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, WEDNESDAY, SEPTEMBER 7, 2016 No. 134 House of Representatives The House met at 10 a.m. and was nance essential services, from Social There is absolutely no evidence that called to order by the Speaker pro tem- Security to medical research, our na- he did anything wrong. The Republican pore (Mr. VALADAO). tional defense, national parks, vet- inspector general, a former Republican f erans’ services, and so much more. Ev- staff member, found nothing wrong. erything that matters to Americans This impeachment action is going no- DESIGNATION OF SPEAKER PRO depends on the ability to finance gov- where in the Senate. It has got to be an TEMPORE ernment efficiently and fairly. embarrassment for the Speaker, com- The SPEAKER pro tempore laid be- Look, Americans from the dawn of mittee chairmen, and Republicans ev- fore the House the following commu- the Republic have chafed at paying erywhere. It only serves to highlight nication from the Speaker: taxes, continuing a tradition that ideological divisions, lack of respect dates back to Biblical times, and al- for due process, and the exaggerated WASHINGTON, DC, most everybody says they hate the September 7, 2016. power of the Republican echo chamber I hereby appoint the Honorable DAVID G. IRS, which is the cheapest, quickest of rightwing talk radio. VALADAO to act as Speaker pro tempore on political applause line for any politi- But it does more than add to disdain this day. cian. Yet, over the years, we have man- for the political process. It is a cloud PAUL D. RYAN, aged to collect money that allows us to over public service. While people claim Speaker of the House of Representatives. win wars, struggle through depressions, we don’t need the IRS or that our tax f and provide what used to be some of filing can be reduced to a postcard and the finest public services on the face of that we can generate all the money we MORNING-HOUR DEBATE the planet. need with reduced tax rates and more The SPEAKER pro tempore. Pursu- Yes, the Internal Revenue Service ad- ministers a hopelessly complex, con- exemptions, it is a fantasy that any re- ant to the order of the House of Janu- sponsible Republican businessperson or ary 5, 2016, the Chair will now recog- voluted, and unfair Tax Code because that is what the American Congress independent economist will verify. nize Members from lists submitted by Going down this impeachment path the majority and minority leaders for has given them to work with. Congress created this mess and then blames the will make it harder to recruit some- morning-hour debate. body for the hardest job in government The Chair will alternate recognition people who try to administer it. If we are ever to make the IRS bet- and will only deepen the divides at a between the parties, with each party ter, more efficient, and fairer, it is time when we need clear thinking and limited to 1 hour, and each Member going to require a degree of coopera- nonpartisan cooperation to fix a bro- other than the majority and minority tion, candor, and hard work. The cur- ken IRS, establish the trust and hard leaders and the minority whip limited rent spectacle of destroying the reputa- work to make the mechanics of rev- to 5 minutes, but in no event shall de- tion of a distinguished public servant, enue collection work, and avoid the bate continue beyond 11:50 a.m. an accomplished businessman, is going breakdown of the system. f to make that task even harder. This is playing with fire and should be beneath America’s elected officials. THE INTERNAL REVENUE SERVICE Make no mistake. The treatment of John Koskinen, with the possibility of Tarnishing the stellar reputation of an The SPEAKER pro tempore. The being the first Cabinet official im- outstanding citizen who is doing his Chair recognizes the gentleman from peached in nearly 140 years, is not just country a favor by volunteering to Oregon (Mr. BLUMENAUER) for 5 min- embarrassing for the people who are take this thankless task is simply utes. perpetrating it; it represents a threat something that should not be toler- Mr. BLUMENAUER. Mr. Speaker, to to the ability to administer the IRS. ated. understand what is wrong with Amer- John Koskinen came to this position f ican politics, especially the dysfunc- after a lifetime of success in business tional Republican House of Representa- as a turnaround expert at the highest THE TIME FOR WAITING IS OVER tives, look no further than the spec- levels as well as in public service, hold- The SPEAKER pro tempore. The tacle surrounding the IRS and the im- ing senior positions in both Republican Chair recognizes the gentleman from peachment of its Commissioner. and Democratic administrations. The Pennsylvania (Mr. MURPHY) for 5 min- The Internal Revenue Service im- Bush administration turned to him to utes. pacts 150 million American taxpayers prevent the implosion of the housing fi- Mr. MURPHY of Pennsylvania. Mr. every year, virtually every family and nance giant, Freddie Mac, and he spent Speaker, this is Suicide Prevention all legal businesses. This is how we fi- 3 years guiding and rebuilding it. Month, and we have a lot of work to do.

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.

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VerDate Sep 11 2014 23:55 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.000 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5100 CONGRESSIONAL RECORD — HOUSE September 7, 2016 In July the House passed H.R. 2646, our mean, after all, why campaign and say still assume, until proven otherwise, mental health reform act called the we could have done something but we that most everyone on the Control Helping Families in Mental Health Cri- didn’t? Board or who lobbies and influences or sis Act; but since September 1, the be- What we ought to be doing is looking helps the Control Board is doing the ginning of Suicide Prevention Month, at the passage in the Senate of H.R. bidding of the bondholders who profit 826 people have died by suicide. Since 2646, which provides more psychiatric from Puerto Rico’s debt and economic we passed the bill, 7,434 have died from crisis hospital beds, more psychia- hard times. suicide. trists, more psychologists. It revises The fact that four of the seven mem- Let me tell you one quick story the HIPAA law that allows the compas- bers are Puerto Rican doesn’t make me about a young man, a constituent by sionate communication between a doc- feel any more optimistic. If you look at the name of Chuck Mahoney, who, tor and a family member at very select recent history in Puerto Rico, just hav- while in college, suffered from depres- times when someone is at high risk for ing a majority of Puerto Ricans sion. Despite his fraternity brothers their health or safety. It reauthorizes shouldn’t give you much comfort. going to the administrators and to his the Suicide Prevention Act. It does a Wasn’t it Puerto Ricans who beat and counselor, and despite Chuck telling host of other things, and all these pepper-sprayed demonstrators at the his counselor that he thought he was things can happen only if it gets to the university and at the legislature, who going to die and there was no reason to President’s desk for a signature. But have gone after journalists and unions live, no one spoke up. No one told the very little can happen if we maintain and lawyers in politically motivated parents. the status quo where people are left to attacks, who have put the needs of in- Sadly, young Chuck, who had been a die while Congress sits. vestors, big Wall Street fat cats, and student, who had been captain of his We did our job in the House. It took political insiders ahead of the people, high school football team, a decorated years, but when we passed this bill 422– the environment, and the future of the student with great grades, took his 2, Members of Congress, Members of island? own life, hanging himself with his dog’s the House of Representatives knew The Control Board and its members, leash, a suicide that could have been that they had passed a bill that could no matter who they are, start with a prevented if he had seen people who save lives, but only if we take action. If deep ocean of mistrust from the Puerto really could treat suicide. no action is taken, what do we do? Rican people who question why a new But so often what happens in this Na- What comfort is there to the families layer of opaque, undemocratic, colonial tion, when someone cries out for sui- who are dying, who are suffering, say- oversight and control is being imposed cide risk, there is no one there to help. ing we could have done something but in secrecy. Actually, as it turns out, mental ill- we decided to wait? That is why I challenged the ap- ness is a contributing factor in 90 per- The time for waiting is over. I hope, pointees to the board to go the extra cent of suicides. When a person makes Mr. Speaker, that Members of the mile to make their deliberations and a decision, it usually happens in the House and of the community at large meetings and decisions as transparent first 5 minutes or, at the most, the will call their Senators and say the as possible. Do not meet in secret just first hour. There is no time for waiting time for passage is now because where because Congress allowed you to. When lists. there is help there is hope. they are governing the people of Puer- We have a crisis shortage of psychia- f to Rico, will they do so in Spanish, the trists and psychologists. We have too language of the Puerto Rican people? few hospital beds. We need something THE PUERTO RICO CONTROL Will they even meet on the island of like 100,000 more crisis hospital beds. BOARD Puerto Rico? Will they make available We have not reauthorized the Suicide The SPEAKER pro tempore. The the logs of who they meet with, who Prevention Act in this Congress. We Chair recognizes the gentleman from tries to exert influence over them, simply don’t have enough to treat for a Illinois (Mr. GUTIE´ RREZ) for 5 minutes. what Wall Street executives are spin- problem that is treatable. Mr. GUTIE´ RREZ. Mr. Speaker, I ning them or treating them to expen- When you add to this people who may want to talk about the beautiful, en- sive meals and giving them gifts, as au- do a drug overdose, 90 percent of people chanted island of Puerto Rico, the thorized under PROMESA? Yes, they who are addicted do not get any treat- birthplace of my father and mother and can take gifts. ment. Of the 100 out of 1,000 who try to my wife. When this Control Board is making get treatment, 37 can’t find any treat- Yes, the colony of the United States decisions that close schools or hos- ment. Of those 63 left who get treat- in the Caribbean Sea where, in case pitals, that threaten the environment, ment, only 6 of them get treatment be- you forgot, everyone is born a citizen public institutions, and every aspect of cause we simply don’t have enough and now even more of a colony of the society in Puerto Rico, will the Puerto people to treat. This is the mess we are United States now that Washington Rican people even be given a minimum in as a country, but we can do some- has appointed a Financial Oversight amount of information in their own thing about that—but it gets worse. and Management Board or, as most language about who is influencing the In addition to these suicide deaths, if people call it, the Control Board, la seven members of the Control Board? you look at just the mental illness-re- Junta de Control. The Junta de Control must take the lated deaths in this country, since Sep- Seven members—four put forward by extra effort to tell the Puerto Rican tember 1, as of today, 6,713 have died of Republicans, three put forward by people what their decisions mean, why a mental illness-related death and Democrats—were announced last week, they are being made, and how decisions 60,000 since we passed our bill in July. and I was not pleasantly surprised. I were determined. The House did its job, but now the have made it clear in this Congress and As Members of Congress who have es- Senate needs to do their job. We hear elsewhere that I oppose the PROMESA sentially grabbed the reins of self-de- rumors that the Senate is talking legislation that created the board that termination from the Puerto Rican about passing the continuing resolu- Congress passed before we left. people and handed them to this Control tion and then going home—going home Now I look at the board, and I see a Board, are we going to be afforded the while this sits on the table in the Sen- mix of people, some with ties to the level of transparency that we need to ate. former Tea Party Governor’s regime, determine if what is happening is what Mr. Speaker, I hope that those mil- some with close ties to Wall Street, we want to happen? lions of Americans who have a family and most with experience examining I understand, Mr. Speaker, that some member who has been lost to suicide or the legal and administrative aspects of of our colleagues do not like to be re- a chronic illness or a homicide or freez- bankruptcy, not in governing an island minded of policy issues that were al- ing on some park bench in some un- of 3.5 million actual living, breathing ready voted on, especially complicated known part of America, that those human beings. policy issues that don’t seem to impact families will speak up and let the Sen- I was not surprised to see political them directly or people in their dis- ate know: Do not go home and leave insiders or those who are close to the trict. They just want to vote on them this unfinished business on the table. I bondholders. I assumed as much and and forget. Well, I am not going to let

VerDate Sep 11 2014 23:55 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.003 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5101 Congress forget about Puerto Rico or In May, I voted to give State and Our first obligation as Members of the board that we have appointed to local authorities a temporary waiver Congress is to keep the American peo- rule in secrecy over the people of Puer- providing more flexibility in using ple safe. That responsibility ultimately to Rico. EPA-approved insecticides for mos- rests with our Commander in Chief. We cannot just set it and forget it quito control. We need a Commander in Chief who like one of those super-duper wonder I also voted against an inadequate will support our troops and their fami- machines they sell on infomercials. $600 million Zika supplemental funding lies. We need a Commander in Chief Puerto Rico is ours. Its people are ours. bill, joining 183 other Members, be- who is going to build robust alliances. Its land is ours. Its bays are ours. Its cause public health experts contended We need a Commander in Chief who is toxic landfills and lush forests, its that it would not be enough to deal going to be tough with adversaries. We schools and hospitals and health care with the expected impact of Zika in the need a Commander in Chief who is clinics—these are all ours in the sense U.S. going to be smart on foreign policy. that we have been given a sacred duty In June, I voted in favor of a $1.1 bil- Mr. Speaker, yesterday, the Repub- to govern over Puerto Rico respon- lion Zika funding bill that passed the lican nominee for President said that sibly. House but did not pass the Senate. Yes- he would ask China to handle the prob- An unelected, unaccountable Control terday, the Senate again stopped any lem of a nuclear North Korea. Now, I Board with no mechanism for over- debate on Zika funding. know that the Republican nominee for sight, with no commitment to trans- In response to a meager grant sum President has outsourced jobs to China. parency, with no promise of bilin- delivered to the State of Florida after Now he is outsourcing national secu- gualism or inclusion, stocked with in- the discovery of mosquito transmission rity to China. He has insulted Gold Star families, siders and people with questionable in Wynwood, a section in the city of Mr. Speaker. That is not supporting links to the very problems the board is Miami, in early August, I led the entire our troops and their families. He has supposed to resolve, this does not give Florida congressional delegation in a announced that he would weaken our me great confidence that this Congress letter urging the CDC to deliver more funds to Florida, where they were most commitment to NATO. That is not will be alert when the people of Puerto building robust alliances. He has said Rico, our fellow citizens and, more im- needed. As a result of that letter and other that he has asked Russia to commit portantly, our fellow human beings, efforts, the Obama administration an- cyber espionage against the United are in need of help. nounced that it would indeed repro- States of America. That is not being Tell the board, do not meet in secret, tough with our adversaries. Outsourc- do not take the free gifts and dinners gram another $81 million for anti-Zika efforts. But now, the CDC Director has ing a nuclear-equipped North Korea to just because Congress allowed you to; China is not being smart on foreign serve the people of Puerto Rico. stated that the CDC has no more funds available to use for Zika interdiction policy. f and eradication. Mr. Speaker, the Republican nominee b 1015 We need a comprehensive response, for President is dangerously unfit for Mr. Speaker, that limits the spread of command. URGING ACTION ON ZIKA this virus as quickly as possible. This I understand that some don’t have all The SPEAKER pro tempore. The is long overdue. I was ready to go back the facts and may not be well-read. Chair recognizes the gentlewoman from into an emergency session weeks and That is one thing. Not having the facts Florida (Ms. ROS-LEHTINEN) for 5 min- weeks ago to pass a comprehensive and not being well-read and being dan- utes. package, but despite my pleas, this gerous is a threat to the United States of America. Ms. ROS-LEHTINEN. Mr. Speaker, I House did not reconvene. Now the rise today to speak out against the pa- House is back in session, but to this f ralysis in Congress over funding Zika point, no votes on a Zika funding bill FUNDING FOR ZIKA VIRUS virus eradication efforts. are scheduled. The SPEAKER pro tempore. The I have been warning my colleagues in How much longer do south Floridians Congress for months that the Zika Chair recognizes the gentleman from need to wait for the government to Florida (Mr. JOLLY) for 5 minutes. virus would severely impact our Na- commit more resources to fighting tion, and especially south Florida, the Mr. JOLLY. Mr. Speaker, I rise today Zika? to talk about Zika. I rise with about gateway to the Americas. And while My constituents are tired and fed up Washington has slumbered through the 100 mosquitoes straight from Florida— with excuses and buck-passing. I am Aedes aegypti mosquitoes capable of late summer, it has been a busy August sick of Congress’ partisan fighting and carrying the Zika virus. This is the in south Florida dealing with the fall- political grandstanding. I stand united reason for the urgency. This is the rea- out. It is because of Federal inaction with the hardworking residents and son for the fear. that now Miami-Dade County will be families of south Florida, and I will These mosquitoes can travel only 150 spending $10 million of our own budget continue working on their behalf to de- feet, but through the assistance of a to cover for some of the expenses in the mand that this Congress do its job and plane ticket and researchers at Univer- fight against Zika. protect the American people. sity of South Florida, they have made Back in February, I cosponsored four Let’s pass the President’s request for their way from Florida to the well of bills to help start comprehensive prep- $1.1 billion to fight Zika and develop a this House. arations for the virus’ arrival, includ- vaccine—a clean bill, with no policy Now, they are not active carriers, but ing opening up funding sources for riders—and pass it before this virus they could be. The University of South mosquito control, freeing the adminis- spreads even wider throughout our Florida is one of very few research fa- tration to reprogram unspent Ebola great Nation. cilities capable of responding. Through funds for fighting Zika, and Here we have a picture of an area of the efforts and leadership of Dr. Robert incentivizing pharmaceutical compa- the district that is impacted already. Novak at the College of Global Health, nies to begin developing treatments We have other areas that are impacted. his team of medical public health and and vaccines for Zika. We have other areas in Florida. We research professionals led an insectary In March, I requested that $177 mil- have other areas throughout the to study control and containment and lion be made available specifically for United States. Let’s stop Zika. We can medical and public health solutions to aid to local mosquito control pro- do it. Let’s pass the funding bill. combat, eradicate, and ultimately find grams, extra funding for the CDC’s Di- f a vaccine for Zika. But they can only vision of Vector-Borne Diseases, and do so with money. new dollars for innovative mosquito NATIONAL SECURITY Mr. Speaker, it is time to act. The control tool development. The SPEAKER pro tempore. The politics of Zika have gone on far too In April, I voted in favor of using the Chair recognizes the gentleman from long. The politics of Zika are wrong. FDA’s Priority Review Voucher Pro- New York (Mr. ISRAEL) for 5 minutes. The President proposed a plan that gram to incentivize Zika virus treat- Mr. ISRAEL. Mr. Speaker, I rise was imperfect. It assumes a 2-year cri- ment development. today to discuss our national security. sis, when, in fact, there might only be

VerDate Sep 11 2014 23:55 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.004 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5102 CONGRESSIONAL RECORD — HOUSE September 7, 2016 a 1-year crisis. It expanded Medicaid get our electoral institutions, includ- b 1030 for non-Zika-related health care. ing the DNC, DCCC, and our State elec- HONORING THE LIFE AND DEDI- Why would we dilute Zika-related tion agencies, and to discredit the ex- CATED SERVICE OF GEORGE emergency funding with non-Zika-re- ample of our democracy around the KOEHL III lated health care? world. Evidence collected by private The SPEAKER pro tempore. The It proposed construction of capital security firms indicates that these at- Chair recognizes the gentleman from properties on leased lands with no re- tacks are part of a Russian intelligence capture provision. That was the Presi- Texas (Mr. CONAWAY) for 5 minutes. operation, a campaign of propaganda Mr. CONAWAY. Mr. Speaker, I rise dent’s plan. and disinformation known as active The Senate reached a bipartisan com- today to honor the life and dedicated measures. promise of $1.1 billion. The House had service of George Koehl III. On August its own plan. And through the leader- Sowing distrust and chaos in U.S. 28 of this year, the Midland community ship of the Appropriations Committee elections by a foreign adversary should celebrated his life and service with chairman, who traveled to study this concern Americans of all parties. Along Sunday services and a memorial serv- issue, money has continued to flow, but with Senator FEINSTEIN, I have written ice on Saturday afternoon, August 27. we know that money will end. to the President to urge that he make George was born and reared in Mid- Mr. Speaker, people are scared. Dur- a public attribution of these attacks. If land, Texas, to Maggie and George ing the 7 weeks of August recess that a hostile foreign power is attempting Koehl, Jr., on August 19, 1954, and he we were gone, cases of Zika rose from to disrupt or influence our elections, went to meet his Lord on his birthday, August 19, 2016. He graduated from 4,000 to, by some estimates, over 16,000 the American people have a right to Midland High School in 1972, and later in the country, including a new non- know it. I also urge the GOP to refrain received a bachelor’s degree in church travel-related case in Pinellas County, from using hacked documents, which music and a master’s degree in music Florida, my home, my community. can be easily doctored or seeded with There are roughly a million people in theory and composition from Hardin- false information. An attack on our Simmons University in Abilene, Texas. that county who are scared, who have election system is an attack on our de- fear. In that fear, they are demanding While studying at Hardin-Simmons, mocracy, and all Americans must action. And they are seeing inaction. George met the love of his life, DiAnn stand against it. And in that inaction, they are angry. Schmidt. The two married and had four Angry. And they should be. It is time we acknowledge the hard children and five grandsons. It is now our job to try to explain to truth that Russia poses a significant After completing his degrees from the American people why we know bet- threat not only to the United States, Hardin-Simmons University, George ter. It is our job to respond to the fear but to freedom-loving people all over answered God’s call to service and and the anxiety and the anger of a pop- the world. It has invaded its neighbors began his career in ministry. Over the ulation concerned about a pending pub- and attempted to remake the map of course of the next 16 years, George lic health crisis concerned about mos- Europe through the use of force. It has served as a youth and music minister quitoes. interfered in the elections of its neigh- for multiple congregations throughout You see, I brought these mosquitoes bors. Now it is attempting to interfere Texas. In August of 1993, God called here today to convey that fear and anx- in our own elections. George back to his hometown to serve iety of millions of Americans and Flo- at the First Baptist Church of Midland, ridians. The GOP nominee sees nothing where he labored and worked for 23 Can you imagine, Mr. Speaker, the wrong with Russian behavior. He ad- years. fear and anxiety in this Chamber if mires Putin, belittles NATO, expresses I was privileged to attend First Bap- these 100 mosquitoes were outside this recognition for the illegal annexation tist Church throughout George’s entire jar, not inside this jar? of Crimea, and also expresses a positive tenure. Under his leadership, the music Members of Congress would run down receptivity to the idea of repealing ministry excelled and touched many the halls to the physician’s office to be sanctions on Russia for its illegal an- lives. The Passion Plays at Easter and tested. They would spray themselves nexation of part of the land of its the Christmas programs he directed before coming down here. neighbor. He invites Russia to illegally were first-class productions that were This is the fear of Floridians right hack his opponent. enjoyed by capacity audiences whose here. It is not good enough to work on This is dangerous. We are now en- lives were blessed. I watched George and DiAnn walk a a compromise for months and months gaged in a high stakes battle of ideas path that I am not unfamiliar with in and months with no solution. The time around the world. The United States, for the politics of Zika is over. The pol- the battle of cancer. George battled his as always, is the beacon of democracy; illness with grace and dignity and itics of Zika are garbage right now. and Russia, the champion of a creeping The fact that candidates are going to courage and a palpable faith in Jesus authoritarianism that is spreading its spend money on commercials about Christ. All who knew him were inspired destructive influences in the Caucasus, Zika instead of responding together in by his dogged and iron-willed deter- Eastern Europe, and the West. a bipartisan, bicameral way in a di- mination to not let cancer rob him of vided government to a public health It is now an iron curtain descending the service to Christ’s kingdom. DiAnn crisis that Americans understand, we across the continent by the slow set the bar for how spouses should sup- are wasting time. That is why I am smothering of freedoms the world holds port each other in good times and hard joined by these mosquitoes today. dear: the right to choose one’s own rep- times, all the while battling cancer f resentatives, the right to speak as we herself. choose, the right to associate with like During George’s memorial service on FOREIGN INTERFERENCE IN U.S. mind and intent, and what has been de- August 27, 2016, his children blessed us ELECTIONS scribed as the most precious right of all in reaffirming their faith in a lov- The SPEAKER pro tempore. The all, the right to simply be left alone. ing and sovereign God. While their Chair recognizes the gentleman from prayers for their dad’s healing on California (Mr. SCHIFF) for 5 minutes. All of these universal human rights Earth were not answered, they ac- Mr. SCHIFF. Mr. Speaker, I rise to are under assault by a newly aggressive knowledged that God had healed their express my deep concern with a pattern and belligerent Kremlin. We need a dad for all eternity. of foreign interference in U.S. elections Commander in Chief who will resist Throughout his career, he consist- and the need to confront Russian ag- this assault, not endorse; who will af- ently placed the needs of others ahead gression and interference in all of its front Russian aggression, not ratify it; of his own, and he did so with the ut- malicious forms. who has the experience, judgment, and most integrity and devotion. The many Over the past several months, we fitness to meet this and other grave qualities George exhibited serve as a have seen a clear pattern of challenges facing the United States of shining example of how each of us cyberattacks and leaks designed to tar- America. should serve the Lord.

VerDate Sep 11 2014 01:51 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.006 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5103 George lived a life that blessed every- servicemembers. If these issues get 10 in the Pennsylvania Fifth Congres- one that he met and made every com- minutes of debate, one would think sional District. munity he lived in a much better place. that our national security and the Con- The company was founded in 1946, The City of Midland declared August 28 stitution deserve more than a rushed and currently serves Ulysses Borough, as George Koehl III Day. He is greatly amendment debate allotted. Northern Ulysses Township, Southern missed, but his legacy will be carried Now, my colleagues and I might dis- Bingham Township, Northern Hector on by the many people whose lives he agree on what specifics of an authoriza- Township, and Eastern Allegheny has touched by his living example. tion should look like; and that is why Township. Under the Tioga/Potter f we need this debate, so Members under- County Mutual Aid Plan, they also re- stand all of the options, the costs, and spond on the first alarm to certain 15TH ANNIVERSARY OF THE 2001 the consequences and we can advance calls in Harrison, Pike, Genesee, and AUMF policies that protect the Constitution Sweden Townships. The SPEAKER pro tempore. The and ensure our national security. The Although the fire company is located Chair recognizes the gentlewoman from American people deserve more than a in a very rural area, they protect a California (Ms. LEE) for 5 minutes. Congress that is missing in action. large and vital part of America’s na- Ms. LEE. Mr. Speaker, I rise today to In February of last year, President tional infrastructure, including the really challenge my colleagues to re- Obama sent a draft authorization to Northern Potter County natural gas store Congress’ constitutional over- Congress. Mr. Speaker, it has sat on storage field, compressor stations, sight on matters of war and peace. your desk ever since, with no action, transfer stations, pipelines, and wells. Next Wednesday, September 14, will no hearings, no formal debate, and not The station is also responsible for mark the 15th year since Congress one vote. protecting nearly 35,000 acres of Penn- passed an open-ended blank check for While Congress has been missing in sylvania forestland, which is some- endless war. This authorization surren- action, more bombs have fallen, more thing of high importance to me as dered our constitutional authority to American servicemembers have been chairman of the House Agriculture the executive branch. put in harm’s way, and, yes, we have Subcommittee on Conservation and We continue to mourn the loss and poured more than $1.7 trillion into war- Forestry. cherish the memories of those killed in making. Mr. Speaker, as a volunteer fire- these attacks and continue to support Right now, any President can unilat- fighter myself, I have the deepest re- and help those who were injured and erally wage war under the outdated spect for the men and women who step whose lives were changed forever. 2001 authorization. The last four Presi- forward to help their communities, to Now, just 3 days after the horrific dents have bombed the Middle East. help their neighbors, putting their terrorist attacks on 9/11, this House Will this Congress allow a fifth Presi- lives on the line and asking for nothing rushed to pass a 60-word authorization, dent the same unlimited power to wage in return. with little debate, that has been used unchecked war? We can’t and we I wish the men and women of the Tri- to wage endless war around the globe. shouldn’t. It is past time for this de- Town Fire Company the best of luck in In the 15 years since its passage, this bate. the future. authorization, designed to punish the Now, in 2001, when I opposed this au- HONORING SWEDEN VALLEY MANOR perpetrators of the brutal and deadly thorization, I challenged my colleagues Mr. THOMPSON of Pennsylvania. attacks on September 11, has allowed with the words of the Reverend Nathan Mr. Speaker, I rise today in honor of endless war to rage out of control. Baxter, the dean of the National Cathe- the efforts at Sweden Valley Manor, a A recent report from the Congres- dral. He said: nursing home in Coudersport, Potter sional Research Service shows that Let us hope that we may not, through our County, serving people in that county, this authorization has been used more actions, become the evil that we deplore. along with McKean, Tioga, and Cam- than 37 times in 14 countries to justify Fifteen years later, we, this Con- eron Counties. military action, and this report only gress, have attacked our Constitution, In particular, I want to commend the looked at unclassified military actions. the balance of power, and the voice of efforts of local master gardener Bonnie How many others have been authorized the American people on matters of war Wood, who has worked over the course that the American people don’t know and peace. We, yes, have surrendered of the past 5 years to create what are about? the Constitution and the voice of the now called ‘‘Enabling Gardens’’ at the The American people and Congress American people. We have ignored the facility. deserve to know what is being done in advice of our Founders and have di- As a former licensed nursing home their name. Sadly, Congress has been vested our Nation’s war-making power administrator, the opportunity to visit missing in action. from Congress, which, yes, is the voice Sweden Valley and, specifically, to It is unacceptable that our brave of the American people. visit these healing gardens—what a re- servicemen and -women are facing So it is past time to stop this law- source this is for the men and women snipers and mortar rounds, but Con- lessness. It is past time to restore the and the individuals who live and work gress can’t even muster the courage to Constitution. It is past time for us, as within that facility. debate the war that we are asking Members of Congress, to live up to our The gardens are designed so that them to now continue to fight. It is responsibility we were elected to ful- residents can exercise their green just plain wrong. fill. It is past time that we do our job thumbs. All the planters that Bonnie Mr. Speaker, we have a constitu- and repeal the blank check for endless built are wheelchair-height, and a lazy tional and moral duty to debate on this war and have a debate and a vote on a Susan actually allows for the planters war and any war. So why have you not new authorization for this new war to rotate for maximum accessibility no scheduled a debate on this vital issue footing that this country has embarked matter what the physical mobility or that affects our national security? upon. orthopedic issues that an individual I have asked, the President has f may be experiencing. asked, members of your own caucus, She has cultivated relationships with Mr. Speaker, have asked, even mem- RECOGNIZING 70TH ANNIVERSARY corporate sponsors, volunteers, and bers of our military forces have asked, OF TRI-TOWN FIRE COMPANY youth groups from across the region, and still you have not scheduled a de- The SPEAKER pro tempore. The and has also welcomed students in- bate or vote. What is the hold up? Chair recognizes the gentleman from volved in FFA and 4–H to work with During the amendment debate sur- Pennsylvania (Mr. THOMPSON) for 5 Sweden Valley Manor’s residents. rounding this year’s National Defense minutes. Bonnie has educated staff and residents Authorization Act, we got a few mo- Mr. THOMPSON of Pennsylvania. on how to take care of plants and ments to discuss this issue. We were al- Mr. Speaker, I rise today in recogni- where particular plants should be lotted 10 minutes, the same amount of tion of the 70th anniversary of the Tri- placed in a garden, dedicating her own time allotted to debate what brand of Town Fire Company in Potter County, time to get plants and vegetables start- sneakers should be available to our located in Ulysses, Pennsylvania, with- ed on their growth at the home.

VerDate Sep 11 2014 01:51 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.007 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5104 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Mr. Speaker, I am proud of Bonnie to his impressive reputation for high that the members of our military Wood’s dedicated service to her com- integrity and strong character. make. He also works to promote the munity and to the citizens of Potter Some of us might remember General belief within every one of his students County and the surrounding region Vessey for becoming our Nation’s long- that anything they set their minds to and, certainly, to the residents who est serving active soldier, but most of is possible. He is especially dedicated make their home at Sweden Valley. us will remember him for the work he to helping his students pursue their f did for his fellow soldiers. education beyond high school. President Reagan once called him a Thank you, Matthew, for your brave AMERICA NEEDS A STRONG AND ‘‘soldier’s soldier,’’ which he undoubt- service and for continuing to better our SMART COMMANDER IN CHIEF edly was, as he never forgot about the Nation. Our Nation and our State is a The SPEAKER pro tempore. The men who stood next to him in battle, better place because of you. Chair recognizes the gentlewoman from including the ones who never made it A VOICE FOR VETERANS the Virgin Islands (Ms. PLASKETT) for 5 home. This was proven by his advocacy Mr. EMMER of Minnesota. Mr. minutes. for MIA/POW issues, for which he was Speaker, I rise today to honor Jolaina Ms. PLASKETT. Mr. Speaker, I rise awarded the Presidential Medal of Falkenstein of Carver, Minnesota, for today to highlight a matter of critical Freedom in 1992. receiving a Veterans’ Voices Award. and immediate importance to our na- General John W. Vessey Jr. was a These awards are meant to honor the tional security. true Minnesotan hero and he is a leg- outstanding contributions made by As we combat the growing threat of end. We were lucky to have him; and Minnesota’s veterans. terrorism both at home and abroad, it while he will be missed, he will never Jolaina is an Army Reserve veteran is absolutely critical that we elect a be forgotten. who serves as a senior noncommis- Commander in Chief who will be strong b 1045 sioned officer in the 88th Regional Sup- and smart when it comes to our na- port Command. tional security, a Commander in Chief MINNESOTA’S OWN BEST BUY TURNS 50 In her primary role as a lead training who will work with our allies, employ Mr. EMMER of Minnesota. Mr. officer for the Yellow Ribbon Re- diplomacy across the globe, and be Speaker, I rise today to celebrate a integration Program, Jolaina strives to thoughtful when it comes to using Minnesota company that has reached a help military members prepare for de- military force to defend the United major milestone. This past month, ployment as well as for what they will States. Best Buy turned 50 years old. need when they return home. Time and again, the Republican Best Buy was founded in 1966 by Additionally, Jolaina works as a li- nominee has shown that he completely Richard Schulze. Originally named The censed therapist for Lutheran Social lacks the temperament to lead Amer- Sound of Music, this store sold stereo Services, working with our military ica on the world stage. Our Commander equipment to college students in the members and their families. in Chief must support our men and Twin Cities area. When the stereo mar- We are truly thankful to have an in- women in the military and our vet- ket began to decline, the store eventu- dividual like Jolaina in our commu- erans. Instead, our servicemembers and ally expanded its merchandise to offer nity. Not only has she served in the veterans have weathered verbal attack other popular products, ultimately Armed Forces, but she continues to after verbal attack since the Repub- leading to major future success. serve by providing our Nation’s vet- lican nominee began his campaign. Like any business, Best Buy has erans and their families with the care Mr. Speaker, our men and women in faced highs and lows. In 1981, a tornado that they not only deserve, but they so uniform deserve better. Those of us destroyed the main store in Roseville. desperately need. Instead of letting the disaster win, who have children who can be called up f deserve better. For those who put Schulze and his employees banded to- themselves in harm’s way, they deserve gether to continue to sell great prod- ZIKA FUNDING better. For Americans who rely on the ucts at a great price and provide excel- The SPEAKER pro tempore. The Commander in Chief to make reasoned, lent customer service along the way. Chair recognizes the gentlewoman from well thought-out, balanced decisions, Today there are now 1,600 stores lo- Texas (Ms. JACKSON LEE) for 5 minutes. they deserve better. cated throughout North America, prov- Ms. JACKSON LEE. Mr. Speaker, The SPEAKER pro tempore. The ing that both determination and hard there was such expectation, as Mem- Chair would remind Members to refrain work can pay off. Their success is wide- bers returned from their work recess in from engaging in personalities toward ly recognized, so much so that Forbes August. Many times, the American nominees for the Office of the Presi- magazine even named Best Buy the people are quizzical, inquisitive about dent. company of the year in 2004. the structure of our work. Congratulations to Best Buy on 50 f We are constitutionally mandated; years of business. Thanks for rep- and, in fact, we have major responsibil- A TRUE MINNESOTA HERO resenting Minnesota so well. And ities of oversight; but we also are the The SPEAKER pro tempore. The here’s to the next 50 years. umbrella on a rainy day. The Congress Chair recognizes the gentleman from PROOF OF TRUE SERVICE TO OUR COUNTRY must rise to the occasion in time of Minnesota (Mr. EMMER) for 5 minutes. Mr. EMMER of Minnesota. Mr. war. It is our authority to declare war. Mr. EMMER of Minnesota. Mr. Speaker, I rise today to honor Matthew We must rush to the aid of those Amer- Speaker, I rise today to honor the in- C.G. Boucher of Ramsey, Minnesota. icans in need by our oversight over ex- credible life of General John W. Vessey Matthew recently received a Veterans’ ecutive agencies, such as Homeland Se- Jr. Voices Award meant to highlight the curity and FEMA, as we watched the Just 16 years old when he lied about incredible contributions of Minnesota’s suffering of our fellow Americans in his age and enlisted as a private in the veterans. the terrible storms of Baton Rouge, of Minnesota National Guard, John Matthew is a veteran of the Army the hurricanes up and down the east Vessey quickly found himself on the National Guard and spent 12 years cou- coast, of what happened on 9/11 or front lines in World War II. It didn’t rageously serving our Nation. Today he Sandy or Katrina or Rita or Hurricane take long for John to distinguish him- continues his service to our country Ike and many others. Hurricanes and self as a war hero, and, in 1944, he re- and to the State of Minnesota through others, it is up to us to do our work. ceived a battlefield commission. his work as a middle school principal. Well, we are not doing our work. General Vessey’s military career Matthew’s love for the military and We left this place having had the didn’t end with his service in World his fellow veterans is a large part of Senate pass a $1.1 billion Zika funding War II. More than two decades later, he what inspires him in his current posi- bill—not what the executive asked, but also served in Vietnam. tion. a reasoned response to the crisis and In 1982, General Vessey was chosen as At Fridley Middle School, he started emergency that we are facing. It is dev- the Chairman of the Joint Chiefs of a Veterans Day program to teach stu- astating in Puerto Rico, which is part Staff by President Ronald Reagan, due dents to recognize the many sacrifices of the United States. It is devastating

VerDate Sep 11 2014 23:55 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.008 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5105 to the people there. They are suffering dinner table. And then again, they do cost, rather than what is best for the greatly. Now we have found cases in great work. They are a part of the patient. parts of Florida, including areas that structure of this government. As a lifelong pharmacist, I trust my colleague, Congresswoman WILSON, So I would ask the question: Why? clinically trained medical professionals represents, and areas around Miami That is not oversight; that is abuse. to determine the best treatment for pa- Beach. More importantly, there are CELEBRATING THE RETURN OF THE CHIBOK tients, not an unaccountable bureau- 2,000 Zika cases in the United States, SCHOOLGIRLS crat. Adding to the outlandish nature 600-plus are pregnant women, babies Ms. JACKSON LEE. Mr. Speaker, I of this part B drug pilot project, there not yet born; and 35 cases have been want to celebrate the return of the is nearly no escaping it. CMMI pro- found to have been transmitted here in Chibok schoolgirls. Many of you know poses to force nearly 75 percent of the the United States—and yet fiddling is that 200-plus girls were taken back in country to participate in this Medicare going on. Unnecessary riders are being 2014, in Nigeria, snatched out of their drug experiment. 75 percent of the included in something that should sim- beds, snatched out of a boarding country is not a pilot project. It is near ply pass because it is an emergency. school, abused, and taken by Boko full implementation of a new program. Shame on those who would cloud leg- Haram. Boko Haram, of course, is an Just last week, CMS responded to the islation with preventing the health ISIS cousin. letter we sent them and simply clinics that women need, run by I want to acknowledge that FRED- thanked us for sharing our opinion. Planned Parenthood, from getting ERICA WILSON, LOIS FRANKEL, and my- Such a brief and dismissive response is money. Shame on those who would try self, we went to Nigeria when they indifferent to the risk posed to our Na- to undermine the executive order about were taken. Mr. Speaker, I am de- tion’s sickest patients and to this con- confederate flags in veterans ceme- lighted to celebrate those girls are gressional body. teries on official flagpoles. You have back. But we are going to fight Boko For all these reasons, I applaud my every right to put it at your personal Haram in every way that we can pos- colleague from Indiana, Dr. LARRY grave, or the family does. How ridicu- sibly fight. BUCSHON, for sponsoring H.R. 5122 to lous, how undermining of our author- Finally, congratulations to the Uni- prohibit CMS from moving forward ity, our constitutional responsibility versity of Houston football team that with this dangerous, misguided experi- to govern this Nation. beat Oklahoma. ment with seniors’ lives. I proudly join I am saddened because the image f him in his effort as a cosponsor of H.R. that is being perceived is that we can- 5122 and encourage my colleagues to MEDICARE PART B PROPOSED not do our job. We can. We have to be support this legislation. PLAN FOR DRUG REIMBURSEMENT Americans united together, facing the f emergency. The SPEAKER pro tempore. The Many Americans are not focused on Chair recognizes the gentleman from REMEMBERING GEORGE KOMELASKY the Zika virus. I understand. It has Georgia (Mr. CARTER) for 5 minutes. been a time of summer and frolic and Mr. CARTER of Georgia. Mr. Speak- The SPEAKER pro tempore. The time with family. But most infectious er, I rise today on behalf of seniors in Chair recognizes the gentleman from disease doctors—the regional task the First Congressional District of Pennsylvania (Mr. FITZPATRICK) for 5 force that I have organized: Dr. Hotez, Georgia. Many seniors in the First minutes. an infectious disease doctor at Baylor Congressional District of Georgia and Mr. FITZPATRICK. Mr. Speaker, who is well renowned; and Dr. Persse, a across the Nation battle medically George Komelasky of Northampton well renowned medical professional in complex diagnoses, including cancer, Township, Bucks County, Pennsyl- public health; along with OB/GYN and rheumatoid arthritis, severe immune vania, was a friend and political col- State officials. I want to thank them deficiency, epilepsy, and macular de- league. His passing last month at the for their work. generation. These Medicare patients age of 66 was a personal loss that also They are asking me: Where are the face significant complexities in their leaves a gap in the township govern- resources for mosquito control, for the care and treatment options. ment where he served for 31 years. He research, for the vaccine? This spring, I joined over 240 of my was first elected in 1985, and he suc- Just so you know, the cost of a baby colleagues in sending a letter to CMS cessfully was reelected just last year to that has been impacted by this terrible that expressed our deep concerns with another 6-year term. disease is $10 million. a sweeping, nationwide experiment At all times, George viewed his re- IRS COMMISSIONER that the Center for Medicare & Med- sponsibilities in elective office as pub- Ms. JACKSON LEE. Mr. Speaker, and icaid Innovation has proposed. lic service and performed intelligently then on the question of our duties, why Patients and physicians in my dis- and honorably term after term. Those would there be any discussion to im- trict told me with no uncertainty that with whom he served know he was con- peach or to suggest the impeachment the CMMI experiment with part B drug scious of his responsibilities to the tax- of a public servant like the IRS com- payment will have negative con- payers while providing necessary serv- missioner, who I know has done noth- sequences for millions of Medicare pa- ices that enhanced the quality of life in ing wrong, including the words of the tients who depend on access to life- his hometown. inspector general who can find nothing saving treatments to live better lives. He was a leader who left his partisan- wrong that this retired private citizen, Under the part B drug experiment, in ship at the door and was viewed as a who came to help turn the IRS around, many cases, Medicare payment for cer- role model and also a mentor. Most of who came way after the trouble was tain drugs would be significantly below all, our friend, George Komelasky, will raised about targeting different a physician’s acquisition cost for the be remembered for his good nature and groups—he had nothing to do with it. drug. This will put patients at tremen- the values that guided his public and And yet someone is suggesting he dous risk, potentially forcing them to his private life. should be impeached. abandon treatments for other treat- MARGARET R. GRUNDY MEMORIAL LIBRARY What are you going to do with Amer- ments that have shown less success. Mr. FITZPATRICK. Mr. Speaker, as icans who sacrifice and say, I want to Ultimately, CMS will manipulate we recognize the 50th anniversary of serve, and then you abuse them and choice of treatment for Medicare pa- the Margaret R. Grundy Memorial Li- abuse the power of this Congress and tients using heavy-handed reimburse- brary in the borough of Bristol, Bucks suggest some kind of an impeachment? ment techniques that undermine any County, Pennsylvania, we also ac- I have gone through impeachment efforts by medical professionals who knowledge the legacy of United States proceedings. Read the Madison papers. have dedicated their lives to treating Senator Joseph R. Grundy, who estab- There is no suggestion of misconduct complex conditions like cancer. lished this beautiful library on the or treason by this individual. To make matters worse, CMS sought banks of the Delaware River in the We can’t impeach people because the little to no stakeholder input, and has name of his sister Margaret. IRS is some entity that most of us provided little turnaround time before This remains a privately funded pub- would find not a welcomed guest at our medication treatment will be based on lic library with an ongoing mission:

VerDate Sep 11 2014 01:51 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.009 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5106 CONGRESSIONAL RECORD — HOUSE September 7, 2016 opening doors, inspiring minds, and the rescue. It was our neighbors, it was estimated or projected to be the fourth connecting community. Now in its our community, many of which were most costly flood event in U.S. history. milestone year, the library is a testa- flooded themselves. They got their own It is an extraordinary event that, un- ment to the generosity and vision of boats and went out and rescued folks fortunately, has not received the na- Senator Grundy and Margaret Grundy and rescued their neighbors to the tune tional media attention that most disas- and the dedication of those who fol- of thousands and thousands of people ters of this nature would. lowed. rescued by what we deem the Cajun Disasters are awful. At some point, The original mission has made this Navy. I had a chance to go out there in everyone in this country is going to ex- library a vital educational institution, my own kayak and paddle board and perience some type of disaster—a flood, valued by local and regional learners of rescue dozens of folks that were a tornado, a hurricane, an earthquake, every age. Grundy Foundation grants trapped in their homes. a terrorist attack, or something else. carry on the Grundy family legacy by Mr. Speaker, it didn’t stop there. When you have these catastrophic continuing to improve the quality of When shelters weren’t open and events, it is time for us to come to- life for residents of Bristol Borough weren’t available, Cajun Navy shelters gether as a Nation to offer a helping and people throughout all of Bucks opened up. People just opened up their hand. I am looking forward, again, to County. own homes and businesses to shelter working with colleagues across the The Grundy Foundation supports the those that were homeless. We had country to do that. Margaret R. Grundy Memorial Library, Cajun Navy chefs, many of which just the adjacent Memorial Museum, and for the first time deemed or designated f countless local projects. themselves chefs, that cooked tens of On October 6, 2016, the library will thousands of meals not for compensa- REMEMBERING JACOB hold a public anniversary celebration tion or because they were told to do so. WETTERLING with a reception and exhibition fea- They did it because we had friends and The SPEAKER pro tempore. The turing historic artifacts, photographs, neighbors that were hungry and that Chair recognizes the gentleman from and primary documents. were homeless. So we cooked for those Minnesota (Mr. PAULSEN) for 5 min- Heartiest congratulations to all of folks. utes. those involved, past and present, who And it didn’t stop there. We had a Mr. PAULSEN. Mr. Speaker, I rise have carried on and enriched so many cadre of folks that we deemed the today to remember and honor Jacob lives and will continue to do so for gen- Cajun Army that have come together Wetterling and offer my deepest pray- erations to come. and helped to gut and de-muck thou- ers to his family. sands and thousands of homes across f Over the weekend, we learned of the south Louisiana, again, Mr. Speaker, tragic details and reached the awful b 1100 not because they were compelled to do end of this 27-year-long saga filled with LOUISIANA UPDATE so by any requirement or compensa- grief, with hope, and with pain that tion. They were compelled to do so out moved Minnesota and the entire Na- The SPEAKER pro tempore. The of their selflessness, out of their gen- Chair recognizes the gentleman from tion. It was 27 years ago, Mr. Speaker, erosity, and out of their hospitality. that Jacob was taken, kidnapped from Louisiana (Mr. GRAVES) for 5 minutes. Mr. Speaker, we are now at a point to a small rural Minnesota community, Mr. GRAVES of Louisiana. Mr. where the volunteerism, the hospi- and went missing. Speaker, I rise today to give an update tality, the generosity of our commu- As a community, we extend our deep- from home. I represent south Lou- nity is going to be exceeded. The needs est sympathies to Jacob’s parents, isiana. A few weeks ago, we had a rain- are going to be greater than we can Patty and Jerry Wetterling. Through- fall event that has been categorized as volunteer ourselves out of. We have out these 27 trying years, they have re- a 1,000-year storm. thousands and thousands of home- mained strong and became tireless ad- Mr. Speaker, in some areas of south owners across south Louisiana that are vocates for children’s safety. Their ef- Louisiana we received 31 inches of rain. facing this scenario. They have a home forts have resulted in widespread To put that in perspective, that would that may be worth $200,000 but, because awareness of effective measures to pro- take 5 years for the city of Bakersfield, it was flooded and is entirely gutted tect children, Federal legislation to California, to achieve that number. now, it may be worth just half that. monitor known and potential preda- That would take 10 years for the city of They may have a mortgage balance tors, and the founding of the Jacob Yuma, Arizona, to receive that level of that is in excess of the value of the Wetterling Resource Center to inform rain. For those Americans that haven’t home, which means they are upside and prevent similar tragedies from im- realized they can live in the pleasure of down in their mortgage. the subtropics and you live up north, to But that is not all. They have lost pacting other families. They channeled translate that to snowfall, that is the both of their cars, adding tens of thou- their heartbreak to activism for the equivalent of a 25-foot snowstorm; a sands of dollars to the equation. They good of children and their families all storm that leaves 25 feet of snow. This have to rebuild their home, which adds across this country even as they is categorized, again, as a 1,000-year tens or maybe even six figures of liabil- grieved themselves. Because of their ef- event: 31 inches of rain in, in some ity. They have to replace their clothes, forts, countless children have been cases, as short as perhaps 36 hours. their wardrobe. And in some cases, saved from various forms of exploi- Mr. Speaker, we have areas that have their employers are under water; there- tation. never, ever flooded, never seen water, fore, they don’t even have a way of Mr. Speaker, while this is not the never retained or held water in any making money. ending that we had hoped for after all way, shape, or form, that dealt with Mr. Speaker, we are not a commu- these years, Jacob will never be forgot- several feet of water in their homes nity that sits around and asks for a ten, nor will his family’s undying love and businesses. In Livingston Parish, handout. That is not what we do. But and commitment to protecting our pre- Louisiana, it is estimated that 86 per- in this case, I will say it again: as gen- cious sons and daughters. cent of the homes and 91 percent of the erous, as hospitable, as selfless as our Jacob, may you rest in peace. businesses were flooded. This has been community has been, we are now at a a devastating event for many folks in point to where we are unable to address f our community. the needs. Again, the Stafford Act Mr. Speaker, as we move forward, works in most disasters. This one is an RECESS certainly the Stafford Act, the Federal anomaly. This is an extraordinary dis- The SPEAKER pro tempore. Pursu- disaster law, has a role in helping our aster. ant to clause 12(a) of rule I, the Chair communities to recover. But what hap- I am looking forward to working declares the House in recess until noon pened when this storm first came about with colleagues on both sides of the today. and the flooding began is that it wasn’t aisle moving forward on tailoring a re- Accordingly (at 11 o’clock and 7 min- the Stafford Act or FEMA that came to covery package for this region. This is utes a.m.), the House stood in recess.

VerDate Sep 11 2014 01:51 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.010 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5107 b 1200 As lifelong Modesto residents, teners. Her contributions to the Chi- Marvin and his wife, Cheryl, have con- cago community changed countless AFTER RECESS tinued to minister to thousands of lives and will continue to do so for gen- The recess having expired, the House youth in our community, changing erations. was called to order by the Speaker at lives and bringing people from humble Sadly, in July, Leslie passed away noon. backgrounds to leaders in our commu- after her courageous battle with ovar- f nity. ian cancer. Leslie bravely fought her Mr. Speaker, I ask my colleagues to illness by listening to new albums, at- PRAYER join me in welcoming him today. We tending concerts, and practicing ballet. Reverend Marvin Jacobo, City Min- thank him for offering this afternoon’s Leslie’s top priority was always her istry Network, Modesto, California, of- prayer in the United States House of family. The love and support they pro- fered the following prayer: Representatives. vided her was the most important Master, I give thanks for our United f thing in her life. She is survived by her States of America. I am grateful for husband, Chuck, and their children, every man and woman holding govern- ANNOUNCEMENT BY THE SPEAKER Kay and Kurt. mental positions of authority. Make The SPEAKER. The Chair will enter- As this is National Ovarian Cancer Your truth known to them. Cause them tain up to 15 further requests for 1- Awareness Month, I ask that her mem- to be men and women of integrity, con- minute speeches on each side of the ory not be forgotten and that we appro- cerned first and foremost with the aisle. priately fund the critical research nec- essary. common good. Grant them the deepest f of insight to solve our most daunting f challenges. SUPPORT THE LIVE LIKE BELLA ANNUAL AUGUST BUS TOUR I pray that each Member would exer- CHILDHOOD FOUNDATION (Mr. WILSON of South Carolina cise the humility to discern how to (Ms. ROS-LEHTINEN asked and was best co-labor with those that might see asked and was given permission to ad- given permission to address the House dress the House for 1 minute and to re- issues differently than them. Make for 1 minute and to revise and extend their hearts and ears alert to good vise and extend his remarks.) her remarks.) Mr. WILSON of South Carolina. Mr. counsel. Honor each one, Master, for Ms. ROS-LEHTINEN. Mr. Speaker, as the investment they make partici- Speaker, each August, I look forward we observe Childhood Cancer Aware- to an annual district bus tour, where I pating in this, our representative gov- ness Month and shed light on the types ernment. I pray a blessing over their travel across all five counties of the of cancer that afflict approximately Second Congressional District. During families, acknowledging that they, too, 16,000 children every year, I would like sacrifice for the sake of our country. this time, I meet with constituents and to recognize the work of the Live Like hear their opinions about issues impor- May our national proceedings be held Bella Childhood Cancer Foundation. in a spirit of mutual respect and civil- tant to the families in South Carolina, Inspired by Bella Rodriguez-Torres— along with my wife, Roxanne, and dedi- ity. this sweet young girl—a young girl who I pray in the name of my Lord and cated staff. courageously fought cancer six times This year, I was grateful to visit Savior, Jesus Christ. before her death in 2013, this founda- Amen. nearly 20 businesses, schools, civic tion supports the fight against pedi- clubs, and chambers of commerce. At f atric cancer, while offering much-need- each location, I took the opportunity ed support for families. This wonderful THE JOURNAL to thank employees for their service organization, based in my home area of and thank employers for their work The SPEAKER. The Chair has exam- Miami, Florida, was established by creating jobs. I also took the oppor- ined the Journal of the last day’s pro- Bella’s parents, Shannah and Raymond tunity to present Speaker PAUL RYAN’s ceedings and announces to the House Rodriguez. positive policy agenda, ‘‘A Better his approval thereof. I encourage our south Florida com- Way,’’ that presents positive proposals Pursuant to clause 1, rule I, the Jour- munity to lend their support to these for some of the greatest challenges fac- nal stands approved. children and families who are battling ing our country. f cancer by attending Bella’s Ball. This When I was elected to Congress, I lively event, Mr. Speaker, will take pledged to be accessible and account- PLEDGE OF ALLEGIANCE place Saturday, September 10, at the able, and this bus tour is one of many The SPEAKER. Will the gentle- JW Marriott Marquis. ways that I fulfill this promise. While I woman from Florida (Ms. CASTOR) Together, we can raise awareness in regularly visit with families, schools, come forward and lead the House in the our community and finally end the and businesses in the Second District, I Pledge of Allegiance. number one disease killer of children especially appreciate the nonstop tra- Ms. CASTOR of Florida led the today: pediatric cancer. dition of visiting with the community I Pledge of Allegiance as follows: f am humbled and inspired to represent. I pledge allegiance to the Flag of the In conclusion, God bless our troops, HONORING THE LIFE OF LESLIE United States of America, and to the Repub- and may the President, by his actions, WITT REICHENBACH lic for which it stands, one nation under God, never forget September the 11th in the indivisible, with liberty and justice for all. (Mr. QUIGLEY asked and was given global war on terrorism. f permission to address the House for 1 f minute and to revise and extend his re- WELCOMING REVEREND MARVIN marks.) FUND ZIKA RESEARCH NOW JACOBO Mr. QUIGLEY. Mr. Speaker, I rise (Ms. CASTOR of Florida asked and The SPEAKER. Without objection, today to honor the life of Leslie Witt was given permission to address the the gentleman from California (Mr. Reichenbach, an important and re- House for 1 minute and to revise and DENHAM) is recognized for 1 minute. spected member of the Chicago com- extend her remarks.) There was no objection. munity. For nearly 40 years, she woke Ms. CASTOR of Florida. Mr. Speaker, Mr. DENHAM. Mr. Speaker, it is my up generations of Chicago’s WXRT lis- 17 babies in the United States have honor today to introduce to the House teners on weekend mornings. been born with birth defects tied to the our guest chaplain, Reverend Marvin Leslie, often called ‘‘the overnight Zika virus. Currently, over 80 pregnant Jacobo. Reverend Jacobo is the execu- angel,’’ was known for her kind smile women in my home State of Florida tive director of City Ministry Network, and her ability to connect with others. and over 1,600 women in the United an incredible organization that is the She embodied the heart of our city States have the Zika virus. catalyst for transformation in the city with her enthusiasm for radio and her I urge the Speaker and my GOP col- of Modesto, California. strong dedication to her WXRT lis- leagues who control the agenda here in

VerDate Sep 11 2014 00:59 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.013 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5108 CONGRESSIONAL RECORD — HOUSE September 7, 2016 the House to act immediately and our own military leadership. He has They can’t wait for solutions. I urge bring an emergency Zika package to openly advocated torture, in contradic- my colleagues on both sides of the aisle the floor of this House. They can do it tion to what our generals suggest. to come together to support a thriving, quickly. They can do it today. They When presented with a Purple Heart modern 21st century heartland. can do it this week. But, unfortu- by a wounded veteran, he responded by f nately, there is no plan to do so. This saying: ‘‘I always wanted to get the is unconscionable. Purple Heart. This was much easier.’’ b 1215 My neighbors back home and all Our military represents the absolute SUICIDE PREVENTION MONTH across the country need the tools to best of our country. In July, when we (Mr. MURPHY of Pennsylvania asked prevent this public health crisis from met the Khans, he ridiculed them. We and was given permission to address growing. The Centers for Disease Con- need a Commander in Chief that com- the House for 1 minute and to revise trol and the National Institutes of mands the respect of the American peo- and extend his remarks.) Health need the tools to prevent this ple. Mr. MURPHY of Pennsylvania. Mr. public health crisis. To do otherwise f Speaker, as September is National Sui- would be unconscionable. We need ac- ASTRONAUT JEFF WILLIAMS cide Prevention Month, I am proud to tion now. join my colleague, EARL BLUMENAUER f (Mr. SHIMKUS asked and was given permission to address the House for 1 of Oregon, in introducing a resolution TRIBUTE TO CORPORAL WILLIAM minute and to revise and extend his re- to address this silent epidemic which ‘‘BILL’’ COOPER marks.) took the lives of near 43,000 Americans (Mr. WOMACK asked and was given Mr. SHIMKUS. Mr. Speaker, I want last year. permission to address the House for 1 to welcome home Jeff Williams and the Last month, the CDC reported the minute.) crew of Expedition 48, which landed suicide rate has increased across nearly Mr. WOMACK. Mr. Speaker, it is safely last night in Kazakhstan. all age groups. And over the past dec- with a heavy heart that I rise today to Jeff is a Wisconsin native and a West ade, while mortality rates decreased honor the memory of Corporal William Point classmate of mine from the class for homicide, AIDS, heart disease, ‘‘Bill’’ Cooper, a dedicated law enforce- of 1980. In fact, when he landed, he put stroke, auto accidents, and cancer, the ment officer in Arkansas. a hat on that had our class crest and overall suicide rate increased again for Bill, a veteran of the U.S. Marine motto. the 11th time in 14 years. Corps, served the Sebastian County He holds the U.S. record for the most Last July, the House passed H.R. Sheriff’s Office since 2001, in addition cumulative days in space by a United 2646, the Helping Families in Mental to 5 years with the Fort Smith Police States astronaut. He has completed Health Crisis Act, by a near-unanimous Department. five space walks, including two on this vote of 422–2. This month alone, 826 On August 10, Mr. Speaker, while re- last mission. Americans have died by suicide, and sponding to a domestic disturbance Jeff is a member of Gloria Dei Lu- about 7,434 have died since we passed near Greenwood, Arkansas, Corporal theran Church in Houston. He is also a this bill. Cooper was shot and killed in the line noted and published photographer. He We fervently hope the Senate does of duty. His is a great loss to Arkansas says: ‘‘It’s a very humbling experience not delay in passing this bill. Lives law enforcement and a reminder of the to view the Earth’’—and everything it hang in the balance. Every 12 minutes bravery of our men and women in blue represents—‘‘and to begin to imagine a person dies of suicide. Every 13 min- who put their lives on the line every the creative power of our God.’’ utes a family mourns a lost life who day to keep our citizens safe. I would like to end with Psalm 19:1: will never go home again. The Senate Sebastian County and the entire ‘‘The heavens declare the glory of God; needs to pass this bill before they go Third District of Arkansas mourns the the skies proclaim the work of his home again themselves. loss of Corporal Cooper. My prayers are hands.’’ Where there is help, there is hope. with his wife, Ruth, his son, Scott, his Welcome home, Jeff. Have NASA up- f sister, Ginger Cox, his three grand- date the photo in your biography, MAKE THE INVESTMENT OUR children, and Corporal Cooper’s fellow which is about 20 years old. ECONOMY NEEDS law enforcement officers. May God f bless those he leaves behind as they (Mr. HIGGINS asked and was given 21ST CENTURY HEARTLAND TOUR search for peace and understanding permission to address the House for 1 through this terrible tragedy. (Mrs. BUSTOS asked and was given minute.) f permission to address the House for 1 Mr. HIGGINS. Mr. Speaker, the fi- minute.) nancial research firm of Standard & DUTIES OF A COMMANDER IN Mrs. BUSTOS. Mr. Speaker, during Poor’s reports that for every $1.3 bil- CHIEF the past month, I have been to every lion invested in our infrastructure, (Mr. KILDEE asked and was given corner of my congressional district as 30,000 American jobs are created; it permission to address the House for 1 part of a 21st Century Heartland Tour. adds $2 billion in economic growth; and minute.) I have spoken with the hardworking reduces deficit by more than $200 mil- Mr. KILDEE. Mr. Speaker, I think we men and women who truly make the lion. all know that now more than ever it is Heartland the greatest place in Amer- Economists at the Council on For- critical that our next Commander in ica to live, work, and raise a family. eign Relations explained that ‘‘the Chief is ready to walk into the Oval Of- But our region faces serious chal- compelling case is that a dollar in on a fice and be ready to lead on day one. lenges, and these challenges need to be macro basis in our economy results in Keeping Americans safe is the Presi- addressed by Congress. That is why I more than a dollar out;’’ which is to dent’s most solemn duty. That is why held a roundtable in Monmouth, Illi- say, Mr. Speaker, that to shortchange Americans need a strong and smart na- nois, to discuss rural broadband. In infrastructure is to reject and under- tional security plan led by a Com- rural America, just over half of our mine economic growth in this country. mander in Chief with experience, the families have access to high-speed Policies that create growth and re- highest respect for our troops, and with Internet, as opposed to 90 percent in duce the deficit should be embraced by a level head. the more urban areas. everybody, including conservatives. In- However, the Republican nominee for That is why I was in Stronghurst, Il- deed, it was the Republican President President has repeatedly proven he linois, to talk about rural health care. Eisenhower who initiated the National lacks the qualities it takes to lead our Although one in four Americans live in Highway System, and the Chamber of Nation and our Armed Forces. He has rural America, we only have a tenth of Commerce is a leading voice in calling insulted veterans and Gold Star fami- the Nation’s practicing physicians. for infrastructure spending today. lies while claiming he knows more These are just a couple of the issues I urge this body to embrace sound ec- about how to protect this Nation than facing our families in rural America. onomics and the tradition of bipartisan

VerDate Sep 11 2014 00:59 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.015 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5109 support for infrastructure spending, I sincerely hope we can return to years away, single parents and vet- and make the investment that our Na- work with a renewed sense of responsi- erans, and students with limited tion needs to nation-build, not in Af- bility for health and welfare of our Na- means. These students frequently re- ghanistan, not in Iraq, but right here tion and approve the funds necessary ceive financial aid, and the school’s at home in America. to prevent Zika spreading in the coun- recklessness can do irreparable damage f try. We need our communities safe. to their ability to complete their de- Pass a clean Zika funding bill. grees, and ruin their credit ratings. HONORING THE LIFE AND SERVICE f Over a quarter of all Department of OF DEPUTY CORPORAL BILL Education student aid funds, a third of COOPER COMMEMORATING THE LIFE OF all post-9/11 GI benefits, and half of (Mr. WESTERMAN asked and was POLICE CHIEF JACK STORNE DOD tuition assistance funds go to for- given permission to address the House (Mr. LAMALFA asked and was given profit colleges. for 1 minute and to revise and extend permission to address the House for 1 Shouldn’t we make sure these Fed- his remarks.) minute and to revise and extend his re- eral funds are a worthwhile invest- Mr. WESTERMAN. Mr. Speaker, in marks.) ment? recent months, our Nation’s police Mr. LAMALFA. Mr. Speaker, I rise We must remember that beyond the have come under attack. Last month, today to commemorate the life of Po- dollar amounts and industry regula- the violence against our police hit lice Chief Jack Storne, of Gridley, Cali- tions, there are students’ lives at risk, home as Sebastian County, Arkansas, fornia, who passed away on August 27. and doing right by them protects their Sheriff’s Deputy Corporal Bill Cooper Serving others is part of what was interests and our competitiveness in was shot and killed responding to a call hardwired into Jack’s existence. From our global economy. for help on August 10. being in the Marine Corps from 1963 to f In the days and weeks since his un- 1965, many, many years in law enforce- timely death, thousands of Sebastian ment, and in his church, and also in RECOGNIZING NIC DIDIA, THE County residents paid their respects to dedication to his recently passed wife ‘‘PATROLMAN OF FRANKLIN Corporal Cooper by remembering his of 47 years, Wilma, his commitment to STREET’’ dedication to God, his family, the sher- protecting and caring and serving for (Mr. BUCSHON asked and was given iff’s department, and the country he others, for his community, sets a gold permission to address the House for 1 loved. star standard for public service. minute and to revise and extend his re- I don’t pretend that my words will In his 37 years in the police force, marks.) fill the void left by his death, but I Jack worked his way up from reserve Mr. BUCSHON. Mr. Speaker, I rise hope my words can properly honor a officer in Modesto, California, to a pa- today to recognize a source of inspira- man who paid the ultimate price up- trolman, to the beloved police chief of tion for a community in the Eighth holding the oath he swore to defend. I Gridley and Biggs, where he was widely District of Indiana. thank him for his service, and I thank respected for his community-focused Known as the patrolman of Franklin his family for sharing him with the approach in protecting residents and Street on the west side of Evansville, community. enforcing law. Nic Didia, an 18-year-old with muscular Psalm 34:18 says: ‘‘The Lord is close He implemented many important dystrophy, is often seen patrolling the to the brokenhearted; He rescues those new ideas and programs in his depart- area in front of his mother’s stores. Nic whose spirits are crushed.’’ ment, such as the Retired Senior Vol- has always wanted to be a police officer May God bless and comfort Deputy unteer Program, the Gang-Resistance and has become known for his support Cooper’s family and friends during this Education and Training platform, Po- of local law enforcement and first re- time of grief. lice Explorers program, the D.A.R.E. sponders. f Officer program, the K–9 program, and His dream recently became a reality the unit’s first-ever detective position. as he was welcomed on to the Evans- FUNDING TO COMBAT THE ZIKA Following his retirement, Chief ville Police Department as an honorary VIRUS Storne continued to dedicate his time officer during a ceremony with family, (Mr. GENE GREEN of Texas asked as a chaplain to the Gridley Police De- friends, and other members of the com- and was given permission to address partment, as well as a minister at the munity. He now proudly wears badge the House for 1 minute and to revise Live Oak Church of the Brethren, number 980. and extend his remarks.) where he was recently ordained. Congratulations, Nic. Your dedica- Mr. GENE GREEN of Texas. Mr. Chief Jack Storne wasn’t so much in- tion and service to your community Speaker, I rise today to express my dis- terested in being known as a great serve as an example to us all. appointment that Congress left in mid- man, but as a good man; and there is a f July without adequately funding the distinction there. Indeed, I think he TAKE ACTION ON THE ZIKA CRISIS Zika crisis. would be most proud to have said about The number of confirmed Zika cases him: well done, good and faithful serv- (Ms. MCCOLLUM asked and was across the United States and terri- ant. given permission to address the House tories quadrupled while Congress was Our thoughts go out to his family, for 1 minute and to revise and extend on recess. The number of cases rose his children and his grandchildren. her remarks.) from 4,222 in mid-July to 16,822 last May they take comfort in knowing the Ms. MCCOLLUM. Mr. Speaker, I rise week. Zika poses a grave, unprece- profound impact their father and today to demand the House take action dented threat to public health. grandfather had on an entire commu- on the Zika crisis. The Zika virus is It is time for Congress to fulfill its nity, and the legacy he left. being transmitted by mosquitoes right constitutional and moral duty to pro- f inside the United States now. Parts of tect the health and welfare of our Miami are under Zika-related travel country. It is an appalling disservice to FOR-PROFIT COLLEGES warnings. The total number of Amer- the American people that we have not (Mrs. DAVIS of California asked and ican cases has climbed to almost 17,000, yet provided resources to combat this was given permission to address the including 1,600 expecting mothers. virus that already is having real effects House for 1 minute.) Six months ago, the public health ex- on our families. Mrs. DAVIS of California. Mr. Speak- perts told us what they needed to ad- We have delayed funds for medical er, ITT Tech, like other for-profit col- dress Zika. House Republicans have ig- research and help to our local commu- leges before it, has misled students and nored those experts’ pleas. Now the nities. The majority’s reluctance is mismanaged funds. Centers for Disease Control and State putting the health and lives of the Mr. Speaker, for-profit schools are public health agencies are running out American people at risk, and inaction often where our most vulnerable stu- of money for Zika response. now is only more costly in the long dents seek brighter futures, students The CDC Director tells us that the run. going back to their education after money to fight this disease will be gone

VerDate Sep 11 2014 01:51 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.016 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5110 CONGRESSIONAL RECORD — HOUSE September 7, 2016 by the end of September. The NIH Di- have already been reported, and at These are the people who helped end rector has warned that congressional least 1,600 pregnant women have been the Ebola crisis. They come to Con- inaction is cannibalizing resources for infected, putting their babies at risk gress and they say: We need these re- other public health needs. for microcephaly and other devastating sources. Families in States like Florida, Lou- birth defects. Every week we fail to The call has been made, but it has isiana, and Texas are in danger. They act, more children and families will not been answered because some in this cannot wait any longer for this Con- suffer the consequences. House think that, yes, your concerns gress to act. Let’s heed the call of public health are real, but we have to continue the The House must give our public experts to launch an aggressive cam- fight about Planned Parenthood. Yes, health experts the resources that they paign against the Zika virus and pass a my pregnant friend, your concerns are need to help keep the American people funding bill immediately. real, but we have unfinished business safe. f about the Confederate flag. What must they think? f CONGRATULATING OLYMPIC GOLD Mr. Speaker, the call has been issued. CELEBRATING THE LIFE OF MAS- MEDALIST RYAN HELD This is a national emergency. We need TER PATROL OFFICER FRED AR- (Mr. LAHOOD asked and was given to act not tomorrow, not next week, NOLD III permission to address the House for 1 but today to help these people with the (Mr. JOLLY asked and was given per- minute and to revise and extend his re- Zika virus. mission to address the House for 1 marks.) f minute and to revise and extend his re- Mr. LAHOOD. Mr. Speaker, I rise marks.) today to congratulate Springfield, Illi- b 1230 Mr. JOLLY. Mr. Speaker, I rise today nois, native Ryan Held on his Olympic I’M BACK to celebrate the life and honor the gold medal for swimming at the 2016 memory of Tampa Police Master Pa- Olympic Games in Rio de Janeiro. (Mr. POE of Texas asked and was trol Officer Fred Arnold III. Fred The 2016 Rio Games were Ryan Held’s given permission to address the House passed away last month while scuba first Olympics, and he represented the for 1 minute and to revise and extend diving in Nevada. He was 48 years old. United States in the 4 × 100 meter free- his remarks.) For nearly three decades, Officer Ar- style relay, along with Nathan Adrian, Mr. POE of Texas. Mr. Speaker, dur- nold served and protected the residents Caeleb Dressel, and Michael Phelps. ing the week of July Fourth celebra- of Tampa, Florida. When he was just 23 Ryan took over for Phelps for the third tions of our Nation’s independence, I years old, while off-duty, he jumped leg of the freestyle relay. Ryan’s fast was diagnosed with leukemia. After en- through a window into a burning house split time of 47.73 seconds maintained tering the best cancer center in the to save a mother and her two young the lead for the U.S. and helped the world, MD Anderson Hospital in Hous- children, ages 4 months and 4 years old. team swim to gold. ton, Texas, my hometown, in just 8 All three were unconscious when Ar- I know I speak for everyone in weeks, incredible progress has been nold pulled them out. For his heroism, Springfield when I say that we are very made. he was given an award for valor. proud of Ryan Held. He represented his Thanks to the good Lord, the doc- Over the years, Officer Arnold also community, his State, and his country tors, and staff at MD Anderson, I am helped mentor hundreds of teens with the strength, speed, humility, and able to be back in Washington, D.C., through the community’s Police Ex- dignity befitting an Olympic cham- and on the House floor. I will be here as plorers program. Those he helped de- pion. much as my treatment will allow. scribed Arnold as a father figure, some- This past Friday, our hometown Importantly, I want to thank the one who was easygoing, always ap- Olympian was warmly celebrated by Members and people from all over the proachable, and had a laugh that was the city of Springfield at Sacred Heart- country for their outpouring of encour- so infectious, it would brighten your Griffin, his alma mater, where hun- agement and prayers. It has been re- day. dreds from the community came out to markably overwhelming and humbling As Tampa’s mayor said: ‘‘Arnold’s congratulate him. to me. The caring concern of Members, service to the city was unparalleled, Illinois Governor Bruce Rauner de- their staffs, and my staff have shown and he leaves behind a lasting legacy.’’ clared September 2, 2016, as Ryan Held proves, once again, that there are a lot Mr. Speaker, Fred Arnold III was a Day during a ceremony at Sacred of good people who work for the United well-known and well-respected man Heart-Griffin High School. I hope this States House of Representatives. who served his community with dis- day serves as a reminder to Ryan of This September during Leukemia tinction, made a lasting impact, and our support and pride in him as he pre- Awareness Month, I intend to keep will be sorely missed by the lives he pares for the rest of what will undoubt- fighting this cancer with all that I touched. edly be a decorated swimming career. have while fighting for Texans in this House. I intend to be independent and May God bless Officer Fred Arnold f III, his family, his friends, and his free from this cancer. Christopher FUNDING FOR RESPONSE TO THE Tampa Police Department colleagues. Reeve once said: ‘‘Once you choose ZIKA CRISIS f hope, anything’s possible.’’ (Mr. HIMES asked and was given per- Mr. Speaker, I choose hope. EMERGENCY FUNDS TO COMBAT mission to address the House for 1 And that is just the way it is. ZIKA VIRUS EPIDEMIC minute and to revise and extend his re- f (Mr. SCHIFF asked and was given marks.) permission to address the House for 1 Mr. HIMES. Mr. Speaker, I rise to GUN VIOLENCE minute.) ask, to beseech, really, that this House (Mr. HONDA asked and was given Mr. SCHIFF. Mr. Speaker, I rise take immediate action to fully fund permission to address the House for 1 today to urge the Republican majority our country’s response to the spreading minute.) to act immediately on the administra- horror of Zika. Mr. HONDA. Mr. Speaker, this week tion’s request for emergency funds to Mr. Speaker, there are now thou- we return after an epic recess of House combat the Zika virus epidemic. sands of confirmed cases of Zika in the Republican inaction on stemming gun It is shameful that we have waited 7 United States. Hundreds of these cases violence, and yet gun violence does not months to act while the threat from are pregnant women. recess. Between Memorial Day and this Zika grows more and more apparent. Can you imagine the terror they ex- past weekend, 4,100 Americans died This majority is failing the most basic perience wondering whether their child from gun-related activities, and nearly function of government, to protect its will be born with horrible disabilities? 8,700 were wounded. people. What must they think as they see Mr. Speaker, this week we return to In the United States and territories, our public health experts coming to the American people’s ever-growing as many as 14,000 locally acquired cases Congress? impatience for Congress to finally take

VerDate Sep 11 2014 01:51 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.017 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5111 measures that will reduce gun violence kindness, and strong dedication to REMEMBERING THOSE WHO LOST and save lives. bettering our community and our THEIR LIVES ON SEPTEMBER 11, Keeping guns out of the hands of sus- country. On behalf of CAPAC, I thank 2001 pected terrorists and criminals—what Mark for his lifetime of leadership and (Mr. YODER asked and was given can be more common sense about that? service. permission to address the House for 1 The vast majority of Americans cer- Mahalo, Mark. minute and to revise and extend his re- tainly believe such policies are com- marks.) mon sense. f Give us a vote, Mr. Speaker. Give Mr. YODER. Mr. Speaker, I rise Americans a vote. today in remembrance of those who AMERICANS BELIEVE THE MEDIA lost their lives on September 11, 2001. f IS BIASED This Sunday marks the 15th anniver- A BETTER WAY TO FIGHT (Mr. SMITH of Texas asked and was sary of that horrific day when nearly POVERTY given permission to address the House 3,000 innocent people were killed. It (Mrs. WALORSKI asked and was for 1 minute and to revise and extend was a despicable act of terrorism and given permission to address the House his remarks.) one that we will never, ever forget. for 1 minute and to revise and extend Mr. SMITH of Texas. Mr. Speaker, a Mother, fathers, sisters, brothers, her remarks.) recent poll by Morning Consult found sons, and daughters who all went to Mrs. WALORSKI. Mr. Speaker, I rise that only 27 percent of Americans be- work that Tuesday had their lives cut today to applaud the important work lieve the media is fair and unbiased. short by terrorists who attacked us being done in Indiana’s Second Con- Americans know that the media is not merely because we believe in the prin- gressional District to fight poverty and impartial and that objectivity is not a ciples of freedom, justice, and liberty end hunger. This August I visited the priority when reporting on current for all. Food Bank of Northern Indiana, which events. Some of those who perished were the serves six counties and church commu- For example, the media has routinely brave first responders who ran into the nity services in Elkhart. Both have ignored former Secretary of State Hil- burning buildings as others ran out. been doing incredible work fighting lary Clinton’s wrongful use of a private Their heroism showed the world Amer- poverty for decades. server, her improperly handling classi- ica’s true colors—something that no I also toured the Washington Dis- fied emails, and her using the Clinton attack can ever take away. covery Academy in Plymouth, where Foundation as a way for donors to re- President Bush said that evening in they have a garden to teach kids about ceive access to both Clinton and the his address to the Nation: ‘‘Terrorist nutrition and grow produce for a local State Department. attacks can shake the foundations of food pantry, and the Marshall County our biggest buildings, but they cannot The Associated Press recently re- Neighborhood Center, whose food pan- touch the foundation of America. ported that at least 85 of 154 donors to try serves 400 families each month. These acts shatter steel, but they can- the Clinton Foundation were granted a Mr. Speaker, hearing from those on not dent the steel of America’s re- meeting with then-Secretary of State the front lines of the fight against pov- solve.’’ Clinton. The New York Times did not erty is the best way to learn what Mr. Speaker, those words still ring find this newsworthy. works and what doesn’t. That idea is true as we thank those first responders The national media should give the central to our House Republicans’ A and mourn for all those who were lost American people the facts, not slant Better Way agenda. Too many people that fateful day. are getting trapped in a cycle of pov- the news or just give them one side. f erty. That is why A Better Way calls for innovative and evidence-based solu- f FLINT FUNDING tions. (Mr. ELLISON asked and was given ZIKA VIRUS By listening to people in our commu- permission to address the House for 1 nities and testing new ideas, we can (Mr. CA´ RDENAS asked and was minute.) build a bridge out of poverty. given permission to address the House Mr. ELLISON. Mr. Speaker, it is our f for 1 minute and to revise and extend job here in Congress to support com- HONORING THE LATE his remarks.) munities in crisis. REPRESENTATIVE MARK TAKAI Mr. CA´ RDENAS. Mr. Speaker, in the It has been a year since we learned (Ms. JUDY CHU of California asked United States, the Zika virus is spread- about the lead-contaminated water in and was given permission to address ing faster and infecting more people Flint. It is way past time to act, Mr. the House for 1 minute and to revise every single day. We are staring down Speaker. and extend her remarks.) the barrel of a new Flint water crisis, We are here to call on our Republican Ms. JUDY CHU of California. Mr. yet we fail to act because we are argu- colleagues to do their job and to ad- Speaker, as chair of the Congressional ing over a price tag while Americans dress the urgent needs of the people of Asian Pacific American Caucus, or are truly paying the price every day. Flint. We have to consider funding a CAPAC, I rise today to honor our col- The March of Dimes estimates that the bill that will take care of the needs of league, the Honorable Mark Takai of cost of treating one child with the people in Flint. Hawaii, who passed away in July after microcephaly may be more than $10 This crisis happened when Governor a hard-fought battle with pancreatic million over that person’s lifetime. Snyder ripped democratic rights away cancer. Right now, according to the CDC, the from the people of Flint and tried to Mark was a true patriot, public serv- Centers for Disease Control, over 14,000 run the government like it was a busi- ant, and friend who truly had the aloha people have been infected with the ness. The State made decisions in the spirit. His strong commitment to im- Zika virus right here in the United name of fiscal responsibility, but when proving the lives of the people of Ha- States so far, and 20 babies have al- it comes to people’s health, the govern- waii and all Americans was integrally ready been born with birth defects. ment should not be run on the cheap woven into the fabric of his distin- Like Flint, the longer we wait, the with people’s health. guished military and public service ca- more this will cost the American pub- Funding from Congress can help reer. lic. Congress must act immediately. Flint replace corroded pipes, support In Congress, he led notable efforts to We must get ahead of this epidemic and health and education assistance for reunite Filipino World War II veterans slow the threat of the Zika virus across kids exposed to lead, and deliver eco- with their families and to assist atomic the United States. nomic development opportunities for war veterans suffering from radiation Whether you are White, Black, man, the community. exposure. woman, a doctor, or a child, the virus Earlier this year, I traveled to Flint It was a privilege to work with Mark, does not discriminate. No one is im- with Representative KILDEE and 25 and I will never forget his warmth, mune. other of my colleagues to hear directly

VerDate Sep 11 2014 00:59 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.019 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5112 CONGRESSIONAL RECORD — HOUSE September 7, 2016 from the people. Mr. Speaker, here are Rules, I call up House Resolution 843 The SPEAKER pro tempore. Is there a few of the things that they said: and ask for its immediate consider- objection to the request of the gen- One woman spoke about the loss of ation. tleman from Georgia? dignity she felt while waiting in line The Clerk read the resolution, as fol- There was no objection. just for water, and many others gave us lows: Mr. COLLINS of Georgia. Mr. Speak- important stories which I will put into H. RES. 843 er, I am pleased today to bring forward the RECORD at a later time. Resolved, That at any time after adoption this rule on behalf of the Rules Com- of this resolution the Speaker may, pursuant f mittee. The rule provides for consider- to clause 2(b) of rule XVIII, declare the ation of H.R. 5063, the Stop Settlement STORMONT HOUSE AGREEMENT House resolved into the Committee of the Slush Funds Act of 2016. Whole House on the state of the Union for The rule provides for 1 hour of debate (Mr. MCGOVERN asked and was consideration of the bill (H.R. 5063) to limit given permission to address the House donations made pursuant to settlement equally divided and controlled by the for 1 minute and to revise and extend agreements to which the United States is a chair and the ranking member of the his remarks.) party, and for other purposes. The first read- Judiciary Committee and also provides Mr. MCGOVERN. Mr. Speaker, last ing of the bill shall be dispensed with. All a motion to recommit. month the Tom Lantos Human Rights points of order against consideration of the Additionally, the rule makes in order Commission, which I co-chair, hosted a bill are waived. General debate shall be con- 7 of the 11 amendments submitted, rep- briefing by women from Belfast on the fined to the bill and shall not exceed one resenting ideas from Members on both hour equally divided and controlled by the aftermath of the Northern Ireland con- sides of the aisle. chair and ranking minority member of the Yesterday, the Rules Committee re- flict in which 3,500 people died, 90 per- Committee on the Judiciary. After general cent of them men. Women survived to debate the bill shall be considered for ceived testimony from the chairman of pick up the pieces. amendment under the five-minute rule. It the Judiciary Committee and the rank- The 1998 Good Friday agreement that shall be in order to consider as an original ing member of the Judiciary Sub- ended the war protected human rights bill for the purpose of amendment under the committee on Regulatory Reform, going forward but did not address the five-minute rule the amendment in the na- Commercial and Antitrust Law. Sub- past, so the needs of victims of human ture of a substitute recommended by the committee hearings were held on both Committee on the Judiciary now printed in rights violations committed by both H.R. 5063 and on the topic of the De- the bill. The committee amendment in the partment of Justice’s mortgage lending sides are still unmet. nature of a substitute shall be considered as Women in Northern Ireland who have read. All points of order against the com- settlements with major lending banks. supported survivors have now devel- mittee amendment in the nature of a sub- In May of this year, H.R. 5063 was oped gender principles for dealing with stitute are waived. No amendment to the marked up and reported by the Judici- the legacy of the past. The 2014 committee amendment in the nature of a ary Committee. The bill passed the Ju- Stormont House Agreement could help substitute shall be in order except those diciary Committee after the consider- victims and survivors access truth, jus- printed in the report of the Committee on ation of several amendments. The Stop Rules accompanying this resolution. Each tice, and reparations. Settlement Slush Funds Act went such amendment may be offered only in the through regular order and enjoyed Mr. Speaker, I urge all those con- order printed in the report, may be offered cerned with human rights, peace, and only by a Member designated in the report, thorough discussion at both the sub- security in Northern Ireland to encour- shall be considered as read, shall be debat- committee and full committee level. age the British and Irish Governments able for the time specified in the report H.R. 5063 is supported by the Insti- and the Northern Ireland Assembly to equally divided and controlled by the pro- tute for Legal Reform, Americans for fully implement the legacy parts of the ponent and an opponent, shall not be subject Limited Government, and Americans Stormont House Agreement incor- to amendment, and shall not be subject to a for Tax Reform because it increases ac- demand for division of the question in the porating the gender principles. countability for how settlement funds House or in the Committee of the Whole. All are spent and it helps to restore the f points of order against such amendments are balance of power between the branches COMMUNICATION FROM THE waived. At the conclusion of consideration of the bill for amendment the Committee shall of government. CLERK OF THE HOUSE rise and report the bill to the House with The Stop Settlement Slush Funds The SPEAKER pro tempore (Mr. such amendments as may have been adopted. Act was introduced after the nearly 20- WESTMORELAND) laid before the House Any Member may demand a separate vote in month investigation by the House Ju- the following communication from the the House on any amendment adopted in the diciary Committee found that the De- Clerk of the House of Representatives: Committee of the Whole to the bill or to the partment of Justice was systematically committee amendment in the nature of a OFFICE OF THE CLERK, circumventing Congress and directing substitute. The previous question shall be settlement money to activist groups. HOUSE OF REPRESENTATIVES, considered as ordered on the bill and amend- Washington, DC, September 7, 2016. ments thereto to final passage without inter- This bill will help address that prob- Hon. PAUL D. RYAN, vening motion except one motion to recom- lem. The Speaker, House of Representatives, mit with or without instructions. The power of the purse is one of Con- Washington, DC. gress’ greatest tools to rein in the ex- DEAR MR. SPEAKER: Pursuant to the per- b 1245 ecutive branch and exercise oversight. mission granted in Clause 2(h) of Rule II of The SPEAKER pro tempore. The gen- It is no surprise, then, that this admin- the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- tleman from Georgia is recognized for 1 istration would want to find a way sage from the Secretary of the Senate on hour. around that oversight and grow its au- September 7, 2016 at 9:41 a.m.: Mr. COLLINS of Georgia. Mr. Speak- thority. In fact, in the last 2 years Appointment: er, for the purpose of debate only, I alone, the Department of Justice has Evidence-Based Policymaking Commis- yield the customary 30 minutes to the funneled non-victim third-party groups sion. gentleman from Massachusetts (Mr. as much as $880 million. National Advisory Committee on Institu- MCGOVERN), pending which I yield my- The Department of Justice does this tional Quality and Integrity. self such time as I may consume. Dur- by collecting money from parties who United States Commission on Inter- ing consideration of this resolution, all national Religious Freedom. have broken the law and then use that With best wishes, I am time yielded is for the purpose of de- money to create a slush fund, rather Sincerely, bate only. than sending the money to the victims KAREN L. HAAS. GENERAL LEAVE of the illicit activity. The Department f Mr. COLLINS of Georgia. Mr. Speak- of Justice allows the ‘‘donations’’—if er, I ask unanimous consent that all that is what they are called—required PROVIDING FOR CONSIDERATION Members may have 5 legislative days under the settlements to count as a OF H.R. 5063, STOP SETTLEMENT to revise and extend their remarks and double credit against defendants’ pay- SLUSH FUNDS ACT OF 2016 include extraneous materials on House ment obligations. Interestingly, credit Mr. COLLINS of Georgia. Mr. Speak- Resolution 843, currently under consid- for direct relief to consumers is only er, by direction of the Committee on eration. counted as dollar for dollar, indicating

VerDate Sep 11 2014 00:59 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.020 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5113 the importance the Department of Jus- these ‘‘mandatory’’ donations were lob- (Mr. COLLINS), my friend, for yielding tice places on directing these funds to bying DOJ to get the money—not a me the customary 30 minutes. non-victim third-party groups. party to the case, not a party to the Mr. Speaker, this week, we return For example, the Department of Jus- victims, but wanting their cut of the from 7 weeks away from the Capitol, tice negotiated settlement agreements pie. the longest summer recess in modern to the tune of millions of dollars with In at least one case, the Department times, and House Republicans continue major banks for misleading investors of Justice restored funding to a pro- to delay action on the most pressing over mortgage-backed securities, well gram that Congress specifically cut. issues facing our country, instead fo- within what they are supposed to do. Congress cut funding in half for a cusing on issues that benefit special in- Then the Department of Justice said Housing and Urban Development pro- terests, and issues, quite frankly, that that banks, or other parties it has set- gram known as the Housing Counseling are going nowhere. tled with, could meet some of their set- Assistance Program. But after grant I had hoped that after we all spent tlement obligations by making dona- recipients of this program expressed some time with our constituents over tions to certain groups. The money their displeasure at the cuts, they re- the summer recess, the priorities of goes to these groups partially under ceived a helping hand from who else— this Republican leadership would the guise that those groups would pro- the Department of Justice. change to reflect what the American vide services to the aggrieved parties. The DOJ mortgage settlements en- people actually care about, but they In reality, this practice directs funds sured that, despite congressional ac- haven’t. During our 252 days in ses- away from victims and allows the De- tion to the contrary, eliminating fund- sion—which, by the way, includes 42 partment of Justice to steer money to ing for these groups would be restored. pro forma days where no legislative non-victim third-party groups, usually DOJ didn’t just stop at circumventing business was accomplished—we have administration friendly, politically Congress’ funding authority in that voted on countless bills to repeal the motivated organizations. case; instead, they directly violated Affordable Care Act, undermine finan- Additionally, the parties that receive the congressional intent. Again, a con- cial protections put in place by Dodd- these funds, these non-victim third- gressional oversight overstep misused Frank, and weaken environmental pro- party organizations, aren’t a part of because the agency decided it knew tections. We are back on the floor this the case, they don’t represent the vic- better than the elected representatives week to deregulate Wall Street, take tims, and aren’t subject to congres- of the people. away critical investor protections, and sional oversight for the funds they re- It is time to reassert congressional make it easier for those who break the ceive. Even if most of these groups authority over this process so that law to get away without paying a fi- weren’t activist groups, this would be a hardworking folks are protected from nancial price. concerning scenario. more executive overreach and the sepa- Today’s rule provides for the consid- The donations to third-party groups ration of powers is restored. At a Judi- eration of a bill that eliminates public allow the Department of Justice to ciary hearing in May on this bill, Her- interest protections, creates needless funnel money to friendly parties out- itage Foundation scholar Paul Larkin litigation and delay, and imposes dra- side of the appropriations process and testified that ‘‘Congress identifies pre- conian penalties on Federal officials. It outside congressional approval. Many cisely who may receive Federal funds.’’ is a misinformed response to a non- of these third-party groups are unques- That is what we do. I agree with him, existent problem, and just one more tionably political and certainly but the Department of Justice’s settle- corporate giveaway by this Republican wouldn’t be considered nonpartisan by ment process in recent years undercuts Congress. And, again, remember, it is mutual observers. In fact, the mort- that critical function of the separation going nowhere. gage settlement cases, groups like the of powers. That is why we have to act This isn’t leadership, Mr. Speaker. It National Council of La Raza received and why the underlying bill is so im- is like a recurring nightmare. While more than $1 million in Department of portant. spending time on efforts that are noth- Housing and Urban Development The Stop Settlement Slush Funds ing more than sound bites from my grants under the settlements. Act prohibits settlement terms that re- friends on the other side of the aisle to I don’t know about you, but I think quire donations to non-victim third use on the campaign trail, this Repub- that when DOJ requires a settlement, parties. Importantly, the bill clarifies lican Congress has repeatedly ignored the funds should go back to the victims that payments that provide restitution the calls of our constituents to act on involved in the case, including victims for harm caused are not donations. issues they care about—issues that im- back home in northeast Georgia. And if Additionally, H.R. 5063 restores the pact our communities, our neighbor- the victims cannot be found or if the separation of powers by establishing hoods, and our families. problem cannot be directly rectified, that settlement funds remaining after House Republicans continue to ob- then the settlement funds should go on victims have been compensated are struct meaningful action on the great- to the Treasury so that Congress can overseen by Congress. Rather than di- est public health crisis impacting our appropriately decide how to use them. recting money outside the appropria- country. Almost 17,000 Americans, in- I don’t think it is acceptable to tions process, the bill returns the funds cluding nearly 1,600 pregnant women, shortchange victims to benefit special to the Treasury to remediate damages are currently suffering from the Zika interests and politically friendly third- after victims have been taken care of. virus. This month, the Centers for Dis- party organizations, but that is exactly I urge everyone here today to think ease Control and Prevention will run what the administration has been about their constituents who one day out of resources to fight Zika. In the doing. The administration is trying to may be victims looking for restitution. words of Dr. Thomas Frieden of the usurp the power of the purse through I want to go home and tell those hard- CDC, ‘‘We need Congress to act.’’ these settlement slush funds and has working Georgians that I represent For 7 months, President Obama and only gotten more confident that they that I am making sure they are put Democrats in Congress have urged the can get away with it. first, not special interests. I hope that Republican leadership to take up and Maybe even more troubling, despite others will share that feeling by sup- pass the administration’s emergency repeated requests for more informa- porting the rule and the underlying supplemental request. But instead of tion, the Department of Justice is re- bill. considering a bipartisan Zika funding fusing to provide it. What little infor- Mr. Speaker, I reserve the balance of bill, the Republican leadership in this mation has been provided indicates my time. House has, once again, caved to the that groups that stood to gain from the Mr. MCGOVERN. Mr. Speaker, I yield most extreme faction of their con- mandatory donations actually lobbied myself such time as I may consume. ference to produce an inadequate, par- DOJ to include them in settlements. (Mr. MCGOVERN asked and was tisan bill loaded with poison pill off- Mr. Speaker, listen to what that given permission to revise and extend sets. says. Actually, one of the things that his remarks.) This is an emergency. We should we have gained from this is the fact Mr. MCGOVERN. Mr. Speaker, I want treat it as such. But Republicans have that the groups that stood to gain from to thank the gentleman from Georgia spent months making excuses about

VerDate Sep 11 2014 00:59 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.023 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5114 CONGRESSIONAL RECORD — HOUSE September 7, 2016 why we don’t need to provide the full in the Cannon House Office Building. over the 14 people who were killed in funding that our Nation’s public health Congress has spared no expense in ad- San Bernardino or over the 9 people experts say we need. We have had pub- dressing that issue, yet has failed to who were killed in a church in Charles- lic health expert after public health ex- give the Families of Flint Act a single ton, South Carolina? Is there any out- pert tell us that we need to act, and yet vote or hearing even in this Chamber. rage over that? Where is the outrage my Republican friends think they b 1300 over the 27, mostly children, who were know better. They have brought to the killed in Newtown, Connecticut, or floor legislation to undermine the This Republican Congress has failed over the 12 people who were killed in a Clean Water Act under the guise of Flint by refusing to adequately fund movie theater in Aurora, Colorado, or containing the Zika virus. They have our water infrastructure for years, and the outrage over the 6 people who were even insisted on poison pill riders that we are failing them again by not pass- killed in Tucson, Arizona, where our continue the Republican assault on ing this commonsense legislation. former colleague, Gabby Giffords, was women’s access to comprehensive While we have delayed action on a re- shot, or over the 32 people who were health care, instead of bringing legisla- sponse to the Zika virus and to the cri- killed at Virginia Tech? tion that is focused solely on pro- sis in Flint, Michigan, House Repub- Since my Republican friends have tecting American families from the licans have also refused to act on bi- been in recess, over 4,000 Americans terrible impacts of Zika. partisan, commonsense legislation to have been shot and killed in gun vio- House Republicans have blocked the keep guns out of the hands of suspected lence in this country—over 4,000. Where full emergency resources needed to terrorists and criminals. In fact, House is the outrage? The only outrage that combat the Zika virus seven times, and Republicans have voted 24 times to my Republican friends seem to have is left town for a 53-day recess without block the no-fly, no-buy measure, over the fact that Democrats have had committing a dime to address this which polls indicate is supported by 74 the audacity to raise this question growing public health crisis. It is percent of our constituents. They have about maybe we should do something, shameful. blocked debate on legislation to expand maybe we can do something to protect In addition to shirking our respon- and strengthen background checks. our constituents. sibilities on the Zika virus, this Repub- If you go to a licensed gun dealer, I say to my colleagues: We don’t need lican leadership has prevented action you have to go through a background a slap on the wrist from the Republican on other public health emergencies check, but if you go to a gun show or leadership here. We need to reform our like the opiate crisis and the terrible if you buy a gun online, you don’t have laws to ensure that guns are kept out tragedy in Flint, Michigan, and the to go through a background check. of the wrong hands. epidemic of gun violence plaguing our What sense does that make? Who could Over 32,000 people in America die communities. be against that? Yet they have voted from gun violence each year—about 89 Congress passed a bill to address the time and time again to deny us the people per day. If this isn’t a public opiate crisis and it was an important right to bring that to the floor. They health emergency, Mr. Speaker, I don’t step, but we must do more. We need to have voted five times against lifting know what is. pass a strong piece of legislation that the 19-year-long ban on Federal re- But you come back, and this is what actually funds our fight against the search on gun violence. What is the Re- we are going to be debating on the opiate crisis and gives State and local publican Congress so afraid of? House floor? Oh, my God. This is it? I partners the resources they need to We came back yesterday. I was look- mean the outrage, quite frankly, from help so many of our communities that ing through the press and was trying to the American people against the lead- have been hit hard by this epidemic. figure out if, maybe, the Republican ership of this House is over the fact Passing a bill that has all these nice leadership in this House would actually that the Republican leaders have statements in it and nice goals and not do something about gun violence in turned this place into a Congress in funding it, well, that is just a press re- order to protect the American people which trivial issues are debated pas- lease, and that is about the extent of and to make sure that people who have sionately and important ones not at what this Congress has done to deal a history of violent crime don’t have all. Enough. Let’s do the people’s busi- with this terrible opiate crisis. access to guns or that people who are ness. We are not doing it today, and I For 2 years, 100,000 people in Flint, dangerously, mentally ill don’t have hope that my colleagues will recon- Michigan, could not access safe water access to guns. I thought, maybe, some sider their agenda for the time we are from their own faucets—100,000 people. of their constituents would kind of back here and will actually do some- For 2 years, hardworking Americans knock some common sense into their thing meaningful. were denied the fundamental right of heads while they were on recess. I reserve the balance of my time. access to potable water. We are not But we come back, and what do we Mr. COLLINS of Georgia. Mr. Speak- talking about some tiny country half- read? What is the Republican leader- er, I yield myself such time as I may way around the world. This has been ship’s response to all of this? consume. happening right here in the United They want to bring a resolution to Let me just clarify, Mr. Speaker, why States of America. the floor to punish Democrats for hav- we are here. This is a rule for H.R. 5063, The Families of Flint Act, led by my ing the audacity to raise our voices in the Stop Settlement Slush Funds Act. friend and colleague, Congressman DAN protest over the fact that we cannot One clarification as to what was just KILDEE, would help the people of Flint, even get a vote on any of these bills mentioned is that this bill does not Michigan, recover from this man-made that we think could save lives. They allow any company to get off the hook. disaster that they are still dealing want to punish us; they want to sanc- They are going through the process, with; but this Congress is too busy tion us; they want to condemn us be- and they are paying their fines. What wasting its time to even consider cause we said that, in the greatest de- we are trying to let off the hook here bringing this vitally important, non- liberative body in the world, we ought is the Department of Justice, which be- controversial bill up for a vote. to be able to deliberate. lieves that it is the arbitrator of the Where is the majority leadership on Apparently, the Republican leader- world to their own pet projects. this? Why are they simply sitting back ship is outraged over what they say is Let’s get back to the basics of this and allowing countless families in a breach of decorum that shut down bill. If we want to pontificate on the Flint to continue to be unable to turn the Chamber for 25 hours because world, fine, then we can pontificate on on their faucets and receive the safe Democrats had a sit-in here in protest the world; but let’s get back to the rule water that they need and, quite frank- over the fact that we can’t bring any for today, for this moment, and do not ly, that should be a basic right in this legislation up for a debate. They are tell stories that don’t exist. Congress— country, the very same safe water that outraged over that. That is where their both sides—should decide that the De- Speaker RYAN and so many of us take outrage is. partment of Justice should not be hav- for granted? My question is: Where is the outrage ing a settlement of mandatory dona- In fact, it was recently discovered over the 50 innocent civilians who were tions to pet groups because they don’t that there were elevated levels of lead killed in Orlando? Where is the outrage get enough funding. How about they

VerDate Sep 11 2014 00:59 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.024 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5115 just go get another job instead of living Mr. COLLINS of Georgia. Mr. Speak- is criminal. You want to know what off settlements from others when they er, the chairman of the Judiciary Com- ‘‘criminal’’ is? That is criminal. So we are not the victims? mittee has brought this issue up al- come here today, and I urge my col- I reserve the balance of my time. ready. If the gentleman does not know leagues to oppose this bill. Mr. MCGOVERN. Mr. Speaker, I just this, he needs to go back, and he can I don’t question the motivations of say to my friend from Georgia that I see it. That is why this is a bipartisan the sponsor, by the way. That is not am not pontificating; I am just ex- issue. We can be together on this. my motive. We learned in March that pressing frustration over the fact that Mr. PASCRELL. Reclaiming my the Financial Crisis Inquiry Commis- we are not doing anything of any con- time, Mr. Speaker, in all of the settle- sion—I will repeat—recommended that sequence here on the House floor. This ments, Chris Christie appointed polit- the Department of Justice criminally legislation that we are dealing with ical allies and supporters as monitors prosecute. Nothing has been done. I today—in fact, the legislation that we to oversee corporate compliance, which have also written a letter to the chair- are going to deal with later in the the gentleman is talking about, which man of the Judiciary Committee. By week—is going nowhere. Yet we have a netted those allies tens of millions of the way, this is not partisan. Our own Zika crisis; we have a crisis in Flint, dollars. These allies then served as Justice Department hasn’t done any- Michigan; and we have a crisis of peo- major donors to a political campaign thing either. ple who are dying from gun violence in account. I am being fair about this, but they this country. For some reason, the Re- The SPEAKER pro tempore. The have to look into this. They can’t come publicans who run this House can’t find time of the gentleman has expired. before us and tell us they are trying to the time to spend even 1 day talking Mr. MCGOVERN. Mr. Speaker, I yield save the little guy or the victims when about those things. the gentleman an additional 2 minutes. they allow this and permit this to go Mr. Speaker, I yield 3 minutes to the Mr. PASCRELL. Now, these arrange- on day in and day out when the banks gentleman from New Jersey (Mr. PAS- ments were so problematic that they never were held accountable. No one CRELL). prompted the Department of Justice— has ever been brought before a court. Mr. PASCRELL. I thank the gen- we have selective memory—to issue a Eight years later, and we are here. tleman from Georgia, and I thank the new guidance limiting prosecutors’ dis- Rather than wasting time on this gentleman from Massachusetts. cretion in reaching such agreements, fishing expedition, if the House really Mr. Speaker, I am glad you had a lit- and the Judiciary Committee held an wants to ensure punishment is carried tle reference here: don’t allow compa- oversight hearing in 2009. out and that the actual victims receive nies or corporations to avoid their re- When Democrats tried to highlight compensation, we need to actually ad- sponsibilities. I want to speak to that the issue of using a public office to fun- dress the root cause of the problem. issue. I think it is very, very, very crit- nel large legal fees to cronies who then Mr. Ranking Member, my friend from ical. turned around and bankrolled cam- Georgia, we have to address the root Mr. Speaker, let’s not beat around paigns, those on the other side said problem. the bush. We are on the floor today de- they did not see it for what it was— b 1315 bating H.R. 5063 under the guise of ‘‘en- crony capitalism. They have heard the Mr. COLLINS of Georgia. Mr. Speak- suring responsibility.’’ I mean, who term before. Rather, they bent over er, I yield myself such time as I may would be against that? That is like backward to praise Mr. Christie and ac- consume. apple pie. However, this bill is nothing cused Democrats of grasping for ways I appreciate the gentleman from New more than a political exercise void of to embarrass a ‘‘rising Republican Jersey. I think the interesting thing is real reprimand for these practices, re- star.’’ Now that time has passed and a that I have listened to him—as he said, forms to the system, or redress to ac- different administration is in charge, he is on a roll—and I think we are tual victims. If that is what it did, I we are now hearing a different story, probably in more agreement than we would be here supporting it. but very real issues with these prac- are disagreeing here. We have known for years of instances tices still remain. I wasn’t here to—in fact, you said to where deferred prosecution agreements I agree that we need reforms, my ‘‘turn a blind eye.’’ This is a problem, have gotten out of hand. You don’t re- friend from Georgia. I agree. I hope and it doesn’t matter who is there. If it member those days? I will bring them that my colleagues will take a look at is a Republican, it is wrong; if it is a back to you. the deferred prosecution agreements Democrat, it is wrong, Mr. Speaker. When I tried to make modest reforms reform legislation that I, Mr. PALLONE, That is why we are here. to improve the transparency of these and Mr. COHEN have introduced. I agree with the outrage. It shouldn’t agreements, I was rebuffed by Members The issue here is not the government happen, especially when you get into on the other side of the aisle. They forcing companies to use deferred pros- the fact that the Department of Jus- have short memories. They have selec- ecution agreements to potentially di- tice is actually taking money and put- tive memories. Where was this outrage vert funds away from helping victims ting money to departments and pro- when I was screaming about seven de- when it comes to corporate malfea- grams that this Congress had cut fund- ferred prosecution agreements with sance. The more egregious issue is that ing from. That is not right. I don’t care large medical device companies that firms have avoided prosecution to who the administration is; I don’t care were negotiated by New Jersey’s begin with. The little guy gets it in the who the President is. former United States Attorney Chris neck, and the banks and the corpora- I agree with the gentleman from New Christie? There is a name. tions are never held accountable. The Jersey. He makes a passionate argu- One of the settlements allowed Bris- other side knows. The gentleman, my ment. Maybe you just need to come tol-Myers Squibb to avoid prosecution friend, has opened up a can of worms over here and help me out. We are for securities fraud in exchange for a $5 here—and I mean that sincerely. making the right argument here. million donation to Mr. Christie’s law The SPEAKER pro tempore. The So the question now becomes—no school alma mater; and I am listening time of the gentleman has again ex- matter where it comes from—and the to preaching over here and pontifi- pired. interesting issue here is this shouldn’t cating about what is going on today Mr. MCGOVERN. Mr. Speaker, I yield be taking place, no matter who is over about these groups that are lined up to the gentleman an additional 2 minutes. it. The problem is, and what I would get their money from the Justice De- Mr. PASCRELL. We are on a roll love to ask is: Where has the Depart- partment. I didn’t hear one word—not here. ment of Justice been for the last 7 one word. In fact, if the gentleman has Mr. Speaker, the Financial Crisis In- years on any issue, for the most part? a word to interject, I will hold on for 10 quiry Commission made recommenda- It has been very frustrating to both seconds and listen. tions to the Department of Justice to sides of the aisle. On this one, I actu- Mr. COLLINS of Georgia. Will the criminally prosecute top executives at ally think we can find more agreement gentleman yield? several large financial institutions, but than we can find disagreement. Mr. PASCRELL. I yield to the gen- we have yet to see a major Wall Street I appreciate the gentleman from New tleman. executive be criminally charged. That Jersey’s remarks because, frankly, this

VerDate Sep 11 2014 01:47 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.025 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5116 CONGRESSIONAL RECORD — HOUSE September 7, 2016 is what this does. It doesn’t let them The administration requested fund- pening. The gentleman from Massachu- off the hook. It just simply goes back ing 7 months ago, and the Republican setts made this statement several to looking at these mandatory dona- majority has refused to consider legis- times, and he said ‘‘this bill is going tions which, again, party is irrelevant. lation that would adequately address nowhere.’’ I would just ask him, Mr. This is not a role for the Department of the seriousness of this situation. Due Speaker, why not? If we want to find Justice. to Republican inaction, the adminis- agreement and move forward, then, I reserve the balance of my time. tration has been forced to repurpose why not? Mr. MCGOVERN. Mr. Speaker, can I nearly $600 million dedicated to other Why wouldn’t a bill brought forward inquire of the gentleman from Georgia pressing public health needs to stem by this Congress that addresses a bi- (Mr. COLLINS) how many more speakers the growing tide of this disaster. Guess partisan issue of Republican and Demo- he has who want to speak on this bill what. That money is about to run out, crat abuses to a Department of Justice on his side? I know the demand has and there are now nearly 17,000 cases of settlement program, why shouldn’t it been really great. Zika in the United States and terri- move forward? Instead of saying it is a Mr. COLLINS of Georgia. Mr. Speak- tories. As CDC Director Frieden said, waste of time, instead of saying it is er, they have been pulling at my coat- ‘‘The cupboard is bare.’’ The time for something we are just doing to get tails, but I think at this time they are half measures and political posturing along and to not address real issues, going to hold back. has long since passed. The time to act this is a real issue. Why don’t we move Mr. MCGOVERN. Mr. Speaker, I yield is now. it forward? Instead, we will posture. We myself the balance of my time to close. will vote ‘‘no,’’ and we will complain Mr. Speaker, let me put this in per- Mr. Speaker, I ask unanimous con- about what we don’t want to have. Why spective for everybody. We can have sent to insert the text of the amend- not move it forward? this conversation here and maybe peo- ment in the RECORD, along with extra- We have heard from my friends ple can do press releases after we have neous material immediately prior to across the aisle, the ones who came, a vote on it, but I think we all know the vote on the previous question. two witnesses, that we agree on this. It that this bill is going nowhere, and it The SPEAKER pro tempore. Is there should not be happening. Instead, this is going nowhere fast. So we are essen- objection to the request of the gen- is a big issue. In fact, I believe it is the tially wasting our time, we are wasting tleman from Massachusetts? one issue right now that is percolating taxpayer dollars, and we are doing so There was no objection. Mr. MCGOVERN. In conclusion, Mr. not only in our Presidential elections, at a moment when we have some seri- Speaker, I again appeal to the leader- ous challenges and serious crises facing but in our congressional elections. It is ship of this House: Do something. Do our country. in our Senatorial elections. It is in our I mentioned gun violence. My friends something that will help somebody in State elections. don’t want to do anything about that; this country. It is this understanding of the Amer- although, according to the press, they I get it. Elections are coming up, and ican people that right now government want to bring a resolution to slap our everybody is engaged in political pos- is not working. Government is broken, wrists. That is their outrage over all turing. You know, we were elected to the government that they grew up the gun violence that we have seen, the actually try to help people and help going to school with. As school has massacres that we have seen in this solve problems. started back over the last month in country. I find that stunning, quite I have to tell you, by any objective Georgia—my home State, Mr. Speaker, frankly. I mean, it takes my breath measure, the leadership of this House and yours—up to New York where it away that, in the aftermath of all that has failed. I mean, it has failed on starts tomorrow, they go to social has gone on, that that is the best they Flint. It has failed on the Zika crisis. studies and they learn about the can do. Nonetheless, that is their solu- It has failed on gun violence. It has Founders and they learn about the tion, and it is another waste of time. failed on confronting this opiate crisis. Constitution and they learn about We have a crisis in Flint, Michigan, I can go on and on and on again. I can three branches of government and how where people still can’t turn on their point to 70-plus times that we voted to Congress does the bills and the appro- faucets. We are not talking about a repeal the Affordable Care Act. All of priating and how the executive branch country halfway around the world. We these messaging bills that were written carries those instructions out and how are talking about a community here in in the basement of the Republican Con- the judiciary comports that to the con- the United States of America where gressional Campaign Committee, I stitutionality of what we do. clean water ought to be a right, and guess you go back home and brag about I cannot think of a better way than yet we can’t seem to schedule the time those things, but at the end of the day, to live within those Founders’ frame- to do anything to help solve that prob- you haven’t done anything. work and to say, ‘‘Why isn’t this bill lem. I hope that in these few weeks that going somewhere?’’ instead of Congress We passed a bill that had some good we are back before we recess again that sitting back and letting the executive goals in it with regard to the opiate maybe some common sense can prevail branch do whatever it wants to do, crisis that we are facing, but we on the Republican side and we can ac- however it wants to do it just because haven’t passed any funding for it yet. tually do something, something that they throw a tantrum because they So people can go back home and say, will help all of our constituents, espe- don’t get their way. ‘‘Oh, we did something,’’ but really cially with this Zika crisis. This is a The bill does not protect people from they didn’t, because a bill that sets out crisis. If that doesn’t compel everybody getting away from the law. The bill nice goals that doesn’t have any fund- to do something to provide the funding does not keep people from being pros- ing really is nothing more than a press necessary to combat it, I mean, given ecuted. The bill does not keep punitive release. We are not talking about fund- what we have seen, then I don’t know damages. Just go through the long list ing for any of those priorities to deal what will move my Republican col- of what they have said, the list of with the opiate crisis. leagues. horribles, that this would not do. It Then there is the Zika crisis, which Mr. Speaker, I urge my colleagues to does not. It simply says you can’t is getting worse and worse and worse, vote ‘‘no’’ and defeat the previous ques- stroke your pet projects with money and yet we can’t find the time this tion, and then vote ‘‘no’’ on this rule to from ‘‘mandatory donations,’’ either week to do anything about it. I find consider a bill that, quite frankly, is side, Republican or Democrat. that appalling. going nowhere and is a waste of our So tell me again, Mr. Speaker, why Mr. Speaker, I am going to urge my time. shouldn’t this bill go forward? We will colleagues to defeat the previous ques- I yield back the balance of my time. have time to debate the rest. Well, why tion. If we defeat the previous ques- Mr. COLLINS of Georgia. Mr. Speak- shouldn’t this bill go forward? Because tion, I will offer an amendment to the er, I yield myself the balance of my it hits at the very frustration of the rule to bring up legislation that fully time. American people right now because funds the administration’s efforts to It is fairly amazing to me that we what they see is not what they learned mount a robust and long-term response can actually find agreement, that we in those classrooms years ago. What to the growing Zika crisis. agree that this should not be hap- they see is an executive branch that

VerDate Sep 11 2014 01:47 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.027 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5117 does whatever it wants to do, some- ‘‘the refusal of the House to sustain the de- [Roll No. 481] times under both parties. They see a mand for the previous question passes the YEAS—231 control of the resolution to the opposition’’ Congress that doesn’t stand up for Abraham Grothman Paulsen in order to offer an amendment. On March itself. Aderholt Guinta Pearce 15, 1909, a member of the majority party of- As far as I am concerned, this Mem- Allen Guthrie Perry fered a rule resolution. The House defeated Amash Hanna Pittenger ber will stand up for this institution the previous question and a member of the Amodei Hardy Pitts and for the role that the Founders laid opposition rose to a parliamentary inquiry, Babin Harper Poe (TX) out for us. So H.R. 5063, the Stop Set- asking who was entitled to recognition. Barletta Harris Poliquin tlement Slush Funds Act, does what it Speaker Joseph G. Cannon (R-Illinois) said: Barr Hartzler Pompeo Barton Heck (NV) Posey says it will do, and I am proud to co- ‘‘The previous question having been refused, Benishek Hensarling the gentleman from New York, Mr. Fitz- Price, Tom sponsor this bill. Bilirakis Herrera Beutler Ratcliffe gerald, who had asked the gentleman to There are many things we get a Bishop (MI) Hice, Jody B. Reed chance to vote for. We can complain or yield to him for an amendment, is entitled to Black Hill Renacci the first recognition.’’ Blackburn Holding we can vote. My recommendation is Ribble The Republican majority may say ‘‘the Blum Hudson Rice (SC) Bost Huelskamp vote to move this forward. Vote ‘‘yes’’ Rigell vote on the previous question is simply a Brady (TX) Huizenga (MI) on this rule. Vote ‘‘yes’’ on the under- Roby vote on whether to proceed to an immediate Brat Hultgren Roe (TN) lying bill. Instead of saying it ain’t vote on adopting the resolution . . . [and] Bridenstine Hunter Rogers (AL) going anywhere, then grab a hold of has no substantive legislative or policy im- Brooks (AL) Hurd (TX) Rogers (KY) the shovel and say let’s try and make plications whatsoever.’’ But that is not what Brooks (IN) Hurt (VA) Buchanan Issa Rohrabacher something work in this country. they have always said. Listen to the Repub- Rokita lican Leadership Manual on the Legislative Buck Jenkins (KS) The material previously referred to Bucshon Jenkins (WV) Rooney (FL) Process in the United States House of Rep- by Mr. MCGOVERN is as follows: Burgess Johnson (OH) Ros-Lehtinen resentatives, (6th edition, page 135). Here’s Byrne Jolly Roskam AN AMENDMENT TO H. RES. 843 OFFERED BY how the Republicans describe the previous Carson (IN) Jones Rothfus MR. MCGOVERN question vote in their own manual: ‘‘Al- Carter (GA) Jordan Rouzer At the end of the resolution, add the fol- though it is generally not possible to amend Carter (TX) Joyce Royce lowing new sections: the rule because the majority Member con- Chabot Katko Salmon Sanford SEC. 2. Immediately upon adoption of this trolling the time will not yield for the pur- Chaffetz Kelly (MS) resolution the Speaker shall, pursuant to Coffman Kelly (PA) Scalise pose of offering an amendment, the same re- Schweikert clause 2(b) of rule XVIII, declare the House Cole King (IA) sult may be achieved by voting down the pre- Collins (GA) King (NY) Scott, Austin resolved into the Committee of the Whole vious question on the rule. . . . When the Collins (NY) Kinzinger (IL) Sensenbrenner House on the state of the Union for consider- motion for the previous question is defeated, Comstock Kline Sessions ation of the bill (H.R. 5044) making supple- control of the time passes to the Member Conaway Knight Shimkus mental appropriations for fiscal year 2016 to who led the opposition to ordering the pre- Cook Labrador Shuster respond to Zika virus. The first reading of vious question. That Member, because he Costello (PA) LaHood Simpson Cramer LaMalfa the bill shall be dispensed with. All points of then controls the time, may offer an amend- Smith (MO) order against consideration of the bill are Crawford Lamborn Smith (NE) ment to the rule, or yield for the purpose of Crenshaw Lance waived. General debate shall be confined to Smith (NJ) amendment.’’ Culberson Latta Smith (TX) the bill and shall not exceed one hour equal- In Deschler’s Procedure in the U.S. House Curbelo (FL) LoBiondo Stefanik ly divided among and controlled by the chair of Representatives, the subchapter titled Davidson Long Stewart and ranking minority member of the Com- ‘‘Amending Special Rules’’ states: ‘‘a refusal Davis, Rodney Loudermilk Stivers mittee on Appropriations and the chair and Denham Love Stutzman to order the previous question on such a rule Dent Lucas ranking minority member of the Committee [a special rule reported from the Committee Thompson (PA) on the Budget. After general debate the bill DeSantis Luetkemeyer Thornberry on Rules] opens the resolution to amend- Diaz-Balart Lummis shall be considered for amendment under the Tiberi ment and further debate.’’ (Chapter 21, sec- Dold MacArthur Tipton five-minute rule. All points of order against Donovan Marchant tion 21.2) Section 21.3 continues: ‘‘Upon re- Trott provisions in the bill are waived. At the con- Duffy Marino jection of the motion for the previous ques- Turner Duncan (SC) Massie clusion of consideration of the bill for tion on a resolution reported from the Com- Upton Duncan (TN) McCarthy amendment the Committee shall rise and re- Wagner mittee on Rules, control shifts to the Mem- Ellmers (NC) McCaul port the bill to the House with such amend- ber leading the opposition to the previous Walberg ments as may have been adopted. The pre- Emmer (MN) McClintock question, who may offer a proper amendment Farenthold McHenry Walden vious question shall be considered as ordered or motion and who controls the time for de- Fincher McMorris Walker on the bill and amendments thereto to final bate thereon.’’ Fitzpatrick Rodgers Walorski passage without intervening motion except Walters, Mimi Clearly, the vote on the previous question Fleischmann McSally one motion to recommit with or without in- Fleming Meadows Weber (TX) on a rule does have substantive policy impli- structions. If the Committee of the Whole Flores Meehan Webster (FL) cations. It is one of the only available tools Wenstrup rises and reports that it has come to no reso- Forbes Messer for those who oppose the Republican major- Westerman lution on the bill, then on the next legisla- Fortenberry Mica ity’s agenda and allows those with alter- Foxx Miller (FL) Westmoreland tive day the House shall, immediately after native views the opportunity to offer an al- Franks (AZ) Miller (MI) Williams the third daily order of business under clause ternative plan. Frelinghuysen Moolenaar Wilson (SC) 1 of rule XIV, resolve into the Committee of Garrett Mooney (WV) Wittman the Whole for further consideration of the Mr. COLLINS of Georgia. Mr. Speak- Gibbs Mullin Womack bill. er, I yield back the balance of my time, Gibson Mulvaney Woodall Yoder SEC. 3. Clause 1(c) of rule XIX shall not and I move the previous question on Goodlatte Murphy (PA) apply to the consideration of H.R. 5044. Gosar Neugebauer Yoho the resolution. Gowdy Newhouse Young (AK) THE VOTE ON THE PREVIOUS QUESTION: WHAT The SPEAKER pro tempore. The Granger Noem Young (IA) IT REALLY MEANS Graves (GA) Nunes Young (IN) question is on ordering the previous Graves (MO) Olson Zeldin This vote, the vote on whether to order the question. previous question on a special rule, is not Griffith Palmer Zinke merely a procedural vote. A vote against or- The question was taken; and the NAYS—177 Speaker pro tempore announced that dering the previous question is a vote Adams Butterfield Connolly against the Republican majority agenda and the ayes appeared to have it. Aguilar Capps Conyers a vote to allow the Democratic minority to Mr. MCGOVERN. Mr. Speaker, on Ashford Capuano Cooper offer an alternative plan. It is a vote about that I demand the yeas and nays. Bass Ca´ rdenas Costa what the House should be debating. Beatty Carney Courtney Mr. Clarence Cannon’s Precedents of the The yeas and nays were ordered. Becerra Cartwright Crowley House of Representatives (VI, 308–311), de- The SPEAKER pro tempore. Pursu- Bera Castor (FL) Cuellar Beyer Castro (TX) Cummings scribes the vote on the previous question on ant to clause 9 of rule XX, the Chair Bishop (GA) Chu, Judy Davis (CA) the rule as ‘‘a motion to direct or control the will reduce to 5 minutes the minimum Blumenauer Cicilline Davis, Danny consideration of the subject before the House time for any electronic vote on the Bonamici Clark (MA) DeFazio being made by the Member in charge.’’ To question of adoption of the resolution. Boyle, Brendan Clarke (NY) DeGette defeat the previous question is to give the F. Clay Delaney opposition a chance to decide the subject be- The vote was taken by electronic de- Brady (PA) Cleaver DeLauro fore the House. Cannon cites the Speaker’s vice, and there were—yeas 231, nays Brownley (CA) Clyburn DelBene Bustos Cohen DeSaulnier ruling of January 13, 1920, to the effect that 177, not voting 23, as follows:

VerDate Sep 11 2014 06:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.028 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5118 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Deutch Langevin Rangel the children for school. They have been Lummis Pompeo Stewart Dingell Larsen (WA) Rice (NY) preparing to end their summer vaca- MacArthur Posey Stivers Doggett Larson (CT) Richmond Marchant Price, Tom Stutzman Doyle, Michael Lawrence Roybal-Allard tion. Marino Ratcliffe Thompson (PA) F. Lee Ruiz In our home State of Louisiana, near- Massie Reed Thornberry Edwards Levin Ruppersberger ly 500,000 of our citizens have been af- McCarthy Renacci Tiberi Ellison Lewis Ryan (OH) fected by a 1,000-year flood event, caus- McCaul Ribble Tipton Engel Loebsack Sa´ nchez, Linda McClintock Rice (SC) Trott Eshoo Lofgren T. ing extraordinary ruin for our families McHenry Rigell Turner Esty Lowenthal Sarbanes and businesses, everything inundated. McMorris Roby Upton Farr Lowey Schakowsky Rodgers Roe (TN) Foster Lujan Grisham Everything that people own—family Valadao Schiff heirlooms, photo albums, hard disk McSally Rogers (AL) Wagner Frankel (FL) (NM) Meadows Rogers (KY) Fudge Luja´ n, Ben Ray Schrader Walberg drives, and generations of work—has Meehan Rohrabacher Gabbard (NM) Scott (VA) Walden been destroyed. We lost 13 of our fellow Messer Rokita Gallego Lynch Scott, David Walker Mica Ros-Lehtinen Garamendi Maloney, Serrano citizens, at least, with more perhaps to Walorski Miller (FL) Roskam Graham Carolyn Sewell (AL) be found. Walters, Mimi Miller (MI) Rothfus Grayson Maloney, Sean Sherman Weber (TX) Today, hundreds of thousands across Moolenaar Rouzer Green, Al Matsui Sires Webster (FL) south Louisiana are sifting through Mooney (WV) Royce Green, Gene McCollum Slaughter Wenstrup Mullin Russell Grijalva McDermott Smith (WA) what remains of their belongings, fac- Westerman Mulvaney Salmon Gutie´rrez McGovern Speier ing imminent and extraordinary finan- Westmoreland Murphy (PA) Sanford Hahn McNerney Swalwell (CA) Williams cial decisions and life-altering deci- Neugebauer Scalise Hastings Meeks Takano Wilson (SC) sions. We stand here in this Chamber Newhouse Schweikert Heck (WA) Meng Thompson (CA) Noem Scott, Austin Wittman Higgins Moore Thompson (MS) today, as their representatives, and ask Nunes Sensenbrenner Womack Himes Moulton Titus you to join us in a moment of silence Olson Sessions Woodall Hinojosa Murphy (FL) Tonko and to keep them in our prayers. Palmer Shimkus Yoder Honda Nadler Torres Hoyer Napolitano The SPEAKER pro tempore. Mem- Paulsen Shuster Yoho Tsongas Huffman Neal Pearce Simpson Young (AK) Van Hollen bers will stand for a moment of silence. Israel Nolan Perry Smith (MO) Young (IA) Vargas Without objection, 5-minute voting Jackson Lee Norcross Pittenger Smith (NE) Young (IN) Veasey Jeffries O’Rourke will continue. Pitts Smith (NJ) Zeldin Johnson (GA) Pallone Vela There was no objection. Poe (TX) Smith (TX) Zinke ´ Johnson, E. B. Pascrell Velazquez Poliquin Stefanik Visclosky The SPEAKER pro tempore. The Kaptur Payne question is on the resolution. Keating Pelosi Walz NOES—178 Kelly (IL) Perlmutter Wasserman The question was taken; and the Kennedy Peters Schultz Speaker pro tempore announced that Adams Foster Meeks Waters, Maxine Aguilar Frankel (FL) Meng Kildee Peterson the ayes appeared to have it. Kilmer Pingree Watson Coleman Ashford Fudge Moore Kind Pocan Welch RECORDED VOTE Bass Gabbard Moulton Beatty Gallego Murphy (FL) Kirkpatrick Polis Wilson (FL) Mr. MCGOVERN. Mr. Speaker, I de- Kuster Quigley Yarmuth Becerra Garamendi Nadler mand a recorded vote. Bera Graham Napolitano NOT VOTING—23 A recorded vote was ordered. Beyer Grayson Neal Bishop (GA) Bishop (UT) Graves (LA) Reichert Green, Al Nolan The SPEAKER pro tempore. This Blumenauer Green, Gene Boustany Johnson, Sam Ross will be a 5-minute vote. Norcross Brown (FL) Lieu, Ted Bonamici Grijalva O’Rourke Rush ´ Calvert Lipinski The vote was taken by electronic de- Boyle, Brendan Gutierrez Pallone Russell F. Hahn Clawson (FL) McKinley Sanchez, Loretta vice, and there were—ayes 231, noes 178, Pascrell DesJarlais Nugent Brady (PA) Hastings Payne Sinema not voting 22, as follows: Brownley (CA) Heck (WA) Duckworth Palazzo Valadao Pelosi Gohmert Price (NC) [Roll No. 482] Bustos Higgins Perlmutter Butterfield Himes Peters AYES—231 Capps Hinojosa b 1346 Peterson Abraham Davidson Harris Capuano Honda Pingree Aderholt Davis, Rodney Hartzler Ca´ rdenas Hoyer Mr. MOULTON, Mrs. DINGELL, and Pocan Allen Denham Heck (NV) Carney Huffman Mr. ELLISON changed their vote from Polis Amash Dent Hensarling Carson (IN) Israel Quigley ‘‘yea’’ to ‘‘nay.’’ Amodei DeSantis Herrera Beutler Cartwright Jackson Lee Rangel So the previous question was ordered. Babin Diaz-Balart Hice, Jody B. Castor (FL) Jeffries Rice (NY) Barr Dold Hill Castro (TX) Johnson (GA) The result of the vote was announced Richmond Barton Donovan Holding Chu, Judy Johnson, E. B. Roybal-Allard as above recorded. Benishek Duffy Hudson Cicilline Kaptur Ruiz Stated for: Bilirakis Duncan (SC) Huelskamp Clark (MA) Keating Mr. GRAVES of Louisiana. Mr. Speaker, on Bishop (MI) Duncan (TN) Huizenga (MI) Clarke (NY) Kelly (IL) Ruppersberger Bishop (UT) Ellmers (NC) Hultgren Clay Kennedy Ryan (OH) rollcall No. 481, I was detained discussing ´ Black Emmer (MN) Hunter Cleaver Kildee Sanchez, Linda flood recovery efforts in Louisiana. Had I been Blackburn Farenthold Hurd (TX) Clyburn Kilmer T. present, I would have voted ‘‘yes.’’ Blum Fincher Issa Cohen Kind Sarbanes Schakowsky Mr. VALADAO. Mr. Speaker, on rollcall No. Bost Fitzpatrick Jenkins (KS) Connolly Kirkpatrick Brady (TX) Fleischmann Jenkins (WV) Conyers Kuster Schiff 481 I missed the vote because my meeting Brat Fleming Johnson (OH) Cooper Langevin Schrader with constituents about very important trans- Bridenstine Flores Jolly Costa Larsen (WA) Scott (VA) portation, agriculture, air quality, and grant Brooks (AL) Forbes Jones Courtney Larson (CT) Scott, David Serrano issues went longer than scheduled. Had I Brooks (IN) Fortenberry Jordan Crowley Lawrence Buchanan Foxx Joyce Cuellar Lee Sewell (AL) been present, I would have voted ‘‘aye.’’ Buck Franks (AZ) Katko Cummings Levin Sherman Stated against: Burgess Frelinghuysen Kelly (MS) Davis (CA) Lewis Sires Mr. CARSON of Indiana. Mr. Speaker, dur- Byrne Garrett Kelly (PA) Davis, Danny Lipinski Slaughter Carter (GA) Gibbs King (IA) DeFazio Loebsack Smith (WA) ing rollcall Vote No. 481 on the previous ques- Carter (TX) Gibson King (NY) DeGette Lofgren Speier tion, I mistakenly recorded my vote as ‘‘yea’’ Chabot Gohmert Kinzinger (IL) Delaney Lowenthal Swalwell (CA) when I should have voted ‘‘nay.’’ Chaffetz Goodlatte Kline DeLauro Lowey Takano Coffman Gosar Knight DelBene Lujan Grisham Thompson (CA) b 1345 Cole Gowdy Labrador DeSaulnier (NM) Thompson (MS) Collins (GA) Granger LaHood Deutch Luja´ n, Ben Ray Titus (By unanimous consent, Mr. GRAVES Collins (NY) Graves (GA) LaMalfa Dingell (NM) Tonko of Louisiana was allowed to speak out Comstock Graves (LA) Lamborn Doggett Lynch Torres of order.) Conaway Graves (MO) Lance Doyle, Michael Maloney, Tsongas Cook Griffith Latta F. Carolyn Van Hollen MOMENT OF SILENCE FOR VICTIMS OF LOUISIANA Costello (PA) Grothman LoBiondo Edwards Maloney, Sean Vargas FLOODS Cramer Guinta Long Ellison Matsui Veasey Mr. GRAVES of Louisiana. Mr. Crawford Guthrie Loudermilk Engel McCollum Vela Crenshaw Hanna Love Eshoo McDermott Vela´ zquez Speaker, for the last 2 weeks, many Culberson Hardy Lucas Esty McGovern Visclosky across our Nation have been preparing Curbelo (FL) Harper Luetkemeyer Farr McNerney Walz

VerDate Sep 11 2014 01:47 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.004 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5119 Wasserman Watson Coleman Wilson (FL) SEC. 3. CONDITIONS RELATING TO PHYSICAL thorities. Of that, over half a billion Schultz Welch Yarmuth PREPARATIONS. has already been disbursed or is com- NOT VOTING—22 The Architect of the Capitol may prescribe mitted to being disbursed. In some conditions for physical preparations for the Barletta Hurt (VA) Rooney (FL) event. cases, these mandatory donation provi- Boustany Johnson, Sam Ross SEC. 4. ENFORCEMENT OF RESTRICTIONS. sions reinstate funding Congress spe- Brown (FL) Lieu, Ted Rush cifically cut. Bucshon McKinley Sanchez, Loretta The Capitol Police Board shall provide for Calvert Nugent Sinema enforcement of the restrictions contained in The spending power is one of Con- Clawson (FL) Palazzo Waters, Maxine section 5104(c) of title 40, United States Code, gress’ most effective tools in reining in DesJarlais Price (NC) concerning sales, advertisements, displays, the executive branch. This is true no Duckworth Reichert and solicitations on the Capitol Grounds, as matter which party is in the White ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE well as other restrictions applicable to the House. A Democrat-led Congress passed The SPEAKER pro tempore (during Capitol Grounds, in connection with the the Cooper-Church amendment to end event. the vote). There are 2 minutes remain- the Vietnam War. More recently, bipar- ing. The concurrent resolution was agreed tisan funding restrictions blocked lav- to. b 1355 ish salary and conference spending by A motion to reconsider was laid on Federal agencies and grantees. This So the resolution was agreed to. the table. policy control is lost if the executive The result of the vote was announced f gains authority over spending. as above recorded. Serious people on both sides of the A motion to reconsider was laid on STOP SETTLEMENT SLUSH FUNDS aisle understand this. A former Deputy the table. ACT OF 2016 Assistant Attorney General for the Of- Stated for: GENERAL LEAVE fice of Legal Counsel in the Clinton ad- Mr. ROONEY of Florida. Mr. Speaker, on Mr. GOODLATTE. Mr. Speaker, I ask ministration warned in 2009 that the rollcall No. 482, I was unavoidably detained. unanimous consent that all Members Department of Justice has ‘‘the ability Had I been present, I would have voted ‘‘aye.’’ may have 5 legislative days within to use settlements to circumvent the Mr. BUCSHON. Mr. Speaker, on rollcall No. which to revise and extend their re- appropriations authority of Congress.’’ 482, I was unavoidably detained. Had I been marks and include extraneous mate- In 2008, a top Republican Department present, I would have voted ‘‘aye.’’ rials on H.R. 5063. of Justice official restricted mandatory Mr. HURT of Virginia. Mr. Speaker, I was The SPEAKER pro tempore. Is there donation provisions because they ‘‘can not present for rollcall Vote No. 482 On Agree- objection to the request of the gen- create actual or perceived conflicts of ing to the Resolution Providing for consider- tleman from Virginia? interest and/or other ethical issues.’’ ation of H.R. 5063, the Stop Settlement Slush There was no objection. Any objections to this bill would be Funds Act of 2016. Had I been present, I The SPEAKER pro tempore. Pursu- unfounded. Whether the beneficiaries would have voted ‘‘yes.’’ ant to House Resolution 843 and rule of these donations are worthy entities XVIII, the Chair declares the House in f is entirely beside the point. The Con- the Committee of the Whole House on AUTHORIZING THE USE OF THE stitution grants Congress the power to the state of the Union for the consider- CAPITOL GROUNDS FOR THE DIS- decide how money is spent, not the De- ation of the bill, H.R. 5063. TRICT OF COLUMBIA SPECIAL partment of Justice. The Chair appoints the gentleman OLYMPICS LAW ENFORCEMENT This is not some esoteric point. It from Utah (Mr. STEWART) to preside TORCH RUN over the Committee of the Whole. goes to the heart of the Constitution’s Mr. BARLETTA. Mr. Speaker, I ask separation of powers and Congress’ unanimous consent to take from the b 1400 ability to rein in executive overreach Speaker’s table the concurrent resolu- IN THE COMMITTEE OF THE WHOLE in practice. tion (H. Con. Res. 131) authorizing the Accordingly, the House resolved Nor does the bill restrict prosecu- use of the Capitol Grounds for the Dis- itself into the Committee of the Whole torial discretion. That discretion per- trict of Columbia Special Olympics House on the state of the Union for the tains to the decision to prosecute. Set- Law Enforcement Torch Run, and ask consideration of the bill (H.R. 5063) to ting penalties and remedial policy is for its immediate consideration in the limit donations made pursuant to set- the proper purview of Congress. House. tlement agreements to which the Opponents’ central concern is that The Clerk read the title of the con- United States is a party, and for other there may be cases of generalized harm current resolution. purposes, with Mr. STEWART in the to communities that cannot be ad- The SPEAKER pro tempore. Is there chair. dressed by restitution, but this misses objection to the request of the gen- The Clerk read the title of the bill. the fundamental point. The Depart- tleman from Pennsylvania? The CHAIR. Pursuant to the rule, the ment of Justice has authority to ob- There was no objection. bill is considered read the first time. tain redress for victims. Federal law The text of the concurrent resolution The gentleman from Virginia (Mr. defines victims to be those ‘‘directly is as follows: GOODLATTE) and the gentleman from and proximately harmed’’ by a defend- H. CON. RES. 131 Georgia (Mr. JOHNSON) each will con- ant’s acts. Resolved by the House of Representatives (the trol 30 minutes. Once those victims have been com- Senate concurring), The Chair recognizes the gentleman pensated, deciding what to do with ad- SECTION 1. AUTHORIZATION OF USE OF CAPITOL from Virginia. ditional funds extracted from defend- GROUNDS FOR D.C. SPECIAL OLYM- Mr. GOODLATTE. Mr. Chairman, I ants becomes a policy question prop- PICS LAW ENFORCEMENT TORCH yield myself such time as I may con- erly decided by elected Representatives RUN. sume. in Congress, not agency bureaucrats or On September 30, 2016, or on such other date as the Speaker of the House of Rep- Two years ago, the House Judiciary prosecutors. It is not that DOJ officials resentatives and the Committee on Rules Committee commenced a pattern or will always be funding bad projects. It and Administration of the Senate may joint- practice investigation into the Justice is that, outside of compensating actual ly designate, the 31st annual District of Co- Department’s mortgage lending settle- victims, it is not their decision to lumbia Special Olympics Law Enforcement ments. We found that the Department make. Torch Run (in this resolution referred to as of Justice is systematically subverting Rather than suspend the practice of the ‘‘event’’) may be run through the Capitol Congress’ spending power by requiring mandatory donations in response to Grounds to carry the Special Olympics torch settling parties to donate money to ac- these bipartisan concerns, the Depart- to honor local Special Olympics athletes. tivist groups. ment of Justice has doubled down. In SEC. 2. RESPONSIBILITY OF CAPITOL POLICE BOARD. In just the last 2 years, the Depart- April 2016, a major DOJ bank settle- The Capitol Police Board shall take such ment of Justice has directed nearly $1 ment required $240 million in financing actions as may be necessary to carry out the billion to third parties entirely outside and/or donations toward affordable event. of Congress’ spending and oversight au- housing.

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.007 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5120 CONGRESSIONAL RECORD — HOUSE September 7, 2016 DOJ’s June 2016 settlement with bottom line is the rich get richer and This is an emergency. We have al- Volkswagen requires a $2 billion pay- the poor get poorer; and this legisla- most 2,000 babies born having been af- ment to fund the administration’s tion would work to enforce that eco- flicted with the Zika virus. It’s going green energy agenda. This payment nomic philosophy that is held so dear to take $10 million for the remainder of cannot be justified as remedial because by my friends on the other side of the their lives, average, to take care of the settlement states explicitly that a aisle. them. That is $2 billion right there. separate $2.7 billion payment is in- So these mortgage lending settle- The President has come to us, tended to fully mitigate the harm ments, the DOJ sued the big banks. months ago, requesting $1.9 billion— caused. The big banks came to the table and less than the $2 billion—to fund oper- It is time for Congress to end this decided to settle. As a result of the set- ations to get at this Zika virus, to pre- abuse. The Stop Settlement Slush tlement, there were directives that vent it from taking hold, and we can’t Funds Act of 2016 bars mandatory do- were agreed to by the Wall Street even pass it in this Congress because nation terms in DOJ settlements. It is banks, that they would give money to we are too busy passing bills to help a bipartisan bill. It makes clear that certified HUD counseling agencies. Wall Street. payments to provide restitution for ac- Those agencies have done a good job That is not what the American peo- tual harm directly caused, including of helping people who have not lost ple want. That is not what the Amer- harm to the environment, are per- their homes continue to stay in their ican people need. I ask my colleagues mitted. homes, to get their mortgages refi- to vote against this legislation. Do not be fooled by opponents’ scare nanced, to get their situation in order, I reserve the balance of my time. tactics. They claim that the legislation to give them the ability to hold on to Mr. GOODLATTE. Mr. Chairman, I could prohibit conduct remedies used their homes after they had lost their yield myself 30 seconds to respond to in settlements covering workplace dis- jobs and were unable to pay the mort- the gentleman from Georgia and say crimination, harassment, and con- gage for a number of months. These that no one gets off the hook; not Wall sumer privacy. The bill does not pre- housing counseling agencies were able Street, not anybody in this legislation. clude such remedies. Nothing bars DOJ to be effective at keeping people in All we are saying is that if money from requiring a defendant to imple- their homes, but my friends on the goes, as a fine, it should either be paid ment workplace training and moni- other side of the aisle, they don’t want into the general Treasury, as required toring programs. to have any part of that because it is by the law, or to actual victims of the The ban on third-party payments costing their friends on Wall Street wrongdoing by the parties. And if it is merely ensures that the defendant re- money. paid into the general Treasury, the mains responsible for performing these This same settlement that the chair- Constitution requires that it be paid, remedies itself, and is not required to man excoriated in his presentation just that it be appropriated by this Con- outsource such set sums for the work a minute ago, it gave money to State- gress, not by bureaucrats and prosecu- to third parties who might be friendly based legal aid firms that were about tors at the Department of Justice. with a given administration. helping people to avoid foreclosure, At this time, it is my pleasure to This bill addresses an institutional helping the very people that these yield 3 minutes to the gentleman from issue. That is one reason similar lan- banks stole from and hurt. So this is Texas (Mr. HENSARLING), the chairman guage passed the House last year by what they want to stop, and they cloak of the Financial Services Committee voice vote. I thank all of the bill’s co- it in the—they say that Congress and a great leader on this issue. sponsors, and I urge the bill’s passage. should be the one to appropriate b 1415 I reserve the balance of my time. money, and that is true. Mr. JOHNSON of Georgia. Mr. Chair- There is nothing about Article I, the Mr. HENSARLING. Mr. Chairman, I man, I yield myself such time as I may legislative branch, Congress, that is a thank the gentleman for yielding. consume. part of the lawsuit that the Justice De- Mr. Chairman, our Constitution is Mr. Chair, the Stop Settlement Slush partment, an Article II body, would file under assault, so I rise today in sup- Funds Act of 2016, H.R. 5063, would re- in a Federal court, an Article III court, port of H.R. 5063, the Stop Settlement move an important civil enforcement that results in a settlement. There is Slush Funds Act. A nearly 2-year-long tool available to agencies to hold cor- no legislative implication in that investigation jointly conducted by the porations accountable for the general whatsoever. There is no appropriations Financial Services Committee, which I harm caused by unlawful conduct. from the legislature. have the privilege of chairing, and the H.R. 5063 would have potentially dis- What it is is a court-enforced trans- Judiciary Committee, chaired by Mr. astrous, unintended consequences on fer of the very wealth that was stolen GOODLATTE, the sponsor of this legisla- the remediation of generalized harms from the people, back to the people, by tion, has shockingly revealed that the in civil enforcement actions like the way of these agencies, which my col- so-called Justice Department is not one that the chairman just noted at league refers to as activist, third-party only pushing, but even requiring some the very beginning of his speech. He entities. Well, these are third-party en- defendants in settlements to send the talked about mortgage lending settle- tities that are acting on behalf of the fines not to victims, not to the U.S. ments that the Department of Justice very people who have been harmed. Treasury, but, instead, to political al- had obtained after filing suit in court What this legislation seeks to do is lies of the Obama administration. against Wall Street bankers who took to take away the ability of the Justice As one commentator wrote: ‘‘Imagine billions of dollars in equity, home eq- Department to obtain a settlement to if the President of the United States uity, from Americans throughout the help people who have been harmed, and forced America’s biggest banks to fun- country by way of predatory lending then would force the money to come nel hundreds of millions—and poten- instruments, which blew up in their into the hands of the legislative branch tially billions—of dollars to the cor- faces; caused the Wall Street melt- so that the legislative branch could porations and lobbyists who supported down. Wall Street got bailed out. then appropriate it. And we know that his agenda.’’ The American people who had these this legislative branch controlled by Mr. Chairman, there is nothing to mortgages that then were underwater the other side of the aisle is not inter- imagine. It is real. It is happening. Mr. lost their homes, so the Department of ested in helping people who lost their Chairman, our committees’ investiga- Justice sued, and this is what this leg- homes due to Wall Street fraud. tion uncovered that the Obama Justice islation seeks to get at. So that is what this legislation is all Department has done exactly this. My friends on the other side of the about, and it comes at a time when we They have used mandatory—manda- aisle don’t want the common people of have people who are afflicted with the tory—donations to direct as much as this country to have the protection of Zika virus. We can’t even pass legisla- $880 million to political organizations government. They want a government tion in this Chamber that would get at that just so happen to be allies of the that is hands off; let the private sector, that public health emergency, which is Obama administration. let the free market work its will. No right here on our doorstep where it is Now, I might expect to see such a rules. Whatever will be will be. The in the House now. corrupt practice in a place like Russia,

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.036 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5121 but in the United States of America? defendants, not those who may have jority was so outraged by these pay- How can this possibly be legal? been harmed on a broader level by ments that they launched a burden- These payments occur entirely out- their actions. This is unnecessarily some investigation that yielded not a side of the transparent and accountable narrow and restrictive when trying to single shred of evidence of any wrong- congressional appropriations and over- address the harm inflicted by corporate doing by anyone. I don’t know what the sight process—a clear violation of Con- wrongdoers. majority calls that, but I call it a gress’ Article I power of the purse, ac- Furthermore, the bill would restrict waste of time. cording to Article I, section 9 of our the flexibility of the government to re- Mr. Chairman, this legislation is a Constitution. By allowing for direct solve claims and make it harder to as- waste of time, too, and I urge my col- payments to nonvictim, third-party po- sist broad categories of people who are leagues to vote ‘‘no.’’ litical organizations, the Justice De- hurt by corporate malfeasance. For ex- Mr. GOODLATTE. Mr. Chairman, I partment is trampling upon the Con- ample, in the wake of the mortgage yield myself 1 minute to respond to the stitution, threatening due process, foreclosure crisis, the Department of gentleman from Georgia (Mr. JOHN- threatening separation of powers, and Justice sued several big banks respon- SON), who would not yield but who con- threatening checks and balances. Mr. sible for egregious misconduct that tinues to claim that this legislation Chairman, there is simply no justice to threw millions of people out of their helps these major financial institutions be found in the Obama Justice Depart- homes and put millions more in peril, while he defends the Justice Depart- ment. while the banks reaped massive profits. ment, which enters into agreements I also note the sheer hypocrisy of The banks agreed to resolve their with these financial institutions that what the Obama administration is claims by paying record-setting fines owe hundreds of millions of dollars—in doing while self-righteously claiming to the government in recognition of many instances, billions of dollars—to to be ‘‘tough on the big banks’’ and all the tremendous damage they had the Treasury in fines as a result of for ‘‘protecting consumers,’’ the Obama caused. Under well-established legal these settlements, but say if you give Justice Department’s special deals for authority, some of these settlements money to our preferred third-party big banks actually give the big banks also included payments to certain com- group that wasn’t even injured as a double credit or more toward their pen- munity organizations responsible for part of this process, if you give the alties for each ‘‘donation’’ made to po- assisting homeowners and the commu- money to them instead of to the gov- litical allies. This means these big nities devastated by the foreclosure ernment, instead of to the taxpayers, banks could erase, potentially, hun- crisis caused by the banks. instead of to the general Treasury, we dreds of millions of dollars in Federal These payments have had a dramatic will give you $2 off for every $1 you penalties this way, not to mention effect. In New York State, thanks to give them, $2 off the fine for every $1 avoid giving the money to actual vic- the consumer relief funds from these you give them, $2 million off the fine tims. settlements, more than 60,000 people for every $1 million you give them. Using cash to reward your political have received housing counseling and It adds up pretty quickly, but the allies instead of helping victims who legal services free of charge over the taxpayers are the ones taking a bath have been genuinely wronged is the last 4 years. Almost one-third of these here. Guess who benefits. Those big epitome of what is unfair and wrong homeowners have consequently re- banks that he says we are protecting? about this administration. Mr. Chair- ceived a mortgage modification or have No. The Justice Department is pro- man, I urge all Members—all Mem- one pending. tecting them, and this is why we need bers—to protect the Constitution and Other funds have gone to support this legislation. It is the Congress that to vote for H.R. 5063, the Stop Settle- community development institutions appropriates funds, not the bureaucrats and prosecutors in the Department of ment Slush Funds Act. like land banks, which are nonprofit Mr. JOHNSON of Georgia. Mr. Chair- organizations formed by local and Justice. Mr. Chairman, it is my pleasure to man, the last speaker spoke about how county governments. These land banks yield 3 minutes to the gentleman from the banks, Wall Street banks, are able help cities address vacant and aban- Pennsylvania (Mr. MARINO), the chair- to get a break from the executive doned properties known as zombie man of the Regulatory Reform, Com- branch when they pay out these settle- homes, zombie homes that were cre- mercial and Antitrust Law Sub- ments, but those are matters of legisla- ated by the foreclosure crisis caused by committee. tive action that has been passed by this the malfeasance of the big banks. Land Mr. MARINO. Mr. Chairman, I thank Congress which coddles the banks and banks acquire these properties, secure the chairman for the time and his lead- puts them in a position where they just them, and rehabilitate them for resale ership throughout the committee’s in- simply can’t lose. When it comes to as affordable housing, thereby increas- vestigation and as we have moved this these fines, as they call it, these are ing the tax rolls, reducing crime, and important piece of legislation to the not fines. These are settlement preserving property values for neigh- floor. amounts that are going to help the vic- boring homeowners and undoing some The Stop Settlement Slush Funds tims. They are not going to play poli- of the damage done by the malfeasance Act focuses on accountability and gov- tics anywhere. These are funds that are of the banks. In just the last 3 years, ernance. As we have heard here, this directed to entities which help the vic- land banks in New York have acquired bill is the product of a nearly 2-year- tims of the Wall Street excesses. So I more than 1,300 vacant and abandoned long House Judiciary Committee inves- want to make that clear. properties. tigation into the Department of Jus- Mr. Chairman, I yield 3 minutes to Mr. Chairman, homeowners and cit- tice’s settlement practices. During the gentleman from New York (Mr. ies are still struggling with the after- that time, the Department of Justice NADLER). math of the foreclosure crisis, and the has funneled nearly $1 billion of this Mr. NADLER. Mr. Chairman, I rise in third-party donations included in legal settlement money to third-party strong opposition to the so-called Stop settlements have proven vital in help- groups that benefit this administra- Settlement Slush Funds Act. ing those directly affected and those tion. But under Federal law—under The Republican majority likes to put secondarily harmed by the banks’ ac- Federal law—all money obtained creative names on their legislation, but tions. These payments were mutually through Department of Justice settle- what they call slush funds are really agreed-upon terms in a legal settle- ments must be deposited directly to voluntary settlements between the ment, but Republicans call them slush the Treasury. government and corporate wrongdoers. funds. They went to nationally recog- Our concerns are not with the serv- These settlements sometimes include nized community organizations or lo- ices provided by the groups receiving payments to third parties to address cally important community organiza- the money. They provide worthy serv- the generalized harms caused by cor- tions doing important work to help ices to individuals in need across the porate bad actors. But this bill would homeowners in crisis, in crisis because country. Nor are our concerns along prohibit any payments to a third party of the actions by the malefactor banks. party lines. Good governance and ac- unless the funds would be used to help The majority sneers and calls these countability apply to Republican and only the people directly harmed by the organizations activist groups. The ma- Democratic administrations alike.

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.038 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5122 CONGRESSIONAL RECORD — HOUSE September 7, 2016 This piece of legislation focuses on legislation that has totally mis- our citizens, and it is opposed by indi- concerted and repeated actions that construed what has been done by the viduals who work with our citizens— have subverted the will of Congress, Department of Justice. clean water action, individuals who disrespected our separation of powers, It is important to note that it is not work dealing with consumers, the Na- and failed to assist the individuals di- unconstitutional. There is no breach of tional Council of La Raza, employment rectly harmed by the behavior war- the Constitution by way of what is lawyers, the National Fair Housing Al- ranting the settlements. The Judiciary going on here. liance, and the National Urban League. Committee’s investigation has revealed First of all, it is not billions of dol- These are organizations that can docu- that entities with access to high-rank- lars. It is minute in the course of help- ment that they help people in their ing Department of Justice officials re- ing individuals—$50 million—less than worst needs. ceived the funds. 1.1 percent of a total settlement of $23.5 Who is helping to assist in the Baton The Stop Settlement Slush Funds billion. Rouge floods after FEMA? It will prob- Act will end this practice without lim- We know that the Congressional Re- ably be a lot of nonprofits dealing with iting the Department of Justice’s abil- search Service must be nonpartisan. housing counseling. ity to reach settlements that directly All of us use the Congressional Re- The Acting CHAIR (Mr. SIMPSON). provide restitution to those harmed. It search Service. I would venture to say The time of the gentlewoman has ex- does not block the ability to provide that it is one of the most nonpartisan, pired. restitution for victims. Instead, it en- independent entities that we have. He Mr. JOHNSON of Georgia. Mr. Chair- sures that money belonging to the U.S. has indicated twice that the settle- man, I yield the gentlewoman an addi- Treasury and, therefore, to the Amer- ments are lawful. I said, Mr. Chairman, tional 1 minute. ican people is not siphoned off for the lawful. That is my concern with this Ms. JACKSON LEE. So what I argue pet projects of political appointees. misnamed legislation. This legislation today is that we are within the con- Mr. Chairman, I urge my colleagues hurts the vulnerable and victims. fines of the law. It is a minute portion. to support good governance, account- It is not the billions of dollars that b 1430 ability, and the powers granted to Con- have been represented. It is certainly gress and vote ‘‘yes.’’ This legislation is not dealing with not a slush fund. Mr. JOHNSON of Georgia. Mr. Chair- the crux of the issue. These are settle- Mr. Chairman, I include in the man, I just can’t believe what I heard ments engaging in agencies. These are RECORD an article from the Houston the gentleman from Virginia say about not appropriated dollars. These are Chronicle, dated Sunday, September 4, the big banks being coddled by the Jus- judgments within the context of the 2016. It involves shooting victims. tice Department, being given a break. court. What is happening is that, out of These are the survivors of the Aurora, So he is complaining that the big the settlement, the agency is attempt- Colorado, shooting. And guess what. banks are being given a break, but then ing to help people to help victims. The theater prevailed. They didn’t the purpose of this legislation is to Let me give you an example as it re- have to pay a dime. They didn’t have take the big banks off of the hook. It is lates to HUD counseling. Just a few to have any check as to whether or not ironic. days ago, we saw mention of the ongo- their doors could have been more se- Mr. Chairman, I yield 5 minutes to ing concerns involving foreclosures. cure. They could have had security, but the gentlewoman from Texas (Ms. Many people may think that that is a it said the shooting survivors owe JACKSON LEE). thing of the past, but it is not. It is $700,000 to the theater. Ms. JACKSON LEE. Mr. Chairman, I clearly something that is important to Do you want to hear who one of the thank the distinguished ranking mem- many people. victims was? Let me just share with ber of the subcommittee. I acknowl- Working with HUD counseling orga- you a victim who just couldn’t bring edge the chairman of the full com- nizations, they are providing resources herself to accept. I feel sorry. Her suf- mittee and, as well, the ranking mem- to help individuals get out of the pit of fering had been profound. Her child was ber of the full committee. a foreclosure. It is well known that if killed in the shooting. She was left par- I am going to announce some break- individuals get counseling, they are alyzed, and the baby she was carrying ing news. The Judiciary Committee nearly three times more likely to ob- had been lost. Do you know what she gets along. We do a lot of good work to- tain a money-saving mortgage modi- got? Zero, zero, zero. I just wish the gether. I am looking forward to moving fication. Justice Department could have shared legislation dealing with a number of If an individual family all over this a resource with her or a group or the good policy suggestions and legislative Nation was to get that, they would be class action lawsuit that was thrown initiatives involving the criminal jus- more likely to receive a payment re- out of court causing them to have to tice system. I hope we can continue to duction of approximately $61 a month pay $700,000 to the theater. work together. greater, on average, than noncounseled This bill does not deal with those in But I would raise concern as to this homeowners. They would be nearly need. Vote against this bill. legislation, and I raise it in the context twice as likely to get their mortgage (The following article appeared on of all that this Congress has to do. I back on track without a modification. September 4, 2016 in the Houston Chronicle:) would also raise it in the context that Maybe, Mr. Chairman, a family of four, [From the Los Angeles Times] the administration has indicated on six, eight, or nine might not get kicked SHOOTING SURVIVORS OWE $700K TO THEATER this bill, H.R. 5063, the misnamed Stop out of their house because of HUD (By Nigel Duara) Settlement Slush Funds—totally mis- counseling resources that have been DENVER.—They had survived brain damage, named—a veto threat. We don’t know given through a settlement, not forced paralysis and the deaths of their children. whether anyone in the United States through a settlement, not oppressed For four years, they met in secret as a group. Senate, the other body, has any inter- and overbearing, but through a settle- Now, they were finally prepared to settle est in this legislation at all. ment, through a legal justified settle- with the Aurora, Colo., movie theater that So in the meantime, there are any ment. became the site of one of the deadliest mas- number of issues that should be ad- What would our friends want us to sacres in U.S. history. On a conference call, the federal judge dressed. My State of Texas is suffering do? To ignore these people. overseeing the case told the plaintiffs’ attor- under the threat of the Zika virus. The Counseling would bring about, if nec- neys that he was prepared to rule in the the- State of Florida is already in the eye of essary, an ability to complete short ater chain’s favor. He urged the plaintiffs to the storm, Puerto Rico, all of the Gulf sales faster than homeowners who settle with Cinemark, owner of the Century States, maybe as far reaching as New don’t work with housing counselors Aurora 16 multiplex where the July 20, 2012, York. That work needs to be done. The and about 60 percent less likely to re- shooting occurred. They had 24 hours. children of Flint are still asking us to default after curing a serious delin- But before that deadline, the settlement would collapse and 15 survivors of the mas- respond to their concerns. The people quency. sacre would be ordered to pay the theater of Baton Rouge, Louisiana, are still That is the kind of agency that is chain more than $700,000. asking us to respond to the devastation being called some kind of slush fund. The settlement conference, corroborated that they are facing. Yet we deal with This is totally skewed into the needs of by the Los Angeles Times with four parties

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.039 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5123 present at the conference, was hastily con- other places to go in the Federal Gov- take some action. What did the body do vened after a separate set of survivors suf- ernment to get that money by simply back then? It adjourned for 7 weeks. fered defeat in state court, where a jury de- going around the Congress and going to This is a spectacle that the American cided that Cinemark could not have foreseen the Justice Department, having them people are looking at. You can’t help the events of that night in 2012, when James but to see it. You can’t help but to un- Holmes killed 12 people and injured 70 others take money that is supposed to go into in a 10-minute rampage at a screening of the Treasury and then be appropriated derstand it. The American people are ‘‘The Dark Knight Rises.’’ by the Congress, and say: No, no, we being adversely impacted by the poli- In the federal case, survivors agreed to will beef you back up in terms of the cies of my friends on the other side of split $150,000 among 41 plaintiffs. The deal amount of money for housing coun- the aisle. They have caught a bad case came with an implied threat: If the survivors seling and put that money, instead, to of the Trump syndrome, the Trump rejected the deal, moved forward with their you directly here without it going syndrome which causes people to forget case and lost, under Colorado law, they about the truth, forget about reality, would be responsible for the astronomical through the appropriations process in court fees accumulated by Cinemark. the people’s House. start seeing things the way that they Then one plaintiff rejected the deal. Her That is what we are trying to fix want to see them, and they don’t care suffering had been profound: Her child was here. It is a very, very important thing what impact it has on the American killed in the shooting, she was left paralyzed that we fix and a very important prin- people. All they want to do is be able and the baby she was carrying had been lost. ciple that we protect in our Constitu- to retain their positions, although they None of the plaintiffs would receive a tion. say that they hate government, they dime. Although a source close to the theater I reserve the balance of my time. want to be here so that they can shrink chain said that there is no intention to actu- Mr. JOHNSON of Georgia. Mr. Chair- government, make it smaller, leave ev- ally seek recovery of the court costs, the man, I yield myself such time as I may erything to the private sector, and theater chain has not issued any statement consume. leave the American people fending for about its intentions. Even though the Senate may take up themselves. Mr. GOODLATTE. Mr. Chairman, I this ill-fated measure, the President We have had that happening for yield myself such time as I may con- has promised to veto it. So what we are much too long. That is what the Amer- sume to respond to the gentlewoman doing here today is another messaging ican people are so angry about on both from Texas (Ms. JACKSON LEE), who is bill that distracts the American people sides of the aisle. That is why the a valued member of the Judiciary Com- perhaps from the more important mainstream portion of the other side of mittee, and we do work on bipartisan issues of the day, such as the spreading the aisle has completely lost control of issues. I will say that this issue is bi- of this public health crisis, the Zika their apparatus. We have the Trump partisan as well, and she should take virus, which is afflicting almost 17,000 syndrome that has taken hold, and this note of the fact that it is also bi- Americans infected by mosquitos car- body is sick because it is being led by cameral. The United States Senate is, rying the Zika virus—17,000 people—200 folks who have fallen victim to the indeed, interested in this issue. The bill babies born, 1,600 infected women. Trump syndrome. Enough is enough. that we are considering in the House This is a crisis that is going to cost The American people are sick and tired has also been introduced in the Senate the American people from a public of it. by Senator LANKFORD from Oklahoma. health perspective. It is going to cost With respect to Congress appro- Also very, very importantly, it is im- the lives of the unborn whose mothers priating funds, this Congress still has portant to understand that when the are afflicted with this virus, giving to pass a budget. But you are talking Congress appropriates funds, it is the birth to them, and they have the virus about dealing with what is called a duty of the executive branch to carry and suffer from microcephaly, a slush fund, the Stop Settlement Slush out the appropriations made by the shrunken head and brain which renders Funds Act of 2016. They say that Con- Congress, not to go out and change them severely developmentally im- gress should be the one to allocate re- those decisions. pacted as they make it through life and sources; it shouldn’t come out of a set- The gentlewoman talks about hous- add a severe burden to the taxpayers. tlement. Well, the fact is that there are ing counseling. Well, the Congress ap- Instead of dealing with this issue, we no public dollars coming to fruition in propriates funds for housing coun- took a 7-week vacation and refused to a settlement between a big bank and seling, has and will continue to do so, come back to work to deal with the the Justice Department. Those are all I am sure. When we cut back on some Zika virus. privately held funds that are being dis- of those funds—it is still a lot of funds. At the same time as we have got the gorged from the wrongdoer and placed When we cut back on some, I guess Zika virus, a public health issue af- back in the service of the very people there were some people, some bureau- flicting the Nation, we are also seeing that were harmed by the wrongdoing of crats in the Justice Department who more and more and more people dying the big banks. There is no legislative felt that that was not the right thing from opioid abuse in this country. This appropriation there because there is no to do. Or maybe it was the organiza- Congress has been insufficient in deal- public money. It is private money, but tions that receive these funds that ing with this, applying the resources to it is being redirected to those from couldn’t get them from the Congress, deal with that issue. whom it was wrongfully taken. That is so instead they went over to the Jus- We have got the issue of Flint, Michi- what makes this legislation so hurtful tice Department and said: Well, when gan, where lead was found in the water. to the process. you get settlements from these big This Congress has done absolutely I would ask my colleagues to, again, banks, make sure that you give some nothing to address the financial impli- be in opposition to it. of those funds to us. cations of that and what we can do to Mr. Chairman, I yield the balance of Well, that actually subverts the di- help remediate it and to keep it from my time to the gentleman from Michi- rect intent of the Congress in terms of happening. gan (Mr. CONYERS), my chairman—or how much money to spend. The funds Now we get East Chicago, Indiana, my ranking member. I say ‘‘chairman’’ are owed to the Treasury of the United with people living atop a lead dump, in a very hopeful way. States and to the people who are di- basically, thousands of people im- Mr. CONYERS. Mr. Chairman, the rectly the victims of wrongdoing. They pacted, and this Congress will do noth- gentleman from Georgia is much ap- should definitely be compensated. If ing. preciated in the clarity of his analysis they are compensated as a part of a That is not to mention anything and his commitment for us to use, if we settlement that any Justice Depart- about the other public health problem can, the right terminology when we are ment prosecutor enters into, they that afflicts the Nation, and that is the approaching these subjects, because should benefit from that. ongoing gun violence issue, which this this bill would prohibit the enforce- People who are not victims need to Congress will do nothing about other ment or negotiation of any settlement go through the appropriations process, than to hold a hearing on this coming agreement requiring donations to re- come to the Congress for funding. If Friday to censure those of us who had mediate harms that are not directly the Congress doesn’t give them the the gall to sit in the well of this House and proximately caused by a party’s funding they want, they shouldn’t have Chamber to demand that this body unlawful conduct.

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.010 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5124 CONGRESSIONAL RECORD — HOUSE September 7, 2016 My opposition to this measure, to nancial Services Committee that the effectual,’’ and they wanted to ‘‘ensure begin with, is that the bill will prohibit donation beneficiaries were ‘‘Democrat Congress would act as the first branch the use of various types of settlement special interests.’’ These include the of government.’’ Accordingly, they un- agreements that have been successfully Neighborhood Assistance Corporation derstood Congress ‘‘would less effi- used to remedy various harms caused of America, whose director calls him- ciently and less coherently devise fis- by reckless corporate actors. For ex- self a ‘‘bank terrorist.’’ Documents cal policy than would a single ‘treas- ample, these settlement agreements show that the groups that benefited urer’ or ‘fiscal czar.’ Yet they chose, have been utilized to facilitate an ef- from mandatory donation provisions for good reason, to suffer this cost and fective response to predatory and actively lobbied the DOJ to include bear its risks.’’ fraudulent mortgage lending activities them. This bipartisan legislation is a crit- that nearly caused the economic col- The bill’s opponents have proffered a ical opportunity to marry oversight lapse of our Nation. series of specious arguments. The prin- with action and to effectuate the cipal ones I refuted earlier. The others b 1445 Founders’ vision of Congress’ spending I will address now. power as key to reining in the execu- In fact, settlement agreements with We are told that required donations tive branch. This is a commonsense two of these culpable financial institu- represent just a fraction of the overall bill, the objections to which are un- tions—Bank of America and settlement amounts. That is true, but founded; so I urge all of my colleagues Citigroup—required a donation of less irrelevant. In absolute terms, there is a to support this bill. than 1 percent of the overall settle- tremendous amount of money—nearly Mr. Chairman, I yield back the bal- ment amount to help affected con- $1 billion—flowing to activist groups at ance of my time. sumers. the unilateral discretion of the execu- Mr. BLUMENAUER. Mr. Chair, today, I will H.R. 5063 is a dangerous measure that tive just in these financial service in- vote against H.R. 5063, a bill that would pro- would undermine the ability of civil dustry settlements and another $2 bil- hibit the federal government from entering into enforcement agencies to hold wrong- lion more for the Volkswagon settle- settlement agreements that include payments doers accountable and to provide com- ment. In any event, the $1 billion is directed to appropriate third parties. This bill, plete relief to victims. over twice the annual Congressional if enacted, would defang federal civil enforce- A broad coalition of public interest appropriation for the Legal Services ment agencies as they seek to address and organizations, including the Americans Corporation and is a huge windfall to provide restitution for illegal actions that for Financial Reform, Public Citizen, the recipient organizations. An anal- threaten a community’s health and safety and the National Fair Housing Alliance, ysis of 80 beneficiaries of the Bank of the environment, and to prevent the recur- and the National Urban League, notes America settlement revealed that, on rence of those illegal actions. that this bill is a gift to lawbreakers average, the DOJ required donations The harms caused by, for instance, viola- that comes at the expense of families accounted for more than 10 percent of tions of environmental laws, predatory lending and communities that are impacted by their 2015 budgets. Such largesse by financial institutions, and workplace expo- injuries that cannot be addressed by di- should not be conferred unilaterally. sure to toxic chemicals, harm individuals and rect restitution. The National Council Critics contend that there is insuffi- our communities. These harms can be difficult of La Raza, which is the largest na- cient evidence that the DOJ structured to adequately compensate. Settlements that tional Hispanic civil rights and advo- the settlements to direct funds to ac- only require payments to those directly cacy organization in our country, simi- tivist groups. This is disingenuous. The harmed by the wrongdoing addressed in the larly notes that H.R. 5063 is a far- opposition knows that the DOJ refuses enforcement action fails to adequately capture reaching and misguided solution to a to let the committee make the most the full cost of unlawful conduct. nonexistent problem. troubling documents it found public. For decades, the United States government I urge my colleagues to look at this Opponents also argued that manda- has entered into settlement agreements with bill clearly and to oppose this flawed tory donations are plainly lawful; but defendants to pay for the direct harms they legislation. the House Financial Services Com- have caused. In many instances, these settle- I thank the leader of this measure on mittee heard from three experts that ments also include payments to organizations the floor today, the gentleman from mandatory donations are an unconsti- that advance programs assisting with the re- Georgia. tutional subversion of Congress’ spend- covery of a community harmed by the wrong- Mr. JOHNSON of Georgia. Mr. Chair- ing power. That view is echoed by doing addressed in the enforcement action. man, I yield back the balance of my former President Clinton’s own head of The ability of the federal government to direct time. the Department of Justice’s Office of payments from these settlements to third par- Mr. GOODLATTE. Mr. Chairman, I Legal Counsel. Yet, even if these pay- ties is often the best way to hold wrongdoers yield myself such time as I may con- ments were not unlawful, they are defi- accountable for the indirect harm done to the sume. nitely bad policy, which is precisely public at large. First, I say to my friend, the gen- why legislation should prohibit them. The Acting CHAIR. All time for gen- tleman from Michigan (Mr. CONYERS), Another unfounded objection is that eral debate has expired. of course, the National Council of La it is unrealistic for Congress to legis- Pursuant to the rule, the bill shall be Raza would not like this legislation be- late redress every time a violation oc- considered for amendment under the 5- cause the National Council of La Raza curs that causes generalized harm. minute rule. is the largest beneficiary of what the In the banking settlements, the hous- It shall be in order to consider as an Justice Department is doing. They are ing groups that received donations original bill for the purpose of amend- getting the money. They are one of the were in categories that were already ment under the 5-minute rule the largest recipients. So I am not at all specifically receiving grants from Con- amendment in the nature of a sub- surprised to hear that they wouldn’t gress. This shows that the infrastruc- stitute, recommended by the Com- like us to stop this cozy relationship in ture to direct funding to community mittee on the Judiciary, printed in the which they go to the Justice Depart- projects is already in place. bill. The committee amendment in the ment and say, ‘‘Hey, we need more The Department of Justice could also nature of a substitute shall be consid- money,’’ and the Justice Department recommend to Congress, for example, ered as read. says, ‘‘Okay. In the next settlement we as part of the President’s budget, The text of the committee amend- do, we will send some of that money projects to fund that address general- ment in the nature of a substitute is as over to you.’’ This is an abuse. It is ized harm. follows: clearly a slush fund, and it needs to be Finally, as the renowned liberal legal H.R. 5063 stopped. scholar and former D.C. circuit judge, Be it enacted by the Senate and House of Rep- I prefer to focus on institutional con- Abner Mikva, has explained, on this resentatives of the United States of America in cerns with mandatory donations rather point, efficiency is outweighed by the Congress assembled, than on the nature of the recipients. principles of representative govern- SECTION 1. SHORT TITLE. However, there is no ignoring the trou- ment. The Founders knew the spending This Act may be cited as the ‘‘Stop Settlement bling May 19, 2016, testimony to the Fi- power was ‘‘the most far-reaching and Slush Funds Act of 2016’’.

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\CR\FM\K07SE7.042 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5125 SEC. 2. LIMITATION ON DONATIONS MADE PUR- cases typically seek payment and other ing relief. The Stop Settlement Slush SUANT TO SETTLEMENT AGREE- relief for economic losses that result Funds Act of 2016 explicitly permits re- MENTS TO WHICH THE UNITED STATES IS A PARTY. from unlawful employer conduct. These medial payments to third-party vic- (a) LIMITATION ON REQUIRED DONATIONS.—An cases often involve multiple victims tims who were wrongly and proxi- official or agent of the Government may not who are subjected to the same wide- mately harmed by the defendant’s enter into or enforce any settlement agreement spread discriminatory employment wrongdoing; nor does the bill preclude on behalf of the United States, directing or pro- practice or policy that violate the Civil wider conduct remedies used in dis- viding for a payment to any person or entity Rights Act. They also tend to affect crimination cases. Nothing in the bill other than the United States, other than a pay- the interests of persons who are not bars the Department of Justice, for ex- ment that provides restitution for or otherwise directly remedies actual harm (including to the parties to the civil action or who are ample, from requiring a defendant to environment) directly and proximately caused otherwise unlikely to receive com- implement workplace training and by the party making the payment, or constitutes pensation for unlawful conduct. monitoring programs. The ban on payment for services rendered in connection Given the often systemic nature of third-party payments merely ensures with the case. discriminatory conduct, settlement that the defendant remains responsible (b) PENALTY.—Any official or agent of the agreements should be able to provide for performing these tasks itself and is Government who violates subsection (a), shall be relief for non-identifiable victims not forced to outsource set sums for subject to the same penalties that would apply through such means as requiring pay- in the case of a violation of section 3302 of title the work to third parties that might be 31, United States Code. ments to address generalized harm or friendly with a given administration. (c) EFFECTIVE DATE.—Subsections (a) and (b) to prevent future discriminatory acts. I also say to the gentleman from apply only in the case of a settlement agreement Examples include workplace moni- Michigan that former Congressman concluded on or after the date of enactment of toring and training programs. Never- Dan Lungren of California, a distin- this Act. theless, H.R. 5063 would prohibit these guished former colleague of ours on the (d) DEFINITION.—The term ‘‘settlement agree- types of payment remedies unless they House Judiciary Committee, was in- ment’’ means a settlement agreement resolving a provide restitution for actual harm di- strumental in helping us move this leg- civil action or potential civil action. rectly and proximately caused by the islation forward and is a supporter of The Acting CHAIR. No amendment party making the payment. the legislation, notwithstanding the to the committee amendment in the At last month’s hearing on the bill, comments of the gentleman’s that nature of a substitute shall be in order Professor David Uhlmann of the Uni- might confuse people as to what his po- except those printed in House Report versity of Michigan Law School testi- sition was. He strongly supports this 114–724. Each such amendment may be fied that this requirement would poten- legislation. offered only in the order printed in the tially preclude all third-party pay- Mr. Chairman, I yield back the bal- report, by a Member designated in the ments and settlement agreements ance of my time. report, shall be considered read, shall other than restitution to identifiable b 1500 be debatable for the time specified in victims. The majority’s own witness, the report, equally divided and con- our former colleague, Daniel Lungren, The Acting CHAIR. The question is trolled by the proponent and an oppo- who previously served as California on the amendment offered by the gen- nent, shall not be subject to amend- State Attorney General, concurred. He tleman from Michigan (Mr. CONYERS). ment, and shall not be subject to a de- observed that the bill prohibits the The question was taken; and the Act- mand for division of the question. United States Government from enter- ing Chair announced that the ayes ap- AMENDMENT NO. 1 OFFERED BY MR. CONYERS ing into a settlement agreement that peared to have it. The Acting CHAIR. It is now in order requires a defendant to donate to an Mr. GOODLATTE. Mr. Chairman, I to consider amendment No. 1 printed in organization or individual who is not a demand a recorded vote. House Report 114–724. party to the litigation. The Acting CHAIR. Pursuant to Mr. CONYERS. Mr. Chair, I have an I am concerned that the bill’s broad clause 6 of rule XVIII, further pro- amendment at the desk. and ill-defined prohibition would effec- ceedings on the amendment offered by The Acting CHAIR. The Clerk will tively deter civil enforcement agencies the gentleman from Michigan will be designate the amendment. from providing general relief in dis- postponed. The text of the amendment is as fol- crimination cases, would discourage AMENDMENT NO. 2 OFFERED BY MR. CICILLINE lows: courts from enforcing these settle- The Acting CHAIR. It is now in order Page 3, line 11, insert after ‘‘settlement ments, and would invite costly and to consider amendment No. 2 printed in agreement’’ the following: ‘‘(other than an needless litigation concerning these House Report 114–724. excepted settlement agreement)’’. provisions. Accordingly, my amend- Mr. CICILLINE. Mr. Chairman, I Page 4, strike line 1, and insert the fol- ment would accept payments to reme- have an amendment at the desk. lowing: diate generalized harms in settlement The Acting CHAIR. The Clerk will (d) DEFINITIONS.—In this Act: agreements in this important category designate the amendment. (1) The term ‘‘excepted settlement agree- The text of the amendment is as fol- ment’’ means a settlement agreement that of civil rights cases. resolves a civil action or potential civil ac- I am indebted to and thank my col- lows: tion in relation to discrimination based on leagues: the gentleman from Georgia, Page 3, line 11, insert after ‘‘settlement race, religion, national origin, or any other who is leading this opposition to the agreement’’ the following: ‘‘(other than an protected category. measure—the ranking member of the excepted settlement agreement)’’. (2) The term ‘‘settlement agreement’’ Page 4, strike line 1, and insert the fol- Committee on Regulatory Reform, lowing: The Acting CHAIR. Pursuant to Commercial and Antitrust Law—as (d) DEFINITIONS.—In this Act: House Resolution 843, the gentleman well as the gentleman from New York, (1) The term ‘‘excepted settlement agree- from Michigan (Mr. CONYERS) and a Congressman MEEKS, for co-sponsoring ment’’ means a settlement agreement that Member opposed each will control 5 this amendment. I urge its support. pertains to the protection of the privacy of minutes. Mr. Chairman, I yield back the bal- Americans. The Chair recognizes the gentleman ance of my time. (2) The term ‘‘settlement agreement’’ from Michigan. Mr. GOODLATTE. Mr. Chairman, I The Acting CHAIR. Pursuant to Mr. CONYERS. Mr. Chairman, my rise in opposition to the amendment. House Resolution 843, the gentleman amendment would exempt from the The Acting CHAIR. The gentleman from Rhode Island (Mr. CICILLINE) and legislation settlement agreements that from Virginia is recognized for 5 min- a Member opposed each will control 5 provide payments to third parties as utes. minutes. general relief for violations of title VII Mr. GOODLATTE. Mr. Chairman, the The Chair recognizes the gentleman of the Civil Rights Act of 1964. amendment would exempt certain dis- from Rhode Island. Title VII prohibits discrimination in crimination settlements from the bill’s Mr. CICILLINE. Mr. Chairman, my employment on the basis of race, color, ban on third-party payments, but noth- amendment would exempt settlement sex, religion, or national origin. Plain- ing in the underlying bill prevents a agreements that strengthen the per- tiffs in employment discrimination victim of discrimination from obtain- sonal privacy of Americans from the

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My amendment would simply ensure by adopting a privacy program, em- More specifically, it would preserve the that these agreements, which protect ployee training and monitoring re- ability of civil enforcement agencies to the privacy of American consumers, quirements, third-party auditing, reg- compel large corporations to adopt pro- are not endangered by this bill’s vague ular testing of privacy controls and grams to protect consumer data. and broad prohibition on payments in procedures, and other reasonable steps Under this bill, these agencies would settlement agreements. to maintain security practices con- be prohibited from reaching settlement I urge my colleagues to support my sistent with the underlying settlement. agreements that provide payments to amendment. The protection of Americans’ privacy nongovernmental parties. It would I reserve the balance of my time. is not a Democratic or a Republican only exempt payments to provide res- Mr. GOODLATTE. Mr. Chairman, I issue. Indeed, it is one of the few that titution for actual harm directly and rise in opposition to the amendment. those across the political spectrum proximately caused by the party mak- The Acting CHAIR. The gentleman have long embraced, including my ing the payment. As a result, H.R. 5063 from Virginia is recognized for 5 min- friends on the other side of the aisle. would potentially prohibit payments utes. Yet, notwithstanding these shared con- for required monitoring and other pay- Mr. GOODLATTE. Mr. Chairman, I cerns, this bill could impose burden- ments for generalized harm due to pri- oppose this amendment. The amend- some requirements on settlement vacy breaches. ment would exempt settlement agree- agreements that are intended to pro- As Professor David Uhlmann of the ments pertaining to the protection of tect privacy. University of Michigan Law School Americans’ privacy, but nothing in the I voice my support for the amend- pointed out during the subcommittee underlying bill prevents victims of a ment. hearing for this bill, it could ‘‘preclude privacy invasion from obtaining relief. The Acting CHAIR. The time of the all third-party payments in settlement The Stop Settlement Slush Funds gentleman from Rhode Island has ex- agreements, other than restitution to Act of 2016 explicitly permits remedial pired. identifiable victims.’’ payments to third-party victims who Mr. GOODLATTE. Mr. Chairman, I This is particularly problematic in are directly and proximately harmed yield back the balance of my time. the consumer privacy context where by the defendant’s wrongdoing, nor The Acting CHAIR. The question is the harms may be diffuse or systemic. does the bill preclude wider conduct on the amendment offered by the gen- In such instances, the most appropriate remedies used in privacy cases. tleman from Rhode Island (Mr. remedy may involve prescribing steps Nothing in the bill bars DOJ from re- CICILLINE). that effectively prevent future mis- quiring a defendant to implement The question was taken; and the Act- conduct rather than ones that focus ex- measures to strengthen privacy. The ing Chair announced that the ayes ap- clusively on addressing previous faults. ban on third-party payments merely peared to have it. For instance, the Federal Trade Com- ensures that the defendant remains re- Mr. GOODLATTE. Mr. Chairman, I mission has used its authority under sponsible for performing these privacy- demand a recorded vote. Section 5(a) of the FTC Act to resolve strengthening tasks and is not forced The Acting CHAIR. Pursuant to complaints involving unfair or decep- to outsource set sums for the work to clause 6 of rule XVIII, further pro- tive practices. third parties who might be friendly ceedings on the amendment offered by As part of settlement agreements for with a given administration. the gentleman from Rhode Island will these complaints, the FTC typically re- Accordingly, I urge my colleagues to be postponed. quires the offending party to adopt a oppose this amendment. AMENDMENT NO. 3 OFFERED BY MS. JACKSON series of preventative privacy meas- I reserve the balance of my time. LEE ures. These requirements usually in- Mr. CICILLINE. Mr. Chairman, I The Acting CHAIR. It is now in order clude employee training and moni- yield the balance of my time to the to consider amendment No. 3 printed in toring requirements, third-party audit- gentleman from Georgia (Mr. JOHN- House Report 114–724. ing, regular testing of privacy control SON). Ms. JACKSON LEE. Mr. Chairman, I and procedures, and other reasonable Mr. JOHNSON of Georgia. Mr. Chair- have an amendment at the desk. steps to maintain data security prac- man, with increased opportunities for The Acting CHAIR. The Clerk will tices consistent with the underlying private organizations to obtain, main- designate the amendment. settlement. tain, and disseminate sensitive private The text of the amendment is as fol- These steps are not frivolous, and the information of citizens, it is critical lows: payments involved are not opaque con- that we not prevent or delay enforce- Page 3, line 11, insert after ‘‘settlement tributions to any so-called slush funds. ment of consumer protection laws de- agreement’’ the following: ‘‘(other than an To the contrary, these programs are signed to protect Americans’ privacy excepted settlement agreement)’’. carefully tailored to protect consumer rights. Page 4, strike line 1, and insert the fol- lowing: As Professor David Uhlmann of privacy. Such agreements are an im- (d) DEFINITIONS.—In this Act: portant and substantive component of Michigan Law noted during the hearing (1) The term ‘‘excepted settlement agree- the toolbox that enforcement agencies on H.R. 5063, this measure ‘‘fails to ade- ment’’ means a settlement agreement that have at their disposals. But under the quately address the fact that general- pertains to providing restitution for a State. terms of H.R. 5063, these programs ized harm arises in civil cases,’’ includ- (2) The term ‘‘settlement agreement’’ would be likely prohibited since they ing cases brought under consumer pro- The Acting CHAIR. Pursuant to do not provide restitution to an identi- tection laws under section 5 of the Fed- House Resolution 843, the gentlewoman fiable victim or a party to the litiga- eral Trade Commission Act. from Texas (Ms. JACKSON LEE) and a tion. H.R. 5063 only exempts payments to Member opposed each will control 5 The majority claims that their bill parties other than the government to minutes. would allow for monitoring, but that is provide restitution for actual harm The Chair recognizes the gentle- unclear in the language and, at best, ‘‘directly and proximately caused by woman from Texas. would have to be litigated by the the party making the payment.’’ Con- Ms. JACKSON LEE. Mr. Chairman, I courts. Moreover, any monitoring al- gress has expressly granted authority want to, again, reiterate that words do lowed by this language would be done to the Federal Trade Commission, how- matter. The naming of this bill, unfor- by the very defendant paying restitu- ever, to resolve complaints against cor- tunately, skews and distorts a legiti- tion in these cases, which defies best porations for unfair or deceptive acts mate right that agencies in litigation practices, especially in privacy cases. or practices under section 5 of the FTC have. In cases of data breaches, in which it Act. In particular, I want to take note of is frequently impossible to identify all As part of resolving potential civil li- the fact, again—I think it is always im- victims of a leak, it is common to put ability of corporations for unlawful portant to set the record straight—that funds into victim relief funds or con- conduct, FTC settlement agreements the settlement donations have been 1.1 sumer privacy funds, which would be typically require parties to address percent of $23.5 billion, that a govern- prohibited by this legislation as well. generalized harms of unlawful conduct ment-independent entity has indicated

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.048 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5127 that these settlements are lawful. The through a settlement agreement resulting from Funds Act of 2016 explicitly permits re- sledgehammer effect that has been the Deepwater Horizon oil spill, that included medial payments to third-party vic- taken in order to ensure that we stop funds to several Gulf states, including Texas, tims who are directly and proximately victims, innocent persons from getting where Texas was not party to the complaint, harmed by the defendant’s wrongdoing, some relief is unbelievable. but received $3.25 million for SEPs and other which would include States. So the Jackson Lee amendment No. 3 responsive actions. If there is no State that is a true vic- would address the problematic concern Professor Joel Mintz of Nova Southeastern tim, the defendant is not let off the with H.R. 5063, which would only ex- University College of Law, a former chief attor- hook. It still must pay. But in the ab- empt payments to third parties to pro- ney with the EPA, noted in his written state- sence of direct victims, the money goes vide restitution for actual harm di- ment on H.R. 5063, that the proposed bill to the U.S. Treasury. That is appro- rectly and proximately caused by the would prohibit these agreements. priate because if the State is not a di- party making the payment. That is, many of the important benefits now rect victim, accountable Representa- The Jackson Lee amendment No. 3 provided by EPA’s SEPs program would be tives in Congress, not agency bureau- would carve out an additional exemp- excluded by H.R. 5063. crats, should decide whether the State tion to enable States to act as third- The bill’s definition, according to Professor should receive money recovered by the party actors with the ability to remedy Mintz, excludes ‘‘any payment by a party to Federal Government. generalized harm for mass injuries provide restitution for or otherwise remedy the Accordingly, I urge my colleagues to where the actual party responsible for actual harm (including to the environment), di- oppose this amendment. directly or proximately causing the rectly and proximately caused by the alleged I reserve the balance of my time. harm is there. conduct of the party that is the basis for the Ms. JACKSON LEE. Mr. Chairman, For example, the Jackson Lee settlement agreement.’’ quite the contrary to my dear friend, amendment No. 3 would allow for As such, this exception is too narrowly this bill is unclear. It is not clear. So States, such as Texas and other Gulf drawn to allow for numerous beneficial uses of victims are impacted positively by en- Coast States, to address the environ- SEP monies. vironmental restoration projects, in- mental harms resulting in settlement Thus, for example, the bill would appear to cluding activities to protect local eco- agreements to impacted parties such as ban the following entirely legitimate, appro- systems, facility assessments and au- those harmed by a variety of man- priate uses of SEP funds that are currently dits, including investigations of local made disasters. permitted by EPA: environmental quality, programs that I urge adoption of this particular Pollution prevention projects that improve promote environmental compliance, amendment because, again, it would plant procedures and technologies, and/or op- projects that provide technical assist- provide an opportunity for States to eration and maintenance practices, that will ance or equipment. remediate generalized harm of unlaw- prevent additional pollution at its source; Each of these types of programs pro- ful conduct beyond harms to identifi- Environmental restoration projects including vide important protections of human able victims. activities that protect local ecosystems from health and the environment in commu- I believe, in particular, the bill here actual or potential harm resulting from the vio- nities that have been harmed by envi- that we have would ban the following lation; ronmental violations and others. entirely legitimate, appropriate uses of Facility assessments and audits, including It is not clear whether or not these SEP funds that are currently per- investigations of local environmental quality, kinds of projects or programs that the mitted by EPA: pollution prevention environmental compliance audits, and inves- State may be able to utilize are, in projects that improve plant procedures tigations into opportunities to reduce the use, fact, able to be utilized in this legisla- and technologies and/or operation and production and generation of toxic materials; tion. That is why I offer amendment Programs that promote environmental com- maintenance practices that will pre- No. 3. vent additional pollution at its source. pliance by promoting training or technical sup- Again, I will raise the terrible head- I ask my colleagues to support the port to other members of the regulated com- line of victims having to pay $700,000. amendment. munity; and Let’s not make victims pay by this un- Mr. Chair, the Jackson Lee Amendment No. Projects that provide technical assistance or derlying bill, H.R. 5063. Let’s support 3 exempts from H.R. 5063 settlement agree- equipment to a responsible state or local the Jackson Lee amendment that ments that pertain to providing restitution for a emergency response entity for purposes of takes into consideration the victims State. emergency planning or preparedness. who need to be compensated and pro- Mr. Chair, H.R. 5063, as currently drafted, is Each of these types of programs provide im- vide a pathway for restoration. flawed and misguided. portant protections of human health and the This bill seeks to exempt only those pay- environment in communities that have been I urge my colleagues to support the ments to parties other than the government to harmed by environmental violations. Jackson Lee amendment No. 3. provide restitution for actual harm ‘‘directly and However, because they are unlikely to be I yield back the balance of my time. proximately caused by the party making the construed as redressing ‘‘actual (environ- Mr. GOODLATTE. Mr. Chairman, I payment.’’ mental) harm, directly and proximately yield myself the balance of my time to Mr. Chair, I urge adoption of the Jackson caused’’ by the alleged violator, the bill before say, again, that direct victims, like the Lee Amendment No. 3 which seeks to ad- this committee would prohibit every one of one that the gentlewoman has cited, in dress the additional case exception for those them. a terrible case are not in any way af- instances where funds are directed to states The Jackson Lee Amendment No. 3 would fected by this legislation because they to remediate the generalized harm of unlawful eliminate this harmful prohibition by imple- can be compensated. conduct beyond harms to identifiable victims. menting a common sense exception for these It is the reappropriating of funds, if One clear example of where such an ex- very types of cases. you will, to people who are not in any emption is needed is concerning the Deep- Accordingly, I urge my colleagues to support way harmed by the underlying lawsuit water Horizon Settlement agreements direct- the Jackson Lee Amendment No. 3. that is our complaint because those ing payments to states as third parties for gen- I reserve the balance of my time. dollars should be coming to the U.S. eral remediation of harms. Mr. GOODLATTE. Mr. Chairman, I Treasury to be appropriated by the Under current law, the Environmental Pro- rise in opposition to the amendment. people’s elected Representatives here tection Agency (EPA) may include Supple- The Acting CHAIR. The gentleman in the House of Representatives. mental Environmental Projects (SEPs) in set- from Virginia is recognized for 5 min- For that reason, I oppose this legisla- tlement agreements to offset the harms of un- utes. tion, and I urge my colleagues to join lawful conduct by requiring parties to under- Mr. GOODLATTE. Mr. Chairman, me in opposing this amendment. take an environmentally beneficial project or this amendment would exempt settle- I yield back the balance of my time. activity that is not required by law, but that a ments providing restitution to a State, The Acting CHAIR. The question is defendant agrees to undertake as part of the but that is unnecessary. Nothing in the on the amendment offered by the gen- settlement of an enforcement action. underlying bill prevents States that tlewoman from Texas (Ms. JACKSON In 2012, the EPA and Justice Department have been wronged from obtaining res- LEE). resolved the civil liability of MOEX Offshore titution. The Stop Settlement Slush The amendment was rejected.

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.050 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5128 CONGRESSIONAL RECORD — HOUSE September 7, 2016 AMENDMENT NO. 4 OFFERED BY MS. JACKSON dition to paying $582,000, Suffolk Laun- have led this country—haltingly but inex- LEE dry will adopt new procedures to pre- orably—in the direction of fairness, inclusion The Acting CHAIR. It is now in order vent sexual harassment and will train and equality for all Americans.’’ to consider amendment No. 4 printed in its managers and staff on identifying Enforcing these rights is as important today House Report 114–724. and preventing sexual harassment and as they were during the enactment of the Civil Ms. JACKSON LEE. Mr. Chairman, I retaliation. The policies and staff Rights Act over fifty years ago. have amendment No. 4 at the desk. training will be available in Spanish. H.R. 5063 would prohibit remediation of The Acting CHAIR. The Clerk will EEOC will monitor Suffolk Laundry’s generalized harm in civil rights cases, restrict- designate the amendment. compliance with these obligations and ing relief for non-parties to the litigation and The text of the amendment is as fol- title VII of the Civil Rights Act of 1964 non-identifiable victims of discrimination. lows: for a period of 4 years. Professor David Uhlmann observed during Page 3, line 11, insert after ‘‘settlement Because of this consent decree, these last month’s hearing on this bill ‘‘fails to ade- agreement’’ the following: ‘‘(other than an women will receive due compensation quately address the fact that generalized harm excepted settlement agreement)’’. for the abuse they suffered; and there arises in civil cases,’’ including cases involving Page 4, strike line 1, and insert the fol- is confidence, with the consent decree ‘‘harm to our communities . . . that cannot be lowing: in place and the conditions of that con- addressed by restitution.’’ (d) DEFINITIONS.—In this Act: In these cases, Professor Uhlmann con- (1) The term ‘‘excepted settlement agree- sent decree, that no more employees will be victimized in the future. cluded, third-party payments are appropriate. ment’’ means a settlement agreement that Yet, the Majority witness, Daniel Lungren, resolves a civil action or potential civil ac- In another example of an EEOC sex tion in relation to sexual harassment, vio- discrimination lawsuit—and so there specifically testified on behalf of the Chamber lence, or discrimination in the workplace. will be those that will help implement that the bill should prohibit ‘‘the U.S. govern- (2) The term ‘‘settlement agreement’’ this settlement—the Cintas Corpora- ment from entering into a settlement agree- The Acting CHAIR. Pursuant to tion settled to pay $1.5 million. The ment requiring a defendant to donate to an or- House Resolution 843, the gentlewoman corporation entered into a further ganization or individual not a party to the liti- from Texas (Ms. JACKSON LEE) and a agreement: to hire an outside expert to gation.’’ Member opposed each will control 5 reevaluate the criteria used to screen, The Jackson Lee Amendment No. 4 would minutes. interview, and select employees and remedy this flaw by creating an exception to The Chair recognizes the gentle- the interview guides used in employee cases where settlement funds are directed to woman from Texas. hiring; to provide training to the indi- the remediation of generalized harm other Ms. JACKSON LEE. Mr. Chairman, viduals involved in the selection of em- than restitution to identifiable victims. For instance, in the settlement of an EEOC again, as I have indicated, there are ployees, whereby such training would sexual harassment case of female laundry victims that are not in the purview or cover record retention and an expla- workers and a consent decree resolving the even in the eyesight of this legislation nation of what constitutes an unlawful case provides that: that will be harmed by this legislation. employment practice under title VII; In addition to paying $582,000, Suffolk The Jackson Lee amendment No. 4 to continue to provide diversity, har- Laundry will adopt new procedures to prevent would address the problematic concern assment, and antidiscrimination train- sexual harassment and will train its managers with H.R. 5063, which would only pro- ing annually to employees; to post a and staff on identifying and preventing sexual vide an exemption for payments to par- notice informing employees that Fed- harassment and retaliation. ties, other than the government, to eral law prohibits discrimination; and The policies and staff training will be avail- provide restitution for actual harm di- to report to EEOC over an approximate able in Spanish. rectly and proximately caused by the 28-month period information and mate- EEOC will monitor Suffolk Laundry’s compli- party making the payment. The Jack- rials on training programs, recruiting ance with these obligations and Title VII of the son Lee amendment would provide an logs, descriptions, and explanations for Civil Rights Act of 1964 for a period of four exemption for cases where funds are any changes. years. necessary to remedy generalized harm, I would argue the point that this Because of this consent decree, these other than for restitution, to specific helps to promote the antidiscrimina- women will receive due compensation for the or immediately identifiable victims. tion necessary to correct the pathway abuse they suffered and, there is confidence, In particular, Jackson Lee amend- that some have found their way in. The with the consent decree in place and the con- ment No. 4 would allow the Federal Jackson Lee amendment No. 4 would ditions of that consent decree, that no more Government to engage with third par- create an appropriate exemption to the employees will be victimized in the future. ties that help carry out settlement absolute block and prohibition that the In another example of an EEOC sex dis- agreements—again, settlement agree- underlying legislation provides. crimination lawsuit where Cintas Corporation ments—dollars that are under the pur- Mr. Chair, the Jackson Lee Amendment No. settled to pay $1.5 million, the corporation en- view of the settlement and that are 4 exempts from H.R. 5063 settlement agree- tered into a further agreement: minute in distribution, indicated 1.1 ments that resolves a civil action or potential To hire an outside expert to revalidate the percent, in furtherance of resolution of civil action in relation to sexual harassment, vi- criteria used to I screen, interview and select the civil action or potential civil ac- olence, or discrimination in the workplace. employees and the interview guides used in tion in specific relation to sexual har- Mr. Chair, H.R. 5063 as currently drafted is employee hiring. assment, violence, or discrimination in flawed and misguided. To provide training to the individuals in- the workplace. This bill seeks to exempt only those pay- volved in the selection of employees, whereby ments to parties other than the government to such training would cover record retention and b 1515 provide restitution for actual harm ‘‘directly and an explanation of what constitutes an unlawful Jackson Lee amendment No. 4 would proximately caused by the party making the employment practice under Title VII. carve out this additional exception to payment.’’ To continue to provide diversity, harassment protect such actions and the ability to A few months ago we saw that the Justice and antidiscrimination training annually to em- provide the mediators or other third Department filed a federal civil rights lawsuit ployees. parties to intervene on behalf of civil against the state of North Carolina and other To post a notice informing employees that action litigants. parties declaring North Carolina House Bill 2’s federal law prohibits discrimination, and to re- It is clear that we have had a number restroom restriction unlawfully discriminatory. port to EEOC over an approximate 28-month of civil rights violations in this coun- Attorney General Loretta Lynch stated that period information and materials on training try. We are not yet through with over- this complaint was about ‘‘a great deal more programs; recruiting logs; descriptions and ex- coming discrimination in many aspects than just bathrooms.’’ planations for any changes made to the em- of life, particularly in workplace dis- She explained: ployee hiring process; its expert revalidation crimination. ‘‘This is about the dignity and respect we findings; unprivileged materials and reports For instance, in the settlement of an accord our fellow citizens and the laws that from any audits made of a facility’s employee EEOC sexual harassment case of fe- we, as a people and as a country, have en- hiring or recruitment methods or practices, male laundry workers, a consent decree acted to protect them—indeed, to protect all of should an audit be done; record retention and resolving the case provides that in ad- us. And it’s about the founding ideals that reporting on applicant data.

VerDate Sep 11 2014 02:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 9920 E:\CR\FM\K07SE7.052 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5129 According to EEOC General Counsel, David place discrimination, sexual violence, The text of the amendment is as fol- Lopez, the injunctive relief obtained provides none of these things. lows: confidence and a strong foundation for elimi- I can’t, for the life of me, understand Add at the end of the bill the following: nating barriers in recruiting and hiring women why the Jackson Lee amendment No. 4 (e) SPECIAL RULE FOR ATTORNEY FEES IN and will prevent the reoccurrence of this type would not be an acceptable affirmation ENVIRONMENTAL CASES.—In the case of a set- of situation. that it is all right for these corpora- tlement agreement which is permissible tions to engage with other entities under subsection (a), and which directs or The Jackson Lee Amendment No. 4 would provides for payment for services rendered in have a direct impact on these very types of that can do the job better than them. Let’s work together to eliminate dis- connection with a case relating to the envi- cases by providing an exception to cases ronment, the settlement agreement may not where funds are directed to the remediation of crimination in America once and for provide for payment of attorney fees in ex- generalized harm, as highlighted in the above all, and let’s work together so that we cess of $125 per hour. agreements that falls within the category of don’t read any more headlines like the The Acting CHAIR. Pursuant to other than direct restitution to the identifiable Aurora, Colorado, headline victims, House Resolution 843, the gentleman where they were told to pay $700,000 victims. from Arizona (Mr. GOSAR) and a Mem- Accordingly, I urge adoption of the Jackson back to the theater. I am appalled, and ber opposed each will control 5 min- Lee Amendment No. 4. I think none of us would agree with utes. Mr. Chairman, I reserve the balance that. The Chair recognizes the gentleman of my time. I ask my colleagues to support the from Arizona. Mr. GOODLATTE. Mr. Chairman, I Jackson Lee amendment No. 4. It is Mr. GOSAR. Mr. Chairman, I rise rise in opposition to the amendment. right for justice and equality. today to offer a commonsense amend- Mr. Chairman, I yield back the bal- The Acting CHAIR. The gentleman ment that will prevent the abuse of ance of my time. from Virginia is recognized for 5 min- Justice Department settlements to line Mr. GOODLATTE. Mr. Chairman, I utes. the pockets of environmental lawyers. yield myself the balance of my time. Mr. GOODLATTE. Mr. Chairman, The Gosar amendment caps settle- this amendment would exempt settle- The fact of the matter is that the principle here of making sure that ment payments for attorneys’ fees pro- ments resolving workplace sexual har- vided in relation to environmental assment, violence, or discrimination; when the Department of Justice goes and extracts settlement payments from cases at $125 per hour. The Equal Ac- but nothing in the underlying bill pre- cess to Justice Act, EAJA, already con- vents victims of workplace harass- defendants in lawsuits brought against them is spent to directly compensate tains a fee cap of $125 per hour for at- ment, violence, or discrimination from torney fees. Unfortunately, EAJA also obtaining relief. the victims is what this legislation is all about. We want to see them com- contains a loophole that allows special- The Stop Settlement Slush Funds ized attorneys to violate that cap with- Act of 2016 explicitly permits remedial pensated. We also want to make sure that if out explicitly defining who meets this payments to third-party victims who they are not harmed by this, it doesn’t standard. The result has been the were directly and proximately harmed matter who they are. It could be a Re- rampant abuse of this loophole by envi- by the defendant’s wrongdoing. Nor publican administration and their fa- ronmental groups who routinely argue does the bill preclude wider conduct vored groups may be a whole different that their lawyers are specialized and remedies used in discrimination cases. list of organizations that might be sit- can therefore violate the cap. Further- Nothing in the bill debars the De- more, the Endangered Species Act does partment of Justice from requiring a ting there at the door hoping to be able to get some money from the Federal not contain this cap. defendant to implement workplace As a report by the Congressional training and monitoring programs. The trough by simply applying to a Federal prosecutor or a Federal bureaucrat in- Working Group on the Endangered Spe- ban on third-party payments merely cies Act explains: ‘‘The effect is large, ensures that the defendant remains re- stead of going through the process that the United States Constitution re- deep-pocketed environmental groups sponsible for performing these tasks with annual revenues well over $100 itself and is not forced to outsource set quires, and that is that Article I of the Constitution says the Congress shall million are reaping taxpayer reim- sums for the work of two third parties bursements from a law intended for the who might be friendly with a given ad- appropriate funds. If the funds are not to go to people directly harmed, they ‘little guy.’ ministration. ‘‘These groups—and their lawyers— should come to the General Treasury; Accordingly, I urge my colleagues to are making millions of taxpayer dol- and the Congress itself, the people’s oppose this amendment, and I reserve lars by suing the Federal Government, elected representatives in the people’s the balance of my time. being deemed the ‘prevailing party’ by House, should appropriate the funds as Ms. JACKSON LEE. Mr. Chairman, I Federal courts, and being awarded fees think the chairman of the Committee they believe is most appropriate. Mr. Chairman, I urge my colleagues either through settlement with DOJ or on the Judiciary just answered, this is to oppose this amendment. by courts. a political bill. If an independent enti- I yield back the balance of my time. ‘‘According to the documents pro- ty in the settlement wants to retain an The Acting CHAIR. The question is vided by DOJ, some attorneys rep- entity to help train, to help provide in- on the amendment offered by the gen- resenting nongovernmental entities formation, to speak Spanish, why is tlewoman from Texas (Ms. JACKSON have been reimbursed at rates as much that prohibited? LEE). as $500 per hour, and at least two law- My amendment says there should be The question was taken; and the Act- yers have each received over $2 million an affirmative affirmation through an ing Chair announced that the noes ap- in attorneys’ fees from filing ESA exemption that this is not disallowed peared to have it. cases.’’ because specifically what they are try- Ms. JACKSON LEE. Mr. Chairman, I Perhaps most egregious, many of ing to go to is blocking the particular demand a recorded vote. these lawsuits are not even litigated. settlement and the parties from mak- The Acting CHAIR. Pursuant to These attorneys are raking in these ri- ing an informed decision as to who clause 6 of rule XVIII, further pro- diculously high fees by filing and set- would best implement the settlement; ceedings on the amendment offered by tling. This has massively incentivized and if that required funding to do so to the gentlewoman from Texas will be the ‘‘sue and settle’’ tactics that have an entity that may happen to be a civil postponed. become all too common in these types rights group, an NAACP, an Urban AMENDMENT NO. 5 OFFERED BY MR. GOSAR of cases. League, La Raza, then it seems that The Acting CHAIR. It is now in order Again, U.S. Code section 504, sub- my friends on the other side of the to consider amendment No. 5 printed in section (b)(1) already caps attorney aisle want to make sure that those or- House Report 114–724. fees at $125 per hour. My amendment ganizations’ storied histories in civil Mr. GOSAR. Mr. Chairman, I have an simply closes the loophole that envi- rights does not get a chance to help im- amendment at the desk. ronmental groups use to violate this prove and to eliminate sexual harass- The Acting CHAIR. The Clerk will cap and charge inordinate attorney ment, workplace harassment, work- designate the amendment. fees at taxpayer expense.

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.016 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5130 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Similar legislation has been intro- that he has cited, but this amendment AMENDMENT NO. 6 OFFERED BY MR. TOM PRICE duced in the past, including the Endan- could also have significant, unintended OF GEORGIA gered Species Litigation Reasonable- adverse consequences. First and fore- The Acting CHAIR. It is now in order ness Act, introduced by Representative most, it could hinder the ability of to consider amendment No. 6 printed in HUIZENGA. As Representative HUIZENGA small businesses challenging govern- House Report 114–724. accurately stated in April of 2015: ‘‘The ment overreach to obtain representa- Mr. TOM PRICE of Georgia. Mr. goal of the Endangered Species Act is tion. This could occur, for example, in Chairman, I have an amendment at the to enhance wildlife preservation, not Fifth Amendment takings cases, many desk made in order under the rule. line the pockets of trial attorneys with of which involve the environment. The Acting CHAIR. The Clerk will taxpayer dollars. Every taxpayer dollar Indeed, fee recoveries under the designate the amendment. spent on litigation is a dollar that Equal Access to Justice Act, although The text of the amendment is as fol- could have been spent protecting the often abused by environmental NGOs, lows: environment.’’ as was cited by the gentleman from Ar- Add at the end of the bill the following: This amendment is endorsed by the izona, were originally intended to go to (e) REPORTS ON SETTLEMENT AGREE- MENTS.— Americans for Limited Government, small businesses and other small enti- (1) IN GENERAL.—Beginning at the end of the American Conservative Union, ties to help them sue against over- Family Farm Alliance, the Motorcycle the first fiscal year that begins after the reaching government action. The prob- date of the enactment of this Act, and annu- Industry Council, National Rural Elec- lem he cites needs to be addressed, but ally thereafter, the head of each Federal tric Cooperative Association, the Rec- not here. Accordingly, I urge my col- agency shall submit electronically to the reational Off-Highway Vehicle Associa- leagues to oppose the amendment. Congressional Budget Office a report on each tion, the Specialty Vehicle Institute of Mr. GOSAR. Mr. Chairman, first of settlement agreement entered into by that America, Taxpayers Protection Alli- all, I would like to agree with the agency during that fiscal year that directs or ance, the U.S. Chamber of Commerce, chairman on his analysis of the Equal provides for a payment to a person or entity and the Arizona Farm Bureau. other than the United States that provides Access to Justice Act. It has been restitution for or otherwise directly rem- I commend the chairman and the abused. As I mentioned before, environ- committee for their efforts on this leg- edies actual harm (including to the environ- mental groups with well over $100 mil- ment) directly and proximately caused by islation and for recognizing that the lion in annual revenues are using the the party making the payment, or con- settlement process is in desperate need law intended to protect the little guy stitutes payment for services rendered in of reform. to siphon money from the American connection with the case, including the par- Mr. Chairman, I reserve the balance taxpayers. That is why my amendment ties to each settlement agreement, the of my time. is so important. By closing this loop- source of the settlement funds, and where Mr. JOHNSON of Georgia. Mr. Chair- and how such funds were and will be distrib- man, I rise in opposition to the amend- hole, we can uphold the intent of the uted. ment. law and ensure its continued efficacy. (2) PROHIBITION ON ADDITIONAL FUNDING.— The Acting CHAIR. The gentleman Furthermore, line 15 of the Stop Set- No additional funds are authorized to be ap- from Georgia is recognized for 5 min- tlement Slush Funds Act contains a propriated to carry out this subsection. utes. carve-out for environmental litigation. (3) SUNSET.—This subsection shall cease to Mr. JOHNSON of Georgia. Mr. Chair- My amendment is, therefore, both ger- be effective on the date that is 7 years after the date of the enactment of this Act. man, this amendment would limit the mane and critical to preventing attor- ability of the prevailing party to re- neys in these environmental lawsuits The Acting CHAIR. Pursuant to ceive reasonable attorneys’ fees for from using the currently existing loop- House Resolution 843, the gentleman services rendered in connection with a hole to charge upwards of $500 per hour from Georgia (Mr. TOM PRICE) and a settlement agreement. for their service. Member opposed each will control 5 Where citizens, through a private en- As my colleague Representative minutes. forcement action, hold the government HUIZENGA has perviously pointed out, The Chair recognizes the gentleman or a private party accountable, Con- every dollar spent on litigation is a from Georgia. gress has authorized payments for rea- dollar that cannot go to protecting or Mr. TOM PRICE of Georgia. Mr. sonable attorneys’ fees. restoring the environment. Chairman, let me first commend Chair- Bringing meritorious claims to hold I also want to make clear that my man GOODLATTE for his work on the corporate wrongdoing accountable is amendment does nothing to prohibit underlying bill. I want to thank him often time consuming and expensive. In groups from engaging in litigation or and the staff of the Judiciary Com- many cases, Congress has already au- to prohibit repayments for their legal mittee for their support and assistance thorized reasonable attorneys’ fees spe- fees. The $125 cap already exists in cur- on crafting this and the following cifically to encourage these types of rent law. My amendment simply closes amendment. I also want to thank the lawsuits to ensure a level playing field the loophole that environmental chairman, staff, and members of the and an accessible justice system. groups have used to exceed that cap. Rules Committee for their help as well. This amendment would limit these Once again, I would like to thank my This amendment, Mr. Chairman, re- fees to outdated rates—$125 an hour; colleagues for their efforts on this im- quires the head of each Federal agency that is ridiculous—and that will dis- portant issue. I encourage the passage to provide an annual electronic report courage citizens from bringing these of the Gosar amendment. to the Congressional Budget Office of important lawsuits. Accordingly, I en- Mr. Chairman, I yield back the bal- any settlement agreements entered courage my colleagues to oppose this ance of my time. into by an official or agency during the previous year, consistent with the limi- amendment. b 1530 I yield the balance of my time to the tations of the underlying bill, H.R. gentleman from Virginia (Mr. GOOD- Mr. JOHNSON of Georgia. Mr. Chair, 5063. LATTE), the chairman of the Committee I yield back the balance of my time. This annual submission to CBO is on the Judiciary. The Acting CHAIR. The question is critical to ensure the transparency of Mr. GOODLATTE. Mr. Chairman, I on the amendment offered by the gen- these settlements and to provide Con- thank the gentleman for yielding. tleman from Arizona (Mr. GOSAR). gress an opportunity to obtain the in- The Stop Settlement Slush Funds The question was taken; and the Act- formation on these from the agencies. Act of 2016 is intended to bolster Con- ing Chair announced that the noes ap- Further, with this information, CBO gress’ Article I institutional authority peared to have it. can begin building a database of these over all types of cases, not to carve out Mr. GOSAR. Mr. Chair, I demand a settlements, which is essential for Con- special rules for particular categories recorded vote. gress to track and to monitor the size of cases. Attorneys’ fee issues are not The Acting CHAIR. Pursuant to and number of these agreements made the focus of the bill and would be bet- clause 6 of rule XVIII, further pro- by the Federal Government. ter addressed by separate legislation. ceedings on the amendment offered by I should point out that it also in- I commend the gentleman from Ari- the gentleman from Arizona will be cludes language to ensure that no addi- zona for his concern about the abuse postponed. tional funds are appropriated for this

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.057 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5131 administrative reporting requirement amendment to the one just adopted by now resume on those amendments to make certain that the amendment the House, and it requires the inspector printed in House Report 114–724 on has no budgetary impact. I want to general of each Federal agency to pro- which further proceedings were post- also state, finally, that this amend- vide an annual report to the House and poned, in the following order: ment includes a 7-year sunset provision Senate Committees on the Judiciary, Amendment No. 1 by Mr. CONYERS of to comply with the House’s CutGo pro- Appropriations, and the Budget con- Michigan. vision. cerning any settlement agreements Amendment No. 2 by Mr. CICILLINE of I want to once again thank the chair- that may violate section 2(a) of H.R. Rhode Island. man of the Judiciary Committee. 5063. Amendment No. 4 by Ms. JACKSON Mr. Chair, I reserve the balance of The previous amendment identified LEE of Texas. my time. all those settlements made consistent Amendment No. 5 by Mr. GOSAR of Mr. GOODLATTE. Mr. Chairman, I with H.R. 5063, and this is a report that Arizona. claim time in opposition to the amend- would be required that would identify The Chair will reduce to 2 minutes ment, although I am not opposed. those settlements outside the agree- the minimum time for any electronic The Acting CHAIR. Without objec- ments under H.R. 5063. vote after the first vote in this series. tion, the gentleman from Virginia is This information is vital to help en- AMENDMENT NO. 1 OFFERED BY MR. CONYERS recognized for 5 minutes. sure that the Federal agencies are not The Acting CHAIR. The unfinished There was no objection. usurping Congress’ power of the purse business is the demand for a recorded Mr. GOODLATTE. Mr. Chairman, I by continuing past practices and to vote on the amendment offered by the support this amendment. It would re- confirm Federal agencies are fulfilling gentleman from Michigan (Mr. CON- quire Federal agencies to submit re- the requirements of the underlying YERS) on which further proceedings ports electronically to the Congres- bill. It also includes, once again, lan- were postponed and on which the ayes sional Budget Office on settlement guage to ensure that no additional prevailed by voice vote. agreements into which they enter. The funds are appropriated for the adminis- The Clerk will redesignate the amendment’s electronic reporting re- trative reporting requirement and amendment. quirement would help alert Congress to makes sure that it is budget-neutral. The Clerk redesignated the amend- problem settlements, is efficient, and I urge the adoption of the amend- ment. would aggregate information in one ment. RECORDED VOTE place, which would aid oversight. Ac- Mr. Chair, I reserve the balance of cordingly, I urge my colleagues to sup- my time. The Acting CHAIR. A recorded vote port this valuable amendment. Mr. GOODLATTE. Mr. Chairman, I has been demanded. Mr. Chair, I yield back the balance of claim time in opposition, even though I A recorded vote was ordered. my time. do not oppose the amendment. The vote was taken by electronic de- Mr. TOM PRICE of Georgia. Mr. The Acting CHAIR. Without objec- vice, and there were—ayes 178, noes 234, Chairman, I want to thank the chair- tion, the gentleman from Virginia is not voting 19, as follows: man once again. I urge adoption of the recognized for 5 minutes. [Roll No. 483] amendment. There was no objection. AYES—178 Mr. Chairman, I yield back the bal- Mr. GOODLATTE. Mr. Chairman, I Adams Doyle, Michael Loebsack ance of my time. yield myself such time as I may con- Aguilar F. Lofgren The Acting CHAIR. The question is sume. Bass Edwards Lowenthal Beatty Ellison Lowey on the amendment offered by the gen- Mr. Chairman, I support this amend- Becerra Engel Lujan Grisham tleman from Georgia (Mr. TOM PRICE). ment. It is another good amendment by Bera Eshoo (NM) The amendment was agreed to. the chairman of the Budget Com- Beyer Esty Luja´ n, Ben Ray mittee, who has not only a great appre- Bishop (GA) Farr (NM) AMENDMENT NO. 7 OFFERED BY MR. TOM PRICE Blumenauer Foster Lynch OF GEORGIA ciation for the issues involved here, but Bonamici Frankel (FL) Maloney, The Acting CHAIR. It is now in order has been very constructive and helpful Boyle, Brendan Fudge Carolyn in supporting this underlying legisla- F. Gabbard Maloney, Sean to consider amendment No. 7 printed in Gallego tion. Brady (PA) Matsui House Report 114–724. Brownley (CA) Garamendi McCollum Mr. TOM PRICE of Georgia. Mr. This amendment would require agen- Bustos Gibson McDermott cy inspectors general to report to Con- Butterfield Graham McGovern Chairman, I have an amendment at the Grayson gress annually any settlement agree- Capps McNerney desk made in order under the rule. Green, Al Meeks Capuano ments that violate the provisions of Green, Gene Meng The Acting CHAIR. The Clerk will Ca´ rdenas Grijalva Moore designate the amendment. this bill. This audit requirement would Carney Gutie´rrez Moulton aid enforcement, both by deterring Carson (IN) The text of the amendment is as fol- Hahn Murphy (FL) Cartwright lows: agency noncompliance and by ensuring Hastings Nadler Castor (FL) Add at the end of the bill the following: noncompliance is reported back to Heck (WA) Napolitano Castro (TX) Higgins Neal (e) ANNUAL AUDIT REQUIREMENT.— Congress, so it can be addressed. Chu, Judy Accordingly, I thank Chairman PRICE Himes Nolan (1) IN GENERAL.—Beginning at the end of Cicilline Hinojosa Norcross the first fiscal year that begins after the for his thoughtful amendment and for Clark (MA) Honda O’Rourke date of the enactment of this Act, and annu- working with me on it. The amend- Clarke (NY) Hoyer Pallone ally thereafter, the Inspector General of each ment improves the bill, and I urge my Clay Huffman Pascrell Federal agency shall submit a report to the Cleaver Israel Payne colleagues to support it. Clyburn Committees on the Judiciary, on the Budget Jackson Lee Pelosi Mr. Chairman, I yield back the bal- Cohen and on Appropriations of the House of Rep- Jeffries Perlmutter Connolly Johnson (GA) Pingree resentatives and the Senate, on any settle- ance of my time. Mr. TOM PRICE of Georgia. Mr. Conyers Johnson, E. B. Pocan ment agreement entered into in violation of Costa Kaptur Polis this section by that agency. Chairman, once again, I thank the Courtney Keating Price (NC) (2) PROHIBITION ON ADDITIONAL FUNDING.— Chairman for his support and for his Crowley Kelly (IL) Quigley No additional funds are authorized to be ap- assistance in this, and I urge adoption Cuellar Kennedy Rangel Cummings propriated to carry out this subsection. of the amendment. Kildee Rice (NY) Davis (CA) Kilmer Richmond The Acting CHAIR. Pursuant to Mr. Chairman, I yield back the bal- Davis, Danny Kind Roybal-Allard House Resolution 843, the gentleman ance of my time. DeFazio Kirkpatrick Ruiz DeGette from Georgia (Mr. TOM PRICE) and a The Acting CHAIR. The question is Kuster Ruppersberger Delaney Langevin Ryan (OH) Member opposed each will control 5 on the amendment offered by the gen- DeLauro Larsen (WA) Sa´ nchez, Linda minutes. tleman from Georgia (Mr. TOM PRICE). DelBene Larson (CT) T. The Chair recognizes the gentleman The amendment was agreed to. Dent Lawrence Sarbanes DeSaulnier Lee Schakowsky ANNOUNCEMENT BY THE ACTING CHAIR from Georgia. Deutch Levin Schiff Mr. TOM PRICE of Georgia. Mr. The Acting CHAIR. Pursuant to Dingell Lewis Schrader Chairman, this is the sister or cousin clause 6 of rule XVIII, proceedings will Doggett Lipinski Scott (VA)

VerDate Sep 11 2014 07:00 Nov 15, 2016 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\RECORD16\SEP2016\H07SE6.REC H07SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H5132 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Scott, David Thompson (CA) Vela´ zquez Ross Sanchez, Loretta Stivers Sires Tonko Walz Serrano Thompson (MS) Visclosky Rush Sinema Westmoreland Slaughter Torres Wasserman Sewell (AL) Titus Walz Smith (WA) Tsongas Schultz Sherman Tonko Wasserman Speier Van Hollen Waters, Maxine Sires Torres Schultz b 1558 Swalwell (CA) Vargas Watson Coleman Slaughter Tsongas Waters, Maxine Messrs. RATCLIFFE, WOODALL, Takano Veasey Welch Smith (WA) Van Hollen Watson Coleman Thompson (CA) Vela Wilson (FL) FITZPATRICK, and ASHFORD ´ Speier Vargas Welch Thompson (MS) Velazquez Yarmuth Swalwell (CA) Veasey Wilson (FL) changed their vote from ‘‘aye’’ to ‘‘no.’’ Titus Visclosky Takano Vela Yarmuth Ms. EDDIE BERNICE JOHNSON of NOES—236 Texas changed her vote from ‘‘no’’ to NOES—234 Abraham Grothman Paulsen ‘‘aye.’’ Aderholt Guinta Pearce Abraham Griffith Paulsen So the amendment was rejected. Allen Hanna Perry Aderholt Grothman Pearce The result of the vote was announced Amash Hardy Peters Allen Guinta Perry as above recorded. Amodei Harper Peterson Amash Guthrie Peters Ashford Harris Pittenger Amodei Hanna Peterson AMENDMENT NO. 2 OFFERED BY MR. CICILLINE Babin Hartzler Pitts Ashford Hardy Pittenger The Acting CHAIR. The unfinished Barletta Heck (NV) Poe (TX) Babin Harper Pitts Barr Hensarling Poliquin Barletta Harris Poe (TX) business is the demand for a recorded Barton Herrera Beutler Pompeo Barr Hartzler Poliquin vote on the amendment offered by the Benishek Hice, Jody B. Posey Barton Heck (NV) Pompeo gentleman from Rhode Island (Mr. Bilirakis Hill Price, Tom Benishek Hensarling Posey Bishop (UT) Holding CICILLINE) on which further pro- Ratcliffe Bilirakis Herrera Beutler Price, Tom Black Hudson Reed Bishop (MI) Hice, Jody B. Ratcliffe ceedings were postponed and on which Blackburn Huelskamp Renacci Bishop (UT) Hill Reed the ayes prevailed by voice vote. Blum Huizenga (MI) Ribble Black Holding Renacci Bost Hultgren Rice (SC) Blackburn Hudson The Clerk will redesignate the Ribble Brady (TX) Hunter Rigell Blum Huelskamp amendment. Rice (SC) Brat Hurd (TX) Roby Bost Huizenga (MI) Rigell The Clerk redesignated the amend- Bridenstine Hurt (VA) Roe (TN) Brady (TX) Hultgren Roby ment. Brooks (AL) Issa Rogers (AL) Brat Hunter Roe (TN) Brooks (IN) Jenkins (KS) Rogers (KY) Bridenstine Hurd (TX) RECORDED VOTE Buchanan Jenkins (WV) Rohrabacher Brooks (AL) Hurt (VA) Rogers (AL) Rogers (KY) The Acting CHAIR. A recorded vote Buck Johnson (OH) Rokita Brooks (IN) Issa Bucshon Jolly Rooney (FL) Buchanan Jenkins (KS) Rohrabacher has been demanded. Rooney (FL) Burgess Jones Ros-Lehtinen Buck Jenkins (WV) A recorded vote was ordered. Byrne Jordan Roskam Bucshon Johnson (OH) Ros-Lehtinen The Acting CHAIR. This will be a 2- Roskam Carter (GA) Joyce Rothfus Burgess Jolly Carter (TX) Katko Rouzer Rothfus minute vote. Byrne Jones Chabot Kelly (MS) Royce Rouzer The vote was taken by electronic de- Carter (GA) Jordan Chaffetz Kelly (PA) Russell Royce Carter (TX) Joyce vice, and there were—ayes 175, noes 236, Coffman King (IA) Salmon Russell Chabot Katko not voting 20, as follows: Collins (GA) King (NY) Sanford Chaffetz Kelly (MS) Salmon [Roll No. 484] Collins (NY) Kinzinger (IL) Scalise Coffman Kelly (PA) Sanford Comstock Kline Schweikert Cole King (IA) Scalise AYES—175 Conaway Knight Scott, Austin Collins (GA) King (NY) Schweikert Adams Duncan (TN) Lowenthal Cook Labrador Sensenbrenner Collins (NY) Kinzinger (IL) Scott, Austin Cooper LaHood Sessions Comstock Kline Sensenbrenner Aguilar Edwards Lowey Bass Ellison Lujan Grisham Costello (PA) LaMalfa Shimkus Conaway Knight Sessions Cramer Lamborn Shuster Cook Labrador Shimkus Beatty Engel (NM) Becerra Eshoo Luja´ n, Ben Ray Crawford Lance Simpson Cooper LaHood Shuster Bera Esty (NM) Crenshaw Latta Smith (MO) Costello (PA) LaMalfa Simpson Beyer Farr Lynch Culberson LoBiondo Smith (NE) Cramer Lamborn Smith (MO) Bishop (GA) Foster Maloney, Curbelo (FL) Long Smith (NJ) Crawford Lance Smith (NE) Blumenauer Frankel (FL) Carolyn Davidson Loudermilk Smith (TX) Crenshaw Latta Smith (NJ) Bonamici Fudge Maloney, Sean Davis, Rodney Love Stefanik Culberson LoBiondo Smith (TX) Denham Lucas Stewart Curbelo (FL) Long Boyle, Brendan Gabbard Matsui Stefanik F. Gallego McCollum Dent Luetkemeyer Stivers Davidson Love Stewart DeSantis Lummis Stutzman Davis, Rodney Lucas Brady (PA) Gibson McDermott Stutzman Brownley (CA) Graham McGovern Diaz-Balart MacArthur Thompson (PA) Denham Luetkemeyer Thompson (PA) Dold Marchant Thornberry DeSantis Lummis Bustos Grayson McNerney Thornberry Butterfield Green, Al Meeks Donovan Marino Tiberi Diaz-Balart MacArthur Tiberi Duffy Massie Tipton Dold Marchant Capps Green, Gene Meng Tipton Duncan (SC) McCarthy Trott Donovan Marino Capuano Grijalva Moore Trott ´ ´ Ellmers (NC) McCaul Turner Duffy Massie Cardenas Gutierrez Moulton Turner Emmer (MN) McClintock Upton Duncan (SC) McCarthy Carney Hahn Murphy (FL) Upton Farenthold McHenry Valadao Duncan (TN) McCaul Carson (IN) Hastings Napolitano Valadao Cartwright Heck (WA) Neal Fincher McKinley Wagner Ellmers (NC) McClintock Fitzpatrick McMorris Walberg Emmer (MN) McHenry Wagner Castor (FL) Higgins Nolan Walberg Castro (TX) Himes Norcross Fleischmann Rodgers Walden Farenthold McKinley Fleming McSally Walker Fincher McMorris Walden Chu, Judy Hinojosa O’Rourke Walker Cicilline Honda Pallone Flores Meadows Walorski Fitzpatrick Rodgers Forbes Meehan Walters, Mimi Fleischmann McSally Walorski Clark (MA) Hoyer Pascrell Walters, Mimi Clarke (NY) Huffman Payne Fortenberry Messer Weber (TX) Fleming Meadows Foxx Mica Webster (FL) Weber (TX) Clay Israel Pelosi Flores Meehan Franks (AZ) Miller (FL) Wenstrup Webster (FL) Cleaver Jackson Lee Perlmutter Forbes Messer Frelinghuysen Miller (MI) Westerman Wenstrup Clyburn Jeffries Pingree Fortenberry Mica Garamendi Moolenaar Westmoreland Westerman Cohen Johnson (GA) Pocan Foxx Miller (FL) Garrett Mooney (WV) Williams Williams Connolly Johnson, E. B. Polis Franks (AZ) Miller (MI) Gibbs Mullin Wilson (SC) Wilson (SC) Conyers Kaptur Price (NC) Frelinghuysen Moolenaar Gohmert Mulvaney Womack Wittman Costa Keating Quigley Garrett Mooney (WV) Goodlatte Murphy (PA) Woodall Gibbs Mullin Womack Courtney Kelly (IL) Rangel Crowley Kennedy Rice (NY) Gosar Nadler Yoder Gohmert Mulvaney Woodall Gowdy Neugebauer Yoho Goodlatte Murphy (PA) Yoder Cuellar Kildee Richmond Cummings Kilmer Roybal-Allard Granger Newhouse Young (AK) Gosar Neugebauer Yoho Graves (GA) Noem Young (IA) Gowdy Newhouse Young (AK) Davis (CA) Kind Ruiz Davis, Danny Kirkpatrick Ruppersberger Graves (LA) Nunes Young (IN) Granger Noem Young (IA) Graves (MO) Olson Zeldin Graves (GA) Nunes Young (IN) DeFazio Kuster Ryan (OH) ´ Griffith Palmer Zinke Graves (LA) Olson Zeldin DeGette Langevin Sanchez, Linda Graves (MO) Palmer Zinke Delaney Larsen (WA) T. DeLauro Larson (CT) Sarbanes NOT VOTING—20 NOT VOTING—19 DelBene Lawrence Schakowsky Bishop (MI) Duckworth Ross DeSaulnier Lee Schiff Boustany Guthrie Rush Boustany Duckworth Palazzo Deutch Levin Schrader Brown (FL) Johnson, Sam Sanchez, Loretta Brown (FL) Johnson, Sam Reichert Dingell Lewis Scott (VA) Calvert Lieu, Ted Scott, David Calvert Lieu, Ted Rokita Doggett Lipinski Serrano Clawson (FL) Nugent Sinema Clawson (FL) Loudermilk Doyle, Michael Loebsack Sewell (AL) Cole Palazzo Wittman DesJarlais Nugent F. Lofgren Sherman DesJarlais Reichert

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.022 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5133 b 1603 Sires Tonko Walz b 1608 Slaughter Torres Wasserman So the amendment was rejected. Smith (WA) Tsongas Schultz So the amendment was rejected. The result of the vote was announced Speier Van Hollen Waters, Maxine The result of the vote was announced as above recorded. Swalwell (CA) Vargas Watson Coleman as above recorded. Takano Veasey Welch Stated against: Stated against: Thompson (CA) Vela Wilson (FL) Mr. WITTMAN. Mr. Chair, on rollcall No. Thompson (MS) Vela´ zquez Yarmuth Mr. HURT of Virginia. Mr. Chair, I was not 484, I was unavoidably detained. Had I been Titus Visclosky present for rollcall vote No. 485 On Agreeing present, I would have voted ‘‘no.’’ to the Jackson Lee of Texas Amendment No. Mr. GUTHRIE. Mr. Chair, on rollcall No. NOES—235 4 to H.R. 5063, the Stop Settlement Slush 484, I was unavoidably detained. Had I been Abraham Grothman Pearce Funds Act of 2016. Had I been present, I Aderholt Guinta Perry present, I would have voted ‘‘no.’’ Allen Guthrie Peters would have voted ‘‘nay.’’ AMENDMENT NO. 4 OFFERED BY MS. JACKSON Amash Hanna Peterson PERSONAL EXPLANATION LEE Amodei Hardy Pittenger Mr. CALVERT. Mr. Chair, on rollcall votes The Acting CHAIR. The unfinished Babin Harper Pitts Barletta Harris Poe (TX) 481, 482, 483, 484, and 485, I was unable to business is the demand for a recorded Barr Hartzler Poliquin vote as I was detained in my congressional vote on the amendment offered by the Barton Heck (NV) Pompeo district to attend the funeral of a dear friend. gentlewoman from Texas (Ms. JACKSON Benishek Hensarling Posey Had I been present, I would have voted ‘‘yes’’ Bilirakis Herrera Beutler Price, Tom LEE) on which further proceedings were Bishop (MI) Hice, Jody B. Ratcliffe on rollcall votes 481, and 482. Had I been postponed and on which the noes pre- Bishop (UT) Hill Reed present, I would have voted ‘‘no’’ on rollcall vailed by voice vote. Black Holding Renacci votes 483, 484, and 485. The Clerk will redesignate the Blackburn Hudson Ribble Blum Huelskamp Rice (SC) AMENDMENT NO. 5 OFFERED BY MR. GOSAR amendment. Bost Huizenga (MI) Rigell The Acting CHAIR. The unfinished The Clerk redesignated the amend- Brady (TX) Hultgren Roby business is the demand for a recorded Brat Hunter ment. Roe (TN) vote on the amendment offered by the Bridenstine Hurd (TX) Rogers (AL) RECORDED VOTE Brooks (IN) Issa Rogers (KY) gentleman from Arizona (Mr. GOSAR) The Acting CHAIR. A recorded vote Buchanan Jenkins (KS) Rokita on which further proceedings were has been demanded. Buck Jenkins (WV) Rooney (FL) postponed and on which the noes pre- Bucshon Johnson (OH) Ros-Lehtinen A recorded vote was ordered. Burgess Jolly Roskam vailed by voice vote. The Acting CHAIR. This will be a 2- Byrne Jones Rothfus The Clerk will redesignate the minute vote. Carter (GA) Jordan Rouzer amendment. Carter (TX) Joyce The vote was taken by electronic de- Royce The Clerk redesignated the amend- Chabot Katko Russell vice, and there were—ayes 178, noes 235, Chaffetz Kelly (MS) Salmon ment. Coffman Kelly (PA) not voting 18, as follows: Sanford RECORDED VOTE Cole King (IA) Scalise [Roll No. 485] Collins (GA) King (NY) The Acting CHAIR. A recorded vote Schweikert Collins (NY) Kinzinger (IL) AYES—178 Scott, Austin has been demanded. Comstock Kline Sensenbrenner A recorded vote was ordered. Adams Edwards Lowey Conaway Knight Sessions Aguilar Ellison Lujan Grisham Cook Labrador The Acting CHAIR. This will be a 2- Shimkus Ashford Engel (NM) Cooper LaHood ´ Shuster minute vote. Bass Eshoo Lujan, Ben Ray Costello (PA) LaMalfa Simpson The vote was taken by electronic de- Beatty Esty (NM) Cramer Lamborn Smith (MO) Becerra Farr Lynch Crawford Lance vice, and there were—ayes 155, noes 262, Smith (NE) Bera Foster Maloney, Crenshaw Latta not voting 14, as follows: Beyer Frankel (FL) Carolyn Smith (NJ) Culberson LoBiondo [Roll No. 486] Bishop (GA) Fudge Maloney, Sean Curbelo (FL) Long Smith (TX) Blumenauer Gabbard Matsui Davidson Loudermilk Stefanik AYES—155 Bonamici Gallego McCollum Stewart Davis, Rodney Love Abraham Fleming Marchant Boyle, Brendan Garamendi McDermott Stivers Denham Lucas Allen Flores Marino F. Gibson McGovern Stutzman Dent Luetkemeyer Amodei Franks (AZ) McCarthy Brady (PA) Graham McNerney Thompson (PA) DeSantis Lummis Babin Garrett McCaul Brownley (CA) Grayson Meeks Thornberry Diaz-Balart MacArthur Barletta Gibbs McClintock Bustos Green, Al Meng Tiberi Dold Marchant Barr Gibson McHenry Butterfield Green, Gene Moore Tipton Donovan Marino Barton Gohmert McMorris Capps Grijalva Moulton Trott Duffy Massie Benishek Gosar Rodgers Capuano Gutie´rrez Murphy (FL) Turner Duncan (SC) McCarthy Bishop (UT) Gowdy McSally Ca´ rdenas Hahn Nadler Upton Duncan (TN) McCaul Black Granger Meadows Carney Hastings Napolitano Valadao Ellmers (NC) McClintock Blackburn Graves (GA) Messer Carson (IN) Heck (WA) Neal Wagner Emmer (MN) McHenry Blum Graves (LA) Miller (FL) Cartwright Higgins Nolan Farenthold McKinley Walberg Brady (TX) Graves (MO) Mooney (WV) Castor (FL) Himes Norcross Fincher McMorris Walden Brat Guthrie Mullin Castro (TX) Hinojosa O’Rourke Fitzpatrick Rodgers Walker Bridenstine Harris Mulvaney Chu, Judy Honda Pallone Fleischmann McSally Walorski Brooks (AL) Hartzler Murphy (PA) Cicilline Hoyer Pascrell Fleming Meadows Walters, Mimi Buck Hensarling Neugebauer Clark (MA) Huffman Payne Flores Meehan Weber (TX) Bucshon Herrera Beutler Newhouse Clarke (NY) Israel Pelosi Forbes Messer Webster (FL) Burgess Hice, Jody B. Noem Clay Jackson Lee Perlmutter Fortenberry Mica Wenstrup Byrne Hudson Olson Cleaver Jeffries Pingree Foxx Miller (FL) Westerman Calvert Huelskamp Palmer Clyburn Johnson (GA) Pocan Franks (AZ) Miller (MI) Westmoreland Carter (GA) Hultgren Paulsen Cohen Johnson, E. B. Polis Frelinghuysen Moolenaar Williams Carter (TX) Hunter Pearce Connolly Kaptur Price (NC) Garrett Mooney (WV) Wilson (SC) Chabot Jenkins (WV) Perry Conyers Keating Quigley Gibbs Mullin Wittman Chaffetz Jones Pitts Costa Kelly (IL) Rice (NY) Gohmert Mulvaney Womack Coffman Jordan Pompeo Courtney Kennedy Richmond Goodlatte Murphy (PA) Woodall Collins (GA) Kelly (MS) Price, Tom Crowley Kildee Rohrabacher Gosar Neugebauer Yoder Collins (NY) Kelly (PA) Ratcliffe Cuellar Kilmer Roybal-Allard Gowdy Newhouse Yoho Comstock King (IA) Rice (SC) Cummings Kind Ruiz Granger Noem Young (AK) Cook King (NY) Roe (TN) Davis (CA) Kirkpatrick Ruppersberger Graves (GA) Nunes Young (IA) Cramer Knight Rohrabacher Davis, Danny Kuster Ryan (OH) Graves (LA) Olson Young (IN) Crawford Labrador Rokita DeFazio Langevin Sa´ nchez, Linda Graves (MO) Palmer Zeldin Culberson LaHood Rothfus DeGette Larsen (WA) T. Griffith Paulsen Zinke Davidson LaMalfa Rouzer Delaney Larson (CT) Sarbanes DeSantis Lamborn Salmon DeLauro Lawrence Schakowsky NOT VOTING—18 Donovan Latta Sanford DelBene Lee Schiff Duffy Long Scalise DeSaulnier Levin Schrader Boustany Duckworth Rangel Duncan (SC) Loudermilk Schweikert Deutch Lewis Scott (VA) Brooks (AL) Hurt (VA) Reichert Duncan (TN) Love Scott, Austin Dingell Lipinski Scott, David Brown (FL) Johnson, Sam Ross Emmer (MN) Lucas Sensenbrenner Doggett Loebsack Serrano Calvert Lieu, Ted Rush Farenthold Luetkemeyer Sessions Doyle, Michael Lofgren Sewell (AL) Clawson (FL) Nugent Sanchez, Loretta Fleischmann Lummis Shuster F. Lowenthal Sherman DesJarlais Palazzo Sinema

VerDate Sep 11 2014 06:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.066 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5134 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Simpson Wagner Williams Wasserman Watson Coleman Wilson (SC) Ms. MENG. Mr. Speaker, this is the Smith (MO) Walberg Wittman Schultz Welch Womack Smith (NE) Walden Woodall Waters, Maxine Wilson (FL) Yarmuth final amendment to the bill, which will Smith (TX) Walker Yoder not kill the bill or send it back to com- NOT VOTING—14 Smith (WA) Walorski Yoho mittee. If adopted, the bill will imme- Stefanik Weber (TX) Young (AK) Boustany Johnson, Sam Ross diately proceed to final passage as Stewart Webster (FL) Young (IA) Brown (FL) Lieu, Ted Rush Stutzman Wenstrup Young (IN) Clawson (FL) Nugent Sanchez, Loretta amended. Thompson (PA) Westerman Zeldin DesJarlais Palazzo Sinema The purpose of my motion is simple. Tipton Westmoreland Zinke Duckworth Reichert It says that the restrictions in the un- b 1612 derlying bill do not apply to settlement NOES—262 agreements that ultimately result in Mr. ROTHFUS changed his vote from Adams Gabbard Miller (MI) lower prices for lifesaving medical de- Aderholt Gallego Moolenaar ‘‘no’’ to ‘‘aye.’’ Aguilar Garamendi Moore So the amendment was rejected. vices. Amash Goodlatte Moulton The result of the vote was announced Mr. Speaker, Americans are hurting Ashford Graham Murphy (FL) as above recorded. across this country. Far too often, Bass Grayson Nadler there have been companies that have Beatty Green, Al Napolitano The Acting CHAIR. The question is Becerra Green, Gene Neal on the committee amendment in the sought to profit off of the most vulner- Bera Griffith Nolan nature of a substitute, as amended. able among us through monopoly-like Beyer Grijalva Norcross The amendment was agreed to. action and power. Bilirakis Grothman Nunes The Acting CHAIR. Under the rule, When that happens, Mr. Speaker, Bishop (GA) Guinta O’Rourke Bishop (MI) Gutie´rrez Pallone the Committee rises. particularly when it comes to medical Blumenauer Hahn Pascrell Accordingly, the Committee rose; devices, it is the Federal Government’s Bonamici Hanna Payne and the Speaker pro tempore (Mr. role to ensure that consumers are pro- Bost Hardy Pelosi WOMACK) having assumed the chair, tected, to ensure that all Americans Boyle, Brendan Harper Perlmutter Mr. SIMPSON, Acting Chair of the Com- F. Hastings Peters have access to devices they need, par- Brady (PA) Heck (NV) Peterson mittee of the Whole House on the state ticularly when it is a matter of life and Brooks (IN) Heck (WA) Pingree of the Union, reported that that Com- death. Brownley (CA) Higgins Pittenger Buchanan Hill mittee, having had under consideration In my opinion, we have to look no Pocan the bill (H.R. 5063) to limit donations Bustos Himes Poe (TX) further than the actions of the maker Butterfield Hinojosa Poliquin made pursuant to settlement agree- of EpiPens, the device every parent of Capps Holding Polis ments to which the United States is a a child with severe allergies is aware Capuano Honda Posey Ca´ rdenas Hoyer party, and for other purposes, and, pur- of. When a child goes into shock, this is Price (NC) suant to House Resolution 843, he re- Carney Huffman Quigley the device that will save his or her life. Carson (IN) Huizenga (MI) Rangel ported the bill back to the House with Unfortunately, EpiPen’s maker, Cartwright Hurd (TX) Reed an amendment adopted in the Com- Castor (FL) Hurt (VA) Mylan, has chosen to systematically Renacci Castro (TX) Israel mittee of the Whole. Ribble inflate its profits over the past several Chu, Judy Issa The SPEAKER pro tempore. Under Rice (NY) years without reinvesting those profits Cicilline Jackson Lee Richmond the rule, the previous question is or- Clark (MA) Jeffries for further business activities such as Rigell dered. Clarke (NY) Jenkins (KS) research and development. Instead, we Roby Is a separate vote demanded on any Clay Johnson (GA) Rogers (AL) have seen CEO pay raised astronomi- Cleaver Johnson (OH) amendment to the amendment re- Rogers (KY) cally, and quarterly profits skyrocket, Clyburn Johnson, E. B. ported from the Committee of the Rooney (FL) Cohen Jolly all off the backs of vulnerable Ameri- Ros-Lehtinen Whole? Cole Joyce cans. Roskam If not, the question is on the com- Conaway Kaptur This is wrong. It is so wrong that we Connolly Katko Roybal-Allard mittee amendment in the nature of a Conyers Keating Royce substitute, as amended. have taken notice of these actions, and Cooper Kelly (IL) Ruiz The amendment was agreed to. Congress is investigating whether or Costa Kennedy Ruppersberger not violations of antitrust law have oc- Russell The SPEAKER pro tempore. The Costello (PA) Kildee curred with respect to Mylan. If we Courtney Kilmer Ryan (OH) question is on the engrossment and ´ Crenshaw Kind Sanchez, Linda third reading of the bill. find that it has, and DOJ or another Crowley Kinzinger (IL) T. The bill was ordered to be engrossed government agency agrees, let’s not Sarbanes Cuellar Kirkpatrick and read a third time, and was read the hamstring the settlement that may ul- Cummings Kline Schakowsky Curbelo (FL) Kuster Schiff third time. timately be reached with Mylan. Davis (CA) Lance Schrader MOTION TO RECOMMIT Clearly, we are not the jurors in this Davis, Danny Langevin Scott (VA) Ms. MENG. Mr. Speaker, I have a mo- case, and we are not structuring the Davis, Rodney Larsen (WA) Scott, David terms of any eventual, possible deal. DeFazio Larson (CT) Serrano tion to recommit at the desk. DeGette Lawrence Sewell (AL) The SPEAKER pro tempore. Is the But let’s not preclude the agencies Delaney Lee Sherman gentlewoman opposed to the bill? seeking to protect us from reaching a DeLauro Levin Shimkus Ms. MENG. I am opposed. deal that may solve problems for DelBene Lewis Sires The SPEAKER pro tempore. The Denham Lipinski Slaughter Americans in need, a deal that may ac- Dent LoBiondo Smith (NJ) Clerk will report the motion to recom- tually reduce the cost of lifesaving DeSaulnier Loebsack Speier mit. medical devices. Deutch Lofgren Stivers The Clerk read as follows: Mr. Speaker, I urge support for this Diaz-Balart Lowenthal Swalwell (CA) Ms. Meng moves to recommit the bill H.R. Takano motion. Dingell Lowey 5063 to the Committee on the Judiciary with Doggett Lujan Grisham Thompson (CA) I yield back the balance of my time. Dold (NM) Thompson (MS) instructions to report the same back to the Mr. MARINO. Mr. Speaker, I rise in House forthwith with the following amend- Doyle, Michael Luja´ n, Ben Ray Thornberry opposition to the motion. F. (NM) Tiberi ment: Edwards Lynch Titus Page 3, line 11, insert after ‘‘settlement The SPEAKER pro tempore. The gen- Ellison MacArthur Tonko agreement’’ the following: ‘‘(except as pro- tleman from Pennsylvania is recog- Ellmers (NC) Maloney, Torres vided in subsection (e))’’. nized for 5 minutes. Engel Carolyn Trott Add at the end of the bill the following: Mr. MARINO. Mr. Speaker, I yield Eshoo Maloney, Sean Tsongas (e) EXCEPTION FOR A SETTLEMENT AGREE- myself such time as I may consume. Esty Massie Turner MENT THAT SAVES LIVES AND REDUCES Farr Matsui Upton Nothing in this bill interferes with HEALTHCARE COSTS.—The provisions of this Fincher McCollum Valadao antitrust settlement. Nothing. The bill Fitzpatrick McDermott Van Hollen Act do not apply in the case of a settlement Forbes McGovern Vargas agreement that reduces the cost of life-sav- goes to Congress’ constitutional power. Fortenberry McKinley Veasey ing medical devices through the enforcement That is why every Member of Congress Foster McNerney Vela of the antitrust laws. should oppose this motion to recom- Foxx Meehan Vela´ zquez The SPEAKER pro tempore. Pursu- mit. Frankel (FL) Meeks Visclosky Frelinghuysen Meng Walters, Mimi ant to the rule, the gentlewoman from I say this because it targets legisla- Fudge Mica Walz New York is recognized for 5 minutes. tion designed exclusively to strengthen

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.027 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5135 Congress. Serious people on both sides Cicilline Israel Pelosi MacArthur Pompeo Stewart of the aisle understand the importance Clark (MA) Jackson Lee Perlmutter Marchant Posey Stivers Clarke (NY) Jeffries Peters Marino Price, Tom Stutzman of Congress’ spending power. Clay Johnson (GA) Peterson Massie Ratcliffe Thompson (PA) A major theme of the Speaker’s A Cleaver Johnson, E. B. Pingree McCarthy Reed Thornberry Better Way Initiative is that the Clyburn Jones Pocan McCaul Renacci Tiberi McClintock Ribble spending power is one of Congress’ Cohen Kaptur Polis Tipton Connolly Keating Price (NC) McHenry Rice (SC) Trott McKinley Rigell most effective tools in reining in exec- Conyers Kelly (IL) Quigley Turner Costa Kennedy McMorris Roby utive overreach. Liberal legal scholar Rangel Upton Courtney Kildee Rodgers Roe (TN) Abner Mikva agrees: Rice (NY) Valadao Crowley Kilmer McSally Rogers (AL) Richmond Wagner To ensure that Congress would act as the Cuellar Kind Roybal-Allard Meadows Rogers (KY) first branch of government, the constitu- Cummings Kirkpatrick Meehan Rohrabacher Walberg Ruiz Walden tional Framers gave the legislature virtually Davis (CA) Kuster Messer Rooney (FL) Ruppersberger Walker exclusive power to control the Nation’s purse Davis, Danny Langevin Ryan (OH) Mica Ros-Lehtinen Miller (FL) Roskam Walorski DeFazio Larsen (WA) Sa´ nchez, Linda strings. They knew that the power of the Miller (MI) Rothfus Walters, Mimi DeGette Larson (CT) T. purse was the most far-reaching and effec- Delaney Lawrence Moolenaar Rouzer Weber (TX) Sarbanes tual of all governmental powers. DeLauro Lee Mooney (WV) Royce Webster (FL) Schakowsky DelBene Levin Mullin Russell Wenstrup This motion stems from a misunder- Schiff DeSaulnier Lewis Mulvaney Salmon Schrader Westerman standing of the governing principle of Deutch Lipinski Murphy (PA) Sanford Scott (VA) Westmoreland this bill, which is simply this: DOJ’s Dingell Loebsack Neugebauer Scalise Williams Doggett Lofgren Scott, David Newhouse Schweikert authority to settle cases requires the Serrano Wilson (SC) Doyle, Michael Lowenthal Noem Scott, Austin Wittman ability to obtain redress for actual vic- Sewell (AL) Nunes F. Lowey Sensenbrenner Womack tims—actual victims. However, once Duncan (TN) Lujan Grisham Sherman Olson Sessions Woodall Edwards (NM) Sires Palmer Shimkus direct victims have been compensated, Yoder Ellison Luja´ n, Ben Ray Slaughter Paulsen Shuster deciding what to do with additional Yoho Engel (NM) Smith (WA) Pearce Simpson funds extracted from defendants be- Eshoo Lynch Speier Perry Smith (MO) Young (AK) comes a policy question properly de- Esty Maloney, Swalwell (CA) Pittenger Smith (NE) Young (IA) cided by elected representatives in Farr Carolyn Takano Pitts Smith (NJ) Young (IN) Foster Maloney, Sean Thompson (CA) Poe (TX) Smith (TX) Zeldin Congress, not agency bureaucrats or Frankel (FL) Matsui Thompson (MS) Poliquin Stefanik Zinke prosecutors. Fudge McCollum Titus The Framers assigned this job to Gabbard McDermott Tonko NOT VOTING—16 Congress. It is in everyone’s interest to Gallego McGovern Torres Boustany Johnson, Sam Ross Garamendi McNerney Tsongas preserve the careful balance of our Brown (FL) Lieu, Ted Rush Graham Meeks Van Hollen Clawson (FL) Nugent Sanchez, Loretta Framers’ wisely struck constitutional Green, Al Meng Vargas DesJarlais Palazzo Sinema issues. If you believe in checks and bal- Green, Gene Moore Veasey Duckworth Reichert Grijalva Moulton Vela Franks (AZ) Rokita ances, oppose the motion and support Gutie´rrez Murphy (FL) Vela´ zquez this bill. If you believe that effective Hahn Nadler Visclosky b 1627 congressional oversight of the execu- Hastings Napolitano Walz tive branch is important, oppose this Heck (WA) Neal Wasserman So the motion to recommit was re- Higgins Nolan Schultz jected. motion and support this bill. If you be- Himes Norcross Waters, Maxine lieve that Congress’ ability to rein in Hinojosa O’Rourke Watson Coleman The result of the vote was announced executive overreach will be important Honda Pallone Welch as above recorded. Hoyer Pascrell Wilson (FL) Stated against: in future administrations, oppose this Huffman Payne Yarmuth motion and support this bill. Mr. FRANKS of Arizona. Mr. Speaker, on I urge my colleagues to defend Con- NOES—234 rollcall No. 487, had I been present, I would have voted ‘‘no.’’ gress’ institutional interest by oppos- Abraham Culberson Harris ing this motion. Aderholt Curbelo (FL) Hartzler The SPEAKER pro tempore. The I yield back the balance of my time. Allen Davidson Heck (NV) question is on the passage of the bill. Amash Davis, Rodney Hensarling The question was taken; and the The SPEAKER pro tempore. Without Amodei Denham Herrera Beutler objection, the previous question is or- Babin Dent Hice, Jody B. Speaker pro tempore announced that dered on the motion to recommit. Barletta DeSantis Hill the ayes appeared to have it. Barr Diaz-Balart Holding RECORDED VOTE There was no objection. Barton Dold Hudson The SPEAKER pro tempore. The Benishek Donovan Huelskamp Mr. CONYERS. Mr. Speaker, I de- question is on the motion to recommit. Bilirakis Duffy Huizenga (MI) mand a recorded vote. The question was taken; and the Bishop (MI) Duncan (SC) Hultgren A recorded vote was ordered. Bishop (UT) Ellmers (NC) Hunter Speaker pro tempore announced that Black Emmer (MN) Hurd (TX) The SPEAKER pro tempore. This is a the noes appeared to have it. Blackburn Farenthold Hurt (VA) 5-minute vote. Bost Fincher Issa RECORDED VOTE The vote was taken by electronic de- Brady (TX) Fitzpatrick Jenkins (KS) vice, and there were—ayes 241, noes 174, Ms. MENG. Mr. Speaker, I demand a Brat Fleischmann Jenkins (WV) recorded vote. Bridenstine Fleming Johnson (OH) not voting 16, as follows: A recorded vote was ordered. Brooks (AL) Flores Jolly [Roll No. 488] Brooks (IN) Forbes Jordan The SPEAKER pro tempore. Pursu- Buchanan Fortenberry Joyce AYES—241 ant to clause 9 of rule XX, this 5- Buck Foxx Katko Abraham Brooks (AL) Cramer minute vote on the motion to recom- Bucshon Frelinghuysen Kelly (MS) Aderholt Brooks (IN) Crawford Burgess Garrett Kelly (PA) Allen Buchanan Crenshaw mit will be followed by a 5-minute vote Byrne Gibbs King (IA) Amash Buck Cuellar on passage of the bill, if ordered. Calvert Gibson King (NY) Amodei Bucshon Culberson The vote was taken by electronic de- Carter (GA) Gohmert Kinzinger (IL) Ashford Burgess Curbelo (FL) vice, and there were—ayes 181, noes 234, Carter (TX) Goodlatte Kline Babin Byrne Davidson Chabot Gosar Knight Barletta Calvert Davis, Rodney not voting 16, as follows: Chaffetz Gowdy Labrador Barr Carter (GA) Denham [Roll No. 487] Coffman Granger LaHood Barton Carter (TX) Dent Cole Graves (GA) LaMalfa Benishek Chabot DeSantis AYES—181 Collins (GA) Graves (LA) Lamborn Bilirakis Chaffetz Diaz-Balart Adams Blum Capps Collins (NY) Graves (MO) Lance Bishop (MI) Coffman Dold Aguilar Blumenauer Capuano Comstock Grayson Latta Bishop (UT) Cole Donovan Ashford Bonamici Ca´ rdenas Conaway Griffith LoBiondo Black Collins (GA) Duffy Bass Boyle, Brendan Carney Cook Grothman Long Blackburn Collins (NY) Duncan (SC) Beatty F. Carson (IN) Cooper Guinta Loudermilk Blum Comstock Duncan (TN) Becerra Brady (PA) Cartwright Costello (PA) Guthrie Love Bost Conaway Ellmers (NC) Bera Brownley (CA) Castor (FL) Cramer Hanna Lucas Brady (TX) Cook Emmer (MN) Beyer Bustos Castro (TX) Crawford Hardy Luetkemeyer Brat Cooper Farenthold Bishop (GA) Butterfield Chu, Judy Crenshaw Harper Lummis Bridenstine Costello (PA) Fincher

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.073 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5136 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Fitzpatrick Lamborn Rogers (KY) Matsui Price (NC) Swalwell (CA) EXPRESSING SUPPORT FOR THE Fleischmann Lance Rohrabacher McCollum Quigley Takano TERRITORIAL INTEGRITY OF Fleming Latta Rokita McDermott Rangel Thompson (CA) Flores LoBiondo Rooney (FL) McGovern Rice (NY) Thompson (MS) GEORGIA Forbes Long Ros-Lehtinen McNerney Richmond Titus Mr. ROYCE. Mr. Speaker, I move to Fortenberry Loudermilk Meeks Roybal-Allard Roskam Tonko suspend the rules and agree to the reso- Foxx Love Rothfus Meng Ruiz Torres Franks (AZ) Lucas Rouzer Moore Ruppersberger Tsongas lution (H. Res. 660) expressing the sense Moulton Ryan (OH) Frelinghuysen Luetkemeyer Royce Van Hollen of the House of Representatives to sup- Garrett Lummis Murphy (FL) Sa´ nchez, Linda Russell Vargas Gibbs MacArthur Nadler T. port the territorial integrity of Geor- Salmon Veasey Gibson Marchant Sanford Napolitano Sarbanes gia. Gohmert Marino Neal Schakowsky Vela The Clerk read the title of the resolu- Scalise Vela´ zquez Goodlatte Massie Schweikert Nolan Schiff tion. Gosar McCarthy Norcross Schrader Visclosky Scott, Austin Walz The text of the resolution is as fol- Gowdy McCaul Sensenbrenner O’Rourke Scott (VA) Pallone Scott, David Wasserman lows: Granger McClintock Sessions Pascrell Serrano Schultz Graves (GA) McHenry Shimkus H. RES. 660 Graves (LA) McKinley Payne Sewell (AL) Waters, Maxine Shuster Graves (MO) McMorris Pelosi Sherman Watson Coleman Whereas since 1993, the sovereignty and Simpson Griffith Rodgers Perlmutter Sires territorial integrity of Georgia have been re- Smith (MO) Welch Grothman McSally Pingree Slaughter affirmed by the international community in Smith (NE) Wilson (FL) Guinta Meadows Pocan Smith (WA) Smith (NJ) Yarmuth all United Nations Security Council resolu- Guthrie Meehan Polis Speier Smith (TX) tions on Georgia; Hanna Messer Stefanik Whereas the Government of Georgia has Hardy Mica NOT VOTING—16 Stewart pursued a peaceful resolution of the conflict Harper Miller (FL) Beyer Johnson, Sam Ross Stivers Harris Miller (MI) Boustany LaMalfa with Russia over Georgia’s territories of Stutzman Rush Hartzler Moolenaar Brown (FL) Lieu, Ted Abkhazia and the Tskhinvali region/South Thompson (PA) Sanchez, Loretta Heck (NV) Mooney (WV) Clawson (FL) Nugent Ossetia; Thornberry Sinema Hensarling Mullin DesJarlais Palazzo Whereas principle IV of the Helsinki Final Tiberi Herrera Beutler Mulvaney Duckworth Reichert Act of 1975 states that, ‘‘The participating Hice, Jody B. Murphy (PA) Tipton Trott b 1635 States will respect the territorial integrity Hill Neugebauer of each of the participating States. Accord- Holding Newhouse Turner Hudson Noem Upton So the bill was passed. ingly, they will refrain from any action in- Huelskamp Nunes Valadao The result of the vote was announced consistent with the purposes and principles Huizenga (MI) Olson Wagner as above recorded. of the Charter of the United Nations against Walberg Hultgren Palmer A motion to reconsider was laid on the territorial integrity, political independ- Hunter Paulsen Walden ence or the unity of any participating State, Hurd (TX) Pearce Walker the table. Walorski and in particular from any such action con- Hurt (VA) Perry f stituting a threat or use of force . . . and Issa Peters Walters, Mimi Jenkins (KS) Peterson Weber (TX) PROVIDING FOR CONSIDERATION participating States will likewise refrain Jenkins (WV) Pittenger Webster (FL) OF MOTIONS TO SUSPEND THE from making each other’s territory the ob- Johnson (OH) Pitts Wenstrup ject of military occupation.’’; Jolly Poe (TX) Westerman RULES Whereas the Charter of the United Nations Jones Poliquin Westmoreland Mr. SESSIONS. Mr. Speaker, I ask states that, ‘‘All Members shall refrain in Jordan Pompeo Williams their international relations from the threat Wilson (SC) unanimous consent that it be in order Joyce Posey or use of force against the territorial integ- Katko Price, Tom Wittman at any time on the legislative day of Kelly (MS) Ratcliffe Womack September 9, 2016, for the Speaker to rity or political independence of any state.’’; Whereas the recognition by the Govern- Kelly (PA) Reed Woodall entertain motions that the House sus- King (IA) Renacci Yoder ment of the Russian Federation of Abkhazia King (NY) Ribble Yoho pend the rules, as though under clause and Tskhinvali region/South Ossetia on Au- Kinzinger (IL) Rice (SC) Young (AK) 1 of rule XV, relating to the bill (S. gust 26, 2008, was in violation of the sov- Kline Rigell Young (IA) 2040) to deter terrorism, provide justice ereignty and territorial integrity of Georgia Knight Roby Young (IN) and contradicting principles of Helsinki Labrador Roe (TN) Zeldin for victims, and for other purposes. LaHood Rogers (AL) Zinke The SPEAKER pro tempore (Mr. COL- Final Act of 1975, the Charter of the United LINS of New York). Is there objection to Nations as well as the August 12, 2008, NOES—174 the request of the gentleman from Ceasefire Agreement; Whereas the United States-Georgia Char- Adams Davis (CA) Honda Texas? ter on Strategic Partnership, signed on Jan- Aguilar Davis, Danny Hoyer There was no objection. Bass DeFazio Huffman uary 9, 2009, underscores that ‘‘support for Beatty DeGette Israel f each other’s sovereignty, independence, ter- Becerra Delaney Jackson Lee ritorial integrity and inviolability of borders Bera DeLauro Jeffries APPOINTMENT OF CONFEREE ON constitutes the foundation of our bilateral Bishop (GA) DelBene Johnson (GA) S. 2012, NORTH AMERICAN EN- relations.’’; Blumenauer DeSaulnier Johnson, E. B. ERGY SECURITY AND INFRA- Whereas according to the Government of Bonamici Deutch Kaptur Boyle, Brendan Dingell Keating STRUCTURE ACT OF 2016 Georgia’s ‘‘State Strategy on Occupied Ter- ritories’’, the Government of Georgia has F. Doggett Kelly (IL) The SPEAKER pro tempore. Without Brady (PA) Doyle, Michael Kennedy committed itself to a policy of peaceful en- Brownley (CA) F. Kildee objection, the Chair appoints the fol- gagement, the protection of economic and Bustos Edwards Kilmer lowing conferee on S. 2012 to fill the va- human rights, freedom of movement, and the Butterfield Ellison Kind cancy caused by the resignation of preservation of cultural heritage, language, Capps Engel Kirkpatrick Representative Whitfield of Kentucky: and identity for the people of Abkhazia and Capuano Eshoo Kuster Ca´ rdenas Esty Langevin Mr. KINZINGER of Illinois. the Tskhinvali region/South Ossetia; Carney Farr Larsen (WA) There was no objection. Whereas the August 2008 war between the Carson (IN) Foster Larson (CT) Russian Federation and Georgia resulted in Cartwright Frankel (FL) Lawrence f civilian and military casualties, the viola- Castor (FL) Fudge Lee ANNOUNCEMENT BY THE SPEAKER tion of the sovereignty and territorial integ- Castro (TX) Gabbard Levin PRO TEMPORE rity of Georgia, and large numbers of inter- Chu, Judy Gallego Lewis nally displaced persons; Cicilline Garamendi Lipinski The SPEAKER pro tempore. Pursu- Clark (MA) Graham Loebsack Whereas the annual United Nations Gen- Clarke (NY) Grayson Lofgren ant to clause 8 of rule XX, the Chair eral Assembly Resolution on the ‘‘Status of Clay Green, Al Lowenthal will postpone further proceedings Internally Displaced Persons and Refugees Cleaver Green, Gene Lowey today on motions to suspend the rules from Abkhazia, Georgia and the Tskhinvali Clyburn Grijalva Lujan Grisham on which a recorded vote or the yeas region/South Ossetia, Georgia’’, recognizes Cohen Gutie´rrez (NM) the right of return of all internally displaced ´ and nays are ordered, or on which the Connolly Hahn Lujan, Ben Ray persons and refugees and their descendants, Conyers Hastings (NM) vote incurs objection under clause 6 of regardless of ethnicity, as well as their prop- Costa Heck (WA) Lynch rule XX. Courtney Higgins Maloney, erty rights, remains unfulfilled; Crowley Himes Carolyn Record votes on postponed questions Whereas the Russian Federation is build- Cummings Hinojosa Maloney, Sean will be taken later. ing barbed wire fences and installing, so-

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.039 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5137 called ‘‘border signs’’ and other artificial States to not recognize territorial changes Russian tanks on the hill, and, unfortu- barriers along the occupation line and de- effected by force, and affirms that this pol- nately, many years later, those Rus- priving the people residing within the occu- icy should continue to guide the foreign pol- sian tanks are still on the hills of Geor- pied regions and in the adjacent areas of icy of the United States; their fundamental rights and freedoms, in- gia. (2) condemns the military intervention and Russia is a cancer in the area. It is cluding, but not limited to the freedom of occupation of Georgia by the Russian Fed- movement, family life, education in their na- eration and its continuous illegal activities trying to infiltrate countries in the re- tive language, and other civil and economic along the occupation line in Abkhazia and gion, trying to spread its propaganda rights; Tskhinvali region/South Ossetia; and conquering ideas to the former So- Whereas the August 12, 2008, Ceasefire (3) calls upon the Russian Federation to viet Republics. Russian troops main- Agreement, agreed to by the Governments of withdraw its recognition of Georgia’s terri- tain a stranglehold on the occupied ter- the Russian Federation and Georgia— tories of Abkhazia and the Tskhinvali re- ritories of Georgia. Russians have (1) provides that all troops of the Russian gion/South Ossetia as independent countries, Federation shall be withdrawn to pre-war po- forced ethnic Georgians to leave and to refrain from acts and policies that under- have forbidden everyone who still lives sitions; mine the sovereignty and territorial integ- (2) provides that free access shall be grant- rity of Georgia, and to take steps to fulfill there from speaking the Georgian lan- ed to organizations providing humanitarian all the terms and conditions of the August guage or from traveling to Georgia. assistance in regions affected by the violence 12, 2008, Ceasefire Agreement between Geor- The illegal Russian occupation of Geor- in August 2008; and (3) launched the Geneva International Dis- gia and the Russian Federation; gia is not a simple matter of terri- cussions between Georgia and the Russian (4) stresses the necessity of progress on tory—it is an attack on ideas; it is an Federation; core issues within the Geneva International assault on the very freedoms and lib- Whereas, on November 23, 2010, Georgian Discussions, including a legally binding erties that are God given. President Saakashvili declared before the pledge from Russia on the non-use of force, Georgia is a small and young democ- the establishment of international security European Parliament that ‘‘Georgia will racy despite the rough neighborhood never use force to restore its territorial in- arrangements in the occupied regions of Georgia, and the safe and dignified return of that it lives in—surrounded by corrupt tegrity and sovereignty.’’; dictators, including Russia. In fact, Whereas, on March 7, 2013, the bipartisan internally displaced persons and refugees to Resolution of the Parliament of Georgia on the places of their origin; over the past 25 years, Georgia has be- Basic Directions of Georgia’s Foreign Policy (5) urges the United States Government to come the freest nation in the region. It confirmed ‘‘Georgia’s commitment for the declare unequivocally that the United States has championed good governance, eco- non-use of force, pledged by the President of will not recognize the de jure or de facto sov- nomic reform, and democracy while Georgia in his address to the international ereignty of the Russian Federation over any combating corruption and ensuring part of Georgia, its airspace, or its terri- community from the European Parliament press freedom. This is no small in Strasburg on November 23, 2010.’’; torial waters, including Abkhazia and the Tskhinvali region/South Ossetia under any achievement. I have met with the first Whereas, on June 27, 2014, in the Associa- Georgian Government and the second tion Agreement between Georgia and the Eu- circumstances; ropean Union, Georgia reaffirmed its com- (6) urges the United States Administration Georgian Government and have met mitment ‘‘to restore its territorial integrity to deepen cooperation with Georgia in all with many of their officials. Mostly, I in pursuit of a peaceful and lasting conflict areas of the United States-Georgia Charter have met with the people of Georgia, resolution, of pursuing the full implementa- on Strategic Partnership, including Geor- and they are freedom-loving individ- tion of’’ the August 12, 2008, ceasefire agree- gia’s advancement towards Euro-Atlantic in- uals. ment; tegration; Georgia sets up a strong contrast to (7) urges the United States Administration Whereas despite the unilateral legally the authoritarian Putin up north. binding commitment to the non-use of force to place emphasis on enhancing Georgia’s se- curity through joint military trainings and Putin does not like having a beacon of pledged by the Georgian Government, the freedom shining brightly from the Russian Federation still refuses to recip- providing self-defensive capabilities in order rocate with its own legally binding non-use to enhance Georgia’s independent statehood south with his imperial aggression of force pledge; and national sovereignty; and kingdom looking down on them. This is Whereas the European Union Monitoring (8) affirms that a free, united, democratic, exactly why Putin decided to invade Mission (EUMM) is still denied access to the and sovereign Georgia is in the long-term in- Georgia 8 years ago. Georgia represents occupied regions of Abkhazia and the terest of the United States as it promotes the democratic potential in the region. peace and stability in the region. Tskhinvali region/South Ossetia, despite the Putin would like nothing more than to fact that its mandate covers the whole terri- The SPEAKER pro tempore. Pursu- cause unrest and turmoil in Georgia, tory of Georgia within its internationally ant to the rule, the gentleman from like he has done in other nations, in- recognized borders; California (Mr. ROYCE) and the gen- Whereas the Russian Federation continues cluding in Ukraine. tleman from New York (Mr. ENGEL) Georgia is a strong ally of the United to enhance its military bases illegally sta- each will control 20 minutes. tioned in occupied regions of Abkhazia and States. Georgia has more troops in Af- the Tskhinvali region/South Ossetia without The Chair recognizes the gentleman ghanistan who are fighting alongside the consent of the Government of Georgia or from California. our troops than any non-NATO ally, a mandate from the United Nations or other GENERAL LEAVE and it has made hard reforms in order multilateral organizations; Mr. ROYCE. Mr. Speaker, I ask unan- to join NATO and the European Union. Whereas the Russian Federation continues imous consent that all Members may This resolution expresses our soli- the process of aggression carried out against have 5 legislative days to revise and ex- darity with Georgia. I am proud to be a Georgia since the early 1990s and occupation of Georgia’s territories following the August tend their remarks and to include any co-chair, along with the gentleman 2008 Russia-Georgia War; extraneous material for the RECORD. from Virginia (Mr. CONNOLLY), of the Whereas the Russian Federation’s policy The SPEAKER pro tempore. Is there Georgia Caucus. This resolution con- vis-a` -vis Georgia and the alarming develop- objection to the request of the gen- demns Russia’s illegal occupation of ments in the region illustrate that Moscow tleman from California? Georgian territory, and it sends a clear does not accept the independent choice of There was no objection. message to Putin that the United sovereign states and strives for the restora- Mr. ROYCE. Mr. Speaker, I yield 5 States will never recognize his control tion of zones of influence in the region, in- minutes to the gentleman from Texas over any part of Georgia. cluding through the use of force, occupation, (Mr. POE), the chairman of the Foreign Our friends in Georgia and the region factual annexation, and other aggressive acts; and Affairs Subcommittee on Terrorism, must know that the United States will Whereas the United States applied the doc- Nonproliferation, and Trade, and he is not waver in its longstanding support trine of non-recognition in 1940 to the coun- the author of this measure. for its allies in the face of the Napoleon tries of Estonia, Latvia, and Lithuania, and Mr. POE of Texas. I thank the chair- of Siberia. We must be clear about our every Presidential administration of the man of the committee and the ranking commitment to our friends. Instead of United States honored this doctrine until member for their support on this legis- retreating from the world stage, the independence was restored to those countries lation. United States must deepen its relation- in 1991: Now, therefore, be it Resolved, That the House of Representa- Mr. Speaker, I was in Georgia in 2008 ships with our allies. Georgia is a valu- tives— when the Russians invaded that sov- able ally threatened by the cold Rus- (1) supports the policy, popularly known as ereign country and took one-fifth of sian winds of authoritarianism. John the ‘‘Stimson Doctrine’’, of the United their nation away from them. I saw the F. Kennedy, our President 50 years ago,

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.040 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5138 CONGRESSIONAL RECORD — HOUSE September 7, 2016 said that we would support any friend ingly challenging part of the world, I had the pleasure of going to Georgia who believes in freedom. and we continue to believe that the over the recess with Congressman DUN- It is time we step up and support the door should be open to Georgia to work CAN, and we had an incredible experi- nation of Georgia. I urge my colleagues with us. I continue to believe that the ence in that we saw firsthand the very to support this important resolution door should remain open to Georgia for thing that you are talking about with and send a signal to our enemies and both NATO and the EU membership. regard to the Russian occupation of our friends all over the world that the I am glad to support this resolution. nearly 20 percent of the landmass of United States means it when it says it I reserve the balance of my time. Georgia. It is having a real-world im- will support its allies. Mr. ROYCE. Mr. Speaker, I yield my- pact in terms of a threat to that part And that is just the way it is. self such time as I may consume. of the region, a threat in terms of in- Mr. Speaker, since it regained its Mr. ENGEL. Mr. Speaker, I yield my- vestment, and a threat in terms of fur- independence back in 1991 with the col- self such time as I may consume. ther economic development to that lapse of the Soviet Empire at the time, I rise in support of this measure. Georgia has repeatedly proven that it country. I am glad that Mr. POE said, ‘‘That is What has been, I think, impressive is indeed a strong partner of the United just the way it is,’’ because I agree. It States. are the market reforms that have is just the way it is. I agree with every- Russian President Vladimir Putin is taken place there, the way that the thing he says, and I want to thank him trying to sever our connection in order economy has burgeoned as a con- and Mr. CONNOLLY for their work on to reestablish Russia’s domination over sequence of those market reforms, but, this very timely resolution. Georgia. That is part of the problem again, the way in which the Russian Mr. Speaker, it is clear that Russian here. Ever since he came to power in threat threatens all of that in terms of President Vladimir Putin is doing ev- 2000, President Putin has pursued an the growing democratic movement, the erything in his power to steamroll the aggressive policy toward Georgia that growing economy, and the change in efforts of the U.S. and our allies over has included economic coercion, armed people’s lives. many decades to build a Europe that is conflict, and occupation of the regions So I just want to praise the gen- whole, free, and at peace; and we of Abkhazia and South Ossetia. This is tleman from California and thank him shouldn’t forget that the illegal occu- similar to his ongoing campaign, for bringing this resolution to the floor pation of Crimea and parts of eastern frankly, against Ukraine where Russia because I think it does make a dif- Ukraine isn’t the first time he has has annexed Crimea outright. ference in terms of a signal to that trampled on his neighbors’ territorial President Putin has these territorial part of the world wherein people that integrity. ambitions in Georgia as well and is we met with and saw firsthand are see- Last month, we marked 8 years since promoting separatist forces in ing the consequence of the Russian oc- Russian troops moved into Georgia, Abkhazia and in South Ossetia with cupation. where they remain to this day. Now, I the ultimate goal of annexing those re- Mr. ENGEL. Mr. Speaker, I yield my- believe keeping Georgia out of NATO gions outright or in all but name. In self such time as I may consume. in 2008 was a terrible mistake, and, in- fact, Russia has already formally rec- It is clear that Vladimir Putin has no deed, then-President Medvedev cited ognized these two regions as inde- regard for his neighbor’s sovereignty, the alliance’s failure to put out the pendent countries. and I think we should be doing more to welcome mat for Georgia as a signal As part of that effort, Russia is using push back against Russia’s aggression. that Russia needed to push across the its enormous propaganda machine to We also need to take every chance we border. convince the Georgian people that the get to make clear that his past bad be- U.S. and the west have abandoned havior is not acceptable. Russia’s ille- b 1645 them and that they have no option but gal occupation, as we have said of Yet, even with its sovereignty frac- to submit to Moscow and to submit to Georgia, has gone on for too long. He tured for eight years, Georgia will soon its imperial ambitions. has occupied other places as well: write another chapter in its history of This strategy will soon be put to the Moldova, Crimea, and Ukraine, which freedom and democracy by holding par- test. It is going to be put to the test in is part of Crimea. If we just let him do liamentary elections. Georgia’s parliamentary elections on this, there will be no end in sight. The We went to a celebration—and, I be- October 8 because Moscow is hoping United States has to really be strong lieve Mr. POE was there—celebrating that its campaign of disinformation about this. the 25th anniversary of freedom from will convince the Georgian people that I am glad we are sending this mes- communism by Georgia. Your heart they are alone and helpless and that sage today that we stand with the peo- really has to go out to the Georgian they must give up close ties with the ple of Georgia. We want to see their west or they will face greater hardship. people and what they have been able to country made whole again, and we will Our broadcasts through Radio Free Eu- accomplish under very, very adverse never accept Russia’s illegal claims. rope/Radio Liberty should be an impor- circumstances. I am glad to support this measure. I tant counter to this harmful propa- Georgia was a part of the Soviet urge my colleagues to do the same. Union for so many years. It was clear ganda. By voting overwhelmingly for this Again, this is a bipartisan resolution that they didn’t wish to be, but they resolution, the House will send a pow- because we all oppose aggression, and were forced to be. Then when the So- erful message that will be heard, not Abkhazia and South Ossetia should not viet Union collapsed, Georgia, of only throughout Georgia, but in the be occupied. It should go back and be course, was an independent country Kremlin as well, and that message is part of the rest of the country in a free and declared so, but that wasn’t good the United States will not accept Rus- and independent Georgia. enough for Mr. Putin. sia’s efforts to undermine Georgia’s I urge my colleagues to support this So the resolution we are considering sovereignty and their territorial integ- measure. today reaffirms the commitment of the rity and that we will always remain a I yield back the balance of my time. United States to our partners in Geor- strong partner of this embattled de- Mr. ROYCE. Mr. Speaker, I yield my- gia. We believe that Georgia’s terri- mocracy and of the brave Georgian self such time as I may consume. torial integrity should be restored, just people. I would just close by acknowledging as with Ukraine. We do not recognize I reserve the balance of my time. again and thanking Judge POE, Chair- Russia’s occupation of parts of that Mr. ENGEL. Mr. Speaker, I reserve man POE, a valued member of the For- country as legitimate, and we never the balance of my time. eign Affairs Committee and author of will. I think we have to state that Mr. ROYCE. Mr. Speaker, I yield this measure, for this resolution and again. The Russian occupation of parts such time as he may consume to the for his focus to see that we collectively of Georgia is illegal, and Georgia gentleman from South Carolina (Mr. send a clear and powerful message to should remain whole and free, and the SANFORD). the people of Georgia and to President Russians ought to get out. Mr. SANFORD. Mr. Speaker, I thank Vladimir Putin that the U.S. is and We view Georgia’s democracy and vi- Chairman ROYCE so much for his indul- will remain a steadfast friend of this brant society as a beacon in an increas- gence in terms of time. embattled democracy.

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.079 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5139 I would also add that Judge POE’s Georgians as they prepare to go to the polls RECOGNIZING THE IMPORTANCE resolution comes at a crucial time be- that the U.S. supports them in their efforts to OF THE UNITED STATES-REPUB- cause the Kremlin is trying to convince develop a sovereign, independent, and pros- LIC OF KOREA-JAPAN TRI- the Georgian people that we have aban- perous country. LATERAL RELATIONSHIP doned them and that they have no I thank my good friend Mr. POE for intro- Mr. ROYCE. Mr. Speaker, I move to choice but to submit to Moscow. ducing this resolution in support of Georgia suspend the rules and agree to the reso- I think by passing this resolution we and urge my colleagues to support it. lution (H. Res. 634) recognizing the im- will send our own message. We will Mr. CONNOLLY. Mr. Speaker, I rise today portance of the United States-Republic send a powerful message of support to in support of H. Res. 660, expressing support of Korea-Japan trilateral relationship the people of Georgia and ensure that, for the territorial integrity of Georgia. to counter North Korean threats and when the Georgians cast their vote in I want to thank the Chairman and Ranking nuclear proliferation, and to ensure re- next month’s parliamentary elections, Member for shepherding this measure through gional security and human rights. they will do so confident that the the House Foreign Affairs Committee. The Clerk read the title of the resolu- American people will stand by them. I introduced this resolution with my col- tion. I yield back the balance of my time. league and fellow co-chair of the Congres- The text of the resolution is as fol- Mr. SMITH of New Jersey. Mr. Speaker, I sional Caucus on Georgia, Judge TED POE. lows: rise in strong support of this resolution (H. It serves as a clear and unequivocal state- H. RES. 634 Res. 660) to support the territorial integrity of ment in support of the sovereign territory of Whereas, on January 6, 2016, North Korea Georgia. Georgia and it reiterates the longstanding pol- conducted its fourth nuclear test and on Feb- I want to thank my good friends and col- icy of the United States to not recognize terri- ruary 6, 2016, North Korea conducted an leagues Mr. POE and Mr. CONNOLLY for intro- Intercontinental Ballistic Missile technology torial changes effected by force, as dictated by test, both constituting direct and egregious ducing this excellent resolution, which con- the Stimson Doctrine—established in 1932 by demns Russia’s ongoing illegal activities along violations of United Nations Security Coun- then Secretary of State Henry L. Stimson. cil resolutions; the occupation line in Abkhazia and South In Georgia and elsewhere in the region, Whereas each of the governments of the Ossetia. Russia has committed gross violations of United States, the Republic of Korea (ROK), Mr. Speaker, Russia’s invasion and occupa- these principles by fomenting unrest and aid- and Japan have condemned the tests, under- tion of Georgian territory violates the Helsinki ing separatist movements in the countries scoring the importance of a strong and Final Act, as well as the core principles of sev- along its periphery. united international response; eral multilateral agreements, the Budapest Whereas the ROK President Park Geun-hye Foundational multilateral agreements Memorandum, and the United Nations Char- and Japan Prime Minister Shinzo Abe have reached for the purpose of maintaining a ter. The United States has not recognized agreed to work with the United States both peaceful and stable international order, such to institute strong measures in reaction to Russia’s illegal attempt to separate Abkhazia as the Helsinki Final Act of 1975 and the North Korean provocations, and to prevent and South Ossetia from Georgia as legitimate Charter of the United Nations, have been will- North Korea from becoming a nuclear weap- in any way—and this resolution sends a pow- fully disregarded by Russia at Putin’s behest. ons state; erful message that in this policy the adminis- This resolution condemns strongly the forc- Whereas the United States, ROK, and tration has the full support of Congress. Japan have signed a framework to enhance ible and illegal occupation of the Abkhazia and I was in Georgia in August, 2008, arriving information sharing called the ‘‘Trilateral South Ossetia regions in Georgia, and calls on about two weeks after the Russian invasion. Information Sharing Arrangement Con- Russia to withdraw its troops from the terri- The human suffering generated by the inva- cerning the Nuclear and Missile Threats tories. sion was immense, with over 192,000 people Posed by North Korea’’; Whereas Seoul, the capital of the Republic displaced and several hundred killed. Several Russian forces continue to harass civilian communities along the administrative bound- of Korea (ROK), is 35 miles from the Demili- of my constituents found themselves trapped tarized Zone, and Japan is 650 miles from behind Russian lines in South ary line and impede the right of return of inter- nally displaced persons. North Korea, both within reach of North Ko- Ossetia—we were able to get them out rea’s weapons; with help from our very capable ambassador, This resolution is about restoring the terri- Whereas North Korea already has an esti- John Tefft, now serving as our ambassador to torial integrity of a sovereign state and uphold- mated stockpile of nuclear material that Russia, and the assistance of another coun- ing the commitments and promise of the U.S.- could be converted into 13-21 nuclear weap- try’s diplomatic mission. Georgia Charter on Strategic Partnership—a ons, with clear intentions to continue build- framework founded on support for each oth- ing its nuclear arsenal; The Russian occupation of Georgian terri- Whereas North Korea consistently con- tory is a festering sore that has not healed in er’s sovereignty, the strengthening of Geor- gian democracy, and the Euro-Atlantic integra- ducts destabilizing domestic military drills, the eight years that have elapsed since the in- including firing short range missiles into the vasion. tion of Georgia. territorial waters of its neighbors; Mr. Speaker, the resolution notes: ‘‘the Rus- Support for this resolution would be con- Whereas Admiral William Gortney, Com- sian Federation is building barbed wire fences sistent with the recent Warsaw Summit Com- mander of the United States Northern Com- and installing, so-called ‘border signs’ and munique issued by the NATO Heads of State mand has assessed on October 5, 2015, that other artificial barriers along the occupation and Government on July 9, 2016 in which the North Koreans ‘‘have the capability to line and depriving the people residing within NATO reaffirmed its support for the territorial reach the [U.S.] homeland with a nuclear weapon from a rocket’’ and U.S. Forces the occupied regions and in the adjacent integrity, independence, and sovereignty of Georgia. Korea Commander General Curtis M. areas of their fundamental rights and free- Scaparrotti said on October 24, 2014, that doms.’’ I would ask that my colleagues support this North Koreans ‘‘have the capability to have Mr. Speaker, I saw this new Iron Curtain important and timely resolution. miniaturized the device [a nuclear warhead] with my own eyes in July. I was in Georgia, The SPEAKER pro tempore (Mr. at this point, and they have the technology leading the U.S. Delegation to the OSCE Par- YODER). The question is on the motion to potentially deliver what they say they liamentary Assembly, and made a visit to what offered by the gentleman from Cali- have.’’; our embassy calls the occupation line with fornia (Mr. ROYCE) that the House sus- Whereas the United States’ deployment of the Terminal High Altitude Area Defense some of my congressional colleagues. We pend the rules and agree to the resolu- tion, H. Res 660. (THAAD) system would greatly improve the looked over Russia’s fortified line from an ob- ROK’s missile defense capabilities and the servation platform—and what we saw re- The question was taken. ability of the United States-ROK-Japan co- minded me of the old Soviet Union. The Rus- The SPEAKER pro tempore. In the operative efforts to deter North Korea’s sian troops came to the checkpoint and made opinion of the Chair, two-thirds being threats and provocations; people wait upwards of 12 hours to cross over in the affirmative, the ayes have it. Whereas from June 20, 2016, through June with foodstuffs and reach people on the other Mr. POE of Texas. Mr. Speaker, on 28, 2016, the United States Navy, the Japa- side. A Russian guard used a camera to film that I demand the yeas and nays. nese Maritime Self Defense Force, and the The yeas and nays were ordered. Republic of Korea Navy conducted their me and the other members who were standing third biennial Pacific Dragon exercise, a tri- on the platform. Tensions were thick. The SPEAKER pro tempore. Pursu- lateral event focusing on ballistic missile de- Mr. Speaker, this resolution comes at a ant to clause 8 of rule XX, further pro- fense; timely moment, as Georgia prepares for its ceedings on this motion will be post- Whereas the Report of the United Nations parliamentary elections in October. It reminds poned. Commission of Inquiry on human rights in

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Today, with an ever more bel- gional stability. ing continued North Korean human rights ligerent North Korea, this partnership I thank Chairman ROYCE, and I thank violations in Seoul, with the strong support has never been more crucial. Mr. SALMON for his hard work and lead- of the Governments of the United States, As we know, only weeks ago, the Kim ership. ROK, and Japanese governments; and regime test-fired a submarine-launched I reserve the balance of my time. Whereas a strong United States-Republic ballistic missile. Although the missile b 1700 of Korea-Japan trilateral relationship is a traveled only 310 miles in the direction stabilizing force for peace and security in the of Japan, clearly Pyongyang is one Mr. ROYCE. Mr. Speaker, I yield 4 region, with capabilities to combat future step closer to being able to target any minutes to the gentleman from Ari- provocations from North Korea: Now, there- site in the Pacific. Our governments zona (Mr. SALMON). He is chairman of fore, be it Resolved, That the House of Representa- rightly stood side by side condemning the Foreign Affairs Subcommittee on tives— this act. Asia and the Pacific. He is also author (1) strongly condemns North Korea’s nu- Mr. Speaker, our defense cooperation of this measure, but I wanted to thank clear tests, missile launches, and continued with South Korea and Japan is strong, him particularly for his deep engage- provocations; but we must remain vigilant. While ment in Asia on this and so many other (2) reaffirms the importance of the United there are a seemingly inexhaustible issues as well. States-Republic of Korea (ROK)-Japan tri- number of threats around the world, I Mr. SALMON. Mr. Speaker, today I lateral relationship to counter North Korea’s believe Navy Admiral Harry Harris, rise in support of House Resolution 634, destabilizing activities and nuclear prolifera- commander of PACOM, was fundamen- tion, and to bolster regional security; recognizing the importance of the (3) supports joint military exercises and tally correct when he identified North United States-Republic of Korea-Japan other efforts to strengthen cooperation, im- Korea, for now, and Kim Jong-un as the trilateral relationship to counter prove defense capabilities, and oppose re- greatest immediate threat to Asia, the North Korean threats and nuclear pro- gional threats like North Korea; Pacific, and the United States. liferation, and to ensure regional secu- (4) encourages the deployment and United I urge my colleagues to support our rity and human rights. States-ROK-Japan coordination of regional close alliances with South Korea and I thank Chairman ROYCE and Rank- advanced ballistic missile defense systems Japan and pass this important resolu- ing Member ENGEL for their support of against North Korea’s nuclear and missile tion. threats and provocations; this legislation as well as all of my col- I reserve the balance of my time. leagues on both sides of the aisle for (5) calls for the expansion of information Mr. ENGEL. Mr. Speaker, I yield my- and intelligence sharing and sustained diplo- this bipartisan effort. self such time as I may consume. As we have all seen, North Korea matic cooperation between the United I rise in support of this measure. Let States, ROK, and Japan; and continues its provocations, which we me start by thanking the gentleman (6) underscores the importance of the tri- saw again as recently as 2 days ago, from Arizona (Mr. SALMON), the chair lateral relationship in tracking North Korea when Kim Jong-Un’s regime launched of the Subcommittee on Asia and the human rights violations and holding it ac- three more missiles during the final countable for its abuses against its citizens Pacific, for offering this resolution. day of the G20 summit. Not only did and the citizens of other countries. Mr. Speaker, this week the Kim re- this fly in the face of multiple U.N. res- The SPEAKER pro tempore. Pursu- gime in North Korea has again shown olutions, but was a calculated chal- ant to the rule, the gentleman from the world that it has no intention of lenge to the international order. California (Mr. ROYCE) and the gen- abandoning its destabilizing and pro- The administration’s strategy of tleman from New York (Mr. ENGEL) vocative pattern of behavior. The re- strategic patience with North Korea each will control 20 minutes. cent missile launches are a reminder clearly has not worked. What is also The Chair recognizes the gentleman that we must keep up the pressure on clear is that we must work proactively from California. that rogue country. with our allies to counter North Ko- GENERAL LEAVE I am glad President Obama and rean threats and nuclear proliferation. Mr. ROYCE. Mr. Speaker, I ask unan- President Park of South Korea met The Republic of Korea-Japan rela- imous consent that all Members may this week about these latest tests, and tionship has improved dramatically in have 5 legislative days to revise and ex- I am glad they agreed that the new recent years as each partner has recog- tend their remarks and to include any U.N. sanctions against Pyongyang nized the shared interests and values of extraneous material on this resolution. should be fully implemented. The SPEAKER pro tempore. Is there That meeting was a reminder that the other, demonstrated by the deep objection to the request of the gen- one of our best tools for dealing with and longstanding alliances each of tleman from California? North Korea is the United States- them has with the United States. Our There was no objection. Japan-South Korea trilateral relation- three nations working together as one Mr. ROYCE. Mr. Speaker, I yield my- ship. These ties allow our countries to against North Korea’s threats will fos- self such time as I may consume. coordinate more closely on security ter improved regional security and se- Mr. Speaker, I rise in support of H. issues, to share intelligence more cure fundamental human rights for the Res. 634, recognizing the importance of quickly and effectively, and to pack a North Korean people. the United States-Republic of Korea- bigger punch as we work to hold the I have no doubt that North Korea Japan trilateral relationship to Kim regime in North Korea account- will continue its provocations, and we counter North Korean threats and nu- able for its atrocious record and dan- must stand firm with our allies to clear proliferation, and to ensure re- gerous record and terrible record on counter its aggression. This resolution gional security and human rights. human rights. puts forth congressional intent to bol- With North Korea’s continued belli- I visited North Korea twice, Mr. ster the trilateral relationship and of- cose rhetoric and their belligerent ac- Speaker, and I can tell you the people fers further support for regional bal- tions, it is critical that we stand with of that country deserve much, much listic missile defense systems. our Korean and Japanese allies to en- better. In my view, we should be look- Our alliances with Korea and Japan sure the stability of the Asia Pacific. ing for ways to work even more closely are the cornerstones of peace and secu- And this resolution expresses strong with South Korea and Japan; and we rity in northeast Asia. We enjoy robust support for not only increased tri- need to keep up the pressure on China security with both countries, from the lateral cooperation, but for the deploy- and Russia to do more to address the forward deployment of assets, to joint ment of the missile defense system, challenge of North Korea. China can military exercises, to information and THAAD, which will be deployed late put pressure on North Korea. China is intelligence sharing. In fact, Korea re- next year. the only one that can control what cently elected to deploy, as Mr. ROYCE Importantly, this bill states that a North Korea does, and yet all we get is just referred to, the U.S. Terminal strong United States-Republic of lip service. It is not acceptable. High Altitude Area Defense system,

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We know Shifting gears just a little bit, I North Korea’s ongoing nuclear tests that high-level diplomats and military would also like to take a moment to and missile launches, it is imperative leaders are defecting, recognizing that mention an American student, David that the United States work even more they will be held accountable if they Sneddon, who disappeared in 2004 with- closely with these allies to counter this continue to support Kim Jong-Un’s out explanation while hiking in south- persistent threat. barbaric regime. west China. He was fluent in Korean, I introduced this resolution to reaf- The trilateral relationship is also and some respective experts have sug- firm the importance of the trilateral critically important to ensure regional gested that he may have been abducted relationship in this tense and unstable security. North Korea’s nuclear quest by North Korea to train their intel- time. It supports regional allied re- and the multiple recent tests of missile ligence operatives in English and West- sponses to North Korean threats and technology demonstrate again that ern culture. Recently—in fact, just last human rights abuses, and calls for ex- China cannot or will not control its week—a news outlet in Japan reported pansion of information sharing and protege. Despite China’s objections, that a North Korea defector had seen other diplomatic relationships between there is need for deployment of the David and that he was alive, that he our three countries. Terminal High Altitude Area Defense was teaching English in North Korea. This is a very important measure for system and to conduct joint military I have sponsored a House resolution the security of our homeland; that of exercises to strengthen coordination that asks the State Department to in- our allies, Korea and Japan; and the and cooperation posed by the threat of vestigate the theory that David may international community at large. I the North Korean military. have been abducted by the North Ko- encourage all Members to support this I support the resolution strongly and rean regime, and I urge the House to legislation. hope the House votes unanimously for vote on this important resolution. Mr. ENGEL. Mr. Speaker, I will close it. That is why this resolution that we are now if there are no speakers on the Mr. ENGEL. Mr. Speaker, I continue speaking about today is so important. other side. If there is a speaker, then I to reserve the balance of my time. It is one of the foundations that is nec- reserve the balance of my time. Mr. ROYCE. Mr. Speaker, I yield 3 essary in order for us to move forward Mr. ROYCE. Mr. Speaker, I yield 3 minutes to the gentleman from Utah on these others. So I urge my col- minutes to the gentleman from New (Mr. STEWART), a member of the Com- leagues to support House Resolution Jersey (Mr. SMITH). He is the chairman mittee on Appropriations and the Per- 634, as a strong United States, Japan, of the Foreign Affairs Subcommittee manent Select Committee on Intel- and South Korea relationship is crit- on Africa, Global Health, Global ligence. ical to stopping North Korea expansion Mr. STEWART. Mr. Speaker, I would Human Rights, and International Orga- and operating as a criminal enterprise. like to thank the chairman and Mr. nizations. I thank the chairman again for let- Mr. SMITH of New Jersey. Mr. SALMON for letting me speak in support ting me speak on behalf of this resolu- Speaker, I want to thank the distin- of this resolution. I have worked very tion. guished chairman for yielding and for closely over the last several years with his leadership on this issue and Rank- the Embassy of Japan. I was honored, Mr. ENGEL. Mr. Speaker, in closing, let me say that greater stability and ing Member ENGEL, and especially for example, to host the Deputy Am- security across the Asia Pacific needs thank Chairman SALMON for authoring bassador last month in Utah. My par- this important piece of legislation. ents lived for 3 years as a military fam- to be a top priority for the United North Korea, as we know, poses an ily in Japan, and I remember growing States. Our interests in the alliances in existential threat to its neighbors and up, our house was filled with Japanese that part of the world are only growing requires constant vigilance and close art and beautiful bonsai trees. I also more and more important with each cooperation of regional allies. The alli- feel a personal connection with South passing day. ance between the United States, South Korea, where one of my sons served as So when we see a threat like North Korea, and Japan is vital to curtail a missionary for 2 years. Both Japan Korea, we need to work with our part- North Korea’s ever-worsening saber and South Korea are not only critical ners in the region to respond. That is rattling and to ensure regional secu- allies of the United States, but they why our trilateral ties with South rity and human rights. are critical to security and to peace Korea and Japan are so important. A strong relationship between the re- throughout Asia. This is an alliance that has under- gion’s leading democracies is also criti- As a member of the House Permanent pinned and will continue to underpin cally important to provide a balance to Select Committee on Intelligence, I am security in Asia for years to come, and China’s increasingly uncertain diplo- reminded every day that we live in a we are doing the right thing by voicing macy. China subsidizes North Korea’s dangerous world. On top of the list of our strong support for it. I support this bad behavior, enables the torture of dangerous challenges is North Korea, measure, and I ask all my colleagues to asylum seekers by repatriating those which is a brutal, thuggish, repressive support it. who escape to China in direct con- regime that unquestionably challenges Mr. Speaker, I yield back the balance travention of the Refugee Convention, international security and stability. of my time. which they have signed and ratified, For example, as has been mentioned Mr. ROYCE. Mr. Speaker, in closing, and provides Kim Jong-Un needed cur- here a number of times now, we learned I would just point out that as Kim rency by employing thousands of traf- just within the last few weeks that Jong-Un continues to ratchet up his ficked workers. three new ballistic missiles had been aggressive actions, we need to stand Though the U.N. Commission of In- launched toward Japan. Unfortunately, shoulder to shoulder with our Korean quiry on North Korea recommended this isn’t new. Reports of similar mis- and Japanese allies, and part of this the U.N. impose targeted sanctions on sile launches from North Korea seem to also means being more proactive in im- the North Korean leaders responsible be almost routine, and that is why this plementing the North Korea sanctions for massive crimes against humanity, resolution is so important. Not only law that was passed earlier this year. China blocked effective U.N. actions. does it condemn North Korea’s nuclear It is unacceptable that no Chinese That is why the U.S., South Korea, and test and missile launches, it also reaf- companies have yet been sanctioned Japan must work together to identify firms the importance of a strong rela- under the new law by the administra- and list those North Koreans respon- tionship, once again, between Japan, tion. We are working on that, but sible for egregious human rights South Korea, and the United States. today this resolution before us sends a abuses. A strong relationship between our very strong signal that our trilateral Pyongyang’s enablers, abusers, and three countries is more important now partnership will remain a standard for nuclear customers must be identified, than it ever has been before, as we co- security in the Asia Pacific. I urge all and those responsible individuals for ordinate more advanced regional bal- Members’ support.

VerDate Sep 11 2014 06:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.085 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5142 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Mr. Speaker, I yield back the balance the United States foreign assistance ‘‘(i) early childhood development; of my time. policy, and for other purposes, as ‘‘(ii) life skills and workforce development; Mr. CONNOLLY. Mr. Speaker, I rise today amended. ‘‘(iii) economic opportunity; in support of H. Res. 634, expressing support The Clerk read the title of the bill. ‘‘(iv) gender parity; The text of the bill is as follows: ‘‘(v) food and nutrition security; for the U.S.-Republic of Korea-Japan trilateral ‘‘(vi) water, sanitation, and hygiene; H.R. 4481 relationship. ‘‘(vii) health and disease prevention and The United States-Republic of Korea-Japan Be it enacted by the Senate and House of Rep- treatment; trilateral relationship is strategically vital to resentatives of the United States of America in ‘‘(viii) disaster preparedness; countering the provocations emanating from Congress assembled, ‘‘(ix) conflict and violence reduction, miti- North Korea, and this resolution provides guid- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. gation, and prevention; and ance for what should be our shared priorities (a) SHORT TITLE.—This Act may be cited as ‘‘(x) democracy and governance; and the ‘‘Education for All Act of 2016’’. ‘‘(C) monitor and evaluate the effective- in addressing the threat posed by the paranoid (b) TABLE OF CONTENTS.—The table of con- regime in Pyongyang. ness and quality of basic education pro- tents for this Act is as follows: grams. As a co-chair of the Congressional Caucus Sec. 1. Short title; table of contents. ‘‘(2) PRINCIPLES.—In carrying out the pol- on Korea, I remain deeply concerned with the Sec. 2. Sense of Congress. icy referred to in paragraph (1), the United Sec. 3. Assistance to promote sustainable, volatility and ever-present potential of conflict States shall be guided by the following prin- quality basic education. on the Korean Peninsula. ciples of aid effectiveness: Sec. 4. Comprehensive integrated United It is a specter that looms over 75 million Ko- LIGNMENT States strategy to promote ‘‘(A) A .—Assistance provided reans and, for their sake and that of the re- basic education. under this section to support programs and gion, the U.S., the Republic of Korea, Japan, Sec. 5. Improving coordination and over- activities under this subsection shall be China, and other regional stakeholders must sight. aligned with and advance United States dip- demonstrate commitment to addressing this Sec. 6. Monitoring and evaluation of pro- lomatic, development, and national security interests. threat. grams. ‘‘(B) COUNTRY OWNERSHIP.—To the greatest The Korean Peninsula is one of the most Sec. 7. Transparency and reporting to Con- gress. extent practicable, assistance provided under dangerous flashpoints on the globe. There Sec. 8. Definitions. this section to support programs and activi- have been recent developments in the North SEC. 2. SENSE OF CONGRESS. ties under this subsection should be aligned Korea saga that are profoundly troubling and It is the sense of Congress that— with and support the national education deserve an immediate response from Con- (1) education lays the foundation for in- plans and country development strategies of gress. creased civic participation, democratic gov- partner countries, including activities that North Korea’s fourth nuclear weapons test ernance, sustained economic growth, and are appropriate for and meet the needs of and ongoing ballistic missile tests confirm that healthier, more stable societies; local and indigenous cultures. ‘‘(C) COORDINATION.— the regime in Pyongyang is committed to (2) it is in the national interest of the United States to promote access to sustain- ‘‘(i) IN GENERAL.—Assistance provided defying international norms and destabilizing able, quality universal basic education in de- under this section to support programs and the Asia-Pacific region. veloping countries; activities under this subsection should be co- This resolution, sanctions passed by Con- (3) United States resources and leadership ordinated with and leverage the unique capa- gress, the United Nations Security Council should be utilized in a manner that best en- bilities and resources of local and national Resolution 2270, the R.O.K.’s decision to sures a successful international effort to pro- governments in partner countries, other do- close Kaesong Industrial Complex, and the re- vide children in developing countries with a nors, multilateral institutions, the private cent agreement to deploy the THAAD missile quality basic education in order to achieve sector, and nongovernmental and civil soci- ety organizations, including faith-based or- defense system to the Peninsula constitute a the goal of quality universal basic education; and ganizations and organizations that represent concerted effort to target North Korea’s illicit (4) promoting gender parity in basic edu- teachers, students, and parents. trade networks and protect a vital U.S. ally cation from childhood through adolescence ‘‘(ii) MULTILATERAL PROGRAMS AND INITIA- from the illicit nuclear program that has made serves United States diplomatic, economic, TIVES.—Assistance provided under this sec- North Korea a world pariah. and security interests worldwide. tion to support programs and activities The North Korean threat endangers the se- SEC. 3. ASSISTANCE TO PROMOTE SUSTAINABLE, under this subsection should be coordinated curity and stability of close and valued de- QUALITY BASIC EDUCATION. with and support proven multilateral edu- fense treaty allies, the R.O.K. and Japan. Section 105 of the Foreign Assistance Act cation programs and financing mechanisms, which may include the Global Partnership The U.S. has met this challenge with secu- of 1961 (22 U.S.C. 2151c) is amended by adding at the end the following: for Education, that demonstrate commit- rity assurances, military resources, deepened ‘‘(c) ASSISTANCE TO PROMOTE SUSTAINABLE, ment to efficiency, effectiveness, trans- economic ties, and an effort to marshal the QUALITY BASIC EDUCATION.— parency, and accountability. opposition of the international community ‘‘(1) POLICY.—In carrying out this section, ‘‘(D) EFFICIENCY.—The President shall seek against a nuclear armed North Korea. it shall be the policy of the United States to to improve the efficiency and effectiveness of We must continue to demonstrate the re- work with partner countries, other donors, assistance provided under this section to solve to achieve a nuclear-weapon-free Ko- multilateral institutions, the private sector, support programs and activities under this rean Peninsula. and nongovernmental and civil society orga- subsection by coordinating the related ef- The SPEAKER pro tempore. The nizations, including faith-based organiza- forts of relevant Executive branch agencies tions and organizations that represent teach- and officials, including efforts to increase question is on the motion offered by ers, students, and parents, to promote sus- gender parity and to provide a continuity of the gentleman from California (Mr. tainable, quality basic education through basic education activities in humanitarian ROYCE) that the House suspend the programs and activities that, consistent responses and other emergency settings. rules and agree to the resolution, H. with Article 26 of the Universal Declaration ‘‘(E) EFFECTIVENESS.—Programs and ac- Res. 634, as amended. of Human Rights— tivities supported under this subsection shall The question was taken; and (two- ‘‘(A) align with and respond to the needs, be designed to achieve specific, measurable thirds being in the affirmative) the capacities, and commitment of developing goals and objectives and shall include appro- rules were suspended and the resolu- countries to strengthen educational systems, priate targets, metrics and indicators that expand access to safe learning environments, can be applied with reasonable consistency tion, as amended, was agreed to. ensure continuity of education, measurably across such programs and activities to meas- A motion to reconsider was laid on improve teacher skills and learning out- ure progress and outcomes. the table. comes, and support the engagement of par- ‘‘(F) TRANSPARENCY AND ACCOUNTABILITY.— f ents in the education of their children, so Programs and activities supported under this that all children, including marginalized subsection shall be subject to rigorous moni- EDUCATION FOR ALL ACT OF 2016 children and other vulnerable groups, may toring and evaluation, which may include Mr. ROYCE. Mr. Speaker, I move to have access to and benefit from quality basic impact evaluations, the results of which suspend the rules and pass the bill education; and shall be made publically available in a fully (H.R. 4481) to amend the Foreign As- ‘‘(B) promote education as a foundation for searchable, electronic format. sistance Act of 1961 to provide assist- sustained economic growth and development ‘‘(3) PRIORITY AND OTHER REQUIREMENTS.— within a holistic assistance strategy that The President shall ensure that assistance ance for developing countries to pro- places partner countries on a trajectory to- provided under this section to support pro- mote quality basic education and to es- ward graduation from assistance provided grams and activities under this subsection is tablish the goal of all children in under this section and contributes to im- aligned with the diplomatic, economic, and school and learning as an objective of proved— national security interests of the United

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States and that priority is given to devel- ‘‘(G) GENDER PARITY IN BASIC EDUCATION.— (f) ACTIVITIES SUPPORTED.—Assistance pro- oping countries in which— The term ‘gender parity in basic education’ vided under section 105 of the Foreign Assist- ‘‘(A) there is the greatest need and oppor- means that girls and boys have equal access ance Act of 1961 (as amended by section 3 of tunity to expand access to basic education to quality basic education. this Act) should advance the strategy re- and to improve learning outcomes, including ‘‘(H) NONFORMAL EDUCATION.—The term quired by subsection (a), including through for marginalized and vulnerable groups, par- ‘nonformal education’— efforts to— ticularly women and girls, or populations af- ‘‘(i) means organized educational activities (1) ensure an adequate supply and contin- fected by conflict or crisis; and outside the established formal system, ued support for trained, effective teachers; ‘‘(B) such assistance can produce a sub- whether operating separately or as an impor- (2) design and deliver relevant curricula, stantial, measurable impact on children and tant feature of a broader activity, that are uphold quality standards, and supply appro- educational systems. intended to serve identifiable learning clien- priate teaching and learning materials; ‘‘(4) DEFINITIONS.—In this subsection: teles and learning objectives; and (3) build the capacity of basic education ‘‘(A) BASIC EDUCATION.—The term ‘basic ‘‘(ii) includes youth programs and commu- systems in partner countries by improving education’ includes— nity training offered by community groups management practices and supporting their ‘‘(i) all program and policy efforts aimed at and organizations. ability to collect relevant data and monitor, improving early childhood, preprimary edu- ‘‘(I) SUSTAINABILITY.—The term ‘sustain- evaluate, and report on the status and qual- cation, primary education, and secondary ability’ means, with respect to any basic ity of education services, financing, and stu- education, which can be delivered in formal education program that receives funding dent-learning outcomes; and nonformal education settings, and in pursuant to this section, the ability of a (4) help mobilize domestic resources to programs promoting learning for out-of- service delivery system, community, part- eliminate or offset fees for educational serv- school youth and adults; ner, or beneficiary to maintain, over time, ices, including fees for tuition, uniforms, and ‘‘(ii) capacity building for teachers, admin- such basic education program.’’. materials; istrators, counselors, and youth workers; SEC. 4. COMPREHENSIVE INTEGRATED UNITED (5) support education on human rights and ‘‘(iii) literacy, numeracy, and other basic STATES STRATEGY TO PROMOTE conflict-resolution while ensuring that skills development that prepare an indi- BASIC EDUCATION. schools are not incubators for violent extre- (a) STRATEGY REQUIRED.—Not later than vidual to be an active, productive member of mism; October 1, 2016, October 1, 2021, and October society and the workforce; and (6) work with communities to help girls 1, 2026, the President shall submit to the ap- ‘‘(iv) workforce development, vocational overcome relevant barriers to their receiving propriate congressional committees a com- training, and digital literacy that is in- a safe, quality basic education, including by prehensive United States strategy to pro- formed by real market needs and opportuni- improving girls’ safety in education settings, mote quality basic education in partner ties. helping girls to obtain the skills needed to countries by— ‘‘(B) PARTNER COUNTRY.—The term ‘partner find safe and legal employment upon conclu- (1) seeking to equitably expand access to country’ means a developing country that sion of their education, and countering basic education for all children, particularly participates in or benefits from basic edu- harmful practices such as child, early, and marginalized children and vulnerable groups; cation programs under this subsection pursu- forced marriage and gender-based violence; and ant to the prioritization criteria described in (7) ensure access to education for the most (2) measurably improving the quality of paragraph (3), including level of need, oppor- marginalized children and vulnerable groups, basic education and learning outcomes. tunity for impact, and the availability of re- including through the provision of appro- (b) REQUIREMENT TO CONSULT.—In devel- priate infrastructure, flexible learning op- sources. oping the strategy required by subsection ‘‘(C) RELEVANT EXECUTIVE BRANCH AGENCIES portunities, accelerated and second-chance (a), the President shall consult with— classes, and opportunities that support lead- AND OFFICIALS.—The term ‘relevant Execu- (1) the appropriate congressional commit- tive branch agencies and officials’ means— ership development; tees; (8) make schools safe and secure learning ‘‘(i) the Department of State, the United (2) relevant Executive branch agencies and States Agency for International Develop- environments without threat of physical, officials; psychological, and sexual violence, including ment, the Department of the Treasury, the (3) partner country governments; and Department of Labor, the Department of by supporting safe passage to and from (4) local and international nongovern- schools and constructing separate latrines Education, the Department of Health and mental organizations, including faith-based Human Services, the Department of Agri- for boys and girls; and organizations and organizations representing (9) support a communities-of-learning ap- culture, and the Department of Defense; students, teachers, and parents, and other ‘‘(ii) the Chief Executive Officer of the Mil- proach that utilizes schools as centers of development partners engaged in basic edu- learning and development for an entire com- lennium Challenge Corporation, the Coordi- cation assistance programs in developing nator of United States Government Activi- munity, to leverage and maximize the im- countries. pact of other development efforts, and reduce ties to Combat HIV/AIDS Globally, the Na- (c) PUBLIC COMMENT.—The President shall duplication and waste. tional Security Advisor, the Director of the provide an opportunity for public comment Peace Corps, and the National Economic Ad- on the strategy required by subsection (a). (g) ADDITIONAL ACTIVITIES SUPPORTED FOR visor; and (d) INITIAL STRATEGY.—For the purposes of COUNTRIES AFFECTED BY CONFLICT AND CRI- ‘‘(iii) any other department, agency, or of- this section, the strategy entitled ‘‘USAID SES.—In addition to the activities supported ficial of the United States Government that education strategy’’, as in effect on the day under subsection (f), assistance provided participates in activities to promote quality before the date of the enactment of this Act, under section 105 of the Foreign Assistance basic education pursuant to the authorities shall be deemed to fulfill the initial require- Act of 1961 (as amended by section 3 of this of such department, agency, or official or ments of subsection (a) for 2016. Act) to foreign countries or those parts of pursuant to this Act. (e) ELEMENTS.—The strategy required by the territories of foreign countries that are ‘‘(D) NATIONAL EDUCATION PLAN.—The term subsection (a) shall be developed and imple- affected by or emerging from armed conflict, ‘national education plan’ means a com- mented consistent with the principles set humanitarian crises, or other emergency sit- prehensive national education plan devel- forth in subsection (c) of section 105 of the uations may be used to support efforts to— oped by partner country governments in con- Foreign Assistance Act of 1961 (as added by (1) ensure a continuity of basic education sultation with other stakeholders as a means section 3 of this Act) and shall seek to— for all children through appropriate formal for wide-scale improvement of the country’s (1) build the capacity of relevant actors in and nonformal education programs and serv- education system, including explicit, cred- partner countries, including in government ices; ible strategies informed by effective prac- and in civil society, to develop and imple- (2) ensure that basic education assistance tices and standards to achieve quality uni- ment national education plans that are of the United States to countries in emer- versal basic education. aligned with and advance country develop- gency settings shall be informed by the Min- ‘‘(E) HIV/AIDS.—The term ‘HIV/AIDS’ has ment strategies; imum Standards of the Inter-Agency Net- the meaning given that term in section (2) identify and replicate successful inter- work for Education in Emergencies (‘‘INEE 104A(h). ventions that improve access to and quality Minimum Standards’’); ‘‘(F) MARGINALIZED CHILDREN AND VULNER- of education; (3) coordinate basic education programs ABLE GROUPS.—The term ‘marginalized chil- (3) project general levels of resources need- with complementary services to protect chil- dren and vulnerable groups’ includes girls, ed to achieve stated program objectives; dren from physical harm, psychological and children affected by or emerging from armed (4) leverage United States capabilities, in- social distress, recruitment into armed conflict or humanitarian crises, children cluding through technical assistance, train- groups, family separation, and abuses related with disabilities, children in remote or rural ing and research; and to their displacement; areas (including those who lack access to (5) improve coordination and reduce dupli- (4) support, train, and provide professional safe water and sanitation), religious or eth- cation among relevant Executive branch development for educators working in emer- nic minorities, indigenous peoples, orphans agencies and officials, other donors, multi- gency settings; and children affected by HIV/AIDS, child la- lateral institutions, nongovernmental orga- (5) help build national capacity to coordi- borers, married adolescents, and victims of nizations, and governments in partner coun- nate and manage basic education during trafficking. tries. emergency response and through recovery;

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Also, Jessica Kelch, a (A) the provision of safe learning environ- (4) be planned and budgeted to include staff member here on the Committee ments with appropriate facilities, especially funding for both short- and long-term moni- on Foreign Affairs, I appreciate her ef- for girls; toring and evaluation to enable assessment forts as well in making sure that this (B) safe passage to and from school, includ- of the sustainability and scalability of as- came to the floor. ing landmine awareness, the designation of sistance programs; and We all recognize the importance of schools as conflict-free zones, the adoption (5) support the increased use and public education for economic growth. We and support of community-owned protective availability of education data for improved know the impact that it has on social measures to reduce the incidence of attacks decision making, program effectiveness, and on educational facilities and personnel by monitoring of global progress. mobility. We know that the overall stability around the globe is partly de- local actors, armed groups, and armed forces; SEC. 7. TRANSPARENCY AND REPORTING TO (C) out-of-school and flexible-hour edu- CONGRESS. pendent upon this, and as Congress- cation programs in areas where security con- (a) ANNUAL REPORT ON THE IMPLEMENTA- woman NITA LOWEY would tell you, ditions are prohibitive; TION OF STRATEGY.—Not later than March 31 education raises the productivity of (D) safety plans in case of emergency with of each year through 2031, the President shall people. It empowers men, it empowers clearly defined roles for school personnel; submit to the appropriate congressional women to better care for themselves, and committees a report on the implementation better care for their families, and in- (E) appropriate infrastructure, including of the strategy developed pursuant to section creases their civic participation. Even emergency communication systems and ac- 4 and make the report available to the pub- cess to mobile telecommunications with lic. one extra year of schooling has been local police and security personnel. (b) MATTERS TO BE INCLUDED.—The report found to significantly increase a work- SEC. 5. IMPROVING COORDINATION AND OVER- required under subsection (a) shall include— er’s earnings and their lifespan. SIGHT. (1) a description of the efforts made by rel- But despite widespread agreement (a) SENIOR COORDINATOR OF UNITED STATES evant Executive branch agencies and offi- about the benefits of education, the INTERNATIONAL BASIC EDUCATION ASSIST- cials to implement the strategy developed fact remains that an alarming number ANCE.—There is established within the pursuant to section 4 with a particular focus of children worldwide are out of school. United States Agency for International De- on the activities carried out; At present, over 120 million children velopment a Senior Coordinator of United (2) a description of the extent to which States International Basic Education Assist- each partner country selected to receive as- around the globe have never attended ance (referred to in this Act as the ‘‘Senior sistance for basic education meets the pri- or have dropped out of school. More Coordinator’’), who shall be appointed by the ority criteria specified in subsection (c) of than one-third of these children come President. section 105 of the Foreign Assistance Act (as from countries suffering from war and (b) DUTIES.— added by section 3 of this Act); and suffering from conflict. With many re- (1) IN GENERAL.—The Senior Coordinator (3) a description of the progress achieved cent conflicts lasting well over a dec- shall have primary responsibility for the over the reporting period toward meeting the ade, it is easy to see how, tragically, oversight and coordination of all resources goals, objectives, benchmarks, and time- we now have entire generations of chil- and activities of the United States Govern- frames specified in the strategy developed ment relating to the promotion of inter- pursuant to section 4 at the program level, dren who are failing to receive even the national basic education programs and ac- as developed pursuant to monitoring and most basic education. tivities. evaluation specified in section 6. b 1715 (2) SPECIFIC DUTIES.—The Senior Coordi- SEC. 8. DEFINITIONS. Certainly, this is a humanitarian cri- nator shall— (a) APPROPRIATE CONGRESSIONAL COMMIT- sis. But there are clear implications for (A) facilitate program and policy coordina- TEES.—In this Act, the term ‘‘appropriate tion of international basic education pro- congressional committees’’ means— global stability and our national secu- grams and activities among relevant Execu- (1) the Committee on Appropriations and rity as well. tive branch agencies and officials, partner the Committee on Foreign Relations of the What opportunities are available to governments, multilateral institutions, the Senate; and children who remain out of school or private sector, and nongovernmental and (2) the Committee on Appropriations and leave school unable to read, write, or civil society organizations; the Committee on Foreign Affairs of the (B) develop and revise the strategy re- perform basic arithmetic? Sadly, we House of Representatives. know these children face a greatly in- quired under section 4; (b) OTHER DEFINITIONS.—In this Act, the (C) monitor, evaluate, and report on activi- terms ‘‘basic education’’, ‘‘partner country’’, creased risk of abuse at the hands of ties undertaken pursuant to the strategy re- ‘‘relevant Executive branch agencies and of- traffickers, early marriage or forced quired under section 4; and ficials’’, ‘‘national education plan’’, marriage, and recruitment by criminal (D) establish due diligence criteria for all ‘‘marginalized children and vulnerable or terrorist organizations. recipients of funds provided by the United groups’’, and ‘‘gender parity in basic edu- Nowhere is this harsh reality more States to carry out activities under this Act cation’’ have the meanings given such terms clear than in Syria, where an esti- and the amendments made by this Act. in subsection (c) of section 105 of the Foreign mated 4 million Syrian children are (c) OFFSET.—To offset any costs incurred Assistance Act of 1961 (as added by section 3 currently out of school. Inside Syria, by the United States Agency for Inter- of this Act). national Development to carry out the es- these children are being shaped by vio- tablishment and appointment of a Senior Co- The SPEAKER pro tempore. Pursu- lence and a lack of alternatives that ordinator of United States International ant to the rule, the gentleman from place them at a high risk of exploi- Basic Education Assistance in accordance California (Mr. ROYCE) and the gen- tation and of radicalization. As refu- with subsection (a), the President shall tleman from New York (Mr. ENGEL) gees, they are placing tremendous pres- eliminate such positions within the United each will control 20 minutes. sure on the education systems of coun- States Agency for International Develop- The Chair recognizes the gentleman tries like Lebanon, Jordan, Turkey. ment, unless otherwise authorized or re- from California. quired by law, as the President determines That is why I rise today in support of to be necessary to fully offset such costs. GENERAL LEAVE H.R. 4481, the Education for All Act. SEC. 6. MONITORING AND EVALUATION OF PRO- Mr. ROYCE. Mr. Speaker, I ask unan- This bill increases direction and ac- GRAMS. imous consent that all Members may countability for U.S. efforts to impose The President shall seek to ensure that have 5 legislative days to revise and ex- access to basic education in developing programs carried out under the strategy re- tend their remarks and to include any and in conflict-torn countries. quired under section 4 shall— extraneous material on this measure. It requires the President to establish (1) apply rigorous monitoring and evalua- The SPEAKER pro tempore. Is there a strategy for, and report to Congress tion methodologies to focus on learning and objection to the request of the gen- on, how the administration will work accountability; (2) include methodological guidance in the tleman from California? with other countries and donors on how implementation plan and support systemic There was no objection. to build that capacity and how to re- data collection using internationally com- Mr. ROYCE. Mr. Speaker, I yield my- duce duplication, how to measure parable indicators, norms, and methodolo- self such time as I may consume. progress, and how to replicate success

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It also requires in- This is a good bill that will actually Measurable learning outcomes and creased attention to some of the spe- help to put children in classrooms updates to this strategy every 5 years, cific barriers to education that women around the world, giving them a better with feedback from local and inter- and girls face. shot at a full and successful life. national education and development Lastly, the bill establishes a senior I, again, thank my friend NITA partners, will ensure we build upon our coordinator within the U.S. Agency for LOWEY, and I thank the chairman. successes to make progress toward uni- International Development to ensure Mr. Speaker, I reserve the balance of versal education. accountability and oversight across all my time. Additionally, the legislation U.S. agencies that are involved in this Mr. ROYCE. Mr. Speaker, I continue strengthens Congress’ role and en- work. to reserve the balance of my time. hances oversight of these efforts by So, again, I want to thank Represent- Mr. ENGEL. Mr. Speaker, I yield 5 creating a Senior Coordinator of ative LOWEY for her continued bipar- minutes to the gentlewoman from New United States International Basic Edu- tisan leadership on this issue, as well York (Mrs. LOWEY), my friend and a cation Assistance tasked with improv- as my committee’s ranking member, wonderful colleague. ing coordination, monitoring the edu- cation strategy, and reporting to Con- Mr. ENGEL, and the chair of our Africa, Mrs. LOWEY. Mr. Speaker, I want to Global Health, Global Human Rights, thank Chairman ROYCE and Ranking gress on implementation. These efforts will not only teach students the three and International Organizations Sub- Member ENGEL for their support and Rs, they will ultimately help protect committee, Mr. SMITH, for their work their enthusiasm for this bill. vulnerable children from poverty, dis- on this legislation. Mr. Speaker, I rise in full support of ease, hunger, and, ultimately, extre- Mr. Speaker, I reserve the balance of H.R. 4481, the Education for All Act, mism. my time. which I introduced earlier this year with our colleague DAVID REICHERT. I have long said there is no greater Mr. ENGEL. Mr. Speaker, I yield my- force multiplier than education. An self such time as I may consume. Today, millions of American children are settling into new classrooms and education is the fundamental tool with Mr. Speaker, I rise in support of this which girls and boys are empowered to legislation. getting back in the swing of their school routines. Despite the challenges increase their economic potential, im- Let me again thank our chairman, prove their health outcomes, provide ED ROYCE, for his leadership; and I many students and schools face, it is hard for us to imagine this time of year for their families, address cultural bi- want to acknowledge my good friend ases, and participate in their commu- not being occupied with the excitement and neighbor from New York, NITA nities. LOWEY, who authored this bill and has of new school supplies, teachers, and Children who receive a quality edu- long been a champion for expanding ac- school sporting events. Unfortunately, cation also contribute to more pros- cess to education not just here in the the ability to access education at all perous economies and healthier, peace- United States, but around the world. remains a luxury in too many areas ful, and democratic societies. That is Mr. Speaker, a recent report from the around the world. In fact, in 2014, 263 why the 9/11 Commission concluded United Nations tells us that, around million children, adolescents, and that ensuring educational opportunity the world, more than 260 million young youth were not in school. Our own U.S. is essential to defeating global ter- people are not in school. That is 260 Agency for International Development rorism. million, a staggering amount. Millions has reported: The SPEAKER pro tempore. The more are only able to gain a sub- The world is in the midst of a global learn- time of the gentlewoman has expired. standard education. ing crisis. Mr. ENGLE. I yield the gentlewoman We cannot overstate the importance As of 2014, an estimated 25 million an additional 2 minutes. of getting young people off to a good children were never expected to enroll Mrs. LOWEY. First introduced in start by getting them into the class- in school, and 758 million adults could 2004, the bill we consider today rep- room. Every year of primary school in- not read or write a simple sentence. resents many years of hard work to creases an individual’s earning poten- Women and girls represent two-thirds elevate the importance of global edu- tial by 5 to 15 percent. More educated of these staggering figures. Even dar- cation, bipartisan compromise, and the populations are healthier and more ing to attend school requires taking support of over 30 nonprofit and advo- productive, so it is a win all the way life-threatening risk for girls in many cacy organizations, including RE- around. regions. SULTS, the Basic Education Coalition, Promoting access to education isn’t Malala Yousafzai was shot by the the Global Campaign for Education, about helping young people reaching Taliban in Pakistan at the age of 15 for the Global Poverty Project, the Malala their potential. It is also about enhanc- attending school and advocating for Fund, and many other vital partners. ing security and stability. For every other girls to do so. Hundreds of girls So, in closing, I want to thank, again, Chairman ROYCE, Ranking Mem- year a young man spends in school, the have been kidnapped by Boko Haram ber ENGEL, and their hardworking likelihood of him becoming involved in for seeking a basic education and still staffs for their diligent efforts to bring violence and extremism drops by 20 remain hostage. That is why this legis- the Education for All Act before the percent. In places like Afghanistan and lation is so critical. House today. South Sudan, where roughly half of the The promotion of international basic I urge immediate passage. children are not in school, we know education must be among our chief de- Mr. ROYCE. Mr. Speaker, I reserve that violent extremists and others are velopment priorities. Not only is it in the balance of my time to close. only too happy to provide a rotten al- the national security interests of the Mr. ENGEL. Mr. Speaker, I yield my- ternative for these vulnerable young United States, it is simply the right self such time as I may consume. people. That is why access to basic edu- thing to do. In closing, let me say that, if chil- cation needs to be a foreign policy pri- The bill before us today prioritizes dren around the world cannot get a ority. USAID’s work with foreign govern- basic education, it will obviously be This legislation calls for a 5-year ments, NGOs, and multilateral organi- that much harder for them to get strategy for expanding opportunities zations to help nations develop and im- ahead later on in life, to contribute to for kids to go to school all over the plement quality programs, address key their economies and communities, to world, especially where children are barriers to school attendance, and in- help build stability and prosperity, and most vulnerable. It would put a new crease completion rates for the poorest to deprive violent extremists of poten- point person in charge of making sure and most vulnerable children world- tial recruits. that our efforts across government are wide. I think that is an important point. coordinated and effective. It would With a comprehensive strategy, the At a time that we are fighting extre- place a special emphasis on monitoring U.S. can lead the world in expanding mism, children who are uneducated are and evaluation so we know we are get- access to millions of children who much more vulnerable to be swayed by ting the best bang for our buck when it aren’t in school and improving the the allure of violent extremists.

VerDate Sep 11 2014 06:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.090 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5146 CONGRESSIONAL RECORD — HOUSE September 7, 2016 That is why we have made expanding SEC. 2. PURPOSE. (C) international organizations to increase access to education a part of our for- The purpose of this Act is to encourage the their financial support, including grants and eign policy. With this legislation, we efforts of developing countries to improve loans, and technical assistance to expand in- mobile and fixed access to the internet in are building on existing efforts and formation and communications access and order to spur economic growth and job cre- internet connectivity; making sure administrations—this one ation, improve health, education, and finan- (3) promote policy changes that encourage and ones to come—will focus on this cial services, reduce poverty and gender in- first-time affordable access to the internet priority for many, many years to come. equality, mitigate disasters, promote democ- in developing countries, including actions to So, again, I want to thank Chairman racy and good governance, strengthen cyber- encourage— ROYCE for always working with me security, and update the Department of (A) integration of universal and gender-eq- hand in hand on important measures State’s structure to address cyberspace pol- uitable internet access goals, to be informed like this in a bipartisan fashion. I want icy. by the collection of related gender disaggregated data, and internet tools into to thank Congresswoman LOWEY for SEC. 3. FINDINGS. national development plans and United her hard work. She has been cham- Congress finds the following: (1) Since 2005, the number of internet users States Government country-level strategies; pioning this for many, many years. I has more than tripled from 1,000,000,000 to (B) reforms of competition laws and spec- support this bill enthusiastically and 3,200,000,000. trum allocation processes that may impede urge all Members to do the same. (2) 4.2 billion people, 60 percent of the the ability of companies to provide internet Mr. Speaker, I yield back the balance world’s population, remain offline and the services; and of my time. growth rate of internet access is slowing. An (C) efforts to improve procurement proc- Mr. ROYCE. Mr. Speaker, I yield my- estimated 75 percent of the offline popu- esses to help attract and incentivize invest- self such time as I may consume. lation lives in just 20 countries and is largely ment in internet infrastructure; (4) promote the removal of tax and regu- Mr. Speaker, I, again, want to thank rural, female, elderly, illiterate, and low-in- come. latory barriers to internet access; NITA LOWEY and ELIOT ENGEL. (3) Studies suggest that across the devel- (5) promote the use of the internet to in- Today, more than 65 million men, oping world, women are nearly 50 percent crease economic growth and trade, includ- women, and children around the globe less likely to access the internet than men ing— have been displaced by conflict. This is living within the same communities, and (A) policies and strategies to remove re- the highest level of displacement on that this digital gender divide carries with it strictions to e-commerce, cross-border infor- record—even more than during World a great economic cost. According to a study, mation flows, and competitive marketplaces; War II. ‘‘Women and the Web’’, bringing an addi- and (B) entrepreneurship and distance learning It is critical that we continue to tional 600,000,000 women online would con- tribute $13,000,000,000–$18,000,000,000 to annual enabled by access to technology; work with other countries and partners GDP across 144 developing countries. (6) promote the use of the internet to bol- to help address the massive education (4) Without increased internet access, the ster democracy, government accountability, deficit that so many children now face developing world risks falling behind. transparency, and human rights, including— and that our efforts be as efficient and (5) Internet access in developing countries (A) policies, initiatives, and investments, effective as possible. The Education for is hampered by a lack of infrastructure and including the development of national inter- All Act outlines clear priorities for this a poor regulatory environment for invest- net plans, that are consistent with United work, with an emphasis on sustain- ment. States human rights goals, including free- dom of expression, religion, and association; ability and alignment with U.S. diplo- (6) Build-once policies and approaches are policies or practices that minimize the num- (B) policies and initiatives aimed at pro- matic development and national secu- ber and scale of excavation and construction moting the multistakeholder model of inter- rity interests. activities when installing telecommuni- net governance; and I urge Members to support this meas- cations infrastructure in rights-of-way, (C) policies and support programs, re- ure. thereby lowering the installation costs for search, and technologies that safeguard Again, I thank my colleagues for high-speed internet networks and serve as a human rights and fundamental freedoms on- working on a bipartisan basis on the development best practice. line, and enable political organizing and ac- provisions here. SEC. 4. STATEMENT OF POLICY. tivism, free speech, and religious expression Mr. Speaker, I yield back the balance Congress declares that it is the policy of that are in compliance with international the United States to partner, consult, and human rights standards; of my time. (7) promote internet access and inclusion The SPEAKER pro tempore. The coordinate with the governments of foreign countries, international organizations, re- into internet policymaking for women, peo- question is on the motion offered by gional economic communities, businesses, ple with disabilities, minorities, low-income the gentleman from California (Mr. civil society, and other stakeholders in a and marginalized groups, and underserved ROYCE) that the House suspend the concerted effort to— populations; and rules and pass the bill, H.R. 4481, as (1) promote first-time internet access to (8) promote cybersecurity and data protec- amended. mobile or broadband internet for at least 1.5 tion, including international use of the Na- The question was taken; and (two- billion people in developing countries by 2020 tional Institute of Standards and Technology in both urban and rural areas; (NIST) Framework for Improving Critical In- thirds being in the affirmative) the frastructure Cybersecurity that are indus- rules were suspended and the bill, as (2) promote internet deployment and re- lated coordination, capacity building, and try-led, globally recognized cybersecurity amended, was passed. build-once policies and approaches in devel- standards and best practices. A motion to reconsider was laid on oping countries, including actions to encour- SEC. 5. DEPARTMENT OF STATE ORGANIZATION. the table. age— (a) SENSE OF CONGRESS.—It is the sense of f (A) a build-once approach by standardizing Congress that the Secretary of State should the inclusion of broadband conduit pipes redesignate an existing Assistant Secretary DIGITAL GLOBAL ACCESS POLICY which house fiber optic communications position to be the Assistant Secretary for ACT OF 2016 cable that support broadband or wireless fa- Cyberspace to lead the Department of Mr. ROYCE. Mr. Speaker, I move to cilities for broadband service as part of State’s diplomatic cyberspace policy gen- suspend the rules and pass the bill rights-of-way projects, including sewers, erally, including for cybersecurity, internet power transmission facilities, rail, pipelines, access, internet freedom, and to promote an (H.R. 5537) to promote internet access bridges, tunnels, and roads, that are funded, open, secure, and reliable information and in developing countries and update for- co-funded, or partially financed by the communications technology infrastructure. eign policy toward the internet, and for United States or any international organiza- (b) ACTIVITIES.—In recognition of the added other purposes, as amended. tion that includes the United States as a value of technical knowledge and expertise The Clerk read the title of the bill. member, in consultation with telecommuni- in the policymaking and diplomatic chan- The text of the bill is as follows: cations providers, unless a cost-benefit anal- nels, the Secretary of State should— ysis determines that the cost of such ap- (1) update existing training programs rel- H.R. 5537 proach outweighs the benefits; evant to policy discussions; and Be it enacted by the Senate and House of Rep- (B) national and local government agencies (2) promote the recruitment of candidates resentatives of the United States of America in of developing countries and donor govern- with technical expertise into the Civil Serv- Congress assembled, ments and organizations to coordinate road ice and the Foreign Service. SECTION 1. SHORT TITLE. building, pipe laying, and major infrastruc- (c) OFFSET.—To offset any costs incurred This Act may be cited as the ‘‘Digital ture with the private sector so that, for ex- by the Department of State to carry out the Global Access Policy Act of 2016’’ or the ample, fiber optic cable could be laid below designation of an Assistant Secretary for ‘‘Digital GAP Act’’. roads at the time such roads are built; and Cyberspace in accordance with subsection

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.091 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5147 (a), the Secretary of State shall eliminate broadband service—as part of highway or internet deployment, competition, and adop- such positions within the Department of highway-comparable construction projects tion. State, unless otherwise authorized or re- in developing countries, in consultation with (6) Improve the affordability of internet quired by law, as the Secretary determines telecommunications providers, unless such access. to be necessary to fully offset such costs. inclusion would create an undue burden, is (7) Promote technology and cybersecurity (d) RULE OF CONSTRUCTION.—The redesigna- not necessary based on the availability of ex- capacity building efforts and consult tech- tion of the Assistant Secretary position de- isting broadband infrastructure, or a cost- nical experts for advice regarding options to scribed in subsection (a) may not be con- benefit analysis determines that the cost accelerate the advancement of internet de- strued as increasing the number of Assistant outweighs the benefits; ployment, adoption, and usage. Secretary positions at the Department of (5) provide technical assistance to the reg- (8) Promote internet freedom globally and State above the current level of 24 as author- ulatory authorities in developing countries include civil society and the private sector ized in section 1(c)(1) of the State Depart- to remove unnecessary barriers to invest- in the formulation of policies, projects, and ment Basic Authorities Act of 1956 (22 U.S.C. ment in otherwise commercially viable advocacy efforts to protect human rights on- 2651a(c)(1)). projects and strengthen weak regulations or line. SEC. 6. USAID. develop new ones to support market growth (9) Promote and strengthen the multi- It is the sense of Congress that the Admin- and development; stakeholder model of internet governance istrator of the United States Agency for (6) utilize clear, accountable, and metric- and actively participate in multistakeholder International Development should— based targets, including targets with gender- international fora, such as the Internet Gov- (1) integrate efforts to expand internet ac- disaggregated metrics, to measure the effec- ernance Forum. cess, develop appropriate technologies, and tiveness of efforts to promote internet ac- SEC. 11. CYBERSPACE STRATEGY. enhance digital literacy into the education, cess; and The President should include in the next development, and economic growth programs (7) promote and protect human rights on- White House Cyberspace Strategy informa- of the agency, where appropriate; line, such as the freedoms of speech, assem- tion relating to the following: (2) expand the utilization of information bly, association, religion, and belief, through (1) Methods to promote internet access in and communications technologies in human- resolutions, public statements, projects, and developing countries. itarian aid and disaster relief responses and initiatives, and advocating that other mem- (2) Methods to globally promote cybersecu- United States operations involving stabiliza- ber states of such bodies are held account- rity policy consistent with the National In- tion and security to improve donor coordina- able when major violations are uncovered. stitute of Standards and Technology (NIST) tion, reduce duplication and waste, capture SEC. 9. PARTNERSHIP FRAMEWORK. Framework for Improving Critical Infra- and share lessons learned, and augment dis- Not later than 180 days after the date of structure Cybersecurity. aster preparedness and risk mitigation strat- the enactment of this Act, the President (3) Methods to promote global internet egies; and shall transmit to the Committee on Foreign freedom principles, such as the freedoms of (3) establish and promote guidelines for the Affairs of the House of Representatives and expression, assembly, association, and reli- protection of personal information of indi- the Committee on Foreign Relations of the gion, while combating efforts to impose re- viduals served by humanitarian, disaster, Senate plans to promote partnerships by strictions on such freedoms. and development programs directly through United States development agencies, includ- SEC. 12. DEFINITION. the United States Government, through con- ing the United States Agency for Inter- In this Act— tracts funded by the United States Govern- national Development and the Millennium (1) BUILD ONCE POLICIES AND APPROACHES.— ment and by international organizations. Challenge Corporation, as well as inter- The term ‘‘build once policies and ap- SEC. 7. PEACE CORPS. national agencies funded by the United proaches’’ means policies or practices that Section 3 of the Peace Corps Act (22 U.S.C. States Government for partnership with minimize the number and scale of excavation 2502) is amended by— stakeholders, that contain the following ele- and construction activities when installing (1) redesignating subsection (h) as sub- ments: telecommunications infrastructure in rights- section (e); and (1) Methods for stakeholders to partner of-way. with such agencies in order to provide inter- (2) by adding at the end the following new (2) CYBERSPACE.—The term ‘‘cyberspace’’ subsections: net access or internet infrastructure in de- means the interdependent network of infor- ‘‘(f) It is the sense of Congress that access veloping countries. mation technology infrastructures, and in- to technology can transform agriculture, (2) Methods of outreach to stakeholders to cludes the internet, telecommunications net- community economic development, edu- explore partnership opportunities for ex- works, computer systems, and embedded cation, environment, health, and youth de- panding internet access or internet infra- processors and controllers in critical indus- velopment which are the sectors in which structure, including coordination with the tries, and includes the virtual environment Peace Corps currently develops positions for private sector, when financing roads and of information and interactions between peo- Volunteers. telecommunications infrastructure. ple. ‘‘(g) In giving attention to the programs, (3) Methods for early consultation with (3) STAKEHOLDERS.—The term ‘‘stake- projects, training, and other activities re- stakeholders concerning projects in tele- holders’’ means the private sector, the public ferred to in subsection (f), the Peace Corps communications and road construction to sector, cooperatives, civil society, the tech- should develop positions for Volunteers that provide internet access or internet infra- nical community that develops internet are focused on leveraging technology for de- structure. technologies, standards, implementation, op- velopment, education, and social and eco- SEC. 10. REPORTING REQUIREMENT ON IMPLE- erations, and applications, and other groups nomic mobility.’’. MENTATION EFFORTS. that are working to increase internet access SEC. 8. LEVERAGING INTERNATIONAL SUPPORT. Not later than 180 days after the date of or are impacted by the lack of internet ac- In pursuing the policy described in section the enactment of this Act, the President cess in their communities. 4, the President should direct United States shall transmit to the Committee on Foreign representatives to appropriate international Affairs of the House of Representatives and The SPEAKER pro tempore. Pursu- bodies to use the influence of the United the Committee on Foreign Relations of the ant to the rule, the gentleman from States, consistent with the broad develop- Senate a report on efforts to implement the California (Mr. ROYCE) and the gen- ment goals of the United States, to advocate policy specified in section 4 and a discussion tleman from New York (Mr. ENGEL) that each such body— of the plans and existing efforts by the each will control 20 minutes. (1) commit to increase efforts to promote United States Government in developing The Chair recognizes the gentleman gender-equitable internet access, in partner- countries to accomplish the following: from California. ship with stakeholders and consistent with (1) Develop a technical and regulatory road host countries’ absorptive capacity; map for promoting internet access in devel- (2) enhance coordination with stakeholders oping countries and a path to implementing b 1730 in increasing affordable and gender-equitable such road map. GENERAL LEAVE access to the internet; (2) Identify the regulatory barriers that (3) integrate gender-equitable affordable may unduly impede internet access, includ- Mr. ROYCE. Mr. Speaker, I ask unan- internet access into existing economic and ing regulation of wireline broadband deploy- imous consent that all Members may business assessments, evaluations, and in- ment or the infrastructure to augment wire- have 5 legislative days to revise and ex- dexes such as the Millennium Challenge Cor- less broadband deployment. tend their remarks and to include ex- poration constraints analysis, the Doing (3) Strengthen and support development of traneous material in the RECORD. Business Report, International Monetary regulations that incentivize market growth The SPEAKER pro tempore. Is there Fund Article IV assessments and country re- and sector development. objection to the request of the gen- ports, the Open Data Barometer, and the Af- (4) Encourage further public and private fordability Drivers Index; investment in internet infrastructure, in- tleman from California? (4) standardize inclusion of broadband con- cluding broadband networks and services. There was no objection. duit—fiber optic cables that support (5) Increase gender-equitable internet ac- Mr. ROYCE. Mr. Speaker, I yield my- broadband or wireless facilities for cess and otherwise encourage or support self such time as I may consume.

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A07SE7.045 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5148 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Mr. Speaker, as the author of this lic health officials safely track the and the growth rate of Internet access measure, I want to particularly recog- spread of Ebola. It could have reduced is slowing down. Three-quarters of nize the invaluable contributions of the the disease’s spread. It could have those who are offline live in just 20 professional staff. I mentioned Jessica saved lives. countries. Think of what a difference it Kelch, but there is another staff mem- As NetHope explained, there is now a would make if these populations had ber here who has played an outsized new project under consideration to do access to a resource so many of us take role to help shape the work of this that same connectivity work that for granted. This bill aims to close that committee, and not just on the Digital would have cost—would have been neg- gap. GAP Act, which is before us, but ligible if it had been laid at the time Chairman ROYCE’s legislation calls Nilmini Rubin has played a critical that the road was put in. However, on the administration to ramp up ef- role in energy, in trade, in development since it is being considered after the forts around the world to expand access legislation that we have passed out of fact, it will now cost tens of millions of to the Internet. It encourages the the committee, and so I wanted to rec- dollars if it is done, and it will take State Department, USAID, and the ognize her for that contribution. years and years to complete. Peace Corps to focus on Internet access I also want to focus the attention of The build-once approach is smart ec- as a diplomatic and developmental pri- the Members on the fact that more onomics. It is smart development. We ority; and it states clearly, expanding than 60 percent of the world’s popu- simply get more bang for our buck Internet access, especially in the devel- lation still lacks access to the Inter- when we coordinate these types of in- oping world, is an American foreign net. That is 3 billion people left out of frastructure investments with the pri- policy priority. one of the largest technological trans- vate sector. So I think the case is com- I applaud Chairman ROYCE for doing formations of our time, leaving them pelling for this. this, and I am glad to support this lagging on economic growth, lagging Mr. Speaker, I reserve the balance of measure. on health, lagging in terms of potential my time. I want to also thank two staff per- for education. Mr. ENGEL. Mr. Speaker, I rise in sons for their hard work: Nilmini The dearth of global Internet access support of this bill, and I yield myself negatively impacts us here at home, Rubin on the majority’s staff, and Jan- such time as I may consume. ice Kaguyutan on our side. They both too. Sixty percent of the world’s popu- I, first of all, want to thank our lation can’t buy American goods on- worked very, very hard, and I think chairman, ED ROYCE, from California. they deserve special mention. line, if you think about it. They are He has worked very, very hard on this shut out of e-commerce. They are lim- So I urge all my colleagues to sup- bill for a long, long time, so I am very port this very important bill. I, again, ited in their ability to connect with pleased to support this bill that he has commend Chairman ROYCE for working others through social media. introduced to help expand access to the So the Digital Global Access Policy so hard on it. Internet around the world. I know how I reserve the balance of my time. Act calls on the administration to inte- strongly he feels about it. We all share Mr. ROYCE. Mr. Speaker, I am pre- grate into U.S. development efforts a his goal, but he was the impetus, obvi- pared to close. ‘‘build-once’’ policy when expanding ously, for this bill, and this is really a I reserve the balance of my time. Internet access, and this is common good bill. sense. Mr. Speaker, a generation ago, few Mr. ENGEL. Mr. Speaker, I yield my- If a U.S. development project sup- could have envisioned the way the self such time as I may consume. ports the construction of a rural road, Internet would open up new gateways As I said before, the way the Internet let’s invite the private sector to lay for information, connect people around has changed the world would have been down cable before our government the world, and change the global econ- hard to believe just a few decades ago. helps pay to pour the concrete. We are omy. It would also have been hard to believe maximizing U.S. taxpayer dollar assist- Today, a classroom with broadband that we would be thinking of the Inter- ance; we are providing more support to access gives students a window to the net as a foreign policy priority, but we the disadvantaged community; we are rest of the world, allowing them to can and we should. making it easier for business to invest build relationships face-to-face with Today, we know that the Internet if we change our policies to do this. has driven so much of the inter- This bill complements existing ef- people thousands and thousands of miles away. A relief worker with a connectedness that we now see across forts to promote partnerships with the the global landscape, so it is important private sector to expand Internet ac- smartphone can relay information in an instant about where help and re- that our foreign policy keep up with cess through the Global Connect Initia- these changes. We want to see this tool tive. sources are needed to deal with a crisis. A farmer with a laptop can make sure used in a positive way by as many peo- One of the many letters of support we ple as possible, while guarding against received was from NetHope, which out- his or her produce is fetching a fair abuses or exploitation by those who lined why the build-once approach in price on the global market. A jour- mean to harm us. the Digital GAP Act is so important. nalist in a closed society who can get This bill helps us move in the right As NetHope’s letter explained, years online can shine a light on abuses and direction. Again, I am grateful to the ago, a $100 million road construction corruption. chairman for bringing it forward. I am project in Liberia failed to include the And while we know this tool can be glad to support it. I urge my colleagues laying of fiber-optic lines as a part of used for harm, such as the way ISIS the project. At the time, the cost of uses social media to recruit fighters to do the same. laying this cable would have been neg- and spread propaganda, we also know I yield back the balance of my time. ligible. It would have been maybe 1 that, in the right hands, the Internet Mr. ROYCE. Mr. Speaker, I yield my- percent of the total investment. It expands opportunity, drives growth, self such time as I may consume. would have been—I don’t know—prob- and makes people’s lives fuller and I would like to thank the cosponsors ably not even a million. more productive. The ripple effects of the Digital GAP Act who helped me However, you know, if you look back, help strengthen communities and coun- with this legislation, and the first this is one example of many that we tries. among them is Ranking Member ELIOT pulled out of the file where the donors But like so many resources around ENGEL, and then also CATHY MCMORRIS chose not to include the Internet infra- the world, access to the Internet often RODGERS, Representative GRACE MENG, structure in the project; and so, as a depends on where you live and what and Chairman MCCAUL for their col- result, when you go to Liberia, as I you have and if you can afford it. Liv- laboration on this bill. have, there is poor Internet access, a ing in a poor community or a rural The Digital GAP Act would increase fact that hampered Ebola response ef- area, or even being a woman in some Internet access with a relatively minor forts as community health centers places, may make it harder to take ad- communications change. It would re- struggled to coordinate their efforts. vantage of the Internet. quire that the United States-supported If that Internet access were in place, Roughly 60 percent of the world’s infrastructure projects are made trans- it would have helped the U.S. and pub- population is not able to use this tool, parent so that the private sector can

VerDate Sep 11 2014 06:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.094 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5149 coordinate their investments in Inter- nation of information regarding the African SEC. 5. CONCURRENT COMPACTS UNDER THE net infrastructure. This is a common- Growth and Opportunity Act (in this section MILLENNIUM CHALLENGE ACT OF referred to as the ‘‘AGOA website’’). 2003. sense approach that we should imple- (a) IN GENERAL.—Section 609 of the Millen- ment now. (2) CONTENTS.—The President shall publish on the AGOA website the information de- nium Challenge Act of 2003 (22 U.S.C. 7708) is The Digital GAP Act also expresses scribed in paragraph (1), including— amended— the sense of Congress that the State (A) information and technical assistance (1) by striking the first sentence of sub- Department should elevate and reform provided at United States Agency for Inter- section (k); its efforts to address cyberspace policy national Development regional trade hubs; (2) by redesignating subsection (k) (as so internationally. As technological pol- and amended) as subsection (l); and (3) by inserting after subsection (j) the fol- icy issues multiply and as they become (B) a link to websites of United States em- bassies located in eligible sub-Saharan Afri- lowing: more complex, it is important to iden- ‘‘(k) CONCURRENT COMPACTS.—An eligible can countries. tify clear lines of responsibility at the country that has entered into and has in ef- (3) ACTIONS BY UNITED STATES EMBASSIES.— State Department so that problems do fect a Compact under this section may enter The Secretary of State should direct United into and have in effect at the same time not not fall between the cracks of the States embassies located in eligible sub-Sa- many different offices that touch on more than one additional Compact in accord- haran African countries to— ance with the requirements of this title if— these issues now. Cybersecurity, Inter- (A) promote the use by such countries of ‘‘(1) one or both of the Compacts are or will net freedom, and Internet access are the benefits available under the African be for purposes of regional economic integra- now core parts of our national security Growth and Opportunity Act; and tion, increased regional trade, or cross-bor- agenda and need to be treated as such (B) include on a publicly available Internet der collaborations; and by the State Department. website of such diplomatic missions a link to ‘‘(2) the Board determines that the country Lastly, I will simply close by again the AGOA website. is making considerable and demonstrable recognizing the work of Nilmini Rubin (b) AGOA FORUM.—The President should, progress in implementing the terms of the after each meeting of the United States-Sub- on this legislation. She has been with existing Compact and supplementary agree- Saharan Africa Trade and Economic Co- ments thereto.’’. the committee for over 3 years. She has operation Forum, publish on the AGOA (b) CONFORMING AMENDMENT.—Section done outstanding work on technology website established under subsection (a) the 613(b)(2)(A) of such Act (22 U.S.C. and trade and other issues promoting following: 7712(b)(2)(A)) is amended by striking ‘‘the’’ development worldwide. Nilmini will (1) All outcomes of the meeting of the before ‘‘Compact’’ and inserting ‘‘any’’. be leaving us and will be greatly Forum, including any commitments made by (c) APPLICABILITY.—The amendments made missed, but she will be continuing to member countries and the private sector. by this section apply with respect to Com- pacts entered into between the United States do impressive and important things, (2) An assessment of progress made with respect to any commitments made by mem- and an eligible country under the Millen- improving lives overseas and improv- ber countries and the private sector from the nium Challenge Act of 2003 before, on, or ing the welfare of Americans. previous meeting of the Forum. after the date of the enactment of this Act. Thank you, Nilmini. (c) OTHER INFORMATION.—The President The SPEAKER pro tempore. Pursu- Mr. Speaker, I yield back the balance should disseminate information required by ant to the rule, the gentleman from of my time. this section in a digital format to the public California (Mr. ROYCE) and the gentle- The SPEAKER pro tempore (Mr. and publish such information on the AGOA woman from California (Ms. BASS) each HILL). The question is on the motion website established under subsection (a). will control 20 minutes. offered by the gentleman from Cali- (d) DEFINITION.—In this section, the term The Chair recognizes the gentleman fornia (Mr. ROYCE) that the House sus- ‘‘eligible sub-Saharan African country’’ from California. pend the rules and pass the bill, H.R. means a country that the President has de- GENERAL LEAVE 5537, as amended. termined meets the eligibility requirements Mr. ROYCE. Mr. Speaker, I ask unan- The question was taken; and (two- set forth in section 104 of the African Growth and Opportunity Act. imous consent that all Members may thirds being in the affirmative) the have 5 legislative days to revise and ex- rules were suspended and the bill, as SEC. 4. ACTIVITIES IN SUPPORT OF TRADE CA- tend their remarks and to include ex- PACITY BUILDING. amended, was passed. traneous material on this measure. A motion to reconsider was laid on (a) IN GENERAL.—The President should The SPEAKER pro tempore. Is there the table. take the following actions: objection to the request of the gen- (1) Develop and implement policies to— f (A) encourage and facilitate trans-bound- tleman from California? There was no objection. AGOA ENHANCEMENT ACT OF 2015 ary cooperation among eligible sub-Saharan African countries in order to facilitate trade; Mr. ROYCE. Mr. Speaker, I yield my- Mr. ROYCE. Mr. Speaker, I move to and self such time as I may consume. suspend the rules and pass the bill (B) encourage the provision of technical as- I would just begin by thanking Con- (H.R. 2845) to promote access to bene- sistance to eligible sub-Saharan African gresswoman BASS for her important fits under the African Growth and Op- countries to establish and sustain adequate work on this initiative. I am proud to portunity Act, and for other purposes, trade capacity development. have been part of the African Growth as amended. (2) Provide specific training for business in and Opportunity Act coalition. I have The Clerk read the title of the bill. eligible sub-Saharan African countries and been part of that coalition since 2000, The text of the bill is as follows: government trade officials of eligible sub-Sa- when we wrote the original bill. haran African countries on utilizing access H.R. 2845 I would also just recognize Tom to the benefits of the African Growth and Sheehy for his contribution on this, Be it enacted by the Senate and House of Rep- Opportunity Act and other trade preference resentatives of the United States of America in programs. our professional staff member. Congress assembled, (3) Provide capacity building for African But AGOA allows African countries SECTION 1. SHORT TITLE. entrepreneurs and trade associations on pro- that respect the rule of law and respect This Act may be cited as the ‘‘AGOA En- duction strategies, quality standards, forma- free market principles to export many hancement Act of 2015’’. tion of cooperatives, and market research goods to the United States on a duty- SEC. 2. STATEMENT OF POLICY. and market development. free basis. The program has boosted Af- It is the policy of the United States to sup- (4) Provide capacity building training to rica’s economic growth, and especially port efforts to— promote diversification of African products benefiting women. (1) improve the rule of law, promote free and value-added processing. I can tell you from my trips there and fair elections, strengthen and expand the (5) Provide capacity building and technical and seeing the results, it has strength- private sector, and fight corruption in sub- assistance funding for African businesses and ened the trade relationship between Saharan Africa; and institutions to help such businesses and in- stitutions comply with United States the United States and Africa, which is (2) promote the role of women in social, po- several multiples today of what it was litical, and economic development in sub-Sa- counter-terrorism initiatives and policies. when the bill was originally passed. haran Africa. (b) DEFINITION.—In this section, the term When Congress reauthorized AGOA SEC. 3. ACTIVITIES IN SUPPORT OF TRANS- ‘‘eligible sub-Saharan African country’’ PARENCY. means a country that the President has de- earlier this year, I successfully pressed, (a) AGOA WEBSITE.— termined meets the eligibility requirements along with my colleague Congress- (1) IN GENERAL.—The President shall estab- set forth in section 104 of the African Growth woman KAREN BASS, for a 10-year ex- lish a website for the collection and dissemi- and Opportunity Act. tension; and this extension will provide

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.095 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5150 CONGRESSIONAL RECORD — HOUSE September 7, 2016 U.S. and African businesses the cer- COMMITTEE ON WAYS AND MEANS, most dynamic global marketplaces. tainty needed to build supply chains U.S. HOUSE OF REPRESENTATIVES, Why? Because each of these regional and deepen their strong trade relation- Washington, DC, September 6, 2016. economic communities encompasses a ships. Hon. EDWARD R. ROYCE, number of countries that are evolving Chairman, Committee on Foreign Affairs, Washington, DC. into regional economic powerhouses b 1745 DEAR CHAIRMAN ROYCE, I am writing with with huge markets of millions of respect to H.R. 2845, the ‘‘AGOA Enhance- upwardly mobile populations inter- I also championed, as well as KAREN ment Act of 2015.’’ As a result of your having ested in quality goods and services. BASS, the inclusion of country strate- consulted with us on this legislation, I agree This is why Sub-Saharan Africa is gies in AGOA’s reauthorization so that not to request a sequential referral on this currently one of the most dynamic African countries could identify and bill so that it may proceed expeditiously to global marketplaces. Countries such as make policy reforms to help them the House floor. The Committee on Ways and Means takes China, India, Turkey, and the Euro- boost trade and take advantage of this action with the mutual understanding pean Union recognize that doing busi- AGOA’s provisions. that by forgoing formal consideration of ness with Africa is increasingly critical This bill, the AGOA Enhancement H.R. 2845, we do not waive any jurisdiction and good for their bottom lines. Act, includes important measures that over the subject matter contained in this or Ironically, most African countries seek, thus, to improve trade capacity similar legislation, and the Committee will look to the U.S. to play a leading role building, to increase the ability of Af- be appropriately consulted and involved as in trade and investment with Sub-Sa- the bill or similar legislation moves forward rican companies to export to the haran Africa, yet we hear repeatedly so that we may address any remaining issues from officials, business people, and aca- United States and improve trade facili- that fall within our Rule X jurisdiction. The tation, to help remove the bureaucratic Committee also reserves the right to seek demics from the region, that while sev- barriers and the needless red tape that appointment of an appropriate number of eral African countries do considerable thwarts trade. conferees to any House-Senate conference in- business with other countries, they do volving this or similar legislation, and re- so because these countries are seeking So this bill would, first, grant more quests your support for such request. to do business with Africa. These same flexibility to the Millennium Challenge Finally, I would appreciate your response observers note candidly that U.S. prod- Corporation—a U.S. development agen- to this letter confirming this understanding, ucts, maintenance arrangements, and cy—to support regional efforts to bol- and would ask that a copy of our exchange of capacity building opportunities are by ster trade; leveraging the Internet so letters on this matter be included in the far more superior. that companies on both sides of the At- Congressional Record during floor consider- ation thereof. It is with these experiences in mind lantic can learn about how to utilize that AGOA stakeholders in the House AGOA; and foster U.S.-African private Sincerely, KEVIN BRADY, under the leadership of Chairman sector engagement. It will put the Chairman. ROYCE and others supported the reau- trade hubs online, giving African busi- Ms. BASS. Mr. Speaker, I yield my- thorization of AGOA last year. This is nesses that are not near the existing self such time as I may consume. also why the passage of the AGOA En- trade hubs the information that they I rise in support of H.R. 2845, the hancement Act—which strongly com- need to send their exports to the AGOA Enhancement Act of 2015. This plements reauthorized AGOA—is equal- United States. And, lastly, this bill critical bill complements, supports, ly as important. will increase transparency of the and empowers the reauthorized African While the reauthorization is for 10 pledges and results made by the U.S. Growth and Opportunity Act that was years, this was a giant step in the right and African leaders at the AGOA passed into law last June. direction. AGOA cannot live up to its Forum, an annual meeting of govern- I want to thank Ranking Member full potential or be implemented as ef- ment and business leaders looking to ENGEL, Chairman ROYCE, and Speaker fectively as it must be without com- increase U.S.-Africa trade. RYAN for their leadership on this. plementary legislation. AGOA will ben- So with these measures, we can help I also believe in the last piece of leg- efit from this complementary legisla- African countries and businesses fully islation I heard the chairman say that tion as it has benefited from a host of utilize the benefits offered through Nilmini Rubin is leaving us. I am very initiatives such as the administration’s AGOA. disappointed to hear that, but I do signature Power Africa initiative and Mr. Speaker, I reserve the balance of want to really compliment her for all Feed the Future initiative, just to my time. of her efforts not just on AGOA, but name a few. U.S. HOUSE OF REPRESENTATIVES, also on the piece of legislation that we Arguably, AGOA cannot be fully ef- COMMITTEE ON FOREIGN AFFAIRS, just passed. She will be sorely missed. fective without an increase in access to Washington, DC, September 2, 2016. I also want to compliment Margot electricity in Sub-Saharan Africa. Hon. KEVIN BRADY, Sullivan, who worked many, many, Chairman ROYCE led the effort to pass Chairman, Committee on Ways and Means, many hours on AGOA that we reau- Electrify Africa and proactively called Washington, DC. thorized as well as the AGOA Enhance- for a multi-year strategy to assist DEAR MR. CHAIRMAN: Thank you for con- ment Act. countries in Sub-Saharan Africa ad- sulting with the Committee on Foreign Af- By way of background, AGOA is the dress the power deficit. Africa’s ex- fairs on H.R. 2845, the AGOA Enhancement foundation of the U.S.-Africa economic panding cities and rural areas need ac- Act, and for deciding to forgo a sequential platform. AGOA, a trade preference cess to considerable and reliable referral request on that bill. program, can help to grow and stabilize sources of electricity. I agree that your forgoing further action jobs in eligible participating countries Feed the Future is also central to on this measure does not in any way dimin- throughout Sub-Saharan Africa and in building opportunity and development ish or alter the jurisdiction of your Com- mittee, or prejudice its jurisdictional prerog- the U.S. AGOA has definitely helped to throughout the region. This innovative atives on this bill or similar legislation in increase African exports to the U.S., program helps to support critical food the future. I would support your effort to and it has also helped to raise Africa’s security in several nations by sup- seek appointment of an appropriate number economic profile in this country. porting family enterprises and by sup- of conferees to any House-Senate conference Further, AGOA has helped maintain porting smallholder farmers. Local involving this legislation. and increase employment, generating farmers are able to lower risks to their I will seek to place our letters on H.R. 2845 approximately 350,000 direct jobs and 1 farms, increasing yield and produc- into the Congressional Record during floor million indirect jobs in Sub-Saharan tivity and address threats posed by consideration of the bill. I appreciate your Africa and approximately 100,000 jobs droughts, floods, and other natural dis- cooperation regarding this legislation and in the U.S. asters. look forward to continuing to work with With the tremendous potential of a The AGOA Enhancement Act helps to your Committee as this measure moves through the legislative process. growing middle class in several African implement a more effective AGOA as it Sincerely, countries, plus the growth of regional calls for the administration to estab- EDWARD R. ROYCE, economic communities on the con- lish an AGOA Web site to inform eligi- Chairman. tinent, Africa has become one of the ble AGOA-participating countries

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.097 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5151 about critical information and tech- were issues that needed to be addressed shattering the myth that Republicans nical assistance. H.R. 2845 also encour- to enable AGOA to be more effective as and Democrats really can’t work with ages the administration to support re- intended, Congress has fine-tuned this each other. gional trade development in Sub-Saha- important legislation since then and Chairman ROYCE has indicated a con- ran Africa by facilitating trans-bound- made adjustments several times to fa- cern for the world and the country, ary trade and providing crucial capac- cilitate African exports to the United which shatters the myth that parties ity building skills for entrepreneurs. States. can’t work together for the good of the One of the most important aspects of H.R. 2845 is the latest noble effort to United States of America. Certainly H.R. 2845 was originally a separate make AGOA work for more African my colleague from New York, ELIOT piece of legislation that I authored and producers primarily by enhancing the ENGEL, and the chairman have proven is now included that enables eligible technical assistance and information that in working together. countries with Millennium Challenge provided to African producers, includ- Yes, when Ms. BASS first came to the Corporation compacts in good standing ing the establishment of a Web site to Congress, she didn’t come as an ordi- to enter simultaneously into one addi- provide this information. People need nary freshman. She had earned her tional compact if the country is mak- to know what is available and how stripes in the legislature of California, ing considerable progress toward im- they can access this important treaty indeed was the speaker. I was a little plementing the terms of the existing and its subsidies. shocked when she was trying to get compacts. The other piece of this is The bill further allows for countries support for her legislative committees that compacts can be used for regional with the Millennium Challenge ac- that her interests would be foster care economic integration. count grants to foster regional eco- and Africa. That is unusual, but it is an An example of MCC projects, I was nomic integration. It also targets indication of a person who comes here recently in Liberia, and Liberia has an inter-Africa trade, which is still less to this body with the type of commit- energy project that totals $201 million than 10 percent of all Africa inter- ment that makes you proud to be a that will provide a new hydropower national trade. Member of Congress and more proud turbine to an existing facility, provide My colleagues have explained other even to be an American. There could be training to Liberia Economic Corpora- aspects of the bill in great detail, so I some connection between foster care tion employees, and help establish an won’t be redundant. But extending and Africa because if there was any independent regulator. AGOA as we did in the last Congress continent that has been treated as a In summary, by the establishment of was a laudable achievement but will foster child, it has been the developing an AGOA Web site, the prioritization of not have the full intended effect if Af- countries in Africa. capacity training, and by encouraging rican producers have limited informa- Of course, I see an old-timer sitting greater regional economic integration, tion or abilities to effectively take ad- there with his white hair, JIM H.R. 2845 helps to promote and develop vantage of international trade oppor- MCDERMOTT. I can wonder whether or a stronger economic relationship be- tunity. This is a job creator both in Af- not as a Peace Corps volunteer in Afri- tween Sub-Saharan Africa and the rica and in the United States. ca, whether among his fondest dreams, United States, creating increased jobs Mr. Speaker, I thank the chairman that he would be a Member of the and a win-win for both. for his authorship. House and creating a climate where Once again, I thank Chairman ROYCE Mr. ROYCE. Mr. Speaker, I also people have dignity and pride and be for his distinguished leadership on this wanted to recognize the gentleman able to be a part of the world rather crucial issue. from Washington (Mr. MCDERMOTT). than just being a resource for stronger Mr. Speaker, I reserve the balance of Mr. JIM MCDERMOTT was also one of countries. my time. the original authors of the AGOA legis- 1800 Mr. ROYCE. Mr. Speaker, I see the lation. He worked for many, many b gentleman from New York (Mr. RAN- years to see it come to fruition. I can think of nobody that has GEL) on the floor, also one of the origi- Mr. Speaker, I reserve the balance of brought more to the committee than nal authors of the African Growth and my time. Mr. WILLIAMS and Rosa Whitfield in Opportunity Act, along with Chairman Ms. BASS. Mr. Speaker, I have to say working with Mr. Gingrich, in working CHRIS SMITH and Ranking Member that Mr. RANGEL is one of the lions in with Mr. Crane, in working with Re- KAREN BASS, one of the most engaged this House. I have had the honor of publicans, and how the leadership not on initiatives to put Africa on the map serving with him for the last 6 years. only was able to get their sides but to for U.S. trade and investment. He knows I am upset with him because see how the African Diplomatic Corps Mr. Speaker, I yield 3 minutes to the he is choosing to retire. When I came actually became the strongest lobbying gentleman from New Jersey (Mr. here and really wanted to work on Af- force that we have had in the Congress SMITH), chairman of the Africa, Global rican issues, I sought out those two as they found themselves pioneers in Health, Global Human Right, and gentlemen, both Mr. RANGEL and Mr. dealing with our great country that International Organizations Sub- MCDERMOTT. I knew of their legacy. I they loved so much and really had no committee, and I thank him for his as- knew of the work that they had done. understanding of why they didn’t seem sistance with this legislation. I went to Mr. RANGEL, and I told him I to be on our agenda. Mr. SMITH of New Jersey. Mr. wanted to get involved in the reauthor- With AGOA, we knew it was just the Speaker, I thank Chairman ROYCE for ization of AGOA and would he help me. beginning, we knew it was an oppor- his leadership on AGOA in general. I We sat on the floor over there. He tunity. We take pride in the success thank KAREN BASS, who has worked called over a bunch of Members and that it has had, but we also know how doggedly for years, last year for the re- told them what I wanted to do, and the far they had to come from behind. authorization. I see Mr. MCDERMOTT, gentleman ordered them all to help me. This enhancement piece of legisla- who has also been so active over the We worked on it and were able to get it tion has a lot of fancy words, but it years on this and critical to its passage done. sends out words to our embassies that at the beginning. Mr. Speaker, I yield 5 minutes to the this is American foreign policy. You Mr. Speaker, I rise in strong support gentleman from New York (Mr. RAN- don’t just read the words. Make it of H.R. 2845, the AGOA Enhancement GEL). work. Whether it is with the Millen- Act. When the African Growth and Op- (Mr. RANGEL asked and was given nium Challenge Corporation, whether portunity Act was enacted into law in permission to revise and extend his re- it is with AID, whether it is giving in- May of 2000, it was intended to help eli- marks.) formation, whether it is helping them gible Sub-Saharan African countries Mr. RANGEL. Mr. Speaker, as I out, whether it is teaching them to increase economic growth by providing spend my final hours in this august learn, it is bringing them into the duty-free, quota-free access to U.S. body, I think of all of the fond memo- international trade. markets for more than 6,400 items from ries that I have enjoyed. I guess during And what does it do? Is this a bill meats to textiles and apparel, to petro- these political times, one of the things that just helped people in Africa escape leum, to leather goods. Because there that I am enjoying the most today is poverty and disease? No. It helps the

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.099 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5152 CONGRESSIONAL RECORD — HOUSE September 7, 2016 United States, and it helps the world. As I look at this bill today, I read some thought that it would ever happen. So It helps people to be able to trade with of the language that the President is we called them all up and said: Do you each other, to talk with each other, to directed to provide training for busi- want to trade or do you want aid? understand each other, and have com- ness and government trade officials, They said: We want trade. passion for each other. What a wonder- provide capacity building for entre- We said: Okay. Come in here, in the ful opportunity it is for the United preneurs and trade associations, and office, and sign a paper. States of America to look at a country promote diversification of African We got them to sign a paper where that is struggling to enjoy the things products. they all asked the President of the that we believe in, to find out that now Now, I don’t know how many bills I United States to give them a trade act. they don’t have to lobby for it. Repub- have seen that in. What is missing That is the only time it has ever oc- licans and Democrats want what is here, unfortunately, in my view—I am curred around here that I know of. best for the United States of America, going to support the bill, and the ideas So it has been there, and it has and the developing countries in Africa of it are great, but what has been miss- gradually developed, but more slowly need us so badly. ing ever since 1995 or 2000 has been a than it could have. I hope that we will There are a lot of reasons why I re- commitment of the resources to actu- pass it and the message will get to the gret that I have to leave the Congress ally help the Africans figure out how to appropriators that a little bit of money and retire to go back home, but know- use our system. could make this go a long way. ing that I leave behind such people who I can give you one example. There Mr. ROYCE. Mr. Speaker, I continue are so dedicated, that are willing to go are shrimp all over the coastline. Now, to reserve the balance of my time. to the other party and give up a lot of why don’t shrimp from Africa come Ms. BASS. Mr. Speaker, as Mr. their capital to make certain that the into the United States? Because they MCDERMOTT leaves, I will take his com- small countries in Africa appreciate can’t pass the phytosanitary rules of ments as my marching orders for what the fact that we consider them an im- our government. We won’t let food I am supposed to do in the next session, portant part not only of our trade pol- come into this country that we think so I thank him very much. icy, our foreign policy, but, indeed, the will be problematic for our people. So I would urge my colleagues to sup- policy of the United States of America. if we are going to actually help the Af- port H.R. 2845. Mr. Speaker, I thank Ms. BASS for ricans—we tried several times to get I yield back the balance of my time. the opportunity to express myself on the Department of Agriculture to base Mr. ROYCE. Mr. Speaker, I yield my- this most important issue. And I thank people in some of the places along the self the balance of my time. JIM MCDERMOTT, who will be leaving— coast, Senegal and some other places, In closing, I have been to the fac- I don’t know whether he is going back in order to give them the instructions tories across Africa, and I have seen to Africa, but he won’t be going back necessary to be able to bring those the women employed. I have seen how as a Peace Corps volunteer, I will tell products in. What I hope will happen— AGOA is improving economies in Afri- you that. I thank him for his friend- and CHARLIE RANGEL and I are going to ca. AGOA is making a difference and ship. leave the scene, and we did everything could have even more impact on the Mr. ROYCE. Mr. Speaker, I continue we could during the time we were continent if the measures included in to reserve the balance of my time. here—for the rest of you, you have got this AGOA Enhancement Act are im- Ms. BASS. Mr. Speaker, as I men- to put some money in, put some money plemented. tioned before, I have had the honor of down on the ground. This bill improves how we offer as- serving with Mr. MCDERMOTT for the I had a project in one of the bills. sistance through the Millennium Chal- last 6 years, knowing that he was a Lions are a huge issue in Africa. If you lenge Corporation to increase the abil- Peace Corps volunteer in Africa. He want to have lions, and you want to ity of people in Africa to trade, and was the one that led the effort around have people go out and hunt them, helping cut the bureaucratic barriers conflict minerals, something many well, if you kill a lion, it is only worth and needless red tape that thwarts people were concerned about in the $800. But if you leave a lion there for trade. country. They even made movies about tourism purposes, it is worth $50,000. So This bill helps unlock the potential the subject and all of the havoc that we have encouraged these countries to of AGOA so that people in Africa can was wrought in many African countries get the poachers to become game war- strengthen their markets, and so because of conflict minerals. And also dens and the women to run B&Bs out Americans can improve trade relation- my work with him on child welfare there, so we would have tourism which ships with countries in Africa. And yes, issues and his legacy on both of those would bring foreign exchange into Afri- it has been slow going, slow progress. issues. ca to give them the ability to invest We have gotten a few more staffed posi- I yield 5 minutes to the gentleman and do more. tions from the U.S. Department of Ag- from Washington (Mr. MCDERMOTT). An epidemic of tuberculosis occurred riculture, a few more ag inspectors po- (Mr. MCDERMOTT asked and was in the African lions. There were only sitioned there. And JIM MCDERMOTT is given permission to revise and extend two people in all of Africa who had ever right, we need to do more. We have his remarks.) dealt with a big game animal, so we been slow going, but we have more for- Mr. MCDERMOTT. Mr. Speaker, it is thought, let’s start a school; we will eign commercial service officers now in kind of awesome to become a myth in start a veterinary school. We couldn’t these positions in AGOA. your own time. I was not a Peace Corps get the money. There are a lot of In 2 weeks’ time, we will have the volunteer. I was in Africa in 1961 before things that we could do with very AGOA forum. We will again be bringing the Peace Corps ever existed. When we small amounts of money in terms of these issues up. In the following ses- were in Ghana in 1961, the first Peace helping them develop the capacity be- sion, the effort will continue, as JIM Corps volunteers arrived, so I was there cause the bill is filled with this capac- MCDERMOTT laid it out, to see this when it all started. ity building. Give them the oppor- through and to try to make AGOA as I also want to remind you—when you tunity to develop capacity. effective as we possibly can. In the in- know the history of something, it is But sometimes it takes a small in- terim, this legislation is a big step in kind of interesting to listen to it—this vestment on our part, and that is real- the right direction. started in 1995. We put a bill in and, ac- ly what I hope will come. Maybe the I really want to thank not only Con- tually, Speaker Gingrich got it out of bill will pass and then we can get a lit- gresswoman KAREN BASS, but also my the House. It passed the House in 2000. tle bit of money into the Foreign Oper- colleagues from their original efforts, We couldn’t get it through the Senate. ations appropriations act and use it for CHARLIE RANGEL and JIM MCDERMOTT, It had to come back under Mr. Bush. that kind of program. and urge a unanimous vote, again, in Then we finally got it through the I think this is a work in progress. It support of the extension of AGOA. House and the Senate, and it became won’t be done when I leave and CHAR- I yield back the balance of my time. law. LIE leaves. I remember the first meet- The SPEAKER pro tempore. The It has been an issue that everyone ing CHARLIE and I had with the ambas- question is on the motion offered by recognizes something needs to be done. sadors from all of Africa. Nobody the gentleman from California (Mr.

VerDate Sep 11 2014 06:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.101 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5153 ROYCE) that the House suspend the Management—those are all of these entific, because we had somebody in a rules and pass the bill, H.R. 2845, as kind of light orange areas—all the way cubicle in a little office, who never amended. up here, into Montana. It is just ex- went to those areas, and he says they The question was taken; and (two- traordinary, when you look at Nevada, are threatened, so we are going to say thirds being in the affirmative) the how much land the State of Nevada they are threatened. You people who rules were suspended and the bill, as and the citizens of Nevada control and live in that area and who took pictures amended, was passed. how much the Bureau of Land Manage- of them everywhere must not know A motion to reconsider was laid on ment controls. Absolutely extraor- what you are talking about. the table. dinary. We run into the same thing Wilderness areas, we have got 765 wil- derness areas on Federal land. That is f here just north of California and get- ting into Oregon and over into Idaho, 109 million acres in 44 States. Then we COMMUNICATION FROM THE Colorado, Wyoming. It is just incred- have the Clean Air Act and Class I DEMOCRATIC LEADER ible. areas also added in here. The SPEAKER pro tempore laid be- Then the U.S. Fish & Wildlife Service Then, on our last map here, we have fore the House the following commu- gets some of their land in here. Then added on the wetlands—110.1 million nication from the Honorable NANCY you also have the United States Forest acres are subject to section 404 regula- PELOSI, Democratic Leader: Service. Those are these green areas. tions of the Clean Water Act—and ma- They have got a lot of California, a lot rine protected areas. There are 13 ma- SEPTEMBER 7, 2016. Hon. PAUL D. RYAN, of Oregon, Washington, Idaho. You rine sanctuary areas in more than Speaker of the House, United States Capitol, have got Montana, Wyoming, Colorado, 170,000 square miles of waters. Then Washington, DC. right on down. You have got even Ari- you have got the Outer Continental DEAR MR. SPEAKER: Pursuant to Section zona and New Mexico. Extraordinary. Shelf at 1.712 billion acres. 4(a) of the John F. Kennedy Centennial Com- That is this light green area. Then you We will add this additional map. We mission Act (P.L. 114–215), I am pleased to have the national parks. have added Wild and Scenic Rivers. appoint The Honorable Joseph P. Kennedy Oh, by the way, the Forest Service There are 12,709 miles of 208 rivers— III of Massachusetts to the John F. Kennedy has 197.1 million acres. Twice the size amazing—that are managed by BLM, Centennial Commission. Thank you for your consideration of this of Montana is what the U.S. Forest the National Park Service, the U.S. recommendation. Service has. The U.S. Fish & Wildlife Fish & Wildlife Service, and the Forest Best regards, Service has 89.1 million acres. That is Service. Then we have 49 heritage areas NANCY PELOSI, larger than Utah and North Carolina in 32 States. It is absolutely extraor- Democratic Leader. put together. The national parks have dinary. When you look at all of the f 84 million acres. That is larger than overlays of federally owned controlled New Mexico and New Hampshire put land, there is just not much left there. b 1815 together. Then there are other agen- Now, I love the idea that our chair- man, ROB ISHOP FEDERAL LANDS POLICY cies. We add on the Department of En- B , had for a bill. How ergy, the Department of Transpor- about if we don’t allow the Federal The SPEAKER pro tempore. Under tation, the TVA, the Bureau of Rec- Government to get any more land—to the Speaker’s announced policy of Jan- lamation—extraordinary. take over any more land—west of the uary 6, 2015, the gentleman from Texas When you look at how much land is Mississippi until 10 percent of all of the (Mr. GOHMERT) is recognized for 60 min- white—meaning that belongs to State, land east of Mississippi is owned by the utes as the designee of the majority local, or private owners—and how Federal Government? That might slow leader. much is owned by the Federal Govern- things down with the people who are Mr. GOHMERT. Mr. Speaker, our ment, you begin to think, perhaps, the east of the Mississippi starting to have Natural Resources Committee—and Soviet Union didn’t disappear and that to lose their private property as the great work from the Natural Resources the Soviet Union is now in the Western Federal Government takes up more and Committee’s staff—has been trying to United States when a government con- more. get a handle on just how much land the trols that much of what used to be pri- I am pleased to be joined by the gen- United States—the Federal Govern- vate property, much of it. tleman from California. He knows Cali- ment—has taken over. We look at the next map, and we are fornia as well as anybody in the coun- West of the Mississippi, it is abso- adding on another overlay. With this try, certainly better, probably, than lutely extraordinary. Now, we have one, we have the endangered species’ the current Governor. I yield to the heard in recent months and over the critical habitat. That is for 704 species gentleman from California (Mr. last few years of incidents in which of plants and animals. I know, in my MCCLINTOCK). landowners, according to the media, district, we have two plants that grow Mr. MCCLINTOCK. I thank the gen- just went off and did something crazy, wild, and they are all over the place. tleman for yielding, and I particularly overreacted—maybe had a gun—but it They were notified that they are now want to thank Congressman GOHMERT bears looking into what the Federal listed as threatened, and my local gov- for organizing this discussion on Fed- Government has been doing to the ernments are already suffering because eral lands policy and for his high- landowners, to the local governments, of the Federal land, the national for- lighting of the Federal Footprint Map. to the State governments in the West- ests. They get no tax money. They are You can find that at ern United States. Our committee has not getting revenue. The Federal Gov- naturalresources.house.gov/ been able to pull together maps that ernment is not producing the renew- federalfootprint or just Google ‘‘Fed- show just how much Federal Govern- able resource of timber off of them eral Footprint.’’ When you do, you will ment property we have. anymore. Then they get notified that have a complete picture of how much On this, we have the Bureau of Indian they have got a couple of threatened land the Federal Government owns and Affairs showing in these burgundy, or plants with critical habitats there. how much of your State and your com- maroon, areas. These are areas in the The local government was saying: munity is affected. It may surprise West that the Bureau of Indian Affairs Wait a minute. These things are every- you. is in charge of. where. These plants are all over the For example, the Federal Govern- When we look at the next map here, place. Look, we have got pictures. ment owns just seven-tenths of 1 per- added to that of the Bureau of Indian They are all over the place. You can cent of the entire State of New York. It Affairs, we have the Bureau of Land find them anywhere. owns just 1.1 percent of the State of Il- Management. Those are these areas What does the Federal Government linois. It owns just 1.8 percent of the here, the pale color, the soft orange. It say? State of Texas; but then go further is 247.3 million acres. That would be Yes, but we have a scientific study west, and you will see the reason for larger than Arizona, plus Iowa, plus that says they are threatened. We don’t the Western revolt. The Federal Gov- Colorado, plus Nevada all put together care if you have got pictures that show ernment owns and controls 62 percent that is owned by the Bureau of Land they are everywhere. That is not sci- of the State of Alaska. It owns and

VerDate Sep 11 2014 06:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.103 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5154 CONGRESSIONAL RECORD — HOUSE September 7, 2016 controls two-thirds of the State of Service official saw her pick it up. The I, again, thank the gentleman from Utah and 81 percent of the State of Ne- next thing they knew, six armed Fed- Texas for organizing this time today vada. In my home State of California, eral law enforcement officers de- and for yielding time. the Federal Government owns nearly scended upon their home. They tore it Mr. GOHMERT. Mr. Speaker, I thank half; 48 percent is Federal land. In one apart and, ultimately, prosecuted this the gentleman from California (Mr. county in my district, Alpine County, elderly couple for removing the horse- MCCLINTOCK) so much for his in-depth the Federal Government owns 93 per- shoe, charging them criminally with observations. cent of the land. stealing from the Federal Government. I yield to the gentleman from New If you are not from one of the West- Ultimately, the Federal judge dis- Mexico (Mr. PEARCE), who knows a ern States, you need to understand missed the charges and chastised the great deal about this situation. what that means. That is all land that officials who were responsible for this Mr. PEARCE. Mr. Speaker, I thank is completely off the local tax rolls. travesty, but only after this couple had the gentleman from Texas. Again, I ap- That is land that carries increasingly gone through hell. preciate the comments of the gen- severe restrictions on public use and Ask yourself how your local economy tleman from California. access, which means it is generating would fare if the Federal Government I am sure most of you have seen this very little economic activity to these owned 93 percent of the land in your chart, but the color red designates the regions; and, often, Federal ownership county, forbade or greatly restricted Federal ownership of land. So you can means that Federal land use policies any economic activity on it, and ig- see some of the statistics that were are in direct contravention to the wish- nored the pleas of your local city coun- quoted by the gentleman from Cali- es of the local communities that are cil or county board. fornia that, in the Eastern part of the entangled with it. U.S.—and it begins at New Mexico, Col- b 1830 Recently, the Natural Resources orado, Wyoming, and Montana—is Committee held a field hearing in In my district, the Federal Govern- where the great mass of Federal lands north Las Vegas at the request of Con- ment consigned our forests to a policy come into play. You might ask why? gressman CRESENT HARDY. Now, if you of benign neglect. We now have, rough- These are the States that came in have ever flown into Las Vegas, you ly, four times more trees per acre than after Teddy Roosevelt was President. know how vast are the empty and un- the land can support. In this over- So in the early 1900s, he began the pol- utilized lands of Nevada, stretching as crowded and stressed condition, the icy of holding many of the lands that far as the horizon. Yet the local leaders trees can no longer resist the drought were supposed to be given back to the there all complained of how the re- and beetle infestation. Today, an esti- States. He wanted the large national gion’s economy suffers from a great mated 85 percent of the pine trees in parks that we were many times enam- shortage of land—land for homes and the Sierra National Forest—that is ad- ored with, the large national forests. shops, for businesses and infrastruc- jacent to Yosemite National Park—are But they go beyond that. And that ture. What an irony and what a com- dead. And I am talking about Christ- going beyond, that holding of land that mentary about the harm that is being mas-tree-in-July dead just waiting to has productive use but will not be used done by the decisions of our Federal be consumed by catastrophic fire. productively by the government, is the land managers. The National Park Service estimates great source of economic problems in More than a century ago, we began it is facing more than $12 billion of the West. setting aside the most beautiful lands maintenance backlog, yet we keep add- Now, in New Mexico, which is the in the Nation for the ‘‘use, resort, and ing to the Federal holdings that we State here, we have many national for- recreation’’ of the American people. can’t take care of now. That is why the ests in the areas covered with red. At That was the wording of the original Federal footprint map is so important one point, New Mexico had 123 mills Yosemite Land Grant that was signed to understand and why fundamental re- that were processing timber that were by Abraham Lincoln in 1864; but some- form of our land use policy is of para- cut out of our national forests. So 20 or where along the way, public ‘‘use, re- mount importance. 30 years ago, the Fish and Wildlife sort, and recreation’’ became ‘‘look, Now, the Federal Lands Sub- Service said that we have to protect but don’t touch,’’ and the Federal Gov- committee has three principal goals: to the spotted owl and logging is the prob- ernment became indiscriminate and restore public access to the public lem. They killed 85 percent of the tim- voracious in the amount of land under lands, to restore sound management to ber industry nationwide. They killed its direct control. the public lands, and to restore the those jobs nationwide. As I said, my congressional district is Federal Government as a good neigh- In New Mexico, of the 123 mills that in the heart of the Sierra Nevada. Com- bor to those communities most im- we had processing timber at one point, mon complaints from my constituents pacted by the Federal lands. But over- we have closed 122 of them. So imagine and from local government officials arching all of these imperatives is the these rural communities up in the range from abusive Federal regulatory simple fact that excessive Federal land mountains of a sparsely populated enforcement to inflated fees that have ownership in the West has become a State, they have no economic basis forced families to abandon cabins they stultifying drag on our economies and now that the Forest Service has shut have held for generations, exorbitant a direct impediment to our ability to these mills down. By the way, about 3 new fees that are closing down long-es- take good care of our public lands. years ago, they came out with a find- tablished community events, road clo- I thought Congressman GOHMERT put ing that logging was never the prob- sures, and the arbitrary denial of graz- it best in a subcommittee hearing we lem. ing permits for family ranchers who go held almost 2 years ago now when he So economic devastation occurred in back generations on that land. A small compared the Federal Government’s the areas where the national forest had town in my district that is trying to land use policies to the old miser whose stopped all logging for a lie that had install a $2 million spillway gate for great mansion has become the town come from the Fish and Wildlife Serv- their reservoir was just given a $6 mil- eyesore—overgrown with weeds, paint ice. So people in the West are under- lion estimate from the Forest Service peeling, roof dilapidated, broken win- standably irritated, they are angry, just to relocate a hiking trail and a dows—while the old miser spends all of and they are mad because their way of handful of campsites. his time and money plotting how he life has disappeared in these logging Let me relate one quick story of can buy his neighbor’s land. communities. But it goes much further what it means to be entangled in this There needs to be a proper balance beyond that. Federal morass that came to me from between Federal ownership, State and A couple of years ago, the Forest the sheriff of Plumas County, which is local stewardship, and the productive Service took a look at the grazing al- just outside of my district. private ownership of the lands. One lotments in one of the forests and said: An elderly couple goes horseback look at the Federal footprint map ‘‘Oh, we have got to eliminate you 17 riding near their home. They come should warn even the most casual ob- ranchers.’’ across an old horseshoe. The wife picks servers that we have lost that balance We asked later if they would show us it up, and an ambitious, young Forest and that we need to restore it. the science which said they have to get

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.105 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5155 the people off. They showed me a pic- ernment ownership in the West, under- I would like to highlight a few exam- ture of an orange, 5-gallon can turned stand the trauma that it brings to us in ples that were raised at this field hear- upside-down in the forest and said: our schools, in our jobs, and in our way ing and expose the stark reality. ‘‘Look, the grass height is not high of life. First, we had a chief engineer for the enough.’’ It is time for the U.S. Government to Clark County Regional Flood Control I began to ridicule their orange-buck- change its policies. It is time for the District testify that erroneous BLM re- et science in public. It embarrassed U.S. Government to begin to deal with quirements prevent the county offi- them tremendously. Meanwhile, we the fact that people need to raise fami- cials from removing excess sediment asked the scientists at New Mexico lies in rural States, they need the ac- and debris from detention basins after State University to come and study the cess to good schools, and we need to be desert flash floods. It is amazing that grazing and the height of the grass, and able to access the land which they are you would have to ask the Federal they said it is probably at historic currently curtailing at an amazing Government to return to clean out de- heights. rate. So that is the perspective from bris where you have already done EISes So we got involved in the issue. All New Mexico on the ownership of Fed- and NEPA reports; that you can’t go the ranchers were eventually rein- eral lands. remove it before the next flood comes. stated into their allotments, but these Again, I thank the gentleman from Anybody that knows the desert are private property rights. The allot- Texas (Mr. GOHMERT) for his leadership southwest knows that we don’t get ments are things that have been pur- on this issue. I thank him for the time much rain, but when we get it, we get chased and sometimes passed along that he has yielded to us on this par- it all at once. In our area, we can have ticular subject matter. I would, again, from generation to generation. 31⁄2 inches of annual rainfall, but it can Those private property rights, con- state that we can do better and we all come in a couple of floods. And if we stitutional rights, were removed with must do better. don’t get those detention basins no reason, with no understanding of Mr. GOHMERT. Mr. Speaker, I thank cleaned, we have the stark reality of the gentleman from New Mexico (Mr. what they are doing from a Forest shirking the responsibility of local PEARCE). Service that was arrogant with its governments and the county govern- So often we hear from people here on power. ments by protecting for the life, safety, Again, you see the effect on our econ- this floor from the other side of the aisle talking about how much they and health of the citizens that are the omy. New Mexico is one of the lowest taxpayers. economies in the U.S.’s 50 States. So to care about the children, for the chil- dren, for the children. And I know, in He also stated that these aggres- find the U.S. Government at odds with sively lengthy and convoluted Federal the jobs in the State in this rural area my district, we have counties that have national forests. There is no tax processes poses a significant public just does not make sense to most peo- safety issue in the event of future base, as Mr. PEARCE points out. ple. So you find this budding anger You can’t tax it when they are not floods. across the entire West because the producing the renewable resource of Next we heard from a board member same policies affect everyone out timber. These aren’t sequoias. These of the Opportunity Village, a commu- there. are not redwoods. These are just pine nity organization that serves thou- Right now, we have a situation where trees that grow back every 15 or 20 sands of people with intellectual dis- one family has been fighting the U.S. years or so. And the schools are hurt- abilities. She emphasized the need of Forest Service for their water rights. ing, the local governments are hurting, making affordable land available for The court said the water rights belong but the children suffer because of the important public purposes, including to them. The Forest Service responded Federal Government’s usurping the those carried out by qualified nonprofit by putting a fence around the 23 acres. land, failing to utilize it, and leaving organizations. According to her testi- And they said: ‘‘Well, it may be his people high and dry. mony, the fundraising dollars of chari- water, but it is our 23 acres sur- We had a hearing. I learned a lot, and table community organizations would rounding the water.’’ I was pleased that my friend, Mr. be better off spent applied directly to The rancher went back to the courts. HARDY, had requested the hearing be- their mission and the people they serve The courts said, over a period of time, cause I learned a lot. instead of going into the coffers of the he does not have a right to walk his I yield to the gentleman from Nevada Federal bureaucracy. Unfortunately, cows on their 23 acres, but he does have (Mr. HARDY). these charities are forced to expend the right to move the water from the 23 Mr. HARDY. Mr. Speaker, I thank their limited dollars to acquire the acres to his cows. The Forest Service the gentleman from the great State of land from the Federal Government. responded by electrifying the fence. Texas for yielding me the time. So you see that the current Federal Now, our office has been engaged for Nowhere are the challenges of the land management is preventing com- 12 years trying to get some reasonable Federal land mismanagement more munities like ours in southern Nevada understandings between the rancher evident than in Nevada, where more from carrying out some of their most and the Forest Service, but it, again, is than 85 percent of our State is con- important responsibilities, like public this arrogance that is willing to drive trolled by the Federal Government. safety and helping individuals with dis- one of the largest ranchers in that area Land management is an issue that af- abilities. out of business over something that is, fects all Nevadans, both urban and Those of us on the committee, in- to most people, not understandable. rural. That is why I was proud to have cluding my colleague from Texas, firm- We continue to analyze the effect, the opportunity to hold a Natural Re- ly believe that there is a better way again, of these big red areas in our sources Committee field hearing in my forward to protect our public lands and States. And at the end of the day, the district examining the unique chal- natural heritage while allowing the most pressure is put on the Western lenges facing southern Nevada commu- communities to thrive. If we want to schools. Now, the gentleman from Utah nities. grow and diversify our economy to sup- (Mr. BISHOP) has done a magnificent At the hearing, we heard from local port a growing and diverse population study showing that the schools in these agencies, a nonprofit organization, a in Nevada, we cannot afford to stand States are 20 percent below in funding university professor, a private sector still. As Nevada continues to change, all of the States in the rest of the trade association, and the Federal Gov- so, too, must our land management. country. ernment. By bringing all of these dif- Mr. Speaker, I thank the gentleman So at the end of the day, the problem ferent stakeholders to the table at from Texas for leading this important beyond the tax base, the problem be- once, one thing became abundantly conversation on the Federal footprint yond the jobs, the problem is in our clear: the status quo Federal land man- out West. schools that are starved for resources agement isn’t working, and we need to because we have no tax base on which do something about it. If we fail to act, b 1845 to fund the schools and which to fund we will not only harm the quality of Mr. GOHMERT. Mr. Speaker, I thank the local governments. So as you look life for our constituents, but we will the gentleman from Nevada. It was at these footprints of the Federal Gov- also be endangering the public safety. quite a learning experience, and it was

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.106 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5156 CONGRESSIONAL RECORD — HOUSE September 7, 2016 amazing to hear testimony about the crammed areas is unhealthy forests They would eat the grass that was Federal Government not only not being that have not been logged. more palatable, but they would also helpful when ditches needed to be Now, what you are seeing in these eat the noxious weeds, and then you cleaned out to prevent massive flood- green, beautiful areas has been logged. move them. So you continue to move ing problems, but actually being a big- So what has happened there? There has them among these 16 cells on 2,600 ger problem than the floods them- been selective logging. It has been done acres. As we grazed that way, we found selves. with the natural contours of the land- out that healthy stands of grass, palat- At this time, I yield to the gentle- scape. It has been done in the high able grass, good buffalo grass, short woman from Wyoming (Mrs. LUMMIS), ground, so you can keep some high grass, prairie grasses were thriving. my dear friend, who is going to be se- mountain meadows that help keep The noxious weeds were declining. The verely missed come next year. snow and a source of grass growing eroded draws were healing. There was Mrs. LUMMIS. Mr. Speaker, I thank below the tree canopy for wildlife, more opportunity to sequester carbon. the gentleman from Texas. Texas is a hopefully keeping them in the high When you concentrate cattle into State that has very little Federal land. country longer in the year. Further- those small areas, their manure be- And the fact that he took the reins as more, those trees can breathe; they are comes a tremendously valuable source subcommittee chairman for the Com- better resistant to disease; they are of fertilizer. The grass stand is mittee on Natural Resources Sub- healthier and better resistant to fires. healthier. This process was proven in committee on Oversight and has taken One of the big consequences of having Africa in grazing, and it is being done such an active interest in this issue is overcrowded, unhealthy, unlogged for- successfully all over the United States. something for which those of us from ests is these massive wildfires that we Please go to the Allan Savory TED the public lands States in the West are have been having these last few years. Talk. You will understand what I am very grateful. Thank you very much, That is bad public policy that was saying. What he shows on that TED Mr. GOHMERT. probably generated by people who were Talk, I have experienced on my own Now, what does this mean on the well intentioned, who thought that we land. ground? What we have told you tonight were overlogging, so their viewpoint We should be doing that on BLM is roughly 640 million acres of this was to quit logging, when, in fact, that land. We have BLM land that is over- country, or about 30 percent—1 in 3 made matters worse. Instead of quit- grazed, and some people come here to acres in this country—are owned by ting logging, we should have been more Congress and say, well, if you would the Federal Government. So we have selective and more careful using just take cattle and sheep off the pub- gotten that far. silviculture techniques and horti- lic lands, it is just being overgrazed, We have also told you that there are culture techniques that have been then we can have as many wild horses a variety of Federal agencies that own proven in the 21st century. as we want. The problem with that is, this land. The biggest one is the Bu- Let’s look at grazing, which is a wild horses have a solid hoof, so when reau of Land Management, BLM, which more common use of BLM land. What they pound the ground with their solid is under the umbrella of the Depart- we have found—and I strongly encour- hoof, they are compacting the soil. ment of the Interior. The BLM man- age you to go listen to this TED Talk. When it rains, it runs off instead of ages about 250 million acres, and 99.9 If you have ever listened to a TED seeping into the soil. If you put cattle, goats, sheep, elk, percent of that BLM land is in the 11 Talk, this is one of the best ones I have deer, moose that have split hooves on Western States and Alaska. ever heard by a man named Allan Sa- that ground, they actually knead the So this is an agency that really vory. So get on TED Talks, go to Allan soil with their hoof action, and it de- doesn’t deal with 38 of the States. It Savory, and you will finally under- velops an opportunity for more of that only deals with 12. But those States are stand what I have been saying here for rain to seep into the ground. It is a bet- so dramatically affected by this agen- 8 years about 21st century grazing ter grazing ungulate. We have learned cy, if you combine those 250 million practices. all this recently. This is not 21st cen- acres, roughly, that BLM manages, As it happens, Allan Savory, who is tury science. This is late 20th century that is like the States of Colorado, Ari- probably the preeminent global expert and now 21st century science. zona, Nevada, and Iowa combined. It is on grazing, has his ranch in Zimbabwe, The problem is our statutes were a huge geographic area. and the areas that he was working in passed in the 1970s when the thought It is not taxed. It is off the property Zimbabwe were horribly, horribly erod- was we should concentrate power and tax rolls. So that is why our schools ed. They attributed it to overgrazing. authority and public input into Wash- and other public services in our 11 They were worried that there were too ington, and we should make these graz- Western States and Alaska are so im- many elephants, so they did a massive ing policies and forestry policies out of pacted by the presence of BLM land. killing off of thousands of elephants, Washington because the people in the We are given payments in lieu of taxes, only to find out that was not the cause. States can’t be trusted. They will but they are not the equivalent of get- When they changed their grazing overlog, and they will overgraze to line ting taxes, and they are certainly not practices and put four times as many their pockets. You know, it is just not something that we can count on every split-hoofed animals, meaning cattle or true anymore, but our statutes are year. Some years Congress gives PILT sheep or goats, on that land and herded stuck in a 1970s command-and-control money and some years it does not, so it them, it actually made the grass scheme. is not a reliable source of revenue for healthier. Grass grew back in stronger So we need to update our statutes to these States. Yet they are tremen- stands of grass. They sequester more reflect our greater understanding of dously impacted by these lands. carbon, so it is good for carbon capture logging and grazing and how mankind The science has changed so much, and sequestration, and the grass stands can actually benefit and sustain these but our statutory scheme in managing were healthier. Eroded draws healed resources and improve these resources these lands has not caught up to the up; the grasses came back. well into the 21st century. We owe it to better science that we have today. For These practices were brought to the our children and grandchildren. example, let’s look at this picture. I United States. Interestingly, my fam- I thank Mr. GOHMERT so much. hope you can see it from where you are ily purchased some land on the ranch Mr. GOHMERT. I thank my friend sitting. Some of the brownish areas are next door to us that had a Savory graz- from Wyoming. Well-made points. land that has not been logged. The ing system on it. It had 2,600 acres that When you look at Wyoming on the map trees are clogged close together. They were divided into 16 smaller pastures, and you see just how much of it is col- have small diameters. They are com- with the water source in the middle, ored, meaning how much is controlled peting for moisture, for root space, for and we would move our cattle among by the Federal Government, how much the nutrients in the soil. Because they these 16 small cells; and you would put is owned by the Federal Government— are so crowded together, they become all of them in one cell for a very short I think about the movie where one law- less healthy. Bark beetles and other period of time, maybe 10 days, and they yer got upset because the judge kept forest killers are killing them out. So would graze that grass down to the interrupting, and the lawyer ulti- what you are seeing here in the nubs. mately says: Well, Judge, if you are

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.108 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5157 going to try my case, just don’t lose it thousands of acres of private and State now with the issues of people who are for me. land as well where, as part of the strat- now basically in depression. More do- I think about that with regard to the egy, the Federal Government was even mestic violence happens because they Federal Government taking over all of resorting to a backfire-setting strategy don’t have a job anymore. this land. If you are going to take over on private lands, as they are doing However, the Federal footprint isn’t our land, Federal Government, at least right now to let it burn its way out. limited solely to federally owned land. just don’t ruin it, which has been going This happened partly up in my district The map identifies not just land owned on. In fact, what we have seen with the in Siskiyou County right now, thou- by the Federal Government, but also fund that has been used by the Depart- sands of acres of private land back- areas with restrictions on human ac- ment of the Interior to acquire more fired. tivities due to Federal regulations. and more land, I think we may be $9-, We know that the Forest Service and As you can see, between national for- $10 billion behind in upkeep and main- National Park Service alone have a de- ests and other Federal public lands and tenance of our national parks. Our Fed- ferred maintenance backlog, by their areas under critical habitat, wetland, eral properties as facilities are declin- own estimate, of over $16 billion—$16 or other restrictions, economic activ- ing. Where they are not getting proper billion that would have to come from ity is restricted in the vast majority of repair, it is like, as Mr. MCCLINTOCK the national Treasury. Yet both agen- my district. These colors in green and mentioned, all they can see is, wow, we cies are continually attempting to ac- orange are pretty much dominated by have got money, let’s get more land quire even more land. Federal land ownership or, supposedly, stewardship. The areas in white are and more land and more land, and they b 1900 are not properly taking care of what where the offers are still for people in they have. The result, of course, is that these private areas to carry out economic ac- At this time, I yield to the gen- agencies’ funds are stretched more and tivity. tleman from California (Mr. LAMALFA). more thinly, making the backlog even You can see from the color of that He knows all about the problems the worse. At the same time, they are also map that there are not a whole lot of Federal Government continues to cre- complaining that, with the increased options left. Indeed, by the time they ate and aggravate. amount of fire suppression, the costs establish wildlife corridors and more Mr. LAMALFA. Mr. Speaker, I really have shifted for the Forest Service and more of these things that are in appreciate my colleague, Mr. GOHMERT, from one-third of the budget just a few the plans, you can see our options are once again for yielding to me on so years ago to, now, two-thirds of their going to be just about zero. many of these important topics that entire budget for fire suppression, mak- This means that local voices, once we have worked on together during my ing it harder for the things they should again, are ignored. Communities have relatively short time here. be doing, with getting out harvest per- little recourse when Federal agencies This, of course, is very key to all of mits and doing their other green work arbitrarily decide to close roads, limit us in the West, and the reality of which during the nonfire season. That doesn’t economic activities like hunting, fish- needs to be pressed upon all the people happen anymore. ing, hiking, what have you, and expand of the country and all of our legislative Another impact of Federal land ac- their reach through regulations and colleagues across the country, espe- quisition is to deny the local govern- habitat designations. cially on the East Coast that really ments the property tax revenue they Rural Sierra Nevada communities can’t quite fathom how far-reaching would receive and generate and deny have long been told by environmental- this is in Western States. So it is really the rural communities the jobs and ists that they must shift to a tourism a pleasure to be able to join with my economic activity that responsible economy now that Federal and State other Western colleagues and Mr. GOH- timber, ranching, farming, and mining restrictions have nearly killed the tim- MERT who have spoken here tonight. operations would generate. ber and mining industries in those We need to raise the awareness of yet Thanks to Federal land acquisition areas. But what happens when the another new map being released by the and this administration’s refusal to same environmental agenda, extended Committee on Natural Resources. Now, properly manage national forests, rural in the form of critical habitat and the map I am illustrating here, this ac- communities are heavily reliant on the other designations, even damages the tually breaks it down into a smaller secure rural schools fund, a program fledgling tourist economy that they size. This is the First Congressional the Federal Government funds to help want to promote for these commu- District of California, this being Or- local schools, police, and local infra- nities? egon up top and Nevada on the side, structure, to the tune of about $285 The Fish and Wildlife Service re- where you have that top corner there, million last year. Counties are also cently bent to the demands of extrem- which is part of a State that is owned heavily reliant on the PILT fund—pay- ist groups and listed the Sierra Nevada approximately 45 percent by the Fed- ment in lieu of taxes—to the tune of yellow-legged frog and the Yosemite eral Government—actually, not by the about $450 million last year. toad under the Endangered Species Federal Government. It belongs to the In both cases, local governments Act, affecting much of this area on the people. It is the public’s land. Our have less funding than if they were east side in my district and extending neighboring State, Nevada, is approxi- simply allowed to have the functioning down into Mr. MCCLINTOCK’s district mately 84 percent Federal land. economies that Federal regulations south of mine there. We know how poorly they are man- have destroyed. Both of these funds are During this process, my colleagues aged as we watch them go up in flames something we have to fight for each heard from many people in the several each summer. The visible result is that budget year to make sure they stay in public meetings that Mr. MCCLINTOCK millions of acres in the West burn each place, because people seem to forget and I had on this very subject a couple year. The amount of timber and fuel these are backfills for what has been of years ago. We wanted the public to reduction is done. You see most of that taken away from rural communities be able to be part of this process to en- is done on private lands where they can and rural economies. sure that the Service heard the con- actually go out and have the incentive These rural economies don’t want cerns of our constituents directly. to take care of their assets versus the handouts. They want to have the op- The Service’s initial habitat maps other side, with U.S. Forest Service portunity to be self-sufficient, while were riddled with obvious errors, like and BLM and others that don’t seem to not having to come begging for PILT the inclusion of parking lots and other be able to get out of their own tracks funds or the secure rural schools fund. areas which contained zero amphibian on the issue. This means jobs for these economies, habitat; and over 20,000 public com- For example, last year, 576,000 acres for these local areas, versus high unem- ments were submitted, which were of Federal land burned in California— ployment and the social ills that come overwhelmingly opposed to the des- this is the public’s land—about 1.3 per- from an economy that has now dis- ignation of this so-called critical habi- cent of all Federal land in the State. appeared, the social ills that affect tat. Even worse, fires which began on na- families and affect homes, that affect However, when the final designations tional forest lands burned hundreds of local government and what you have were released just a few days ago, they

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.109 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5158 CONGRESSIONAL RECORD — HOUSE September 7, 2016 differed little from the initial maps. growing up, and becomes the next tin- it manages it and is allowed to make a Nearly 2 million acres of Sierra Ne- derbox in 5 or 7 years. little bit of living at a time. vada, all down the east side of Cali- Indeed, the damage from these mas- So we have got a lot of work to do in fornia—about half within my district, sive fires we have these days, these cat- getting this message across on the way the other half pretty much all within astrophic fires, isn’t just to the trees. the West is dominated by poor manage- Mr. MCCLINTOCK’s district—were des- It is to the habitat, to the wildlife—the ment at the Federal level. I hope those ignated as critical habitat. very habitat they are fighting against people listening tonight will take this Again, throughout this process, the us on. to heart and give us the backing we Fish and Wildlife Service claimed there When you have these devastating need to accomplish better policy goals would be no negative impacts to Sierra fires, the next winter, what do you get? and make it so that our Western lands, communities. We learned that claim to Ash and silt all washing down into the our Western economies, our Western be false almost immediately. creeks, streams, rivers, and lakes, habitats can actually be preserved with For years, a race called the Lost Si- making it bad for the fish. You don’t wise management, not this debacle we erra Endurance Run, a 50-kilometer, have the habitat there for owls or any- see happening every fire season. has been held on existing trails and thing else that used to be there when So, again, to my colleague, Mr. GOH- roads throughout the town of Graeagle the forest was still standing. Somehow, MERT, I thank him so much for having in Plumas County, California. Run by a there are a handful of extremists that this time here tonight for us to be able local small local nonprofit, the race think this is somehow good. Oh, we to spotlight this once again for our generates thousands of dollars for trail need these burned lands. American people and for our col- maintenance and has a significant eco- California is full, at this point, with leagues. I appreciate it. nomic impact on a little town know as about 66 million dead trees, by the U.S. Mr. GOHMERT. I am grateful to Mr. Graeagle, with local hotels, res- Forest Service’s own estimates. This LAMALFA, a man that has been edu- taurants, and shops benefiting from the isn’t just an isolated tree here and cated in agriculture. He knows what it visitors the race draws to the area, as there. Now you can see entire groves is to be a farmer. He knows what it is well as people being able to enjoy the that are just waiting for the next light- to be a good steward of the land. At this point, we have someone else outdoors and see what their public ning strike or the next spark, and it is who knows something about use of the lands are all about. going to be big-time problems for those land. He is a dentist but knows about However, last year, before the crit- areas to try and put them out. use of the land. ical habitat designation was even com- The Forest Service even goes so far I yield to the gentleman from Ari- plete, the nonprofit was told they as to resist the opportunity for doing land swaps with land that has already zona (Mr. GOSAR). would need to pay to conduct a study Mr. GOSAR. I would like to thank been managed, thinned, properly left on the impacts of the race on the yel- my good friend and colleague, the gen- by private concerns. Where they can low-legged frog—an impact study. Fed- tleman from Texas, for taking the time then move on to take some trails into eral agencies were concerned that run- to lead on this important conversation public ownership, that would be bene- ners using existing trails might nega- about the size of the U.S. Federal foot- tively impact the frogs. ficial for the public as well as private print. The study the Federal agencies de- entities being able to manage the for- It is a conversation that many Amer- manded was costly enough to more merly public land. They resist these icans, specifically those living east of than wipe out any proceeds from the kind of swaps because they want to buy the Mississippi River, have never had race, and the organizers were forced to more, acquire more, with money we to think much about. However, in cancel it. Not only would runners not don’t have. Western States like my home State of be visiting the area, but now, trail con- Each new national monument, wil- Arizona, we face unfair burdens on our ditions will deteriorate without the derness, critical habitat designation, or communities due to the fact that over funding the race generated. Yes, the study area limits the tools to promote 90 percent of all Federal land is located funding that the race generated was healthy forests. With the desire and in the West. In Arizona, only 18 percent there to help keep the habit and the even mandate for new renewable elec- of the land remaining in the State is trails maintained. tricity—especially the mandates in privately held. This is the second year that the race California—forest biomass is one of the Where land is locked up by the Fed- has not occurred, and it is likely that greatest opportunity potentials we eral Government, the government con- it, with the visitors it brought to the have. It is something we need to be trols all aspects of use, development, area, is gone permanently. What is doing yesterday, in order to generate and access. Local school districts and next? Limits on walking through the the electricity and bring the jobs that businesses suffer, having no private area within a critical habitat? would come from removing that extra land base to grow or tax to support in- Colleagues, it may sound absurd, but material in a way that is good for the frastructure. Federal agencies have already ex- ecology, for the forest, and bring those Imagine the impact on corn if only 18 pressed concern that running within jobs right in the district—not building percent of the land in Iowa was pri- this designation could harm frogs. solar cells in China or wind machines vately held, or cotton production in Imagine all the other activities—using in Europe, but jobs right in our own Mississippi or oranges grown in Flor- off-road vehicles, hunting, fishing, backyard; thinning these forests, using ida. The agriculture that defines many camping, bird watching, hiking—that the material and putting it into a Eastern States would be severely lim- agencies likely view as dangerous to power plant that can generate renew- ited if they faced the same Federal frogs. able electricity to meet the mandate of footprint that Arizona and Western As we watch the West burn this time 50 percent California sees and that farmers must confront. of year, we observe the failure of Fed- other States will probably start adopt- Farmers and ranchers in the West eral ownership and nonmanagement of ing. We can be putting these jobs back face a tsunami of bureaucracy pre- the public’s lands. home, improving forest safety and fire venting them from doing their jobs. Compare private timberlands versus safety, preserving the habitat, keeping Additionally, energy development, in- the public. Private is fire-resistant and the water quality up, and, yes, bringing cluding traditional and renewable en- healthy, by and large, where they are the jobs home for those paper and wood ergy, is almost nonexistent on Federal able to manage their own lands. You products that we still all need. lands. can fly over it and see the checker- Instead, we watch them burn because I have held numerous townhall meet- board pattern of public versus private. they are unwilling to do what needs to ings and field hearings to hear from Before a fire, you see it being managed. be done. They are afraid to do what small-business owners, sportsmen, After a fire, you see the private lands, needs to be done. There is not enough farmers, ranchers, elected officials, and where they go back out there and get money in the U.S. Treasury to go out many other stakeholders who ada- the lands re-covered and replanted and try to recover all that habitat, mantly oppose furthering the reach again. Public land sits there with a plant those forests back, which is what and size of the Federal Government’s bunch of snags, dead timber, brush the private sector could be doing when footprint.

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.110 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5159 Adding insult to injury is the fact Mr. GOHMERT. I thank the gen- First, the voters will have to answer that the Federal Government manage- tleman from Arizona. I yield back the yes or no whether the District should ment agencies like the BLM have iden- balance of my time. become a State. tified hundreds of thousands of acres of f Second, the District will have to an- Federal land for disposal that the agen- swer whether voters, those of us who cy admits it is not effectively and effi- STATEHOOD FOR THE DISTRICT live in the District and vote in the Dis- ciently utilizing. OF COLUMBIA trict, approve of a constitution. That Imagine for a moment that the BLM The SPEAKER pro tempore (Mr. constitution is being adopted as I knows it has land that it doesn’t use JODY B. HICE of Georgia). Under the speak by the Council of the District of and yet the Federal Government still Speaker’s announced policy of January Columbia. keeps the land for itself. The BLM is 6, 2015, the Chair recognizes the gentle- Third, the voters will have to ap- not alone though. In April of this year, woman from the District of Columbia prove the proposed boundaries for the it was reported that the National Park (Ms. NORTON) for 30 minutes. State. That is important since the Fed- Service has a nearly $12 million de- Ms. NORTON. Mr. Speaker, I appre- eral sector would continue to exist. ferred maintenance backlog. Wow. ciate this time on the House floor this That Federal sector would be the areas The Forest Service Federal footprint evening because there has been a his- where The Mall and monuments and is 192.9 million acres, and the total toric development in the District of other Federal buildings are now lo- Federal estate exceeds more than 635 Columbia. Today, a new group called cated. The new State would be the million acres. Statehood Yes announced what neighborhoods of the District of Co- When businesses and the private sec- amounts to bipartisan support for D.C. lumbia. tor don’t develop their leases quickly statehood. And the fourth question the voters enough for the extremist environ- The fact is that the Republican Party will be asked to approve is whether mental groups, they are labeled as of the District of Columbia had not al- ‘‘greedy.’’ Yet these same groups give they pledge to support an elected rep- ways—in fact, had not been officially a the Federal Government a pass and ac- resentative form of government. part of the statehood movement, which tually encourage them to acquire more I was very pleased to hear Mr. is not to say that some Republicans land. The Federal Government is sup- Vradenburg speak today at Busboys have not been for D.C. statehood. posed to represent we the people, not and Poets, one of our local meeting But today was very different. Today, the special interest groups like the Si- places, about why he supports D.C. erra Club. a D.C. resident, George Vradenburg, a statehood and why he has taken on this In order to return Federal land that philanthropist in our city, a long-term effort to be the chairman. Among the is not being used back to the State and resident, and a former AOL executive, things he discussed, of course, is how communities who desperately need it, I announced that he was chairing a cam- he intends, with the effort of Statehood am proud to have introduced a com- paign that is part of the effort of the Yes, to reach out to all parts of the monsense solution that ensures public District of Columbia to achieve state- country. lands are utilized more efficiently, hood. That effort is being led by the The District recognizes that, in spite while also yielding significant benefits Mayor and the City Council who, ear- of this bipartisan support in the Dis- for stakeholders. lier this year, launched what is called trict of Columbia, statehood remains This legislation, known as the the Tennessee Plan. an uphill climb. HEARD Act, establishes an orderly The Tennessee Plan is simply a What important change in our coun- process for the sale, conveyance, and shorthand way to get statehood. The try has not been an uphill climb? exchange of Federal lands not being way in which my statehood bill oper- We are undaunted by that prospect. utilized by public land management ates is that, yes, the House and the We recognize that the Republican agencies that have been identified for Senate would vote for statehood, and it Party nationally has certainly not disposal. would then ask the city to submit a been supportive of D.C. statehood. At The HEARD Act will yield signifi- constitution and do what is necessary its convention this year, the Repub- cant benefits for education, sportsmen, to become a State. licans did not include language sup- agriculture and natural resource users, The Tennessee plan simply reverses porting D.C. statehood. In fact, there counties and States by establishing a that process. It does what Tennessee was language that appeared to oppose revenue-sharing mechanism that en- did. What Tennessee did was what the D.C. statehood. sures a fair return for all. District is in the process of doing. But at that time we did not have b 1915 What Tennessee did was to present a what we apparently have today, and constitution to the people to be rati- that is the official support of the Re- Now the Heard Act is modeled after the Southern Nevada Public Land Man- fied. And when it had done all of the publican Party of the District of Co- agement Act. This Federal law, en- preliminaries, preliminaries that are lumbia. That official support could not acted in 1998, has a proven track record often done after the statehood vote, be more important. Present at the of success in Nevada. To date, more they simply came to the Congress and Statehood Yes announcement today than 35,000 acres identified by the BLM said: Approve us for admission to the was Patrick Mara, the Executive Direc- for disposal have been sold, conveyed, State. And, indeed, that is exactly tor of the Republican Party of the Dis- or exchanged in Nevada, and sales have what the Congress did 200 years ago. trict of Columbia. generated nearly $3 billion in revenue. The District is trying to imitate that This bipartisanship is minimally nec- The revenue-sharing mechanism in- approach to statehood. In order to do essary for us to move forward; just as stituted by this law has benefited edu- so, there needs to be a vote. You are we recognize we will have to work with cation, enhanced recreational opportu- not going to get statehood if you don’t Republicans here in the Congress in nities, public access, and achieved bet- want it. So as part of the democratic order to get the same rights they have. ter overall management of public process, the District would have to District of Columbia residents are lands. Imagine what we could do if we vote on whether or not it wants state- number one per capita, first in taxes returned public lands that were up for hood. That is what the Statehood Yes paid to support the government of the disposal back to the public and back to campaign is trying to facilitate as part United States, and yet, the City’s the State. of what is required by the Tennessee budget comes here every year. It is a It is long past time that Congress plan. local budget. That is money, $4 billion, takes action to responsibly shrink our What this means is—much like the raised in the District of Columbia. I am 635-million acre Federal footprint and State of Tennessee, it was a Federal sure my colleagues would tear their empower western States to have a territory at the time—this bill would hair out, Republican and Democrat, if voice in determining our land manage- be submitted to the President after the their local budget had to come here. ment policies. House and the Senate had voted for The reason the District has moved to I thank the gentleman from Texas D.C. statehood if the voters answered statehood is that there is no other way for giving me the time to talk about four questions. to achieve equality as American citi- this. What are these questions? zens except as a new State.

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.112 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE H5160 CONGRESSIONAL RECORD — HOUSE September 7, 2016 Today’s effort came as every Member decided several years ago to retire Understand what we mean by that. It of this House is running for office. As I from the Congress—was here, he ap- is the same autonomy that every Mem- thought about what this first bipar- proached me about a bipartisan effort ber here not only cherishes, but insists tisan effort, the first thought that to get a vote, just a vote, in the peo- upon. It is your own money. It has crossed my mind was that D.C. is run- ple’s House. Tom, a Republican, had nothing to do with this House, which ning for statehood. It is going to the been in the Republican leadership. He contributes nothing. The only thing people and saying: We can’t move for- was in the majority. He and I worked the House contributes to the District ward with the effort the Congress- together on what was really an impor- of Columbia is what it contributes to woman has made, or with this effort tant effort. everybody else. It doesn’t give us a through the Tennessee Plan, a short- Utah had just missed getting the thing. Yet if you go out in the streets hand way to get statehood, but one vote. Utah may be the most Republican of the District of Columbia, you should that has been used by other States, un- State in the union, and the reason it be envious of what we have done with less D.C. wants statehood. missed getting the vote was heart- our economy because what you will see So in D.C. that is like second nature. breaking. Its young people fan out is building going on everywhere. People Why would you ask somebody if they every year to other countries as part of are moving into the District, not mov- wanted statehood? their missionary work. In past eras, ing out. We all know the answer, but getting those missionaries had been counted in We know how to support ourselves. an official answer, an answer through a the way they must because they have We have got more than $2 billion in vote, is very different from answer, an to come home after 2 years. surplus funds. How many Members of answer through a vote, is very different For some reason they weren’t count- this House can boast that? So you can from everyone understanding that no- ed, and Utah went all the way to the see how we object to those who dare body would choose to have Congress in Supreme Court of the United States, tell us how to run our city, particu- your local business if you had a choice, but did not prevail. So it was quite a larly as we see this House floundering particularly a Congress which has bipartisan effort. I remember working on the Zika virus, a health emergency, shown for a number of years now that not only with the Utah delegation, but and we still can’t get it done. D.C. it can’t even run itself, much less try with the Governor of the State and doesn’t have that kind of problem. We to have anything to do with running a with the House and the Senate of that can govern ourself without interference District of almost 700,000 American State, who approved that bipartisan ef- by others. The District is particularly to be citizens. fort to achieve a House vote for D.C. So, yes, we do need a strong vote residents and a House vote for Utah. complimented on this longer effort to achieve D.C. statehood. It has been from residents to move forward with b 1930 going on now for the better part of 6 statehood. I am not at all concerned That effort succeeded in the House months. Too often the city and its resi- about that vote. A poll showed that and the Senate at a time when the dents have grown angry when Congress more than three-quarters—that is a Democrats controlled both parties. did something to our city. There was poll that was taken by one of our news- What kept it from fruition is also an arrest led by the former Mayor papers, The Washington Post—support heartbreaking, and that is that there when he was Mayor and members of D.C. statehood. was a rider from the National Rifle As- the council when there was an attach- You can be assured that the District sociation attached that, in essence, ment to our budget after we had gotten is—those who are working as part of said, yes, you can give D.C. a Member every single rider or attachment re- the Tennessee Plan for the necessary of Congress if—if—the District elimi- moved that had been undemocratically vote—are trying to get an even bigger nates all of its gun safety laws. That is attached by this House. People were ar- vote than that. We haven’t had a vote an offer that had to be refused. It was rested. for statehood now for decades. This is a cynical offer. But the problem with that approach an entirely new effort on the part of How can you be in the Nation’s Cap- is not that civil disobedience is not to the City. ital and not have strong gun safety be expected when somebody takes away In fact, the best expression of where laws? Not only do 700,000 of us live rights that every American citizen the residents stand on statehood came here, but the most controversial fig- should have. The problem with it is about 4 years ago when we had our first ures in the world come here. Heads of you can’t wait for the Congress to do official Senate hearing on statehood. state frequent our streets and our res- something really horrendous to you Now, I knew there would be some resi- taurants. They come by in caravans of and then say that we are now in the dents who came. What I did not antici- cars every day. So it was an offer that mode to get our rights. It has to be a pate is that they would come in such had to be refused. sustained effort. What the District is large numbers that, after the standing- But it does show that the District doing now as it tries to use the Ten- room-only room where the hearing was has tried to find incremental ways to nessee Plan to get statehood is part of being held was filled, the Senate would statehood and been rebuffed. Even as I a sustained effort. have to open up other rooms in order speak, there is a new and important ef- Today I called for a yearlong plan to accommodate all the residents. So fort going on; and that is the District after that because I do not suffer the il- they have voted. They have voted with has moved, pursuant to a budget au- lusion that a House that can’t pass a their feet. tonomy referendum, to manage its own Zika virus is going to reach into its What the District wants now and budget without coming to the House of long lost democratic treasure house what Statehood Yes is trying its very Representatives or the Senate. and give the District statehood, but I best to get is an official recognition, an For this referendum, The District do certainly believe that it won’t hap- official voice from the residents of was sued. It lost in the U.S. district pen unless you have the kind of effort whether they want statehood or not. court and went to the court of appeals. that is going on now. What the District And the best way to get that is the way As someone who practiced constitu- is doing in its effort to achieve state- they began today, with bipartisan sup- tional law, I can tell you I had never hood, using the Tennessee Plan with port, with an AOL executive who lives seen what resulted. The U.S. court of the bipartisan effort announced today, in the District chairing the effort to appeals eliminated—the District Court to me, is particularly noteworthy. get that vote. decision, and submitted the issue of the When I come to the House floor, as I D.C. showed up. They showed up in constitutionality and the legality of often do, as I am this evening, to speak record numbers when the question was: budget autonomy to the Superior about statehood, you are within your Do you want to listen to the first offi- Court of the District of Columbia. The rights to say: Says who? My answer to cial hearing in the Senate on D.C. vot- Superior Court of the District of Co- that—when the vote comes in in No- ing rights—sorry—on D.C. statehood? lumbia held that the District’s budget vember, with this question on the bal- I am glad I mentioned D.C. voting autonomy referendum is valid. So, the lot answered by the residents of the rights there because the District didn’t irony is that the only court decision District of Columbia, I will be able to come to statehood easily. When Tom upholds budget autonomy for the Dis- say: Says who? Says the American citi- Davis—Representative Tom Davis, who trict. zens who live in your Nation’s Capital,

VerDate Sep 11 2014 04:27 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K07SE7.116 H07SEPT1 smartinez on DSK3GLQ082PROD with HOUSE September 7, 2016 CONGRESSIONAL RECORD — HOUSE H5161 who also happen to pay the highest ting the Report of the Proceedings of the Ju- H.R. 5946. A bill to amend the Internal Rev- taxes per capita in the United States of dicial Conference of the United States for enue Code of 1986 to exclude from gross in- America; that is who. That is what I the March 2016 session, pursuant to 28 U.S.C. come any prizes or awards won in competi- was will say. 331; June 25, 1948, ch. 646 (as amended by Pub- tion in the Olympic Games or the lic Law 110–177, Sec. 101(b)); (121 Stat. 2534); Paralympic Games; to the Committee on I say to my Republican friends in the to the Committee on the Judiciary. Ways and Means. District of Columbia, you have sent a 6691. A letter from the Secretary, Depart- By Mr. MCDERMOTT (for himself, Mr. worthy signal to this House that bipar- ment of Veterans Affairs, transmitting a let- REICHERT, Mr. DOGGETT, Mr. DANNY tisanship for D.C. statehood begins in ter reporting a violation of the K. DAVIS of Illinois, and Mr. REED): the District of Columbia, and now it Antideficiency Act, in the Medical Support H.R. 5947. A bill to amend the Internal Rev- must be taken up by both parties in the and Compliance account (36–0152), pursuant enue Code of 1986 to include foster care tran- House and Senate as well. to 31 U.S.C. 1351; Public Law 97–258; (96 Stat. sition youth as members of targeted groups 926); to the Committee on Veterans’ Affairs. for purposes of the work opportunity credit; Mr. Speaker, I yield back the balance f to the Committee on Ways and Means. of my time. By Mrs. DAVIS of California (for her- f REPORTS OF COMMITTEES ON self, Mr. HUNTER, Mr. ISSA, Mr. PUBLIC BILLS AND RESOLUTIONS PETERS, and Mr. VARGAS): LEAVE OF ABSENCE Under clause 2 of rule XIII, reports of H.R. 5948. A bill to designate the facility of By unanimous consent, leave of ab- committees were delivered to the Clerk the United States Postal Service located at sence was granted to: 830 Kuhn Drive in Chula Vista, California, as for printing and reference to the proper the ‘‘Jonathan ‘J.D.’ De Guzman Post Office Mr. CLAWSON of Florida (at the re- calendar, as follows: Building’’; to the Committee on Oversight quest of Mr. MCCARTHY) for September Mr. MILLER of Florida: Committee on and Government Reform. 6 and today on account of illness. Veterans’ Affairs. H.R. 5178. A bill to amend By Mr. LANCE (for himself and Mr. f title 38, United States Code, to direct the KINZINGER of Illinois): Secretary of Veterans Affairs to provide edu- H.R. 5949. A bill to prohibit the use of funds ADJOURNMENT cational and vocational counseling for vet- to make payments to Iran relating to the Ms. NORTON. Mr. Speaker, I move erans on campuses of institutions of higher settlement of claims brought before the learning, and for other purposes; with an that the House do now adjourn. Iran-United States Claims Tribunal until amendment (Rept. 114–727). Referred to the Iran has paid certain compensatory damages The motion was agreed to; accord- Committee of the Whole House on the state awarded to United States persons by United ingly (at 7 o’clock and 37 minutes of the Union. States courts; to the Committee on Foreign p.m.), under its previous order, the f Affairs. House adjourned until tomorrow, By Mr. TIPTON: Thursday, September 8, 2016, at 10 a.m. PUBLIC BILLS AND RESOLUTIONS H.R. 5950. A bill to extend the authoriza- for morning-hour debate. Under clause 2 of rule XII, public tion of the Uranium Mill Tailings Radiation Control Act of 1978 relating to the disposal f bills and resolutions of the following titles were introduced and severally re- site in Mesa County, Colorado; to the Com- mittee on Energy and Commerce. EXECUTIVE COMMUNICATIONS, ferred, as follows: ETC. By Mr. LANCE (for himself, Mr. By Mr. YOUNG of Indiana (for himself, WELCH, Mr. LATTA, and Ms. CLARKE Under clause 2 of rule XIV, executive Mr. BLUMENAUER, Mrs. MCMORRIS of New York): communications were taken from the RODGERS, and Mr. CA´ RDENAS): H. Res. 847. A resolution expressing the Speaker’s table and referred as follows: H.R. 5942. A bill to amend title XVIII of the sense of the House of Representatives about Social Security Act to establish a dem- a national strategy for the Internet of 6686. A letter from the Director, Inter- onstration program to provide integrated Things to promote economic growth and con- national Cooperation, Acquisition, Tech- care for Medicare beneficiaries with end- sumer empowerment; to the Committee on nology, and Logistics, Department of De- stage renal disease, and for other purposes; Energy and Commerce. fense, transmitting Transmittal No. 2–16, in- to the Committee on Energy and Commerce, By Mr. MURPHY of Pennsylvania (for forming of an intent to sign the Memo- and in addition to the Committee on Ways himself, Mr. VISCLOSKY, Mr. DENT, randum of Agreement Among the Federal and Means, for a period to be subsequently Mr. MCKINLEY, Mr. BOST, Mr. RYAN of Ministry of Defense of the Federal Republic determined by the Speaker, in each case for Ohio, Ms. KAPTUR, Mr. JONES, Mr. of Germany, the Ministry of Defense of the consideration of such provisions as fall with- JOHNSON of Ohio, Mr. LOEBSACK, Mr. State of Israel, and the Department of De- in the jurisdiction of the committee con- LIPINSKI, Mr. BROOKS of Alabama, fense of the United States of America, pursu- cerned. Mr. CRAWFORD, Mr. TIPTON, Mr. ant to 22 U.S.C. 2767(f); Public Law 90–629, By Mr. DONOVAN (for himself, Mr. REED, Mr. COSTELLO of Pennsylvania, Sec. 27(f) (as amended by Public Law 113–27 6, KATKO, Mr. KING of New York, Miss Mr. NOLAN, Mr. HARPER, Mr. Sec. 208(a)(4)); (128 Stat. 2993); to the Com- RICE of New York, Mr. PAYNE, and PITTENGER, Ms. SEWELL of Alabama, mittee on Foreign Affairs. Mr. MCCAUL): Ms. MCCOLLUM, Mr. BYRNE, Mr. HUD- 6687. A letter from the Assistant Secretary, H.R. 5943. A bill to amend the Imple- SON, Mr. GENE GREEN of Texas, Mr. Legislative Affairs, Department of State, menting Recommendations of the 9/11 Com- CARSON of Indiana, and Mr. transmitting the Department’s report on mission Act of 2007 to clarify certain allow- BARLETTA): progress toward a negotiated solution of the able uses of funds for public transportation H. Res. 848. A resolution calling for the Cyprus question covering the period of April security assistance grants and establish peri- maintenance of effective trade remedies for 1—May 31, 2016, pursuant to Sec. 620C(c) of ods of performance for such grants, and for United States manufacturers and producers the Foreign Assistance Act of 1961, as other purposes; to the Committee on Home- by ensuring that any foreign country des- amended, and in accordance with Sec. 1(a)(6) land Security. ignated as a nonmarket economy country of Executive Order 13313; to the Committee By Mr. UPTON (for himself, Mr. under the Tariff Act of 1930 retain this status on Foreign Affairs. CRAMER, and Mr. HIGGINS): until it demonstrates that it meets all of the 6688. A letter from the Deputy Director, Of- H.R. 5944. A bill to amend title 49, United criteria for treatment as a market economy fice of Presidential Appointments, Depart- States Code, with respect to certain grant set forth in section 771(18)(B) of such Act; to ment of State, transmitting a notification of assurances, and for other purposes; to the the Committee on Ways and Means. a federal vacancy and designation of acting Committee on Transportation and Infra- officer, pursuant to 5 U.S.C. 3349(a); Public structure. f Law 105–277, 151(b); (112 Stat. 2681–614); to the By Mr. BRADY of Texas (for himself, MEMORIALS Committee on Oversight and Government Mr. SAM JOHNSON of Texas, Mr. BOU- Reform. STANY, Mr. TOM PRICE of Georgia, Mr. Under clause 3 of rule XII, memorials 6689. A letter from the Assistant Secretary, SMITH of Nebraska, Mr. REED, Mr. were presented and referred as follows: Legislative Affairs, Department of State, KELLY of Pennsylvania, Mr. HOLDING, 292. The SPEAKER presented a memorial transmitting two notifications of change in Mr. SMITH of Missouri, Mr. RICE of of the Legislature of the State of Arkansas, previously submitted reported information South Carolina, and Mr. ROSKAM): relative to Interim Resolution 2015–007, en- and discontinuation of service in acting role, H.R. 5945. A bill to amend title III of the couraging the United States Congress to pursuant to 5 U.S.C. 3349(a); Public Law 105– Social Security Act to allow States to drug amend the Food Allergen Labeling and Con- 277, 151(b); (112 Stat. 2681–614); to the Com- test applicants for unemployment compensa- sumer Protection Act of 2004, to include mittee on Oversight and Government Re- tion to ensure they are ready to work; to the mammalian meat, dairy, and other products; form. Committee on Ways and Means. to the Committee on Energy and Commerce. 6690. A letter from the Secretary, Judicial By Mr. DOLD (for himself and Mr. 293. Also, a memorial of the Legislature of Conference of the United States, transmit- FARENTHOLD): the State of West Virginia, relative to House

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Concurrent Resolution 36, requesting the dian Tribes; to define and punish Piracies H.R. 2001: Mr. LOUDERMILK and Mr. ROONEY Congress of the United States call a conven- and Felonies committed on the high Seas, of Florida. tion of the states to propose amendments to and offenses committed against the Law of H.R. 2096: Mr. HECK of Nevada. the Constitution of the United States; to the Nations. H.R. 2280: Ms. LEE. Committee on the Judiciary. By Mr. TIPTON: H.R. 2294: Mr. DUNCAN of South Carolina. 294. Also, a memorial of the Manville, Bor- H.R. 5950. H.R. 2429: Mrs. BEATTY. ough Council of New Jersey, relative to Res- Congress has the power to enact this legis- H.R. 2500: Mr. HUNTER and Mr. TIBERI. olution 2016–135, confirming support of H.R. lation pursuant to the following: H.R. 2622: Mr. SENSENBRENNER, Mr. CART- 814 known as the ‘‘Thin Blue Line Act’’ and Article 4 Section 3 Clause 2: The Congress WRIGHT and Mr. POSEY. urging the United States House of Rep- shall have Power to dispose of and make all H.R. 2628: Mr. HILL, Mr. JEFFRIES, Mr. TUR- resentatives and the U.S. Senate to enact needful Rules and Regulations respecting the NER, and Mr. RODNEY DAVIS of Illinois. this legislation; to the Committee on the Ju- Territory or other Property belonging to the H.R. 2641: Mr. GRAYSON. diciary. United States; and nothing in this Constitu- H.R. 2738: Mr. BRENDAN F. BOYLE of Penn- sylvania. f tion shall be so construed as to Prejudice any Claims of the United States, or of any H.R. 2739: Mr. BILIRAKIS, Mr. DELANEY, Mr. CONSTITUTIONAL AUTHORITY particular State. PALAZZO, Mr. CARNEY, Mr. OLSON, Mr. STATEMENT GARAMENDI, Mr. CUMMINGS, Mr. HECK of Ne- f vada, and Mr. PETERS. Pursuant to clause 7 of rule XII of ADDITIONAL SPONSORS H.R. 2844: Mr. AL GREEN of Texas. the Rules of the House of Representa- H.R. 2858: Mr. CLAY and Mr. RUSH. tives, the following statements are sub- Under clause 7 of rule XII, sponsors H.R. 2866: Ms. WASSERMAN SCHULTZ. mitted regarding the specific powers were added to public bills and resolu- H.R. 2895: Mr. COFFMAN. granted to Congress in the Constitu- tions, as follows: H.R. 2902: Mr. CARTWRIGHT, Mr. COSTA, Mr. CARNEY, and Mr. DOLD. tion to enact the accompanying bill or H.R. 140: Mr. LOUDERMILK, Mr. WEBSTER of H.R. 2903: Mr. HIMES. joint resolution. Florida, Mr. DAVIDSON, and Mr. ROUZER. H.R. 3012: Mr. BROOKS of Alabama and Mrs. H.R. 213: Mr. HULTGREN, Mr. DENT, Ms. By Mr. YOUNG of Indiana: BLACK. EDDIE BERNICE JOHNSON of Texas, Mr. POLIS, H.R. 5942. H.R. 3085: Ms. JACKSON LEE. Mr. RIBBLE, Mr. ROTHFUS, Mrs. DAVIS of Cali- Congress has the power to enact this legis- H.R. 3137: Mr. KENNEDY. fornia, Mr. POE of Texas, and Mr. DEUTCH. lation pursuant to the following: H.R. 3180: Ms. MCSALLY. H.R. 249: Mr. KENNEDY. The constitutional authority on which this H.R. 3229: Mrs. ROBY, Mr. KELLY of Mis- H.R. 267: Mr. YOUNG of Iowa. bill rests is the power of Congress to make sissippi, and Ms. STEFANIK. H.R. 333: Mr. GARAMENDI. rules for the government and regulation of H.R. 3235: Mr. NORCROSS. H.R. 335: Mr. GUTIE´ RREZ and Ms. the land and naval forces, as enumerated in H.R. 3255: Mr. YOUNG of Iowa. VELA´ ZQUEZ. Article I, Section 8, Clause 14 of the United H.R. 3397: Mr. PEARCE and Miss RICE of States Constitution. H.R. 381: Mr. TED LIEU of California. New York. H.R. 430: Ms. LOFGREN. By Mr. DONOVAN: H.R. 3406: Mr. ROGERS of Kentucky, Ms. H.R. 449: Mr. PERLMUTTER. H.R. 5943. PLASKETT, Mr. HIGGINS, Ms. ESHOO, Mrs. H.R. 546: Ms. LINDA T. SA´ NCHEZ of Cali- Congress has the power to enact this legis- CAPPS, Ms. ROS-LEHTINEN, and Mr. KATKO. fornia. lation pursuant to the following: H.R. 3410: Mr. BLUMENAUER, Mrs. NAPOLI- H.R. 556: Ms. PINGREE. Article 1, Section 8 of the Constitution of TANO, Ms. KAPTUR, and Mr. CA´ RDENAS. H.R. 563: Mr. ISRAEL. the United States. H.R. 3438: Mr. SESSIONS, Mr. RATCLIFFE, H.R. 605: Mr. ISRAEL. By Mr. UPTON: Mr. SMITH of Texas, Mr. COLLINS of Georgia, H.R. 612: Mr. MOONEY of West Virginia. H.R. 5944. Mr. SENSENBRENNER, Mr. ISSA, and Mr. H.R. 670: Mr. DONOVAN and Mr. SMITH of Congress has the power to enact this legis- TROTT. New Jersey. lation pursuant to the following: H.R. 3516: Mr. CRAWFORD. H.R. 836: Mr. HILL. Article 1, Section 8, Clause 18: The Con- H.R. 3535: Ms. JACKSON LEE. IMES gress shall have Power To . . . make all H.R. 902: Mr. H . H.R. 3589: Mr. ROGERS of Alabama. Laws which shall be necessary and proper for H.R. 918: Mr. RATCLIFFE. H.R. 3613: Ms. JACKSON LEE. carrying into Execution the foregoing Pow- H.R. 954: Mr. DOLD. H.R. 3706: Mr. COLE, Mr. PASCRELL, Mr. ers, and all other Powers vested by this Con- H.R. 971: Mr. FITZPATRICK. ZELDIN, Ms. ROYBAL-ALLARD, Mrs. COMSTOCK, stitution in the Government of the United H.R. 1013: Ms. LOFGREN. Ms. LINDA T. SA´ NCHEZ of California, Mr. VIS- States, or in any Department or Officer H.R. 1095: Ms. JACKSON LEE, Mr. CUMMINGS, CLOSKY, and Mr. DELANEY. thereof. Ms. BASS, Mr. GRAYSON, Mr. PASCRELL, Mr. H.R. 3815: Mr. BRENDAN F. BOYLE of Penn- By Mr. BRADY of Texas: ENGEL, and Mr. POCAN. sylvania. H.R. 5945. H.R. 1116: Mr. DANNY K. DAVIS of Illinois. H.R. 3822: Mr. THORNBERRY. Congress has the power to enact this legis- H.R. 1192: Ms. ROYBAL-ALLARD, Mr. GRAVES H.R. 3861: Mr. ROSS and Mr. BLUMENAUER. lation pursuant to the following: of Louisiana, Mr. BRENDAN F. BOYLE of Penn- H.R. 3926: Ms. TITUS. Article I, Section 8, Clause 1 of the United sylvania, Mr. CARTER of Texas, Ms. MICHELLE H.R. 3991: Mr. RUSH, Ms. CASTOR of Florida, States Constitution, to ‘‘provide for the com- LUJAN GRISHAM of New Mexico, Mr. BYRNE, Ms. LOFGREN, and Mr. JOLLY. mon Defence and general Welfare of the and Mr. TED LIEU of California. H.R. 4027: Mrs. NAPOLITANO. United States.’’ H.R. 1220: Mr. RICHMOND and Mr. H.R. 4043: Mr. RANGEL and Ms. LOFGREN. By Mr. DOLD: WESTERMAN. H.R. 4073: Mr. TED LIEU of California, Mr. H.R. 5946. H.R. 1233: Mr. PERRY. HIMES, and Mr. RENACCI. Congress has the power to enact this legis- H.R. 1258: Mr. BECERRA. H.R. 4204: Mr. LOBIONDO. lation pursuant to the following: H.R. 1284: Mr. SMITH of Washington, Ms. H.R. 4298: Mr. REICHERT and Mr. JONES. Article I, Section 8, Clause 1. LINDA T. SA´ NCHEZ of California, and Mrs. H.R. 4320: Mr. SWALWELL of California. By Mr. MCDERMOTT: DAVIS of California. H.R. 4374: Mr. SWALWELL of California. H.R. 5947. H.R. 1427: Mr. BROOKS of Alabama and Mrs. H.R. 4378: Ms. JACKSON LEE. Congress has the power to enact this legis- ROBY. H.R. 4381: Mr. RATCLIFFE. lation pursuant to the following: H.R. 1453: Mr. GARAMENDI H.R. 4456: Mr. SESSIONS, Mr. MOONEY of Clause 1 of Section 8 of Article 1 of the H.R. 1532: Mr. REED. West Virginia, and Mr. STIVERS. United States Constitution H.R. 1545: Mr. COSTA. H.R. 4481: Mr. HONDA and Ms. JENKINS of By Mrs. DAVIS of California: H.R. 1559: Mr. ALLEN. Kansas. H.R. 5948. H.R. 1595: Mr. MURPHY of Florida and Mr. H.R. 4485: Mr. ROUZER and Mr. RIBBLE. Congress has the power to enact this legis- CURBELO of Florida. H.R. 4514: Mr. SESSIONS and Mr. HARPER. lation pursuant to the following: H.R. 1598: Ms. ADAMS. H.R. 4525: Ms. JACKSON LEE. This bill is enacted pursuant to the power H.R. 1643: Mr. ROSS. H.R. 4558: Mr. ISRAEL and Ms. KAPTUR. granted to Congress under Article 1, Section H.R. 1707: Ms. MICHELLE LUJAN GRISHAM of H.R. 4559: Mr. HILL and Mr. LAMBORN. 8 of the United States Constitution. New Mexico. H.R. 4564: Mr. BEYER. By Mr. LANCE: H.R. 1763: Ms. MCCOLLUM and Ms. ROS- H.R. 4567: Mr. MEEHAN and Mr. ENGEL. H.R. 5949. LEHTINEN. H.R. 4611: Mr. CARSON of Indiana, Mr. Congress has the power to enact this legis- H.R. 1779: Mr. RUSH. MCGOVERN, and Mr. SERRANO. lation pursuant to the following: H.R. 1859: Mr. BROOKS of Alabama. H.R. 4632: Mr. PERLMUTTER and Mr. EMMER Article 1 Sec. 8, Clause 3 and Clause 10: The H.R. 1904: Ms. JACKSON LEE. of Minnesota. Congress shall have the power . . . to regu- H.R. 1905: Ms. JACKSON LEE. H.R. 4665: Mr. MEEHAN and Mr. POCAN. late Commerce with foreign Nations, and H.R. 1911: Mr. REED. H.R. 4671: Mr. LAMALFA and Mr. among the several States, and with the In- H.R. 1966: Mr. GRAYSON. PITTENGER.

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H.R. 4715: Mr. NOLAN. LIEU of California, Mr. JOYCE, Mr. HARPER, H. Con. Res. 33: Mr. WITTMAN and Mr. H.R. 4740: Mr. MCGOVERN. Mrs. BEATTY, Mr. DONOVAN, Mr. KELLY of MULVANEY. H.R. 4773: Mr. SCALISE. Pennsylvania, Mr. FARENTHOLD, Ms. H. Con. Res. 114: Mr. NUNES and Mr. ROO- H.R. 4784: Mr. DOLD. MCSALLY, Mr. BARR, Mr. LOEBSACK, Mr. CUM- NEY of Florida. H.R. 4842: Ms. TITUS. MINGS, Ms. NORTON, Mr. MEEHAN, Mrs. H. Con. Res. 140: Mr. RICE of South Caro- H.R. 4907: Mr. COFFMAN and Mr. LANGEVIN. BLACK, Mr. CLAY, Ms. MICHELLE LUJAN GRIS- lina, Mr. SHIMKUS, and Mr. MARINO. H.R. 4919: Mr. PETERS. HAM of New Mexico, Mr. LANCE, Mr. H. Res. 12: Mr. BILIRAKIS. H.R. 4927: Mr. POCAN, Mr. CICILLINE, Mrs. CUELLAR, Mrs. COMSTOCK, Mr. COHEN, Ms. H. Res. 130: Mr. COFFMAN. BEATTY, and Mrs. DINGELL. HERRERA BEUTLER, Mr. ROGERS of Alabama, H. Res. 290: Mr. CONYERS. H.R. 5015: Mrs. COMSTOCK, Mr. KNIGHT, Mrs. and Ms. WASSERMAN SCHULTZ. H. Res. 352: Ms. LOFGREN. BLACK, Mr. RATCLIFFE, Mr. BISHOP of Utah, H.R. 5513: Mr. YOUNG of Iowa. H. Res. 590: Ms. PINGREE, Mr. NUGENT, Mr. and Mr. POMPEO. H.R. 5531: Mr. CUELLAR. SEAN PATRICK MALONEY of New York, Mr. H.R. 5093: Mr. SESSIONS. H.R. 5532: Mr. KEATING. H.R. 5115: Mr. SESSIONS. H.R. 5537: Mr. KILMER. SIMPSON, Mr. HANNA, Mr. LANCE, Mr. YAR- H.R. 5116: Mr. SESSIONS. H.R. 5555: Mr. RANGEL. MUTH, and Mr. RIBBLE. H.R. 5136: Mr. SESSIONS. H.R. 5571: Mr. SWALWELL of California, Ms. H. Res. 617: Mr. BOUSTANY and Mrs. H.R. 5141: Mr. CRAMER. SLAUGHTER, Mr. CICILLINE, Ms. BONAMICI, Ms. WALORSKI. H.R. 5167: Mr. RANGEL. JUDY CHU of California, and Mr. MCGOVERN. H. Res. 647: Mr. BARR. H.R. 5204: Mr. PERLMUTTER. H.R. 5584: Mr. CURBELO of Florida, Ms. LEE, H. Res. 652: Mr. LARSEN of Washington. H.R. 5205: Mr. LOWENTHAL and Mr. BLU- Mr. CONNOLLY, Mrs. RADEWAGEN, Ms. LOF- H. Res. 660: Mr. RUSH and Mr. SMITH of New MENAUER. GREN, Ms. MCSALLY, Ms. KAPTUR, Ms. ESHOO, Jersey. H.R. 5213: Mr. ASHFORD. and Mr. FITZPATRICK. H. Res. 683: Ms. LOFGREN. H.R. 5226: Mr. SESSIONS. H.R. 5587: Mr. PETERS, and Mr. DAVID H. Res. 686: Mr. CUMMINGS. H.R. 5256: Mrs. TORRES, Mr. RICHMOND, Mr. SCOTT of Georgia. H. Res. 766: Mr. SWALWELL of California. H.R. 5620: Mrs. ROBY, Mr. YOUNG of Iowa, LANGEVIN, and Mr. TONKO. H. Res. 773: Mr. BLUMENAUER, Ms. LOFGREN, H.R. 5272: Mr. CARSON of Indiana, Mr. Mr. COLLINS of New York, and Mr. CHAFFETZ. Ms. LEE, Ms. TITUS, Mr. MCGOVERN, Mr. TED WELCH, Mr. GRIJALVA, Miss RICE of New H.R. 5630: Mr. COOPER and Mr. CARTWRIGHT. LIEU of California, and Mr. SCHIFF. York, Mr. GUTIE´ RREZ, Mr. MOULTON, Mr. TED H.R. 5646: Mr. SCHWEIKERT and Mr. H. Res. 782: Mr. COFFMAN and Mr. YOUNG of LAMALFA. LIEU of California, and Mrs. NAPOLITANO. Iowa. H.R. 5292: Mr. HIMES. H.R. 5650: Ms. DELBENE and Mr. SCHIFF. H. Res. 792: Mrs. LOWEY. H.R. 5313: Ms. NORTON, Mr. MCGOVERN, Ms. H.R. 5668: Mr. SMITH of Texas, Mr. BROOKS H. Res. 810: Mr. SEAN PATRICK MALONEY of MCCOLLUM, and Mr. BEN RAY LUJA´ N of New of Alabama, Mr. ABRAHAM, Mr. BISHOP of Mexico. Utah, Mr. BYRNE, and Mr. RATCLIFFE. New York. H.R. 5343: Mrs. MILLER of Michigan. H.R. 5683: Mr. CRAMER, Mr. OLSON, and Mr. H. Res. 811: Mr. MEEHAN and Mr. GIBSON. H.R. 5351: Mr. HUIZENGA of Michigan, Mr. RUSH. H. Res. 831: Mr. PETERSON, Mr. KLINE, Mr. KINZINGER of Illinois, Mr. WENSTRUP, Mr. H.R. 5685: Mr. POMPEO and Mr. LONG. POCAN, and Mr. EMMER of Minnesota. H.R. 5691: Mr. MCGOVERN. LATTA, Mr. KELLY of Mississippi, Mrs. H.R. 5708: Mr. SMITH of New Jersey. BROOKS of Indiana, Mr. YOHO, Mr. ROTHFUS, f H.R. 5730: Ms. MCSALLY. Ms. JENKINS of Kansas, Mr. SAM JOHNSON of H.R. 5732: Mr. DOLD. Texas, Mr. BISHOP of Michigan, Mr. GRAVES H.R. 5734: Mrs. COMSTOCK, Mr. SHUSTER, PETITIONS, ETC. of Missouri, Mr. WALKER, Mr. ROKITA, Mr. and Mrs. ROBY. AUSTIN SCOTT of Georgia, Mrs. BLACKBURN, H.R. 5755: Ms. MCSALLY and Mr. RODNEY Under clause 3 of rule XII, petitions and Mr. WITTMAN. DAVIS of Illinois. and papers were laid on the clerk’s H.R. 5386: Mr. HUFFMAN. H.R. 5756: Mr. CICILLINE. desk and referred as follows: H.R. 5396: Ms. SLAUGHTER. H.R. 5796: Ms. JACKSON LEE. 84. The SPEAKER presented a petition of H.R. 5415: Ms. MCSALLY. H.R. 5817: Mr. CARNEY, Mr. FARR, Mr. GRI- the City of Miami Beach, Florida, relative to H.R. 5418: Mr. BRAT, Mr. HILL, Mr. FLORES, JALVA, Mr. HASTINGS, Mr. HUFFMAN, Ms. LEE, Resolution No. 2016–29483, urging the United Mrs. BLACKBURN, Mr. BRADY of Texas, and Ms. NORTON, and Mr. PALLONE. States Food and Drug Administration to re- Mr. POSEY. H.R. 5836: Mr. PEARCE. peal its prohibition on men who have had sex H.R. 5433: Mr. GOSAR. H.R. 5867: Mrs. BROOKS of Indiana. H.R. 5462: Mrs. NAPOLITANO. H.R. 5883: Mr. DESJARLAIS and Mr. BARR. with men within the past 12 months from do- H.R. 5474: Ms. SLAUGHTER, Mr. CLEAVER, H.R. 5904: Mr. ROUZER. nating blood; to the Committee on Energy Mr. RUSH, and Mr. MICHAEL F. DOYLE of H.R. 5931: Mr. SALMON, Mr. BARR, Mr. and Commerce. Pennsylvania. EMMER of Minnesota, Mr. ABRAHAM, Mr. 85. Also, a petition of the Borough Council H.R. 5482: Ms. MOORE. GARRETT, Mr. MARINO, and Mr. GIBSON. of Sound Bound Brook, New Jersey, relative H.R. 5489: Mr. THOMPSON of Pennsylvania. H.R. 5940: Ms. ROS-LEHTINEN. to Supporting the H.R. 814 known as the H.R. 5499: Mr. YOUNG of Iowa and Mr. H.J. Res. 2: Ms. HERRERA BEUTLER. ‘‘Thin Blue Line Act’’ and urging the United ROKITA. H.J. Res. 48: Ms. JUDY CHU of California. States House of Representatives and the U.S. H.R. 5506: Mr. PETERSON, Mr. HASTINGS, Mr. H.J. Res. 95: Mr. BARR and Mrs. BLACK- Senate to enact this legislation; to the Com- HECK of Washington, Mr. COFFMAN, Mr. TED BURN. mittee on the Judiciary.

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Vol. 162 WASHINGTON, WEDNESDAY, SEPTEMBER 7, 2016 No. 134 Senate The Senate met at 10 a.m. and was The senior assistant legislative clerk quito-borne cases. Yet, instead of act- called to order by the President pro read as follows: ing with urgency to approve funding to tempore (Mr. HATCH). A bill (H.R. 3231), to amend title 5, United combat Zika, Democrats have chosen f States Code, to protect unpaid interns in the once again to filibuster it. Federal Government from workplace harass- In case colleagues across the aisle PRAYER ment and discrimination, and for other pur- have missed this, too, here is the latest The Chaplain, Dr. Barry C. Black, of- poses. on the global changes facing us: North fered the following prayer: Mr. MCCONNELL. In order to place Korea continues to show signs of ag- Let us pray. the bill on the calendar under the pro- gression with its recent tests of an- God, our guide, we know not what a visions of rule XIV, I object to further other missile. Iran continues to pro- day may bring. We are grateful for the proceedings. voke our ships in the Persian Gulf—ac- knowledge that You guide our steps The PRESIDING OFFICER. Objec- tions the commander of the U.S. Cen- and direct our paths. tion having been heard, the bill will be tral Command called ‘‘very con- As our lawmakers face the challenges placed on the calendar. cerning.’’ ISIL continues to inspire and of their work, give them the wisdom to f call for terror attacks around the know and do Your will. Open their globe, from a wedding in Turkey, to a WRDA minds and hearts to the movement of church in France, to a nightclub in Or- Your providence, providing them grace Mr. MCCONNELL. Mr. President, last lando. Yet, instead of acting with ur- for every exigency, disappointment or night I took action to move to the 2016 gency to approve funding to confront fulfillment, sorrow or joy. Lord, guide Water Resources Development Act, an these threats, Senate Democrats have our lawmakers that they may be just important authorization bill sup- chosen once again to filibuster the De- in purpose, wise in counsel, and unwav- porting our Nation’s waterways. Chair- fense bill as well. ering in duty. May they uphold the man INHOFE has worked across the It really makes you scratch your honor of our Nation and secure the pro- aisle with Ranking Member BOXER to head when the Democratic leader tection of our people. craft this bipartisan bill, and I hope we boasts how he has led such a coopera- We pray in Your great Name. Amen. can reach an agreement to pass it very tive minority. In what sense? Demo- f soon. crats have used the filibuster to blow f up a bipartisan appropriations process PLEDGE OF ALLEGIANCE for 2 years in a row now—2 years in a ZIKA VIRUS, VETERANS, AND The President pro tempore led the row. That is not my definition of a co- DEFENSE FUNDING Pledge of Allegiance, as follows: operative minority. They have bragged I pledge allegiance to the Flag of the Mr. MCCONNELL. Now on another openly about their filibuster summer United States of America, and to the Repub- matter entirely, last night Senate strategy. They have filibustered to pro- lic for which it stands, one nation under God, Democrats blocked critical funding for tect executive overreach that even fel- indivisible, with liberty and justice for all. veterans, for pregnant mothers and ba- low Democrats claimed to oppose. They f bies, and for servicemembers. It is not have even filibustered legislation de- the first time or even the second time signed to help victims of modern-day RECOGNITION OF THE MAJORITY they have put partisan politics ahead slavery, if you can believe that. Once LEADER of the health and safety of the Amer- again, they are filibustering to block The PRESIDING OFFICER (Mr. COT- ican people; it is now the third time. funding for Zika control, for veterans, TON). The majority leader is recog- Why Democrats would filibuster crit- and for our men and women in uniform. nized. ical funding for Zika control at a time We hear the Democratic leader say f when cases are growing is really inex- he wants his party to do away with the plicable. Why Democrats would fili- filibuster altogether if Democrats win MEASURE PLACED ON THE buster critical funding for defense at a back control of the Senate. If he is so CALENDAR—H.R. 3231 time when threats are growing is abso- concerned about this abuse, maybe he Mr. MCCONNELL. Mr. President, I lutely inexcusable. should stop abusing it himself. Stop understand there is a bill at the desk In case colleagues across the aisle filibustering critical resources for due a second reading. have missed it, here is the latest on the Zika. Stop filibustering help for vet- The PRESIDING OFFICER. The spread of Zika: There are now more erans. Stop filibustering the funding clerk will read the bill by title for the than 2,700 cases in our country. More for our men and women in uniform be- second time. than 30 of those are likely local mos- cause they count on us.

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

S5301

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VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.000 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5302 CONGRESSIONAL RECORD — SENATE September 7, 2016 RESERVATION OF LEADER TIME this bill loaded with poison pills. We I look forward to what is going to hap- The PRESIDING OFFICER. Under had just passed the bill that I told you pen at that meeting of the Judiciary the previous order, the leadership time went over there—straight funding for tomorrow. is reserved. research and taking care of the prob- OBAMACARE lems with Zika. That was it. It was In this morning’s Wall Street Jour- f very simple. Even though the Repub- nal—a paper not ever confused with WATER RESOURCES DEVELOP- licans voted—89 votes—with us a few being liberal or pro-Obama—there is MENT ACT OF 2016—MOTION TO weeks before that, they suddenly de- stunning news—very positive news— PROCEED cided: Well, we will go along with fly- about the number of Americans who The PRESIDING OFFICER. Under ing the Confederate flag, cutting now have health insurance. According the previous order, the Senate will re- ObamaCare, and destroying Planned to the Centers for Disease Control, our sume consideration of the motion to Parenthood. So how can he with a Nation’s uninsured rate stands at 8.5 proceed to S. 2848, which the clerk will straight face talk about our having percent. From where it was before, report. hurt Zika? that is stunning. Because of The senior assistant legislative clerk Zika is a very dangerous virus. We ObamaCare, almost 92 percent of Amer- read as follows: are learning more about it every day. icans now have health insurance—92 Motion to proceed to Calendar No. 523, S. One of America’s prominent scientists percent of Americans. People no longer 2848, a bill to provide for the conservation today said that now Zika affects every- have to worry if they have a child with and development of water and related re- body. The virus goes in people’s eyes diabetes or someone has been in an ac- sources, to authorize the Secretary of the and leads to vision impairment and cident or you are a woman—you can Army to construct various projects for im- blindness. It is not just women of child- now get insurance. Insurance compa- provements to rivers and harbors of the bearing age; it is going to affect a lot nies don’t control what goes on. United States, and for other purposes. of people. I remind my Republican colleagues, The PRESIDING OFFICER. The as- Please, please, Mr. Republican Lead- who love to come down here and berate sistant Democratic leader. er, don’t talk about this anymore. It ObamaCare, could ObamaCare be bet- Mr. DURBIN. Mr. President, I am takes away from your dignity. ter? It could be a lot better if we had 5 going to—I believe I have an oppor- Yesterday I objected to committees percent help from the Republicans, 2 tunity to speak on the floor now on the meeting to bring attention to the fact percent, 1 percent, but they have done pending measure as in morning busi- that the Senate Republicans refuse to nothing to help the health care deliv- ness, but I am going to yield as soon as hold a hearing on Chief Judge Merrick ery system in this country. In fact, the Democratic leader comes back, Garland, this man who should go to the they have done things to hurt it. Some which I expect to be momentarily, and Supreme Court. As said by a senior 70 times they voted to defund I would ask unanimous consent to then member of the Republican caucus, ObamaCare and do away with it. It reclaim the floor. He has just arrived. I ORRIN HATCH of Utah, he was a con- wasn’t long ago that we talked about am going to yield to the Democratic sensus nominee, but they refuse to how many millions of people had no leader for his leadership time. allow this man to go on the Supreme health insurance. That is no longer an RECOGNITION OF THE MINORITY LEADER Court. They want to save that Supreme argument. It has been 6 years and the The PRESIDING OFFICER. The Court nomination for Donald Trump. Affordable Care Act has cut the num- Democratic leader is recognized. Donald Trump picking who goes on the ber of uninsured Americans signifi- Mr. REID. Mr. President, I appreciate Supreme Court—a man who believes in cantly. The Nation saw the sharpest very much my friend the assistant waterboarding. He said that decline in the number of uninsured peo- leader for always looking out for me, waterboarding isn’t enough torture; we ple in 2014 when the ObamaCare cov- as he has for 34 years. I appreciate it need to do more than just erage provisions kicked in. This is no very much. We came together here 34 waterboarding. That is just one of the coincidence. While the Republicans years ago, to Congress, and I appre- little snippets from this man. have been making much about the pre- ciate all he has done over the years and This morning, a number of Senators mium increases, the fact is, the vast especially his friendship. are going to go to the Supreme Court majority of Americans are protected by ZIKA VIRUS FUNDING AND JUDICIAL steps with former clerks of Judge Gar- ObamaCare provisions that safeguard NOMINATIONS land, and we are going to hear positive against these huge tax rates and tax Mr. President, quickly, it is hard for statements about Merrick Garland, as increases. me to understand how my friend the if we need more. We have plenty. This These are the facts. All across Amer- Republican leader can stand here and is a good man. ica our constituents are getting the talk about Zika. Let’s just look back I am glad to see that the Republican health coverage they were promised at what happened. We passed here, with leader is talking about some movement when Congress passed the Affordable 89 votes, a compromise Zika funding on Zika. Maybe we have a path forward Care Act. I repeat: It could be made bill. Democrats and the President on that. We are going to continue to better if a few Republicans would break wanted more money. We agreed to $1.1 take steps to keep attention on this away from the Trump mentality and billion. It flew out of here and went to important nomination and on Zika and try to help us. It is time for Repub- the House. The House decided they other things. licans to stop denying the evidence. wanted to do a few things. They wanted The Republicans simply aren’t doing ObamaCare has worked and it is work- to restrict funding for birth control their job. You have seen these charts ing. provided by Planned Parenthood. Re- we have, and we will continue to show NOMINATION OF MERRICK GARLAND AND THE member, 2 million women visited them. It is very simple: Do your job. JUDICIARY COMMITTEE CHAIRMAN Planned Parenthood last year. With all And the Republicans simply are refus- Mr. President, after 7 weeks, we are the problems with Zika now, there are ing to do their job. finally back working. We finally re- a lot more who are going to be showing In the meantime, I want to find other turned from a historically long and un- up at Planned Parenthood. That legis- ways to focus attention on what they precedented long, long, long summer lation exempts pesticide spraying from are not doing to help Chief Judge Gar- vacation. About 2 months were wasted the Clean Water Act. It cuts veterans land. My friend the assistant Demo- by Republicans who could have been funding by $500 million—half a billion cratic leader is going to attend a meet- doing their jobs. We would have been dollars. That money was being used to ing—which he does whenever they have happy to join with them in getting speed up the process in the veterans’ one, with rare exception—of the Judici- things done on the Senate floor and in claims. It cuts Ebola funding by $107 ary Committee. He loves that com- our committees. If Republicans were million. Yet it rescinds $543 million of mittee. He is the ranking member and serious about their constitutional du- ObamaCare money. It strikes a prohibi- was chair of the Constitution Sub- ties, they would have spent some time tion on displaying the Confederate flag. committee. Tomorrow, it is my under- giving Chief Judge Merrick Garland So, in effect, the Republicans in the standing that we are going to try to do the hearing he deserves. He deserves to House decided they would send back a markup of some district court judges. have a hearing.

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.002 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5303 Why are they afraid to give him a the tax collector, and Senator GRASS- Reagan for a little bit, and I didn’t hearing? They are afraid to give him a LEY worked with both Senator Pryor agree with everything he did, but I ad- hearing because if they did, this good and me. That is the way GRASSLEY mired him as a person. I thought he man’s credibility, competence, experi- used to be—independent. I could not had a good administration. I thought ence, and just the simple fact that he is have imagined—but I have to accept what he did in bringing the Cold War to such a nice man would be over- it—that he would refuse to do his job an end and swallowing a little bit of whelming. They don’t want to do that. by blocking a vote on Garland’s nomi- pride, which you have to do sometimes The American people would know they nation, but that is precisely what the in order to do important things—he are trying to hold up somebody who chairman of the Judiciary Committee met with Communist leaders on more should be on the Supreme Court. has done. He has blocked his nomina- than one occasion. He, more than any- The American Bar Association said tion. He was nominated 175 days ago. one else, brought the Cold War to a he was unanimously ‘‘well-qualified.’’ For 175 days, this senior Senator from close. He didn’t have an unblemished They can’t give a higher rating. If they Iowa has refused to lift a finger in con- record. There was the commerce fiasco could, they would. Senator HATCH said sideration for this nominee. which had a lot of problems, but he was there is ‘‘no question’’ he could be con- The Senator I knew would not cede a good person. firmed and that he would be a ‘‘con- the independence of this very good With all due respect to the Senator sensus nominee,’’ but Senate Repub- committee—famous committee. It has from Iowa, I know President Reagan licans will not even give this good man been around forever in the Senate. I and I worked with him and, as I indi- a hearing. It is nothing short of being could never have imagined what he has cated, had a few differences with him, shameful. done. Since he became chairman, we but I can say unequivocally that Don- As a USA TODAY editorial last have seen the independence and pres- ald Trump is no Ronald Reagan. That month said, ‘‘Flat-out ignoring a va- tige of the Judiciary Committee ma- is the most significant understatement cancy on the nation’s highest court, nipulated by Senator GRASSLEY’s boss, I have made on this floor in a long which Senate Republicans have vowed the Republican leader, for narrow, par- time. The fact that my colleague from to do while President Obama remains tisan warfare. Iowa would lump Ronald Reagan in in office, is an abrogation of its con- We all know where the Republican with an egomaniac—a selfish person stitutional duty.’’ leader stands on President Obama’s Su- like Donald Trump—should scare the The people we represent across this preme Court nominee. Long ago, Sen- people of Iowa. This is not the GRASS- great country cannot believe their rep- ator MCCONNELL decided to abandon LEY we have come to know all these resentatives have put partisan inter- any degree of bipartisanship or deco- many years. Instead of spending his ests above their constitutional duties. rum just to spite President Obama. We days as Trump’s fan, the Judiciary They cannot believe the chairman of heard that within hours of Scalia hav- chairman should perform his constitu- the Judiciary Committee has gone ing passed away. The Republican leader tional duty and give President Obama’s along with this scam, and that is what admitted as much last month when he Supreme Court nominee due consider- it is. told a gathering in Kentucky, ‘‘One of ation. That is the job the people of Over this recess, the Des Moines Reg- my proudest moments was when I ister, Iowa’s largest newspaper, pub- Iowa elected him to do, and it is simple looked at Barack Obama in the eye and common decency and fairness. lished another letter to the editor. I said: ‘Mr. President, you will not fill Senator GRASSLEY should do his job There have been lots of editorials. Here this Supreme Court vacancy.’ ’’ is what one Iowan said: Isn’t that something to be proud of? and give Merrick Garland a hearing I am a 60-year-old registered Republican One of the Republican leader’s proudest and a vote, and it should be now. Don’t and this year I am not voting for Chuck moments was the time he abandoned make another Iowan question: Where is Grassley. Senator, you have tossed 225 legal his constitutional duty and failed to do the Senator I first voted for 40 years years of tradition in the trash heap and have the job he was elected to do. Repub- ago? made this country weaker. . . . I yield the floor. I think the people of Iowa are not served licans’ proudest moments are not ac- by waiting over a year for a judicial hearing. complishments, they are obstruction. The PRESIDING OFFICER. The as- Where is the senator I first voted for 40 years What a shame that he is putting Sen- sistant Democratic leader. ago? ator MCCONNELL’s political vendetta ZIKA VIRUS FUNDING I have been in Congress for 34 years, against President Obama over the will Mr. DURBIN. Mr. President, I lis- and this is something that is a familiar of the people of Iowa and the other 49 tened carefully to the statement made refrain that we hear from people all States. It is disappointing that Senator by the Republican leader, Senator over Iowa, and that’s how I feel. Where GRASSLEY is going along with this ob- MCCONNELL, about the Zika crisis we is the Senator I first started serving struction. Where is the Senator I have face. I would like to give the Members with in the Congress those many dec- known for such a long time? of the Senate and those who are fol- ades ago? I am not mad at Senator GRASSLEY. I lowing this debate an update of what I admit, as I consider all of the un- remember who he used to be—what he occurred in the United States of Amer- precedented obstruction of Merrick used to be—and that is going to over- ica between the time we adjourned and Garland’s nomination, I am again come any animosity I have toward Sen- now returned to this session of the U.S. forced to ask: Where is the CHUCK ator GRASSLEY. My only concern is Senate. GRASSLEY I have come to know over that I think the great record of this the last three and a half decades? I man from Iowa is being tarnished— The last time I came to the floor to can’t imagine this man who we always some say beyond repair. His legacy is speak in July to talk about Zika, there thought was an independent person going to be damaged, and we have seen were 3,667 people in the United States would refuse do his job on the Judici- that in editorials out of Iowa as well as and U.S. territories who had Zika in- ary Committee. As chairman, he failed letters to the editor out of Iowa—lots fections. Included in that number, 599 to schedule a hearing on this qualified of them. pregnant women. As of late last week, nominee. Donald Trump is the American night- that number has skyrocketed. There The first speech I gave on this floor mare. He is the most unqualified major are now 17,000 people infected with those many years ago was talking party Presidential candidate anyone Zika in the United States and its terri- about the Taxpayer Bill of Rights. The can remember. He is a bigot and a scam tories. That is a fourfold increase over Presiding Officer was the Senator from artist. He will not show us his tax re- the 7 weeks since we left for recess. It Arkansas, David Pryor. Senator GRASS- turns, and Senator GRASSLEY is hold- included 1,595 pregnant women. LEY heard my speech. He agreed to help ing the Supreme Court vacancy for this I say to the Republican majority: me. With the help of Senator GRASSLEY man. You have been warned by the Presi- and Senator Pryor, we got that passed Just last week, the chairman of the dent, by public health experts, and oth- my first year in the Senate. It was committee even compared Donald ers that your failure to respond to the really quite a big victory. We put the Trump—listen to this one—to Ronald President’s request for resources would taxpayer on more equal footing with Reagan. Wow. I served with Ronald endanger people living in the United

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.004 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5304 CONGRESSIONAL RECORD — SENATE September 7, 2016 States and its territories and espe- like Planned Parenthood were on the there would be parts of America that cially pregnant women. Yet the Repub- frontlines of giving women who faced a we would be advising Americans not to lican leadership has refused the Presi- pregnancy the opportunity to delay visit because of the danger of this pub- dent’s efforts to provide the resources that pregnancy so they wouldn’t be in- lic health crisis? Certainly, if they did, necessary to fight this deadly Zika fected and give birth to a child with se- they would have paid closer attention virus. rious problems. to the President’s request. The numbers are devastating but not Did they stop there? No. The House During the past 6 months, we have surprising. It was last February—7 Republicans had more. They threw in discovered new and worse information months ago—when the President asked provisions to undermine the Environ- about Zika. Here is what we know. Congress for $1.9 billion in emergency mental Protection Agency on key pro- Zika can be spread through sexual funding so public health experts would visions of the Clean Water Act. Then transmission. We also know women have the resources they needed to fight they added provisions to cut Affordable with Zika in their first trimester face a Zika. Here we are almost 7 months Care Act funds to reduce the oppor- 13-percent chance that their baby will later—200 days later—and Congress tunity in Puerto Rico, which is ground be born with microcephaly. And even if still has refused to provide the re- zero in our territories, to fight the pregnant women don’t show any signs sources necessary to protect American Zika virus. Essentially, the Repub- of infection, the baby can be born with families from this virus. This is a dis- licans are putting red meat for the serious physical and neurological dis- grace. It is an outrage. right wing of their party ahead of pro- orders. Researchers are also examining Our Federal health agencies, includ- tecting the people living in America the links to other negative health out- ing the Centers for Disease Control and and our territories—and especially comes: Eye infections that can lead to Prevention, have been doing every- pregnant women—from this public blindness, autoimmune disorders that thing they can to move money around health threat. can cause paralysis. And what about within their agencies to try to make do It is no surprise that this the impact of maternal stress on the in this fight against Zika. They are out hyperpartisan bill coming out of the baby? I can’t imagine the anxiety that of options. House went nowhere. pregnant women must feel right now, Last week, Dr. Frieden, Director of Now, Senator MCCONNELL comes to especially in Florida, and as a result of the CDC, said: the floor and blames the Democrats— the looming crises in Texas, Louisiana, The cupboard is bare. Basically, we are out blames the Democrats—after the Re- and certainly in Puerto Rico. If you of money, and we need Congress to act to publicans put in the provision to block call yourself a pro-life Congressman or allow us to respond effectively. funding for family planning at Planned Senator, wouldn’t you want to do ev- Dr. Frieden came to see me before Parenthood. erything in your power to protect these the recess. In my office, he said he was Let me be clear. Democrats were babies from this elevated risk? incredulous. He said: You mean you are committed from the start to fund this In July I met with maternal and fetal going to leave without Congress re- effort that the President asked for at health medicine specialists and com- sponding to the President’s call for $1.9 billion so that we had the re- munity health leaders in Chicago who emergency funding to fight Zika? And I sources to fight this public health shared with me their fear about what said: Unfortunately, that is the case. emergency. The Republicans decided to parents were going to go through. Illi- And that is what happened. For 7 play politics with it. nois has now had 47 cases of Zika, but weeks, we have said to the public I have been in Congress for a while, with Chicago being a major transpor- health leaders across America that the in the House and in the Senate. We tation hub, hundreds more of pregnant Republican-led Congress will not re- have had a lot of disasters—natural women have sought care and advice spond to the President’s call for emer- disasters and others. Time and again from providers and have undergone gency funds. It didn’t have to be this we put party aside to respond to the tests to make sure their babies are way. real needs of the American people. safe. In May, the Senate approved a bipar- That has all changed. With the arrival I am tired of the partisan games tisan compromise funding bill sup- of the tea party and this new spiteful being played with the health of preg- ported by 89 Senators, including many spirit that we see in the Congress, even nant women and babies but, to date, who have come to the floor on the Re- a public health crisis like Zika has be- that is exactly what has happened with publican side. It was negotiated by come a political football in this Repub- this partisan response to the Zika cri- Senators BLUNT, MURRAY, and others. lican-controlled Congress. sis. It is time for this to stop. It provided $1.1 billion in emergency When it became clear the Repub- I am heartened that some House Re- funding to fight Zika, not what the licans were not going to approve the publicans—only a few—have had the President asked, which was $1.8, but funding level the President asked for, courage to step up and say what is ob- $1.1 billion. Instead of voting on this we agreed to a compromise of $1.1 bil- vious. Florida Republican Representa- bipartisan measure after it passed the lion. This bipartisan bill passed the tive TED YOHO recently said: ‘‘Take ev- Senate with 89 votes, the House Repub- Senate overwhelmingly, and all the erything out except Zika funding and lican leadership put forth an inad- House had to do was to approve that don’t put any riders in it’’ when he was equate proposal to fight Zika in the bill so that we could provide funding to asked how we should respond to the range of $622 million, about one-third fight Zika. They refused. Zika crisis. He basically said to Speak- of what the President asked for. Then I worry that my Republican col- er RYAN and the House Republicans: when that bill was a nonstarter, the leagues are underestimating the threat You have to reverse course and take House Republicans decided to double that this virus poses. Local trans- the politics out of the Zika public down, so they drafted the special House mission of Zika has now occurred in health crisis. Republican Zika funding bill. What an Florida, with more than 35 Floridians Well, I hope the Republican leader- outrage. This bill included a litany of contracting the virus without having ship is listening. Let’s not wait for an- poison pill riders that the House Re- traveled overseas. And, for the first other 17,000 infected by Zika. It is time publicans knew didn’t have a chance in time ever—for the first time in the his- for the Republicans to stop playing the U.S. Senate. tory of our country—the Centers for these political games, to come back They threw in a provision—listen to Disease Control and Prevention is and approve the measure that passed this—at a time when women, fearful of warning Americans that there are cer- with 89 votes in the Senate. becoming pregnant and infected by the tain parts of the continental United FOR-PROFIT COLLEGES AND UNIVERSITIES Zika virus, were seeking family plan- States that are not safe to travel in. Mr. President, I have come to this ning advice and counseling, the House They are advising pregnant women to floor for many years now to alert the Republicans threw in a provision on avoid neighborhoods in Miami, FL. American people to a looming crisis. It the Zika funding bill to block funding That has never happened before. When is a crisis involving for-profit colleges for Planned Parenthood. They knew the President warned us in February of and universities. Many people were not with no vaccine available to protect the danger of this crisis, did any of the even aware that there was a difference these women, women’s health clinics Republicans who opposed him think between public and private universities

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.005 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5305 in the for-profit sector, but there is a take a look at the huge ITT Tech sign Government to issue Pell grants and big difference. I have said it repeatedly on the side of that mall, I would think student loans. Is it any wonder that and sadly it is still the case. to myself, I know what is going to hap- students like Marcus Willis think they There are three numbers that tell the pen here. This school is going to lure in are legitimate schools and they turn story about for-profit colleges and uni- hundreds of unsuspecting students out to be nothing but fleecing oper- versities. Ten. Ten percent of students from this area, saddle them with debt, ations by these people who are raking enrolled in post-secondary education and give them worthless diplomas, and in millions of dollars? go to these for-profit schools—schools probably ITT Tech one day would go Like Corinthian before it and many like the University of Phoenix and out of business. It happened. In my more for-profit colleges still today, DeVry and Rasmussen and Kaplan—10 hometown, an ITT Tech student seek- ITT Tech has engaged in unfair, decep- percent of the students. Twenty. Twen- ing an associate’s degree in informa- tive, and abusive practices to lure stu- ty percent of all of the Federal aid to tion technology, computer and elec- dents into their programs—false prom- education goes to these for-profit tronics engineering technology, com- ises, high-pressure tactics, flashy ad- schools. Why so much? Because they puter drafting and design, and parallel vertisements. charge so much in tuition. But the big studies could sign up with ITT Tech Yesterday, when it announced it was number is 40. Forty percent of all stu- and expect the 2-year program to cost going to close, ITT was under inves- dent loan defaults are students who at- them $47,000—$47,000 for 2 years at ITT tigation by—listen—18 State attorneys tended for-profit colleges and univer- Tech in Springfield, IL, for an associ- general. It is being sued by Massachu- sities. Ten percent of the students, 40 ate’s degree. If they went a few miles setts and New Mexico at this moment. percent of the defaults. Why? For sev- away to Lincoln Land Community Col- The New Mexico attorney general eral reasons. lege, they could get an associate’s de- found ITT placed students into loans First, these for-profit colleges and gree in fields like information tech- without their knowledge, falsely stated universities are recruiting young peo- nology, computers and electronics for the number of credits a student needed ple who are not ready for college. They $3,000, so $47,000 at ITT Tech and $3,000 to take in order to push them even don’t care. Sign them up. Sign them up at Lincoln Land Community College a deeper into debt, failed to issue refunds so that these for-profit schools can few miles away. And here is something in tuition and fees in compliance with walk away with their Pell grants, can to think about: At Lincoln Land, only Federal law, and many other deceitful lure them into student loans that send 1 in 50 students ends up being unable to practices. thousands of dollars for each student pay back their Federal student loans— The Consumer Financial Protection back into these for-profit schools. 1 in 50. At ITT Tech: One in five. Stu- Bureau is suing ITT Tech for predatory Many of the students finally wake up dents are 10 times more likely to de- lending. This was a for-profit college to the reality that they are not ready fault on their student loans if they with the blessing of the Department of for college or that the debt they are ac- went to ITT Tech instead of Lincoln Education. There are many more, cumulating is too high, and they make Land Community College for the same sadly, just like it. a terrible choice but an inevitable degree. Why? The difference in tuition: Despite what happens to students and one—they drop out. So they sit there $47,000 in debt at ITT, $3,000 in debt at their families, the executives who with a debt and nothing to show for it Lincoln Land. worked at ITT Tech are not going to but wasted time. Or, they stick with According to one recent Brookings suffer in this closure. Kevin Modany the program. For-profit schools take study, ITT Tech students cumula- and Daniel Fitzpatrick were two ITT them to ‘‘graduation’’ and then they tively—cumulatively, these students execs. Modany received $515,048 and find out the reality that the diploma owe more than $4.6 billion in Federal Fitzpatrick received $112,348 in big from for-profit colleges and univer- student loans, and now ITT Tech is bonus checks as recently as January. sities in many cases is worthless, de- going out of business. In 2014, Modany was paid more than $3 spite all the debt and all the time wast- How much is being paid back on that million in total compensation. I think ed. accumulated debt to ITT Tech, this that is more than any college president Yesterday, one of the worst actors in for-profit college? According to the in America. This man was paid that the for-profit sector, ITT Tech, an- same Brookings study, minus 1 percent amount of money by ITT Tech because nounced it was closing after years of of the balance has been repaid in 2014. students came in and signed up for exploiting students and fleecing tax- How is that possible? How can it be a their worthless courses. These are the payers. In the post mortem, many are negative number? Because the interest same two individuals the SEC say vio- focused on the Department of Edu- on the cumulative debt is accruing lated numerous securities laws in their cation’s decision a couple of weeks ago faster than the payments being made fraudulent private student loan scheme to prohibit ITT Tech from enrolling by students nationwide. These students at ITT Tech. any new students using Federal stu- are being fleeced—fleeced by a fly-by- Accreditation for ITT Tech? The for- dent loans, in addition to other restric- night, for-profit college that should profit industry takes care of that. They tions. But the root of the ITT Tech de- have been closed long ago. accredit their own schools. It is time mise stretches back much further than Individual students often have no for us and the Department of Edu- that. This is a company that literally chance of paying back their debt. They cation to stop playing ball with that. rotted from the inside. have taken on huge debt for a worth- Yet for all of this, in its swan song, The story of ITT Tech, like that of less diploma from ITT Tech. ITT Tech is engaging in a pity cam- Corinthian, another failed for-profit In 2009, ITT Tech’s 5-year cohort de- paign for itself—blaming everyone but college, is really the story of the for- fault rate on student loans was 51 per- its own greedy executives and shady profit college industry—for-profit edu- cent. More than half their students de- practices for its collapse. cation companies consumed by greed, faulted. True to form, the Wall Street Jour- fed by students who are understand- Marcus Willis from Illinois under- nal calls the collapse of ITT Tech an ably trying to make a better life for stands it. He was recruited by ITT ‘‘execution’’ carried out by the Obama themselves, and enabled for too long by Tech with two or three phone calls a administration. The words ‘‘for-profit’’ poor Federal oversight and congres- day until he finally signed up. He re- as used in the term ‘‘for-profit colleges sional inaction. Like Corinthian before lented from the pressure and signed up and universities’’ are such a siren song it and many for-profit colleges still for classes. Marcus graduated in 2003 for the Wall Street Journal that they today, ITT Tech charges students too from ITT Tech and spent months look- don’t even have the good sense to rec- much in tuition, provides them too lit- ing for a job. Of the student debt he in- ognize crony capitalism when it comes tle in the form of meaningful edu- curred, he says: ‘‘It’s too much to even to the for-profit colleges and univer- cation, and leaves them with crushing keep track of; I will never be able to sities. These colleges and universities debt. pay it back.’’ He says he wouldn’t wish are the most heavily federally sub- In my hometown of Springfield, IL, ITT Tech on his worst enemy. sidized businesses in America today. we have a mall called White Oaks Mall. ITT Tech and many of these for-prof- ITT Tech’s irresponsible actions now Every time I would drive out there and it colleges are approved by our Federal leave tens of thousands of students

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.007 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5306 CONGRESSIONAL RECORD — SENATE September 7, 2016 across the country wondering what is tory arbitration. I am hopeful that the forward for several years. Had this next. coming Borrower Defense Rule will project been completed, it absolutely Many who recently attended ITT also include a strong ban on this prac- would have dramatically reduced the Tech will be eligible for closed school tice which hides wrongdoing and leaves flooding we recently saw in greater discharges, but must weigh their op- taxpayers as the only option for relief Baton Rouge. Constructing the remain- tions carefully. when students are wronged by schools. ing phases of the Comite River Diver- If students use ITT Tech credits to I am going to close by saying that sion Project must be an absolute top transfer to a similar program of study, there is more work to be done. This is priority, which means getting it ready they may not be eligible for a closed not the last shoe to drop. Corinthian to go, encouraging State and local offi- school discharge. left so many thousands of students cials to acquire the necessary footprint Those who decide to transfer should with worthless diplomas and, sadly, and mitigation lands. look at community colleges or other worthless student debt. They didn’t In addition, the WRDA 2016 bill au- not-for-profit options. I have asked Illi- earn anything for it. The same thing is thorizes the West Shore Lake Pont- nois community college presidents to happening at ITT Tech. chartrain Hurricane Protection Project assist ITT Tech students to continue Who are the losers? The students, and the Southwest Coastal Louisiana their educations. I urge my colleagues their families, and the taxpayers are. Hurricane Protection Project. These to do the same in their States. When these students can’t pay back projects will provide necessary protec- The last thing we want is these stu- their loans, the taxpayers of America tion for residents outside of the New dents to fall into the open arms of lose. This ITT Tech could be a billion- Orleans Hurricane Protection System other for-profit colleges facing State dollar baby when it comes to penalties along I–10 and throughout communities and Federal investigations or lawsuits. for America’s taxpayers. When will this in southwest Louisiana. In addition, there are countless ITT Senate and this Congress wake up to We authorized the Calcasieu Lock, Tech students who likely qualify for the reality of the disgrace of the for- another vital project to reconstruct an Federal student loan relief under a de- profit college and university industry? aging lock to ensure safe, reliable fense to repayment given the volumi- The PRESIDING OFFICER. The Sen- transportation along the Gulf Intra- nous evidence of ITT Tech’s unfair, de- ator from Louisiana. coastal Waterway, a vital shipping ceptive, and abusive practices. Mr. VITTER. Mr. President, I rise lane. The Department of Education should today to highlight the importance and In the bill, we have additional re- work with State attorneys general and urgent need of the Water Resources De- forms to the harbor maintenance trust other Federal agencies who have evi- velopment Act of 2016 and the urgent fund. This extends vital programs for dence of this wrongdoing to ensure ITT need to bring it to the Senate floor and ports that move much of our Nation’s Tech students who were defrauded re- to act and pass it in the Senate. energy commodities, that modernize ceive the relief to which they are enti- Unfortunately, there are many cost shares to maintain our Nation’s tled under the law. events, floods, and disasters around the competitive advantage in the global Of course, all of this will cost tax- country in recent times that highlight economy and provide for additional op- payers dearly. The Department esti- the need for this. The most recent— eration and maintenance needs for mates that the outer limit of potential even more unfortunately, from my small agricultural ports along the Mis- closed school discharges could be point of view—is in South Louisiana— sissippi River. around $500 million. Potential defense the devastating thousand-year flooding We give authority for ports to get to repayment claims pushes the price in greater Baton Rouge and parts of limited reimbursement for mainte- tag higher. Acadiana. nance they perform using their own In addition to the $90 million the De- WRDA 2016 addresses many of the equipment for Federal navigation partment currently holds from ITT needs that events like this highlight. It channels. This will help clear the bu- Tech, the Department should seek the builds on the necessary commonsense reaucratic logjam for routine mainte- full $247 million it required ITT Tech reforms we made in 2014. It reinforces nance and operations of our waterways to post in August and explore other why Congress should be passing these in a very cost-effective way. ways to ensure that ITT Tech and its water resource bills every 2 years. This We provide increases in beneficial use executives pay for as much of the relief is one of the reasons why WRDA has of dredge material. That is critically as possible. come out of both Senate and House important for the restoration of our But the high cost can’t mean being committees with overwhelming bipar- coast, including the placement of stingy with relief to students. As I said tisan support. We can’t continue to re- dredge material in a location other with Corinthian, we can’t leave them build neighborhoods and cities time than right next to the existing project. holding the bag. and again after disasters. We have to We provide for local flood protection We also can’t continue to rely on a become more proactive in protecting authorities to increase the level of pro- policy of oversight that only protects life and property, more diligent in our tection after a disaster and rehabili- students on the back end, after a major oversight of the Corps of Engineers to tate existing levees to provide author- collapse. ensure that projects are delivered on ized levels of protection and meet the We have to reform our accreditation time, as well as more focused on cre- National Flood Insurance Program re- system so that there is meaningful ac- ating real paying jobs that help grow quirements. countability with respect to student our economy with the important work We provide for allowing locals to get outcomes on the front end. I will be in- contained in these bills. credit for money they spend for oper- troducing legislation with several of Some of the highlights of WRDA 2016 ations and maintenance of multipur- my colleagues in the coming weeks to that particularly impact Louisiana are pose protection structures and work do just that. as follows: they have already completed on coastal We need earlier and more aggressive First of all, let’s go to the disaster restoration projects. enforcement from the Department of area with this devastating flooding. As Finally, in WRDA 2016 we also have Education, including expanded use of chair of the Senate Subcommittee on vital studies to look at improvements letters of credit to ensure taxpayers Transportation and Infrastructure and to the Mississippi River, flood protec- are protected. I am pleased that the in light of that recent flooding, I added tion and ecosystem restoration in St. Department has created an enforce- to this bill language that would expe- Tammany Parish, and other measures. ment unit to identify and respond to dite construction of the Comite River It is vital that we better protect our wrongdoing early and is working diversion and additional flood protec- communities all across America, in- through the Borrower Defense Rule to tion measures along the Amite River cluding in Louisiana, from disastrous establish triggers that will require a and tributaries in East Baton Rouge floodwaters. We must be proactive, ag- school to post a letter of credit. and adjoining areas. gressive, and hold everyone account- We also must ensure that students The Comite River project was first able, certainly including the Corps of can hold schools directly accountable authorized by Congress in 1992, and it is Engineers, as well as State and local in court by banning the use of manda- one project that I have been pushing partners, to ensure that these flood

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.008 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5307 protection projects get constructed on 21.4 percent. Earlier in the summer, ways to accommodate them. Under time. Congress and the bureaucracies Humana announced average premium Marvin’s leadership, the program has cannot continue to drag their feet on increases in Georgia of a whopping 67.5 helped 347 students obtain their college authorization, construction, and over- percent. This year, all 159 counties in degrees. Without UCAN, it is possible sight of these vital projects. Georgia had at least two provider op- that many of these students would It is my hope that all of us take this tions. In 2017, 96 counties in Georgia have taken their semester suspension into consideration and that all of us will have one option and one alone. and not have returned to complete move forward with this WRDA 2016 The numbers do not lie. ObamaCare their degree. measure, bringing it to the Senate is forcing insurance carriers to leave The impact Marvin has on students’ floor, acting on it expeditiously, and the market, eliminating competition lives cannot be overstated. One of his getting on with the vital work of main- and choice, all the while placing the colleagues wrote: taining our ports and waterways and burden of higher costs on the backs of [Marvin] meets with students on a daily building important flood protection for working taxpayers in this country. basis to encourage them to take control of communities all across Louisiana and Worst of all, the inevitability of the Af- their lives and their education, so they can improve their future. On a regular basis he America. fordable Care Act as a single-payer experiences the difficulties of life as students I yield the floor. government system, which is on the bring him their circumstances, and he walks The PRESIDING OFFICER. The Sen- horizon, is what I feared the most in with them when they have no one else to ator from Georgia. the debate of Christmas Eve 2009— turn to. Along with that, when they need OBAMACARE something all of us in the Senate hoped correction, he does it with empathy, and Mr. ISAKSON. Mr. President, on would never happen. It is going to be leads them back to the path they need to be Christmas Eve 2009 on the floor of the on our doorstep if we don’t act now to on. Senate, I and the other 99 Members of correct ObamaCare, repeal the portions But Marvin’s compassion does not the Senate voted on what is known as of it that are wrong, keep the portions end with his work in the classroom. the Affordable Care Act, which later of it that are right, but bring about Marvin was also instrumental in estab- became known as ObamaCare. It has choice, access, and quality to our resi- lishing the Bear Essentials Food Pan- been 7 years since that debate, and a dents. That is what we promised them try, the UCA on-campus food bank. The lot has happened. 7 years ago, and that is what they de- food pantry idea was born out of a When it passed on the floor of the serve today. meeting Marvin had 2 years ago with a Senate and in the House, I voted It is time for the Senate, the House, student who had very little to eat. He against it because I feared it would and this administration and the next provided the student with a list of limit access, cost more, and limit administration to realize that our No. 1 nearby food pantries, but she lacked choice. priority was to bring about the promise the transportation needed to visit the It was sold as doing the opposite. It of a program that has more access, off-campus locations. Marvin re- was sold as costing less, expanding lower costs, and more choice for Amer- sponded by taking the student to the choice, and expanding access. But facts ican citizens. We cannot rely on going cafeteria and paying for her meal and are stubborn things. It is now time for to a government single-payer system. then springing into action. He re- us to look at ObamaCare and the Af- It will bankrupt the country, destroy cruited a few other UCA employees to fordable Care Act, realize what it has health care, and eliminate the choice help him, and the group successfully done to us, and realize time is running we all love as Americans. opened a food bank on UCA’s campus. out for us to correct the imperfections So with that, I challenge the Senate In conclusion, I would like to quote of that legislation. to get down to business, correct the in- again Marvin’s colleague, who con- On choice, remember what the Presi- equities in the law that was passed and cluded his nomination with these dent said: If you like your policy, you do the right thing for the people of words: can keep it. Because of what we are Georgia who I represent—give them in- I don’t think I can accurately describe the doing, there is going to be more access surance that is accessible, affordable, work that Marvin has done. I’m sure in the for those who don’t have a policy. and accountable to the American peo- past he’s received recognition, awards, and But, in fact, those who liked the pol- the like. However, I believe that this week, ple. this month, maybe even this year he is the icy they had didn’t get to keep it. In I yield the floor. type of Arkansan that we should aspire to be fact, a lot of their coverage went away I suggest the absence of a quorum. in our communities. or became more limited. The PRESIDING OFFICER. The I am pleased to recognize Marvin The cost was going to be less expen- clerk will call the roll. Williams as this week’s Arkansan of sive because everybody was going to be The senior assistant legislative clerk the Week, and I join all Arkansans in covered, but, in fact, everybody was proceeded to call the roll. thanking him for his positive impact Mr. COTTON. Mr. President, I ask not covered and costs have gone up. In on those around him. fact, in our charity hospitals, our unanimous consent that the order for I yield the floor. inner-city hospitals, and our high-trau- the quorum call be rescinded. I suggest the absence of a quorum. ma, level-1 centers around America, The PRESIDING OFFICER (Mr. SUL- The PRESIDING OFFICER. The the payments for the disproportionate LIVAN). Without objection, it is so or- clerk will call the roll. share of costs were going to be elimi- dered. The senior assistant legislative clerk nated because ObamaCare was going to TRIBUTE TO MARVIN WILLIAMS proceeded to call the roll. have everybody covered and there Mr. COTTON. Mr. President, I would Mr. THUNE. Mr. President, I ask would be no uninsured people going to like to recognize Marvin Williams as unanimous consent that the order for hospitals, but, in fact, that didn’t take this week’s Arkansan of the Week for the quorum call be rescinded. place. his work as the UCAN coordinator at The PRESIDING OFFICER. Without Access was going to increase because the University of Central Arkansas in objection, it is so ordered. there was going to be more coverage, Conway. UCAN stands for Unlocking OBAMACARE more insurance, more things like that. College Academics Now, a program at Mr. THUNE. Mr. President, as Presi- But what has been the fact is the fol- UCA aimed at helping students facing dent Obama’s Presidency draws to a lowing: Choice is limited or non- their first academic suspension to im- close, talk tends to turn to his legacy. existent, cost is more expensive than prove their grade point average and What will President Obama leave be- ever, and access is gone. continue their education. Students who hind? Internationally, of course, he As to my State of Georgia, I want to participate in UCAN are permitted to will leave behind a growing terrorist read you a few facts. Just last month stay in school during their first suspen- threat and an emboldened Iran on its after Aetna, UnitedHealthcare, and sion rather than withdrawing for the way to becoming a nuclear power. Do- Cigna announced they would leave semester. mestically, the President will leave be- Georgia’s marketplace, Blue Cross filed As the program coordinator, Marvin hind a weak economy, as the recent its third premium increase for the works with students to help identify economic growth numbers for the sec- third time this summer—an increase of their academic weaknesses and find ond quarter made clear. We grew at a

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.009 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5308 CONGRESSIONAL RECORD — SENATE September 7, 2016 little more than 1 percent. If you look ing Humana customers in the State of UnitedHealthcare is pulling out of a at the historical average since World Mississippi. A 43-percent increase whopping 31 States. What does this War II, average growth has been 3 per- means you would have to pay an addi- mean for consumers? Well, for many cent, 3.5 percent. In fact, President tional $4,300 for your health insurance people it means they have lost their Obama will be the only President in next year—$4,300. That is a massive in- health care plan and their insurance history—at least since they started crease for so many individuals and company and that they may have very keeping these sorts of numbers—who families, and that is just the rate hike few options for replacing them. The will not have had 1 year in his Presi- for 1 year. President promised that choosing a dency where the growth rate exceeded 3 Many people facing these kinds of in- health insurance plan would be like percent. creases already faced a substantial rate buying a TV on Amazon. For many Under his Presidency, we have aver- hike for 2016. Now they are expected to people nowadays, going on aged about 1.5 percent, so it is a slug- pay even more in 2017. Who knows what healthcare.gov is akin to choosing a gish, anemic economy that continues they will face in 2018. These kinds of TV on Amazon if Amazon only offered to keep wages at lower levels for Amer- rate hikes are completely one or two TVs. ican workers, the highest number of unsustainable. Can you imagine? Just According to a report released in Au- people who have left the labor force imagine if an individual’s mortgage gust, one-third of the country may and lowest labor participation rate lit- payment increased at a similar rate. have just one insurer to pick from on erally in 40 years. That is the economic Within a couple of years, most people the exchanges for next year. Well, if legacy of the President. wouldn’t be able to afford to pay for you don’t like that insurance company, Of course, the President will leave their homes. While health insurance apparently it is your tough luck. behind his signature law, ObamaCare. may seem like a significantly smaller One county in Arizona may actually have no insurers from which to choose, Many Democrats would still like to part of the budget than a mortgage not a single one. It is abundantly clear think of ObamaCare as the President’s payment, the truth is, for many fami- ObamaCare is failing American fami- signature domestic achievement, but lies it is not. lies, and even Democrats are starting you can ask anybody to scan any news- I have heard from at least one South to indicate they realize the current sit- paper, and you can see it is well on its Dakota family whose health insurance uation can’t continue. Of course, way to being a disaster. payments exceeded its mortgage pay- Democrats’ answers rarely involve This is just a small sampling of re- ments. In Tennessee, individuals are going back to the drawing board to cent ObamaCare headlines. From the facing average rate hikes ranging from consider a better solution. Instead, New York Times, this headline read: 44.3 percent to 62 percent for 2017. How Democrats generally offer proposals ‘‘Think Your ObamaCare Plan Will Be many families can absorb a 62-percent that involve throwing good money Like Employer Coverage? Think increase in their health care costs—and after bad. Democrats claim that more Again.’’ for just 1 year, a 1-year increase. government is the solution. Throw From the Chicago Tribune: ‘‘Illinois Residents in my State of South Da- more taxpayer money at the problem ObamaCare rates could soar as state kota are also facing huge rate hikes. A or let the government run all of health submits insurance premium increases 40-year-old nonsmoker in South Da- care—all health care plans to be gov- to feds.’’ kota faces a whopping 36-percent rate ernment run. That is what we are From the Washington Post: ‘‘Health- hike for a silver plan in 2017—36 per- starting to hear. care exchange signups fall far short of cent in my State of South Dakota. I Of course, maybe government-run forecasts.’’ have to tell you that is simply not af- health care for all was the plan all From a Lancaster, PA, newspaper: fordable for most South Dakotans. along, but would you trust the Federal ‘‘Lancaster residents will have rising What are consumers getting in ex- Government to run your health care premiums, fewer choices from 2017 change for their premium hikes? Too plan after seeing how it is doing with ObamaCare health plans.’’ often the answer seems to be not much. ObamaCare? Then, of course, there is From the Wall Street Journal: ‘‘In- For starters, many customers who are the administration’s solution, what the surers Move to Limit Options in already paying massive premiums face New York Times calls ‘‘a major push to Health-Care Exchange Plans.’’ thousands of dollars in deductibles on enroll new participants in public mar- From The Tennessean, quoting the top of that—before their coverage even ketplaces.’’ Tennessee insurance commissioner: kicks in. Previous recent pushes have been of ‘‘Tennessee insurance commissioner: Then there are the increasingly nar- limited effectiveness. Enrollment in Obamacare exchange ‘very near col- row networks of doctors and hospitals the exchanges currently stands at lapse.’ ’’ That is a headline from The on the exchanges. As the Wall Street roughly 12 million, just over half of Tennessean. Journal reported recently: ‘‘Under in- what was projected to be at this point I could go on. In fact, I could go on tense pressure to curb costs that have in the law’s implementation, but leav- for a long time. Those are just a few of led to losses on the Affordable Care Act ing that aside, the administration is the headlines from the past 3 weeks. I exchanges, insurers are accelerating unlikely to have a lot of success with a could literally fill an entire speech their move toward plans that offer lim- new enrollment push because it is with the negative ObamaCare headlines ited choices of doctors and hospitals.’’ abundantly clear it is pushing a broken just this summer. Just to reiterate, The days of the President’s ‘‘if you program. these are newspaper headlines. These like your doctor, you can keep your How does the administration think it are not conservative talking points. doctor’’ promise are long gone. Now- is going to make high premiums, high ObamaCare is failing so badly that adays you have not only lost your doc- deductibles, and limited choices look even those who might like to deny it tor, you may have very few options to attractive to Americans? If I were the cannot. replace them. Of course, all of this is administration, I wouldn’t hold out too But let’s get into the specifics. What assuming you still have your health much hope for an advertising campaign exactly are consumers on the ex- care plan. coming to the rescue. If we wanted to changes facing for this coming year? Countless Americans this year are coin a phrase to describe the Obama For starters, they are facing huge pre- once again discovering the hollowness Presidency, it might be the ‘‘Presi- mium increases—36 percent, 43 percent, of the President’s ‘‘if you like your dency of diminished expectations.’’ 19 percent, 22.9 percent, 89 percent. health care plan, you can keep it’’ This, after all, is the Presidency in Those are some of the average rate promise. Because the other side of the which Americans started to doubt the hikes that Americans are facing story is that insurers are dropping out cornerstone of the American dream, around the country. of the exchanges in droves. something we all grew up with, that Let’s break that down for just a In August, insurance giant Aetna an- their children will have a better life minute. Let’s say that your health care nounced it is pulling out of 11 of the 15 than they do. plan for 2016 costs $10,000. Let’s say you States where it offers plans on the ex- It is the Presidency in which we were are facing a 43-percent rate increase, changes. Meanwhile, Humana is exiting asked to start looking at weak eco- which is the average rate increase fac- several exchanges, while megainsurer nomic growth—as I mentioned, a little

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.012 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5309 more than 1 percent in the last quarter ernment agency for fighting diseases, hit by a flood such as this, felt all was and 1 percent in the quarter before has said $1.1 billion—the exact amount well. The first parishes to be hit by that—weak economic growth as the we are talking about—will take care of flooding had no time to evacuate or new normal. This is good enough. Obvi- immediate Zika needs. prepare. ously, it is the Presidency in which we So the question is, What are the In just the first 2 days, as much as 2 were asked to look at a future of high Democrats waiting for? The number of feet of rain fell in South Louisiana. premiums and few choices as the new Zika cases in the United States is rap- This record rainfall statistically had a standard for health care. idly increasing. More than 2,700 people 0.1-percent chance of occurring; thus, it I don’t believe or think for a minute within the continental United States is described as a thousand-year weath- we need to resign ourselves to the di- are infected and many more in the ter- er event. Again, this is baseline—grass, minished expectations of the Obama ritories. Democrats have talked and trees, roads. This is the same street. Presidency. We don’t have to be stuck talked about the importance of ad- All that brown is water. in the Obama economy for the long dressing this crisis. Yet they just re- In parts of Livingston Parish, within term, and ObamaCare doesn’t have to jected their third opportunity to act. 15 hours, 31 inches of rain fell. By the be our health care future. How big does this problem have to end of the third day, Baton Rouge, the ObamaCare’s goals of affordable, get before Democrats decide to stop capital city, had 19.14 inches of rain; quality care were noble goals, but this playing politics with the Zika funding? Denham Springs, within Livingston law has utterly failed as a way of get- I hope they will act soon, work with us, Parish, had about 25 inches of rain; ting us there. We need to start over. and answer the calls and demands we Watson, LA, saw over 31 inches of rain. We need to lift the burden ObamaCare are getting from the American people We received more than three times has placed on American families. We to provide a solution to this problem. the rain that Louisiana saw from Hur- need to replace this law with health I yield the floor. ricane Katrina. The recordbreaking care reform that will actually drive I suggest the absence of a quorum. rainfall led to recordbreaking river down costs and increase access to care. The PRESIDING OFFICER. The crest. For example, the National I have to say, Republicans have a lot of clerk will call the roll. Weather Service recorded the Amite ideas to bring to the table, we are The legislative clerk proceeded to River’s height at 46.2 feet—5 feet high- ready to start working on a new solu- call the roll. er than the previous record. tion, and I hope Democrats and the Mr. CASSIDY. Mr. President, I ask Again, this is all pretty apparent. new President will join us. unanimous consent that the order for This is baseline where you have dry The American people have been stuck the quorum call be rescinded. land with some lakes in between and with ObamaCare for long enough. The PRESIDING OFFICER. Without now that is water. This would be the ZIKA VIRUS FUNDING objection, it is so ordered. river, and the river bleeds out into the Mr. President, I wish to take a mo- LOUISIANA FLOODING surrounding land. The Comite River ment to talk about one other health Mr. CASSIDY. Mr. President, I rise was at 34 feet—4 feet higher than the care issue; that is, Federal funding to today to discuss the thousand-year previous record. As water poured out of combat the Zika virus. flood that hit my State of Louisiana a these overflowing river systems, cur- Democrats blocked $1.1 billion in few weeks ago. It is not named, so we rents were so strong that 14 stream Zika funding for the third time this call it the Great Flood of 2016, in which gauges, used to measure the height and week, despite the fact that every single 13 people lost their lives and $8.7 billion current of the river, were broken. Democrat in the Senate supported the When the rain ended, 13 were dead: in damage occurred in just a few days. William Mayfield, Linda Bishop, Brett exact same level of funding this spring. As an example of the enormity, here That is right. Every single Senate Broussard, William Borne, Richard are the power outages that followed Democrat supported this exact level of James, Samuel Muse, Kenneth Slocum, the flooding. This is baseline before the funding this spring. Republicans were Earrol Lewis, Stacy Ruffin, Alexandra flood. The lights went out, and all of all ready to pass a final version of the Budde, Ordatha Hoggatt, and two oth- this reflects homes substantially flood- bill and get this funding into the hands ers who have not been identified. ed. There is no substitute for wit- of the people fighting the virus, and Many were swept out into the cur- nessing the aftermath of the disaster then Senate Democrats changed their rent of the water. Most were caught yourself, but I will try to paint a pic- minds. They have offered a lot of dif- completely off guard by the speed at ture of the damage of this terrible ferent excuses. The Zika bill attacks which the flooding occurred. These par- event and the situation from which my women’s health care, they claim, de- ishes are more than 50 feet above sea spite the fact that the bill actually in- constituents are currently trying to re- level, and they were not prepared. The creases women’s access to care. build. majority of the 20 parishes that were It threatens clean water protections, Again, it was an unprecedented declared Federal disaster areas were they say, despite the fact that the bill weather event. The National Weather considered low risk for flooding. In lifts just a handful of redundant regu- Service deemed it a once-in-a-thou- Louisiana, only about 12 percent of lations for a brief period of 180 days so sand-year event. There was no way to homeowners living in low-risk areas mosquitoes can be sprayed—to kill the prepare. It was not as if there was a have flood insurance. FEMA has al- mosquitoes that are carrying the virus. storm system off the coast of Africa ready documented over 60,000 homes They also claim to dislike the way the that was proceeding across the Atlan- that were significantly damaged. The bill is paid for, despite the fact that the tic Ocean. Less than a quarter of the number is expected to increase to more majority of the money used to fund the population had flood insurance and not than 110,000 homes. Less than 20,000 of bill has been sitting around unused. because they were supposed to and those families and individuals had Either Democrats are so beholden to didn’t. Most weren’t supposed to be- flood insurance. special interest groups that they can- cause it wasn’t supposed to flood, and This is debris piled up in front of not make decisions for themselves or they were not required to have flood homes. After 3 days of heavy rain, 20 they cannot take yes for an answer. insurance. Again, the flooding occurred parishes—one-third of the State—were The Zika funding bill provides ex- in areas more than 50 feet above sea declared Federal disaster areas. Among panded funding for community health level where folks were told they were these, East Baton Rouge had 35 percent centers, public health departments, not in a flood zone or were at low risk. of its homes and businesses damaged. and hospitals. The bill funds research That is one example. Ascension and Livingston Parishes had into a Zika vaccine. It funds research Thursday afternoon, residents were about 90 percent of their homes signifi- into Zika treatments, and it stream- warned of a possible flash flood from a cantly damaged or declared a total lines mosquito control efforts, as the weather system moving into the area, loss. best way to protect people is to make but even the National Hurricane Cen- You walk the streets, and entire lives sure they don’t get bitten in the first ter had no expectation of how dev- are lined up by the curb. Imagine al- place. astating the storm would be. It was most 100,000 people having to start The head of the Centers for Disease missing key cyclone characteristics, from scratch. Imagine right now own- Control and Prevention, the lead gov- and these parishes, never having been ing only the clothes on your back and

VerDate Sep 11 2014 23:40 Sep 07, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.013 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5310 CONGRESSIONAL RECORD — SENATE September 7, 2016 a waterlogged home, which may cost WATER RESOURCES DEVELOP- that when the law was passed, the Con- more to repair than you can hope to MENT ACT OF 2016—MOTION TO gressional Budget Office projected rate repay. It is fair to say that this region PROCEED—Continued increases of only 8 percent at this is in crisis. The PRESIDING OFFICER. The Sen- point. A significant portion of our State’s ator from Utah. By some estimates, premiums for sil- population has lost everything. In ver plans—the standard metric—are ex- OBAMACARE many cities, thousands had to be res- pected to increase 11 percent, more Mr. HATCH. Mr. President, I rise to cued by boat or airlifted—taking noth- than they have at any point since speak once again on the failures of the ing with them and forced to leave ev- ObamaCare was implemented. so-called Affordable Care Act and what erything behind. While some of my colleagues have they mean for hard-working families claimed that the evidence of massive The good news is our community is and taxpayers. strong. Neighbors are helping neigh- premium increases is mostly anecdotal This is far from the first time I have and that tax credits help blunt the bors slowly put pieces back together, come to the floor to talk about but there are challenges repairing in- overall cost increase, they simply can- ObamaCare. Indeed, over the past sev- not ignore the facts. Premiums in the frastructure, sending kids to school, eral years, I don’t think I have spoken and disposing of large amounts of de- ObamaCare insurance exchanges are as often about any other topic, and I going up in markets throughout the bris. am not alone. Since the time the Aside from that, we are still in hurri- country, and according to CBO, the Democrats forced the Affordable Care Congressional Budget Office, 12 million cane season. We don’t know what Act through Congress on a series of might come next, but another storm individuals are estimated to have to pure party-line votes, my Republican pay the full price next year because hitting Louisiana before recovery is colleagues and I have been speaking complete would be devastating. they either are not eligible for credits about the poor judgment and short- or they would choose to purchase cov- Right now my office is working in sightedness that has unfortunately de- erage outside the ObamaCare ex- tandem with the entire Louisiana con- fined the trajectory of this law from its changes. What is more, the middle gressional delegation and our Governor drafting to its passage and now well class is increasingly bearing the brunt on securing expedited authorization into its implementation. Quite frankly, of these increased costs. and funding to build the Comite River we have had plenty of ammunition. It As the Wall Street Journal recently Diversion and other mitigation seems like we are treated to at least reported, middle-class families are projects to keep this from happening one new ObamaCare horror story every spending 25 percent more on health again. This is critical for rebuilding week. care costs, which reduces their spend- and preventing this level of damage My friends on the other side of the ing on other necessities. David Cutler, from occurring with future storms. Re- aisle have done their best to downplay the health care economist from Har- membering that our State has experi- our criticisms and minimize every neg- vard, is quoted in the article as saying, enced severe flooding in 36 parishes in ative story written about the problems when it comes to health care, it is ‘‘ ‘a less than 6 months, our delegation is with ObamaCare. In fact, just this story of three Americas.’ One group, requesting a 90-percent to 10-percent morning the Senate minority leader the rich, can afford health care easily. cost share between FEMA and the came to the floor and pronounced the The poor can access public assistance. State of Louisiana. We are also asking Affordable Care Act a success, but the But for lower middle to middle-income for supplemental appropriations of dis- American people have long recognized Americans, ‘the income struggles and aster recovery community develop- the truth: ObamaCare isn’t working the health-care struggles together are ment block grant funds to help with and it never will. This isn’t a matter of a really potent issue.’ ’’ the long-term recovery. opinion. This is not just political rhet- Our focus should no longer be on the Louisianans will work tirelessly, as oric in an election year. By its own question of whether premiums are we have for weeks, to rebuild. We are standards—and the standards of those going up. We should instead be trying so lucky that we have had volunteers who drafted, passed, and implemented to figure out why it is happening. In from out of the State come to help. the Affordable Care Act, ObamaCare the end, there are a lot of reasons why Hopefully today, by increasing the has been a historic failure. Americans are paying more for health awareness of this disaster, more people Case in point, the American people insurance under a new system that was are encouraged to volunteer and donate were promised that ObamaCare would supposed to help them pay less, but the in order to help fellow Americans re- bring down health costs, but in reality overall explanation is actually pretty cover. costs are continuing to go up. Over this simple: The President’s health care law Mr. President, I yield back. summer, as we moved ever closer to was poorly designed, and they know it. Mr. President, I suggest the absence the next open enrollment period for the Recall when my friends were drafting of a quorum. ObamaCare insurance exchanges, we and passing the Affordable Care Act, The PRESIDING OFFICER. The have learned that insurers throughout they claimed that the system they clerk will call the roll. the country have submitted requests to were putting in place—complete with The legislative clerk proceeded to raise premiums by an average of 18 to higher taxes, burdensome mandates, call the roll. 23 percent over last year’s premiums. and draconian regulations—would en- Mr. BARRASSO. Madam President, I For some plans, the requested rate tice more people into the health insur- ask unanimous consent that the order hikes are significantly higher than ance market. With the larger pool of for the quorum call be rescinded. that average, coming in at more than insured individuals, my colleagues on The PRESIDING OFFICER (Mrs. 60 percent according to some recent re- the other side of the aisle argued that ERNST). Without objection, it is so or- ports. insurers would be able to keep pace dered. Consider the following expected rate with all the new requirements imposed increases. In California, policyholders under the law without passing costs on f can expect a 13-percent average in- to patients. We now know that these crease in premiums, which more than projections were, to put it nicely, fool- triples the increases seen in the past 2 hardy. From the outset, enrollment in RECESS years. In Florida, they can expect a the ObamaCare exchanges has lagged Mr. BARRASSO. Madam President, I rate increase over 19 percent on aver- behind the rosy projections we saw ask unanimous consent that the Sen- age over this year. In Nebraska, they when the law was passed. As time has ate stand in recess as under the pre- can expect an average increase of 35 worn on, more and more people have vious order. percent, with some rates increasing by opted to pay the fines rather than pur- There being no objection, the Senate, nearly 50 percent. In Wisconsin, rates chase health care on the exchanges. at 12:18 p.m., recessed until 2:15 p.m. are expected to increase on average by In February 2013, CBO projected that and reassembled when called to order as much as 30 percent. These numbers more than 24 million people would be by the Presiding Officer (Mr. FLAKE). are more staggering when you consider enrolled in the exchanges. As of this

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With my pre- side will deny they want to create a mium, deductible, and ‘‘out of pocket’’ ex- tempts to defend the health care law, pense . . . my total out of pocket expense for single-payer or socialized medicine tend to focus solely on the number of insurance now tops $20,000 per year . . . can health care system in the United uninsured people in the United anyone . . . explain how this can be consid- States, that is the direction they have States—a number that has, admittedly, ered ‘‘affordable health care’’? us headed. gone down in recent years. However, Over the August recess, I met with Fortunately, the march toward a sin- what they tend to leave out is the fact the Utah board of directors of the Leu- gle-payer system is not a fait accompli. that the vast majority of newly insured kemia & Lymphoma Society, and there We can take action to right this ship people under the law haven’t purchased I heard from many Utahns about the now. We can control costs. We can take insurance through the exchanges. They skyrocketing cost of care over the past government out of the equation and have enrolled in Medicaid, a fiscally 3 years. These constituents repeatedly give patients and consumers more unsound program that provides less emphasized that they had initially choices. Of course, to get there, more than optimal coverage options for pa- hoped ObamaCare would help them, but of my colleagues on the other side will tients. In fact, there are over 30 million in their experience, it had only made have to acknowledge the failures of the people without insurance, which was things worse and much more expensive. current approach and agree on the need the reason we enacted the law—or at The downward spiral of ObamaCare is to plot a new course. least that was the argument. Today a circle that cannot be broken without Perhaps once the upcoming election there are at least 30 million people some kind of intervention. While there is over, we can begin to make progress without insurance. are a number of ideas out there to ad- on these issues. It is my hope that with The Washington Post recently ran an dress these problems, there are really the current administration in the rear- article on the enrollment shortfalls in only two major paths we can take. We view mirror, people will be more will- the exchanges, plainly spelling out the can enact reforms that are patient-cen- ing to acknowledge the failures of the issues. They said: tered and market-driven or we can ex- ObamaCare status quo. I recognize that Debate over how perilous the predicament pand the role of government in regu- the coming election may embolden is for the Affordable Care Act, commonly lating, mandating and, in the end, pay- those who support even more rigorous called ObamaCare, is nearly as partisan as ing for more and more of our health government involvement in the health the divide over the law itself. But at the root care system. care sector to try to take us further of the problem is this: The success of the law Republicans in Congress, myself in- down the path of a single-payer sys- depends fundamentally on the exchanges cluded, have proposed plans that would tem. If that is the case, we are looking being profitable for insurers, and that re- take us down the first path toward at an even more contentious environ- quires more people to sign up. more patient-centered reforms. My ment than the one we are in now. Long story short, people are not sign- friends on the other side, when they Don’t get me wrong. I want to see ing up on the exchanges in the numbers are not doubling down on the status more bipartisanship around here. I that were promised. As a result, health quo under ObamaCare, are advocating want us to find more opportunities to insurance plans have been forced to ad- for even more government involve- work together and get past the blind here to the law’s burdensome mandates ment. Case in point, the Democrat’s partisanship that currently fuels so and regulations without the benefit of nominee for President has outlined a much of what we do here and that an expanded and healthier risk pool. So number of ‘‘reforms’’ she would like to caused 100 percent of the Democrats as we have seen in recent months, add to the ‘‘progress we’ve made’’ and not one Republican in either House plans in many of the exchanges have under ObamaCare. Each of her pro- to support ObamaCare. But make no reported massive losses, leading a num- posals amounts to an expanded role for mistake, if the next administration or ber of major insurers in important the Federal Government, including the the next Congress tries to take us fur- markets throughout the country to renewed idea of the so-called ‘‘public ther down that path, they are going to terminate their plans altogether. The option’’ or a government-run plan. have a heck of a fight on their hands. result: patients and consumers are In other words, in this election sea- It is a fight that I personally am pre- being left with fewer and fewer options. son, the Democrats’ answer to the fail- pared to win so that we can eventually According to a recent study by the ure of ObamaCare is more government have a health care system that works Kaiser Family Foundation, nearly one control of our health care system. for everyone. out of every three counties in the It is funny, beginning in 2009, when I yield the floor. United States is likely to have only the health care law was being finalized, I suggest the absence of a quorum. one health insurance option available I argued that Democrats intended to The PRESIDING OFFICER. The on the exchanges in 2017. Another third keep expanding the role of the Federal clerk will call the roll. of U.S. counties will only have two op- Government in health care to the point The senior assistant legislative clerk tions available. Thus, what had been where they could argue that the only proceeded to call the roll. approximately 35 percent of the coun- workable option after a series of fail- Ms. HEITKAMP. Mr. President, I ask ties with two or less options on the ex- ures would be to create a single-payer unanimous consent that the order for changes is likely to double to around 67 health care system; in other words, so- the quorum call be rescinded. percent. cialized medicine. The PRESIDING OFFICER. Without Furthermore, more than 2 million in- Some pundits and even my colleagues objection, it is so ordered. dividuals are expected to have to declared that I was paranoid, that I UNANIMOUS CONSENT REQUESTS—EXECUTIVE change plans for 2017 as a result of in- was trying to scare people into oppos- CALENDAR surers leaving States, which is nearly ing ObamaCare. Yet 7 years later, Ms. HEITKAMP. Mr. President, I double compared to those who had those claims look relatively prescient, come to the floor today after spending switched carriers at the end of last if I do say so myself. the last 7 weeks traveling the beautiful year. Faced with the failure of ObamaCare State of North Dakota and working You don’t need a Ph.D. in economics to live up to its many promises, my with communities on issues that mat- to know that, generally speaking, colleagues are not arguing for a change ter the most to them, whether it is ag- fewer options means higher costs for in direction. Instead, they are clam- riculture, opioid abuse—any number of consumers and lower quality products oring for more authority to dictate the issues involving urban and rural hous- being offered. That is exactly what the terms of what had been a private ing. But one common message occurs American people are dealing with when health care marketplace before. In a at every stop: Why can’t Congress get it comes to health insurance. This in- world where the government dictates its job done? Why aren’t you doing cludes people from my home State of both the products on the market and what you are supposed to be doing? Utah. For example, one of my constitu- the prices at which they are sold, the So the people of North Dakota and I ents, Mr. Chris Secrist, wrote to me. eventual result is a marketplace in think the people of this country have a He said: which the government is the only simple message: They want us to do

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They are sick and tired of poli- portant Senate Judiciary Committee. it is very important that we look at tics getting in the way of work getting So when we look at this from the lens this in the light of our responsibility to done, and they don’t understand why of actions speaking louder than words make sure these three branches of gov- even the most basic issues, the most and if we look at what JOE BIDEN was ernment are fully functioning and simple issues, issues where there are able to accomplish when he chaired the doing their job and able to do their job vast majorities that support them, get committee, he gave a hearing to every because we have people in place. hung up in partisan politics. single nominee who came before him, So I ask unanimous consent that the That got me thinking about three whether that nominee was nominated Senate proceed to executive session to numbers that really sum up the inabil- by a Democratic President or a Repub- consider the following nominations: ity of my friends in the majority to do lican President. Calendar Nos. 359, 362, 363, 364, 459, 460, their job. Those numbers are 90, 175, That brings me to my last number, 461, 508, 569, 570, 571, 572, 573, 597, 598, and 20. which should be the easiest of all to ad- 599, 600, 687, 688, and 689; that the Sen- Let’s start with 90. Ninety is the cur- dress. That number is 20. Twenty is the ate proceed to vote without inter- rent number of judicial vacancies number of circuit and district court vening action or debate on the nomi- across our various Federal courts in judges who have had a hearing, who nees in the order listed; that the mo- the United States. Thirty-two of those have been reported out of the Senate tions to reconsider be considered made vacancies have been deemed judicial Judiciary Committee on a bipartisan and laid upon the table with no inter- emergencies. That means that justice basis—in fact, 18 of them were unani- vening action or debate; that no fur- is being severely delayed in those juris- mous—but they are still awaiting an ther motions be in order to the nomi- dictions. Every day, Americans and up-or-down vote in the Senate. nation; that any related statements be American businesses have to sit and I think it is unusual that I should printed in the RECORD; that the Presi- wait for resolution and certainty when even have to come to the floor to ex- dent be immediately notified of the we are capable of getting the job done, plain how ridiculous this is. These Senate’s action and the Senate then re- when we actually believe we have nominees are all noncontroversial. sume legislative session. qualified nominees ready to take the They are noncontroversial enough to The PRESIDING OFFICER. Is there bench and hear those cases. have received a hearing and been voted objection? The majority has brought to the out of the committee with Republican The majority leader. floor and confirmed only 20 circuit and and Democratic support. That means Mr. MCCONNELL. Mr. President, re- district court judges during this Con- the majority of the committee that we serving the right to object, the Senate gress—20. How does that compare? charge with fully vetting these nomi- has treated President Obama very fair- Well, if you look at the last 2 years of nees found all of the nominees quali- ly with respect to his judicial nomina- the George W. Bush Presidency, the fied to serve a lifetime appointment on tions. By comparison, at this point in Senate Judiciary Committee, which the Federal district court bench. Well, President Bush’s Presidency, the Sen- was then chaired by Senator LEAHY, 12 were nominated over 300 days ago ate had confirmed 316 of his judicial actually approved nearly three times and 6 others were nominated over 200 nominations—316. As of now, the Sen- as many. In fact, 68 judges were ap- days ago, and still they wait. Several ate has already confirmed 329 of Presi- proved during that time period—68 of these judges were nominated and dent Obama’s judicial nominees. In judges compared to 20. Last year the have the support of both their home fact, the Senate has already confirmed majority matched the record for con- State Democratic and Republican Sen- more of President Obama’s judicial firming the fewest number of judicial ators. Several of these judges were nominees than it did during the en- nominees in more than half a century. nominated by and have the support of tirety—the entirety—of President That is just 11 nominees for the entire all of their Senators. It is just unheard Bush’s 8 years in office. year. of that they should have to wait, given So at this point I am going to object These are not records that any of us that we have gone through the process. to the request, but I am prepared to should be proud of, not when we hear One of those nominees I want to par- enter into an agreement to process a from judges, lawyers, and our constitu- ticularly point out is a woman by the bipartisan package of four more judi- ents about the backlog of cases in the name of Jennifer Puhl. Jennifer Puhl is cial nominations that would include a Federal courts and around this coun- from Devils Lake. Her family is a huge California judicial nomination, two try. and important part of the community Pennsylvania judicial nominations, Right now, 31 nominees still have yet there. Her dad runs a small business, a and a Utah judicial nomination. This to either have a hearing or a vote in plumbing business, and she worked her would presumably be agreeable to the the Senate Judiciary Committee. Some way up through the ranks and cur- senior Senator from California, the of these nominees have put their lives rently serves as an assistant U.S. at- junior Senator from California, and to on hold and are ready to serve their torney in North Dakota. She was ap- the senior Senator from Pennsylvania, country in some of the highest posi- pointed by a Democratic President, but along with the junior Senator from tions a lawyer can hope to achieve. she served initially and received her Pennsylvania and both Utah Senators. They are putting their lives on hold initial appointment as an assistant So I am going to ask the Senator and delaying their economic viability, U.S. attorney from a Republican ap- from North Dakota to modify her re- waiting to find out. pointee. She is highly qualified and quest as follows: Mr. President, I ask That leads me to the second number. completely noncontroversial; yet she unanimous consent that the Senate The second number is 175. That is the waits and yet the Eighth Circuit waits proceed to executive session to con- number of days since the President for another person to sit on the bench sider individually the following nomi- nominated Merrick Garland to the U.S. and carry the load of that important nations, at a time to be determined by Supreme Court. My friends in the ma- circuit court. the majority leader in consultation jority will come down and claim they So I think it is time to do our job. I with the Democratic leader: Calendar absolutely could not give him a hear- think it is time to move these 20 nomi- Nos. 364, 460, 461, and 569; that there be ing because of something called the nees and to get the court fully func- 30 minutes for debate only on each Biden rule—something which I have tioning. nomination, equally divided in the never voted on and which I did not I make this point because when we usual form; that upon the use or yield- know existed. I went looking in the look at the role Congress plays in the ing back of time on the respective rule book to try to find out where this judiciary, we have a very significant nomination, the Senate proceed to Biden rule exists, and I have yet to role, given lifetime appointments, that vote, without intervening action or de- track it down. But I do know that when we would, in fact, provide advice and bate, on the nomination. we talk about statements on the floor consent. But beyond that, the judiciary The PRESIDING OFFICER. Is there attributed to then-Senator JOE BIDEN is an incredibly important part of our objection? and now-Vice President JOE BIDEN, we checks and balances. When we don’t The Senator from New Jersey. ought to look at not what he said but have a functioning judiciary, we do not Mr. BOOKER. Mr. President, reserv- what he did when he chaired the all-im- have a functioning democracy. I think ing the right to object, as the junior

VerDate Sep 11 2014 00:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.018 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5313 Senator from New Jersey, this is dif- Ms. BALDWIN. Mr. President, before Senator JOHNSON and I have returned ficult for me because one of the judges I returned home for the August recess, our blue slips, a part of the process to the Republican leader is suggesting be I came to the floor to call on the Sen- advance one of these nominees. A bi- skipped is the judge who has been wait- ate to take up pending judicial nomi- partisan majority of the Wisconsin ju- ing for the longest time. Judge Julien nations. Once again, today I join my dicial nominating commission rec- Neals has been waiting since February colleagues in calling for action on the ommended and supported his consider- of 2015. He is someone who came out of crisis that is facing our Federal courts. ation by the President. the committee with bipartisan support We had an unusually long recess— Don Schott also received the support and someone who has deep qualifica- what is called the August recess, but it of a bipartisan majority of the Senate tions. In addition to this, he is sug- actually started in mid-July. We have Judiciary Committee when they voted gesting that we skip another judge a brief period of time when we are back to advance his nomination. Don Schott named Ed Stanton, who is the U.S. at- in session before we are about to have is very well qualified. He has the expe- torney for the Western District of Ten- yet another recess prior to the elec- rience and the temperament to be an nessee. tions. I understand the Senate has been outstanding Federal court judge on the I bring out those two judges who are in session fewer days than the Senate circuit court, and his nomination de- next on the list. They are the two long- has been in session in some decades—60 serves a vote. The people of the State est waiting judges for the district years. of Wisconsin deserve to have this tradi- court—one from May and one from I feel it necessary that we step up tionally Wisconsin seat filled. February. I single those two out not and deal with this crisis in the Federal Nine judicial nominees who have just because one of them is from New courts and do our jobs. I call on my been previously approved by the Senate Jersey but, if you look at the list of colleagues in the majority to do our Judiciary Committee prior to Don the next 15 judges, these are the only jobs. Schott still haven’t had their up-or- two African Americans on the list. The The obstruction that we have seen down vote either by the Senate, and two longest waiting district court with regard to filling judicial vacancies they deserve it. As is the tradition of judges and the only two African Ameri- is harming our Federal courts and our this body, we vote on these nominees cans are the two who are being singled Nation, our economy, and individuals in the order they appear in the Execu- out, among others, to be skipped over who come before those courts to seek tive Calendar. As such, I will request in what the Republican leader is sug- justice. that the Senate Republican leader gesting. In this current Congress, only 22 schedule votes on each of these nomi- I know that for my colleagues in the judges have been confirmed by the Sen- nees, as well as on Don Schott. Republican Party this is not a con- ate. As we have discussed today, we Mr. President, I ask unanimous con- scious thing. I know this is a coinci- currently have 90 vacancies on the Fed- sent that the Senate proceed to execu- dence and that it is not intentional eral courts. Thirty-two—one-third— tive session to consider the following that the two longest waiting judges— have been declared judicial emer- nominations: Calendar Nos. 359, 362, the only two African-American judges gencies. Yet before the Senate right 363, 364, 459, 460, 461, 508, 569, 570, 571, on this list of 15—are being skipped now, we have Presidential nominees for 572, 573, and 597; that the Senate pro- over, but I do feel it is necessary to these vacancies—27 in number—that ceed to vote, without intervening ac- point out this fact. At a time when this are available for our consideration. tion or debate, on the nominations in Nation is looking at this judicial sys- Each of those names has garnered a bi- the order listed; that the motions to tem as needing to confront judicial partisan majority from the Judiciary reconsider be considered made and laid bias, at a time when judicial organiza- Committee. A bipartisan majority has upon the table with no intervening ac- tions of all backgrounds are pointing supported those Presidential nominees. tion or debate; that no further motions out the need for diversity on the Fed- Each and every one of them deserve a be in order to the nominations; that eral court, what is being suggested vote in the full Senate. The American any related statements be printed in right now is that we come up with a people fully deserve a functioning Fed- the RECORD; that the President be im- bargain to skip over the two longest eral judiciary—whether the Supreme mediately notified of the Senate’s ac- waiting district court judges, who hap- Court, our circuit courts, or the dis- tion and the Senate then resume legis- pen to be the only two African Ameri- trict courts. lative session. cans on the list of the next 15. That, to From my home State of Wisconsin, The PRESIDING OFFICER. Is there me, is unacceptable, especially when we have a longstanding vacancy on the objection? you look at the qualifications of these Seventh Circuit Court. This long- Mr. MCCONNELL. Mr. President, re- two judges and especially if you look at standing vacancy is absolutely unac- serving the right to object, I have al- their wide bipartisan support within ceptable. This traditional Wisconsin ready pointed out that President the Judiciary Committee. The percep- seat on the Seventh Circuit Court has Obama has already had more judges tion alone should be problematic to all been vacant for more than 6 years. This confirmed than President Bush in his of us in this body. is the longest Federal circuit court va- entire 8 years. So I would like to object to this offer, cancy in the country. Today marks the I offered a counter UC that would especially given the tensions that exist 2,435th day—that is 6 years and 8 confirm four of the judges. I will not right now in our country, the urgency months—of this vacancy. The people of repeat the modification that I offered for diversity on the bench, and the Wisconsin and our neighbors in Illinois earlier. clear qualifications of these men, and, and Indiana deserve a fully functioning Therefore, I object. finally, the fact that they have been court of appeals. The PRESIDING OFFICER (Mr. waiting since May and February of During this long vacancy, the Sev- TOOMEY). Objection is heard. 2015. enth Circuit has been considering The Senator from Hawaii. Thank you. issues that face people of our State as Ms. HIRONO. Mr. President, there The PRESIDING OFFICER. Is there well as our country. These issues in- are currently 27 pending nominations objection to the request of the major- clude women’s health, labor rights, on the Executive Calendar and 90 total ity leader? campaign finance, marriage equality, judicial vacancies. More than half of Mr. BOOKER. Yes, there is objection. and, most recently, voting rights. these nominations have been waiting I object to the modification. These are important issues, and the since 2015 for a confirmation vote. The PRESIDING OFFICER. Objec- people of Wisconsin deserve better than Hawaii’s own Clare Connors was tion is heard. an empty seat when judgments are nominated to the Federal bench 1 year Is there objection to the request of being made on such consequential ago tomorrow. She is one of the nomi- the Senator from North Dakota? issues. nees who would be skipped under the Mr. MCCONNELL. I object. We have a highly qualified nominee Republican leader’s compromise offer, The PRESIDING OFFICER. Objec- for this seat. Don Schott was nomi- which is not a fair offer any way you tion is heard. nated by the President on January 12. look at it. Claire’s resume is extensive The Senator from Wisconsin. He has strong bipartisan support. Both and impressive.

VerDate Sep 11 2014 00:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.020 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5314 CONGRESSIONAL RECORD — SENATE September 7, 2016 In her time as a U.S. assistant attor- George W. Bush judges. Here is my Mr. ALEXANDER. Mr. President, to ney, Clare prosecuted Hawaii’s most question: What kind of game does he keep appropriate balance here in the extensive mortgage fraud case. The think this is? At this point in time dur- Chamber, the Senate has treated Presi- case involved 15 criminals who were ing the Bush administration, there dent Obama fairly in terms of his judi- making it harder for Hawaii’s families were 42 judicial vacancies. Today, there cial nominations. As the majority lead- to obtain mortgages. This is only one are 90. At this point during the Bush er has pointed out, by comparison, at example of Clare’s nonpartisan com- administration, there were 13 judicial this point in President Bush’s Presi- mitment to public service. emergencies—vacancies in courts that dency, the Senate had confirmed 316 of During her career, Clare has worked are severely shorthanded and overbur- his judicial nominations. As of now, for Attorney General John Ashcroft dened with cases. Today there are 32— the Senate has already confirmed 329 of and Attorney General Eric Holder. She more than twice as many vacancies, President Obama’s judicial nomina- is impartial, she is qualified, and she more than twice as many emergencies. tions. So President Obama is ahead of deserves a vote. Senator MCCONNELL says, well, he President Bush by that count. In fact, If Clare is not confirmed, the Hawaii just doesn’t want to do his job, and nei- the Senate has already confirmed more district court seat would be left vacant ther do other Republicans. And we all of President Obama’s judicial nominees for over a year. People who appear be- know why. Republican leaders in Con- than it did during the entirety of Presi- fore our courts don’t want to know or gress have made it abundantly clear dent Bush’s 8 years in office. care if their judge is a Democrat or a that they want Donald Trump to be Senator MCCONNELL offered an agree- Republican. They just want to know President so that he can appoint judges ment to process a bipartisan package that when they get their day in court, who will bend the law to suit his own of four more judicial nominations that there will be a competent and qualified interests and those of his wealthy would include a California judicial judge sitting there. This goes double, of friends, and if that doesn’t work, then nomination, two Pennsylvania judicial course, for the highest Court in the Republicans will settle for paralyzing nominations, and a Utah judicial nomi- land, the Supreme Court, which, be- the judicial system so that it cannot nation, but Democrats objected. cause of an unfilled vacancy, has re- serve anyone at all. The PRESIDING OFFICER. The Sen- sulted in a number of 4-to-4 votes. That Judicial nominees stand ready to ator from New Jersey. is not how the U.S. Supreme Court provide American individuals, families, Mr. BOOKER. Mr. President, I rise should operate. We need to do our jobs. small businesses, and entrepreneurs again to continue the plea to move for- Mr. President, I rise today, therefore, with the justice they are guaranteed by ward when it comes to fulfilling the va- and ask unanimous consent that the our Constitution. One of those nomi- cancies now pending in our courts. I Senate proceed to executive session to nees is Inga Bernstein, a highly re- don’t know about the Constitution say- consider the following nominations: garded Massachusetts attorney who ing anything about a tit-for-tat—what Calendar Nos. 359, 362, 363, 364, 459, 460, has spent years serving families, teach- one President got another should get— 461, 508, 569, 570, 571, 572, 573; that the ers, and workers. Ms. Bernstein is not but to me the obligation of the Senate Senate proceed to vote without inter- controversial. She is supported by both is clear, and that is, we have an obliga- vening action or debate on the nomina- Republicans and Democrats. Give Ms. tion to do our job and to fill vacancies. tions in the order listed; that the mo- Bernstein her vote. In fact, give these During this Presidency, significantly tions to reconsider be considered made 10 noncontroversial nominees their more vacancies have come up because and laid upon the table with no inter- votes. of retirements and other reasons. As Mr. President, I ask unanimous con- vening action or debate; that no fur- we have already heard from the Sen- sent that the Senate proceed to execu- ther motions be in order to the nomi- ator from Massachusetts, not only are tive session to consider the following 10 nations; that any related statements there double the vacancies, but the ju- nominations: Calendar Nos. 359, 362, be printed in the Record; that the dicial emergencies being talked about 363, 364, 459, 460, 461, 508, 569, 570; that now, which have nothing to do with President be immediately notified of the Senate proceed to vote without in- party, are real. Around our country the Senate’s action and the Senate tervening action or debate on the right now, there are many districts then resume legislative session. nominations in the order listed; that The PRESIDING OFFICER. Is there that are in crisis because of our failure the motions to reconsider be consid- objection? to do our job. ered made and laid upon the table with Mr. MCCONNELL. Mr. President, re- Relying on a tit-for-tat partisan un- no intervening action or debate; that serving the right to object, I previously derstanding reflected nowhere in our no further motions be in order to the stated on two occasions that President Constitution is unacceptable when we nominations; that any related state- Obama has already gotten 13 more are not supporting the proper func- ments be printed in the Record; that judges confirmed than President Bush tioning of the judiciary. the President be immediately notified We have nominations on the floor, in all of his 8 years as President. I of- of the Senate’s action and the Senate fered a counter consent that was ob- ones that have passed out of the Judi- then resume legislative session. ciary Committee in a bipartisan fash- jected to that would have confirmed a The PRESIDING OFFICER. Is there ion. One of those nominations—to fill a district judge in California, two dis- objection? trict judges in Pennsylvania, and a dis- Mr. ALEXANDER. I object. vacancy in the U.S. District Court for trict judge in Utah. That was objected The PRESIDING OFFICER. Objec- the District of New Jersey—is Julien to, so I will spare the Senate the tion is heard. Neals, who is a well-qualified nominee counter UC I offered earlier because I Ms. WARREN. Mr. President, it is and who has had to wait for over 19 know it will be objected to. But with disgraceful that Republicans are block- months on his nomination—19 months. regard to the consent that has just ing confirmation of these judges. It is On this list, he is the longest waiting been requested, I object. even more disgraceful that 18 addi- judge. Judge Neals has served as the The PRESIDING OFFICER. Objec- tional nominees haven’t even had hear- chief judge of Newark Municipal Court, tion is heard. ings yet, including Merrick Garland, worked in private practice, and served The Senator from Massachusetts. who has now waited longer than any his community as corporation counsel Ms. WARREN. Mr. President, Repub- Supreme Court nominee in the history and business administrator for the city licans who control the Senate are set- of the United States to receive a con- of Newark. The President nominated ting new records for obstruction by firmation vote, while our highest Court Judge Neals to the Federal bench over slowing the pace of judicial nomina- continues to deadlock on issue after a year and a half ago. A hearing was tions to a crawl and leaving courts issue of importance to this Nation. held on his nomination in September across this Nation overburdened and All we are asking for is the Senate 2015. The Judiciary Committee favor- understaffed. Republicans to stop playing politics ably reported his nomination by voice I have listened as Senator MCCON- and do their job. vote in November of 2015. NELL has asserted that he is acting I yield the floor. The delay in confirming this nomina- fairly on judges because more Obama The PRESIDING OFFICER. The Sen- tion is unfair to the people of New Jer- judges have been confirmed than total ator from Tennessee. sey, who expect their justice system to

VerDate Sep 11 2014 00:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.021 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5315 be working in its full capacity. But we The PRESIDING OFFICER. The Sen- our State’s largest newspaper, they know this isn’t just a burden for New ator from Tennessee. saw this headline: ‘‘Very Near Col- Jerseyans; States across this country OBAMACARE lapse.’’ The story wasn’t about a bridge are being forced to shoulder the Sen- Mr. ALEXANDER. Mr. President, the or about a foreign dictatorship. ‘‘Very ate’s failure to confirm judges, precipi- Americans I have talked with are tired Near Collapse’’ was our State insur- tating a massive judicial crisis in our of ObamaCare rhetoric. They are wor- ance commissioner’s description of the country. ried about the ObamaCare reality. And ObamaCare exchange in Tennessee, Continued judicial vacancies means what is the reality today? The reality which more than 230,000 Tennesseans— that current Federal judges will be is that ObamaCare is unraveling at an almost a quarter of a million Ten- overworked and understaffed. Contin- alarming rate. There appears to be a nesseans—used to buy health plans last ued judicial vacancies means the very real danger that without struc- year. American people must wait a year or tural changes there may be entire What does ‘‘Very Near Collapse’’ two or longer to receive justice in a States with no insurer willing to sell mean in the real world? This Novem- case. This goes counter to the very plans on their ObamaCare exchanges in ber, when Tennesseans are signing up ideals we pledge allegiance to, this idea 2018. for 2017 ObamaCare plans, there will be of liberty and justice for all. Without We are talking about 10.8 million fewer plans to choose from, and they judges on the Federal bench, justice is Americans who buy health insurance will be much more expensive. That is denied for the woman who was fired on for themselves or their families on the what it means. This picture will be the account of her gender. Without judges ObamaCare exchanges created in each same for many Americans across the on the Federal bench, justice is denied State as a result of the law passed in country. for the transgender individual who is 2010. What we are saying is there are Next year, Tennesseans will be pay- seeking to access a restroom or other whole States where these 10.8 million ing intolerable increases—on average, between 44 and 62 percent more for public accommodation. Without judges Americans may have no options to pur- their ObamaCare plans than they paid on the Federal bench, justice is denied chase health care with ObamaCare sub- last year. Even for a healthy 40-year- for the criminal defendant who de- sidies. This unraveling is happening old, nonsmoking Tennessean with the serves a speedy trial before a jury of sooner than anyone thought and will lowest price silver plan on Tennessee’s their peers—fundamental constitu- require us to act both in the short term exchange, premiums increased last tional ideas. The longer the Republican and in the long term. year to $262 a month. Next year, it is leadership delays filling our country’s If we don’t take action in the short $333 a month. And if you, the policy- judicial vacancies, the longer justice is term, many Americans will have fewer holder, don’t pay all of it, then you, the denied for Americans across our coun- options and no relief from sky- rocketing premium costs. If we don’t taxpayer, will because a large portion try. of ObamaCare premiums are subsidized I ask the Senate to promptly vote on take action to address the longer term with tax dollars. Surely, it is not a the next two nominees who would be structural failure of ObamaCare, we valid excuse to say that just because up, nominees from Tennessee and New could have a complete collapse of the taxpayers are paying most of the bill, Jersey. The Western District of Ten- individual insurance market. Again, that justifies having a failing insur- nessee nominee, Edward Stanton, is a what we mean is that you may be liv- ance market where costs are so out of ing in a State where you cannot buy former U.S. attorney and has been control that we may soon have a situa- health insurance if you rely on an pending for over 16 months. It is impor- tion where no insurance company is ObamaCare subsidy. tant for me to point out, especially willing to sell insurance on an The reality of ObamaCare today is after the suggestion from the Repub- ObamaCare exchange. alarming even for those of us who have lican leader that we skip these first Tennessee had to take extreme meas- two judges, the longest waiting been critical of the law and its thou- ures to allow these increases because judges—I know there was no intention sands of pages of regulations. Before insurance companies told the State: If here, but I think it is important that ObamaCare even became law, Repub- you don’t let us file for rate increases, we point out that in the compromise licans warned President Obama and we we will have to leave. And if that hap- suggested by the majority leader, these warned Democrats in Congress that pens, Tennesseans might have only one are the only 2 African-American judges ObamaCare was bad news for Ameri- insurer to choose from. That is what is in the next 15. cans. happening in States all over the coun- In February of 2010, more than 6 So here we have two of the longest try as ObamaCare plans and rates get waiting judges, two qualified judges, years ago, I spoke for Republicans at a locked in for next year. two judges who passed out of the Judi- White House summit on health care According to the consulting firm ciary Committee, two judges who de- and warned President Obama that pre- Avalere Health, Americans buying in- serve Senate action and who are also miums for millions of Americans with surance in one-third of ObamaCare ex- African-American judges who can help individual insurance would rise under change regions next year may have create diversity on our Federal judici- his proposal. I was right about that. only one exchange to choose from. Peo- ary so that it better reflects our soci- Republicans warned that ObamaCare ple buying on ObamaCare exchanges ety as a whole. would increase the cost of health care, will have only one insurer to choose Given all of that—the totality of the that people would lose their choice of from in the entire State in five States crisis in our country, the urgency that doctors, that policies would be can- next year: Alabama, Alaska, Okla- is explicitly addressed in our Constitu- celed, that people would lose jobs, that homa, South Carolina, and Wyoming, tion that the Senate do its job—I now taxes would go up, and that Medicare according to the Kaiser Family Foun- ask unanimous consent that the Sen- beneficiaries would be harmed. We dation. The same Kaiser Family Foun- ate proceed to executive session to con- were right about all of that. Today an dation report found that a growing sider the following nominations: Cal- alarming number of health care insur- number of States that have multiple endar Nos. 359 and 362; further, that the ance companies are leaving ObamaCare insurers have only one insurer selling Senate proceed to vote without inter- exchanges. Americans are being forced policies in a majority of counties. vening action or debate on the nomina- to pay much more in premiums for the Tennessee is one of those States. tions in the order listed and that, if same health plans next year. This Last year, Tennesseans could choose confirmed, the motions to reconsider might be what Republicans predicted, ObamaCare plans between at least two be considered made and laid upon the but it is happening even faster than we insurers in all 95 counties in the State. table. imagined, and no one is happy about For the 2017 plan year, next year, it is The PRESIDING OFFICER. Is there being right. estimated that 60 percent of Ten- objection? Unfortunately, I don’t need to look nessee’s counties will have only one in- Mr. CASSIDY. On behalf of the lead- any further than my home State of surer offering ObamaCare plans—in er, I object. Tennessee to see how bad things have other words, no choice. The PRESIDING OFFICER. Objec- become. When Tennesseans woke up on North Carolina is also experiencing a tion is heard. August 24 and read the front page of dramatic reduction in options under

VerDate Sep 11 2014 00:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.023 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5316 CONGRESSIONAL RECORD — SENATE September 7, 2016 ObamaCare. Next year, 90 percent of ment, but Republicans know and Amer- company providing coverage, but there counties in North Carolina are esti- icans have seen over the last 6 years are many other counties in our Nation mated to have only one insurer offering that more money and more govern- in which there is only one insurance ObamaCare plans, up from 23 percent of ment are not the solution; they are the carrier. I can tell you, the less com- counties last year. A similar picture problem. We saw the problem ahead of petition you have, the higher costs will exists in West Virginia, in Utah, South time. We warned about it. We criticized go. As this continues, competition de- Carolina, Nevada, Arizona, Mississippi, the poor regulations that made a bad creasing—and insurance companies Missouri, and Florida. law even worse. Now, we are ready to like Aetna, Humana, and Blue Cross Just last week, the Concord Monitor, take action. We are ready to do some- are pulling out of the exchanges in a newspaper in New Hampshire, pub- thing about this emergency—both for some States—we can expect these pre- lished an article with this headline: next year and for the longer term. miums to continue to rise. ‘‘Maine health insurance cooperative I yield the floor. The situation we are in is that people leaves N.H. market, reeling from I suggest the absence of a quorum. are either going to be insurance poor or losses.’’ The PRESIDING OFFICER. The they will be forced to go without insur- The story goes on to describe how the clerk will call the roll. ance. There is an incredible irony. The Maine-based Community Health Op- The legislative clerk proceeded to bill which passed, the Affordable Care tions insurance plan will no longer be call the roll. Act, had the stated goal of making Mr. CASSIDY. Mr. President, I ask operating in New Hampshire after ex- health care affordable. It is becoming unanimous consent that the order for periencing over $10 million in losses in so unaffordable that people are going the quorum call be rescinded. without insurance. I think this will the ObamaCare exchange over just the The PRESIDING OFFICER. Without first two quarters of this year alone. only worsen. objection, it is so ordered. Up to today, ObamaCare has received This move will leave 11,581 individuals Mr. CASSIDY. Mr. President, I rise $10.5 billion in Federal tax dollars as in the Granite State looking for new to speak about ObamaCare and the in- subsidies, and there were a series of co- health plans. credibly negative impact it is having Politico reports that one Arizona on millions of Americans. Let’s just ops set up. The co-ops were going to county is ‘‘poised to become an speak about its impact upon the middle foster competition. As it turns out, 16 ObamaCare ghost town’’—those are Po- class. There was a recent article in the out of the 23 co-ops have gone out of litico’s words—because no insurer can Wall Street Journal, dated August 26, business, health expenditures are on an afford to sell health plans on the which spoke about how ObamaCare is alltime rise, and the subsidies are ObamaCare exchange. That leaves 9,700 pushing the burden of health care costs going away—some of them have been people in Pinal, AZ, with no to the middle class. It speaks about ruled illegal by the Federal courts— ObamaCare plan options in 2017. how deductibles have risen 256 percent, and so only the beneficiary will be pay- Millions of Americans need relief but wages have only increased 32 per- ing the premiums. Despite $10.5 billion from ObamaCare. Here is the action cent. It also goes on to say how folks in subsidies, insurance companies have that is needed: First, Americans need are spending 32 percent more on health lost $2.7 billion. Again, if these sub- immediate relief from the cost of care, but they are having to cut back sidies go away because they are illegal, health insurance and the lack of op- on groceries, restaurants, entertain- we can expect premiums to rise even tions on the ObamaCare exchanges. We ment, and clothing. Everything else is more. could do that by giving States more being cut back as health care consumes I am a big believer that if you are flexibility to give individuals and their more and more. going to criticize something, you families options to purchase lower cost ObamaCare was supposed to change should offer an alternative. I would private health insurance plans outside health care. The President promised like to point out that this Republican of ObamaCare, and we could do that that premiums would fall $2,500 per and another Republican have offered an now. I intend to offer legislation that family. The logical question is, Why alternative. We call it the World’s would provide that relief. That is only didn’t that happen? Greatest Healthcare Plan. We have to deal with the emergency of next I have a good example. A physician kind of a cheeky title to draw atten- year. friend I know who happens to be a neu- tion to it, but it is serious legislation. Second, we need big, structural rologist in Baton Rouge texted me. She Under the World’s Greatest Healthcare change in order to avoid a near col- had a couple in her office who were Plan, we change the paradigm of lapse of our Nation’s health insurance paying $1,600 a month for insurance. ObamaCare. If under ObamaCare the market. If there is a Republican in the They have a $10,000 family deductible. presumption is that government knows White House next year, we need to re- They are middle class and don’t get a best and folks in Washington can make peal ObamaCare and replace it with subsidy. Let’s think about this. They better decisions for the folks in Baton step-by-step reforms that transform are paying $1,600 a month and have a Rouge, New Orleans, Lafayette, the health care delivery system by put- $10,000 family deductible. Let’s do a lit- Shreveport, the Presiding Officer’s ting patients in charge, giving them tle quick math. That is roughly $16,000 hometown in Pennsylvania, or any more choices, and reducing the cost of a year plus $3,200, which comes to other place in the Nation, and knows health care so that more people can af- $19,200 a year, if my math is correct. what to tell them and what they should ford it. But if there is a Democrat in When we add $10,000 for a deductible— buy—therefore how much they should the White House, broad systemic, let’s say they both get in a car wreck spend—under the World’s Greatest structural changes will still be nec- and they are taken to the emergency Healthcare Plan, we take the opposite essary. room at the same time—they will be approach. Republicans didn’t create this prob- out $29,000 before they see a benefit We assume that the woman in the lem, but we are prepared to solve it. from their insurance. They will have to household—usually it is a woman. I am Democrats want to spend more tax- pay $29,000 before they see a benefit a physician so I know this. Usually, the payer dollars to prop up the exchanges. from ObamaCare which is supposed to woman makes 95 percent of the deci- They want to expand the role of gov- hold down costs. sions on health care for a family—let’s ernment in your private health care de- These are statistics and anecdotes. use the feminine—so she knows what is cisions. Let’s speak in a different sense. Let’s best for her family. There is kind of a In an article last month in the Jour- speak about premium hikes. Premiums humorous anecdote. On the campaign nal of the American Medical Associa- are up 31 percent this year in Lou- trail 2 years ago, I had two different tion, here is what President Obama isiana, but premium increases are ris- women speak to me in a very memo- wrote: ‘‘I think Congress should revisit ing as high as 67 percent in Arizona. rable way. One of them came up and a public plan to compete alongside pri- There is a 69-percent premium increase said: You know, I am 58 and my hus- vate insurers in areas of the country in Tennessee, and that is consistent band is 57. Our two boys are 18 and 19. where competition is limited.’’ across the Nation. Unless my name is Sarah and my hus- Of course, the President’s proposal As it turns out, there is one county band is Abraham, we are not having means more money and more govern- now which doesn’t have any insurance more children, we do not need pediatric

VerDate Sep 11 2014 00:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.024 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5317 dentistry, and I do not need obstetrical catastrophic coverage on top. If they He said: Yes? She said: You are right. benefits, but that is included in my are in a car wreck and admitted to the He is thinking: What was I right about? policy, which I am forced to pay for, hospital, they will be protected from She said: I stopped smoking and no and my husband and I are paying medical bankruptcy by that cata- longer need an inhaler. That is a per- $28,000 a year for insurance. strophic coverage. sonal story, if you will, of that which Another woman from Jefferson Par- Another thing we do by giving power statistically is demonstrated. If people ish walked up to me and said: My name to the patient is price transparency. become engaged in their health care, is Tina. I am 56 years old, and I had a Under ObamaCare we have seen prices they are not only healthier, but they hysterectomy. My husband and I are rise and rise and rise even more. Part save money. Under the World’s Great- paying $500 more a month for insur- of the problem is the consumer has no est Healthcare Plan, we take that Re- ance—$6,000 more a year—and I am power. She does not have the ability to publican principle of believing in the paying for pediatric dentistry and ob- know that if a doctor orders a CT scan power of the individual to shape her stetrics. I do not need these benefits, for her child—if she goes to this place life and her family’s destiny in a much but I sure as heck would like to have and pays cash, it is $250 or if she goes more positive way than you would ex- my money. to that place, it is $2,500. I picked those pect from a bureaucrat telling you to Washington is making the decision numbers, by the way, because the Los be passive and to otherwise obey. that these two women in Louisiana, Angeles Times had an article a few I will return. Unfortunately, the and women across the Nation should years ago and found that the cash price President’s health care law, the Afford- pay for benefits they don’t need, there- for a CT scan in the L.A. Basin varied able Care Act or ObamaCare, is crush- fore paying far more. By paying far from $250 to $2,500, and there would be ing the middle class with ever-higher more, they have less to spend on other no way someone would know. With the premiums, higher deductibles, higher things they might need to purchase, for World’s Greatest Healthcare Plan, the copays, an inability to pay, and becom- example, flood insurance in my State, power of price transparency is given to ing insurance poor as they cut back on clothing, restaurants, entertainment, a that mom so she knows where she can everything else to avoid paying the night out in their own State, wherever take the child for the best cash price penalty for the needed health insur- that State might be, but they cannot and the highest quality and balance ance. make that decision. that with her budget. If the family Republicans have offered an alter- Under the World’s Greatest wishes to really take matters into native. One alternative is the World’s Healthcare Plan, we take the power their own hands, they can put their Greatest Healthcare Plan, and in our away from Washington and give it to family credits all together in a pool alternative we give the patient the the family. We allow them to choose and buy a group policy for their family power. I suggest that would be an im- the benefits they wish, those they or they can give it to their employer as portant area of compromise; that we need, making the decisions between the employee’s contribution for an em- all see that giving the patient the pocketbook and health care that they ployer-sponsored plan and buying into power, the individual American the re- are uniquely qualified to make. By the the richer coverage that employers sponsibility, is a better way to go. way, we also do away with the indi- typically give. I yield the floor. vidual mandate. We know that indi- I could go on, but, if you will, the The PRESIDING OFFICER. The Sen- vidual mandate. It is the ObamaCare premise I learned as a physician is that ator from West Virginia. provision saying that you shall buy in- if you give the patient the power, she Mrs. CAPITO. Mr. President, I wish surance or the Federal Government will make the right decision for her to thank my fellow Senator from Lou- will fine you. family, both for their health and their isiana, Mr. CASSIDY—Dr. CASSIDY—for Under the World’s Greatest pocketbook—unlike ObamaCare, which his really creative ideas—the World’s Healthcare Plan, we take all the says: Family, you are not as wise as Greatest Healthcare Plan and the way money a State would receive from the folks in Washington. We are going to he frames it, in terms of his years of Federal Government for health care tell you what you have to buy, there- practice and the sincerity with which I and we allow the State to give a credit fore what you have to pay, and if prices know he has practiced in all kinds of to each individual in that State who is escalate even more and you decide you health care settings and has done a lot eligible, and that would be most folks. can no longer afford insurance, we are of work with folks who never could or The State legislature would have the coming after you to make you pay a never would have afforded health insur- option to say that everyone in the penalty. It is wrong, I think it is un- ance. So I thank the Senator for what State who is eligible is enrolled unless American, and it is certainly bad for he is doing and for working with us to they choose not to be—unlike families. try to solve this issue. ObamaCare, where you have a 16-page The principle under the World’s I rise today to join many of my col- online form where you have to get on Greatest Healthcare Plan, which I like leagues in sharing the realities of and have your W–2 and check it off. If to say in a phrase is giving the patient ObamaCare. We have heard a lot about you don’t have a W–2 with you and are the power, but the academic literature this. In my home State of West Vir- a poorer person and have to go to the would call it the activated patient— ginia, for many, this law has been library for your Internet access and someone who is now fully engaged in nothing short of devastating. While the you go home by public transportation managing her and her family’s health number of people insured has increased to get the right form and have to take care. Not only does that result in lower because of the expansion of Medicaid in public transportation back, it is not costs, statistically it gives you better my State, the way these policies were going to happen. Under our plan, you outcomes. put into place has created possible cat- are enrolled unless you choose not to There is a physician Congressman on astrophic fiscal cliffs for States. My be. We expect to have 95-plus percent the other side in the House of Rep- State, by the way, last fiscal year was enrollment. resentatives who tells a story of some- over $300 million in the hole because of We don’t provide the bells and whis- one he worked with. They went other issues, and now they are looking tles of ObamaCare, but what we do is through a health savings account, and at this fiscal cliff of having to pay the give first-dollar coverage. Instead of a the manager came up and said: Dr. full rate of Medicaid expansion. $6,000 deductible per individual or a FLEMING, I don’t particularly care for There is now a segment of our popu- $10,000 deductible per family, every this plan because it doesn’t pay for my lation that is falling through the family will have a health savings ac- inhaler. He said: Well, your health sav- cracks when it comes to health reform. count with which they have first-dollar ings account can pay for your inhaler, They make too much money to qualify coverage. If they need to take their I suppose, if it is not covered by your for aid or subsidies and end up paying daughter to the urgent care center to pharmacy benefit, but if you stop the full cost of increasing individual have an earache treated, they have smoking, you don’t need an inhaler, coverage premiums. These working first-dollar coverage. There is not a and he walked away not thinking families are being faced with sky-rock- $6,000 deductible to work through. about it. She later approached him and eting premiums, copays, and They have a pharmacy benefit and a she said: Dr. FLEMING, let me tell you. deductibles. Talk to any health care

VerDate Sep 11 2014 00:07 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.025 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5318 CONGRESSIONAL RECORD — SENATE September 7, 2016 center. Talk to the hospitals. This ris- companies scaling back or withdrawing Karen in central Nebraska shared ing amount of deductibles is influ- their participation on the market- that most of her paycheck goes to her encing their bottom line because they places. Unfortunately, there is nothing plan’s premium and deductible costs. are not chasing the uninsured. They that indicates that this trend will not She is faced with two terrible options: are chasing now people’s deductibles. continue. Many counties are becoming quit her job to qualify for more govern- In my State and across this country, ObamaCare ghost towns. ment subsidies or opt out of insurance we have little, if any, choice in insur- In Pinal County, AZ, 10,000 people coverage and then pay the penalty. ers. bought exchange coverage this year, Meanwhile, Peter, a small business I know we have all heard that often- but no insurers are planning to offer owner in western Nebraska, faces the repeated phrase, and I will say it again. plans on the exchange next year. What gut-wrenching decision of raising It is the claim that if you like your are they supposed to do? I fear this sce- prices to offset the rising premiums doctor, you can keep your doctor. This nario could all too easily play out in and other unaffordable costs of his has been pure fiction. The provider and West Virginia. Traditionally, over the ObamaCare plan. hospital networks have shrunk and in- course of ObamaCare, we have only had Stephen in eastern Nebraska, an- surers have shifted away from options one insurer for the entire 55 counties. other small business owner, bluntly to give patients the choice they were This year we happen to have 1 insurer told me: ‘‘Enough is enough.’’ For Ste- promised and that they counted on, for 45 of the 55 counties. phen, it made more sense to pay the and they are now being pushed into This lack of competition in the mar- penalty than to budget for his much more restrictive plans. ketplace is not new for our State. This ObamaCare plan. If that wasn’t One of our local papers recently ran a has been the reality for the vast major- enough, Stephen’s longtime family story about a West Virginian in just ity of our residents, and now we are doctor, the medical professional who he this situation, a small business person seeing it just expanding all across the trusts, is no longer in his network. So who labeled this plan accurately, call- country. This lack of choice, along now Stephen has to travel just to see ing it the ‘‘Un-Affordable Care Act.’’ with unaffordable premiums, copays, an in-network provider. Since ObamaCare, my premiums have in- and high deductibles, has prompted Because of a law forced upon them, creased at least $450 per month in the last most Americans to reject ObamaCare Americans are left with difficult couple of years. The plan I had was can- plans and not even join. choices. Mothers and fathers are being celed. . . . Nationwide enrollment in forced to choose between what is in the So if you like your health care, you ObamaCare exchanges is only half what best interest of their families and what can keep it. His was canceled—false was originally planned. We owe it to health insurance costs they are going statement. He had to enroll in a new those we represent to do better. We to be able to afford. plan. His premiums are currently over have heard Senator CASSIDY talk about Hard-working Americans are keeping $1,350 a month. Between the high de- his ideas. We have great ideas on this less of their paychecks. They are ductible and meeting the out-of-pocket side of the aisle to improve it, and we spending more on these uncontrollable maximum, this West Virginian has to have asked and voted many times to health care costs. They can no longer pay 20 percent—all out-of-pocket—and throw out ObamaCare and start over. I afford and, in many cases, they no the situation is likely to get worse. think that is the direction we need to longer even have the option to see the In West Virginia, we, like many go, because Americans deserve a health doctor they trust. They are not saving other States, are currently waiting to care system that works for them, every money, and they are not better off. see what our premium increase is going day, from year to year. It is becoming They are living a real American night- to be for 2017. It hasn’t been approved clearer and clearer that ObamaCare is mare. yet by the State insurance commis- not that plan. Nebraskans are all too familiar with Thank you, Mr. President. the failures of ObamaCare. The co-op sion. The question is not whether there I yield the floor. will be an increase; that is a given. The The PRESIDING OFFICER. The Sen- established for Nebraska and Iowa was question is, How enormous will it be? ator from Nebraska. one of the first ones to fail, and that If nearby States are any indication, Mrs. FISCHER. Mr. President, I wish was in December of 2014. In my letter there is much to be concerned about. In to thank my colleague from West Vir- at the time to then CMS Administrator the State of Tennessee, the State in- ginia for her comments on this health Tavenner, I sought answers. I received surance commissioner recently sound- care law, as well as my colleague from an answer much later from Acting Ad- ed the alarm saying that the Louisiana. ministrator Slavitt. His response was ObamaCare exchange in Tennessee is I have just returned, as we all have, disappointing, and it clearly dem- very near collapse. Rates there are from our time in our State and trav- onstrated what we have known for a skyrocketing to between a 44- and 62- eling in our State. I know my colleague long time now: The government is in- percent increase. Sadly, the story is from West Virginia heard the same sto- capable of successfully administering the same whether one is in Arizona, ries that I heard in Nebraska. People health care coverage. These Nebras- New Hampshire, Iowa, Nebraska, or are worried. They are afraid. They are kans were left with few options and West Virginia. All too often, these rate very concerned about their futures and very little support because of the gov- increases are coming with much less what they are going to see this fall ernment’s shortsightedness in con- coverage as well. with regard to this health care law. So tinuing a doomed co-op. I recently spoke with a West Virginia I thank my colleagues for their com- We have witnessed similar disasters small business person who has absorbed ments that they have given today on with other ObamaCare co-ops across the cost of increased premiums for this very important issue. the country. They keep failing. They their employees, realizing they can’t I, too, rise to address the stark re- include Colorado, Connecticut, Illinois, afford it but, at the same time, that ality of President Obama’s failed Michigan, New York, and Oregon, to employees are getting much less cov- health care law. The evidence of its name a few. At a cost to taxpayers of erage, higher deductibles, and higher failure continues. The latest example more than $1.7 billion of the original 23 copays. Attempting to switch to a is the relentless increase in premium co-ops, only 7 now survive. That is a lower cost plan comes with its own per- rates across our country. In Nebraska, failure rate, people, of more than 60 ils. The average bronze plan deductible health care plans under ObamaCare percent. The surviving seven are now in 2016 was $5,700. This is assuming you will see premium rates rise more than being evaluated for their financial have choices. 30 percent. Nearly every week, I hear health, but one thing is clear: To prop A recent analysis by the Kaiser Fam- new stories of the pain caused by this them up through the next enrollment ily Foundation found that one-third of law. It breaks my heart because it has period only to delay their really inevi- all counties in the United States will led hard-working people to the brink of table failure would be incredibly dis- only have one ObamaCare insurer next despair. We have sunk to the point honest to the American people. year. This is up dramatically from the where some Nebraskans, like many Nebraskans are a trusting people. We 7 percent of counties in 2016, and it is Americans across our country, are now like to give people the benefit of the largely the result of major insurance asking themselves: Why bother? doubt, but there is no doubt any

VerDate Sep 11 2014 06:52 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.027 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5319 longer. ObamaCare was built on certain In my own State we had two horrible summer rain into a destructive tor- promises and those promises have been disasters during the recess, and I would rent. In less than 2 hours the river rose broken. like to talk a little bit about that. 14 feet above its normal flow. Shops It is time for the government to be Marylanders are heartbroken by the and restaurants that line Main Street honest with the American people. It is devastation that has hit our commu- were swamped and flooded as water time to come clean, face up, and act re- nity in Ellicott City. My condolences rushed down the street and rose under- sponsibly. We have already taken some go out to the family and friends who neath it. The Tiber, usually just an positive steps to get our people out of lost loved ones in the tragedy. inch or two of water running through a this mess—steps which the vast major- I want to especially thank the first reinforced channel below some of the ity of the Members of this Senate have responders who worked tirelessly to buildings, swelled during the storm. approved. The medical device tax and save lives and property after the his- You can see a little bit here of the the Cadillac tax are clear examples. toric flooding in Ellicott City. damage that we are talking about in The majority of this Chamber agreed Ellicott City is a historic Maryland this photograph. I had a chance to see on a bipartisan basis that delaying treasure, founded in 1772 and known for this firsthand, and it was incredible these taxes was a necessary step to al- its vibrant business community and its that buildings had been completely leviate some of the harm that has been culture of kindness and resilience. It washed away. The river normally caused by this health care law. In vot- suffered significant flooding through- flowed underneath that and has for a ing to delay these taxes, the Senate out the intense rainfall on the evening long time, but because of construction chose the American people over a of July 30, 2016. The National Weather and because of the amount of water failed law. That was a good day, and Service predicts that a rainfall of this that fell, the water was funneled into that was a good vote. We must take magnitude should statistically occur Main Street, and it became a force of more actions like that in the future— once in every 1,000 years. Six inches of itself going down Main Street, as well action, not just talk—actions that will rain poured down on Ellicott City—an as the river rising below it, causing help the American people lighten this amount of rain that normally falls over major destruction. law’s heavy load and bring families the course of one month—in the period Jessica Lynn Watsula also died in the flood. Again, as the Baltimore Sun re- back from that brink. We must keep of only 90 minutes. doing this until Americans like Karen, Shortly after the storm hit, I toured ports, she was a 35-year-old mother Peter, and Stephen are no longer forced Ellicott City with Howard County Ex- who lived in Lebanon, PA, and had gone to Portalli’s in Ellicott City that to make those unreasonable choices. ecutive Allan Kittleman, officials from night with three women for a girls’ At the same time, I want solutions the Maryland Emergency Management night out. for those Nebraska families still strug- Agency, MEMA, and other Federal, gling to find quality and affordable State, and local officials. The devasta- Watsula dropped off her 10-year-old daugh- health care. But let’s be honest. These ter at her brother’s home and drove two tion is truly frightening in terms of hours from Pennsylvania for dinner and solutions are not more bailouts and tax damage to property, businesses, homes, painting Saturday in Ellicott City—a chance subsidies. No more one-size-fits-all vehicles, and infrastructure in Ellicott to share an evening with her sister-in-law Federal mandates. We must all con- City. and two other relatives. clude that ObamaCare is a clear fail- As the Baltimore Sun reported, Sat- As the four women left Portalli’s Italian ure. We must, once and for all, scrap it urday, July 30, began unremarkably for restaurant on Main Street in the historic district, a wave of flood water began to and then replace it with patient-cen- a summer day in the mid-Atlantic, tered solutions. I want to have that sweep their car away. They got out and with thunderstorms expected. Joseph clung to a telephone pole as waist-high water conversation, and I am ready and will- Anthony Blevins was out on a date rushed over them. ing to do so. night with his girlfriend Heather Watsula was swept away and died in the Thank you, Mr. President. Owens, and he suggested they stop at flood. I yield the floor. Main Street in Ellicott City. They had As we mourn the loss of Joseph I suggest the absence of a quorum. Blevins and Jessica Watsula, let me The PRESIDING OFFICER. The just left a matinee at a movie theater in Laurel and were heading home to thank the citizens of Ellicott City who clerk will call the roll. undoubtedly saved many lives with The legislative clerk proceeded to Windsor Mill. With a roll of her eyes, their heroic actions during this his- call the roll. she agreed to stop in the city’s historic toric and deadly flood. Mr. CARDIN. Mr. President, I ask district. I am pleased that our congressional unanimous consent that the order for Let me continue with the Baltimore Sun’s reporting of this story: delegation has moved quickly to facili- the quorum call be rescinded. tate the emergency help for families, The PRESIDING OFFICER (Mr. It was raining when [Heather Owens and communities, homeowners, and small GARDNER). Without objection, it is so Joe Blevins] pulled into a parking lot off businesses to recover from this dis- ordered. Main Street around 7:30 p.m., and they sat in the car to wait out what they expected to be aster. ELLICOTT CITY, MARYLAND, FLOOD a short downpour. They didn’t know that the I want to recognize and praise the Mr. CARDIN. Mr. President, the first weather service had issued a flash flood Federal agencies who stepped up to the order of business in this return to ses- warning for much of central Maryland about plate and worked hand-in-hand with sion is for us to pass an appropriations 12 minutes earlier. When they realized the our State and local officials. bill to keep the government open on rain was not going to let up, they decided to Let me start by thanking the Small October 1. I know that people are phys- go home. They pulled back on to Main Business Administration and specifi- ically at work in order to make that a Street, but within five minutes, their car cally SBA Administrator Maria reality. began floating. The car struck a guardrail and plunged into the swollen Patapsco River. Contreras-Sweet for her tremendous I was on the floor yesterday talking Owens was able to get out of the passenger help to the people of Ellicott City. The about the need to fund Zika. To me, side window, and thinks she grabbed some- SBA’s survey of Ellicott City found that is urgent. We have to get that thing, perhaps a branch of a tree on the river more than the 25 structures—with 40 done now. I explained then that there bank, as the current pulled her downstream. percent or more of uninsured damage— are real risks to the general population She looked for Blevins and saw him in the required to recommend an SBA phys- of Maryland and Colorado and every river, gasping for air and reaching in vain for ical declaration. At least 60 home- State in this country from the Zika something to hold on to. She scrambled up owners, renters, and businesses in the rocky bank onto nearby railroad tracks, virus. Ellicott City and surrounding areas Today I am going to talk about two heading toward houses on higher ground to get help. The rushing waters had torn her sustained major damage or were de- episodes—two disasters—that occurred pants and shoes off, but she survived with a stroyed. More than 80 structures sus- in Maryland during the recess. I men- fractured jaw. . . . Residents and first re- tained minor damage as well. tion that in this context because we sponders later looked unsuccessfully for In this case, the Federal disaster dec- need our Federal agencies fully func- Blevins. Blevins, 38, died during the flooding, laration from the SBA was necessary tioning and fully funded in order to leaving behind Owens and his three children. to ensure Howard County business own- deal with the things that just happen A confluence of meteorological and ers got the physical disaster loan as- in America. geographical factors turned this hard sistance and economic injury disaster

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.028 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5320 CONGRESSIONAL RECORD — SENATE September 7, 2016 loan assistance they need to repair or the Flower Branch Apartments in Sil- is an expected gas line issue involved in replace real estate, personal property, ver Spring, MD. Seven individuals died the explosion. I am hopeful that the equipment, or inventory damaged or in the catastrophe, which caused doz- National Transportation Safety Board destroyed in the disturbance. I know ens of injuries and displaced over 100 investigation will uncover the causes many of these shopowners. These are residents. of the explosion and fire and hold indi- not chains; these are small business I was at this scene also. We lost life. viduals accountable for any wrong- people who have set up their own People lost their lives, and I am going doing, as well as lead to additional unique businesses providing retail serv- to mention their names. I was sur- safety recommendations as to how to ices in a way that reminds us of how prised to find that there were survivors help prevent these types of devastating retail used to be in this country. Main when I took a look at the amount of explosions in the future. Street in Ellicott City is Main Street damage that was done by this explo- We should also examine our outreach America. These people are very resil- sion. The first responders showed me and education efforts to the immigrant ient, but when you have this type of parts of the building that were found community to make sure that all resi- damage and you know how long it is hundreds of yards away, mangled by dents are aware of the rights and gov- going to be before you can return the the force of the explosion. There was ernment services available to them. structure to its use, it requires a help- immediately a fire that consumed the This community is an immigrant com- ing hand. rest of the premises. As the Wash- munity. For many, English is not their I was pleased that the SBA came ington Post reported, the destruction first language. It was an additional through for the citizens of Ellicott City was so devastating that authorities challenge to make sure they under- by approving a formal disaster declara- were unable to immediately determine stood that we were there to help and tion which will allow the homeowners, how many people died. There was dif- that we wanted to make sure we did ev- businesses, and nonprofit organizations ficulty in making identifications. erything we could to make sure they impacted by this epic storm and result- Among the victims were two little were properly taken care of. ant floodwaters to apply for economic boys, Deibi Morales and Fernando Her- Again, I thank the Federal, State, injury disaster loans, which provide nandez, who had become friends as and local government agencies that low-interest assistance to help busi- their mothers undertook new lives in helped the citizens of Ellicott City and nesses meet their financial obligations the United States; a couple, Augusto Silver Spring respond to these terrible and pay ordinary and necessary oper- Jimenez and Maria Castellon, who disasters. Working with our nonprofits ating expenses. built a house-cleaning business; and a and faith-based communities, we can The SBA has repeatedly proven its retired painter, Saul Paniagua, who recover and rebuild from these trage- willingness and ability to help Mary- doted on his grandchildren. We mourn dies. As I said in the beginning, this is just landers struck by crisis. I express my all their lives, and we extend our deep- another example of why it is critically sincere thanks to the SBA for the as- est condolences to their families. sistance extended to our neighbors in I toured this site recently with Mont- important that we do our job here and that we pass the necessary appropria- need, and I will continue to work with gomery County Executive Ike Leggett tions bills so that our Federal partners Team Maryland, including Senator MI- and other Federal, State, and local of- can help our State and local govern- KULSKI and Congressman CUMMINGS, to ficials, including officials from the ments help those who are victimized by identify additional resources to aid Montgomery County, MD, Fire and these types of disasters, that they Ellicott City. The Maryland delegation Rescue Service. Our hearts go out to knew they have the Federal agencies has come together to support the the families who have been impacted fully tooled, fully budgeted to help State’s request for a Federal disaster by this horrible tragedy in Mont- them respond to these tragedies. declaration for Howard County after gomery County. I suggest the absence of a quorum. the deadly and devastating flood in I want to thank the first responders, The PRESIDING OFFICER. The Ellicott City. State and local officials, as well as a clerk will call the roll. Given the massive impact this flood- wide range of nonprofit, faith-based The senior assistant legislative clerk ing had on our State and our local re- and community groups who have an- proceeded to call the roll. sources, I have joined my colleagues in swered the call to help victims, fami- Mr. COATS. Mr. President, I ask the Maryland delegation in writing a lies, and loved ones begin to put their unanimous consent that the order for letter to the President urging him to pieces back together as best they can. the quorum call be rescinded. approve the Federal disaster declara- It was heartwarming to see the com- The PRESIDING OFFICER. Without tion at the request of our Governor, munity outpouring to help those who objection, it is so ordered. Larry Hogan. were homeless immediately as a result ENDING U.S. AID USED FOR PALESTINIAN ACTS I also acknowledge the extraordinary of this disaster and to provide what- OF TERRORISM help from officials from Region III of ever they could. Mr. COATS. Mr. President, in June I the Federal Emergency Management They provided help to the first re- spoke on the floor about the appalling Agency and in particular MaryAnn sponders. The temperature was over 100 practice of the Palestinian Authority Tierney. Region III offices are degrees during the period of time this to reward terrorists and encourage headquartered in Philadelphia but in- occurred. There were oppressive tem- more terrorism against Israeli citizens clude the State of Maryland. So I ap- peratures and very difficult working and Americans. My purpose then was preciate Administrator Tierney coming conditions. The community came to- to draw attention to these payments down for a site visit to oversee the gether to help the first responders. We and especially the fact that U.S. tax- joint preliminary assessment. She was had a team come in from out of town payer money was being used in this dis- there immediately. I met with her. She who is expert in this type of accident gusting way. I had hoped that others understood the urgency and the impor- to help us in dealing with this tragedy. would share my outrage. Unfortu- tance of being on the ground. I was I thank everybody for their help in nately, that has not yet occurred, al- pleased to have the opportunity to trying to do what we could to help though I think it will. meet with her and others during her those who are fighting and helping to Already, the country of Norway has site visit to Ellicott City. I thank her locate the survivors and to those who raised this issue through its Foreign for her coordination with State and were victimized by this explosion. Minister. Just recently, a German par- local officials in responding to this dis- At the Federal level, I commend the liamentarian of the Green Party raised aster. work of the Bureau of Alcohol, To- this issue. Countries are becoming FLOWER BRANCH APARTMENTS EXPLOSION AND bacco, Firearms and Explosives in aware of the fact that they are sub- FIRE IN SILVER SPRING, MARYLAND helping with the investigation of this sidizing terrorist acts by Palestinians Mr. President, I also want to share massive explosion and fire. against Jews and against Americans in with my colleagues another major dis- I am pleased that the National Israel and that aid money which is aster that occurred in Maryland over Transportation Safety Board has going to that country from our coun- the Senate recess. On August 10, a mas- launched a formal investigation into tries—from a number of foreign coun- sive explosion and fire took place at this incident, and that is because there tries—is being used for that purpose.

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.030 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5321 Let me give some of the facts regard- cluding ours, including our State De- terrorists. Yet until I spoke about it in ing that. I want to repeat these. Some partment, and including some legisla- June, I am not aware this subject has of this is a repeat of what I said in tion that was enacted by the Congress. even come up on the Senate floor in June, but I think this is so unconscion- They created a shell game. They sim- any of the recent years. We should be able, such inhumane behavior that we ply took the money that was given to holding hearings on this issue in appro- are subsidizing, that we need to under- the Palestinian Authority, and because priate Senate committees, as there stand what it is and we need to take there was criticism of their use of it as have been recently in the House of Rep- action to make sure this does not con- to these payments, they shifted it to resentatives, and thank goodness for tinue. the PLO through a shell game process that. More of my colleagues should be Since 1998, the Palestinian Author- that they thought we would not dis- demanding that we stop financing such ity, which I will refer to as the PA, has cover, and we did. Fortunately, we did. a scheme and we should enact legisla- been honoring and supporting Pales- Unfortunately, given these facts, tion to impose that solution, if nec- tinian terrorists serving criminal sen- given the fact that we now know what essary. tences in Israeli prisons and rewarding is happening with American taxpayer I can only speculate why outside the families of those terrorists, those dollars and some of our allies’ taxpayer groups that support Israel are also who have committed these criminal dollars, there should not be any ques- hesitant to press Congress to take ac- acts, rewarding their families with fi- tion in terms of what is happening and tion. Some may be reluctant to impose nancial support based on the severity what we ought to do, but apparently more pressure on a financially weak of the crime. many of our leaders have been inten- and dependent PA, believing that it As we have learned through some tionally turning a blind eye to this would deprive Abbas of what little re- documentation obtained, this system practice in the hopes that we will ig- mains of his authority and status as a has now been formalized and expanded nore what is going on. negotiating partner, thus making a ne- by President Abbas’s Presidential di- This nefarious scheme has been going gotiated settlement even less likely. rectives. Palestinian terrorist pris- on now for 18 years and almost no one Even some Israeli officials may share oners are regarded by the PA as patri- has been saying anything about it. this view and have worked for years to otic fighters, as heroes, and actually as That is why I am on the floor today, act as a brake on efforts by Congress to employees of the government of the that is why I was on the floor in June, cut off aid, presumably to preserve the Palestinian Authority. While in prison, and that is why I will be on the floor PA’s stability as a West Bank security they and their families are paid pre- again to continue to bring these facts provider. Well, we have seen where that mium salaries and given extra benefits to light so we can take action to pre- has gone—nowhere. as rewards for their terrorist actions. vent this from happening. Despite possible consequences, we When they are released from custody, Where is the outrage—outrage over simply cannot give the PA a pass to the terrorists then become civil service the fact that a government is delib- support, to condone, and even reward employees. Shockingly, monthly sala- erately encouraging and financially re- terrorism, no matter what the con- ries for both incarcerated and released warding its citizens to engage in a sequences might be. The Palestinian prisoners are on a sliding scale, depend- criminal act. Authority does not deserve immunity ing on the severity of the crime and This administration has explicitly just because of its fragility. These pay- the length of the prison sentence. avoided criticism of the PA on this ments provide rewards and motivations Thus, the more heinous the crime, the matter, and it is ignoring the misuse of for brutal terrorists, plain and simple. longer the sentence, and a longer sen- taxpayer money and helping the PA re- To provide U.S. taxpayer money to tence entitles the criminal and his ward its terrorists to honor its mar- Abbas and his government so they can family to a much higher premium sal- tyrs. It is time they stood up, acknowl- treat terrorists as heroes or glorious ary. For example, a Palestinian pris- edged the facts, and put an end to this. martyrs is morally unacceptable. oner with a 5-year sentence because How can this silence be consistent with To tolerate such an outrage because they committed a criminal act against our antiterrorist efforts and counter- of concern for Abbas’s political future an Israeli or an American citizen or terrorist efforts? How can this silence or preserving the PA’s security role someone who is not a Palestinian re- be ignored? amounts to self-imposed extortion. If ceives about $500 per month, whereas a One answer is that the administra- the PA’s fragile financial condition re- more serious criminal, say serving a 25- tion has ignored the misuse of taxpayer quires U.S. assistance, then it is their year sentence, perhaps for murder, re- dollars simply because it doesn’t want policy—not our policy—that needs to ceives $2,500 a month. It is an incentive to stir the pot. There are problems in change. to do an evermore criminal, heinous the Middle East. We are dealing with a We need an immediate response to act against a human being. They are number of them. I am just speculating, this outrage. paid on a sliding scale basis. That, by but maybe the conclusion is let’s not First, I am working with my col- the way, is six times the average in- raise another issue that could cause leagues to end American financial sup- come of a Palestinian worker. Where further conflict in the Middle East. port for incarcerated terrorists or the else in the world does a prisoner re- Yet there are worse things here than families of these so-called martyrs. We ceive such benefits that actually in- just silence because not only does the will identify the amount of money that crease with the severity and violence of State Department decline to actively flows from the PA to the PLO for this the crime? U.S. Federal prisoners, for oppose these terrorist payments, they purpose and cut U.S. assistance by that instance, earn between 35 cents and even offer false excuses for the outrage, amount, at the very least. $1.15 per hour and certainly not on a excuses no rational person would be- Legislation to that effect is now in sliding scale and certainly not to that lieve. For instance, the Department of both the House and the Senate versions level. State’s Bureau of Counterterrorism of appropriations bills, and we must In May of 2014, Palestinian President said in a recent report that this pay- work together to ensure that this lan- Mahmoud Abbas issued a Presidential ment system was ‘‘an effort to re- guage survives any future omnibus or decree that moved this payment sys- integrate [released prisoners] into soci- continuing resolutions and is repeated tem from the PA to the PLO, the Pal- ety and prevent recruitment by hostile in future appropriations bills. estinian Liberation Organization. The political factions.’’ This is simply an If this partial cutoff of U.S. aid is not openly acknowledged reason for this absurd interpretation of the terrorist sufficient to motivate the Palestinian shift was to sidestep the increasingly rewards programs, and its far more sin- Authority to end this immoral system critical scrutiny of this payment sys- ister motives are obvious to anyone of payments to terrorists, we should tem by foreign governments—including who is paying attention. propose a complete suspension of finan- us, the United States—that are con- At the same time, we must admit cial assistance until they change their tributing so much of the money that that this payment scheme has gotten policy. keeps the PA afloat. So they were re- little or no attention in the Senate. I am aware that suspending assist- ceiving criticism, and there were in- For 18 years, the PA has been using ance to the Palestinians will have quiries by countries providing aid, in- American taxpayer money to reward other consequences that we and Israel

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.031 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5322 CONGRESSIONAL RECORD — SENATE September 7, 2016 will have to address, but I believe the but the family faced astronomical out- buying them because SCHIP is buying pressure that we and other like-minded of-pocket expenses during their treat- them and because Medicare is buying governments could apply to this mat- ment. Abby is on a drug with an aver- them. ter will bring President Abbas and age wholesale price in the United Just last week, we learned that the other Palestinian officials to their States of $367 per day, which is double company that manufacturers EpiPen senses. the average price in other countries. and perhaps other companies have In any case—whether it does that or Another example is a family from found ways to make taxpayers pay not—the moral imperative is clear: Elk River, MN. Due to their son’s aller- even more. Mylan marketed EpiPen Payments that reward and encourage gies, they must buy four EpiPens a like a brand-name drug, right? We terrorism must be stopped and must be year—two for home, one for school, and heard about it this week because they stopped now. one for daycare. That is not overdoing just—and we will appreciate that—in- Mr. President, I yield the floor. it. I can tell you, having had a child troduced a generic version. However, The PRESIDING OFFICER. The Sen- with allergies since she was 4 years old, their other version, their marketing ator from Minnesota. you don’t just buy one. You have to version, controlled at least 85 percent PRESCRIPTION DRUG PRICES buy one for school, then you also have of the market. They would claim they Ms. KLOBUCHAR. Mr. President, I to maybe buy one for grandma’s house, were having some innovations, and rise to bring attention to an urgent and then one gets lost—so you end up that is how they justified that enor- issue affecting all Americans. Actu- not buying just one EpiPen. In reality, mous price increase from $100 to about ally, the No. 1 issue I heard about when most families are buying four to six, $600 from 2009 to the present. I was home—and especially at our which are two packs, three packs, However, through the Medicaid Pro- State fair, which, by the way, is the sometimes even four packs. This fam- gram—so, remember, they are mar- biggest State fair in the country be- ily from Elk River, MN, buys four keting it not as a generic. Everyone cause we don’t count Texas because EpiPens a year: two for home, one for knew that because they just introduced they are open for a month. But there school, and one for daycare. a generic. Well, in the Medicaid Drug were 2 million people, a record crowd, This year the family paid $533 for a Rebate Program they wrongly classi- 1.9 million to be exact. two-pack, even after using Mylan’s fied—we found out this week, when I I went out there most of the days, coupon. They shouldn’t be forced to sent a letter with Senator GRASSLEY and I was able to talk to folks right spend over $1,000 each year just to and Senator BLUMENTHAL, that they where they were. The issue they are make sure their son is safe every single wrongly classified EpiPen as a generic talking about is the high cost of pre- day. drug to the government. To the govern- scription drugs in our country. The I recently heard from a family in ment, they claimed it was a generic price of insulin has tripled in the last Lakeville, MN, whose daughter was di- drug. This classification means that decade. The price of the infectious dis- agnosed with type 1 diabetes. She needs Mylan has been paying lower rebates to ease drug Daraprim has increased 5,000 insulin on a daily basis. This means Medicaid, increasing the burden on tax- percent overnight. The antibiotic paying $100 a month for Humalog, payers. Doxycycline went from $20 a bottle to which is a fast-acting form of insulin. So you think, OK, misclassification, nearly $2,000 a bottle in just 6 months. This significant financial burden is on what does that mean? Well, I can tell Of course, the price for an EpiPen— top of all the other costs they pay for you what that means. which received so much attention over their daughter’s diabetes, including In Minnesota alone—because I spe- the last few weeks, which is used to test strips, an insulin pump, and a glu- cifically asked about Minnesota—in 1 treat life-threatening allergies, my cose monitor. year, my State overpaid an estimated daughter carries one wherever she Unfortunately, these families are not $4.3 million. Why don’t we multiply goes—shot up nearly 500 percent since alone. A recent study showed that one that out by all the States in the Union 2007. out of four Americans whose prescrip- and all the years it has been hap- It seems every week we hear another tion drug costs went up said they were pening? At this point, we do not know disturbing report of drug companies fo- unable to pay their bills. One out of the total amount taxpayers have over- cused on profits. According to a 2016 five were forced to skip doses of their paid on EpiPen or how many other Reuters report, prices for 4 of the Na- medication. Seven percent of people drugs from other companies are tion’s top 10 drugs increased more than even missed a mortgage payment due misclassified. That is why I have called 100 percent since 2011. The report also to rising prescription drug costs. That on the Department of Health and shows that sales for those 10 drugs is just not right, and our country must Human Services to conduct a nation- went up 44 percent between 2011 and do better. wide investigation to determine how 2014, even though they were prescribed I think one of the most frustrating much the misclassification of, first, 22 percent less. things about it, having heard about the EpiPen has cost States and the Federal I continue to hear from people across EpiPen—all because of my role with Government, and, two, to identify my State and the Nation about the this all during the last few weeks—is other misclassified drugs from other burdensome cost of prescription drugs. that I got screen shots of photos of this companies. There are heartbreaking stories about exact same product in Australia for Take these examples from the Cana- huge pricetags that are stretching fam- $150 from someone who saw it online. dian International Pharmacy Associa- ilies’ budgets to a breaking point. This In Great Britain, I was on a show tion. In the United States, a 90-day is just an example. I brought these ex- broadcast out of Europe, and there the supply of ABILIFY, a drug used to amples home with me from the State host had it right there on the screen at treat depression and other mental fair and then brought them to Wash- 150 bucks. In fact, the Canadian health disorders, costs $2,621. In Can- ington. These are from just a few days prices—Minnesota being so close to ada, a 90-day supply of the exact same at our State fair booth, where people Canada—are, on average, 50 percent of drug is only $467, which is over 80 per- came up and filled out cards about American drugs across the board. cent cheaper. their stories of increasing drug prices. Of course, the burden extends beyond So you see these examples of these These are just a few of the emails we patients, the States, and the Federal high-priced drugs. I think one of the have received since August 25 and calls Government. Programs such as Medi- things we need to do—and I don’t know we have received in our office every care, Medicaid, and the State Chil- how those are classified—is to see how single day. dren’s Health Insurance Program, or these are being classified for Medicaid For example, take the Dwyer family SCHIP, paid roughly 41 percent of the purposes. from Cambridge, MN. At 11 years old, Nation’s prescription drug costs. When Working with the Department of Jus- Abby was diagnose with a rare form of drug prices increase with abandon, tice, HHS should use all the tools it leukemia. A few years later, her older American taxpayers are left footing has to recover any overpayments. We brother Aaron was diagnosed with the bill. So people who think, well, I have asked specifically about EpiPen. stage III lymphoma. Thankfully, both don’t need one of those EpiPens, they Well, Mylan paid almost $120 million— Abby and Aaron are doing much better, are paying for it because Medicaid is I don’t think this has been that well

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.032 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5323 known—back in 2009 to correct a gredient, route of administration, and other thing where Minnesotans and misclassification of drugs. That was in dosage form and strength as an FDA- Americans cannot believe this is the 2009. Now we find out with EpiPen, approved drug. case, but in fact the combined incred- which is about 10 percent of their prof- There would also be safeguards to en- ible market power of the seniors of its, that this has been misclassified for sure that the personal importation pro- America has not been unleashed in years and years and years. gram is not subject to abuse. Patients terms of getting good deals for the sen- Misclassification is just one way the must have a valid prescription from a iors of America. government and, as a result, taxpayers doctor. Certain types of drugs, includ- Under current law, prescription drugs are paying more than necessary for ing controlled substances, would not be for Medicare beneficiaries are provided prescription drugs. One thing is abso- permitted. through private prescription drug lutely clear: We must act now to make This is a safe and commonsense step plans. The plans are responsible for the cost of prescription drugs more af- that would save families real money crafting benefit packages and negoti- fordable for all Americans. There is not and inject greater competition. We are ating with pharmaceutical companies one silver bullet that will fix the prob- about competition in this country. for prices and discounts. The Depart- lem across the board, but there are That is how we bring prices down. We ment of Veterans Affairs and Medicaid some commonsense solutions to ad- have a friendly neighbor to the north can currently negotiate drug prices dress the problem. Today I am going to that clearly has lower priced drugs with pharmaceutical companies, but offer four such solutions, any one of than ours, and that is why Senator the law bans Medicare from doing so. which would provide real relief, but the MCCAIN and I have joined, along with This makes no sense, and it is a bad best way is to do all of them. Senators SUSAN COLLINS and ANGUS deal not just for our seniors but for all The first is this. I mentioned Canada KING of Maine and many others, to say: taxpayers. a few times. In fact, I just mentioned Let’s do this. That is one solution. That is why I introduced the Medi- some of the Canadian prices for the A second solution is this: Pay for care Prescription Drug Price Negotia- drugs. In Minnesota we can see Canada delay. This is of one of those things tion Act. This legislation would allow from our porch. They spend a lot less that, when I told our citizens in Min- Medicare to directly negotiate with money than we do on prescription nesota about this at our State fair, drug companies for price discounts. drugs. As I mentioned, last year aver- they could not believe it. Beyond the The Federal Government would lever- age prescription drug prices in Canada drug importation legislation, we can age its large market share to negotiate were less than half as expensive as they crack down on illegal pay-for-delay better prices for more than 30 million were in the United States—a price gap deals that prevent less expensive ge- seniors—that is market power—covered that has expanded significantly over neric drugs from entering the market. under Medicare Part D. the last 10 years. I mentioned a few of Pay-for-delay agreements occur when Last and finally, there is the CRE- them—Abilify. There is Celebrex, an a brand-name drug company—a phar- ATES Act. I worked on this bill with anti-inflammatory drug, which costs maceutical company—pays a generic Senator PATRICK LEAHY, Senator $884 in the United States for a 90-day drug competitor—a potential compet- GRASSLEY, and Senator MIKE LEE to in- troduce the bipartisan Creating and supply. In Canada it is $180. That is itor—not to sell its products. This is Restoring Equal Access to Equivalent nearly 80 percent less. I mentioned going on in the United States of Amer- Samples Act. That is a mouthful, but EpiPen, at $623. Of course, now we are ica. what it would do is to put an end to going to get the rebate and the generic My booth at the State fair is next to strategies that delay generic competi- introduced after a public outcry, which Bob’s Snake Zoo, and sometimes people tion and cost American consumers bil- is not the way it should be working. A come out yelling and screaming be- cause they get a little scared from the lions of dollars. two-pack in Canada costs 62 percent To receive approval from the Food snakes, but this is scarier than that. In less, at $237. and Drug Administration, a generic These staggering differences are why fact, pharma companies are paying ge- must test its products against the I introduced bipartisan legislation with neric companies to keep their products brand name product to establish Republican Senator JOHN MCCAIN to out of the marketplace. equivalence. You would want that. That is why I have introduced the allow Americans to safely import pre- Without access to brand name samples, Preserve Access to Affordable Generics scription drugs from Canada. The Safe there can be no generic product. and Affordable Drugs from Canada Act Act with Republican Senator CHUCK For a long time, generic companies would require the FDA to establish a GRASSLEY of Iowa. This gives the Fed- would simply buy these samples from a personal importation program that eral Trade Commission greater ability wholesaler. Now, some brand name would allow Americans to import a 90- to block these anti-competitive agree- companies prevent generic companies day supply of prescription drugs from ments. from obtaining samples, or the brand an approved Canadian pharmacy. By allowing generic drugs to enter name company simply refuses to nego- Now, there may be other safe drug the market more quickly, the govern- tiate safety protocols with the generic suppliers in other countries. I think we ment would save money through the company. In either case, the longer the know that. But we thought, in order to purchase of lower cost generic sub- brand name company can delay the ge- get the noise down, let’s focus on one stitutes. That is why it is estimated neric company’s approval, the longer country, our neighbor and one of our that limiting these sweetheart deals the brand name maintains its monop- best trading partners, and why not just would generate over $2.9 billion in oly. go with the friendly people of Canada budget savings over 10 years and save The CREATES Act would allow a ge- for an experiment to see how this American consumers billions on their neric drug manufacturer facing one of works to allow some competition by al- prescription drug costs. these delay tactics to bring an action lowing these drugs in from Canada. Who can be against this? You lit- in Federal court in order to obtain the To provide needed safeguards, the erally have two competitors, one ac- needed samples or stop a branded com- FDA would publish an online list of ap- cepting money and one paying them off pany from dragging its heels on negoti- proved Canadian pharmacies so people to keep their products off the market. ating safety protocols. The bill would know where they can purchase safe The Supreme Court heard a case which also allow a Federal judge to award drugs. These approved pharmacies made some difference. The SEC has a damages in order to deter future delay- would need to have both a brick-and- bunch of open cases, but it has been ing conduct. mortar and an online presence, and agreed at hearing after hearing that The Congressional Budget Office esti- they must have been in business for at Senator GRASSLEY and I have held that mates that this bill would save the least 5 years. Also, these pharmacies this would be a smart thing to do. Re- government $2.9 billion over 10 years. would not be permitted to resell prod- member, it would save the government The savings to consumers and private ucts purchased outside of Canada. The $2.9 billion, but it would also save the insurance companies would likely be drugs from Canada would need to be consumers. far greater. dispensed by a licensed pharmacist and The third good idea is allowing Medi- So let’s review this, as my colleagues be required to have the same active in- care to negotiate prices. This is an- come to the floor. Solution No. 1 is to

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.036 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5324 CONGRESSIONAL RECORD — SENATE September 7, 2016 allow for safe drugs from Canada. It gether with the two leaders is excel- and I, can do what we have done before would bring down the prices and would lent. We are going to go to the bill and when we have had conflict among our bring in competition. This is a bipar- any amendments have to be looked at colleagues. We worked it out with Sen- tisan bill—Democrats and Repub- by the two managers, and we have to ators on the other side of the aisle last licans—that I have with Senator JOHN agree before those amendments go into time we did WRDA. We should have a MCCAIN. the managers’ package. chance. I don’t think that—— Solution No. 2 is to allow for more With that, I yield the floor. Mr. REID. If I can interrupt my generic competition by passing the The PRESIDING OFFICER. The friend from California—— CREATES Act, which I just mentioned. Democratic leader. Mrs. BOXER. I will stop. That bill is with Senators LEAHY, Mr. REID. Mr. President, we have Mr. REID. I don’t object. Let’s go GRASSLEY, LEE, and myself. That is a given everyone our amendments. There ahead with the bill. are seven. I think that everything can bipartisan bill that allows for samples Mr. MCCONNELL. Mr. President, be worked out on all of them. There is to go quickly to the generic companies what is the pending business? one that is relevant to the underlying so they can actually create the drugs The PRESIDING OFFICER. The mo- legislation that is offered by the Sen- that will compete and bring the prices tion to proceed to S. 2848. down. ator from Connecticut, Mr. Mr. MCCONNELL. I know of no fur- Solution No. 3 is to stop those pay- BLUMENTHAL. I am not sure that I want ther debate on the motion to proceed. for-delay deals that are unbelievable. to go into this deal where both of you That would bring in, according to CBO have to approve that amendment. I The PRESIDING OFFICER. Is there estimates, $2.9 billion over 10 years, by think he should at least be allowed to further debate? saying to the generics and the pharma have a vote. We have agreed that a Hearing none, the question is on companies: You can’t pay each other to half-hour debate on it is plenty, at agreeing to the motion to proceed. stop competition. Competition helps least on that one. If you can’t work The motion was agreed to. consumers. something out, I want to have a vote And here is the final idea, which I on Blumenthal. That doesn’t sound un- f think is the biggest idea: negotiation reasonable. On six of them, Senator under Medicare Part D. This would fi- BOXER can do what she thinks is appro- WATER RESOURCES nally take the kind of negotiation we priate. On Blumenthal, if you can’t DEVELOPMENT ACT OF 2016 see at the Veterans Administration, work something out to his satisfaction, The PRESIDING OFFICER. The which has brought down the prices for I want a half-hour debate and a vote on clerk will report the bill. the veterans of America, and harness it. the bargaining power of 39 million sen- The PRESIDING OFFICER. The ma- The senior assistant legislative clerk iors so that we get better prices. jority leader. read as follows: These are four ideas, and three of Mr. MCCONNELL. Mr. President, I A bill (S. 2848) to provide for the conserva- them have Democratic and Republican think we have a broad bipartisan tion and development of water and related sponsors. I want to vote on these pro- agreement here that we would like to resources, to authorize the Secretary of the posals because I believe, based on what pass the bill. Nobody wants to be un- Army to construct various projects for im- provements to rivers and harbors of the I saw at our State fair booth—again, reasonable. We have heard from both United States, and for other purposes. with just a few days of the cards we re- the chairman and the ranking member ceived—that these anticompetitive that whatever interest there is in the Thereupon, the Senate proceeded to practices have to stop and we need to bill is related to the bill. What I am consider the bill, which had been re- bring down the prices of prescription going to propound here is an oppor- ported from the Committee on Envi- drugs for the hardworking Americans tunity for us to get onto the bill and to ronment and Public Works, with in this country. move forward. I think this is as close amendment, as follows: I yield the floor. to a good-faith situation as I can imag- (The parts of the bill intended to be The PRESIDING OFFICER (Mr. LEE). ine, and I hope we trust each other stricken are shown in black brackets The Senator from Oklahoma. enough to go forward and complete a and the parts of the bill intended to be Mr. INHOFE. Mr. President, first of bill that almost everybody seems to be inserted are shown in italics.) all, being one of the managers of the in favor of. I don’t know how to reas- S. 2848 bill, the WRDA bill that we are all anx- sure my good friend, the Democratic Be it enacted by the Senate and House of Rep- ious to consider, along with Senator leader, but I hope I have. resentatives of the United States of America in BOXER—she and I as well as the leader- Mr. REID. Mr. President, I do not un- Congress assembled, ship, are in agreement, that we should derstand why we can’t have the two SECTION 1. SHORT TITLE; TABLE OF CONTENTS. take this bill and consider it. I do have managers agree that they will do their (a) SHORT TITLE.—This Act may be cited as a talk I want to give concerning the best to work out these amendments of the ‘‘Water Resources Development Act of bill but with the understanding that I ours and of theirs. But if we can’t, I 2016’’. have been asking for amendments to want to at least have a vote, and you (b) TABLE OF CONTENTS.—The table of con- come forward from the Republicans can vote it down if you have to, but I tents for this Act is as follows: primarily. She has done the same with want to make sure that Blumenthal is Sec. 1. Short title; table of contents. Democrats. I believe there are a num- protected. If we can’t work something Sec. 2. Definition of Secretary. ber of amendments that have come for- out, then we have a vote on it—one Sec. 3. Limitations. ward. However, the way we are going to vote. TITLE I—PROGRAM REFORMS run this is that any amendments that Mr. MCCONNELL. All I would say is Sec. 1001. Study of water resources develop- are going to be considered, No. 1, must there may well be some votes. I would ment projects by non-Federal be germane and, No. 2, have to be ac- recommend people talk to the chair- interests. ceptable by both managers of the bill— man and the ranking member, and let’s Sec. 1002. Advanced funds for water re- Senator BOXER and myself. process the bill. sources development studies With that, I ask that we move for- Mr. REID. Why can’t we have a vote and projects. ward on this bill and yield to the lead- on Blumenthal? That is all—one vote, Sec. 1003. Authority to accept and use mate- ership. 30 minutes. If you work it out to satis- rials and services. The PRESIDING OFFICER. The Sen- faction, we don’t need to have that Sec. 1004. Partnerships with non-Federal en- ator from California. vote. What could be more reasonable tities to protect the Federal in- vestment. Mrs. BOXER. Mr. President, I am in than that? Sec. 1005. Non-Federal study and construc- full agreement with the remarks of my Mrs. BOXER. Mr. President, my un- tion of projects. chairman, Senator INHOFE. Once again, derstanding about this amendment is Sec. 1006. Munitions disposal. I think we have proven we can get this that it is a jurisdictional dispute be- Sec. 1007. Challenge cost-sharing program done. We can get infrastructure done. I tween Democratic Senators. I think for management of recreation think the way the agreement came to- the best way to go is to see if we, Jim facilities.

VerDate Sep 11 2014 10:55 Sep 09, 2016 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0655 E:\RECORD16\SEP2016\S07SE6.REC S07SE6 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5325 Sec. 1008. Structures and facilities con- Sec. 4006. Chesapeake Bay oyster restora- Sec. 7404. Additional funding for certain structed by the Secretary. tion. childhood health programs. Sec. 1009. Project completion. Sec. 4007. North Atlantic coastal region. Sec. 7405. Review and report. Sec. 1010. Contributed funds. Sec. 4008. Rio Grande. Subtitle E—Report on Groundwater Sec. 1011. Application of certain benefits and Sec. 4009. Texas coastal area. Contamination costs included in final feasi- Sec. 4010. Upper Mississippi and Illinois Riv- Sec. 7501. Definitions. bility studies. ers flood risk management. Sec. 7502. Report on groundwater contami- Sec. 1012. Leveraging Federal infrastructure Sec. 4011. Salton Sea, California. nation. for increased water supply. Sec. 4012. Adjustment. Sec. 1013. New England District head- Sec. 4013. Coastal resiliency. Subtitle F—Restoration quarters. Sec. 4014. Regional intergovernmental collabo- PART I—GREAT LAKES RESTORATION Sec. 1014. Buffalo District headquarters. ration on coastal resilience. INITIATIVE Sec. 1015. Completion of ecosystem restora- TITLE V—DEAUTHORIZATIONS Sec. 7611. Great Lakes Restoration Initia- tion projects. Sec. 5001. Deauthorizations. tive. Sec. 1016. Credit for donated goods. Sec. 5002. Conveyances. PART II—LAKE TAHOE RESTORATION Sec. 1017. Structural health monitoring. Sec. 1018. Fish and wildlife mitigation. TITLE VI—WATER RESOURCES Sec. 7621. Findings and purposes. Sec. 1019. Non-Federal interests. INFRASTRUCTURE Sec. 7622. Definitions. Sec. 1020. Discrete segment. Sec. 6001. Authorization of final feasibility Sec. 7623. Improved administration of the Sec. 1021. Funding to process permits. studies. Lake Tahoe Basin Management Sec. 1022. International Outreach Program. Sec. 6002. Authorization of project modifica- Unit. Sec. 1023. Wetlands mitigation. tions recommended by the Sec- Sec. 7624. Authorized programs. Sec. 1024. Use of Youth Service and Con- retary. Sec. 7625. Program performance and ac- servation Corps. Sec. 6003. Authorization of study and modi- countability. Sec. 1025. Debris removal. fication proposals submitted to Sec. 7626. Conforming amendments; updates øSec. 1026. Oyster aquaculture study.¿ Congress by the Secretary. to related laws. Sec. 7627. Authorization of appropriations. Sec. 1026. Aquaculture study. TITLE VII—SAFE DRINKING WATER AND Sec. 7628. Land transfers to improve man- Sec. 1027. Levee vegetation. CLEAN WATER INFRASTRUCTURE Sec. 1028. Planning assistance to States. agement efficiencies of Federal Sec. 7001. Definition of Administrator. Sec. 1029. Prioritization. and State land. Sec. 7002. Sense of the Senate on appropria- Sec. 1030. Kennewick Man. PART III—LONG ISLAND SOUND RESTORATION tions levels and findings on eco- Sec. 1031. Review of Corps of Engineers as- nomic impacts. Sec. 7631. Restoration and stewardship pro- sets. grams. Subtitle A—Drinking Water Sec. 1032. Review of reservoir operations. Sec. 7632. Reauthorization. Sec. 1033. Transfer of excess credit. Sec. 7101. Preconstruction work. Subtitle G—Offset Sec. 1034. Surplus water storage. Sec. 7102. Priority system requirements. Sec. 1035. Hurricane and storm damage re- Sec. 7103. Administration of State loan Sec. 7701. Offset. duction. funds. SEC. 2. DEFINITION OF SECRETARY. Sec. 1036. Fish hatcheries. Sec. 7104. Other authorized activities. In this Act, the term ‘‘Secretary’’ means Sec. 1037. Feasibility studies and watershed Sec. 7105. Negotiation of contracts. the Secretary of the Army. assessments. Sec. 7106. Assistance for small and disadvan- SEC. 3. LIMITATIONS. Sec. 1038. Shore damage prevention or mitiga- taged communities. Nothing in this Act— tion. Sec. 7107. Reducing lead in drinking water. (1) supersedes or modifies any written TITLE II—NAVIGATION Sec. 7108. Regional liaisons for minority, agreement between the Federal Government tribal, and low-income commu- Sec. 2001. Projects funded by the Inland Wa- and a non-Federal interest that is in effect nities. terways Trust Fund. on the date of enactment of this Act; Sec. 7109. Notice to persons served. Sec. 2002. Operation and maintenance of (2) supersedes or authorizes any amend- Sec. 7110. Electronic reporting of drinking fuel-taxed inland waterways. ment to a multistate water control plan, in- water data. Sec. 2003. Funding for harbor maintenance cluding the Missouri River Master Water Sec. 7111. Lead testing in school and child programs. Control Manual (as in effect on the date of care drinking water. Sec. 2004. Dredged material disposal. enactment of this Act); Sec. 7112. WaterSense program. Sec. 2005. Cape Arundel disposal site, Maine. (3) affects any water right in existence on Sec. 7113. Water supply cost savings. Sec. 2006. Maintenance of harbors of refuge. the date of enactment of this Act; Sec. 2007. Aids to navigation. Subtitle B—Clean Water (4) preempts or affects any State water law Sec. 2008. Beneficial use of dredged material. Sec. 7201. Sewer overflow control grants. or interstate compact governing water; or Sec. 2009. Operation and maintenance of har- Sec. 7202. Small treatment works. (5) affects any authority of a State, as in bor projects. Sec. 7202. Small and medium treatment works. effect on the date of enactment of this Act, Sec. 2010. Additional measures at donor Sec. 7203. Integrated plans. to manage water resources within the State. ports and energy transfer ports. Sec. 7204. Green infrastructure promotion. TITLE I—PROGRAM REFORMS Sec. 2011. Harbor deepening. Sec. 7205. Financial capability guidance. SEC. 1001. STUDY OF WATER RESOURCES DEVEL- Sec. 2012. Operations and maintenance of in- Subtitle C—Innovative Financing and OPMENT PROJECTS BY NON-FED- land Mississippi River ports. Promotion of Innovative Technologies ERAL INTERESTS. Sec. 2013. Implementation guidance. Section 203 of the Water Resources Devel- Sec. 7301. Water infrastructure public-pri- Sec. 2014. Remote and subsistence harbors. opment Act of 1986 (33 U.S.C. 2231) is amend- vate partnership pilot program. Sec. 2015. Non-Federal interest dredging au- ed by adding at the end the following: Sec. 7302. Water infrastructure finance and thority. ‘‘(e) TECHNICAL ASSISTANCE.—On the re- innovation. Sec. 2016. Transportation cost savings. quest of a non-Federal interest, the Sec- Sec. 7303. Water Infrastructure Investment Sec. 2017. Dredged material. retary may provide technical assistance re- Trust Fund. lating to any aspect of the feasibility study TITLE III—SAFETY IMPROVEMENTS Sec. 7304. Innovative water technology grant if the non-Federal interest contracts with Sec. 3001. Rehabilitation assistance for non- program. the Secretary to pay all costs of providing Federal flood control projects. Sec. 7305. Water Resources Research Act the technical assistance.’’. Sec. 3002. Rehabilitation of existing levees. amendments. Sec. 3003. Maintenance of high risk flood Sec. 7306. Reauthorization of Water Desali- SEC. 1002. ADVANCED FUNDS FOR WATER RE- control projects. nation Act of 1996. SOURCES DEVELOPMENT STUDIES AND PROJECTS. Sec. 3004. Rehabilitation of high hazard po- Sec. 7307. National drought resilience guide- The Act of October 15, 1940 (33 U.S.C. 701h– tential dams. lines. 1), is amended— Sec. 7308. Innovation in Clean Water State TITLE IV—RIVER BASINS, WATERSHEDS, (1) in the first sentence— Revolving Funds. AND COASTAL AREAS (A) by striking ‘‘Whenever any’’ and in- Sec. 7309. Innovation in the Drinking Water Sec. 4001. Gulf Coast oyster bed recovery serting the following: State Revolving Fund. plan. ‘‘(a) IN GENERAL.—Whenever any’’; Sec. 4002. Columbia River. Subtitle D—Drinking Water Disaster Relief (B) by striking ‘‘a flood-control project Sec. 4003. Missouri River. and Infrastructure Investments duly adopted and authorized by law’’ and in- Sec. 4004. Puget Sound nearshore ecosystem Sec. 7401. Drinking water infrastructure. serting ‘‘an authorized water resources de- restoration. Sec. 7402. Loan forgiveness. velopment study or project,’’; and Sec. 4005. Ice jam prevention and mitiga- Sec. 7403. Registry for lead exposure and ad- (C) by striking ‘‘such work’’ and inserting tion. visory committee. ‘‘such study or project’’;

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(2) in the second sentence— include the amount of funds provided by a ‘‘(2) CORPS OF ENGINEERS AS A COOPERATING (A) by striking ‘‘The Secretary of the non-Federal interest under this section as a AGENCY.—If the Corps of Engineers is not the Army’’ and inserting the following: cost of the study, design, or construction. lead Federal agency for an environmental re- ‘‘(b) REPAYMENT.—The Secretary of the øSEC. 1006. MUNITIONS DISPOSAL. view described in paragraph (1), the Chief of Army’’; and øSection 1027(b) of the Water Resources Re- Engineers shall, to the maximum extent (B) by striking ‘‘from appropriations which form and Development Act of 2014 (33 U.S.C. practicable— may be provided by Congress for flood-con- 426e–2(b)) is amended by striking ‘‘funded’’ ‘‘(A) participate in the review as a cooper- trol work’’ and inserting ‘‘if specific appro- and inserting ‘‘reimbursed’’.¿ ating agency (unless the Chief of Engineers priations are provided by Congress for such SEC. 1006. MUNITIONS DISPOSAL. does not intend to submit comments on the purpose’’; and Section 1027 of the Water Resources Reform project); and (3) by adding at the end the following: and Development Act of 2014 (33 U.S.C. 426e–2) ‘‘(B) adopt and use any environmental doc- ‘‘(c) DEFINITION OF STATE.—In this section, is amended— ument prepared under the National Environ- the term ‘State’ means— (1) in subsection (a), in the matter preceding mental Policy Act of 1969 (42 U.S.C. 4321 et ‘‘(1) a State; paragraph (1), by inserting ‘‘, at full Federal ex- seq.) by the lead agency to the same extent ‘‘(2) the District of Columbia; pense,’’ after ‘‘The Secretary may’’; and that a Federal agency could adopt or use a ‘‘(3) the Commonwealth of Puerto Rico; (2) in subsection (b), by striking ‘‘funded’’ document prepared by another Federal agen- ‘‘(4) any other territory or possession of and inserting ‘‘reimbursed’’. cy under— the United States; and SEC. 1007. CHALLENGE COST-SHARING PROGRAM ‘‘(i) the National Environmental Policy ‘‘(5) a federally recognized Indian tribe or a FOR MANAGEMENT OF RECREATION Act of 1969 (42 U.S.C. 4321 et seq.); and Native village, Regional Corporation, or Vil- FACILITIES. ‘‘(ii) parts 1500 through 1508 of title 40, lage Corporation (as those terms are defined Section 225 of the Water Resources Devel- Code of Federal Regulations (or successor in section 3 of the Alaska Native Claims Set- opment Act of 1992 (33 U.S.C. 2328) is amend- regulations).’’. tlement Act (43 U.S.C. 1602)).’’. ed— SEC. 1009. PROJECT COMPLETION. (1) by redesignating subsection (c) as sub- SEC. 1003. AUTHORITY TO ACCEPT AND USE MA- For any project authorized under section TERIALS AND SERVICES. section (d); and 219 of the Water Resources Development Act Section 1024 of the Water Resources Re- (2) by inserting after subsection (b) the fol- of 1992 (Public Law 102–580; 106 Stat. 4835), form and Development Act of 2014 (33 U.S.C. lowing: the authorization of appropriations is in- ‘‘(c) USER FEES.— 2325a) is amended— creased by the amount, including in incre- ‘‘(1) COLLECTION OF FEES.— (1) by striking subsection (a) and inserting ments, necessary to allow completion of the ‘‘(A) IN GENERAL.—The Secretary may the following: project if— allow a non-Federal public or private entity ‘‘(a) IN GENERAL.—Subject to subsection (1) as of the date of enactment of this Act, that has entered into an agreement pursuant (b), the Secretary is authorized to accept and the project has received more than $4,000,000 to subsection (b) to collect user fees for the use materials, services, or funds contributed in Federal appropriations and those appro- use of developed recreation sites and facili- by a non-Federal public entity, a nonprofit priations equal an amount that is greater ties, whether developed or constructed by entity, or a private entity to repair, restore, than 80 percent of the authorized amount; that entity or the Department of the Army. replace, or maintain a water resources (2) significant progress has been dem- ‘‘(B) USE OF VISITOR RESERVATION SERV- project in any case in which the District onstrated toward completion of the project ICES.—A public or private entity described in Commander determines that— or segments of the project but the project is subparagraph (A) may use to manage fee col- ‘‘(1) there is a risk of adverse impacts to not complete as of the date of enactment of lections and reservations under this section the functioning of the project for the author- this Act; and any visitor reservation service that the Sec- ized purposes of the project; and (3) the benefits of the Federal investment retary has provided for by contract or inter- ‘‘(2) acceptance of the materials and serv- will not be realized without an increase in agency agreement, subject to such terms and ices or funds is in the public interest.’’; and the authorization of appropriations to allow conditions as the Secretary determines to be (2) in subsection (c), in the matter pre- completion of the project. appropriate. ceding paragraph (1)— SEC. 1010. CONTRIBUTED FUNDS. ‘‘(2) USE OF FEES.—A non-Federal public or (A) by striking ‘‘Not later than 60 days (a) USE OF CONTRIBUTED FUNDS IN ADVANCE private entity that collects user fees under after initiating an activity under this sec- OF APPROPRIATIONS.—Section 5 of the Act of paragraph (1) may— tion,’’ and inserting ‘‘Not later than Feb- June 22, 1936 (33 U.S.C. 701h) (commonly ‘‘(A) retain up to 100 percent of the fees ruary 1 of each year after the first fiscal year known as the ‘‘Flood Control Act of 1936’’), is collected, as determined by the Secretary; in which materials, services, or funds are ac- amended by striking ‘‘funds appropriated by and cepted under this section,’’; and the United States for’’. ‘‘(B) notwithstanding section 210(b)(4) of (B) by striking ‘‘a report’’ and inserting (b) REPORT.—Section 1015 of the Water Re- the Flood Control Act of 1968 (16 U.S.C. 460d– ‘‘an annual report’’. sources Reform and Development Act of 2014 3(b)(4)), use that amount for operation, main- is amended by striking subsection (b) (33 SEC. 1004. PARTNERSHIPS WITH NON-FEDERAL tenance, and management at the recreation U.S.C. 701h note; Public Law 113–121) and in- ENTITIES TO PROTECT THE FED- site at which the fee is collected. ERAL INVESTMENT. serting the following: ‘‘(3) TERMS AND CONDITIONS.—The authority ‘‘(b) REPORT.—Not later than February 1 of (a) IN GENERAL.—Subject to subsection (c), of a non-Federal public or private entity each year, the Secretary shall submit to the the Secretary is authorized to partner with a under this subsection shall be subject to Committees on Environment and Public non-Federal interest for the maintenance of such terms and conditions as the Secretary Works and Appropriations of the Senate and a water resources project to ensure that the determines necessary to protect the inter- the Committees on Transportation and In- project will continue to function for the au- ests of the United States.’’. frastructure and Appropriations of the House thorized purposes of the project. SEC. 1008. STRUCTURES AND FACILITIES CON- of Representatives a report that— (b) FORM OF PARTNERSHIP.—Under a part- STRUCTED BY THE SECRETARY. ‘‘(1) describes the number of agreements nership referred to in subsection (a), the Sec- Section 14 of the Act of March 3, 1899 (33 executed in the previous fiscal year for the retary is authorized to accept and use funds, U.S.C. 408) (commonly known as the ‘‘Rivers acceptance of contributed funds under sec- materials, and services contributed by the and Harbors Act of 1899’’), is amended— tion 5 of the Act of June 22, 1936 (33 U.S.C. non-Federal interest. (1) by striking ‘‘That it shall not be law- 701h) (commonly known as the ‘Flood Con- (c) NO CREDIT OR REIMBURSEMENT.—Any ful’’ and inserting the following: trol Act of 1936’); and entity that contributes materials, services, ‘‘(a) PROHIBITIONS AND PERMISSIONS.—It ‘‘(2) includes information on the projects or funds under this section shall not be eligi- shall not be lawful’’; and and amounts of contributed funds referred to ble for credit, reimbursement, or repayment (2) by adding at the end the following: in paragraph (1).’’. for the value of those materials, services, or ‘‘(b) LOCAL FLOOD PROTECTION WORKS.— funds. SEC. 1011. APPLICATION OF CERTAIN BENEFITS Permission under subsection (a) for alter- AND COSTS INCLUDED IN FINAL SEC. 1005. NON-FEDERAL STUDY AND CONSTRUC- ations to a Federal levee, floodwall, or flood FEASIBILITY STUDIES. TION OF PROJECTS. risk management channel project øand asso- (a) IN GENERAL.—For a navigation project (a) IN GENERAL.—The Secretary may ac- ciated features¿ may be granted by a Dis- authorized after November 7, 2007, involving cept and expend funds provided by non-Fed- trict Engineer of the Department of the offshore oil and gas fabrication ports, the eral interests to undertake reviews, inspec- Army øor an authorized representative.¿ recommended plan by the Chief of Engineers tions, monitoring, and other Federal activi- ‘‘(c) CONCURRENT REVIEW.— shall be the plan that uses the value of fu- ties related to non-Federal interests car- ‘‘(1) IN GENERAL.—In any case in which an ture energy exploration and production fab- rying out the study, design, or construction activity subject to this section requires a re- rication contracts and the transportation of water resources development projects view under the National Environmental Pol- savings that would result from a larger navi- under section 203 or 204 of the Water Re- icy Act of 1969 (42 U.S.C. 4321 et seq.), review gation channel in accordance with section sources Development Act of 1986 (33 U.S.C. and approval under this section shall, to the 6009 of the Emergency Supplemental Appro- 2231, 2232) or any other Federal law. maximum extent practicable, occur concur- priations Act for Defense, the Global War on (b) INCLUSION IN COSTS.—In determining rently with any review and decisions made Terror, and Tsunami Relief, 2005 (Public Law credit or reimbursement, the Secretary may under that Act. 109–13; 119 Stat. 282).

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(b) SPECIAL RULE.—In addition to projects for the period during which the studies and project shall cease 10 years after the date on described in subsection (a), this section shall engineering are being conducted. which the Secretary makes a determination apply to— (g) EXCLUSION.—This section shall not of success under subsection (b)(2).’’. (1) a project that has undergone an eco- apply to reservoirs owned and operated by SEC. 1016. CREDIT FOR DONATED GOODS. nomic benefits update; and the Corps of Engineers in— Section 221(a)(4)(D)(iv) of the Flood Con- (2) at the request of the non-Federal spon- (1) the Upper Missouri River; trol Act of 1970 (42 U.S.C. 1962d- sor, any ongoing feasibility study for which (2) the øApalachicola-Chattahoochee¿ Apa- 5b(a)(4)(D)(iv)) is amended— the benefits under section 6009 of the Emer- lachicola-Chattahoochee-Flint river system; (1) by inserting ‘‘regardless of the cost in- gency Supplemental Appropriations Act for and curred by the non-Federal interest,’’ before Defense, the Global War on Terror, and Tsu- (3) the Alabama-Coosa-Tallapoosa river ‘‘shall not’’; and nami Relief, 2005 (Public Law 109–13; 119 system. (2) by striking ‘‘costs’’ and inserting Stat. 282) may apply. SEC. 1013. NEW ENGLAND DISTRICT HEAD- ‘‘value’’. SEC. 1012. LEVERAGING FEDERAL INFRASTRUC- QUARTERS. SEC. 1017. STRUCTURAL HEALTH MONITORING. TURE FOR INCREASED WATER SUP- (a) IN GENERAL.—Subject to subsection (b), (a) IN GENERAL.—The Secretary shall de- PLY. using amounts available in the revolving sign and develop a structural health moni- (a) IN GENERAL.—At the request of a non- fund established by section 101 of the Civil toring program to assess and improve the Federal interest, the Secretary shall review Functions Appropriations Act, 1954 (33 U.S.C. condition of infrastructure constructed and proposals to increase the quantity of avail- 576) and not otherwise obligated, the Sec- maintained by the Corps of Engineers, in- able supplies of water through— retary may— cluding ødesign and development¿ research, (1) modification of a water resources (1) design, renovate, and construct addi- design, and development of systems and project; tions to 2 buildings located on Hanscom Air frameworks for— (2) modification of how a project is man- Force Base in Bedford, Massachusetts for the (1) response to flood and earthquake aged; or headquarters of the New England District of events; (3) accessing water released from a project. the Army Corps of Engineers; and (2) pre-disaster mitigation measures; øand¿ (b) PROPOSALS INCLUDED.—A proposal (2) carry out such construction and infra- (3) lengthening the useful life of the under subsection (a) may include— structure improvements as are required to infrastructure.; and (1) increasing the storage capacity of a res- support the headquarters of the New England (4) identifying risks due to sea level rise. ervoir owned by the Corps of Engineers; District of the Army Corps of Engineers, in- (b) CONSULTATION AND CONSIDERATION.—In (2) diversion of water released from a res- cluding any necessary demolition of the ex- developing the program under subsection (a), ervoir owned by the Corps of Engineers— isting infrastructure. (A) to recharge groundwater; the Secretary shall— (b) REQUIREMENT.—In carrying out sub- (1) consult with academic and other ex- (B) to aquifer storage and recovery; or section (a), the Secretary shall ensure that perts; and (C) to any other storage facility; the revolving fund established by section 101 (2) consider models for maintenance and (3) construction of facilities for delivery of of the Civil Functions Appropriations Act, repair information, the development of deg- water from pumping stations constructed by 1954 (33 U.S.C. 576) is appropriately reim- radation models for real-time measurements the Corps of Engineers; bursed from funds appropriated for programs and environmental inputs, and research on (4) construction of facilities to access that receive a benefit under this section. water; and qualitative inspection data as surrogate sen- SEC. 1014. BUFFALO DISTRICT HEADQUARTERS. (5) a combination of the activities de- sors. (a) IN GENERAL.—Subject to subsection (b), scribed in paragraphs (1) through (4). SEC. 1018. FISH AND WILDLIFE MITIGATION. using amounts available in the revolving (c) AUTHORITIES.—A proposal submitted to Section 906 of the Water Resources Devel- fund established by section 101 of the Civil the Secretary under subsection (a) may be opment Act of 1986 (33 U.S.C. 2283) is amend- Functions Appropriations Act, 1954 (33 U.S.C. reviewed or approved, as appropriate, ed— 576) and not otherwise obligated, the Sec- under— (1) in subsection (h)— retary may— (1) sections 203 and 204 of the Water Re- (A) in paragraph (4)— (1) design and construct a new building in sources Development Act of 1986 (33 U.S.C. (i) by redesignating subparagraphs (D) and Buffalo, New York, for the headquarters of 2231, 2232); (E) as subparagraphs (E) and (F), respec- the Buffalo District of the Army Corps of En- (2) section 216 of the Flood Control Act of tively; and gineers; and 1970 (33 U.S.C. 549a); (ii) by inserting after subparagraph (C) the (2) carry out such construction and infra- (3) section 301 of the Water Supply Act of following: structure improvements as are required to 1958 (43 U.S.C. 390b); and ‘‘(D) include measures to protect or restore support the headquarters and related instal- (4) section 14 of the Act of March 3, 1899 habitat connectivity’’; and lations and facilities of the Buffalo District (commonly known as the ‘‘Rivers and Har- (B) in paragraph (6)(C), by striking ‘‘im- of the Army Corps of Engineers, including bors Appropriation Act of 1899’’) (33 U.S.C. pacts’’ and inserting ‘‘impacts, including im- any necessary demolition or renovation of 408). pacts to habitat connectivity’’; and the existing infrastructure. (d) COST SHARE.— (2) by adding at the end the following: (b) REQUIREMENT.—In carrying out sub- (1) IN GENERAL.—Except as provided in ‘‘(j) USE OF FUNDS.—The Secretary may section (a), the Secretary shall ensure that paragraph (2), 100 percent of the cost of de- use funds made available for preconstruction the revolving fund established by section 101 veloping, reviewing, and implementing a pro- engineering and design prior to authoriza- of the Civil Functions Appropriations Act, posal under subsection (a) shall be provided tion of project construction to satisfy miti- 1954 (33 U.S.C. 576) is appropriately reim- by an entity other than the Federal Govern- gation requirements through third-party ar- bursed from funds appropriated for programs ment. rangements or to acquire interests in land that receive a benefit under this section. (2) COST ALLOCATION.—A non-Federal enti- necessary for meeting mitigation require- ty shall only be required to pay to the Sec- SEC. 1015. COMPLETION OF ECOSYSTEM RES- ments under this section.’’. retary the separable costs associated with TORATION PROJECTS. SEC. 1019. NON-FEDERAL INTERESTS. operation and maintenance of a dam that are Section 2039 of the Water Resources Devel- Section 221(b)(1) of the Flood Control Act necessary to implement a proposal under opment Act of 2007 (33 U.S.C. 2330a) is amend- of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended subsection (a). ed by adding at the end the following: (e) CONTRIBUTED FUNDS.—The Secretary ‘‘(d) INCLUSIONS.—A monitoring plan under by inserting ‘‘or a Native village, Regional may receive from a non-Federal interest subsection (b) shall include a description of— Corporation, or Village Corporation (as those funds contributed by the non-Federal inter- ‘‘(1) the types and number of restoration terms are defined in section 3 of the Alaska est for the review and approval of a proposal activities to be conducted; Native Claims Settlement Act (43 U.S.C. submitted under subsection (a). ‘‘(2) the physical action to be undertaken 1602))’’ after ‘‘Indian tribe’’. (f) STUDIES AND ENGINEERING.— to achieve the restoration objectives of the SEC. 1020. DISCRETE SEGMENT. (1) IN GENERAL.—On request by an appro- project; Section 204 of the Water Resources Devel- priate non-Federal interest and subject to ‘‘(3) the functions and values that will re- opment Act of 1986 (33 U.S.C. 2232) is amend- paragraph (2), the Secretary may— sult from the restoration plan; and ed— (A) undertake all necessary studies and en- ‘‘(4) a contingency plan for taking correc- (1) by striking ‘‘project or separable ele- gineering for construction of a proposal ap- tive actions in cases in which monitoring ment’’ each place it appears and inserting proved by the Secretary under this section; demonstrates that restoration measures are ‘‘project, separable element, or discrete seg- and not achieving ecological success in accord- ment’’; (B) provide technical assistance in obtain- ance with criteria described in the moni- (2) by striking ‘‘project, or separable ele- ing all necessary permits for the construc- toring plan. ment thereof,’’ each place it appears and in- tion. ‘‘(e) CONCLUSION OF OPERATION AND MAIN- serting ‘‘project, separable element, or dis- (2) REQUIREMENT.—Paragraph (1) shall only TENANCE RESPONSIBILITY.—The responsibility crete segment of a project’’; apply if the non-Federal interest contracts of the non-Federal sponsor for operation, (3) in subsection (a)— with the Secretary to provide funds for the maintenance, repair, replacement, and reha- (A) by redesignating paragraphs (1) studies, engineering, or technical assistance bilitation of the ecosystem restoration through (3) as subparagraphs (A) through (C),

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5328 CONGRESSIONAL RECORD — SENATE September 7, 2016 respectively, and indenting appropriately; ‘‘(C) offering technical services that can- on Energy and Natural Resources of the Sen- and not be readily obtained in the private sector ate and the Committees on Transportation (B) by striking the subsection designation to be incorporated into water resources and Infrastructure and on Natural Resources and all that follows through ‘‘In this section, projects if the costs for assistance will be re- of the House of Representatives a report con- the’’ and inserting the following: covered under the terms of each project.’’. taining the findings of the assessment con- ‘‘(a) DEFINITIONS.—In this section: SEC. 1023. WETLANDS MITIGATION. ducted under subsection (a).¿ ‘‘(1) DISCRETE SEGMENT.—The term ‘dis- Section 2036(c) of the Water Resources De- SEC. 1026. AQUACULTURE STUDY. crete segment’, with respect to a project, velopment Act of 2007 (33 U.S.C. 2317b) is (a) IN GENERAL.—The Comptroller General means a physical portion of the project, as amended by adding at the end the following: shall carry out an assessment of the shellfish described in design documents, that is envi- ‘‘(4) MITIGATION BANKS.— aquaculture industry, including— ronmentally acceptable, is complete, will ‘‘(A) IN GENERAL.—Not later than 180 days (1) an examination of Federal and State laws not create a hazard, and functions independ- after the date of enactment of this para- (including regulations) in each relevant district ently so that the non-Federal sponsor can graph, the Secretary shall issue implementa- of the Corps of Engineers; (2) the number of shellfish aquaculture leases, operate and maintain the discrete segment tion guidance that provides for the consider- verifications, or permits in place in each rel- in advance of completion of the total project ation of the entire amount of potential cred- or separable element of the project. evant district of the Corps of Engineers; its available at in-kind, in-basin mitigation (3) the period of time required to secure a ‘‘(2) WATER RESOURCES DEVELOPMENT banks and in-lieu fee programs for water re- shellfish aquaculture lease, verification, or per- PROJECT.—The’’; source development project feasibility stud- mit from each relevant jurisdiction; and (4) in subsection (b)(1), in the matter pre- ies. (4) the experience of the private sector in ap- ceding subparagraph (A), by striking ‘‘(B) REQUIREMENTS.—All potential mitiga- plying for shellfish aquaculture permits from ‘‘project, or separate element thereof’’ and tion bank and in-lieu fee credits shall be con- different jurisdictions of the Corps of Engineers inserting ‘‘project, separable element, or dis- sidered a reasonable alternative for planning and different States. crete segment of a project’’; and purposes if the applicable mitigation bank— (b) STUDY AREA.—The study area shall com- (5) in subsection (d)— ‘‘(i) has an approved mitigation banking prise, to the maximum extent practicable, the (A) in paragraph (3)(B), in the matter pre- instrument; and following applicable locations: ceding clause (i), by striking ‘‘project’’ and ‘‘(ii) has completed a functional analysis of (1) The Chesapeake Bay. inserting ‘‘project, separable element, or dis- the potential credits using the approved (2) The Gulf Coast States. crete segment’’; Corps of Engineers certified habitat assess- (3) The State of California. (B) in paragraph (4), in the matter pre- ment model specific to the region.’’. (4) The State of Washington. (c) FINDINGS.—Not later than 225 days after ceding subparagraph (A), by striking SEC. 1024. USE OF YOUTH SERVICE AND CON- ‘‘project, or a separable element of a water SERVATION CORPS. the date of enactment of this Act, the Comp- resources development project,’’ and insert- Section 213 of the Water Resources Devel- troller General shall submit to the Committees ing ‘‘project, separable element, or discrete opment Act of 2000 (33 U.S.C. 2339) is amend- on Environment and Public Works and on En- segment of a project’’; and ed by adding at the end the following: ergy and Natural Resources of the Senate and the Committees on Transportation and Infra- (C) by adding at the end the following: ‘‘(d) YOUTH SERVICE AND CONSERVATION structure and on Natural Resources of the ‘‘(5) REPAYMENT OF REIMBURSEMENT.—If the CORPS.—The Secretary shall encourage each non-Federal interest receives reimbursement district of the Corps of Engineers to enter House of Representatives a report containing for a discrete segment of a project and fails into cooperative agreements authorized the findings of the assessment conducted under subsection (a). to complete the entire project or separable under this section with qualified youth serv- element of the project, the non-Federal in- ice and conservation corps to perform appro- SEC. 1027. LEVEE VEGETATION. terest shall repay to the Secretary the priate projects.’’. (a) IN GENERAL.—Section 3013(g)(1) of the Water Resources Reform and Development amount of the reimbursement, plus inter- SEC. 1025. DEBRIS REMOVAL. est.’’. Act of 2014 (33 U.S.C. 701n note; Public Law Section 3 of the Act entitled ‘‘An Act au- 113–121) is amended— SEC. 1021. FUNDING TO PROCESS PERMITS. thorizing the construction, repair, and pres- (1) by inserting ‘‘remove existing vegeta- Section 214(a) of the Water Resources De- ervation of certain public works on rivers tion or’’ after ‘‘the Secretary shall not’’; and velopment Act of 2000 (33 U.S.C. 2352(a)) is and harbors, and for other purposes’’, ap- (2) by striking ‘‘as a condition or require- amended— proved March 2, 1945 (33 U.S.C. 603a), is ment for any approval or funding of a (1) in paragraph (1), by adding at the end amended— project, or any other action’’. the following: (1) by striking ‘‘$1,000,000’’ and inserting (b) REPORT.—Not later than 30 days after ‘‘(C) RAIL CARRIER.—The term ‘rail carrier’ ‘‘$5,000,000’’; øand¿ the enactment of this Act, the Secretary has the meaning given the term in section (2) by øinserting¿ striking ‘‘accumulated shall submit to the Committee on Environ- 10102 of title 49, United States Code.’’; snags and other debris’’ and inserting ‘‘accu- ment and Public Works of the Senate and (2) in paragraph (2), by striking ‘‘or natural mulated snags, obstructions, and other de- the Committee on Transportation and Infra- gas company’’ and inserting ‘‘, natural gas bris located in or adjacent to a Federal chan- structure of the House of Representatives a company, or rail carrier’’; nel’’.; and report that— (3) in paragraph (3), by striking ‘‘or natural (3) by striking ‘‘or flood control’’ and insert- (1) describes the reasons for the failure of gas company’’ and inserting ‘‘, natural gas ing ‘‘, flood control, or recreation’’. the Secretary to meet the deadlines in sub- company, or rail carrier’’; and øSEC. 1026. OYSTER AQUACULTURE STUDY. section (f) of section 3013 of the Water Re- (4) in paragraph (5), by striking ‘‘and nat- (a) IN GENERAL.—The Comptroller General sources Reform and Development Act of 2014 ural gas companies’’ and inserting ‘‘, natural shall carry out an assessment of the oyster (33 U.S.C. 701n note; Public Law 113–121); and gas companies, and rail carriers, including aquaculture industry, including— (2) provides a plan for completion of the ac- an evaluation of the compliance with all re- (1) an examination of Federal and State tivities required in that subsection (f). quirements of this section and, with respect laws (including regulations) in each relevant SEC. 1028. PLANNING ASSISTANCE TO STATES. to a permit for those entities, the require- district of the Corps of Engineers; Section 22(a)(1) of the Water Resources De- ments of all applicable Federal laws’’. (2) the number, structure, funding, and reg- velopment Act of 1974 (42 U.S.C. 1962d- SEC. 1022. INTERNATIONAL OUTREACH PRO- ulation of oyster hatcheries in each State; 16(a)(1)) is amended— GRAM. (3) the number of oyster aquaculture leases (1) by inserting ‘‘, a group of States, or a Section 401 of the Water Resources Devel- in place in each relevant district of the Corps regional or national consortia of States’’ opment Act of 1992 (33 U.S.C. 2329) is amend- of Engineers; after ‘‘working with a State’’; and ed by striking subsection (a) and inserting (4) the period of time required to secure an (2) by striking ‘‘located within the bound- the following: oyster aquaculture lease from each relevant aries of such State’’. ‘‘(a) AUTHORIZATION.— jurisdiction; and SEC. 1029. PRIORITIZATION. ‘‘(1) IN GENERAL.—The Secretary may en- (5) the experience of the private sector in Section 1011 of the Water Resources Re- gage in activities to inform the United applying for oyster aquaculture permits form and Development Act of 2014 (33 U.S.C. States of technological innovations abroad from different jurisdictions of the Corps of 2341a) is amended— that could significantly improve water re- Engineers and different States. (1) in subsection (a)— sources development in the United States. (b) STUDY AREA.—The study area shall (A) in paragraph (1)(C), by inserting ‘‘re- ‘‘(2) INCLUSIONS.—Activities under para- comprise, to the maximum extent prac- store or’’ before ‘‘prevent the loss’’; and graph (1) may include— ticable, the following applicable locations: (B) in paragraph (2)— ‘‘(A) development, monitoring, assessment, (1) The Chesapeake Bay. (i) in the matter preceding subparagraph and dissemination of information about for- (2) The Gulf Coast States. (A), by striking ‘‘the date of enactment of eign water resources projects that could sig- (3) The State of California. this Act’’ and inserting ‘‘the date of enact- nificantly improve water resources develop- (4) Puget Sound. ment of the Water Resources Development ment in the United States; (c) FINDINGS.—Not later than 225 days after Act of 2016’’; and ‘‘(B) research, development, training, and the date of enactment of this Act, the Comp- (ii) in subparagraph (A)(ii), by striking other forms of technology transfer and ex- troller General shall submit to the Commit- ‘‘that—’’ and all that follows through ‘‘(II)’’ change; and tees on Environment and Public Works and and inserting ‘‘that’’; and

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5329 (2) in subsection (b)— ‘‘(6) The extent to which the property has (A) authorizes the Secretary to carry out (A) in paragraph (1), by redesignating sub- economic, cultural, historic, or recreational any project or activity for a purpose not oth- paragraphs (A) through (C) as clauses (i) significance or impacts at the national, erwise authorized as of the date of enact- through (iii), respectively, and indenting ap- State, or local level.’’. ment of this Act; or propriately; SEC. 1032. REVIEW OF RESERVOIR OPERATIONS. (B) affects or modifies any obligation of (B) by redesignating paragraphs (1) and (2) (a) IN GENERAL.—The Secretary, in con- the Secretary under Federal or State law. ø ¿ as subparagraphs (A) and (B), respectively, sultation with the heads of other Federal (h) (i) EXCLUSION.—This section shall not and indenting appropriately; agencies, as appropriate, shall review the op- apply to reservoirs owned and operated by (C) in the matter preceding subparagraph eration of a reservoir, including the water the Corps of Engineers in— (A) (as so redesignated), by striking ‘‘For’’ control manual and rule curves, using the (1) the Upper Missouri River; ø ¿ and inserting the following: best available science, including improved (2) the Apalachicola-Chattahoochee Apa- ‘‘(1) IN GENERAL.—For’’; and weather forecasts and run-off forecasting lachicola-Chattahoochee-Flint river system; (D) by adding at the end the following: methods in any case in which the Secretary and ‘‘(2) EXPEDITED CONSIDERATION OF CUR- receives a request for such a review from a (3) the Alabama-Coosa-Tallapoosa river RENTLY AUTHORIZED PROGRAMMATIC AUTHORI- non-Federal entity. system. TIES.—Not later than 180 days after the date (b) PRIORITY.—In conducting reviews under SEC. 1033. TRANSFER OF EXCESS CREDIT. of enactment of the Water Resources Devel- subsection (a), the Secretary shall give pri- Section 1020 of the Water Resources Re- opment Act of 2016, the Secretary shall sub- ority to reservoirs— form and Development Act of 2014 (33 U.S.C. mit to the Committee on Environment and (1) located in areas with prolonged drought 2223) is amended— Public Works of the Senate and the Com- conditions; and (1) in subsection (a)— mittee on Transportation and Infrastructure (2) for which no such review has occurred (A) by striking the subsection designation of the House of Representatives a report that during the 10-year period preceding the date and heading and all that follows through contains— of the request. ‘‘Subject to subsection (b)’’ and inserting the ‘‘(A) a list of all programmatic authorities (c) DESCRIPTION OF BENEFITS.—In con- following: for aquatic ecosystem restoration or im- ducting the review under subsection (a), the ‘‘(a) APPLICATION OF CREDIT.— provement of the environment that— Secretary shall determine if a change in op- ‘‘(1) IN GENERAL.—Subject to subsection ‘‘(i) were authorized or modified in the erations, including the use of improved (b)’’; and Water Resources Development Act of 2007 weather forecasts and run-off forecasting (B) by adding at the end the following: (Public Law 110–114; 121 Stat. 1041) or any methods, will enhance 1 or more existing au- ‘‘(2) REASONABLE INTERVALS.—On request subsequent Act; and thorized project purposes, including— from a non-Federal interest, the credit de- ‘‘(ii) that meet the criteria described in (1) flood risk reduction; scribed in subsection (a) may be applied at paragraph (1); and (2) water supply; reasonable intervals as those intervals occur ‘‘(B) a plan for expeditiously completing (3) recreation; and and are identified as being in excess of the the projects under the authorities described (4) fish and wildlife protection and mitiga- required non-Federal cost share prior to in subparagraph (A), subject to available tion. completion of the study or project if the funding.’’. (d) CONSULTATION.—In carrying out a review credit amount is verified by the Secretary.’’; SEC. 1030. KENNEWICK MAN. under subsection (a) and prior to implementing (2) by striking subsection (d); and (a) DEFINITIONS.—In this section: a change in operations under subsection (f), the (3) by redesignating subsection (e) as sub- (1) CLAIMANT TRIBES.—The term ‘‘claimant Secretary shall consult with all affected inter- section (d). tribes’’ means the Indian tribes and band re- ests, including— SEC. 1034. SURPLUS WATER STORAGE. ferred to in the letter from Secretary of the (1) non-Federal entities responsible for oper- Section 1046(c) of the Water Resources Re- Interior Bruce Babbitt to Secretary of the ations and maintenance costs of a Federal facil- form and Development Act of 2014 (Public Army Louis Caldera, relating to the human ity; Law 113–121; 128 Stat. 1254) is amended by remains and dated September 21, 2000. (2) individuals and entities with storage enti- adding at the end the following: (2) DEPARTMENT.—The term ‘‘Department’’ tlements; and ‘‘(5) TIME LIMIT.— means the Washington State Department of (3) local agencies with flood control respon- ‘‘(A) IN GENERAL.—If the Secretary has doc- Archaeology and Historic Preservation. sibilities downstream of a facility. umented the volume of surplus water avail- (3) HUMAN REMAINS.—The term ‘‘human re- (e) RESULTS REPORTED.—Not later than 90 able, not later than 60 days after the date on mains’’ means the human remains that— days which the Secretary receives a request for a (A) are known as Kennewick Man or the ø(d) RESULTS REPORTED.—Not later than 90 contract and easement, the Secretary shall Ancient One, which includes the projectile days¿ after completion of a review under this issue a decision on the request. point lodged in the right ilium bone, as well section, the Secretary shall post a report on ‘‘(B) OUTSTANDING INFORMATION.—If the as any residue from previous sampling and the Internet regarding the results of the re- Secretary has not documented the volume of studies; and view. surplus water available, not later than 30 (B) are part of archaeological collection ø(e)¿(f) MANUAL UPDATE.—As soon as prac- days after the date on which the Secretary number 45BN495. ticable, but not later than 3 years after the receives a request for a contract and ease- (b) TRANSFER.—Notwithstanding any other date on which a report under subsection ment, the Secretary shall provide to the re- provision of Federal law or law of the State ø(d)¿ (e) is posted on the Internet, pursuant quester— of Washington, including the Native Amer- to the procedures required under existing au- ‘‘(i) an identification of any outstanding ican Graves Protection and Repatriation Act thorities, if the Secretary determines based information that is needed to make a final (25 U.S.C. 3001 et seq.), not later than 90 days on that report that using the best available decision; after the date of enactment of this Act, the science, including improved weather and ‘‘(ii) the date by which the information re- Secretary, acting through the Chief of Engi- run-off forecasting methods, improves 1 or ferred to in clause (i) shall be obtained; and neers, shall transfer the human remains to more existing authorized purposes at a res- ‘‘(iii) the date by which the Secretary will the Department, on the condition that the ervoir, the Secretary shall— make a final decision on the request.’’. Department, acting through the State His- (1) incorporate those methods in the oper- SEC. 1035. HURRICANE AND STORM DAMAGE RE- toric Preservation Officer, disposes of the re- ation of the reservoir; and DUCTION. mains and repatriates the remains to claim- (2) as appropriate, update or revise oper- Section 3(c)(2)(B) of the Act of August 13, ant tribes. ational documents, including water control 1946 (33 U.S.C. 426g(c)(2)(B)) is amended by (c) COST.—The Corps of Engineers shall be plans, water control manuals, water control striking ‘‘$5,000,000’’ and inserting responsible for any costs associated with the diagrams, release schedules, rule curves, and ‘‘$10,000,000’’. transfer. operational agreements with non-Federal en- SEC. 1036. FISH HATCHERIES. (d) LIMITATIONS.— tities. (a) IN GENERAL.—Notwithstanding any (1) IN GENERAL.—The transfer shall be lim- ø(f)¿(g) FUNDING.—The Secretary may ac- other provision of law, the Secretary may ited solely to the human remains portion of cept and expend amounts from non-Federal operate a fish hatchery for the purpose of re- the archaeological collection. entities and other Federal agencies to fund storing a population of fish species located in (2) CORPS OF ENGINEERS.—The Corps of En- all or a portion of the cost of carrying out a the region surrounding the fish hatchery gineers shall have no further responsibility review under subsection (a) or an update or that is listed as a threatened species or an for the human remains transferred pursuant revision of operational documents under sub- endangered species under the Endangered to subsection (b) after the date of the trans- section ø(e)¿ (f), including any associated en- Species Act of 1973 (16 U.S.C. 1531 et seq.) or fer. vironmental documentation. a similar State law. SEC. 1031. REVIEW OF CORPS OF ENGINEERS AS- ø(g)¿(h) EFFECT.— (b) COSTS.—A non-Federal entity, another SETS. (1) MANUAL UPDATES.—An update under Federal agency, or a group of non-Federal Section 6002(b) of the Water Resources Re- subsection ø(e)(2)¿ (f)(2) shall not interfere entities or other Federal agencies shall be form and Development Act of 2014 (Public with the authorized purposes of a project. responsible for 100 percent of the additional Law 113–121; 128 Stat. 1349) is amended by (2) EFFECT OF SECTION.—Nothing in this costs associated with managing a fish hatch- adding at the end the following: section— ery for the purpose described in subsection

VerDate Sep 11 2014 06:06 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5330 CONGRESSIONAL RECORD — SENATE September 7, 2016 (a) that are not authorized as of the date of ried out by a non-Federal interest under this ing the placement of any aids to navigation enactment of this Act for the fish hatchery. subsection after the date of enactment of the on the rivers referred to in paragraph (1). SEC. 1037. FEASIBILITY STUDIES AND WATER- Water Resources Reform and Development (b) REPORT.—Not later than 1 year after SHED ASSESSMENTS. Act of 2014 shall be eligible for reimburse- the date of enactment of this Act, the Sec- (a) VERTICAL INTEGRATION AND ACCELERA- ment or for credit toward— retary shall submit to the Committee on En- TION OF STUDIES.—Section 1001(d) of the ‘‘(A) the non-Federal share of future oper- vironment and Public Works of the Senate Water Resources Reform and Development ation and maintenance under this sub- and the Committee on Transportation and Act of 2014 (33 U.S.C. 2282c(d)) is amended by section; or Infrastructure of the House of Representa- striking paragraph (3) and inserting the fol- ‘‘(B) any measure carried out by the Sec- tives a report on the outcome of the con- lowing: retary under section 3017(a) of the Water Re- sultation under subsection (a). ‘‘(3) REPORT.—Not later than February 1 of sources Reform and Development Act of 2014 SEC. 2008. BENEFICIAL USE OF DREDGED MATE- each year, the Secretary shall submit to the (33 U.S.C. 3303a note; Public Law 113–121).’’. RIAL. Committee on Environment and Public SEC. 2003. FUNDING FOR HARBOR MAINTENANCE Section 204(d) of the Water Resources De- Works of the Senate and the Committee on PROGRAMS. velopment Act of 1992 (33 U.S.C. 2326(d)) is Transportation and Infrastructure of the Section 2101 of the Water Resources Re- amended by adding at the end the following: House of Representatives a report that iden- form and Development Act of 2014 (33 U.S.C. ‘‘(3) SPECIAL RULE.—Disposal of dredged tifies any feasibility study for which the Sec- 2238b) is amended— material under this subsection may include a retary in the preceding fiscal year approved (1) in subsection (b)(1), in the matter pre- single or periodic application of sediment for an increase in cost or extension in time as ceding subparagraph (A), by striking ‘‘The beneficial use and shall not require oper- provided under this section, including an target total’’ and inserting ‘‘Except as pro- ation and maintenance. identification of the specific 1 or more fac- vided in subsection (c), the target total’’; ‘‘(4) DISPOSAL AT NON-FEDERAL COST.—The tors used in making the determination that (2) by redesignating subsection (c) as sub- Secretary may accept funds from a non-Fed- the project is complex.’’. section (d); and eral interest to dispose of dredged material (b) COST SHARING.—Section 105(a)(1)(A) of (3) by inserting after subsection (b) the fol- as provided under section 103(d)(1) of the the Water Resources Development Act of lowing: Water Resources Development Act of 1986 (33 1986 (33 U.S.C. 2215(a)(1)(A)) is amended— ‘‘(c) EXCEPTION.—If the target total budget U.S.C. 2213(d)(1)).’’. (1) by striking the subparagraph designa- resources for a fiscal year described in sub- SEC. 2009. OPERATION AND MAINTENANCE OF tion and heading and all that follows paragraphs (A) through (J) of subsection HARBOR PROJECTS. through ‘‘The Secretary’’ and inserting the (b)(1) is lower than the target total budget Section 210(c)(3) of the Water Resources following: resources for the previous fiscal year, then Development Act of 1986 (33 U.S.C. 2238(c)(3)) ‘‘(A) REQUIREMENT.— the target total budget resources shall be ad- is amended— justed to be equal to the lesser of— ‘‘(i) IN GENERAL.—Except as provided in (1) by striking ‘‘2022’’ and inserting ‘‘2025’’; ‘‘(1) 103 percent of the total budget re- clause (ii), the Secretary’’; and and sources appropriated for the previous fiscal (2) by adding at the end the following: (2) by striking ‘‘2012’’ and inserting ‘‘2015’’. ‘‘(ii) EXCEPTION.—For the purpose of meet- year; or ‘‘(2) 100 percent of the total amount of har- SEC. 2010. ADDITIONAL MEASURES AT DONOR ing or otherwise communicating with pro- PORTS AND ENERGY TRANSFER spective non-Federal sponsors to identify the bor maintenance taxes received in the pre- PORTS. scope of a potential water resources project vious fiscal year.’’. Section 2106 of the Water Resources Re- feasibility study, identifying the Federal in- SEC. 2004. DREDGED MATERIAL DISPOSAL. form and Development Act of 2014 (33 U.S.C. terest, developing the cost sharing agree- Disposal of dredged material shall not be 2238c) is amended— ment, and developing the project manage- considered environmentally acceptable if the (1) in subsection (a)(4)(A), by striking ment plan, the first $100,000 of the feasibility disposal violates applicable State water ‘‘Code of Federal Regulation’’ and inserting study shall be a Federal expense.’’. quality standards approved by the Adminis- ‘‘Code of Federal Regulations’’; and (c) NON-FEDERAL SHARE.—Section 729(f)(1) trator of the Environmental Protection (2) in subsection (f)— of the Water Resources Development Act of Agency under section 303 of the Federal (A) in paragraph (1), by striking ‘‘2018’’ and 1986 (33 U.S.C. 2267a(f)(1)) is amended by in- Water Pollution Control Act (33 U.S.C. 1313). inserting ‘‘2025’’; and serting before the period at the end ‘‘, except SEC. 2005. CAPE ARUNDEL DISPOSAL SITE, (B) in paragraph (3)— that the first $100,000 of the assessment shall MAINE. (i) by striking ‘‘2015 through 2018’’ and in- be a Federal expense’’. (a) DEADLINE.—The Cape Arundel Disposal serting ‘‘2016 through 2020’’; and Site selected by the Department of the Army SEC. 1038. SHORE DAMAGE PREVENTION OR MITI- (ii) by striking ‘‘2019 through 2022’’ and in- GATION. as an alternative dredged material disposal serting ‘‘2021 through 2025’’. Section 111 of the River and Harbor Act of site under section 103(b) of the Marine Pro- 1968 (33 U.S.C. 426i) is amended— tection, Research, and Sanctuaries Act of SEC. 2011. HARBOR DEEPENING. (1) in subsection (b), by striking ‘‘measures’’ 1972 (33 U.S.C. 1413(b)) and reopened pursuant øSection 101(a)(1) of the Water Resources and all that follows through ‘‘project’’ and in- to section 113 of the Energy and Water De- Development Act of 1986 (33 U.S.C. 2211(a)(1)) serting ‘‘measures, including a study, shall be velopment and Related Agencies Appropria- is amended—¿ cost-shared in the same proportion as the cost- tions Act, 2014 (Public Law 113–76; 128 Stat. (a) IN GENERAL.—Section 101(a)(1) of the sharing provisions applicable to construction of 158) (referred to in this section as the ‘‘Site’’) Water Resources Development Act of 1986 (33 the project’’; and may remain open until the earlier of— U.S.C. 2211(a)(1)) is amended— (2) by adding at the end the following: (1) the date on which the Site does not (1) in the matter preceding subparagraph ‘‘(e) REIMBURSEMENT FOR FEASIBILITY STUD- have any remaining disposal capacity; (A), by striking ‘‘the date of enactment of IES.—Beginning on the date of enactment of this (2) the date on which an environmental im- this Act’’ and inserting ‘‘the date of enact- subsection, in any case in which the Secretary pact statement designating an alternative ment of the Water Resources Reform and De- implements a project under this section, the Sec- dredged material disposal site for southern velopment Act of 2014 (Public Law 113–121; retary shall reimburse or credit the non-Federal Maine has been completed; or 128 Stat. 1193)’’; interest for any amounts contributed for the (3) the date that is 5 years after the date of (2) in subparagraph (B), by striking ‘‘45 study evaluating the damage in excess of the enactment of this Act. feet’’ and inserting ‘‘50 feet’’; and non-Federal share of the costs, as determined (b) LIMITATIONS.—The use of the Site as a (3) in subparagraph (C), by striking ‘‘45 under subsection (b).’’. dredged material disposal site under sub- feet’’ and inserting ‘‘50 feet’’. TITLE II—NAVIGATION section (a) shall be subject to the conditions (b) DEFINITION OF DEEP-DRAFT HARBOR.—Sec- SEC. 2001. PROJECTS FUNDED BY THE INLAND that— tion 214(1) of the Water Resources Development WATERWAYS TRUST FUND. (1) conditions at the Site remain suitable Act of 1986 (33 U.S.C. 2241(1)) is amended by Beginning on June 10, 2014, and ending on for the continued use of the Site as a dredged striking ‘‘45 feet’’ and inserting ‘‘50 feet’’. the date that is 15 years after the date of en- material disposal site; and SEC. 2012. OPERATIONS AND MAINTENANCE OF actment of this Act, section 1001(b)(2) of the (2) the Site not be used for the disposal of INLAND MISSISSIPPI RIVER PORTS. Water Resources Development Act of 1986 (33 more than 80,000 cubic yards from any single (a) DEFINITIONS.—In this section: U.S.C. 579a(b)(2)) shall not apply to any dredging project. (1) INLAND MISSISSIPPI RIVER.—The term project authorized to receive funding from SEC. 2006. MAINTENANCE OF HARBORS OF REF- ‘‘inland Mississippi River’’ means the por- the Inland Waterways Trust Fund estab- UGE. tion of the Mississippi River that begins at lished by section 9506(a) of the Internal Rev- The Secretary is authorized to maintain the confluence of the Minnesota River and enue Code of 1986. federally authorized harbors of refuge. ends at the confluence of the Red River. SEC. 2002. OPERATION AND MAINTENANCE OF SEC. 2007. AIDS TO NAVIGATION. (2) SHALLOW DRAFT.—The term ‘‘shallow FUEL-TAXED INLAND WATERWAYS. (a) IN GENERAL.—The Secretary shall— draft’’ means a project that has a depth of Section 102(c) of the Water Resources De- (1) consult with the Commandant of the less than 14 feet. velopment Act of 1986 (33 U.S.C. 2212(c)) is Coast Guard regarding navigation on the (b) DREDGING ACTIVITIES.—The Secretary amended by adding at the end the following: Ouachita-Black Rivers; and shall carry out dredging activities on shal- ‘‘(3) CREDIT OR REIMBURSEMENT.—The Fed- (2) share information regarding the assist- low draft ports located on the inland Mis- eral share of operation and maintenance car- ance that the Secretary can provide regard- sissippi River to the respective authorized

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widths and depths of those inland ports, as (e) REIMBURSEMENT ELIGIBILITY LIMITA- ance with the Federal standard (as defined in authorized on the date of enactment of this TIONS.—Costs that are eligible for reimbursement section 335.7 of title 33, Code of Federal Reg- Act. under this section are those costs directly re- ulations (as in effect on the date of enact- (c) AUTHORIZATION OF APPROPRIATIONS.— lated to the costs associated with operation and ment of this Act)), the Secretary shall not For each fiscal year, there is authorized to maintenance of the dredge based on the lesser of require a non-Federal entity to bear any of be appropriated to the Secretary to carry the period of time for which— the increased costs associated with the out this section $25,000,000. (1) the dredge is being used in the perform- placement of the dredged material. SEC. 2013. IMPLEMENTATION GUIDANCE. ance of work for the Federal Government during TITLE III—SAFETY IMPROVEMENTS Section 2102 of the Water Resources Re- a given fiscal year; and (2) the actual fiscal year Federal appropria- SEC. 3001. REHABILITATION ASSISTANCE FOR form and Development Act of 2014 (Public NON-FEDERAL FLOOD CONTROL Law 113–121; 128 Stat. 1273) is amended by tions identified for that portion of maintenance PROJECTS. adding at the end the following: dredging that are made available. (a) IN GENERAL.—Section 5 of the Act of ø ¿ ‘‘(d) GUIDANCE.—Not later than 90 days (f) MONITORING AUDIT.—Not earlier than August 18, 1941 (33 U.S.C. 701n), is amended— after the date of enactment of the Water Re- 5 years after the date of enactment of this (1) in subsection (a), by adding at the end sources Development Act of 2016 the Sec- Act, the Secretary may conduct an audit on the following: any maintenance activities for an authorized retary shall publish on the website of the ‘‘(3) DEFINITION OF NONSTRUCTURAL ALTER- navigation project (or a separable element of Corps of Engineers guidance on the imple- NATIVES.—In this subsection, ‘nonstructural mentation of this section and the amend- an authorized navigation project) carried out alternatives’ includes efforts to restore or ments made by this section.’’. under this section to determine if permitting protect natural resources including streams, SEC. 2014. REMOTE AND SUBSISTENCE HARBORS. a non-Federal interest to carry out mainte- rivers, floodplains, wetlands, or coasts, if Section 2006 of the Water Resources Devel- nance activities under this section has re- those efforts will reduce flood risk.’’; and opment Act of 2007 (33 U.S.C. 2242) is amend- sulted in— (2) by adding at the end the following: ed— (1) improved reliability and safety for navi- ‘‘(d) INCREASED LEVEL OF PROTECTION.—In (1) in subsection (a)(3), by inserting ‘‘in gation; and conducting repair or restoration work under which the project is located or of a commu- (2) cost savings to the Federal Govern- subsection (a), at the request of the non-Fed- nity that is located in the region that is ment. eral sponsor, the Secretary may increase the served by the project and that will rely on (g) TERMINATION OF AUTHORITY.—The au- level of protection above the level to which the project’’ after ‘‘community’’; and thority of the Secretary under this section the system was designed, or, if the repair and (2) in subsection (b)— terminates on the date that is 10 years after rehabilitation includes repair or rehabilita- (A) in paragraph (1), by inserting ‘‘or of a the date of enactment of this Act. tion of a pumping station, will increase the community that is located in the region to øSEC. 2016. TRANSPORTATION COST SAVINGS. capacity of a pump, if— be served by the project and that will rely on Section 210(e)(3)(A) of the Water Resources ‘‘(1) the Chief of Engineers determines the the project’’ after ‘‘community’’; Development Act of 1986 (33 U.S.C. improvements are in the public interest, in- (B) in paragraph (4), by striking ‘‘local pop- 2238(e)(3)(A)) is amended— cluding consideration of whether— ulation’’ and inserting ‘‘regional population (1) in clause (iii), by striking ‘‘and’’ at the ‘‘(A) the authority under this section has to be served by the project’’; and end; been used more than once at the same loca- (C) in paragraph (5), by striking ‘‘commu- (2) in clause (iv), by striking the period at tion; nity’’ and inserting ‘‘local community or to the end and inserting ‘‘; and’’; and ‘‘(B) there is an opportunity to decrease a community that is located in the region to (3) by adding at the end the following: significantly the risk of loss of life and prop- be served by the project and that will rely on ‘‘(v) identifies, to the maximum extent erty damage; or the project’’. practicable, transportation cost savings real- ‘‘(C) there is an opportunity to decrease SEC. 2015. NON-FEDERAL INTEREST DREDGING ized by achieving and maintaining the con- total life cycle rehabilitation costs for the AUTHORITY. structed width and depth for the harbors and project; and (a) IN GENERAL.—The Secretary may per- inland harbors referred to in subsection ‘‘(2) the non-Federal sponsor agrees to pay ¿ mit a non-Federal interest to carry out, for (a)(2), on a project-by-project basis.’’. the difference between the cost of repair, res- an authorized navigation project (or a sepa- SEC. 2016. TRANSPORTATION COST SAVINGS. toration, or rehabilitation to the original de- rable element of an authorized navigation Section 210(e)(3) of the Water Resources De- sign level or original capacity and the cost of project), such maintenance activities as are velopment Act of 1986 (33 U.S.C. 2238(e)(3)) is achieving the higher level of protection or necessary to ensure that the project is main- amended— capacity sought by the non-Federal sponsor. tained to not less than the minimum project (1) by redesignating subparagraph (B) as sub- ‘‘(e) NOTICE.—The Secretary shall notify dimensions. paragraph (C); and the non-Federal sponsor of the opportunity (b) COST LIMITATIONS.—Except as provided (2) by inserting after subparagraph (A) the to request implementation of nonstructural in this section and subject to the availability following: alternatives to the repair or restoration of of appropriations, the costs incurred by a ‘‘(B) ADDITIONAL REQUIREMENT.—For the first the flood control work under subsection non-Federal interest in performing the main- report following the date of enactment of the (a).’’. tenance activities described in subsection (a) Water Resources Development Act of 2016, in the (b) PROJECTS IN COORDINATION WITH CER- shall be eligible for reimbursement, not to report submitted under subparagraph (A), the TAIN REHABILITATION REQUIREMENTS.— exceed an amount that is equal to the esti- Secretary shall identify, to the maximum extent (1) IN GENERAL.—In any case in which the mated Federal cost for the performance of practicable, transportation cost savings realized Secretary has completed a study deter- the maintenance activities. by achieving and maintaining the constructed mining a project for flood damage reduction (c) AGREEMENT.—Before initiating mainte- width and depth for the harbors and inland is feasible and such project is designed to nance activities under this section, the non- harbors referred to in subsection (a)(2), on a protect the same geographic area as work to Federal interest shall enter into an agree- project-by-project basis.’’. be performed under section 5(c) of the Act of ment with the Secretary that specifies, for SEC. 2017. DREDGED MATERIAL. August 18, 1941 (33 U.S.C. 701n(c)), the Sec- the performance of the maintenance activi- (a) IN GENERAL.—Notwithstanding part 335 retary may, if the Secretary determines that ties, the terms and conditions that are ac- of title 33, Code of Federal Regulations, the the action is in the public interest, carry out ceptable to the non-Federal interest and the Secretary may place dredged material from such project with the work being performed Secretary. the operation and maintenance of an author- under section 5(c) of that Act, subject to the (d) PROVISION OF EQUIPMENT.—In carrying ized Federal water resources project at an- limitations in paragraph (2). out maintenance activities under this sec- other authorized water resource project if (2) COST-SHARING.—The cost to carry out a tion, a non-Federal interest shall— the Secretary determines that— project under paragraph (1) shall be shared in (1) provide equipment at no cost to the (1) the placement of the dredged material accordance with section 103 of the Water Re- Federal Government; and would— sources Development Act of 1986 (33 U.S.C. (2) hold and save the United States free (A)(i) enhance protection from flooding 2213). from any and all damage that arises from caused by storm surges or sea level rise; or SEC. 3002. REHABILITATION OF EXISTING LEV- the use of the equipment of the non-Federal (ii) significantly contribute to shoreline EES. interest, except for damage due to the fault resiliency, including the resilience and res- Section 3017 of the Water Resources Re- or negligence of a contractor of the Federal toration of wetland; and form and Development Act of 2014 (33 U.S.C. Government. (B) be in the public interest; and 3303a note; Public Law 113–121) is amended— ø(e) REIMBURSEMENT ELIGIBILITY LIMITA- (2) the cost associated with the placement (1) in subsection (a), by striking ‘‘if the TIONS.—Costs that are directly related to the of the dredged material is reasonable in rela- Secretary determines the necessary work is operation and maintenance of a dredge, tion to the associated environmental, flood technically feasible, environmentally accept- based on the period of time the dredge is protection, and resiliency benefits. able, and economically justified’’; used in the performance of work for the Fed- (b) ADDITIONAL COSTS.—If the cost of plac- (2) in subsection (b)— eral Government during a given fiscal year, ing the dredged material at another author- (A) by striking ‘‘This section’’ and insert- are eligible for reimbursement under this ized water resource project exceeds the cost ing the following: section.¿ of depositing the dredged material in accord- ‘‘(1) IN GENERAL.—This section’’; and

VerDate Sep 11 2014 06:06 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5332 CONGRESSIONAL RECORD — SENATE September 7, 2016 (B) by adding at the end the following: ‘‘SEC. 8A. REHABILITATION OF HIGH HAZARD PO- ‘‘(E) comply with section 611(j)(9) of the ‘‘(2) REQUIREMENT.—A measure carried out TENTIAL DAMS. Robert T. Stafford Disaster Relief and Emer- under subsection (a) shall be implemented in ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Ad- gency Assistance Act (42 U.S.C. 5196(j)(9)) (as the same manner as the repair or restoration ministrator shall establish, within FEMA, a in effect on the date of enactment of this of a flood control work pursuant to section 5 program to provide technical, planning, de- section) with respect to projects receiving of the Act of August 18, 1941 (33 U.S.C. sign, and construction assistance in the form assistance under this section in the same 701n).’’; of grants to non-Federal sponsors for reha- manner as recipients are required to comply (3) in subsection (c)(1), by striking ‘‘The bilitation of eligible high hazard potential in order to receive financial contributions non-Federal’’ and inserting ‘‘Notwith- dams. from the Administrator for emergency pre- ‘‘(b) ELIGIBLE ACTIVITIES.—A grant award- standing subsection (b)(2), the non-Federal’’; paredness purposes. ed under this section for a project may be and used for— ‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— (4) by adding at the end the following: ‘‘(1) repair; ‘‘(1) IN GENERAL.—As a condition of receipt ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— of assistance under this section, the non- There is authorized to be appropriated to the ‘‘(2) removal; or Federal entity shall demonstrate that a Secretary to carry out this section ‘‘(3) any other structural or nonstructural floodplain management plan to reduce the $125,000,000.’’. measures to rehabilitate a high hazard po- tential dam. impacts of future flood events in the area SEC. 3003. MAINTENANCE OF HIGH RISK FLOOD ‘‘(c) AWARD OF GRANTS.— protected by the project— CONTROL PROJECTS. In any case in which the Secretary is re- ‘‘(1) APPLICATION.— ‘‘(A) is in place; or sponsible, as of the date of enactment of this ‘‘(A) IN GENERAL.—A non-Federal sponsor ‘‘(B) will be— Act, for the maintenance of a project classi- interested in receiving a grant under this ‘‘(i) developed not later than 1 year after fied as class III under the Dam Safety Action section may submit to the Administrator an the date of execution of a project agreement Classification of the Corps of Engineers, the application for the grant. for assistance under this section; and Secretary shall continue to be responsible ‘‘(B) REQUIREMENTS.—An application sub- ‘‘(ii) implemented not later than 1 year for the maintenance until the earlier of the mitted to the Administrator under this sec- after the date of completion of construction date that— tion shall be submitted at such time, be in of the project. (1) the project is modified to reduce that such form, and contain such information as ‘‘(2) INCLUSIONS.—A plan under paragraph risk and the Secretary determines that the the Administrator may prescribe by regula- (1) shall address— project is no longer classified as class III tion pursuant to section 3004(c) of the Water ‘‘(A) potential measures, practices, and under the Dam Safety Action Classification Resources Development Act of 2016. policies to reduce loss of life, injuries, dam- of the Corps of Engineers; and ‘‘(2) GRANT.— age to property and facilities, public expend- (2) is 15 years after the date of enactment ‘‘(A) IN GENERAL.—The Administrator may itures, and other adverse impacts of flooding of this Act. make a grant in accordance with this section in the area protected by the project; SEC. 3004. REHABILITATION OF HIGH HAZARD for rehabilitation of a high hazard potential ‘‘(B) plans for flood fighting and evacu- POTENTIAL DAMS. dam to a non-Federal sponsor that submits ation; and (a) DEFINITIONS.—Section 2 of the National an application for the grant in accordance ‘‘(C) public education and awareness of Dam Safety Program Act (33 U.S.C. 467) is with the regulations prescribed by the Ad- flood risks. amended— ministrator. ‘‘(3) TECHNICAL SUPPORT.—The Adminis- (1) by redesignating paragraphs (4), (5), (6), ‘‘(B) PROJECT GRANT AGREEMENT.—The Ad- trator may provide technical support for the (7), (8), (9), (10), (11), (12), and (13) as para- ministrator shall enter into a project grant development and implementation of flood- graphs (5), (6), (7), (8), (9), (11), (13), (14), (15), agreement with the non-Federal sponsor to plain management plans prepared under this and (16), respectively; establish the terms of the grant and the subsection. (2) by inserting after paragraph (3) the fol- project, including the amount of the grant. ‘‘(f) PRIORITY SYSTEM.—The Administrator, lowing: ‘‘(C) GRANT ASSURANCE.—As part of a in consultation with the Board, shall develop ‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL project grant agreement under subparagraph a risk-based priority system for use in iden- DAM.— (B), the Administrator shall require the non- tifying high hazard potential dams for which ‘‘(A) IN GENERAL.—The term ‘eligible high Federal sponsor to provide an assurance, grants may be made under this section. hazard potential dam’ means a non-Federal with respect to the dam to be rehabilitated ‘‘(g) FUNDING.— dam that— under the project, that the owner of the dam ‘‘(1) COST SHARING.— ‘‘(i) is located in a State with a State dam has developed and will carry out a plan for ‘‘(A) IN GENERAL.—Any assistance provided safety program; maintenance of the dam during the expected under this section for a project shall be sub- ‘‘(ii) is classified as ‘high hazard potential’ life of the dam. ject to a non-Federal cost-sharing require- by the State dam safety agency in the State ‘‘(D) LIMITATION.—A grant provided under ment of not less than 35 percent. in which the dam is located; this section shall not exceed the lesser of— ‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Fed- ‘‘(iii) has an emergency action plan ap- ‘‘(i) 12.5 percent of the total amount of eral share under subparagraph (A) may be proved by the relevant State dam safety funds made available to carry out this sec- provided in the form of in-kind contribu- agency; and tion; or tions. ‘‘(iv) the State in which the dam is located ‘‘(ii) $7,500,000. ‘‘(2) ALLOCATION OF FUNDS.—The total determines— ‘‘(d) REQUIREMENTS.— amount of funds made available to carry out ‘‘(I) fails to meet minimum dam safety ‘‘(1) APPROVAL.—A grant awarded under this section for each fiscal year shall be dis- standards of the State; and this section for a project shall be approved tributed as follows: ‘‘(II) poses an unacceptable risk to the pub- by the relevant State dam safety agency. ‘‘(A) EQUAL DISTRIBUTION.—1⁄3 shall be dis- lic. ‘‘(2) NON-FEDERAL SPONSOR REQUIRE- tributed equally among the States in which ‘‘(B) EXCLUSION.—The term ‘eligible high MENTS.—To receive a grant under this sec- the projects for which applications are sub- hazard potential dam’ does not include— tion, the non-Federal sponsor shall— mitted under subsection (c)(1) are located. ‘‘(i) a licensed hydroelectric dam; or ‘‘(A) participate in, and comply with, all ‘‘(B) NEED-BASED.—2⁄3 shall be distributed ‘‘(ii) a dam built under the authority of the applicable Federal flood insurance programs; among the States in which the projects for Secretary of Agriculture.’’; ‘‘(B) have in place a hazard mitigation plan which applications are submitted under sub- (3) by inserting after paragraph (9) (as re- that— section (c)(1) are located based on the pro- designated by paragraph (1)) the following: ‘‘(i) includes all dam risks; and portion that— ‘‘(10) NON-FEDERAL SPONSOR.—The term ‘‘(ii) complies with the Disaster Mitigation ‘‘(i) the number of eligible high hazard po- ‘non-Federal sponsor’, in the case of a Act of 2000 (Public Law 106–390; 114 Stat. tential dams in the State; bears to project receiving assistance under section 1552); ‘‘(ii) the number of eligible high hazard po- 8A, includes— ‘‘(C) commit to provide operation and tential dams in all States in which projects ‘‘(A) a governmental organization; and maintenance of the project for the 50-year for which applications are submitted under ‘‘(B) a nonprofit organization.’’ and period following completion of rehabilita- subsection (c)(1). (4) by inserting after paragraph (11) (as re- tion; designated by paragraph (1)) the following: ‘‘(D) comply with such minimum eligi- ‘‘(h) USE OF FUNDS.—None of the funds pro- ‘‘(12) REHABILITATION.—The term ‘rehabili- bility requirements as the Administrator vided in the form of a grant or otherwise tation’ means the repair, replacement, re- may establish to ensure that each owner and made available under this section shall be construction, or removal of a dam that is operator of a dam under a participating used— carried out to meet applicable State dam State dam safety program— ‘‘(1) to rehabilitate a Federal dam; safety and security standards.’’. ‘‘(i) acts in accordance with the State dam ‘‘(2) to perform routine operation or main- (b) PROGRAM FOR REHABILITATION OF HIGH safety program; and tenance of a dam; HAZARD POTENTIAL DAMS.—The National ‘‘(ii) carries out activities relating to the ‘‘(3) to modify a dam to produce hydro- Dam Safety Program Act is amended by in- public in the area around the dam in accord- electric power; serting after section 8 (33 U.S.C. 467f) the fol- ance with the hazard mitigation plan de- ‘‘(4) to increase water supply storage ca- lowing: scribed in subparagraph (B); and pacity; or

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5333 ‘‘(5) to make any other modification to a Act of 2000 (Public Law 106–541; 114 Stat. 2662; cost-saving technologies, including struc- dam that does not also improve the safety of 128 Stat. 1314) is amended by striking tural and nonstructural technologies and de- the dam. ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’. signs, to manage sediment. ‘‘(i) CONTRACTUAL REQUIREMENTS.— (b) WATERCRAFT INSPECTION STATIONS, CO- (4) COST SHARE.—The beneficiaries request- ‘‘(1) IN GENERAL.—Subject to paragraph (2), LUMBIA RIVER BASIN.—Section 104(d) of the ing the plan shall share in the cost of devel- as a condition on the receipt of a grant under River and Harbor Act of 1958 (33 U.S.C. 610(d)) opment and implementation of a sediment this section of an amount greater than is amended— management plan allocated in accordance $1,000,000, a non-Federal sponsor that re- (1) in paragraph (1), by striking ‘‘stations with the benefits to be received. ceives the grant shall require that each con- in the Columbia River Basin to be located in (5) CONTRIBUTED FUNDS.—The Secretary tract and subcontract for program manage- the States of Idaho, Montana, Oregon, and may accept funds from non-Federal interests ment, construction management, planning Washington’’ and inserting ‘‘stations to pro- and other Federal agencies to develop and studies, feasibility studies, architectural tect the Columbia River Basin’’; and implement a sediment management plan services, preliminary engineering, design, (2) in paragraph (3), by striking subpara- under this subsection. engineering, surveying, mapping, and related graph (A) and inserting the following: (6) GUIDANCE.—The Secretary shall use the services entered into using funds from the ‘‘(A) the Governor of each State in which a knowledge gained through the development grant be awarded in the same manner as a station is established under paragraph (1);’’. and implementation of sediment manage- contract for architectural and engineering (c) TRIBAL HOUSING.— ment plans under paragraph (2) to develop services is awarded under— (1) DEFINITION OF REPORT.—In this sub- guidance for sediment management at other ‘‘(A) chapter 11 of title 40, United States section, the term ‘‘report’’ means the final reservoirs. Code; or report of the Portland District, Corps of En- (7) PARTNERSHIP WITH THE SECRETARY OF ‘‘(B) an equivalent qualifications-based re- gineers, entitled ‘‘Columbia River Treaty THE INTERIOR.— quirement prescribed by the relevant State. Fishing Access Sites, Oregon and Wash- (A) IN GENERAL.—The Secretary shall carry ‘‘(2) NO PROPRIETARY INTEREST.—A contract ington: Fact-finding Review on Tribal Hous- out the pilot program established under this awarded in accordance with paragraph (1) ing’’ and dated November 19, 2013. subsection in partnership with the Secretary shall not be considered to confer a propri- (2) ASSISTANCE AUTHORIZED.—As replace- of the Interior, and the program may apply etary interest upon the United States. ment housing for Indian families displaced to reservoirs managed or owned by the Bu- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— due to the construction of the Bonneville reau of Reclamation on execution of a There are authorized to be appropriated to Dam, on the request of the Secretary of the memorandum of agreement between the Sec- carry out this section— Interior, the Secretary may provide assist- retary and the Secretary of the Interior es- ‘‘(1) $10,000,000 for fiscal years 2017 and 2018; ance øto relocate to¿ on land transferred by tablishing the framework for a partnership ‘‘(2) $25,000,000 for fiscal year 2019; the Department of the Army to the Depart- and the terms and conditions for sharing ex- ‘‘(3) $40,000,000 for fiscal year 2020; and ment of the Interior pursuant to title IV of pertise and resources. ‘‘(4) $60,000,000 for each of fiscal years 2021 Public Law 100–581 (102 Stat. 2944; 110 Stat. (B) LEAD AGENCY.—The Secretary that has through 2026.’’. 766; 110 Stat. 3762; 114 Stat. 2679; 118 Stat. 544) primary jurisdiction over the reservoir shall (c) RULEMAKING.— for the number of families øidentified¿ esti- take the lead in developing and imple- (1) PROPOSED RULEMAKING.—Not later than mated in the report as having received no relo- menting a sediment management plan for 90 days after the date of enactment of this cation assistance øin the report.¿ that reservoir. Act, the Administrator of the Federal Emer- (3) STUDY.—The Secretary shall— (8) OTHER AUTHORITIES NOT AFFECTED.— gency Management Agency shall issue a no- (A) conduct a study to determine the num- Nothing in this subsection affects sediment tice of proposed rulemaking regarding appli- ber of Indian people displaced by the con- management or the share of costs paid by cations for grants of assistance under the struction of the John Day Dam; and Federal and non-Federal interests relating to amendments made by subsection (b) to the (B) identify a plan for suitable housing to sediment management under any other pro- National Dam Safety Program Act (33 U.S.C. replace housing lost to the construction of vision of law (including regulations). 467 et seq.). the John Day Dam. (b) SNOWPACK AND DROUGHT MONITORING.— (2) FINAL RULE.—Not later than 180 days (d) COLUMBIA AND LOWER WILLAMETTE RIV- Section 4003(a) of the Water Resources Re- after the date of enactment of this Act, the ERS BELOW VANCOUVER, WASHINGTON AND OR- form and Development Act of 2014 (Public Administrator of the Federal Emergency EGON.—The Secretary shall conduct a study Law 113–121; 128 Stat. 1311) is amended by Management Agency shall promulgate a to determine the feasibility of modifying the adding at the end the following: final rule regarding the amendments de- project for navigation, Columbia and Lower ‘‘(5) LEAD AGENCY.—The Corps of Engineers scribed in paragraph (1). Willamette Rivers below Vancouver, Wash- shall be the lead agency for carrying out and TITLE IV—RIVER BASINS, WATERSHEDS, ington and Portland, Oregon, authorized by coordinating the activities described in para- AND COASTAL AREAS section 101 of the River and Harbor Act of graph (1).’’. SEC. 4001. GULF COAST OYSTER BED RECOVERY 1962 (Public Law 87–874; 76 Stat. 1177) to ad- SEC. 4004. PUGET SOUND NEARSHORE ECO- PLAN. dress safety risks. SYSTEM RESTORATION. (a) DEFINITION OF GULF STATES.—In this SEC. 4003. MISSOURI RIVER. Section 544(f) of the Water Resources De- section, the term ‘‘Gulf States’’ means each (a) RESERVOIR SEDIMENT MANAGEMENT.— velopment Act of 2000 (Public Law 106–541; of the States of Alabama, Florida, Louisiana, (1) DEFINITION OF SEDIMENT MANAGEMENT 114 Stat. 2675) is amended by striking Mississippi, and Texas. PLAN.—In this subsection, the term ‘‘sedi- ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. (b) GULF COAST OYSTER BED RECOVERY ment management plan’’ means a plan for SEC. 4005. ICE JAM PREVENTION AND MITIGA- PLAN.—The Secretary, in coordination with preventing sediment from reducing water TION. the Gulf States, shall develop and implement storage capacity at a reservoir and increas- (a) IN GENERAL.—The Secretary may carry a plan to assist in the recovery of oyster ing water storage capacity through sediment out projects under section 205 of the Flood beds on the coast of Gulf States that were removal at a reservoir. Control Act of 1948 (33 U.S.C. 701s), including damaged by events including— (2) UPPER MISSOURI RIVER BASIN PILOT PRO- planning, design, construction, and moni- (1) Hurricane Katrina in 2005; GRAM.—The Secretary shall carry out a pilot toring of structural and nonstructural tech- (2) the Deep Water Horizon oil spill in 2010; program for the development and implemen- nologies and measures for preventing and and tation of sediment management plans for mitigating flood damages associated with ice (3) floods in 2011 and 2016. reservoirs owned and operated by the Sec- jams. (c) INCLUSION.—The plan developed under retary in the Upper Missouri River Basin, on (b) INCLUSION.—The projects described in subsection (b) shall address the beneficial request by project beneficiaries. subsection (a) may include the development use of dredged material in providing sub- (3) PLAN ELEMENTS.—A sediment manage- and demonstration of cost-effective tech- strate for oyster bed development. ment plan under paragraph (2) shall— nologies and designs developed in consulta- (d) SUBMISSION.—Not later than 18 months (A) provide opportunities for project bene- tion with— after the date of enactment of this Act, the ficiaries and other stakeholders to partici- (1) the Cold Regions Research and Engi- Secretary shall submit to the Committee of pate in sediment management decisions; neering Laboratory of the Corps of Engi- Environment and Public Works of the Senate (B) evaluate the volume of sediment in a neers; and the Committee on Transportation and reservoir and impacts on storage capacity; (2) universities; Infrastructure of the House of Representa- (C) identify preliminary sediment manage- (3) Federal, State, and local agencies; and tives the plan developed under subsection ment options, including sediment dikes and (4) private organizations. (b). dredging; (c) PILOT PROGRAM.— (e) AUTHORIZATION OF APPROPRIATIONS.— (D) identify constraints; (1) AUTHORIZATION.—In addition to the There is authorized to be appropriated to the (E) assess technical feasibility, economic funding authorized under section 205 of the Secretary to carry out this section $2,000,000, justification, and environmental impacts; Flood Control Act of 1948 (33 U.S.C. 701s), the to remain available until expended. (F) identify beneficial uses for sediment; Secretary is authorized to expend $30,000,000 SEC. 4002. COLUMBIA RIVER. and to carry out pilot projects to demonstrate (a) ECOSYSTEM RESTORATION.—Section (G) to the maximum extent practicable, technologies and designs developed in ac- 536(g) of the Water Resources Development use, develop, and demonstrate innovative, cordance with this section.

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(2) PRIORITY.—In carrying out pilot (d) BASIS FOR RECOMMENDATIONS.—In rec- (D) an assessment of the value and impacts of projects under paragraph (1), the Secretary ommending a project under subsection (c)(2), implementation of regional, systems-based, wa- shall give priority to projects in the Upper the Secretary may justify the project based tershed-based, and interstate approaches if Missouri River Basin. on system-wide benefits. practicable; (3) SUNSET.—The pilot program under this SEC. 4011. SALTON SEA, CALIFORNIA. (E) recommendations for the demonstration of subsection shall terminate on December 31, Section 3032 of the Water Resources Devel- methodologies for resilience through the use of 2026. opment Act of 2007 (Public Law 110–114; 121 natural and nature-based infrastructure ap- SEC. 4006. CHESAPEAKE BAY OYSTER RESTORA- Stat. 1113) is amended— proaches, as appropriate; and (F) recommendations regarding alternative TION. (1) in subsection (b)— sources of funding for new and existing projects. Section 704(b)(1) of the Water Resources (A) in the subsection heading, by striking Development Act of 1986 (33 U.S.C. 2263(b)(1)) (2) COOPERATION.—In carrying out paragraph ‘‘PILOT PROJECTS’’ and inserting (1), the Secretary shall cooperate with— is amended by striking ‘‘$60,000,000’’ and in- ‘‘PROJECTS’’; serting ‘‘$100,000,000’’. (A) heads of appropriate Federal agencies; (B) in paragraph (1)— (B) States that have approved coastal man- SEC. 4007. NORTH ATLANTIC COASTAL REGION. (i) in subparagraph (A), by striking ‘‘the agement programs and appropriate agencies of Section 4009(a) of the Water Resources Re- pilot’’; and those States; form and Development Act of 2014 (Public (ii) in subparagraph (B)— (C) local governments; and Law 113–121; 128 Stat. 1316) is amended by in- (I) in clause (i), in the matter preceding (D) the private sector. serting ‘‘at Federal expense’’ after ‘‘study’’. subclause (I), by striking ‘‘the pilot’’; (b) STREAMLINING.—In carrying out this sec- SEC. 4008. RIO GRANDE. (II) in subclause (I), by inserting ‘‘, Salton tion, the Secretary shall— Section 5056(f) of the Water Resources De- Sea Authority, or other non-Federal inter- (1) to the maximum extent practicable, use ex- velopment Act of 2007 (Public Law 110–114; est’’ before the semicolon at the end; and isting research done by Federal, State, regional, 121 Stat. 1214; 128 Stat. 1315) is amended by (III) in subclause (II), by striking ‘‘pilot’’; local, and private entities to eliminate striking ‘‘2019’’ and inserting ‘‘2024’’. (C) in paragraph (2), in the matter pre- redundancies and related costs; SEC. 4009. TEXAS COASTAL AREA. ceding subparagraph (A), by striking ‘‘pilot’’; (2) receive from any of the entities described In carrying out the Coastal Texas eco- and in subsection (a)(2)— (A) contributed funds; or system protection and restoration study au- (D) in paragraph (3)— (B) research that may be eligible for credit as thorized by section 4091 of the Water Re- (i) by striking ‘‘pilot’’ each place it ap- sources Development Act of 2007 (Public Law work-in-kind under applicable Federal law; and pears; and (3) enable each District or combination of Dis- 110–114; 121 Stat. 1187), the Secretary shall (ii) by inserting ‘‘, Salton Sea Authority, consider studies, data, or information devel- tricts of the Corps of Engineers that jointly par- or other non-Federal interest’’ after ‘‘State’’; oped by the Gulf Coast Community Protec- ticipate in carrying out an assessment under and tion and Recovery District to expedite com- this section to consider regionally appropriate (2) in subsection (c), by striking ‘‘pilot’’. pletion of the study. engineering, biological, ecological, social, eco- SEC. 4012. ADJUSTMENT. SEC. 4010. UPPER MISSISSIPPI AND ILLINOIS RIV- nomic, and other factors in carrying out the as- ERS FLOOD RISK MANAGEMENT. Section 219(f)(25) of the Water Resources sessment. (a) IN GENERAL.—The Secretary shall con- Development Act of 1992 (Public Law 102–580; (c) REPORTS.—The Secretary shall submit to duct a study at Federal expense to determine 113 Stat. 336) is amended— the Committee on Environment and Public the feasibility of carrying out projects to ad- (1) by inserting ‘‘Berkeley’’ before ‘‘Cal- Works of the Senate and the Committee on dress systemic flood damage reduction in the houn’’; and Transportation and Infrastructure of the House upper Mississippi and Illinois River basins. (2) by striking ‘‘Orangeberg, and Sumter’’ of Representatives all reports and recommenda- (b) PURPOSE.—The purposes of the study and inserting ‘‘and Orangeberg’’. tions prepared under this section, together with under subsection (a) are— SEC. 4013. COASTAL RESILIENCY. any necessary supporting documentation. (1) to develop an integrated, comprehen- øSection 4014(b) of the Water Resources Re- TITLE V—DEAUTHORIZATIONS sive, and systems-based approach to mini- form and Development Act of 2014 (33 U.S.C. SEC. 5001. DEAUTHORIZATIONS. mize the threat to health and safety result- 2803a(b)) is amended—¿ (a) VALDEZ, ALASKA.— ing from flooding by using structural and (a) IN GENERAL.—Section 4014(b) of the Water (1) IN GENERAL.—Subject to paragraph (2), nonstructural flood risk management meas- Resources Reform and Development Act of 2014 the portions of the project for navigation, ures; (33 U.S.C. 2803a(b)) is amended— Valdez, Alaska, identified as Tract G, Harbor (2) to reduce damages and costs associated (1) by redesignating paragraphs (3) and (4) Subdivision, shall not be subject to naviga- with flooding; as paragraphs (4) and (5), respectively; and tion servitude beginning on the date of en- (3) to identify opportunities to support en- (2) by inserting after paragraph (2) the fol- actment of this Act. vironmental sustainability and restoration lowing: (2) ENTRY BY FEDERAL GOVERNMENT.—The goals of the Upper Mississippi River and Illi- ‘‘(3) give priority to projects in commu- Federal Government may enter on the prop- nois River floodplain as part of any systemic nities the existence of which is threatened erty referred to in paragraph (1) to carry out flood risk management plan; and by rising sea level, including projects relat- any required operation and maintenance of (4) to seek opportunities to address, in con- ing to shoreline restoration, tidal marsh res- the general navigation features of the cert with flood risk management measures, toration, dunal habitats to protect coastal project described in paragraph (1). other floodplain specific problems, needs, infrastructure, reduction of future and exist- (b) RED RIVER BELOW DENISON DAM, ARKAN- and opportunities. ing emergency repair costs, and projects that SAS, LOUISIANA, AND TEXAS.—The portion of (c) STUDY COMPONENTS.—In carrying out use dredged materials;’’. the project for flood protection on Red River the study under subsection (a), the Secretary (b) INTERAGENCY COORDINATION ON COASTAL Below Denison Dam, Arkansas, Louisiana shall— RESILIENCE.—The Secretary shall convene an and Texas, authorized by section 10 of the (1) as appropriate, coordinate with the interagency working group on resilience to ex- Flood Control Act of 1946 (60 Stat. 647, chap- heads of other appropriate Federal agencies, treme weather, which will coordinate research, ter 596), consisting of the portion of the West the Governors of the States within the Upper data, and Federal investments related to sea Agurs Levee that begins at lat. 32°32’50.86’’ N Mississippi and Illinois River basins, the ap- level rise, resiliency, and vulnerability to ex- ., by long. 93°46’16.82’’ W., and ends at lat. 32° propriate levee and drainage districts, non- treme weather, including coastal resilience. 31’22.79’’ N., by long. 93° 45’ 2.47’’ W., is no profit organizations, and other interested SEC. 4014. REGIONAL INTERGOVERNMENTAL COL- longer authorized beginning on the date of parties; LABORATION ON COASTAL RESIL- enactment of this Act. (2) recommend projects for reconstruction IENCE. (c) SUTTER BASIN, CALIFORNIA.— of existing levee systems so as to develop (a) REGIONAL ASSESSMENTS.— (1) IN GENERAL.—The separable element and maintain a comprehensive system for (1) IN GENERAL.—The Secretary may conduct constituting the locally preferred plan incre- flood risk reduction and floodplain manage- regional assessments of coastal and back bay ment reflected in the report of the Chief of ment; protection and of Federal and State policies and Engineers dated March 12, 2014, and author- (3) perform a systemic analysis of critical programs related to coastal water resources, in- ized for construction under section 7002(2)(8) transportation systems to determine the fea- cluding— of the Water Resources Reform and Develop- sibility of protecting river approaches for (A) an assessment of the probability and the ment Act of 2014 (Public Law 113–121; 128 land-based systems, highways, and railroads; extent of coastal flooding and erosion, including Stat. 1366) is no longer authorized beginning (4) develop a basin-wide hydrologic model back bay and estuarine flooding; on the date of enactment of this Act. for the Upper Mississippi River System and (B) recommendations for policies and other (2) SAVINGS PROVISIONS.—The deauthoriza- update as changes occur and new data is measures related to regional Federal, State, tion under paragraph (1) does not affect— available; and local, and private participation in shoreline and (A) the national economic development (5) use, to the maximum extent prac- back-bay protection projects; plan separable element reflected in the re- ticable, any existing plans and data, includ- (C) an evaluation of the performance of exist- port of the Chief of Engineers dated March ing the Upper Mississippi River Comprehen- ing Federal coastal storm damage reduction, 12, 2014, and authorized for construction sive Plan authorized in section 429 of the ecosystem restoration, and navigation projects, under section 7002(2)(8) of the Water Re- Water Resources Development Act of 1999 including recommendations for the improvement sources Reform and Development Act of 2014 (Public Law 106–53; 113 Stat. 326). of those projects; (Public Law 113–121; 128 Stat. 1366); or

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(B) previous authorizations providing for (A) removing the structure from the river (h) BARREN RIVER LOCK AND DAM 1, WAR- the Sacramento River and major and minor at the earliest feasible time; and REN COUNTY, KENTUCKY.— tributaries project, including— (B) making the land available for conserva- (1) IN GENERAL.—The structure and land as- (i) section 2 of the Act of March 1, 1917 (39 tion and public recreation and river access in sociated with Barren River Lock and Dam 1 Stat. 949; chapter 144); the future. and deauthorized under section 6001(1) pursu- (ii) section 12 of the Act of December 22, (2) DEAUTHORIZATION.—On a transfer under ant to the report of the Chief of Engineers 1944 (58 Stat. 900; chapter 665); paragraph (1), the land described in that relating to Green River Locks and Dams 3, 4, (iii) section 204 of the Flood Control Act of paragraph shall no longer be a portion of the 5, and 6 and Barren River Lock and Dam 1, 1950 (64 Stat. 177; chapter 188); and Green River project for navigation, author- Kentucky, dated April 30, 2015, shall be con- (iv) any other Acts relating to the author- ized by the first section of the Act of July 13, veyed under this subsection and the land ization for the Sacramento River and major 1892 (27 Stat. 105; chapter 158). shall no longer be a portion of the Barren and minor tributaries project along the (g) GREEN RIVER LOCK AND DAM 6, River project for navigation, built by the Feather River right bank between levee sta- EDMONSON COUNTY, KENTUCKY.— Commonwealth of Kentucky prior to 1886 tioning 1483+33 and levee stationing 2368+00. (1) IN GENERAL.—The structure and land as- and purchased by and ceded to the Federal (d) STONINGTON HARBOR, CONNECTICUT.— sociated with Green River Lock and Dam 6 Government under the first section of the The portion of the project for navigation, and deauthorized under section 6001(1) pursu- Act of August 11, 1888 (25 Stat. 416; chapter Stonington Harbor, Connecticut, authorized ant to the report of the Chief of Engineers 860). by the Act of May 23, 1828 (4 Stat. 288; chap- relating to Green River Locks and Dams 3, 4, (2) TRANSFER.—Subject to this subsection, ter 73) that consists of the inner stone break- 5, and 6 and Barren River Lock and Dam 1, the Secretary shall convey to the Common- water that begins at coordinates N. Kentucky, dated April 30, 2015, shall be wealth of Kentucky, Department of Fish and transferred under this subsection and the 682,146.42, E. 1231,378.69, running north 83.587 Wildlife Resources, by quitclaim deed and land shall no longer be a portion of the degrees west 166.79’ to a point N. 682,165.05, E. without consideration, all right, title, and Green River project for navigation, author- 1,231,212.94, running north 69.209 degrees west interest of the United States in 1 parcel of ized by the first section of the Act of June 13, 380.89’ to a point N. 682,300.25, E. 1,230,856.86, land situated on the right bank of the Barren 1902 (32 Stat. 359; chapter 1079). is no longer authorized as a Federal project River together with any improvements on (2) TRANSFER.— beginning on the date of enactment of this the land. (A) TRANSFER TO DEPARTMENT OF THE INTE- Act. (3) LAND TO BE CONVEYED.— RIOR.—Subject to this subsection, the Sec- (A) IN GENERAL.—The parcel of land to be (e) GREEN RIVER LOCK AND DAM 3, OHIO AND retary shall transfer to the Department of conveyed under this subsection includes ap- MUHLENBERG COUNTIES, KENTUCKY.— Interior, Mammoth Cave National Park, by proximately 16.63 acres of land, located on (1) IN GENERAL.—The structure and land as- quitclaim deed and without consideration, the right bank of the Barren River and asso- sociated with Green River Lock and Dam 3 all right, title, and interest of the United ciated with the deauthorized Barren River and deauthorized under section 6001(1) pursu- States in the 4.19 acre parcel of land situated Lock and Dam 1 in Warren County, Ken- ant to the report of the Chief of Engineers on left descending bank (south side) of the tucky. relating to Green River Locks and Dams 3, 4, Green River together with any improve- (B) USE.—The parcel of land described in 5, and 6 and Barren River Lock and Dam 1, ments on the land. subparagraph (A) may— Kentucky, dated April 30, 2015 shall be trans- (B) TRANSFER TO THE COMMONWEALTH OF (i) be used by the Commonwealth of Ken- ferred under this subsection, and the land KENTUCKY.—Subject to this subsection, the shall no longer be a portion of the Green Secretary shall transfer to the Common- tucky for the purposes of removal of struc- River project for navigation, built by the wealth of Kentucky, Department of Fish and tures to restore natural river functions while Commonwealth of Kentucky prior to 1886 Wildlife Resources, by quitclaim deed and providing green space and ecotourism devel- and purchased and ceded to the Federal Gov- without consideration, all right, title, and opment, including the provision of roads, ernment under the first section of the Act of interest of the United States in the 18.0 acre parking, camping, and boat access; or August 11, 1888 (25 Stat. 416; chapter 860). parcel of land on the right descending bank (ii) if the Department of Fish and Wildlife (2) TRANSFER.—Subject to this subsection, (north side) of the river and the deauthorized Resources, Commonwealth of Kentucky, can- the Secretary shall convey to the Rochester lock and dam structure. not fulfill the uses described in clause (i), be Dam Regional Water Commission by quit- (3) LAND TO BE CONVEYED.— transferred to county or local governments claim deed and without consideration, all (A) IN GENERAL.—The 2 parcels of land to or private conservation entities for contin- right, title, and interest of the United States be conveyed under this subsection, located ued public green space utilization as de- in 3 adjacent parcels of land situated on the on each side of the Green River and associ- scribed in clause (i). Ohio County side of the Green River together ated with the deauthorized Green River Lock (4) REVERSION.—If the Secretary deter- with any improvements on the land. and Dam 6 in Edmonson County, Kentucky, mines that the land conveyed under this sub- (3) LANDS TO BE CONVEYED.— include— section ceases to be owned by the public or (A) IN GENERAL.—The 3 adjacent parcels of (i) a parcel consisting of approximately 4.19 is used for any purpose that is inconsistent land to be conveyed under this subsection acres of land; and with paragraph (3)(B), all right, title, and in- total approximately 6.72 acres of land in (ii) a parcel consisting of approximately terest in and to the land shall revert, at the Ohio County, with all 3 parcels being associ- 18.0 acres of land and the deauthorized lock discretion of the Secretary, to the United ated with the deauthorized Green River Lock and dam structure. States. and Dam 3. (B) USE.— (i) PORT OF CASCADE LOCKS, OREGON.— (B) USE.—The 3 parcels of land described in (i) MAMMOTH CAVE NATIONAL PARK.—The (1) TERMINATION OF PORTIONS OF EXISTING subparagraph (A) may be used by the Roch- 4.19-acre parcel of land described in subpara- FLOWAGE EASEMENT.— ester Dam Regional Water Commission in graph (A)(i) shall be used for established pur- (A) DEFINITION OF FLOWAGE EASEMENT.—In such a manner as to ensure a water supply poses of Mammoth Cave National Park. this paragraph, the term ‘‘flowage ease- for local communities. (ii) DEPARTMENT OF FISH AND WILDLIFE RE- ment’’ means the flowage easements identi- (4) REVERSION.—If the Secretary deter- SOURCES.—The 18.0-acre parcel of land and fied as tracts 302E-1 and 304E-1 on the ease- mines that the land conveyed under this sub- deauthorized lock and dam structure de- ment deeds recorded as instruments in Hood section ceases to be owned by the public or scribed in subparagraph (A)(ii) may— River County, Oregon, as follows: is used for any purpose that is inconsistent (I) be used for the purposes of removal of (i) A flowage easement dated October 3, with paragraph (3)(B), all right, title, and in- the deauthorized structures to restore nat- 1936, recorded December 1, 1936, book 25 at terest in and to the land shall revert, at the ural river functions while providing green page 531 (records of Hood River County, Or- discretion of the Secretary, to the United space and ecotourism development, includ- egon), in favor of United States (302E-1-Per- States. ing the provision of roads, parking, camping, petual Flowage Easement from October 5, (f) GREEN RIVER LOCK AND DAM 5, BUTLER and boat access; or 1937, October 5, 1936, and October 3, 1936) (pre- AND WARREN COUNTIES, KENTUCKY.— (II) if the Department of Fish and Wildlife viously acquired as tracts OH-36 and OH-41 (1) IN GENERAL.—If the Secretary deter- Resources, Commonwealth of Kentucky, can- and a portion of tract OH-47). mines that the Corps of Engineers will not not fulfill the uses described in subclause (I), (ii) A flowage easement recorded October oversee and conduct the removal of the lock be transferred to county or local govern- 17, 1936, book 25 at page 476 (records of Hood and dam structure for Green River Lock and ments or private conservation entities for River County, Oregon), in favor of the United Dam 5 deauthorized under section 6001(1) continued public green space utilization as States, that affects that portion below the pursuant to the report of the Chief of Engi- described in subclause (I). 94-foot contour line above main sea level (304 neers relating to Green River Locks and (4) REVERSION.—If the Secretary deter- E-1-Perpetual Flowage Easement from Au- Dams 3, 4, 5, and 6 and Barren River Lock mines that the land conveyed under this sub- gust 10, 1937 and October 3, 1936) (previously and Dam 1, Kentucky, dated April 30, 2015, section ceases to be owned by the public or acquired as tract OH-42 and a portion of the lock and dam structure and associated is used for any purpose that is inconsistent tract OH-47). land shall be transferred through established with paragraph (3)(B), all right, title, and in- (B) TERMINATION.—With respect to the General Services Administration procedures terest in and to the land shall revert, at the properties described in paragraph (2), begin- to another entity for the express purposes discretion of the Secretary, to the United ning on the date of enactment of this Act, of— States. the flowage easements are terminated above

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5336 CONGRESSIONAL RECORD — SENATE September 7, 2016 elevation 82.4 feet (NGVD29), the ordinary permanent structures, including marina and all costs and administrative expenses associ- high water mark. recreation facilities. ated with any transfer carried out pursuant (2) AFFECTED PROPERTIES.—The properties (B) OTHER FEDERAL LAWS.—Any work de- to subparagraph (A), including costs associ- described in this paragraph, as recorded in scribed in subparagraph (A) shall be subject ated with any land survey required to deter- Hood River, County, Oregon, are as follows: to all applicable Federal law (including regu- mine the exact acreage and legal description (A) Lots 3, 4, 5, and 7 of the ‘‘Port of Cas- lations), including— of the land and improvements to be trans- cade Locks Business Park’’ subdivision, in- (i) sections 9 and 10 of the Act of March 3, ferred. strument #2014-00436. 1899 (commonly known as the ‘‘River and (C) OTHER TERMS AND CONDITIONS.—A trans- (B) Parcels 1, 2, and 3 of Hood River County Harbors Appropriation Act of 1899’’) (33 fer under subparagraph (A) shall be subject Partition plat No. 2008-25P. U.S.C. 401, 403); to such other terms and conditions as the (3) FEDERAL LIABILITIES; CULTURAL, ENVI- (ii) section 404 of the Federal Water Pollu- Secretary determines to be necessary and ap- RONMENTAL, OTHER REGULATORY REVIEWS.— tion Control Act (33 U.S.C. 1344); and propriate to protect the interests of the (A) FEDERAL LIABILITY.—The United States (iii) the National Environmental Policy United States. shall not be liable for any injury caused by Act of 1969 (42 U.S.C. 4321 et seq.). (3) REVERSION.—If the Secretary deter- the termination of the easement under this (k) SALT CREEK, GRAHAM, TEXAS.— mines that the land and improvements con- subsection. (1) IN GENERAL.—The project for flood con- veyed under paragraph (2) ceases to be owned (B) CULTURAL AND ENVIRONMENTAL REGU- trol, environmental restoration, and recre- by the public, all right, title, and interest in LATORY ACTIONS.—Nothing in this subsection ation, Salt Creek, Graham, Texas, author- and to the land and improvements shall re- establishes any cultural or environmental ized by section 101(a)(30) of the Water Re- vert, at the discretion of the Secretary, to regulation relating to the properties de- sources Development Act of 1999 (Public Law the United States. scribed in paragraph (2). 106–53; 113 Stat. 278-279), is no longer author- ized as a Federal project beginning on the (b) SARDIS LAKE, MISSISSIPPI.— (4) EFFECT ON OTHER RIGHTS.—Nothing in (1) IN GENERAL.—The Secretary is author- this subsection affects any remaining right date of enactment of this Act. (2) CERTAIN PROJECT-RELATED CLAIMS.—The ized to convey to the lessee, at full fair mar- or interest of the Corps of Engineers in the ket value, all right, title and interest of the properties described in paragraph (2). non-Federal sponsor for the project described in paragraph (1) shall hold and save the United Sates in and to the property identi- (j) DECLARATIONS OF NON-NAVIGABILITY FOR United States harmless from any claim that fied in the leases numbered DACW38-1-15-7, PORTIONS OF THE DELAWARE RIVER, PHILA- has arisen, or that may arise, in connection DACW38-1-15-33, DACW38-1-15-34, and DELPHIA, PENNSYLVANIA.— with the project. DACW38-1-15-38, subject to such terms and (1) IN GENERAL.—Subject to paragraphs (2) (3) TRANSFER.—The Secretary is authorized conditions as the Secretary determines to be and (3), unless the Secretary determines, to transfer any land acquired by the Federal necessary and appropriate to protect the in- after consultation with local and regional Government for the project on behalf of the terests of the United States. public officials (including local and regional non-Federal sponsor that remains in Federal (2) EASEMENT AND RESTRICTIVE COVENANT.— project planning organizations), that there ownership on or after the date of enactment The conveyance under paragraph (1) shall in- are substantive objections, the following por- of this Act to the non-Federal sponsor. clude— tions of the Delaware River, bounded by the (4) REVERSION.—If the Secretary deter- (A) a restrictive covenant to require the former bulkhead and pierhead lines estab- mines that the land that is integral to the approval of the Secretary for any substantial lished by the Secretary of War and succes- project described in paragraph (1) ceases to change in the use of the property; and sors, are declared to be non-navigable waters be owned by the public, all right, title, and (B) a flowage easement. of the United States: interest in and to the land and improve- (c) JOE POOL LAKE, TEXAS.—The Secretary (A) Piers 70 South through 38 South, en- ments shall revert, at the discretion of the shall accept from the Trinity River Author- compassing an area bounded by the southern Secretary, to the United States. ity of Texas, if received by September 30, line of Moore Street extended to the north- SEC. 5002. CONVEYANCES. 2016, $31,233,401 as payment in full of ern line of Catherine Street extended, in- (a) PEARL RIVER, MISSISSIPPI AND LOU- amounts owed to the United States, includ- cluding the following piers: Piers 70, 68, 67, ISIANA.— ing any accrued interest, for the approxi- 64, 61-63, 60, 57, 55, 46, 48, 40, and 38. (1) IN GENERAL.—The project for naviga- mately 61,747.1 acre-feet of water supply (B) Piers 24 North through 72 North, en- tion, Pearl River, Mississippi and Louisiana, storage space in Joe Pool Lake, Texas (pre- compassing an area bounded by the southern authorized by the first section of the Act of viously known as Lakeview Lake), for which line of Callowhill Street extended to the August 30, 1935 (49 Stat. 1033, chapter 831) and payment has not commenced under Article northern line of East Fletcher Street ex- section 101 of the River and Harbor Act of 5.a (relating to project investment costs) of tended, including the following piers: 24, 25, 1966 (Public Law 89–789; 80 Stat. 1405), is no contract number DACW63–76–C–0106 as of the 27-35, 35.5, 36, 37, 38, 39, 49, 51-52, 53-57, 58-65, longer authorized as a Federal project begin- date of enactment of this Act. 66, 67, 69, 70-72, and Rivercenter. ning on the date of enactment of this Act. (2) DETERMINATION.—The Secretary shall (2) TRANSFER.— TITLE VI—WATER RESOURCES make the determination under paragraph (1) (A) IN GENERAL.—Subject to subparagraphs INFRASTRUCTURE separately for each portion of the Delaware (B) and (C), the Secretary is authorized to River described in subparagraphs (A) and (B) convey to a State or local interest, without SEC. 6001. AUTHORIZATION OF FINAL FEASI- BILITY STUDIES. of paragraph (1), using reasonable discretion, consideration, all right, title, and interest of by not later than 150 days after the date of the United States in and to— The following final feasibility studies for submission of appropriate plans for that por- (i) any land in which the Federal Govern- water resources development and conserva- tion. ment has a property interest for the project tion and other purposes are authorized to be (3) LIMITS ON APPLICABILITY.— described in paragraph (1); and carried out by the Secretary substantially in (A) IN GENERAL.—Paragraph (1) applies (ii) improvements to the land described in accordance with the plan, and subject to the only to those parts of the areas described in clause (i). conditions, described in the respective re- that paragraph that are or will be bulk- (B) RESPONSIBILITY FOR COSTS.—The trans- ports designated in this section: headed and filled or otherwise occupied by feree shall be responsible for the payment of (1) NAVIGATION.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. TX Brazos Island Harbor November 3, 2014 Federal: $116,116,000 Non-Federal: $135,836,000 Total: $251,952,000

2. LA Calcasieu Lock December 2, 2014 Federal: $16,700,000 Non-Federal: $0 Total: $16,700,000

3. NH, ME Portsmouth Harbor and February 8, 2015 Federal: $15,580,000 Piscataqua River Non-Federal: $5,190,000 Total: $20,770,000

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C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

4. KY Green River Locks and Dams April 30, 2015 Federal: $0 3, 4, 5, and 6 and Barren Non-Federal: $0 River Lock and Dam 1 Dis- Total: $0 position

5. FL Port Everglades June 25, 2015 Federal: $220,200,000 Non-Federal: $102,500,000 Total: $322,700,000

6. AK Little Diomede August 10, 2015 Federal: $26,015,000 Non-Federal: $2,945,000 Total: $28,960,000

7. SC Charleston Harbor September 8, 2015 Federal: $224,300,000 Non-Federal: $269,000,000 Total: $493,300,000

8. AK Craig Harbor March 16, 2016 Federal: $29,062,000 Non-Federal: $3,255,000 Total: $32,317,000

ø(2) FLOOD RISK MANAGEMENT.—¿

ø C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. TX Leon Creek Watershed, San June 30, 2014 Federal: $18,314,000 Antonio Non-Federal: $9,861,000 Total: $28,175,000

2. MO, KS Armourdale and Central In- January 27, 2015 Federal: $207,036,000 dustrial District Levee Non-Federal: $111,481,000 Units, Missouri River and Total: $318,517,000 Tributaries at Kansas City

3. KS City of Manhattan April 30, 2015 Federal: $15,440,100 Non-Federal: $8,313,900 Total: $23,754,000

4. KS Upper Turkey Creek Basin December 22, 2015 Federal: $24,584,000 Non-Federal: $13,238,000 Total: $37,822,000

5. NC Princeville February 23, 2016 Federal: $14,001,000 Non-Federal: $7,539,000 Total: $21,540,000¿

(2) FLOOD RISK MANAGEMENT.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. TX Leon Creek Watershed, San An- June 30, 2014 Federal: $18,314,000 tonio Non-Federal: $9,861,000 Total: $28,175,000

2. MO, KS Armourdale and Central Indus- January 27, 2015 Federal: $207,036,000 trial District Levee Units, Mis- Non-Federal: $111,481,000 souri River and Tributaries at Total: $318,517,000 Kansas City

3. KS City of Manhattan April 30, 2015 Federal: $15,440,100 Non-Federal: $8,313,900 Total: $23,754,000

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C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

4. KS Upper Turkey Creek Basin December 22, 2015 Federal: $24,584,000 Non-Federal: $13,238,000 Total: $37,822,000

5. NC Princeville February 23, 2016 Federal: $14,001,000 Non-Federal: $7,539,000 Total: $21,540,000

6. CA West Sacramento April 26, 2016 Federal: $776,517,000 Non-Federal: $414,011,000 Total: $1,190,528,000

7. CA American River Watershed Com- April 26, 2016 Federal: $876,478,000 mon Features Non-Federal: $689,272,000 Total: $1,565,750,000

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

C. Date of Report of D. Estimated Initial Costs and Estimated Re- A. State B. Name Chief of Engineers nourishment Costs

1. SC Edisto Beach, Colleton County September 5, 2014 Initial Federal: $13,733,850 Initial Non-Federal: $7,395,150 Initial Total: $21,129,000 Renourishment Federal: $16,371,000 Renourishment Non-Federal: $16,371,000 Renourishment Total: $32,742,000

2. FL Flagler County December 23, 2014 Initial Federal: $9,218,300 Initial Non-Federal: $4,963,700 Initial Total: $14,182,000 Renourishment Federal: $15,390,000 Renourishment Non-Federal: $15,390,000 Renourishment Total: $30,780,000

3. NC Bogue Banks, Carteret County December 23, 2014 Initial Federal: $24,263,000 Initial Non-Federal: $13,064,000 Initial Total: $37,327,000 Renourishment Federal: $114,728,000 Renourishment Non-Federal: $114,728,000 Renourishment Total: $229,456,000

4. NJ Hereford Inlet to Cape May January 23, 2015 Initial Federal: $14,040,000 Inlet, New Jersey Shoreline Initial Non-Federal: $7,560,000 Protection Project, Cape Initial Total: $21,600,000 May County Renourishment Federal: $41,215,000 Renourishment Non-Federal: $41,215,000 Renourishment Total: $82,430,000

5. LA West Shore Lake Pont- June 12, 2015 Federal: $466,760,000 chartrain Non-Federal: $251,330,000 Total: $718,090,000

6. CA Encinitas-Solana Beach Coast- March 29, 2016 Initial Federal: $20,166,000 al Storm Damage Reduction Initial Non-Federal: $10,858,000 Initial Total: $31,024,000 Renourishment Federal: $68,215,000 Renourishment Non-Federal: $68,215,000 Renourishment Total: $136,430,000

(4) FLOOD RISK MANAGEMENT AND ENVIRON- MENTAL RESTORATION.—

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C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. IL, WI Upper Des Plaines River and June 8, 2015 Federal: $199,393,000 Tributaries Non-Federal: $107,694,000 Total: $307,087,000

2. CA South San Francisco Bay December 18, 2015 Federal: $69,521,000 Shoreline Non-Federal: $104,379,000 Total: $173,900,000

(5) ENVIRONMENTAL RESTORATION.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. FL Central Everglades Planning December 23, 2014 Federal: $976,375,000 Project, Comprehensive Ev- Non-Federal: $974,625,000 erglades Restoration Plan, Total: $1,951,000,000 Central and Southern Flor- ida Project

2. OR Lower Willamette River Envi- December 14, 2015 Federal: $19,143,000 ronmental Dredging Non-Federal: $10,631,000 Total: $29,774,000

3. WA Skokomish River December 14, 2015 Federal: $12,782,000 Non-Federal: $6,882,000 Total: $19,664,000

4. CA LA River Ecosystem Restora- December 18, 2015 Federal: $375,773,000 tion Non-Federal: $980,835,000 Total: $1,356,608,000

SEC. 6002. AUTHORIZATION OF PROJECT MODI- tion and other purposes are authorized to be Director of Civil Works, as specified in the FICATIONS RECOMMENDED BY THE carried out by the Secretary substantially in reports referred to in this section: SECRETARY. accordance with the recommendations of the The following project modifications for water resources development and conserva-

A. State B. Name C. Date of Director’s Report D. Updated Authorization Project Costs

1. KS, MO Turkey Creek Basin November 4, 2015 Estimated Federal: $96,880,750 Estimated Non-Federal: $52,954,250 Total: $149,835,000

2. MO Blue River Basin November 6, 2015 Estimated Federal: $34,537,000 Estimated Non-Federal: $11,512,000 Total: $46,049,000

3. FL Picayune Strand March 9, 2016 Estimated Federal: $311,269,000 Estimated Non-Federal: $311,269,000 Total: $622,538,000

4. KY Ohio River Shoreline March 11, 2016 Estimated Federal: $20,309,900 Estimated Non-Federal: $10,936,100 Total: $31,246,000

SEC. 6003. AUTHORIZATION OF STUDY AND MODI- (2) by adding at the end the following: (b) OUACHITA-BLACK RIVERS, ARKANSAS AND FICATION PROPOSALS SUBMITTED LOUISIANA.—The Secretary shall conduct a TO CONGRESS BY THE SECRETARY. ‘‘(e) CONSIDERATION OF NATIONAL SECURITY INTERESTS.—In carrying out a study of the study to determine the feasibility of modi- (a) ARCTIC DEEP DRAFT PORT DEVELOPMENT feasibility of an Arctic deep draft port, the fying the project for navigation, Ouachita- PARTNERSHIPS.—Section 2105 of the Water Secretary— Black Rivers, authorized by section 101 of Resources Reform and Development Act of ‘‘(1) shall consult with the Secretary of the River and Harbor Act of 1960 (Public Law 2014 (33 U.S.C. 2243) is amended— Homeland Security and the Secretary of De- 86–645; 74 Stat. 481) to include bank stabiliza- (1) by striking ‘‘(25 U.S.C. 450b))’’ each fense to identify national security benefits tion and water supply as project purposes. place it appears and inserting ‘‘(25 U.S.C. associated with an Arctic deep draft port; 250b)) and a Native village, Regional Cor- and (c) CACHE CREEK BASIN, CALIFORNIA.— poration, or Village Corporation (as those ‘‘(2) if appropriate, as determined by the (1) IN GENERAL.—The Secretary shall pre- terms are defined in section 3 of the Alaska Secretary, may determine a port described pare a general reevaluation report on the Native Claims Settlement Act (43 U.S.C. in paragraph (1) is feasible based on the bene- project for flood control, Cache Creek Basin, 1602)’’; and fits described in that paragraph.’’. California, authorized by section 401(a) of the

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Water Resources Development Act of 1986 (m) SAVANNAH RIVER BELOW AUGUSTA, (1) IN GENERAL.—The Secretary shall con- (Public Law 99–662; 100 Stat. 4112). GEORGIA.—The Secretary shall conduct a duct a study to determine the feasibility of (2) REQUIREMENTS.—In preparing the report study to determine the feasibility of modi- modifying the projects for flood risk man- under paragraph (1), the Secretary shall fying the project for navigation, Savannah agement, Tulsa and West Tulsa, Oklahoma, identify specific needed modifications to ex- River below Augusta, Georgia, authorized by authorized by section 3 of the Act of August isting project authorities— the first section of the Act of July 3, 1930 (46 18, 1941 (55 Stat. 645; chapter 377). (A) to increase basin capacity; Stat. 924, chapter 847), to include aquatic (2) REQUIREMENTS.— (B) to decrease the long-term maintenance; ecosystem restoration, water supply, recre- (A) IN GENERAL.—In carrying out the study and ation, sediment management, and flood con- under paragraph (1), the Secretary shall ad- (C) to provide opportunities for ecosystem trol as project purposes. dress project deficiencies, uncertainties, and benefits for the Sacramento River flood con- (n) DUBUQUE, IOWA.—The Secretary shall significant data gaps, including material, trol project. conduct a study to determine the feasibility construction, and subsurface, which render (d) COYOTE VALLEY DAM, CALIFORNIA.—The of modifying the project for flood protection, the project at risk of overtopping, breaching, Secretary shall conduct a study to determine Dubuque, Iowa, authorized by section 208 of or system failure. the Flood Control Act of 1965 (Public Law 89– the feasibility of carrying out a project for (B) ADDRESSING DEFICIENCIES.—In address- 298; 79 Stat. 1086), to increase the level of flood damage reduction, environmental res- ing deficiencies under subparagraph (A), the flood protection and reduce flood damages. toration, and water supply by modifying the Secretary shall incorporate current design (o) MISSISSIPPI RIVER SHIP CHANNEL, GULF Coyote Valley Dam, California. standards and efficiency improvements, in- TO BATON ROUGE, LOUISIANA.—The Secretary (e) DEL ROSA DRAINAGE AREA, CALI- cluding the replacement of mechanical and FORNIA.—The Secretary shall conduct a shall conduct a study to determine the feasi- bility of modifying the project for naviga- electrical components at pumping stations, study to determine the feasibility of car- if the incorporation does not significantly rying out projects for flood control and eco- tion, Mississippi River Ship Channel, Gulf to Baton Rouge, Louisiana, authorized by sec- change the scope, function, or purpose of the system restoration in the cities of San project. Bernardino and Highland, San Bernardino tion 201(a) of the Harbor Development and (3) PRIORITIZATION TO ADDRESS SIGNIFICANT County, California. Navigation Improvement Act of 1986 (Public RISKS.—In any case in which a levee or levee (f) MERCED COUNTY, CALIFORNIA.—The Sec- Law 99–662; 100 Stat. 4090), to deepen the system (as defined in section 9002 of the retary shall prepare a general reevaluation channel approaches and the associated area Water Resources Reform and Development report on the project for flood control, on the left descending bank of the Mis- Merced County streams project, California, sissippi River between mile 98.3 and mile Act of 2007 (33 U.S.C. 3301)) is classified as a authorized by section 10 of the Act of Decem- 100.6 Above Head of Passes (AHP) to a depth Class I or II under the levee safety action ber 22, 1944 (58 Stat. 900; chapter 665), to in- equal to the Channel. classification tool developed by the Corps of vestigate the flood risk management oppor- (p) ST. TAMMANY PARISH GOVERNMENT COM- Engineers, the Secretary shall expedite the tunities and improve levee performance PREHENSIVE COASTAL MASTER PLAN, LOU- project for budget consideration. (u) JOHNSTOWN, PENNSYLVANIA.—The Sec- along Black Rascal Creek and Bear Creek. ISIANA.—The Secretary shall conduct a study retary shall conduct a study to determine (g) MISSION-ZANJA DRAINAGE AREA, CALI- to determine the feasibility of carrying out the feasibility of modifying the project for FORNIA.—The Secretary shall conduct a projects described in the St. Tammany Par- study to determine the feasibility of car- ish Comprehensive Coastal Master Plan for flood control, Johnstown, Pennsylvania, au- rying out projects for flood control and eco- flood control, shoreline protection, and eco- thorized by the Act of June 22, 1936 (49 Stat. system restoration in the cities of Redlands, system restoration in St. Tammany Parish, 1570, chapter 688; 50 Stat. 880) (commonly Loma Linda, and San Bernardino, California, Louisiana. known as the ‘‘Flood Control Act of 1936’’), (q) CAYUGA INLET, ITHACA, NEW YORK.—The and unincorporated counties of San to include aquatic ecosystem restoration, Secretary shall conduct a study to determine Bernardino County, California. recreation, sediment management, and in- the feasibility of modifying the project for (h) SANTA ANA RIVER BASIN, CALIFORNIA.— crease the level of flood control. flood protection, Great Lakes Basin, author- The Secretary shall conduct a study to de- (v) CHACON CREEK, TEXAS.—Notwith- ized by section 203 of the Flood Control Act termine the feasibility of modifying the standing any other provision of law (includ- of 1960 (Public Law 86–645; 74 Stat. 488) to in- project for flood damage reduction by modi- ing any resolution of a Committee of Con- clude sediment management as a project fying the San Jacinto and Bautista Creek gress), the study conducted by the Secretary purpose on the Cayuga Inlet, Ithaca, New Improvement Project, part of the Santa Ana described in the resolution adopted by the York. River Basin Project in Riverside County, Committee on Transportation and Infra- (r) CHAUTAUQUA COUNTY, NEW YORK.— California. structure of the House of Representatives on (1) IN GENERAL.—The Secretary shall con- (i) DELAWARE BAY COASTLINE, DELAWARE May 21, 2003, relating to flood damage reduc- duct a study to determine the feasibility of AND NEW JERSEY-ROOSEVELT INLET-LEWES tion, environmental restoration and protec- carrying out projects for flood risk manage- BEACH, DELAWARE.—The Secretary shall con- tion, water conservation and supply, water duct a study to determine the feasibility of ment, navigation, environmental dredging, quality, and related purposes in the Rio modifying the project for shoreline protec- and ecosystem restoration on the Grande Watershed below Falcon Dam, shall tion and ecosystem restoration, Delaware Cattaraugus, Silver Creek, and Chautauqua include the area above Falcon Dam. Bay Coastline, Delaware and New Jersey- Lake tributaries in Chautauqua County, New (w) CORPUS CHRISTI SHIP CHANNEL, Roosevelt Inlet-Lewes Beach, Delaware, au- York. TEXAS.—The Secretary shall conduct a study thorized by section 101(a)(13) of the Water (2) EVALUATION OF POTENTIAL SOLUTIONS.— to determine the feasibility of modifying the Resources Development Act of 1999 (Public In conducting the study under paragraph (1), project for navigation and ecosystem res- Law 106–53; 113 Stat. 276), to extend the au- the Secretary shall evaluate potential solu- toration, Corpus Christi Ship Channel, thorized project limit from the current east- tions to flooding from all sources, including Texas, authorized by section 1001(40) of the ward terminus to a distance of 8,000 feet east flooding that results from ice jams. Water Resources Development Act of 2007 of the Roosevelt Inlet east jetty. (s) CINCINNATI, OHIO.— (Public Law 110–114; 121 Stat. 1056), to de- (j) MISPILLION INLET, CONCH BAR, DELA- (1) IN GENERAL.—The Secretary shall re- velop and evaluate alternatives that address WARE.—The Secretary shall conduct a study view the ecosystem restoration and flood navigation problems directly affecting the to determine the feasibility of carrying out a risk reduction components of the Central Corpus Christi Ship Channel, La Quinta project for navigation and shoreline protec- Riverfront Park Master Plan, dated Decem- Channel, and La Quinta Channel Extension, tion at Mispillion Inlet and Conch Bar, Sus- ber 1999, for the purpose of determining including deepening the La Quinta Channel, sex County, Delaware. whether or not the study, and the process 2 turning basins, and the wye at La Quinta (k) DAYTONA BEACH FLOOD PROTECTION, under which the study was developed, each Junction. FLORIDA.—The Secretary shall conduct a comply with Federal law (including regula- (x) TRINITY RIVER AND TRIBUTARIES, study to determine the feasibility of car- tions) applicable to feasibility studies for TEXAS.— rying out projects for flood control in the water resources development projects. (1) REVIEW.—Not later than 180 days after city of Daytona Beach, Florida. (2) RECOMMENDATION.—Not later than 180 the date of enactment of this Act, the Sec- (l) BRUNSWICK HARBOR, GEORGIA.—The Sec- days after reviewing the Master Plan under retary shall review the economic analysis of retary shall conduct a study to determine paragraph (1), the Secretary shall submit to the Center for Economic Development and the feasibility of modifying the project for Congress— Research of the University of North Texas navigation, Brunswick Harbor, Georgia, au- (A) the results of the review of the Master entitled ‘‘Estimated Economic Benefits of thorized by section 101(a)(19) of the Water Plan, including a determination of whether the Modified Central City Project (Trinity Resources and Development Act of 1999 (Pub- any project identified in the plan is feasible; River Vision) in Fort Worth, Texas’’ and lic Law 106–53; 113 Stat. 277)— (B) any recommendations of the Secretary dated November 2014. (1) to widen the existing bend in the Fed- related to any modifications to section 5116 (2) AUTHORIZATION.—The project for flood eral navigation channel at the intersection of the Water Resources Development Act of control and other purposes on the Trinity of Cedar Hammock and Brunswick Point Cut 2007 (Public Law 110–114; 121 Stat. 1238) nec- River and tributaries, Texas, authorized by Ranges; and essary to carry out any projects determined the River and Harbor Act of 1965 (Public Law (2) to extend the northwest side of the ex- to be feasible. 89–298; 79 Stat. 1091), as modified by section isting South Brunswick River Turning (t) TULSA AND WEST TULSA, ARKANSAS 116 the Energy and Water Development Ap- Basin. RIVER, OKLAHOMA.— propriations Act, 2005 (Public Law 108–447;

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118 Stat. 2944), is further modified to author- drinking water state revolving loan funds de- ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.—After ize the Secretary to carry out projects de- scribed in subsection (a) over a period of 5 determining project priorities under sub- scribed in the recommended plan of the eco- years would generate $7,430,000,000 in Federal paragraph (B), an intended use plan shall nomic analysis described in paragraph (1), if tax revenue and, when additional spending provide that the State shall give greater the Secretary determines, based on the re- from the State revolving loan funds is con- weight to an application for assistance by a view referred to in paragraph (1), that— sidered to be the result of leveraging the community water system if the application (A) the economic analysis and the process Federal investment, the Federal investment includes such information as the State deter- by which the economic analysis was devel- will result in $32,300,000,000 in Federal tax mines to be necessary and contains— oped complies with Federal law (including revenue during that 5-year period. ‘‘(i) a description of utility management regulations) applicable to economic analyses (2) An increase in employment, as evi- best practices undertaken by a treatment for water resources development projects; denced by the following: works applying for assistance, including— and (A) Every $1,000,000 in State revolving loan ‘‘(I) an inventory of assets, including a de- (B) based on the economic analysis, the fund spending generates 16 1⁄2 jobs. scription of the condition of the assets; recommended plan in the supplement to the (B) $34,700,000,000 in Federal capitalization ‘‘(II) a schedule for replacement of assets; final environmental impact statement for grants for State revolving loan funds over a ‘‘(III) a financing plan that factors in all the Central City Project, Upper Trinity period of 5 years would result in 506,000 jobs. lifecycle costs indicating sources of revenue River entitled ‘‘Final Supplemental No. 1’’ is (3) An increase in economic output: from ratepayers, grants, bonds, other loans, economically justified. (A) Every $1,000,000 in State revolving loan and other sources to meet the costs; and (3) LIMITATION.—The Federal share of the fund spending results in $2,950,000 in output ‘‘(IV) a review of options for restructuring cost of the recommended plan described in for the economy of the United States. the public water system; paragraph (2) shall not exceed $520,000,000, of (B) $34,700,000,000 in Federal capitalization ‘‘(ii) demonstration of consistency with which not more than $5,500,000 may be ex- grants for State revolving loan funds over a State, regional, and municipal watershed pended to carry out recreation features of period of 5 years will generate $102,700,000,000 plans; the project. in total economic output. ‘‘(iii) a water conservation plan consistent (y) CHINCOTEAGUE ISLAND, VIRGINIA.—The Subtitle A—Drinking Water with guidelines developed for those plans by Secretary shall conduct a study to determine SEC. 7101. PRECONSTRUCTION WORK. the Administrator under section 1455(a); and the feasibility of carrying out projects for Section 1452(a)(2) of the Safe Drinking ‘‘(iv) approaches to improve the sustain- ecosystem restoration and flood control, Water Act (42 U.S.C. 300j–12(a)(2)) is amend- ability of the system, including— Chincoteague Island, Virginia, authorized by ed— ‘‘(I) water efficiency or conservation, in- section 8 of Public Law 89–195 (16 U.S.C. 459f– (1) by designating the first, second, third, cluding the rehabilitation or replacement of 7) (commonly known as the ‘‘Assateague Is- fourth, and fifth sentences as subparagraphs existing leaking pipes; land National Seashore Act’’) for— (A), (B), (D), (E), and (F), respectively; ‘‘(II) use of reclaimed water; (1) assessing the current and future func- (2) in subparagraph (B) (as designated by ‘‘(III) actions to increase energy efficiency; tion of the barrier island, inlet, and coastal paragraph (1))— and bay system surrounding Chincoteague Is- (A) by striking ‘‘(not’’ and inserting ‘‘(in- ‘‘(IV) implementation of source water pro- land; cluding expenditures for planning, design, tection plans.’’; and (2) developing an array of options for re- and associated preconstruction activities, in- (3) in subparagraph (D) (as redesignated by source management; and cluding activities relating to the siting of paragraph (1)), by striking ‘‘periodically’’ (3) evaluating the feasibility and cost asso- the facility, but not’’; and and inserting ‘‘at least biennially’’. ciated with sustainable protection and res- (B) by inserting before the period at the toration areas. SEC. 7103. ADMINISTRATION OF STATE LOAN end the following: ‘‘or to replace or rehabili- (z) BURLEY CREEK WATERSHED, WASH- FUNDS. INGTON.—The Secretary shall conduct a tate aging treatment, storage, or distribu- tion facilities of public water systems or pro- Section 1452(g)(2) of the Safe Drinking study to determine the feasibility of car- Water Act (42 U.S.C. 300j–12(g)(2)) is amend- rying out projects for flood control and vide for capital projects (excluding any ex- penditure for operations and maintenance) ed— aquatic ecosystem restoration in the Burley (1) in the first sentence, by striking ‘‘up to Creek Watershed, Washington. to upgrade the security of public water sys- tems’’; and 4 percent of the funds allotted to the State TITLE VII—SAFE DRINKING WATER AND (3) by inserting after subparagraph (B) (as under this section’’ and inserting ‘‘, for each CLEAN WATER INFRASTRUCTURE designated by paragraph (1)) the following: fiscal year, an amount that does not exceed SEC. 7001. DEFINITION OF ADMINISTRATOR. the sum of the amount of any fees collected ‘‘(C) SALE OF BONDS.—Funds may also be In this title, the term ‘‘Administrator’’ used by a public water system as a source of by the State for use in covering reasonable means the Administrator of the Environ- revenue (restricted solely to interest earn- costs of administration of programs under mental Protection Agency. ings of the applicable State loan fund) or se- this section, regardless of the source, and an 1 SEC. 7002. SENSE OF THE SENATE ON APPRO- curity for payment of the principal and in- amount equal to the greatest of $400,000, ⁄5 PRIATIONS LEVELS AND FINDINGS percent of the current valuation of the fund, ON ECONOMIC IMPACTS. terest on revenue or general obligation bonds issued by the State to provide matching or 4 percent of all grant awards to the fund (a) SENSE OF THE SENATE.—It is the sense under this section for the fiscal year,’’; and of the Senate that Congress should provide funds under subsection (e), if the proceeds of the sale of the bonds will be deposited in the (2) by striking ‘‘1419,’’ and all that follows robust funding for the State drinking water through ‘‘1993.’’ and inserting ‘‘1419.’’. treatment revolving loan funds established State loan fund.’’. under section 1452 of the Safe Drinking SEC. 7102. PRIORITY SYSTEM REQUIREMENTS. SEC. 7104. OTHER AUTHORIZED ACTIVITIES. Water Act (42 U.S.C. 300j–12) and the State Section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. 300j–12(b)(3)) is amend- Section 1452(k)(2)(D) of the Safe Drinking water pollution control revolving funds es- Water Act (42 U.S.C. 300j–12(k)(2)(D)) is tablished under title VI of the Federal Water ed— (1) by redesignating subparagraph (B) as amended by inserting before the period at Pollution Control Act (33 U.S.C. 1381 et seq.). the end the following: ‘‘(including implemen- (b) FINDINGS.—Congress finds, based on an subparagraph (D); tation of source water protection plans)’’. analysis sponsored by the Water Environ- (2) by striking subparagraph (A) and in- ment Federation and the WateReuse Asso- serting the following: SEC. 7105. NEGOTIATION OF CONTRACTS. ciation of the nationwide impact of State re- ‘‘(A) DEFINITION OF RESTRUCTURING.—In Section 1452 of the Safe Drinking Water volving loan fund spending using the this paragraph, the term ‘restructuring’ Act (42 U.S.C. 300j–12) is amended by adding IMPLAN economic model developed by the means changes in operations (including own- Federal Government, that, in addition to the ership, cooperative partnerships, asset man- at the end the following: public health and environmental benefits, agement, consolidation, and alternative ‘‘(s) NEGOTIATION OF CONTRACTS.—For com- the Federal investment in safe drinking water supply). munities with populations of more than water and clean water provides the following ‘‘(B) PRIORITY SYSTEM.—An intended use 10,000 individuals, a contract to be carried benefits: plan shall provide, to the maximum extent out using funds directly made available by a (1) Generation of significant Federal tax practicable, that priority for the use of funds capitalization grant under this section for revenue, as evidenced by the following: be given to projects that— program management, construction manage- (A) Every dollar of a Federal capitalization ‘‘(i) address the most serious risk to ment, feasibility studies, preliminary engi- grant returns $0.21 to the general fund of the human health; neering, design, engineering, surveying, Treasury in the form of Federal taxes and, ‘‘(ii) are necessary to ensure compliance mapping, or architectural or related services when additional spending from the State re- with this title (including requirements for shall be negotiated in the same manner as— volving loan funds is considered to be the re- filtration); ‘‘(1) a contract for architectural and engi- sult of leveraging the Federal investment, ‘‘(iii) assist systems most in need on a per- neering services is negotiated under chapter every dollar of a Federal capitalization grant household basis according to State afford- 11 of title 40, United States Code; or returns $0.93 in Federal tax revenue. ability criteria; and ‘‘(2) an equivalent State qualifications- (B) A combined $34,700,000,000 in capitaliza- ‘‘(iv) improve the sustainability of sys- based requirement (as determined by the tion grants for the clean water and state tems. Governor of the State).’’.

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5342 CONGRESSIONAL RECORD — SENATE September 7, 2016 SEC. 7106. ASSISTANCE FOR SMALL AND DIS- ‘‘(3) to pay 100 percent of any operation, ‘‘(B) an Indian tribe (as defined in section ADVANTAGED COMMUNITIES. maintenance, repair, replacement, and reha- 4 of the Indian Self-Determination and Edu- (a) IN GENERAL.—Part E of the Safe Drink- bilitation costs associated with the project. cation Assistance Act (25 U.S.C. 450b)). ing Water Act (42 U.S.C. 300j et seq.) is ‘‘(g) WAIVER.—The Administrator may ‘‘(b) GRANT PROGRAM.— amended by adding at the end the following: waive the requirement to pay the non-Fed- ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DIS- eral share of the cost of carrying out an eli- shall establish a grant program to provide ADVANTAGED COMMUNITIES. gible activity using funds from a grant pro- assistance to eligible entities for lead reduc- ‘‘(a) DEFINITION OF UNDERSERVED COMMU- vided under this section if the Administrator tion projects in the United States. NITY.—In this section: determines that an eligible entity is unable ‘‘(2) PRECONDITION.—As a condition of re- ‘‘(1) IN GENERAL.—The term ‘underserved to pay, or would experience significant fi- ceipt of assistance under this section, before community’ means a local political subdivi- nancial hardship if required to pay, the non- receiving the assistance the eligible entity sion that, as determined by the Adminis- Federal share. shall take steps to identify— trator, has an inadequate drinking water or ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) the source of lead in water for human wastewater system. There are authorized to be appropriated to consumption; and ‘‘(2) INCLUSIONS.—The term ‘underserved carry out this section— ‘‘(B) the means by which the proposed lead community’ includes a local political sub- ‘‘(1) $230,000,000 for fiscal year 2017; and reduction project would reduce lead levels in division that, as determined by the Adminis- ‘‘(2) $300,000,000 for each of fiscal years 2018 the applicable water system. trator— through 2021.’’. ‘‘(3) PRIORITY APPLICATION.—In providing ‘‘(A) does not have household drinking (b) FUNDING.—Out of any funds in the grants under this subsection, the Adminis- water or wastewater services; and Treasury not otherwise appropriated, the trator shall give priority to an eligible enti- ‘‘(B) has a drinking water system that fails Secretary of the Treasury shall transfer to ty that— to meet health-based standards under this the Administrator to provide grants to eligi- ø‘‘(A) demonstrates that the eligible entity Act, including— ble entities under section 1459A of the Safe is unable to fund the proposed lead reduction ‘‘(i) a maximum contaminant level for a Drinking Water Act (as added by subsection project through other sources of funding; primary drinking water contaminant; (a)), $20,000,000, to remain available until ex- and¿ ‘‘(ii) a treatment technique violation; and pended. ‘‘(A) the Administrator determines, based on ‘‘(iii) an action level exceedance. affordability criteria established by the State SEC. 7107. REDUCING LEAD IN DRINKING WATER. ‘‘(b) ESTABLISHMENT.— under section 1452(d)(3), to be a disadvantaged ‘‘(1) IN GENERAL.—The Administrator shall (a) IN GENERAL.—Part E of the Safe Drink- community; and establish a program under which grants are ing Water Act (42 U.S.C. 300j et seq.) (as ‘‘(B) proposes to— provided to eligible entities for use in car- amended by section 7106) is amended by add- ‘‘(i) carry out a lead reduction project at a rying out projects and activities the primary ing at the end the following: public water system or nontransient non- purposes of which are to assist community ‘‘SEC. 1459B. REDUCING LEAD IN DRINKING community water system that has exceeded water systems in meeting the requirements WATER. the lead action level established by the Ad- of this Act. ‘‘(a) DEFINITIONS.—In this section: ministrator at any time during the 3-year ‘‘(2) INCLUSIONS.—Projects and activities ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible period preceding the date of submission of under paragraph (1) include— entity’ means— the application of the eligible entity; ‘‘(A) infrastructure investments necessary ‘‘(A) a community water system; ‘‘(ii) address lead levels in water for human to comply with the requirements of this Act, ‘‘(B) a system located in an area governed consumption at a school, daycare, or other ‘‘(B) assistance that directly and primarily by an Indian Tribe; facility that primarily serves children or an- benefits the disadvantaged community on a ‘‘(C) a nontransient noncommunity water other vulnerable human subpopulation; or per-household basis, and system; ‘‘(iii) address such priority criteria as the ‘‘(C) programs to provide water quality ‘‘(D) a qualified nonprofit organization, as Administrator may establish, consistent testing. determined by the Administrator; and with the goal of reducing lead levels of con- ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible ‘‘(E) a municipality or State, interstate, or cern. to receive a grant under this section— intermunicipal agency. ‘‘(4) COST SHARING.— ‘‘(1) is— ‘‘(2) LEAD REDUCTION PROJECT.— ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(A) a community water system as defined ‘‘(A) IN GENERAL.—The term ‘lead reduc- (B), the non-Federal share of the total cost in section 1401; or tion project’ means a project or activity the of a project funded by a grant under this sub- ‘‘(B) a system that is located in an area primary purpose of which is to reduce the section shall be not less than 20 percent. governed by an Indian Tribe (as defined in level of lead in water for human consump- ‘‘(B) WAIVER.—The Administrator may re- section 1401); and tion by— duce or eliminate the non-Federal share ‘‘(2) serves a community that, under af- ‘‘(i) replacement of publicly owned lead under subparagraph (A) for reasons of afford- fordability criteria established by the State service lines; ability, as the Administrator determines to under section 1452(d)(3), is determined by the ‘‘(ii) testing, planning, or other relevant be appropriate. State— activities, as determined by the Adminis- ‘‘(5) LOW-INCOME ASSISTANCE.— ‘‘(A) to be a disadvantaged community; trator, to identify and address conditions ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(B) to be a community that may become (including corrosion control) that contribute (B), an eligible entity may use a grant pro- a disadvantaged community as a result of to increased lead levels in water for human vided under this subsection to provide assist- carrying out an eligible activity; or consumption; ance to low-income homeowners to carry out ‘‘(C) to serve a community with a popu- ‘‘(iii) assistance to low-income home- lead reduction projects. lation of less than 10,000 individuals that the owners to replace privately owned service ‘‘(B) LIMITATION.—The amount of a grant Administrator determines does not have the lines, pipes, fittings, or fixtures that contain provided to a low-income homeowner under capacity to incur debt sufficient to finance lead; and this paragraph shall not exceed the cost of the project under subsection (b). ‘‘(iv) education of consumers regarding replacement of the privately owned portion ‘‘(d) PRIORITY.—In prioritizing projects for measures to reduce exposure to lead from of the service line. implementation under this section, the Ad- drinking water or other sources. ‘‘(6) SPECIAL CONSIDERATION FOR LEAD SERV- ministrator shall give priority to systems ‘‘(B) LIMITATION.—The term ‘lead reduction ICE LINE REPLACEMENT.—In carrying out lead that serve underserved communities. project’ does not include a partial lead serv- service line replacement using a grant under ‘‘(e) LOCAL PARTICIPATION.—In prioritizing ice line replacement if, at the conclusion of this subsection, an eligible entity shall— projects for implementation under this sec- the service line replacement, drinking water ‘‘(A) notify customers of the replacement tion, the Administrator shall consult with, is delivered to a household through a pub- of any publicly owned portion of the lead and consider the priorities of, affected licly or privately owned portion of a lead service line; States, Indian Tribes, and local govern- service line. ‘‘(B) in the case of a homeowner who is not ments. ‘‘(3) LOW-INCOME.—The term ‘low-income’, low-income, offer to replace the privately ‘‘(f) COST SHARING.—Before carrying out with respect to an individual provided assist- owned portion of the lead service line at the any project under this section, the Adminis- ance under this section, has such meaning as cost of replacement; trator shall enter into a binding agreement may be given the term by the head of the ‘‘(C) in the case of a low-income home- with 1 or more non-Federal interests that municipality or State, interstate, or inter- owner, offer to replace the privately owned shall require the non-Federal interests— municipal agency with jurisdiction over the portion of the lead service line and any ‘‘(1) to pay not less than 45 percent of the area to which assistance is provided. pipes, fitting, and fixtures that contain lead total costs of the project, which may include ‘‘(4) MUNICIPALITY.—The term ‘munici- at a cost that is equal to the difference be- services, materials, supplies, or other in- pality’ means— tween— kind contributions; ‘‘(A) a city, town, borough, county, parish, ‘‘(i) the cost of replacement; and ‘‘(2) to provide any land, easements, rights- district, association, or other public entity ‘‘(ii) the amount of low-income assistance of-way, and relocations necessary to carry established by, or pursuant to, applicable available to the homeowner under paragraph out the project; and State law; and (5);

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5343 ‘‘(D) notify each customer that a planned the public of the concentrations of lead ‘‘(ii) a tribal education agency (as defined replacement of any publicly owned portion found in a monitoring activity. in section 3 of the National Environmental of a lead service line that is funded by a ‘‘(B) RESULTS OF LEAD MONITORING.— Education Act (20 U.S.C. 5502)); and grant made under this subsection will not be ‘‘(i) IN GENERAL.—The Administrator may ‘‘(iii) an operator of a child care program carried out unless the customer agrees to the provide notice of any result of lead moni- facility. simultaneous replacement of the privately toring conducted by a public water system ‘‘(2) ESTABLISHMENT.— owned portion of the lead service line; and to— ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘(E) demonstrate that the eligible entity ‘‘(I) any person that is served by the public after the date of enactment of the Water Re- has considered multiple options for reducing water system; or sources Development Act of 2016, the Admin- lead in drinking water, including an evalua- ‘‘(II) the local or State health department istrator shall establish a voluntary school tion of options for corrosion control. of a locality or State in which the public and child care lead testing grant program to ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— water system is located. make grants available to States to assist There is authorized to be appropriated to ‘‘(ii) FORM OF NOTICE.—The Administrator local educational agencies in voluntary test- carry out this section $60,000,000 for each of may provide the notice described in clause ing for lead contamination in drinking water fiscal years 2017 through 2021.’’. (i) by— at schools and child care programs under the (b) FUNDING.—Out of any funds in the ‘‘(I) press release; or jurisdiction of the local educational agen- Treasury not otherwise appropriated, the ‘‘(II) other form of communication, includ- cies. Secretary of the Treasury shall transfer to ing local media. ‘‘(B) GRANTS TO LOCAL EDUCATIONAL AGEN- the Administrator to provide grants to eligi- ‘‘(C) PRIVACY.—Notice to the public shall CIES.—The Administrator may make grants ble entities under this section under section protect the privacy of individual customer directly available to local educational agen- information.’’. 1459B of the Safe Drinking Water Act (as cies for the voluntary testing described in added by subsection (a)), $20,000,000, to re- (b) CONFORMING AMENDMENTS.—Section subparagraph (A) in— main available until expended. 1414(c) of the Safe Drinking Water Act (42 ‘‘(i) any State that does not participate in SEC. 7108. REGIONAL LIAISONS FOR MINORITY, U.S.C. 300g–3(c)) is amended— the voluntary school and child care lead TRIBAL, AND LOW-INCOME COMMU- (1) in paragraph (1)(C), by striking ‘‘para- testing grant program established under that NITIES. graph (2)(E)’’ and inserting ‘‘paragraph subparagraph; and (a) IN GENERAL.—The Administrator shall (2)(F)’’; ‘‘(ii) any direct implementation area. appoint not fewer than 1 employee in each (2) in paragraph (2)(B)(i)(II), by striking ‘‘(3) APPLICATION.—To be eligible to receive regional office of the Environmental Protec- ‘‘subparagraph (D)’’ and inserting ‘‘subpara- a grant under this subsection, a State or tion Agency to serve as a liaison to minor- graph (E)’’; and local educational agency shall submit to the ity, tribal, and low-income communities in (3) in paragraph (3)(B), in the first sen- Administrator an application at such time, the relevant region. tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. in such manner, and containing such infor- (b) PUBLIC IDENTIFICATION.—The Adminis- SEC. 7110. ELECTRONIC REPORTING OF DRINK- mation as the Administrator may require. trator shall identify each regional liaison se- ING WATER DATA. lected under subsection (a) on the website ‘‘(4) USE OF FUNDS.— of— Section 1414 of the Safe Drinking Water ‘‘(A) IN GENERAL.—A State or local edu- (1) the relevant regional office of the Envi- Act (42 U.S.C. 300g–3) is amended by adding cational agency that receives a grant under ronmental Protection Agency; and at the end the following: this subsection may use grant funds for the (2) the Office of Environmental Justice of ‘‘(j) ELECTRONIC REPORTING OF COMPLIANCE voluntary testing described in paragraph the Environmental Protection Agency. MONITORING DATA.— (2)(A). ‘‘(1) IN GENERAL.—As a condition on the re- ‘‘(B) LIMITATION.—Not more than 4 percent SEC. 7109. NOTICE TO PERSONS SERVED. ceipt of funds under this Act, the Adminis- of grant funds accepted under this subsection (a) EXCEEDANCE OF LEAD ACTION LEVEL.— trator shall require electronic submission of shall be used to pay the administrative costs Section 1414(c) of the Safe Drinking Water available compliance monitoring data, if of carrying out this subsection. Act (42 U.S.C. 300g–3(c)) is amended— practicable— ‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a (1) in paragraph (1), by adding at the end ‘‘(A) by public water systems— condition of receiving a grant under this sub- the following: ‘‘(i) to the Administrator; or section, the State or local educational agen- ‘‘(D) Notice of any exceedance of a lead ac- ‘‘(ii) with respect to a public water system cy shall ensure that each local educational tion level or any other prescribed level of in a State that has primary enforcement re- agency to which grant funds are distributed lead in a regulation issued under section sponsibility under section 1413, to that shall— 1412, including the concentrations of lead State; and ‘‘(A) expend grant funds in accordance found in a monitoring activity.’’; ‘‘(B) by each State that has primary en- with— (2) in paragraph (2)— forcement responsibility under section 1413 (A) in subparagraph (C)— ‘‘(i) the guidance of the Environmental to the Administrator. (i) in clause (iii)— Protection Agency entitled ‘3Ts for Reducing ‘‘(2) CONSIDERATIONS.—In determining (I) by striking ‘‘Administrator or’’ and in- Lead in Drinking Water in Schools: Revised whether the condition referred to in para- serting ‘‘Administrator, the Director of the Technical Guidance’ and dated October 2006 graph (1) is practicable, the Administrator Centers for Disease Control and Prevention, (or any successor guidance); or shall consider— and, if applicable,’’; and ‘‘(ii) applicable State regulations or guid- ‘‘(A) the ability of a public water system or (II) by inserting ‘‘and the appropriate ance regarding reducing lead in drinking State to meet the requirements of sections State and county health agencies’’ after water in schools and child care programs 3.1 through 3.2000 of title 40, Code of Federal ‘‘1413’’; that is not less stringent than the guidance Regulations (or successor regulations); (B) by redesignating subparagraphs (D) and referred to in clause (i); and ‘‘(B) information system compatibility; (E) as subparagraphs (E) and (F), respec- ‘‘(B)(i) make available in the administra- ‘‘(C) the size of the public water system; tively; and tive offices, and to the maximum extent and (C) by inserting after subparagraph (C) the practicable, on the Internet website, of the ‘‘(D) the size of the community served by following: local educational agency for inspection by the public water system.’’. ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— the public (including teachers, other school Regulations issued under subparagraph (A) SEC. 7111. LEAD TESTING IN SCHOOL AND CHILD personnel, and parents) a copy of the results shall specify notification procedures for an CARE DRINKING WATER. of any voluntary testing for lead contamina- exceedance of a lead action level or any (a) IN GENERAL.—Section 1464 of the Safe tion in school and child care program drink- other prescribed level of lead in a regulation Drinking Water Act (42 U.S.C. 300j–24) is ing water that is carried out with grant issued under section 1412.’’; amended by striking subsection (d) and in- funds under this subsection; and (3) by redesignating paragraphs (3) and (4) serting the following: ‘‘(ii) notify parent, teacher, and employee as paragraphs (4) and (5), respectively; and ‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE organizations of the availability of the re- (4) by inserting after paragraph (2) the fol- LEAD TESTING GRANT PROGRAM.— sults described in clause (i). lowing: ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(6) MAINTENANCE OF EFFORT.—If resources ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING ‘‘(A) CHILD CARE PROGRAM.—The term are available to a State or local educational TO LEAD.— ‘child care program’ has the meaning given agency from any other Federal agency, a ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— the term ‘early childhood education pro- State, or a private foundation for testing for Not later than 15 days after the date of an gram’ in section 103 of the Higher Education lead contamination in drinking water, the exceedance of a lead action level or any Act of 1965 (20 U.S.C. 1003). State or local educational agency shall dem- other prescribed level of lead in a regulation ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The onstrate that the funds provided under this issued under section 1412, the Administrator term ‘local educational agency’ means— subsection will not displace those resources. shall notify the public of the concentrations ‘‘(i) a local educational agency (as defined ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— of lead found in the monitoring activity con- in section 8101 of the Elementary and Sec- There is authorized to be appropriated to ducted by the public water system if the pub- ondary Education Act of 1965 (20 U.S.C. carry out this subsection $20,000,000 for each lic water system or the State does not notify 7801)); of fiscal years 2017 through 2021.’’.

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(b) REPEAL.—Section 1465 of the Safe (D) provide an appropriate transition time livery systems, including wells and well sys- Drinking Water Act (42 U.S.C. 300j–25) is re- prior to the applicable effective date of any tems, to communities and not-for-profit or- pealed. changes, taking into account the timing nec- ganizations seeking Federal funding for SEC. 7112. WATERSENSE PROGRAM. essary for the manufacture, marketing, drinking water systems serving 500 or fewer (a) ESTABLISHMENT OF WATERSENSE PRO- training, and distribution of the specific persons. GRAM.— water-efficient product, building, landscape, (d) WATER SYSTEM ASSESSMENT.—Notwith- (1) IN GENERAL.—There is established with- process, or service category being addressed; standing any other provision of law, in any in the Environmental Protection Agency a and application for a grant or loan from the Fed- voluntary WaterSense program to identify (6) not later than December 31, 2018, con- eral Government or a State that is using and promote water-efficient products, build- sider for review and revision any WaterSense Federal assistance for a drinking water sys- ings, landscapes, facilities, processes, and specification adopted before January 1, 2012. tem serving 500 or fewer persons, a unit of services that, through voluntary labeling of, (c) TRANSPARENCY.—The Administrator local government or not-for-profit organiza- or other forms of communications regarding, shall, to the maximum extent practicable tion shall self-certify that the unit of local products, buildings, landscapes, facilities, and not less than annually, regularly esti- government or organization has considered, processes, and services while meeting strict mate and make available to the public the as an alternative drinking water supply, performance criteria, sensibly— production and relative market shares and drinking water delivery systems sourced by (A) reduce water use; savings of water, energy, and capital costs of publicly owned— (B) reduce the strain on public and commu- water, wastewater, and stormwater attrib- (1) individual wells; utable to the use of WaterSense-labeled nity water systems and wastewater and (2) shared wells; and products, buildings, landscapes, facilities, stormwater infrastructure; (3) community wells. processes, and services. (C) conserve energy used to pump, heat, (e) REPORT TO CONGRESS.—Not later than 3 (d) DISTINCTION OF AUTHORITIES.—In set- transport, and treat water; and years after the date of enactment of this ting or maintaining specifications for En- Act, the Administrator and the Secretary of (D) preserve water resources for future ergy Star pursuant to section 324A, and generations. Agriculture shall submit to Congress a re- WaterSense under this section, the Secretary port that describes— (2) INCLUSIONS.—The Administrator shall, and Administrator shall coordinate to pre- consistent with this section, identify water- (1) the use of innovative and alternative vent duplicative or conflicting requirements drinking water systems described in this sec- efficient products, buildings, landscapes, fa- among the respective programs. cilities, processes, and services, including tion; (e) NO WARRANTY.—A WaterSense label (2) the range of cost savings for commu- categories such as— shall not create an express or implied war- (A) irrigation technologies and services; nities using innovative and alternative ranty. drinking water systems described in this sec- (B) point-of-use water treatment devices; SEC. 7113. WATER SUPPLY COST SAVINGS. (C) plumbing products; tion; and (a) FINDINGS.—Congress finds that— (3) the use of drinking water technical as- (D) reuse and recycling technologies; (1) the United States is facing a drinking (E) landscaping and gardening products, in- sistance programs operated by the Adminis- water infrastructure funding crisis; trator and the Secretary of Agriculture. cluding moisture control or water enhancing (2) the Environmental Protection Agency technologies; projects a shortfall of approximately Subtitle B—Clean Water (F) xeriscaping and other landscape con- $384,000,000,000 in funding for drinking water SEC. 7201. SEWER OVERFLOW CONTROL GRANTS. versions that reduce water use; infrastructure from 2015 to 2035 and this Section 221 of the Federal Water Pollution (G) whole house humidifiers; and funding challenge is particularly acute in Control Act (33 U.S.C. 1301) is amended— (H) water-efficient buildings or facilities. rural communities in the United States; (1) in subsection (a), by striking the sub- (b) DUTIES.—The Administrator, coordi- (3) there are approximately 52,000 commu- section designation and heading and all that nating as appropriate with the Secretary, nity water systems in the United States, of follows through ‘‘subject to subsection (g), shall— which nearly 42,000 are small community the Administrator may’’ in paragraph (2) and (1) establish— water systems; inserting the following: (A) a WaterSense label to be used for items (4) the Drinking Water Needs Survey con- ‘‘(a) AUTHORITY.—The Administrator meeting the certification criteria established ducted by the Environmental Protection may— in accordance with this section; and Agency in 2011 placed the shortfall in drink- ‘‘(1) make grants to States for the purpose (B) the procedure, including the methods ing water infrastructure funding for small of providing grants to a municipality or mu- and means, and criteria by which an item communities, which consist of 3,300 or fewer nicipal entity for planning, designing, and may be certified to display the WaterSense persons, at $64,500,000,000; constructing— label; (5) small communities often cannot finance ‘‘(A) treatment works to intercept, trans- (2) enhance public awareness regarding the the construction and maintenance of drink- port, control, or treat municipal combined WaterSense label through outreach, edu- ing water systems because the cost per resi- sewer overflows and sanitary sewer over- cation, and other means; dent for the investment would be prohibi- flows; and (3) preserve the integrity of the tively expensive; ‘‘(B) measures to manage, reduce, treat, or WaterSense label by— (6) drought conditions have placed signifi- recapture stormwater or subsurface drainage (A) establishing and maintaining feasible cant strains on existing surface water sup- water; and performance criteria so that products, build- plies; ‘‘(2) subject to subsection (g),’’; ings, landscapes, facilities, processes, and (7) many communities across the United (2) in subsection (b)— services labeled with the WaterSense label States are considering the use of ground- (A) in paragraph (1), by striking the semi- perform as well or better than less water-ef- water and community well systems to pro- colon at the end and inserting ‘‘; or’’; ficient counterparts; vide drinking water; and (B) by striking paragraphs (2) and (3); and (B) overseeing WaterSense certifications (8) approximately 42,000,000 people in the (C) by redesignating paragraph (4) as para- made by third parties; United States receive drinking water from graph (2); (C) as determined appropriate by the Ad- individual wells and millions more rely on (3) by striking subsections (e) through (g) ministrator, using testing protocols, from community well systems for drinking water. and inserting the following: the appropriate, applicable, and relevant (b) SENSE OF THE SENATE.—It is the sense ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— consensus standards, for the purpose of de- of the Senate that providing rural commu- ‘‘(1) IN GENERAL.—Subject to paragraph (2), termining standards compliance; and nities with the knowledge and resources nec- a project that receives grant assistance (D) auditing the use of the WaterSense essary to fully use alternative drinking under subsection (a) shall be carried out sub- label in the marketplace and preventing water systems, including wells and commu- ject to the same requirements as a project cases of misuse; and nity well systems, can provide safe and af- that receives assistance from a State water (4) not more than 6 years after adoption or fordable drinking water to millions of people pollution control revolving fund established major revision of any WaterSense specifica- in the United States. pursuant to title VI. tion, review and, if appropriate, revise the (c) DRINKING WATER TECHNOLOGY CLEAR- ‘‘(2) DETERMINATION OF GOVERNOR.—The re- specification to achieve additional water INGHOUSE.—The Administrator and the Sec- quirement described in paragraph (1) shall savings; retary of Agriculture shall— not apply to a project that receives grant as- (5) in revising a WaterSense specification— (1) update existing programs of the Envi- sistance under subsection (a) to the extent (A) provide reasonable notice to interested ronmental Protection Agency and the De- that the Governor of the State in which the parties and the public of any changes, in- partment of Agriculture designed to provide project is located determines that a require- cluding effective dates, and an explanation drinking water technical assistance to in- ment described in title VI is inconsistent of the changes; clude information on cost-effective, innova- with the purposes of this section. (B) solicit comments from interested par- tive, and alternative drinking water delivery ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ties and the public prior to any changes; systems, including systems that are sup- There are authorized to be appropriated to (C) as appropriate, respond to comments ported by wells; and carry out this section, to remain available submitted by interested parties and the pub- (2) disseminate information on the cost ef- until expended— lic; and fectiveness of alternative drinking water de- ‘‘(1) $250,000,000 for fiscal year 2017;

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‘‘(2) $300,000,000 for fiscal year 2018; (A) in subsection (d)— (b) WATER POLLUTION CONTROL REVOLVING ‘‘(3) $350,000,000 for fiscal year 2019; (i) in the matter preceding paragraph (1), LOAN FUNDS.— ‘‘(4) $400,000,000 for fiscal year 2020; and by inserting ‘‘and as provided in subsection (1) IN GENERAL.—Section 603 of the Federal ‘‘(5) $500,000,000 for fiscal year 2021. (e)’’ after ‘‘State law’’; Water Pollution Control Act (33 U.S.C. 1383) is ‘‘(g) ALLOCATION OF FUNDS.— (ii) by redesignating subsections (e) amended— ‘‘(1) FISCAL YEAR 2017 AND 2018.—For each of through (i) as subsections (f) through (j), re- (A) in subsection (d)— fiscal years 2017 and 2018, subject to sub- spectively; and (i) in the matter preceding paragraph (1), by section (h), the Administrator shall use the (iii) by inserting after subsection (d) the inserting ‘‘and as provided in subsection (e)’’ amounts made available to carry out this following: after ‘‘State law’’; section to provide grants to municipalities ‘‘(e) ADDITIONAL USE OF FUNDS.—A State (ii) by redesignating subsections (e) through and municipal entities under subsection may use an additional 2 percent of the funds (i) as subsections (f) through (j), respectively; (a)(2)— annually allotted to the State under this and ‘‘(A) in accordance with the priority cri- section for qualified nonprofit technical as- (iii) by inserting after subsection (d) the fol- teria described in subsection (b); and sistance providers (as defined in section 222) lowing: ‘‘(B) with additional priority given to pro- to provide technical assistance to public ‘‘(e) ADDITIONAL USE OF FUNDS.—A State may posed projects that involve the use of— water systems serving not more than 10,000 use an additional 2 percent of the funds annu- ‘‘(i) nonstructural, low-impact develop- individuals in the State.’’. ally allotted to the State under this section for ment; (2) CONFORMING AMENDMENT.—Section qualified nonprofit small treatment works tech- ‘‘(ii) water conservation, efficiency, or 221(d) of the Federal Water Pollution Control nical assistance providers and qualified non- reuse; or Act (33 U.S.C. 1301(d)) is amended by striking profit medium treatment works technical assist- ‘‘(iii) other decentralized stormwater or ‘‘section 603(h)’’ and inserting ‘‘section ance providers (as those terms are defined in wastewater approaches to minimize flows 603(i)’’.¿ section 222) to provide technical assistance to into the sewer systems. SEC. 7202. SMALL AND MEDIUM TREATMENT small treatment works and medium treatment ‘‘(2) FISCAL YEAR 2019 AND THEREAFTER.— WORKS. works in the State.’’. For fiscal year 2019 and each fiscal year (a) IN GENERAL.—Title II of the Federal Water (2) CONFORMING AMENDMENT.—Section 221(d) thereafter, subject to subsection (h), the Ad- Pollution Control Act (33 U.S.C. 1281 et seq.) is of the Federal Water Pollution Control Act (33 ministrator shall use the amounts made amended by adding at the end the following: U.S.C. 1301(d)) is amended by striking ‘‘section available to carry out this section to provide ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL 603(h)’’ and inserting ‘‘section 603(i)’’. grants to States under subsection (a)(1) in AND MEDIUM TREATMENT WORKS. SEC. 7203. INTEGRATED PLANS. accordance with a formula that— ‘‘(a) DEFINITIONS.—In this section: (a) INTEGRATED PLANS.—Section 402 of the ‘‘(A) shall be established by the Adminis- ‘‘(1) MEDIUM TREATMENT WORKS.—The term Federal Water Pollution Control Act (33 trator, after providing notice and an oppor- ‘medium treatment works’ means a publicly U.S.C. 1342) is amended by adding at the end tunity for public comment; and owned treatment works serving not fewer than the following: ‘‘(B) allocates to each State a proportional 10,001 and not more than 100,000 individuals. ‘‘(s) INTEGRATED PLAN PERMITS.— share of the amounts based on the total ‘‘(2) QUALIFIED NONPROFIT MEDIUM TREAT- ‘‘(1) DEFINITIONS.—In this subsection: needs of the State for municipal combined MENT WORKS TECHNICAL ASSISTANCE PROVIDER.— ‘‘(A) GREEN INFRASTRUCTURE.—The term sewer overflow controls and sanitary sewer The term ‘qualified nonprofit medium treatment ‘green infrastructure’ means the range of overflow controls, as identified in the most works technical assistance provider’ means a measures that use plant or soil systems, per- recent survey— qualified nonprofit technical assistance provider meable pavement or other permeable sur- ‘‘(i) conducted under section 210; and of water and wastewater services to medium- faces or substrates, stormwater harvest and ‘‘(ii) included in a report required under sized communities that provides technical assist- reuse, or landscaping to store, infiltrate, or section 516(b)(1)(B).’’; and ance (including circuit rider technical assistance evapotranspirate stormwater and reduce (4) by striking subsection (i). programs, multi-State, regional assistance pro- flows to sewer systems or to surface waters. ø SEC. 7202. SMALL TREATMENT WORKS. grams, and training and preliminary engineer- ‘‘(B) INTEGRATED PLAN.—The term ‘inte- (a) IN GENERAL.—Title II of the Federal ing evaluations) to owners and operators of me- grated plan’ has the meaning given in Part Water Pollution Control Act (33 U.S.C. 1281 dium treatment works, which may include State III of the Integrated Municipal Stormwater et seq.) is amended by adding at the end the agencies. and Wastewater Planning Approach Frame- following: ‘‘(3) QUALIFIED NONPROFIT SMALL TREATMENT work, issued by the Environmental Protec- ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL WORKS TECHNICAL ASSISTANCE PROVIDER.—The tion Agency and dated May 2012. TREATMENT WORKS. term ‘qualified nonprofit small treatment works ‘‘(C) MUNICIPAL DISCHARGE.— ‘‘(a) DEFINITIONS.—In this section: technical assistance provider’ means a nonprofit ‘‘(i) IN GENERAL.—The term ‘municipal dis- ‘‘(1) QUALIFIED NONPROFIT TECHNICAL AS- organization that, as determined by the Admin- charge’ means a discharge from a treatment SISTANCE PROVIDER.—The term ‘qualified istrator— works (as defined in section 212) or a dis- nonprofit technical assistance provider’ ‘‘(A) is the most qualified and experienced in charge from a municipal storm sewer under means a nonprofit organization that, as de- providing training and technical assistance to subsection(p). termined by the Administrator— small treatment works; and ‘‘(ii) INCLUSION.—The term ‘municipal dis- ‘‘(A) is the most qualified and experienced ‘‘(B) the small treatment works in the State charge’ includes a discharge of wastewater or in providing training and technical assist- finds to be the most beneficial and effective. storm water collected from multiple munici- ance to small treatment works; and ‘‘(4) SMALL TREATMENT WORKS.—The term palities if the discharge is covered by the ‘‘(B) the small treatment works in the ‘small treatment works’ means a publicly owned same permit issued under this section. State finds to be the most beneficial and ef- treatment works serving not more than 10,000 ‘‘(2) INTEGRATED PLAN.— fective. individuals. ‘‘(A) IN GENERAL.—The Administrator (or a ‘‘(2) SMALL TREATMENT WORKS.—The term ‘‘(b) TECHNICAL ASSISTANCE.—The Adminis- State, in the case of a permit program ap- ‘small treatment works’ means a publicly trator may use amounts made available to carry proved under subsection (b)) shall inform a owned treatment works serving not more out this section to provide grants or cooperative municipal permittee or multiple municipal than 10,000 individuals. agreements to qualified nonprofit small treat- permittees of the opportunity to develop an ‘‘(b) TECHNICAL ASSISTANCE.—The Adminis- trator may use amounts made available to ment works technical assistance providers and integrated plan. carry out this section to provide grants or grants or cooperative agreements to qualified ‘‘(B) SCOPE OF PERMIT INCORPORATING INTE- cooperative agreements to qualified non- nonprofit medium treatment works technical as- GRATED PLAN.—A permit issued under this profit technical assistance providers to pro- sistance providers to provide to owners and op- subsection that incorporates an integrated vide to owners and operators of small treat- erators of small and medium treatment works plan may integrate all requirements under ment works onsite technical assistance, cir- onsite technical assistance, circuit-rider tech- this Act addressed in the integrated plan, in- cuit-rider technical assistance programs, nical assistance programs, multi-State, regional cluding requirements relating to— multistate, regional technical assistance technical assistance programs, and onsite and ‘‘(i) a combined sewer overflow; programs, and onsite and regional training, regional training, to assist the treatment works ‘‘(ii) a capacity, management, operation, to assist the treatment works in achieving in achieving compliance with this Act or obtain- and maintenance program for sanitary sewer compliance with this Act or obtaining fi- ing financing under this Act for eligible collection systems; nancing under this Act for eligible projects. projects. ‘‘(iii) a municipal stormwater discharge; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iv) a municipal wastewater discharge; There are authorized to be appropriated to There are authorized to be appropriated to carry and carry out this section $15,000,000 for each of out this section— ‘‘(v) a water quality-based effluent limita- fiscal years 2017 through 2021.’’. ‘‘(1) for grants for small treatment works tech- tion to implement an applicable wasteload (b) WATER POLLUTION CONTROL REVOLVING nical assistance, $15,000,000 for each of fiscal allocation in a total maximum daily load. LOAN FUNDS.— years 2017 through 2021; and ‘‘(3) COMPLIANCE SCHEDULES.— (1) IN GENERAL.—Section 603 of the Federal ‘‘(2) for grants for medium treatment works ‘‘(A) IN GENERAL.—A permit for a munic- Water Pollution Control Act (33 U.S.C. 1383) technical assistance, $10,000,000 for each of fis- ipal discharge by a municipality that incor- is amended— cal years 2017 through 2021.’’. porates an integrated plan may include a

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5346 CONGRESSIONAL RECORD — SENATE September 7, 2016 schedule of compliance, under which actions trol Act (33 U.S.C. 1251 et seq.) or the Safe SEC. 7205. FINANCIAL CAPABILITY GUIDANCE. taken to meet any applicable water quality- Drinking Water Act (42 U.S.C. 300f et seq.). (a) DEFINITIONS.—In this section: based effluent limitation may be imple- (c) MUNICIPAL ENFORCEMENT.—Section 309 (1) AFFORDABILITY.—The term ‘‘afford- mented over more than 1 permit term if the of the Federal Water Pollution Control Act ability’’ means, with respect to payment of a compliance schedules are authorized by (33 U.S.C. 1319) is amended by adding at the utility bill, a measure of whether an indi- State water quality standards. end the following: vidual customer or household can pay the ‘‘(B) INCLUSION.—Actions subject to a com- ‘‘(h) IMPLEMENTATION OF INTEGRATED bill without undue hardship or unreasonable pliance schedule under subparagraph (A) PLANS THROUGH ENFORCEMENT TOOLS.— sacrifice in the essential lifestyle or spend- may include green infrastructure if imple- ‘‘(1) IN GENERAL.—In conjunction with an ing patterns of the individual or household, mented as part of a water quality-based ef- enforcement action under subsection (a) or as determined by the Administrator. fluent limitation. (b) relating to municipal discharges, the Ad- (2) FINANCIAL CAPABILITY.—The term ‘‘fi- ‘‘(C) REVIEW.—A schedule of compliance ministrator shall inform a municipality of nancial capability’’ means the financial ca- may be reviewed each time the permit is re- the opportunity to develop an integrated pability of a community to make invest- newed. plan, as defined in section 402(s). ments necessary to make water quality or ‘‘(4) EXISTING AUTHORITIES RETAINED.— ‘‘(2) MODIFICATION.—Any municipality drinking water improvements. under an administrative order under sub- ‘‘(A) APPLICABLE STANDARDS.—Nothing in (3) GUIDANCE.—The term ‘‘guidance’’ means this subsection modifies any obligation to section (a) or settlement agreement under the guidance published by the Administrator comply with applicable technology and subsection (b) that has developed an inte- entitled ‘‘Combined Sewer Overflows—Guid- water quality-based effluent limitations grated plan consistent with section 402(s) ance for Financial Capability Assessment may request a modification of the adminis- under this Act. and Schedule Development’’ and dated Feb- trative order or settlement agreement based ‘‘(B) FLEXIBILITY.—Nothing in this sub- ruary 1997, as applicable to the combined on that integrated plan.’’. section reduces or eliminates any flexibility sewer overflows and sanitary sewer overflows available under this Act, including the au- SEC. 7204. GREEN INFRASTRUCTURE PRO- guidance published by the Administrator en- MOTION. thority of a State to revise a water quality titled ‘‘Financial Capability Assessment standard after a use attainability analysis Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) is amend- Framework’’ and dated November 24, 2014. under section 131.10(g) of title 40, Code of (b) USE OF MEDIAN HOUSEHOLD INCOME.— Federal Regulations (as in effect on the date ed— (1) by redesignating section 519 (33 U.S.C. The Administrator shall not use median of enactment of this subsection), subject to household income as the sole indicator of af- the approval of the Administrator under sec- 1251 note) as section 520; and (2) by inserting after section 518 (33 U.S.C. fordability for a residential household. tion 303(c). (c) UPDATING.—Not later than 1 year after 1377) the following: ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— the date of completion of the National Acad- ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGEN- ‘‘(A) IN GENERAL.—Nothing in section emy of Public Administration study to es- 301(b)(1)(C) precludes a State from author- CY GREEN INFRASTRUCTURE PRO- MOTION. tablish a definition and framework for com- izing in the water quality standards of the munity affordability required by Senate Re- State the issuance of a schedule of compli- ‘‘(a) IN GENERAL.—The Administrator shall ensure that the Office of Water, the Office of port 114–70, accompanying S. 1645 (114th Con- ance to meet water quality-based effluent gress), the Administrator shall revise the limitations in permits that incorporate pro- Enforcement and Compliance Assurance, the Office of Research and Development, and the guidance. visions of an integrated plan. Office of Policy of the Environmental Pro- (d) CONSIDERATION AND CONSULTATION.— ‘‘(B) TRANSITION RULE.—In any case in tection Agency promote the use of green in- (1) CONSIDERATION.—In revising the guid- which a discharge is subject to a judicial frastructure in and coordinate the integra- ance, the Administrator shall consider— order or consent decree as of the date of en- tion of green infrastructure into, permitting (A) the recommendations of the study re- actment of the Water Resources Develop- programs, planning efforts, research, tech- ferred to in subsection (c) and any other rel- ment Act of 2016 resolving an enforcement nical assistance, and funding guidance. evant study, as determined by the Adminis- action under this Act, any schedule of com- ‘‘(b) DUTIES.—The Administrator shall en- trator; pliance issued pursuant to an authorization sure that the Office of Water— (B) local economic conditions, including in a State water quality standard shall not ‘‘(1) promotes the use of green infrastruc- site-specific local conditions that should be revise or otherwise affect a schedule of com- ture in the programs of the Environmental taken into consideration in analyzing finan- pliance in that order or decree unless the Protection Agency; and cial capability; order or decree is modified by agreement of ‘‘(2) coordinates efforts to increase the use (C) other essential community invest- the parties and the court.’’. of green infrastructure with— (b) MUNICIPAL OMBUDSMAN.— ments; ‘‘(A) other Federal departments and agen- (1) ESTABLISHMENT.—There is established (D) potential adverse impacts on distressed within the Office of the Administrator an Of- cies; populations, including the percentage of low- fice of the Municipal Ombudsman. ‘‘(B) State, tribal, and local governments; income ratepayers within the service area of and (2) GENERAL DUTIES.—The municipal om- a utility and impacts in communities with budsman shall— ‘‘(C) the private sector. disparate economic conditions throughout ‘‘(c) REGIONAL GREEN INFRASTRUCTURE (A) provide technical assistance to munici- the entire service area of a utility; PROMOTION.—The Administrator shall direct (E) the degree to which rates of low-income palities seeking to comply with the require- each regional office of the Environmental ments of laws implemented by the Environ- consumers would be affected by water infra- Protection Agency, as appropriate based on structure investments and the use of rate mental Protection Agency; and local factors, and consistent with the re- (B) provide information to the Adminis- structures to address the rates of low-income quirements of this Act, to promote and inte- consumers; trator to help the Administrator ensure that grate the use of green infrastructure within agency policies are implemented by all of- (F) an evaluation of an array of factors, the region that includes— the relative importance of which may vary fices of the Environmental Protection Agen- ‘‘(1) outreach and training regarding green cy, including regional offices. across regions and localities; and infrastructure implementation for State, (G) the appropriate weight for economic, (3) ACTIONS REQUIRED.—The municipal om- tribal, and local governments, tribal commu- budsman shall work with appropriate offices public health, and environmental benefits nities, and the private sector; and associated with improved water quality. at the headquarters and regional offices of ‘‘(2) the incorporation of green infrastruc- the Environmental Protection Agency to en- (2) CONSULTATION.—Any guidance issued to ture into permitting and other regulatory replace the guidance shall be developed in sure that the municipality seeking assist- programs, codes, and ordinance development, ance is provided information— consultation with interested parties. including the requirements under consent (e) PUBLICATION AND SUBMISSION.—On com- (A) about available Federal financial as- decrees and settlement agreements in en- sistance for which the municipality is eligi- pletion of the updating of guidance, the Ad- forcement actions. ministrator shall publish in the Federal Reg- ble; ‘‘(d) GREEN INFRASTRUCTURE INFORMATION- ister and submit to the Committee on Envi- (B) about flexibility available under the SHARING.—The Administrator shall promote ronment and Public Works of the Senate and Federal Water Pollution Control Act (33 green infrastructure information-sharing, in- the Committee on Transportation and Infra- U.S.C. 1251 et seq.) and, if applicable, the cluding through an Internet website, to Safe Drinking Water Act (42 U.S.C. 300f et share information with, and provide tech- structure of the House of Representatives seq.); and nical assistance to, State, tribal, and local the updated guidance. (C) regarding the opportunity to develop governments, tribal communities, the pri- Subtitle C—Innovative Financing and an integrated plan, as defined in section vate sector, and the public regarding green Promotion of Innovative Technologies 402(s)(1)(B) of the Federal Water Pollution infrastructure approaches for— SEC. 7301. WATER INFRASTRUCTURE PUBLIC-PRI- Control Act (as added by subsection (a)). ‘‘(1) reducing water pollution; VATE PARTNERSHIP PILOT PRO- (4) PRIORITY.—In carrying out paragraph ‘‘(2) protecting water resources; GRAM. (3), the municipal ombudsman shall give pri- ‘‘(3) complying with regulatory require- Section 5014(c) of the Water Resources Re- ority to any municipality that demonstrates ments; and form and Development Act of 2014 (33 U.S.C. affordability concerns relating to compli- ‘‘(4) achieving other environmental, public 2201 note; Public Law 113–121) is amended by ance with the Federal Water Pollution Con- health, and community goals.’’. striking ‘‘Any activity undertaken under

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5347 this section is authorized only to the extent’’ ment revolving loan funds established under level to achieve ‘‘full cost’’ or ‘‘true value’’ and inserting ‘‘Nothing in this section obli- section 1452 of the Safe Drinking Water Act pricing for such services, while protecting gates the Secretary to expend funds unless’’. (42 U.S.C. 300j–12); and low-income ratepayers from undue burden. SEC. 7302. WATER INFRASTRUCTURE FINANCE (2) the appropriations made available for (2) REPORT.—Not later than 180 days after AND INNOVATION. the funds referred to in paragraph (1) should the date of enactment of this Act, the Ad- (a) AUTHORITY TO PROVIDE ASSISTANCE.— not decrease for any fiscal year. ministrator shall transmit to the Committee Section 5023(b)(2) of the Water Infrastructure SEC. 7303. WATER INFRASTRUCTURE INVEST- on the Environment and Public Works of the Finance and Innovation Act of 2014 (33 U.S.C. MENT TRUST FUND. Senate and the Committee on Transpor- 3902(b)(2)) is amended by striking ‘‘carry (a) CREATION OF TRUST FUND.—There is es- tation and Infrastructure and the Committee out’’ and inserting ‘‘provide financial assist- tablished in the Treasury of the United on Energy and Commerce of the House of ance to carry out’’. States a trust fund to be known as the Representatives a report on the results of (b) PROJECTS ELIGIBLE FOR ASSISTANCE.— ‘‘Water Infrastructure Investment Trust the study. Section 5026(6) of the Water Infrastructure Fund’’, consisting of such amounts as may SEC. 7304. INNOVATIVE WATER TECHNOLOGY Finance and Innovation Act of 2014 (33 U.S.C. be appropriated or credited to such fund as GRANT PROGRAM. 3905(6)) is amended— provided in this section. (a) DEFINITION OF ELIGIBLE ENTITY.—In this (1) by striking ‘‘desalination project’’ and (b) TRANSFERS TO TRUST FUND.—There are section, the term ‘‘eligible entity’’ means— inserting ‘‘desalination project, including hereby appropriated to the Water Infrastruc- (1) a public utility, including publicly chloride control’’; and ture Investment Trust Fund amounts equiv- owned treatment works and clean water sys- (2) by striking ‘‘or a water recycling alent to the fees received in the Treasury be- tems; project’’ and inserting ‘‘a water recycling fore January 1, 2022, under subsection (f). (2) a unit of local government, including a project, or a project to provide alternative (c) EXPENDITURES.—Except as provided by municipality or a joint powers authority; water supplies to reduce aquifer depletion’’. subsection (d), amounts in the Water Infra- (3) a private entity, including a farmer or structure Investment Trust Fund shall be (c) TERMS AND CONDITIONS.—Section 5029(b) manufacturer; of the Water Infrastructure Finance and In- available, without further appropriation, as (4) an institution of higher education; novation Act of 2014 (33 U.S.C. 3908(b)) is follows: (5) a research institution or foundation; ø ¿ amended— (1) 85 50 percent of the amounts shall be (6) a State; (1) in paragraph (7)— available to the Administrator for making (7) a regional organization; or (A) by striking ‘‘The Secretary’’ and in- capitalization grants under section 601 of the (8) a nonprofit organization. (b) GRANT PROGRAM AUTHORIZED.—The Ad- serting the following: Federal Water Pollution Control Act (33 U.S.C. 1381). ministrator shall carry out a grant program ‘‘(A) IN GENERAL.—Except as provided in (2) ø15¿ 50 percent of the amounts shall be for purposes described in subsection (c) to ac- subparagraph (B), the Secretary’’; and celerate the development of innovative (B) by adding at the end the following: available to the Administrator for making capitalization grants under section 1452 of water technologies that address pressing ‘‘(B) FINANCING FEES.—On request of a com- the Safe Drinking Water Act (42 U.S.C. 300j– water challenges. munity with a population of not more than (c) GRANTS.—In carrying out the program 10,000 individuals, the Secretary or the Ad- 12). (d) INVESTMENT.—Amounts in the Water In- under subsection (b), the Administrator shall ministrator, as applicable, shall allow the frastructure Investment Trust Fund shall be make to eligible entities grants that— fees under subparagraph (A) to be financed as invested in accordance with section 9702 of (1) finance projects to develop, deploy, part of the loan.’’; and title 31, United States Code, and any interest test, and improve emerging water tech- (2) by adding at the end the following: on, and proceeds from, any such investment nologies; ‘‘(10) CREDIT.—Any eligible project costs shall be available for expenditure in accord- (2) fund entities that provide technical as- incurred and the value of any integral in- ance with this Act and the amendments sistance to deploy innovative water tech- kind contributions made before receipt of as- made by this Act. nologies more broadly, especially— sistance under this subtitle shall be credited (e) LIMITATION ON EXPENDITURES.— (A) to increase adoption of innovative toward the 51 percent of project costs to be Amounts in the Water Infrastructure Invest- water technologies in— provided by sources of funding other than a ment Trust Fund may not be made available (i) municipal drinking water and waste- secured loan under this subtitle (as described for a fiscal year unless the funds appro- water treatment systems; in paragraph (2)(A).’’. priated to the Clean Water State Revolving (ii) areas served by private wells; or (d) REMOVAL OF PILOT DESIGNATION.— Fund through annual capitalization grants is (iii) water supply systems in arid areas (1) Subtitle C of title V of the Water Re- not less than the average of the annual that are experiencing, or have recently expe- sources Reform and Development Act of 2014 amounts provided in capitalization grants rienced, prolonged drought conditions; and (33 U.S.C. 3901 et seq.) is amended by striking under section 601 of the Federal Water Pollu- (B) in a manner that reduces ratepayer or the subtitle designation and heading and in- tion Control Act (33 U.S.C. 1381) for the 5-fis- community costs over time, including the serting the following: cal-year period immediately preceding such cost of future capital investments; or ‘‘Subtitle C—Innovative Financing Projects’’. fiscal year. (3) support technologies that, as deter- (2) Section 5023 of the Water Infrastructure (f) VOLUNTARY LABELING SYSTEM.— mined by the Administrator— Finance and Innovation Act of 2014 (33 U.S.C. (1) IN GENERAL.—The Secretary of the (A) improve water quality of a water 3092) is amended by striking ‘‘pilot’’ each Treasury, in consultation with the Adminis- source; place it appears. trator of the Food and Drug Administration, (B) improve the safety and security of a (3) Section 5034 of the Water Infrastructure manufacturers, producers, and importers, drinking water delivery system; Finance and Innovation Act of 2014 (33 U.S.C. shall develop and implement a program (C) minimize contamination of drinking 3913) is amended by striking the section des- under which the Secretary provides a label water and drinking water sources, including ignation and heading and inserting the fol- designed in consultation with manufactur- contamination by lead, bacteria, chlorides, lowing: ers, producers, and importers suitable for and nitrates; ‘‘SEC. 5034. REPORTS ON PROGRAM IMPLEMEN- placement on products to inform consumers (D) improve the quality and timeliness and TATION.’’. that the manufacturer, producer, or im- decrease the cost of drinking water quality (4) The table of contents for the Water Re- porter of the product, and other stake- tests, especially technologies that can be de- sources Reform and Development Act of 2014 holders, participates in the Water Infrastruc- ployed within water systems and at indi- (Public Law 113–121) is amended— ture Investment Trust Fund and is contrib- vidual faucets to provide accurate real-time (A) by striking the item relating to sub- uting to the clean water of the United tests of water quality, especially with re- title C of title V and inserting the following: States. spect to lead, bacteria, and nitrate content; (2) FEE.— (E) increase water supplies in arid areas ‘‘Subtitle C—Innovative Financing (A) IN GENERAL.—The Secretary shall pro- that are experiencing, or have recently expe- Projects’’.; and vide a label for a fee of 3 cents per unit. rienced, prolonged drought conditions; (B) by striking the item relating to section (B) DEPOSIT.—Amounts received by the (F) treat edge-of-field runoff to improve 5034 and inserting the following: Secretary under subparagraph (A) shall be water quality; ‘‘Sec. 5034. Reports on program implementa- deposited in the general fund of the Treas- (G) treat agricultural, municipal, and in- tion.’’. ury. dustrial wastewater; (e) SENSE OF THE SENATE.—It is the sense (g) EPA STUDY ON WATER PRICING.— (H) recycle or reuse water; of the Senate that— (1) STUDY.—The Administrator, with par- (I) manage urban storm water runoff; (1) appropriations made available to carry ticipation by the States, shall conduct a (J) reduce sewer or stormwater overflows; out the Water Infrastructure Finance and In- study to— (K) conserve water; novation Act of 2014 (33 U.S.C. 3901 et seq.) (A) assess the affordability gap faced by (L) improve water quality by reducing sa- should be in addition to robust funding for low-income populations located in urban and linity; the State water pollution control revolving rural areas in obtaining services from clean (M) mitigate air quality impacts associ- funds established under title VI of the Fed- water and drinking water systems; and ated with declining water resources; or eral Water Pollution Control Act (33 U.S.C. (B) analyze options for programs to provide (N) address urgent water quality and 1381 et seq.) and State drinking water treat- incentives for rate adjustments at the local human health needs.

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(d) PRIORITY FUNDING.—In making grants ‘‘(1) IN GENERAL.—The Secretary shall con- (1) in the first sentence of subsection (a)— under this section, the Administrator shall duct a careful and detailed evaluation of (A) by striking ‘‘$5,000,000’’ and inserting give priority to projects that have the poten- each institute at least once every 3 years to ‘‘$8,000,000’’; and tial— determine— (B) by striking ‘‘2013’’ and inserting ‘‘2021’’; (1) to provide substantial cost savings ‘‘(A) the quality and relevance of the water and across a sector; resources research of the institute; (2) in subsection (b), by striking ‘‘for each (2) to significantly improve human health ‘‘(B) the effectiveness of the institute at of fiscal years 2012 through 2013’’ and insert- or the environment; or producing measured results and applied ing ‘‘for each of fiscal years 2017 through (3) to provide additional water supplies water supply research; and 2021’’. with minimal environmental impact. ‘‘(C) whether the effectiveness of the insti- (d) CONSULTATION.—Section 9 of the Water (e) COST-SHARING.—The Federal share of tute as an institution for planning, con- Desalination Act of 1996 (42 U.S.C. 10301 note; the cost of activities carried out using a ducting, and arranging for research warrants Public Law 104–298) is amended— grant made under this section shall be not continued support under this section. (1) by striking the section designation and more than 65 percent. ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, heading and all that follows through ‘‘In car- (f) LIMITATION.—The maximum amount of as a result of an evaluation under paragraph rying out’’ in the first sentence and inserting a grant provided to a project under this sec- (1), the Secretary determines that an insti- the following: tion shall be $5,000,000. tute does not qualify for further support (g) REPORT.—Each year, the Administrator ‘‘SEC. 9. CONSULTATION AND COORDINATION. shall submit to Congress and make publicly under this section, no further grants to the ‘‘(a) CONSULTATION.—In carrying out’’; available on the website of the Adminis- institute may be provided until the quali- (2) in the second sentence, by striking trator a report that describes any advance- fications of the institute are reestablished to ‘‘The authorization’’ and inserting the fol- ments during the previous year in develop- the satisfaction of the Secretary.’’; lowing: ment of innovative water technologies made (4) in subsection (f)(1), by striking ‘‘(c) OTHER DESALINATION PROGRAMS.—The as a result of funding provided under this ‘‘$12,000,000 for each of fiscal years 2007 authorization’’; and section. through 2011’’ and inserting ‘‘$7,500,000 for (3) by inserting after subsection (a) (as des- (h) AUTHORIZATION OF APPROPRIATIONS.— each of fiscal years 2017 through 2021’’; and ignated by paragraph (1)) the following: There is authorized to be appropriated to (5) in subsection (g)(1), in the first sen- ‘‘(b) COORDINATION OF FEDERAL DESALINA- carry out this section $50,000,000 for each fis- tence, by striking ‘‘$6,000,000 for each of fis- TION RESEARCH AND DEVELOPMENT.— cal year. cal years 2007 through 2011’’ and inserting ‘‘(1) IN GENERAL.—The White House Office (i) FUNDING.—Out of any funds in the ‘‘$1,500,000 for each of fiscal years 2017 of Science and Technology Policy shall de- Treasury not otherwise appropriated, the through 2021’’. velop a coordinated strategic plan that— Secretary of the Treasury shall transfer to SEC. 7306. REAUTHORIZATION OF WATER DESALI- ‘‘(A) establishes priorities for future Fed- the Administrator to provide grants to eligi- NATION ACT OF 1996. eral investments in desalination; ble entities under this section $10,000,000, to (a) AUTHORIZATION OF RESEARCH AND STUD- ‘‘(B) coordinates the activities of Federal remain available until expended. IES.—Section 3 of the Water Desalination Act agencies involved in desalination, including SEC. 7305. WATER RESOURCES RESEARCH ACT of 1996 (42 U.S.C. 10301 note; Public Law 104– the Bureau of Reclamation, the Corps of En- AMENDMENTS. 298) is amended by adding at the end the fol- gineers, the United States Army Tank Auto- (a) CONGRESSIONAL FINDINGS AND DECLARA- lowing: motive Research, Development and Engi- TIONS.—Section 102 of the Water Resources ‘‘(e) PRIORITIZATION.—In carrying out this neering Center, the National Science Foun- Research Act of 1984 (42 U.S.C. 10301) is section, the Secretary shall prioritize fund- dation, the Office of Naval Research of the amended— ing for research— Department of Defense, the National Labora- (1) by redesignating paragraphs (7) through ‘‘(1) to reduce energy consumption and tories of the Department of Energy, the (9) as paragraphs (8) through (10), respec- lower the cost of desalination, including United States Geological Survey, the Envi- tively; chloride control; ronmental Protection Agency, and the Na- (2) in paragraph (8) (as so redesignated), by ‘‘(2) to reduce the environmental impacts tional Oceanic and Atmospheric Administra- striking ‘‘and’’ at the end; and of seawater desalination and develop tech- tion; and (3) by inserting after paragraph (6) the fol- nology and strategies to minimize those im- ‘‘(C) strengthens research and development lowing: pacts; cooperation with international partners, ‘‘(7) additional research is required to in- ‘‘(3) to improve existing reverse osmosis such as the State of Israel, in the area of de- crease the effectiveness and efficiency of new and membrane technology; salination technology.’’. and existing treatment works through alter- ‘‘(4) to carry out basic and applied research native approaches, including— on next generation desalination tech- SEC. 7307. NATIONAL DROUGHT RESILIENCE ‘‘(A) nonstructural alternatives; nologies, including improved energy recov- GUIDELINES. ‘‘(B) decentralized approaches; ery systems and renewable energy-powered (a) IN GENERAL.—The Administrator, in ‘‘(C) water use efficiency and conservation; desalination systems that could signifi- conjunction with the Secretary of the Inte- and cantly reduce desalination costs; rior, the Secretary of Agriculture, the Direc- ‘‘(D) actions to reduce energy consumption ‘‘(5) to develop portable or modular desali- tor of the National Oceanic and Atmospheric or extract energy from wastewater;’’. nation units capable of providing temporary Administration, and other appropriate Fed- (b) WATER RESOURCES RESEARCH AND TECH- emergency water supplies for domestic or eral agency heads along with State and local NOLOGY INSTITUTES.—Section 104 of the military deployment purposes; and governments, shall develop nonregulatory Water Resources Research Act of 1984 (42 ‘‘(6) to develop and promote innovative de- national drought resilience guidelines relat- U.S.C. 10303) is amended— salination technologies, including chloride ing to drought preparedness planning and in- (1) in subsection (b)(1)— control, identified by the Secretary.’’. vestments for communities, water utilities, (A) in subparagraph (B)(ii), by striking (b) DESALINATION DEMONSTRATION AND DE- and other water users and providers. ‘‘water-related phenomena’’ and inserting VELOPMENT.—Section 4 of the Water Desali- (b) CONSULTATION.—In developing the na- ‘‘water resources’’; and nation Act of 1996 (42 U.S.C. 10301 note; Pub- tional drought resilience guidelines, the Ad- (B) in subparagraph (D), by striking the pe- lic Law 104–298) is amended by adding at the ministrator and other Federal agency heads riod at the end and inserting ‘‘; and’’; end the following: referred to in subsection (a) shall consult (2) in subsection (c)— ‘‘(c) PRIORITIZATION.—In carrying out dem- with— (A) by striking ‘‘From the’’ and inserting onstration and development activities under (1) State and local governments; the following: this section, the Secretary shall prioritize (2) water utilities; ‘‘(1) IN GENERAL.—From the’’; and projects— (3) scientists; (B) by adding at the end the following: ‘‘(1) in drought-stricken States and com- (4) institutions of higher education; ‘‘(2) REPORT.—Not later than December 31 munities; (5) relevant private entities; and of each fiscal year, the Secretary shall sub- ‘‘(2) in States that have authorized funding (6) other stakeholders. mit to the Committee on Environment and for research and development of desalination (c) CONTENTS.—The national drought resil- Public Works of the Senate, the Committee technologies and projects; ience guidelines developed under this section on the Budget of the Senate, the Committee ‘‘(3) that can reduce reliance on imported shall, to the maximum extent practicable, on Transportation and Infrastructure of the water supplies that have an impact on spe- provide recommendations for a period of 10 House of Representatives, and the Com- cies listed under the Endangered Species Act years that— mittee on the Budget of the House of Rep- of 1973 (16 U.S.C. 1531 et seq.); and (1) address a broad range of potential ac- resentatives a report regarding the compli- ‘‘(4) that demonstrably leverage the experi- tions, including— ance of each funding recipient with this sub- ence of international partners with consider- (A) analysis of the impacts of the changing section for the immediately preceding fiscal able expertise in desalination, such as the frequency and duration of drought on the fu- year.’’; State of Israel.’’. ture effectiveness of water management (3) by striking subsection (e) and inserting (c) AUTHORIZATION OF APPROPRIATIONS.— tools; the following: Section 8 of the Water Desalination Act of (B) the identification of drought-related ‘‘(e) EVALUATION OF WATER RESOURCES RE- 1996 (42 U.S.C. 10301 note; Public Law 104–298) water management challenges in a broad SEARCH PROGRAM.— is amended— range of fields, including—

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(i) public health and safety; (1) in subsection (d)— (2) AUTHORIZATION.— (ii) municipal and industrial water supply; (A) by striking the heading and inserting (A) IN GENERAL.—Using funds provided (iii) agricultural water supply; ‘‘ADDITIONAL ASSISTANCE.—’’; under subsection (e)(1)(A), an eligible State (iv) water quality; (B) in paragraph (1)— may provide assistance to an eligible system (v) ecosystem health; and (i) by striking ‘‘Notwithstanding’’ and in- within the eligible State, for the purpose of (vi) water supply planning; serting the following: addressing lead or other contaminants in (C) water management tools to reduce ‘‘(A) IN GENERAL.—Notwithstanding’’; and drinking water, including repair and replace- drought-related impacts, including— (ii) by adding at the end the following: ment of public and private drinking water (i) water use efficiency through gallons per ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—Not- infrastructure. capita reduction goals, appliance efficiency withstanding any other provision of this sec- (B) INCLUSION.—Assistance provided under standards, water pricing incentives, and tion, in the case of a State that makes a loan subparagraph (A) may include additional other measures; under subsection (a)(2) to carry out an eligi- subsidization under the Safe Drinking Water (ii) water recycling; ble activity through the use of an innovative Act (42 U.S.C. 300f et seq.), as described in (iii) groundwater clean-up and storage; water technology (including technologies to paragraph (1)(B). (iv) new technologies, such as behavioral improve water treatment to ensure compli- (C) EXCLUSION.—Assistance provided under water efficiency; and ance with this title and technologies to iden- subparagraph (A) shall not include assist- (v) stormwater capture and reuse; tify and mitigate sources of drinking water ance for a project that is financed (directly (D) water-related energy and greenhouse contamination, including lead contamina- or indirectly), in whole or in part, with pro- gas reduction strategies; and tion), the State may provide additional sub- ceeds of any obligation issued after the date (E) public education and engagement; and sidization, including forgiveness of principal of enactment of this Act— (2) include recommendations relating to that is not more than 50 percent of the cost (i) the interest of which is exempt from the the processes that Federal, State, and local of the portion of the project associated with tax imposed under chapter 1 of the Internal governments and water utilities should con- the innovative technology.’’; Revenue Code of 1986; or sider when developing drought resilience pre- (C) in paragraph (2)— (ii) with respect to which credit is allow- paredness and plans, including— (i) by striking ‘‘For each fiscal year’’ and able under subpart I or J of part IV of sub- (A) the establishment of planning goals; inserting the following: chapter A of chapter 1 of such Code. (B) the evaluation of institutional capac- ‘‘(A) IN GENERAL.—For each fiscal year’’; (3) LIMITATION.—Section 1452(d)(2) of the ity; and Safe Drinking Water Act (42 U.S.C. 300j– (C) the assessment of drought-related risks (ii) by adding at the end the following: 12(d)(2)) shall not apply to— and vulnerabilities, including the integra- ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—For (A) any funds provided under subsection tion of climate-related impacts; each fiscal year, not more than 20 percent of (e)(1)(A); or (D) the establishment of a development the loan subsidies that may be made by a (B) any other loan provided to an eligible process, including an evaluation of the cost- State under paragraph (1) may be used to system. provide additional subsidization under sub- effectiveness of potential strategies; (c) WATER INFRASTRUCTURE FINANCING.— paragraph (B) of that paragraph.’’; and (E) the inclusion of private entities, tech- (1) SECURED LOANS.— (D) in paragraph (3), in the first sentence, nical advisors, and other stakeholders in the (A) IN GENERAL.—Using funds provided by inserting ‘‘, or portion of a service area,’’ development process; under subsection (e)(2)(A), the Administrator after ‘‘service area’’; and (F) implementation and financing issues; may make a secured loan under the Water (2) by adding at the end the following: and ‘‘(t) TECHNICAL ASSISTANCE.—The Adminis- Infrastructure Finance and Innovation Act (G) evaluation of the plan, including any trator may provide technical assistance to of 2014 (33 U.S.C. 3901 et seq.) to— updates to the plan. facilitate and encourage the provision of fi- (i) an eligible State to carry out a project SEC. 7308. INNOVATION IN CLEAN WATER STATE nancial assistance for the deployment of in- eligible under paragraphs (2) through (9) of REVOLVING FUNDS. novative water technologies. section 5026 of that Act (33 U.S.C. 3905) to ad- (a) IN GENERAL.—Subsection (j)(1)(B) (as ‘‘(u) REPORT.—Not later than 1 year after dress lead or other contaminants in drinking redesignated by section 7202(b)(1)(A)(ii)) of the date of enactment of the Water Re- water in an eligible system, including repair section 603 of the Federal Water Pollution sources Development Act of 2016, and not and replacement of public and private drink- Control Act (33 U.S.C. 1383) is amended— less frequently than every 5 years thereafter, ing water infrastructure; and (1) in clause (iii), by striking ‘‘or’’ at the the Administrator shall submit to Congress (ii) any eligible entity under section 5025 of end; a report that describes— that Act (33 U.S.C. 3904) for a project eligible (2) in clause (iv), by striking the period at ‘‘(1) the amount of financial assistance pro- under paragraphs (2) through (9) of section the end and inserting ‘‘; or’’; and vided by State loan funds to deploy innova- 5026 of that Act (33 U.S.C. 3905). (3) by adding at the end the following: tive water technologies; (B) AMOUNT.—Notwithstanding section ‘‘(v) to encourage the use of innovative ‘‘(2) the barriers impacting greater use of 5029(b)(2) of the Water Infrastructure Fi- water technologies related to any of the innovative water technologies; and nance and Innovation Act of 2014 (33 U.S.C. issues identified in clauses (i) through (iv) ‘‘(3) the cost-saving potential to cities and 3908(b)(2)), the amount of a secured loan pro- or, as determined by the State, any other eli- future infrastructure investments from vided under subparagraph (A)(i) may be gible project and activity eligible for assist- emerging technologies.’’. equal to not more than 80 percent of the rea- ance under subsection (c)’’. Subtitle D—Drinking Water Disaster Relief sonably anticipated costs of the projects. (b) INNOVATIVE WATER TECHNOLOGIES.—Sec- and Infrastructure Investments (2) FEDERAL INVOLVEMENT.—Notwith- tion 603 of the Federal Water Pollution Con- SEC. 7401. DRINKING WATER INFRASTRUCTURE. standing section 5029(b)(9) of the Water Infra- trol Act (33 U.S.C. 1383) (as amended by sec- structure Finance and Innovation Act of 2014 tion 7202(b)(1)) is amended by adding at the (a) DEFINITIONS.—In this section: (1) ELIGIBLE STATE.—The term ‘‘eligible (33 U.S.C. 3908(b)(9)), any costs for a project end the following: to address lead or other contaminants in ‘‘(k) TECHNICAL ASSISTANCE.—The Adminis- State’’ means a State for which the Presi- drinking water in an eligible system that are trator may provide technical assistance to dent has declared an emergency under the not covered by a secured loan under para- facilitate and encourage the provision of fi- Robert T. Stafford Disaster Relief and Emer- nancial assistance for innovative water tech- gency Assistance Act (42 U.S.C. 5121 et seq.) graph (1) may be covered using amounts in nologies. relating to the public health threats associ- the State revolving loan fund under section ‘‘(l) REPORT.—Not later than 1 year after ated with the presence of lead or other con- 1452 of the Safe Drinking Water Act (42 the date of enactment of the Water Re- taminants in a public drinking water supply U.S.C. 300j–12). sources Development Act of 2016, and not system. (d) NONDUPLICATION OF WORK.—An activity less frequently than every 5 years thereafter, (2) ELIGIBLE SYSTEM.—The term ‘‘eligible carried out pursuant to this section shall not the Administrator shall submit to Congress system’’ means a public drinking water sup- duplicate the work or activity of any other a report that describes— ply system that has been the subject of an Federal or State department or agency. ‘‘(1) the amount of financial assistance pro- emergency declaration referred to in para- (e) FUNDING.— vided by State water pollution control re- graph (1). (1) ADDITIONAL DRINKING WATER STATE RE- volving funds to deploy innovative water (b) STATE REVOLVING LOAN FUND ASSIST- VOLVING FUND CAPITALIZATION GRANTS.— technologies; ANCE.— (A) IN GENERAL.—The Secretary of the ‘‘(2) the barriers impacting greater use of (1) IN GENERAL.—An eligible system shall Treasury shall make available to the Admin- innovative water technologies; and be— istrator a total of $100,000,000 to provide ad- ‘‘(3) the cost-saving potential to cities and (A) considered to be a disadvantaged com- ditional grants to eligible States pursuant to future infrastructure investments from munity under section 1452(d) of the Safe section 1452 of the Safe Drinking Water Act emerging technologies.’’. Drinking Water Act (42 U.S.C. 300j–12(d)); and (42 U.S.C. 300j–12), to be available during the SEC. 7309. INNOVATION IN THE DRINKING WATER (B) eligible to receive loans with additional period of fiscal years 2016 and 2017 for the STATE REVOLVING FUND. subsidization under that Act (42 U.S.C. 300f purposes described in subsection (b)(2). Section 1452 of the Safe Drinking Water et seq.), including forgiveness of principal (B) SUPPLEMENTED INTENDED USE PLANS.— Act (42 U.S.C. 300j–12) (as amended by section under section 1452(d)(1) of that Act (42 U.S.C. From funds made available under subpara- 7105) is amended— 300j–12(d)(1)). graph (A), the Administrator shall obligate

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5350 CONGRESSIONAL RECORD — SENATE September 7, 2016 to an eligible State such amounts as are nec- Disease Registry of the National Center for (D) identify effective services, including essary to meet the needs identified in a sup- Environmental Health shall provide con- services relating to healthcare, education, plemented intended use plan by not later sultations regarding health issues described and nutrition for individuals and commu- than 30 days after the date on which the eli- in paragraph (1). nities affected by lead exposure and lead poi- gible State submits to the Administrator a SEC. 7402. LOAN FORGIVENESS. soning, including in consultation with, as ap- supplemented intended use plan under sec- The matter under the heading ‘‘STATE AND propriate, the lead exposure registry as es- tion 1452(b) of the Safe Drinking Water Act TRIBAL ASSISTANCE GRANTS’’ under the head- tablished in subsection (b); and (42 U.S.C. 300j–12(b)) that includes ing ‘‘ENVIRONMENTAL PROTECTION (E) undertake any other review or activi- preapplication information regarding AGENCY’’ in title II of division G of the Con- ties that the Secretary determines to be ap- projects to be funded using the additional as- solidated Appropriations Act, 2016 (Public propriate. sistance, including, with respect to each Law 114–113), is amended in paragraph (1), by (6) REPORT.—Annually for 5 years and such project— striking the semicolon at the end and insert- thereafter as determined necessary by the (i) a description of the project; ing the following: ‘‘or, if a Federal or State Secretary or as required by Congress, the (ii) an explanation of the means by which emergency declaration has been issued due Committee shall submit to the Secretary, the project will address a situation causing a to a threat to public health from heightened the Committees on Finance, Health, Edu- declared emergency in the eligible State; exposure to lead in a municipal drinking cation, Labor, and Pensions, and Agri- (iii) the estimated cost of the project; and water supply, before the date of enactment culture, Nutrition, and Forestry of the Sen- (iv) the projected start date for construc- of this Act: Provided further, That in a State ate and the Committees on Education and tion of the project. in which such an emergency declaration has the Workforce, Energy and Commerce, and (C) UNOBLIGATED AMOUNTS.—Any amounts been issued, the State may use more than 20 Agriculture of the House of Representatives made available to the Administrator under percent of the funds made available under a report that includes— subparagraph (A) that are unobligated on the this title to the State for Drinking Water (A) an evaluation of the effectiveness of date that is 18 months after the date on State Revolving Fund capitalization grants the Federal programs and services available which the amounts are made available shall to provide additional subsidy to eligible re- to individuals and communities exposed to be available to provide additional grants to cipients;’’. lead; States to capitalize State loan funds as pro- SEC. 7403. REGISTRY FOR LEAD EXPOSURE AND (B) an evaluation of additional lead poi- vided under section 1452 of the Safe Drinking ADVISORY COMMITTEE. soning research needs; (a) DEFINITIONS.—In this section: Water Act (42 U.S.C. 300j–12). (C) an assessment of any effective screen- (1) CITY.—The term ‘‘City’’ means a city (D) APPLICABILITY.—Section 1452(b)(1) of ing methods or best practices used or devel- exposed to lead contamination in the local the Safe Drinking Water Act (42 U.S.C. 300j– oped to prevent or screen for lead poisoning; drinking water system. 12(b)(1)) shall not apply to a supplement to (D) input and recommendations for im- (2) COMMITTEE.—The term ‘‘Committee’’ an intended use plan under subparagraph (B). proved access to effective services relating means the Advisory Committee established (2) WIFIA FUNDING.— to healthcare, education, or nutrition for in- under subsection (c). (A) IN GENERAL.—As soon as practicable dividuals and communities impacted by lead (3) SECRETARY.—The term ‘‘Secretary’’ after the date of enactment of this Act, the exposure; and Secretary of the Treasury shall make avail- means the Secretary of Health and Human (E) any other recommendations for com- able to the Administrator $70,000,000 to pro- Services. munities affected by lead exposure, as appro- vide credit subsidies, in consultation with (b) LEAD EXPOSURE REGISTRY.—The Sec- priate. the Director of the Office of Management retary shall establish within the Agency for (d) MANDATORY FUNDING.— and Budget, for secured loans under sub- Toxic Substances and Disease Registry or (1) IN GENERAL.—On the date of enactment section (c)(1)(A) with a goal of providing se- another relevant agency at the discretion of of this Act, out of any funds in the Treasury cured loans totaling at least $700,000,000. the Secretary, or establish through a grant not otherwise appropriated, the Secretary of (B) USE.—Secured loans provided pursuant award or contract, a lead exposure registry to subparagraph (A) shall be available to to collect data on the lead exposure of resi- the Treasury shall transfer to the Secretary, carry out activities described in subsection dents of a City on a voluntary basis. to be available during the period of fiscal (c)(1)(A). (c) ADVISORY COMMITTEE.— years 2016 through 2020— (A) $17,500,000 to carry out subsection (b); (C) EXCLUSION.—Of the amounts made (1) MEMBERSHIP.— available under subparagraph (A), $20,000,000 (A) IN GENERAL.—The Secretary shall es- and shall not be used to provide assistance for a tablish an Advisory Committee in coordina- (B) $2,500,000 to carry out subsection (c). project that is financed (directly or indi- tion with the Director of the Centers for Dis- (2) RECEIPT AND ACCEPTANCE.—The Sec- rectly), in whole or in part, with proceeds of ease Control and Prevention and other rel- retary shall be entitled to receive, shall ac- any obligation issued after the date of enact- evant agencies as determined by the Sec- cept, and shall use to carry out subsections ment of this Act— retary consisting of Federal members and (b) and (c) the funds transferred under sub- (i) the interest of which is exempt from the non-Federal members, and which shall in- paragraphs (A) and (B) of paragraph (1), re- tax imposed under chapter 1 of the Internal clude— spectively, without further appropriation. Revenue Code of 1986; or (i) an epidemiologist; SEC. 7404. ADDITIONAL FUNDING FOR CERTAIN (ii) with respect to which credit is allow- (ii) a toxicologist; CHILDHOOD HEALTH PROGRAMS. able under subpart I or J of part IV of sub- (iii) a mental health professional; (a) CHILDHOOD LEAD POISONING PREVENTION chapter A of chapter 1 of such Code. (iv) a pediatrician; PROGRAM.— (3) APPLICABILITY.—Unless explicitly (v) an early childhood education expert; (1) IN GENERAL.—On the date of enactment waived, all requirements under the Safe (vi) a special education expert; of this Act, out of any funds in the Treasury Drinking Water Act (42 U.S.C. 300f et seq.) (vii) a dietician; and not otherwise appropriated, the Secretary of and the Water Infrastructure Finance and (viii) an environmental health expert. the Treasury shall transfer to the Director of Innovation Act of 2014 (33 U.S.C. 3901 et seq.) (B) REQUIREMENTS.—Membership in the the Centers for Disease Control and Preven- shall apply to funding provided under this Committee shall not exceed 15 members and tion, to be available during the period of fis- subsection. not less than 1⁄2 of the members shall be Fed- cal years 2017 and 2018, $10,000,000 for the (f) HEALTH EFFECTS EVALUATION.— eral members. childhood lead poisoning prevention program (1) IN GENERAL.—Pursuant to section (2) CHAIR.—The Secretary shall designate a authorized under section 317A of the Public 104(i)(1)(E) of the Comprehensive Environ- chair from among the Federal members ap- Health Service Act (42 U.S.C. 247b–1). mental Response, Compensation, and Liabil- pointed to the Committee. (2) RECEIPT AND ACCEPTANCE.—The Director ity Act (42 U.S.C. 9604(i)(1)(E)), and on re- (3) TERMS.—Members of the Committee of the Centers for Disease Control and Pre- ceipt of a request of an appropriate State or shall serve for a term of not more than 3 vention shall be entitled to receive, shall ac- local health official of an eligible State, the years and the Secretary may reappoint mem- cept, and shall use to carry out the child- Director of the Agency for Toxic Substances bers for consecutive terms. hood lead poisoning prevention program au- and Disease Registry of the National Center (4) APPLICATION OF FACA.—The Committee thorized under section 317A of the Public for Environmental Health shall in coordina- shall be subject to the Federal Advisory Health Service Act (42 U.S.C. 247b–1) the tion with other agencies, as appropriate, Committee Act (5 U.S.C. App.). funds transferred under paragraph (1), with- conduct voluntary surveillance activities to (5) RESPONSIBILITIES.—The Committee out further appropriation. evaluate any adverse health effects on indi- shall, at a minimum— (b) HEALTHY HOMES PROGRAM.— viduals exposed to lead from drinking water (A) review the Federal programs and serv- (1) IN GENERAL.—On the date of enactment in the affected communities. ices available to individuals and commu- of this Act, out of any funds in the Treasury (2) CONSULTATIONS.—Pursuant to section nities exposed to lead; not otherwise appropriated, the Secretary of 104(i)(4) of the Comprehensive Environ- (B) review current research on lead poi- the Treasury shall transfer to the Secretary mental Response, Compensation, and Liabil- soning to identify additional research needs; of Housing and Urban Development, to be ity Act (42 U.S.C. 9604(i)(4)), and on receipt of (C) review and identify best practices, or available during the period of fiscal years a request of an appropriate State or local the need for best practices, regarding lead 2017 and 2018, $10,000,000 to carry out the health official of an eligible State, the Direc- screening and the prevention of lead poi- Healthy Homes Initiative of the Department tor of the Agency for Toxic Substances and soning; of Housing and Urban Development.

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(2) RECEIPT AND ACCEPTANCE.—The Sec- stratum beneath the surface of land or ‘‘(I) prompt implementation; retary of Housing and Urban Development water. ‘‘(II) timely achievement of results; and shall be entitled to receive, shall accept, and (3) PLUME.—The term ‘‘plume’’ means any ‘‘(III) resource leveraging; and shall use to carry out the Healthy Homes hazardous waste (as defined in section 1004 of ‘‘(iii) the opportunity to improve inter- Initiative of the Department of Housing and the Solid Waste Disposal Act (42 U.S.C. 6903)) agency and inter-organizational coordina- Urban Development the funds transferred or hazardous substance (as defined in section tion and collaboration to reduce duplication under paragraph (1), without further appro- 101 of the Comprehensive Environmental Re- and streamline efforts. priation. sponse, Compensation, and Liability Act of ‘‘(D) IMPLEMENTATION OF PROJECTS.— (c) HEALTHY START PROGRAM.— 1980 (42 U.S.C. 9601)) found in the ground- ‘‘(i) IN GENERAL.—Subject to subparagraph (1) IN GENERAL.—On the date of enactment water supply. (G)(ii), funds made available to carry out the of this Act, out of any funds in the Treasury (4) SITE.—The term ‘‘site’’ means the site Initiative shall be used to strategically im- not otherwise appropriated, the Secretary of located at 830 South Oyster Bay Road, plement— the Treasury shall transfer to the Adminis- Bethpage, New York, 11714 (Environmental ‘‘(I) Federal projects; and trator of the Health Resources and Services Protection Agency identification number ‘‘(II) projects carried out in coordination Administration, to be available during the NYD002047967). with States, Indian tribes, municipalities, period of fiscal years 2017 and 2018, $10,000,000 SEC. 7502. REPORT ON GROUNDWATER CONTAMI- institutions of higher education, and other to carry out the Healthy Start Initiative NATION. organizations. under section 330H of the Public Health Serv- Not later than 180 days after the date of ‘‘(ii) TRANSFER OF FUNDS.—With amounts ice Act (42 U.S.C. 254c–8). enactment of this Act and annually there- made available for the Initiative each fiscal (2) RECEIPT AND ACCEPTANCE.—The Admin- after, the Secretary of the Navy shall submit year, the Administrator may— istrator of the Health Resources and Serv- to Congress a report on the groundwater con- ‘‘(I) transfer not more than $300,000,000 to ices Administration shall be entitled to re- tamination from the site that includes— the head of any Federal department or agen- ceive, shall accept, and shall use to carry out (1) a description of the status of the cy, with the concurrence of the department the Healthy Start Initiative under section groundwater contaminants that are leaving or agency head, to carry out activities to 330H of the Public Health Service Act (42 the site and migrating to a location within a support the Initiative and the Great Lakes U.S.C. 254c–8) the funds transferred under 10-mile radius of the site, including— Water Quality Agreement; paragraph (1), without further appropriation. (A) detailed mapping of the movement of ‘‘(II) enter into an interagency agreement SEC. 7405. REVIEW AND REPORT. the plume over time; and with the head of any Federal department or (a) IN GENERAL.—Not later than 1 year (B) projected migration rates of the plume; agency to carry out activities described in after the date of enactment of this Act, the (2) an analysis of the current and future subclause (I); and Attorney General and the Inspector General impact of the movement of the plume on ‘‘(III) make grants to governmental enti- of the Environmental Protection Agency drinking water facilities; and ties, nonprofit organizations, institutions, shall submit to the Committees on Appro- (3) a comprehensive strategy to prevent and individuals for planning, research, moni- priations, Environment and Public Works, the groundwater contaminants from the site toring, outreach, and implementation of and Homeland Security and Governmental from contaminating drinking water wells projects in furtherance of the Initiative and Affairs of the Senate and the Committees on that, as of the date of the submission of the the Great Lakes Water Quality Agreement. Appropriations, Energy and Commerce, report, have not been affected by the migra- ‘‘(E) SCOPE.— Transportation and Infrastructure, and Over- tion of the plume. ‘‘(i) IN GENERAL.—Projects shall be carried sight and Government Reform of the House out under the Initiative on multiple levels, of Representatives a report on the status of Subtitle F—Restoration including— any ongoing investigations into the Federal PART I—GREAT LAKES RESTORATION ‘‘(I) Great Lakes-wide; and and State response to the contamination of INITIATIVE ‘‘(II) Great Lakes basin-wide. the drinking water supply of the City of SEC. 7611. GREAT LAKES RESTORATION INITIA- Flint, Michigan. TIVE. ‘‘(ii) LIMITATION.—No funds made available (b) REVIEW.—Not later than 30 days after Section 118(c) of the Federal Water Pollu- to carry out the Initiative may be used for the completion of the investigations de- tion Control Act (33 U.S.C. 1268(c)) is amend- any water infrastructure activity (other scribed in subsection (a), the Comptroller ed by striking paragraph (7) and inserting than a green infrastructure project that im- General of the United States shall commence the following: proves habitat and other ecosystem func- a review of issues that are not addressed by ‘‘(7) GREAT LAKES RESTORATION INITIA- tions in the Great Lakes) for which amounts the investigations and relating to— TIVE.— are made available from— (1) the adequacy of the response by the ‘‘(A) ESTABLISHMENT.—There is established ‘‘(I) a State water pollution control revolv- State of Michigan and the City of Flint to in the Agency a Great Lakes Restoration ing fund established under title VI; or the drinking water crisis in Flint, Michigan, Initiative (referred to in this paragraph as ‘‘(II) a State drinking water revolving loan including the timeliness and transparency of the ‘Initiative’) to carry out programs and fund established under section 1452 of the the response, as well as the capacity of the projects for Great Lakes protection and res- Safe Drinking Water Act (42 U.S.C. 300j–12). State and City to manage the drinking water toration. ‘‘(F) ACTIVITIES BY OTHER FEDERAL AGEN- system; and ‘‘(B) FOCUS AREAS.—Each fiscal year under CIES.—Each relevant Federal department or (2) the adequacy of the response by Region a 5-year Initiative Action Plan, the Initia- agency shall, to the maximum extent prac- 5 of the Environmental Protection Agency to tive shall prioritize programs and projects, ticable— the drinking water crisis in Flint, Michigan, carried out in coordination with non-Federal ‘‘(i) maintain the base level of funding for including the timeliness and transparency of partners, that address priority areas, such the Great Lakes activities of that depart- the response. as— ment or agency without regard to funding (c) CONTENTS OF REPORT.—Not later than 1 ‘‘(i) the remediation of toxic substances under the Initiative; and year after commencing each review under and areas of concern; ‘‘(ii) identify new activities and projects to subsection (b), the Comptroller General of ‘‘(ii) the prevention and control of invasive support the environmental goals of the Ini- the United States shall submit to Congress a species and the impacts of invasive species; tiative and the Great Lakes Water Quality report that includes— ‘‘(iii) the protection and restoration of Agreement. (1) a statement of the principal findings of nearshore health and the prevention and ‘‘(G) FUNDING.— the review; and mitigation of nonpoint source pollution; ‘‘(i) IN GENERAL.—There is authorized to be (2) recommendations for Congress and the ‘‘(iv) habitat and wildlife protection and appropriated to carry out this paragraph President to take any actions to prevent a restoration, including wetlands restoration $300,000,000 for each of fiscal years 2017 similar situation in the future and to protect and preservation; and through 2021. public health. ‘‘(v) accountability, monitoring, evalua- ‘‘(ii) LIMITATION.—Nothing in this para- Subtitle E—Report on Groundwater tion, communication, and partnership activi- graph creates, expands, or amends the au- Contamination ties. thority of the Administrator to implement SEC. 7501. DEFINITIONS. ‘‘(C) PROJECTS.—Under the Initiative, the programs or projects under— In this subtitle: Agency shall collaborate with Federal part- ‘‘(I) this section; (1) COMPREHENSIVE STRATEGY.—The term ners, including the Great Lakes Interagency ‘‘(II) the Initiative Action Plan; or ‘‘comprehensive strategy’’ means a plan Task Force, to select the best combination ‘‘(III) the Great Lakes Water Quality for— of programs and projects for Great Lakes Agreement.’’. (A) the remediation of the plume under the protection and restoration using appropriate PART II—LAKE TAHOE RESTORATION Comprehensive Environmental Response, principles and criteria, including whether a SEC. 7621. FINDINGS AND PURPOSES. Compensation, and Liability Act of 1980 (42 program or project provides— The Lake Tahoe Restoration Act (Public U.S.C. 9601 et seq.); or ‘‘(i) the ability to achieve strategic and Law 106–506; 114 Stat. 2351) is amended by (B) corrective action under the Solid Waste measurable environmental outcomes that striking section 2 and inserting the fol- Disposal Act (42 U.S.C. 6901 et seq.). implement the Great Lakes Action Plan and lowing: (2) GROUNDWATER.—The term ‘‘ground- the Great Lakes Water Quality Agreement; ‘‘SEC. 2. FINDINGS AND PURPOSES. water’’ means water in a saturated zone or ‘‘(ii) the feasibility of— ‘‘(a) FINDINGS.—Congress finds that—

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5352 CONGRESSIONAL RECORD — SENATE September 7, 2016 ‘‘(1) Lake Tahoe— plementation of a comprehensive 10-year plied research to evaluate the effectiveness ‘‘(A) is one of the largest, deepest, and hazardous fuels and fire prevention plan for of the Environmental Improvement Pro- clearest lakes in the world; the Lake Tahoe Basin; gram; and ‘‘(B) has a cobalt blue color, a biologically ‘‘(11) the Assistant Secretary was an origi- ‘‘(B) to provide objective information as a diverse alpine setting, and remarkable water nal signatory in 1997 to the Agreement of basis for ongoing decisionmaking, with an clarity; and Federal Departments on Protection of the emphasis on decisionmaking relating to re- ‘‘(C) is recognized nationally and world- Environment and Economic Health of the source management in the Lake Tahoe wide as a natural resource of special signifi- Lake Tahoe Basin; Basin.’’. cance; ‘‘(12) the Chief of Engineers, under direc- SEC. 7622. DEFINITIONS. ‘‘(2) in addition to being a scenic and eco- tion from the Assistant Secretary, has con- The Lake Tahoe Restoration Act (Public logical treasure, the Lake Tahoe Basin is one tinued to be a significant contributor to Law 106–506; 114 Stat. 2351) is amended by of the outstanding recreational resources of Lake Tahoe Basin restoration, including— striking section 3 and inserting the fol- the United States, which— ‘‘(A) stream and wetland restoration; and lowing: ‘‘(A) offers skiing, water sports, biking, ‘‘(B) programmatic technical assistance; ‘‘SEC. 3. DEFINITIONS. camping, and hiking to millions of visitors ‘‘(13) at the Lake Tahoe Presidential ‘‘In this Act: each year; and Forum in 1997, the President renewed the ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(B) contributes significantly to the econo- commitment of the Federal Government to trator’ means the Administrator of the Envi- mies of California, Nevada, and the United Lake Tahoe by— ronmental Protection Agency. States; ‘‘(A) committing to increased Federal re- ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- ‘‘(3) the economy in the Lake Tahoe Basin sources for ecological restoration at Lake sistant Secretary’ means the Assistant Sec- is dependent on the conservation and res- Tahoe; and retary of the Army for Civil Works. toration of the natural beauty and recre- ‘‘(B) establishing the Federal Interagency ‘‘(3) CHAIR.—The term ‘Chair’ means the ation opportunities in the area; Partnership and Federal Advisory Com- Chair of the Federal Partnership. ‘‘(4) the ecological health of the Lake mittee to consult on natural resources issues ‘‘(4) COMPACT.—The term ‘Compact’ means Tahoe Basin continues to be challenged by concerning the Lake Tahoe Basin; the Tahoe Regional Planning Compact in- the impacts of land use and transportation ‘‘(14) at the 2011 and 2012 Lake Tahoe Fo- cluded in the first section of Public Law 96– patterns developed in the last century; rums, Senator Reid, Senator Feinstein, Sen- 551 (94 Stat. 3233). ‘‘(5) the alteration of wetland, wet mead- ator Heller, Senator Ensign, Governor Gib- ‘‘(5) DIRECTORS.—The term ‘Directors’ ows, and stream zone habitat have com- bons, Governor Sandoval, and Governor means— promised the capacity of the watershed to Brown— ‘‘(A) the Director of the United States Fish filter sediment, nutrients, and pollutants be- ‘‘(A) renewed their commitment to Lake and Wildlife Service; and fore reaching Lake Tahoe; Tahoe; and ‘‘(B) the Director of the United States Geo- ‘‘(6) forests in the Lake Tahoe Basin suffer ‘‘(B) expressed their desire to fund the Fed- logical Survey. from over a century of fire damage and peri- eral and State shares of the Environmental ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO- odic drought, which have resulted in— Improvement Program through 2022; GRAM.—The term ‘Environmental Improve- ‘‘(A) high tree density and mortality; ‘‘(15) since 1997, the Federal Government, ment Program’ means— ‘‘(B) the loss of biological diversity; and the States of California and Nevada, units of ‘‘(A) the Environmental Improvement Pro- ‘‘(C) a large quantity of combustible forest local government, and the private sector gram adopted by the Planning Agency; and fuels, which significantly increases the have contributed more than $1,740,000,000 to ‘‘(B) any amendments to the Program. threat of catastrophic fire and insect infesta- the Lake Tahoe Basin, including— ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING tion; ‘‘(A) $576,300,000 from the Federal Govern- CAPACITY.—The term ‘environmental thresh- ‘‘(7) the establishment of several aquatic ment; old carrying capacity’ has the meaning given and terrestrial invasive species (including ‘‘(B) $654,600,000 from the State of Cali- the term in Article II of the Compact. perennial pepperweed, milfoil, and Asian fornia; ‘‘(8) FEDERAL PARTNERSHIP.—The term clam) threatens the ecosystem of the Lake ‘‘(C) $112,500,000 from the State of Nevada; ‘Federal Partnership’ means the Lake Tahoe Tahoe Basin; ‘‘(D) $74,900,000 from units of local govern- Federal Interagency Partnership established ‘‘(8) there is an ongoing threat to the econ- ment; and by Executive Order 13057 (62 Fed. Reg. 41249) omy and ecosystem of the Lake Tahoe Basin ‘‘(E) $323,700,000 from private interests; (or a successor Executive order). of the introduction and establishment of ‘‘(16) significant additional investment ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The other invasive species (such as yellow from Federal, State, local, and private term ‘forest management activity’ in- starthistle, New Zealand mud snail, Zebra sources is necessary— cludes— mussel, and quagga mussel); ‘‘(A) to restore and sustain the ecological ‘‘(A) prescribed burning for ecosystem ‘‘(9) 78 percent of the land in the Lake health of the Lake Tahoe Basin; health and hazardous fuels reduction; Tahoe Basin is administered by the Federal ‘‘(B) to adapt to the impacts of fluctuating ‘‘(B) mechanical and minimum tool treat- Government, which makes it a Federal re- water temperature and precipitation; and ment; sponsibility to restore ecological health to ‘‘(C) to prevent the introduction and estab- ‘‘(C) stream environment zone restoration the Lake Tahoe Basin; lishment of invasive species in the Lake and other watershed and wildlife habitat en- ‘‘(10) the Federal Government has a long Tahoe Basin; and hancements; history of environmental stewardship at ‘‘(17) the Secretary has indicated that the ‘‘(D) nonnative invasive species manage- Lake Tahoe, including— Lake Tahoe Basin Management Unit has the ment; and ‘‘(A) congressional consent to the estab- capacity for at least $10,000,000 annually for ‘‘(E) other activities consistent with For- lishment of the Planning Agency with— the Fire Risk Reduction and Forest Manage- est Service practices, as the Secretary deter- ‘‘(i) the enactment in 1969 of Public Law ment Program. mines to be appropriate. 91–148 (83 Stat. 360); and ‘‘(b) PURPOSES.—The purposes of this Act ‘‘(10) MAPS.—The term ‘Maps’ means the ‘‘(ii) the enactment in 1980 of Public Law are— maps— 96–551 (94 Stat. 3233); ‘‘(1) to enable the Chief of the Forest Serv- ‘‘(A) entitled— ‘‘(B) the establishment of the Lake Tahoe ice, the Director of the United States Fish ‘‘(i) ‘LTRA USFS-CA Land Exchange/North Basin Management Unit in 1973; and Wildlife Service, and the Administrator, Shore’; ‘‘(C) the enactment of Public Law 96–586 (94 in cooperation with the Planning Agency ‘‘(ii) ‘USFS-CA Land Exchange/West Stat. 3381) in 1980 to provide for the acquisi- and the States of California and Nevada, to Shore’; and tion of environmentally sensitive land and fund, plan, and implement significant new ‘‘(iii) ‘USFS-CA Land Exchange/South erosion control grants in the Lake Tahoe environmental restoration activities and for- Shore’; and Basin; est management activities in the Lake ‘‘(B) dated April 12, 2013, and on file and ‘‘(D) the enactment of sections 341 and 342 Tahoe Basin; available for public inspection in the appro- of the Department of the Interior and Re- ‘‘(2) to ensure that Federal, State, local, priate offices of— lated Agencies Appropriations Act, 2004 regional, tribal, and private entities con- ‘‘(i) the Forest Service; (Public Law 108–108; 117 Stat. 1317), which tinue to work together to manage land in ‘‘(ii) the California Tahoe Conservancy; amended the Southern Nevada Public Land the Lake Tahoe Basin; and Management Act of 1998 (Public Law 105–263; ‘‘(3) to support local governments in efforts ‘‘(iii) the California Department of Parks 112 Stat. 2346) to provide payments for the related to environmental restoration, and Recreation. environmental restoration programs under stormwater pollution control, fire risk re- ‘‘(11) NATIONAL WILDLAND FIRE CODE.—The this Act; and duction, and forest management activities; term ‘national wildland fire code’ means— ‘‘(E) the enactment of section 382 of the and ‘‘(A) the most recent publication of the Na- Tax Relief and Health Care Act of 2006 (Pub- ‘‘(4) to ensure that agency and science tional Fire Protection Association codes lic Law 109–432; 120 Stat. 3045), which amend- community representatives in the Lake numbered 1141, 1142, 1143, and 1144; ed the Southern Nevada Public Land Man- Tahoe Basin work together— ‘‘(B) the most recent publication of the agement Act of 1998 (Public Law 105–263; 112 ‘‘(A) to develop and implement a plan for International Wildland-Urban Interface Code Stat. 2346) to authorize development and im- integrated monitoring, assessment, and ap- of the International Code Council; or

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5353 ‘‘(C) any other code that the Secretary de- ‘‘(B) provide for monitoring to ascertain ‘‘(E) The ability of a program to leverage termines provides the same, or better, stand- the attainment of the post-program condi- non-Federal contributions. ards for protection against wildland fire as a tions. ‘‘(F) Stakeholder support for the program. code described in subparagraph (A) or (B). ‘‘(d) WITHDRAWAL OF FEDERAL LAND.— ‘‘(G) The justification of Federal interest. ‘‘(12) PLANNING AGENCY.—The term ‘Plan- ‘‘(1) IN GENERAL.—Subject to valid existing ‘‘(H) Agency priority. ning Agency’ means the Tahoe Regional rights and paragraph (2), the Federal land lo- ‘‘(I) Agency capacity. Planning Agency established under Public cated in the Lake Tahoe Basin Management ‘‘(J) Cost-effectiveness. Law 91–148 (83 Stat. 360) and Public Law 96– Unit is withdrawn from— ‘‘(K) Federal funding history. 551 (94 Stat. 3233). ‘‘(A) all forms of entry, appropriation, or ‘‘(3) REVISIONS.—The Priority List sub- ‘‘(13) PRIORITY LIST.—The term ‘Priority disposal under the public land laws; mitted under paragraph (1) shall be revised List’ means the environmental restoration ‘‘(B) location, entry, and patent under the every 2 years. priority list developed under section 5(b). mining laws; and ‘‘(4) FUNDING.—Of the amounts made avail- ‘‘(14) SECRETARY.—The term ‘Secretary’ ‘‘(C) disposition under all laws relating to able under section 10(a), $80,000,000 shall be means the Secretary of Agriculture, acting mineral and geothermal leasing. made available to the Secretary to carry out through the Chief of the Forest Service. ‘‘(2) EXCEPTIONS.—A conveyance of land projects listed on the Priority List. ‘‘(15) STREAM ENVIRONMENT ZONE.—The shall be exempt from withdrawal under this ‘‘(c) RESTRICTION.—The Administrator term ‘Stream Environment Zone’ means an subsection if carried out under— shall use not more than 3 percent of the area that generally owes the biological and ‘‘(A) this Act; or funds provided under subsection (a) for ad- physical characteristics of the area to the ‘‘(B) Public Law 96–586 (94 Stat. 3381) (com- ministering the programs described in para- presence of surface water or groundwater. monly known as the ‘Santini-Burton Act’). graphs (1) and (2) of subsection (d). ‘‘(d) DESCRIPTION OF ACTIVITIES.— ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(1) FIRE RISK REDUCTION AND FOREST MAN- term ‘total maximum daily load’ means the CAPACITY.—The Lake Tahoe Basin Manage- AGEMENT.— total maximum daily load allocations adopt- ment Unit shall support the attainment of ‘‘(A) IN GENERAL.—Of the amounts made ed under section 303(d) of the Federal Water the environmental threshold carrying capac- available under section 10(a), $150,000,000 Pollution Control Act (33 U.S.C. 1313(d)). ities. ‘‘(f) COOPERATIVE AUTHORITIES.—During shall be made available to the Secretary to ‘‘(17) WATERCRAFT.—The term ‘watercraft’ carry out, including by making grants, the means motorized and non-motorized the 4 fiscal years following the date of enact- ment of the Water Resources Development following programs: watercraft, including boats, seaplanes, per- Act of 2016, the Secretary, in conjunction ‘‘(i) Programs identified as part of the sonal watercraft, kayaks, and canoes.’’. with land adjustment programs, may enter Lake Tahoe Basin Multi-Jurisdictional Fuel SEC. 7623. IMPROVED ADMINISTRATION OF THE into contracts and cooperative agreements Reduction and Wildfire Prevention Strategy LAKE TAHOE BASIN MANAGEMENT with States, units of local government, and 10-Year Plan. UNIT. other public and private entities to provide ‘‘(ii) Competitive grants for fuels work to Section 4 of the Lake Tahoe Restoration for fuel reduction, erosion control, reforest- be awarded by the Secretary to communities that have adopted national wildland fire Act (Public Law 106–506; 114 Stat. 2353) is ation, Stream Environment Zone restora- tion, and similar management activities on codes to implement the applicable portion of amended— Federal land and non-Federal land within the 10-year plan described in clause (i). (1) in subsection (b)(3), by striking ‘‘basin’’ the programs.’’. ‘‘(iii) Biomass programs, including feasi- and inserting ‘‘Basin’’; and bility assessments. (2) by adding at the end the following: SEC. 7624. AUTHORIZED PROGRAMS. The Lake Tahoe Restoration Act (Public ‘‘(iv) Angora Fire Restoration under the ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— Law 106–506; 114 Stat. 2351) is amended by jurisdiction of the Secretary. ‘‘(1) COORDINATION.— striking section 5 and inserting the fol- ‘‘(v) Washoe Tribe programs on tribal lands ‘‘(A) IN GENERAL.—In conducting forest lowing: within the Lake Tahoe Basin. management activities in the Lake Tahoe ‘‘SEC. 5. AUTHORIZED PROGRAMS. ‘‘(vi) Development of an updated Lake Basin Management Unit, the Secretary shall, ‘‘(a) IN GENERAL.—The Secretary, the As- Tahoe Basin multijurisdictional fuel reduc- as appropriate, coordinate with the Adminis- sistant Secretary, the Directors, and the Ad- tion and wildfire prevention strategy, con- trator and State and local agencies and orga- ministrator, in coordination with the Plan- sistent with section 4(c). nizations, including local fire departments ning Agency and the States of California and ‘‘(vii) Development of updated community and volunteer groups. Nevada, may carry out or provide financial wildfire protection plans by local fire dis- ‘‘(B) GOALS.—The coordination of activi- assistance to any program that— tricts. ties under subparagraph (A) should aim to ‘‘(1) is described in subsection (d); ‘‘(viii) Municipal water infrastructure that increase efficiencies and maximize the com- ‘‘(2) is included in the Priority List under significantly improves the firefighting capa- patibility of management practices across subsection (b); and bility of local government within the Lake public property boundaries. ‘‘(3) furthers the purposes of the Environ- Tahoe Basin. ‘‘(2) MULTIPLE BENEFITS.— mental Improvement Program if the pro- ‘‘(ix) Stewardship end result contracting ‘‘(A) IN GENERAL.—In conducting forest gram has been subject to environmental re- projects carried out under section 604 of the management activities in the Lake Tahoe view and approval, respectively, as required Healthy Forests Restoration Act of 2003 (16 Basin Management Unit, the Secretary shall under Federal law, Article VII of the Com- U.S.C. 6591c). conduct the activities in a manner that— pact, and State law, as applicable. ‘‘(B) MINIMUM ALLOCATION.—Of the ‘‘(i) except as provided in subparagraph (B), ‘‘(b) PRIORITY LIST.— amounts made available to the Secretary to attains multiple ecosystem benefits, includ- ‘‘(1) DEADLINE.—Not later than March 15 of carry out subparagraph (A), at least ing— the year after the date of enactment of the $100,000,000 shall be used by the Secretary for ‘‘(I) reducing forest fuels; Water Resources Development Act of 2016, programs under subparagraph (A)(i). ‘‘(II) maintaining biological diversity; the Chair, in consultation with the Sec- ‘‘(C) PRIORITY.—Units of local government ‘‘(III) improving wetland and water qual- retary, the Administrator, the Directors, the that have dedicated funding for inspections ity, including in Stream Environment Zones; Planning Agency, the States of California and enforcement of defensible space regula- and and Nevada, the Federal Partnership, the tions shall be given priority for amounts pro- ‘‘(IV) increasing resilience to changing Washoe Tribe, the Lake Tahoe Federal Advi- vided under this paragraph. water temperature and precipitation; and sory Committee, and the Tahoe Science Con- ‘‘(D) COST-SHARING REQUIREMENTS.— ‘‘(ii) helps achieve and maintain the envi- sortium (or a successor organization) shall ‘‘(i) IN GENERAL.—As a condition on the re- ronmental threshold carrying capacities es- submit to Congress a prioritized Environ- ceipt of funds, communities or local fire dis- tablished by the Planning Agency. mental Improvement Program list for the tricts that receive funds under this para- ‘‘(B) EXCEPTION.—Notwithstanding sub- Lake Tahoe Basin for each program category graph shall provide a 25-percent match. paragraph (A)(i), the attainment of multiple described in subsection (d). ‘‘(ii) FORM OF NON-FEDERAL SHARE.— ecosystem benefits shall not be required if ‘‘(2) CRITERIA.—The ranking of the Priority ‘‘(I) IN GENERAL.—The non-Federal share the Secretary determines that management List shall be based on the best available required under clause (i) may be in the form for multiple ecosystem benefits would exces- science and the following criteria: of cash contributions or in-kind contribu- sively increase the cost of a program in rela- ‘‘(A) The 4-year threshold carrying capac- tions, including providing labor, equipment, tion to the additional ecosystem benefits ity evaluation. supplies, space, and other operational needs. gained from the management activity. ‘‘(B) The ability to measure progress or ‘‘(II) CREDIT FOR CERTAIN DEDICATED FUND- ‘‘(3) GROUND DISTURBANCE.—Consistent success of the program. ING.—There shall be credited toward the non- with applicable Federal law and Lake Tahoe ‘‘(C) The potential to significantly con- Federal share required under clause (i) any Basin Management Unit land and resource tribute to the achievement and maintenance dedicated funding of the communities or management plan direction, the Secretary of the environmental threshold carrying ca- local fire districts for a fuels reduction man- shall— pacities identified in Article II of the Com- agement program, defensible space inspec- ‘‘(A) establish post-program ground condi- pact. tions, or dooryard chipping. tion criteria for ground disturbance caused ‘‘(D) The ability of a program to provide ‘‘(III) DOCUMENTATION.—Communities and by forest management activities; and multiple benefits. local fire districts shall—

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‘‘(aa) maintain a record of in-kind con- ‘‘(J) SAVINGS CLAUSE.—Nothing in this title long-term viability of the end products by tributions that describes— restricts, affects, or amends any other law or the non-Federal interest; and ‘‘(AA) the monetary value of the in-kind the authority of any department, instrumen- ‘‘(iii) include cost-sharing provisions in ac- contributions; and tality, or agency of the United States, or any cordance with subparagraph (C). ‘‘(BB) the manner in which the in-kind State or political subdivision thereof, re- ‘‘(C) FEDERAL SHARE.— contributions assist in accomplishing pro- specting the control of invasive species. ‘‘(i) IN GENERAL.—The Federal share of pro- gram goals and objectives; and ‘‘(3) STORMWATER MANAGEMENT, EROSION gram costs under each local cooperation ‘‘(bb) document in all requests for Federal CONTROL, AND TOTAL WATERSHED RESTORA- agreement under this paragraph shall be 65 funding, and include in the total program TION.—Of the amounts made available under percent. budget, evidence of the commitment to pro- section 10(a), $113,000,000 shall be made avail- ‘‘(ii) FORM.—The Federal share may be in vide the non-Federal share through in-kind able— the form of reimbursements of program contributions. ‘‘(A) to the Secretary, the Secretary of the costs. ‘‘(2) INVASIVE SPECIES MANAGEMENT.— Interior, the Assistant Secretary, or the Ad- ‘‘(iii) CREDIT.—The non-Federal interest ‘‘(A) IN GENERAL.—Of the amounts made ministrator for the Federal share of may receive credit toward the non-Federal available under section 10(a), $45,000,000 shall stormwater management and related pro- share for the reasonable costs of related be made available to the Director of the grams consistent with the adopted Total technical activities completed by the non- United States Fish and Wildlife Service for Maximum Daily Load and near-shore water Federal interest before entering into a local the Aquatic Invasive Species Program and quality goals; cooperation agreement with the Assistant the watercraft inspections described in sub- ‘‘(B) for grants by the Secretary and the Secretary under this paragraph. Administrator to carry out the programs de- paragraph (B). ‘‘(d) EFFECTIVENESS EVALUATION AND MONI- scribed in subparagraph (A); ‘‘(B) DESCRIPTION OF ACTIVITIES.—The Di- TORING.—In carrying out this Act, the Sec- rector of the United States Fish and Wildlife ‘‘(C) to the Secretary or the Assistant Sec- retary, the Administrator, and the Directors, Service, in coordination with the Assistant retary for the Federal share of the Upper in coordination with the Planning Agency Truckee River restoration programs and Secretary, the Planning Agency, the Cali- and the States of California and Nevada, other watershed restoration programs identi- fornia Department of Fish and Wildlife, and shall— fied in the Priority List established under the Nevada Department of Wildlife, shall de- ‘‘(1) develop and implement a plan for inte- section 5(b); and ploy strategies consistent with the Lake grated monitoring, assessment, and applied ‘‘(D) for grants by the Administrator to Tahoe Aquatic Invasive Species Management research to evaluate the effectiveness of the carry out the programs described in subpara- Plan to prevent the introduction or spread of Environmental Improvement Program; graph (C). aquatic invasive species in the Lake Tahoe ‘‘(2) include funds in each program funded ‘‘(4) SPECIAL STATUS SPECIES MANAGE- region. under this section for monitoring and assess- MENT.—Of the amounts made available under ‘‘(C) CRITERIA.—The strategies referred to ment of results at the program level; and section 10(a), $20,000,000 shall be made avail- in subparagraph (B) shall provide that— ‘‘(3) use the integrated multiagency per- able to the Director of the United States ‘‘(i) combined inspection and decontamina- formance measures established under this Fish and Wildlife Service for the Lahontan tion stations be established and operated at section. not less than 2 locations in the Lake Tahoe Cutthroat Trout Recovery Program.’’. region; and SEC. 7625. PROGRAM PERFORMANCE AND AC- ‘‘(e) REPORTING REQUIREMENTS.—Not later ‘‘(ii) watercraft not be allowed to launch in COUNTABILITY. than March 15 of each year, the Secretary, in waters of the Lake Tahoe region if the The Lake Tahoe Restoration Act (Public cooperation with the Chair, the Adminis- watercraft has not been inspected in accord- Law 106–506; 114 Stat. 2351) is amended by trator, the Directors, the Planning Agency, ance with the Lake Tahoe Aquatic Invasive striking section 6 and inserting the fol- and the States of California and Nevada, con- Species Management Plan. lowing: sistent with subsection (a), shall submit to Congress a report that describes— ‘‘(D) CERTIFICATION.—The Planning Agency ‘‘SEC. 6. PROGRAM PERFORMANCE AND AC- may certify State and local agencies to per- COUNTABILITY. ‘‘(1) the status of all Federal, State, local, and private programs authorized under this form the decontamination activities de- ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT- Act, including to the maximum extent prac- scribed in subparagraph (C)(i) at locations ABILITY.— ticable, for programs that will receive Fed- outside the Lake Tahoe Basin if standards at ‘‘(1) IN GENERAL.—Of the amounts made the sites meet or exceed standards for simi- available under section 10(a), not less than eral funds under this Act during the current lar sites in the Lake Tahoe Basin established $5,000,000 shall be made available to the Sec- or subsequent fiscal year— under this paragraph. retary to carry out this section. ‘‘(A) the program scope; ‘‘(B) the budget for the program; and ‘‘(E) APPLICABILITY.—The strategies and ‘‘(2) PLANNING AGENCY.—Of the amounts de- criteria developed under this paragraph shall scribed in paragraph (1), not less than 50 per- ‘‘(C) the justification for the program, con- apply to all watercraft to be launched on cent shall be made available to the Planning sistent with the criteria established in sec- water within the Lake Tahoe region. Agency to carry out the program oversight tion 5(b)(2); ‘‘(2) Federal, State, local, and private ex- ‘‘(F) FEES.—The Director of the United and coordination activities established under States Fish and Wildlife Service may collect subsection (d). penditures in the preceding fiscal year to im- plement the Environmental Improvement and spend fees for decontamination only at a ‘‘(b) CONSULTATION.—In carrying out this level sufficient to cover the costs of oper- Act, the Secretary, the Administrator, and Program; ation of inspection and decontamination sta- the Directors shall, as appropriate and in a ‘‘(3) accomplishments in the preceding fis- tions under this paragraph. timely manner, consult with the heads of the cal year in implementing this Act in accord- ance with the performance measures and ‘‘(G) CIVIL PENALTIES.— Washoe Tribe, applicable Federal, State, re- other monitoring and assessment activities; ‘‘(i) IN GENERAL.—Any person that gional, and local governmental agencies, and launches, attempts to launch, or facilitates the Lake Tahoe Federal Advisory Com- and launching of watercraft not in compliance mittee. ‘‘(4) public education and outreach efforts undertaken to implement programs author- with strategies deployed under this para- ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY ized under this Act. graph shall be liable for a civil penalty in an AGREEMENTS.— amount not to exceed $1,000 per violation. ‘‘(1) IN GENERAL.—The Assistant Secretary ‘‘(f) ANNUAL BUDGET PLAN.—As part of the ‘‘(ii) OTHER AUTHORITIES.—Any penalties may enter into interagency agreements with annual budget of the President, the Presi- assessed under this subparagraph shall be non-Federal interests in the Lake Tahoe dent shall submit information regarding separate from penalties assessed under any Basin to use Lake Tahoe Partnership-Mis- each Federal agency involved in the Envi- other authority. cellaneous General Investigations funds to ronmental Improvement Program (including ‘‘(H) LIMITATION.—The strategies and cri- provide programmatic technical assistance the Forest Service, the Environmental Pro- teria under subparagraphs (B) and (C), re- for the Environmental Improvement Pro- tection Agency, the United States Fish and spectively, may be modified if the Secretary gram. Wildlife Service, the United States Geologi- of the Interior, in a nondelegable capacity ‘‘(2) LOCAL COOPERATION AGREEMENTS.— cal Survey, and the Corps of Engineers), in- and in consultation with the Planning Agen- ‘‘(A) IN GENERAL.—Before providing tech- cluding— cy and State governments, issues a deter- nical assistance under this section, the As- ‘‘(1) an interagency crosscut budget that mination that alternative measures will be sistant Secretary shall enter into a local co- displays the proposed budget for use by each no less effective at preventing introduction operation agreement with a non-Federal in- Federal agency in carrying out restoration of aquatic invasive species into Lake Tahoe terest to provide for the technical assist- activities relating to the Environmental Im- than the strategies and criteria developed ance. provement Program for the following fiscal under subparagraphs (B) and (C), respec- ‘‘(B) COMPONENTS.—The agreement entered year; tively. into under subparagraph (A) shall— ‘‘(2) a detailed accounting of all amounts ‘‘(I) SUPPLEMENTAL AUTHORITY.—The au- ‘‘(i) describe the nature of the technical as- received and obligated by Federal agencies thority under this paragraph is supplemental sistance; to achieve the goals of the Environmental to all actions taken by non-Federal regu- ‘‘(ii) describe any legal and institutional Improvement Program during the preceding latory authorities. structures necessary to ensure the effective fiscal year; and

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5355 ‘‘(3) a description of the Federal role in the (1) by striking ‘‘(b) Lands’’ and inserting ‘‘(iii) be subject to the condition that the Environmental Improvement Program, in- the following: applicable deed include such terms, restric- cluding the specific role of each agency in- ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— tions, covenants, conditions, and reserva- volved in the restoration of the Lake Tahoe ‘‘(1) IN GENERAL.—Land’’; and tions as the Secretary determines nec- Basin.’’. (2) by adding at the end the following: essary— SEC. 7626. CONFORMING AMENDMENTS; UP- ‘‘(2) CALIFORNIA CONVEYANCES.— ‘‘(I) to ensure compliance with this Act; DATES TO RELATED LAWS. ‘‘(A) IN GENERAL.—If the State of Cali- and (a) LAKE TAHOE RESTORATION ACT.—The fornia (acting through the California Tahoe ‘‘(II) to ensure that the development rights Lake Tahoe Restoration Act (Public Law Conservancy and the California Department associated with the conveyed parcels shall 106–506; 114 Stat. 2351) is amended— of Parks and Recreation) offers to donate to not be recognized or available for transfer (1) by striking sections 8 and 9; the United States acceptable title to the under section 90.2 of the Code of Ordinances (2) by redesignating sections 10, 11, and 12 non-Federal land described in subparagraph for the Tahoe Regional Planning Agency. as sections 8, 9, and 10, respectively; and (B)(i), the Secretary— ‘‘(4) REVERSION.—If a parcel of land trans- (3) in section 9 (as redesignated by para- ‘‘(i) may accept the offer; and ferred under paragraph (2) or (3) is used in a graph (2)) by inserting ‘‘, Director, or Admin- ‘‘(ii) not later than 180 days after the date manner that is inconsistent with the use de- istrator’’ after ‘‘Secretary’’. on which the Secretary receives acceptable scribed for the parcel of land in paragraph (2) (b) TAHOE REGIONAL PLANNING COMPACT.— title to the non-Federal land described in or (3), respectively, the parcel of land, shall, Subsection (c) of Article V of the Tahoe Re- subparagraph (B)(i), convey to the State of at the discretion of the Secretary, revert to gional Planning Compact (Public Law 96–551; California, subject to valid existing rights the United States. 94 Stat. 3240) is amended in the third sen- and for no consideration, all right, title, and ‘‘(5) FUNDING.— tence by inserting ‘‘and, in so doing, shall interest of the United States in and to the ‘‘(A) IN GENERAL.—Of the amounts made ensure that the regional plan reflects chang- Federal land that is acceptable to the State available under section 10(a) of the Lake ing economic conditions and the economic of California. Tahoe Restoration Act (Public Law 106–506; effect of regulation on commerce’’ after ‘‘(B) DESCRIPTION OF LAND.— 114 Stat. 2351), $2,000,000 shall be made avail- ‘‘maintain the regional plan’’. ‘‘(i) NON-FEDERAL LAND.—The non-Federal able to the Secretary to carry out the activi- land referred to in subparagraph (A) in- (c) TREATMENT UNDER TITLE 49, UNITED ties under paragraphs (2) and (3). cludes— STATES CODE.—Section 5303(r)(2)(C) of title ‘‘(B) OTHER FUNDS.—Of the amounts avail- 49, United States Code, is amended— ‘‘(I) the approximately 1,981 acres of land able to the Secretary under paragraph (1), (1) by inserting ‘‘and 25 square miles of administered by the California Tahoe Con- not less than 50 percent shall be provided to servancy and identified on the Maps as ‘Con- land area’’ after ‘‘145,000’’; and the California Tahoe Conservancy to facili- servancy to the United States Forest Serv- (2) by inserting ‘‘and 12 square miles of tate the conveyance of land described in ice’; and land area’’ after ‘‘65,000’’. paragraphs (2) and (3).’’. ‘‘(II) the approximately 187 acres of land SEC. 7627. AUTHORIZATION OF APPROPRIATIONS. administered by California State Parks and PART III—LONG ISLAND SOUND The Lake Tahoe Restoration Act (Public identified on the Maps as ‘State Parks to the RESTORATION Law 106–506; 114 Stat. 2351) is amended by U.S. Forest Service’. SEC. 7631. RESTORATION AND STEWARDSHIP striking section 10 (as redesignated by sec- ‘‘(ii) FEDERAL LAND.—The Federal land re- PROGRAMS. tion 7626(a)(2)) and inserting the following: ferred to in subparagraph (A) includes the (a) LONG ISLAND SOUND RESTORATION PRO- ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. approximately 1,995 acres of Forest Service GRAM.—Section 119 of the Federal Water Pol- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— land identified on the Maps as ‘U.S. Forest lution Control Act (33 U.S.C. 1269) is amend- There is authorized to be appropriated to Service to Conservancy and State Parks’. ed— carry out this Act $415,000,000 for a period of ‘‘(C) CONDITIONS.—Any land conveyed (1) in subsection (b), by striking the sub- 10 fiscal years beginning the first fiscal year under this paragraph shall— section designation and heading and all that after the date of enactment of the Water Re- ‘‘(i) be for the purpose of consolidating follows through ‘‘The Office shall’’ and in- sources Development Act of 2016. Federal and State ownerships and improving serting the following: ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts management efficiencies; ‘‘(b) OFFICE.— authorized under this section and any ‘‘(ii) not result in any significant changes ‘‘(1) ESTABLISHMENT.—The Administrator amendments made by this Act— in the uses of the land; and shall— ‘‘(1) shall be in addition to any other ‘‘(iii) be subject to the condition that the ‘‘(A) continue to carry out the conference amounts made available to the Secretary, applicable deed include such terms, restric- study; and the Administrator, or the Directors for ex- tions, covenants, conditions, and reserva- ‘‘(B) establish an office, to be located on or penditure in the Lake Tahoe Basin; and tions as the Secretary determines nec- near Long Island Sound. ‘‘(2) shall not reduce allocations for other essary— ‘‘(2) ADMINISTRATION AND STAFFING.—The Regions of the Forest Service, the Environ- ‘‘(I) to ensure compliance with this Act; Office shall’’; mental Protection Agency, or the United and (2) in subsection (c)— States Fish and Wildlife Service. ‘‘(II) to ensure that the transfer of develop- (A) in the matter preceding paragraph (1), ‘‘(c) COST-SHARING REQUIREMENT.—Except ment rights associated with the conveyed by striking ‘‘Management Conference of the as provided in subsection (d) and section parcels shall not be recognized or available Long Island Sound Study’’ and inserting 5(d)(1)(D), funds for activities carried out for transfer under chapter 51 of the Code of ‘‘conference study’’; under section 5 shall be available for obliga- Ordinances for the Tahoe Regional Planning (B) in paragraph (2)— tion on a 1-to-1 basis with funding of restora- Agency. (i) in each of subparagraphs (A) through tion activities in the Lake Tahoe Basin by ‘‘(3) NEVADA CONVEYANCES.— (G), by striking the commas at the end of the the States of California and Nevada. ‘‘(A) IN GENERAL.—In accordance with this subparagraphs and inserting semicolons; ‘‘(d) RELOCATION COSTS.—Notwithstanding section and on request by the Governor of (ii) in subparagraph (H), by striking ‘‘, subsection (c), the Secretary shall provide to Nevada, the Secretary may transfer the land and’’ and inserting a semicolon; local utility districts 2⁄3 of the costs of relo- or interests in land described in subpara- (iii) in subparagraph (I), by striking the pe- cating facilities in connection with— graph (B) to the State of Nevada without riod at the end and inserting a semicolon; ‘‘(1) environmental restoration programs consideration, subject to appropriate deed and under sections 5 and 6; and restrictions to protect the environmental (iv) by adding at the end the following: ‘‘(2) erosion control programs under sec- quality and public recreational use of the ‘‘(J) environmental impacts on the Long tion 2 of Public Law 96–586 (94 Stat. 3381). land transferred. Island Sound watershed, including— ‘‘(e) SIGNAGE.—To the maximum extent ‘‘(B) DESCRIPTION OF LAND.—The land re- ‘‘(i) the identification and assessment of practicable, a program provided assistance ferred to in subparagraph (A) includes— vulnerabilities in the watershed; under this Act shall include appropriate ‘‘(i) the approximately 38.68 acres of Forest ‘‘(ii) the development and implementation signage at the program site that— Service land identified on the map entitled of adaptation strategies to reduce those ‘‘(1) provides information to the public ‘State of Nevada Conveyances’ as ‘Van Sick- vulnerabilities; and on— le Unit USFS Inholding’; and ‘‘(iii) the identification and assessment of ‘‘(A) the amount of Federal funds being ‘‘(ii) the approximately 92.28 acres of For- the impacts of sea level rise on water qual- provided to the program; and est Service land identified on the map enti- ity, habitat, and infrastructure; and ‘‘(B) this Act; and tled ‘State of Nevada Conveyances’ as ‘Lake ‘‘(K) planning initiatives for Long Island ‘‘(2) displays the visual identity mark of Tahoe Nevada State Park USFS Inholding’. Sound that identify the areas that are most the Environmental Improvement Program.’’. ‘‘(C) CONDITIONS.—Any land conveyed suitable for various types or classes of ac- SEC. 7628. LAND TRANSFERS TO IMPROVE MAN- under this paragraph shall— tivities in order to reduce conflicts among AGEMENT EFFICIENCIES OF FED- ‘‘(i) be for the purpose of consolidating uses, reduce adverse environmental impacts, ERAL AND STATE LAND. Federal and State ownerships and improving facilitate compatible uses, or preserve crit- Section 3(b) of Public Law 96–586 (94 Stat. management efficiencies; ical ecosystem services to meet economic, 3384) (commonly known as the ‘‘Santini-Bur- ‘‘(ii) not result in any significant changes environmental, security, or social objec- ton Act’’) is amended— in the uses of the land; and tives;’’;

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.016 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5356 CONGRESSIONAL RECORD — SENATE September 7, 2016 (C) by striking paragraph (4) and inserting tion projects and studies relating to the wa- (1) section 119 of the Federal Water Pollu- the following: tershed; tion Control Act (33 U.S.C. 1269), other than ‘‘(4) develop and implement strategies to ‘‘(B) the estimated budget for the current subsection (d) of that section; and increase public education and awareness fiscal year for protection and restoration (2) the Long Island Sound Stewardship Act with respect to the ecological health and projects and studies relating to the water- of 2006 (33 U.S.C. 1269 note; Public Law 109– water quality conditions of Long Island shed; and 359). Sound;’’; ‘‘(C) the proposed budget for succeeding (b) LONG ISLAND SOUND GRANTS.—There is (D) in paragraph (5), by inserting ‘‘study’’ fiscal years for protection and restoration authorized to be appropriated to the Admin- after ‘‘conference’’; projects and studies relating to the water- istrator to carry out section 119(d) of the (E) in paragraph (6)— shed; and Federal Water Pollution Control Act (33 (i) by inserting ‘‘(including on the Inter- ‘‘(2) a summary of any proposed modifica- U.S.C. 1269(d)) $40,000,000 for each of fiscal net)’’ after ‘‘the public’’; and tions to the Long Island Sound Comprehen- years 2017 through 2021. (ii) by inserting ‘‘study’’ after ‘‘con- sive Conservation and Management Plan for (c) LONG ISLAND SOUND STEWARDSHIP ference’’; and the following fiscal year. GRANTS.—There is authorized to be appro- (F) by striking paragraph (7) and inserting ‘‘(h) FEDERAL ENTITIES.— priated to the Administrator to carry out the following: ‘‘(1) COORDINATION.—The Administrator the Long Island Sound Stewardship Act of ‘‘(7) monitor the progress made toward shall coordinate the actions of all Federal 2006 (33 U.S.C. 1269 note; Public Law 109–359) meeting the identified goals, actions, and departments and agencies that impact water $25,000,000 for each of fiscal years 2017 schedules of the Comprehensive Conserva- quality in the Long Island Sound watershed through 2021. in order to improve the water quality and tion and Management Plan, including Subtitle G—Offset through the implementation and support of a living resources of the watershed. SEC. 7701. OFFSET. monitoring system for the ecological health ‘‘(2) METHODS.—In carrying out this sec- None of the funds available to the Sec- and water quality conditions of Long Island tion, the Administrator, acting through the retary of Energy to provide any credit sub- Sound; and’’; Director of the Office, may— sidy under subsection (d) of section 136 of the (3) in subsection (d)(3), in the second sen- ‘‘(A) enter into interagency agreements; Energy Independence and Security Act of tence, by striking ‘‘50 per centum’’ and in- and 2007 (42 U.S.C. 17013) as of the date of enact- serting ‘‘60 percent’’; ‘‘(B) make intergovernmental personnel ment of this Act shall be obligated for new (4) by redesignating subsection (f) as sub- appointments. ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED loan commitments under that subsection on section (i); and PLANNING.—A Federal department or agency or after October 1, 2020. (5) by inserting after subsection (e) the fol- that owns or occupies real property, or car- lowing: COMMITTEE-REPORTED AMENDMENTS ries out activities, within the Long Island ‘‘(f) REPORT.— WITHDRAWN Sound watershed shall participate in re- Mr. INHOFE. On behalf of the com- ‘‘(1) IN GENERAL.—Not later than 2 years gional and subwatershed planning, protec- after the date of enactment of the Water Re- tion, and restoration activities with respect mittee, I withdraw the committee-re- sources Development Act of 2016, and bienni- to the watershed. ported amendments. ally thereafter, the Director of the Office, in ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON- The PRESIDING OFFICER. The consultation with the Governor of each Long SERVATION AND MANAGEMENT PLAN.—To the amendments are withdrawn. Island Sound State, shall submit to Congress maximum extent practicable, the head of AMENDMENT NO. 4979 a report that— each Federal department and agency that (Purpose: In the nature of a substitute.) ‘‘(A) summarizes and assesses the progress owns or occupies real property, or carries made by the Office and the Long Island out activities, within the Long Island Sound Mr. MCCONNELL. Mr. President, I Sound States in implementing the Long Is- watershed shall ensure that the property and call up the Inhofe-Boxer substitute land Sound Comprehensive Conservation and all activities carried out by the department amendment No. 4979. Management Plan, including an assessment or agency are consistent with the Long Is- The PRESIDING OFFICER. The of the progress made toward meeting the land Sound Comprehensive Conservation and clerk will report. performance goals and milestones contained Management Plan (including any related in the Plan; The senior assistant legislative clerk subsequent agreements and plans).’’. read as follows: ‘‘(B) assesses the key ecological attributes (b) LONG ISLAND SOUND STEWARDSHIP PRO- that reflect the health of the ecosystem of GRAM.— The Senator from Kentucky [Mr. MCCON- the Long Island Sound watershed; (1) LONG ISLAND SOUND STEWARDSHIP ADVI- NELL], for Mr. INHOFE, proposes an amend- ‘‘(C) describes any substantive modifica- SORY COMMITTEE.—Section 8 of the Long Is- ment numbered 4979. tions to the Long Island Sound Comprehen- land Sound Stewardship Act of 2006 (33 U.S.C. Mr. MCCONNELL. I ask unanimous sive Conservation and Management Plan 1269 note; Public Law 109–359) is amended— made during the 2-year period preceding the consent that the reading of the amend- (A) in subsection (g), by striking ‘‘2011’’ ment be dispensed with. date of submission of the report; and inserting ‘‘2021’’; and ‘‘(D) provides specific recommendations to (B) by adding at the end the following: The PRESIDING OFFICER. Without improve progress in restoring and protecting ‘‘(h) NONAPPLICABILITY OF FACA.—The objection, it is so ordered. the Long Island Sound watershed, including, Federal Advisory Committee Act (5 U.S.C. (The amendment is printed in today’s as appropriate, proposed modifications to the App.) shall not apply to— RECORD under ‘‘Text of Amendments.’’) Long Island Sound Comprehensive Conserva- ‘‘(1) the Advisory Committee; or AMENDMENT NO. 4980 TO AMENDMENT NO. 4979 tion and Management Plan; ‘‘(2) any board, committee, or other group ‘‘(E) identifies priority actions for imple- established under this Act.’’. Mr. INHOFE. Mr. President, I call up mentation of the Long Island Sound Com- (2) REPORTS.—Section 9(b)(1) of the Long amendment No. 4980. prehensive Conservation and Management Island Sound Stewardship Act of 2006 (33 The PRESIDING OFFICER. The Plan for the 2-year period following the date U.S.C. 1269 note; Public Law 109–359) is clerk will report. of submission of the report; and amended in the matter preceding subpara- The senior assistant legislative clerk ‘‘(F) describes the means by which Federal graph (A) by striking ‘‘2011’’ and inserting read as follows: funding and actions will be coordinated with ‘‘2021’’. The Senator from Oklahoma [Mr. INHOFE] the actions of the Long Island Sound States (3) AUTHORIZATION.—Section 11 of the Long proposes an amendment numbered 4980 to and other entities. Island Sound Stewardship Act of 2006 (33 amendment No. 4979. ‘‘(2) PUBLIC AVAILABILITY.—The Adminis- U.S.C. 1269 note; Public Law 109–359) is trator shall make the report described in amended— Mr. INHOFE. I ask unanimous con- paragraph (1) available to the public, includ- (A) by striking subsection (a); sent that the reading of the amend- ing on the Internet. (B) by redesignating subsections (b) ment be dispensed with. ‘‘(g) ANNUAL BUDGET PLAN.—The President through (d) as subsections (a) through (c), re- The PRESIDING OFFICER. Without shall submit, together with the annual budg- spectively; and objection, it is so ordered. et of the United States Government sub- (C) in subsection (a) (as so redesignated), The amendment is as follows: mitted under section 1105(a) of title 31, by striking ‘‘under this section each’’ and in- United States Code, information regarding serting ‘‘to carry out this Act for a’’. (Purpose: To make a technical correction) each Federal department and agency in- (4) EFFECTIVE DATE.—The amendments Strike section 6002 and insert the fol- volved in the protection and restoration of made by this subsection take effect on Octo- lowing: the Long Island Sound watershed, includ- ber 1, 2011. SEC. 6002. AUTHORIZATION OF PROJECT MODI- ing— SEC. 7632. REAUTHORIZATION. FICATIONS RECOMMENDED BY THE ‘‘(1) an interagency crosscut budget that (a) IN GENERAL.—There are authorized to SECRETARY. displays for each department and agency— be appropriated to the Administrator such The following project modifications for ‘‘(A) the amount obligated during the pre- sums as are necessary for each of fiscal years water resources development and conserva- ceding fiscal year for protection and restora- 2017 through 2021 for the implementation of— tion and other purposes are authorized to be

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A. State B. Name C. Date of Director’s Report D. Updated Authorization Project Costs

1. KS, MO Turkey Creek Basin November 4, 2015 Estimated Federal: $97,067,750 Estimated Non-Federal: $55,465,250 Total: $152,533,000

2. MO Blue River Basin November 6, 2015 Estimated Federal: $34,860,000 Estimated Non-Federal: $11,620,000 Total: $46,480,000

3. FL Picayune Strand March 9, 2016 Estimated Federal: $308,983,000 Estimated Non-Federal: $308,983,000 Total: $617,967,000

4. KY Ohio River Shoreline March 11, 2016 Estimated Federal: $20,309,900 Estimated Non-Federal: $10,936,100 Total: $31,246,000

5. TX Houston Ship Channel May 13, 2016 Estimated Federal: $381,032,000 Estimated Non-Federal: $127,178,000 Total: $508,210,000

6. AZ Rio de Flag, Flagstaff June 22, 2016 Estimated Federal: $65,514,650 Estimated Non-Federal: $35,322,350 Total: $100,837,000

7. MO Swope Park Industrial Area, April 21, 2016 Estimated Federal: $20,205,250 Blue River Estimated Non-Federal: $10,879,750 Total: $31,085,000

The PRESIDING OFFICER. The Sen- for me on a lot of these infrastructure bill, and then we are not. Everybody ator from Oklahoma. issues. It does shock a lot of people be- acted in good faith—Senator REID, Sen- Mr. INHOFE. Mr. President, I ask cause they know that the most con- ator MCCONNELL, Senator INHOFE and I, unanimous consent I be recognized for servative, the most progressive—how and Senators from Michigan and Sen- as much time as I shall consume. could they ever get along? What I tell ators from all over the country. The PRESIDING OFFICER. Is there people is that we respect each other’s As I wind down my days here, I am so objection? points of view. When we can’t agree, we honored to have this opportunity to Without objection, it is so ordered. don’t get personal about it; we accept once again work with my dear friend, Mr. INHOFE. Mr. President, first of each other’s opinion. Where we can and what a pleasure it is. People don’t all, let me say something about this. I work together, we find the sweet spot, get it. They don’t get the fact that we would ask if Senator BOXER would like and we have done it several times. actually can set aside our differences, to be heard before I make some re- In terms of water infrastructure, I which are great, and come together. I marks on this or if we can have a col- want to say that the people in this know he is going to be—regardless of loquy, in which case I would ask a country have a right to have clean what happens in the election, I think question. We have done some good water. They have to have ports that the Senator is going to be I think the things in our committee, and we have work and the dredging is kept up with. chairman of Armed Services. Is that two different people who don’t think They have to have ecosystem restora- correct? Maybe—or maybe ranking. alike on a lot of issues. However, we tion where our marshlands are—we are Mr. INHOFE. A lot of things have not both agree that infrastructure is im- losing them, and they are flood con- transpired yet. portant. We got through a highway bill trolled. And many, many Corps of En- Mrs. BOXER. We don’t know where that many people said couldn’t be gineers reports that have been done— he is going to land. What I want to say done. It hadn’t been done since 1998, we don’t want them to sit around be- is that wherever he does land, it is and we were able to do that signifi- cause, as my dear friend knows, if we going to be a fortunate thing for the cantly. We got through the chemical don’t pass WRDA, there is no authority Democrat who is his partner. bill, about which a lot of people said for the Corps to move forward. Working with Senator INHOFE has ‘‘No, that is not going to be done,’’ and We have these projects all over. So been so amazing and so productive, and yet we did. this bill is about saving lives from this bill is a great symbol of the work I look at this, and we have many floods, saving lives from lead in water. things right now that should go into a we have done together. I am so It is about major economic benefits to thrilled. I hope that our colleagues will WRDA bill. Initially, the Water Re- our Nation. work with us because we want to help sources Development Act was going to I would say, with my friend’s support everybody, but we also want to make be coming up every 2 years. We went and my support back to him, we cre- through a period of time when that ated this WIFIA program that we based sure there are no poison pills and no wasn’t the case. Both the minority and on the TIFIA program—transportation crazy amendments that set us back. We the majority of our committee, the En- infrastructure financing. Now we have will work together on that in good vironment and Public Works Com- water infrastructure financing. What faith. mittee, have agreed that we should get this does is allow communities to le- WATER RESOURCES DEVELOPMENT ACT back to that 2-year cycle. That is what verage the funds that they have, get a Mr. President, I rise today to speak we are doing today. very low-interest loan, and move for- in support of S. 2848, the Water Re- I would ask Senator BOXER: Do you ward and make sure that they mod- sources Development Act of 2016— agree that we have done a pretty good ernize their water systems. WRDA—a bill that will repair our job on some of these and we need to I am so pleased that we were able to aging infrastructure, grow the econ- keep going? have this agreement. This is another omy, and create jobs. This legislation Mrs. BOXER. If I might respond to one of our usual ‘‘Perils of Pauline’’ is the latest in a long list of bipartisan my friend through the Chair, he speaks where we think we are going to the infrastructure bills produced by the

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.017 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5358 CONGRESSIONAL RECORD — SENATE September 7, 2016 Environment and Public Works Com- prioritization for donor and energy follow suit, so that we can send this mittee. In April, this bill passed out of transfer ports and emerging harbors, bill to the President’s desk. the EPW Committee with over- allowing additional ports to qualify for With that, I yield the floor back to whelming support—19 to 1. We have a these funds, and making clear that the my friend. I thank him for yielding to long track record of passing these in- Corps can maintain harbors of refuge. me. I look forward to rolling up our frastructure bills into law, and I am Our ports and waterways—which are sleeves and getting this done. confident we can do it again with essential to the U.S. economy—moved Mr. INHOFE. Let me thank the Sen- WRDA 2016. 2.3 billion tons of goods in 2014. ator from California. Let’s continue This bill is desperately needed. As I In addition to providing major eco- this productivity. We have a chance to have often said in recent months, the nomic benefits, this legislation will do it now on this very significant bill. drinking water crisis in Flint, MI, puts save lives. Storms and floods in recent We had a conversation with the leader- a spotlight on our Nation’s infrastruc- years have resulted in the loss of life, ship, and I think she and I and the ture challenges. The American Society caused billions of dollars of damage, leadership agree that we can have some of Civil Engineers rates the Nation’s and wiped out entire communities. limitations on amendments. I have infrastructure a D-plus—hardly a grade This bill will help rebuild critical levee been over here asking for our Members to be proud of. systems around the country, including to bring amendments several times WRDA 2016 responds to our nation’s levees to protect the capital of my now. Actually, we started this about 3 infrastructure crisis. It allows addi- State and surrounding communities. weeks ago. I don’t have them in my tional investment to strengthen levees, WRDA also establishes a new program hands yet. I would suggest since we dams, and navigation channels. It also at FEMA to fund the repair of high have this tentative agreement that all addresses lead contamination in Flint hazard dams that present a public safe- amendments would go through the and similar cities across the country ty threat. These hazardous dams are managers—that is, through Senator that are dealing with aging lead pipes, threatening numerous communities BOXER and me—that we go ahead and such as Jackson, MS, Sebring, OH, and across the Nation. say they have to be germane, and if Durham, NC. This bill authorizes and updates pro- they are not in by noon on Friday, no The American people have a right to grams to advance the restoration of more amendments could come in. expect safe, clean water when they some of the nation’s most iconic eco- It seems as though we always have to turn on their faucets, and sadly, mil- systems, such as Lake Tahoe, the have deadlines around here to get lions of homes across America still re- Great Lakes, Long Island Sound, the things done. I will be proposing that ceive their water from crumbling pipes Delaware River, Chesapeake Bay, and after I make a few remarks, and I containing toxins such as lead. The Puget Sound. It will also help to revi- think our Members can depend on that American Water Works Association es- talize the Los Angeles River, restore being a condition. timates that as many as 22 million peo- wetlands in San Francisco Bay, and Does that sound reasonable to the ple live in homes that receive water provide critical habitat and improve Senator? from lead service lines. air quality near the Salton Sea in Cali- Mrs. BOXER. It sounds very fair to This bill begins the much-needed fornia. me actually. work to ensure safe, reliable drinking WRDA also responds to the serious Mr. INHOFE. That’s good. water for all Americans. It provides challenges many of our communities Let’s talk a little bit about this be- $100 million in State Revolving Fund are facing from ongoing drought. It ex- cause yesterday I talked about what is loans and grants for communities with pands opportunities for local commu- going to happen if we don’t pass a a declared drinking water emergency. nities to work with the Corps to im- WRDA bill. Keep in mind that we have It also provides more than $700 million prove operation of dams and reservoirs gone sometimes as long as 7 or 8 years in loans under the Water Infrastruc- to increase water supplies and better without passing one. We are supposed ture Finance and Innovation Act, or conserve existing water resources. to do it every 2 years, and I think this The bill also builds on legislation I WIFIA, for projects to replace crum- could be the time that it will become a introduced called the Water in the 21st bling infrastructure. The WRDA bill reality. Century Act, or W21, to provide essen- I will repeat what I said yesterday: helps those communities dealing with tial support for development of innova- What will happen if we don’t have a the horrible effects of lead poisoning tive water technologies, such as desali- bill? I think every Member, Democrat by investing in public health programs nation and water recycling. The bill al- and Republican, will be affected by this to help families deal with the impacts. lows States to provide additional in- The bill also changes the law to require centives for the use of innovative tech- and will be concerned if we don’t get that communities are quickly notified nologies through the State Revolving this legislation passed. First of all, if high lead levels are found in their Fund programs, establishes a new inno- there are 29 navigation flood control drinking water to help prevent the mis- vative water technology grant pro- and environmental restoration projects takes made in Flint from being re- gram, and reauthorizes successful ex- that will not happen unless we pass peated. This bill is a comprehensive re- isting programs, such as the Water De- this bill. There will be no new Corps re- sponse to the national infrastructure salination Act. forms that will let local sponsors im- crisis that was brought to light by the WRDA 2016 will invest in our Na- prove infrastructure at their own ex- disaster in Flint. tion’s water infrastructure, create jobs pense. I will talk a little bit about that This WRDA bill will also provide in the construction industry, protect because it is not very often that we many other important benefits to the our people from flooding, enable com- have a bill where we have to encourage American people, local businesses, and merce to move through our ports, en- people to let other people pay for what the Nation’s economy through the crit- courage innovative financing, and the government would normally be ical programs of the U.S. Army Corps begin the hard work of preparing for paying for. We have come to an agree- of Engineers. For example, the bill au- and responding to extreme weather. ment in this bill, which is a good thing, thorizes over $12 billion for 29 Chief’s WRDA 2016 is a truly bipartisan bill and it is a good provision. Reports in 18 States. These projects ad- that benefits every region of this coun- If we don’t pass the bill, there is not dress critical needs for navigation, try. going to be any FEMA assistance to flood risk management, coastal storm Let me close by thanking my EPW the States that need to rehabilitate the damage reduction, and ecosystem res- chairman, Senator INHOFE, for his work unsafe dams. toration. on this bill. While we do not always If we don’t pass the bill, there will be The bill authorizes important agree on every issue, I am glad we were no reforms to help communities ad- projects to maintain vital navigation able to come together on this vital leg- dress clean and safe drinking water in- routes for commerce and the move- islation to pass it out of our committee frastructures. I come from a State ment of goods, and builds on the re- with an overwhelmingly bipartisan where we have a lot of small rural com- forms to the Harbor Maintenance Trust vote. munities, which don’t have an abun- Fund, HMTF, in the 2014 WRDA bill. I urge the Senate to quickly pass this dance of resources. Back when I was These include permanently extending critical legislation, and the House to mayor of Tulsa, the biggest enemy I

VerDate Sep 11 2014 06:06 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.018 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5359 had was unfunded mandates. The Fed- Corps to get Federal appropriations were built a long time ago, and some eral Government would come along and and issue Federal contracts before have recently failed. say ‘‘You have to do this,’’ and yet we locks, dams, and ports can be main- This chart shows the Iowa River had to figure out a way to pay for it. tained. Even when a lock gate is lit- levee breach. This is a levee in Iowa That is what we are trying to get away erally falling off, under current law, that was overtopped and eventually from, and this bill helps us do that. they are not allowed to use their own breached by disastrous floodwaters. In If we don’t pass the bill, there will money to help out. many cases levees like this were con- not be new assistance for innovative The Corps maintenance budget is structed by the Army Corps of Engi- approaches to clean water and drinking stretched thin so WRDA 2016 comes up neers decades ago and no longer meet water needs, and there will be no pro- with a solution, and this is a logical so- the Corps post-Katrina engineering de- tection for the coal utilities from run- lution. In WRDA, the bill that we are sign guidelines. Also, FEMA has de- away coal-ash lawsuits. We have spe- going to consider and will hopefully cided that many of these levees don’t cifically addressed that. pass, we let local sponsors, such as meet FEMA flood insurance standards. I have to admit that there are a lot ports, either give money to the Corps Even though they own the levees, a of things we worked out in this bill to carry out maintenance or do their levee district needs permission from that Democrats like and the Repub- own maintenance using their own dol- the Corps to upgrade a levee to meet licans don’t like and Republicans don’t lars. This is an opportunity. These are FEMA standards. Several Members of like and Democrats like, but that is not taxpayer dollars, but the need is so this body have told me that their local how we got things done. Sooner or critical that there are people out there levee districts are caught up in a bu- later there is an outcry out there for us willing to do this, and we will be able reaucratic nightmare when they try to to get things done, and this is certainly to do that with the passage of this bill. get that permission from the Corps. a good way to encourage these people We also have to modernize our ports. Well, you shouldn’t have to do that. to understand that there is hope in We have to invest in our Nation’s ports Everyone benefits from this. We are what we are doing. now so that American ports can handle streamlining the process to allow levee I have some charts, and the first one larger post-Panamax vessels. The new districts to improve their own levees I want to show is the map of the inland vessels that are coming through the by using their own money to do it in waterway system. There are 40 States Panama Canal now are vessels that re- WRDA 2016. This is nontaxpayer that are directly served by ports and quire a greater depth. Here is a com- money, and I don’t know who could op- waterways maintained by the Corps of parison. The top is the post-Panamax, pose this effort. Engineers. This system handles over 2.3 and the bottom is what we are using There is also an issue with how the billion tons of freight each year, and today. You can get an idea of the num- Corps rebuilds levees that have been this commerce is critical to the United ber of containers that they can trans- damaged by flood. Right now the Corps States. port. will rebuild only to the preexisting This picture shows the current I invite everyone to look at this level protection, which may be inad- Panamax vessel on the bottom and the chart. This is Tulsa, OK. Everyone equate and may not meet FEMA stand- new post-Panamax vessel on top. As knows where Oklahoma is. It is kind of ards. Einstein defined insanity as doing you can see, the post-Panamax vessel in the middle of the United States. the same thing over and over again and can handle double the cargo of their How many people in America know expecting to have different results. To predecessor. This increase in cargo vol- that we are navigable in Tulsa, OK? We stop this insanity of wasting Federal ume means cheaper shipping costs, have a navigation way that goes all the dollars by rebuilding the same inad- which translates into cheaper costs for way up. We are fighting to keep the equate levee over and over again, consumers, but in order to achieve navigation way strong, and that is WRDA 2016 allows local levee districts this, we have to deepen our Nation’s what this bill is all about. If you look to increase the level of flood protection strategic ports to accommodate it. at all of the things that are being serv- at their expense when the Corps is re- WRDA 2016, the bill we are talking iced here—that is what this bill is all building a levee after a flood. No one about now, has a number of provisions about. That is how far-reaching it is. can argue with that one. We have to keep our water transpor- that will ensure that we grow the econ- tation system operational. For exam- omy, increase our competitiveness in Let’s talk about dams. According to ple, the senior vice president of Mara- the global marketplace, and promote the Corps National Inventory of Dams, thon Petroleum Corporation told the long-term prosperity. These provisions there are 14,726 high hazard potential Environmental Protection Committee, include important harbor deepening dams in the United States. A high haz- my committee, that they have a num- projects for Charleston, SC, Port Ever- ard potential dam is defined as a dam ber of situations up and down the Ohio glades, FL, Brownsville, TX, and that will result in the loss of lives. If River where lock gates have failed to throughout America. you look at this, this is a dam that function and Marathon’s barges were This chart shows the Charleston Har- broke. When that happens downstream, stopped for 50 or 60 days at the cost of bor. It is authorized to be deepened you know people are going to die. This millions and millions of dollars. He under this bill. Right now it is 45 feet is an area where we can’t imagine that told us there was one lock where the deep. In order to use the Panamax to anyone would object to it. gate literally fell off and took months come into that particular port, it has This is a picture of a dam in Iowa to repair. to be closer to 51 feet instead of 45 feet. that failed in June of 2010 after the The second chart we have is the Ohio What happens if that doesn’t happen? If area received 10 inches of rain. We can lock repairs. This could be anywhere, it doesn’t happen, they have to go to avoid disasters like this by making the but this is what it looks like when you someplace in the Caribbean where they necessary investments in our water re- get down there. When we have lock offload the large vessel and divide it up sources infrastructure. By not passing problems in my State of Oklahoma, I into small vessels, which dramatically WRDA, we leave communities like this go out there and get down there with increases the costs. Anyone who is con- one, and many others throughout the them and look to see what we can do. cerned about low costs has to keep in country, vulnerable to catastrophic But that is fairly recent in Oklahoma. mind that this is a major opportunity events. WRDA 2016 helps avoid disas- Look at the Ohio River. I can’t tell not just for Charleston Harbor, but for ters like this by providing two new you how old it is, but you can see the harbors throughout the United States. dam safety programs. repairs that need to take place. This Let’s talk about flood control. Let’s Keep in mind, we are talking about problem is not exclusive to the Ohio start with the levees. The Corps built 14,000 high hazard potential dams—life- River. It exists in most major locks 14,700 miles of levees that protect bil- threatening dams—right now. One is throughout the inland waterway. These lions of dollars of infrastructure and operated by FEMA to support State projects are experiencing a slow creep homes. We have some of these levees in dam programs, and one is operated by of Federal inaction. my hometown of Tulsa, OK. The Corps the Bureau of Indian Affairs to support Under the current law, a local spon- projects prevent nearly $50 billion a tribes. Those are the two efforts that sor, such as a port, has to wait for the year in damages. Many of these levees we are making.

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.056 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5360 CONGRESSIONAL RECORD — SENATE September 7, 2016 Let’s talk about the EPA clean water ment officials try to take control of cols not only at the State Department and drinking water mandates. Commu- their water and sewer system. The but in the U.S. Government. nities around the country are trying to WRDA bill also requires the EPA to up- In early July FBI Director Comey an- keep up with more and more of the date its affordability guidance, so when nounced findings from the Bureau’s in- Federal mandates coming from the EPA imposes costly sewer upgrades on vestigation into her server that con- EPA. I had to deal with this when I was a community, EPA will have to con- firmed what many people knew all the mayor of Tulsa. It was the un- sider the real impacts on real house- along; that is, that Secretary Clinton funded mandates that were the great- holds, including low-income house- simply misled the American people est problems that we had, and one of holds. about it from day one. She didn’t tell the goals I had in coming to Congress Finally, we talk about coal ash. That the truth, and she tried to cover it up. was to stop the mandates. We thought has been very controversial for a long Contrary to her previous statements we had done that at one time. This is time. WRDA includes compromise leg- from her and her staff, Secretary Clin- going to be a great help. Even though islation that we negotiated and consid- ton did send and receive classified in- our water is much cleaner and our ered with Senator BOXER and others on formation on her private email server, drinking water is much safer than it the EPW Committee to authorize State including some at the very highest lev- was 30 or 40 years ago, back when I was permit programs to manage fly ash els of classification. We learned that, mayor of Tulsa, the EPA keeps adding from coal-fired powerplants. contrary to her representations, her more and more regulations, and these Coal ash is a critical ingredient in server did not provide adequate secu- new mandates drive up our water and making concrete for roads and bridges. rity, leaving sensitive information vul- sewer bills to the point that they be- It is more durable, it is less expensive nerable to our Nation’s enemies. We come unaffordable to many families. than the alternatives, and many States also learned that neither she nor her Under the threat of EPA penalties, actually require coal ash to be used in lawyers really actually reviewed the communities can be forced to choose their highway projects. When EPA’s emails to determine whether they were between meeting new, unfunded Fed- coal ash rule went into effect last Octo- work-related and needed to be turned eral mandates or keeping up with basic ber, it created huge uncertainty for over to the State Department and the maintenance repair and replacement both the disposal and the beneficial use Federal courts under our freedom of in- activities that keep our drinking water of coal ash because, unlike other envi- formation laws. And we learned that and wastewater operational. ronmental regulations, the EPA rule is she didn’t give the authorities full ac- Our seventh chart here is the Phila- enforced through citizen lawsuits. This cess to all of her work-related emails. delphia main break that took place. If is something we have to stop. This bill In fact, Director Comey said the FBI we don’t maintain our infrastructure, fixes that by giving States the author- discovered thousands of emails that it will fail just as this water main did ity to issue State coal ash permits that she simply had not produced even in Philadelphia. If we don’t replace our will provide protection from citizen though she was required to do so. infrastructure, aging sewer pipes will suits. All of this may seem like old news, leak and result in sewer overflows. At- There is a tremendous amount in this but the fact is, it is simply unaccept- lanta, Omaha, Baltimore, Cincinnati, bill that is important to every State in able. I am glad the FBI released much Houston, and communities all around our country. I can’t imagine that we of its investigation on Friday, but, as the country are facing these problems. are not going to be able to get this was observed by a number of people, This chart shows the tunnel-boring passed. Our goal—and this is a goal of this was sort of a typical Washington machine for DC’s $2.6 billion sewer. Democrats and Republicans, the major- news dump—get it out on Friday and You can see what is involved in this ity and the minority—is to get this hope that by Monday morning, people project. These sewer projects are huge done and get it done in this work pe- have moved on to other things or for- and very costly. For example, there is riod, and I think we can get it done by gotten about it. a picture of a tunnel that is being built next week. But these regular scandals that seem here in DC as part of a $2.6 billion We are to the point now where I want to be associated with the Clintons— project to address sewer overflows. The to repeat that we have the opportunity while they addressed the emails, they WRDA bill, S. 2848, addresses these to do what we are supposed to be doing obviously evidenced contempt for our issues in two ways. It targets Federal in managing our infrastructure. This is freedom of information laws and the assistance and tools that empower something we have an opportunity to kind of transparency that President local governments. do now and do well. Again, one of the Obama touted when he became Presi- As far as Federal assistance, our 2016 requirements is—and the leadership dent and spoke about on the day of his WRDA bill provides $70 million to cap- has agreed to this, as have the man- inauguration on January 20, 2009—most italize WIFIA. You heard the Senator agers, Senator BOXER and myself—that of the American people have come to from California, Mrs. BOXER, talk we are going to have to get all of the believe they simply can’t trust Sec- about how we used TIFIA in our high- amendments in from anybody who retary Clinton. According to a recent way bill. We are using WIFIA in the wants them by noon on Friday. Noth- CNN poll, about 70 percent said that same way. The $70 million of Federal ing will be considered after that, nor she isn’t honest and trustworthy—al- funds can provide up to $4.2 billion in will anything be considered that is not most 70 percent, which is an astound- secured loans. It is something that germane. We are going to be passing ingly high number. But I really can’t worked in the highway bill, and it will judgment on these amendments as they blame folks. In fact, Secretary Clinton work in this one. Those loans have got- come in, but bring them in because has no one else to blame but herself. ten a match by another $4.4 billion, so after noon on Friday, it will be too Unfortunately, Director Comey’s an- there is $70 million in Federal invest- late. nouncement back in the July wasn’t ment that will result in some $8.6 bil- Anyway, we have this opportunity on the end of the story, though, because lion in infrastructure. That is in this the floor to get this done, and I think last month even more emails came to bill. this will be one of the last really great light that revealed the line blurred be- This funding is fully offset by reduc- accomplishments we will be able to do tween the Clinton Foundation and the tions in DOE’s Advanced Technology in this legislation session. State Department under Secretary Vehicles Manufacturing Program. I With that, I yield the floor. Clinton. Many of the new emails were might add that the Senator from The PRESIDING OFFICER. The Sen- between top Clinton aides and an exec- Michigan has assured me that they are ator from Texas. utive at the Clinton Foundation re- very supportive of this, in spite of the CLINTON FOUNDATION questing favors of Secretary Clinton in fact that that is where a lot of the Mr. CORNYN. Mr. President, this her official capacity. There is a lot of manufacturing of our vehicles takes summer the American people have information out there, but I have just place. heard a lot about Secretary Clinton highlighted about three of the items While the Federal assistance in this and how she went to great lengths to here. bill is targeted, all communities need set up a private email server in viola- One exchange requests a meeting be- tools to fight back when EPA enforce- tion of Federal law and accepted proto- tween Secretary Clinton and the Crown

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.057 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5361 Prince of Bahrain. According to the cerns was a very lawyerly-like memo- don’t apply to her, and it is no wonder emails, after the Clinton Foundation randum of understanding between the the American people have come to dis- staffer intervened, a meeting was Clinton Foundation and the Obama ad- trust her and believe that she is simply quickly put together. The Washington ministration. In fact, I believe this is a incapable in many instances of telling Post has noted that the Crown Prince precondition to Secretary Clinton get- the truth. spent upwards of $32 million on an edu- ting the nomination from President I hope the American people keep ask- cation program connected with—you Obama, because he didn’t want the con- ing questions of Secretary Clinton and guessed it—the Clinton Foundation. flicts of interest that he knew could her foundation, and I hope soon that we Another is from a person whom we arise as a result of the foundation’s ac- all get some answers. The American will identify as just a sports executive tivities to impugn the integrity of the people deserve complete unobstructed trying to get an expedited visa for a Obama administration. transparency into this matter, and it is British soccer player. He donated be- This memorandum of understanding clear they won’t get that from Sec- tween $5 million and $10 million to the assured the President and the Amer- retary Clinton herself. Clinton Foundation. ican people that the foundation would Regarding the vote to confirm Sec- Several other requests were for last- follow certain transparency measures retary Clinton, it did occur. In reliance minute meetings and other favors, in- to make sure that Secretary Clinton upon her assurances of transparency cluding one business executive who ap- conducted American diplomacy with and to maintain the independence of parently got quick access to Secretary the utmost integrity. In doing so, the her office of Secretary of State from Clinton. He donated between $5 million foundation agreed it would make pub- the activities of the foundation, I, and $10 million to the Clinton Founda- lic the names of all donors, including among many others of my colleagues, tion. new ones. voted to confirm Secretary Clinton as So what do all of these examples What was the result? In the ensuing Secretary of State, but my belief today have in common? Obviously they are years, Secretary Clinton and her fam- is that she simply did not keep up her asking for help through Secretary Clin- ily foundation made a habit of regu- end of the bargain. Thus, if that vote ton’s direct line at the State Depart- larly crossing the lines that were were held today, I could not and would ment and they gave millions of dollars drawn in that memorandum of under- not vote to confirm her as Secretary of to the foundation. These obviously standing and with her verbal arrange- State. were big-time donors. ments and understanding with me. f Let me add that I don’t know a lot Even though the foundation agreed to about the details involving these dona- disclose all foreign donations—this is MORNING BUSINESS tions because the Clinton Foundation from foreign countries to a family Mr. CORNYN. Mr. President, I ask doesn’t provide the date and exact foundation run, in part, by the Sec- unanimous consent that the Senate be amount but just ranges. retary of State of the U.S. Govern- in a period of morning business, with Here is the point: Secretary Clinton ment. So even though they agreed to Senators permitted to speak therein and her team were quick to prioritize disclose all foreign contributions, they for up to 10 minutes each. these big donors and respond to them didn’t, and even though some foreign The PRESIDING OFFICER. Without quickly and even, if possible, follow donations were supposed to be sub- objection, it is so ordered. through with whatever request was mitted for review to the State Depart- The Senator from Rhode Island. made of them. It is clear that major ment, they weren’t. Mr. WHITEHOUSE. Mr. President, I Clinton Foundation donors enjoyed According to reports, at least one or- ask unanimous consent to speak for up great access to Secretary Clinton while ganization within the foundation failed to 15 minutes. she was serving as our Nation’s pre- to annually disclose its list of donors, The PRESIDING OFFICER. Without mier diplomat. The Clinton Foundation and today the American people still objection, it is so ordered. interfered with official day-to-day lack basic information about many of f work at the State Department when the donations, like the exact amounts CLIMATE CHANGE the Secretary and her staff should have that were donated to the foundation, as been focused on keeping Americans I already mentioned. Mr. WHITEHOUSE. Mr. President, as safe and making sound foreign policy. I don’t know anybody who feels com- the Senate reconvenes after several One of the reasons I bring this up fortable with or who can defend these weeks of work in our home States, I today is that this was an original con- obvious conflicts of interest between am back for the 145th time asking my cern of mine before Secretary Clinton the Secretary of State representing the colleagues to wake up to the pressing was even confirmed as Secretary of United States and her family founda- reality of climate change. We are sleep- State. After President Obama’s elec- tion soliciting and receiving multi- walking through this moment, will- tion in 2009, during the Senate con- million-dollar donations from heads of fully ignoring the warning signs of an firmation process, I objected to fast- state of foreign countries, not to men- already altered Earth, largely because tracking a vote on her nomination be- tion other people who obviously were of a decades-long corporate campaign cause I saw the real and myriad possi- trying to get the help of Secretary of misinformation on the dangers of bilities for conflicts of interest in the Clinton in some official capacity. Sec- carbon pollution. relationship between Secretary Clinton retary Clinton was performing her job Just last week, while we were back as Secretary of State and the Clinton as Secretary of State, and at the same home, scientists at the International family foundation. I told then-Sec- time, the Clinton Foundation was Geological Congress presented the be- retary Nominee Clinton that we needed shaking down donors who at least ginning of a new geological epoch, the greater transparency and we needed thought they were buying access. I Anthropocene. Transitions between ge- more assurances as to the integrity of don’t know how to describe that in any ological epochs are marked by a sig- this whole arrangement. When I ques- other terms other than it is deplorable nal—a signal in the global geologic tioned her about it, I was assured by and it completely undercuts the integ- record, like the traces of the meteorite Secretary Clinton herself that the Clin- rity of our democratic process. that wiped out the dinosaurs at the end ton Foundation would take steps nec- This isn’t funny, as former President of the Cretaceous epoch. essary to mitigate my concerns about Clinton suggested. Lying to the Amer- What are the signals of the beginning conflicts of interest and perceived con- ican people doesn’t make you some of the Anthropocene? flicts of interest. kind of Robin Hood either, as he Humans—anthropods—have increased I would note that this was not just claimed to be. He said the only dif- carbon dioxide in the Earth’s atmos- my concern; it was a concern raised by ference between him and Robin Hood is phere from 280 parts per million before the then-chairman of the Foreign Rela- he didn’t steal from anybody. the Industrial Revolution to 400 parts tions Committee, Senator Richard Well, this whole scandal further un- per million and rising today—a pace of Lugar. It was also raised by President derscores the Clinton philosophy that increase not seen for 66 million years Obama and his White House itself. And anything goes. She clearly feels like and a level never seen before in human what was produced out of those con- the laws that apply to you and me history on this planet.

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.059 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5362 CONGRESSIONAL RECORD — SENATE September 7, 2016 We have also dumped so much plastic There being no objection, the mate- logue and differences on policy approaches as into our waterways and oceans that rial was ordered to be printed in the ‘‘climate denial.’’ We rejected them when microplastic particles can be found vir- RECORD as follows: they were made a decade ago and we reject them today. tually everywhere and are now even in- EXXON MOBIL CORPORATION, To advance the quality of analysis and dis- filtrating our food chain. We have Washington, DC, July 21, 2016. cussion of leading public policy challenges, poured so much pollution into our at- Hon. SHELDON WHITEHOUSE, we provide funding to a broad range of non- mosphere—that thin blue shell under U.S. Senate, profit organizations that engage in the de- which we currently thrive—that per- Washington, DC. velopment and consideration of options to DEAR SENATOR WHITEHOUSE: I am writing manent layers of particulates, such as address them responsibly and effectively. in response to comments you recently made Often these organizations support free mar- black carbon from burning fossil fuels, on the Senate floor about ExxonMobil and are left in sediments and glacial ice. ket solutions and expanded economic our position on climate change and felt it growth. We consider our support for such or- The signals we are leaving are many, important to better inform you of our posi- ganizations from year to year to assess their and they are clear. tion. ExxonMobil shares the same concerns continuing contribution to the public discus- Dr. Paul Crutzen, the Nobel Prize- as people everywhere—how to provide the sion of social, environmental, and economic winning chemist who coined the term world with the energy it needs to support issues. As you know, several years ago, we economic growth and improve living stand- ‘‘Anthropocene’’ remarked back in discontinued funding several non-profit orga- ards, while reducing greenhouse gas (GHG) nizations when we determined that our sup- 2011: ‘‘This name change stresses the emissions. It is a dual challenge. Techno- enormity of humanity’s responsibility port for them was unfortunately becoming a logical advancements in the ways in which distraction from the important public dis- as stewards of the Earth.’’ His words we produce, deliver, and use energy are crit- cussion over practical efforts to mitigate the echo those of Pope Francis, who tells ical to our ability to meet this challenge. risks of climate change. ExxonMobil believes the risks of climate us this in his encyclical ‘‘Laudato Si’’: If you, or your staff, would like to discuss change are real and warrant thoughtful ac- ‘‘Humanity is called to recognize the this or any other matter, please let me know tion. and, as always, we would be pleased to meet. need for changes of lifestyle, produc- As a global issue, addressing the risks of Sincerely, tion, and consumption, in order to climate change requires broad-based, prac- THERESA FARIELLO, combat this warming or at least the tical solutions around the world. ExxonMobil Vice President, human causes which produce or aggra- believes that effective policies to address cli- Washington Office. vate it.’’ mate change should: Mr. WHITEHOUSE. It is a nice letter, Yet attempts to address climate Ensure a uniform and predictable cost of carbon across the economy; but its claims simply do not conform change are stifled in this Chamber by Be global in application; to our experience. an industry-controlled, many-tentacled Allow market prices to drive the selection In 2015, for instance, ExxonMobil re- apparatus deliberately polluting our of solutions; peatedly funneled millions to groups discourse with phony climate denial as Minimize complexity and administrative peddling climate denial. According to it pollutes our atmosphere and oceans costs; Maximize transparency; and its own publicly available ‘‘2015 World- with carbon. Polls show more than 80 Provide flexibility for future adjustments wide Giving Report,’’ ExxonMobil con- percent of Americans favor action to to react to developments in climate science tributed over $1.6 million to organiza- reduce carbon pollution. So our inac- and the economic impacts of climate poli- tions that were profiled in our floor tion signals the filthy grip these bad cies. statements, including the American actors have on this Chamber. As policymakers develop mechanisms to Legislative Exchange Council and the Before the recess, 19 colleagues came address climate change risk, they should focus on reducing the greatest amount of U.S. Chamber of Commerce. to the floor to shine a little light on emissions at the lowest cost to society. Of ExxonMobil’s letter claims that the this web of climate denial spun by the policy options being considered by gov- company’s support for a revenue-neu- those actors. All told, we delivered ernments, we believe a revenue-neutral car- tral carbon tax dates back 7 years. If 1 over 5 ⁄2 hours of remarks describing bon tax is the best—a position we first took that were so, you would think at some the activities, the backers, and the more than seven years ago. point during those 7 years Exxon ex- linkages of dozens of denier groups. We are actively working to reduce green- house gas emissions in our own operations ecutives would have expressed that A growing body of scholarship exam- and to help our customers reduce their emis- support to the authors of a carbon fee ines this climate denial apparatus, in- sions as well. That means developing tech- bill. My and Senator SCHATZ’s Amer- cluding work by Harvard’s Naomi nologies that reduce emissions, including ican Opportunity Carbon Fee Act Oreskes, Michigan State’s Aaron working to improve energy efficiency and meets all the relevant criteria men- McCright, Oklahoma State Univer- advance cogeneration. In fact, our cogenera- tioned in the letter, yet ExxonMobil sity’s Riley Dunlap, Yale’s Justin tion facilities alone enable the avoidance of has not endorsed the bill or lobbied our approximately 6 million metric tons of Farrell, and Drexel’s Robert Brulle. colleagues on its behalf or even ex- Their work reveals an intricate, inter- greenhouse gas emissions each year, and allow us to feed power back to the grid in pressed interest in meeting with either connected propaganda web that encom- certain instances. of us to discuss the White House- passes over 100 organizations, trade as- Since 2000, ExxonMobil has spent approxi- Schatz proposal and how to make it be- sociations, conservative think tanks, mately $7 billion to develop lower-emission come law. foundations, public relations firms, and energy solutions. That figure does not in- Behind ExxonMobil’s professed sup- plain old phony-baloney polluter front clude the fact that as the nation’s leading port for a carbon fee, here is what we groups. In the words of Professor producer of natural gas, ExxonMobil has con- really see: zero support from the cor- tributed substantially to the overall drop in Farrell, the apparatus is ‘‘overtly pro- poration and implacable opposition ducing and promoting skepticism and U.S. energy-related CO2 emissions over the past decade. from all ExxonMobil’s main lobbying doubt about scientific consensus on cli- We are also advancing conventional car- groups—the American Petroleum Insti- mate change.’’ bon-capture-and-storage technology while at tute, for instance, the U.S. Chamber of Well, our little floor effort got the at- the same time pursuing innovative carbon- Commerce and its array of various tention of the climate deniers. Shortly capture solutions involving carbonate fuel front groups. The actual lobbying posi- after our ‘‘web of denial’’ floor action, cells. This far-sighted research aims to re- tion of ExxonMobil is vehemently duce the cost of carbon capture to keep CO2 Senator SCHATZ and I received a letter out of the atmosphere. Advancing economic against the revenue-neutral carbon tax from ExxonMobil telling us that it be- and scalable technologies to capture carbon ExxonMobil claims to support. lieves the risks of climate change are dioxide from large emitters, such as power The letter from ExxonMobil was not real, that it no longer funds groups plants, is an important part of ExxonMobil’s the only letter in response to our July that deny the science of climate suite of research into lower-emissions solu- floor speeches. Twenty-two organiza- change, and that it supports a carbon tions to mitigate the risk of climate change. tions in the Koch-funded network with fee, like our American Opportunity And we are pioneering development of lengthy records of climate change de- Carbon Fee Act. next-generation biofuels from algae that nial also sent a letter objecting to could reduce emissions without competing Mr. President, I ask unanimous con- with food and water resources. being characterized as Koch-linked cli- sent to have printed in the RECORD a We reject long-discredited efforts to por- mate deniers. This group of organiza- copy of this letter. tray legitimate scientific inquiry and dia- tions, which purportedly is not a

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.061 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5363 group, sent their letter out on a com- That is the voice of fact, analysis, Nowhere in that document does it say the mon letterhead. Since the web of cli- and reason. We are well informed by Senate has a duty to give presidential nomi- mate change denial is designed to be so the real scientists. The scientists have nees a vote. big and sophisticated, with so many the expertise, the knowledge, and the He then went on to say: parts that the public is made to believe facts. What they don’t have is that The Senate is not a rubber stamp for the it is not a single, special-interest-fund- massive conflict of interest that re- executive branch. ed front, that may not have been their quires setting up an armada of front There is also no provision in the Con- smartest move. Interestingly, some of groups and that gives them the $100 bil- stitution requiring the Senate Judici- the groups that participated in this let- lion motivation to run this scheme. It ary Committee to hold hearings for all ter were not even mentioned in our is time to let the scientists and the judicial nominees. In fact, the Con- floor remarks. Such is the web of de- facts take their place. stitution and its provisions laying out nial. This issue has been thoroughly de- the process for confirming judicial In our reply to them, Senators REID, bated and vetted in the legitimate nominees were ratified 28 years before SCHUMER, BOXER, DURBIN, SANDERS, world. It is time now for us here in the Senate Judiciary Committee even FRANKEN, WARREN, MARKEY and I noted Congress to wake up to our duties and came into existence. Therefore, it is that they are all well supported in the at last to act. clear to me that the Senate’s action in web of climate denial, to the tune of at I yield the floor. withholding consent from this nominee least $92 million, in a network bound The PRESIDING OFFICER (Mr. is entirely consistent with our rights together by common funders, shared TILLIS). The Senator from Ohio. and responsibilities as a coequal staff, and matched messages. It is one (The remarks of Mr. PORTMAN per- branch of government under the Con- beast, though it may have many heads. taining to the introduction of S. 3292 stitution. We offered these organizations a sim- are printed in today’s RECORD under By choosing to withhold our consent ple test. If you are for real, disclose all ‘‘Statements on Introduced Bills and in this case, we are doing our job, just of your donors. There is a lot of dark Joint Resolutions.’’) as we have said all along and just as money going into these groups. So we Mr. PORTMAN. Mr. President, I sug- our jobs are laid out in the Constitu- asked: Show us that you represent gest the absence of a quorum. tion. many, many millions of Americans—as The PRESIDING OFFICER. The I would also like to address the argu- they claimed in the letter—not just clerk will call the roll. ment that the lack of hearings for a many, many millions of dollars from The senior assistant legislative clerk Supreme Court nominee this year is the Koch brothers’ fossil fuel network. proceeded to call the roll. somehow unprecedented. That is just I contend that these organizations Mr. PERDUE. Mr. President, I ask nonsense. In modern times, the oppo- are well-funded agents of hidden back- unanimous consent that the order for site is actually true. The last time a ers with a massive conflict of interest, the quorum call be rescinded. Supreme Court vacancy arose and a and that it is their job to subject our The PRESIDING OFFICER. Without nominee was confirmed in a Presi- country to an organized campaign to objection, it is so ordered. dential election year was actually in deceive and mislead us regarding the f 1932. But the last time this situation scientific consensus surrounding cli- occurred where we had a divided gov- mate change and to do so with the pur- FILLING THE SUPREME COURT VACANCY ernment and we had a Supreme Court pose to sabotage American response to Justice nominated and confirmed in the climate crisis. Mr. PERDUE. Mr. President, I rise that year was 1888. Mr. President, a lot I contend that the conflict of interest tonight after having listened to several of water has gone under the bridge of their hidden backers runs into the floor speeches today. I don’t under- since then, and both sides have taken hundreds of billions of dollars. If you stand it. Here we are again with prob- this position. use the Office of Management and lems such as the debt, the Zika virus, Furthermore, my colleagues across Budget’s social cost of carbon, one can funding our military, and yet we spent the aisle have consistently argued over calculate the annual polluter cost to the majority of the day in this body the years that the Senate should not the rest of us from their carbon pollu- talking about something I think we act on a Supreme Court nomination tion at over $200 billion per year. Think have already decided is not going to during a Presidential election year. what mischief people would be willing change this year, and that is the poten- The hypocrisy of this situation is just to get up to for $200 billion per year. tial nomination to the vacancy on the amazing to me. As an outsider to this The International Monetary Fund esti- Supreme Court. process, this is what drives my friends mates that the effective subsidy for I just think I need to do this one and people back home absolutely mad. American fossil fuels is actually even more time. I have spoken before about It was then-Senator BIDEN—our cur- higher—$700 billion per year. For that my position, and I want to rise in sup- rent Vice President—who was chair- kind of money, you can fund a lot of port of Senator GRASSLEY, the chair- man of the Judiciary Committee at the front groups. man of the Senate Judiciary Com- time, who said that President George The front group’s letter points out mittee. I think it is important that I that our Founders intended for public H.W. Bush should avoid a Supreme again discuss why I believe the Senate Court nomination until after the 1992 policies to be well informed and well should not hold hearings or schedule a debated. Well, I could not agree more. Presidential election. Then-Senator vote on any Supreme Court nominee BIDEN went further than what we are On July 31, leading national sci- until the American people have chosen entific organizations, including the doing today: He then said the President whom they want to be their next Presi- shouldn’t even nominate someone. He American Association for the Advance- dent. ment of Science, the American Mete- made the same point my colleagues I would first like to address this issue and I are making today when he said: orological Society, and the American of the Senate’s responsibility under the It is my view that if a Supreme Court jus- Geophysical Union, sent Members of Constitution with respect to judicial Congress a no-nonsense message that tice resigns tomorrow or within the next sev- matters and judicial nominees in par- eral weeks, or resigns at the end of the year, human-caused climate change is real, ticular. According to article II, section President Bush should consider following the that it poses serious risks to modern 2, the President has the power to nomi- practice of a majority of his predecessors and society, and that we need to substan- nate Supreme Court Justices—nothing not—and not—name a nominee until after tially reduce greenhouse gas emissions. new there. We in this body have the the November election is completed. Observations throughout the world make power to either consent or withhold I don’t know what else to say, Mr. it clear that climate change is occurring, our consent from this nominee. President. Both sides have made this and rigorous scientific research concludes The minority leader himself said at same argument we are making today in that the greenhouse gases emitted by human activities are the primary driver. This con- that time when referring to the Sen- the past. clusion is based on multiple independent ate’s constitutional responsibility to Finally, I believe the decision to not lines of evidence and the vast body of peer- confirm President George W. Bush’s ju- hold hearings for a Supreme Court reviewed science. dicial nominee: nominee this year is a wise course of

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.062 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5364 CONGRESSIONAL RECORD — SENATE September 7, 2016 action in the midst of a Presidential er of the fact that in the next 10 years, have risen for individuals with an aver- election. As I have said all along, this unless we do something, this President age income of more than 60 percent is not the time we want to interject has a budget that will add $10 trillion than when ObamaCare became law. into this political process the decision more to our current debt. Premiums are up 26 percent. to make a lifetime appointment to the ObamaCare did nothing at all to deal Deductibles are up over 60 percent. Supreme Court—a decision that may with the number of doctors in this There is no way around it. ObamaCare tip the balance of this particular country. It inserted government be- is a Washington takeover of our health Court. tween patients and their doctors and care system that isn’t working for av- Then-Senator BIDEN also said, when created a shortage of doctors. Right erage Americans. discussing the potential of holding Su- now we are averaging around 10,000—we When they were talking about this preme Court confirmation hearings are losing about 10,000 doctors a year back in the day, my comment all along against the backdrop of election-year under ObamaCare. In fact, projections was: How do you feel about politics: are that a doctor shortage in just the ObamaCare? I said: Well, if you like A process that is already in doubt in the next 10 years could top 90,000 doctors. the way the VA is being run, you are minds of many will become distrusted by all. That is staggering. going to love ObamaCare. Those words Senate consideration of a nominee under ObamaCare raises taxes, increases are coming true today. It is collapsing these circumstances is not fair to the Presi- premiums, and it chokes out our under its own weight. It is failing the dent, to the nominee, or to the Senate itself. choices. Not only that, but deductibles very people whom the other side claims I agree with then-Senator BIDEN that are up dramatically. My home State of to champion—the working poor and the the confirmation of a lifetime ap- Georgia is feeling the weight of this working middle class of our country pointee to our Nation’s highest Court failure. UnitedHealthcare and Cigna who are bearing the burden of this non- is far too important to become entan- are leaving the ObamaCare exchange at sense. gled in the partisan wrangling during a the end of the year. Last month, Aetna Monopolies are festering and prices Presidential election year. announced it was joining them. have skyrocketed. As I said, As a member of the Judiciary Com- At the start of this year—this is an ObamaCare is yet another example of mittee, I am, therefore, proud to stand astounding number—all 159 counties in liberal policies failing the very people with Chairman GRASSLEY and my col- Georgia had at least 2 carriers to de- they claim to champion. The diagnosis leagues in the committee in saying no pend on. Now, after 9 months, 96 of the is in. None of these problems are going Supreme Court nominee should be con- 159 counties in Georgia have only 1 op- away. That is our problem. In fact, sidered by the Senate before the next tion. I repeat: 96 of the 159 counties they are getting worse. ObamaCare President is sworn into office. I also be- have only 1 option. cannot be allowed to stand. lieve that it shouldn’t be taken up in a Georgians are being robbed of health This is not a question of tweaking it lameduck session. You can’t have it care choices. They are also facing even around the edges. It is profoundly built both ways, Mr. President. higher premium and deductible costs. incorrectly. We have to repeal the indi- f Premiums have risen in Georgia by an vidual and poor mandates and pass an average of 33 percent. Every provider alternative that goes after real drivers OBAMACARE left in Georgia is raising premiums by of spiraling health care costs. Instead, Mr. PERDUE. Mr. President, I have double digits next year. I will highlight we should offer transportability, insur- one other topic I would like to cover, if a couple of them: Blue Cross Blue ability, and accessibility—all the I may, and that is about the other con- Shield, 21 percent; Alliant, 21 percent; things that were missing prior to versation we hear about from back Ambetter, 13.7 percent; Kaiser, 18 per- ObamaCare but have been proposed home, and that is ObamaCare. cent; Harken Health, 51 percent; fixes that have been in for over 10 years We just spent several weeks back Humana, 67 percent. on the Republican side. home in the State working, and I per- In 2009, President Obama railed Accessibility is one of the main sonally spent the last 3 weeks touring against fewer choices. While selling things to those who want to purchase our State, from Hahira to Hiawassee, ObamaCare, he said: ‘‘In 34 States, 75 coverage without mandating it. This and I can tell you that I get one ques- percent of the insurance market is con- would ensure that no one is priced out tion out of every group to which I trolled by five or fewer companies . . . of the market, including those with speak, and that is this: What can be and without competition, the price of preexisting conditions. We should offer done about ObamaCare? My premiums insurance goes up and quality goes more access to health savings accounts are going up. My insurance was can- down.’’ to help drive down costs and allow for celed. It said that I could keep my doc- Gee, it sounds like he knew what was the purchase of insurance across State tor if I wanted to. It said I could keep coming, except he was complaining lines to increase competition. my insurance company if I wanted to. about that at the time, and today it Finally, we have to address the frivo- Yet I lost my doctor and I am losing has gotten worse. That is exactly what lous lawsuits that have forced some my insurance. is happening in Georgia because of doctors to practice defensive medicine I really believe this is a critical issue ObamaCare. These are problems that out of fear of being sued. All these we need to talk about. Americans have are not limited to just Georgia. Aetna steps are within our grasp. So don’t be- never settled for failure. Yet right now is leaving 10 other States as we speak. lieve those who say there isn’t an people are saying that we need to ac- Today, 31 percent of all counties na- ObamaCare alternative out there. My cept ObamaCare, that it is the law. Yet tionwide, comprising almost 21⁄2 mil- friend and Georgia representative, TOM I am saying it is collapsing under its lion Americans enrolled in ObamaCare PRICE, has championed H. 2300, the Em- own weight. In four decades of busi- exchanges, are more likely than not to powering Patients First Act, for years. ness, I don’t think I have ever seen have just one choice in provider. That It contains all the solutions I just men- anything as perverse as ObamaCare is what the President was complaining tioned and more. I am proud to cospon- and the effect it is having not only on about in 2009. sor that with JOHN MCCAIN in the Sen- our business community but on the Insurance companies across the coun- ate. Our health care system is too im- people back home. try are facing hundreds of millions in portant for too many Americans and We are still talking ObamaCare losses. It means fewer choices and too many to settle for this failure. I today, Mr. President, because it is a higher costs for patients. The GAO re- wasn’t sent to the U.S. Senate to settle complete disaster. It has failed the cently reported that the pre- for the status quo. very people this President and the ObamaCare plans available in most I want to say one thing in closing. In Democrats in this body claimed to States were more affordable and had the last 8 years, we have been told over champion—the working men and lower deductibles than the options now and over again that the status quo is women of America. It did nothing to go available in ObamaCare exchanges. the new norm. This is one where the after overall costs and the spiraling na- Profound. American people are telling me and ture of health care costs, which con- Nationally, premiums have risen by telling you that they are not accepting tinue to explode and are the No. 1 driv- an average of 26 percent. Deductibles this new norm.

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.064 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5365 Mr. President, I yield my time. He was a tough negotiator, but also a that others might learn from it is an I suggest the absence of a quorum. practical compromiser. He always important mission, one that we should The PRESIDING OFFICER. The brought the focus to what was best for never abandon. clerk will call the roll. the people back home and all the peo- Named ‘‘America’s Most Beautiful The senior assistant legislative clerk ple of South Dakota. High School’’ by the American Insti- proceeded to call the roll. He was always there for us in solving tute of Architects, Little Rock Central Mr. PERDUE. Mr. President, I ask problems and creating new opportuni- High School certainly has a storied his- unanimous consent that the order for ties, such as saving the State’s rail- tory, and when you find yourself in the quorum call be rescinded. roads, increasing tourism as the prime Little Rock, be sure to take an after- The PRESIDING OFFICER. Without sponsor of the Deadwood gaming law, noon to visit the Little Rock Central objection, it is so ordered. substantial expansion of the financial High School National Historic Site. f services industry, implementing wel- f REMEMBERING JAMES DUNN fare reform, reducing property taxes, ADDITIONAL STATEMENTS Mr. ROUNDS. Mr. President, today I and promoting the transformation of wish to commemorate the life and leg- the Homestake Gold Mine into the acy of former South Dakota State Sen- deepest underground physics labora- RECOGNIZING ARKANSAS’ FIRST ator James Dunn. tory in the world. DUAL PURPLE HEART CITY AND Jim was born in Lead, SD, on June But more important than all of his COUNTY 27, 1927, and died in Sturgis, SD, on Au- career accomplishments is the kind of ∑ Mr. BOOZMAN. Mr. President, today gust 11, 2016, at the age of 89. person Jim Dunn was. I wish to recognize Izard County and Immediately after graduating from He was a loving husband, father, the city of Horseshoe Bend on becom- high school, he joined the U.S. Army grandfather, great-grandfather, and ing the first dual Purple Heart city and Signal Corps and served from 1945 friend to all who knew him. He had an county in the State of Arkansas. through 1947. enormously positive impact on the Created by George Washington in He returned home to Lead and many thousands of people he met and 1782, the Purple Heart is our Nation’s worked at the Homestake Gold Mine touched with his kindness and gen- oldest military medal. The Purple for the next 38 years. During that time, erosity. Heart is awarded to members of the he also raised four children with his South Dakota is a better State and Armed Forces who are wounded or wife, Betty, and earned a bachelor’s de- we are a better people because of Jim killed in combat. These men and gree in business administration and ec- Dunn. women are some of the finest heroes in onomics. At the mine, he was a crew- With this, I welcome the opportunity our Nation. man, a machinist, the assistant direc- to recognize and commemorate the life Similarly, Izard County has also tor of public affairs, and then the direc- of this public servant and great human committed to show its respect and ap- tor of public affairs. being, my friend, Jim Dunn. preciation for our veterans by becom- Jim inspired his coworkers with his Thank you, Mr. President. ing a Purple Heart County. Showing intelligence, his humor, and his leader- f our admiration for the heroes who have ship. He became a constant promoter served and sacrificed so much for our RECOGNIZING LITTLE ROCK freedom is such a worthy endeavor and for the Black Hills and all of South Da- CENTRAL HIGH SCHOOL kota. He inspired magazine articles, this recognition is well-deserved. I books, films, and other publicity about Mr. COTTON. Mr. President, in honor commend Izard County and the city of Horseshoe Bend for publically acknowl- South Dakota. of the National Park Service’s 100th He was also an enthusiastic sup- birthday year, I want to recognize one edging these heroes, declaring unwav- porter and volunteer worker for dozens of Arkansas’ most recognized and his- ering support of them, and showing of local and State organizations during toric sites: Little Rock Central High how grateful we are for our veterans and their willingness to serve their his 89 years. He was even the first male School. As one of the most well-known country. There truly is no greater dis- president of the Black Hills Girl Scout high schools in the United States, Lit- tle Rock Central’s story is an impor- play of service and sacrifice than that. Council. I want to take this opportunity to In 1971, he was elected to the South tant one in the history of our Nation. applaud the city of Horseshoe Bend and Dakota House of Representatives. In Central High School played a pivotal role in the desegregation of public Izard County for publicly recognizing 1973, he was elected to the South Da- our veterans and Purple Heart recipi- kota Senate and served until his retire- schools in the United States. On Sep- tember 23, 1957, following the Supreme ents by becoming a Purple Heart City ment in 2000. His 30 years of consecu- and Purple Heart County. Arkansas is tive service is matched by only three Court’s decision in Brown v. Board of Education in 1954, nine African-Amer- proud that our local communities are other legislators. paying respect to our veterans and ican students attempted to attend Jim Dunn was elected to many legis- standing behind them.∑ lative leadership positions, including class at Little Rock Central High the chairmanship of the executive School. Now known as the Little Rock f board of the legislature. However, his Nine, these students were met with RECOGNIZING MARION COUNTY leadership went beyond any position he heavy public disapproval by an angry ∑ Mr. BOOZMAN. Mr. President, today held. mob. President Eisenhower ultimately I wish to recognize Marion County, AR, He was a great mentor to all the leg- ordered Federal troops into Little which became a Purple Heart County islators who served with him, including Rock to escort the students into the on November 15, 2015. me. For my first 4 years of working as school for their first day of class on Created by George Washington in the majority leader, he sat next to me. September 25, 1957. 1782, the Purple Heart is our Nation’s The wisdom of his additional 20 years These courageous nine students oldest military medal. The Purple of experience kept me out of trouble. changed the course of history. They Heart is awarded to members of the No one saw the many times I wanted to showed us that we should always pur- Armed Forces who are wounded or jump up and join a floor fight, but Jim sue what is just, no matter how hard killed in combat. These men and would calmly grab my arm and say, the journey is. women are some of the finest heroes ‘‘Not yet, wait.’’ His deep, raspy whis- Former President and Arkansas Gov- that our Nation has to offer. pers guided me and taught me how to ernor Bill Clinton signed legislation in Last year, Marion County chose to be a leader. 1998 designating the school a national honor the service and sacrifice our Pur- Jim removed the rancor from com- historic site. To this day, Little Rock ple Heart heroes in Arkansas by be- mittee and floor debates with his Central High School is the only func- coming a Purple Heart County. Marion knowledge and explanation of the tioning secondary school in the United County’s unwavering support of the he- facts. He guided our discussions back States to have this distinction. Pre- roic actions of our Purple Heart recipi- to what was really important. Then he serving Little Rock Central High ents stands as a reflection of the appre- would lead us to consensus. School and presenting its history so ciation and gratitude of its residents.

VerDate Sep 11 2014 06:06 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.066 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5366 CONGRESSIONAL RECORD — SENATE September 7, 2016 Marion County recently held a cele- School. He quickly earned a reputation number of narcotic investigations fo- bration of its designation as a Purple as a leading constitutional scholar, cusing on members of international Heart County that brought the commu- writing for such esteemed publications drug cartels and other dangerous drug nity together to honor Purple Heart re- as the Stanford Law Review, the Rut- dealers and gang members. cipients. Showing our admiration for gers Law Journal, the Pennsylvania Since 2002, Burnsville Detective those who have served and sacrificed so Lawyer, and Politico. He is an expert Bryan Bye has loyally served his com- much for our freedom is such a worthy on the U.S. Supreme Court and has tes- munity as a member of the Burnsville endeavor, and this recognition is well- tified before the Pennsylvania Senate Police Department. His work with deserved. Judiciary Committee and here in the Burnsville’s Emergency Action Group On behalf of all Arkansans, I echo the U.S. Senate. Ken is also an accom- tactical team has earned him five dis- sentiments of the citizens of Marion plished author, having penned the biog- tinguished service awards for his tac- County in saying how grateful we are raphy of Archibald Cox, one of the tical response. In 2015, the Burnsville for our veterans and their willingness great constitutional lawyers of the Police Department named Detective to serve their country. There truly is 20th century, for whom he served as a Bye ‘‘Police Officer of the Year.’’ no greater display of service and sac- teaching assistant at Harvard. The I join with the Minnesota Police and rifice than that. book was awarded the 1999 Bruce K. Peace Officers Association and all of I would like to take this opportunity Gould Book Award for outstanding my fellow Minnesotans in applauding to applaud Marion County for publicly publication relating to the law and was these three distinguished public serv- recognizing our veterans and Purple nominated for a Pulitzer Prize. Ken’s ants. I would also like to thank not Heart recipients by becoming a Purple most recent book, ‘‘The Presidents and only these three individuals, but all of Heart County. Arkansas is proud that the Constitution: A Living History,’’ Minnesota’s brave law enforcement of- our local communities are paying re- draws upon the Nation’s top experts on ficers who work tirelessly to keep our spect to our veterans and standing be- the American Presidency and the U.S. communities safe from harm. They put hind them.∑ Constitution to tell the incredibly im- their lives on the line to protect our f portant story of how each President safety and that of our families every day.∑ TRIBUTE TO KEN GORMLEY has confronted and shaped the Con- stitution. f ∑ Mr. CASEY. Mr. President, today I I am proud to rise today to honor HONOR FLIGHT NORTHERN wish to honor the 13th president of Dean Ken Gormley and to recognize his COLORADO’S 16TH FLIGHT TO DC Duquesne University, Ken Gormley, a wife, Laura, and their children Caro- renowned lawyer, scholar, teacher, and lyn, Luke, Rebecca, and Madeleine. I ∑ Mr. GARDNER. Mr. President, today author. A native western Pennsylva- thank Ken for his decades of service to I wish to honor the veterans of Honor nian, Ken has dedicated his life to pub- Pennsylvania and this Nation and wish Flight Northern Colorado and the orga- lic service and education. He was sworn him luck for his significant work to nization’s 16th trip to Washington, DC. in as president of Duquesne University come on behalf of Duquesne Univer- This group includes veterans from var- on July 1, 2016, after serving as interim sity.∑ ious wars and generations, who are all dean and dean of Duquesne’s School of f joined together by their service to our Law from 2008 until 2015. The inaugura- country. tion of Duquesne University’s 13th TRIBUTE TO MINNESOTA POLICE In 2008, Honor Flight Northern Colo- dean, and just its third lay dean, high- OFFICERS rado was created as a local chapter of lights the impact this 138-year-old in- ∑ Mr. FRANKEN. Mr. President, today the National Honor Flight Network. stitution has made on the city of Pitts- I would like to recognize three out- The organization flies World War II burgh and its students, displaying a standing Minnesota police officers. The veterans to Washington, DC, to allow constant and deep commitment to Minnesota Police and Peace Officers these veterans the opportunity to see Spiritan values and academic rigor. Association, the largest association the national memorial built in their Founded in 1878 by the Congregation of representing Minnesota’s rank-and-file honor. the Holy Spirit to educate the children police officers, met earlier this year for Honor Flight Northern Colorado now of immigrant steel mill workers, their annual conference and named Of- welcomes veterans of any war the Duquesne now enrolls nearly 10,000 stu- ficer Sayareth Toy Vixayvong of the chance to fly to Washington, DC, free dents from throughout the country and St. Paul Police Department ‘‘Police Of- of charge, to visit the memorials of the the world. ficer of the Year’’ and gave ‘‘Honorable wars in which they fought. Ken first began his tenure at Mention Awards’’ to Officer Tony Currently, there are more than 21.8 Duquesne in 1994 after a career in pri- Holter of the St. Paul Police Depart- million veterans living in the United vate practice and teaching at the Uni- ment and Detective Bryan Bye of the States. No matter the conflict, these versity of Pittsburgh School of Law, Burnsville Police Department. veterans made exceptional sacrifices in where he founded a successful legal Officer Vixayvong is a 15-year vet- order to serve and defend our country, writing program for minority students eran of the St. Paul Police Department and we owe them a debt of gratitude. and women returning to professional and, until recently, was assigned to the Of the 123 veterans on the most re- school after raising their children. FBI Safe Streets Task Force, where he cent honor flight, 23 served in World Under his leadership as dean of worked tirelessly to make St. Paul a War II, 53 served in Korea, 47 served in Duquesne’s School of Law, the institu- safer place to live and work. Officer Vietnam, and 1 served in Iraq. tion ascended to the top tier of law Vixayvong has spent his career fight- Please join me in honoring Robert schools and has become nationally ing drug trafficking and has put nu- Armstrong, Leonard Branecki, Richard ranked. Ken’s commitment to public merous high-profile criminals behind Ciesielski, Lawrence Colby, John service is deeply rooted in western bars and worked to prevent others from Davis, Melvin Engeman, Irene Hunter, Pennsylvania. From 1998—2001, he becoming involved in the illegal drug Walter Hunter, Malachi Kenney, Wil- served as mayor of Forest Hills, PA, trade. Working undercover with the liam Klun, Donald Kreutzer, Alfred where he helped to establish a commu- task force, he put his life on the line Martin, Joseph Moren, Thomas nity development corporation to focus repeatedly to protect and serve his Paterson, Stanley Raddatz, Raymond on the borough’s business corridor. He community of St. Paul. Rader, Gerald Ravenscroft, Harold has also served as the president of the St. Paul Police Officer Tony Holter is Stoll, Douglas Stratton, Henry Allegheny County Bar Association, a dedicated member of the St. Paul Po- Tagtmeyer, Sidney Waldrop, Peter where he helped establish the Gender lice Department. He has served for 15 Zarlengo ,Donald Ziemer, Louis Equality Institute to work to advance years and is currently the senior inves- Balogh, Donald Begalle, Robert women in the legal profession. tigator in the Ramsey County Violent Braden, Walter Brown, William Budd, Ken Gormley earned his bachelor’s Crime Enforcement Team. Throughout Robert Burgess, Gerald Clinton, Thom- degree from the University of Pitts- the past year, Officer Holter has served as Dixon, Edward Dreher, Jim Fer- burgh and his J.D. from Harvard Law as the primary undercover officer in a guson, William Gaede, Ronald

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.046 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5367 Henderer, Clarence Hill, Wallace popular skiing destinations on the East the first community health center in Horihan, Clifford Hughes, Dale Johnke, Coast, attracting hundreds of thou- Alabama to become accredited by the Gordon Kilgore, John Knapp, Arthur sands of visitors to the area every year. Joint Commission on Accreditation of Kompolt, James Lambert, James During the rest of the year, Kingfield is Healthcare Organizations, JCAHO. Leavell, Clint Lincoln, Joseph Lutz, a haven for fishing, hunting, and wild- I recently had the opportunity to at- Elvin McIntosh, Elmer McLane, Jack life watching, as well as a popular stop tend the grand opening and ribbon-cut- Middleton, Leonard Muniz, John along the Appalachian Trail. ting ceremony for Franklin’s newest Obourn, Bill Overmyer, James Parker, The Appalachian Trail has brought branch, the Hadley Family Medical Wallace Pond, Douglas Quigley, Leroy tens of thousands of people through Center in Mobile. I remain impressed Rady, Lloyd Rausch, Katherine western Maine, and many have stopped with and proud of Franklin’s impact Ravithis, Eugene Reller, Morris Rider, in Kingfield for respite from the chal- and outreach in southwest Alabama. Arthur Schildgen, Darvin Schoemaker, lenging terrain. Through the official Because of Franklin Primary Health Yersel Scott, Donald Sewald, Robert designation of Kingfield as an Appa- Center, underserved residents of this Smith, Carl Sorensen, Elvin Spreng, lachian Trail Community, visitors will area of the State can access quality Carold Stickler, James Thomason, Al- now have access to the best resources care in their own communities. bert Tighe, Harvey Tomky, Robert to help them complete their journey, Franklin Health Center provides a Wagner, Albert Weber, Robert White, and residents can benefit from the en- wide array of services such as pediat- Duane Wilsey, Norbert Wilson, Jay gagement with trail visitors and trail rics, OB/GYN, family medicine, inter- Adams, Myron Adams, Darrell Arm- stewards that this designation allows. nal medicine, geriatrics, strong, James Becker, Gordon Benton, The town will be able to gain a fuller rheumatology, dentistry, optometry, Elden Billington, Jeff Birdwell, Roger partnership with the Appalachian Trail physical therapy, nutrition services, Bollenbacher, Jerral Brasher, Gary Conservancy, while implementing envi- wellness and fitness, social services, Curry, Danny DeJiacomo, Jon ronmentally and culturally sustainable substance abuse prevention and treat- Erickson, Carl Erikson, Vernon practices. This is the dawn of a new era ment, HIV/AIDS services, health edu- Fresquez, Ronald Fritzler, Kenneth in the partnership between the Appa- cation, pharmacy, laboratory, x-ray, Gillpatrick, Jr., Larry Hull, Frederick lachian Trail Conservancy and the and transportation services for the Harlow, Marion Herman, Richard Her- town of Kingfield and is sure to have a homeless. The health center’s total staff of over rera, Dale Hicks, Wilbur Hosman, Wil- lasting and meaningful impact for 200 employees serves nearly 40,000 pa- liam Howes, Jerry Iossi, Jerry Ken- years to come. tients annually. These employees focus nedy, Gerald King, Leonard Kippes, I commend all that the people of on the center’s values of dedication, in- Philip Lucas, Robert Martinez, Michael Kingfield have done to make their tegrity, respect, excellence, creativity, Miller, David Moore, John Pickett II, town such a special place to live and experience nature. Their shared love and teamwork in fulfilling its mission. Raul Saenz, Richard Schauermann, I would like to extend my sincerest for their hometown has made them one James Schlote, John Heitman. Ken- appreciation to Franklin Primary of Maine’s great communities, and I neth Seifert, Francis Skolnick, Leon- Health Center for its 41 years of excel- am confident that this designation as ard Sokoloski, Kenneth Spooner, Larry lence in care and service to the com- an Appalachian Trail Community will Spooner, Dean Taylor, John munity and to celebrated their contin- further the town’s reputation. I thank Trierweiler, Jimmy Wiles, Michael ued expansion.∑ Wilkinson, Wallace Young, and Steven the ATC for their recognition of Larsen.∑ Kingfield’s important role in sup- f f porting hikers along the trail. I am TRIBUTE TO JOSEPH BAKA proud to recognize this historic mile- ∑ RECOGNIZING KINGFIELD, MAINE Mr. THUNE. Mr. President, today I stone, and I wish the town many more recognize Joseph Baka, an intern in my ∑ Mr. KING. Mr. President, today I years of success.∑ Washington, DC, office for all of the wish to recognize the town of f hard work he has done for me, my Kingfield, ME, which has recently been staff, and the State of South Dakota. designated by the Appalachian Trail RECOGNIZING FRANKLIN PRIMARY HEALTH CENTER Joseph is a graduate of Northwestern Conservancy as an Appalachian Trail University in Evanston, IL, having ∑ Community. This will provide better Mr. SESSIONS. Mr. President, today earned a degree in Middle East and economic development opportunity for I wish to recognize Franklin Primary North African studies and statistics. Kingfield and contribute to its cher- Health Center, Inc. Franklin Primary Joseph is a dedicated worker who has ished position in Maine and along the Health Center is a nonprofit, federally been committed to getting the most Appalachian Trail. I am pleased to con- qualified health center founded in 1975 out of his experience. gratulate Kingfield on this well-de- by Dr. Marilyn Aiello and a group of I extend my sincere thanks and ap- served designation, which also coin- Alabamians who recognized the need preciation to Joseph Baka for all of the cides with the community’s bicenten- for quality health care in the under- fine work he has done and wish him nial celebration on September 10. served counties of southwest Alabama. continued success in the years to Kingfield’s roots go back to 1807, Franklin Primary Health Center is come.∑ when William King, later to be Maine’s named after Dr. James Alexander f first Governor purchased land in the Franklin, a physician, scholar, and hu- relatively uncharted Carrabassett manitarian who faithfully served his TRIBUTE TO DANIEL DUFFY River Valley. Over the next 10 years, community for over 60 years. The small ∑ Mr. THUNE. Mr. President, today I the humble settlement grew into a vi- nonprofit community health center recognize Daniel Duffy, an intern in brant industrial town, including sev- was founded in 1975 to care for the un- my Washington, DC, office for all of eral mills and factories. Through the derserved Davis Avenue community, the hard work he has done for me, my early 20th century, Kingfield became and in the early days, a small staff staff, and the State of South Dakota. an anchor town in the western foothills struggled to see as many patients as Daniel is a graduate of St. Thomas and has maintained its sterling reputa- possible. More High School in Rapid City, SD. tion as a small, but strong, tight-knit Since 1982, the health center has been Currently, Daniel is attending Stanford community to this day. led by CEO Charles White. Mr. White is University, where he is majoring in ec- Today Kingfield is known for its pic- a well-known and respected member of onomics. Daniel is a dedicated worker turesque scenery and the plethora of the southwest Alabama community, who has been committed to getting the outdoor recreation opportunities it and the health center has thrived and most out of his experience. provides. The recreation industry has grown under his years of leadership. I extend my sincere thanks and ap- brought revitalization to the western The health center now consists of 21 lo- preciation to Daniel Duffy for all of the foothills of Maine, and Kingfield stands cations in six counties in Alabama, in- fine work he has done and wish him at the forefront of that effort. Nearby cluding Mobile, Baldwin, Choctaw, continued success in the years to Sugarloaf Mountain is one of the most Escambia, Monroe, and Conecuh. It is come.∑

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.049 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5368 CONGRESSIONAL RECORD — SENATE September 7, 2016 TRIBUTE TO CHASE GLAZIER tain provisions classified to title 2, United H.R. 4202. An act to authorize the Sec- ∑ States Code. retary of the Interior to conduct a special re- Mr. THUNE. Mr. President, today I H.R. 2831. An act to make technical amend- source study of Fort Ontario in the State of recognize Chase Glazier, an intern in ments to update statutory references to pro- New York; to the Committee on Energy and my Rapid City, SD, office for all of the visions classified to chapters 44, 45, 46, and 47 Natural Resources. hard work he has done for me, my of title 50, United States Code. H.R. 4511. An act to amend the Veterans’ staff, and the State of South Dakota. H.R. 2832. An act to make technical amend- Oral History Project Act to allow the collec- Chase is a graduate of Custer High ments to update statutory references to cer- tion of video and audio recordings of bio- School in Custer, SD. Currently, Chase tain provisions classified to title 52, United graphical histories by immediate family is attending South Dakota State Uni- States Code. members of members of the Armed Forces H.R. 3480. An act to expand the boundary of who died as a result of their service during a versity, where he is majoring in com- Fort Frederica National Monument in the period of war; to the Committee on Rules munications. Chase is a dedicated State of Georgia, and for other purposes. and Administration. worker who has been committed to get- H.R. 3839. An act to transfer administra- H.R. 4789. An act to authorize the Sec- ting the most out of his experience. tive jurisdiction over certain Bureau of Land retary of the Interior to establish a struc- I extend my sincere thanks and ap- Management land from the Secretary of the ture for visitor services on the Arlington preciation to Chase Glazier for all of Interior to the Secretary of Veterans Affairs Ridge tract, in the area of the U.S. Marine the fine work he has done and wish him for inclusion in the Black Hills National Corps War Memorial, and for other purposes; continued success in the years to Cemetery, and for other purposes. to the Committee on Energy and Natural Re- ∑ H.R. 3881. An act to amend the Mineral sources. come. Leasing Act to repeal provisions relating H.R. 5577. An act to amend the Outer Con- f only to the Allegheny National Forest. tinental Shelf Lands Act to authorize the H.R. 4202. An act to authorize the Sec- Secretary of the Interior to conduct offshore TRIBUTE TO MORGAN JONES retary of the Interior to conduct a special re- oil and gas lease sales through Internet- ∑ Mr. THUNE. Mr. President, today I source study of Fort Ontario in the State of based live lease sales, and for other purposes; recognize Morgan Jones, an intern in New York. to the Committee on Energy and Natural Re- my Washington, DC, office for all of H.R. 4245. An act to exempt exportation of sources. the hard work she has done for me, my certain echnioderms and mollusks from li- H.R. 5578. An act to establish certain rights censing requirements under the Endangered for sexual assault survivors, and for other staff, and the State of South Dakota. Species Act of 1973. purposes; to the Committee on the Judici- Morgan is a graduate of Milbank H.R. 4510. An act to insure adequate use ary. High School in Milbank, SD. Currently, and access to the existing Bolts Ditch f Morgan is attending the University of headgate and ditch segment within the Holy Minnesota—Twin Cities, where she is Cross Wilderness in Eagle County, Colorado, MEASURES PLACED ON THE majoring in animal science. Morgan is and for other purposes. CALENDAR H.R. 4511. An act to amend the Veterans’ a dedicated worker who has been com- The following bill was read the sec- mitted to getting the most out of her Oral History Project Act to allow the collec- tion of video and audio recordings of bio- ond time, and placed on the calendar: experience. graphical histories by immediate family H.R. 3231. An act to amend title 5, United I extend my sincere thanks and ap- members of members of the Armed Forces States Code, to protect unpaid interns in the preciation to Morgan Jones for all of who died as a result of their service during a Federal Government from workplace harass- the fine work she has done and wish period of war. ment and discrimination, and for other pur- her continued success in the years to H.R. 4789. An act to authorize the Sec- poses. come.∑ retary of the Interior to establish a struc- The following bill was read the first ture for visitor services on the Arlington f Ridge tract, in the area of the U.S. Marine and second times by unanimous con- sent, and placed on the calendar: TRIBUTE TO JALATAMA OMAR Corps War Memorial, and for other purposes. H.R. 5577. An act to amend the Outer Con- H.R. 4510. An act to insure adequate use ∑ Mr. THUNE. Mr. President, today I tinental Shelf Lands Act to authorize the and access to the existing Bolts Ditch recognize Jalatama Omar, an intern in Secretary of the Interior to conduct offshore headgate and ditch segment within the Holy my Washington, DC, office for all of oil and gas lease sales through Internet- Cross Wilderness in Eagle County, Colorado, the hard work he has done for me, my based live lease sales, and for other purposes. and for other purposes. staff, and the State of South Dakota. H.R. 5578. An act to establish certain rights f Jalatama is a graduate of Wash- for sexual assault survivors, and for other purposes. MEASURES READ THE FIRST TIME ington High School, in Sioux Falls, SD. Currently, Jalatama is attending the f The following bills were read the first time: University of South Dakota, where he MEASURES REFERRED is majoring in political science. S. 3296. A bill to amend the Internal Rev- Jalatama is a dedicated worker who The following bills were read the first enue Code of 1986 to provide an exemption to has been committed to getting the and the second times by unanimous the individual mandate to maintain health most out of his experience. consent, and referred as indicated: coverage for individuals residing in counties with fewer than 2 health insurance issuers I extend my sincere thanks and ap- H.R. 2830. An act to make technical amend- ments to update statutory references to cer- offering plans on an Exchange. preciation to Jalatama Omar for all of S. 3297. A bill to amend the Internal Rev- the fine work he has done and wish him tain provisions classified to title 2, United States Code; to the Committee on the Judici- enue Code of 1986 to provide an exemption to continued success in the years to ary. the individual mandate to maintain health come.∑ H.R. 2831. An act to make technical amend- coverage for certain individuals whose pre- mium has increased by more than 10 percent, f ments to update statutory references to pro- visions classified to chapters 44, 45, 46, and 47 and for other purposes. MESSAGE FROM THE HOUSE of title 50, United States Code; to the Com- f At 2:16 p.m., a message from the mittee on the Judiciary. H.R. 2832. An act to make technical amend- INTRODUCTION OF BILLS AND House of Representatives, delivered by JOINT RESOLUTIONS Mr. Novotny, one of its reading clerks, ments to update statutory references to cer- tain provisions classified to title 52, United announced that the House has agreed The following bills and joint resolu- States Code; to the Committee on the Judici- tions were introduced, read the first to the following resolution: ary. H. Res. 841. Resolution relative to the H.R. 3480. An act to expand the boundary of and second times by unanimous con- death of the Honorable Mark Takai, a Rep- Fort Frederica National Monument in the sent, and referred as indicated: resentative from the State of Hawaii. State of Georgia, and for other purposes; to By Mr. RUBIO: The message further announced that the Committee on Energy and Natural Re- S. 3290. A bill to mitigate risks of the Zika the House has passed the following sources. virus to members of the Armed Forces and H.R. 3881. An act to amend the Mineral Department of Defense civilian personnel bills, in which it requests the concur- Leasing Act to repeal provisions relating stationed in or deployed to areas affected by rence of the Senate: only to the Allegheny National Forest; to or that may soon be affected by the Zika H.R. 2830. An act to make technical amend- the Committee on Energy and Natural Re- virus, to authorize the Secretary of Defense ments to update statutory references to cer- sources. to transfer funds to counter or control the

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.043 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5369 Zika virus, and for other purposes; to the current resolution on the budget and research efforts and to improve public Committee on Armed Services. passed the regular appropriations bills. education and awareness of congenital By Mr. KIRK: S. 149 heart disease, and for other purposes. S. 3291. A bill to establish tax, regulatory, S. 2584 and legal structure in the United States that At the request of Mr. HATCH, the encourages small businesses to expand and name of the Senator from Connecticut At the request of Mr. KIRK, the innovate, and for other purposes; to the (Mr. BLUMENTHAL) was added as a co- names of the Senator from Iowa (Mr. Committee on Finance. sponsor of S. 149, a bill to amend the GRASSLEY), the Senator from New Jer- By Mr. PORTMAN (for himself, Mr. Internal Revenue Code of 1986 to repeal sey (Mr. MENENDEZ) and the Senator JOHNSON, and Ms. AYOTTE): the excise tax on medical devices. from Maine (Mr. KING) were added as S. 3292. A bill to amend the Tariff Act of S. 311 cosponsors of S. 2584, a bill to promote 1930 to make the Postmaster General the im- and protect from discrimination living At the request of Mr. CASEY, the porter of record for the non-letter class mail organ donors. and to require the provision of advance elec- name of the Senator from Massachu- S. 2595 tronic information about shipments of non- setts (Mr. MARKEY) was added as a co- letter class mail to U.S. Customs and Border sponsor of S. 311, a bill to amend the At the request of Mr. CRAPO, the name of the Senator from North Da- Protection and for other purposes; to the Elementary and Secondary Education kota (Ms. HEITKAMP) was added as a co- Committee on Finance. Act of 1965 to address and take action By Mr. REID: sponsor of S. 2595, a bill to amend the to prevent bullying and harassment of S. 3293. A bill to require the Secretary of Internal Revenue Code of 1986 to per- students. the Interior to transfer to the Shoshone-Pai- manently extend the railroad track ute Tribes of the Duck Valley Reservation S. 491 maintenance credit. investment income held in certain funds; to At the request of Ms. KLOBUCHAR, the S. 2655 the Committee on Indian Affairs. name of the Senator from Colorado By Mr. COATS: At the request of Mr. CARDIN, the (Mr. BENNET) was added as a cosponsor S. 3294. A bill to establish the Mandatory name of the Senator from Michigan Bureaucratic Realignment and Consolidation of S. 491, a bill to lift the trade embar- (Mr. PETERS) was added as a cosponsor Commission to reduce outlays flowing from go on Cuba. of S. 2655, a bill to amend the Internal direct spending; to the Committee on Home- S. 772 Revenue Code of 1986 to improve the land Security and Governmental Affairs. At the request of Mr. CARDIN, the historic rehabilitation tax credit, and By Mr. CORNYN: name of the Senator from Massachu- for other purposes. S. 3295. A bill to authorize the Secretary of setts (Ms. WARREN) was added as a co- Homeland Security to work with cybersecu- S. 2659 rity consortia for training, and for other pur- sponsor of S. 772, a bill to secure the At the request of Mr. BURR, the poses; to the Committee on Homeland Secu- Federal voting rights of persons when names of the Senator from Florida (Mr. rity and Governmental Affairs. released from incarceration. RUBIO) and the Senator from Missouri By Mr. MCCAIN (for himself, Mr. COT- S. 812 (Mr. BLUNT) were added as cosponsors TON, Mr. BARRASSO, Mr. SASSE, Mr. At the request of Mr. MORAN, the of S. 2659, a bill to reaffirm that the FLAKE, and Mr. JOHNSON): name of the Senator from Florida (Mr. Environmental Protection Agency can- S. 3296. A bill to amend the Internal Rev- not regulate vehicles used solely for enue Code of 1986 to provide an exemption to RUBIO) was added as a cosponsor of S. the individual mandate to maintain health 812, a bill to enhance the ability of competition, and for other purposes. coverage for individuals residing in counties community financial institutions to S. 2680 with fewer than 2 health insurance issuers foster economic growth and serve their At the request of Mr. ALEXANDER, the offering plans on an Exchange; read the first communities, boost small businesses, names of the Senator from Nevada (Mr. time. increase individual savings, and for HELLER) and the Senator from New By Mr. COTTON (for himself, Ms. other purposes. Mexico (Mr. UDALL) were added as co- AYOTTE, Mr. MCCAIN, Mr. LANKFORD, S. 1446 sponsors of S. 2680, a bill to amend the Mr. JOHNSON, Mr. BURR, Mr. BAR- At the request of Ms. HEITKAMP, the Public Health Service Act to provide RASSO, Mr. ISAKSON, Mr. KIRK, and comprehensive mental health reform, Mr. WICKER): name of the Senator from New Hamp- and for other purposes. S. 3297. A bill to amend the Internal Rev- shire (Ms. AYOTTE) was added as a co- enue Code of 1986 to provide an exemption to sponsor of S. 1446, a bill to establish S. 2683 the individual mandate to maintain health the Stop, Observe, Ask, and Respond to At the request of Ms. HIRONO, the coverage for certain individuals whose pre- Health and Wellness Training pilot pro- names of the Senator from Montana mium has increased by more than 10 percent, (Mr. TESTER) and the Senator from and for other purposes; read the first time. gram to address human trafficking in the health care system. Kansas (Mr. MORAN) were added as co- By Mrs. SHAHEEN: sponsors of S. 2683, a bill to include dis- S. 3298. A bill to amend the Federal Food, S. 1503 Drug, and Cosmetic Act to require the label abled veteran leave in the personnel At the request of Mr. BLUMENTHAL, management system of the Federal of any drug containing an opiate to promi- the name of the Senator from West nently state that addiction is possible; to the Aviation Administration. Virginia (Mrs. CAPITO) was added as a Committee on Health, Education, Labor, and S. 2690 cosponsor of S. 1503, a bill to provide Pensions. At the request of Mr. RISCH, the for enhanced Federal efforts con- f name of the Senator from New Mexico cerning the prevention, education, ADDITIONAL COSPONSORS (Mr. HEINRICH) was added as a cospon- treatment, and research activities re- sor of S. 2690, a bill to amend the Pitt- S. 6 lated to Lyme disease and other tick- man-Robertson Wildlife Restoration At the request of Mr. UDALL, the borne diseases, including the establish- Act to modernize the funding of wild- name of the Senator from Michigan ment of a Tick-Borne Diseases Advi- life conservation, and for other pur- (Ms. STABENOW) was added as a cospon- sory Committee. poses. sor of S. 6, a bill to reform our govern- S. 1562 S. 2786 ment, reduce the grip of special inter- At the request of Mr. WYDEN, the At the request of Mrs. CAPITO, the est, and return our democracy to the name of the Senator from Arkansas name of the Senator from New Hamp- American people through increased (Mr. COTTON) was added as a cosponsor shire (Ms. AYOTTE) was added as a co- transparency and oversight of our elec- of S. 1562, a bill to amend the Internal sponsor of S. 2786, a bill to amend title tions and government. Revenue Code of 1986 to reform tax- XVIII of the Social Security Act to S. 39 ation of alcoholic beverages. provide for payments for certain rural At the request of Mr. HELLER, the S. 2248 health clinic and Federally qualified name of the Senator from North Caro- At the request of Mr. DURBIN, the health center services furnished to hos- lina (Mr. BURR) was added as a cospon- name of the Senator from Rhode Island pice patients under the Medicare pro- sor of S. 39, a bill to provide that Mem- (Mr. WHITEHOUSE) was added as a co- gram. bers of Congress may not receive pay sponsor of S. 2248, a bill to amend the S. 2927 after October 1 of any fiscal year in Public Health Service Act to coordi- At the request of Mr. LANKFORD, the which Congress has not approved a con- nate Federal congenital heart disease name of the Senator from Indiana (Mr.

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.005 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5370 CONGRESSIONAL RECORD — SENATE September 7, 2016 COATS) was added as a cosponsor of S. kota (Mr. ROUNDS) was added as a co- S. 3281 2927, a bill to prevent governmental sponsor of S. 3129, a bill to provide for At the request of Mr. REID, the name discrimination against providers of the extension of the enforcement in- of the Senator from New York (Mrs. health services who decline involve- struction on supervision requirements GILLIBRAND) was added as a cosponsor ment in abortion, and for other pur- for outpatient therapeutic services in of S. 3281, a bill to extend the Iran poses. critical access and small rural hos- Sanctions Act of 1996. S. 2957 pitals through 2016. S. 3285 At the request of Mr. NELSON, the S. 3132 At the request of Mr. RUBIO, the names of the Senator from Nebraska At the request of Mrs. FISCHER, the name of the Senator from South Da- (Mrs. FISCHER) and the Senator from name of the Senator from North Caro- kota (Mr. THUNE) was added as a co- Oregon (Mr. MERKLEY) were added as lina (Mr. TILLIS) was added as a co- sponsor of S. 3285, a bill to prohibit the cosponsors of S. 2957, a bill to require sponsor of S. 3132, a bill to direct the President from using funds appro- the Secretary of the Treasury to mint Secretary of Veterans Affairs to carry priated under section 1304 of title 31, commemorative coins in recognition of out a pilot program to provide service United States Code, to make payments the 50th anniversary of the first dogs to certain veterans with severe to Iran, to impose sanctions with re- manned landing on the Moon. post-traumatic stress disorder. spect to Iranian persons that hold or S. 2979 S. 3155 detain United States citizens, and for At the request of Mr. WYDEN, the At the request of Mr. HATCH, the other purposes. name of the Senator from Maryland name of the Senator from South Caro- S. CON. RES. 48 (Mr. CARDIN) was added as a cosponsor lina (Mr. GRAHAM) was added as a co- At the request of Mr. BLUMENTHAL, of S. 2979, a bill to amend the Federal sponsor of S. 3155, a bill to amend chap- the name of the Senator from Florida Election Campaign Act of 1971 to re- ter 97 of title 28, United States Code, to (Mr. RUBIO) was added as a cosponsor of quire candidates of major parties for clarify the exception to foreign sov- S. Con. Res. 48, a concurrent resolution the office of President to disclose re- ereign immunity set forth in section expressing the sense of Congress that cent tax return information. 1605(a)(3) of such title. the Italian Supreme Court of Cassation S. 3026 S. 3164 should domesticate and recognize judg- At the request of Mr. SCHUMER, the At the request of Mrs. SHAHEEN, the ments issued by United States courts name of the Senator from Wisconsin name of the Senator from Minnesota on behalf of United States victims of (Ms. BALDWIN) was added as a cospon- (Mr. FRANKEN) was added as a cospon- terrorism, and that the Italian Min- sor of S. 3026, a bill to amend the Com- sor of S. 3164, a bill to provide protec- istry of Foreign Affairs should cease its munications Act of 1934 to expand and tion for survivors of domestic violence political interference with Italy’s inde- clarify the prohibition on inaccurate or sexual assault under the Fair Hous- pendent judiciary, which it carries out caller identification information and ing Act. in the interests of state sponsors of ter- to require providers of telephone serv- S. 3179 rorism such as the Islamic Republic of ice to offer technology to subscribers At the request of Ms. HEITKAMP, the Iran. to reduce the incidence of unwanted name of the Senator from Minnesota S. RES. 485 telephone calls, and for other purposes. (Ms. KLOBUCHAR) was added as a co- At the request of Mr. FLAKE, the S. 3034 sponsor of S. 3179, a bill to amend the name of the Senator from Massachu- At the request of Mr. CRUZ, the Internal Revenue Code of 1986 to im- setts (Mr. MARKEY) was added as a co- names of the Senator from North Caro- prove and extend the credit for carbon sponsor of S. Res. 485, a resolution to lina (Mr. BURR) and the Senator from dioxide sequestration. encourage the Government of the Alabama (Mr. SESSIONS) were added as S. 3182 Democratic Republic of the Congo to cosponsors of S. 3034, a bill to prohibit abide by constitutional provisions re- the National Telecommunications and At the request of Mr. HATCH, the names of the Senator from Illinois (Mr. garding the holding of presidential Information Administration from al- elections in 2016, with the aim of ensur- lowing the Internet Assigned Numbers KIRK) and the Senator from Arkansas (Mr. BOOZMAN) were added as cospon- ing a peaceful and orderly democratic Authority functions contract to lapse transition of power. unless specifically authorized to do so sors of S. 3182, a bill to provide further by an Act of Congress. means of accountability of the United f States debt and promote fiscal respon- S. 3065 STATEMENTS ON INTRODUCED sibility. At the request of Mr. HATCH, the BILLS AND JOINT RESOLUTIONS S. 3205 names of the Senator from Arizona By Mr. PORTMAN (for himself, At the request of Mr. LEE, the name (Mr. FLAKE) and the Senator from Mr. JOHNSON, and Ms. AYOTTE): Pennsylvania (Mr. CASEY) were added of the Senator from Arizona (Mr. S. 3292. A bill to amend the Tariff Act as cosponsors of S. 3065, a bill to amend FLAKE) was added as a cosponsor of S. of 1930 to make the Postmaster General parts B and E of title IV of the Social 3205, a bill to allow local Federal offi- the importer of record for the non-let- Security Act to invest in funding pre- cials to determine the manner in which ter class mail and to require the provi- vention and family services to help nonmotorized uses may be permitted in sion of advance electronic information keep children safe and supported at wilderness areas, and for other pur- about shipments of non-letter class home, to ensure that children in foster poses. mail to U.S. Customs and Border Pro- care are placed in the least restrictive, S. 3213 tection and for other purposes; to the most family-like, and appropriate set- At the request of Mr. LANKFORD, the Committee on Finance. tings, and for other purposes. name of the Senator from Oklahoma Mr. PORTMAN. Mr. President, I rise S. 3124 (Mr. INHOFE) was added as a cosponsor to talk about an epidemic that is af- At the request of Mrs. ERNST, the of S. 3213, a bill to amend title 31, fecting my State of Ohio and every name of the Senator from South Da- United States Code, to provide for State represented in this Chamber. kota (Mr. THUNE) was added as a co- transparency of payments made from Senator WHITEHOUSE just spoke. He sponsor of S. 3124, a bill to require U.S. the Judgment Fund. worked with me over a period of about Immigration and Customs Enforcement S. 3261 3 years to put together legislation to to take into custody certain aliens who At the request of Mr. TESTER, the address the heroin and prescription have been charged in the United States name of the Senator from Alaska (Ms. drug epidemic. with a crime that resulted in the death MURKOWSKI) was added as a cosponsor We had five conferences in Wash- or serious bodily injury of another per- of S. 3261, a bill to establish a business ington, DC, bringing in experts from son, and for other purposes. incubators program within the Depart- around the country, including from my S. 3129 ment of the Interior to promote eco- home State of Ohio. We looked at what At the request of Mr. THUNE, the nomic development in Indian reserva- is working and what is not working and name of the Senator from South Da- tion communities. came up with the best practices from

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.006 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5371 around the country. That is what the pen after the election, we also have Since 2000, the number of annual legislation addresses. It is comprehen- hope because both the committee in opioid overdoses has quadrupled. So sive. It deals with prevention and edu- the House and the committee in the this problem is getting worse, not bet- cation. It deals with treatment. It Senate went through all their process, ter. One reason these overdoses are in- deals with recovery. We learned longer and they reported out of committee creasing even faster than the number term recovery was incredibly impor- legislation that doubles the funding for of new users is that the drugs on the tant to success. opioids over a 2-year period. They in- street are getting stronger and strong- It actually passed this body with a cluded funding that is at $471 million, a er. So you are seeing not just more ad- vote of 92 to 2. That never happens 113-percent increase over the last 2 diction, but you are seeing even higher around here. It is because working to- years. So we need to have a process to levels of overdoses—more addictive, gether with both sides of the aisle we get this funding done. We hope the ad- more dangerous, and more deadly. were able to look at a problem objec- ministration will work with us on that, Heroin is already deadly enough. It is tively, take the politics out of it, and even in this continuing resolution. extremely addictive, but it is now figure out what would work to help There is a group of 100 different orga- being laced with drugs like fentanyl, turn the tide. It is something that is nizations from around the country. It carfentanil, and U–4. You may have urgent. We have to address it. is a coalition that helped pass CARA heard of this and wondered what it was. I will tell you now nationally it ap- that has recently sent a letter to the Well, it is a synthetic form of heroin. It pears overdose deaths from these White House. It includes recovery ad- is being made somewhere in a labora- opioids, heroin, prescription drugs, and vocacy groups, it includes prevention tory and being added often to heroin to now synthetic heroin is the No. 1 cause groups, and it includes law enforce- poison the people we represent. It is of accidental death, meaning it has ment. This group of people who are on that simple. Carfentanil, fentanyl, and surpassed car accidents. Sadly, it is the frontlines, in the trenches all U–4 are more dangerous. getting worse, not better. So those around the country, just sent a letter In Ohio, fentanyl deaths increased changes this Congress voted on to mod- to the White House thanking the Presi- nearly fivefold, from 80 in 2013 to about ernize our Federal response to prescrip- dent for signing CARA into law but 500 in 2014—more than doubled to over tion drug and heroin addiction are in- also expressing their support for fully 1,000 last year. Again, this year, we are credibly important right now. funding it. on track to exceed that number signifi- It was evidence-based. It was some- What they specifically asked for was cantly. Just 3 years ago, about 1 in 20 thing where we again took best prac- that the White House include what is overdoses in Ohio were a result of tices to make sure we were spending called an anomaly or an add-on to the fentanyl. Then it was one in five. Now more money, but that money was going continuing resolution for this purpose. it is more than one in three. You can to places where it was proven to work. I hope the White House is listening. I see where this is going. Now that CARA is law—the Com- Prescription drugs are often the start hope they do it. I want to add voice to prehensive Addiction and Recovery of this. Four out of five heroin addicts this coalition, to say this is the right Act, and it was signed into law by the in Ohio, they say, started with pre- thing to do. I have also brought this up President about 6 weeks ago—we are scriptions drugs. This is an addiction with our leadership in the Congress. working with the administration to get that sometimes is inadvertent in the There will be some add-ons or anoma- it implemented as quickly as possible sense that someone might have a med- lies to any continuing resolution. because there are a number of new pro- ical procedure and then be given these There always are. We have to be sure it grams, new funding sources. narcotic pain pills and develop this ad- is transparent, that they make sense. It authorizes another $181 million per diction, which is a physiological This one makes sense. We should make year on top of what is already being change in your brain. Addiction is a spent on this issue. Again, impor- it transparent but also make it high disease. It needs to be treated as such. tantly, it authorizes new programs enough so it fully funds the CARA leg- Increasingly now we are seeing these that we think will work better to re- islation, regardless of what happens synthetic heroins come into our com- verse the tide, to get at the horrible with the appropriations bills going for- munities to the point that 1 in 3 epidemic that is growing in our States. ward. overdoses now, instead of just 3 years We also need to work with the adminis- At the very least, let’s close what- ago 1 in 20—in Ohio—are due to these tration and with Congress to ensure ever gap there is between what is in synthetic drugs. In my hometown of that in the annual funding bills that the CR and what is needed to fully fund Cincinnati now, those fentanyl are passed around here, we are fully this legislation. Because I believe this overdoses exceed the heroin overdoses. funding this new effort. is a crisis and an emergency, I actually According to Dr. Lakshmi Sammarco, At the year end, which is September would support emergency funding, who is Hamilton County coroner in 30, fiscal year end for the U.S. Govern- going over and above what is in the Southwest Ohio, drug overdose deaths ment, there will be a funding mecha- CARA legislation. I think we should in Hamilton County increased by 40 nism. It is probably going to be what is have a debate on that issue. We had percent from just 2014 to 2015, while called a continuing resolution, con- one on the Senate floor. I voted for fentanyl overdose deaths increased 153 tinuing funding from last year. That is that. We were not able to get 60 votes percent. good in one sense, because we did get for it, but I do think it is an issue that By the way, Dr. Sammarco and her more funding in this year’s appropria- rises to that extraordinary level, like medical team are doing an excellent tions bill for this issue. We have about the Ebola issue, like the Zika virus, job in very difficult circumstances. a 47-percent increase in funding for this issues that are truly epidemics. This is. They are on top of this epidemic, but year. So that would continue next Let me tell you why I call it an epi- they need our help. year, but that is not enough. demic. We found out recently that drug These synthetic drugs are incredibly Unfortunately, this crisis has taken overdose deaths in my home State of powerful. Heroin is already extremely hold in a way—it has gripped our coun- Ohio increased from about 2,500 deaths addictive, as I said, and typically much try in a way that we need more. Just to in 2014 to more than 3,000 in 2015, an in- cheaper, stronger, and more widely be able to fully fund the CARA legisla- crease of 20 percent in just 1 year. available than these prescription pain- tion, we need more. So we are calling Here is the sad news. This year, we killers we talked about. Fentanyl can on the administration to work with us are on track to exceed that percentage be 50, sometimes even 100, times as to ensure that we can get more funding increase. In other words, we are on powerful as heroin. Think about that. into whatever is going to be passed at track this year to have better than a Carfentanil is sometimes 10,000 times the end of this month, likely again a 20-percent increase in deaths from as powerful as morphine. continuing resolution, to provide ade- overdoses in Ohio. The Presiding Offi- So, as you can see, as these synthetic quate funding to ensure that at a min- cer’s State is probably experiencing the drugs are coming into our commu- imum we are funding what is in the same thing. Nationwide, the number of nities, they are more dangerous, they CARA legislation. heroin users tripled in just 7 years, and are stronger, they are more addictive. When there is a new appropriation the number of drug overdoses every Carfentanil is so powerful, it is pri- for next year, which I assume will hap- year tripled in just 4 years. marily used as a tranquilizer for large

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.034 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5372 CONGRESSIONAL RECORD — SENATE September 7, 2016 animals such as elephants. It is so pow- said, it has made their jobs more dan- drug court, can get into treatment, can erful that in cases where the police gerous. It is also taking more of their get into longer term recovery, reunite who have responded to an overdose time and resources. with his family, and get back to his have overdosed from just breathing Last year the number we have is that life. fentanyl in the air or getting it on firefighters and other first responders We know that many of the drugs that their skin at the scene. applied Narcan 16,000 times in one are causing so many of these overdoses It is so powerful that sometimes mul- State. This year it will be far higher in Ohio—the fentanyl, the Carfentanil, tiple doses of Narcan are required to than that. By the way, this is why the U–4—don’t come from Ohio. In fact, reverse an overdose. Narcan is this CARA provides training for Narcan, they don’t come from any State in this miracle drug that our first responders the legislation we talked about earlier, body; they come from other countries. increasingly are carrying, and thank the Comprehensive Addiction and Re- Incidentally, it doesn’t mean that God it is there because it reverses the covery Act. It also provides more re- someday they couldn’t come from this effects of the overdose, but Narcan is sources to our first responders to pur- country, but right now they are coming meant for a heroin overdose. Some- chase Narcan. Narcan is getting more from other countries. From all the in- times with these synthetic drugs like expensive, in part, because there is an formation we have from law enforce- fentanyl and carfentanil and U–4, you increased demand. We have to be sure ment, we believe the vast majority of need several doses of Narcan to reverse there are not any other reasons that these synthetic drugs are being made the overdose, and sometimes it does those expenses are going up, and we in laboratories in China and in India not work. I have heard cases where have to be sure to provide the re- and then shipped through the mail to seven doses of Narcan were necessary sources to our first responders so they our communities to meet this growing to save someone’s life. These synthetic can have these lifesaving drugs on demand for drugs. The traffickers actu- hand. drugs are taking a heavy toll on our ally get this poison, this synthetic By the way, firefighters all over Ohio country and my State of Ohio. tell me the same thing, and I have drug, through the U.S. mail system. In particular, in my hometown in talked to a number of them. I have Right now, it is difficult to detect Ohio recently—Cincinnati, OH—in just gone to other firehouses, and I ask the these packages coming from overseas one 6-day span in August it had 174 same question everywhere I go: Are before it is way too late. Unlike private overdoses: 6 days, 174 overdoses in one you going on more fire runs or more carriers such as UPS, FedEx, or others, city. That is less than 1 week in one overdose runs? The answer now—con- the Postal Service does not require city: 174. It is unprecedented, at least sistently, everywhere I go—is electronic Customs data for packages in our State. Dr. Sammarco has con- overdoses. There are more overdoses coming into the country, so we don’t firmed this sudden spike in overdoses is than fire runs in every firehouse I have know what is coming in. This makes the result of heroin being laced with been to in Ohio. dangerous packages containing drugs other drugs. At least in many of these The scenes they encounter when they such as fentanyl or Carfentanil or U–4 cases it is carfentanil. So somebody is go on these runs are truly heart- that much harder to stop. actually putting this large-animal breaking. They see families torn apart. We have had hearings on this issue in tranquilizer into the heroin, mixing it, During that unprecedented 6-day pe- the Senate. In June, the Judiciary resulting in this huge spike in riod in Cincinnati, they saved the lives Committee held a hearing on synthetic overdoses. of two parents who had overdosed in drugs. A witness testified that because I was glad to be helpful in providing front of their two teenage sons. of this loophole of the Postal Service a sample of carfentanil for Coroner Last week in West Chester Township, not requiring the information but the Sammarco, because she could not find OH, outside of Cincinnati, police saved private carriers requiring it, getting it anywhere in the region easily. Once the lives of a father and son who to- these drugs into our communities was she found it, we were able to get the gether overdosed on heroin while the easier and that the drug traffickers comparison of the sample to what had father was driving on Interstate I–75. used the mail system. To me, it is a happened and be able to confirm that Thank God no one else was injured or loophole. carfentanil was behind these huge in- killed. The Homeland Security Committee creases in overdoses. A few days later, in Forest Park, OH, on which I sit has also held hearings Our first responders deserve our outside of Cincinnati, a 3-year-old girl and a roundtable discussion on the flow praise because they were able to save found her grandmother, who was baby- of fentanyl and other synthetic forms the vast majority of these lives. So sitting her, unconscious from an over- of heroin into this country. We learned over 170 people overdosing, and yet, dose. When police arrived with Narcan the same thing—that there is this dis- sadly, tragically, although there were to save her grandmother’s life, the crepancy between how the mail system four or five people who died, the rest of story from the police officer was the handles it and how private carriers these people, over 170 people were little girl asked one of the police offi- handle it. saved. That is amazing. It is because cers to please hold her while her grand- Today I have introduced legislation they responded quickly. They re- mother was unconscious on the floor. to address the threat of synthetic sponded professionally. It is heartbreaking. drugs by simply closing that loophole, Last Wednesday I went to Fire Sta- Forest Park police responded to five simply saying that with regard to tion 24 in Cincinnati, OH, which han- other overdoses that same day, includ- packages coming from overseas, the dled the largest number of these ing another overdose in the same Postal Service should require advanced overdoses—1 fire station, 34 overdoses apartment complex. This is a small electronic data so we know what is in in 6 days. They talked to me about how town with a population of about 19,000 these packages. This would include in- they saved lives. I thanked them, of people. formation such as who and where it is course, for what they are doing every Two weeks ago, the Akron Beacon coming from, where it is going, and day. One thing they said to me was: Journal published a letter from a high what is in it. Senator, this is not the answer. Saving school girl from Akron to her dad, who As Customs and Border Patrol—the people by using Narcan is necessary, it was addicted to heroin. She writes to border protection people—has told us, is absolutely necessary, but they said her dad, in part: this information will provide a much it is not the answer. When I found out you got arrested, I was better tool to law enforcement to help I agree with them. The answer is get- happy. . . . I was going to finally be able to them ensure that these dangerous ting people into treatment, getting sleep at night without having to worry about drugs won’t end up in the hands of drug whether I was going to get a call the next them back on track, getting them into day telling me that [heroin] had finally traffickers who then sell these dan- longer term recovery rather than ap- taken you away. I know that being in prison gerous drugs in our communities. It plying Narcan again and again, as they isn’t the best life, but at least you are alive. will make our streets safer and save tell me, sometimes to the same person. . . . This is what heroin does: it possesses its lives by helping to prevent overdoses. I By the way, this epidemic is taking a victim and does not let go until he is dead. think it is a commonsense idea that toll on our firefighters and other first To that high school girl, what we builds on CARA, the Comprehensive responders—police officers also. As we hope is that her father goes through a Addiction and Recovery Act, because

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G07SE6.034 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5373 while CARA addresses the demand for S. 3295. A bill to authorize the Sec- vent unnecessary duplication of existing pro- drugs through prevention, education, retary of Homeland Security to work grams or efforts of the Department of Home- treatment, and recovery, this legisla- with cybersecurity consortia for train- land Security. (d) CONSIDERATIONS REGARDING SELECTION tion will help to cut the supply of ing, and for other purposes; to the OF A CONSORTIUM.—In selecting a consortium drugs, help to cut off the flow of this Committee on Homeland Security and with which to work under this Act, the Sec- poison into our communities. I think Governmental Affairs. retary of Homeland Security shall take into these two ideas go hand in hand. If you Mr. CORNYN. Mr. President, I ask consideration the following: are one of the 92 Senators in this body, unanimous consent that the text of the (1) Any prior experience conducting cyber- out of 100, who voted for CARA, I hope bill be printed in the RECORD. security training and exercises for State and you will support this legislation too. There being no objection, the text of local entities. (2) Geographic diversity of the members of Our law enforcement and first re- the bill was ordered to be printed in sponders are doing an amazing job. any such consortium so as to cover different the RECORD, as follows: regions across the United States. They are saving lives every single day, S. 3295 (e) METRICS.—If the Secretary of Homeland and they are to be commended, but Be it enacted by the Senate and House of Rep- Security works with a consortium pursuant they need some help. They deserve our resentatives of the United States of America in to subsection (a), the Secretary shall meas- best efforts to stop these dangerous Congress assembled, ure the effectiveness of the activities under- taken by such consortium under this Act. drugs from entering into the country SECTION 1. SHORT TITLE. in the first place, and so do the hun- (f) OUTREACH.—The Secretary of Homeland This Act may be cited as the ‘‘National Cy- Security shall conduct outreach to univer- dreds of thousands of families in Ohio bersecurity Preparedness Consortium Act of sities and colleges, including historically and around the country who have been 2016’’. Black colleges and universities, Hispanic- affected by this epidemic of addiction. SEC. 2. NATIONAL CYBERSECURITY PREPARED- serving institutions, Tribal Colleges and Uni- They deserve our help as well. They de- NESS CONSORTIUM. versities, and other minority-serving institu- serve a safer community. They deserve (a) IN GENERAL.—The Secretary of Home- tions, regarding opportunities to support ef- peace of mind. They deserve to know land Security may work with a consortium, forts to address cybersecurity risks and inci- that we are doing all we can to try to including the National Cybersecurity Pre- dents, including threats of terrorism and paredness Consortium, to support efforts to acts of terrorism, by working with the Sec- keep these dangerous synthetic drugs address cybersecurity risks and incidents (as retary pursuant to subsection (a). out of our communities. such terms are defined in section 227 of the (g) TERMINATION.—The authority to carry Just as I did with the CARA legisla- Homeland Security Act of 2002 (6 U.S.C. 148)), out this Act shall terminate on the date that tion, I urge my colleagues on both including threats of terrorism and acts of is 5 years after the date of the enactment of sides of the aisle to support this addi- terrorism. this Act. (h) CONSORTIUM DEFINED.—In this Act, the tional legislation. Frankly, 31⁄2 years (b) ASSISTANCE TO THE NCCIC.—The Sec- retary of Homeland Security may work with term ‘‘consortium’’ means a group primarily ago when we started putting together composed of non-profit entities, including the CARA legislation, if this synthetic a consortium to assist the national cyberse- curity and communications integration cen- academic institutions, that develop, update, drug issue had been at the level it is and deliver cybersecurity training in support ter of the Department of Homeland Security of homeland security. today, I believe it would have been in- (established pursuant to section 227 of the cluded in the CARA legislation. But we Homeland Security Act of 2002) to— f are now seeing this epidemic growing— (1) provide training to State and local first AMENDMENTS SUBMITTED AND heroin and prescription drugs, yes, but responders and officials specifically for pre- PROPOSED increasingly synthetic drugs, as we paring for and responding to cybersecurity talked about this evening. It is time risks and incidents, including threats of ter- SA 4979. Mr. McCONNELL (for Mr. INHOFE rorism and acts of terrorism, in accordance (for himself and Mrs. BOXER)) proposed an for us to be sure we are doing all we amendment to the bill S. 2848, to provide for can to keep this poison out of our com- with current law; (2) develop and update a curriculum uti- the conservation and development of water munities. lizing existing programs and models in ac- and related resources, to authorize the Sec- cordance with such section 227, for State and retary of the Army to construct various By Mr. REID: local first responders and officials, related to projects for improvements to rivers and har- S. 3293. A bill to require the Sec- cybersecurity risks and incidents, including bors of the United States, and for other pur- retary of the Interior to transfer to the threats of terrorism and acts of terrorism; poses. Shoshone-Paiute Tribes of the Duck (3) provide technical assistance services to SA 4980. Mr. INHOFE proposed an amend- Valley Reservation investment income build and sustain capabilities in support of ment to amendment SA 4979 proposed by Mr. INHOFE to the bill S. 2848, supra. preparedness for and response to cybersecu- held in certain funds; to the Committee SA 4981. Mr. HELLER (for himself and Mr. rity risks and incidents, including threats of on Indian Affairs. HEINRICH) submitted an amendment intended Mr. REID. Mr. President, I ask unan- terrorism and acts of terrorism, in accord- to be proposed by him to the bill S. 2848, imous consent that the text of the bill ance with such section 227; supra; which was ordered to lie on the table. (4) conduct cross-sector cybersecurity be printed in the RECORD. SA 4982. Mr. BLUMENTHAL (for himself training and simulation exercises for enti- and Mr. MURPHY) submitted an amendment There being no objection, the text of ties, including State and local governments, the bill was ordered to be printed in intended to be proposed by him to the bill S. critical infrastructure owners and operators, 2848, supra; which was ordered to lie on the the RECORD, as follows: and private industry, to encourage commu- table. S. 3293 nity-wide coordination in defending against SA 4983. Mr. BLUMENTHAL submitted an Be it enacted by the Senate and House of Rep- and responding to cybersecurity risks and in- amendment intended to be proposed to resentatives of the United States of America in cidents, including threats of terrorism and amendment SA 4979 proposed by Mr. INHOFE Congress assembled, acts of terrorism, in accordance with sub- to the bill S. 2848, supra; which was ordered SECTION 1. TRANSFER OF INVESTMENT INCOME section (c) of section 228 of the Homeland Se- to lie on the table. TO TRIBES. curity Act of 2002 (6 U.S.C. 149); SA 4984. Mr. BLUNT (for himself and Mrs. Section 10807(e) of the Omnibus Public (5) help States and communities develop MCCASKILL) submitted an amendment in- Land Management Act of 2009 (Public Law cybersecurity information sharing programs, tended to be proposed to amendment SA 4979 111–11; 123 Stat. 1409) is amended— in accordance with section 227 of the Home- proposed by Mr. INHOFE to the bill S. 2848, (1) by striking ‘‘Upon completion’’ and in- land Security Act of 2002, for the dissemina- supra; which was ordered to lie on the table. serting the following: tion of homeland security information re- f ‘‘(1) IN GENERAL.—On completion’’; and lated to cybersecurity risks and incidents, (2) by adding at the end the following: including threats of terrorism and acts of TEXT OF AMENDMENTS ‘‘(2) TRANSFER OF INVESTMENT INCOME.— terrorism; and SA 4979. Mr. McCONNELL (for Mr. The Secretary shall transfer to the Tribes in (6) help incorporate cybersecurity risk and INHOFE (for himself and Mrs. BOXER)) accordance with subsections (f) and (g) any incident prevention and response (including proposed an amendment to the bill S. investment or interest income held in the related to threats of terrorism and acts of 2848, to provide for the conservation Funds, including any investment or interest terrorism) into existing State and local and development of water and related income prior to the completion of the ac- emergency plans, including continuity of op- resources, to authorize the Secretary tions described in section 10808(d), for the use erations plans. of the Tribes in accordance with subsections (c) PROHIBITION ON DUPLICATION.—In car- of the Army to construct various (b)(2) and (c)(2).’’. rying out the functions under subsection (b), projects for improvements to rivers the Secretary of Homeland Security shall, to and harbors of the United States, and By Mr. CORNYN: the greatest extent practicable, seek to pre- for other purposes; as follows:

VerDate Sep 11 2014 02:30 Nov 18, 2016 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD16\SEP2016\S07SE6.REC S07SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5374 CONGRESSIONAL RECORD — SENATE September 7, 2016 Strike all after the enacting clause and in- TITLE II—NAVIGATION TITLE VII—SAFE DRINKING WATER AND sert the following: Sec. 2001. Projects funded by the Inland Wa- CLEAN WATER INFRASTRUCTURE SECTION 1. SHORT TITLE; TABLE OF CONTENTS. terways Trust Fund. Sec. 7001. Definition of Administrator. (a) SHORT TITLE.—This Act may be cited as Sec. 2002. Operation and maintenance of Sec. 7002. Sense of the Senate on appropria- the ‘‘Water Resources Development Act of fuel-taxed inland waterways. tions levels and findings on eco- 2016’’. Sec. 2003. Funding for harbor maintenance nomic impacts. (b) TABLE OF CONTENTS.—The table of con- programs. Subtitle A—Drinking Water tents for this Act is as follows: Sec. 2004. Dredged material disposal. Sec. 7101. Preconstruction work. Sec. 1. Short title; table of contents. Sec. 2005. Cape Arundel disposal site, Maine. Sec. 7102. Priority system requirements. Sec. 2. Definition of Secretary. Sec. 2006. Maintenance of harbors of refuge. Sec. 7103. Administration of State loan Sec. 3. Limitations. Sec. 2007. Aids to navigation. funds. TITLE I—PROGRAM REFORMS Sec. 2008. Beneficial use of dredged material. Sec. 7104. Other authorized activities. Sec. 2009. Operation and maintenance of har- Sec. 7105. Negotiation of contracts. Sec. 1001. Study of water resources develop- bor projects. Sec. 7106. Assistance for small and disadvan- ment projects by non-Federal Sec. 2010. Additional measures at donor taged communities. interests. ports and energy transfer ports. Sec. 7107. Reducing lead in drinking water. Sec. 1002. Advanced funds for water re- Sec. 2011. Harbor deepening. Sec. 7108. Regional liaisons for minority, sources development studies Sec. 2012. Operations and maintenance of in- tribal, and low-income commu- and projects. land Mississippi River ports. nities. Sec. 1003. Authority to accept and use mate- Sec. 2013. Implementation guidance. Sec. 7109. Notice to persons served. rials and services. Sec. 2014. Remote and subsistence harbors. Sec. 7110. Electronic reporting of drinking Sec. 1004. Partnerships with non-Federal en- Sec. 2015. Non-Federal interest dredging au- water data. tities to protect the Federal in- thority. Sec. 7111. Lead testing in school and child vestment. Sec. 2016. Transportation cost savings. care drinking water. Sec. 1005. Non-Federal study and construc- Sec. 2017. Dredged material. Sec. 7112. WaterSense program. tion of projects. TITLE III—SAFETY IMPROVEMENTS Sec. 7113. Water supply cost savings. Sec. 1006. Munitions disposal. Sec. 7114. Small system technical assist- Sec. 3001. Rehabilitation assistance for non- Sec. 1007. Challenge cost-sharing program ance. for management of recreation Federal flood control projects. Sec. 7115. Definition of Indian tribe. facilities. Sec. 3002. Rehabilitation of existing levees. Sec. 7116. Technical assistance for tribal Sec. 1008. Structures and facilities con- Sec. 3003. Maintenance of high risk flood water systems. structed by the Secretary. control projects. Sec. 7117. Requirement for the use of Amer- Sec. 1009. Project completion. Sec. 3004. Rehabilitation of high hazard po- ican materials. Sec. 1010. Contributed funds. tential dams. Subtitle B—Clean Water Sec. 1011. Application of certain benefits and Sec. 3005. Expedited completion of author- costs included in final feasi- ized projects for flood damage Sec. 7201. Sewer overflow control grants. bility studies. reduction. Sec. 7202. Small and medium treatment Sec. 1012. Leveraging Federal infrastructure Sec. 3006. Cumberland River Basin Dam re- works. for increased water supply. pairs. Sec. 7203. Integrated plans. Sec. 1013. New England District head- Sec. 3007. Indian dam safety. Sec. 7204. Green infrastructure promotion. Sec. 7205. Financial capability guidance. quarters. TITLE IV—RIVER BASINS, WATERSHEDS, Sec. 1014. Buffalo District headquarters. AND COASTAL AREAS Subtitle C—Innovative Financing and Promotion of Innovative Technologies Sec. 1015. Completion of ecosystem restora- Sec. 4001. Gulf Coast oyster bed recovery tion projects. plan. Sec. 7301. Water infrastructure public-pri- Sec. 1016. Credit for donated goods. Sec. 4002. Columbia River, South Platte vate partnership pilot program. Sec. 1017. Structural health monitoring. River, and Arkansas River. Sec. 7302. Water infrastructure finance and Sec. 1018. Fish and wildlife mitigation. Sec. 4003. Missouri River. innovation. Sec. 1019. Non-Federal interests. Sec. 7303. Water Infrastructure Investment Sec. 4004. Puget Sound nearshore ecosystem Sec. 1020. Discrete segment. Trust Fund. restoration. Sec. 1021. Funding to process permits. Sec. 7304. Innovative water technology grant Sec. 4005. Ice jam prevention and mitiga- Sec. 1022. International Outreach Program. program. tion. Sec. 1023. Wetlands mitigation. Sec. 7305. Water Resources Research Act Sec. 4006. Chesapeake Bay oyster restora- Sec. 1024. Use of Youth Service and Con- amendments. servation Corps. tion. Sec. 7306. Reauthorization of Water Desali- Sec. 4007. North Atlantic coastal region. Sec. 1025. Debris removal. nation Act of 1996. Sec. 1026. Aquaculture study. Sec. 4008. Rio Grande. Sec. 7307. National drought resilience guide- Sec. 1027. Levee vegetation. Sec. 4009. Texas coastal area. lines. Sec. 1028. Planning assistance to States. Sec. 4010. Upper Mississippi and Illinois Riv- Sec. 7308. Innovation in State water pollu- Sec. 1029. Prioritization. ers flood risk management. tion control revolving loan Sec. 1030. Kennewick Man. Sec. 4011. Salton Sea, California. funds. Sec. 1031. Review of Corps of Engineers as- Sec. 4012. Adjustment. Sec. 7309. Innovation in drinking water sets. Sec. 4013. Coastal resiliency. State revolving loan funds. Sec. 1032. Transfer of excess credit. Sec. 4014. Regional intergovernmental col- laboration on coastal resil- Subtitle D—Drinking Water Disaster Relief Sec. 1033. Surplus water storage. and Infrastructure Investments Sec. 1034. Hurricane and storm damage re- ience. duction. Sec. 4015. South Atlantic coastal study. Sec. 7401. Drinking water infrastructure. Sec. 1035. Fish hatcheries. Sec. 4016. Kanawha River Basin. Sec. 7402. Loan forgiveness. Sec. 1036. Feasibility studies and watershed Sec. 4017. Consideration of full array of Sec. 7403. Registry for lead exposure and ad- assessments. measures for coastal risk reduc- visory committee. Sec. 1037. Shore damage prevention or miti- tion. Sec. 7404. Additional funding for certain gation. Sec. 4018. Waterfront community revitaliza- childhood health programs. Sec. 7405. Review and report. Sec. 1038. Enhancing lake recreation oppor- tion and resiliency. tunities. TITLE V—DEAUTHORIZATIONS Subtitle E—Report on Groundwater Contamination Sec. 1039. Cost estimates. Sec. 5001. Deauthorizations. Sec. 1040. Tribal partnership program. Sec. 5002. Conveyances. Sec. 7501. Definitions. Sec. 1041. Cost sharing for territories and In- Sec. 7502. Report on groundwater contami- dian tribes. TITLE VI—WATER RESOURCES nation. INFRASTRUCTURE Sec. 1042. Local government water manage- Subtitle F—Restoration ment plans. Sec. 6001. Authorization of final feasibility PART I—GREAT LAKES RESTORATION Sec. 1043. Credit in lieu of reimbursement. studies. INITIATIVE Sec. 1044. Retroactive changes to cost-shar- Sec. 6002. Authorization of project modifica- ing agreements. tions recommended by the Sec- Sec. 7611. Great Lakes Restoration Initia- Sec. 1045. Easements for electric, telephone, retary. tive. or broadband service facilities Sec. 6003. Authorization of study and modi- PART II—LAKE TAHOE RESTORATION eligible for financing under the fication proposals submitted to Sec. 7621. Findings and purposes. Rural Electrification Act of Congress by the Secretary. Sec. 7622. Definitions. 1936. Sec. 6004. Expedited completion of reports. Sec. 7623. Improved administration of the Sec. 1046. Study on the performance of inno- Sec. 6005. Extension of expedited consider- Lake Tahoe Basin Management vative materials. ation in Senate. Unit.

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0655 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5375 Sec. 7624. Authorized programs. (B) by striking ‘‘from appropriations which (1) in subsection (a), in the matter pre- Sec. 7625. Program performance and ac- may be provided by Congress for flood-con- ceding paragraph (1), by inserting ‘‘, at full countability. trol work’’ and inserting ‘‘if specific appro- Federal expense,’’ after ‘‘The Secretary Sec. 7626. Conforming amendments; updates priations are provided by Congress for such may’’; and to related laws. purpose’’; and (2) in subsection (b), by striking ‘‘funded’’ Sec. 7627. Authorization of appropriations. (3) by adding at the end the following: and inserting ‘‘reimbursed’’. Sec. 7628. Land transfers to improve man- ‘‘(c) DEFINITION OF STATE.—In this section, SEC. 1007. CHALLENGE COST-SHARING PROGRAM agement efficiencies of Federal the term ‘State’ means— FOR MANAGEMENT OF RECREATION and State land. ‘‘(1) a State; FACILITIES. PART III—LONG ISLAND SOUND RESTORATION ‘‘(2) the District of Columbia; Section 225 of the Water Resources Devel- Sec. 7631. Restoration and stewardship pro- ‘‘(3) the Commonwealth of Puerto Rico; opment Act of 1992 (33 U.S.C. 2328) is amend- grams. ‘‘(4) any other territory or possession of ed— Sec. 7632. Reauthorization. the United States; and (1) by redesignating subsection (c) as sub- ‘‘(5) a federally recognized Indian tribe or a section (d); and PART IV—DELAWARE RIVER BASIN Native village, Regional Corporation, or Vil- (2) by inserting after subsection (b) the fol- CONSERVATION lage Corporation (as those terms are defined lowing: Sec. 7641. Findings. in section 3 of the Alaska Native Claims Set- ‘‘(c) USER FEES.— Sec. 7642. Definitions. tlement Act (43 U.S.C. 1602)).’’. ‘‘(1) COLLECTION OF FEES.— Sec. 7643. Program establishment. ‘‘(A) IN GENERAL.—The Secretary may Sec. 7644. Grants and assistance. SEC. 1003. AUTHORITY TO ACCEPT AND USE MA- TERIALS AND SERVICES. allow a non-Federal public or private entity Sec. 7645. Annual reports. that has entered into an agreement pursuant Sec. 7646. Authorization of appropriations. Section 1024 of the Water Resources Re- form and Development Act of 2014 (33 U.S.C. to subsection (b) to collect user fees for the Subtitle G—Offset 2325a) is amended— use of developed recreation sites and facili- Sec. 7701. Offset. (1) by striking subsection (a) and inserting ties, whether developed or constructed by TITLE VIII—MISCELLANEOUS the following: that entity or the Department of the Army. PROVISIONS ‘‘(a) IN GENERAL.—Subject to subsection ‘‘(B) USE OF VISITOR RESERVATION SERV- Sec. 8001. Approval of State programs for (b), the Secretary is authorized to accept and ICES.—A public or private entity described in control of coal combustion re- use materials, services, or funds contributed subparagraph (A) may use to manage fee col- by a non-Federal public entity, a nonprofit siduals. lections and reservations under this section Sec. 8002. Choctaw Nation of Oklahoma and entity, or a private entity to repair, restore, any visitor reservation service that the Sec- replace, or maintain a water resources the Chickasaw Nation water retary has provided for by contract or inter- project in any case in which the District settlement. agency agreement, subject to such terms and Commander determines that— conditions as the Secretary determines to be SEC. 2. DEFINITION OF SECRETARY. ‘‘(1) there is a risk of adverse impacts to appropriate. In this Act, the term ‘‘Secretary’’ means the functioning of the project for the author- ‘‘(2) USE OF FEES.—A non-Federal public or the Secretary of the Army. ized purposes of the project; and private entity that collects user fees under SEC. 3. LIMITATIONS. ‘‘(2) acceptance of the materials and serv- paragraph (1) may— Nothing in this Act— ices or funds is in the public interest.’’; and ‘‘(A) retain up to 100 percent of the fees (1) supersedes or modifies any written (2) in subsection (c), in the matter pre- collected, as determined by the Secretary; agreement between the Federal Government ceding paragraph (1)— and and a non-Federal interest that is in effect (A) by striking ‘‘Not later than 60 days ‘‘(B) notwithstanding section 210(b)(4) of on the date of enactment of this Act; after initiating an activity under this sec- the Flood Control Act of 1968 (16 U.S.C. 460d– (2) supersedes or authorizes any amend- tion,’’ and inserting ‘‘Not later than Feb- 3(b)(4)), use that amount for operation, main- ment to a multistate water control plan, in- ruary 1 of each year after the first fiscal year tenance, and management at the recreation cluding the Missouri River Master Water in which materials, services, or funds are ac- site at which the fee is collected. Control Manual (as in effect on the date of cepted under this section,’’; and ‘‘(3) TERMS AND CONDITIONS.—The authority enactment of this Act); (B) by striking ‘‘a report’’ and inserting of a non-Federal public or private entity (3) affects any water right in existence on ‘‘an annual report’’. under this subsection shall be subject to the date of enactment of this Act; SEC. 1004. PARTNERSHIPS WITH NON-FEDERAL such terms and conditions as the Secretary (4) preempts or affects any State water law ENTITIES TO PROTECT THE FED- determines necessary to protect the inter- or interstate compact governing water; or ERAL INVESTMENT. ests of the United States.’’. N ENERAL (5) affects any authority of a State, as in (a) I G .—Subject to subsection (c), SEC. 1008. STRUCTURES AND FACILITIES CON- effect on the date of enactment of this Act, the Secretary is authorized to partner with a STRUCTED BY THE SECRETARY. to manage water resources within the State. non-Federal interest for the maintenance of Section 14 of the Act of March 3, 1899 (33 TITLE I—PROGRAM REFORMS a water resources project to ensure that the U.S.C. 408) (commonly known as the ‘‘Rivers project will continue to function for the au- and Harbors Act of 1899’’), is amended— SEC. 1001. STUDY OF WATER RESOURCES DEVEL- thorized purposes of the project. OPMENT PROJECTS BY NON-FED- (1) by striking ‘‘That it shall not be law- (b) FORM OF PARTNERSHIP.—Under a part- ERAL INTERESTS. ful’’ and inserting the following: nership referred to in subsection (a), the Sec- Section 203 of the Water Resources Devel- ‘‘(a) PROHIBITIONS AND PERMISSIONS.—It retary is authorized to accept and use funds, opment Act of 1986 (33 U.S.C. 2231) is amend- shall not be lawful’’; and materials, and services contributed by the ed by adding at the end the following: (2) by adding at the end the following: non-Federal interest. ‘‘(e) TECHNICAL ASSISTANCE.—On the re- ‘‘(b) CONCURRENT REVIEW.— (c) NO CREDIT OR REIMBURSEMENT.—Any ‘‘(1) NEPA REVIEW.— quest of a non-Federal interest, the Sec- entity that contributes materials, services, ‘‘(A) IN GENERAL.—In any case in which an retary may provide technical assistance re- or funds under this section shall not be eligi- activity subject to this section requires a re- lating to any aspect of the feasibility study ble for credit, reimbursement, or repayment view under the National Environmental Pol- if the non-Federal interest contracts with for the value of those materials, services, or icy Act of 1969 (42 U.S.C. 4321 et seq.), review the Secretary to pay all costs of providing funds. the technical assistance.’’. and approval under this section shall, to the SEC. 1005. NON-FEDERAL STUDY AND CONSTRUC- maximum extent practicable, occur concur- SEC. 1002. ADVANCED FUNDS FOR WATER RE- TION OF PROJECTS. rently with any review and decisions made SOURCES DEVELOPMENT STUDIES (a) IN GENERAL.—The Secretary may ac- AND PROJECTS. cept and expend funds provided by non-Fed- under that Act. The Act of October 15, 1940 (33 U.S.C. 701h– eral interests to undertake reviews, inspec- ‘‘(B) CORPS OF ENGINEERS AS A COOPERATING 1), is amended— tions, monitoring, and other Federal activi- AGENCY.—If the Corps of Engineers is not the (1) in the first sentence— ties related to non-Federal interests car- lead Federal agency for an environmental re- (A) by striking ‘‘Whenever any’’ and in- rying out the study, design, or construction view described in subparagraph (A), the Chief serting the following: of water resources development projects of Engineers shall, to the maximum extent ‘‘(a) IN GENERAL.—Whenever any’’; under section 203 or 204 of the Water Re- practicable— (B) by striking ‘‘a flood-control project sources Development Act of 1986 (33 U.S.C. ‘‘(i) participate in the review as a cooper- duly adopted and authorized by law’’ and in- 2231, 2232) or any other Federal law. ating agency (unless the Chief of Engineers serting ‘‘an authorized water resources de- (b) INCLUSION IN COSTS.—In determining does not intend to submit comments on the velopment study or project,’’; and credit or reimbursement, the Secretary may project); and (C) by striking ‘‘such work’’ and inserting include the amount of funds provided by a ‘‘(ii) adopt and use any environmental doc- ‘‘such study or project’’; non-Federal interest under this section as a ument prepared under the National Environ- (2) in the second sentence— cost of the study, design, or construction. mental Policy Act of 1969 (42 U.S.C. 4321 et (A) by striking ‘‘The Secretary of the SEC. 1006. MUNITIONS DISPOSAL. seq.) by the lead agency to the same extent Army’’ and inserting the following: Section 1027 of the Water Resources Re- that a Federal agency could adopt or use a ‘‘(b) REPAYMENT.—The Secretary of the form and Development Act of 2014 (33 U.S.C. document prepared by another Federal agen- Army’’; and 426e–2) is amended— cy under—

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5376 CONGRESSIONAL RECORD — SENATE September 7, 2016 ‘‘(I) the National Environmental Policy tion 5 of the Act of June 22, 1936 (33 U.S.C. ments under law, including consultation Act of 1969 (42 U.S.C. 4321 et seq.); and 701h) (commonly known as the ‘Flood Con- with— ‘‘(II) parts 1500 through 1508 of title 40, trol Act of 1936’); and (A) affected States; Code of Federal Regulations (or successor ‘‘(2) includes information on the projects (B) Power Marketing Administrations, in regulations). and amounts of contributed funds referred to the case of reservoirs with Federal hydro- ‘‘(2) REVIEWS BY SECRETARY.—In any case in paragraph (1).’’. power projects; in which the Secretary of the Army is re- SEC. 1011. APPLICATION OF CERTAIN BENEFITS (C) entities responsible for operation and quired to approve an action under this sec- AND COSTS INCLUDED IN FINAL maintenance costs; tion and under another authority, including FEASIBILITY STUDIES. (D) any entity that has a contractual right sections 9 and 10 of this Act, section 404 of (a) IN GENERAL.—For a navigation project from the Federal Government or a State to the Federal Water Pollution Control Act (33 authorized after November 7, 2007, involving withdraw water from, or use storage at, the U.S.C. 1344), and section 103 of the Marine offshore oil and gas fabrication ports, the project; Protection, Research, and Sanctuaries Act of recommended plan by the Chief of Engineers (E) entities that the State determines hold 1972 (33 U.S.C. 1413), the Secretary shall— shall be the plan that uses the value of fu- rights under State law to the use of water ‘‘(A) coordinate the reviews and, to the ture energy exploration and production fab- from the project; and maximum extent practicable, carry out the rication contracts and the transportation (F) units of local government with flood reviews concurrently; and savings that would result from a larger navi- risk reduction responsibilities downstream ‘‘(B) adopt and use any document prepared gation channel in accordance with section of the project. by the Corps of Engineers for the purpose of 6009 of the Emergency Supplemental Appro- (f) AUTHORITIES.—A proposal submitted to complying with the same law and that ad- priations Act for Defense, the Global War on the Secretary under subsection (a) may be dresses the same types of impacts in the Terror, and Tsunami Relief, 2005 (Public Law reviewed and approved, if applicable and ap- same geographic area if the document, as de- 109–13; 119 Stat. 282). propriate, under— termined by the Secretary, is current and (b) SPECIAL RULE.—In addition to projects (1) the specific authorization for the water applicable. described in subsection (a), this section shall resources project; (2) section 216 of the Flood Control Act of ‘‘(3) CONTRIBUTED FUNDS.—The Secretary of apply to— the Army may accept and expend funds re- (1) a project that has undergone an eco- 1970 (33 U.S.C. 549a); (3) section 301 of the Water Supply Act of ceived from non-Federal public or private en- nomic benefits update; and 1958 (43 U.S.C. 390b); and tities to evaluate under this section an alter- (2) at the request of the non-Federal spon- (4) section 14 of the Act of March 3, 1899 ation or permanent occupation or use of a sor, any ongoing feasibility study for which (commonly known as the ‘‘Rivers and Har- work built by the United States.’’. the benefits under section 6009 of the Emer- bors Act of 1899’’) (33 U.S.C. 408). SEC. 1009. PROJECT COMPLETION. gency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsu- (g) LIMITATIONS.—The Secretary shall not For any project authorized under section approve a proposal submitted under sub- 219 of the Water Resources Development Act nami Relief, 2005 (Public Law 109–13; 119 Stat. 282) may apply. section (a) that— of 1992 (Public Law 102–580; 106 Stat. 4835), (1) is not supported by the Federal agency SEC. 1012. LEVERAGING FEDERAL INFRASTRUC- the authorization of appropriations is in- that owns the project if the owner is not the creased by the amount, including in incre- TURE FOR INCREASED WATER SUP- PLY. Secretary; ments, necessary to allow completion of the (a) IN GENERAL.—At the request of a non- (2) interferes with an authorized purpose of project if— Federal interest, the Secretary may review the project; (1) as of the date of enactment of this Act, proposals to increase the quantity of avail- (3) adversely impacts contractual rights to the project has received more than $4,000,000 able supplies of water at Federal water re- water or storage at the reservoir; in Federal appropriations and those appro- sources projects through— (4) adversely impacts legal rights to water priations equal an amount that is greater (1) modification of a water resources under State law, as determined by an af- than 80 percent of the authorized amount; project; fected State; (2) significant progress has been dem- (2) modification of how a project is man- (5) increases costs for any entity other onstrated toward completion of the project aged; or than the entity that submitted the proposal; or segments of the project but the project is (3) accessing water released from a project. or not complete as of the date of enactment of (b) PROPOSALS INCLUDED.—A proposal (6) if a project is subject to section 301(e) of this Act; and under subsection (a) may include— the Water Supply Act of 1958 (43 U.S.C. (3) the benefits of the Federal investment (1) increasing the storage capacity of the 390b(e)), makes modifications to the project will not be realized without an increase in project; that do not meet the requirements of that the authorization of appropriations to allow (2) diversion of water released or with- section unless the modification is submitted completion of the project. drawn from the project— to and authorized by Congress. SEC. 1010. CONTRIBUTED FUNDS. (A) to recharge groundwater; (h) COST SHARE.— (a) CONTRIBUTED FUNDS.—Section 5 of the (B) to aquifer storage and recovery; or (1) IN GENERAL.—Except as provided in Act of June 22, 1936 (33 U.S.C. 701h) (com- (C) to any other storage facility; paragraph (2), 100 percent of the cost of de- monly known as the ‘‘Flood Control Act of (3) construction of facilities for delivery of veloping, reviewing, and implementing a pro- 1936’’), is amended— water from pumping stations constructed by posal submitted under subsection (a) shall be (1) by striking ‘‘funds appropriated by the the Secretary; provided by an entity other than the Federal United States for’’; and (4) construction of facilities to access Government. (2) in the first proviso, by inserting after water; and (2) PLANNING ASSISTANCE TO STATES.—In ‘‘authorized purposes of the project:’’ the fol- (5) a combination of the activities de- the case of a proposal from an entity author- lowing: ‘‘Provided further, That the Secretary scribed in paragraphs (1) through (4). ized to receive assistance under section 22 of may receive and expend funds from a State (c) EXCLUSIONS.—This section shall not the Water Resources Development Act of or a political subdivision of a State and apply to a proposal that— 1974 (42 U.S.C. 1962d-16), the Secretary may other non-Federal interests to formulate, re- (1) reallocates existing water supply or hy- use funds available under that section to pay view, or revise operational documents for dropower storage; or 50 percent of the cost of a review of a pro- any reservoir owned and operated by the (2) reduces water available for any author- posal submitted under subsection (a). Secretary (other than reservoirs in the ized project purpose. (3) OPERATION AND MAINTENANCE COSTS.— Upper Missouri River, the Apalachicola- (d) OTHER FEDERAL PROJECTS.—In any case (A) IN GENERAL.—Except as provided in Chattahoochee-Flint River system, the Ala- in which a proposal relates to a Federal subparagraphs (B) and (C), the operation and bama-Coosa-Tallapoosa River system, and project that is not owned by the Secretary, maintenance costs for the non-Federal spon- the Stones River):’’ this section shall apply only to activities sor of a proposal submitted under subsection (b) REPORT.—Section 1015 of the Water Re- under the authority of the Secretary. (a) shall be 100 percent of the separable oper- sources Reform and Development Act of 2014 (e) REVIEW PROCESS.— ation and maintenance costs associated with is amended by striking subsection (b) (33 (1) NOTICE.—On receipt of a proposal sub- the costs of implementing the proposal. U.S.C. 701h note; Public Law 113–121) and in- mitted under subsection (a), the Secretary (B) CERTAIN WATER SUPPLY STORAGE serting the following: shall provide a copy of the proposal to each PROJECTS.—For a proposal submitted under ‘‘(b) REPORT.—Not later than February 1 of entity described in paragraph (2) and if appli- subsection (a) for constructing additional each year, the Secretary shall submit to the cable, the Federal agency that owns the water supply storage at a reservoir for use Committees on Environment and Public project, in the case of a project owned by an under a water supply storage agreement, in Works and Appropriations of the Senate and agency other than the Department of the addition to the costs under subparagraph the Committees on Transportation and In- Army. (A), the non-Federal costs shall include the frastructure and Appropriations of the House (2) PUBLIC PARTICIPATION.—In reviewing proportional share of any joint-use costs for of Representatives a report that— proposals submitted under subsection (a), operation, maintenance, repair, replacement, ‘‘(1) describes the number of agreements and prior to making any decisions regarding or rehabilitation of the reservoir project de- executed in the previous fiscal year for the a proposal, the Secretary shall comply with termined in accordance with section 301 of acceptance of contributed funds under sec- all applicable public participation require- the Water Supply Act of 1958 (43 U.S.C. 390b).

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(C) VOLUNTARY CONTRIBUTIONS.—An entity ‘‘(2) the physical action to be undertaken rangements or to acquire interests in land other than an entity described in subpara- to achieve the restoration objectives of the necessary for meeting mitigation require- graph (A) may voluntarily contribute to the project; ments under this section. costs of implementing a proposal submitted ‘‘(3) the functions and values that will re- ‘‘(k) MEASURES.—The Secretary shall con- under subsection (a). sult from the restoration plan; and sult with interested members of the public, (i) CONTRIBUTED FUNDS.—The Secretary ‘‘(4) a contingency plan for taking correc- the Director of the United States Fish and may receive and expend funds contributed by tive actions in cases in which monitoring Wildlife Service, the Assistant Adminis- a non-Federal interest for the review and ap- demonstrates that restoration measures are trator for Fisheries of the National Oceanic proval of a proposal submitted under sub- not achieving ecological success in accord- and Atmospheric Administration, States, in- section (a). ance with criteria described in the moni- cluding State fish and game departments, (j) ASSISTANCE.—On request by a non-Fed- toring plan. and interested local governments to identify eral interest, the Secretary may provide ‘‘(e) CONCLUSION OF OPERATION AND MAIN- standard measures under subsection (h)(6)(C) technical assistance in the development or TENANCE RESPONSIBILITY.—The responsibility that reflect the best available scientific in- implementation of a proposal under sub- of the non-Federal sponsor for operation, formation for evaluating habitat section (a), including assistance in obtaining maintenance, repair, replacement, and reha- connectivity.’’. necessary permits for construction, if the bilitation of the ecosystem restoration SEC. 1019. NON-FEDERAL INTERESTS. non-Federal interest contracts with the Sec- project shall cease 10 years after the date on Section 221(b)(1) of the Flood Control Act retary to pay all costs of providing the tech- which the Secretary makes a determination of 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended nical assistance. of success under subsection (b)(2).’’. by inserting ‘‘or a Native village, Regional (k) EXCLUSION.—This section shall not SEC. 1016. CREDIT FOR DONATED GOODS. Corporation, or Village Corporation (as those apply to reservoirs in— Section 221(a)(4)(D)(iv) of the Flood Con- terms are defined in section 3 of the Alaska (1) the Upper Missouri River; trol Act of 1970 (42 U.S.C. 1962d- Native Claims Settlement Act (43 U.S.C. (2) the Apalachicola-Chattahoochee-Flint 5b(a)(4)(D)(iv)) is amended— 1602))’’ after ‘‘Indian tribe’’. river system; (1) by inserting ‘‘regardless of the cost in- SEC. 1020. DISCRETE SEGMENT. (3) the Alabama-Coosa-Tallapoosa river curred by the non-Federal interest,’’ before Section 204 of the Water Resources Devel- system; and ‘‘shall not’’; and opment Act of 1986 (33 U.S.C. 2232) is amend- (4) the Stones River. (2) by striking ‘‘costs’’ and inserting ed— SEC. 1013. NEW ENGLAND DISTRICT HEAD- ‘‘value’’. (1) by striking ‘‘project or separable ele- QUARTERS. SEC. 1017. STRUCTURAL HEALTH MONITORING. ment’’ each place it appears and inserting (a) IN GENERAL.—Subject to subsection (b), (a) IN GENERAL.—The Secretary shall de- ‘‘project, separable element, or discrete seg- using amounts available in the revolving sign and develop a structural health moni- ment’’; fund established by section 101 of the Civil toring program to assess and improve the (2) by striking ‘‘project, or separable ele- Functions Appropriations Act, 1954 (33 U.S.C. condition of infrastructure constructed and ment thereof,’’ each place it appears and in- 576) and not otherwise obligated, the Sec- maintained by the Corps of Engineers, in- serting ‘‘project, separable element, or dis- retary may— cluding research, design, and development of crete segment of a project’’; (1) design, renovate, and construct addi- systems and frameworks for— (3) in subsection (a)— tions to 2 buildings located on Hanscom Air (1) response to flood and earthquake (A) by redesignating paragraphs (1) Force Base in Bedford, Massachusetts for the events; through (3) as subparagraphs (A) through (C), headquarters of the New England District of (2) pre-disaster mitigation measures; respectively, and indenting appropriately; the Army Corps of Engineers; and (3) lengthening the useful life of the infra- and (2) carry out such construction and infra- structure; and (B) by striking the subsection designation structure improvements as are required to (4) identifying risks due to sea level rise. and all that follows through ‘‘In this section, support the headquarters of the New England (b) CONSULTATION AND CONSIDERATION.—In the’’ and inserting the following: District of the Army Corps of Engineers, in- developing the program under subsection (a), ‘‘(a) DEFINITIONS.—In this section: cluding any necessary demolition of the ex- the Secretary shall— ‘‘(1) DISCRETE SEGMENT.—The term ‘dis- isting infrastructure. (1) consult with academic and other ex- crete segment’, with respect to a project, (b) REQUIREMENT.—In carrying out sub- perts; and means a physical portion of the project, as section (a), the Secretary shall ensure that (2) consider models for maintenance and described in design documents, that is envi- the revolving fund established by section 101 repair information, the development of deg- ronmentally acceptable, is complete, will of the Civil Functions Appropriations Act, radation models for real-time measurements not create a hazard, and functions independ- 1954 (33 U.S.C. 576) is appropriately reim- and environmental inputs, and research on ently so that the non-Federal sponsor can bursed from funds appropriated for programs qualitative inspection data as surrogate sen- operate and maintain the discrete segment that receive a benefit under this section. sors. in advance of completion of the total project SEC. 1014. BUFFALO DISTRICT HEADQUARTERS. SEC. 1018. FISH AND WILDLIFE MITIGATION. or separable element of the project. (a) IN GENERAL.—Subject to subsection (b), Section 906 of the Water Resources Devel- ‘‘(2) WATER RESOURCES DEVELOPMENT using amounts available in the revolving opment Act of 1986 (33 U.S.C. 2283) is amend- PROJECT.—The’’; fund established by section 101 of the Civil ed— (4) in subsection (b)(1), in the matter pre- Functions Appropriations Act, 1954 (33 U.S.C. (1) in subsection (h)— ceding subparagraph (A), by striking 576) and not otherwise obligated, the Sec- (A) in paragraph (4)— ‘‘project, or separate element thereof’’ and retary may— (i) by redesignating subparagraphs (D) and inserting ‘‘project, separable element, or dis- (1) design and construct a new building in (E) as subparagraphs (E) and (F), respec- crete segment of a project’’; and Buffalo, New York, for the headquarters of tively; and (5) in subsection (d)— the Buffalo District of the Army Corps of En- (ii) by inserting after subparagraph (C) the (A) in paragraph (3)(B), in the matter pre- gineers; and following: ceding clause (i), by striking ‘‘project’’ and (2) carry out such construction and infra- ‘‘(D) include measures to protect or restore inserting ‘‘project, separable element, or dis- structure improvements as are required to habitat connectivity’’; crete segment’’; support the headquarters and related instal- (B) in paragraph (6)(C), by striking ‘‘im- (B) in paragraph (4), in the matter pre- lations and facilities of the Buffalo District pacts’’ and inserting ‘‘impacts, including im- ceding subparagraph (A), by striking of the Army Corps of Engineers, including pacts to habitat connectivity’’; and ‘‘project, or a separable element of a water any necessary demolition or renovation of (C) by striking paragraph (11) and inserting resources development project,’’ and insert- the existing infrastructure. the following: ing ‘‘project, separable element, or discrete (b) REQUIREMENT.—In carrying out sub- ‘‘(11) EFFECT.—Nothing in this subsection— segment of a project’’; and section (a), the Secretary shall ensure that ‘‘(A) requires the Secretary to undertake (C) by adding at the end the following: the revolving fund established by section 101 additional mitigation for existing projects ‘‘(5) REPAYMENT OF REIMBURSEMENT.—If the of the Civil Functions Appropriations Act, for which mitigation has already been initi- non-Federal interest receives reimbursement 1954 (33 U.S.C. 576) is appropriately reim- ated, including the addition of fish passage for a discrete segment of a project and fails bursed from funds appropriated for programs to an existing water resources development to complete the entire project or separable that receive a benefit under this section. project; or element of the project, the non-Federal in- SEC. 1015. COMPLETION OF ECOSYSTEM RES- ‘‘(B) affects the mitigation responsibilities terest shall repay to the Secretary the TORATION PROJECTS. of the Secretary under any other provision of amount of the reimbursement, plus inter- Section 2039 of the Water Resources Devel- law.’’; and est.’’. opment Act of 2007 (33 U.S.C. 2330a) is amend- (2) by adding at the end the following: SEC. 1021. FUNDING TO PROCESS PERMITS. ed by adding at the end the following: ‘‘(j) USE OF FUNDS.—The Secretary may Section 214(a) of the Water Resources De- ‘‘(d) INCLUSIONS.—A monitoring plan under use funds made available for preconstruction velopment Act of 2000 (33 U.S.C. 2352(a)) is subsection (b) shall include a description of— engineering and design prior to authoriza- amended— ‘‘(1) the types and number of restoration tion of project construction to satisfy miti- (1) in paragraph (1), by adding at the end activities to be conducted; gation requirements through third-party ar- the following:

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‘‘(C) RAIL CARRIER.—The term ‘rail carrier’ (2) by striking ‘‘accumulated snags and (ii) in subparagraph (A)(ii), by striking has the meaning given the term in section other debris’’ and inserting ‘‘accumulated ‘‘that—’’ and all that follows through ‘‘(II)’’ 10102 of title 49, United States Code.’’; snags, obstructions, and other debris located and inserting ‘‘that’’; and (2) in paragraph (2), by striking ‘‘or natural in or adjacent to a Federal channel’’; and (2) in subsection (b)— gas company’’ and inserting ‘‘, natural gas (3) by striking ‘‘or flood control’’ and in- (A) in paragraph (1), by redesignating sub- company, or rail carrier’’; serting ‘‘, flood control, or recreation’’. paragraphs (A) through (C) as clauses (i) (3) in paragraph (3), by striking ‘‘or natural SEC. 1026. AQUACULTURE STUDY. through (iii), respectively, and indenting ap- gas company’’ and inserting ‘‘, natural gas (a) IN GENERAL.—The Comptroller General propriately; company, or rail carrier’’; and shall carry out an assessment of the shellfish (B) by redesignating paragraphs (1) and (2) (4) in paragraph (5), by striking ‘‘and nat- aquaculture industry, including— as subparagraphs (A) and (B), respectively, ural gas companies’’ and inserting ‘‘, natural (1) an examination of Federal and State and indenting appropriately; gas companies, and rail carriers, including laws (including regulations) in each relevant (C) in the matter preceding subparagraph an evaluation of the compliance with all re- district of the Corps of Engineers; (A) (as so redesignated), by striking ‘‘For’’ quirements of this section and, with respect (2) the number of shellfish aquaculture and inserting the following: to a permit for those entities, the require- leases, verifications, or permits in place in ‘‘(1) IN GENERAL.—For’’; and ments of all applicable Federal laws’’. each relevant district of the Corps of Engi- (D) by adding at the end the following: SEC. 1022. INTERNATIONAL OUTREACH PRO- neers; ‘‘(2) EXPEDITED CONSIDERATION OF CUR- GRAM. (3) the period of time required to secure a RENTLY AUTHORIZED PROGRAMMATIC AUTHORI- Section 401 of the Water Resources Devel- shellfish aquaculture lease, verification, or TIES.—Not later than 180 days after the date opment Act of 1992 (33 U.S.C. 2329) is amend- permit from each relevant jurisdiction; and of enactment of the Water Resources Devel- ed by striking subsection (a) and inserting (4) the experience of the private sector in opment Act of 2016, the Secretary shall sub- the following: applying for shellfish aquaculture permits mit to the Committee on Environment and ‘‘(a) AUTHORIZATION.— from different jurisdictions of the Corps of Public Works of the Senate and the Com- ‘‘(1) IN GENERAL.—The Secretary may en- Engineers and different States. mittee on Transportation and Infrastructure gage in activities to inform the United (b) STUDY AREA.—The study area shall of the House of Representatives a report that States of technological innovations abroad comprise, to the maximum extent prac- contains— that could significantly improve water re- ticable, the following applicable locations: ‘‘(A) a list of all programmatic authorities sources development in the United States. (1) The Chesapeake Bay. for aquatic ecosystem restoration or im- ‘‘(2) INCLUSIONS.—Activities under para- (2) The Gulf Coast States. provement of the environment that— graph (1) may include— (3) The State of California. ‘‘(i) were authorized or modified in the ‘‘(A) development, monitoring, assessment, (4) The State of Washington. Water Resources Development Act of 2007 and dissemination of information about for- (c) FINDINGS.—Not later than 225 days after (Public Law 110–114; 121 Stat. 1041) or any eign water resources projects that could sig- the date of enactment of this Act, the Comp- subsequent Act; and nificantly improve water resources develop- troller General shall submit to the Commit- ‘‘(ii) that meet the criteria described in ment in the United States; tees on Environment and Public Works and paragraph (1); and ‘‘(B) research, development, training, and on Energy and Natural Resources of the Sen- ‘‘(B) a plan for expeditiously completing other forms of technology transfer and ex- ate and the Committees on Transportation the projects under the authorities described change; and and Infrastructure and on Natural Resources in subparagraph (A), subject to available ‘‘(C) offering technical services that can- of the House of Representatives a report con- funding.’’. not be readily obtained in the private sector taining the findings of the assessment con- SEC. 1030. KENNEWICK MAN. to be incorporated into water resources ducted under subsection (a). (a) DEFINITIONS.—In this section: projects if the costs for assistance will be re- SEC. 1027. LEVEE VEGETATION. (1) CLAIMANT TRIBES.—The term ‘‘claimant covered under the terms of each project.’’. (a) IN GENERAL.—Section 3013(g)(1) of the tribes’’ means the Indian tribes and band re- SEC. 1023. WETLANDS MITIGATION. Water Resources Reform and Development ferred to in the letter from Secretary of the Section 2036(c) of the Water Resources De- Act of 2014 (33 U.S.C. 701n note; Public Law Interior Bruce Babbitt to Secretary of the velopment Act of 2007 (33 U.S.C. 2317b) is 113–121) is amended— Army Louis Caldera, relating to the human amended by adding at the end the following: (1) by inserting ‘‘remove existing vegeta- remains and dated September 21, 2000. ‘‘(4) MITIGATION BANKS.— tion or’’ after ‘‘the Secretary shall not’’; and (2) DEPARTMENT.—The term ‘‘Department’’ ‘‘(A) IN GENERAL.—Not later than 180 days (2) by striking ‘‘as a condition or require- means the Washington State Department of after the date of enactment of this para- ment for any approval or funding of a Archaeology and Historic Preservation. graph, the Secretary shall issue implementa- project, or any other action’’. (3) HUMAN REMAINS.—The term ‘‘human re- tion guidance that provides for the consider- (b) REPORT.—Not later than 30 days after mains’’ means the human remains that— ation of the entire amount of potential cred- the enactment of this Act, the Secretary (A) are known as Kennewick Man or the its available at in-kind, in-basin mitigation shall submit to the Committee on Environ- Ancient One, which includes the projectile banks and in-lieu fee programs for water re- ment and Public Works of the Senate and point lodged in the right ilium bone, as well source development project feasibility stud- the Committee on Transportation and Infra- as any residue from previous sampling and ies. structure of the House of Representatives a studies; and ‘‘(B) REQUIREMENTS.—All potential mitiga- report that— (B) are part of archaeological collection tion bank and in-lieu fee credits shall be con- (1) describes the reasons for the failure of number 45BN495. sidered a reasonable alternative for planning the Secretary to meet the deadlines in sub- (b) TRANSFER.—Notwithstanding any other purposes if the applicable mitigation bank— section (f) of section 3013 of the Water Re- provision of Federal law, including the Na- ‘‘(i) has an approved mitigation banking sources Reform and Development Act of 2014 tive American Graves Protection and Repa- instrument; and (33 U.S.C. 701n note; Public Law 113–121); and triation Act (25 U.S.C. 3001 et seq.), or law of ‘‘(ii) has completed a functional analysis of (2) provides a plan for completion of the ac- the State of Washington, not later than 90 the potential credits using the approved tivities required in that subsection (f). days after the date of enactment of this Act, Corps of Engineers certified habitat assess- SEC. 1028. PLANNING ASSISTANCE TO STATES. the Secretary, acting through the Chief of ment model specific to the region.’’. Section 22(a)(1) of the Water Resources De- Engineers, shall transfer the human remains SEC. 1024. USE OF YOUTH SERVICE AND CON- velopment Act of 1974 (42 U.S.C. 1962d- to the Department, on the condition that the SERVATION CORPS. 16(a)(1)) is amended— Department, acting through the State His- Section 213 of the Water Resources Devel- (1) by inserting ‘‘, a group of States, or a opment Act of 2000 (33 U.S.C. 2339) is amend- toric Preservation Officer, disposes of the re- regional or national consortia of States’’ ed by adding at the end the following: mains and repatriates the remains to claim- ‘‘(d) YOUTH SERVICE AND CONSERVATION after ‘‘working with a State’’; and ant tribes. CORPS.—The Secretary shall encourage each (2) by striking ‘‘located within the bound- (c) COST.—The Corps of Engineers shall be district of the Corps of Engineers to enter aries of such State’’. responsible for any costs associated with the into cooperative agreements authorized SEC. 1029. PRIORITIZATION. transfer. under this section with qualified youth serv- Section 1011 of the Water Resources Re- (d) LIMITATIONS.— ice and conservation corps to perform appro- form and Development Act of 2014 (33 U.S.C. (1) IN GENERAL.—The transfer shall be lim- priate projects.’’. 2341a) is amended— ited solely to the human remains portion of SEC. 1025. DEBRIS REMOVAL. (1) in subsection (a)— the archaeological collection. Section 3 of the Act entitled ‘‘An Act au- (A) in paragraph (1)(C), by inserting ‘‘re- (2) SECRETARY.—The Secretary shall have thorizing the construction, repair, and pres- store or’’ before ‘‘prevent the loss’’; and no further responsibility for the human re- ervation of certain public works on rivers (B) in paragraph (2)— mains transferred pursuant to subsection (b) and harbors, and for other purposes’’, ap- (i) in the matter preceding subparagraph after the date of the transfer. proved March 2, 1945 (33 U.S.C. 603a), is (A), by striking ‘‘the date of enactment of SEC. 1031. REVIEW OF CORPS OF ENGINEERS AS- amended— this Act’’ and inserting ‘‘the date of enact- SETS. (1) by striking ‘‘$1,000,000’’ and inserting ment of the Water Resources Development Section 6002(b) of the Water Resources Re- ‘‘$5,000,000’’; Act of 2016’’; and form and Development Act of 2014 (Public

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Law 113–121; 128 Stat. 1349) is amended by ‘‘(3) REPORT.—Not later than February 1 of ‘‘(2) AUTHORIZED ACTIVITIES.—Any activ- adding at the end the following: each year, the Secretary shall submit to the ity’’; and ‘‘(6) The extent to which the property has Committee on Environment and Public (C) by adding at the end the following: economic, cultural, historic, or recreational Works of the Senate and the Committee on ‘‘(3) FEASIBILITY STUDY AND REPORTS.— significance or impacts at the national, Transportation and Infrastructure of the ‘‘(A) IN GENERAL.—On the request of an In- State, or local level.’’. House of Representatives a report that iden- dian tribe, the Secretary shall conduct a SEC. 1032. TRANSFER OF EXCESS CREDIT. tifies any feasibility study for which the Sec- study, and provide to the Indian tribe a re- Section 1020 of the Water Resources Re- retary in the preceding fiscal year approved port describing the feasibility of a water re- form and Development Act of 2014 (33 U.S.C. an increase in cost or extension in time as sources development project or project for 2223) is amended— provided under this section, including an the preservation of cultural and natural re- (1) in subsection (a)— identification of the specific 1 or more fac- sources described in paragraph (1). (A) by striking the subsection designation tors used in making the determination that ‘‘(B) RECOMMENDATION.—A report under and heading and all that follows through the project is complex.’’. subparagraph (A) may, but shall not be re- ‘‘Subject to subsection (b)’’ and inserting the (b) COST SHARING.—Section 105(a)(1)(A) of quired to, contain a recommendation on a following: the Water Resources Development Act of specific water resources development ‘‘(a) APPLICATION OF CREDIT.— 1986 (33 U.S.C. 2215(a)(1)(A)) is amended— project. ‘‘(1) IN GENERAL.—Subject to subsection (1) by striking the subparagraph designa- ‘‘(C) FUNDING.—The first $100,000 of a study (b)’’; and tion and heading and all that follows under this paragraph shall be at full Federal (B) by adding at the end the following: through ‘‘The Secretary’’ and inserting the expense. ‘‘(2) REASONABLE INTERVALS.—On request following: ‘‘(4) DESIGN AND CONSTRUCTION.— from a non-Federal interest, the credit de- ‘‘(A) REQUIREMENT.— ‘‘(A) IN GENERAL.—The Secretary may scribed in subsection (a) may be applied at ‘‘(i) IN GENERAL.—Except as provided in carry out the design and construction of a reasonable intervals as those intervals occur clause (ii), the Secretary’’; and water resources development project or and are identified as being in excess of the (2) by adding at the end the following: project for the preservation of cultural and required non-Federal cost share prior to ‘‘(ii) EXCEPTION.—For the purpose of meet- natural resources described in paragraph (1) completion of the study or project if the ing or otherwise communicating with pro- that the Secretary determines is feasible if credit amount is verified by the Secretary.’’; spective non-Federal sponsors to identify the the Federal share of the cost of the project is (2) by striking subsection (d); and scope of a potential water resources project not more than $10,000,000. (3) by redesignating subsection (e) as sub- feasibility study, identifying the Federal in- ‘‘(B) SPECIFIC AUTHORIZATION.—If the Fed- section (d). terest, developing the cost sharing agree- eral share of the cost of a project described SEC. 1033. SURPLUS WATER STORAGE. ment, and developing the project manage- in subparagraph (A) is more than $10,000,000, Section 1046(c) of the Water Resources Re- ment plan, the first $100,000 of the feasibility the Secretary may only carry out the project form and Development Act of 2014 (Public study shall be a Federal expense.’’. if Congress enacts a law authorizing the Sec- Law 113–121; 128 Stat. 1254) is amended by (c) NON-FEDERAL SHARE.—Section 729(f)(1) retary to carry out the project.’’; adding at the end the following: of the Water Resources Development Act of (2) in subsection (c)— ‘‘(5) TIME LIMIT.— 1986 (33 U.S.C. 2267a(f)(1)) is amended by in- (A) in paragraph (1), by striking ‘‘studies’’ ‘‘(A) IN GENERAL.—If the Secretary has doc- serting before the period at the end ‘‘, except and inserting ‘‘any activity’’; and umented the volume of surplus water avail- that the first $100,000 of the assessment shall (B) in paragraph (2)(B), by striking ‘‘car- able, not later than 60 days after the date on be a Federal expense’’. rying out projects studied’’ and inserting which the Secretary receives a request for a SEC. 1037. SHORE DAMAGE PREVENTION OR MITI- ‘‘any activity conducted’’; contract and easement, the Secretary shall GATION. (3) in subsection (d)— issue a decision on the request. Section 111 of the River and Harbor Act of (A) in paragraph (1)(A), by striking ‘‘a study’’ and inserting ‘‘any activity con- ‘‘(B) OUTSTANDING INFORMATION.—If the 1968 (33 U.S.C. 426i) is amended— Secretary has not documented the volume of (1) in subsection (b), by striking ‘‘meas- ducted’’; and surplus water available, not later than 30 ures’’ and all that follows through ‘‘project’’ (B) by striking paragraph (2) and inserting days after the date on which the Secretary and inserting ‘‘measures, including a study, the following: receives a request for a contract and ease- shall be cost-shared in the same proportion ‘‘(2) CREDIT.—The Secretary may credit to- ward the non-Federal share of the costs of ment, the Secretary shall provide to the re- as the cost-sharing provisions applicable to any activity conducted under subsection (b) quester— construction of the project’’; and the cost of services, studies, supplies, or ‘‘(i) an identification of any outstanding (2) by adding at the end the following: other in-kind contributions provided by the information that is needed to make a final ‘‘(e) REIMBURSEMENT FOR FEASIBILITY STUDIES.—Beginning on the date of enact- non-Federal interest. decision; ment of this subsection, in any case in which ‘‘(3) SOVEREIGN IMMUNITY.—The Secretary ‘‘(ii) the date by which the information re- the Secretary implements a project under shall not require an Indian tribe to waive the ferred to in clause (i) shall be obtained; and this section, the Secretary shall reimburse sovereign immunity of the Indian tribe as a ‘‘(iii) the date by which the Secretary will or credit the non-Federal interest for any condition to entering into a cost-sharing make a final decision on the request.’’. amounts contributed for the study evalu- agreement under this subsection. SEC. 1034. HURRICANE AND STORM DAMAGE RE- ating the damage in excess of the non-Fed- ‘‘(4) WATER RESOURCES DEVELOPMENT DUCTION. eral share of the costs, as determined under PROJECTS.— Section 3(c)(2)(B) of the Act of August 13, ‘‘(A) IN GENERAL.—The non-Federal share 1946 (33 U.S.C. 426g(c)(2)(B)) is amended by subsection (b).’’. of costs for the study of a water resources de- striking ‘‘$5,000,000’’ and inserting SEC. 1038. ENHANCING LAKE RECREATION OP- PORTUNITIES. velopment project described in subsection ‘‘$10,000,000’’. Section 3134 of the Water Resources Devel- (b)(1) shall be 50 percent. SEC. 1035. FISH HATCHERIES. opment Act of 2007 (Public Law 110–114; 121 ‘‘(B) OTHER COSTS.—The non-Federal share (a) IN GENERAL.—Notwithstanding any Stat. 1142) is amended by striking subsection of costs of design and construction of a other provision of law, the Secretary may (e). project described in subparagraph (A) shall operate a fish hatchery for the purpose of re- storing a population of fish species located in SEC. 1039. COST ESTIMATES. be assigned to the appropriate project pur- the region surrounding the fish hatchery Section 2008 of the Water Resources Devel- poses described in sections 101 and 103 of the that is listed as a threatened species or an opment Act of 2007 (33 U.S.C. 2340) is amend- Water Resources Development Act of 1986 (33 endangered species under the Endangered ed by striking subsection (c). U.S.C. 2211, 2213) and shared in the same per- Species Act of 1973 (16 U.S.C. 1531 et seq.) or SEC. 1040. TRIBAL PARTNERSHIP PROGRAM. centages as the purposes to which the costs a similar State law. Section 203 of the Water Resources Devel- are assigned. (b) COSTS.—A non-Federal entity, another opment Act of 2000 (33 U.S.C. 2269) is amend- ‘‘(5) PROJECTS FOR THE PRESERVATION OF Federal agency, or a group of non-Federal ed— CULTURAL AND NATURAL RESOURCES.— entities or other Federal agencies shall be (1) in subsection (b)— ‘‘(A) IN GENERAL.—The non-Federal share responsible for 100 percent of the additional (A) in paragraph (1), in the matter pre- of costs for the study of a project for the costs associated with managing a fish hatch- ceding subparagraph (A), by striking ‘‘the preservation of cultural and natural re- ery for the purpose described in subsection Secretary’’ and all that follows through sources described in subsection (b)(1) shall be (a) that are not authorized as of the date of ‘‘projects’’ and inserting ‘‘the Secretary may 50 percent. enactment of this Act for the fish hatchery. carry out water-related planning activities, ‘‘(B) OTHER COSTS.—The non-Federal share SEC. 1036. FEASIBILITY STUDIES AND WATER- or activities relating to the study, design, of costs of design and construction of a SHED ASSESSMENTS. and construction of water resources develop- project described in subparagraph (A) shall (a) VERTICAL INTEGRATION AND ACCELERA- ment projects or projects for the preserva- be 65 percent. TION OF STUDIES.—Section 1001(d) of the tion of cultural and natural resources,’’; ‘‘(6) WATER-RELATED PLANNING ACTIVI- Water Resources Reform and Development (B) in paragraph (2), in the matter pre- TIES.— Act of 2014 (33 U.S.C. 2282c(d)) is amended by ceding subparagraph (A), by striking ‘‘(2) ‘‘(A) IN GENERAL.—The non-Federal share striking paragraph (3) and inserting the fol- MATTERS TO BE STUDIED.—A study’’ and in- of costs of a watershed and river basin as- lowing: serting the following: sessment shall be 25 percent.

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‘‘(B) OTHER COSTS.—The non-Federal share means a project under the administrative ju- actment of this Act, section 1001(b)(2) of the of costs of other water-related planning ac- risdiction of the Corps of Engineers that is Water Resources Development Act of 1986 (33 tivities described in subsection (b)(1) shall be subject to part 327 of title 36, Code of Federal U.S.C. 579a(b)(2)) shall not apply to any 65 percent.’’; and Regulations (or successor regulations). project authorized to receive funding from (4) by striking subsection (e). (b) NO CONSIDERATION FOR EASEMENTS.— the Inland Waterways Trust Fund estab- SEC. 1041. COST SHARING FOR TERRITORIES AND The Secretary may not collect consideration lished by section 9506(a) of the Internal Rev- INDIAN TRIBES. for an easement across water resources de- enue Code of 1986. Section 1156 of the Water Resources Devel- velopment project land for the electric, tele- SEC. 2002. OPERATION AND MAINTENANCE OF opment Act of 1986 (33 U.S.C. 2310) is amend- phone, or broadband service facilities of non- FUEL-TAXED INLAND WATERWAYS. ed— profit organizations eligible for financing Section 102(c) of the Water Resources De- (1) in the section heading, by striking under the Rural Electrification Act of 1936 (7 velopment Act of 1986 (33 U.S.C. 2212(c)) is U.S.C. 901 et seq.). amended by adding at the end the following: ‘‘TERRITORIES’’ and inserting ‘‘TERRITORIES (c) ADMINISTRATIVE EXPENSES.—Nothing in ‘‘(3) CREDIT OR REIMBURSEMENT.—The Fed- AND INDIAN TRIBES’’; and this section affects the authority of the Sec- eral share of operation and maintenance car- (2) by striking subsection (a) and inserting retary under section 2695 of title 10, United the following: ried out by a non-Federal interest under this States Code, or under section 9701 of title 31, subsection after the date of enactment of the ‘‘(a) IN GENERAL.—The Secretary shall United State Code, to collect funds to cover waive local cost-sharing requirements up to Water Resources Reform and Development reasonable administrative expenses incurred Act of 2014 shall be eligible for reimburse- $200,000 for all studies, projects, and assist- by the Secretary. ment or for credit toward— ance under section 22(a) of the Water Re- SEC. 1046. STUDY ON THE PERFORMANCE OF IN- ‘‘(A) the non-Federal share of future oper- sources Development Act of 1974 (42 U.S.C. NOVATIVE MATERIALS. ation and maintenance under this sub- 1962d-16(a))— (a) DEFINITION OF INNOVATIVE MATERIAL.— section; or ‘‘(1) in American Samoa, Guam, the North- In this section, the term ‘‘innovative mate- ‘‘(B) any measure carried out by the Sec- ern Mariana Islands, the Virgin Islands, rial’’, with respect to a water resources de- retary under section 3017(a) of the Water Re- Puerto Rico, and the Trust Territory of the velopment project, includes high perform- sources Reform and Development Act of 2014 Pacific Islands; and ance concrete formulations, geosynthetic (33 U.S.C. 3303a note; Public Law 113–121).’’. ‘‘(2) for any Indian tribe (as defined in sec- materials, advanced alloys and metals, rein- SEC. 2003. FUNDING FOR HARBOR MAINTENANCE tion 102 of the Federally Recognized Indian forced polymer composites, and any other PROGRAMS. Tribe List Act of 1994 (25 U.S.C. 479a)).’’. material, as determined by the Secretary. Section 2101 of the Water Resources Re- SEC. 1042. LOCAL GOVERNMENT WATER MANAGE- (b) STUDY.— form and Development Act of 2014 (33 U.S.C. MENT PLANS. (1) IN GENERAL.—The Secretary shall offer 2238b) is amended— The Secretary, with the consent of the to enter into a contract with the Transpor- (1) in subsection (b)(1), in the matter pre- non-Federal sponsor of a feasibility study for tation Research Board of the National Acad- ceding subparagraph (A), by striking ‘‘The a water resources development project, may emy of Sciences— target total’’ and inserting ‘‘Except as pro- enter into a feasibility study cost-sharing (A) to develop a proposal to study the use vided in subsection (c), the target total’’; agreement under section 221(a) of the Flood and performance of innovative materials in (2) by redesignating subsection (c) as sub- Control Act of 1970 (42 U.S.C. 1962d–5b(a)), to water resources development projects car- section (d); and allow a unit of local government in a water- ried out by the Corps of Engineers; and (3) by inserting after subsection (b) the fol- shed that has adopted a local or regional (B) after the opportunity for public com- lowing: water management plan to participate in the ment provided in accordance with subsection ‘‘(c) EXCEPTION.—If the target total budget feasibility study to determine if there is an (c), to carry out the study proposed under resources for a fiscal year described in sub- opportunity to include additional feasible subparagraph (A). paragraphs (A) through (J) of subsection elements in the project being studied to help (2) CONTENTS.—The study under paragraph (b)(1) is lower than the target total budget achieve the purposes identified in the local (1) shall identify— resources for the previous fiscal year, then or regional water management plan. (A) the conditions that result in degrada- the target total budget resources shall be ad- tion of water resources infrastructure; SEC. 1043. CREDIT IN LIEU OF REIMBURSEMENT. justed to be equal to the lesser of— (B) the capabilities of the innovative mate- Section 1022 of the Water Resources Re- ‘‘(1) 103 percent of the total budget re- rials in reducing degradation; sources appropriated for the previous fiscal form and Development Act of 2014 (33 U.S.C. (C) barriers to the expanded successful use 2225) is amended— year; or of innovative materials; ‘‘(2) 100 percent of the total amount of har- (1) in subsection (a), by striking ‘‘that has (D) recommendations on including per- been constructed by a non-Federal interest bor maintenance taxes received in the pre- formance-based requirements for the incor- vious fiscal year.’’. under section 211 of the Water Resources De- poration of innovative materials into the velopment Act of 1996 (33 U.S.C. 701b–13) be- SEC. 2004. DREDGED MATERIAL DISPOSAL. Unified Facilities Guide Specifications; Disposal of dredged material shall not be fore the date of enactment of this Act’’ and (E) recommendations on how greater use of inserting ‘‘for which a written agreement considered environmentally acceptable for innovative materials could increase perform- the purposes of identifying the Federal with the Corps of Engineers for construction ance of an asset of the Corps of Engineers in standard (as defined in section 335.7 of title was finalized on or before December 31, 2014, relation to extended service life; 33, Code of Federal Regulations (or successor under section 211 of the Water Resources De- (F) additional ways in which greater use of regulations)) if the disposal violates applica- velopment Act of 1996 (33 U.S.C. 701b–13) (as innovative materials could empower the ble State water quality standards approved it existed before the repeal made by section Corps of Engineers to accomplish the goals by the Administrator of the Environmental 1014(c)(3))’’; and of the Strategic Plan for Civil Works of the Protection Agency under section 303 of the (2) in subsection (b), by striking ‘‘share of Corps of Engineers; and Federal Water Pollution Control Act (33 the cost of the non-Federal interest of car- (G) recommendations on any further re- U.S.C. 1313). rying out other flood damage reduction search needed to improve the capabilities of SEC. 2005. CAPE ARUNDEL DISPOSAL SITE, projects or studies’’ and inserting ‘‘non-Fed- innovative materials in achieving extended MAINE. eral share of the cost of carrying out other service life and reduced maintenance costs in (a) DEADLINE.—The Cape Arundel Disposal water resources development projects or water resources development infrastructure. Site selected by the Department of the Army studies of the non-Federal interest’’. (c) PUBLIC COMMENT.—After developing the as an alternative dredged material disposal SEC. 1044. RETROACTIVE CHANGES TO COST- study proposal under subsection (b)(1)(A) and site under section 103(b) of the Marine Pro- SHARING AGREEMENTS. before carrying out the study under sub- tection, Research, and Sanctuaries Act of Study costs incurred before the date of section (b)(1)(B), the Secretary shall provide 1972 (33 U.S.C. 1413(b)) and reopened pursuant execution of a feasibility cost-sharing agree- an opportunity for public comment on the to section 113 of the Energy and Water De- ment for a project to be carried out under study proposal. velopment and Related Agencies Appropria- section 206 of the Water Resources Develop- (d) CONSULTATION.—In carrying out the tions Act, 2014 (Public Law 113–76; 128 Stat. ment Act of 1996 (33 U.S.C. 2330) shall be Fed- study under subsection (b)(1), the Secretary, 158) (referred to in this section as the ‘‘Site’’) eral costs, if— at a minimum, shall consult with relevant may remain open until the earlier of— (1) the study was initiated before October experts on engineering, environmental, and (1) the date on which the Site does not 1, 2006; and industry considerations. have any remaining disposal capacity; (2) the feasibility cost-sharing agreement (e) REPORT TO CONGRESS.—Not later than 3 (2) the date on which an environmental im- was not executed before January 1, 2014. years after the date of enactment of this pact statement designating an alternative Act, the Secretary shall submit to Congress dredged material disposal site for southern SEC. 1045. EASEMENTS FOR ELECTRIC, TELE- a report describing the results of the study PHONE, OR BROADBAND SERVICE Maine has been completed; or FACILITIES ELIGIBLE FOR FINANC- required under subsection (b)(1). (3) the date that is 5 years after the date of ING UNDER THE RURAL ELEC- TITLE II—NAVIGATION enactment of this Act. TRIFICATION ACT OF 1936. SEC. 2001. PROJECTS FUNDED BY THE INLAND (b) LIMITATIONS.—The use of the Site as a (a) DEFINITION OF WATER RESOURCES DE- WATERWAYS TRUST FUND. dredged material disposal site under sub- VELOPMENT PROJECT.—In this section, the Beginning on June 10, 2014, and ending on section (a) shall be subject to the conditions term ‘‘water resources development project’’ the date that is 15 years after the date of en- that—

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(1) conditions at the Site remain suitable (E) by adding at the end the following: ‘‘(2) DIVISION BETWEEN DONOR PORTS, ME- for the continued use of the Site as a dredged ‘‘(8) MEDIUM-SIZED DONOR PORT.—The term DIUM-SIZED DONOR PORTS, AND ENERGY TRANS- material disposal site; and ‘medium-sized donor port’ means a port— FER PORTS.—For each fiscal year, amounts (2) the Site not be used for the disposal of ‘‘(A) that is subject to the harbor mainte- made available to carry out this section more than 80,000 cubic yards from any single nance fee under section 24.24 of title 19, Code shall be provided in equal amounts to— dredging project. of Federal Regulations (or a successor regu- ‘‘(A) donor ports and medium-sized donor SEC. 2006. MAINTENANCE OF HARBORS OF REF- lation); ports; and UGE. ‘‘(B) at which the total amount of harbor ‘‘(B) energy transfer ports.’’; and The Secretary is authorized to maintain maintenance taxes collected comprise annu- (C) by striking paragraph (3). federally authorized harbors of refuge to re- ally more than $5,000,000 but less than SEC. 2011. HARBOR DEEPENING. store and maintain the authorized dimen- $15,000,000 of the total funding of the Harbor (a) IN GENERAL.—Section 101(a)(1) of the sions of the harbors. Maintenance Trust Fund established under Water Resources Development Act of 1986 (33 SEC. 2007. AIDS TO NAVIGATION. section 9505 of the Internal Revenue Code of U.S.C. 2211(a)(1)) is amended— (a) IN GENERAL.—The Secretary shall— 1986; (1) in the matter preceding subparagraph (1) consult with the Commandant of the ‘‘(C) that received less than 25 percent of (A), by striking ‘‘the date of enactment of Coast Guard regarding navigation on the the total amount of harbor maintenance this Act’’ and inserting ‘‘the date of enact- Ouachita-Black Rivers; and taxes collected at that port in the previous 5 ment of the Water Resources Reform and De- (2) share information regarding the assist- fiscal years; and velopment Act of 2014 (Public Law 113–121; ance that the Secretary can provide regard- ‘‘(D) that is located in a State in which 128 Stat. 1193)’’; ing the placement of any aids to navigation more than 2,000,000 cargo containers were un- (2) in subparagraph (B), by striking ‘‘45 on the rivers referred to in paragraph (1). loaded from or loaded onto vessels in fiscal feet’’ and inserting ‘‘50 feet’’; and (b) REPORT.—Not later than 1 year after year 2012.’’; (3) in subparagraph (C), by striking ‘‘45 the date of enactment of this Act, the Sec- (2) in subsection (b)— feet’’ and inserting ‘‘50 feet’’. retary shall submit to the Committee on En- (A) in paragraph (1), by striking ‘‘donor (b) DEFINITION OF DEEP-DRAFT HARBOR.— vironment and Public Works of the Senate ports’’ and inserting ‘‘donor ports, medium- Section 214(1) of the Water Resources Devel- and the Committee on Transportation and sized donor ports,’’; opment Act of 1986 (33 U.S.C. 2241(1)) is Infrastructure of the House of Representa- (B) in paragraph (2)— amended by striking ‘‘45 feet’’ and inserting tives a report on the outcome of the con- (i) in subparagraph (A), by striking ‘‘and’’ ‘‘50 feet’’. sultation under subsection (a). at the end; and SEC. 2012. OPERATIONS AND MAINTENANCE OF INLAND MISSISSIPPI RIVER PORTS. SEC. 2008. BENEFICIAL USE OF DREDGED MATE- (ii) by striking subparagraph (B) and in- (a) DEFINITIONS.—In this section: RIAL. serting the following: (1) INLAND MISSISSIPPI RIVER.—The term Section 204(d) of the Water Resources De- ‘‘(B) shall be made available to a port as ei- ‘‘inland Mississippi River’’ means the por- velopment Act of 1992 (33 U.S.C. 2326(d)) is ther a donor port, medium-sized donor port, tion of the Mississippi River that begins at amended by adding at the end the following: or an energy transfer port, and no port may the confluence of the Minnesota River and ‘‘(3) SPECIAL RULE.—Disposal of dredged receive amounts from more than 1 designa- ends at the confluence of the Red River. material under this subsection may include a tion; and (2) SHALLOW DRAFT.—The term ‘‘shallow single or periodic application of sediment for ‘‘(C) for donor ports and medium-sized draft’’ means a project that has a depth of beneficial use and shall not require oper- donor ports— less than 14 feet. ation and maintenance. ‘‘(i) 50 percent of the funds shall be equally (b) DREDGING ACTIVITIES.—The Secretary ISPOSAL AT NON-FEDERAL COST.—The divided between the eligible donor ports as ‘‘(4) D shall carry out dredging activities on shal- Secretary may accept funds from a non-Fed- authorized by this section; and ‘‘(ii) 50 percent of the funds shall be divided low draft ports located on the inland Mis- eral interest to dispose of dredged material sissippi River to the respective authorized as provided under section 103(d)(1) of the between the eligible donor ports and eligible medium-sized donor ports based on the per- widths and depths of those inland ports, as Water Resources Development Act of 1986 (33 authorized on the date of enactment of this U.S.C. 2213(d)(1)).’’. centage of the total Harbor Maintenance Tax revenues generated at each eligible donor Act. SEC. 2009. OPERATION AND MAINTENANCE OF (c) AUTHORIZATION OF APPROPRIATIONS.— port and medium-sized donor port.’’; HARBOR PROJECTS. For each fiscal year, there is authorized to (3) in subsection (c), in the matter pre- Section 210(c)(3) of the Water Resources be appropriated to the Secretary to carry ceding paragraph (1), by striking ‘‘donor Development Act of 1986 (33 U.S.C. 2238(c)(3)) out this section $25,000,000. is amended by striking ‘‘for each of fiscal port’’ and inserting ‘‘donor port, a medium- sized donor port,’’; SEC. 2013. IMPLEMENTATION GUIDANCE. years 2015 through 2022’’ and inserting ‘‘for Section 2102 of the Water Resources Re- (4) by striking subsection (d) and inserting each fiscal year’’. form and Development Act of 2014 (Public the following: SEC. 2010. ADDITIONAL MEASURES AT DONOR Law 113–121; 128 Stat. 1273) is amended by PORTS AND ENERGY TRANSFER ‘‘(d) ADMINISTRATION OF PAYMENTS.— adding at the end the following: PORTS. ‘‘(1) IN GENERAL.—If a donor port, a me- ‘‘(d) GUIDANCE.—Not later than 90 days Section 2106 of the Water Resources Re- dium-sized donor port, or an energy transfer after the date of enactment of the Water Re- form and Development Act of 2014 (33 U.S.C. port elects to provide payments to importers sources Development Act of 2016 the Sec- 2238c) is amended— or shippers under subsection (c), the Sec- retary shall publish on the website of the (1) in subsection (a)— retary shall transfer to the Commissioner of Corps of Engineers guidance on the imple- (A) by redesignating paragraphs (2) Customs and Border Protection the amount mentation of this section and the amend- through (6) as paragraphs (3) through (7), re- that would otherwise be provided to the port ments made by this section.’’. spectively; under this section that is equal to those pay- SEC. 2014. REMOTE AND SUBSISTENCE HARBORS. (B) by inserting after paragraph (1) the fol- ments to provide the payments to the im- Section 2006 of the Water Resources Devel- lowing: porters or shippers of the discretionary cargo opment Act of 2007 (33 U.S.C. 2242) is amend- ‘‘(2) DISCRETIONARY CARGO.—The term ‘dis- that is— ed— cretionary cargo’ means maritime cargo that ‘‘(A) shipped through respective eligible (1) in subsection (a)(3), by inserting ‘‘in is destined for inland locations and that can ports; and which the project is located or of a commu- be economically shipped through multiple ‘‘(B) most at risk of diversion to seaports nity that is located in the region that is seaports located in different countries or re- outside of the United States. served by the project and that will rely on gions.’’; ‘‘(2) REQUIREMENT.—The Secretary. in con- the project’’ after ‘‘community’’; and (C) in paragraph (3) (as redesignated)— sultation with the eligible port, shall limit (2) in subsection (b)— (i) by redesignating subparagraphs (A) payments to top importers or shippers (A) in paragraph (1), by inserting ‘‘or of a through (D) as clause (i) through (iv), respec- through an eligible port, as ranked by value community that is located in the region to tively, and indenting appropriately; of discretionary cargo.’’; and be served by the project and that will rely on (ii) in the matter preceding clause (i) (as (5) in subsection (f)— the project’’ after ‘‘community’’; redesignated), by striking ‘‘The term’’ and (A) by striking paragraph (1) and inserting (B) in paragraph (4), by striking ‘‘local pop- inserting the following: the following: ulation’’ and inserting ‘‘regional population ‘‘(A) IN GENERAL.—The term’’; and ‘‘(1) IN GENERAL.—If the total amounts to be served by the project’’; and (iii) by adding at the end the following: made available from the Harbor Mainte- (C) in paragraph (5), by striking ‘‘commu- ‘‘(B) CALCULATION.—For the purpose of cal- nance Trust Fund exceed the total amounts nity’’ and inserting ‘‘local community or to culating the percentage described in sub- made available from the Harbor Mainte- a community that is located in the region to paragraph (A)(iii), payments described under nance Trust Fund in fiscal year 2012, there is be served by the project and that will rely on subsection (c)(1) shall not be included.’’; authorized to be appropriated to carry out the project’’. (D) in paragraph (5)(A) (as redesignated), this section $50,000,000 from the Harbor SEC. 2015. NON-FEDERAL INTEREST DREDGING by striking ‘‘Code of Federal Regulation’’ Maintenance Trust Fund.’’; AUTHORITY. and inserting ‘‘Code of Federal Regulations’’; (B) by striking paragraph (2) and inserting (a) IN GENERAL.—The Secretary may per- and the following: mit a non-Federal interest to carry out, for

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(1) the placement of the dredged material accordance with section 103 of the Water Re- (b) COST LIMITATIONS.—Except as provided would— sources Development Act of 1986 (33 U.S.C. in this section and subject to the availability (A)(i) enhance protection from flooding 2213). of appropriations, the costs incurred by a caused by storm surges or sea level rise; or SEC. 3002. REHABILITATION OF EXISTING LEV- non-Federal interest in performing the main- (ii) significantly contribute to shoreline EES. tenance activities described in subsection (a) resiliency, including the resilience and res- Section 3017 of the Water Resources Re- shall be eligible for reimbursement, not to toration of wetland; and form and Development Act of 2014 (33 U.S.C. exceed an amount that is equal to the esti- (B) be in the public interest; and 3303a note; Public Law 113–121) is amended— mated Federal cost for the performance of (2) the cost associated with the placement (1) in subsection (a), by striking ‘‘if the the maintenance activities. of the dredged material is reasonable in rela- Secretary determines the necessary work is (c) AGREEMENT.—Before initiating mainte- tion to the associated environmental, flood technically feasible, environmentally accept- nance activities under this section, the non- protection, and resiliency benefits. able, and economically justified’’; Federal interest shall enter into an agree- (b) ADDITIONAL COSTS.—If the cost of plac- (2) in subsection (b)— ment with the Secretary that specifies, for ing the dredged material at another author- (A) by striking ‘‘This section’’ and insert- the performance of the maintenance activi- ized water resource project exceeds the cost ing the following: ties, the terms and conditions that are ac- of depositing the dredged material in accord- ‘‘(1) IN GENERAL.—This section’’; and ceptable to the non-Federal interest and the ance with the Federal standard (as defined in (B) by adding at the end the following: Secretary. section 335.7 of title 33, Code of Federal Reg- ‘‘(2) REQUIREMENT.—A measure carried out (d) PROVISION OF EQUIPMENT.—In carrying ulations (as in effect on the date of enact- under subsection (a) shall be implemented in out maintenance activities under this sec- ment of this Act)), the Secretary shall not the same manner as the repair or restoration tion, a non-Federal interest shall— require a non-Federal entity to bear any of of a flood control work pursuant to section 5 (1) provide equipment at no cost to the the increased costs associated with the of the Act of August 18, 1941 (33 U.S.C. Federal Government; and placement of the dredged material. 701n).’’; (2) hold and save the United States free TITLE III—SAFETY IMPROVEMENTS (3) in subsection (c)(1), by striking ‘‘The from any and all damage that arises from non-Federal’’ and inserting ‘‘Notwith- the use of the equipment of the non-Federal SEC. 3001. REHABILITATION ASSISTANCE FOR NON-FEDERAL FLOOD CONTROL standing subsection (b)(2), the non-Federal’’; interest, except for damage due to the fault PROJECTS. and or negligence of a contractor of the Federal (a) IN GENERAL.—Section 5 of the Act of (4) by adding at the end the following: Government. August 18, 1941 (33 U.S.C. 701n), is amended— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (e) REIMBURSEMENT ELIGIBILITY LIMITA- (1) in subsection (a), by adding at the end There is authorized to be appropriated to the TIONS.—Costs that are eligible for reimburse- the following: Secretary to carry out this section ment under this section are those costs di- ‘‘(3) DEFINITION OF NONSTRUCTURAL ALTER- $125,000,000.’’. rectly related to the costs associated with NATIVES.—In this subsection, ‘nonstructural SEC. 3003. MAINTENANCE OF HIGH RISK FLOOD operation and maintenance of the dredge alternatives’ includes efforts to restore or CONTROL PROJECTS. based on the lesser of the period of time for protect natural resources including streams, In any case in which the Secretary is re- which— rivers, floodplains, wetlands, or coasts, if sponsible, as of the date of enactment of this (1) the dredge is being used in the perform- those efforts will reduce flood risk.’’; and Act, for the maintenance of a project classi- ance of work for the Federal Government (2) by adding at the end the following: fied as class III under the Dam Safety Action during a given fiscal year; and ‘‘(d) INCREASED LEVEL OF PROTECTION.—In Classification of the Corps of Engineers, the (2) the actual fiscal year Federal appro- conducting repair or restoration work under Secretary shall continue to be responsible priations identified for that portion of main- subsection (a), at the request of the non-Fed- for the maintenance until the earlier of the tenance dredging that are made available. eral sponsor, the Secretary may increase the date that— (f) AUDIT.—Not earlier than 5 years after level of protection above the level to which (1) the project is modified to reduce that the date of enactment of this Act, the Sec- the system was designed, or, if the repair and risk and the Secretary determines that the retary may conduct an audit on any mainte- rehabilitation includes repair or rehabilita- project is no longer classified as class III nance activities for an authorized navigation tion of a pumping station, will increase the under the Dam Safety Action Classification project (or a separable element of an author- capacity of a pump, if— of the Corps of Engineers; or ized navigation project) carried out under ‘‘(1) the Chief of Engineers determines the (2) is 15 years after the date of enactment this section to determine if permitting a improvements are in the public interest, in- of this Act. non-Federal interest to carry out mainte- cluding consideration of whether— SEC. 3004. REHABILITATION OF HIGH HAZARD nance activities under this section has re- ‘‘(A) the authority under this section has POTENTIAL DAMS. sulted in— been used more than once at the same loca- (a) DEFINITIONS.—Section 2 of the National (1) improved reliability and safety for navi- tion; Dam Safety Program Act (33 U.S.C. 467) is gation; and ‘‘(B) there is an opportunity to decrease amended— (2) cost savings to the Federal Govern- significantly the risk of loss of life and prop- (1) by redesignating paragraphs (4), (5), (6), ment. erty damage; or (7), (8), (9), (10), (11), (12), and (13) as para- (g) TERMINATION OF AUTHORITY.—The au- ‘‘(C) there is an opportunity to decrease graphs (5), (6), (7), (8), (9), (11), (13), (14), (15), thority of the Secretary under this section total life cycle rehabilitation costs for the and (16), respectively; terminates on the date that is 10 years after project; and (2) by inserting after paragraph (3) the fol- the date of enactment of this Act. ‘‘(2) the non-Federal sponsor agrees to pay lowing: SEC. 2016. TRANSPORTATION COST SAVINGS. the difference between the cost of repair, res- ‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL Section 210(e)(3) of the Water Resources toration, or rehabilitation to the original de- DAM.— Development Act of 1986 (33 U.S.C. 2238(e)(3)) sign level or original capacity and the cost of ‘‘(A) IN GENERAL.—The term ‘eligible high is amended— achieving the higher level of protection or hazard potential dam’ means a non-Federal (1) by redesignating subparagraph (B) as capacity sought by the non-Federal sponsor. dam that— subparagraph (C); and ‘‘(e) NOTICE.—The Secretary shall notify ‘‘(i) is located in a State with a State dam (2) by inserting after subparagraph (A) the the non-Federal sponsor of the opportunity safety program; following: to request implementation of nonstructural ‘‘(ii) is classified as ‘high hazard potential’ ‘‘(B) ADDITIONAL REQUIREMENT.—For the alternatives to the repair or restoration of by the State dam safety agency in the State first report following the date of enactment the flood control work under subsection in which the dam is located; of the Water Resources Development Act of (a).’’. ‘‘(iii) has an emergency action plan ap- 2016, in the report submitted under subpara- (b) PROJECTS IN COORDINATION WITH CER- proved by the relevant State dam safety graph (A), the Secretary shall identify, to TAIN REHABILITATION REQUIREMENTS.— agency; and the maximum extent practicable, transpor- (1) IN GENERAL.—In any case in which the ‘‘(iv) the State in which the dam is located tation cost savings realized by achieving and Secretary has completed a study deter- determines— maintaining the constructed width and mining a project for flood damage reduction ‘‘(I) fails to meet minimum dam safety depth for the harbors and inland harbors re- is feasible and such project is designed to standards of the State; and ferred to in subsection (a)(2), on a project-by- protect the same geographic area as work to ‘‘(II) poses an unacceptable risk to the pub- project basis.’’. be performed under section 5(c) of the Act of lic. SEC. 2017. DREDGED MATERIAL. August 18, 1941 (33 U.S.C. 701n(c)), the Sec- ‘‘(B) EXCLUSION.—The term ‘eligible high (a) IN GENERAL.—Notwithstanding part 335 retary may, if the Secretary determines that hazard potential dam’ does not include— of title 33, Code of Federal Regulations, the the action is in the public interest, carry out ‘‘(i) a licensed hydroelectric dam; or

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‘‘(ii) a dam built under the authority of the ‘‘(A) participate in, and comply with, all ‘‘(B) NEED-BASED.—2⁄3 shall be distributed Secretary of Agriculture.’’; applicable Federal flood insurance programs; among the States in which the projects for (3) by inserting after paragraph (9) (as re- ‘‘(B) have in place a hazard mitigation plan which applications are submitted under sub- designated by paragraph (1)) the following: that— section (c)(1) are located based on the pro- ‘‘(10) NON-FEDERAL SPONSOR.—The term ‘‘(i) includes all dam risks; and portion that— ‘non-Federal sponsor’, in the case of a ‘‘(ii) complies with the Disaster Mitigation ‘‘(i) the number of eligible high hazard po- project receiving assistance under section Act of 2000 (Public Law 106–390; 114 Stat. tential dams in the State; bears to 8A, includes— 1552); ‘‘(ii) the number of eligible high hazard po- ‘‘(A) a governmental organization; and ‘‘(C) commit to provide operation and tential dams in all States in which projects ‘‘(B) a nonprofit organization.’’ and maintenance of the project for the 50-year for which applications are submitted under (4) by inserting after paragraph (11) (as re- period following completion of rehabilita- subsection (c)(1). designated by paragraph (1)) the following: tion; ‘‘(h) USE OF FUNDS.—None of the funds pro- ‘‘(12) REHABILITATION.—The term ‘rehabili- ‘‘(D) comply with such minimum eligi- vided in the form of a grant or otherwise tation’ means the repair, replacement, re- bility requirements as the Administrator made available under this section shall be construction, or removal of a dam that is may establish to ensure that each owner and used— carried out to meet applicable State dam operator of a dam under a participating ‘‘(1) to rehabilitate a Federal dam; safety and security standards.’’. State dam safety program— ‘‘(2) to perform routine operation or main- (b) PROGRAM FOR REHABILITATION OF HIGH ‘‘(i) acts in accordance with the State dam tenance of a dam; HAZARD POTENTIAL DAMS.—The National safety program; and ‘‘(3) to modify a dam to produce hydro- Dam Safety Program Act is amended by in- ‘‘(ii) carries out activities relating to the electric power; serting after section 8 (33 U.S.C. 467f) the fol- public in the area around the dam in accord- ‘‘(4) to increase water supply storage ca- lowing: ance with the hazard mitigation plan de- pacity; or ‘‘SEC. 8A. REHABILITATION OF HIGH HAZARD PO- scribed in subparagraph (B); and ‘‘(5) to make any other modification to a TENTIAL DAMS. ‘‘(E) comply with section 611(j)(9) of the dam that does not also improve the safety of ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Ad- Robert T. Stafford Disaster Relief and Emer- the dam. ministrator shall establish, within FEMA, a gency Assistance Act (42 U.S.C. 5196(j)(9)) (as ‘‘(i) CONTRACTUAL REQUIREMENTS.— program to provide technical, planning, de- in effect on the date of enactment of this ‘‘(1) IN GENERAL.—Subject to paragraph (2), sign, and construction assistance in the form section) with respect to projects receiving as a condition on the receipt of a grant under of grants to non-Federal sponsors for reha- assistance under this section in the same this section of an amount greater than bilitation of eligible high hazard potential manner as recipients are required to comply $1,000,000, a non-Federal sponsor that re- dams. in order to receive financial contributions ceives the grant shall require that each con- ‘‘(b) ELIGIBLE ACTIVITIES.—A grant award- from the Administrator for emergency pre- tract and subcontract for program manage- ed under this section for a project may be paredness purposes. ment, construction management, planning used for— ‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— studies, feasibility studies, architectural ‘‘(1) repair; ‘‘(1) IN GENERAL.—As a condition of receipt services, preliminary engineering, design, ‘‘(2) removal; or of assistance under this section, the non- engineering, surveying, mapping, and related ‘‘(3) any other structural or nonstructural Federal entity shall demonstrate that a services entered into using funds from the measures to rehabilitate a high hazard po- floodplain management plan to reduce the grant be awarded in the same manner as a tential dam. impacts of future flood events in the area contract for architectural and engineering ‘‘(c) AWARD OF GRANTS.— protected by the project— services is awarded under— ‘‘(1) APPLICATION.— ‘‘(A) is in place; or ‘‘(A) chapter 11 of title 40, United States ‘‘(A) IN GENERAL.—A non-Federal sponsor ‘‘(B) will be— Code; or interested in receiving a grant under this ‘‘(i) developed not later than 1 year after ‘‘(B) an equivalent qualifications-based re- section may submit to the Administrator an the date of execution of a project agreement quirement prescribed by the relevant State. application for the grant. for assistance under this section; and ‘‘(2) NO PROPRIETARY INTEREST.—A contract ‘‘(B) REQUIREMENTS.—An application sub- ‘‘(ii) implemented not later than 1 year awarded in accordance with paragraph (1) mitted to the Administrator under this sec- after the date of completion of construction shall not be considered to confer a propri- tion shall be submitted at such time, be in of the project. etary interest upon the United States. such form, and contain such information as ‘‘(2) INCLUSIONS.—A plan under paragraph ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— the Administrator may prescribe by regula- (1) shall address— There are authorized to be appropriated to tion pursuant to section 3004(c) of the Water ‘‘(A) potential measures, practices, and carry out this section— Resources Development Act of 2016. policies to reduce loss of life, injuries, dam- ‘‘(1) $10,000,000 for fiscal years 2017 and 2018; ‘‘(2) GRANT.— age to property and facilities, public expend- ‘‘(2) $25,000,000 for fiscal year 2019; ‘‘(A) IN GENERAL.—The Administrator may itures, and other adverse impacts of flooding ‘‘(3) $40,000,000 for fiscal year 2020; and make a grant in accordance with this section in the area protected by the project; ‘‘(4) $60,000,000 for each of fiscal years 2021 for rehabilitation of a high hazard potential ‘‘(B) plans for flood fighting and evacu- through 2026.’’. dam to a non-Federal sponsor that submits ation; and (c) RULEMAKING.— an application for the grant in accordance ‘‘(C) public education and awareness of (1) PROPOSED RULEMAKING.—Not later than with the regulations prescribed by the Ad- flood risks. 90 days after the date of enactment of this ministrator. ‘‘(3) TECHNICAL SUPPORT.—The Adminis- Act, the Administrator of the Federal Emer- ‘‘(B) PROJECT GRANT AGREEMENT.—The Ad- trator may provide technical support for the gency Management Agency shall issue a no- ministrator shall enter into a project grant development and implementation of flood- tice of proposed rulemaking regarding appli- agreement with the non-Federal sponsor to plain management plans prepared under this cations for grants of assistance under the establish the terms of the grant and the subsection. amendments made by subsection (b) to the project, including the amount of the grant. ‘‘(f) PRIORITY SYSTEM.—The Administrator, National Dam Safety Program Act (33 U.S.C. ‘‘(C) GRANT ASSURANCE.—As part of a in consultation with the Board, shall develop 467 et seq.). project grant agreement under subparagraph a risk-based priority system for use in iden- (2) FINAL RULE.—Not later than 180 days (B), the Administrator shall require the non- tifying high hazard potential dams for which after the date of enactment of this Act, the Federal sponsor to provide an assurance, grants may be made under this section. Administrator of the Federal Emergency with respect to the dam to be rehabilitated ‘‘(g) FUNDING.— Management Agency shall promulgate a under the project, that the owner of the dam ‘‘(1) COST SHARING.— final rule regarding the amendments de- has developed and will carry out a plan for ‘‘(A) IN GENERAL.—Any assistance provided scribed in paragraph (1). maintenance of the dam during the expected under this section for a project shall be sub- SEC. 3005. EXPEDITED COMPLETION OF AUTHOR- life of the dam. ject to a non-Federal cost-sharing require- IZED PROJECTS FOR FLOOD DAM- ‘‘(D) LIMITATION.—A grant provided under ment of not less than 35 percent. AGE REDUCTION. this section shall not exceed the lesser of— ‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Fed- The Secretary shall expedite the comple- ‘‘(i) 12.5 percent of the total amount of eral share under subparagraph (A) may be tion of the following projects for flood dam- funds made available to carry out this sec- provided in the form of in-kind contribu- age reduction and flood risk management: tion; or tions. (1) Chicagoland Underflow Plan, Illinois, ‘‘(ii) $7,500,000. ‘‘(2) ALLOCATION OF FUNDS.—The total phase 2, as authorized by section 3(a)(5) of ‘‘(d) REQUIREMENTS.— amount of funds made available to carry out the Water Resources Development Act of ‘‘(1) APPROVAL.—A grant awarded under this section for each fiscal year shall be dis- 1988 (Public Law 100–676; 102 Stat. 4013) and this section for a project shall be approved tributed as follows: modified by section 319 of the Water Re- by the relevant State dam safety agency. ‘‘(A) EQUAL DISTRIBUTION.—1⁄3 shall be dis- sources Development Act of 1996 (Public Law ‘‘(2) NON-FEDERAL SPONSOR REQUIRE- tributed equally among the States in which 104–303; 110 Stat. 3715) and section 501 of the MENTS.—To receive a grant under this sec- the projects for which applications are sub- Water Resources Development Act of 1999 tion, the non-Federal sponsor shall— mitted under subsection (c)(1) are located. (Public Law 106–53; 113 Stat. 334).

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(2) Cedar River, Cedar Rapids, Iowa, as au- (i) such amounts as are deposited in the (ii) AVAILABILITY OF AMOUNTS.—Amounts thorized by section 7002(2)(3) of the Water Fund under subparagraph (B); and deposited in the Fund under clause (i) shall Resources Development Act of 2014 (Public (ii) any interest earned on investment of be used, subject to appropriation, to carry Law 113–121; 128 Stat. 1366). amounts in the Fund under subparagraph out this section. (3) Comite River, Louisiana, authorized as (D). (C) EXPENDITURES FROM FUND.— part of the project for flood control, Amite (B) DEPOSITS TO FUND.— (i) IN GENERAL.—Subject to clause (ii), for River and Tributaries, Louisiana, by section (i) IN GENERAL.—For each of fiscal years each of fiscal years 2017 through 2037, the 101(11) of the Water Resources Development 2017 through 2037, the Secretary of the Treas- Secretary may, to the extent provided in ad- Act of 1992 (Public Law 102–580; 106 Stat. 4802) ury shall deposit in the Fund $22,750,000 of vance in appropriations Acts, expend from and modified by section 301(b)(5) of the the revenues that would otherwise be depos- the Fund, in accordance with this section, Water Resources Development Act of 1996 ited for the fiscal year in the reclamation not more than the sum of— (Public Law 104–03; 110 Stat. 3709) and section fund established by the first section of the (I) $10,000,000; and 371 of the Water Resources Development Act Act of June 17, 1902 (32 Stat. 388, chapter (II) the amount of interest accrued in the of 1999 (Public Law 106–53; 113 Stat. 321). 1093). Fund. (4) Amite River and Tributaries, Louisiana, (ii) AVAILABILITY OF AMOUNTS.—Amounts (ii) ADDITIONAL EXPENDITURES.—The Sec- East Baton Rouge Parish Watershed, as au- deposited in the Fund under clause (i) shall retary may expend more than $10,000,000 for thorized by section 101(a)(21) of the Water be used, subject to appropriation, to carry any fiscal year referred to in clause (i) if the Resources Development Act of 1999 (Public out this section. additional amounts are available in the Fund as a result of a failure of the Secretary to ex- Law 106–53; 113 Stat. 277) and modified by (C) EXPENDITURES FROM FUND.— pend all of the amounts available under section 116 of division D of Public Law 108–7 (i) IN GENERAL.—Subject to clause (ii), for clause (i) in 1 or more prior fiscal years. (117 Stat. 140) and section 3074 of the Water each of fiscal years 2017 through 2037, the (D) INVESTMENTS OF AMOUNTS.— Resources Development Act of 2007 (Public Secretary may, to the extent provided in ad- (i) IN GENERAL.—The Secretary of the Law 110–114; 121 Stat. 1124). vance in appropriations Acts, expend from Treasury shall invest such portion of the SEC. 3006. CUMBERLAND RIVER BASIN DAM RE- the Fund, in accordance with this section, Fund as is not, in the judgment of the Sec- PAIRS. not more than the sum of— All costs incurred in carrying out any re- retary, required to meet current with- (I) $22,750,000; and drawals. pair to correct a seepage problem at any dam (II) the amount of interest accrued in the (ii) CREDITS TO FUND.—The interest on, and in the Cumberland River Basin shall be— Fund. (1) treated as costs for a dam safety the proceeds from the sale or redemption of, (ii) ADDITIONAL EXPENDITURES.—The Sec- any obligations held in the Fund shall be project; and retary may expend more than $22,750,000 for credited to, and form a part of, the Fund. (2) subject to cost-sharing requirements in any fiscal year referred to in clause (i) if the (E) TRANSFERS OF AMOUNTS.— accordance with section 1203 of the Water additional amounts are available in the Fund (i) IN GENERAL.—The amounts required to Resources Development Act of 1986 (33 U.S.C. as a result of a failure of the Secretary to ex- be transferred to the Fund under this para- 467n). pend all of the amounts available under graph shall be transferred at least monthly SEC. 3007. INDIAN DAM SAFETY. clause (i) in 1 or more prior fiscal years. from the revenues that would otherwise be (a) DEFINITIONS.—In this section: (D) INVESTMENTS OF AMOUNTS.— deposited for the fiscal year in the reclama- (1) DAM.— (i) IN GENERAL.—The Secretary of the tion fund established by the first section of (A) IN GENERAL.—The term ‘‘dam’’ has the Treasury shall invest such portion of the the Act of June 17, 1902 (32 Stat. 388, chapter meaning given the term in section 2 of the Fund as is not, in the judgment of the Sec- 1093), to the Fund on the basis of estimates National Dam Safety Program Act (33 U.S.C. retary, required to meet current with- made by the Secretary of the Treasury. 467). drawals. (ii) ADJUSTMENTS.—Proper adjustment (B) INCLUSIONS.—The term ‘‘dam’’ includes (ii) CREDITS TO FUND.—The interest on, and shall be made in amounts subsequently any structure, facility, equipment, or vehicle the proceeds from the sale or redemption of, transferred to the extent prior estimates are used in connection with the operation of a any obligations held in the Fund shall be in excess of or less than the amounts re- dam. credited to, and form a part of, the Fund. quired to be transferred. (2) FUND.—The term ‘‘Fund’’ means, as ap- (E) TRANSFERS OF AMOUNTS.— (F) TERMINATION.—On September 30, 2037— plicable— (i) IN GENERAL.—The amounts required to (i) the Fund shall terminate; and (A) the High-Hazard Indian Dam Safety be transferred to the Fund under this para- (ii) the unexpended and unobligated bal- Deferred Maintenance Fund established by graph shall be transferred at least monthly ance of the Fund shall be transferred to the subsection (b)(1)(A); or from the revenues that would otherwise be reclamation fund established by the first (B) the Low-Hazard Indian Dam Safety De- deposited for the fiscal year in the reclama- section of the Act of June 17, 1902 (32 Stat. ferred Maintenance Fund established by sub- tion fund established by the first section of 388, chapter 1093). section (b)(2)(A). the Act of June 17, 1902 (32 Stat. 388, chapter (c) REPAIR, REPLACEMENT, AND MAINTE- (3) HIGH HAZARD POTENTIAL DAM.—The term 1093), to the Fund on the basis of estimates NANCE OF CERTAIN INDIAN DAMS.— ‘‘high hazard potential dam’’ means a dam made by the Secretary of the Treasury. (1) PROGRAM ESTABLISHMENT.— assigned to the significant or high hazard po- (ii) ADJUSTMENTS.—Proper adjustment (A) IN GENERAL.—The Secretary shall es- tential classification under the guidelines shall be made in amounts subsequently tablish a program to address the deferred published by the Federal Emergency Man- transferred to the extent prior estimates are maintenance needs of Indian dams that— agement Agency entitled ‘‘Federal Guide- in excess of or less than the amounts re- (i) create flood risks or other risks to pub- lines for Dam Safety: Hazard Potential Clas- quired to be transferred. lic or employee safety or natural or cultural sification System for Dams’’ (FEMA Publi- (F) TERMINATION.—On September 30, 2037— resources; and cation Number 333). (i) the Fund shall terminate; and (ii) unduly impede the management and ef- (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (ii) the unexpended and unobligated bal- ficiency of Indian dams. has the meaning given the term in section 4 ance of the Fund shall be transferred to the (B) FUNDING.— of the Indian Self-Determination and Edu- reclamation fund established by the first (i) HIGH-HAZARD FUND.—Consistent with cation Assistance Act (25 U.S.C. 450b). section of the Act of June 17, 1902 (32 Stat. subsection (b)(1)(B), the Secretary shall use (5) LOW HAZARD POTENTIAL DAM.—The term 388, chapter 1093). or transfer to the Bureau of Indian Affairs ‘‘low hazard potential dam’’ means a dam as- (2) LOW-HAZARD FUND.— not less than $22,750,000 of amounts in the signed to the low hazard potential classifica- (A) ESTABLISHMENT.—There is established High-Hazard Indian Dam Safety Deferred tion under the guidelines published by the in the Treasury of the United States a fund, Maintenance Fund, plus accrued interest, for Federal Emergency Management Agency en- to be known as the ‘‘Low-Hazard Indian Dam each of fiscal years 2017 through 2037 to carry titled ‘‘Federal Guidelines for Dam Safety: Safety Deferred Maintenance Fund’’, con- out maintenance, repair, and replacement Hazard Potential Classification System for sisting of— activities for 1 or more of the Indian dams Dams’’ (FEMA Publication Number 333). (i) such amounts as are deposited in the described in paragraph (2)(A). (6) SECRETARY.—The term ‘‘Secretary’’ Fund under subparagraph (B); and (ii) LOW-HAZARD FUND.—Consistent with means the Secretary of the Interior, acting (ii) any interest earned on investment of subsection (b)(2)(B), the Secretary shall use through the Assistant Secretary for Indian amounts in the Fund under subparagraph or transfer to the Bureau of Indian Affairs Affairs, in consultation with the Secretary (D). not less than $10,000,000 of amounts in the of the Army. (B) DEPOSITS TO FUND.— Low-Hazard Indian Dam Safety Deferred (b) INDIAN DAM SAFETY DEFERRED MAINTE- (i) IN GENERAL.—For each of fiscal years Maintenance Fund, plus accrued interest, for NANCE FUNDS.— 2017 through 2037, the Secretary of the Treas- each of fiscal years 2017 through 2037 to carry (1) HIGH-HAZARD FUND.— ury shall deposit in the Fund $10,000,000 of out maintenance, repair, and replacement (A) ESTABLISHMENT.—There is established the revenues that would otherwise be depos- activities for 1 or more of the Indian dams in the Treasury of the United States a fund, ited for the fiscal year in the reclamation described in paragraph (2)(B). to be known as the ‘‘High-Hazard Indian fund established by the first section of the (C) COMPLIANCE WITH DAM SAFETY POLI- Dam Safety Deferred Maintenance Fund’’, Act of June 17, 1902 (32 Stat. 388, chapter CIES.—Maintenance, repair, and replacement consisting of— 1093). activities for Indian dams under this section

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shall be carried out in accordance with the (III) address unmet needs; or (D) BASIS OF FUNDING.—Any amounts made dam safety policies of the Director of the Bu- (IV) assist in protecting natural or cul- available under this paragraph shall be non- reau of Indian Affairs established to carry tural resources; reimbursable. out the Indian Dams Safety Act of 1994 (25 (iii) the methodology of the rehabilitation (E) APPLICABILITY OF ISDEAA.—The Indian U.S.C. 3801 et seq.). priority index of the Secretary, as in effect Self-Determination and Education Assist- (2) ELIGIBLE DAMS.— on the date of enactment of this Act; ance Act (25 U.S.C. 450 et seq.) shall apply to (A) HIGH HAZARD POTENTIAL DAMS.—The (iv) the potential economic benefits of the activities carried out under this paragraph. dams eligible for funding under paragraph expenditures on job creation and general (d) TRIBAL SAFETY OF DAMS COMMITTEE.— (1)(B)(i) are Indian high hazard potential economic development in the affected tribal (1) ESTABLISHMENT OF COMMITTEE.— dams in the United States that— communities; (A) ESTABLISHMENT.—The Secretary of the (i) are included in the safety of dams pro- (v) the ability of an Indian dam to address Interior shall establish within the Bureau of gram established pursuant to the Indian tribal, regional, and watershed level flood Indian Affairs the Tribal Safety of Dams Dams Safety Act of 1994 (25 U.S.C. 3801 et prevention needs; Committee (referred to in this paragraph as seq.); and (vi) the need to comply with the dam safe- the ‘‘Committee’’). (B) MEMBERSHIP.— (ii)(I)(aa) are owned by the Federal Gov- ty policies of the Director of the Bureau of (i) COMPOSITION.—The Committee shall be ernment, as listed in the Federal inventory Indian Affairs established to carry out the composed of 15 members, of whom— required by Executive Order 13327 (40 U.S.C. Indian Dams Safety Act of 1994 (25 U.S.C. (I) 11 shall be appointed by the Secretary 121 note; relating to Federal real property 3801 et seq.); asset management); and of the Interior from among individuals who, (vii) the ability of the water storage capac- (bb) are managed by the Bureau of Indian to the maximum extent practicable, have ity of an Indian dam to be increased to pre- Affairs (including dams managed under con- knowledge and expertise in dam safety issues vent flooding in downstream tribal and non- tracts or compacts pursuant to the Indian and flood prevention and mitigation, of tribal communities; and Self-Determination and Education Assist- whom not less than 1 shall be a member of (viii) such other factors as the Secretary ance Act (25 U.S.C. 450 et seq.)); or an Indian tribe in each of the Bureau of In- determines to be appropriate to prioritize (II) have deferred maintenance documented dian Affairs regions of— by the Bureau of Indian Affairs. the use of available funds that are, to the (aa) the Northwest Region; fullest extent practicable, consistent with (B) LOW HAZARD POTENTIAL DAMS.—The (bb) the Pacific Region; dams eligible for funding under paragraph tribal and user recommendations received (cc) the Western Region; (1)(B)(ii) are Indian low hazard potential pursuant to the consultation and input proc- (dd) the Navajo Region; dams in the United States that, on the date ess under paragraph (4). (ee) the Southwest Region; of enactment of this Act— (4) TRIBAL CONSULTATION AND USER INPUT.— (ff) the Rocky Mountain Region; (i) are covered under the Indian Dams Safe- (A) IN GENERAL.—Except as provided in (gg) the Great Plans Region; and ty Act of 1994 (25 U.S.C. 3801 et seq.); and subparagraph (B), before expending funds on (hh) the Midwest Region; (ii)(I)(aa) are owned by the Federal Gov- an Indian dam pursuant to paragraph (1) and (II) 2 shall be appointed by the Secretary of ernment, as listed in the Federal inventory not later than 60 days after the date of en- the Interior from among employees of the required by Executive Order 13327 (40 U.S.C. actment of this Act, the Secretary shall— Bureau of Indian Affairs who have knowledge 121 note; relating to Federal real property (i) consult with the Director of the Bureau and expertise in dam safety issues and flood asset management); and of Indian Affairs on the expenditure of funds; prevention and mitigation; (bb) are managed by the Bureau of Indian (ii) ensure that the Director of the Bureau (III) 1 shall be appointed by the Secretary Affairs (including dams managed under con- of Indian Affairs advises the Indian tribe of the Interior from among employees of the tracts or compacts pursuant to the Indian that has jurisdiction over the land on which Bureau of Reclamation who have knowledge Self-Determination and Education Assist- a dam eligible to receive funding under para- and expertise in dam safety issues and flood ance Act (25 U.S.C. 450 et seq.)); or graph (2) is located on the expenditure of prevention and mitigation; and (II) have deferred maintenance documented funds; and (IV) 1 shall be appointed by the Secretary by the Bureau of Indian Affairs. (iii) solicit and consider the input, com- of the Army from among employees of the (3) REQUIREMENTS AND CONDITIONS.—Not ments, and recommendations of the land- Corps of Engineers who have knowledge and later than 120 days after the date of enact- owners served by the Indian dam. expertise in dam safety issues and flood pre- ment of this Act and as a precondition to (B) EMERGENCIES.—If the Secretary deter- vention and mitigation. amounts being expended from the Fund to mines that an emergency circumstance ex- (ii) NONVOTING MEMBERS.—The members of carry out this subsection, the Secretary, in ists with respect to an Indian dam, subpara- the Committee appointed under subclauses consultation with representatives of affected graph (A) shall not apply with respect to (II) and (III) of clause (i) shall be nonvoting Indian tribes, shall develop and submit to that Indian dam. members. Congress— (5) ALLOCATION AMONG DAMS.— (iii) DATE.—The appointments of the mem- (A) programmatic goals to carry out this (A) IN GENERAL.—Subject to subparagraph bers of the Committee shall be made as soon subsection that— (B), to the maximum extent practicable, the as practicable after the date of enactment of (i) would enable the completion of repair- Secretary shall ensure that, for each of fiscal this Act. ing, replacing, improving, or performing years 2017 through 2037, each Indian dam eli- (C) PERIOD OF APPOINTMENT.—Members maintenance on Indian dams as expedi- gible for funding under paragraph (2) that shall be appointed for the life of the Com- tiously as practicable, subject to the dam has critical maintenance needs receives part mittee. safety policies of the Director of the Bureau of the funding under paragraph (1) to address (D) VACANCIES.—Any vacancy in the Com- of Indian Affairs established to carry out the critical maintenance needs. mittee shall not affect the powers of the Indian Dams Safety Act of 1994 (25 U.S.C. (B) PRIORITY.—In allocating amounts Committee, but shall be filled in the same 3801 et seq.); under paragraph (1)(B), in addition to consid- manner as the original appointment. (ii) facilitate or improve the ability of the ering the funding priorities described in (E) INITIAL MEETING.—Not later than 30 Bureau of Indian Affairs to carry out the paragraph (3), the Secretary shall give pri- days after the date on which all members of mission of the Bureau of Indian Affairs in op- ority to Indian dams eligible for funding the Committee have been appointed, the erating an Indian dam; and under paragraph (2) that serve— Committee shall hold the first meeting. (iii) ensure that the results of government- (i) more than 1 Indian tribe within an In- (F) MEETINGS.—The Committee shall meet to-government consultation required under dian reservation; or at the call of the Chairperson. paragraph (4) be addressed; and (ii) highly populated Indian communities, (G) QUORUM.—A majority of the members (B) funding prioritization criteria to serve as determined by the Secretary. of the Committee shall constitute a quorum, as a methodology for distributing funds (C) CAP ON FUNDING.— but a lesser number of members may hold under this subsection that take into ac- (i) IN GENERAL.—Subject to clause (ii), in hearings. count— allocating amounts under paragraph (1)(B), (H) CHAIRPERSON AND VICE CHAIRPERSON.— (i) the extent to which deferred mainte- the Secretary shall allocate not more than The Committee shall select a Chairperson nance of Indian dams poses a threat to— $10,000,000 to any individual dam described in and Vice Chairperson from among the mem- (I) public or employee safety or health; paragraph (2) during any consecutive 3-year bers. (II) natural or cultural resources; or period. (2) DUTIES OF THE COMMITTEE.— (III) the ability of the Bureau of Indian Af- (ii) EXCEPTION.—Notwithstanding the cap (A) STUDY.—The Committee shall conduct fairs to carry out the mission of the Bureau described in clause (i), if the full amount a thorough study of all matters relating to of Indian Affairs in operating an Indian dam; under paragraph (1)(B) cannot be fully allo- the modernization of the Indian Dams Safety (ii) the extent to which repairing, replac- cated to eligible Indian dams because the Act of 1994 (25 U.S.C. 3801 et seq.). ing, improving, or performing maintenance costs of the remaining activities authorized (B) RECOMMENDATIONS.—The Committee on an Indian dam will— in paragraph (1)(B) of an Indian dam would shall develop recommendations for legisla- (I) improve public or employee safety, exceed the cap described in clause (i), the tion to improve the Indian Dams Safety Act health, or accessibility; Secretary may allocate the remaining funds of 1994 (25 U.S.C. 3801 et seq.). (II) assist in compliance with codes, stand- to eligible Indian dams in accordance with (C) REPORT.—Not later than 1 year after ards, laws, or other requirements; this subsection. the date on which the Committee holds the

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5386 CONGRESSIONAL RECORD — SENATE September 7, 2016 first meeting, the Committee shall submit a detailed to the Committee without reim- Secretary to carry out this section $2,000,000, report containing a detailed statement of the bursement, and such detail shall be without to remain available until expended. findings and conclusions of the Committee, interruption or loss of civil service status or SEC. 4002. COLUMBIA RIVER, SOUTH PLATTE together with recommendations for legisla- privilege. RIVER, AND ARKANSAS RIVER. tion that the Committee considers appro- (E) PROCUREMENT OF TEMPORARY AND (a) ECOSYSTEM RESTORATION.—Section priate, to— INTERMITTENT SERVICES.—The Chairperson of (i) the Committee on Indian Affairs of the the Committee may procure temporary and 536(g) of the Water Resources Development Senate; and intermittent services under section 3109(b) of Act of 2000 (Public Law 106–541; 114 Stat. 2662; (ii) the Committee on Natural Resources of title 5, United States Code, at rates for indi- 128 Stat. 1314) is amended by striking the House of Representatives. viduals that do not exceed the daily equiva- ‘‘$50,000,000’’ and inserting ‘‘$75,000,000’’. (3) POWERS OF THE COMMITTEE.— lent of the annual rate of basic pay pre- (b) WATERCRAFT INSPECTION STATIONS.— (A) HEARINGS.—The Committee may hold scribed for level V of the Executive Schedule Section 104 of the River and Harbor Act of such hearings, sit and act at such times and under section 5316 of that title. 1958 (33 U.S.C. 610) is amended— places, take such testimony, and receive (5) TERMINATION OF THE COMMITTEE.—The (1) by striking subsection (b) and inserting such evidence as the Committee considers Committee shall terminate 90 days after the the following: appropriate to carry out this paragraph. date on which the Committee submits the re- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— (B) INFORMATION FROM FEDERAL AGENCIES.— port under paragraph (2)(C). ‘‘(1) IN GENERAL.—There are authorized to (i) IN GENERAL.—The Committee may se- (6) FUNDING.—Of the amounts authorized to be appropriated such sums as are necessary, cure directly from any Federal department be expended from either Fund, $1,000,000 shall but not more than $65,000,000, to carry out or agency such information as the Com- be made available from either Fund during this section for each fiscal year, of which— mittee considers necessary to carry out this fiscal year 2017 to carry out this subsection, ‘‘(A) $20,000,000 shall be made available to paragraph. to remain available until expended. carry out subsection (d)(1)(A)(i); and (ii) REQUEST.—On request of the Chair- (e) INDIAN DAM SURVEYS.— ‘‘(B) $25,000,000 shall be made available to person of the Committee, the head of any (1) TRIBAL REPORTS.—The Secretary shall carry out clauses (ii) and (iii) of subsection Federal department or agency shall furnish request that, not less frequently than once (d)(1)(A). information described in clause (i) to the every 180 days, each Indian tribe submit to ‘‘(2) ALLOCATION.—Any funds made avail- Committee. the Secretary a report providing an inven- able under paragraph (1) that are employed (C) POSTAL SERVICES.—The Committee may tory of the dams located on the land of the for control operations shall be allocated by use the United States mails in the same Indian tribe. the Chief of Engineers on a priority basis, manner and under the same conditions as (2) BIA REPORTS.—Not less frequently than based on— other departments and agencies of the Fed- once each year, the Secretary shall submit ‘‘(A) the urgency and need of each area; eral Government. to Congress a report describing the condition and (D) GIFTS.—The Committee may accept, of each dam under the partial or total juris- ‘‘(B) the availability of local funds.’’; and use, and dispose of gifts or donations of serv- diction of the Secretary. (2) in subsection (d)— ices or property. (f) FLOOD PLAIN MANAGEMENT PILOT PRO- (A) by striking paragraph (1) and inserting (4) COMMITTEE PERSONNEL MATTERS.— GRAM.— the following: (A) COMPENSATION OF MEMBERS.— (1) ESTABLISHMENT.—The Secretary shall ‘‘(1) ESTABLISHMENT, OPERATION, AND MAIN- (i) NON-FEDERAL MEMBERS.—Each member establish, within the Bureau of Indian Af- TENANCE.— of the Committee who is not an officer or fairs, a flood plain management pilot pro- ‘‘(A) IN GENERAL.—In carrying out this sec- employee of the Federal Government shall gram (referred to in this subsection as the tion, the Secretary may establish, operate, be compensated at a rate equal to the daily ‘‘program’’) to provide, at the request of an and maintain watercraft inspection stations equivalent of the annual rate of basic pay Indian tribe, guidance to the Indian tribe re- to protect— prescribed for level IV of the Executive lating to best practices for the mitigation Schedule under section 5315 of title 5, United ‘‘(i) the Columbia River Basin; and prevention of floods, including consulta- ‘‘(ii) the South Platte River Basin located States Code, for each day (including travel tion with the Indian tribe on— time) during which the member is engaged in in the States of Colorado, Nebraska, and Wy- (A) flood plain mapping; or oming; and the performance of the duties of the Com- (B) new construction planning. mittee. ‘‘(iii) the Arkansas River Basin located in (2) TERMINATION.—The program shall ter- the States of Arkansas, Colorado, Kansas, (ii) FEDERAL MEMBERS.—Each member of minate on the date that is 4 years after the and Oklahoma. the Committee who is an officer or employee date of enactment of this Act. of the Federal Government shall serve with- ‘‘(B) LOCATION.—The watercraft inspection (3) FUNDING.—Of the amounts authorized to stations under subparagraph (A) shall be lo- out compensation in addition to that re- be expended from either Fund, $250,000 shall ceived for services as an officer or employee cated in areas, as determined by the Sec- be made available from either Fund during retary, with the highest likelihood of pre- of the Federal Government. each of fiscal years 2017, 2018, and 2019 to (B) TRAVEL EXPENSES.—The members of venting the spread of aquatic invasive spe- carry out this subsection, to remain avail- the Committee shall be allowed travel ex- cies at reservoirs operated and maintained able until expended. penses, including per diem in lieu of subsist- by the Secretary.’’; and ence, at rates authorized for employees of TITLE IV—RIVER BASINS, WATERSHEDS, (B) in paragraph (3), by striking subpara- agencies under subchapter I of chapter 57 of AND COASTAL AREAS graph (A) and inserting the following: title 5, United States Code, while away from SEC. 4001. GULF COAST OYSTER BED RECOVERY ‘‘(A) the Governor of each State in which a their homes or regular places of business in PLAN. station is established under paragraph (1);’’. the performance of services for the Com- (a) DEFINITION OF GULF STATES.—In this (c) TRIBAL HOUSING.— mittee. section, the term ‘‘Gulf States’’ means each (1) DEFINITION OF REPORT.—In this sub- (C) STAFF.— of the States of Alabama, Florida, Louisiana, section, the term ‘‘report’’ means the final (i) IN GENERAL.— Mississippi, and Texas. report for the Portland District, Corps of En- (b) GULF COAST OYSTER BED RECOVERY (I) APPOINTMENT.—The Chairperson of the gineers, entitled ‘‘Columbia River Treaty PLAN.—The Secretary, in coordination with Committee may, without regard to the civil Fishing Access Sites, Oregon and Wash- the Gulf States, shall develop and implement service laws and regulations, appoint and ington: Fact-finding Review on Tribal Hous- a plan to assist in the recovery of oyster terminate an executive director and such ing’’ and dated November 19, 2013. beds on the coast of Gulf States that were SSISTANCE AUTHORIZED.—As replace- other additional personnel as may be nec- damaged by events including— (2) A ment housing for Indian families displaced essary to enable the Committee to perform (1) Hurricane Katrina in 2005; due to the construction of the Bonneville the duties of the Committee. (2) the Deep Water Horizon oil spill in 2010; ONFIRMATION.—The employment of an Dam, on the request of the Secretary of the (II) C and executive director shall be subject to con- Interior, the Secretary may provide assist- (3) floods in 2011 and 2016. firmation by the Committee. (c) INCLUSION.—The plan developed under ance on land transferred by the Department (ii) COMPENSATION.—The Chairperson of the subsection (b) shall address the beneficial of the Army to the Department of the Inte- Committee may fix the compensation of the use of dredged material in providing sub- rior pursuant to title IV of Public Law 100– executive director and other personnel with- strate for oyster bed development. 581 (102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; out regard to chapter 51 and subchapter III of (d) SUBMISSION.—Not later than 18 months 114 Stat. 2679; 118 Stat. 544) for the number of chapter 53 of title 5, United States Code, re- after the date of enactment of this Act, the families estimated in the report as having lating to classification of positions and Gen- Secretary shall submit to the Committee of received no relocation assistance. eral Schedule pay rates, except that the rate Environment and Public Works of the Senate (3) STUDY.—The Secretary shall— of pay for the executive director and other and the Committee on Transportation and (A) conduct a study to determine the num- personnel may not exceed the rate payable Infrastructure of the House of Representa- ber of Indian people displaced by the con- for level V of the Executive Schedule under tives the plan developed under subsection struction of the John Day Dam; and section 5316 of that title. (b). (B) identify a plan for suitable housing to (D) DETAIL OF GOVERNMENT EMPLOYEES.— (e) AUTHORIZATION OF APPROPRIATIONS.— replace housing lost to the construction of Any Federal Government employee may be There is authorized to be appropriated to the the John Day Dam.

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(d) COLUMBIA AND LOWER WILLAMETTE RIV- form and Development Act of 2014 (Public 110–114; 121 Stat. 1187), the Secretary shall ERS BELOW VANCOUVER, WASHINGTON AND OR- Law 113–121; 128 Stat. 1311) is amended by consider studies, data, or information devel- EGON.—The Secretary shall conduct a study adding at the end the following: oped by the Gulf Coast Community Protec- to determine the feasibility of modifying the ‘‘(5) LEAD AGENCY.—The Corps of Engineers tion and Recovery District to expedite com- project for navigation, Columbia and Lower shall be the lead agency for carrying out and pletion of the study. Willamette Rivers below Vancouver, Wash- coordinating the activities described in para- SEC. 4010. UPPER MISSISSIPPI AND ILLINOIS RIV- ington and Portland, Oregon, authorized by graph (1).’’. ERS FLOOD RISK MANAGEMENT. section 101 of the River and Harbor Act of SEC. 4004. PUGET SOUND NEARSHORE ECO- (a) IN GENERAL.—The Secretary shall con- 1962 (Public Law 87–874; 76 Stat. 1177) to ad- SYSTEM RESTORATION. duct a study at Federal expense to determine dress safety risks. Section 544(f) of the Water Resources De- the feasibility of carrying out projects to ad- SEC. 4003. MISSOURI RIVER. velopment Act of 2000 (Public Law 106–541; dress systemic flood damage reduction in the (a) RESERVOIR SEDIMENT MANAGEMENT.— 114 Stat. 2675) is amended by striking upper Mississippi and Illinois River basins. (1) DEFINITION OF SEDIMENT MANAGEMENT ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. (b) PURPOSE.—The purposes of the study PLAN.—In this subsection, the term ‘‘sedi- SEC. 4005. ICE JAM PREVENTION AND MITIGA- under subsection (a) are— ment management plan’’ means a plan for TION. (1) to develop an integrated, comprehen- preventing sediment from reducing water (a) IN GENERAL.—The Secretary may carry sive, and systems-based approach to mini- storage capacity at a reservoir and increas- out projects under section 205 of the Flood mize the threat to health and safety result- ing water storage capacity through sediment Control Act of 1948 (33 U.S.C. 701s), including ing from flooding by using structural and removal at a reservoir. planning, design, construction, and moni- nonstructural flood risk management meas- (2) UPPER MISSOURI RIVER BASIN PILOT PRO- toring of structural and nonstructural tech- ures; GRAM.—The Secretary shall carry out a pilot nologies and measures for preventing and (2) to reduce damages and costs associated program for the development and implemen- mitigating flood damages associated with ice with flooding; tation of sediment management plans for jams. (3) to identify opportunities to support en- reservoirs owned and operated by the Sec- (b) INCLUSION.—The projects described in vironmental sustainability and restoration retary in the Upper Missouri River Basin, on subsection (a) may include the development goals of the Upper Mississippi River and Illi- request by project beneficiaries. and demonstration of cost-effective tech- nois River floodplain as part of any systemic (3) PLAN ELEMENTS.—A sediment manage- nologies and designs developed in consulta- flood risk management plan; and ment plan under paragraph (2) shall— tion with— (4) to seek opportunities to address, in con- (A) provide opportunities for project bene- (1) the Cold Regions Research and Engi- cert with flood risk management measures, ficiaries and other stakeholders to partici- neering Laboratory of the Corps of Engi- other floodplain specific problems, needs, pate in sediment management decisions; neers; and opportunities. (B) evaluate the volume of sediment in a (2) universities; (c) STUDY COMPONENTS.—In carrying out reservoir and impacts on storage capacity; (3) Federal, State, and local agencies; and the study under subsection (a), the Secretary (C) identify preliminary sediment manage- (4) private organizations. shall— ment options, including sediment dikes and (c) PILOT PROGRAM.— (1) as appropriate, coordinate with the dredging; (1) AUTHORIZATION.—In addition to the heads of other appropriate Federal agencies, (D) identify constraints; funding authorized under section 205 of the the Governors of the States within the Upper (E) assess technical feasibility, economic Flood Control Act of 1948 (33 U.S.C. 701s), the Mississippi and Illinois River basins, the ap- justification, and environmental impacts; Secretary is authorized to expend $30,000,000 propriate levee and drainage districts, non- (F) identify beneficial uses for sediment; to carry out pilot projects to demonstrate and profit organizations, and other interested technologies and designs developed in ac- parties; (G) to the maximum extent practicable, cordance with this section. use, develop, and demonstrate innovative, (2) recommend projects for reconstruction (2) PRIORITY.—In carrying out pilot cost-saving technologies, including struc- of existing levee systems so as to develop projects under paragraph (1), the Secretary tural and nonstructural technologies and de- and maintain a comprehensive system for shall give priority to projects in the Upper signs, to manage sediment. flood risk reduction and floodplain manage- Missouri River Basin. (4) COST SHARE.—The beneficiaries request- ment; (3) SUNSET.—The pilot program under this ing the plan shall share in the cost of devel- (3) perform a systemic analysis of critical subsection shall terminate on December 31, opment and implementation of a sediment transportation systems to determine the fea- 2026. management plan allocated in accordance sibility of protecting river approaches for with the benefits to be received. SEC. 4006. CHESAPEAKE BAY OYSTER RESTORA- land-based systems, highways, and railroads; TION. (5) CONTRIBUTED FUNDS.—The Secretary (4) develop a basin-wide hydrologic model Section 704(b)(1) of the Water Resources may accept funds from non-Federal interests for the Upper Mississippi River System and Development Act of 1986 (33 U.S.C. 2263(b)(1)) and other Federal agencies to develop and update as changes occur and new data is is amended by striking ‘‘$60,000,000’’ and in- implement a sediment management plan available; and serting ‘‘$100,000,000’’. under this subsection. (5) use, to the maximum extent prac- SEC. 4007. NORTH ATLANTIC COASTAL REGION. (6) GUIDANCE.—The Secretary shall use the ticable, any existing plans and data. knowledge gained through the development Section 4009 of the Water Resources Re- (d) BASIS FOR RECOMMENDATIONS.—In rec- and implementation of sediment manage- form and Development Act of 2014 (Public ommending a project under subsection (c)(2), ment plans under paragraph (2) to develop Law 113–121; 128 Stat. 1316) is amended— the Secretary may justify the project based guidance for sediment management at other (1) in subsection (a), by striking ‘‘conduct on system-wide benefits. reservoirs. a study to determine the feasibility of car- SEC. 4011. SALTON SEA, CALIFORNIA. rying out projects’’ and inserting ‘‘develop a (7) PARTNERSHIP WITH SECRETARY OF THE IN- Section 3032 of the Water Resources Devel- comprehensive assessment and management TERIOR.— opment Act of 2007 (Public Law 110–114; 121 plan at Federal expense’’; (A) IN GENERAL.—The Secretary shall carry Stat. 1113) is amended— out the pilot program established under this (2) in subsection (b), by striking the sub- (1) in subsection (b)— subsection in partnership with the Secretary section designation and heading and all that (A) in the subsection heading, by striking of the Interior, and the program may apply follows through ‘‘In carrying out the study’’ ‘‘PILOT PROJECTS’’ and inserting to reservoirs managed or owned by the Bu- and inserting the following: ‘‘PROJECTS’’; reau of Reclamation on execution of a ‘‘(b) ASSESSMENT AND MANAGEMENT PLAN.— (B) in paragraph (1)— memorandum of agreement between the Sec- In developing the comprehensive assessment (i) in subparagraph (A), by striking ‘‘the retary and the Secretary of the Interior es- and management plan’’; and pilot’’; and tablishing the framework for a partnership (3) in subsection (c)(1), in the matter pre- (ii) in subparagraph (B)— and the terms and conditions for sharing ex- ceding subparagraph (A), by striking ‘‘identi- (I) in clause (i), in the matter preceding pertise and resources. fied in the study pursuant to subsection (a)’’ subclause (I), by striking ‘‘the pilot’’; and inserting ‘‘identified in the comprehen- (B) LEAD AGENCY.—The Secretary that has (II) in subclause (I), by inserting ‘‘, Salton primary jurisdiction over the reservoir shall sive assessment and management plan under Sea Authority, or other non-Federal inter- take the lead in developing and imple- this section’’. est’’ before the semicolon at the end; and menting a sediment management plan for SEC. 4008. RIO GRANDE. (III) in subclause (II), by striking ‘‘pilot’’; that reservoir. Section 5056(f) of the Water Resources De- (C) in paragraph (2), in the matter pre- (8) OTHER AUTHORITIES NOT AFFECTED.— velopment Act of 2007 (Public Law 110–114; ceding subparagraph (A), by striking ‘‘pilot’’; Nothing in this subsection affects sediment 121 Stat. 1214; 128 Stat. 1315) is amended by and management or the share of costs paid by striking ‘‘2019’’ and inserting ‘‘2024’’. (D) in paragraph (3)— Federal and non-Federal interests relating to SEC. 4009. TEXAS COASTAL AREA. (i) by striking ‘‘pilot’’ each place it ap- sediment management under any other pro- In carrying out the Coastal Texas eco- pears; and vision of law (including regulations). system protection and restoration study au- (ii) by inserting ‘‘, Salton Sea Authority, (b) SNOWPACK AND DROUGHT MONITORING.— thorized by section 4091 of the Water Re- or other non-Federal interest’’ after ‘‘State’’; Section 4003(a) of the Water Resources Re- sources Development Act of 2007 (Public Law and

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(B) States that have approved coastal man- The Secretary shall conduct studies to de- Section 219(f)(25) of the Water Resources agement programs and appropriate agencies termine the feasibility of implementing Development Act of 1992 (Public Law 102–580; of those States; projects for flood risk management, eco- 113 Stat. 336) is amended— (C) local governments; and system restoration, navigation, water sup- (1) by inserting ‘‘Berkeley’’ before ‘‘Cal- (D) the private sector. ply, recreation, and other water resource re- houn’’; and (b) STREAMLINING.—In carrying out this lated purposes within the Kanawha River (2) by striking ‘‘Orangeberg, and Sumter’’ section, the Secretary shall— Basin, West Virginia, Virginia, and North and inserting ‘‘and Orangeberg’’. (1) to the maximum extent practicable, use Carolina. existing research done by Federal, State, re- SEC. 4013. COASTAL RESILIENCY. SEC. 4017. CONSIDERATION OF FULL ARRAY OF (a) IN GENERAL.—Section 4014(b) of the gional, local, and private entities to elimi- MEASURES FOR COASTAL RISK RE- Water Resources Reform and Development nate redundancies and related costs; DUCTION. (2) receive from any of the entities de- Act of 2014 (33 U.S.C. 2803a(b)) is amended— (a) DEFINITIONS.—In this section: scribed in subsection (a)(2)— (1) in paragraph (1), by inserting ‘‘Indian (1) NATURAL FEATURE.—The term ‘‘natural (A) contributed funds; or tribes,’’ after ‘‘nonprofit organizations,’’; feature’’ means a feature that is created (B) research that may be eligible for credit (2) by redesignating paragraphs (3) and (4) through the action of physical, geological, as work-in-kind under applicable Federal as paragraphs (4) and (5), respectively; and biological, and chemical processes over time. law; and (3) by inserting after paragraph (2) the fol- (2) NATURE-BASED FEATURE.—The term ‘‘na- (3) enable each District or combination of lowing: ture-based feature’’ means a feature that is Districts of the Corps of Engineers that ‘‘(3) give priority to projects in commu- created by human design, engineering, and jointly participate in carrying out an assess- nities the existence of which is threatened construction to protect, and in concert with, ment under this section to consider region- by rising sea level, including projects relat- natural processes to provide risk reduction ally appropriate engineering, biological, eco- ing to shoreline restoration, tidal marsh res- in coastal areas. logical, social, economic, and other factors toration, dunal habitats to protect coastal (b) REQUIREMENT.—In developing projects infrastructure, reduction of future and exist- in carrying out the assessment. (c) REPORTS.—The Secretary shall submit for coastal risk reduction, the Secretary ing emergency repair costs, and projects that shall consider, as appropriate— use dredged materials;’’. to the Committee on Environment and Pub- lic Works of the Senate and the Committee (1) natural features; (b) INTERAGENCY COORDINATION ON COASTAL (2) nature-based features; RESILIENCE.— on Transportation and Infrastructure of the House of Representatives all reports and rec- (3) nonstructural measures; and (1) IN GENERAL.—The Secretary shall con- (4) structural measures. vene an interagency working group on resil- ommendations prepared under this section, (c) REPORT TO CONGRESS.— ience to extreme weather, which will coordi- together with any necessary supporting doc- (1) IN GENERAL.—Not later than February 1, nate research, data, and Federal investments umentation. 2020, the Secretary shall submit to the Com- related to sea level rise, resiliency, and vul- SEC. 4015. SOUTH ATLANTIC COASTAL STUDY. mittee on Environment and Public Works of nerability to extreme weather, including (a) IN GENERAL.—The Secretary shall con- the Senate and the Committee on Transpor- coastal resilience. duct a study of the coastal areas located tation and Infrastructure of the House of (2) CONSULTATION.—The interagency work- within the geographical boundaries of the Representatives a report on the implementa- ing group convened under paragraph (1) South Atlantic Division of the Corps of Engi- tion of subsection (b). shall— neers to identify the risks and (2) CONTENTS.—The report under paragraph (A) participate in any activity carried out vulnerabilities of those areas to increased (1) shall include, at a minimum, the fol- by an organization authorized by a State to hurricane and storm damage as a result of lowing: study and issue recommendations on how to sea level rise. (A) A description of guidance or instruc- address the impacts on Federal assets of re- (b) REQUIREMENTS.—In carrying out the tions issued, and other measures taken, by current flooding and sea level rise, including study under subsection (a), the Secretary the Secretary and the Chief of Engineers to providing consultation regarding policies, shall— implement subsection (b). programs, studies, plans, and best practices (1) conduct a comprehensive analysis of (B) An assessment of the costs, benefits, relating to recurrent flooding and sea level current hurricane and storm damage reduc- impacts, and trade-offs associated with rise in areas with significant Federal assets; tion measures with an emphasis on regional measures recommended by the Secretary for and sediment management practices to coastal risk reduction and the effectiveness (B) share physical, biological, and socio- sustainably maintain or enhance current lev- of those measures. economic data among such State organiza- els of storm protection; (C) A description of any statutory, fiscal, tions, as appropriate. (2) identify risks and coastal vulnerabilities in the areas affected by sea or regulatory barriers to the appropriate SEC. 4014. REGIONAL INTERGOVERNMENTAL consideration and use of a full array of meas- COLLABORATION ON COASTAL RE- level rise; ures for coastal risk reduction. SILIENCE. (3) recommend measures to address the (a) REGIONAL ASSESSMENTS.— vulnerabilities described in paragraph (2); SEC. 4018. WATERFRONT COMMUNITY REVITAL- (1) IN GENERAL.—The Secretary may con- and IZATION AND RESILIENCY. duct regional assessments of coastal and (4) develop a long-term strategy for— (a) FINDINGS.—Congress finds that— back bay protection and of Federal and State (A) addressing increased hurricane and (1) many communities in the United States policies and programs related to coastal storm damages that result from rising sea were developed along waterfronts; water resources, including— levels; and (2) water proximity and access is a recog- (A) an assessment of the probability and (B) identifying opportunities to enhance nized economic driver; the extent of coastal flooding and erosion, resiliency, increase sustainability, and lower (3) water shortages faced by parts of the including back bay and estuarine flooding; risks in— United States underscore the need to man- (B) recommendations for policies and other (i) populated areas; age water sustainably and restore water measures related to regional Federal, State, (ii) areas of concentrated economic devel- quality; local, and private participation in shoreline opment; and (4) interest in waterfront revitalization and back-bay protection projects; (iii) areas with vulnerable environmental and development has grown, while the cir- (C) an evaluation of the performance of ex- resources. cumstances driving waterfront development isting Federal coastal storm damage reduc- (c) CONSULTATION.—The Secretary shall co- have changed; tion, ecosystem restoration, and navigation ordinate, as appropriate, with the heads of (5) waterfront communities face challenges projects, including recommendations for the other Federal departments and agencies, the to revitalizing and leveraging water re- improvement of those projects; Governors of the affected States, regional sources, such as outdated development pat- (D) an assessment of the value and impacts governmental agencies, and units of local terns, deteriorated water infrastructure, in- of implementation of regional, systems- government to address coastal impacts re- dustrial contamination of soil and sediment, based, watershed-based, and interstate ap- sulting from sea level rise. and lack of public access to the waterfront, proaches if practicable; (d) REPORT.—Not later than 4 years after which are often compounded by overarching (E) recommendations for the demonstra- the date of enactment of this Act, the Sec- economic distress in the community; tion of methodologies for resilience through retary shall submit to the Committee on En- (6) public investment in waterfront com- the use of natural and nature-based infra- vironment and Public Works of the Senate munity development and infrastructure structure approaches, as appropriate; and and the Committee on Transportation and should reflect changing ecosystem condi- (F) recommendations regarding alternative Infrastructure of the House of Representa- tions and extreme weather projections to en- sources of funding for new and existing tives a report recommending specific and de- sure strategic, resilient investments; projects. tailed actions to address risks and (7) individual communities have unique (2) COOPERATION.—In carrying out para- vulnerabilities of the areas described in sub- priorities, concerns, and opportunities re- graph (1), the Secretary shall cooperate section (a) to increased hurricane and storm lated to waterfront restoration and commu- with— damage as a result of sea level rise. nity revitalization; and

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(8) the Secretary of Commerce has unique (ii) the community relationship to the (A) IN GENERAL.—Technical assistance may expertise in Great Lakes and ocean coastal water, including— be provided for the development of a resil- resiliency and economic development. (I) quality of life; ient waterfront community plan. (b) DEFINITIONS.—In this section: (II) public health; (B) ELIGIBLE PLANNING ACTIVITIES.—In de- (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (III) community heritage; and veloping a resilient waterfront community has the meaning given the term in section 4 (IV) public access, particularly in areas in plan, a resilient waterfront community of the Indian Self-Determination and Edu- which publicly funded ecosystem restoration may— cation Assistance Act (25 U.S.C. 450b). is underway; (i) conduct community visioning and out- (2) RESILIENT WATERFRONT COMMUNITY.— (iii) ecosystem challenges and projections, reach; The term ‘‘resilient waterfront community’’ including unresolved and emerging impacts (ii) identify challenges and opportunities; means a unit of local government or Indian to the health and safety of the waterfront (iii) develop strategies and solutions; tribe that is— and projections for extreme weather and (iv) prepare plan materials, including text, (A)(i) bound in part by— water conditions; maps, design, and preliminary engineering; (I) a Great Lake; or (iv) infrastructure needs and opportunities, (v) collaborate across local agencies and (II) an ocean; or to facilitate strategic and sustainable cap- work with regional, State, and Federal agen- (ii) bordered or traversed by a riverfront or ital investments in— cies to identify, understand, and develop re- an inland lake; (I) docks, piers, and harbor facilities; sponses to changing ecosystem and economic (B) self-nominated as a resilient water- (II) protection against storm surges, circumstances; and front community; and waves, and flooding; (vi) conduct other planning activities that (C) designated by the Secretary as a resil- (III) stormwater, sanitary sewer, and the Secretary considers necessary for the de- ient waterfront community on the basis of drinking water systems, including green in- velopment of a resilient waterfront commu- the development by the community of an eli- frastructure and opportunities to control nity plan that responds to revitalization and gible resilient waterfront community plan, nonpoint source runoff; and resiliency issues confronted by the resilient with eligibility determined by the Secretary (IV) other community facilities and pri- waterfront community. after considering the requirements of para- vate development; and (4) IMPLEMENTATION ACTIVITIES.— graphs (2) and (3) of subsection (c). (v) such other factors as are determined by (A) IN GENERAL.—Implementation assist- (3) SECRETARY.—The term ‘‘Secretary’’ the Secretary to align with metrics or indi- ance may be provided— means the Secretary of Commerce. cators for resiliency, considering environ- (i) to initiate implementation of a resilient (c) RESILIENT WATERFRONT COMMUNITIES mental and economic changes. waterfront community plan and facilitate DESIGNATION.— (4) DURATION.—After the designation of a high-quality development, including (1) DESIGNATION.— community as a resilient waterfront commu- leveraging local and private sector invest- (A) IN GENERAL.—Subject to subparagraph ment; and (B), the Secretary shall designate resilient nity under paragraph (1), a resilient water- front community plan developed in accord- (ii) to address strategic community prior- waterfront communities based on the extent ities that are identified in the resilient wa- to which a community meets the criteria de- ance with paragraphs (2) and (3) may be— (A) effective for the 10-year period begin- terfront community plan. scribed in paragraph (2). SSISTANCE.—Assistance may be pro- ning on the date on which the Secretary ap- (B) A (B) COLLABORATION.—For inland lake and vided to advance implementation activities, proves the resilient waterfront community riverfront communities, in making the des- such as— plan; and ignation described in subparagraph (A), the (i) site preparation; (B) updated by the resilient waterfront Secretary shall work with the Administrator (ii) environmental review; community and submitted to the Secretary of the Environmental Protection Agency and (iii) engineering and design; for the approval of the Secretary before the the heads of other Federal agencies, as the (iv) acquiring easements or land for uses expiration of the 10-year period. Secretary determines to be necessary. such as green infrastructure, public amen- (2) RESILIENT WATERFRONT COMMUNITY (d) RESILIENT WATERFRONT COMMUNITIES ities, or assembling development sites; PLAN.—A resilient waterfront community NETWORK.— (v) updates to zoning codes; plan is a community-driven vision and plan (1) IN GENERAL.—The Secretary shall de- (vi) construction of— that is developed— velop and maintain a resilient waterfront (I) public waterfront or boating amenities; (A) voluntarily at the discretion of the communities network to facilitate the shar- and community— ing of best practices among waterfront com- (II) public spaces; (i) to respond to local needs; or munities. (vii) infrastructure upgrades to improve (ii) to take advantage of new water-ori- (2) PUBLIC RECOGNITION.—In consultation coastal resiliency; ented opportunities; with designated resilient waterfront commu- (viii) economic and community develop- (B) with the leadership of the relevant gov- nities, the Secretary shall provide formal ment marketing and outreach; and ernmental entity or Indian tribe with the ac- public recognition of the designated resilient (ix) other activities at the discretion of the tive participation of— waterfront communities to promote tourism, Secretary. (i) community residents; investment, or other benefits. (C) IMPLEMENTATION PARTNERS.— (ii) utilities; and (e) WATERFRONT COMMUNITY REVITALIZA- (i) IN GENERAL.—To assist in the comple- (iii) interested business and nongovern- TION ACTIVITIES.— tion of implementation activities, a lead mental stakeholders; (1) IN GENERAL.—To support a community non-Federal partner may contract or other- (C) as a new document or by amending or in leveraging other sources of public and pri- wise collaborate with a non-Federal imple- compiling community planning documents, vate investment, the Secretary may use ex- mentation partner, including— as necessary, at the discretion of the Sec- isting authority to support— (I) a nonprofit organization; retary; (A) the development of a resilient water- (II) a public utility; (D) in consideration of all applicable Fed- front community plan, including planning (III) a private entity; eral and State coastal zone management and feasibility analysis; and (IV) an institution of higher education; planning requirements; (B) the implementation of strategic com- (V) a State government; or (E) to address economic competitive ponents of a resilient waterfront community (VI) a regional organization. strengths; and plan after the resilient waterfront commu- (ii) LEAD NON-FEDERAL PARTNER RESPONSI- (F) to complement and incorporate the ob- nity plan has been approved by the Sec- BILITY.—The lead non-Federal partner shall jectives and recommendations of applicable retary. ensure that assistance and resources re- regional economic plans. (2) NON-FEDERAL PARTNERS.— ceived by the lead non-Federal partner to ad- (3) COMPONENTS OF A RESILIENT WATER- (A) LEAD NON-FEDERAL PARTNERS.—A unit vance the resilient waterfront community FRONT COMMUNITY PLAN.—A resilient water- of local government or an Indian tribe shall plan of the lead non-Federal partner and for front community plan shall— be eligible to be considered as a lead non- related activities are used for the purposes (A) consider all, or a portion of, the water- Federal partner if the unit of local govern- of, and in a manner consistent with, any ini- front area and adjacent land and water to ment or Indian tribe is— tiative advanced by the Secretary for the which the waterfront is connected eco- (i) bound in part by— purpose of promoting waterfront community logically, economically, or through local (I) a Great Lake; or revitalization and resiliency. governmental or tribal boundaries; (II) an ocean; or (5) USE OF NON-FEDERAL RESOURCES.— (B) describe a vision and plan for the com- (ii) bordered or traversed by a riverfront or (A) IN GENERAL.—A resilient waterfront munity to develop as a vital and resilient an inland lake. community receiving assistance under this waterfront community, integrating consider- (B) NON-FEDERAL IMPLEMENTATION PART- subsection shall provide non-Federal funds ation of— NERS.—Subject to paragraph (4)(C), a lead toward completion of planning or implemen- (i) the economic opportunities resulting non-Federal partner may contract with an tation activities. from water proximity and access, including— eligible non-Federal implementation partner (B) NON-FEDERAL RESOURCES.—Non-Federal (I) water-dependent industries; for implementation activities described in funds may be provided by— (II) water-oriented commerce; and paragraph (4)(B). (i) 1 or more units of local or tribal govern- (III) recreation and tourism; (3) PLANNING ACTIVITIES.— ment;

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(ii) a State government; (d) STONINGTON HARBOR, CONNECTICUT.— tucky, together with any improvements on (iii) a nonprofit organization; The portion of the project for navigation, the land, for use by the Department of Fish (iv) a private entity; Stonington Harbor, Connecticut, authorized and Wildlife Resources of the State of Ken- (v) a foundation; by the Act of May 23, 1828 (4 Stat. 288; chap- tucky for the purposes of— (vi) a public utility; or ter 73) that consists of the inner stone break- (i) removing the structure from the river (vii) a regional organization. water that begins at coordinates N. at the earliest feasible time; and (f) INTERAGENCY AWARENESS.—At regular 682,146.42, E. 1231,378.69, running north 83.587 (ii) making the land available for conserva- intervals, the Secretary shall provide a list degrees west 166.79’ to a point N. 682,165.05, E. tion and public recreation, including river of resilient waterfront communities to the 1,231,212.94, running north 69.209 degrees west access. applicable States and the heads of national 380.89’ to a point N. 682,300.25, E. 1,230,856.86, (3) CONDITIONS.— and regional offices of interested Federal is no longer authorized as a Federal project (A) IN GENERAL.—The exact acreage and agencies, including at a minimum— beginning on the date of enactment of this legal description of any land to be disposed (1) the Secretary of Transportation; Act. of, transferred, or conveyed under this sub- (2) the Secretary of Agriculture; (e) GREEN RIVER AND BARREN RIVER, KEN- section shall be determined by a survey sat- (3) the Administrator of the Environ- TUCKY.— isfactory to the Secretary. (1) IN GENERAL.—Beginning on the date of mental Protection Agency; (B) QUITCLAIM DEED.—A conveyance under enactment of this Act, commercial naviga- (4) the Administrator of the Federal Emer- subparagraph (A), (B), (D), or (E) of para- tion at the locks and dams identified in the gency Management Agency; graph (2) shall be accomplished by quitclaim report of the Chief of Engineers entitled (5) the Assistant Secretary of the Army for deed and without consideration. ‘‘Green River Locks and Dams 3, 4, 5, and 6 Civil Works; (C) ADMINISTRATIVE COSTS.—The Secretary and Barren River Lock and Dam 1, Ken- (6) the Secretary of the Interior; and shall be responsible for all administrative tucky’’ and dated April 30, 2015, shall no (7) the Secretary of Housing and Urban De- costs associated with a transfer or convey- longer be authorized, and the land and im- velopment. ance under this subsection, including the provements associated with the locks and (g) NO NEW REGULATORY AUTHORITY.— costs of a survey carried out under subpara- dams shall be— Nothing in this section may be construed as graph (A). establishing new authority for any Federal (A) disposed of consistent with paragraph (2); and (D) REVERSION.—If the Secretary deter- agency. (B) subject to such terms and conditions as mines that the land transferred or conveyed TITLE V—DEAUTHORIZATIONS the Secretary determines to be necessary under this subsection is not used by a non- SEC. 5001. DEAUTHORIZATIONS. and appropriate in the public interest. Federal entity for a purpose that is con- sistent with the purpose of the transfer or (a) VALDEZ, ALASKA.— (2) DISPOSITION.— (1) IN GENERAL.—Subject to paragraph (2), (A) GREEN RIVER LOCK AND DAM 3.—The Sec- conveyance, all right, title, and interest in the portions of the project for navigation, retary shall convey to the Rochester Dam and to the land, including any improvements Valdez, Alaska, identified as Tract G, Harbor Regional Water Commission all right, title, on the land, shall revert, at the discretion of Subdivision, shall not be subject to naviga- and interest of the United States in and to the Secretary, to the United States, and the tion servitude beginning on the date of en- Green River Lock and Dam 3, located in Ohio United States shall have the right of imme- actment of this Act. County and Muhlenberg County, Kentucky, diate entry onto the land. (2) ENTRY BY FEDERAL GOVERNMENT.—The together with any improvements on the (f) PORT OF CASCADE LOCKS, OREGON.— Federal Government may enter on the prop- land. (1) TERMINATION OF PORTIONS OF EXISTING erty referred to in paragraph (1) to carry out (B) GREEN RIVER LOCK AND DAM 4.—The Sec- FLOWAGE EASEMENT.— any required operation and maintenance of retary shall convey to Butler County, Ken- (A) DEFINITION OF FLOWAGE EASEMENT.—In the general navigation features of the tucky, all right, title, and interest of the this paragraph, the term ‘‘flowage ease- project described in paragraph (1). United States in and to Green River Lock ment’’ means the flowage easements identi- (b) RED RIVER BELOW DENISON DAM, ARKAN- and Dam 4, located in Butler County, Ken- fied as tracts 302E-1 and 304E-1 on the ease- SAS, LOUISIANA, AND TEXAS.—The portion of tucky, together with any improvements on ment deeds recorded as instruments in Hood the project for flood protection on Red River the land. River County, Oregon, as follows: Below Denison Dam, Arkansas, Louisiana (C) GREEN RIVER LOCK AND DAM 5.—The Sec- (i) A flowage easement dated October 3, and Texas, authorized by section 10 of the retary shall convey to the State of Ken- 1936, recorded December 1, 1936, book 25 at Flood Control Act of 1946 (60 Stat. 647, chap- tucky, a political subdivision of the State of page 531 (records of Hood River County, Or- ter 596), consisting of the portion of the West Kentucky, or a nonprofit, nongovernmental egon), in favor of United States (302E-1-Per- Agurs Levee that begins at lat. 32°32’50.86’’ N organization all right, title, and interest of petual Flowage Easement from October 5, ., by long. 93°46’16.82’’ W., and ends at lat. 32° the United States in and to Green River 1937, October 5, 1936, and October 3, 1936) (pre- 31’22.79’’ N., by long. 93° 45’ 2.47’’ W., is no Lock and Dam 5 for the express purposes of— viously acquired as tracts OH-36 and OH-41 longer authorized beginning on the date of (i) removing the structure from the river and a portion of tract OH-47). enactment of this Act. at the earliest feasible time; and (ii) A flowage easement recorded October (c) SUTTER BASIN, CALIFORNIA.— (ii) making the land available for conserva- 17, 1936, book 25 at page 476 (records of Hood (1) IN GENERAL.—The separable element tion and public recreation, including river River County, Oregon), in favor of the United constituting the locally preferred plan incre- access. States, that affects that portion below the ment reflected in the report of the Chief of (D) GREEN RIVER LOCK AND DAM 6.— 94-foot contour line above main sea level (304 Engineers dated March 12, 2014, and author- (i) IN GENERAL.—The Secretary shall trans- E-1-Perpetual Flowage Easement from Au- ized for construction under section 7002(2)(8) fer to the Secretary of the Interior adminis- gust 10, 1937 and October 3, 1936) (previously of the Water Resources Reform and Develop- trative jurisdiction over the portion of Green acquired as tract OH-42 and a portion of ment Act of 2014 (Public Law 113–121; 128 River Lock and Dam 6, Edmonson County, tract OH-47). Stat. 1366) is no longer authorized beginning Kentucky, that is located on the left de- (B) TERMINATION.—With respect to the on the date of enactment of this Act. scending bank of the Green River, together properties described in paragraph (2), begin- (2) SAVINGS PROVISIONS.—The deauthoriza- with any improvements on the land, for in- ning on the date of enactment of this Act, tion under paragraph (1) does not affect— clusion in Mammoth Cave National Park. the flowage easements are terminated above (A) the national economic development (ii) TRANSFER TO THE STATE OF KENTUCKY.— elevation 82.4 feet (NGVD29), the ordinary plan separable element reflected in the re- The Secretary shall transfer to the State of high water mark. port of the Chief of Engineers dated March Kentucky all right, title, and interest of the (2) AFFECTED PROPERTIES.—The properties 12, 2014, and authorized for construction United States in and to the portion of Green described in this paragraph, as recorded in under section 7002(2)(8) of the Water Re- River Lock and Dam 6, Edmonson County, Hood River, County, Oregon, are as follows: sources Reform and Development Act of 2014 Kentucky, that is located on the right de- (A) Lots 3, 4, 5, and 7 of the ‘‘Port of Cas- (Public Law 113–121; 128 Stat. 1366); or scending bank of the Green River, together cade Locks Business Park’’ subdivision, in- (B) previous authorizations providing for with any improvements on the land, for use strument #2014-00436. the Sacramento River and major and minor by the Department of Fish and Wildlife Re- (B) Parcels 1, 2, and 3 of Hood River County tributaries project, including— sources of the State of Kentucky for the pur- Partition plat No. 2008-25P. (i) section 2 of the Act of March 1, 1917 (39 poses of— (3) FEDERAL LIABILITIES; CULTURAL, ENVI- Stat. 949; chapter 144); (I) removing the structure from the river RONMENTAL, OTHER REGULATORY REVIEWS.— (ii) section 12 of the Act of December 22, at the earliest feasible time; and (A) FEDERAL LIABILITY.—The United States 1944 (58 Stat. 900; chapter 665); (II) making the land available for con- shall not be liable for any injury caused by (iii) section 204 of the Flood Control Act of servation and public recreation, including the termination of the easement under this 1950 (64 Stat. 177; chapter 188); and river access. subsection. (iv) any other Acts relating to the author- (E) BARREN RIVER LOCK AND DAM 1.—The (B) CULTURAL AND ENVIRONMENTAL REGU- ization for the Sacramento River and major Secretary shall convey to the State of Ken- LATORY ACTIONS.—Nothing in this subsection and minor tributaries project along the tucky, all right, title, and interest of the establishes any cultural or environmental Feather River right bank between levee sta- United States in and to Barren River Lock regulation relating to the properties de- tioning 1483+33 and levee stationing 2368+00. and Dam 1, located in Warren County, Ken- scribed in paragraph (2).

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(4) EFFECT ON OTHER RIGHTS.—Nothing in United States harmless from any claim that necessary and appropriate to protect the in- this subsection affects any remaining right has arisen, or that may arise, in connection terests of the United States. or interest of the Corps of Engineers in the with the project. (2) EASEMENT AND RESTRICTIVE COVENANT.— properties described in paragraph (2). (3) TRANSFER.—The Secretary is authorized The conveyance under paragraph (1) shall in- (g) DECLARATIONS OF NON-NAVIGABILITY FOR to transfer any land acquired by the Federal clude— PORTIONS OF THE DELAWARE RIVER, PHILA- Government for the project on behalf of the (A) a restrictive covenant to require the DELPHIA, PENNSYLVANIA.— non-Federal sponsor that remains in Federal approval of the Secretary for any substantial (1) IN GENERAL.—Subject to paragraphs (2) ownership on or after the date of enactment change in the use of the property; and and (3), unless the Secretary determines, of this Act to the non-Federal sponsor. (B) a flowage easement. after consultation with local and regional (4) REVERSION.—If the Secretary deter- (c) PENSACOLA DAM AND RESERVOIR, GRAND public officials (including local and regional mines that the land that is integral to the RIVER, OKLAHOMA.— project planning organizations), that there project described in paragraph (1) ceases to (1) IN GENERAL.—Notwithstanding the Act are substantive objections, the following por- be owned by the public, all right, title, and of June 28, 1938 (52 Stat. 1215, chapter 795), as tions of the Delaware River, bounded by the interest in and to the land and improve- amended by section 3 of the Act of August 18, former bulkhead and pierhead lines estab- ments shall revert, at the discretion of the 1941 (55 Stat. 645, chapter 377), and notwith- lished by the Secretary of War and succes- Secretary, to the United States. standing section 3 of the Act of July 31, 1946 sors, are declared to be non-navigable waters SEC. 5002. CONVEYANCES. (60 Stat. 744, chapter 710), the Secretary shall of the United States: (a) PEARL RIVER, MISSISSIPPI AND LOU- convey, by quitclaim deed and without con- (A) Piers 70 South through 38 South, en- ISIANA.— sideration, to the Grand River Dam Author- compassing an area bounded by the southern (1) IN GENERAL.—The project for naviga- ity, an agency of the State of Oklahoma, for line of Moore Street extended to the north- tion, Pearl River, Mississippi and Louisiana, flood control purposes, all right, title, and ern line of Catherine Street extended, in- interest of the United States in and to real cluding the following piers: Piers 70, 68, 67, authorized by the first section of the Act of property under the administrative jurisdic- 64, 61-63, 60, 57, 55, 46, 48, 40, and 38. August 30, 1935 (49 Stat. 1033, chapter 831) and tion of the Secretary acquired in connection (B) Piers 24 North through 72 North, en- section 101 of the River and Harbor Act of compassing an area bounded by the southern 1966 (Public Law 89–789; 80 Stat. 1405), is no with the Pensacola Dam project, together line of Callowhill Street extended to the longer authorized as a Federal project begin- with any improvements on the property. northern line of East Fletcher Street ex- ning on the date of enactment of this Act. (2) FLOOD CONTROL PURPOSES.—If any inter- tended, including the following piers: 24, 25, (2) TRANSFER.— est in the real property described in para- 27-35, 35.5, 36, 37, 38, 39, 49, 51-52, 53-57, 58-65, (A) IN GENERAL.—Subject to subparagraphs graph (1) ceases to be managed for flood con- 66, 67, 69, 70-72, and Rivercenter. (B) and (C), the Secretary is authorized to trol or other public purposes and is conveyed (2) DETERMINATION.—The Secretary shall convey to a State or local interest, without to a non-public entity, the transferee, as make the determination under paragraph (1) consideration, all right, title, and interest of part of the conveyance, shall pay to the separately for each portion of the Delaware the United States in and to— United States the fair market value for the River described in subparagraphs (A) and (B) (i) any land in which the Federal Govern- interest. of paragraph (1), using reasonable discretion, ment has a property interest for the project (3) NO EFFECT.—Nothing in this sub- by not later than 150 days after the date of described in paragraph (1); and section— submission of appropriate plans for that por- (ii) improvements to the land described in (A) amends, modifies, or repeals any exist- tion. clause (i). ing authority vested in the Federal Energy (3) LIMITS ON APPLICABILITY.— (B) RESPONSIBILITY FOR COSTS.—The trans- Regulatory Commission; or (A) IN GENERAL.—Paragraph (1) applies feree shall be responsible for the payment of (B) amends, modifies, or repeals any au- only to those parts of the areas described in all costs and administrative expenses associ- thority of the Secretary or the Chief of Engi- that paragraph that are or will be bulk- ated with any transfer carried out pursuant neers pursuant to section 7 of the Act of De- headed and filled or otherwise occupied by to subparagraph (A), including costs associ- cember 22, 1944 (33 U.S.C. 709). permanent structures, including marina and ated with any land survey required to deter- (d) JOE POOL LAKE, TEXAS.—The Secretary recreation facilities. mine the exact acreage and legal description shall accept from the Trinity River Author- (B) OTHER FEDERAL LAWS.—Any work de- of the land and improvements to be trans- ity of Texas, if received by September 30, scribed in subparagraph (A) shall be subject ferred. 2016, $31,233,401 as payment in full of to all applicable Federal law (including regu- (C) OTHER TERMS AND CONDITIONS.—A trans- amounts owed to the United States, includ- lations), including— fer under subparagraph (A) shall be subject ing any accrued interest, for the approxi- (i) sections 9 and 10 of the Act of March 3, to such other terms and conditions as the mately 61,747.1 acre-feet of water supply 1899 (commonly known as the ‘‘River and Secretary determines to be necessary and ap- storage space in Joe Pool Lake, Texas (pre- Harbors Appropriation Act of 1899’’) (33 propriate to protect the interests of the viously known as Lakeview Lake), for which U.S.C. 401, 403); United States. payment has not commenced under Article (ii) section 404 of the Federal Water Pollu- (3) REVERSION.—If the Secretary deter- 5.a (relating to project investment costs) of tion Control Act (33 U.S.C. 1344); and mines that the land and improvements con- contract number DACW63–76–C–0106 as of the (iii) the National Environmental Policy veyed under paragraph (2) ceases to be owned date of enactment of this Act. Act of 1969 (42 U.S.C. 4321 et seq.). by the public, all right, title, and interest in TITLE VI—WATER RESOURCES (h) SALT CREEK, GRAHAM, TEXAS.— and to the land and improvements shall re- INFRASTRUCTURE (1) IN GENERAL.—The project for flood con- vert, at the discretion of the Secretary, to trol, environmental restoration, and recre- the United States. SEC. 6001. AUTHORIZATION OF FINAL FEASI- ation, Salt Creek, Graham, Texas, author- (b) SARDIS LAKE, MISSISSIPPI.— BILITY STUDIES. ized by section 101(a)(30) of the Water Re- (1) IN GENERAL.—The Secretary is author- The following final feasibility studies for sources Development Act of 1999 (Public Law ized to convey to the lessee, at full fair mar- water resources development and conserva- 106–53; 113 Stat. 278-279), is no longer author- ket value, all right, title and interest of the tion and other purposes are authorized to be ized as a Federal project beginning on the United Sates in and to the property identi- carried out by the Secretary substantially in date of enactment of this Act. fied in the leases numbered DACW38-1-15-7, accordance with the plan, and subject to the (2) CERTAIN PROJECT-RELATED CLAIMS.—The DACW38-1-15-33, DACW38-1-15-34, and conditions, described in the respective re- non-Federal sponsor for the project described DACW38-1-15-38, subject to such terms and ports designated in this section: in paragraph (1) shall hold and save the conditions as the Secretary determines to be (1) NAVIGATION.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. TX Brazos Island Harbor November 3, 2014 Federal: $116,116,000 Non-Federal: $135,836,000 Total: $251,952,000

2. LA Calcasieu Lock December 2, 2014 Federal: $16,700,000 Non-Federal: $0 Total: $16,700,000

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C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

3. NH, ME Portsmouth Harbor and February 8, 2015 Federal: $15,580,000 Piscataqua River Non-Federal: $5,190,000 Total: $20,770,000

4. KY Green River Locks and Dams April 30, 2015 Federal: $0 3, 4, 5, and 6 and Barren Non-Federal: $0 River Lock and Dam 1 Dis- Total: $0 position

5. FL Port Everglades June 25, 2015 Federal: $220,200,000 Non-Federal: $102,500,000 Total: $322,700,000

6. AK Little Diomede August 10, 2015 Federal: $26,015,000 Non-Federal: $2,945,000 Total: $28,960,000

7. SC Charleston Harbor September 8, 2015 Federal: $224,300,000 Non-Federal: $269,000,000 Total: $493,300,000

8. AK Craig Harbor March 16, 2016 Federal: $29,062,000 Non-Federal: $3,255,000 Total: $32,317,000

(2) FLOOD RISK MANAGEMENT.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. TX Leon Creek Watershed, San June 30, 2014 Federal: $18,314,000 Antonio Non-Federal: $9,861,000 Total: $28,175,000

2. MO, KS Armourdale and Central In- January 27, 2015 Federal: $207,036,000 dustrial District Levee Non-Federal: $111,481,000 Units, Missouri River and Total: $318,517,000 Tributaries at Kansas City

3. KS City of Manhattan April 30, 2015 Federal: $15,440,100 Non-Federal: $8,313,900 Total: $23,754,000

4. KS Upper Turkey Creek Basin December 22, 2015 Federal: $24,584,000 Non-Federal: $13,238,000 Total: $37,822,000

5. NC Princeville February 23, 2016 Federal: $14,001,000 Non-Federal: $7,539,000 Total: $21,540,000

6. CA West Sacramento April 26, 2016 Federal: $776,517,000 Non-Federal: $414,011,000 Total: $1,190,528,000

7. CA American River Watershed April 26, 2016 Federal: $876,478,000 Common Features Non-Federal: $689,272,000 Total: $1,565,750,000

8. TN Mill Creek, Nashville October 15, 2015 Federal: $17,759,000 Non-Federal: $10,745,000 Total: $28,504,000

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

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C. Date of Report of D. Estimated Initial Costs and Estimated Re- A. State B. Name Chief of Engineers nourishment Costs

1. SC Edisto Beach, Colleton County September 5, 2014 Initial Federal: $13,733,850 Initial Non-Federal: $7,395,150 Initial Total: $21,129,000 Renourishment Federal: $16,371,000 Renourishment Non-Federal: $16,371,000 Renourishment Total: $32,742,000

2. FL Flagler County December 23, 2014 Initial Federal: $9,218,300 Initial Non-Federal: $4,963,700 Initial Total: $14,182,000 Renourishment Federal: $15,390,000 Renourishment Non-Federal: $15,390,000 Renourishment Total: $30,780,000

3. NC Bogue Banks, Carteret County December 23, 2014 Initial Federal: $24,263,000 Initial Non-Federal: $13,064,000 Initial Total: $37,327,000 Renourishment Federal: $114,728,000 Renourishment Non-Federal: $114,728,000 Renourishment Total: $229,456,000

4. NJ Hereford Inlet to Cape May January 23, 2015 Initial Federal: $14,040,000 Inlet, New Jersey Shoreline Initial Non-Federal: $7,560,000 Protection Project, Cape Initial Total: $21,600,000 May County Renourishment Federal: $41,215,000 Renourishment Non-Federal: $41,215,000 Renourishment Total: $82,430,000

5. LA West Shore Lake Pont- June 12, 2015 Federal: $466,760,000 chartrain Non-Federal: $251,330,000 Total: $718,090,000

6. CA Encinitas-Solana Beach Coast- April 29, 2016 Initial Federal: $20,166,000 al Storm Damage Reduction Initial Non-Federal: $10,858,000 Initial Total: $31,024,000 Renourishment Federal: $68,215,000 Renourishment Non-Federal: $68,215,000 Renourishment Total: $136,430,000

7. LA Southwest Coastal Louisiana July 29, 2016 Federal: $2,011,279,000 Non-Federal: $1,082,997,000 Total: $3,094,276,000

(4) FLOOD RISK MANAGEMENT AND ENVIRON- MENTAL RESTORATION.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. IL, WI Upper Des Plaines River and June 8, 2015 Federal: $199,393,000 Tributaries Non-Federal: $107,694,000 Total: $307,087,000

2. CA South San Francisco Bay December 18, 2015 Federal: $69,521,000 Shoreline Non-Federal: $104,379,000 Total: $173,900,000

(5) ENVIRONMENTAL RESTORATION.—

C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

1. FL Central Everglades Planning December 23, 2014 Federal: $976,375,000 Project, Comprehensive Ev- Non-Federal: $974,625,000 erglades Restoration Plan, Total: $1,951,000,000 Central and Southern Flor- ida Project

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C. Date of Report of A. State B. Name Chief of Engineers D. Estimated Costs

2. OR Lower Willamette River Envi- December 14, 2015 Federal: $19,143,000 ronmental Dredging Non-Federal: $10,631,000 Total: $29,774,000

3. WA Skokomish River December 14, 2015 Federal: $12,782,000 Non-Federal: $6,882,000 Total: $19,664,000

4. CA LA River Ecosystem Restora- December 18, 2015 Federal: $375,773,000 tion Non-Federal: $980,835,000 Total: $1,356,608,000

(6) SPECIAL RULE.—The portion of the Mill SEC. 6002. AUTHORIZATION OF PROJECT MODI- carried out by the Secretary substantially in Creek Flood Risk Management project au- FICATIONS RECOMMENDED BY THE accordance with the recommendations of the SECRETARY. thorized by paragraph (2) that consists of Director of Civil Works, as specified in the measures within the Mill Creek Basin shall The following project modifications for reports referred to in this section: be carried out pursuant to section 205 of the water resources development and conserva- Flood Control Act of 1948 (33 U.S.C. 701s). tion and other purposes are authorized to be

A. State B. Name C. Date of Director’s Report D. Updated Authorization Project Costs

1. KS, MO Turkey Creek Basin November 4, 2015 Estimated Federal: $97,067,750 Estimated Non-Federal: $55,465,250 Total: $152,533,000

2. MO Blue River Basin November 6, 2015 Estimated Federal: $34,860,000 Estimated Non-Federal: $11,620,000 Total: $46,480,000

3. FL Picayune Strand March 9, 2016 Estimated Federal: $308,983,000 Estimated Non-Federal: $308,983,000 Total: $617,967,000

4. KY Ohio River Shoreline March 11, 2016 Estimated Federal: $20,309,900 Estimated Non-Federal: $10,936,100 Total: $31,246,000

5. TX Houston Ship Channel May 13, 2016 Estimated Federal: $381,032,000 Estimated Non-Federal: $127,178,000 Total: $508,210,000

6. AZ Rio de Flag, Flagstaff June 22, 2016 Estimated Federal: $65,514,650 Estimated Non-Federal: $127,178,000 Total: $100,837,000

7. MO Swope Park Industrial Area, April 21, 2016 Estimated Federal: $20,205,250 Blue River Estimated Non-Federal: $10,879,750 Total: $31,085,000

SEC. 6003. AUTHORIZATION OF STUDY AND MODI- ‘‘(2) if appropriate, as determined by the (B) to decrease the long-term maintenance; FICATION PROPOSALS SUBMITTED Secretary, may determine a port described and TO CONGRESS BY THE SECRETARY. in paragraph (1) is feasible based on the bene- (C) to provide opportunities for ecosystem (a) ARCTIC DEEP DRAFT PORT DEVELOPMENT fits described in that paragraph.’’. benefits for the Sacramento River flood con- PARTNERSHIPS.—Section 2105 of the Water (b) OUACHITA-BLACK RIVERS, ARKANSAS AND trol project. Resources Reform and Development Act of LOUISIANA.—The Secretary shall conduct a (d) COYOTE VALLEY DAM, CALIFORNIA.—The 2014 (33 U.S.C. 2243) is amended— study to determine the feasibility of modi- Secretary shall conduct a study to determine (1) by striking ‘‘(25 U.S.C. 450b))’’ each fying the project for navigation, Ouachita- place it appears and inserting ‘‘(25 U.S.C. Black Rivers, authorized by section 101 of the feasibility of carrying out a project for 250b)) and a Native village, Regional Cor- the River and Harbor Act of 1960 (Public Law flood damage reduction, environmental res- poration, or Village Corporation (as those 86–645; 74 Stat. 481) to include bank stabiliza- toration, and water supply by modifying the terms are defined in section 3 of the Alaska tion and water supply as project purposes. Coyote Valley Dam, California. Native Claims Settlement Act (43 U.S.C. (c) CACHE CREEK BASIN, CALIFORNIA.— (e) DEL ROSA DRAINAGE AREA, CALI- 1602)’’; and (1) IN GENERAL.—The Secretary shall pre- FORNIA.—The Secretary shall conduct a (2) by adding at the end the following: pare a general reevaluation report on the study to determine the feasibility of car- ‘‘(e) CONSIDERATION OF NATIONAL SECURITY project for flood control, Cache Creek Basin, rying out projects for flood control and eco- INTERESTS.—In carrying out a study of the California, authorized by section 401(a) of the system restoration in the cities of San feasibility of an Arctic deep draft port, the Water Resources Development Act of 1986 Bernardino and Highland, San Bernardino Secretary— (Public Law 99–662; 100 Stat. 4112). County, California. ‘‘(1) shall consult with the Secretary of (2) REQUIREMENTS.—In preparing the report Homeland Security and the Secretary of De- under paragraph (1), the Secretary shall (f) MERCED COUNTY, CALIFORNIA.—The Sec- fense to identify national security benefits identify specific needed modifications to ex- retary shall prepare a general reevaluation associated with an Arctic deep draft port; isting project authorities— report on the project for flood control, and (A) to increase basin capacity; Merced County streams project, California,

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authorized by section 10 of the Act of Decem- sissippi River between mile 98.3 and mile (B) ADDRESSING DEFICIENCIES.—In address- ber 22, 1944 (58 Stat. 900; chapter 665), to in- 100.6 Above Head of Passes (AHP) to a depth ing deficiencies under subparagraph (A), the vestigate the flood risk management oppor- equal to the Channel. Secretary shall incorporate current design tunities and improve levee performance (p) ST. TAMMANY PARISH GOVERNMENT COM- standards and efficiency improvements, in- along Black Rascal Creek and Bear Creek. PREHENSIVE COASTAL MASTER PLAN, LOU- cluding the replacement of mechanical and (g) MISSION-ZANJA DRAINAGE AREA, CALI- ISIANA.—The Secretary shall conduct a study electrical components at pumping stations, FORNIA.—The Secretary shall conduct a to determine the feasibility of carrying out if the incorporation does not significantly study to determine the feasibility of car- projects described in the St. Tammany Par- change the scope, function, or purpose of the rying out projects for flood control and eco- ish Comprehensive Coastal Master Plan for project. system restoration in the cities of Redlands, flood control, shoreline protection, and eco- (3) PRIORITIZATION TO ADDRESS SIGNIFICANT Loma Linda, and San Bernardino, California, system restoration in St. Tammany Parish, RISKS.—In any case in which a levee or levee and unincorporated counties of San Louisiana. system (as defined in section 9002 of the Bernardino County, California. (q) CAYUGA INLET, ITHACA, NEW YORK.—The Water Resources Reform and Development (h) SANTA ANA RIVER BASIN, CALIFORNIA.— Secretary shall conduct a study to determine Act of 2007 (33 U.S.C. 3301)) is classified as a The Secretary shall conduct a study to de- the feasibility of modifying the project for Class I or II under the levee safety action termine the feasibility of modifying the flood protection, Great Lakes Basin, author- classification tool developed by the Corps of project for flood damage reduction by modi- ized by section 203 of the Flood Control Act Engineers, the Secretary shall expedite the fying the San Jacinto and Bautista Creek of 1960 (Public Law 86–645; 74 Stat. 488) to in- project for budget consideration. Improvement Project, part of the Santa Ana clude sediment management as a project (v) JOHNSTOWN, PENNSYLVANIA.—The Sec- River Basin Project in Riverside County, purpose on the Cayuga Inlet, Ithaca, New retary shall conduct a study to determine California. York. the feasibility of modifying the project for (i) DELAWARE BAY COASTLINE, DELAWARE (r) CHAUTAUQUA COUNTY, NEW YORK.— flood control, Johnstown, Pennsylvania, au- AND NEW JERSEY-ROOSEVELT INLET-LEWES (1) IN GENERAL.—The Secretary shall con- thorized by the Act of June 22, 1936 (49 Stat. BEACH, DELAWARE.—The Secretary shall con- duct a study to determine the feasibility of 1570, chapter 688; 50 Stat. 880) (commonly duct a study to determine the feasibility of carrying out projects for flood risk manage- known as the ‘‘Flood Control Act of 1936’’), modifying the project for shoreline protec- ment, navigation, environmental dredging, to include aquatic ecosystem restoration, tion and ecosystem restoration, Delaware and ecosystem restoration on the recreation, sediment management, and in- Bay Coastline, Delaware and New Jersey- Cattaraugus, Silver Creek, and Chautauqua crease the level of flood control. Roosevelt Inlet-Lewes Beach, Delaware, au- Lake tributaries in Chautauqua County, New (w) CHACON CREEK, TEXAS.—Notwith- thorized by section 101(a)(13) of the Water York. standing any other provision of law (includ- Resources Development Act of 1999 (Public (2) EVALUATION OF POTENTIAL SOLUTIONS.— ing any resolution of a Committee of Con- Law 106–53; 113 Stat. 276), to extend the au- In conducting the study under paragraph (1), gress), the study conducted by the Secretary thorized project limit from the current east- the Secretary shall evaluate potential solu- described in the resolution adopted by the ward terminus to a distance of 8,000 feet east tions to flooding from all sources, including Committee on Transportation and Infra- of the Roosevelt Inlet east jetty. flooding that results from ice jams. structure of the House of Representatives on (j) MISPILLION INLET, CONCH BAR, DELA- (s) DELAWARE RIVER BASIN, NEW YORK, NEW May 21, 2003, relating to flood damage reduc- WARE.—The Secretary shall conduct a study JERSEY, PENNSYLVANIA, DELAWARE.—The tion, environmental restoration and protec- to determine the feasibility of carrying out a Secretary shall conduct a study to determine tion, water conservation and supply, water project for navigation and shoreline protec- the feasibility of modifying the operations of quality, and related purposes in the Rio tion at Mispillion Inlet and Conch Bar, Sus- the projects for flood control, Delaware Grande Watershed below Falcon Dam, shall sex County, Delaware. River Basin, New York, New Jersey, Penn- include the area above Falcon Dam. (k) DAYTONA BEACH FLOOD PROTECTION, sylvania, and Delaware, authorized by sec- (x) CORPUS CHRISTI SHIP CHANNEL, TEXAS.— FLORIDA.—The Secretary shall conduct a tion 10 of the Flood Control Act of 1946 (60 The Secretary shall conduct a study to de- study to determine the feasibility of car- Stat. 644, chapter 596), and section 203 of the termine the feasibility of modifying the rying out projects for flood control in the Flood Control Act of 1962 (Public Law 87–874; project for navigation and ecosystem res- city of Daytona Beach, Florida. 76 Stat. 1182), to enhance opportunities for toration, Corpus Christi Ship Channel, (l) BRUNSWICK HARBOR, GEORGIA.—The Sec- ecosystem restoration and water supply. Texas, authorized by section 1001(40) of the retary shall conduct a study to determine (t) CINCINNATI, OHIO.— Water Resources Development Act of 2007 the feasibility of modifying the project for (1) REVIEW.—The Secretary shall review (Public Law 110–114; 121 Stat. 1056), to de- navigation, Brunswick Harbor, Georgia, au- the Central Riverfront Park Master Plan, velop and evaluate alternatives that address thorized by section 101(a)(19) of the Water dated December 1999, and the Ohio River- navigation problems directly affecting the Resources and Development Act of 1999 (Pub- front Study, Cincinnati, Ohio, dated August Corpus Christi Ship Channel, La Quinta lic Law 106–53; 113 Stat. 277)— 2002, to determine the feasibility of carrying Channel, and La Quinta Channel Extension, (1) to widen the existing bend in the Fed- out flood risk reduction, ecosystem restora- including deepening the La Quinta Channel, eral navigation channel at the intersection tion, and recreation components beyond the 2 turning basins, and the wye at La Quinta of Cedar Hammock and Brunswick Point Cut ecosystem restoration and recreation compo- Junction. Ranges; and nents that were undertaken pursuant to sec- (y) TRINITY RIVER AND TRIBUTARIES, (2) to extend the northwest side of the ex- tion 5116 of the Water Resources Develop- TEXAS.— isting South Brunswick River Turning ment Act of 2007 (Public Law 110–114; 121 (1) REVIEW.—Not later than 180 days after Basin. Stat. 1238) as a second phase of that project. the date of enactment of this Act, the Sec- (m) SAVANNAH RIVER BELOW AUGUSTA, (2) AUTHORIZATION.—The project authorized retary shall review the economic analysis of GEORGIA.—The Secretary shall conduct a under section 5116 of the Water Resources the Center for Economic Development and study to determine the feasibility of modi- Development Act of 2007 (Public Law 110–114; Research of the University of North Texas fying the project for navigation, Savannah 121 Stat. 1238) is modified to authorize the entitled ‘‘Estimated Economic Benefits of River below Augusta, Georgia, authorized by Secretary to undertake the additional flood the Modified Central City Project (Trinity the first section of the Act of July 3, 1930 (46 risk reduction and ecosystem restoration River Vision) in Fort Worth, Texas’’ and Stat. 924, chapter 847), to include aquatic components described in paragraph (1), at a dated November 2014. ecosystem restoration, water supply, recre- total cost of $30,000,000, if the Secretary de- (2) AUTHORIZATION.—The project for flood ation, sediment management, and flood con- termines that the additional flood risk re- control and other purposes on the Trinity trol as project purposes. duction, ecosystem restoration, and recre- River and tributaries, Texas, authorized by (n) DUBUQUE, IOWA.—The Secretary shall ation components, considered together, are the River and Harbor Act of 1965 (Public Law conduct a study to determine the feasibility feasible. 89–298; 79 Stat. 1091), as modified by section of modifying the project for flood protection, (u) TULSA AND WEST TULSA, ARKANSAS 116 the Energy and Water Development Ap- Dubuque, Iowa, authorized by section 208 of RIVER, OKLAHOMA.— propriations Act, 2005 (Public Law 108–447; the Flood Control Act of 1965 (Public Law 89– (1) IN GENERAL.—The Secretary shall con- 118 Stat. 2944), is further modified to author- 298; 79 Stat. 1086), to increase the level of duct a study to determine the feasibility of ize the Secretary to carry out projects de- flood protection and reduce flood damages. modifying the projects for flood risk man- scribed in the recommended plan of the eco- (o) MISSISSIPPI RIVER SHIP CHANNEL, GULF agement, Tulsa and West Tulsa, Oklahoma, nomic analysis described in paragraph (1), if TO BATON ROUGE, LOUISIANA.—The Secretary authorized by section 3 of the Act of August the Secretary determines, based on the re- shall conduct a study to determine the feasi- 18, 1941 (55 Stat. 645; chapter 377). view referred to in paragraph (1), that— bility of modifying the project for naviga- (2) REQUIREMENTS.— (A) the economic analysis and the process tion, Mississippi River Ship Channel, Gulf to (A) IN GENERAL.—In carrying out the study by which the economic analysis was devel- Baton Rouge, Louisiana, authorized by sec- under paragraph (1), the Secretary shall ad- oped complies with Federal law (including tion 201(a) of the Harbor Development and dress project deficiencies, uncertainties, and regulations) applicable to economic analyses Navigation Improvement Act of 1986 (Public significant data gaps, including material, for water resources development projects; Law 99–662; 100 Stat. 4090), to deepen the construction, and subsurface, which render and channel approaches and the associated area the project at risk of overtopping, breaching, (B) based on the economic analysis, the on the left descending bank of the Mis- or system failure. recommended plan in the supplement to the

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5396 CONGRESSIONAL RECORD — SENATE September 7, 2016 final environmental impact statement for when additional spending from the State re- paragraph (B), an intended use plan shall the Central City Project, Upper Trinity volving loan funds is considered to be the re- provide that the State shall give greater River entitled ‘‘Final Supplemental No. 1’’ is sult of leveraging the Federal investment, weight to an application for assistance by a economically justified. every dollar of a Federal capitalization grant community water system if the application (3) LIMITATION.—The Federal share of the returns $0.93 in Federal tax revenue. includes such information as the State deter- cost of the recommended plan described in (B) A combined $34,700,000,000 in capitaliza- mines to be necessary and contains— paragraph (2) shall not exceed $520,000,000, of tion grants for the clean water and state ‘‘(i) a description of utility management which not more than $5,500,000 may be ex- drinking water state revolving loan funds de- best practices undertaken by a treatment pended to carry out recreation features of scribed in subsection (a) over a period of 5 works applying for assistance, including— the project. years would generate $7,430,000,000 in Federal ‘‘(I) an inventory of assets, including any (z) CHINCOTEAGUE ISLAND, VIRGINIA.—The tax revenue and, when additional spending lead service lines, and a description of the Secretary shall conduct a study to determine from the State revolving loan funds is con- condition of the assets; the feasibility of carrying out projects for sidered to be the result of leveraging the ‘‘(II) a schedule for replacement of assets; ecosystem restoration and flood control, Federal investment, the Federal investment ‘‘(III) a financing plan that factors in all Chincoteague Island, Virginia, authorized by will result in $32,300,000,000 in Federal tax lifecycle costs indicating sources of revenue section 8 of Public Law 89–195 (16 U.S.C. 459f– revenue during that 5-year period. from ratepayers, grants, bonds, other loans, 7) (commonly known as the ‘‘Assateague Is- (2) An increase in employment, as evi- and other sources to meet the costs; and land National Seashore Act’’) for— denced by the following: ‘‘(IV) a review of options for restructuring (1) assessing the current and future func- (A) Every $1,000,000 in State revolving loan the public water system; tion of the barrier island, inlet, and coastal fund spending generates 16 1⁄2 jobs. ‘‘(ii) demonstration of consistency with bay system surrounding Chincoteague Is- (B) $34,700,000,000 in Federal capitalization State, regional, and municipal watershed land; grants for State revolving loan funds over a plans; (2) developing an array of options for re- period of 5 years would result in 506,000 jobs. ‘‘(iii) a water conservation plan consistent source management; and (3) An increase in economic output: with guidelines developed for those plans by (3) evaluating the feasibility and cost asso- (A) Every $1,000,000 in State revolving loan the Administrator under section 1455(a); and ciated with sustainable protection and res- fund spending results in $2,950,000 in output ‘‘(iv) approaches to improve the sustain- toration areas. for the economy of the United States. ability of the system, including— (aa) BURLEY CREEK WATERSHED, WASH- (B) $34,700,000,000 in Federal capitalization ‘‘(I) water efficiency or conservation, in- INGTON.—The Secretary shall conduct a grants for State revolving loan funds over a cluding the rehabilitation or replacement of study to determine the feasibility of car- period of 5 years will generate $102,700,000,000 existing leaking pipes; rying out projects for flood control and in total economic output. ‘‘(II) use of reclaimed water; ‘‘(III) actions to increase energy efficiency; aquatic ecosystem restoration in the Burley Subtitle A—Drinking Water Creek Watershed, Washington. and SEC. 7101. PRECONSTRUCTION WORK. SEC. 6004. EXPEDITED COMPLETION OF RE- ‘‘(IV) implementation of plans to protect Section 1452(a)(2) of the Safe Drinking source water identified in a source water as- PORTS. Water Act (42 U.S.C. 300j–12(a)(2)) is amend- The Secretary shall expedite completion of sessment under section 1453.’’; and ed— (3) in subparagraph (D) (as redesignated by the reports for the following projects and, if (1) by designating the first, second, third, the Secretary determines that a project is paragraph (1)), by striking ‘‘periodically’’ fourth, and fifth sentences as subparagraphs and inserting ‘‘at least biennially’’. justified in the completed report, proceed di- (A), (B), (D), (E), and (F), respectively; SEC. 7103. ADMINISTRATION OF STATE LOAN rectly to project preconstruction, engineer- (2) in subparagraph (B) (as designated by ing, and design in accordance with section FUNDS. paragraph (1)) by striking ‘‘(not’’ and insert- Section 1452(g)(2) of the Safe Drinking 910 of the Water Resources Development Act ing ‘‘(including expenditures for planning, of 1986 (33 U.S.C. 2287): Water Act (42 U.S.C. 300j–12(g)(2)) is amend- design, and associated preconstruction ac- ed— (1) The project for navigation, St. George tivities, including activities relating to the Harbor, Alaska. (1) in the first sentence, by striking ‘‘up to siting of the facility, but not’’; and 4 percent of the funds allotted to the State (2) The project for flood risk management, (3) by inserting after subparagraph (B) (as Rahway River Basin, New Jersey. under this section’’ and inserting ‘‘, for each designated by paragraph (1)) the following: fiscal year, an amount that does not exceed SEC. 6005. EXTENSION OF EXPEDITED CONSIDER- ‘‘(C) SALE OF BONDS.—Funds may also be the sum of the amount of any fees collected ATION IN SENATE. used by a public water system as a source of Section 7004(b)(4) of the Water Resources by the State for use in covering reasonable revenue (restricted solely to interest earn- costs of administration of programs under Reform and Development Act of 2014 (Public ings of the applicable State loan fund) or se- Law 113–121; 128 Stat. 1374) is amended by this section, regardless of the source, and an curity for payment of the principal and in- 1 striking ‘‘2018’’ and inserting ‘‘2020’’. amount equal to the greatest of $400,000, ⁄5 terest on revenue or general obligation bonds percent of the current valuation of the fund, TITLE VII—SAFE DRINKING WATER AND issued by the State to provide matching or 4 percent of all grant awards to the fund CLEAN WATER INFRASTRUCTURE funds under subsection (e), if the proceeds of under this section for the fiscal year,’’; and SEC. 7001. DEFINITION OF ADMINISTRATOR. the sale of the bonds will be deposited in the (2) by striking ‘‘1419,’’ and all that follows In this title, the term ‘‘Administrator’’ State loan fund.’’. through ‘‘1993.’’ and inserting ‘‘1419.’’. means the Administrator of the Environ- SEC. 7102. PRIORITY SYSTEM REQUIREMENTS. SEC. 7104. OTHER AUTHORIZED ACTIVITIES. mental Protection Agency. Section 1452(b)(3) of the Safe Drinking Section 1452(k) of the Safe Drinking Water SEC. 7002. SENSE OF THE SENATE ON APPRO- Water Act (42 U.S.C. 300j–12(b)(3)) is amend- Act (42 U.S.C. 300j–12(k)) is amended— PRIATIONS LEVELS AND FINDINGS ed— (1) in paragraph (1)(D), by inserting before ON ECONOMIC IMPACTS. (1) by redesignating subparagraph (B) as the period at the end the following: ‘‘and the (a) SENSE OF THE SENATE.—It is the sense subparagraph (D); implementation of plans to protect source of the Senate that Congress should provide (2) by striking subparagraph (A) and in- water identified in a source water assess- robust funding for the State drinking water serting the following: ment under section 1453’’; and treatment revolving loan funds established ‘‘(A) DEFINITION OF RESTRUCTURING.—In (2) in paragraph (2)(E), by inserting after under section 1452 of the Safe Drinking this paragraph, the term ‘restructuring’ ‘‘wellhead protection programs’’ the fol- Water Act (42 U.S.C. 300j–12) and the State means changes in operations (including own- lowing: ‘‘and implement plans to protect water pollution control revolving funds es- ership, cooperative partnerships, asset man- source water identified in a source water as- tablished under title VI of the Federal Water agement, consolidation, and alternative sessment under section 1453’’. Pollution Control Act (33 U.S.C. 1381 et seq.). water supply). SEC. 7105. NEGOTIATION OF CONTRACTS. (b) FINDINGS.—Congress finds, based on an ‘‘(B) PRIORITY SYSTEM.—An intended use Section 1452 of the Safe Drinking Water analysis sponsored by the Water Environ- plan shall provide, to the maximum extent Act (42 U.S.C. 300j–12) is amended by adding ment Federation and the WateReuse Asso- practicable, that priority for the use of funds at the end the following: ciation of the nationwide impact of State re- be given to projects that— ‘‘(s) NEGOTIATION OF CONTRACTS.—For com- volving loan fund spending using the ‘‘(i) address the most serious risk to munities with populations of more than IMPLAN economic model developed by the human health; 10,000 individuals, a contract to be carried Federal Government, that, in addition to the ‘‘(ii) are necessary to ensure compliance out using funds directly made available by a public health and environmental benefits, with this title (including requirements for capitalization grant under this section for the Federal investment in safe drinking filtration); program management, construction manage- water and clean water provides the following ‘‘(iii) assist systems most in need on a per- ment, feasibility studies, preliminary engi- benefits: household basis according to State afford- neering, design, engineering, surveying, (1) Generation of significant Federal tax ability criteria; and mapping, or architectural or related services revenue, as evidenced by the following: ‘‘(iv) improve the sustainability of sys- shall be negotiated in the same manner as— (A) Every dollar of a Federal capitalization tems. ‘‘(1) a contract for architectural and engi- grant returns $0.21 to the general fund of the ‘‘(C) WEIGHT GIVEN TO APPLICATIONS.—After neering services is negotiated under chapter Treasury in the form of Federal taxes and, determining project priorities under sub- 11 of title 40, United States Code; or

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‘‘(2) an equivalent State qualifications- ‘‘(g) COST SHARING.—Before carrying out ance under this section, has such meaning as based requirement (as determined by the any project under this section, the Adminis- may be given the term by the head of the Governor of the State).’’. trator shall enter into a binding agreement municipality or State, interstate, or inter- SEC. 7106. ASSISTANCE FOR SMALL AND DIS- with 1 or more non-Federal interests that municipal agency with jurisdiction over the ADVANTAGED COMMUNITIES. shall require the non-Federal interests— area to which assistance is provided. (a) IN GENERAL.—Part E of the Safe Drink- ‘‘(1) to pay not less than 45 percent of the ‘‘(4) MUNICIPALITY.—The term ‘munici- ing Water Act (42 U.S.C. 300j et seq.) is total costs of the project, which may include pality’ means— amended by adding at the end the following: services, materials, supplies, or other in- ‘‘(A) a city, town, borough, county, parish, ‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DIS- kind contributions; district, association, or other public entity ADVANTAGED COMMUNITIES. ‘‘(2) to provide any land, easements, rights- established by, or pursuant to, applicable ‘‘(a) DEFINITION OF UNDERSERVED COMMU- of-way, and relocations necessary to carry State law; and NITY.—In this section: out the project; and ‘‘(B) an Indian tribe (as defined in section ‘‘(1) IN GENERAL.—The term ‘underserved ‘‘(3) to pay 100 percent of any operation, 4 of the Indian Self-Determination and Edu- community’ means a local political subdivi- maintenance, repair, replacement, and reha- cation Assistance Act (25 U.S.C. 450b)). sion that, as determined by the Adminis- bilitation costs associated with the project. ‘‘(b) GRANT PROGRAM.— trator, has an inadequate drinking water or ‘‘(h) WAIVER.—The Administrator may ‘‘(1) ESTABLISHMENT.—The Administrator wastewater system. waive the requirement to pay the non-Fed- shall establish a grant program to provide ‘‘(2) INCLUSIONS.—The term ‘underserved eral share of the cost of carrying out an eli- assistance to eligible entities for lead reduc- community’ includes a local political sub- gible activity using funds from a grant pro- tion projects in the United States. division that, as determined by the Adminis- vided under this section if the Administrator ‘‘(2) PRECONDITION.—As a condition of re- trator— determines that an eligible entity is unable ceipt of assistance under this section, before ‘‘(A) does not have household drinking to pay, or would experience significant fi- receiving the assistance the eligible entity water or wastewater services; and nancial hardship if required to pay, the non- shall take steps to identify— ‘‘(B) has a drinking water system that fails Federal share. ‘‘(A) the source of lead in water for human to meet health-based standards under this ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— consumption; and Act, including— There are authorized to be appropriated to ‘‘(B) the means by which the proposed lead ‘‘(i) a maximum contaminant level for a carry out this section— reduction project would reduce lead levels in primary drinking water contaminant; ‘‘(1) $230,000,000 for fiscal year 2017; and the applicable water system. ‘‘(ii) a treatment technique violation; and ‘‘(2) $300,000,000 for each of fiscal years 2018 ‘‘(3) PRIORITY APPLICATION.—In providing ‘‘(iii) an action level exceedance. through 2021.’’. grants under this subsection, the Adminis- trator shall give priority to an eligible enti- ‘‘(b) ESTABLISHMENT.— (b) FUNDING.—Out of any funds in the ‘‘(1) IN GENERAL.—The Administrator shall Treasury not otherwise appropriated, the ty that— establish a program under which grants are Secretary of the Treasury shall transfer to ‘‘(A) the Administrator determines, based provided to eligible entities for use in car- the Administrator to provide grants to eligi- on affordability criteria established by the State under section 1452(d)(3), to be a dis- rying out projects and activities the primary ble entities under section 1459A of the Safe advantaged community; and purposes of which are to assist public water Drinking Water Act (as added by subsection ‘‘(B) proposes to— systems in meeting the requirements of this (a)), $20,000,000, to remain available until ex- ‘‘(i) carry out a lead reduction project at a Act. pended. public water system or nontransient non- ‘‘(2) INCLUSIONS.—Projects and activities SEC. 7107. REDUCING LEAD IN DRINKING WATER. under paragraph (1) include— community water system that has exceeded (a) IN GENERAL.—Part E of the Safe Drink- the lead action level established by the Ad- ‘‘(A) infrastructure investments necessary ing Water Act (42 U.S.C. 300j et seq.) (as to comply with the requirements of this Act, ministrator at any time during the 3-year amended by section 7106) is amended by add- period preceding the date of submission of ‘‘(B) assistance that directly and primarily ing at the end the following: benefits the disadvantaged community on a the application of the eligible entity; per-household basis, and ‘‘SEC. 1459B. REDUCING LEAD IN DRINKING ‘‘(ii) address lead levels in water for human WATER. ‘‘(C) programs to provide household water consumption at a school, daycare, or other ‘‘(a) DEFINITIONS.—In this section: quality testing. facility that primarily serves children or LIGIBLE ENTITY ‘‘(c) ELIGIBLE ENTITIES.—An entity eligible ‘‘(1) E .—The term ‘eligible other vulnerable human subpopulation; or to receive a grant under this section— entity’ means— ‘‘(iii) address such priority criteria as the ‘‘(1) is— ‘‘(A) a community water system; Administrator may establish, consistent ‘‘(A) a public water system as defined in ‘‘(B) a system located in an area governed with the goal of reducing lead levels of con- section 1401; by an Indian Tribe; cern. ‘‘(B) a system that is located in an area ‘‘(C) a nontransient noncommunity water ‘‘(4) COST SHARING.— governed by an Indian Tribe (as defined in system; ‘‘(A) IN GENERAL.—Subject to subparagraph section 1401); or ‘‘(D) a qualified nonprofit organization, as (B), the non-Federal share of the total cost ‘‘(C) a State, on behalf of an underserved determined by the Administrator; and of a project funded by a grant under this sub- community; and ‘‘(E) a municipality or State, interstate, or section shall be not less than 20 percent. ‘‘(2) serves a community that, under af- intermunicipal agency. ‘‘(B) WAIVER.—The Administrator may re- fordability criteria established by the State ‘‘(2) LEAD REDUCTION PROJECT.— duce or eliminate the non-Federal share under section 1452(d)(3), is determined by the ‘‘(A) IN GENERAL.—The term ‘lead reduc- under subparagraph (A) for reasons of afford- State— tion project’ means a project or activity the ability, as the Administrator determines to ‘‘(A) to be a disadvantaged community; primary purpose of which is to reduce the be appropriate. ‘‘(B) to be a community that may become level of lead in water for human consump- ‘‘(5) LOW-INCOME ASSISTANCE.— a disadvantaged community as a result of tion by— ‘‘(A) IN GENERAL.—Subject to subparagraph carrying out an eligible activity; or ‘‘(i) replacement of publicly owned lead (B), an eligible entity may use a grant pro- ‘‘(C) to serve a community with a popu- service lines; vided under this subsection to provide assist- lation of less than 10,000 individuals that the ‘‘(ii) testing, planning, or other relevant ance to low-income homeowners to carry out Administrator determines does not have the activities, as determined by the Adminis- lead reduction projects. capacity to incur debt sufficient to finance trator, to identify and address conditions ‘‘(B) LIMITATION.—The amount of a grant the project under subsection (b). (including corrosion control) that contribute provided to a low-income homeowner under ‘‘(d) PRIORITY.—In prioritizing projects for to increased lead levels in water for human this paragraph shall not exceed the cost of implementation under this section, the Ad- consumption; replacement of the privately owned portion ministrator shall give priority to systems ‘‘(iii) assistance to low-income home- of the service line. that serve underserved communities. owners to replace privately owned service ‘‘(6) SPECIAL CONSIDERATION FOR LEAD SERV- ‘‘(e) LOCAL PARTICIPATION.—In prioritizing lines, pipes, fittings, or fixtures that contain ICE LINE REPLACEMENT.—In carrying out lead projects for implementation under this sec- lead; and service line replacement using a grant under tion, the Administrator shall consult with, ‘‘(iv) education of consumers regarding this subsection, an eligible entity shall— and consider the priorities of, affected measures to reduce exposure to lead from ‘‘(A) notify customers of the replacement States, Indian Tribes, and local govern- drinking water or other sources. of any publicly owned portion of the lead ments. ‘‘(B) LIMITATION.—The term ‘lead reduction service line; ‘‘(f) TECHNICAL, MANAGERIAL, AND FINAN- project’ does not include a partial lead serv- ‘‘(B) in the case of a homeowner who is not CIAL CAPABILITY.—The Administrator may ice line replacement if, at the conclusion of low-income, offer to replace the privately provide assistance to increase the technical, the service line replacement, drinking water owned portion of the lead service line at the managerial, and financial capability of an el- is delivered to a household through a pub- cost of replacement; igible entity receiving a grant under this licly or privately owned portion of a lead ‘‘(C) in the case of a low-income home- section if the Administrator determines that service line. owner, offer to replace the privately owned the eligible entity lacks appropriate tech- ‘‘(3) LOW-INCOME.—The term ‘low-income’, portion of the lead service line and any nical, managerial, and financial capability. with respect to an individual provided assist- pipes, fitting, and fixtures that contain lead

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5398 CONGRESSIONAL RECORD — SENATE September 7, 2016 at a cost that is equal to the difference be- other prescribed level of lead in a regulation ‘‘(D) the size of the community served by tween— issued under section 1412, the Administrator the public water system.’’. ‘‘(i) the cost of replacement; and shall notify the public of the concentrations SEC. 7111. LEAD TESTING IN SCHOOL AND CHILD ‘‘(ii) the amount of low-income assistance of lead found in the monitoring activity con- CARE DRINKING WATER. available to the homeowner under paragraph ducted by the public water system if the pub- (a) IN GENERAL.—Section 1464 of the Safe (5); lic water system or the State does not notify Drinking Water Act (42 U.S.C. 300j–24) is ‘‘(D) notify each customer that a planned the public of the concentrations of lead amended by striking subsection (d) and in- replacement of any publicly owned portion found in a monitoring activity. serting the following: of a lead service line that is funded by a ‘‘(B) RESULTS OF LEAD MONITORING.— ‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE grant made under this subsection will not be ‘‘(i) IN GENERAL.—The Administrator may LEAD TESTING GRANT PROGRAM.— carried out unless the customer agrees to the provide notice of any result of lead moni- ‘‘(1) DEFINITIONS.—In this subsection: simultaneous replacement of the privately toring conducted by a public water system ‘‘(A) CHILD CARE PROGRAM.—The term owned portion of the lead service line; and to— ‘child care program’ has the meaning given ‘‘(E) demonstrate that the eligible entity ‘‘(I) any person that is served by the public the term ‘early childhood education pro- has considered options for reducing lead in water system; or gram’ in section 103 of the Higher Education drinking water, including an evaluation of ‘‘(II) the local or State health department Act of 1965 (20 U.S.C. 1003). options for corrosion control. of a locality or State in which the public ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— water system is located. ‘‘(i) a local educational agency (as defined There is authorized to be appropriated to ‘‘(ii) FORM OF NOTICE.—The Administrator carry out this section $60,000,000 for each of may provide the notice described in clause in section 8101 of the Elementary and Sec- ondary Education Act of 1965 (20 U.S.C. fiscal years 2017 through 2021.’’. (i) by— 7801)); (b) FUNDING.—Out of any funds in the ‘‘(I) press release; or ‘‘(ii) a tribal education agency (as defined Treasury not otherwise appropriated, the ‘‘(II) other form of communication, includ- in section 3 of the National Environmental Secretary of the Treasury shall transfer to ing local media. Education Act (20 U.S.C. 5502)); and the Administrator to provide grants to eligi- ‘‘(C) PRIVACY.—Notice to the public shall ‘‘(iii) an operator of a child care program ble entities under this section under section protect the privacy of individual customer facility licensed under State law. 1459B of the Safe Drinking Water Act (as information.’’; and ‘‘(2) ESTABLISHMENT.— added by subsection (a)), $20,000,000, to re- (5) by adding at the end the following: ‘‘(A) IN GENERAL.—Not later than 180 days main available until expended. ‘‘(6) STRATEGIC PLAN.—Not later than 120 after the date of enactment of the Water Re- days after the date of enactment of this SEC. 7108. REGIONAL LIAISONS FOR MINORITY, sources Development Act of 2016, the Admin- TRIBAL, AND LOW-INCOME COMMU- paragraph, the Administrator, in collabora- istrator shall establish a voluntary school NITIES. tion with States and owners and operators of and child care lead testing grant program to (a) IN GENERAL.—The Administrator shall public water systems, shall establish a stra- make grants available to States to assist appoint not fewer than 1 employee in each tegic plan for how the Administrator, a local educational agencies in voluntary test- regional office of the Environmental Protec- State with primary enforcement responsi- ing for lead contamination in drinking water tion Agency to serve as a liaison to minor- bility, and the owners and operators of pub- at schools and child care programs under the ity, tribal, and low-income communities in lic water systems shall conduct targeted out- jurisdiction of the local educational agen- the relevant region. reach, education, technical assistance, and cies. (b) PUBLIC IDENTIFICATION.—The Adminis- risk communication to populations affected ‘‘(B) GRANTS TO LOCAL EDUCATIONAL AGEN- trator shall identify each regional liaison se- by lead in a public water system.’’. CIES.—The Administrator may make grants lected under subsection (a) on the website (b) CONFORMING AMENDMENTS.—Section directly available to local educational agen- of— 1414(c) of the Safe Drinking Water Act (42 cies for the voluntary testing described in (1) the relevant regional office of the Envi- U.S.C. 300g–3(c)) is amended— subparagraph (A) in— ronmental Protection Agency; and (1) in paragraph (1)(C), by striking ‘‘para- ‘‘(i) any State that does not participate in (2) the Office of Environmental Justice of graph (2)(E)’’ and inserting ‘‘paragraph the voluntary school and child care lead the Environmental Protection Agency. (2)(F)’’; testing grant program established under that SEC. 7109. NOTICE TO PERSONS SERVED. (2) in paragraph (2)(B)(i)(II), by striking subparagraph; and (a) EXCEEDANCE OF LEAD ACTION LEVEL.— ‘‘subparagraph (D)’’ and inserting ‘‘subpara- ‘‘(ii) any direct implementation area. Section 1414(c) of the Safe Drinking Water graph (E)’’; and ‘‘(3) APPLICATION.—To be eligible to receive Act (42 U.S.C. 300g–3(c)) is amended— (3) in paragraph (4)(B) (as redesignated by a grant under this subsection, a State or (1) in paragraph (1), by adding at the end subsection (a)(3)), in the first sentence, by local educational agency shall submit to the the following: striking ‘‘(D)’’ and inserting ‘‘(E)’’. Administrator an application at such time, ‘‘(D) Notice of any exceedance of a lead ac- SEC. 7110. ELECTRONIC REPORTING OF DRINK- in such manner, and containing such infor- tion level or any other prescribed level of ING WATER DATA. mation as the Administrator may require. lead in a regulation issued under section Section 1414 of the Safe Drinking Water ‘‘(4) LIMITATION ON USE OF FUNDS.—Not 1412, including the concentrations of lead Act (42 U.S.C. 300g–3) is amended by adding more than 4 percent of grant funds accepted found in a monitoring activity.’’; at the end the following: under this subsection shall be used to pay (2) in paragraph (2)— ‘‘(j) ELECTRONIC REPORTING OF COMPLIANCE the administrative costs of carrying out this (A) in subparagraph (C)— MONITORING DATA.— subsection. (i) in clause (iii)— ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a (I) by striking ‘‘Administrator or’’ and in- require electronic submission of available condition of receiving a grant under this sub- serting ‘‘Administrator, the Director of the compliance monitoring data, if practicable— section, the State or local educational agen- Centers for Disease Control and Prevention, ‘‘(A) by public water systems (or a certified cy shall ensure that each local educational and, if applicable,’’; and laboratory on behalf of a public water sys- agency to which grant funds are distributed (II) by inserting ‘‘and the appropriate tem)— shall— State and county health agencies’’ after ‘‘(i) to the Administrator; or ‘‘(A) expend grant funds in accordance ‘‘1413’’; ‘‘(ii) with respect to a public water system with— (B) by redesignating subparagraphs (D) and in a State that has primary enforcement re- ‘‘(i) the guidance of the Environmental (E) as subparagraphs (E) and (F), respec- sponsibility under section 1413, to that Protection Agency entitled ‘3Ts for Reducing tively; and State; and Lead in Drinking Water in Schools: Revised (C) by inserting after subparagraph (C) the ‘‘(B) by each State that has primary en- Technical Guidance’ and dated October 2006 following: forcement responsibility under section 1413 (or any successor guidance); or ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— to the Administrator, as a condition on the ‘‘(ii) applicable State regulations or guid- Regulations issued under subparagraph (A) receipt of funds under this Act. ance regarding reducing lead in drinking shall specify notification procedures for an ‘‘(2) CONSIDERATIONS.—In determining water in schools and child care programs exceedance of a lead action level or any whether the requirement referred to in para- that is not less stringent than the guidance other prescribed level of lead in a regulation graph (1) is practicable, the Administrator referred to in clause (i); and issued under section 1412.’’; shall consider— ‘‘(B)(i) make available in the administra- (3) by redesignating paragraphs (3) and (4) ‘‘(A) the ability of a public water system tive offices, and to the maximum extent as paragraphs (4) and (5), respectively; (or a certified laboratory on behalf of a pub- practicable, on the Internet website, of the (4) by inserting after paragraph (2) the fol- lic water system) or a State to meet the re- local educational agency for inspection by lowing: quirements of sections 3.1 through 3.2000 of the public (including teachers, other school ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING title 40, Code of Federal Regulations (or suc- personnel, and parents) a copy of the results TO LEAD.— cessor regulations); of any voluntary testing for lead contamina- ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— ‘‘(B) information system compatibility; tion in school and child care program drink- Not later than 15 days after the date of an ‘‘(C) the size of the public water system; ing water that is carried out with grant exceedance of a lead action level or any and funds under this subsection; and

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5399 ‘‘(ii) notify parent, teacher, and employee the appropriate, applicable, and relevant (8) approximately 42,000,000 people in the organizations of the availability of the re- consensus standards, for the purpose of de- United States receive drinking water from sults described in clause (i). termining standards compliance; and individual wells and millions more rely on ‘‘(6) MAINTENANCE OF EFFORT.—If resources ‘‘(D) auditing the use of the WaterSense community well systems for drinking water. are available to a State or local educational label in the marketplace and preventing (b) SENSE OF THE SENATE.—It is the sense agency from any other Federal agency, a cases of misuse; and of the Senate that providing rural commu- State, or a private foundation for testing for ‘‘(4) not more than 6 years after adoption nities with the knowledge and resources nec- lead contamination in drinking water, the or major revision of any WaterSense speci- essary to fully use alternative drinking State or local educational agency shall dem- fication, review and, if appropriate, revise water systems, including wells and commu- onstrate that the funds provided under this the specification to achieve additional water nity well systems, can provide safe and af- subsection will not displace those resources. savings; fordable drinking water to millions of people ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(5) in revising a WaterSense specifica- in the United States. There is authorized to be appropriated to tion— (c) DRINKING WATER TECHNOLOGY CLEAR- carry out this subsection $20,000,000 for each ‘‘(A) provide reasonable notice to inter- INGHOUSE.—The Administrator and the Sec- of fiscal years 2017 through 2021.’’. ested parties and the public of any changes, retary of Agriculture shall— (b) REPEAL.—Section 1465 of the Safe including effective dates, and an explanation (1) update existing programs of the Envi- Drinking Water Act (42 U.S.C. 300j–25) is re- of the changes; ronmental Protection Agency and the De- pealed. ‘‘(B) solicit comments from interested par- partment of Agriculture designed to provide SEC. 7112. WATERSENSE PROGRAM. ties and the public prior to any changes; drinking water technical assistance to in- The Safe Drinking Water Act (42 U.S.C. ‘‘(C) as appropriate, respond to comments clude information on cost-effective, innova- 300j et seq.) is amended by adding after Part submitted by interested parties and the pub- tive, and alternative drinking water delivery F the following: lic; and systems, including systems that are sup- ‘‘PART G—ADDITIONAL PROVISIONS ‘‘(D) provide an appropriate transition ported by wells; and ‘‘SEC. 1471. WATERSENSE PROGRAM. time prior to the applicable effective date of (2) disseminate information on the cost ef- fectiveness of alternative drinking water de- ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO- any changes, taking into account the timing livery systems, including wells and well sys- GRAM.— necessary for the manufacture, marketing, tems, to communities and not-for-profit or- ‘‘(1) IN GENERAL.—There is established training, and distribution of the specific within the Agency a voluntary WaterSense water-efficient product, building, landscape, ganizations seeking Federal funding for program to identify and promote water-effi- process, or service category being addressed; drinking water systems serving 500 or fewer cient products, buildings, landscapes, facili- and persons. ties, processes, and services that, through ‘‘(6) not later than December 31, 2018, con- (d) WATER SYSTEM ASSESSMENT.—Notwith- voluntary labeling of, or other forms of com- sider for review and revision any WaterSense standing any other provision of law, in any munications regarding, products, buildings, specification adopted before January 1, 2012. application for a grant or loan from the Fed- landscapes, facilities, processes, and services ‘‘(c) TRANSPARENCY.—The Administrator eral Government or a State that is using while meeting strict performance criteria, shall, to the maximum extent practicable Federal assistance for a drinking water sys- sensibly— and not less than annually, regularly esti- tem serving 500 or fewer persons, a unit of ‘‘(A) reduce water use; mate and make available to the public the local government or not-for-profit organiza- ‘‘(B) reduce the strain on public and com- production and relative market shares and tion shall self-certify that the unit of local munity water systems and wastewater and savings of water, energy, and capital costs of government or organization has considered, stormwater infrastructure; water, wastewater, and stormwater attrib- as an alternative drinking water supply, ‘‘(C) conserve energy used to pump, heat, utable to the use of WaterSense-labeled drinking water delivery systems sourced by transport, and treat water; and products, buildings, landscapes, facilities, publicly owned— ‘‘(D) preserve water resources for future processes, and services. (1) individual wells; generations. ‘‘(d) DISTINCTION OF AUTHORITIES.—In set- (2) shared wells; and (3) community wells. ‘‘(2) INCLUSIONS.—The Administrator shall, ting or maintaining specifications for En- EPORT TO CONGRESS.—Not later than 3 consistent with this section, identify water- ergy Star pursuant to section 324A of the En- (e) R years after the date of enactment of this efficient products, buildings, landscapes, fa- ergy Policy and Conservation Act (42 U.S.C. Act, the Administrator and the Secretary of cilities, processes, and services, including 6294a), and WaterSense under this section, Agriculture shall submit to Congress a re- categories such as— the Secretary of Energy and Administrator port that describes— ‘‘(A) irrigation technologies and services; shall coordinate to prevent duplicative or (1) the use of innovative and alternative ‘‘(B) point-of-use water treatment devices; conflicting requirements among the respec- drinking water systems described in this sec- ‘‘(C) plumbing products; tive programs. tion; ‘‘(D) reuse and recycling technologies; ‘‘(e) NO WARRANTY.—A WaterSense label (2) the range of cost savings for commu- ‘‘(E) landscaping and gardening products, shall not create an express or implied war- nities using innovative and alternative including moisture control or water enhanc- ranty.’’. drinking water systems described in this sec- ing technologies; SEC. 7113. WATER SUPPLY COST SAVINGS. tion; and ‘‘(F) xeriscaping and other landscape con- (a) FINDINGS.—Congress finds that— (3) the use of drinking water technical as- versions that reduce water use; (1) the United States is facing a drinking sistance programs operated by the Adminis- ‘‘(G) whole house humidifiers; and water infrastructure funding crisis; trator and the Secretary of Agriculture. ‘‘(H) water-efficient buildings or facilities. (2) the Environmental Protection Agency ‘‘(b) DUTIES.—The Administrator, coordi- projects a shortfall of approximately SEC. 7114. SMALL SYSTEM TECHNICAL ASSIST- nating as appropriate with the Secretary of $384,000,000,000 in funding for drinking water ANCE. Energy, shall— infrastructure from 2015 to 2035 and this Section 1452(q) of the Safe Drinking Water ‘‘(1) establish— funding challenge is particularly acute in Act (42 U.S.C. 300j–12(q)) is amended by strik- ‘‘(A) a WaterSense label to be used for rural communities in the United States; ing ‘‘appropriated’’ and all that follows items meeting the certification criteria es- (3) there are approximately 52,000 commu- through ‘‘2003’’ and inserting ‘‘made avail- tablished in accordance with this section; nity water systems in the United States, of able for each of fiscal years 2016 through and which nearly 42,000 are small community 2021’’. ‘‘(B) the procedure, including the methods water systems; SEC. 7115. DEFINITION OF INDIAN TRIBE. and means, and criteria by which an item (4) the Drinking Water Needs Survey con- Section 1401(14) of the Safe Drinking Water may be certified to display the WaterSense ducted by the Environmental Protection Act (42 U.S.C. 300(f)(14)) is amended by strik- label; Agency in 2011 placed the shortfall in drink- ing ‘‘section 1452’’ and inserting ‘‘sections ‘‘(2) enhance public awareness regarding ing water infrastructure funding for small 1452, 1459A, and 1459B’’. the WaterSense label through outreach, edu- communities, which consist of 3,300 or fewer SEC. 7116. TECHNICAL ASSISTANCE FOR TRIBAL cation, and other means; persons, at $64,500,000,000; WATER SYSTEMS. ‘‘(3) preserve the integrity of the (5) small communities often cannot finance (a) TECHNICAL ASSISTANCE.—Section WaterSense label by— the construction and maintenance of drink- 1442(e)(7) of the Safe Drinking Water Act (42 ‘‘(A) establishing and maintaining feasible ing water systems because the cost per resi- U.S.C. 300j–1(e)(7)) is amended by striking performance criteria so that products, build- dent for the investment would be prohibi- ‘‘Tribes’’ and inserting ‘‘tribes, including ings, landscapes, facilities, processes, and tively expensive; grants to provide training and operator cer- services labeled with the WaterSense label (6) drought conditions have placed signifi- tification services under section 1452(i)(5)’’. perform as well or better than less water-ef- cant strains on existing surface water sup- (b) INDIAN TRIBES.—Section 1452(i) of the ficient counterparts; plies; Safe Drinking Water Act (42 U.S.C. 300j–12(i)) ‘‘(B) overseeing WaterSense certifications (7) many communities across the United is amended— made by third parties; States are considering the use of ground- (1) in paragraph (1), in the first sentence, ‘‘(C) as determined appropriate by the Ad- water and community well systems to pro- by striking ‘‘Tribes and Alaska Native vil- ministrator, using testing protocols, from vide drinking water; and lages’’ and inserting ‘‘tribes, Alaska Native

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villages, and, for the purpose of carrying out ‘‘(E) APPLICATION.—This paragraph shall be ministrator shall use the amounts made paragraph (5), intertribal consortia or tribal applied in a manner consistent with United available to carry out this section to provide organizations’’; and States obligations under international grants to States under subsection (a)(1) in (2) by adding at the end the following: agreements. accordance with a formula that— ‘‘(5) TRAINING AND OPERATOR CERTIFI- ‘‘(F) MANAGEMENT AND OVERSIGHT.—The ‘‘(A) shall be established by the Adminis- CATION.— Administrator may use not more than 0.25 trator, after providing notice and an oppor- ‘‘(A) IN GENERAL.—The Administrator may percent of any funds made available to carry tunity for public comment; and use funds made available under this sub- out this title for management and oversight ‘‘(B) allocates to each State a proportional section and section 1442(e)(7) to make grants of the requirements of this paragraph.’’. share of the amounts based on the total to intertribal consortia or tribal organiza- Subtitle B—Clean Water needs of the State for municipal combined tions for the purpose of providing operations sewer overflow controls and sanitary sewer SEC. 7201. SEWER OVERFLOW CONTROL GRANTS. and maintenance training and operator cer- overflow controls, as identified in the most Section 221 of the Federal Water Pollution tification services to Indian tribes. recent survey— Control Act (33 U.S.C. 1301) is amended— ‘‘(B) ELIGIBLE TRIBAL ORGANIZATIONS.—An ‘‘(i) conducted under section 210; and (1) in subsection (a), by striking the sub- intertribal consortium or tribal organization ‘‘(ii) included in a report required under section designation and heading and all that eligible for a grant under subparagraph (A) is section 516(b)(1)(B).’’; and follows through ‘‘subject to subsection (g), an intertribal consortium or tribal organiza- (4) by striking subsection (i). the Administrator may’’ in paragraph (2) and tion that— inserting the following: SEC. 7202. SMALL AND MEDIUM TREATMENT ‘‘(i) is the most qualified to provide train- WORKS. ‘‘(a) AUTHORITY.—The Administrator ing and technical assistance to Indian tribes; may— (a) IN GENERAL.—Title II of the Federal and ‘‘(1) make grants to States for the purpose Water Pollution Control Act (33 U.S.C. 1281 ‘‘(ii) Indian tribes determine to be the of providing grants to a municipality or mu- et seq.) is amended by adding at the end the most beneficial and effective.’’. nicipal entity for planning, designing, and following: SEC. 7117. REQUIREMENT FOR THE USE OF constructing— ‘‘SEC. 222. TECHNICAL ASSISTANCE FOR SMALL AMERICAN MATERIALS. ‘‘(A) treatment works to intercept, trans- AND MEDIUM TREATMENT WORKS. Section 1452(a) of the Safe Drinking Water port, control, or treat municipal combined ‘‘(a) DEFINITIONS.—In this section: Act (42 U.S.C. 300j–12(a)) is amended by add- sewer overflows and sanitary sewer over- ‘‘(1) MEDIUM TREATMENT WORKS.—The term ing at the end the following: flows; and ‘medium treatment works’ means a publicly ‘‘(4) REQUIREMENT FOR THE USE OF AMER- ‘‘(B) measures to manage, reduce, treat, or owned treatment works serving not fewer ICAN MATERIALS.— recapture stormwater or subsurface drainage than 10,001 and not more than 100,000 individ- ‘‘(A) DEFINITION OF IRON AND STEEL PROD- water; and uals. UCTS.—In this paragraph, the term ‘iron and ‘‘(2) subject to subsection (g),’’; ‘‘(2) QUALIFIED NONPROFIT MEDIUM TREAT- steel products’ means the following products (2) in subsection (b)— MENT WORKS TECHNICAL ASSISTANCE PRO- made, in part, of iron or steel: (A) in paragraph (1), by striking the semi- VIDER.—The term ‘qualified nonprofit me- ‘‘(i) Lined or unlined pipe and fittings. colon at the end and inserting ‘‘; or’’; dium treatment works technical assistance ‘‘(ii) Manhole covers and other municipal (B) by striking paragraphs (2) and (3); and provider’ means a qualified nonprofit tech- castings. (C) by redesignating paragraph (4) as para- nical assistance provider of water and waste- ‘‘(iii) Hydrants. graph (2); water services to medium-sized communities ‘‘(iv) Tanks. (3) by striking subsections (e) through (g) that provides technical assistance (including ‘‘(v) Flanges. and inserting the following: circuit rider technical assistance programs, ‘‘(vi) Pipe clamps and restraints. ‘‘(e) ADMINISTRATIVE REQUIREMENTS.— multi-State, regional assistance programs, ‘‘(vii) Valves. ‘‘(1) IN GENERAL.—Subject to paragraph (2), and training and preliminary engineering ‘‘(viii) Structural steel. a project that receives grant assistance evaluations) to owners and operators of me- ‘‘(ix) Reinforced precast concrete. under subsection (a) shall be carried out sub- dium treatment works, which may include ‘‘(x) Construction materials. ject to the same requirements as a project State agencies. ‘‘(B) REQUIREMENT.—Except as provided in that receives assistance from a State water ‘‘(3) QUALIFIED NONPROFIT SMALL TREAT- subparagraph (C), funds made available by a pollution control revolving fund established MENT WORKS TECHNICAL ASSISTANCE PRO- State loan fund authorized under this sec- pursuant to title VI. VIDER.—The term ‘qualified nonprofit small tion may not be used for a project for the ‘‘(2) DETERMINATION OF GOVERNOR.—The re- treatment works technical assistance pro- construction, alteration, maintenance, or re- quirement described in paragraph (1) shall vider’ means a nonprofit organization that, pair of a public water system unless all the not apply to a project that receives grant as- as determined by the Administrator— iron and steel products used in the project sistance under subsection (a) to the extent ‘‘(A) is the most qualified and experienced are produced in the United States. that the Governor of the State in which the in providing training and technical assist- ‘‘(C) EXCEPTION.—Subparagraph (B) shall project is located determines that a require- ance to small treatment works; and not apply in any case or category of cases in ment described in title VI is inconsistent ‘‘(B) the small treatment works in the which the Administrator finds that— with the purposes of this section. State finds to be the most beneficial and ef- ‘‘(i) applying subparagraph (B) would be in- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— fective. consistent with the public interest; There are authorized to be appropriated to ‘‘(4) SMALL TREATMENT WORKS.—The term ‘‘(ii) iron and steel products are not pro- carry out this section, to remain available ‘small treatment works’ means a publicly duced in the United States in sufficient and until expended— owned treatment works serving not more reasonably available quantities and of a sat- ‘‘(1) $250,000,000 for fiscal year 2017; than 10,000 individuals. isfactory quality; or ‘‘(2) $300,000,000 for fiscal year 2018; ‘‘(b) TECHNICAL ASSISTANCE.—The Adminis- ‘‘(iii) inclusion of iron and steel products ‘‘(3) $350,000,000 for fiscal year 2019; trator may use amounts made available to produced in the United States will increase ‘‘(4) $400,000,000 for fiscal year 2020; and carry out this section to provide grants or the cost of the overall product by more than ‘‘(5) $500,000,000 for fiscal year 2021. cooperative agreements to qualified non- 25 percent. ‘‘(g) ALLOCATION OF FUNDS.— profit small treatment works technical as- ‘‘(D) PUBLIC NOTICE; WRITTEN JUSTIFICA- ‘‘(1) FISCAL YEAR 2017 AND 2018.—For each of sistance providers and grants or cooperative TION.— fiscal years 2017 and 2018, subject to sub- agreements to qualified nonprofit medium ‘‘(i) PUBLIC NOTICE.—If the Administrator section (h), the Administrator shall use the treatment works technical assistance pro- receives a request for a waiver under this amounts made available to carry out this viders to provide to owners and operators of paragraph, the Administrator shall— section to provide grants to municipalities small and medium treatment works onsite ‘‘(I) make available to the public on an in- and municipal entities under subsection technical assistance, circuit-rider technical formal basis, including on the public website (a)(2)— assistance programs, multi-State, regional of the Administrator— ‘‘(A) in accordance with the priority cri- technical assistance programs, and onsite ‘‘(aa) a copy of the request; and teria described in subsection (b); and and regional training, to assist the treat- ‘‘(bb) any information available to the Ad- ‘‘(B) with additional priority given to pro- ment works in achieving compliance with ministrator regarding the request; and posed projects that involve the use of— this Act or obtaining financing under this ‘‘(II) provide notice of, and opportunity for ‘‘(i) nonstructural, low-impact develop- Act for eligible projects. informal public comment on, the request for ment; ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— a period of not less than 15 days before mak- ‘‘(ii) water conservation, efficiency, or There are authorized to be appropriated to ing a finding under subparagraph (C). reuse; or carry out this section— ‘‘(ii) WRITTEN JUSTIFICATION.—If, after the ‘‘(iii) other decentralized stormwater or ‘‘(1) for grants for small treatment works period provided under clause (i), the Admin- wastewater approaches to minimize flows technical assistance, $15,000,000 for each of istrator makes a finding under subparagraph into the sewer systems. fiscal years 2017 through 2021; and (C), the Administrator shall publish in the ‘‘(2) FISCAL YEAR 2019 AND THEREAFTER.— ‘‘(2) for grants for medium treatment Federal Register a written justification as to For fiscal year 2019 and each fiscal year works technical assistance, $10,000,000 for why subparagraph (B) is being waived. thereafter, subject to subsection (h), the Ad- each of fiscal years 2017 through 2021.’’.

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(b) WATER POLLUTION CONTROL REVOLVING ‘‘(A) IN GENERAL.—A permit for a munic- (B) about flexibility available under the LOAN FUNDS.— ipal discharge by a municipality that incor- Federal Water Pollution Control Act (33 (1) IN GENERAL.—Section 603 of the Federal porates an integrated plan may include a U.S.C. 1251 et seq.) and, if applicable, the Water Pollution Control Act (33 U.S.C. 1383) schedule of compliance, under which actions Safe Drinking Water Act (42 U.S.C. 300f et is amended— taken to meet any applicable water quality- seq.); and (A) in subsection (d)— based effluent limitation may be imple- (C) regarding the opportunity to develop (i) in the matter preceding paragraph (1), mented over more than 1 permit term if the an integrated plan, as defined in section by inserting ‘‘and as provided in subsection compliance schedules are authorized by 402(s)(1)(B) of the Federal Water Pollution (e)’’ after ‘‘State law’’; State water quality standards. Control Act (as added by subsection (a)). (ii) by redesignating subsections (e) ‘‘(B) INCLUSION.—Actions subject to a com- (4) PRIORITY.—In carrying out paragraph through (i) as subsections (f) through (j), re- pliance schedule under subparagraph (A) (3), the municipal ombudsman shall give pri- spectively; and may include green infrastructure if imple- ority to any municipality that demonstrates (iii) by inserting after subsection (d) the mented as part of a water quality-based ef- affordability concerns relating to compli- following: fluent limitation. ance with the Federal Water Pollution Con- ‘‘(e) ADDITIONAL USE OF FUNDS.—A State ‘‘(C) REVIEW.—A schedule of compliance trol Act (33 U.S.C. 1251 et seq.) or the Safe may use an additional 2 percent of the funds may be reviewed each time the permit is re- Drinking Water Act (42 U.S.C. 300f et seq.). annually allotted to the State under this newed. (5) INFORMATION SHARING.—The municipal section for qualified nonprofit small treat- ‘‘(4) EXISTING AUTHORITIES RETAINED.— ombudsman shall publish on the website of ment works technical assistance providers ‘‘(A) APPLICABLE STANDARDS.—Nothing in the Environmental Protection Agency— and qualified nonprofit medium treatment this subsection modifies any obligation to (A) general information relating to— works technical assistance providers (as comply with applicable technology and (i) the technical assistance referred to in those terms are defined in section 222) to water quality-based effluent limitations paragraph (2)(A); provide technical assistance to small treat- under this Act. (ii) the financial assistance referred to in ment works and medium treatment works ‘‘(B) FLEXIBILITY.—Nothing in this sub- paragraph (3)(A); (as those terms are defined in section 222) in section reduces or eliminates any flexibility (iii) the flexibility referred to in paragraph the State.’’. available under this Act, including the au- 3(B); and (2) CONFORMING AMENDMENT.—Section thority of— (iv) any resources related to integrated 221(d) of the Federal Water Pollution Control ‘‘(i) a State to revise a water quality plans developed by the Administrator; and Act (33 U.S.C. 1301(d)) is amended by striking standard after a use attainability analysis (B) a copy of each permit, order, or judicial ‘‘section 603(h)’’ and inserting ‘‘section under section 131.10(g) of title 40, Code of consent decree that implements or incor- 603(i)’’. Federal Regulations (as in effect on the date porates an integrated plan. SEC. 7203. INTEGRATED PLANS. of enactment of this subsection), subject to (c) MUNICIPAL ENFORCEMENT.—Section 309 (a) INTEGRATED PLANS.—Section 402 of the the approval of the Administrator under sec- of the Federal Water Pollution Control Act Federal Water Pollution Control Act (33 tion 303(c); and (33 U.S.C. 1319) is amended by adding at the U.S.C. 1342) is amended by adding at the end ‘‘(ii) the Administrator or a State to au- end the following: the following: thorize a schedule of compliance that ex- ‘‘(h) IMPLEMENTATION OF INTEGRATED ‘‘(s) INTEGRATED PLAN PERMITS.— tends beyond the date of expiration of a per- PLANS THROUGH ENFORCEMENT TOOLS.— ‘‘(1) DEFINITIONS.—In this subsection: mit term if the schedule of compliance meets ‘‘(1) IN GENERAL.—In conjunction with an ‘‘(A) GREEN INFRASTRUCTURE.—The term the requirements of section 122.47 of title 40, enforcement action under subsection (a) or ‘green infrastructure’ means the range of Code of Federal Regulations (as in effect on (b) relating to municipal discharges, the Ad- measures that use plant or soil systems, per- the date of enactment of this subsection). ministrator shall inform a municipality of meable pavement or other permeable sur- ‘‘(5) CLARIFICATION OF STATE AUTHORITY.— the opportunity to develop an integrated faces or substrates, stormwater harvest and ‘‘(A) IN GENERAL.—Nothing in section plan, as defined in section 402(s). reuse, or landscaping to store, infiltrate, or 301(b)(1)(C) precludes a State from author- ‘‘(2) MODIFICATION.—Any municipality evapotranspirate stormwater and reduce izing in the water quality standards of the under an administrative order under sub- flows to sewer systems or to surface waters. State the issuance of a schedule of compli- section (a) or settlement agreement (includ- ‘‘(B) INTEGRATED PLAN.—The term ‘inte- ance to meet water quality-based effluent ing a judicial consent decree) under sub- grated plan’ has the meaning given in Part limitations in permits that incorporate pro- section (b) that has developed an integrated III of the Integrated Municipal Stormwater visions of an integrated plan. plan consistent with section 402(s) may re- and Wastewater Planning Approach Frame- ‘‘(B) TRANSITION RULE.—In any case in quest a modification of the administrative work, issued by the Environmental Protec- which a discharge is subject to a judicial order or settlement agreement based on that tion Agency and dated June 5, 2012. order or consent decree as of the date of en- integrated plan.’’. ‘‘(C) MUNICIPAL DISCHARGE.— actment of the Water Resources Develop- (d) REPORT TO CONGRESS.—Not later than 2 ‘‘(i) IN GENERAL.—The term ‘municipal dis- ment Act of 2016 resolving an enforcement years after the date of enactment of this charge’ means a discharge from a treatment action under this Act, any schedule of com- Act, the Administrator shall submit to the works (as defined in section 212) or a dis- pliance issued pursuant to an authorization Committee on Environment and Public charge from a municipal storm sewer under in a State water quality standard shall not Works of the Senate and the Committee on subsection(p). revise or otherwise affect a schedule of com- Transportation and Infrastructure of the ‘‘(ii) INCLUSION.—The term ‘municipal dis- pliance in that order or decree unless the House of Representatives and make publicly charge’ includes a discharge of wastewater or order or decree is modified by agreement of available a report on each integrated plan storm water collected from multiple munici- the parties and the court.’’. developed and implemented through a per- palities if the discharge is covered by the (b) MUNICIPAL OMBUDSMAN.— mit, order, or judicial consent decree since same permit issued under this section. (1) ESTABLISHMENT.—There is established the date of publication of the ‘‘Integrated ‘‘(2) INTEGRATED PLAN.— within the Office of the Administrator an Of- Municipal Stormwater and Wastewater Plan- ‘‘(A) IN GENERAL.—The Administrator (or a fice of the Municipal Ombudsman. ning Approach Framework’’ issued by the State, in the case of a permit program ap- (2) GENERAL DUTIES.—The duties of the mu- Environmental Protection Agency and dated proved under subsection (b)) shall inform a nicipal ombudsman shall include the provi- June 5, 2012, including a description of the municipal permittee or multiple municipal sion of— control measures, levels of control, esti- permittees of the opportunity to develop an (A) technical assistance to municipalities mated costs, and compliance schedules for integrated plan. seeking to comply with the Federal Water the requirements implemented through an ‘‘(B) SCOPE OF PERMIT INCORPORATING INTE- Pollution Control Act (33 U.S.C. 1251 et seq.) integrated plan. GRATED PLAN.—A permit issued under this and the Safe Drinking Water Act (42 U.S.C. SEC. 7204. GREEN INFRASTRUCTURE PRO- subsection that incorporates an integrated 300f et seq.); and MOTION. plan may integrate all requirements under (B) information to the Administrator to Title V of the Federal Water Pollution this Act addressed in the integrated plan, in- help the Administrator ensure that agency Control Act (33 U.S.C. 1361 et seq.) is amend- cluding requirements relating to— policies are implemented by all offices of the ed— ‘‘(i) a combined sewer overflow; Environmental Protection Agency, including (1) by redesignating section 519 (33 U.S.C. ‘‘(ii) a capacity, management, operation, regional offices. 1251 note) as section 520; and and maintenance program for sanitary sewer (3) ACTIONS REQUIRED.—The municipal om- (2) by inserting after section 518 (33 U.S.C. collection systems; budsman shall work with appropriate offices 1377) the following: ‘‘(iii) a municipal stormwater discharge; at the headquarters and regional offices of ‘‘SEC. 519. ENVIRONMENTAL PROTECTION AGEN- ‘‘(iv) a municipal wastewater discharge; the Environmental Protection Agency to en- CY GREEN INFRASTRUCTURE PRO- and sure that the municipality seeking assist- MOTION. ‘‘(v) a water quality-based effluent limita- ance is provided information— ‘‘(a) IN GENERAL.—The Administrator shall tion to implement an applicable wasteload (A) about available Federal financial as- ensure that the Office of Water, the Office of allocation in a total maximum daily load. sistance for which the municipality is eligi- Enforcement and Compliance Assurance, the ‘‘(3) COMPLIANCE SCHEDULES.— ble; Office of Research and Development, and the

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5402 CONGRESSIONAL RECORD — SENATE September 7, 2016 Office of Policy of the Environmental Pro- gress), the Administrator shall revise the (i) by striking ‘‘desalination project’’ and tection Agency promote the use of green in- guidance described in subsection (a)(3). inserting ‘‘desalination project, including frastructure in and coordinate the integra- (2) USE OF GUIDANCE.—Beginning on the chloride control’’; and tion of green infrastructure into, permitting date on which the revised guidance referred (ii) by striking ‘‘or a water recycling programs, planning efforts, research, tech- to in paragraph (1) is finalized, the Adminis- project’’ and inserting ‘‘a water recycling nical assistance, and funding guidance. trator shall use the revised guidance in lieu project, or a project to provide alternative ‘‘(b) DUTIES.—The Administrator shall en- of the guidance described in subsection water supplies to reduce aquifer depletion’’; sure that the Office of Water— (a)(3). (B) by redesignating paragraphs (7), (8), ‘‘(1) promotes the use of green infrastruc- (d) CONSIDERATION AND CONSULTATION.— and (9) as paragraphs (8), (9), and (10), respec- ture in the programs of the Environmental (1) CONSIDERATION.—In revising the guid- tively; Protection Agency; and ance, the Administrator shall consider— (C) by inserting after paragraph (6) the fol- ‘‘(2) coordinates efforts to increase the use (A) the recommendations of the study re- lowing: of green infrastructure with— ferred to in subsection (c) and any other rel- ‘‘(7) A project to prevent, reduce, or miti- ‘‘(A) other Federal departments and agen- evant study, as determined by the Adminis- gate the effects of drought, including cies; trator; projects that enhance the resilience of ‘‘(B) State, tribal, and local governments; (B) local economic conditions, including drought-stricken watersheds.’’; and and site-specific local conditions that should be (D) in paragraph (10) (as redesignated by ‘‘(C) the private sector. taken into consideration in analyzing finan- subparagraph (B)), by striking ‘‘or (7)’’ and ‘‘(c) REGIONAL GREEN INFRASTRUCTURE cial capability; inserting ‘‘(7), or (8)’’. PROMOTION.—The Administrator shall direct (C) other essential community invest- (2) CONFORMING AMENDMENTS.— each regional office of the Environmental ments; (A) Section 5023(b) of the Water Infrastruc- Protection Agency, as appropriate based on (D) potential adverse impacts on distressed ture Finance and Innovation Act of 2014 (33 local factors, and consistent with the re- populations, including the percentage of low- U.S.C. 3902(b)) is amended— quirements of this Act, to promote and inte- income ratepayers within the service area of (i) in paragraph (2), by striking ‘‘and (8)’’ grate the use of green infrastructure within a utility and impacts in communities with and inserting ‘‘(7), and (9)’’; and the region that includes— disparate economic conditions throughout (ii) in paragraph (3), by striking ‘‘para- ‘‘(1) outreach and training regarding green the entire service area of a utility; graph (7) or (9)’’ and inserting ‘‘paragraph (8) infrastructure implementation for State, (E) the degree to which rates of low-income or (10)’’. tribal, and local governments, tribal commu- consumers would be affected by water infra- (B) Section 5024(b) of the Water Infrastruc- nities, and the private sector; and structure investments and the use of rate ture Finance and Innovation Act of 2014 (33 ‘‘(2) the incorporation of green infrastruc- structures to address the rates of low-income U.S.C. 3903(b)) is amended by striking ‘‘para- ture into permitting and other regulatory consumers; graph (8) or (9)’’ and inserting ‘‘paragraph (9) programs, codes, and ordinance development, (F) an evaluation of an array of factors, or (10)’’. including the requirements under consent the relative importance of which may vary (C) Section 5027(3) of the Water Infrastruc- decrees and settlement agreements in en- across regions and localities; and ture Finance and Innovation Act of 2014 (33 forcement actions. (G) the appropriate weight for economic, U.S.C. 3906(3)) is amended by striking ‘‘sec- ‘‘(d) GREEN INFRASTRUCTURE INFORMATION- public health, and environmental benefits tion 5026(7)’’ and inserting ‘‘section 5026(8)’’. SHARING.—The Administrator shall promote associated with improved water quality. (D) Section 5028 of the Water Infrastruc- green infrastructure information-sharing, in- (2) CONSULTATION.—Any revised guidance ture Finance and Innovation Act of 2014 (33 cluding through an Internet website, to issued to replace the guidance shall be devel- U.S.C. 3907) is amended— share information with, and provide tech- oped in consultation with stakeholders. (i) in subsection (a)(1)(E)— nical assistance to, State, tribal, and local (e) PUBLICATION AND SUBMISSION.— (I) by striking ‘‘section 5026(9)’’ and insert- governments, tribal communities, the pri- (1) IN GENERAL.—On completion of the revi- ing ‘‘section 5026(10)’’; and vate sector, and the public regarding green sion of the guidance, the Administrator shall (II) by striking ‘‘section 5026(8)’’ and in- infrastructure approaches for— publish in the Federal Register and submit serting ‘‘section 5026(9)’’; and ‘‘(1) reducing water pollution; to the Committee on Environment and Pub- (ii) in subsection (b)(3), by striking ‘‘sec- ‘‘(2) protecting water resources; lic Works of the Senate and the Committee tion 5026(8)’’ and inserting ‘‘section 5026(9)’’. ‘‘(3) complying with regulatory require- on Transportation and Infrastructure of the (c) TERMS AND CONDITIONS.—Section 5029(b) ments; and House of Representatives the revised guid- of the Water Infrastructure Finance and In- ‘‘(4) achieving other environmental, public ance. novation Act of 2014 (33 U.S.C. 3908(b)) is health, and community goals.’’. (2) EXPLANATION.—If the Administrator amended— SEC. 7205. FINANCIAL CAPABILITY GUIDANCE. makes a determination not to follow 1 or (1) in paragraph (7)— (a) DEFINITIONS.—In this section: more recommendations of the study referred (A) by striking ‘‘The Secretary’’ and in- (1) AFFORDABILITY.—The term ‘‘afford- to in subsection (c)(1), the Administrator serting the following: ability’’ means, with respect to payment of a shall include in the publication and submis- ‘‘(A) IN GENERAL.—Except as provided in utility bill, a measure of whether an indi- sion under paragraph (1) an explanation of subparagraph (B), the Secretary’’; and vidual customer or household can pay the that decision. (B) by adding at the end the following: bill without undue hardship or unreasonable (f) EFFECT.—Nothing in this section pre- ‘‘(B) FINANCING FEES.—On request of an eli- sacrifice in the essential lifestyle or spend- empts or interferes with any obligation to gible entity, the Secretary or the Adminis- ing patterns of the individual or household, comply with any Federal law, including the trator, as applicable, shall allow the fees as determined by the Administrator. Federal Water Pollution Control Act (33 under subparagraph (A) to be financed as (2) FINANCIAL CAPABILITY.—The term ‘‘fi- U.S.C. 1251 et seq.). part of the loan.’’; and nancial capability’’ means the financial ca- Subtitle C—Innovative Financing and (2) by adding at the end the following: pability of a community to make invest- Promotion of Innovative Technologies ‘‘(10) CREDIT.—Any eligible project costs incurred and the value of any integral in- ments necessary to make water quality or SEC. 7301. WATER INFRASTRUCTURE PUBLIC-PRI- drinking water improvements. VATE PARTNERSHIP PILOT PRO- kind contributions made before receipt of as- (3) GUIDANCE.—The term ‘‘guidance’’ means GRAM. sistance under this subtitle shall be credited the guidance published by the Administrator Section 5014(c) of the Water Resources Re- toward the 51 percent of project costs to be entitled ‘‘Combined Sewer Overflows—Guid- form and Development Act of 2014 (33 U.S.C. provided by sources of funding other than a ance for Financial Capability Assessment 2201 note; Public Law 113–121) is amended by secured loan under this subtitle (as described and Schedule Development’’ and dated Feb- striking ‘‘Any activity undertaken under in paragraph (2)(A).’’. ruary 1997, as applicable to the combined this section is authorized only to the extent’’ (d) REMOVAL OF PILOT DESIGNATION.— sewer overflows and sanitary sewer overflows and inserting ‘‘Nothing in this section obli- (1) Subtitle C of title V of the Water Re- guidance published by the Administrator en- gates the Secretary to expend funds unless’’. sources Reform and Development Act of 2014 (33 U.S.C. 3901 et seq.) is amended by striking titled ‘‘Financial Capability Assessment SEC. 7302. WATER INFRASTRUCTURE FINANCE the subtitle designation and heading and in- Framework’’ and dated November 24, 2014. AND INNOVATION. serting the following: (b) USE OF MEDIAN HOUSEHOLD INCOME.— (a) AUTHORITY TO PROVIDE ASSISTANCE.— The Administrator shall not use median Section 5023(b)(2) of the Water Infrastructure ‘‘Subtitle C—Innovative Financing Projects’’. household income as the sole indicator of af- Finance and Innovation Act of 2014 (33 U.S.C. (2) Section 5023 of the Water Infrastructure fordability for a residential household. 3902(b)(2)) is amended by striking ‘‘carry Finance and Innovation Act of 2014 (33 U.S.C. (c) REVISED GUIDANCE.— out’’ and inserting ‘‘provide financial assist- 3092) is amended by striking ‘‘pilot’’ each (1) IN GENERAL.—Not later than 1 year after ance to carry out’’. place it appears. the date of completion of the National Acad- (b) PROJECTS ELIGIBLE FOR ASSISTANCE.— (3) Section 5034 of the Water Infrastructure emy of Public Administration study to es- (1) IN GENERAL.—Section 5026 of the Water Finance and Innovation Act of 2014 (33 U.S.C. tablish a definition and framework for com- Infrastructure Finance and Innovation Act 3913) is amended by striking the section des- munity affordability required by Senate Re- of 2014 (33 U.S.C. 3905) is amended— ignation and heading and inserting the fol- port 114–70, accompanying S. 1645 (114th Con- (A) in paragraph (6)— lowing:

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5403 ‘‘SEC. 5034. REPORTS ON PROGRAM IMPLEMEN- Administrator provides a label designed in tests of water quality, especially with re- TATION.’’. consultation with manufacturers, producers, spect to lead, bacteria, and nitrate content; (4) The table of contents for the Water Re- and importers suitable for placement on (E) increase water supplies in arid areas sources Reform and Development Act of 2014 products to inform consumers that the man- that are experiencing, or have recently expe- (Public Law 113–121) is amended— ufacturer, producer, or importer of the prod- rienced, prolonged drought conditions; (A) by striking the item relating to sub- uct, and other stakeholders, participates in (F) treat edge-of-field runoff to improve title C of title V and inserting the following: the Fund. water quality; ‘‘Subtitle C—Innovative Financing (2) FEE.—The Administrator shall provide (G) treat agricultural, municipal, and in- Projects’’.; and a label for a fee of 3 cents per unit. dustrial wastewater; (g) EPA STUDY ON WATER PRICING.— (B) by striking the item relating to section (H) recycle or reuse water; (1) STUDY.—The Administrator, with par- 5034 and inserting the following: (I) manage urban storm water runoff; ticipation by the States, shall conduct a (J) reduce sewer or stormwater overflows; ‘‘Sec. 5034. Reports on program implementa- study to— (K) conserve water; tion.’’. (A) assess the affordability gap faced by (L) improve water quality by reducing sa- (e) SENSE OF THE SENATE.—It is the sense low-income populations located in urban and linity; of the Senate that— rural areas in obtaining services from clean (M) mitigate air quality impacts associ- (1) appropriations made available to carry water and drinking water systems; and ated with declining water resources; or out the Water Infrastructure Finance and In- (B) analyze options for programs to provide (N) address urgent water quality and novation Act of 2014 (33 U.S.C. 3901 et seq.) incentives for rate adjustments at the local human health needs. should be in addition to robust funding for level to achieve ‘‘full cost’’ or ‘‘true value’’ (d) PRIORITY FUNDING.—In making grants the State water pollution control revolving pricing for such services, while protecting under this section, the Administrator shall funds established under title VI of the Fed- low-income ratepayers from undue burden. give priority to projects that have the poten- eral Water Pollution Control Act (33 U.S.C. (2) REPORT.—Not later than 180 days after tial— 1381 et seq.) and State drinking water treat- the date of enactment of this Act, the Ad- (1) to provide substantial cost savings ment revolving loan funds established under ministrator shall submit to the Committee across a sector; section 1452 of the Safe Drinking Water Act on the Environment and Public Works of the (2) to significantly improve human health (42 U.S.C. 300j–12); and Senate and the Committee on Transpor- or the environment; or (2) the appropriations made available for tation and Infrastructure and the Committee (3) to provide additional water supplies the funds referred to in paragraph (1) should on Energy and Commerce of the House of with minimal environmental impact. not decrease for any fiscal year. Representatives a report on the results of (e) COST-SHARING.—The Federal share of SEC. 7303. WATER INFRASTRUCTURE INVEST- the study. the cost of activities carried out using a MENT TRUST FUND. SEC. 7304. INNOVATIVE WATER TECHNOLOGY grant made under this section shall be not (a) CREATION OF TRUST FUND.—There is es- GRANT PROGRAM. more than 65 percent. tablished in the Treasury of the United (a) DEFINITION OF ELIGIBLE ENTITY.—In this (f) LIMITATION.—The maximum amount of States a trust fund to be known as the section, the term ‘‘eligible entity’’ means— a grant provided to a project under this sec- ‘‘Water Infrastructure Investment Trust (1) a public utility, including publicly tion shall be $5,000,000. Fund’’ (referred to in this section as the owned treatment works and clean water sys- (g) REPORT.—Each year, the Administrator ‘‘Fund’’), consisting of such amounts as may tems; shall submit to Congress and make publicly be appropriated to or deposited in such fund (2) a unit of local government, including a available on the website of the Adminis- as provided in this section. municipality or a joint powers authority; trator a report that describes any advance- (b) TRANSFERS TO TRUST FUND.—The Sec- (3) a private entity, including a farmer or ments during the previous year in develop- retary of the Treasury (referred to in this manufacturer; ment of innovative water technologies made section as the ‘‘Secretary’’) shall deposit in (4) an institution of higher education; as a result of funding provided under this the Fund amounts equal to the fees received (5) a research institution or foundation; section. before January 1, 2022, under subsection (6) a State; (h) AUTHORIZATION OF APPROPRIATIONS.— (f)(2). (7) a regional organization; or There is authorized to be appropriated to (c) EXPENDITURES.—Amounts in the Fund, (8) a nonprofit organization. carry out this section $50,000,000 for each fis- including interest earned and advances to (b) GRANT PROGRAM AUTHORIZED.—The Ad- cal year. the Fund and proceeds from investment ministrator shall carry out a grant program (i) FUNDING.—Out of any funds in the under subsection (d), shall be available for for purposes described in subsection (c) to ac- Treasury not otherwise appropriated, the expenditure, without further appropriation, celerate the development of innovative Secretary of the Treasury shall transfer to as follows: water technologies that address pressing the Administrator to provide grants to eligi- (1) 50 percent of the amounts shall be avail- water challenges. ble entities under this section $10,000,000, to able to the Administrator for making cap- (c) GRANTS.—In carrying out the program remain available until expended. italization grants under section 601 of the under subsection (b), the Administrator shall SEC. 7305. WATER RESOURCES RESEARCH ACT Federal Water Pollution Control Act (33 make to eligible entities grants that— AMENDMENTS. U.S.C. 1381). (1) finance projects to develop, deploy, (a) CONGRESSIONAL FINDINGS AND DECLARA- (2) 50 percent of the amounts shall be avail- test, and improve emerging water tech- TIONS.—Section 102 of the Water Resources able to the Administrator for making cap- nologies; Research Act of 1984 (42 U.S.C. 10301) is italization grants under section 1452 of the (2) fund entities that provide technical as- amended— Safe Drinking Water Act (42 U.S.C. 300j–12). sistance to deploy innovative water tech- (1) by redesignating paragraphs (7) through (d) INVESTMENT.—Amounts in the Fund nologies more broadly, especially— (9) as paragraphs (8) through (10), respec- shall be invested in accordance with section (A) to increase adoption of innovative tively; 9702 of title 31, United States Code, and any water technologies in— (2) in paragraph (8) (as so redesignated), by interest on, and proceeds from, any such in- (i) municipal drinking water and waste- striking ‘‘and’’ at the end; and vestment shall be available for expenditure water treatment systems; (3) by inserting after paragraph (6) the fol- in accordance with this section. (ii) areas served by private wells; or lowing: (e) LIMITATION ON EXPENDITURES.— (iii) water supply systems in arid areas ‘‘(7) additional research is required to in- Amounts in the Fund may not be made that are experiencing, or have recently expe- crease the effectiveness and efficiency of new available for a fiscal year under subsection rienced, prolonged drought conditions; and and existing treatment works through alter- (c) unless the sum of the funds appropriated (B) in a manner that reduces ratepayer or native approaches, including— to the Clean Water State Revolving Fund community costs over time, including the ‘‘(A) nonstructural alternatives; and the Safe Drinking Water State Revolv- cost of future capital investments; or ‘‘(B) decentralized approaches; ing Fund through annual capitalization (3) support technologies that, as deter- ‘‘(C) water use efficiency and conservation; grants is not less than the average of the mined by the Administrator— and sum of the annual amounts provided in cap- (A) improve water quality of a water ‘‘(D) actions to reduce energy consumption italization grants under section 601 of the source; or extract energy from wastewater;’’. Federal Water Pollution Control Act (33 (B) improve the safety and security of a (b) WATER RESOURCES RESEARCH AND TECH- U.S.C. 1381) and section 1452 of the Safe drinking water delivery system; NOLOGY INSTITUTES.—Section 104 of the Drinking Water Act (42 U.S.C. 300j–12) for the (C) minimize contamination of drinking Water Resources Research Act of 1984 (42 5-fiscal-year period immediately preceding water and drinking water sources, including U.S.C. 10303) is amended— such fiscal year. contamination by lead, bacteria, chlorides, (1) in subsection (b)(1)— (f) VOLUNTARY LABELING SYSTEM.— and nitrates; (A) in subparagraph (B)(ii), by striking (1) IN GENERAL.—The Administrator, in (D) improve the quality and timeliness and ‘‘water-related phenomena’’ and inserting consultation with the Administrator of the decrease the cost of drinking water quality ‘‘water resources’’; and Food and Drug Administration, manufactur- tests, especially technologies that can be de- (B) in subparagraph (D), by striking the pe- ers, producers, and importers, shall develop ployed within water systems and at indi- riod at the end and inserting ‘‘; and’’; and implement a program under which the vidual faucets to provide accurate real-time (2) in subsection (c)—

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5404 CONGRESSIONAL RECORD — SENATE September 7, 2016 (A) by striking ‘‘From the’’ and inserting ery systems and renewable energy-powered for, and to optimize siting and design of, fu- the following: desalination systems that could signifi- ture ocean desalination projects.’’. ‘‘(1) IN GENERAL.—From the’’; and cantly reduce desalination costs; SEC. 7307. NATIONAL DROUGHT RESILIENCE (B) by adding at the end the following: ‘‘(5) to develop portable or modular desali- GUIDELINES. ‘‘(2) REPORT.—Not later than December 31 nation units capable of providing temporary (a) IN GENERAL.—The Administrator, in of each fiscal year, the Secretary shall sub- emergency water supplies for domestic or conjunction with the Secretary of the Inte- mit to the Committee on Environment and military deployment purposes; and rior, the Secretary of Agriculture, the Direc- Public Works of the Senate, the Committee ‘‘(6) to develop and promote innovative de- tor of the National Oceanic and Atmospheric on the Budget of the Senate, the Committee salination technologies, including chloride Administration, and other appropriate Fed- on Transportation and Infrastructure of the control, identified by the Secretary.’’. eral agency heads along with State and local House of Representatives, and the Com- (b) DESALINATION DEMONSTRATION AND DE- governments, shall develop nonregulatory mittee on the Budget of the House of Rep- VELOPMENT.—Section 4 of the Water Desali- national drought resilience guidelines relat- resentatives a report regarding the compli- nation Act of 1996 (42 U.S.C. 10301 note; Pub- ing to drought preparedness planning and in- ance of each funding recipient with this sub- lic Law 104–298) is amended by adding at the vestments for communities, water utilities, section for the immediately preceding fiscal end the following: and other water users and providers. year.’’; ‘‘(c) PRIORITIZATION.—In carrying out dem- (b) CONSULTATION.—In developing the na- (3) by striking subsection (e) and inserting onstration and development activities under tional drought resilience guidelines, the Ad- the following: this section, the Secretary shall prioritize ministrator and other Federal agency heads ‘‘(e) EVALUATION OF WATER RESOURCES RE- projects— referred to in subsection (a) shall consult SEARCH PROGRAM.— ‘‘(1) in drought-stricken States and com- with— ‘‘(1) IN GENERAL.—The Secretary shall con- munities; (1) State and local governments; duct a careful and detailed evaluation of ‘‘(2) in States that have authorized funding (2) water utilities; each institute at least once every 3 years to for research and development of desalination (3) scientists; determine— technologies and projects; (4) institutions of higher education; ‘‘(A) the quality and relevance of the water ‘‘(3) that can reduce reliance on imported (5) relevant private entities; and resources research of the institute; water supplies that have an impact on spe- (6) other stakeholders. (c) CONTENTS.—The national drought resil- ‘‘(B) the effectiveness of the institute at cies listed under the Endangered Species Act producing measured results and applied ience guidelines developed under this section of 1973 (16 U.S.C. 1531 et seq.); and water supply research; and shall, to the maximum extent practicable, ‘‘(4) that demonstrably leverage the experi- ‘‘(C) whether the effectiveness of the insti- provide recommendations for a period of 10 ence of international partners with consider- tute as an institution for planning, con- years that— able expertise in desalination, such as the ducting, and arranging for research warrants (1) address a broad range of potential ac- State of Israel.’’. continued support under this section. tions, including— (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) PROHIBITION ON FURTHER SUPPORT.—If, (A) analysis of the impacts of the changing Section 8 of the Water Desalination Act of as a result of an evaluation under paragraph frequency and duration of drought on the fu- 1996 (42 U.S.C. 10301 note; Public Law 104–298) (1), the Secretary determines that an insti- ture effectiveness of water management is amended— tute does not qualify for further support tools; (1) in the first sentence of subsection (a)— under this section, no further grants to the (B) the identification of drought-related (A) by striking ‘‘$5,000,000’’ and inserting institute may be provided until the quali- water management challenges in a broad ‘‘$8,000,000’’; and fications of the institute are reestablished to range of fields, including— (B) by striking ‘‘2013’’ and inserting ‘‘2021’’; the satisfaction of the Secretary.’’; (i) public health and safety; and (4) in subsection (f)(1), by striking (ii) municipal and industrial water supply; (2) in subsection (b), by striking ‘‘for each ‘‘$12,000,000 for each of fiscal years 2007 (iii) agricultural water supply; of fiscal years 2012 through 2013’’ and insert- through 2011’’ and inserting ‘‘$7,500,000 for (iv) water quality; ing ‘‘for each of fiscal years 2017 through each of fiscal years 2017 through 2021’’; and (v) ecosystem health; and 2021’’. (5) in subsection (g)(1), in the first sen- (vi) water supply planning; (d) CONSULTATION.—Section 9 of the Water tence, by striking ‘‘$6,000,000 for each of fis- (C) water management tools to reduce Desalination Act of 1996 (42 U.S.C. 10301 note; cal years 2007 through 2011’’ and inserting drought-related impacts, including— Public Law 104–298) is amended— ‘‘$1,500,000 for each of fiscal years 2017 (i) water use efficiency through gallons per (1) by striking the section designation and through 2021’’. capita reduction goals, appliance efficiency heading and all that follows through ‘‘In car- standards, water pricing incentives, and SEC. 7306. REAUTHORIZATION OF WATER DESALI- rying out’’ in the first sentence and inserting NATION ACT OF 1996. other measures; the following: (a) AUTHORIZATION OF RESEARCH AND STUD- (ii) water recycling; IES.—Section 3 of the Water Desalination Act ‘‘SEC. 9. CONSULTATION AND COORDINATION. (iii) groundwater clean-up and storage; of 1996 (42 U.S.C. 10301 note; Public Law 104– ‘‘(a) CONSULTATION.—In carrying out’’; (iv) new technologies, such as behavioral 298) is amended— (2) in the second sentence, by striking water efficiency; and (1) in subsection (a)— ‘‘The authorization’’ and inserting the fol- (v) stormwater capture and reuse; (A) in paragraph (6), by striking ‘‘and’’ at lowing: (D) water-related energy and greenhouse the end; ‘‘(c) OTHER DESALINATION PROGRAMS.—The gas reduction strategies; and (B) in paragraph (7), by striking the period authorization’’; and (E) public education and engagement; and at the end and inserting a semicolon; and (3) by inserting after subsection (a) (as des- (2) include recommendations relating to (C) by adding at the end the following: ignated by paragraph (1)) the following: the processes that Federal, State, and local ‘‘(8) development of metrics to analyze the ‘‘(b) COORDINATION OF FEDERAL DESALINA- governments and water utilities should con- costs and benefits of desalination relative to TION RESEARCH AND DEVELOPMENT.—The sider when developing drought resilience pre- other sources of water (including costs and White House Office of Science and Tech- paredness and plans, including— benefits related to associated infrastructure, nology Policy shall develop a coordinated (A) the establishment of planning goals; energy use, environmental impacts, and di- strategic plan that— (B) the evaluation of institutional capac- versification of water supplies); and ‘‘(1) establishes priorities for future Fed- ity; ‘‘(9) development of design and siting spec- eral investments in desalination; (C) the assessment of drought-related risks ifications that avoid, minimize, or offset ad- ‘‘(2) coordinates the activities of Federal and vulnerabilities, including the integra- verse social, economic, and environmental agencies involved in desalination, including tion of climate-related impacts; impacts.’’; and the Bureau of Reclamation, the Corps of En- (D) the establishment of a development (2) by adding at the end the following: gineers, the United States Army Tank Auto- process, including an evaluation of the cost- ‘‘(e) PRIORITIZATION.—In carrying out this motive Research, Development and Engi- effectiveness of potential strategies; section, the Secretary shall prioritize fund- neering Center, the National Science Foun- (E) the inclusion of private entities, tech- ing for research— dation, the Office of Naval Research of the nical advisors, and other stakeholders in the ‘‘(1) to reduce energy consumption and Department of Defense, the National Labora- development process; lower the cost of desalination, including tories of the Department of Energy, the (F) implementation and financing issues; chloride control; United States Geological Survey, the Envi- and ‘‘(2) to reduce the environmental impacts ronmental Protection Agency, and the Na- (G) evaluation of the plan, including any of seawater desalination and develop tech- tional Oceanic and Atmospheric Administra- updates to the plan. nology and strategies to minimize those im- tion; SEC. 7308. INNOVATION IN STATE WATER POLLU- pacts; ‘‘(3) strengthens research and development TION CONTROL REVOLVING LOAN ‘‘(3) to improve existing reverse osmosis cooperation with international partners, FUNDS. and membrane technology; such as the State of Israel, in the area of de- (a) IN GENERAL.—Subsection (j)(1)(B) (as ‘‘(4) to carry out basic and applied research salination technology; and redesignated by section 7202(b)(1)(A)(ii)) of on next generation desalination tech- ‘‘(4) promotes public-private partnerships section 603 of the Federal Water Pollution nologies, including improved energy recov- to develop a framework for assessing needs Control Act (33 U.S.C. 1383) is amended—

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5405 (1) in clause (iii), by striking ‘‘or’’ at the less frequently than every 5 years thereafter, (ii) any eligible entity under section 5025 of end; the Administrator shall submit to Congress that Act (33 U.S.C. 3904) for a project eligible (2) in clause (iv), by striking the period at a report that describes— under paragraphs (2) through (9) of section the end and inserting ‘‘; or’’; and ‘‘(1) the amount of financial assistance pro- 5026 of that Act (33 U.S.C. 3905). (3) by adding at the end the following: vided by State loan funds to deploy innova- (B) AMOUNT.—Notwithstanding section ‘‘(v) to encourage the use of innovative tive water technologies; 5029(b)(2) of the Water Infrastructure Fi- water technologies related to any of the ‘‘(2) the barriers impacting greater use of nance and Innovation Act of 2014 (33 U.S.C. issues identified in clauses (i) through (iv) innovative water technologies; and 3908(b)(2)), the amount of a secured loan pro- or, as determined by the State, any other eli- ‘‘(3) the cost-saving potential to cities and vided under subparagraph (A)(i) may be gible project and activity eligible for assist- future infrastructure investments from equal to not more than 80 percent of the rea- ance under subsection (c)’’. emerging technologies.’’. sonably anticipated costs of the projects. (b) INNOVATIVE WATER TECHNOLOGIES.—Sec- Subtitle D—Drinking Water Disaster Relief (2) FEDERAL INVOLVEMENT.—Notwith- tion 603 of the Federal Water Pollution Con- and Infrastructure Investments standing section 5029(b)(9) of the Water Infra- trol Act (33 U.S.C. 1383) (as amended by sec- SEC. 7401. DRINKING WATER INFRASTRUCTURE. structure Finance and Innovation Act of 2014 tion 7202(b)(1)) is amended by adding at the (a) DEFINITIONS.—In this section: (33 U.S.C. 3908(b)(9)), any costs for a project end the following: (1) ELIGIBLE STATE.—The term ‘‘eligible to address lead or other contaminants in ‘‘(k) TECHNICAL ASSISTANCE.—The Adminis- State’’ means a State for which the Presi- drinking water in an eligible system that are trator may provide technical assistance to dent has declared an emergency under the not covered by a secured loan under para- facilitate and encourage the provision of fi- Robert T. Stafford Disaster Relief and Emer- graph (1) may be covered using amounts in nancial assistance for innovative water tech- gency Assistance Act (42 U.S.C. 5121 et seq.) the State revolving loan fund under section nologies. relating to the public health threats associ- 1452 of the Safe Drinking Water Act (42 ‘‘(l) REPORT.—Not later than 1 year after ated with the presence of lead or other con- U.S.C. 300j–12). the date of enactment of the Water Re- taminants in a public drinking water supply (d) NONDUPLICATION OF WORK.—An activity sources Development Act of 2016, and not carried out pursuant to this section shall not system. less frequently than every 5 years thereafter, duplicate the work or activity of any other (2) ELIGIBLE SYSTEM.—The term ‘‘eligible the Administrator shall submit to Congress Federal or State department or agency. system’’ means a public drinking water sup- a report that describes— (e) FUNDING.— ply system that has been the subject of an ‘‘(1) the amount of financial assistance pro- (1) ADDITIONAL DRINKING WATER STATE RE- emergency declaration referred to in para- vided by State water pollution control re- VOLVING FUND CAPITALIZATION GRANTS.— graph (1). (A) IN GENERAL.—The Secretary of the volving funds to deploy innovative water (b) STATE REVOLVING LOAN FUND ASSIST- Treasury shall make available to the Admin- technologies; ANCE.— istrator a total of $100,000,000 to provide ad- ‘‘(2) the barriers impacting greater use of (1) IN GENERAL.—An eligible system shall ditional grants to eligible States pursuant to innovative water technologies; and be— section 1452 of the Safe Drinking Water Act ‘‘(3) the cost-saving potential to cities and (A) considered to be a disadvantaged com- (42 U.S.C. 300j–12), to be available for a period future infrastructure investments from munity under section 1452(d) of the Safe of 18 months beginning on the date on which emerging technologies.’’. Drinking Water Act (42 U.S.C. 300j–12(d)); and the funds are made available, for the pur- SEC. 7309. INNOVATION IN DRINKING WATER (B) eligible to receive loans with additional poses described in subsection (b)(2), and after STATE REVOLVING LOAN FUNDS. subsidization under that Act (42 U.S.C. 300f the end of the 18-month period, until ex- Section 1452 of the Safe Drinking Water et seq.), including forgiveness of principal pended for the purposes described in subpara- Act (42 U.S.C. 300j–12) (as amended by section under section 1452(d)(1) of that Act (42 U.S.C. graph (C). 7105) is amended— 300j–12(d)(1)). (B) SUPPLEMENTED INTENDED USE PLANS.— (1) in subsection (d)— (2) AUTHORIZATION.— From funds made available under subpara- (A) by striking the heading and inserting (A) IN GENERAL.—Using funds provided graph (A), the Administrator shall obligate ‘‘ADDITIONAL ASSISTANCE.—’’; under subsection (e)(1)(A), an eligible State (B) in paragraph (1)— may provide assistance to an eligible system to an eligible State such amounts as are nec- (i) by striking ‘‘Notwithstanding’’ and in- within the eligible State, for the purpose of essary to meet the needs identified in a sup- serting the following: addressing lead or other contaminants in plemented intended use plan by not later ‘‘(A) IN GENERAL.—Notwithstanding’’; and drinking water, including repair and replace- than 30 days after the date on which the eli- (ii) by adding at the end the following: ment of public and private drinking water gible State submits to the Administrator a ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—Not- infrastructure. supplemented intended use plan under sec- withstanding any other provision of this sec- (B) INCLUSION.—Assistance provided under tion 1452(b) of the Safe Drinking Water Act tion, in the case of a State that makes a loan subparagraph (A) may include additional (42 U.S.C. 300j–12(b)) that includes under subsection (a)(2) to carry out an eligi- subsidization under the Safe Drinking Water preapplication information regarding ble activity through the use of an innovative Act (42 U.S.C. 300f et seq.), as described in projects to be funded using the additional as- water technology (including technologies to paragraph (1)(B). sistance, including, with respect to each improve water treatment to ensure compli- (C) EXCLUSION.—Assistance provided under such project— ance with this title and technologies to iden- subparagraph (A) shall not include assist- (i) a description of the project; tify and mitigate sources of drinking water ance for a project that is financed (directly (ii) an explanation of the means by which contamination, including lead contamina- or indirectly), in whole or in part, with pro- the project will address a situation causing a tion), the State may provide additional sub- ceeds of any obligation issued after the date declared emergency in the eligible State; sidization, including forgiveness of principal of enactment of this Act— (iii) the estimated cost of the project; and that is not more than 50 percent of the cost (i) the interest of which is exempt from the (iv) the projected start date for construc- of the portion of the project associated with tax imposed under chapter 1 of the Internal tion of the project. the innovative technology.’’; Revenue Code of 1986; or (C) UNOBLIGATED AMOUNTS.—Of any (C) in paragraph (2)— (ii) with respect to which credit is allow- amounts made available to the Adminis- (i) by striking ‘‘For each fiscal year’’ and able under subpart I or J of part IV of sub- trator under subparagraph (A) that are unob- inserting the following: chapter A of chapter 1 of such Code. ligated on the date that is 18 months after ‘‘(A) IN GENERAL.—For each fiscal year’’; (3) LIMITATION.—Section 1452(d)(2) of the the date on which the amounts are made and Safe Drinking Water Act (42 U.S.C. 300j– available— (ii) by adding at the end the following: 12(d)(2)) shall not apply to— (i) 50 percent shall be available to provide ‘‘(B) INNOVATIVE WATER TECHNOLOGY.—For (A) any funds provided under subsection additional grants under section 1459A of the each fiscal year, not more than 20 percent of (e)(1)(A); or Safe Drinking Water Act (as added by sec- the loan subsidies that may be made by a (B) any other loan provided to an eligible tion 7106); and State under paragraph (1) may be used to system. (ii) 50 percent shall be available to provide provide additional subsidization under sub- (c) WATER INFRASTRUCTURE FINANCING.— additional grants under section 1459B of the paragraph (B) of that paragraph.’’; and (1) SECURED LOANS.— Safe Drinking Water Act (as added by sec- (D) in paragraph (3), in the first sentence, (A) IN GENERAL.—Using funds provided tion 7107). by inserting ‘‘, or portion of a service area,’’ under subsection (e)(2)(A), the Administrator (D) APPLICABILITY.—Section 1452(b)(1) of after ‘‘service area’’; and may make a secured loan under the Water the Safe Drinking Water Act (42 U.S.C. 300j– (2) by adding at the end the following: Infrastructure Finance and Innovation Act 12(b)(1)) shall not apply to a supplement to ‘‘(t) TECHNICAL ASSISTANCE.—The Adminis- of 2014 (33 U.S.C. 3901 et seq.) to— an intended use plan under subparagraph (B). trator may provide technical assistance to (i) an eligible State to carry out a project (2) WIFIA FUNDING.— facilitate and encourage the provision of fi- eligible under paragraphs (2) through (9) of (A) IN GENERAL.—As soon as practicable nancial assistance for the deployment of in- section 5026 of that Act (33 U.S.C. 3905) to ad- after the date of enactment of this Act, the novative water technologies. dress lead or other contaminants in drinking Secretary of the Treasury shall make avail- ‘‘(u) REPORT.—Not later than 1 year after water in an eligible system, including repair able to the Administrator $70,000,000 to pro- the date of enactment of the Water Re- and replacement of public and private drink- vide credit subsidies, in consultation with sources Development Act of 2016, and not ing water infrastructure; and the Director of the Office of Management

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and Budget, for secured loans under sub- Toxic Substances and Disease Registry or (1) IN GENERAL.—On the date of enactment section (c)(1)(A) with a goal of providing se- another relevant agency at the discretion of of this Act, out of any funds in the Treasury cured loans totaling at least $700,000,000. the Secretary, or establish through a grant not otherwise appropriated, the Secretary of (B) USE.—Secured loans provided pursuant award or contract, a lead exposure registry the Treasury shall transfer to the Secretary, to subparagraph (A) shall be available to to collect data on the lead exposure of resi- to be available during the period of fiscal carry out activities described in subsection dents of a City on a voluntary basis. years 2016 through 2020— (c)(1)(A). (c) ADVISORY COMMITTEE.— (A) $17,500,000 to carry out subsection (b); (C) EXCLUSION.—Of the amounts made (1) MEMBERSHIP.— and available under subparagraph (A), $20,000,000 (A) IN GENERAL.—The Secretary shall es- (B) $2,500,000 to carry out subsection (c). shall not be used to provide assistance for a tablish an Advisory Committee in coordina- (2) RECEIPT AND ACCEPTANCE.—The Sec- project that is financed (directly or indi- tion with the Director of the Centers for Dis- retary shall be entitled to receive, shall ac- rectly), in whole or in part, with proceeds of ease Control and Prevention and other rel- cept, and shall use to carry out subsections any obligation issued after the date of enact- evant agencies as determined by the Sec- (b) and (c) the funds transferred under sub- ment of this Act— retary consisting of Federal members and paragraphs (A) and (B) of paragraph (1), re- (i) the interest of which is exempt from the non-Federal members, and which shall in- spectively, without further appropriation. clude— tax imposed under chapter 1 of the Internal SEC. 7404. ADDITIONAL FUNDING FOR CERTAIN Revenue Code of 1986; or (i) an epidemiologist; CHILDHOOD HEALTH PROGRAMS. (ii) a toxicologist; (ii) with respect to which credit is allow- (a) CHILDHOOD LEAD POISONING PREVENTION (iii) a mental health professional; able under subpart I or J of part IV of sub- PROGRAM.— (iv) a pediatrician; chapter A of chapter 1 of such Code. (1) IN GENERAL.—On the date of enactment (v) an early childhood education expert; (3) APPLICABILITY.—Unless explicitly of this Act, out of any funds in the Treasury (vi) a special education expert; waived, all requirements under the Safe not otherwise appropriated, the Secretary of (vii) a dietician; and Drinking Water Act (42 U.S.C. 300f et seq.) the Treasury shall transfer to the Director of (viii) an environmental health expert. and the Water Infrastructure Finance and the Centers for Disease Control and Preven- (B) REQUIREMENTS.—Membership in the Innovation Act of 2014 (33 U.S.C. 3901 et seq.) tion, to be available during the period of fis- Committee shall not exceed 15 members and shall apply to funding provided under this cal years 2017 and 2018, $10,000,000 for the not less than 1⁄2 of the members shall be Fed- subsection. eral members. childhood lead poisoning prevention program (f) HEALTH EFFECTS EVALUATION.— authorized under section 317A of the Public (2) CHAIR.—The Secretary shall designate a (1) IN GENERAL.—Pursuant to section Health Service Act (42 U.S.C. 247b–1). 104(i)(1)(E) of the Comprehensive Environ- chair from among the Federal members ap- pointed to the Committee. (2) RECEIPT AND ACCEPTANCE.—The Director mental Response, Compensation, and Liabil- of the Centers for Disease Control and Pre- (3) TERMS.—Members of the Committee ity Act (42 U.S.C. 9604(i)(1)(E)), and on re- vention shall be entitled to receive, shall ac- ceipt of a request of an appropriate State or shall serve for a term of not more than 3 years and the Secretary may reappoint mem- cept, and shall use to carry out the child- local health official of an eligible State, the bers for consecutive terms. hood lead poisoning prevention program au- Director of the Agency for Toxic Substances (4) APPLICATION OF FACA.—The Committee thorized under section 317A of the Public and Disease Registry of the National Center shall be subject to the Federal Advisory Health Service Act (42 U.S.C. 247b–1) the for Environmental Health shall in coordina- Committee Act (5 U.S.C. App.). funds transferred under paragraph (1), with- tion with other agencies, as appropriate, (5) RESPONSIBILITIES.—The Committee out further appropriation. conduct voluntary surveillance activities to shall, at a minimum— (b) HEALTHY HOMES PROGRAM.— evaluate any adverse health effects on indi- (A) review the Federal programs and serv- (1) IN GENERAL.—On the date of enactment viduals exposed to lead from drinking water ices available to individuals and commu- of this Act, out of any funds in the Treasury in the affected communities. nities exposed to lead; not otherwise appropriated, the Secretary of (2) CONSULTATIONS.—Pursuant to section (B) review current research on lead poi- the Treasury shall transfer to the Secretary 104(i)(4) of the Comprehensive Environ- soning to identify additional research needs; of Housing and Urban Development, to be mental Response, Compensation, and Liabil- (C) review and identify best practices, or available during the period of fiscal years ity Act (42 U.S.C. 9604(i)(4)), and on receipt of the need for best practices, regarding lead 2017 and 2018, $10,000,000 to carry out the a request of an appropriate State or local screening and the prevention of lead poi- Healthy Homes Initiative of the Department health official of an eligible State, the Direc- soning; of Housing and Urban Development. tor of the Agency for Toxic Substances and (D) identify effective services, including (2) RECEIPT AND ACCEPTANCE.—The Sec- Disease Registry of the National Center for services relating to healthcare, education, retary of Housing and Urban Development Environmental Health shall provide con- and nutrition for individuals and commu- shall be entitled to receive, shall accept, and sultations regarding health issues described nities affected by lead exposure and lead poi- shall use to carry out the Healthy Homes in paragraph (1). soning, including in consultation with, as ap- Initiative of the Department of Housing and SEC. 7402. LOAN FORGIVENESS. propriate, the lead exposure registry as es- Urban Development the funds transferred The matter under the heading ‘‘STATE AND tablished in subsection (b); and under paragraph (1), without further appro- TRIBAL ASSISTANCE GRANTS’’ under the head- (E) undertake any other review or activi- priation. ing ‘‘ENVIRONMENTAL PROTECTION ties that the Secretary determines to be ap- (c) HEALTHY START PROGRAM.— AGENCY’’ in title II of division G of the Con- propriate. (1) IN GENERAL.—On the date of enactment solidated Appropriations Act, 2016 (Public (6) REPORT.—Annually for 5 years and of this Act, out of any funds in the Treasury Law 114–113), is amended in paragraph (1), by thereafter as determined necessary by the not otherwise appropriated, the Secretary of striking the semicolon at the end and insert- the Treasury shall transfer to the Adminis- ing the following: ‘‘or, if a Federal or State Secretary or as required by Congress, the Committee shall submit to the Secretary, trator of the Health Resources and Services emergency declaration has been issued due Administration, to be available during the to a threat to public health from heightened the Committees on Finance, Health, Edu- cation, Labor, and Pensions, and Agri- period of fiscal years 2017 and 2018, $10,000,000 exposure to lead in a municipal drinking to carry out the Healthy Start Initiative water supply, before the date of enactment culture, Nutrition, and Forestry of the Sen- ate and the Committees on Education and under section 330H of the Public Health Serv- of this Act: Provided further, That in a State ice Act (42 U.S.C. 254c–8). in which such an emergency declaration has the Workforce, Energy and Commerce, and (2) RECEIPT AND ACCEPTANCE.—The Admin- been issued, the State may use more than 20 Agriculture of the House of Representatives istrator of the Health Resources and Serv- percent of the funds made available under a report that includes— ices Administration shall be entitled to re- this title to the State for Drinking Water (A) an evaluation of the effectiveness of ceive, shall accept, and shall use to carry out State Revolving Fund capitalization grants the Federal programs and services available the Healthy Start Initiative under section to provide additional subsidy to eligible re- to individuals and communities exposed to cipients;’’. lead; 330H of the Public Health Service Act (42 U.S.C. 254c–8) the funds transferred under SEC. 7403. REGISTRY FOR LEAD EXPOSURE AND (B) an evaluation of additional lead poi- ADVISORY COMMITTEE. soning research needs; paragraph (1), without further appropriation. (a) DEFINITIONS.—In this section: (C) an assessment of any effective screen- SEC. 7405. REVIEW AND REPORT. (1) CITY.—The term ‘‘City’’ means a city ing methods or best practices used or devel- (a) IN GENERAL.—Not later than 1 year exposed to lead contamination in the local oped to prevent or screen for lead poisoning; after the date of enactment of this Act, the drinking water system. (D) input and recommendations for im- Attorney General and the Inspector General (2) COMMITTEE.—The term ‘‘Committee’’ proved access to effective services relating of the Environmental Protection Agency means the Advisory Committee established to healthcare, education, or nutrition for in- shall submit to the Committees on Appro- under subsection (c). dividuals and communities impacted by lead priations, Environment and Public Works, (3) SECRETARY.—The term ‘‘Secretary’’ exposure; and and Homeland Security and Governmental means the Secretary of Health and Human (E) any other recommendations for com- Affairs of the Senate and the Committees on Services. munities affected by lead exposure, as appro- Appropriations, Energy and Commerce, (b) LEAD EXPOSURE REGISTRY.—The Sec- priate. Transportation and Infrastructure, and Over- retary shall establish within the Agency for (d) MANDATORY FUNDING.— sight and Government Reform of the House

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of Representatives a report on the status of Subtitle F—Restoration ‘‘(i) IN GENERAL.—Projects shall be carried any ongoing investigations into the Federal out under the Initiative on multiple levels, PART I—GREAT LAKES RESTORATION and State response to the contamination of including— INITIATIVE the drinking water supply of the City of ‘‘(I) Great Lakes-wide; and Flint, Michigan. SEC. 7611. GREAT LAKES RESTORATION INITIA- ‘‘(II) Great Lakes basin-wide. (b) REVIEW.—Not later than 30 days after TIVE. ‘‘(ii) LIMITATION.—No funds made available the completion of the investigations de- Section 118(c) of the Federal Water Pollu- to carry out the Initiative may be used for scribed in subsection (a), the Comptroller tion Control Act (33 U.S.C. 1268(c)) is amend- any water infrastructure activity (other General of the United States shall commence ed by striking paragraph (7) and inserting than a green infrastructure project that im- a review of issues that are not addressed by the following: proves habitat and other ecosystem func- the investigations and relating to— ‘‘(7) GREAT LAKES RESTORATION INITIA- tions in the Great Lakes) for which amounts (1) the adequacy of the response by the TIVE.— are made available from— State of Michigan and the City of Flint to ‘‘(A) ESTABLISHMENT.—There is established ‘‘(I) a State water pollution control revolv- the drinking water crisis in Flint, Michigan, in the Agency a Great Lakes Restoration ing fund established under title VI; or including the timeliness and transparency of Initiative (referred to in this paragraph as ‘‘(II) a State drinking water revolving loan the response, as well as the capacity of the the ‘Initiative’) to carry out programs and fund established under section 1452 of the State and City to manage the drinking water projects for Great Lakes protection and res- Safe Drinking Water Act (42 U.S.C. 300j–12). system; and toration. ‘‘(F) ACTIVITIES BY OTHER FEDERAL AGEN- (2) the adequacy of the response by Region ‘‘(B) FOCUS AREAS.—Each fiscal year under CIES.—Each relevant Federal department or 5 of the Environmental Protection Agency to a 5-year Initiative Action Plan, the Initia- agency shall, to the maximum extent prac- the drinking water crisis in Flint, Michigan, tive shall prioritize programs and projects, ticable— including the timeliness and transparency of carried out in coordination with non-Federal ‘‘(i) maintain the base level of funding for the response. partners, that address priority areas, such the Great Lakes activities of that depart- (c) CONTENTS OF REPORT.—Not later than 1 as— ment or agency without regard to funding year after commencing each review under ‘‘(i) the remediation of toxic substances under the Initiative; and subsection (b), the Comptroller General of and areas of concern; ‘‘(ii) identify new activities and projects to the United States shall submit to Congress a ‘‘(ii) the prevention and control of invasive support the environmental goals of the Ini- report that includes— species and the impacts of invasive species; tiative and the Great Lakes Water Quality (1) a statement of the principal findings of ‘‘(iii) the protection and restoration of Agreement. the review; and nearshore health and the prevention and ‘‘(G) FUNDING.— (2) recommendations for Congress and the mitigation of nonpoint source pollution; ‘‘(i) IN GENERAL.—There is authorized to be President to take any actions to prevent a ‘‘(iv) habitat and wildlife protection and appropriated to carry out this paragraph similar situation in the future and to protect restoration, including wetlands restoration $300,000,000 for each of fiscal years 2017 public health. and preservation; and through 2021. Subtitle E—Report on Groundwater ‘‘(v) accountability, monitoring, evalua- ‘‘(ii) LIMITATION.—Nothing in this para- Contamination tion, communication, and partnership activi- graph creates, expands, or amends the au- SEC. 7501. DEFINITIONS. ties. thority of the Administrator to implement In this subtitle: ‘‘(C) PROJECTS.—Under the Initiative, the programs or projects under— (1) COMPREHENSIVE STRATEGY.—The term Agency shall collaborate with Federal part- ‘‘(I) this section; ‘‘comprehensive strategy’’ means a plan ners, including the Great Lakes Interagency ‘‘(II) the Initiative Action Plan; or for— Task Force, to select the best combination ‘‘(III) the Great Lakes Water Quality (A) the remediation of the plume under the of programs and projects for Great Lakes Agreement.’’. Comprehensive Environmental Response, protection and restoration using appropriate PART II—LAKE TAHOE RESTORATION Compensation, and Liability Act of 1980 (42 principles and criteria, including whether a SEC. 7621. FINDINGS AND PURPOSES. U.S.C. 9601 et seq.); or program or project provides— The Lake Tahoe Restoration Act (Public (B) corrective action under the Solid Waste ‘‘(i) the ability to achieve strategic and Law 106–506; 114 Stat. 2351) is amended by Disposal Act (42 U.S.C. 6901 et seq.). measurable environmental outcomes that striking section 2 and inserting the fol- (2) GROUNDWATER.—The term ‘‘ground- implement the Great Lakes Action Plan and lowing: water’’ means water in a saturated zone or the Great Lakes Water Quality Agreement; ‘‘SEC. 2. FINDINGS AND PURPOSES. stratum beneath the surface of land or ‘‘(ii) the feasibility of— ‘‘(a) FINDINGS.—Congress finds that— water. ‘‘(I) prompt implementation; ‘‘(1) Lake Tahoe— (3) PLUME.—The term ‘‘plume’’ means any ‘‘(II) timely achievement of results; and ‘‘(A) is one of the largest, deepest, and hazardous waste (as defined in section 1004 of ‘‘(III) resource leveraging; and clearest lakes in the world; the Solid Waste Disposal Act (42 U.S.C. 6903)) ‘‘(iii) the opportunity to improve inter- ‘‘(B) has a cobalt blue color, a biologically or hazardous substance (as defined in section agency and inter-organizational coordina- diverse alpine setting, and remarkable water 101 of the Comprehensive Environmental Re- tion and collaboration to reduce duplication clarity; and sponse, Compensation, and Liability Act of and streamline efforts. ‘‘(C) is recognized nationally and world- 1980 (42 U.S.C. 9601)) found in the ground- ‘‘(D) IMPLEMENTATION OF PROJECTS.— wide as a natural resource of special signifi- water supply. ‘‘(i) IN GENERAL.—Subject to subparagraph cance; (4) SITE.—The term ‘‘site’’ means the site (G)(ii), funds made available to carry out the ‘‘(2) in addition to being a scenic and eco- located at 830 South Oyster Bay Road, Initiative shall be used to strategically im- logical treasure, the Lake Tahoe Basin is one Bethpage, New York, 11714 (Environmental plement— of the outstanding recreational resources of Protection Agency identification number ‘‘(I) Federal projects; and the United States, which— NYD002047967). ‘‘(II) projects carried out in coordination ‘‘(A) offers skiing, water sports, biking, SEC. 7502. REPORT ON GROUNDWATER CONTAMI- with States, Indian tribes, municipalities, camping, and hiking to millions of visitors NATION. institutions of higher education, and other each year; and Not later than 180 days after the date of organizations. ‘‘(B) contributes significantly to the econo- enactment of this Act and annually there- ‘‘(ii) TRANSFER OF FUNDS.—With amounts mies of California, Nevada, and the United after, the Secretary of the Navy shall submit made available for the Initiative each fiscal States; to Congress a report on the groundwater con- year, the Administrator may— ‘‘(3) the economy in the Lake Tahoe Basin tamination from the site that includes— ‘‘(I) transfer not more than $300,000,000 to is dependent on the conservation and res- (1) a description of the status of the the head of any Federal department or agen- toration of the natural beauty and recre- groundwater contaminants that are leaving cy, with the concurrence of the department ation opportunities in the area; the site and migrating to a location within a or agency head, to carry out activities to ‘‘(4) the ecological health of the Lake 10-mile radius of the site, including— support the Initiative and the Great Lakes Tahoe Basin continues to be challenged by (A) detailed mapping of the movement of Water Quality Agreement; the impacts of land use and transportation the plume over time; and ‘‘(II) enter into an interagency agreement patterns developed in the last century; (B) projected migration rates of the plume; with the head of any Federal department or ‘‘(5) the alteration of wetland, wet mead- (2) an analysis of the current and future agency to carry out activities described in ows, and stream zone habitat have com- impact of the movement of the plume on subclause (I); and promised the capacity of the watershed to drinking water facilities; and ‘‘(III) make grants to governmental enti- filter sediment, nutrients, and pollutants be- (3) a comprehensive strategy to prevent ties, nonprofit organizations, institutions, fore reaching Lake Tahoe; the groundwater contaminants from the site and individuals for planning, research, moni- ‘‘(6) forests in the Lake Tahoe Basin suffer from contaminating drinking water wells toring, outreach, and implementation of from over a century of fire damage and peri- that, as of the date of the submission of the projects in furtherance of the Initiative and odic drought, which have resulted in— report, have not been affected by the migra- the Great Lakes Water Quality Agreement. ‘‘(A) high tree density and mortality; tion of the plume. ‘‘(E) SCOPE.— ‘‘(B) the loss of biological diversity; and

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5408 CONGRESSIONAL RECORD — SENATE September 7, 2016 ‘‘(C) a large quantity of combustible forest local government, and the private sector ‘‘(A) the Environmental Improvement Pro- fuels, which significantly increases the have contributed more than $1,955,500,000 to gram adopted by the Planning Agency; and threat of catastrophic fire and insect infesta- the Lake Tahoe Basin, including— ‘‘(B) any amendments to the Program. tion; ‘‘(A) $635,400,000 from the Federal Govern- ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING ‘‘(7) the establishment of several aquatic ment; CAPACITY.—The term ‘environmental thresh- and terrestrial invasive species (including ‘‘(B) $758,600,000 from the State of Cali- old carrying capacity’ has the meaning given perennial pepperweed, milfoil, and Asian fornia; the term in Article II of the Compact. clam) threatens the ecosystem of the Lake ‘‘(C) $123,700,000 from the State of Nevada; ‘‘(8) FEDERAL PARTNERSHIP.—The term Tahoe Basin; ‘‘(D) $98,900,000 from units of local govern- ‘Federal Partnership’ means the Lake Tahoe ‘‘(8) there is an ongoing threat to the econ- ment; and Federal Interagency Partnership established omy and ecosystem of the Lake Tahoe Basin ‘‘(E) $338,900,000 from private interests; by Executive Order 13057 (62 Fed. Reg. 41249) of the introduction and establishment of ‘‘(16) significant additional investment (or a successor Executive order). other invasive species (such as yellow from Federal, State, local, and private ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The starthistle, New Zealand mud snail, Zebra sources is necessary— term ‘forest management activity’ in- mussel, and quagga mussel); ‘‘(A) to restore and sustain the ecological cludes— ‘‘(9) 78 percent of the land in the Lake health of the Lake Tahoe Basin; ‘‘(A) prescribed burning for ecosystem Tahoe Basin is administered by the Federal ‘‘(B) to adapt to the impacts of fluctuating health and hazardous fuels reduction; Government, which makes it a Federal re- water temperature and precipitation; and ‘‘(B) mechanical and minimum tool treat- sponsibility to restore ecological health to ‘‘(C) to prevent the introduction and estab- ment; the Lake Tahoe Basin; lishment of invasive species in the Lake ‘‘(C) stream environment zone restoration ‘‘(10) the Federal Government has a long Tahoe Basin; and and other watershed and wildlife habitat en- history of environmental stewardship at ‘‘(17) the Secretary has indicated that the hancements; Lake Tahoe, including— Lake Tahoe Basin Management Unit has the ‘‘(D) nonnative invasive species manage- ‘‘(A) congressional consent to the estab- capacity for at least $10,000,000 annually for ment; and lishment of the Planning Agency with— the Fire Risk Reduction and Forest Manage- ‘‘(E) other activities consistent with For- ‘‘(i) the enactment in 1969 of Public Law ment Program. est Service practices, as the Secretary deter- 91–148 (83 Stat. 360); and ‘‘(b) PURPOSES.—The purposes of this Act mines to be appropriate. ‘‘(ii) the enactment in 1980 of Public Law are— ‘‘(10) MAPS.—The term ‘Maps’ means the 96–551 (94 Stat. 3233); ‘‘(1) to enable the Chief of the Forest Serv- maps— ‘‘(B) the establishment of the Lake Tahoe ice, the Director of the United States Fish ‘‘(A) entitled— Basin Management Unit in 1973; and Wildlife Service, and the Administrator, ‘‘(i) ‘LTRA USFS-CA Land Exchange/North ‘‘(C) the enactment of Public Law 96–586 (94 in cooperation with the Planning Agency Shore’; Stat. 3381) in 1980 to provide for the acquisi- and the States of California and Nevada, to ‘‘(ii) ‘LTRA USFS-CA Land Exchange/West tion of environmentally sensitive land and fund, plan, and implement significant new Shore’; and erosion control grants in the Lake Tahoe environmental restoration activities and for- ‘‘(iii) ‘LTRA USFS-CA Land Exchange/ Basin; est management activities in the Lake South Shore’; and ‘‘(D) the enactment of sections 341 and 342 Tahoe Basin; ‘‘(B) dated January 4, 2016, and on file and of the Department of the Interior and Re- ‘‘(2) to ensure that Federal, State, local, available for public inspection in the appro- lated Agencies Appropriations Act, 2004 regional, tribal, and private entities con- priate offices of— (Public Law 108–108; 117 Stat. 1317), which tinue to work together to manage land in ‘‘(i) the Forest Service; amended the Southern Nevada Public Land the Lake Tahoe Basin; ‘‘(ii) the California Tahoe Conservancy; Management Act of 1998 (Public Law 105–263; ‘‘(3) to support local governments in efforts and 112 Stat. 2346) to provide payments for the related to environmental restoration, ‘‘(iii) the California Department of Parks environmental restoration programs under stormwater pollution control, fire risk re- and Recreation. this Act; and duction, and forest management activities; ‘‘(11) NATIONAL WILDLAND FIRE CODE.—The ‘‘(E) the enactment of section 382 of the and Tax Relief and Health Care Act of 2006 (Pub- term ‘national wildland fire code’ means— ‘‘(4) to ensure that agency and science lic Law 109–432; 120 Stat. 3045), which amend- ‘‘(A) the most recent publication of the Na- community representatives in the Lake ed the Southern Nevada Public Land Man- tional Fire Protection Association codes Tahoe Basin work together— agement Act of 1998 (Public Law 105–263; 112 numbered 1141, 1142, 1143, and 1144; Stat. 2346) to authorize development and im- ‘‘(A) to develop and implement a plan for ‘‘(B) the most recent publication of the plementation of a comprehensive 10-year integrated monitoring, assessment, and ap- International Wildland-Urban Interface Code hazardous fuels and fire prevention plan for plied research to evaluate the effectiveness of the International Code Council; or the Lake Tahoe Basin; of the Environmental Improvement Pro- ‘‘(C) any other code that the Secretary de- ‘‘(11) the Assistant Secretary was an origi- gram; and termines provides the same, or better, stand- nal signatory in 1997 to the Agreement of ‘‘(B) to provide objective information as a ards for protection against wildland fire as a Federal Departments on Protection of the basis for ongoing decisionmaking, with an code described in subparagraph (A) or (B). Environment and Economic Health of the emphasis on decisionmaking relating to re- ‘‘(12) PLANNING AGENCY.—The term ‘Plan- Lake Tahoe Basin; source management in the Lake Tahoe ning Agency’ means the Tahoe Regional ‘‘(12) the Chief of Engineers, under direc- Basin.’’. Planning Agency established under Public tion from the Assistant Secretary, has con- SEC. 7622. DEFINITIONS. Law 91–148 (83 Stat. 360) and Public Law 96– tinued to be a significant contributor to The Lake Tahoe Restoration Act (Public 551 (94 Stat. 3233). Lake Tahoe Basin restoration, including— Law 106–506; 114 Stat. 2351) is amended by ‘‘(13) PRIORITY LIST.—The term ‘Priority ‘‘(A) stream and wetland restoration; and striking section 3 and inserting the fol- List’ means the environmental restoration ‘‘(B) programmatic technical assistance; lowing: priority list developed under section 5(b). ‘‘(13) at the Lake Tahoe Presidential ‘‘SEC. 3. DEFINITIONS. ‘‘(14) SECRETARY.—The term ‘Secretary’ Forum in 1997, the President renewed the ‘‘In this Act: means the Secretary of Agriculture, acting commitment of the Federal Government to ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- through the Chief of the Forest Service. Lake Tahoe by— trator’ means the Administrator of the Envi- ‘‘(15) STREAM ENVIRONMENT ZONE.—The ‘‘(A) committing to increased Federal re- ronmental Protection Agency. term ‘Stream Environment Zone’ means an sources for ecological restoration at Lake ‘‘(2) ASSISTANT SECRETARY.—The term ‘As- area that generally owes the biological and Tahoe; and sistant Secretary’ means the Assistant Sec- physical characteristics of the area to the ‘‘(B) establishing the Federal Interagency retary of the Army for Civil Works. presence of surface water or groundwater. Partnership and Federal Advisory Com- ‘‘(3) CHAIR.—The term ‘Chair’ means the ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The mittee to consult on natural resources issues Chair of the Federal Partnership. term ‘total maximum daily load’ means the concerning the Lake Tahoe Basin; ‘‘(4) COMPACT.—The term ‘Compact’ means total maximum daily load allocations adopt- ‘‘(14) at the 2011 and 2012 Lake Tahoe Fo- the Tahoe Regional Planning Compact in- ed under section 303(d) of the Federal Water rums, Senator Reid, Senator Feinstein, Sen- cluded in the first section of Public Law 96– Pollution Control Act (33 U.S.C. 1313(d)). ator Heller, Senator Ensign, Governor Gib- 551 (94 Stat. 3233). ‘‘(17) WATERCRAFT.—The term ‘watercraft’ bons, Governor Sandoval, and Governor ‘‘(5) DIRECTORS.—The term ‘Directors’ means motorized and non-motorized Brown— means— watercraft, including boats, seaplanes, per- ‘‘(A) renewed their commitment to Lake ‘‘(A) the Director of the United States Fish sonal watercraft, kayaks, and canoes.’’. Tahoe; and and Wildlife Service; and SEC. 7623. IMPROVED ADMINISTRATION OF THE ‘‘(B) expressed their desire to fund the Fed- ‘‘(B) the Director of the United States Geo- LAKE TAHOE BASIN MANAGEMENT eral and State shares of the Environmental logical Survey. UNIT. Improvement Program through 2022; ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO- Section 4 of the Lake Tahoe Restoration ‘‘(15) since 1997, the Federal Government, GRAM.—The term ‘Environmental Improve- Act (Public Law 106–506; 114 Stat. 2353) is the States of California and Nevada, units of ment Program’ means— amended—

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5409 (1) in subsection (b)(3), by striking ‘‘basin’’ Federal land and non-Federal land within codes to implement the applicable portion of and inserting ‘‘Basin’’; and the programs.’’. the 10-year plan described in clause (i). (2) by adding at the end the following: SEC. 7624. AUTHORIZED PROGRAMS. ‘‘(iii) Biomass programs, including feasi- ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— The Lake Tahoe Restoration Act (Public bility assessments. ‘‘(1) COORDINATION.— Law 106–506; 114 Stat. 2351) is amended by ‘‘(iv) Angora Fire Restoration under the ‘‘(A) IN GENERAL.—In conducting forest striking section 5 and inserting the fol- jurisdiction of the Secretary. management activities in the Lake Tahoe lowing: ‘‘(v) Washoe Tribe programs on tribal lands Basin Management Unit, the Secretary shall, ‘‘SEC. 5. AUTHORIZED PROGRAMS. within the Lake Tahoe Basin. ‘‘(vi) Development of an updated Lake as appropriate, coordinate with the Adminis- ‘‘(a) IN GENERAL.—The Secretary, the As- Tahoe Basin multijurisdictional fuel reduc- trator and State and local agencies and orga- sistant Secretary, the Directors, and the Ad- tion and wildfire prevention strategy, con- nizations, including local fire departments ministrator, in coordination with the Plan- sistent with section 4(c). and volunteer groups. ning Agency and the States of California and ‘‘(vii) Development of updated community ‘‘(B) GOALS.—The coordination of activi- Nevada, may carry out or provide financial wildfire protection plans by local fire dis- ties under subparagraph (A) should aim to assistance to any program that— tricts. increase efficiencies and maximize the com- ‘‘(1) is described in subsection (d); ‘‘(viii) Municipal water infrastructure that patibility of management practices across ‘‘(2) is included in the Priority List under significantly improves the firefighting capa- public property boundaries. subsection (b); and ‘‘(2) MULTIPLE BENEFITS.— bility of local government within the Lake ‘‘(3) furthers the purposes of the Environ- Tahoe Basin. ‘‘(A) IN GENERAL.—In conducting forest mental Improvement Program if the pro- management activities in the Lake Tahoe ‘‘(ix) Stewardship end result contracting gram has been subject to environmental re- projects carried out under section 604 of the Basin Management Unit, the Secretary shall view and approval, respectively, as required conduct the activities in a manner that— Healthy Forests Restoration Act of 2003 (16 under Federal law, Article VII of the Com- U.S.C. 6591c). ‘‘(i) except as provided in subparagraph (B), pact, and State law, as applicable. attains multiple ecosystem benefits, includ- ‘‘(B) MINIMUM ALLOCATION.—Of the ‘‘(b) PRIORITY LIST.— amounts made available to the Secretary to ing— ‘‘(1) DEADLINE.—Not later than March 15 of ‘‘(I) reducing forest fuels; carry out subparagraph (A), at least the year after the date of enactment of the $100,000,000 shall be used by the Secretary for ‘‘(II) maintaining biological diversity; Water Resources Development Act of 2016, ‘‘(III) improving wetland and water qual- programs under subparagraph (A)(i). the Chair, in consultation with the Sec- ‘‘(C) PRIORITY.—Units of local government ity, including in Stream Environment Zones; retary, the Administrator, the Directors, the and that have dedicated funding for inspections Planning Agency, the States of California and enforcement of defensible space regula- ‘‘(IV) increasing resilience to changing and Nevada, the Federal Partnership, the tions shall be given priority for amounts pro- water temperature and precipitation; and Washoe Tribe, the Lake Tahoe Federal Advi- vided under this paragraph. ‘‘(ii) helps achieve and maintain the envi- sory Committee, and the Tahoe Science Con- ‘‘(D) COST-SHARING REQUIREMENTS.— ronmental threshold carrying capacities es- sortium (or a successor organization) shall ‘‘(i) IN GENERAL.—As a condition on the re- tablished by the Planning Agency. submit to Congress a prioritized Environ- ceipt of funds, communities or local fire dis- ‘‘(B) EXCEPTION.—Notwithstanding sub- mental Improvement Program list for the tricts that receive funds under this para- paragraph (A)(i), the attainment of multiple Lake Tahoe Basin for the program categories graph shall provide a 25-percent match. ecosystem benefits shall not be required if described in subsection (d). ‘‘(ii) FORM OF NON-FEDERAL SHARE.— the Secretary determines that management ‘‘(2) CRITERIA.—The ranking of the Priority ‘‘(I) IN GENERAL.—The non-Federal share for multiple ecosystem benefits would exces- List shall be based on the best available required under clause (i) may be in the form sively increase the cost of a program in rela- science and the following criteria: of cash contributions or in-kind contribu- tion to the additional ecosystem benefits ‘‘(A) The 4-year threshold carrying capac- tions, including providing labor, equipment, gained from the management activity. ity evaluation. supplies, space, and other operational needs. ‘‘(3) GROUND DISTURBANCE.—Consistent ‘‘(B) The ability to measure progress or ‘‘(II) CREDIT FOR CERTAIN DEDICATED FUND- with applicable Federal law and Lake Tahoe success of the program. ING.—There shall be credited toward the non- Basin Management Unit land and resource ‘‘(C) The potential to significantly con- Federal share required under clause (i) any management plan direction, the Secretary tribute to the achievement and maintenance dedicated funding of the communities or shall— of the environmental threshold carrying ca- local fire districts for a fuels reduction man- ‘‘(A) establish post-program ground condi- pacities identified in Article II of the Com- agement program, defensible space inspec- tion criteria for ground disturbance caused pact. tions, or dooryard chipping. by forest management activities; and ‘‘(D) The ability of a program to provide ‘‘(III) DOCUMENTATION.—Communities and ‘‘(B) provide for monitoring to ascertain multiple benefits. local fire districts shall— the attainment of the post-program condi- ‘‘(E) The ability of a program to leverage ‘‘(aa) maintain a record of in-kind con- tions. non-Federal contributions. tributions that describes— ‘‘(d) WITHDRAWAL OF FEDERAL LAND.— ‘‘(F) Stakeholder support for the program. ‘‘(AA) the monetary value of the in-kind ‘‘(1) IN GENERAL.—Subject to valid existing ‘‘(G) The justification of Federal interest. contributions; and rights and paragraph (2), the Federal land lo- ‘‘(H) Agency priority. ‘‘(BB) the manner in which the in-kind cated in the Lake Tahoe Basin Management ‘‘(I) Agency capacity. contributions assist in accomplishing pro- Unit is withdrawn from— ‘‘(J) Cost-effectiveness. gram goals and objectives; and ‘‘(A) all forms of entry, appropriation, or ‘‘(K) Federal funding history. ‘‘(bb) document in all requests for Federal disposal under the public land laws; ‘‘(3) REVISIONS.—The Priority List sub- funding, and include in the total program ‘‘(B) location, entry, and patent under the mitted under paragraph (1) shall be revised budget, evidence of the commitment to pro- mining laws; and every 2 years. vide the non-Federal share through in-kind ‘‘(C) disposition under all laws relating to ‘‘(4) FUNDING.—Of the amounts made avail- contributions. mineral and geothermal leasing. able under section 10(a), $80,000,000 shall be ‘‘(2) INVASIVE SPECIES MANAGEMENT.— ‘‘(2) EXCEPTIONS.—A conveyance of land made available to the Secretary to carry out ‘‘(A) IN GENERAL.—Of the amounts made shall be exempt from withdrawal under this projects listed on the Priority List. available under section 10(a), $45,000,000 shall subsection if carried out under— ‘‘(c) RESTRICTION.—The Administrator be made available to the Director of the ‘‘(A) this Act; or shall use not more than 3 percent of the United States Fish and Wildlife Service for ‘‘(B) Public Law 96–586 (94 Stat. 3381) (com- funds provided under subsection (a) for ad- the Aquatic Invasive Species Program and monly known as the ‘Santini-Burton Act’). ministering the programs described in para- the watercraft inspections described in sub- ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING graphs (1) and (2) of subsection (d). paragraph (B). CAPACITY.—The Lake Tahoe Basin Manage- ‘‘(d) DESCRIPTION OF ACTIVITIES.— ‘‘(B) DESCRIPTION OF ACTIVITIES.—The Di- ment Unit shall support the attainment of ‘‘(1) FIRE RISK REDUCTION AND FOREST MAN- rector of the United States Fish and Wildlife the environmental threshold carrying capac- AGEMENT.— Service, in coordination with the Assistant ities. ‘‘(A) IN GENERAL.—Of the amounts made Secretary, the Planning Agency, the Cali- ‘‘(f) COOPERATIVE AUTHORITIES.—During available under section 10(a), $150,000,000 fornia Department of Fish and Wildlife, and the 4 fiscal years following the date of enact- shall be made available to the Secretary to the Nevada Department of Wildlife, shall de- ment of the Water Resources Development carry out, including by making grants, the ploy strategies consistent with the Lake Act of 2016, the Secretary, in conjunction following programs: Tahoe Aquatic Invasive Species Management with land adjustment programs, may enter ‘‘(i) Programs identified as part of the Plan to prevent the introduction or spread of into contracts and cooperative agreements Lake Tahoe Basin Multi-Jurisdictional Fuel aquatic invasive species in the Lake Tahoe with States, units of local government, and Reduction and Wildfire Prevention Strategy region. other public and private entities to provide 10-Year Plan. ‘‘(C) CRITERIA.—The strategies referred to for fuel reduction, erosion control, reforest- ‘‘(ii) Competitive grants for fuels work to in subparagraph (B) shall provide that— ation, Stream Environment Zone restora- be awarded by the Secretary to communities ‘‘(i) combined inspection and decontamina- tion, and similar management activities on that have adopted national wildland fire tion stations be established and operated at

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5410 CONGRESSIONAL RECORD — SENATE September 7, 2016 not less than 2 locations in the Lake Tahoe SEC. 7625. PROGRAM PERFORMANCE AND AC- cooperation with the Chair, the Adminis- region; and COUNTABILITY. trator, the Directors, the Planning Agency, ‘‘(ii) watercraft not be allowed to launch in The Lake Tahoe Restoration Act (Public and the States of California and Nevada, con- waters of the Lake Tahoe region if the Law 106–506; 114 Stat. 2351) is amended by sistent with subsection (a), shall submit to watercraft has not been inspected in accord- striking section 6 and inserting the fol- Congress a report that describes— ance with the Lake Tahoe Aquatic Invasive lowing: ‘‘(1) the status of all Federal, State, local, Species Management Plan. ‘‘SEC. 6. PROGRAM PERFORMANCE AND AC- and private programs authorized under this ‘‘(D) CERTIFICATION.—The Planning Agency COUNTABILITY. Act, including to the maximum extent prac- may certify State and local agencies to per- ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT- ticable, for programs that will receive Fed- form the decontamination activities de- ABILITY.— eral funds under this Act during the current scribed in subparagraph (C)(i) at locations ‘‘(1) IN GENERAL.—Of the amounts made or subsequent fiscal year— outside the Lake Tahoe Basin if standards at available under section 10(a), not less than ‘‘(A) the program scope; the sites meet or exceed standards for simi- $5,000,000 shall be made available to the Sec- ‘‘(B) the budget for the program; and lar sites in the Lake Tahoe Basin established retary to carry out this section. ‘‘(C) the justification for the program, con- under this paragraph. ‘‘(2) PLANNING AGENCY.—Of the amounts de- sistent with the criteria established in sec- ‘‘(E) APPLICABILITY.—The strategies and scribed in paragraph (1), not less than 50 per- tion 5(b)(2); criteria developed under this paragraph shall cent shall be made available to the Planning ‘‘(2) Federal, State, local, and private ex- apply to all watercraft to be launched on Agency to carry out the program oversight penditures in the preceding fiscal year to im- water within the Lake Tahoe region. and coordination activities established under plement the Environmental Improvement ‘‘(F) FEES.—The Director of the United subsection (d). Program; ‘‘(b) CONSULTATION.—In carrying out this States Fish and Wildlife Service may collect ‘‘(3) accomplishments in the preceding fis- Act, the Secretary, the Administrator, and and spend fees for decontamination only at a cal year in implementing this Act in accord- the Directors shall, as appropriate and in a level sufficient to cover the costs of oper- ance with the performance measures and timely manner, consult with the heads of the ation of inspection and decontamination sta- other monitoring and assessment activities; Washoe Tribe, applicable Federal, State, re- tions under this paragraph. and gional, and local governmental agencies, and ‘‘(G) CIVIL PENALTIES.— ‘‘(4) public education and outreach efforts the Lake Tahoe Federal Advisory Com- ‘‘(i) IN GENERAL.—Any person that undertaken to implement programs author- mittee. launches, attempts to launch, or facilitates ized under this Act. launching of watercraft not in compliance ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY ‘‘(f) ANNUAL BUDGET PLAN.—As part of the with strategies deployed under this para- AGREEMENTS.— annual budget of the President, the Presi- graph shall be liable for a civil penalty in an ‘‘(1) IN GENERAL.—The Assistant Secretary dent shall submit information regarding amount not to exceed $1,000 per violation. may enter into interagency agreements with each Federal agency involved in the Envi- ‘‘(ii) OTHER AUTHORITIES.—Any penalties non-Federal interests in the Lake Tahoe ronmental Improvement Program (including assessed under this subparagraph shall be Basin to use Lake Tahoe Partnership-Mis- the Forest Service, the Environmental Pro- separate from penalties assessed under any cellaneous General Investigations funds to other authority. provide programmatic technical assistance tection Agency, the United States Fish and Wildlife Service, the United States Geologi- ‘‘(H) LIMITATION.—The strategies and cri- for the Environmental Improvement Pro- teria under subparagraphs (B) and (C), re- gram. cal Survey, and the Corps of Engineers), in- spectively, may be modified if the Secretary ‘‘(2) LOCAL COOPERATION AGREEMENTS.— cluding— of the Interior, in a nondelegable capacity ‘‘(A) IN GENERAL.—Before providing tech- ‘‘(1) an interagency crosscut budget that and in consultation with the Planning Agen- nical assistance under this section, the As- displays the proposed budget for use by each cy and State governments, issues a deter- sistant Secretary shall enter into a local co- Federal agency in carrying out restoration mination that alternative measures will be operation agreement with a non-Federal in- activities relating to the Environmental Im- no less effective at preventing introduction terest to provide for the technical assist- provement Program for the following fiscal of aquatic invasive species into Lake Tahoe ance. year; than the strategies and criteria developed ‘‘(B) COMPONENTS.—The agreement entered ‘‘(2) a detailed accounting of all amounts under subparagraphs (B) and (C), respec- into under subparagraph (A) shall— received and obligated by Federal agencies tively. ‘‘(i) describe the nature of the technical as- to achieve the goals of the Environmental ‘‘(I) SUPPLEMENTAL AUTHORITY.—The au- sistance; Improvement Program during the preceding thority under this paragraph is supplemental ‘‘(ii) describe any legal and institutional fiscal year; and to all actions taken by non-Federal regu- structures necessary to ensure the effective ‘‘(3) a description of the Federal role in the latory authorities. long-term viability of the end products by Environmental Improvement Program, in- ‘‘(J) SAVINGS CLAUSE.—Nothing in this title the non-Federal interest; and cluding the specific role of each agency in- restricts, affects, or amends any other law or ‘‘(iii) include cost-sharing provisions in ac- volved in the restoration of the Lake Tahoe the authority of any department, instrumen- cordance with subparagraph (C). Basin.’’. tality, or agency of the United States, or any ‘‘(C) FEDERAL SHARE.— SEC. 7626. CONFORMING AMENDMENTS; UP- State or political subdivision thereof, re- ‘‘(i) IN GENERAL.—The Federal share of pro- DATES TO RELATED LAWS. specting the control of invasive species. gram costs under each local cooperation (a) LAKE TAHOE RESTORATION ACT.—The ‘‘(3) STORMWATER MANAGEMENT, EROSION agreement under this paragraph shall be 65 Lake Tahoe Restoration Act (Public Law CONTROL, AND TOTAL WATERSHED RESTORA- percent. 106–506; 114 Stat. 2351) is amended— TION.—Of the amounts made available under ‘‘(ii) FORM.—The Federal share may be in (1) by striking sections 8 and 9; section 10(a), $113,000,000 shall be made avail- the form of reimbursements of program (2) by redesignating sections 10, 11, and 12 able— costs. as sections 8, 9, and 10, respectively; and ‘‘(A) to the Secretary, the Secretary of the ‘‘(iii) CREDIT.—The non-Federal interest (3) in section 9 (as redesignated by para- Interior, the Assistant Secretary, or the Ad- may receive credit toward the non-Federal graph (2)) by inserting ‘‘, Director, or Admin- ministrator for the Federal share of share for the reasonable costs of related istrator’’ after ‘‘Secretary’’. stormwater management and related pro- technical activities completed by the non- (b) TAHOE REGIONAL PLANNING COMPACT.— grams consistent with the adopted Total Federal interest before entering into a local Subsection (c) of Article V of the Tahoe Re- Maximum Daily Load and near-shore water cooperation agreement with the Assistant gional Planning Compact (Public Law 96–551; quality goals; Secretary under this paragraph. 94 Stat. 3240) is amended in the third sen- ‘‘(B) for grants by the Secretary and the ‘‘(d) EFFECTIVENESS EVALUATION AND MONI- tence by inserting ‘‘and, in so doing, shall Administrator to carry out the programs de- TORING.—In carrying out this Act, the Sec- ensure that the regional plan reflects chang- scribed in subparagraph (A); retary, the Administrator, and the Directors, ing economic conditions and the economic ‘‘(C) to the Secretary or the Assistant Sec- in coordination with the Planning Agency effect of regulation on commerce’’ after retary for the Federal share of the Upper and the States of California and Nevada, ‘‘maintain the regional plan’’. Truckee River restoration programs and shall— (c) TREATMENT UNDER TITLE 49, UNITED other watershed restoration programs identi- ‘‘(1) develop and implement a plan for inte- STATES CODE.—Section 5303(r)(2)(C) of title fied in the Priority List established under grated monitoring, assessment, and applied 49, United States Code, is amended— section 5(b); and research to evaluate the effectiveness of the (1) by inserting ‘‘and 25 square miles of ‘‘(D) for grants by the Administrator to Environmental Improvement Program; land area’’ after ‘‘145,000’’; and carry out the programs described in subpara- ‘‘(2) include funds in each program funded (2) by inserting ‘‘and 12 square miles of graph (C). under this section for monitoring and assess- land area’’ after ‘‘65,000’’. ‘‘(4) SPECIAL STATUS SPECIES MANAGE- ment of results at the program level; and MENT.—Of the amounts made available under ‘‘(3) use the integrated multiagency per- SEC. 7627. AUTHORIZATION OF APPROPRIATIONS. section 10(a), $20,000,000 shall be made avail- formance measures established under this The Lake Tahoe Restoration Act (Public able to the Director of the United States section. Law 106–506; 114 Stat. 2351) is amended by Fish and Wildlife Service for the Lahontan ‘‘(e) REPORTING REQUIREMENTS.—Not later striking section 10 (as redesignated by sec- Cutthroat Trout Recovery Program.’’. than March 15 of each year, the Secretary, in tion 7626(a)(2)) and inserting the following:

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There is authorized to be appropriated to management efficiencies; ‘‘(C) AVAILABILITY AND USE.—The proceeds carry out this Act $415,000,000 for a period of ‘‘(ii) not result in any significant changes from a conveyance under subparagraph (A) 10 fiscal years beginning the first fiscal year in the uses of the land; and shall be retained by the Secretary of Agri- after the date of enactment of the Water Re- ‘‘(iii) be subject to the condition that the culture and used for— sources Development Act of 2016. applicable deed include such terms, restric- ‘‘(i) purchasing inholdings throughout the ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts tions, covenants, conditions, and reserva- Lake Tahoe Basin; or authorized under this section and any tions as the Secretary determines nec- ‘‘(ii) providing additional funds to carry amendments made by this Act— essary— out the Lake Tahoe Restoration Act (Public ‘‘(1) shall be in addition to any other ‘‘(I) to ensure compliance with this Act; Law 106–506; 114 Stat. 2351) in excess of amounts made available to the Secretary, and amounts made available under section 10 of the Administrator, or the Directors for ex- ‘‘(II) to ensure that the transfer of develop- that Act. penditure in the Lake Tahoe Basin; and ment rights associated with the conveyed ‘‘(D) OBLIGATION LIMIT.—The obligation ‘‘(2) shall not reduce allocations for other parcels shall not be recognized or available and expenditure of proceeds retained under Regions of the Forest Service, the Environ- for transfer under chapter 51 of the Code of this paragraph shall be subject to such fiscal mental Protection Agency, or the United Ordinances for the Tahoe Regional Planning year limitation as may be specified in an Act States Fish and Wildlife Service. Agency. making appropriations for the Forest Serv- ‘‘(c) COST-SHARING REQUIREMENT.—Except ‘‘(D) CONTINUATION OF SPECIAL USE PER- ice for a fiscal year. as provided in subsection (d) and section MITS.—The land conveyance under this para- ‘‘(5) REVERSION.—If a parcel of land trans- 5(d)(1)(D), funds for activities carried out graph shall be subject to the condition that ferred under paragraph (2) or (3) is used in a under section 5 shall be available for obliga- the State of California accept all special use manner that is inconsistent with the use de- tion on a 1-to-1 basis with funding of restora- permits applicable, as of the date of enact- scribed for the parcel of land in paragraph (2) tion activities in the Lake Tahoe Basin by ment of the Water Resources Development or (3), respectively, the parcel of land, shall, the States of California and Nevada. Act of 2016, to the land described in subpara- at the discretion of the Secretary, revert to ‘‘(d) RELOCATION COSTS.—Notwithstanding graph (B)(ii) for the duration of the special the United States. subsection (c), the Secretary shall provide to use permits, and subject to the terms and ‘‘(6) FUNDING.— local utility districts 2⁄3 of the costs of relo- conditions of the special use permits. ‘‘(A) IN GENERAL.—Of the amounts made cating facilities in connection with— ‘‘(3) NEVADA CONVEYANCES.— available under section 10(a) of the Lake ‘‘(1) environmental restoration programs ‘‘(A) IN GENERAL.—In accordance with this Tahoe Restoration Act (Public Law 106–506; under sections 5 and 6; and section and on request by the Governor of 114 Stat. 2351), $2,000,000 shall be made avail- ‘‘(2) erosion control programs under sec- Nevada, the Secretary may transfer the land able to the Secretary to carry out the activi- tion 2 of Public Law 96–586 (94 Stat. 3381). or interests in land described in subpara- ties under paragraphs (2), (3), and (4). ‘‘(e) SIGNAGE.—To the maximum extent graph (B) to the State of Nevada without ‘‘(B) OTHER FUNDS.—Of the amounts avail- practicable, a program provided assistance consideration, subject to appropriate deed able to the Secretary under paragraph (1), under this Act shall include appropriate restrictions to protect the environmental not less than 50 percent shall be provided to signage at the program site that— quality and public recreational use of the the California Tahoe Conservancy to facili- ‘‘(1) provides information to the public land transferred. tate the conveyance of land described in on— ‘‘(B) DESCRIPTION OF LAND.—The land re- paragraphs (2) and (3).’’. ‘‘(A) the amount of Federal funds being ferred to in subparagraph (A) includes— PART III—LONG ISLAND SOUND provided to the program; and ‘‘(i) the approximately 38.68 acres of Forest RESTORATION ‘‘(B) this Act; and Service land identified on the map entitled SEC. 7631. RESTORATION AND STEWARDSHIP ‘‘(2) displays the visual identity mark of ‘State of Nevada Conveyances’ as ‘Van Sick- PROGRAMS. the Environmental Improvement Program.’’. le Unit USFS Inholding’; and (a) LONG ISLAND SOUND RESTORATION PRO- SEC. 7628. LAND TRANSFERS TO IMPROVE MAN- ‘‘(ii) the approximately 92.28 acres of For- GRAM.—Section 119 of the Federal Water Pol- AGEMENT EFFICIENCIES OF FED- est Service land identified on the map enti- lution Control Act (33 U.S.C. 1269) is amend- ERAL AND STATE LAND. tled ‘State of Nevada Conveyances’ as ‘Lake ed— Section 3(b) of Public Law 96–586 (94 Stat. Tahoe Nevada State Park USFS Inholding’. (1) in subsection (b), by striking the sub- 3384) (commonly known as the ‘‘Santini-Bur- ‘‘(C) CONDITIONS.—Any land conveyed section designation and heading and all that ton Act’’) is amended— under this paragraph shall— follows through ‘‘The Office shall’’ and in- (1) by striking ‘‘(b) Lands’’ and inserting ‘‘(i) be for the purpose of consolidating serting the following: the following: Federal and State ownerships and improving ‘‘(b) OFFICE.— ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— management efficiencies; ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘(1) IN GENERAL.—Land’’; and ‘‘(ii) not result in any significant changes shall— (2) by adding at the end the following: in the uses of the land; and ‘‘(A) continue to carry out the conference ‘‘(2) CALIFORNIA CONVEYANCES.— ‘‘(iii) be subject to the condition that the study; and ‘‘(A) IN GENERAL.—If the State of Cali- applicable deed include such terms, restric- ‘‘(B) establish an office, to be located on or fornia (acting through the California Tahoe tions, covenants, conditions, and reserva- near Long Island Sound. Conservancy and the California Department tions as the Secretary determines nec- ‘‘(2) ADMINISTRATION AND STAFFING.—The of Parks and Recreation) offers to donate to essary— Office shall’’; the United States the non-Federal land de- ‘‘(I) to ensure compliance with this Act; (2) in subsection (c)— scribed in subparagraph (B)(i), the Sec- and (A) in the matter preceding paragraph (1), retary— ‘‘(II) to ensure that the development rights by striking ‘‘Management Conference of the ‘‘(i) may accept the offer; and associated with the conveyed parcels shall Long Island Sound Study’’ and inserting ‘‘(ii) convey to the State of California, sub- not be recognized or available for transfer ‘‘conference study’’; ject to valid existing rights and for no con- under section 90.2 of the Code of Ordinances (B) in paragraph (2)— sideration, all right, title, and interest of the for the Tahoe Regional Planning Agency. (i) in each of subparagraphs (A) through United States in and to the Federal land. ‘‘(D) CONTINUATION OF SPECIAL USE PER- (G), by striking the commas at the end of the ‘‘(B) DESCRIPTION OF LAND.— MITS.—The land conveyance under this para- subparagraphs and inserting semicolons; ‘‘(i) NON-FEDERAL LAND.—The non-Federal graph shall be subject to the condition that (ii) in subparagraph (H), by striking ‘‘, land referred to in subparagraph (A) in- the State of Nevada accept all special use and’’ and inserting a semicolon; cludes— permits applicable, as of the date of enact- (iii) in subparagraph (I), by striking the pe- ‘‘(I) the approximately 1,936 acres of land ment of the Water Resources Development riod at the end and inserting a semicolon; administered by the California Tahoe Con- Act of 2016, to the land described in subpara- and servancy and identified on the Maps as graph (B)(ii) for the duration of the special (iv) by adding at the end the following: ‘Tahoe Conservancy to the USFS’; and use permits, and subject to the terms and ‘‘(J) environmental impacts on the Long ‘‘(II) the approximately 183 acres of land conditions of the special use permits. Island Sound watershed, including— administered by California State Parks and ‘‘(4) AUTHORIZATION FOR CONVEYANCE OF ‘‘(i) the identification and assessment of identified on the Maps as ‘Total USFS to FOREST SERVICE URBAN LOTS.— vulnerabilities in the watershed; California’. ‘‘(A) CONVEYANCE AUTHORITY.—Except in ‘‘(ii) the development and implementation ‘‘(ii) FEDERAL LAND.—The Federal land re- the case of land described in paragraphs (2) of adaptation strategies to reduce those ferred to in subparagraph (A) includes the and (3), the Secretary of Agriculture may vulnerabilities; and approximately 1,995 acres of Forest Service convey any urban lot within the Lake Tahoe ‘‘(iii) the identification and assessment of land identified on the Maps as ‘U.S. Forest Basin under the administrative jurisdiction the impacts of sea level rise on water qual- Service to Conservancy and State Parks’. of the Forest Service. ity, habitat, and infrastructure; and ‘‘(C) CONDITIONS.—Any land conveyed ‘‘(B) CONSIDERATION.—A conveyance under ‘‘(K) planning initiatives for Long Island under this paragraph shall— subparagraph (A) shall require consideration Sound that identify the areas that are most

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suitable for various types or classes of ac- the Long Island Sound watershed, includ- (4) EFFECTIVE DATE.—The amendments tivities in order to reduce conflicts among ing— made by this subsection take effect on Octo- uses, reduce adverse environmental impacts, ‘‘(1) an interagency crosscut budget that ber 1, 2011. facilitate compatible uses, or preserve crit- displays for each department and agency— SEC. 7632. REAUTHORIZATION. ical ecosystem services to meet economic, ‘‘(A) the amount obligated during the pre- (a) IN GENERAL.—There are authorized to environmental, security, or social objec- ceding fiscal year for protection and restora- be appropriated to the Administrator such tives;’’; tion projects and studies relating to the wa- sums as are necessary for each of fiscal years (C) by striking paragraph (4) and inserting tershed; 2017 through 2021 for the implementation of— the following: ‘‘(B) the estimated budget for the current (1) section 119 of the Federal Water Pollu- ‘‘(4) develop and implement strategies to fiscal year for protection and restoration tion Control Act (33 U.S.C. 1269), other than increase public education and awareness projects and studies relating to the water- subsection (d) of that section; and with respect to the ecological health and shed; and (2) the Long Island Sound Stewardship Act water quality conditions of Long Island ‘‘(C) the proposed budget for succeeding of 2006 (33 U.S.C. 1269 note; Public Law 109– Sound;’’; fiscal years for protection and restoration 359). (D) in paragraph (5), by inserting ‘‘study’’ projects and studies relating to the water- (b) LONG ISLAND SOUND GRANTS.—There is after ‘‘conference’’; shed; and authorized to be appropriated to the Admin- (E) in paragraph (6)— ‘‘(2) a summary of any proposed modifica- istrator to carry out section 119(d) of the (i) by inserting ‘‘(including on the Inter- tions to the Long Island Sound Comprehen- Federal Water Pollution Control Act (33 net)’’ after ‘‘the public’’; and sive Conservation and Management Plan for U.S.C. 1269(d)) $40,000,000 for each of fiscal (ii) by inserting ‘‘study’’ after ‘‘con- the following fiscal year. years 2017 through 2021. ference’’; and (c) LONG ISLAND SOUND STEWARDSHIP (F) by striking paragraph (7) and inserting ‘‘(h) FEDERAL ENTITIES.— GRANTS.—There is authorized to be appro- the following: ‘‘(1) COORDINATION.—The Administrator priated to the Administrator to carry out ‘‘(7) monitor the progress made toward shall coordinate the actions of all Federal the Long Island Sound Stewardship Act of meeting the identified goals, actions, and departments and agencies that impact water 2006 (33 U.S.C. 1269 note; Public Law 109–359) schedules of the Comprehensive Conserva- quality in the Long Island Sound watershed $25,000,000 for each of fiscal years 2017 tion and Management Plan, including in order to improve the water quality and through 2021. through the implementation and support of a living resources of the watershed. PART IV—DELAWARE RIVER BASIN monitoring system for the ecological health ‘‘(2) METHODS.—In carrying out this sec- CONSERVATION and water quality conditions of Long Island tion, the Administrator, acting through the SEC. 7641. FINDINGS. Sound; and’’; Director of the Office, may— Congress finds that— (3) in subsection (d)(3), in the second sen- ‘‘(A) enter into interagency agreements; (1) the Delaware River Basin is a national tence, by striking ‘‘50 per centum’’ and in- and treasure of great cultural, environmental, serting ‘‘60 percent’’; ‘‘(B) make intergovernmental personnel ecological, and economic importance; (4) by redesignating subsection (f) as sub- appointments. (2) the Basin contains over 12,500 square section (i); and ‘‘(3) FEDERAL PARTICIPATION IN WATERSHED miles of land in the States of Delaware, New (5) by inserting after subsection (e) the fol- PLANNING.—A Federal department or agency Jersey, New York, and Pennsylvania, includ- lowing: that owns or occupies real property, or car- ing nearly 800 square miles of bay and more ‘‘(f) REPORT.— ries out activities, within the Long Island than 2,000 tributary rivers and streams; ‘‘(1) IN GENERAL.—Not later than 2 years Sound watershed shall participate in re- (3) the Basin is home to more than 8,000,000 after the date of enactment of the Water Re- gional and subwatershed planning, protec- people who depend on the Delaware River sources Development Act of 2016, and bienni- tion, and restoration activities with respect and the Delaware Bay as an economic en- ally thereafter, the Director of the Office, in to the watershed. gine, a place of recreation, and a vital habi- consultation with the Governor of each Long ‘‘(4) CONSISTENCY WITH COMPREHENSIVE CON- tat for fish and wildlife; Island Sound State, shall submit to Congress SERVATION AND MANAGEMENT PLAN.—To the (4) the Basin provides clean drinking water a report that— maximum extent practicable, the head of to more than 15,000,000 people, including New ‘‘(A) summarizes and assesses the progress each Federal department and agency that York City, which relies on the Basin for ap- made by the Office and the Long Island owns or occupies real property, or carries proximately half of the drinking water sup- Sound States in implementing the Long Is- out activities, within the Long Island Sound ply of the city, and Philadelphia, whose most land Sound Comprehensive Conservation and watershed shall ensure that the property and significant threat to the drinking water sup- Management Plan, including an assessment all activities carried out by the department ply of the city is loss of forests and other of the progress made toward meeting the or agency are consistent with the Long Is- natural cover in the Upper Basin, according performance goals and milestones contained land Sound Comprehensive Conservation and to a study conducted by the Philadelphia in the Plan; Management Plan (including any related Water Department; ‘‘(B) assesses the key ecological attributes subsequent agreements and plans).’’. (5) the Basin contributes $25,000,000,000 an- nually in economic activity, provides that reflect the health of the ecosystem of (b) LONG ISLAND SOUND STEWARDSHIP PRO- $21,000,000,000 in ecosystem goods and serv- the Long Island Sound watershed; GRAM.— ices per year, and is directly or indirectly re- ‘‘(C) describes any substantive modifica- (1) LONG ISLAND SOUND STEWARDSHIP ADVI- sponsible for 600,000 jobs with $10,000,000,000 tions to the Long Island Sound Comprehen- SORY COMMITTEE.—Section 8 of the Long Is- in annual wages; sive Conservation and Management Plan land Sound Stewardship Act of 2006 (33 U.S.C. (6) almost 180 species of fish and wildlife made during the 2-year period preceding the 1269 note; Public Law 109–359) is amended— are considered special status species in the date of submission of the report; (A) in subsection (g), by striking ‘‘2011’’ Basin due to habitat loss and degradation, ‘‘(D) provides specific recommendations to and inserting ‘‘2021’’; and particularly sturgeon, eastern oyster, horse- improve progress in restoring and protecting (B) by adding at the end the following: the Long Island Sound watershed, including, shoe crabs, and red knots, which have been as appropriate, proposed modifications to the ‘‘(h) NONAPPLICABILITY OF FACA.—The identified as unique species in need of habi- Long Island Sound Comprehensive Conserva- Federal Advisory Committee Act (5 U.S.C. tat improvement; tion and Management Plan; App.) shall not apply to— (7) the Basin provides habitat for over 200 ‘‘(E) identifies priority actions for imple- ‘‘(1) the Advisory Committee; or resident and migrant fish species, includes mentation of the Long Island Sound Com- ‘‘(2) any board, committee, or other group significant recreational fisheries, and is an prehensive Conservation and Management established under this Act.’’. important source of eastern oyster, blue Plan for the 2-year period following the date (2) REPORTS.—Section 9(b)(1) of the Long crab, and the largest population of the Amer- of submission of the report; and Island Sound Stewardship Act of 2006 (33 ican horseshoe crab; ‘‘(F) describes the means by which Federal U.S.C. 1269 note; Public Law 109–359) is (8) the annual dockside value of commer- funding and actions will be coordinated with amended in the matter preceding subpara- cial eastern oyster fishery landings for the the actions of the Long Island Sound States graph (A) by striking ‘‘2011’’ and inserting Delaware Estuary is nearly $4,000,000, mak- and other entities. ‘‘2021’’. ing it the fourth most lucrative fishery in ‘‘(2) PUBLIC AVAILABILITY.—The Adminis- (3) AUTHORIZATION.—Section 11 of the Long the Delaware River Basin watershed, and trator shall make the report described in Island Sound Stewardship Act of 2006 (33 proven management strategies are available paragraph (1) available to the public, includ- U.S.C. 1269 note; Public Law 109–359) is to increase oyster habitat, abundance, and ing on the Internet. amended— harvest; ‘‘(g) ANNUAL BUDGET PLAN.—The President (A) by striking subsection (a); (9) the Delaware Bay has the second larg- shall submit, together with the annual budg- (B) by redesignating subsections (b) est concentration of shorebirds in North et of the United States Government sub- through (d) as subsections (a) through (c), re- America and is designated as one of the 4 mitted under section 1105(a) of title 31, spectively; and most important shorebird migration sites in United States Code, information regarding (C) in subsection (a) (as so redesignated), the world; each Federal department and agency in- by striking ‘‘under this section each’’ and in- (10) the Basin, 50 percent of which is for- volved in the protection and restoration of serting ‘‘to carry out this Act for a’’. ested, also has over 700,000 acres of wetland,

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more than 126,000 acres of which are recog- (1) BASIN.—The term ‘‘Basin’’ means the 4- (4) the Delaware River Basin Commission; nized as internationally important, resulting State Delaware Basin region, including all of (5) fish and wildlife joint venture partner- in a landscape that provides essential eco- Delaware Bay and portions of the States of ships; and system services, including recreation, com- Delaware, New Jersey, New York, and Penn- (6) other public agencies and organizations mercial, and water quality benefits; sylvania located in the Delaware River wa- with authority for the planning and imple- (11) much of the remaining exemplary nat- tershed. mentation of conservation strategies in the ural landscape in the Basin is vulnerable to (2) BASIN STATE.—The term ‘‘Basin State’’ Basin. further degradation, as the Basin gains ap- means each of the States of Delaware, New (d) PURPOSES.—The purposes of the pro- proximately 10 square miles of developed Jersey, New York, and Pennsylvania. gram include— land annually, and with new development, (3) DIRECTOR.—The term ‘‘Director’’ means (1) coordinating restoration and protection urban watersheds are increasingly covered the Director of the United States Fish and activities among Federal, State, local, and by impervious surfaces, amplifying the quan- Wildlife Service. regional entities and conservation partners tity of polluted runoff into rivers and (4) FOUNDATION.—The term ‘‘Foundation’’ throughout the Basin; and streams; means the National Fish and Wildlife Foun- (2) carrying out coordinated restoration (12) the Delaware River is the longest dation, a congressionally chartered founda- and protection activities, and providing for undammed river east of the Mississippi; a tion established by section 2 of the National technical assistance throughout the Basin critical component of the National Wild and Fish and Wildlife Foundation Establishment and Basin States— Scenic Rivers System in the Northeast, with Act (16 U.S.C. 3701). (A) to sustain and enhance fish and wildlife more than 400 miles designated; home to one (5) GRANT PROGRAM.—The term ‘‘grant pro- habitat restoration and protection activities; of the most heavily visited National Park gram’’ means the voluntary Delaware River (B) to improve and maintain water quality units in the United States, the Delaware Basin Restoration Grant Program estab- to support fish and wildlife, as well as the Water Gap National Recreation Area; and lished under section 7644. habitats of fish and wildlife, and drinking the location of 6 National Wildlife Refuges; (6) PROGRAM.—The term ‘‘program’’ means water for people; (13) the Delaware River supports an inter- the nonregulatory Delaware River Basin res- (C) to sustain and enhance water manage- nationally renowned cold water fishery in toration program established under section ment for volume and flood damage mitiga- more than 80 miles of its northern head- 7643. tion improvements to benefit fish and wild- waters that attracts tens of thousands of (7) RESTORATION AND PROTECTION.—The life habitat; visitors each year and generates over term ‘‘restoration and protection’’ means (D) to improve opportunities for public ac- $21,000,000 in annual revenue through tour- the conservation, stewardship, and enhance- cess and recreation in the Basin consistent ism and recreational activities; ment of habitat for fish and wildlife to pre- with the ecological needs of fish and wildlife (14) management of water volume in the serve and improve ecosystems and ecological habitat; Basin is critical to flood mitigation and processes on which they depend, and for use (E) to facilitate strategic planning to habitat for fish and wildlife, and following 3 and enjoyment by the public. maximize the resilience of natural systems major floods along the Delaware River since (8) SECRETARY.—The term ‘‘Secretary’’ and habitats under changing watershed con- 2004, the Governors of the States of Dela- means the Secretary of the Interior, acting ditions; ware, New Jersey, New York, and Pennsyl- through the Director. (F) to engage the public through outreach, vania have called for natural flood damage (9) SERVICE.—The term ‘‘Service’’ means education, and citizen involvement, to in- reduction measures to combat the problem, the United States Fish and Wildlife Service. crease capacity and support for coordinated including restoring the function of riparian SEC. 7643. PROGRAM ESTABLISHMENT. restoration and protection activities in the corridors; (a) ESTABLISHMENT.—Not later than 180 Basin; (15) the Delaware River Port Complex (in- days after the date of enactment of this Act, (G) to increase scientific capacity to sup- cluding docking facilities in the States of the Secretary shall establish a nonregula- port the planning, monitoring, and research Delaware, New Jersey, and Pennsylvania) is tory program to be known as the ‘‘Delaware activities necessary to carry out coordinated one of the largest freshwater ports in the River Basin restoration program’’. restoration and protection activities; and world, the Port of Philadelphia handles the (b) DUTIES.—In carrying out the program, (H) to provide technical assistance to carry largest volume of international tonnage and the Secretary shall— out restoration and protection activities in 70 percent of the oil shipped to the East (1) draw on existing and new management the Basin. Coast, and the Port of Wilmington, a full- plans for the Basin, or portions of the Basin, SEC. 7644. GRANTS AND ASSISTANCE. service deepwater port and marine terminal and work in consultation with applicable (a) DELAWARE RIVER BASIN RESTORATION supporting more than 12,000 jobs, is the busi- management entities, including representa- GRANT PROGRAM.—To the extent that funds est terminal on the Delaware River, handling tives of the Partnership for the Delaware Es- are available to carry out this section, the more than 400 vessels per year with an an- tuary, the Delaware River Basin Commis- Secretary shall establish a voluntary grant nual import/export cargo tonnage of more sion, the Federal Government, and other and technical assistance program to be than 4,000,000 tons; State and local governments, and regional known as the ‘‘Delaware River Basin Res- (16) the Delaware Estuary, where fresh- and nonprofit organizations, as appropriate, toration Grant Program’’ to provide com- water from the Delaware River mixes with to identify, prioritize, and implement res- petitive matching grants of varying amounts saltwater from the Atlantic Ocean, is one of toration and protection activities within the to State and local governments, nonprofit the largest and most complex of the 28 estu- Basin; organizations, institutions of higher edu- aries in the National Estuary Program, and (2) adopt a Basinwide strategy that— cation, and other eligible entities to carry the Partnership for the Delaware Estuary (A) supports the implementation of a out activities described in section 7643(d). works to improve the environmental health shared set of science-based restoration and (b) CRITERIA.—The Secretary, in consulta- of the Delaware Estuary; protection activities developed in accordance tion with the organizations described in sec- (17) the Delaware River Basin Commission with paragraph (1); tion 7643(c), shall develop criteria for the is a Federal-interstate compact government (B) targets cost-effective projects with grant program to help ensure that activities agency charged with overseeing a unified ap- measurable results; and funded under this section accomplish one or proach to managing the river system and im- (C) maximizes conservation outcomes with more of the purposes identified in section plementing important water resources man- no net gain of Federal full-time equivalent 7643(d)(2) and advance the implementation of agement projects and activities throughout employees; and priority actions or needs identified in the the Basin that are in the national interest; (3) establish the voluntary grant and tech- Basinwide strategy adopted under section (18) restoration activities in the Basin are nical assistance programs in accordance with 7643(b)(2). supported through several Federal and State section 7644. (c) COST SHARING.— agency programs, and funding for those im- (c) COORDINATION.—In establishing the pro- (1) FEDERAL SHARE.—The Federal share of portant programs should continue and com- gram, the Secretary shall consult, as appro- the cost of a project funded under the grant plement the establishment of the Delaware priate, with— program shall not exceed 50 percent of the River Basin Restoration Program, which is (1) the heads of Federal agencies, includ- total cost of the activity, as determined by intended to build on and help coordinate res- ing— the Secretary. toration and protection funding mechanisms (A) the Administrator; (2) NON-FEDERAL SHARE.—The non-Federal at the Federal, State, regional, and local lev- (B) the Administrator of the National Oce- share of the cost of a project funded under els; and anic and Atmospheric Administration; the grant program may be provided in cash (19) the existing and ongoing voluntary (C) the Chief of the Natural Resources Con- or in the form of an in-kind contribution of conservation efforts in the Delaware River servation Service; services or materials. Basin necessitate improved efficiency and (D) the Chief of Engineers; and (d) ADMINISTRATION.— cost effectiveness, as well as increased pri- (E) the head of any other applicable agen- (1) IN GENERAL.—The Secretary may enter vate-sector investments and coordination of cy; into an agreement to manage the grant pro- Federal and non-Federal resources. (2) the Governors of the Basin States; gram with the National Fish and Wildlife SEC. 7642. DEFINITIONS. (3) the Partnership for the Delaware Estu- Foundation or a similar organization that In this part: ary; offers grant management services.

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(2) FUNDING.—If the Secretary enters into State, determines to be at least as protective istrator makes a determination that the an agreement under paragraph (1), the orga- as the criteria described in clause (i). nonparticipating State lacks the capacity to nization selected shall— ‘‘(C) PERMIT REQUIREMENTS.—The Adminis- implement a permit program or other sys- (A) for each fiscal year, receive amounts to trator may approve under subparagraph tem of prior approval and conditions and carry out this section in an advance pay- (B)(ii) a State permit program or other sys- subject to the availability of appropriations, ment of the entire amount on October 1, or tem of prior approval and conditions that al- the Administrator may implement a permit as soon as practicable thereafter, of that fis- lows a State to include technical standards program to require each coal combustion re- cal year; for individual permits or conditions of ap- sidual unit located in the nonparticipating (B) invest and reinvest those amounts for proval that differ from the technical stand- State to achieve compliance with applicable the benefit of the grant program; and ards under part 257 of title 40, Code of Fed- criteria established by the Administrator (C) otherwise administer the grant pro- eral Regulations (or successor regulations), under part 257 of title 40, Code of Federal gram to support partnerships between the if, based on site-specific conditions, the tech- Regulations (or successor regulations). public and private sectors in accordance with nical standards established pursuant to an ‘‘(3) APPLICABILITY OF CRITERIA.—The ap- this part. approved State program or other system are plicable criteria for coal combustion residual (3) REQUIREMENTS.—If the Secretary enters at least as protective as the technical stand- units under part 257 of title 40, Code of Fed- into an agreement with the Foundation ards under that part. eral Regulations (or successor regulations), under paragraph (1), any amounts received ‘‘(D) WITHDRAWAL OF APPROVAL.— promulgated pursuant to sections 1008(a)(3) by the Foundation under this section shall ‘‘(i) PROGRAM REVIEW.—The Administrator and 4004(a), shall apply to each coal combus- be subject to the National Fish and Wildlife shall review programs or other systems ap- tion residual unit in a State unless— Foundation Establishment Act (16 U.S.C. proved under subparagraph (B)— ‘‘(A) a permit under a State permit pro- 3701 et seq.), excluding section 10(a) of that ‘‘(I) from time to time, but not less fre- gram or other system of prior approval and Act (16 U.S.C. 3709(a)). quently than once every 5 years; or conditions approved by the Administrator SEC. 7645. ANNUAL REPORTS. ‘‘(II) on request of any State. under paragraph (1)(B) is in effect; or Not later than 180 days after the date of ‘‘(ii) NOTIFICATION AND OPPORTUNITY FOR A ‘‘(B) a permit issued by the Administrator enactment of this Act and annually there- PUBLIC HEARING.—The Administrator shall in a State in which the Administrator is im- after, the Secretary shall submit to Congress provide to the relevant State notice and an plementing a permit program under para- a report on the implementation of this part, opportunity for a public hearing if the Ad- graph (2)(B) is in effect. including a description of each project that ministrator determines that— ‘‘(4) PROHIBITION ON OPEN DUMPING.— has received funding under this part. ‘‘(I) a revision or correction to the permit ‘‘(A) IN GENERAL.—Except as provided in program or other system of prior approval subparagraph (B)(i) and subject to subpara- SEC. 7646. AUTHORIZATION OF APPROPRIATIONS. and conditions of the State is required for graph (B)(ii), the Administrator may use the (a) IN GENERAL.—There is authorized to be appropriated to the Secretary to carry out the State to achieve compliance with the re- authority provided by sections 3007 and 3008 quirements of subparagraph (B); to enforce the prohibition against open this part $5,000,000 for each of fiscal years ‘‘(II) the State has not adopted and imple- dumping contained in subsection (a) with re- 2017 through 2022. mented an adequate permit program or other spect to a coal combustion residual unit. (b) USE.—Of any amount made available under this section for each fiscal year, the system of prior approval and conditions for ‘‘(B) FEDERAL ENFORCEMENT IN APPROVED Secretary shall use at least 75 percent to each coal combustion residual unit located STATE.— carry out the grant program under section in the State to ensure compliance with the ‘‘(i) IN GENERAL.—In the case of a coal com- 7644 and to provide, or provide for, technical requirements of subparagraph (B); or bustion residual unit located in a State that is approved to operate a permit program or assistance under that program. ‘‘(III) the State has, at any time, approved or failed to revoke a permit under this sub- other system of prior approval and condi- Subtitle G—Offset section that would lead to the violation of a tions under paragraph (1)(B), the Adminis- SEC. 7701. OFFSET. law to protect human health or the environ- trator may commence an administrative or None of the funds available to the Sec- ment of any other State. judicial enforcement action under section retary of Energy to provide any credit sub- ‘‘(iii) WITHDRAWAL.— 3008 if— sidy under subsection (d) of section 136 of the ‘‘(I) IN GENERAL.—The Administrator shall ‘‘(I) the State requests that the Adminis- Energy Independence and Security Act of withdraw approval of a State permit pro- trator provide assistance in the performance 2007 (42 U.S.C. 17013) as of the date of enact- gram or other system of prior approval and of the enforcement action; or ment of this Act shall be obligated for new conditions if, after the Administrator pro- ‘‘(II) after consideration of any other ad- loan commitments under that subsection on vides notice and an opportunity for a public ministrative or judicial enforcement action or after October 1, 2020. hearing to the relevant State under clause involving the coal combustion residual unit, TITLE VIII—MISCELLANEOUS PROVISIONS (ii), the Administrator determines that the the Administrator determines that an en- SEC. 8001. APPROVAL OF STATE PROGRAMS FOR State has not corrected the deficiency. forcement action is likely to be necessary to CONTROL OF COAL COMBUSTION ‘‘(II) REINSTATEMENT OF STATE APPROVAL.— ensure that the coal combustion residual RESIDUALS. Any withdrawal of approval under subclause unit is operating in accordance with the cri- Section 4005 of the Solid Waste Disposal (I) shall cease to be effective on the date on teria established under the permit program Act (42 U.S.C. 6945) is amended by adding at which the Administrator makes a determina- or other system of prior approval and condi- the end the following: tion that the State permit program or other tions. ‘‘(d) STATE PROGRAMS FOR CONTROL OF system of prior approval and conditions com- ‘‘(ii) NOTIFICATION.—In the case of an en- COAL COMBUSTION RESIDUALS.— plies with the requirements of subparagraph forcement action by the Administrator ‘‘(1) APPROVAL BY ADMINISTRATOR.— (B). under clause (i)(II), before issuing an order or ‘‘(A) IN GENERAL.—Each State may submit ‘‘(2) NONPARTICIPATING STATES.— commencing a civil action, the Adminis- to the Administrator, in such form as the ‘‘(A) DEFINITION OF NONPARTICIPATING trator shall notify the State in which the Administrator may establish, evidence of a STATE.—In this paragraph, the term ‘non- coal combustion residual unit is located. permit program or other system of prior ap- participating State’ means a State— ‘‘(iii) ANNUAL REPORT TO CONGRESS.—Not proval and conditions under State law for ‘‘(i) for which the Administrator has not later than December 31, 2017, and December regulation by the State of coal combustion approved a State permit program or other 31 of each year thereafter, the Administrator residual units that are located in the State system of prior approval and conditions shall submit to the Committee on Environ- in lieu of a Federal program under this sub- under paragraph (1)(B); ment and Public Works of the Senate and section. ‘‘(ii) the Governor of which has not sub- the Committee on Energy and Commerce of ‘‘(B) REQUIREMENT.—Not later than 90 days mitted to the Administrator for approval the House of Representatives a report that after the date on which a State submits the evidence to operate a State permit program describes any enforcement action com- evidence described in subparagraph (A), the or other system of prior approval and condi- menced under clause (i)(II), including a de- Administrator shall approve, in whole or in tions under paragraph (1)(A); scription of the basis for the enforcement ac- part, a permit program or other system of ‘‘(iii) the Governor of which has provided tion. prior approval and conditions submitted notice to the Administrator that, not fewer ‘‘(5) INDIAN COUNTRY.—The Administrator under subparagraph (A) if the Administrator than 90 days after the date on which the Gov- may establish and carry out a permit pro- determines that the program or other sys- ernor provides notice to the Administrator, gram, in accordance with this subsection, for tem requires each coal combustion residual the State relinquishes an approval under coal combustion residual units in Indian unit located in the State to achieve compli- paragraph (1)(B) to operate a permit program country (as defined in section 1151 of title 18, ance with— or other system of prior approval and condi- United States Code) to require each coal ‘‘(i) the applicable criteria for coal com- tions; or combustion residual unit located in Indian bustion residual units under part 257 of title ‘‘(iv) for which the Administrator has country to achieve compliance with the ap- 40, Code of Federal Regulations (or successor withdrawn approval for a permit program or plicable criteria established by the Adminis- regulations), promulgated pursuant to sec- other system of prior approval and condi- trator under part 257 of title 40, Code of Fed- tions 1008(a)(3) and 4004(a); or tions under paragraph (1)(D)(iii). eral Regulations (or successor regulations). ‘‘(ii) such other State criteria that the Ad- ‘‘(B) PERMIT PROGRAM.—In the case of a ‘‘(6) TREATMENT OF COAL COMBUSTION RESID- ministrator, after consultation with the nonparticipating State for which the Admin- UAL UNITS.—A coal combustion residual unit

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5415 shall be considered to be a sanitary landfill striction on alienation or held by the United (iv) the 98th Meridian to the west; and for purposes of subsection (a) only if the coal States in trust for the benefit of an allottee. (B) the area depicted in Exhibit 1 to the combustion residual unit is operating in ac- (5) ALLOTTEE.—The term ‘‘allottee’’ means Settlement Agreement and generally includ- cordance with— an enrolled member of the Choctaw Nation ing the following counties, or portions of, in ‘‘(A) the requirements established pursu- or citizen of the Chickasaw Nation who, or the State: ant to a program for which an approval is whose estate, holds an interest in an allot- (i) Atoka. provided by— ment. (ii) Bryan. ‘‘(i) the State in accordance with a pro- (6) AMENDED PERMIT APPLICATION.—The (iii) Carter. gram or system approved under paragraph term ‘‘amended permit application’’ means (iv) Choctaw. (1)(B); or the permit application of the City to the (v) Coal. ‘‘(ii) the Administrator pursuant to para- OWRB, No. 2007–17, as amended as provided (vi) Garvin. graph (2)(B) or paragraph (5); or by the Settlement Agreement. (vii) Grady. ‘‘(B) the applicable criteria for coal com- (7) AMENDED STORAGE CONTRACT TRANSFER (viii) McClain. bustion residual units under part 257 of title AGREEMENT; AMENDED STORAGE CONTRACT .— (ix) Murray. 40, Code of Federal Regulations (or successor The terms ‘‘amended storage contract trans- (x) Haskell. regulations), promulgated pursuant to sec- fer agreement’’ and ‘‘amended storage con- (xi) Hughes. tions 1008(a)(3) and 4004(a). tract’’ mean the 2010 Agreement between the (xii) Jefferson. ‘‘(7) EFFECT OF SUBSECTION.—Nothing in City, the Trust, and the OWRB, as amended, (xiii) Johnston. this subsection affects any authority, regu- as provided by the Settlement Agreement (xiv) Latimer. latory determination, other law, or legal ob- and this section. (xv) LeFlore. ligation in effect on the day before the date (8) ATOKA AND SARDIS CONSERVATION (xvi) Love. of enactment of the Water Resources Devel- PROJECTS FUND.—The term ‘‘Atoka and Sar- (xvii) Marshall. opment Act of 2016.’’. dis Conservation Projects Fund’’ means the (xviii) McCurtain. Atoka and Sardis Conservation Projects (xix) Pittsburgh. SEC. 8002. CHOCTAW NATION OF OKLAHOMA AND Fund established, funded, and managed in (xx) Pontotoc. THE CHICKASAW NATION WATER SETTLEMENT. accordance with the Settlement Agreement. (xxi) Pushmataha. (9) CITY.—The term ‘‘City’’ means the City (xxii) Stephens. (a) PURPOSES.—The purposes of this section of Oklahoma City, or the City and the Trust (19) SETTLEMENT AREA WATERS.—The term are— acting jointly, as applicable. ‘‘settlement area waters’’ means the waters (1) to permanently resolve and settle those (10) CITY PERMIT.—The term ‘‘City permit’’ located— claims to Settlement Area Waters of the means any permit issued to the City by the (A) within the settlement area; and Choctaw Nation of Oklahoma and the Chick- OWRB pursuant to the amended permit ap- (B) within a basin depicted in Exhibit 10 to asaw Nation as set forth in the Settlement plication and consistent with the Settlement the Settlement Agreement, including any of Agreement and this section, including all Agreement. the following basins as denominated in the claims or defenses in and to Chickasaw Na- (11) CONSERVATION STORAGE CAPACITY.—The 2012 Update of the Oklahoma Comprehensive tion, Choctaw Nation v. Fallin et al., CIV 11– term ‘‘conservation storage capacity’’ means Water Plan: 927 (W.D. Ok.), OWRB v. United States, et al. the total storage space as stated in the 1974 (i) Beaver Creek (24, 25, and 26). CIV 12–275 (W.D. Ok.), or any future stream storage contract in Sardis Lake between ele- (ii) Blue (11 and 12). adjudication; vations 599.0 feet above mean sea level and (iii) Clear Boggy (9). (2) to approve, ratify, and confirm the Set- 542.0 feet above mean sea level, which is esti- (iv) Kiamichi (5 and 6). tlement Agreement; mated to contain 297,200 acre-feet of water (v) Lower Arkansas (46 and 47). (3) to authorize and direct the Secretary of after adjustment for sediment deposits, and (vi) Lower Canadian (48, 56, 57, and 58). the Interior to execute the Settlement which may be used for municipal and indus- (vii) Lower Little (2). Agreement and to perform all obligations of trial water supply, fish and wildlife, and (viii) Lower Washita (14). the Secretary of the Interior under the Set- recreation. (ix) Mountain Fork (4). tlement Agreement and this section; (12) ENFORCEABILITY DATE .—The term ‘‘en- (x) Middle Washita (15 and 16). (4) to approve, ratify, and confirm the forceability date’’ means the date on which (xi) Mud Creek (23). amended storage contract among the State, the Secretary of the Interior publishes in the (xii) Muddy Boggy (7 and 8). the City and the Trust; Federal Register a notice certifying that the (xiii) Poteau (44 and 45). (5) to authorize and direct the Secretary to conditions of subsection (i) have been satis- (xiv) Red River Mainstem (1, 10, 13, and 21) approve the amended storage contract and fied. (xv) Upper Little (3). obligations for the Corps of Engineers to per- (13) FUTURE USE STORAGE.—The term ‘‘fu- (xvi) Walnut Bayou (22). form all obligations under the 1974 storage ture use storage’’ means that portion of the (20) STATE.—The term ‘‘State’’ means the contract, the amended storage contract, and conservation storage capacity that was des- State of Oklahoma. this section; and ignated by the 1974 Contract to be utilized (21) TRUST.—The term ‘‘Trust’’ means the (6) to authorize all actions necessary for for future water use storage and was esti- Oklahoma City Water Utilities Trust, for- the United States to meet its obligations mated to contain 155,500 acre feet of water merly known as the Oklahoma City Munic- under the Settlement Agreement, the after adjustment for sediment deposits, or ipal Improvement Authority. amended storage contract, and this section. 52.322 percent of the conservation storage ca- (c) APPROVAL OF THE SETTLEMENT AGREE- (b) DEFINITIONS.—In this section: pacity. MENT.— (1) 1974 STORAGE CONTRACT.—The term (14) NATIONS.—The term ‘‘Nations’’ means (1) RATIFICATION.— ‘‘1974 storage contract’’ means the contract the Choctaw Nation and the Chickasaw Na- (A) IN GENERAL.—Except as modified by entered into on February 16, 1974, between tion. this section, and to the extent the Settle- the Secretary and the Water Conservation (15) OWRB.—The term ‘‘OWRB’’ means the ment Agreement does not conflict with this Storage Commission of the State of Okla- Oklahoma Water Resources Board. section, the Settlement Agreement is au- homa pursuant to section 301 of the Water (16) SARDIS LAKE.—The term ‘‘Sardis Lake’’ thorized, ratified, and confirmed. Supply Act of 1958 (43 U.S.C. 390b), and other means the reservoir, formerly known as (B) AMENDMENTS.—If an amendment is exe- applicable Federal law. Clayton Lake, whose dam is located in Sec- cuted to make the Settlement Agreement (2) 2010 AGREEMENT.—The term ‘‘2010 agree- tion 19, Township 2 North, Range 19 East of consistent with this section, the amendment ment’’ means the agreement entered into the Indian Meridian, Pushmataha County, is also authorized, ratified and confirmed to among the OWRB and the Trust, dated June Oklahoma, the construction, operation, and the extent the amendment is consistent with 15, 2010, relating to the assignment by the maintenance of which was authorized by sec- this section. State of the 1974 storage contract and trans- tion 203 of the Flood Control Act of 1962 (2) EXECUTION OF SETTLEMENT AGREE- fer of rights, title, interests, and obligations (Public Law 87–874; 76 Stat. 1187). MENT.— under that contract to the Trust, including (17) SETTLEMENT AGREEMENT.—The term (A) IN GENERAL.—To the extent the Settle- the interests of the State in the conservation ‘‘Settlement Agreement’’ means the settle- ment Agreement does not conflict with this storage capacity and associated repayment ment agreement as approved by the Nations, section, the Secretary of the Interior shall obligations to the United States. the State, the City, and the Trust effective promptly execute the Settlement Agree- (3) ADMINISTRATIVE SET-ASIDE SUB- August 22, 2016, as revised to conform with ment, including all exhibits to or parts of CONTRACTS.—The term ‘‘administrative set- this section, as applicable. the Settlement Agreement requiring the sig- aside subcontracts’’ means the subcontracts (18) SETTLEMENT AREA.—The term ‘‘settle- nature of the Secretary of the Interior and the City shall issue for the use of Conserva- ment area’’ means— any amendments necessary to make the Set- tion Storage Capacity in Sardis Lake as pro- (A) the area lying between— tlement Agreement consistent with this sec- vided by the amended storage contract and (i) the South Canadian River and Arkansas tion. the Settlement Agreement. River to the north; (B) NOT A MAJOR FEDERAL ACTION.—Execu- (4) ALLOTMENT.—The term ‘‘allotment’’ (ii) the Red River to the south; tion of the Settlement Agreement by the means the land within the Settlement Area (iii) the Oklahoma–Arkansas State line to Secretary of the Interior under this sub- held by an allottee subject to a statutory re- the east; and section shall not constitute a major Federal

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action under the National Environmental (i) IN GENERAL.—The amended storage con- (i) IN GENERAL.—An allottee may divert Policy Act of 1969 (42 U.S.C. 4321 et seq.). tract, the approval of the Secretary of the and use, on the allotment of the allottee, 6 (d) APPROVAL OF THE AMENDED STORAGE amended storage contract, and the waiver of acre-feet per year of surface water per 160 CONTRACT AND 1974 STORAGE CONTRACT.— future use storage under paragraph (5)— acres, to be used solely for domestic uses on (1) RATIFICATION.— (I) are consistent with the authorized pur- an allotment that constitutes riparian land (A) IN GENERAL.—Except to the extent any poses for Sardis Lake and do not affect the under applicable State law as of the date of provision of the amended storage contract authorized purposes for the project under enactment of this Act. conflicts with any provision of this section, section 203 of the Flood Control Act of 1962 (ii) EFFECT OF STATE LAW.—The use of sur- the amended storage contract is authorized, (Public Law 87–874; 76 Stat. 1187) and section face water described in clause (i) shall be ratified, and confirmed. 301(e) of the Water Supply Act of 1958 (43 subject to all rights and protections of State U.S.C. 390b(e)); and law, as of the date of enactment of this Act, (B) 1974 STORAGE CONTRACT.—To the extent the amended storage contract, as authorized, (II) shall not constitute a reallocation of including all protections against loss for ratified, and confirmed, modifies or amends storage. nonuse. the 1974 storage contract, the modification (ii) CHANGES AND MODIFICATIONS.—To the (iii) NO PERMIT REQUIRED.—An allottee may or amendment to the 1974 storage contract is extent subclause (I) or (II) of clause (i) could divert water under this subsection without a be construed otherwise, any necessary permit or any other authorization from the authorized, ratified, and confirmed. changes or modifications are authorized, OWRB. (C) AMENDMENTS.—To the extent an ratified, and approved. (C) GROUNDWATER USE.— amendment is executed to make the amend- (B) NO MAJOR OPERATIONAL CHANGE.—The (i) IN GENERAL.—An allottee may drill ed storage contract consistent with this sec- amended storage contract, the approval of wells on the allotment of the allottee to take tion, the amendment is authorized, ratified, the Secretary of the amended storage con- and use for domestic uses the greater of— and confirmed. tract, and the waiver of future use storage (I) 5 acre-feet per year; or (2) APPROVAL BY THE SECRETARY.—After under paragraph (5) shall not constitute a (II) any greater quantity allowed under the State and the City execute the amended major operational change under section State law. storage contract, the Secretary shall ap- 301(e) of the Water Supply Act of 1958 (43 (ii) EFFECT OF STATE LAW.—The ground- prove the amended storage contract. U.S.C. 390b(e)), and to the extent those docu- water use described in clause (i) shall be sub- (3) MODIFICATION OF SEPTEMBER 11, 2009, ments and actions could be so construed, any ject to all rights and protections of State ORDER IN UNITED STATES V. OKLAHOMA WATER necessary change is authorized, ratified and law, as of the date of enactment of this Act, RESOURCES BOARD, CIV 98–00521 (N.D. OK).—The approved without any further action by the including all protections against loss for Secretary, through counsel, shall cooperate Corps of Engineers. nonuse. and work with the State to file any motion (7) NO FURTHER AUTHORIZATION REQUIRED.— (iii) NO PERMIT REQUIRED.—An allottee may and proposed order to modify or amend the This section shall be considered sufficient drill wells and use water under this sub- order of the United States District Court for and complete authorization, without further section without a permit or any other au- the Northern District of Oklahoma dated study or analysis, for— thorization from the OWRB. September 11, 2009, necessary to conform the (A) the Secretary to approve the amended (D) FUTURE CHANGES IN STATE LAW.— order to the amended storage contract trans- storage contract; and (i) IN GENERAL.—If State law changes to fer agreement, the Settlement Agreement, (B) after approval under subparagraph (A), limit use of water to a quantity that is less and this section. the Corps of Engineers to manage storage in than the applicable quantity specified in (4) CONSERVATION STORAGE CAPACITY.—The Sardis Lake pursuant to and in accordance subparagraph (B) or (C), as applicable, an al- allocation of the use of the conservation with the 1974 storage contract, the amended lottee shall retain the right to use water in storage capacity in Sardis Lake for adminis- storage contract, and the Settlement Agree- accord with those subparagraphs, subject to trative set-aside subcontracts, City water ment. paragraphs (6)(B)(iv) and (7). supply, and fish and wildlife and recreation (e) SETTLEMENT AREA WATERS.— (ii) OPPORTUNITY TO BE HEARD.—Prior to as provided by the amended storage contract (1) FINDINGS.—Congress finds that— taking any action to limit the use of water is authorized, ratified and approved. (A) pursuant to the Atoka Agreement as by an individual, the OWRB shall provide to (5) ACTIVATION; WAIVER.— ratified by section 29 of the Act of June 28, the individual an opportunity to dem- (A) FINDINGS.—Congress finds that— 1898 (30 Stat. 505, chapter 517) (as modified by onstrate that the individual is— (i) the earliest possible activation of any the Act of July 1, 1902 (32 Stat. 641, chapter (I) an allottee; and increment of future use storage in Sardis 1362)), the Nations issued patents to their re- (II) using water on the allotment pursuant Lake will not occur until after 2050; and spective tribal members and citizens and to and in accordance with the Settlement (ii) the obligation to make annual pay- thereby conveyed to individual Choctaws and Agreement and this section. ments for the Sardis future use storage oper- Chickasaws, all right, title, and interest in (6) ALLOTTEE OPTIONS FOR ADDITIONAL ation, maintenance and replacement costs, and to land that was possessed by the Na- WATER.— capital costs, or interest attributable to Sar- tions, other than certain mineral rights; and (A) IN GENERAL.—To use a quantity of dis future use storage only arises if, and only (B) when title passed from the Nations to water in excess of the quantities provided to the extent, that an increment of Sardis their respective tribal members and citizens, under paragraph (5), an allottee shall— future use storage is activated by with- the Nations did not convey and those indi- (i) file an action under subparagraph (B); drawal or release of water from the future viduals did not receive any right of regu- or use storage that is authorized by the user for latory or sovereign authority, including with (ii) apply to the OWRB for a permit pursu- a consumptive use of water. respect to water. ant to, and in accordance with, State law. (B) WAIVER OF OBLIGATIONS FOR STORAGE (2) PERMITTING, ALLOCATION, AND ADMINIS- (B) DETERMINATION IN FEDERAL DISTRICT THAT IS NOT ACTIVATED.—Notwithstanding TRATION OF SETTLEMENT AREA WATERS PURSU- COURT.— section 301 of the Water Supply Act of 1958 ANT TO THE SETTLEMENT AGREEMENT.—Begin- (i) IN GENERAL.—In lieu of applying to the (43 U.S.C. 390b), section 203 of the Flood Con- ning on the enforceability date, settlement OWRB for a permit to use more water than trol Act of 1962 (Public Law 87–874; 76 Stat. area waters shall be permitted, allocated, is allowed under paragraph (5), an allottee 1187), the 1974 storage contract, or any other and administered by the OWRB in accord- may, after written notice to the OWRB, file provision of law, effective as of January 1, ance with the Settlement Agreement and an action in the United States District Court 2050— this section. for the Western District of Oklahoma for de- (i) the entirety of any repayment obliga- (3) CHOCTAW NATION AND CHICKASAW NA- termination of the right to water of the al- tions (including interest), relating to that TION.—Beginning on the enforceability date, lottee. portion of conservation storage capacity al- the Nations shall have the right to use and (ii) JURISDICTION.—For purposes of this located by the 1974 storage contract to fu- to develop the right to use settlement area subsection— ture use storage in Sardis Lake is waived waters only in accordance with the Settle- (I) the United States District Court for the and shall be considered nonreimbursable; and ment Agreement and this section. Western District of Oklahoma shall have ju- (ii) any obligation of the State and, on exe- (4) WAIVER AND DELEGATION BY NATIONS.—In risdiction; and cution and approval of the amended storage addition to the waivers under subsection (h), (II) the waivers of immunity under sub- contract, of the City and the Trust, under the Nations, on their own behalf, shall per- paragraphs (A) and (B) of subsection (j)(2) the 1974 storage contract regarding capital manently delegate to the State any regu- shall apply. costs and any operation, maintenance, and latory authority each Nation may possess (iii) REQUIREMENTS.—An allottee filing an replacement costs and interest otherwise at- over water rights on allotments, which the action pursuant to this subparagraph shall— tributable to future use storage in Sardis State shall exercise in accordance with the (I) join the OWRB as a party; and Lake is waived and shall be nonreimburs- Settlement Agreement and this subsection. (II) publish notice in a newspaper of gen- able, if the right to future use storage is not (5) RIGHT TO USE WATER.— eral circulation within the Settlement Area exercised by January 1, 2050. (A) IN GENERAL.—An allottee may use Hydrologic Basin for 2 consecutive weeks, (6) CONSISTENT WITH AUTHORIZED PURPOSES; water on an allotment in accordance with with the first publication appearing not later NO MAJOR OPERATIONAL CHANGE.— the Settlement Agreement and this sub- than 30 days after the date on which the ac- (A) CONSISTENT WITH AUTHORIZED PUR- section. tion is filed. POSE.— (B) SURFACE WATER USE.— (iv) DETERMINATION FINAL.—

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(I) IN GENERAL.—Subject to subclause (II), (4) DUTIES.—The duties and authority of including McGee Creek, for the McGee Creek if an allottee elects to have the rights of the the Settlement Commission shall be set Reservoir; allottee determined pursuant to this sub- forth in the Settlement Agreement, and the (E) all claims that the State lacks regu- paragraph, the determination shall be final Settlement Commission shall not possess or latory authority over or OWRB jurisdiction as to any rights under Federal law and in exercise any duty or authority not stated in relating to Permit Numbers P80–48 and 54–613 lieu of any rights to use water on an allot- the Settlement Agreement. for water rights from the Muddy Boggy ment as provided in paragraph (5). (h) WAIVERS AND RELEASES OF CLAIMS.— River for Atoka Reservoir and P73–282D for (II) RESERVATION OF RIGHTS.—Subclause (I) (1) CLAIMS BY THE NATIONS AND THE UNITED water rights from the Muddy Boggy River, shall not preclude an allottee from— STATES AS TRUSTEE FOR THE NATIONS.—Sub- including McGee Creek, for the McGee Creek (aa) applying to the OWRB for water rights ject to the retention of rights and claims Reservoir; pursuant to State law; or provided in paragraph (2) and except to the (F) all claims to damages, losses or inju- (bb) using any rights allowed by State law extent that rights are recognized in the Set- ries to water rights or water, or claims of in- that do not require a permit from the OWRB. tlement Agreement or this section, the Na- terference with, diversion, storage, taking, (7) OWRB ADMINISTRATION AND ENFORCE- tions and the United States, acting as a or use of water (including claims for injury trustee for the Nations, shall execute a waiv- MENT.— to land resulting from such damages, losses, er and release of— (A) IN GENERAL.—If an allottee exercises injuries, interference with, diversion, stor- (A) all claims asserted or which could have any right under paragraph (5) or has rights age, taking, or use of water) attributable to been asserted in any proceeding filed or that determined under paragraph (6)(B), the the lawful exercise of Permit Numbers P80–48 could have been filed during the period end- OWRB shall have jurisdiction to administer and 54–613 for water rights from the Muddy ing on the enforceability date, including those rights. Boggy River for Atoka Reservoir and P73– (B) CHALLENGES.—An allottee may chal- Chickasaw Nation, Choctaw Nation v. Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. United 282D for water rights from the Muddy Boggy lenge OWRB administration of rights deter- River, including McGee Creek, for the McGee mined under this paragraph, in the United States, et al. CIV 12–275 (W.D. Ok.), or any general stream adjudication, including— Creek Reservoir, that accrued during the pe- States District Court for the Western Dis- riod ending on the enforceability date; and trict of Oklahoma. (i) claims to the ownership of water in the State; (G) all claims and objections relating to (8) PRIOR EXISTING STATE LAW RIGHTS.— the approval by the Secretary of the assign- Water rights held by an allottee as of the en- (ii) claims to water rights and rights to use water diverted or taken from a location ment of the 1974 storage contract pursuant forceability date pursuant to a permit issued to the amended storage contract. by the OWRB shall be governed by the terms within the State; (iii) claims to authority over the alloca- (2) RETENTION AND RESERVATION OF of that permit and applicable State law (in- tion and management of water and adminis- CLAIMS.— cluding regulations). tration of water rights, including authority (A) RESERVATION OF RIGHTS AND RETENTION (f) CITY PERMIT FOR APPROPRIATION OF over third-party ownership of or rights to OF CLAIMS BY NATIONS AND THE UNITED STREAM WATER FROM THE KIAMICHI RIVER.— use water diverted or taken from a location STATES.— The City permit shall be processed, evalu- within the State and ownership or use of (i) IN GENERAL.—Notwithstanding the waiv- ated, issued, and administered consistent water on allotments by allottees or any er and releases of claims authorized under with and in accordance with the Settlement other person using water on an allotment paragraph (1), the Nations and the United Agreement and this section. with the permission of an allottee; States, acting as trustee, shall retain— (g) SETTLEMENT COMMISSION.— (iv) claims that the State lacks authority (I) all claims for enforcement of the Settle- (1) ESTABLISHMENT.—There is established a over the allocation and management of ment Agreement and this section; Settlement Commission. water and administration of water rights, in- (II) all rights to use and protect any water (2) MEMBERS.— cluding authority over the ownership of or right of the Nations recognized by or estab- (A) IN GENERAL.—The Settlement Commis- rights to use water diverted or taken from a lished pursuant to the Settlement Agree- sion shall be comprised of 5 members, ap- location within the State; ment, including the right to assert claims pointed as follows: (v) any other claim relating to the owner- for injuries relating to the rights and the (i) 1 by the Governor of the State. ship of water, regulation of water, or author- right to participate in any general stream (ii) 1 by the Attorney General of the State. ized diversion, storage, or use of water di- adjudication, including any inter se pro- (iii) 1 by the Chief of the Choctaw Nation. verted or taken from a location within the ceeding; (iv) 1 by the Governor of the Chickasaw State, if the claim is based on the status of (III) all claims relating to activities affect- Nation. the Chickasaw Nation or the Choctaw Nation ing the quality of water that are not waived (v) 1 by agreement of the members de- as a federally recognized Indian tribe; and under paragraph (1)(A)(v), including any scribed in clauses (i) through (iv). (vi) claims or defenses asserted in Chicka- claims the Nations may have under— (B) JOINTLY APPOINTED MEMBER.—If the saw Nation, Choctaw Nation v. Fallin et al., (aa) the Comprehensive Environmental Re- members described in clauses (i) through (iv) CIV 11–927 (W.D. Ok.), OWRB v. United sponse, Compensation, and Liability Act of of subparagraph (A) do not agree on a mem- States, et al. CIV 12–275 (W.D. Ok.), or any 1980 (42 U.S.C. 9601 et seq.), including for ber appointed pursuant to subparagraph general stream adjudication; damages to natural resources; (A)(v)— (B) all claims for damages, losses or inju- (bb) the Safe Drinking Water Act (42 U.S.C. (i) the members shall submit to the Chief ries to water rights or water, or claims of in- 300f et seq.); Judge for the United States District Court terference with, diversion, storage, taking, (cc) the Federal Water Pollution Control for the Eastern District of Oklahoma, a list or use of water (including claims for injury Act (33 U.S.C. 1251 et seq.); and of not less than 3 persons; and to land resulting from the damages, losses, (dd) any regulations implementing the (ii) from the list under clause (i), the Chief injuries, interference with, diversion, stor- Acts described in items (aa) through (cc); Judge shall make the appointment. age, taking, or use of water) attributable to (IV) all claims relating to damage, loss, or (C) INITIAL APPOINTMENTS.—The initial ap- any action by the State, the OWRB, or any injury resulting from an unauthorized diver- pointments to the Settlement Commission water user authorized pursuant to State law sion, use, or storage of water, including dam- shall be made not later than 90 days after to take or use water in the State, including ages, losses, or injuries to land or nonwater the enforceability date. the City, that accrued during the period end- natural resources associated with any hunt- (3) MEMBER TERMS.— ing on the enforceability date; ing, fishing, gathering, or cultural right; and (A) IN GENERAL.—Each Settlement Com- (C) all claims and objections relating to (V) all rights, remedies, privileges, immu- mission member shall serve at the pleasure the amended permit application, and the nities, and powers not specifically waived of appointing authority. City permit, including— and released pursuant to this section or the (B) COMPENSATION.—A member of the Set- (i) all claims regarding regulatory control Settlement Agreement. tlement Commission shall serve without over or OWRB jurisdiction relating to the (ii) AGREEMENT.— compensation, but an appointing authority permit application and permit; and (I) IN GENERAL.—As provided in the Settle- may reimburse the member appointed by the (ii) all claims for damages, losses or inju- ment Agreement, the Chickasaw Nation entity for costs associated with service on ries to water rights or rights to use water, or shall convey an easement to the City, which the Settlement Commission. claims of interference with, diversion, stor- easement shall be as described and depicted (C) VACANCIES.—If a member of the Settle- age, taking, or use of water (including claims in Exhibit 15 to the Settlement Agreement. ment Commission is removed or resigns, the for injury to land resulting from the dam- (II) APPLICATION.—The Chickasaw Nation appointing authority shall appoint the re- ages, losses, injuries, interference with, di- and the City shall cooperate and coordinate placement member. version, storage, taking, or use of water) at- on the submission of an application for ap- (D) JOINTLY APPOINTED MEMBER.—The tributable to the issuance and lawful exer- proval by the Secretary of the Interior of the member of the Settlement Commission de- cise of the City permit; conveyance under subclause (I), in accord- scribed in paragraph (2)(A)(v) may be re- (D) all claims to regulatory control over ance with applicable Federal law. moved or replaced by a majority vote of the the Permit Numbers P80–48 and 54–613 of the (III) RECORDING.—On approval by the Sec- Settlement Commission based on a failure of City for water rights from the Muddy Boggy retary of the Interior of the conveyance of the member to carry out the duties of the River for Atoka Reservoir and P73–282D for the easement under this clause, the City member. water rights from the Muddy Boggy River, shall record the easement.

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(IV) CONSIDERATION.—In exchange for con- at the Oklahoma City offices of the OWRB; (ii) RIGHT TO BRING ACTION.—The Choctaw veyance of the easement under clause (ii), and Nation, the Chickasaw Nation, the State, the the City shall pay to the Chickasaw Nation (I) the Atoka and Sardis Conservation City, the Trust, and the United States shall the value of past unauthorized use and con- Projects Fund has been funded as provided in each have the right to bring an action pursu- sideration for future use of the land bur- the Settlement Agreement. ant to this section. dened by the easement, based on an appraisal (2) EXPIRATION DATE.—If the Secretary of (iii) NO ACTION IN OTHER COURTS.—No ac- secured by the City and Nations and ap- the Interior fails to publish a statement of tion may be brought in any other Federal, proved by the Secretary of the Interior. findings under paragraph (1) by not later Tribal, or State court or administrative (B) RESERVATION OF RIGHTS AND RETENTION than September 30, 2020, or such alternative forum for any purpose relating to the Settle- OF CLAIMS BY NATIONS AGAINST THE UNITED later date as is agreed to by the Secretary of ment Agreement, amended storage contract, STATES.—Notwithstanding the waivers and the Interior, the Nations, the State, the or this section. releases of claims authorized under para- City, and the Trust under paragraph (4), the (iv) NO MONETARY JUDGMENT.—Nothing in graph (1), each Nation shall retain— following shall apply: this section authorizes any money judgment (i) all claims for enforcement of the Settle- (A) This section, except for this subsection or otherwise allows the payment of funds by ment Agreement and this section; and any provisions of this section that are the United States, the Nations, the State (ii) all rights to use and protect any water necessary to carry out this subsection (but (including the OWRB), the City, or the rights of the Nations recognized by or estab- only for purposes of carrying out this sub- Trust. lished pursuant to the Settlement Agree- section) are not effective beginning on Sep- (B) NOTICE AND CONFERENCE.—An entity ment and this section, including the right to tember 30, 2020, or the alternative date. seeking to interpret or enforce the Settle- assert claims for injuries relating to the (B) The waivers and release of claims, and ment Agreement shall comply with the fol- rights and the right to participate in any the limited waivers of sovereign immunity, lowing: stream adjudication, including any inter se shall not become effective. (i) Any party asserting noncompliance or proceeding; (C) The Settlement Agreement shall be seeking interpretation of the Settlement (iii) all claims relating to activities affect- null and void, except for this paragraph and Agreement or this section shall first serve ing the quality of water that are not waived any provisions of the Settlement Agreement written notice on the party alleged to be in under paragraph (1), including any claims that are necessary to carry out this para- breach of the Settlement Agreement or vio- the Nations may have under— graph. lation of this section. (I) the Comprehensive Environmental Re- (D) Except with respect to this paragraph, (ii) The notice under clause (i) shall iden- sponse, Compensation, and Liability Act of the State, the Nations, the City, the Trust, tify the specific provision of the Settlement 1980 (42 U.S.C. 9601 et seq.), including for and the United States shall not be bound by Agreement or this section alleged to have damages to natural resources; any obligations or benefit from any rights been violated or in dispute and shall specify (II) the Safe Drinking Water Act (42 U.S.C. recognized under the Settlement Agreement. in detail the contention of the party assert- 300f et seq.); (E) If the City permit has been issued, the ing the claim and any factual basis for the (III) the Federal Water Pollution Control permit shall be null and void, except that the claim. Act (33 U.S.C. 1251 et seq.); and City may resubmit to the OWRB, and the (iii) Representatives of the party alleging a (IV) any regulations implementing the OWRB shall be considered to have accepted, breach or violation and the party alleged to Acts described in subclauses (I) through (III); OWRB permit application No. 2007–017 with- be in breach or violation shall meet not later (iv) all claims relating to damage, loss, or out having waived the original application than 30 days after receipt of notice under injury resulting from the unauthorized di- priority date and appropriative quantities. clause (i) in an effort to resolve the dispute. version, use, or storage of water by a person, (F) If the amended storage contract has (iv) If the matter is not resolved to the sat- including damages, losses, or injuries to land been executed or approved, the contract isfaction of the party alleging breach not or nonwater natural resources associated shall be null and void, and the 2010 agree- later than 90 days after the original notice with any hunting, fishing, gathering, or cul- ment shall be considered to be in force and under clause (i), the party may take any ap- tural right; and effect as between the State and the Trust. propriate enforcement action consistent (v) all rights, remedies, privileges, immu- (G) If the Atoka and Sardis Conservation with the Settlement Agreement and this nities, and powers not specifically waived Projects Fund has been established and fund- subsection. and released pursuant to this section. ed, the funds shall be returned to the respec- (2) LIMITED WAIVERS OF SOVEREIGN IMMU- (3) EFFECTIVE DATE OF WAIVER AND RE- tive funding parties with any accrued inter- NITY.— LEASES.—The waivers and releases under this est. (A) IN GENERAL.—The United States and subsection take effect on the enforceability (3) NO PREJUDICE.—The occurrence of the the Nations may be joined in an action filed date. expiration date under paragraph (2) shall not in the United States District Court for the (i) ENFORCEABILITY DATE.— in any way prejudice— Western District of Oklahoma. (1) IN GENERAL.—The Settlement Agree- (A) any argument or suit that the Nations (B) UNITED STATES IMMUNITY.—Any claim ment shall take effect and be enforceable on may bring to contest— by the United States to sovereign immunity the date on which the Secretary of the Inte- (i) the pursuit by the City of OWRB permit from suit is irrevocably waived for any ac- rior publishes in the Federal Register a cer- application No. 2007–017, or a modified tion brought by the State, the Chickasaw tification that— version; or Nation, the Choctaw Nation, the City, the (A) to the extent the Settlement Agree- (ii) the 2010 agreement; Trust, or (solely for purposes of actions ment conflicts with this section, the Settle- (B) any argument, defense, or suit the brought pursuant to subsection (e)) an allot- ment Agreement has been amended to con- State may bring or assert with regard to the tee in the Western District of Oklahoma re- form with this section; claims of the Nations to water or over water lating to interpretation or enforcement of (B) the Settlement Agreement, as amend- in the settlement area; or the Settlement Agreement or this section, ed, has been executed by the Secretary of the (C) any argument, defense or suit the City including of the appellate jurisdiction of the Interior, the Nations, the Governor of the may bring or assert— United States Court of Appeals for the Tenth State, the OWRB, the City, and the Trust; (i) with regard to the claims of the Nations Circuit and the Supreme Court of the United (C) to the extent the amended storage con- to water or over water in the settlement States. tract conflicts with this section, the amend- area relating to OWRB permit application (C) CHICKASAW NATION IMMUNITY.—For the ed storage contract has been amended to No. 2007–017, or a modified version; or exclusive benefit of the State (including the conform with this section; (ii) to contest the 2010 agreement. OWRB), the City, the Trust, the Choctaw Na- (D) the amended storage contract, as (4) EXTENSION.—The expiration date under tion, and the United States, the sovereign amended to conform with this section, has paragraph (2) may be extended in writing if immunity of the Chickasaw Nation from suit been— the Nations, the State, the OWRB, the is waived solely for any action brought in (i) executed by the State, the City, and the United States, and the City agree that an ex- the Western District of Oklahoma relating to Trust; and tension is warranted. interpretation or enforcement of the Settle- (ii) approved by the Secretary; (j) JURISDICTION, WAIVERS OF IMMUNITY FOR ment Agreement or this section, if the ac- (E) an order has been entered in United INTERPRETATION AND ENFORCEMENT.— tion is brought by the State or the OWRB, States v. Oklahoma Water Resources Board, (1) JURISDICTION.— the City, the Trust, the Choctaw Nation, or Civ. 98–C–521–E with any modifications to (A) IN GENERAL.— the United States, including the appellate the order dated September 11, 2009, as pro- (i) EXCLUSIVE JURISDICTION.—The United jurisdiction of the United States Court of vided in the Settlement Agreement; States District Court for the Western Dis- Appeals for the Tenth Circuit and the Su- (F) orders of dismissal have been entered in trict of Oklahoma shall have exclusive juris- preme Court of the United States. Chickasaw Nation, Choctaw Nation v. Fallin diction for all purposes and for all causes of (D) CHOCTAW NATION IMMUNITY.—For the et al., Civ 11–297 (W.D. Ok.) and OWRB v. action relating to the interpretation and en- exclusive benefit of the State (including of United States, et al. Civ 12–275 (W.D. Ok.) as forcement of the Settlement Agreement, the the OWRB), the City, the Trust, the Chicka- provided in the Settlement Agreement; amended storage contract, or interpretation saw Nation, and the United States, the Choc- (G) the OWRB has issued the City Permit; or enforcement of this section, including all taw Nation shall expressly and irrevocably (H) the final documentation of the actions filed by an allottee pursuant to sub- consent to a suit and waive sovereign immu- Kiamichi Basin hydrologic model is on file section (e)(4)(B). nity from a suit solely for any action

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 7, 2016 CONGRESSIONAL RECORD — SENATE S5419 brought in the Western District of Oklahoma strued in any way to quantify, establish, or of the United States, and for other pur- relating to interpretation or enforcement of serve as precedent regarding the land and poses; as follows: the Settlement Agreement or this section, if water rights, claims, or entitlements to the action is brought by the State, the water of any American Indian Tribe other Strike section 6002 and insert the fol- OWRB, the City, the Trust, the Chickasaw than the Nations, including any other Amer- lowing: ican Indian Tribe in the State. Nation, or the United States, including the SEC. 6002. AUTHORIZATION OF PROJECT MODI- appellate jurisdiction of the United States FICATIONS RECOMMENDED BY THE Court of Appeals for the Tenth Circuit and SA 4980. Mr. INHOFE proposed an SECRETARY. the Supreme Court of the United States. amendment to amendment SA 4979 pro- The following project modifications for posed by Mr. INHOFE to the bill S. 2848, (k) DISCLAIMER.— water resources development and conserva- to provide for the conservation and de- (1) IN GENERAL.—The Settlement Agree- tion and other purposes are authorized to be ment applies only to the claims and rights of velopment of water and related re- carried out by the Secretary substantially in the Nations. sources, to authorize the Secretary of accordance with the recommendations of the (2) NO PRECEDENT.—Nothing in this section the Army to construct various projects Director of Civil Works, as specified in the or the Settlement Agreement shall be con- for improvements to rivers and harbors reports referred to in this section:

A. State B. Name C. Date of Director’s Report D. Updated Authorization Project Costs

1. KS, MO Turkey Creek Basin November 4, 2015 Estimated Federal: $97,067,750 Estimated Non-Federal: $55,465,250 Total: $152,533,000

2. MO Blue River Basin November 6, 2015 Estimated Federal: $34,860,000 Estimated Non-Federal: $11,620,000 Total: $46,480,000

3. FL Picayune Strand March 9, 2016 Estimated Federal: $308,983,000 Estimated Non-Federal: $308,983,000 Total: $617,967,000

4. KY Ohio River Shoreline March 11, 2016 Estimated Federal: $20,309,900 Estimated Non-Federal: $10,936,100 Total: $31,246,000

5. TX Houston Ship Channel May 13, 2016 Estimated Federal: $381,032,000 Estimated Non-Federal: $127,178,000 Total: $508,210,000

6. AZ Rio de Flag, Flagstaff June 22, 2016 Estimated Federal: $65,514,650 Estimated Non-Federal: $35,322,350 Total: $100,837,000

7. MO Swope Park Industrial Area, April 21, 2016 Estimated Federal: $20,205,250 Blue River Estimated Non-Federal: $10,879,750 Total: $31,085,000

SA 4981. Mr. HELLER (for himself ‘‘(B) commence promptly after the date of to provide for the conservation and de- and Mr. HEINRICH) submitted an enactment of the Water Resources Develop- velopment of water and related re- amendment intended to be proposed by ment Act of 2016. sources, to authorize the Secretary of ‘‘(2) RURAL PROJECTS.—The Secretary shall the Army to construct various projects him to the bill S. 2848, to provide for consider a rural project authorized under the conservation and development of this section and environmental infrastruc- for improvements to rivers and harbors water and related resources, to author- ture projects authorized under section 219 of of the United States, and for other pur- ize the Secretary of the Army to con- the Water Resources Development Act of poses; which was ordered to lie on the struct various projects for improve- 1992 (Public Law 102–580; 106 Stat. 4835) for table; as follows: ments to rivers and harbors of the new starts on the same basis as any other In section 2004, strike ‘‘applicable State United States, and for other purposes; program funded from the construction ac- water quality standards’’ and insert ‘‘the which was ordered to lie on the table; count.’’; and State water quality standards of the State in (3) in subsection (i) (as redesignated by which the disposal occurs, as’’. as follows: paragraph (1)), by striking ‘‘which shall—,’’ At the appropriate place, insert the fol- and all that follows through ‘‘remain’’ and SA 4984. Mr. BLUNT (for himself and lowing: inserting ‘‘to remain’’. Mrs. MCCASKILL) submitted an amend- SEC. llll. RURAL WESTERN WATER. ment intended to be proposed to Section 595 of the Water Resources Devel- SA 4982. Mr. BLUMENTHAL (for amendment SA 4979 proposed by Mr. himself and Mr. MURPHY) submitted an opment Act of 1999 (Public Law 106–53; 113 INHOFE to the bill S. 2848, to provide for Stat. 383; 128 Stat. 1316) is amended— amendment intended to be proposed by the conservation and development of (1) by redesignating subsection (h) as sub- him to the bill S. 2848, to provide for water and related resources, to author- section (i); the conservation and development of ize the Secretary of the Army to con- (2) by inserting after subsection (g) the fol- water and related resources, to author- lowing: struct various projects for improve- ize the Secretary of the Army to con- ments to rivers and harbors of the ‘‘(h) ELIGIBILITY.— struct various projects for improve- United States, and for other purposes; ‘‘(1) IN GENERAL.—Assistance under this ments to rivers and harbors of the which was ordered to lie on the table; section shall be made available to all eligible United States, and for other purposes; States and locales described in subsection (b) as follows: consistent with program priorities deter- which was ordered to lie on the table; as follows: At the end of section 5001, add the fol- mined by the Secretary in accordance with lowing: criteria developed by the Secretary to estab- Strike section 2004. (i) HANNIBAL SMALL BOAT HARBOR, HAN- lish the program priorities, with priority NIBAL, MISSOURI.—The project for navigation given to projects in any applicable State SA 4983. Mr. BLUMENTHAL sub- at Hannibal Small Boat Harbor on the Mis- that— mitted an amendment intended to be sissippi River, Hannibal, Missouri, author- ‘‘(A) execute new or amended project co- proposed to amendment SA 4979 pro- ized by section 101 of the River and Harbor operation agreements; and posed by Mr. INHOFE to the bill S. 2848, Act of 1950 (Public Law 81–516; 64 Stat. 166,

VerDate Sep 11 2014 04:05 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A07SE6.014 S07SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5420 CONGRESSIONAL RECORD — SENATE September 7, 2016 chapter 188), is no longer authorized begin- mittee on Veterans’ Affairs be author- mium has increased by more than 10 percent, ning on the date of enactment of this Act, ized to meet during the session of the and for other purposes. and any maintenance requirements associ- Senate on September 7, 2016, at 2:30 Mr. PERDUE. Mr. President, I now ated with the project are terminated. p.m., in room SR–418 of the Russell ask for a second reading, and I object f Senate Office Building, to conduct a to my own request, all en bloc. AUTHORITY FOR COMMITTEES TO hearing entitled ‘‘VHA Best Practices: The PRESIDING OFFICER. Objec- MEET Exploring the Diffusion of Excellence tion is heard. Initiative.’’ The bills will be read for the second COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without time on the next legislative day. Mr. BARRASSO. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- f mittee on Foreign Relations be author- SPECIAL COMMITTEE ON AGING Mr. BARRASSO. Mr. President, I ask ized to meet during the session of the ORDERS FOR THURSDAY, unanimous consent that the Special Senate on September 7, 2016, at 10 a.m. SEPTEMBER 8, 2016 to conduct a hearing entitled ‘‘The Ad- Committee on Aging be authorized to Mr. PERDUE. Mr. President, I ask ministration’s Proposal for a UN Reso- meet during the session of the Senate unanimous consent that when the Sen- lution on the Comprehensive Nuclear on September 7, 2016, at 2:30 p.m., in ate completes its business today, it ad- Test-Ban Treaty.’’ room SD–562 of the Dirksen Senate Of- journ until 9:30 a.m., Thursday, Sep- The PRESIDING OFFICER. Without fice Building to conduct a hearing enti- tember 8; that following the prayer and objection, it is so ordered. tled ‘‘Securing America’s Retirement Future: Examining the Bipartisan Pol- pledge, the Senate observe a moment COMMITTEE ON INDIAN AFFAIRS icy Center’s Recommendations to of silence in remembrance of the lives Mr. BARRASSO. Mr. President, I ask Boost Savings.’’ lost in the attacks of September 11, unanimous consent that the Com- The PRESIDING OFFICER. Without 2001; further, that the morning hour be mittee on Indian Affairs be authorized objection, it is so ordered. deemed expired, the Journal of pro- to meet during the session of the Sen- f ceedings be approved to date, and the ate on September 7, 2016, in room SD– time for the two leaders be reserved for 628 of the Dirksen Senate Office Build- MEASURES READ THE FIRST their use later in the day; finally, that ing, at 2:30 p.m. TIME—S. 3296 AND S. 3297 following leader remarks, the Senate The PRESIDING OFFICER. Without Mr. PERDUE. Mr. President, I under- resume consideration of S. 2848. objection, it is so ordered. stand there are two bills at the desk, The PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY and I ask for their first reading en bloc. objection, it is so ordered. Mr. BARRASSO. Mr. President, I ask The PRESIDING OFFICER. The unanimous consent that the Com- clerk will read the bills by title for the f mittee on the Judiciary be authorized first time. to meet during the session of the Sen- The bill clerk read as follows: ADJOURNMENT UNTIL 9:30 A.M. ate on September 7, 2016, at 10 a.m., in A bill (S. 3296) to amend the Internal Rev- TOMORROW room SD–226 of the Dirksen Senate Of- enue Code of 1986 to provide an exemption to Mr. PERDUE. Mr. President, if there fice Building, to conduct a hearing en- the individual mandate to maintain health is no further business to come before titled ‘‘Nominations.’’ coverage for individuals residing in counties the Senate, I ask unanimous consent The PRESIDING OFFICER. Without with fewer than 2 health insurance issuers that it stand adjourned under the pre- objection, it is so ordered. offering plans on an Exchange. A bill (S. 3297) to amend the Internal Rev- vious order. COMMITTEE ON VETERANS’ AFFAIRS enue Code of 1986 to provide an exemption to There being no objection, the Senate, Mr. BARRASSO. Mr. President, I ask the individual mandate to maintain health at 6:53 p.m., adjourned until Thursday, unanimous consent that the Com- coverage for certain individuals whose pre- September 8, 2016, at 9:30 a.m.

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IN RECOGNITION OF THE 9/11 They instilled the importance of faith and serv- TRIBUTE TO ANGELA CONNOLLY FIRST RESPONDERS ing others in their children. Those guiding words have shaped the Pedrozo family. They HON. DAVID YOUNG HON. BARBARA COMSTOCK have been actively involved in Our Lady of OF IOWA OF VIRGINIA Mercy School, St. Patrick’s Parish and Sacred IN THE HOUSE OF REPRESENTATIVES Heart Churches, among many other local IN THE HOUSE OF REPRESENTATIVES Wednesday, September 7, 2016 causes. Wednesday, September 7, 2016 Joe is a local business owner and was a Mr. YOUNG of Iowa. Mr. Speaker, I rise Mrs. COMSTOCK. Mr. Speaker, I rise to ac- volunteer coach for Our Lady of Mercy School today to congratulate and recognize Polk knowledge the many first responders to the sports and City Leagues for 25 years. He County (Iowa) Supervisor Angela Connolly for September 11th terrorist attacks of 2001, as gave classes to vocational instruction students being honored as a 2016 Iowa Women’s Hall well as to recognize that this September will at the Juvenile Hall for Merced County Office of Fame recipient by the Iowa Commission on be the 15th anniversary of that national trag- of Education. Diana has also been an active the Status of Women. edy. member of the community, having served as Angela Connolly, a native Iowan, was born That day was a time of intense panic and the Executive Director of the Merced County to second-generation Italian immigrants and immense sorrow for all Americans, with many Farm Bureau and as a member of the Merced cultivated a strong work ethic at her parents’ losing friends, family, and loved ones. Yet in County California Women for Agriculture. small Italian restaurant. She attended college spite of all of this, our brave first responders John and Kelly Pedrozo are parents to two in Kansas, returning to Iowa and marrying her from our police services, our fire fighters, and sons and a daughter, 6 grandsons and one husband, Tom, raising three children and emergency medical services went above and granddaughter due this fall. John is a proud overseeing the development of the next gen- beyond the call of duty to save the lives of graduate of Our Lady of Mercy. He has been eration with four grandchildren. Ms. Connolly began her career in the Polk their fellow citizens, so that they could go on the Merced County Board of Supervisors County Public Works Department, working for home to their families and friends. for twelve years. In this role he has served as nearly 20 years before being elected a Polk These amazing men and women faced this an advocate for farmers and Merced County’s County Supervisor in 1998. She is only one of terror attack with the greatest courage and most underserved. John previously served on three female Supervisors ever elected in over conviction anyone could exhibit. The valor and the Our Lady of Mercy School Board and the 150 years to the Polk County Board of Super- fortitude which they showed is beyond expres- Merced Union High School District Board of visors and still serves in that post today. sion, with many giving their lives so that their Trustees. Kelly worked for Merced County ‘‘Community engagement’’ is the key phrase fellow Americans could live. However, many of Child Support Services for 30 years. Kelly and for Ms. Connolly. Evidenced by her dedication those who endured and survived are still suf- John have been supporters of 4–H, St. Pat- to civic activities, she currently serves as Co- fering from the ordeal, with many experiencing rick’s Parish and OLM School. Chairman of The Tomorrow Plan and is Tri- PTSD, depression, and physical ailments. Ted and Juanita Pedrozo have been mar- Chairman for Capital Crossroads: A Vision for These men and women represent the very ried for 35 years, are parents to four children, Greater Des Moines and Central Iowa as well best of our nation. We should all strive to live grandparents to one grandson and another as Chairman for Rebuilding Together. She up to their extraordinary example. grandson is due in October. Ted and John aptly represents the Polk County Board of Su- It is important that we do whatever we can have a catering business known throughout pervisors on a long list of boards and commis- for these heroes, and as such I would like to Merced County for providing food for local charitable and non-profit organizations. Juanita sions. thank the Hylton Performing Arts Center for Ms. Connolly has played a leadership role in is a teacher and school administrator, serving their event entitled ‘‘Helping First Responders many significant efforts to improve the lives of in this role for 36 years. Ted and Juanita are Find Hope, Healing and Resilience’’ which will area residents. She advocates for mental active members of St. Patrick’s Parish and be held in Manassas on September 10th, health issues, domestic violence victims, supporters of Our Lady Of Mercy School and 2016. Through events like this, caring Ameri- homeless challenges, and most visibly in re- local 4–H programs. cans are helping raise awareness to these un- cent months, the efforts to stop hunger in Polk fortunate conditions. Judy (Pedrozo) and Harry Blackburn have been married for 24 years. Judy was a teach- County. She is a proponent of the Des Moines Mr. Speaker, I would ask my fellow Mem- downtown revitalization efforts as well as up- bers of Congress to join me in honoring some er and currently serves as Principal at Our Lady of Mercy School. Harry has worked for a dating the historical Polk County Courthouse of the bravest of our nation’s heroes, and to complex. She never stops and works tirelessly thank them for all that they did during our private company for 24 years and is a store manager. Judy serves on the Fresno Dioce- for all Iowans. country’s most desperate hour. May God bless Mr. Speaker, it is a profound honor to rep- san School Board. Judy and Harry are active them, and all those whose lives were affected resent leaders like Angela Connolly in the members of St. Patrick and strong supporters by this day. United States Congress and it is with great of Our Lady of Mercy School. f pride that I recognize and applaud her for uti- Josh and Heidi Pedrozo are continuing the lizing her talents to better both her community HONORING THE PEDROZO FAMILY tradition of service in the Pedrozo Family. and the great state of Iowa. I invite my col- Josh is a teacher at Merced High School and leagues in the United States House of Rep- has been a Merced City Councilman for eight HON. JIM COSTA resentatives to join me in congratulating An- years. Heidi assisted the people of the 16th OF CALIFORNIA gela Connolly on receiving this esteemed des- district while serving as a representative in my IN THE HOUSE OF REPRESENTATIVES ignation and in wishing Ms. Connolly a long office, as well as the office of Congressman and successful career. Wednesday, September 7, 2016 Dennis Cardoza. Heidi is currently a teacher Mr. COSTA. Mr. Speaker, I rise today to at El Capitan High School. Their son Owen is f recognize The Pedrozo Family. The Pedrozo’s a student at Our Lady of Mercy and they are IN RECOGNITION OF CYRUS JONES have deep rooted ties to public service in expecting a daughter this fall. Merced County and are known for their tire- Mr. Speaker, I ask my colleagues to join me HON. PATRICK MEEHAN less efforts on behalf of the community. They in recognizing the great contributions of the OF PENNSYLVANIA are being honored by Catholic Charities of Pedrozo Family. Their contributions will have a IN THE HOUSE OF REPRESENTATIVES Merced in appreciation of their service to the lasting impact on the community for years to Valley. come. I congratulate the Pedrozo’s for this Wednesday, September 7, 2016 The late Joe and Barbra Pedrozo raised honor and ask that you join me in wishing Mr. MEEHAN. Mr. Speaker, I rise today to their six children on the family’s dairy farm. them continued success. honor Cyrus Jones, head coach of Lincoln

∑ 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 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.001 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1200 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 University’s men’s and women’s track and inspire our service members and veterans in MS. THAO NHI DO RECEIVES field from 1974 to 2010, on his retirement. times of need, I believe everyone should ex- PRESTIGIOUS FULBRIGHT AWARD Coach Jones led the track and field team at perience it. I intend for everyone to procure Lincoln to 15 NCAA Division III champion- some good fortune and hope from her mes- HON. PETE OLSON ships. The men’s team won 11 national titles sage. OF TEXAS during his tenure, and the women’s team won IN THE HOUSE OF REPRESENTATIVES GHOSTS OF THE PAST 4 NCAA championships. He also coached Wednesday, September 7, 2016 more than 300 All American athletes. Coach The fog shrouded, silent vale, Jones has been honored as a six-time recipi- comes to life before my trail. Mr. OLSON. Mr. Speaker, I rise today to ent of the Division III National Coach of the Ghosts of the past, ride in the predawn mist, congratulate Thao Nhi Do of Houston, TX for Year Award, the Mid East Region Track in their stirring I am by angels kissed. receiving a Fulbright award for teaching Coach of the Year, the Linback Teaching Here, the plan of war was born, English in Taiwan during the 2015 through Award, the Outstanding Men of America and there, soldiers’ lives were torn. 2016 academic year. Award, the Lifetime Achievement Award, one Brave warriors on snorting, restless steeds, Each year the Fulbright Program grants stu- our heroes against men of evil deeds. of the top 100 sports figures in the Philadel- dents with the opportunity to study, research phia region in the last 100 years by the Phila- See Lexington and Concord’s men of pride. or teach English abroad in an effort to inter- Rebs and Yanks who at Chickamauga died. delphia Tribune and an honorary official during nationalize communities and campuses See the tired, straggling wagon train, around the world. Fulbright scholars focus on the Penn Relays in 2002. In 2007 Coach faces parched by sun, in battle’s strain. Jones was inducted into the U.S. Track and the conditions and challenges differing regions Indians silently move their camps, face, as well as building valuable U.S. rela- Field and Cross Country Coaches Associa- past sod houses lit by dim oil lamps. tion’s Hall of Fame. tionships. Thao graduated Summa Cum Laude I see the brave men from the Alamo, in 2011 from Clear Brook High School and Mr. Speaker, I congratulate Coach Jones on as on, and on, and on they go. an illustrious career at Lincoln University and earned a full scholarship to Harvard Univer- Oh, ancient rocks, you saw it all, sity. As a Fulbright participant, she helped wish him the best in his retirement. you saw where gallant man did fall. teach English in Taiwan. f You echoed the shot, felt the glance of spear, the price for freedom, we hold dear. On behalf of the Twenty-Second Congres- sional District of Texas, congratulations again SYLVIA BROCKNER Our troops who fell on foreign soils, they the victors, won the spoils. to Ms. Thao Nhi Do for receiving this Fulbright HON. ED PERLMUTTER There were those from the sky award. Keep up the great work. OF COLORADO and from the sea, f They gave of themselves to keep us free. IN THE HOUSE OF REPRESENTATIVES Their souls, at last, are at home, IN RECOGNITION OF DUDLEY Wednesday, September 7, 2016 no more foreign lands to roam. BROWN Mr. PERLMUTTER. Mr. Speaker, I rise All are soothed in the mist, today to recognize and applaud Sylvia as o’er their separate paths they twist. HON. WILLIAM R. KEATING OF MASSACHUSETTS Brockner for receiving the West Chamber’s Their laughter softly echoes from the rills, and across the windswept, rugged hills. IN THE HOUSE OF REPRESENTATIVES 2016 Jefferson County Hall of Fame Award. Mingling, they have enemies no more, Wednesday, September 7, 2016 An avid author and environmentalist, Sylvia here at home or foreign shore. Brockner has led the Evergreen area preser- In cadence, I heard them say, Mr. KEATING. Mr. Speaker, I rise today to vation movement for more than forty years. ‘‘Let not our sons go this way. recognize Dudley Brown, a Plymouth, Massa- Her works culminate in her published book, Alas the new born cries at birth, chusetts native who passed away on Sep- entitled Birds in our Evergreen World. In 1968, but men must know of joy on earth. tember 24, 2015 at the age of 88. Sylvia and her late husband founded the Ever- Oh, that we could right the wrong, A man truly devoted to the service of his green Naturalists which has since evolved to Oh, that we could leave but song.’’ country, Mr. Brown spent his life working to the Evergreen Audubon and Nature Center. Oh Lord, many of our brave, gallant men of honor America both in and out of uniform. Mr. Sylvia helped Jefferson County Open Space pride, Brown, who served from 1944 to 1947 in acquire 319 acres for what would become the put their lives upon the line, fought and World War II and from 1950 to 1952 in the Ko- died. Lair O’ Bear Open Space Park in 1987, open- Men with bodies and emotions torn, rean war, was not content to sit back and rest ing to the public in 1991. Sylvia also was a this great loss we all should mourn. upon his return to civilian life. founding member of the Mountain Area Land I stand and salute you, one and all. Balancing his career as a market researcher Trust in 1993, which helped to preserve thou- You went through hell, for country’s call. and salesman around the country for three sands of acres of open lands within 50 miles Dear Lord, I pray their pain relive, decades, Mr. Brown sustained a lifelong pas- of Evergreen. Sylvia’s long time role as an ad- give them strength and hope, and ease. sion for studying the genealogy of his family vocate for animals and plants has been influ- They should receive the best of care, and the history of this country. As a direct de- ential to the community, as evidence of her For Freedom’s Cause They did not bend, scendant to William Brewster, one of the origi- being honored with the Evergreen Area Com- they pledged their allegiance to the flag nal Mayflower pilgrims and a respected reli- munity Service Award and Evergreen Audu- until the end. gious leader within Plymouth County, Mr. bon Founders’ Award. At age 97, Sylvia con- ‘‘Children, Listen,’’ the midst does sing. Brown was a proud member of the General tinues to pursue writing and illustration in her ‘‘We know not what this day or the years Society of Mayflower Descendants. In 2014, weekly column for the Canyon Courier. will bring. Mr. Brown received an award for 20 years of I extend my deepest congratulations to Syl- Stand brave and strong for liberty’s call. membership with the National Society of the Your country needs you one and all. via Brockner for this well-deserved recognition Give thanks for all that was and is. Sons of the American Revolution, and also by the West Chamber. and for the heroes who lived, and live. acted with admirable integrity as a Private 1st f Give thanks for freedom that was not lost. Class within Boston’s Ancient and Honorable Give thanks to those who paid the cost.’’ Artillery Company. RECOGNIZING M. SMITH COFFMAN In addition to his passion for family and FOR HER INSPIRATIONAL POEM, The mist soon melted into the morning sun. THEY ARE OUR HEART’S BLOOD American history, Mr. Brown was also an avid GHOSTS OF THE PAST THEY ARE NOT GONE. tennis player and enjoyed speed skating, These brave men and women did not live or biking and racing motorcycles as a young HON. KENNY MARCHANT die in vain. man. He is survived by his loving partner, OF TEXAS Our flag unfurled we will sustain. three children, and four grandchildren. Known IN THE HOUSE OF REPRESENTATIVES IN GOD WE TRUST for his sense of humor and good cheer, Mr. AMEN Brown is sorely missed by his family and Wednesday, September 7, 2016 many friends. Mr. MARCHANT. Mr. Speaker, I rise today Mr. Speaker, on behalf of the 24th Congres- Mr. Speaker, I am proud to honor Dudley to recognize M. Smith Coffman for her power- sional District of Texas, I ask all my distin- Brown’s many achievements on the anniver- ful poem and kind words of inspiration to guished colleagues to join me in recognizing sary of his passing. I ask that my colleagues many. While the poem is meant to move and M. Smith Coffman for her encouraging words. join me in recognizing his life and his service.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K07SE8.001 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1201 PERSONAL EXPLANATION class. There, she gained the skills necessary and philanthropic endeavors throughout the to work as a draftsman in the Shipyard during Greater Des Moines Area. Ms. Abbas has de- HON. KEVIN BRADY the War. In addition to a full time job, Ms. voted her life to doing so many challenges OF TEXAS Robbins volunteered for the War effort through which many others might avoid. She has IN THE HOUSE OF REPRESENTATIVES the Red Cross and the United Service Organi- spent countless hours on various boards while zations (USO). As a volunteer for the USO, blazing a trail for others to follow. She was se- Wednesday, September 7, 2016 she was honored by the Netherlands govern- lected for the chosen field of expertise, the Mr. BRADY of Texas. Mr. Speaker, on roll ment for her service as a Rosie in helping lasting impact on the community, involvement call no. 479, I was unavoidably detained to save the lives of the Holland people during the with civic or nonprofit organization and being cast my vote in time. Had I been present, I War. seen as a role model because of her lofty would have voted YES. Wesley Enhanced Living Main Line honored achievements and high ethical standards. f Ms. Robbins for her service as a Rosie the Emily Abbas has the determination and Riveter with a celebration on September 4, drive to be successful in anything she does. STEVE CAMINS 2016. The celebration included a special plant- Ms. Abbas is charged with furthering Bankers ing of a Pink Dogwood, which is a symbol of Trust’s strategic focus on customers, commu- HON. ED PERLMUTTER the Riveter movement and of women who nity and employees, and solid business rela- OF COLORADO served as Rosies. tionships. In all aspects of her life Emily Abbas IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the United States of America is an example of hard work and service who owes a great debt of gratitude to Ms. Robbins. Wednesday, September 7, 2016 makes Iowans proud. It is an honor to represent her in Congress. Mr. Speaker, it is a profound honor to rep- Mr. PERLMUTTER. Mr. Speaker, I rise f resent leaders like Emily Abbas in the United today to recognize and applaud Steve Camins States Congress and it is with great pride that for receiving the West Chamber’s 2016 Jeffer- IN HONOR OF BRAMBLETON’S 15TH I recognize and applaud her for utilizing her son County Hall of Fame Award. BIRTHDAY talents to better both her community and the Since moving to Colorado in 1970, Steve great state of Iowa. I invite my colleagues in Camins has played an active role in the Jeffer- HON. BARBARA COMSTOCK the United States House of Representatives to son County community. Steve received his OF VIRGINIA join me in congratulating Emily Abbas on re- bachelor’s in Psychology from Colorado State IN THE HOUSE OF REPRESENTATIVES ceiving this esteemed designation, thanking University in 1968, and soon after became a those at Business Record for their great work, certified financial planner and insurance coun- Wednesday, September 7, 2016 and wishing Ms. Abbas a long and successful selor. For more than forty years, Steve has Mrs. COMSTOCK. Mr. Speaker, I would like career. worked as an insurance agent for his self- to honor the town of Brambleton, Virginia on owned and -managed company, Financial Di- its 15th birthday. Established in 2001, mensions Ltd., an Arvada business that helps Brambleton has grown to become a thriving f Jefferson County citizens manage risk and community in Loudoun County full of wonder- RED ROCKS COMMUNITY COLLEGE protect assets. ful families and extraordinary localities. Steve served on the board of the Arvada In the span of 15 years Brambleton has Economic Development Association for more gone from a newly planned community to the HON. ED PERLMUTTER than fifteen consecutive years, and also home of almost 10,000 people. The commu- OF COLORADO served on the Arvada Chamber of Commerce nity has received multiple awards, including IN THE HOUSE OF REPRESENTATIVES Board of Directors. He played an instrumental the Loudon County Environmental Preserva- role in the formation of the Arvada Enterprise tion Award, and in 2013 was named Commu- Wednesday, September 7, 2016 nity of the Year by the Great American Living Center which joined with the West Chamber Mr. PERLMUTTER. Mr. Speaker, I rise Awards. In addition to the six excellent nine years ago to create the Jefferson County today to recognize and congratulate Red schools which already serve the community, Business Resource Center. Rocks Community College on the completion Steve’s determination and passion was rec- three additional schools will be added by of their Arvada campus expansion. This ex- ognized in 1996 when he was named the Ar- 2020. Its many parks, trails, and pools allow pansion triples the size and capacity of the vada Chamber of Commerce Man of the Year for its residents to enjoy the outdoors and current campus located in Arvada, Colorado. I and continues to lift the Jefferson County spend time with their friends and family. I am applaud Red Rocks Community College on economy to new heights. proud to represent such a vibrant community. this $22.5 million expansion project as it is the I extend my deepest congratulations to Mr. Speaker, I ask my colleagues to join in largest expansion project in the history of the Steve Camins for this well-deserved recogni- recognizing the 15th birthday of the college. This expansion will have a lasting im- tion by the West Chamber. Brambleton community and thanking the resi- pact on generations to come as well as result dents who bring it to life. I know the commu- f in significant economic impact for the Kipling nity will continue to provide a wonderful envi- Corridor and Ralston Road Corridor and Ar- IN RECOGNITION OF JUNE ronment for families to call home for many vada and Wheat Ridge communities. ROBBINS years to come. The Physician’s Assistant Program at Red f HON. PATRICK MEEHAN Rocks Community College is one of the first of TRIBUTE TO EMILY ABBAS its kind in the country. The relocation of this OF PENNSYLVANIA program to the new Arvada Campus will allow IN THE HOUSE OF REPRESENTATIVES for even more students to participate in this Wednesday, September 7, 2016 HON. DAVID YOUNG OF IOWA unique program. In addition, the new campus will house all of the college’s health profes- Mr. MEEHAN. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES honor June Robbins, a life member of the sions programs in one place and will host Rosie the Riveter Association for her service Wednesday, September 7, 2016 more than four times the current number of during World War II. Mr. YOUNG of Iowa. Mr. Speaker, I rise faculty and staff. Ms. Robbins was born into poverty during today to congratulate and recognize Emily I congratulate the Red Rocks team for their the Great Depression. She married her hus- Abbas, Chief Marketing Officer and Chief of success on this important expansion. I ap- band, Melvin Robbins, of 65 years, on Novem- Staff at Bankers Trust Company for being plaud the school and faculty for their dedica- ber 27, 1947. Ms. Robbins is the mother of 7 named a 2016 Women of Influence honoree tion to this project and their leadership and children, grandmother of 18, and great-grand- as Meredith Emerging Woman of Influence by commitment to helping community college stu- mother of 8. She comes from a family of the award-winning central Iowa publication, dents blaze a path for our country’s future ‘‘Rosies,’’ as her mother and aunts were also Business Record. leaders and innovators. I am proud of the part of the Association. For 17 years, the Business Record has un- work Red Rocks Community College does During World War II, Ms. Robbins applied dertaken an exhaustive annual review to iden- every day and I look forward to celebrating fu- for a training position at the Philadelphia Naval tify a standout group of women who have ture accomplishments of the school and its Shipyard, the first and only female in her made a significant difference in business, civic students in the years to come.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.007 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1202 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 IN RECOGNITION OF THE 150TH AN- R. Maldonado, who has used his leadership Commander indoctrinated 100 academy ca- NIVERSARY OF THE BOROUGH skills and intimate knowledge of community-fo- dets from the Class of 2003. Chief Adams OF SHENANDOAH cused law enforcement to keep Socorro safe. transferred to TRACEN Petaluma, CA in 2002 Chief Maldonado’s work in bringing a new and took over as Chief of the Watch for FS HON. MATT CARTWRIGHT training facility to Socorro, his role in ensuring ‘‘A’’ School, running one of the largest galleys OF PENNSYLVANIA upper-level training for his officers, and his in- in the Coast Guard. He led a team of three IN THE HOUSE OF REPRESENTATIVES fluence in bringing a canine unit to Socorro other FSs to re-open the upper galley which Wednesday, September 7, 2016 have benefited the City tremendously. On be- had been dormant for over a decade. He was half of the 23rd Congressional District of promoted to Chief Warrant Officer in 2005 and Mr. CARTWRIGHT. Mr. Speaker, I rise Texas, congratulations to the entire Socorro transferred to ISC NOLA six weeks before today to honor the Borough of Shenandoah, Police Department for their excellent work. Hurricane Katrina made land fall and flooded which celebrated its 150th anniversary on Au- f his home. In 2006, he graduated from Chief gust 27, 2016. Shenandoah is located in Warrant Officer professional development at Schuylkill County, Pennsylvania. IN RECOGNITION OF CWO4 CHAD the Coast Guard Academy in New London, The area that became Shenandoah was first ADAMS CT, where he was selected by his peers as settled in 1835 by Peter Kehley, who devel- the Distinguished Officer of his class. His du- oped the land for farming. The settlement was HON. MICHAEL C. BURGESS ties included assisting the Comptroller and Lo- maintained for two decades. After anthracite OF TEXAS gistics Branch Chief in providing support to all coal was discovered, the land was sold to the IN THE HOUSE OF REPRESENTATIVES lower 8th Coast Guard District units. He was Philadelphia Land Company. Planning for the the D8 IMT Logistics Chief during Hurricanes town began under Peter Schaeffer in 1862. Wednesday, September 7, 2016 Gustav and Ike and the 2008 New Orleans oil Shenandoah was officially incorporated on Mr. BURGESS. Mr. Speaker, I rise today to spill. He was selected to become the FS As- January 16, 1866. Situated in the Middle honor Chief Warrant Officer Chad Adams signment Officer in 2010, executing assign- Western Coal Field, the area around Shen- upon his retirement from 28 years of honor- ments (orders) for hundreds of FSs including andoah contained rich deposits of anthracite. able service to the United States Army, the the White House, DHS Secretary’s Mess, As mining got under way, the borough’s popu- Kentucky National Guard, the United States Commandant and Flag Officer Special Com- lation grew in response to the increased de- Coast Guard, and this great nation. mand Aides, Instructor, and FSO positions mand for labor. Shenandoah became a hub Adams currently serves as the Coast Guard and operational units. In 2012, he was invited for business, attracting depots for three major Food Service Program Manager within the Of- to the White House to help cook for the United railroad companies to ship coal to New York fice of Work-Life, Health, Safety, and Work- Kingdom State Dinner and Greek Independ- and Philadelphia. Immigrants came first from Life Directorate at Coast Guard Headquarters ence Day Dinner and has assisted the White Wales, Ireland, and Germany. Later, immi- (Commandant CG–1111). In this capacity, he House chefs for many events since. In July grants from Lithuania, Poland, Ukraine and is responsible for providing strategic policy 2014, he was assigned to his current position Slovakia arrived. With each new wave of im- and support to the entire $175M Food Service at CG–1111. In September 2016, he will as- migrants, parochial schools and places of wor- enterprise, consisting of 1,200 Food Service sume the duties as the new Subsistence Pro- ship arose unique to their own ethnic group. Specialist (FS) members and over 370 Coast gram Manager as a civil service employee. By the 1920s, Shenandoah had developed a Guard Dining Facilities worldwide. The Food garment industry with 15 large factories at the Service Program office is the central authority f peak of clothing production. responsible for the overall technical and ad- PERSONAL EXPLANATION Today, Shenandoah is experiencing a revi- ministrative management policy, planning, and talization. People are moving into the region, subsistence requirements to ensure service- HON. JOE WILSON some in retirement and many to raise their wide mission success. OF SOUTH CAROLINA families. Houses are being restored, busi- Upon graduation from Shelby County High IN THE HOUSE OF REPRESENTATIVES nesses are being opened. Shenandoah is now School in May 1988, Chief Warrant Officer home to popular brands such as Mrs. T’s Adams served with the U.S. Army in the 82nd Wednesday, September 7, 2016 Pierogies, Lee’s Oriental Foods, Kowalonek’s Airborne Division during Operations Just Mr. WILSON of South Carolina. Mr. Speak- Kielbasy Shop, Lucky’s, and Capitol’s Cause (Panama) and Desert Shield/Storm as er, on Roll Call Number 480, which took place Kielbasy. a paratrooper in the Infantry. After being re- Tuesday, September 6, 2016, I am not re- It is an honor to recognize Shenandoah on leased from the Army, and later the Kentucky corded because of a scheduling conflict. Had its sesquicentennial. I am proud to represent a National Guard, he enlisted into the Coast I been present, I would have voted AYE. I community so rich in history. May the people Guard in March 1994 and graduated boot stand with my colleagues in the House in sup- of Shenandoah be proud of their past and look camp as the basic training honor graduate for port of H.R. 3881, the Cooperative Manage- forward to a bright future as they celebrate the Company E–144. His first assignment was ment of Mineral Rights Act. city’s 150th anniversary. CGC WHITE PINE out of Mobile, AL where he f f decided to become a Subsistence Specialist HONORING THE WORLD WAR II CONGRATULATIONS TO THE (SS) after only six months aboard mess cook- AND KOREAN WAR VETERANS SOCORRO POLICE DEPARTMENT ing. He graduated SS ‘‘A’’ school as an SS3 in 1995 and was assigned to the CGC OF ILLINOIS MADRONA in Charleston, SC. As the duty HON. WILL HURD cook, he advanced to SS2 and fleeted-up into OF TEXAS HON. MIKE QUIGLEY the Jack of the Dust position, responsible for IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS developing menus and ordering supplies to IN THE HOUSE OF REPRESENTATIVES Wednesday, September 7, 2016 feed a crew of 50 personnel. He also took Mr. HURD of Texas. Mr. Speaker, I rise over as the Food Service Officer (FSO) when Wednesday, September 7, 2016 today to congratulate the Police Department of the FS1 was unable to get underway. On his Mr. QUIGLEY. Mr. Speaker, I rise to honor the City of Socorro for their selfless and dedi- last day aboard the cutter, he advanced to the World War II and Korean War veterans cated service to the City of Socorro. The ex- FS1 and reported to isolated duty at LORAN who traveled to Washington, D.C. on August traordinary efforts of the 28 uniformed officers Station St. Paul Island, AK where he served 10, 2016 with Honor Flight Chicago, a pro- and their civilian counterparts have helped en- as FSO and was awarded runner-up for galley gram that provides World War II and Korean sure that Socorro remains a safe city for resi- of the year small ashore for the entire Coast War veterans the opportunity to visit their me- dents and businesses and for the third time in Guard. After one year in isolation, he was se- morials on The National Mall in Washington, three years, led to Socorro being named one lected to become a Company Commander D.C. These memorials were built to honor of the 50 safest cities in the State of Texas. (Drill Instructor) at Cape May, NJ. He trained their courage and service to their country. I am proud to represent a community as over 1,500 recruits and advanced to Chief The American Veteran is one of our great- closely-knit and dedicated to service and safe- Petty Officer (E–7) during this tour. He also pi- est treasures. The Soldiers, Airmen, Sailors, ty as Socorro, TX. loted one of the first training sessions with Marines, and Coast Guardsmen who traveled I would also like to acknowledge the ex- Coast Guard Academy cadets for swab sum- here on August 10th answered our nation’s traordinary leadership of Police Chief Carlos mer in 2001, where he and another Company call to service during one of its greatest times

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.010 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1203 of need. From the European Campaign to the The spokesman for the State Department Ph.D. and World War II Army veteran for his Pacific Asian Theatre to the African Theater, even admitted that the payment was ‘‘lever- service to our country. these brave Americans risked life and limb, age,’’ which sounds like he’s trying to find a Dr. Reiss served in the United States Army gave service and sacrificed much, all while nice word for ‘‘ransom.’’ from January 1944 to 1947. During his time he embodying what it is to be a hero. We owe The media also has not been forthcoming. was assigned as a replacement to the 79th In- them more gratitude than can ever be ex- The Media Research Center found that the fantry, 315th Division B Company, in Alsace, pressed. Big Three networks devoted ten times more France, guarding the right flank during the I welcome these brave veterans to Wash- coverage to Olympic swimmer Ryan Lochte’s Battle of the Bulge. His company was trans- ington and to their memorials. I am proud to alleged robbery in Brazil than to the $400 mil- ported to a small town in the Netherlands, submit the names of these men and women lion cash payment to Iran. near the German border to practice crossing for all to see, hear, and recognize, and I call It’s not a surprise why three-quarters of the Rhine in confiscated German boats. In on my colleagues to rise and join me in ex- Americans feel the news media are biased in 1945, he was wounded by shrapnel and taken pressing gratitude. their reporting. to a hospital in Liege, Belgium. He was later John A. Andersen, Thomas L. Bajt, Floyd f awarded the Purple Heart for these injuries. Seine, Gerald Allen Bendle, Richard T. His awards and decorations include the Silver Blaskie, Louis Bommelje, Sarkis Boyajian, IN RECOGNITION OF THE DOUG- Star Medal, the Purple Heart Medal, the Army Robert P. Campbell, Manuel A. Ceralde, Ru- LASS SCHOOL’S 75TH ANNIVER- Good Conduct Medal, European-African-Mid- dolph F. Chavez Sr., Mark L. Dames, Edward SARY dle Eastern Campaign Medal (with 2 bronze G. Dasbach, Frank J. DePaul, Charles F. service stars), World War II Victory Medal, the Dickason Jr., Jessie B. Dodd, Ronald C. HON. BARBARA COMSTOCK Army of Occupation of Germany Medal, and Donner, Richard C. Druse, John R. Durrbeck, OF VIRGINIA the Honorable Service Lapel WWII pin. William R. Elliott, William P. Erzig, Charles IN THE HOUSE OF REPRESENTATIVES In 1947, after being discharged from the Felski, Harold P. Fleig, William J. Ganson, U.S. Army he returned to the U.S. and was Wednesday, September 7, 2016 Salvador T. Garcia, Robert A. Garritano, Ed- accepted to the University of Chicago chem- ward J. Gawel, Charles T. Germann, Robert Mrs. COMSTOCK. Mr. Speaker, I rise to istry program, beginning his long career in A. Green, John Grzywa, Pleze Haynes, Robert recognize the Douglass School, of Leesburg, medical research. Dr. Reiss received his Ph.D. M. Healy, Steve J. Horgash, James L. Hubbs, Virginia, on their 75th anniversary. This is an from the University of Chicago and continued Donald T. Humphrey, Clarence A. Jannush, important milestone for this wonderful school his postdoctoral fellowship with the American George Jasencak, Robert J. Jaskula, Ralph S. in my District. The Douglass School cele- Heart Association’s Department of Cardiology. Jensen, Andrew E. Joseph, John J. Kanya, brated this anniversary in Loudoun County last Dr. Reiss’s decades long service in environ- Michael J. Kidney Jr., Donald E. Klein, Gene month on the 13th of August, and it is my mental biochemistry and medicine culminated R. Krohn, Donald P. Kuech, Joseph T. pleasure to briefly highlight the impact this in 1991. During his distinguished career he Lakatos, Frank Laos Jr., Tony Lara, Kenneth school has had on my constituents. served as a lecturer in various courses on en- W. Larsen, Albert L. Lemak, Robert G. Lemke, The Douglass School has had a terrific his- vironmental and dental biochemistry at the John M. Ley, Harlan M. Lunde, Arthur R. Man- tory of success since first opening its doors in University of Colorado Medical School and son, Gerald L. Martin, Glenn J. Masek, James 1941. Named after Fredrick Douglass, the fa- taught foreign seminars, most notably in Ger- R. Matela, William McNutt, Robert T. McPeek, mous African-American anti-slavery leader, the many, France and Bulgaria. Through his cou- Edward F. Meier, Robert J. Moore, Joseph J. Douglass School has stood as a pillar of edu- rageous service in the military and medical Muren, Richard E. Nelson, Carl J. Noto, Stuart cation for those it serves. Before its founding, fields, Dr. Reiss charted the path for future L. Novy, William F. O’Brien, Daniel D. Ogilvie, African-American families needed a place to generations in this country. Thomas P Oker, Anthony P. Oleynichak, educate their children. These parents worked I extend my deepest appreciation to Dr. Charles E. Olson, Henry F. Osters, Raymond tirelessly to raise the four thousand dollars Reiss for his dedication, integrity and out- J. Paluch, Vernon Mitchell Penland, Joseph A. necessary to purchase the land for building standing service to the United States of Amer- Pisarczyk, Myron J. Rasmussen, Ricardo E. the school. Since the school was deseg- ica. Reyna, James W. Riordan, John B. Ritzema, regated in 1968, it has provided high quality f Paul William Rodewald, Ramon M. Rodriguez, education to students from every race, back- William L. Rogers, Paul E. Rueff, Robert M. ground, and creed. Equipped with top tier HONORING THE SERVICE OF COKE Schiavone, Raymond G. Schmid, Roy E. teachers and staff, this school has produced HALLOWELL Schroeder Sr., Lawrence W. Schweik, Henry countless student success stories. C Schwenk, John M. Sherly, Richard S. Coming from a family of educators, I under- HON. JIM COSTA Simester, Edmond J. Sinnema, Donald David stand how important a strong education is to OF CALIFORNIA Slovin, Ronald C. Smith, Robert H. Sroka, the future of our nation. It is schools like the IN THE HOUSE OF REPRESENTATIVES Douglass School that will continue to help Robert Stanbery, Creighton Styler, Bruce M. Wednesday, September 7, 2016 Sublette, Andrew Szocka, Myles N. Tlusty, shape the United States’ role in the ever- John Torchalski, Thomas J. Vanek, Sherman changing global economy, while also pro- Mr. COSTA. Mr. Speaker, I rise today to Vaughn, Gerald G. Veglia, Arthur T. Vos, Dan- ducing many of our nation’s future leaders. recognize my good friend Ms. Coke Hallowell iel R. Walsh Sr., Philip Warren, Clarence W. Over the years, the faculty has shown an im- in honor of the outstanding contributions she Young, James J. Zalusky. pressive dedication not only to its students, has made to the arts community and the en- tire San Joaquin Valley. Coke is being hon- f but to the Loudoun community as a whole. The success of this school is a tremendous ored by the Fresno Arts Council in apprecia- MEDIA DOWNPLAYS ‘‘RANSOM accomplishment that should make past and tion of her tireless efforts on behalf of the Val- PAYMENT’’ TO IRAN present faculty proud. ley. Her commitment and dedication to her Mr. Speaker, I ask that my colleagues join community deserve to be commended. HON. LAMAR SMITH me in congratulating the Douglass School for Coke’s career began by teaching remedial OF TEXAS 75 years of serving children and their families. reading for ten years at Sanger Unified School IN THE HOUSE OF REPRESENTATIVES I wish them all the best in their future endeav- District. Later she was elected and served two ors. terms on the State Center Community College Wednesday, September 7, 2016 f District and continued her educational leader- Mr. SMITH of Texas. Mr. Speaker, last ship by going on to serve on the State Center month the Wall Street Journal reported that OSCAR REISS, PH.D. Foundation for seventeen years. Coke has the Obama administration secretly sent $400 been very active in various community organi- million in cash to Iran on the same day four HON. ED PERLMUTTER zations such as, the National Parks Conserva- American hostages detained in Tehran were OF COLORADO tion Association, the Fresno Arts Council, the released. IN THE HOUSE OF REPRESENTATIVES U.C. Merced Foundation, the Downtown Fres- The president should admit that the ransom no Coalition and Revive the San Joaquin. payment to the world’s leading state sponsor Wednesday, September 7, 2016 Coke presently serves on the boards of the of terrorism was bad policy and endangers the Mr. PERLMUTTER. Mr. Speaker, I rise Planning and Conservation League Founda- lives of Americans at home and abroad. today to recognize and honor Oscar Reiss, tion and the California Council of Land Trusts.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.013 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1204 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 Coke has strong roots in San Joaquin Val- I recognize and applaud her for utilizing her Tuesday, September 6, 2016. Weather across ley and is the founding member of the San talents to better both her community and the the Midwest delayed my flight to Washington, Joaquin River Parkway and Conservation great state of Iowa. I invite my colleagues in DC until after votes had been called. Had I Trust, and she has served as President of the House to join me in congratulating Eileen been present, I would have voted in favor of Board of Directors for twenty years. Most re- Wixted on receiving this esteemed designa- H.R. 5578 and H.R. 3881. cently Coke was elected Chairman of the new tion, thanking those at Business Record for f San Joaquin River Parkway and Conservation their great work, and wishing Ms. Wixted a Trust Board. long and successful career. LOOKING BACK OVER THE PAST 13 YEARS OF THE CATALINA IS- In addition to all her career accomplish- f ments she also has numerous awards includ- LAND CONSERVANCY ing the YWCA Business and Professional IN RECOGNITION OF KELLER HIGH Women of the Year, the Fresno Arts Council SCHOOL SOFTBALL WINNING THE HON. ALAN S. LOWENTHAL 6A STATE CHAMPIONSHIP Horizon Award, and the NSFRE Outstanding OF CALIFORNIA Philanthropist and Volunteer Fund Raiser. In HON. MICHAEL C. BURGESS IN THE HOUSE OF REPRESENTATIVES 2002, she received an Honorary Doctorate of Wednesday, September 7, 2016 Humane Letters from California State Univer- OF TEXAS sity Fresno, and in 2005 she was selected by IN THE HOUSE OF REPRESENTATIVES Mr. LOWENTHAL. Mr. Speaker, as Dr. Ann the Jefferson Awards Board to receive the Wednesday, September 7, 2016 M. Muscat retired on June 25, 2016 as presi- Jacquiline Kennedy Onassis Award for ‘‘Out- dent and CEO of the Catalina Island Conser- Mr. BURGESS. Mr. Speaker, I rise today to vancy, it is important to step back and look standing Community Service Benefiting Local honor the Keller High School softball team, Communities.’’ over her successful tenure. She has served as winners of the Texas UIL state championship president and CEO for more than 13 years— Mr. Speaker, it is with great pleasure that I in the 6A conference. The Indians defeated ask my colleagues to join me as we honor and the second longest tenure of any previous Pearland High School on June 4th with a final Conservancy president. celebrate Coke Hallowell for her dedication to score of 5–0. This is the third state champion- the arts, her community, and education. I am ‘‘Ann and the Conservancy have achieved a ship in the school’s history. Keller ISD Ath- lot,’’ said Los Angeles County Supervisor Don grateful to have had the opportunity to work letics Hall of Fame teams also took home the with Coke and witness firsthand her giving Knabe. ‘‘I’ve had the great pleasure of working state championship title in both 2003 and with Ann and her team, all of them consum- spirit and commitment to causes near to her 2005. heart. She is a true steward of the San Joa- mate professionals who are dedicated to get- Bryan Poehler, head coach of the Indians, ting things done.’’ quin Valley and we are grateful for her service was named 2016 All-Area Softball ‘‘Coach of and the lasting impact of her efforts in the Val- ‘‘Under Ann’s leadership, the Conservancy the Year’’ by the Dallas Morning News. All has become a living laboratory of innovation in ley. spring, Coach Poehler pushed his team to f conservation, education and financial sustain- prepare for the anticipated difficult season ability for nonprofit organizations,’’ said Cat- TRIBUTE TO EILEEN WIXTED ahead. The advancements made in practice alina Island Conservancy Board of Directors and during the course of competition resulted Chair Stephen Chazen, PhD. ‘‘The Conser- HON. DAVID YOUNG in players being recognized for their achieve- vancy has significantly improved the Island’s ments at both the district and state levels. ecological health, greatly increased access to OF IOWA Kaylee Rodgers, senior pitcher for the Keller Catalina’s wildlands and expanded and en- IN THE HOUSE OF REPRESENTATIVES Indians, was awarded numerous accolades hanced its educational programs to better throughout the season. She was recognized Wednesday, September 7, 2016 serve students living in Avalon and visitors as a 1st team All-American pitcher, UIL State Mr. YOUNG of Iowa. Mr. Speaker, I rise from the mainland.’’ today to congratulate and recognize Eileen All-Tournament pitcher, Dallas Morning News Here is a look back at how the Conservancy Wixted, Owner and Principal for Wixted & All-Area pitcher of the year, Texas Girls and its stewardship of Catalina Island have Company for being named a 2016 Women of Coaches Association All-State pitcher, and flourished since Muscat joined the organiza- Influence honoree as CAPTRUST Woman was named MVP of the state game after pitch- tion in 2003: Business Owner of the Year by the award-win- ing a shut-out. In addition, Kaylee’s teammate, During Ann’s 13-year tenure, and through its ning central Iowa publication, Business senior catcher Shelby Henderson, was chosen Catalina Habitat Improvement and Restoration Record. as a 2nd team All-American for the 2015– Program (CHIRP), the Conservancy staff has For 17 years, the Business Record has un- 2016 season, 1st team for the Dallas Morning completed vegetation mapping of the entire Is- dertaken an exhaustive annual review to iden- News All-Area Team, and was awarded UIL land, including non-native and invasive plant tify a standout group of women who have State All-Tournament catcher. Other acco- species. It has controlled and eradicated nu- made a significant difference in business, civic lades granted to individual players included merous invasive plant species that were elimi- and philanthropic endeavors throughout the 2nd basewoman Camryn Woodall receiving nating native and rare biodiversity. It also ex- Greater Des Moines Area. Ms. Wixted has de- the title as a 1st team All-American for the panded the native plant nursery’s scope to in- voted her life to doing so many challenges 2015–2016 season, UIL State All-Tournament clude landscaping initiatives on the Island, which many others might avoid. She has 2nd basewoman, and 1st team Dallas Morning along with restoration, and significantly ex- spent countless hours on various boards while News All-Area Team. Additionally, Amanda panded the native seed collection. blazing a trail for others to follow. She was se- Desario was awarded UIL State All-Tour- The Conservancy has been a leader in re- lected for the chosen field of expertise, the nament outfielder and 1st team Dallas Morn- moving non-native and highly destructive ani- lasting impact on the community, involvement ing News All-Area Team. mal species from the Island, leading to the re- Congratulations to the Keller Indian Softball with civic or nonprofit organization and being discovery of native plants previously believed team! The Indians were able ambassadors for seen as a role model because of her lofty to be extinct. It also brought the Catalina Is- Keller High School and effectively advanced achievements and high ethical standards. land fox back from the brink of extinction and the athletic achievements of Keller ISD. It is Eileen Wixted has the determination and supported the successful recovery of the bald my privilege to represent such an outstanding drive to be successful in anything she does. eagle. She is nationally recognized as an expert in group of student athletes in the U.S. House of Its wildlife biologists have implemented inno- strategic communication and crisis manage- Representatives. vative social (repatriation) and scientific meth- ment. For over 20 years, Ms. Wixted has ac- f odologies (contraception) for managing the tively assisted clients manage potentially PERSONAL EXPLANATION bison herd. They also have conducted bird brand-damaging issues and prepared them for and small mammal surveys, discovering nest- the media, shareholder meeting and govern- HON. RON KIND ing sea birds on cliffs and nearby rocks, and ment investigations. In all aspects of her life implementing protective measures for bat pop- OF WISCONSIN Eileen Wixted is an example of hard work and ulations. IN THE HOUSE OF REPRESENTATIVES service who makes Iowans proud. In addition, the Conservancy has pursued Mr. Speaker, it is a profound honor to rep- Wednesday, September 7, 2016 research partnerships with universities and resent leaders like Eileen Wixted in the United Mr. KIND. Mr. Speaker, I was unable to museums from across the country, including a States Congress and it is with great pride that have my votes recorded on the House floor on multi-institution collaboration that resulted in a

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.016 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1205 comprehensive look at the Island’s oak wood- housing, adding 14 new units, to support re- lations that have a 360-degree live-fire capa- lands. cruitment and retention of staff. bility for small arms. Its state-of-the-art ranges, Working with the Long Beach Unified The Board of Directors and the Conser- training areas, and facilities support year- School District, the community and philan- vancy’s staff have worked together to develop round joint, multi-component, and interagency thropic organizations, the Conservancy has a strategic vision for the organization’s future, training. greatly increased access to natural and intel- called IMAGINE CATALINA. They worked with In its early history, the installation had five lectual resources over the past 13 years. It im- nationally recognized sustainability architect airstrips that were used during WWII to trans- plemented extensive educational enrichment William McDonough and landscape architect port troops, supplies and the wounded. Wil- and internship programs for the local school Thomas Woltz to develop a long-term strategic liam Randolph Hearst’s Milpitas Ranch House, population through the establishment of the K– vision. commonly referred to as ‘‘The Hacienda’’, was 12 NatureWorks workforce development and It imagines an Island that represents Cali- used as the post headquarters. The Army has STEM education initiative. fornia as it can be, demonstrating how nature maintained and preserved the building de- In its continuing service to the local commu- and humans can thrive together. It envisions signed by renowned California architect Julia nity, the Conservancy provided free access to Catalina and the Conservancy serving as Morgan, which is on the National Register of the wildlands of Catalina for Island families models for science-based conservation, for without vehicles. It implemented a free of training tomorrow’s stewards of the natural Historic Places. Today, the historic building is charge Naturalist Training Program for tour world, for connecting people to nature and for a hotel and enjoyed by the public as a tourist operators and local businesses, as well as creating sustainable finances and operations. attraction. Conservancy front line staff. To implement IMAGINE CATALINA, the During the 1970s, Fort Hunter Liggett was To ensure visitors to the Island could ac- Board and staff launched the Conservancy’s the home of the Combat Development and Ex- cess the wildlands and learn about Catalina’s first-ever capital campaign, and they are more perimentation Center which provided critical ecosystem, the Conservancy created the 37.5 than three-fourths of the way to fully funding testing and fielding of new weapons and war- mile Trans-Catalina Trail. It also has secured the first phase. They celebrated the fare techniques, such as the Cobra Attack funding and developed plans for further trail groundbreaking for the campaign’s flagship Helicopter and M16 Assault Rifle. The 4th and improvements and expansions. project, the Trailhead Visitor Center, on June 7th Infantry Divisions used the installation as It significantly expanded and improved the 24, 2016. Another groundbreaking is sched- their primary training grounds, as well as Army Jeep Eco-Tour program and developed a sign- uled on October 14, 2016 for the next major Reserve and National Guard units. age and way finding system across the Island. project, improvement and expansion of Cat- Today, Fort Hunter Liggett primarily serves It added new running and biking events, an Is- alina’s trail system, and planning is well under- as a world class training platform for Army Re- land Ecology Travel Program and Wild Side way for a major ecological restoration effort on Art Program to increase access and aware- serve combat support and combat service the Island’s West End. support training and large-scale exercises. ness. In addition, it increased volunteer pro- ‘‘Ann and her team’s excellent stewardship Fort Hunter Liggett is funded by the U.S. Army gram initiatives to include AmeriCorps, Amer- work at the Catalina Island Conservancy is Reserve and falls under the command of the ican Conservation Experience and numerous leading edge and has served as a model for U.S. Army Installation Management Com- university-level spring break programs. many other land trusts,’’ said California Coun- mand. So that visitors and others had more infor- cil of Land Trusts Executive Director Darla mation about Catalina Island and the Conser- Guenzler. Fort Hunter Liggett is also a leader in meet- vancy, it added a Nature Center in Avalon and Ann has also been a leader beyond Cat- ing the Department of Defense 2020 Net Zero a Mobile Nature Station that has served Ava- alina. She was a founding Board member of Initiative. The Energy Conservation Investment lon and Two Harbors, along with interpretive the California Council of Land Trusts and Program established Fort Hunter Liggett as a panels in the Garden and at campgrounds and served as its Chair of the Board. She is also prototype since it will be the first installation to trailheads. The Conservancy also expanded a member of the Steering Committee for the achieve Net Zero goals. As one of nine pilot and revamped its outreach and marketing ma- Southern California Open Space Council and installations chosen by the Assistant Secretary terials, including maps, field guides, monthly an Advisory Board member of University of of the Army for Installations, Energy and Envi- e-newsletters, videos, an extensive photo li- Southern California’s Wrigley Institute for Envi- ronment, the Garrison has installed solar pan- brary and expanded web site. ronmental Studies. els and energy storage systems, upgraded the To serve a greater good beyond Catalina’s f waste water treatment plant, demolished Ko- shores, the Conservancy launched a success- rean War-era buildings to conserve energy ful radio show and web site, Isla Earth, on en- FORT HUNTER LIGGETT consumption, and ensured that all new con- vironmental issues that aired for 10 years on struction meets the Leadership in Energy and over 320 radio stations across the country. HON. SAM FARR Environmental Design standards. In addition, To provide the needed programs and en- OF CALIFORNIA Fort Hunter Liggett has partnered with the sure the organization’s long-term financial IN THE HOUSE OF REPRESENTATIVES County of Monterey to field a waste-to-energy health, the Conservancy has focused on rais- gasification plant. ing revenues and creating a sustainable busi- Wednesday, September 7, 2016 Since 1941, countless numbers of troops ness model that will ensure the Island will con- Mr. FARR. Mr. Speaker, I am pleased to have come through Fort Hunter Liggett to train tinue to be restored and protected for future bring to my colleagues’ attention the seventy- for their deployments to support WWII, the Ko- generations. fifth anniversary of Fort Hunter Liggett, Cali- In the past 13 years, the Conservancy has fornia. On December 12, 1940, the War De- rean War, the Vietnam War, the Cold War, increased its operating budget nearly three partment purchased 266,950 acres of land be- and today’s war on global terrorism. The Fort times through an increase in philanthropic giv- tween the Salinas River and the Pacific Ocean Hunter Liggett military and civilian workforce ing and mission-based earned income. It has from William Randolph Hearst, in anticipation proudly serves all branches of the Armed significantly expanded its donor base and cre- of the need to prepare U.S. troops for combat Forces, as well as allied forces. I commend ated a reserve fund to address deferred main- in Europe in 1940. On January 10, 1941, the the Installation for all its role in enabling unit, tenance projects across its 42,000 acres. Hunter Liggett Military Reservation was estab- Soldier, and family readiness. Projects have included improvements at Air- lished and combat troops immediately began Mr. Speaker, for seventy five years, Fort port in the Sky, across its road and bridge training. It is ideally located to provide excel- Hunter Liggett has been an essential training system, a new pier, replacement and expan- lent training opportunities to all U.S. Armed platform for the U.S. Armed Forces, contrib- sion of its vehicle fleet and upgrades to its nu- Forces and allied nations. uting to the security of our nation and merous buildings. From its inception, Fort Hunter Liggett has strengthening international partnerships that The Conservancy also revamped its organi- provided a realistic training environment for build peace. In times of global unrest both zational structure, adding new departments large-scale military exercises for U.S. Armed past and present, Fort Hunter Liggett has and expanding existing functions while pro- Forces. It is the largest installation in the Army demonstrated its capacity to ensure the readi- viding professional development and training Reserve, with more than 165,000 acres of ness of its troops to defend the American for all staff. The Conservancy’s staff has dou- unencroached mountains, valleys, rivers, ideals and freedom. I end with the refrain from bled in size and moved to a more customer plains, and forests, providing ideal maneuver the Army’s Official Song, ‘‘First to fight for the service/community orientation. The Conser- areas to meet today’s training requirements. right, And to build the Nation’s might, And the vancy also expanded and updated employee Fort Hunter Liggett is one of only a few instal- Army goes rolling along.’’

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K07SE8.006 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1206 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 RECOGNIZING SEPTEMBER AS Cook is a lifetime resident of the Fourth achievement. He is being honored as the Phy- NATIONAL PREPAREDNESS MONTH Congressional District. He was born and sician of the Year by the American Osteo- raised in DeKalb County in Fort Payne. It was pathic Foundation. This accolade is des- HON. MADELEINE Z. BORDALLO in Fort Payne that he formed a band with his ignated to an individual whose extraordinary OF GUAM cousins Randy Owen and Teddy Gentry. The accomplishments and service bring a sense of IN THE HOUSE OF REPRESENTATIVES three young men would first call themselves pride to the profession and whose actions pro- Wednesday, September 7, 2016 Wild Country, and then in 1977 they changed mote the science of medicine and the better- the group’s name to Alabama. ment of public health. Ms. BORDALLO. Mr. Speaker, I rise today During the next four decades their group, For his many contributions to my commu- to recognize the month of September as Na- Alabama, would become one of the best-sell- nity, and to the greater national healthcare tional Preparedness Month. I commend the ing music groups in history. Fans of Alabama community, I would like to recognize Dr. Guam Homeland Security/Office of Civil De- have bought more than 75 million albums and James M. Lally here on the House floor today. fense (GHS/OCD), first responders and all singles. They were named the 1980s Enter- f community organizations, local government tainers of the Decade. HONORING COACH STAN SLABY agencies, our military partners, and advocates Then, in 2004, Jeff formed the Allstar Good who work to raise awareness and stress the Time Band. Jeff plays backup to his wife, Lisa, importance of emergency preparedness in our who also sings. Jeff and Lisa spend a great HON. THOMAS MacARTHUR community. deal of their time in Guntersville, Alabama, OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES The National Preparedness Month theme for which is in the heart of the Fourth Congres- 2016 is ‘‘Don’t Wait. Communicate. Make your sional District. It is where, each year, Jeff is Wednesday, September 7, 2016 emergency plan today.’’ National Prepared- honored for his birthday with the Jeff Cook Mr. MACARTHUR. Mr. Speaker, I rise today ness Month serves as a reminder that we all Days. to honor the memory and life of Coach Stan must take action to prepare, now and through- On behalf of the citizens of the Fourth Con- Slaby, of the Third Congressional District, and out the year, for the types of emergencies that gressional District of Alabama, I commend, to express my sincerest condolences to his could affect us where we live, work, and also recognize and honor Jeff for his accomplish- family and loved ones he has left behind, as where we visit. Guam joins the national cam- ments and the work he has done and for well as to recognize his career of service and paign throughout the month of September to being a positive image for Alabama, and for community engagement. stress the importance of planning and pre- his dedication to his home state. Also, I want Coach Slaby was a beloved educator at Ad- paring for natural, man-made and techno- to take this opportunity to wish him a very miral Farragut Academy for 39 years at its logical disasters. National Preparedness happy birthday and many more. northern campus in Pine Beach, New Jersey. Month gets everyone in the community in- f He was born in 1924 to Polish immigrants and volved to build a sager, more prepared island enlisted in the United States Navy almost im- community. IN RECOGNITION OF DR. JAMES M. mediately after graduating high school. He re- I call upon our community to do our part to LALLY ceived the Navy & Marine Corps medal for ensure that we are prepared for any emer- saving a drowning marine in the sea at Nor- gency that may occur. Family members may HON. NORMA J. TORRES mandy on June 9th of 1944 and continued on not all be together when a disaster strikes so OF CALIFORNIA to receive four more service medals before it is important to work in our individual families IN THE HOUSE OF REPRESENTATIVES being honorably discharged in April of 1946. to create a plan. National Preparedness Month After resuming his education and receiving also encourages businesses, schools and Wednesday, September 7, 2016 his BA in History with a Minor in Physical Edu- communities to take the steps to prepare. Mrs. TORRES. Mr. Speaker, I rise today to cation, Coach Slaby was hired by Admiral Far- Additionally, I commend the Guam Home- honor Dr. James M. Lally for his dedicated ragut Academy where he taught history and land Security/Office of Civil Defense along service to the medical community in the Inland eventually became the full-time Athletic Direc- with our island’s numerous community part- Empire and across the United States. tor. Coach Slaby coached many great teams ners, organizations and agencies that have Dr. Lally is the President and Chief Medical and outstanding student-athletes, won coach- come together to actively promote, educate, Officer at the Chino Valley Medical Center in ing awards, and was admired by his peers. He and provide resources for our people through California’s 35th district where he leads by ex- is remembered fondly for his teachings and various programs and initiatives. Guam Home- ample and works tirelessly every single day to legacy of discipline, self-reliance, and respect land Security/Office of Civil Defense carries give back to his community. In my district that his coaching philosophy was centered out the mission of coordinating and facilitating alone, he oversees the sports medicine pro- upon. all Government of Guam, military and Federal grams of four local high schools in the Chino Mr. Speaker, the people of New Jersey’s liaison response agencies and their resources Valley Unified School District; is a member of Third Congressional District are tremendously in mitigating, preparing, responding, and re- the YMCA Board of Directors; serves as med- honored to have had Coach Stan Slaby as a covering from any and all types of emer- ical director for clinics in Chino and Montclair; selfless and dedicated member of their com- gencies in order to protect the lives, environ- and serves on the Board of Trustees for Chino munity, whose coaching legacy and vivacious ment, and property of the island of Guam. Valley Medical Center and Montclair Hospital spirit will never be forgotten. It is with a heavy On behalf of the people of Guam, I join Medical Center. heart that I commemorate his honorable serv- Guam Homeland Security/Office of Civil De- Dr. Lally is also committed to educating the ice to our nation, as well as his coaching ca- fense and all local government agencies, our next generation of physicians, serving as a reer and life, before the United States House military partners, organizations and advocates clinical professor of family medicine at West- of Representatives. in recognizing survivors on Guam and com- ern University of Health Sciences, College of f mending those who assist in building a strong- Osteopathic Medicine in Pomona, California, MOMENT OF SILENCE FOR VIC- er, safer and more prepared island commu- and at Touro University California, College of nity. TIMS OF AUGUST FLOODS IN Osteopathic Medicine, in Vallejo. LOUISIANA f However, Mr. Speaker, his generous char- HONORING ALABAMA MUSIC acter and service reaches far beyond my dis- trict and the state of California. Dr. Lally is a HON. CHARLES W. BOUSTANY, JR. LEGEND JEFF COOK OF LOUISIANA past President of the American Osteopathic IN THE HOUSE OF REPRESENTATIVES HON. ROBERT B. ADERHOLT Association and currently serves on the Board of Trustees for the Association. Dr. Lally also Wednesday, September 7, 2016 OF ALABAMA serves as the team physician as well as the IN THE HOUSE OF REPRESENTATIVES Mr. BOUSTANY. Mr. Speaker, I rise today President of the USA Shooting Team. He is with a heavy heart in the aftermath of a trying Wednesday, September 7, 2016 the Chairman of the Medical Committee of the and challenging time felt throughout Louisiana, Mr. ADERHOLT. Mr. Speaker, I want to rec- International Shooting Sports Federation and a where 13 of our own lost their lives as a result ognize Alabama country music legend Jeff member of the International Olympic Medical of the recent flooding. Cook in honor of his birthday and the music Committee. The rain started falling on August 10th and festival named in his honor in Guntersville, Today, Mr. Speaker, it is my honor to recog- continued for weeks. Water rose up to roof- Alabama. nize Dr. James M. Lally for yet another lifetime tops, families lost most of their possessions,

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K07SE8.008 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1207 schools were damaged, and as the water has Achievement of Excellence in Procurement time to congratulate twenty-five individuals continued to recede, the extent of devastation Award from the National Procurement Insti- who will take their oath of citizenship on Fri- is still being realized. It was most definitely a tute. day, September 16, 2016. This memorable oc- flood of historic proportions. The Loudoun County Division of Procure- casion, presided over by Judge Philip Simon, Louisiana is known for its joie de vivre: we ment has worked tirelessly to achieve this will be held at the United States Courthouse work together, we play, fish and hunt together, award consecutively for the past 18 years. and Federal Building in Hammond, Indiana. and this event showed just how strong that Loudoun County is one of only nine govern- America is a country founded by immi- community spirit shines throughout our state. ment agencies in Virginia and one of only 48 grants. From its beginning, settlers have come We came together to volunteer at shelters, counties in the United States and Canada to from countries around the world to the United dispatch our own ‘‘Cajun Navy’’ in rescue ef- receive this important award. By skillfully ac- States in search of better lives for their fami- forts, lend hands to gut flood-stained homes, quiring all goods and services, including pro- lies. Oath ceremonies are a shining example and donate millions of dollars to post storm re- fessional services and construction for of what is so great about the United States of lief efforts. Loudoun County Government operations, the America—that people from all over the world It has been said before, and remains true, LCDP has continued to exude excellence. can come together and unite as members of Louisianans are resilient. We have persevered This has helped many businesses throughout a free, democratic nation. These individuals before and we will again. Loudoun to receive the tools they need to ad- realize that nowhere else in the world offers a Unfortunately, this tragic event resulted in vance and prosper. better opportunity for success than here in the death of 13 individuals—two deaths in Liv- This accolade exemplifies the great levels of America. ingston Parish, two in St. Helena, five in East service which the division provides to its citi- On September 16, 2016, the following peo- Baton Rouge, three in Tangipahoa and one in zens. The LCDP has succeeded in its mission ple, representing many nations throughout the Rapides Parish. to provide resources and strengthen the eco- world, will take their oaths of citizenship in As our community begins to recover from nomic stability of the Loudoun County area Hammond, Indiana: Jolly Rameshchandra this devastation, I simply ask my colleagues to and has successfully created an environment Joshi, Placido Agustin Lopez Garcia, Gun stand with me, my colleagues from our Lou- which conveys expertise and excellence. I am Margaret Porter, Mei Han, Huong Ngoc Kha, isiana delegation, and with the State of Lou- certain that it has the resources and the back- Albino Akon Ibrahim Akon, Sergio Alaniz, isiana for a moment of silence in remem- ing to continue this trend and live up to its rep- Rozeta Bajmakoska, Anjin Balleza Carter, brance of those we lost. utation. Patty Ann Veronica Cornwall, Morten Ring Eskildsen, Shylaja Balakrisnan, Balakrishnan f Mr. Speaker, this is an institution which helps the American people to thrive and to live Rajagopala Iyer, Jihwan Jeff Jeong, Vania JESSICA NOFFSINGER out their aspirations within Loudoun. It em- Nshuti Kagabo, Elizabeth Lopez de Martinez, bodies accomplishing the American dream by Pedro Martin Marin, Celia Martinez de HON. ED PERLMUTTER giving our citizens a chance to let their ideas Campos, Patricia Navarrete-Arceo, Yejee Oh, Pamellah Akinyi Otieno Owilli, Ericka OF COLORADO grow. I would ask my colleagues to join me in Alejandra Sanchez, Oretha Fannie Smith, Abel IN THE HOUSE OF REPRESENTATIVES congratulating the Loudoun County Division of Procurement. I wish this institution continued Soto, and Shuhui Grace Yang. Wednesday, September 7, 2016 success in the future. Although each individual has sought to be- come a citizen of the United States for his or Mr. PERLMUTTER. Mr. Speaker, I rise f today to recognize and applaud Jessica her own reasons, be it for education, occupa- Noffsinger, teacher at the STEM Magnet Lab TRIBUTE TO BARB AND LANNY tion, or to offer their loved ones better lives, School in Northglenn, CO, for her 2016 Presi- WALKER each is inspired by the fact that the United dential Award for Excellence in Mathematics States of America is, as Abraham Lincoln de- and Science Teaching (PAEMST). HON. DAVID YOUNG scribed it, a country ‘‘. . .of the people, by the The PAEMST program, administered by the OF IOWA people, and for the people.’’ They realize that National Science Foundation on behalf of the IN THE HOUSE OF REPRESENTATIVES the United States is truly a free nation. By seeking American citizenship, they have made White House Office of Science and Tech- Wednesday, September 7, 2016 nology Policy, recognizes outstanding teach- the decision that they want to live in a place Mr. YOUNG of Iowa. Mr. Speaker, I rise ers for their contributions to the teaching and where, as guaranteed by the First Amendment today to recognize and honor Barb and Lanny learning of mathematics and science. Jessica of the Constitution, they can practice religion Walker of Council Bluffs, Iowa, on the very has been an active teacher at the STEM Mag- as they choose, speak their minds without fear special occasion of their 50th wedding anni- net Lab School and has played an integral of punishment, and assemble in peaceful pro- versary. They were married on June 4, 1966 role in ensuring her students are prepared test should they choose to do so. at Henderson Christian Church in Henderson, with critical thinking and problem-solving skills Mr. Speaker, I respectfully ask you and my Iowa. that are vital to their future success. other distinguished colleagues to join me in Barb and Lanny’s lifelong commitment to congratulating these individuals who will be- Jessica’s dedication to teaching and com- each other, their children and grandchildren mitment to her students serves as a role come citizens of the United States of America truly embodies Iowa values. As they reflect on on September 16, 2016. They, too, are Amer- model for other teachers and is exemplary of their 50th anniversary, I hope it is filled with the type of achievement that can be attained ican citizens, and they, too, are guaranteed happy memories. May their commitment grow the inalienable rights to life, liberty, and the with hard work and perseverance. even stronger as they continue to love, cher- I extend my deepest congratulations to Jes- pursuit of happiness. We, as a free and demo- ish, and honor one another for many years to cratic nation, congratulate them and welcome sica Noffsinger for her PAEMST Award and come. for representing the great State of Colorado them. Mr. Speaker, I commend this great couple f on a national level. I have no doubt she will on their 50th year together and I wish them exhibit the same dedication and character in many more. I know my colleagues in the HONORING ELIZABETH MARY all of her future accomplishments. United States House of Representatives will BURKO f join me in congratulating them on this momen- IN RECOGNITION OF THE LOUDOUN tous occasion. HON. JARED HUFFMAN COUNTY DIVISION OF PROCURE- f OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES MENT RECOGNIZING NORTHWEST INDIANA’S NEWEST CITIZENS Wednesday, September 7, 2016 HON. BARBARA COMSTOCK Mr. HUFFMAN. Mr. Speaker, I, along with OF VIRGINIA HON. PETER J. VISCLOSKY my colleague, Representative MIKE THOMP- SON IN THE HOUSE OF REPRESENTATIVES OF INDIANA , rise today in memory of Elizabeth ‘‘Liz’’ Mary Burko who gave nearly thirty years of IN THE HOUSE OF REPRESENTATIVES Wednesday, September 7, 2016 service to the California Department of Parks Mrs. COMSTOCK. Mr. Speaker, I rise to ac- Wednesday, September 7, 2016 and Recreation, and whose career was re- knowledge the Loudoun County Division of Mr. VISCLOSKY. Mr. Speaker, it is with cently commemorated by a bridge dedication Procurement (LCDP) which has received the great pleasure and sincerity that I take this in her name in Bodega Bay, California.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.022 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1208 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 Liz died tragically on Saturday, August 22, Flat World Supply Chain provides solutions MR. LOGAN PATE WINS TEXAS 2015 in Duncan Mills, California, cutting short that are delivered through proprietary software JUNIOR STATE CHAMPIONSHIP a career dedicated to our state’s public lands. that is customizable to each client’s needs. Liz began her career as a volunteer interpreter The software has the ability to integrate with HON. PETE OLSON at An˜o Nuevo State Reserve and serving as a almost any Enterprise Resource Planning or OF TEXAS Park Aide. For half of her career, she worked operating system. Prologue Technology was IN THE HOUSE OF REPRESENTATIVES as a ranger in several state parks including founded by Rothermich and Ferrell in 2008; Wednesday, September 7, 2016 Lake Perris State Recreation Area and parks this service provides a custom technology tool in the Santa Cruz District. Her strong leader- that typically involves logistics and improving Mr. OLSON. Mr. Speaker, I rise today to ship and deep commitment to parks was ap- business processes through various tech- congratulate Richmond native Logan Pate for parent. She was promoted to Supervising nologies. In 2011, Flat World Hospitality was winning the 90th Texas Junior State Cham- Ranger at Big Basin Redwoods State Park created to expand their logistical services to pionship. After ending two rounds in a three-way tie and then to Sector Superintendent in the the hotel and hospitality industry. The year for first place during the local golf tournament, North Coast Redwoods District. In 2007, she 2013 was an exciting year for Flat World Sup- Logan beat two brothers in the sudden-death was promoted again to District Superintendent ply Chain as it moved to their current office lo- playoff hole. Getting par in that last hole put of the Sonoma-Mendocino Coast District. cation in O’Fallon, Missouri. In 2015, Flat him over the edge past the competing broth- As a leader, Liz was a mentor, helping to World Supply Chain purchased Ram Inter- ers, securing this impressive win. Logan is a enhance her team’s professional development. national, a St. Louis based international freight recent graduate from William B. Travis High She had a deep commitment to protecting forwarder and U.S. Customs House Brokers School and is no stranger to placing first, hav- public lands and sharing nature with the pub- that was founded in 1982, and Ram Custom ing won the 2016 UIL Region 3–6A individual lic, and she was dedicated to the mission of Crating, a custom crating company that spe- title. He will continue his promising golf career the California State Parks: providing for the cializes in building wooden crates for export of health, inspiration, and education of Califor- at the University of Arkansas-Little Rock. any size for transport around the world. In On behalf of the Twenty-Second Congres- nians while protecting the state’s natural and January of 2016, Flat World Supply Chain, sional District of Texas, congratulations again cultural resources and creating opportunities Ram International, Prologue Technology, and to Logan Pate for winning the 90th Texas Jun- for high-quality recreation. She held this mis- Ram Custom Crating formed Flat World Hold- ior State Championship. Thank you for bring- sion to heart and executed her duties with pro- ings as their operating company. The Flat ing this prestigious honor to Richmond. I wish fessionalism and respect. Her advocacy to World Supply Chain office expanded in July him success on the links in his impressive golf keep parks open during state budget cuts is a 2016 to welcome Ram International freight for- career. testament to her passion and commitment. warding and U.S. Customs House Brokerage Liz fostered strong working relationships staff into the expanded office. f with nonprofits like LandPaths for assistance Flat World Supply has been recognized on CONGRATULATING YEOMAN CHIEF with management of the Willow Creek Addition numerous occasions, starting in 2014 with NATHANIEL L. ROUNDY ON 22 to the Sonoma Coast State Park. She saw the being named the ‘‘Fastest Growing’’ privately YEARS OF HONORABLE SERVICE great value in leveraging community resources held company in St. Louis by the St. Louis IN THE U.S. NAVY for the benefit of parks and its users. Business Journal. In 2014 and 2015, it was She will be forever missed for her integrity, recognized by Inc. Magazine as one of the HON. MADELEINE Z. BORDALLO generosity, sense of humor, unmatched work ‘‘Fastest Growing’’ companies in the United OF GUAM ethic, and warm smile. Her love and devotion States. Small Business Monthly recognized IN THE HOUSE OF REPRESENTATIVES to parks will continue on in the many lives she Flat World Supply Chain as ‘‘Leader in Tech- Wednesday, September 7, 2016 has touched, the policies she has influenced nology’’ in 2015. while serving at the California Department of Ms. BORDALLO. Mr. Speaker, I rise today Parks and Recreation, and now the bridge I ask you to join me in recognizing Flat to recognize and congratulate Yeoman Chief dedication in her honor at the Bodega Bay World Supply Chain on their 10th anniversary. Nathaniel L. Roundy, who is retiring from the Coastal Prairie that will be enjoyed by many The services it provides and commitment it Navy after 22 years of honorable service. This visitors for years to come. has to its clients is what sets Flat World Sup- career U.S. Navy Flag Writer is from Mystic, It is therefore appropriate that we pay tribute ply Chain apart in this field. Best of luck in the Connecticut, and the son of a U.S. Naval to Liz today for her enduring legacy and ex- future to the owners of Flat World Supply Academy graduate. Chief Roundy graduated press our deepest condolences to her family Chain, Jeff Rothermich and Kirk Ferrell. from Choate Rosemary Hall and joined the and friends. U.S. Navy in 1994, attending Recruit Training f f Command Great Lakes followed by Yeoman training in Meridian, Mississippi. HONORING FLAT WORLD SUPPLY PERSONAL EXPLANATION Chief Roundy has served onboard two air- CHAIN ON THEIR 10TH ANNIVER- craft carriers, USS Independence (CV 62) and SARY ´ USS Kitty Hawk (CV 63), both forward de- HON. LUIS V. GUTIERREZ ployed to Yokosuka, Japan. While serving on HON. BLAINE LUETKEMEYER OF ILLINOIS these ships, he earned designation as both an OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Enlisted Surface Warfare and Enlisted Aviation IN THE HOUSE OF REPRESENTATIVES Warfare specialist and served in multiple posi- Wednesday, September 7, 2016 tions including Air Department Leading Yeo- Wednesday, September 7, 2016 ´ man and Executive Officer’s Yeoman. He also Mr. LUETKEMEYER. Mr. Speaker, I rise Mr. GUTIERREZ. Mr. Speaker, I was un- earned the distinction of being the only Third today to honor a business in my district, Flat avoidably absent in the House chamber for Class Petty Officer and non-Damage Control World Supply Chain, LLC. It is celebrating votes on Tuesday, September 6, 2016. Had I rating Sailor to qualify and serve as an aircraft their 10th anniversary on September 16, 2016. been present, I would have voted ‘‘yea’’ on roll carrier repair locker investigator. In 2006, this business was founded by St. call votes 479 and 480. After brief service with the Navy’s Pacific Charles County residents, Jeff Rothermich and I strongly support the passage of H.R. 5578, Board of Inspection and Survey in San Diego, Kirk Ferrell. Two employees and one client the Survivors’ Bill of Rights Act of 2016, which California, Chief Roundy attended Yeoman made up the first Flat World Supply Chain of- takes an important and much-needed step in Class ‘C’ Flag Writer School in Millington, Ten- fice that was located in St. Peters, Missouri. ensuring that survivors of sexual assault will nessee, and served as the Flag Writer to Rear Today, there are sixty-three employees at the have access to the administration of a rape kit Admiral Tom S. Fellin, Commander, U.S. current office location in O’Fallon, Missouri. It as well as rights to have that kit preserved, to Naval Forces Marianas in Apra Harbor, Guam. has several hundred clients throughout the be informed of the results, and to be notified Remaining in the South Pacific, Chief Roundy United States in addition to many international of intended disposal of that kit. Although the then served Rear Admiral Patrick W. Dunne, clients. Currently, Flat World Holdings includes rape kit backlog still overwhelms forensic labs the Department of Defense Representative to four operating companies; Flat World Supply throughout the country, this bill takes concrete Guam, the Commonwealth of the Northern Chain, Prologue Technology, Ram Inter- steps to empower survivors to be informed of Mariana Islands, Federated States of Micro- national, and Ram Custom Crating. and make decisions regarding key evidence. nesia, and Republic of Palau. He transferred

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K07SE8.020 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1209 with Rear Admiral Dunne to Monterey, Cali- commended for their hard work, commitment, General place on working collaboratively fornia, and continued his service as Admiral professionalism, teamwork, support of House across House organizations to strengthen and Dunne’s Flag Writer at Naval Postgraduate Members and their staffs and constituents, protect the U.S. House of Representatives. School. Following Rear Admiral Dunne’s re- and for their contributions day-in and day-out These awardees have demonstrated a col- tirement, Chief Roundy joined the staff of Rear to the overall operations of the House. These laborative attitude, commitment to achieving Admiral William D. French, Commander, Navy employees possess a wide range of respon- team objectives, respect and support of their Region Northwest in Silverdale, Washington. sibilities and skills that support the legislative teammates, and dedication to the betterment He returned to Guam when Rear Admiral process, ensure the security of the institution, of House operations. We honor the individuals French assumed command of Navy Region maintain our technology and service infrastruc- named below for receiving this distinguished Marianas and followed Rear Admiral French to ture, and contribute to a more effective and award. San Diego at Navy Region Southwest and proficiently operating House support structure. Toinetta A. Bridgeforth, Office of the Chief subsequently during Vice Admiral French’s These dedicated employees have accom- Administrative Officer; command of Navy Installations Command in plished many great things in a wide range of Curt Coughlin, Office of the Sergeant at Washington, D.C. He currently serves as Flag activities, and the House of Representatives, Arms; Writer to Vice Admiral Dixon R. Smith, Com- its Members, staff, and the American public is Robin Reeder, Office of the Clerk; mander, Navy Installations Command at the better served because of them. Susan E. Simpson, Office of Inspector Gen- Washington Navy Yard in Washington, D.C. We recognize and honor the individuals eral. During his illustrious career, Chief Roundy named below for 25 years of dedicated serv- On behalf of the entire House community, I was awarded the Joint Service Commendation ice to the House. Collectively, this group has offer our congratulations and once again ac- Medal, six Navy and Marine Corps Com- provided 450 years of service to the U.S. knowledge and thank these employees for mendation Medals, four Navy and Marine House of Representatives: their professionalism and commitment to the Corps Achievement Medals, six Good Conduct Bernard E. Beidel, Office of the Chief Ad- U.S. House of Representatives as a whole, Medals, the Humanitarian Service Medal, and ministrative Officer; and in particular to their respective House Offi- numerous unit, campaign, and service awards. Sherleen V. Boyde, Office of the Chief Ad- cers, the Inspector General, and collabo- Not only has Chief Roundy’s career greatly ministrative Officer; ratively across these organizations. Their long benefitted the Navy, his exemplary service Thomas E. Coyne III, Office of the Chief Ad- hours, hard work, diverse skills, and team spir- during his three assignments in Guam greatly ministrative Officer; it are invaluable, and their years of unwaver- enhanced the Navy’s relationship with the Troy N. Derrington, Office of the Sergeant at ing service, dedication, and commitment to the people and leadership of Guam. He was Arms; House set an example for their colleagues and awarded the Ancient Order of the Chamorri Peggy Fields, Office of the Clerk; other employees who will follow in their foot- from the Governor of Guam in 2009. Addition- John A. Forgione, Office of the Chief Admin- steps. I celebrate our honorees, and I am ally, two of his four children were born on istrative Officer; proud to stand before you and the Nation on Guam, making it a place that he will forever Anthony W. Griffith, Office of the Sergeant their behalf to recognize the importance of remember and cherish his time spent there. at Arms; their public service. On behalf of the people of Guam and a Michelle Jones, Office of the Chief Adminis- f grateful nation, I commend Yeoman Chief Na- trative Officer; thaniel L. Roundy and his family for their ex- Christopher W. Martin, Office of the Chief JENNY SIMPSON traordinary service and sacrifice to the U.S. Administrative Officer; Navy and our country. I extend a sincere with Lisbeth McBride-Chambers, Office of the HON. ED PERLMUTTER deepest gratitude (un dangkulo na si Yu’os Chief Administrative Officer; OF COLORADO ma’ase) and I wish him the best in his retire- James P. Muncy, Office of the Chief Admin- IN THE HOUSE OF REPRESENTATIVES istrative Officer; ment. Wednesday, September 7, 2016 f Patricia A. Rouse, Office of the Chief Ad- ministrative Officer; Mr. PERLMUTTER. Mr. Speaker, I rise RECOGNITION OF EMPLOYEES OF David P. Russell, Office of the Clerk; today to recognize and applaud Jenny Simp- THE OFFICERS AND INSPECTOR Barbara A. Smith, Office of the Sergeant at son for her Bronze Medal finish in the 1500 GENERAL OF THE U.S. HOUSE OF Arms; meter race at the 2016 Rio Olympic Games. REPRESENTATIVES WITH 25 Clayton V. Williams, Office of the Chief Ad- Jenny is the first American woman to win an YEARS OF SERVICE TO THE ministrative Officer; Olympic Medal in this event. HOUSE AND RECIPIENTS OF THE De’Shun Wimberly, Office of the Chief Ad- Jenny is a native of Florida and was an HOUSE EMPLOYEE EXCELLENCE ministrative Officer; eight-time state high school champion. She at- AWARD AND THE OFFICERS’ AND Nei F. Wu, Office of the Chief Administrative tended the Univeristy of Colorado, Boulder INSPECTOR GENERAL’S TEAM Officer; and represented the Buffs winning four NCAA PLAYER AWARD James A. Yerge, Office of the Chief Admin- titles and set five NCAA records. After gradua- istrative Officer. tion, she continued her success where she HON. CANDICE S. MILLER We also recognize and congratulate the took gold in the 2011 World Championships OF MICHIGAN House employees receiving the Employee Ex- and a silver medal in the 2013 World Cham- IN THE HOUSE OF REPRESENTATIVES cellence Award. This is a merit-based award, pionships. She was a member of the U.S. given to an employee from each House Officer Olympic Team in the 2008 Beijing and 2012 Wednesday, September 7, 2016 organization and the Office of Inspector Gen- London Olympic Games. In addition to her Mrs. MILLER of Michigan. Mr. Speaker, eral. Selected employees exhibited out- elite performances, I had the pleasure of work- Ranking Member ROBERT BRADY and I stand standing overall job performance and dis- ing with Jenny while she interned for my office today to recognize the outstanding employees played a willingness to go above and beyond in 2009 and have enjoyed watching her suc- of the Officers (Clerk of the House, Sergeant the call of duty for their organization through- cess ever since. at Arms, and Chief Administrative Officer) and out the last year. We honor the individuals The dedication demonstrated by Jenny the Inspector General of the U.S. House of named below for receiving this prestigious Simpson is exemplary of the type of achieve- Representatives and congratulate those who award. ment that can be attained with hard work and have reached the milestone of 25 years of Kathleen M. Johnson, Office of the Clerk; perseverance. Jenny is a role model for other service to the U.S. House of Representatives, Lisbeth McBride-Chambers, Office of the runners and athletes to strive to make the as well as the recipients of the House Em- Chief Administrative Officer; most of their education and develop a strong ployee Excellence Award and Officers’ and In- Debessa M. Moore, Office of the Sergeant work ethic. spector General’s Team Player Award. at Arms; I extend my deepest congratulations to The House’s most important asset is its ex- Alexander S. Stewart, Jr., Office of Inspec- Jenny Simpson for her Bronze Medal finish at traordinary and dedicated employees, whose tor General. the Rio Olympic Games and for proudly rep- work, which is often behind the scenes, is es- And finally, we recognize and congratulate resenting the great State of Colorado and the sential to keeping the operations and services several House employees being presented the University of Colorado Buffaloes. I have no of the House running efficiently and effectively. Team Player Award. This award recognizes doubt she will exhibit the same dedication and The employees we acknowledge today are the value the House Officers and Inspector character in all of her future endeavors.

VerDate Sep 11 2014 07:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.027 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1210 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 HONORING MRS. ARLENE TAYLOR business, the Giampaoli-Marchini Company. Mr. Speaker, it is my honor to highlight the FOR HER 38 YEARS OF SERVICE Upon founding his own company with his importance of this award and what it rep- TO THE MISSOURI STATE GOV- brother Richard, Joe became the original resents for Ms. Scott and our district. I ask ERNMENT radicchio grower in the United States. that my colleagues join me in congratulating Julie Marchini was born on September 14, Ms. Scott on receiving a Presidential Award HON. BLAINE LUETKEMEYER 1942 in Modesto, California to Jim and Mary for Excellence in Mathematics and Science Louise Thompson. Her family moved to OF MISSOURI Teaching. I wish her all the best in her future Merced when she was ten years old. The fam- IN THE HOUSE OF REPRESENTATIVES endeavors. ily is a staple in the community, as business f Wednesday, September 7, 2016 owners in the area, including Merced area fix- Mr. LUETKEMEYER. Mr. Speaker, I rise ture Helen and Louise Dress Shop. TRIBUTE TO VIOLA AND MYRON today to honor a constituent of mine, Mrs. Ar- Joe and Julie were married 56 years ago ROKER lene Taylor who retired on Thursday, Sep- and purchased a ranch in Le Grand where tember 1, 2016 after thirty-eight years with they raised their three children. They are par- HON. DAVID YOUNG various departments within the Missouri State ents to Lisa, Jeff and Fania. Joe and Julie are OF IOWA Government. Mrs. Taylor most recently proud grandparents to ten, and come this win- IN THE HOUSE OF REPRESENTATIVES worked as a Personnel Officer for the Missouri ter, great-grandparents to six. Wednesday, September 7, 2016 Department of Labor and Industrial Relations/ It has always been important to Joe and Human Resources. Previously, she worked for Julie to have balance between work, family, Mr. YOUNG of Iowa. Mr. Speaker, I rise the Missouri Department of Social Services charity and church. They have been active in today to recognize and honor Viola and Myron and the Missouri Department of Corrections. organizations, such as the Le Grand volunteer Roker of Glenwood, Iowa, on the very special For thirty-two of the thirty-eight years, Mrs. firefighters, Italian Catholic federation and the occasion of their 70th wedding anniversary. Taylor has enjoyed working in the human re- California Tomato Board. Joe has spent many They were married on June 2, 1946 in Bea- sources field. Throughout her time working in hours cooking BBQ for fundraisers, events, trice, Nebraska. human resources, Mrs. Taylor has served and people in need. Viola and Myron’s lifelong commitment to many employees. Some of her responsibilities Julie has volunteered time to Hinds Hos- each other, their seven children, 21 grand- have included career counseling, assisting pice, Our Lady of Lourdes religious education children, 27 great-grandchildren, and one employees preparing for retirement, explaining program, and school activities her family has great-great-grandchild, truly embodies Iowa benefits, and helping employees with disability participated in. values. As they reflect on their 70th anniver- Mr. Speaker, I urge my colleagues to join retirement. sary, I hope it is filled with happy memories. Mrs. Taylor grew up in Linn, Missouri and me in honoring the Marchini Family for their May their commitment grow even stronger, has called Jefferson City, Missouri home for commitment to serving Merced County. The and may they continue to love and cherish the last thirty-four years. Throughout her life- community is grateful for their service and the one another for many years to come. time, Mrs. Taylor has been a member of Ca- impact they have made in the Valley. I con- Mr. Speaker, I commend this great couple thedral of St. Joseph, Missouri Farm Bureau, gratulate the Marchini family for this honor and on their 70th year together and I wish them and the Daughters of Isabella. She has also ask that you join me in wishing them contin- many more. I know my colleagues in the been involved with the Jefferson City Apart- ued success. United States House of Representatives will ment Association and Women’s Auxiliary Offi- f join me in congratulating Viola and Myron on cer. Mrs. Taylor enjoys participating in various CONGRATULATING KELLE LYN this momentous occasion. craft classes in her spare time. She also loves SCOTT ON RECEIVING A PRESI- f to travel with her husband, Joe. DENTIAL AWARD FOR EXCEL- IN HONOR OF THE LIFE OF KAYLA With this retirement, Mrs. Taylor will now be LENCE MUELLER AND CELEBRATING able to spend more time with her husband of THE OPENING OF THE KAYLA thirty-three years, Joe. She’ll also treasure HON. BARBARA COMSTOCK MUELLER PLAYGROUND more moments with her daughter, Kathryn OF VIRGINIA Taylor; son, Brian Taylor and daughter-in-law, IN THE HOUSE OF REPRESENTATIVES Dawn Taylor. HON. PAUL A. GOSAR Wednesday, September 7, 2016 I ask you in joining me in recognizing Mrs. OF ARIZONA Arlene Taylor on her retirement. The commit- Mrs. COMSTOCK. Mr. Speaker, I rise to IN THE HOUSE OF REPRESENTATIVES recognize Ms. Kelle Lyn Scott on being se- ment she has shown to the State of Missouri Wednesday, September 7, 2016 and to the employees she has helped through- lected for a Presidential Award for Excellence out her human resources career is a com- in Mathematics and Science Teaching Mr. GOSAR. Mr. Speaker, I rise today to mendable accomplishment. (PAEMST). This special honor is one shared join The Kiwanis Club of Prescott in honoring the memory of a constituent in my district who f with a select group of other teachers through- out the United States. Ms. Scott has earned I believe is the personification of a compas- HONORING JOE & JULIE MARCHINI this award through imparting her passion and sionate American citizen. On February 6, commitment to learning with all of her stu- 2015, Kayla Mueller of Prescott, AZ was killed HON. JIM COSTA dents. by her ISIS captors in Syria. A visage of what OF CALIFORNIA The PAEMST program, administered by the it means to be a selfless human-being, Kayla’s IN THE HOUSE OF REPRESENTATIVES National Science Foundation (NSF) on behalf life was taken too short at the young age of of the White House Office of Science and 26. Wednesday, September 7, 2016 Technology Policy, recognizes teachers who In such tragic times it can often be difficult Mr. COSTA. Mr. Speaker, I rise today to have demonstrated excellence in giving stu- to find the light of hope for a better tomorrow. recognize Joe and Julie Marchini. The dents the tools they need to succeed in be- Kayla Mueller embodied this every day in her Marchini’s are being honored by Catholic coming the leaders of tomorrow. Because of service and sacrifice to those less fortunate, Charities of Merced in appreciation of their this achievement, Ms. Scott will receive a especially to the children of the world. years of dedicated service to the community. signed citation from President Obama, a Arizona is blessed to have been home to Both Joe and Julie have contributed countless $10,000 award from NSF, and the opportunity such a compassionate citizen as Kayla. It is hours to causes that are close to their hearts to attend an awards ceremony in Washington easy to see that her spirit has touched not in order to make their community a better D.C. only the hearts of those in her community and place. Ms. Scott’s hard work, perseverance, and state but across this great nation. And with the Joe Marchini was born on December 9, academic excellence are exemplified in her re- opening of this new playground, that spirit will 1938 in Merced, California to Florindo and ceipt of this honor. Coming from a family of continue to impact lives for the better. Elisa Marchini. Joe has lived in Merced Coun- educators, I understand how important a I extend my sincere admiration and thanks ty most of his life. A natural love of being out- strong education is to the future of our coun- to the Kiwanis Club of Prescott for their dili- doors led Joe to begin working on his father’s try. We need to encourage more teachers like gent efforts on this playground and for their farm from a young age. At 20 years old he Ms. Scott who work hard and dedicate their engagement in the community. To Mr. and was invited to become a partner in his father’s lives to educating our children. Mrs. Mueller, I want to once again express my

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K07SE8.022 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1211 sincerest condolences. While your daughter TRIBUTE TO FORMER RECORD behavioral development in the first four may no longer be with us, her loving spirit will AND CLARION OWNER ROGER months of a child’s life. These discoveries led live eternally. MOON to his recognition as a tireless advocate for paternal and medical leave, bringing him from f HON. JOHN R. MOOLENAAR the halls of Congress to interviews with Oprah OF MICHIGAN Winfrey and Ellen DeGeneres to advance that HONORING PROFESSOR CAROL IN THE HOUSE OF REPRESENTATIVES cause. His work earned him a Presidential Ci- ROBERTSON FOR RECEIVING THE tation from President Obama in February of PRESIDENTIAL AWARD FOR EX- Wednesday, September 7, 2016 2013. Today, Dr. Brazelton remains an active CELLENCE IN MATHEMATICS Mr. MOOLENAAR. Mr. Speaker, I rise today member of the pediatric medicine community. AND SCIENCE TEACHING to pay tribute to the late editor and publisher He has become a fixture at the Baby Center of Record and Clarion, Roger Moon. As the in Hyannis, helping the underprivileged par- HON. BLAINE LUETKEMEYER son of Paul and Velma, the husband of Patri- ents of Cape Cod provide for their children. cia and the father of Tracy, Renee and Shane, Mr. Speaker, I am proud to recognize Dr. T. OF MISSOURI Roger made many contributions to Gladwin Berry Brazelton, not simply for his dedicated IN THE HOUSE OF REPRESENTATIVES County and the great state of Michigan. service to the communities of Massachusetts, but for the work he has done for families Wednesday, September 7, 2016 Roger began his career in news when he was twelve years old, working at the Record across the globe. Mr. LUETKEMEYER. Mr. Speaker, I rise and Clarion, sweeping and taking out the f today to honor a constituent of mine, Pro- trash. He completed his degree in Journalism IN HONOR OF BONNIE fessor Carol Robertson. She has been se- at Michigan State University in 1960. After EDMONDSON, UNITED STATES lected to receive the Presidential Award for Roger graduated he returned to Gladwin and TRACK AND FIELD COACH Excellence in Mathematics and Science began working, yet again, for Record and Teaching. This is a prestigious award that will Clarion. He became the head of the news- be presented in Washington, DC at the paper in 1972 when his father retired. After HON. JOE COURTNEY OF CONNECTICUT Daughters of the American Revolution Con- twenty-one years as the head of the Record, IN THE HOUSE OF REPRESENTATIVES stitution Hall. In addition to Professor Robert- Roger sold the newspaper and retired in 1993. son having the opportunity to attend various Roger was more than the editor of the Wednesday, September 7, 2016 recognition events and development activities, newspaper. Roger also served the community Mr. COURTNEY. Mr. Speaker, today I rise she will also receive a $10,000 award from the by working as a firefighter for thirty-three to congratulate Bonnie Edmondson of Cov- National Science Foundation. A citation from years, rising to the rank of assistant chief. He entry, Connecticut, an exceptional athlete and President Obama will be presented as well. was an active member of the Gladwin Rotary public servant, for being chosen as a coach Professor Robertson is one of only one hun- Club and was honored by the organization for for Team USA’s track and field team at the dred and eight teachers to receive this award his generous donations of time and resources. 2016 Summer Olympics in Rio de Janeiro. for the 2014–2015 school year. Roger loved to hunt and fish, as well as Bonnie has a long and dedicated track and Professor Robertson is receiving this award golf. He enjoyed sharing Michigan’s outdoor field career. During her time at Eastern Con- for her work at Fulton High School where she heritage with his children and grandchildren, necticut State University in 1987, she threw was a science teacher for twenty-eight years. driving his boat and teaching them to waterski. discus and hammer, earning the title of All- She retired from Fulton High School following He was also a Hall of Fame bowler. American. Thanks to her talent and commit- the 2015–2016 school year. Professor Robert- On behalf of the Fourth Congressional Dis- ment, Bonnie ranked tenth in the world and son also taught as an adjunct professor at trict of Michigan, I am honored today to recog- fifth in the nation in hammer throw between Central Methodist University from 2007 nize Roger Moon for his lifetime of work to the 1990 and 1996 and won national champion- through 2014 and Missouri State University people of Gladwin County. ships for her skills in both 1990 and 1991. from 2014 through 2016. She started teaching f Later, Bonnie dedicated her career to coach- ing at all levels of the sport. Most notably, she as an adjunct professor at Westminster Col- IN RECOGNITION OF DR. T. BERRY lege this school year. held positions as an assistant coach in the BRAZELTON 1998 World Junior Championship and as a The Presidential Awards for Excellence in coach for the Team USA throwing events in Mathematics and Science Teaching was es- HON. WILLIAM R. KEATING 2012 and 2014 during the IAAF World Indoor tablished by Congress in 1983. This award is Championships. Most recently, she served as the highest honor bestowed by the United OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES a mentor to the 2015 NESCAC hammer throw States Government specifically for educators champion, Lily Talesnick. Currently, Bonnie is that teach mathematics and science. Since the Wednesday, September 7, 2016 a track and field coach at Trinity College, establishment of the program, over 4,600 Mr. KEATING. Mr. Speaker, I rise today to while also working at the Connecticut Depart- teachers have been recognized for their con- recognize the life and accomplishments of Dr. ment of Education, overseeing a comprehen- tributions to their students and school districts. Thomas Berry Brazelton. Throughout his 98 sive school health education program aimed at Professor Robertson has had a lifelong in- years, Dr. Brazelton has been celebrated as a motivating children to lead healthier lifestyles. terest in science and is passionate about critically acclaimed leader in pediatric medi- During her years as a thrower, Bonnie’s teaching the next generation the importance of cine and a change-maker in the lives of count- scores in the 1992 Olympic trials would have engaging in the study of science. Throughout less Massachusetts families. qualified her for the Games if there had been her teaching career, she has seen some of Although Dr. Brazelton was born in Waco, a women’s division in her sport. However, it her students obtain a Ph.D. which affirms the Texas, the Bay State has been lucky to claim wasn’t until 1995 that the International Olym- dedication with which she teaches. She has him as its own since 1945, when he com- pic Committee established the Women and utilized partnerships with researchers to en- pleted his residency at Massachusetts General Sport Advocacy group which works to imple- hance the experience of her students. Hospital in Boston. In the decades since, Dr. ment gender equality policies in all Olympic Through those partnerships, students have Brazelton became a pioneering expert in neo- competitions. In 2000, women’s hammer throw been able to explore Golden Retriever Mus- natal behavior, authoring more than 200 jour- was included in the Olympics for the first time. cular Dystrophy, Osteogenesis Imperfecta, nal articles and textbook chapters on the sub- Instead of succumbing to disappointment and Arabidopsis, or maize. This research allowed ject. Any parent might recognize his name defeat, Bonnie contributed to the evolution of her students to have real-life applications. Pro- from one of his thirty books on child develop- the sport, and of the Games, by helping to in- fessor Robertson received her B.S. in Science ment and parenting. troduce women’s events in the hammer throw. Education and a M.Ed. in curriculum and in- However, his primary contribution to the Her talent and passion for the sport makes her struction from the University of Missouri. medical community is the Brazelton Neonatal an incredible coach, and she has served as a I ask you to join me in recognizing Pro- Behavioral Assessment Scale. The scale itself wonderful representative of the United States, fessor Robertson on her achievement and this is a metric to highlight behavioral differences and of Connecticut, this August in Rio de Ja- honor of receiving the Presidential Award for among newborns within the first months of neiro. Bonnie is more than deserving of this Excellence in Mathematics and Science their lives. His methods drew the parallel be- opportunity, and her debut at the games is Teaching. tween differing parental methods and infant long overdue.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.032 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1212 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 Mr. Speaker, I ask all my colleagues to join IN RECOGNITION OF ERSILIA Beauty Behind Bars is an organization de- me in congratulating Bonnie and the U.S. MARIA ANTONIA VERONICA signed to help women and girls break away track and field team for a terrific performance GHIRLANDA MONETT BALCAEN from mental incarceration and self-imprison- in the Summer Games. Bonnie and her team ment of low self-esteem, doubt, depression, have not only brought pride to the State of HON. BARBARA COMSTOCK suicide, and dream killing. They also teach the Connecticut, but to the entire nation. OF VIRGINIA importance of forgiveness, accountability, and IN THE HOUSE OF REPRESENTATIVES the significance of loving self from the inside f Wednesday, September 7, 2016 out. They educate the community by providing seminars and conferences. ELDON LAIDIG Mrs. COMSTOCK. Mr. Speaker, I rise to ac- I commend Beauty Behind Bars and 94 FM knowledge one of my constituents, Ersilia the Fish for their willingness to host a free HON. ED PERLMUTTER Balcaen, who will be turning 105 this upcom- training workshop that will continue to influ- ing September the 17th. Mrs. Balcaen’s life ence and change women for the rest of their OF COLORADO has been a truly American story in that despite lives. They have set an excellent example of IN THE HOUSE OF REPRESENTATIVES coming from far away, she made the United what it means to ‘‘set the captives free.’’ My States her home. Facing some of the most un- Wednesday, September 7, 2016 hope is that they will continue to bring free- certain times in American history, she not only dom to women of all ages and for generations Mr. PERLMUTTER. Mr. Speaker, I rise endured, but flourished. to come. today to recognize and applaud Eldon Laidig Ersilia was born in the small comune of for receiving the West Chamber’s 2016 Jeffer- Sesta Godano in Italy. She was only five f son County Hall of Fame Award. years old when she made the dangerous jour- Known for his passion for education and ney to America with her family. She quickly MR. SHAYAK SENGUPTA RECEIVES community service, Eldon has been a pillar of proved her tenaciousness in her work ethic PRESTIGIOUS FULBRIGHT AWARD the Jefferson County community for more than before she had even grown up through help- fifty years. Before becoming a financial plan- ing her family look after their animals and HON. PETE OLSON grow crops, and even held several jobs while ner, Eldon spent 42 years in the U.S. Coast OF TEXAS Guard Reserves and 27 years working for Jef- studying in high school. She later moved to IN THE HOUSE OF REPRESENTATIVES ferson County Public Schools, 25 of which San Francisco and began work for an insur- were spent as a middle school principal. ance company where she inspirationally Wednesday, September 7, 2016 In 1990, Eldon started Personal Benefit fought to keep her job despite her recent mar- Mr. OLSON. Mr. Speaker, I rise today to Services Wealth Management, which has riage and did so successfully, only finally congratulate Shayak Sengupta of Sugar Land, been recognized by 5280 Magazine and the being let go after seven months of pregnancy. TX for receiving a Fulbright award for his en- Arvada Chamber of Commerce. Eldon’s in- Ersilia’s tireless aspirations did not end ergy research in India during the 2015 through volvement in the Arvada community is unpar- there. She eventually showed her aptitude by 2016 academic year. alleled. He was named the Arvada Sentinel’s doing a test for the civil service and was soon Each year the Fulbright Program grants stu- Man of the Year, has served as club president hired by the U.S. Army as a stenographer with dents with the opportunity to study, research of the Arvada Council for the Arts and Human- the Army’s Overseas Supply Division at Pre- or teach English abroad in an effort to inter- ities and Arvada Rotary Club and Friendship sidio, California. During her time in service to nationalize communities and campuses Force of Greater Denver, as well as vice her nation, she was part of the first evacu- around the world. Fulbright scholars focus on president of the Arvada Historical Society. In ations from Pearl Harbor while attempting to the conditions and challenges differing regions his five decades in the Jefferson County area, bring back the wounded from the attacks. Her face, as well as building valuable U.S. rela- Eldon has worked tirelessly to improve the career eventually took her back to California tionships. Shayak graduated from Hightower City of Arvada through community service. where she helped many veterans and civil High School and attended Rice University. servants find work following the end to the I extend my deepest congratulations to Under the Fulbright program, he studied the war. She was heavily praised for her selfless Eldon Laidig for this well-deserved recognition effectiveness and cost of air pollution control efforts in caring for all those who worked for by the West Chamber. technologies in Indian coal power plants. her. Despite some levels of discrimination she On behalf of the Twenty-Second Congres- received, she endured and persisted, leading f sional District of Texas, congratulations again a highly notable career which she retired from to Mr. Shayak Sengupta for receiving this Ful- TRIBUTE TO RUBY AND DON in 1972, after 31 years. Her public service did bright award. Keep up the great work. GODFREY not end upon retirement. Mrs. Balcaen contin- ued to serve her community through her in- f volvement in local charities. HON. DAVID YOUNG Mr. Speaker, this is a woman of extreme HONORING THE SERVICE OF FRES- OF IOWA courage and fortitude, whose tireless efforts in NO POLICE CHIEF JERRY DYER IN THE HOUSE OF REPRESENTATIVES spite of discrimination and difficulties, serves as an inspiration to all. She has spent nearly HON. JIM COSTA Wednesday, September 7, 2016 her entire life in service to others and her self- OF CALIFORNIA Mr. YOUNG of Iowa. Mr. Speaker, I rise lessness should be acknowledged for all to IN THE HOUSE OF REPRESENTATIVES today to recognize and honor Ruby and Don witness. I would ask my fellow members to Godfrey of Emerson, Iowa, on the very special stand with me and applaud Mrs. Balcaen and Wednesday, September 7, 2016 occasion of their 70th wedding anniversary. wish her well. Mr. COSTA. Mr. Speaker, I rise today to They were married on June 2, 1946 at Hen- f recognize Police Chief Jerry Dyer of Fresno, derson Christian Church in Henderson, Iowa. BEAUTY BEHIND BARS California. Chief Dyer is being honored by the Ruby and Don’s lifelong commitment to Fresno Police Department in appreciation of each other, their children, Richard and Darrell, his 15 years of service as Police Chief. The and their grandchildren, truly embodies Iowa HON. MARSHA BLACKBURN Fresno community is fortunate to have some- OF TENNESSEE values. As they reflect on their 70th anniver- one who has devoted his career to serving as IN THE HOUSE OF REPRESENTATIVES sary, I hope it is filled with happy memories, an advocate for our city. may their commitment grow even stronger, Wednesday, September 7, 2016 Chief Dyer attended California State Univer- and may they continue to love and cherish Mrs. BLACKBURN. Mr. Speaker, I rise sity, Fresno where he would receive his Bach- one another for many years to come. today to acknowledge a wonderful event that elor’s Degree in Criminology. He would go on Mr. Speaker, I commend this great couple 94 FM the Fish hosted called Beauty Behind to obtain a Master’s Degree in Management on their 70th year together and I wish them Bars. This event took place on July 30th of from California Polytechnic University at Po- many more. I know my colleagues in the this year at the Vanderbilt Student Life Center. mona and graduate from the California Com- United States House of Representatives will It was an excellent opportunity for women in mand College for law enforcement leaders. He join me in congratulating them on this momen- the community to be transformed, inspired, began his service with the Fresno Police De- tous occasion. and empowered. partment in 1979.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.035 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1213 Chief Dyer has been committed to commu- Denver, CO, for her 2016 Presidential Award Merced Lao Family Community, Inc.—an orga- nity policing since becoming the Chief of Po- for Excellence in Mathematics and Science nization that was founded to serve the South- lice on August 1, 2001. He has made it a pri- Teaching (PAEMST). east Asian immigrant community. He was in- ority of the Department to build strong relation- The PAEMST program, administered by the strumental in founding similar organizations in ships with the community, and instill trust be- National Science Foundation on behalf of the California and the Western United States. Ac- tween the officers and the people they serve. White House Office of Science and Tech- cording to historian Noah Vang, he was a sig- These efforts have even been recognized na- nology Policy, recognizes outstanding teach- nificant member of the community and played tionally for their effectiveness. Under Chief ers for their contributions to the teaching and a role in building the strong and thriving Dyer, the Department’s block parties, forums learning of mathematics and science. Dawn Hmong community we know today. has been an active teacher at the Carson Ele- and numerous community events have helped Vang Chou is survived by his wife, May build trust between the residents and the offi- mentary School and now in the College and Yang Vang; their children, Maly, Wayne, cers. Career Readiness Office at Denver Public Maykou, Bee and Mayko; twelve grandchildren Under his leadership, the Fresno Police De- Schools has played an integral role in ensur- and three great grandchildren. partment has been in the forefront of imple- ing her students are prepared with critical menting the reforms proposed by President thinking and problem-solving skills that are Mr. Speaker, I urge my colleagues to join Barack Obama’s Task Force on 21st Century vital to their future success. me on this day in a moment of silence in Policing. By employing new technologies, Dawn’s dedication to teaching and commit- memory of the life and service of Lieutenant Chief Dyer has made the Fresno Police De- ment to her students serve as a role model for Colonel Peter Chou Vang. He will be remem- partment more effective than ever before. other teachers and is exemplary of the type of bered as a hardworking man, who went above During his time as the Chief of Police, Dyer achievement that can be attained with hard and beyond in the service of his community. and the Department have been acknowledged work and perseverance. His leadership and dedication to the Hmong on many occasions for their achievements. In I extend my deepest congratulations to community will be missed. 2005, Chief Dyer was awarded the Excellence Dawn Bauer for her PAEMST Award and for in Public Service Award, which is sponsored representing the great State of Colorado on a f by The Fresno Bee, The Fresno Business national level. I have no doubt she will exhibit Council, and the Maddy Institute at California the same dedication and character in all of her IN HONOR OF LOUDOUN COUNTY State University, Fresno. That same year, the future accomplishments. DISTRICT JUDGE TOM HORNE Department would become nationally accred- f ited through the Commission on Accreditation for Law Enforcement Agencies; something HONORING THE LIFE OF PETER HON. BARBARA COMSTOCK CHOU VANG only fourteen other agencies in the state have OF VIRGINIA achieved. The Department was also granted the prestigious California Highway Patrol Com- HON. JIM COSTA IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA missioner’s Award for its traffic safety efforts. Wednesday, September 7, 2016 Mr. Speaker, I ask my colleagues to join me IN THE HOUSE OF REPRESENTATIVES in recognizing Chief Jerry Dyer in celebration Wednesday, September 7, 2016 Mrs. COMSTOCK. Mr. Speaker, I am hon- of this great achievement. It has been a pleas- ored to recognize the tremendous work of my Mr. COSTA. Mr. Speaker, I rise today to ure to work with Chief Dyer in serving the constituent Tom Horne, a 2016 honoree at the pay tribute to the life of Lieutenant Colonel community we both love. We are lucky to Loudoun Laurels Gala. Judge Horne exempli- Peter Chou Vang who passed away May 4, have someone who has put in a great effort to fies the very best of the traditions of public 2016. He was 82. Vang Chou was a re- make the Fresno Police Department one of service, stewardship, and personal contribu- spected leader in the Hmong American com- the state’s top law enforcement agencies. I tions to the life and history of Loudoun Coun- munity, whose contributions spanned decades. ask that you join me in wishing Chief Dyer ty. His dedication to a high standard of con- Vang Chou was born on April 5, 1938 in the continued success. duct allowed him to remain honest and loyal Phac Lac village of Laos to Xia Chong Vang f while making a positive impact in the legal and Xay Lo. Vang Chou completed primary community. PERSONAL EXPLANATION education and went on to receive his Certificat d ’Etudes Primaires Complementaires (French Mr. Horne graduated from Muhlenberg Col- HON. BILLY LONG High School Diploma). From an early age he lege in Allentown, Pennsylvania in 1965, and was known as a benevolent man, providing for went on to attend the Marshall-Wythe School OF MISSOURI many members of his extended family. Vang of Law at the College of William and Mary. He IN THE HOUSE OF REPRESENTATIVES Chou made the decision not to pursue his served as a Commonwealth’s Attorney for Wednesday, September 7, 2016 education further, due to his family’s financial three years before taking the bench in 1982. Mr. LONG. Mr. Speaker, on September 6, hardship and in order to help his mother pro- Chief Judge Thomas D. Horne retired after 2016, I was away from the Capitol and was vide for his seven half siblings. At the age of over 21 years, having served longer than any unable to vote on any legislative measures on 20 he became a national police officer in other judge in the Loudoun County Circuit. this date. Laos. In addition to his long and distinguished leg- On Motion to Suspend the Rules and Pass 1961 was an eventful year for Vang Chou. acy as a judge, Judge Horne was a driving H.R. 5578, the Survivors’ Bill of Rights Act, He began his service as a first Air Guide offi- force in education as well. He established the Roll Call Vote Number 479, had I been cer for the CIA and married his wife May 20th Judicial Circuit’s Law Camp, a landmark present I would have voted yes. Yang. Vang Chous’s intricate knowledge of educational experience of young people con- On Motion to Suspend the Rules and Pass, the terrain led to his service as a guide for sidering a career in the law. The Law Camp as Amended, H.R. 3881, the Cooperative aerial missions during the Vietnam War. His gives students interested in the legal sphere Management of Mineral Rights Act, Roll Call flying career included 116 aerial missions. In an opportunity to interact with professionals in Vote Number 480, had I been present I would 1968, he was wounded in battle, leaving him both a classroom lecture and moot court set- have voted yes. partially paralyzed in his right arm. Vang Chou ting. f then became the commander of the joint oper- ation center at Long Tien Air Base. He quickly Judge Horne is a keen preservationist and DAWN BAUER earned the respect of his Hmong, Thai and has diligently protected and served Loudoun American counterparts. County’s historic courthouse building in Lees- Following the end of the war, Vang Chou burg. He is also a member of the Board of the HON. ED PERLMUTTER Friends of the Thomas Balch Library. OF COLORADO and his family arrived in the United States as IN THE HOUSE OF REPRESENTATIVES refugees in 1976. The family relocated to Mr. Speaker, I now ask that my colleagues Santa Ana, California before eventually set- join me in thanking Judge Thomas Horne for Wednesday, September 7, 2016 tling in Merced County. He initially found work the outstanding services he provided to the Mr. PERLMUTTER. Mr. Speaker, I rise as a machinist, before joining the program to United States throughout his long-lasting ca- today to recognize and applaud Dawn Bauer, assist newly arrived refugees with resettle- reer. I wish him all the best in his future en- a teacher at the Carson Elementary School in ment. He was one of the founding members of deavors.

VerDate Sep 11 2014 07:16 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.040 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1214 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 TRIBUTE TO NORMA AND JACK found. The truth has been revealed. And, the HONORING OLYMPIC GOLD POPE Wetterling family can bring their son home and MEDALIST KELSI WORRELL mourn for him with all the love, dignity and re- HON. DAVID YOUNG spect that Jacob deserves. HON. THOMAS MacARTHUR OF IOWA May Jacob now rest in peace and may the OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES prayers of all Minnesotans give the Wetterling IN THE HOUSE OF REPRESENTATIVES family comfort during this difficult and sad Wednesday, September 7, 2016 Wednesday, September 7, 2016 time. And, this October 22nd, as I have every Mr. YOUNG of Iowa. Mr. Speaker, I rise year since his disappearance, I leave a light Mr. MACARTHUR. Mr. Speaker, I rise today today to recognize and honor Norma and Jack on to remember Jacob and all the children to honor Olympic gold medalist Kelsi Worrell, Pope of Council Bluffs, Iowa, on the very spe- who are still missing. of the Third Congressional District, in her re- cial occasion of their 60th wedding anniver- cent accomplishments at the 2016 Summer Olympic Games in Rio, and to commend her sary. They were married May 26, 1956 at St. f John Lutheran Church in Council Bluffs, Iowa. for her outstanding dedication to the sport of Norma and Jack’s lifelong commitment to IMPROVED EMPLOYMENT OUT- swimming. each other and their children, Scott and Julie, COMES FOR FOSTER YOUTH ACT Kelsi, who is a resident of Westampton, grandchildren, and great-grandchildren, truly OF 2016 worked diligently to help the United States embodies Iowa values. As they reflect on their Women’s Swim Team win a gold medal in the 60th anniversary, I hope it is filled with happy women’s 4x100m medley relay. In addition to HON. JIM McDERMOTT her great accomplishment at the Summer memories. May their commitment grow even OF WASHINGTON stronger, as they continue to love, cherish, Olympic Games, Kelsi has continued to be a IN THE HOUSE OF REPRESENTATIVES and honor one another for many years to role model for so many young children with come. Wednesday, September 7, 2016 aspirations of greatness. Her hard work and Mr. Speaker, I commend this great couple determination has instilled a great sense of Mr. MCDERMOTT. Mr. Speaker, along with pride within the local communities of South on their 60th year together and I wish them my colleagues Mr. REICHERT, Mr. DOGGETT, many more. I know my colleagues in the Jersey. Her achievements exhibit the great Mr. DAVIS of Illinois, and Mr. REED, I am proud pride with which Kelsi represents herself and United States House of Representatives will to introduce today the Improving Employment join me in congratulating Norma and Jack on the United States of America. Outcomes for Foster Youth Act, which pro- Mr. Speaker, the people of New Jersey’s this momentous occasion. vides federal tax incentives to private sector Third Congressional District are tremendously f employers that hire youth transitioning from honored to have Olympic gold medalist Kelsi MINNESOTA MOURNS FOR JACOB the foster care system to independence. Worrell as a member of their community, who WETTERLING The outcomes for transition age foster youth has shown a desire to represent her nation in this coup are heartbreaking: half are unem- with great honor and has worked continuously HON. BETTY McCOLLUM ployed at age 24; half will spend time in a to do so to the best of her ability. I am hon- homeless shelter; and 70 percent will be reli- ored to recognize her accomplishment and OF MINNESOTA ant on government assistance after emanci- dedication to her sport, before the United IN THE HOUSE OF REPRESENTATIVES pating from foster care. The federal govern- States House of Representatives. Wednesday, September 7, 2016 ment has both an economic and moral interest f in improving outcomes for these youth. Ms. MCCOLLUM. Mr. Speaker, on October DAN PIKE 22, 1989 a heinous, evil crime was committed In 2008, we passed the Fostering Connec- against a young boy. For nearly twenty-seven tions to Success and Increasing Adoptions years that unsolved crime devastated a family, Act, which recognized the challenges faced by HON. ED PERLMUTTER terrorized a community, and has haunted the youth transitioning out of foster care and en- OF COLORADO people of Minnesota. ables them to continue to receive supports IN THE HOUSE OF REPRESENTATIVES The young boy was eleven-year-old Jacob and services until they turn 21. In passing that Wednesday, September 7, 2016 Wetterling of St. Joseph, MN and this week bill our goal was not to extend dependency on Mr. PERLMUTTER. Mr. Speaker, I rise we finally learned the truth. Jacob was ab- the foster care system, but rather to use the today to recognize and applaud Dan Pike for ducted and murdered by a sexual predator additional time spent in extended foster care receiving the West Chamber’s 2016 Jefferson who is presently facing federal child pornog- to help them become independent. While ex- County Hall of Fame Award. raphy charges. tended foster care is providing a critical lifeline An active Colorado conservationist, Dan For twenty-seven years the disappearance for thousands of youth across the country, began advocating for the environment in 1976 and uncertainty of Jacob’s whereabouts un- more needs to be done to help these youth when he opened an office for the Nature Con- leashed a mix of emotions—grief, anger, sad- connect with career opportunities and attain servancy and drafted the first ever Colorado ness, but always there was hope. Jacob’s self-sufficiency. conservation easement. Since then, Dan has mother and father—Patty and Jerry A key strategy will be engaging the private continued to defend the environment as a Wetterling—never gave up hope. They in- sector in this effort. There is a developing founding member of both the Mountain Area spired hope and compassion from the un- partnership in California between the nonprofit Land Trust in Evergreen and Gunnison imaginable pain of losing their son. Patty’s ad- iFoster, public child welfare agencies, commu- Ranchland Conservation Legacy and as re- vocacy on behalf of missing and exploited chil- nity-based organizations, and the grocery in- tired president of Colorado Open Lands. dren has made her a national expert and a dustry to create an employment pipeline for Under Dan’s leadership, Colorado Open leading national voice for laws and policies foster youth that is already demonstrating Lands has made vast contributions to the pro- that keep children safe. Not only has she dedi- great success in preparing foster youth for tection of open space, preserving five thou- cated her life to bringing Jacob home, but she competitive work, and supporting them on the sand acres of Jefferson County land overall. has made protecting families and children her job to ensure retention and promotion. The Im- Dan’s civic achievements include Vice Chair mission. Patty is a woman with incredible proving Employment Outcomes for Foster of the Colorado Coalition of Land Trusts, Chair courage, strength, and determination whom I Youth Act will make transition age foster youth and Founder of the Mountain Area Land Trust, admire and respect. categorically eligible for the Work Opportunity and a legislative member of the Colorado In 1989, Jacob’s disappearance transfixed Tax Credit (WOTC), an existing federal credit Conservation Easement Tax Credit Task Minnesota. My own household was no dif- that provides incentives to businesses to hire Force. In 2015, Dan received the Friend of ferent. My son was Jacob’s age and my employees from certain populations with spe- Open Space Award from the Palmer Land daughter a few years younger. We all wanted cific employment challenges. In doing so, this Trust for his recent efforts to protect southern to see Jacob come home. I feared for my chil- bill will help encourage other sectors to follow Colorado. Recently, Dan has been working on dren’s safety. Parents were afraid and so were the grocery industry’s lead in hiring and invest- the Jeffco Vision 2020 plan as well as coach- children all across Minnesota. ing in our nation’s foster youth and starting ing youth sports. It is with much sadness and grief that we them on a successful career path. I extend my deepest congratulations to Dan now know that Jacob was murdered soon I look forward to working with my colleagues Pike for this well-deserved recognition by the after he was abducted. His remains have been to advance this important legislation. West Chamber.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A07SE8.044 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1215 IN HONOR OF MARGARET MORTON her time to organizations such as the Iowa Alicia’s service to her community knows no State Fair Blue Ribbon Foundation, Meals limits. She has served on the Los Banos Plan- HON. BARBARA COMSTOCK from the Heartland and Bravo! Greater Des ning Commission and as a member of the Na- OF VIRGINIA Moines. tional Board of National Association of Farm- Recognized as one of the top businessmen IN THE HOUSE OF REPRESENTATIVES workers Organization. During the holiday sea- in the State of Iowa, Jim Cownie has still son, she participates in initiatives to feed the Wednesday, September 7, 2016 found time to dedicate himself to causes and homeless. Mrs. COMSTOCK. Mr. Speaker, I am hon- organizations of which he cares. Along with Mr. Speaker, I urge my colleagues to join ored to recognize the tremendous work of my his wife, Patty, Jim has sacrificed his time and me in honoring Alicia Dicochea. Her forty-five constituent Margaret Morton, a 2016 honoree given his expertise to many charitable organi- years of service on the Board of Directors of at the Loudoun Laurels Gala. Ms. Morton ex- zations throughout the state and continues to Golden Valley Health Centers, in addition to emplifies the very best of the traditions of pub- utilize his own resources to improve the lives the wonderful work she has done in the com- lic service, stewardship, and personal con- of others. munity, should be commended. Los Banos will tributions to the life and history of Loudoun Mr. Speaker, I applaud and congratulate be forever grateful for the impact she has County. Her dedication to a high standard of Patty and Jim Cownie for receiving this es- made in the community. conduct allowed her to remain honest and teemed designation. It is truly an honor to rep- f loyal while making a positive impact in the resent them in the United States Congress. I journalistic community. ask that my colleagues in the United States REMEMBERING LESLIE WITT Margaret Morton is a graduate of Edinburgh House of Representatives join me in congratu- REICHENBACH University in Scotland. She left her home in lating them and in wishing them nothing but Britain to come to America in 1966. Twenty-six continued success. HON. MIKE QUIGLEY years later she entered the world of journalism f OF ILLINOIS when she joined the staff of Leesburg Today. HONORING ALICIA DICOCHEA IN THE HOUSE OF REPRESENTATIVES Last year, she became a founding member of Wednesday, September 7, 2016 the writing staff of Loudoun Now, recently judged to be Loudoun County’s best new busi- HON. JIM COSTA Mr. QUIGLEY. Mr. Speaker, I rise today to OF CALIFORNIA ness. remember and honor the life of an important IN THE HOUSE OF REPRESENTATIVES Ms. Morton has nearly a quarter century of and respected member of the Chicago com- experience, granting her the skills and style to Wednesday, September 7, 2016 munity, Ms. Leslie Witt Reichenbach. serve Loudoun. Her writing illustrates both her Mr. COSTA. Mr. Speaker, I rise today to For nearly 40 years, she woke up genera- intelligence and her deep understanding of the recognize Alicia Dicochea. Alicia is known tions of Chicago’s WXRT listeners on week- community she loves, and is similarly reflected throughout Merced County for her dedication end mornings. A native Chicagoan, she in her meritorious career. Currently, Ms. Mor- and service to her community. She is retiring earned a bachelor’s degree in communications ton is the Dean of the Loudoun County Press this year after serving as one of the founding and environmental science from the University Corps. members of the Board of Directors of Golden of Wisconsin in Madison. Shortly after, she Serving on Loudoun County’s first Historic Valley Health Centers since 1971. Alicia has began her radio career as a disc jockey at a Review Board, Ms. Morton is an active pres- gone above and beyond in the effort to make progressive rock station in Massachusetts. ervationist. She is an avid supporter of numer- her community a better place, volunteering her With her growing enthusiasm for radio, she re- ous community charitable activities, for which time in health care, education and church. turned to Chicago to work at WXRT 93.1 FM we readily commend her. Alicia was born in Cutler, California. She is in 1977. Leslie was also a news reporter for Mr. Speaker, I now ask that my colleagues the youngest of five siblings, born to parents WBEZ, Chicago’s Public Radio station in the join me in thanking Margaret Morton for the who immigrated to the Central Valley from 1980s, while still DJ’ing on weekend mornings outstanding services she provided to our great Mexico in the 1920s. From an early age she at WXRT. Commonwealth throughout her long-lasting ca- learned the meaning of hard work, working in Leslie, often referred to as ‘‘the overnight reer. I wish her all the best in her future en- the fields with her siblings in order to help angel,’’ was known for her kind smile and her deavors. support the family. ability to connect with others. Her sense of f In 1947 Alicia married Jesus Dicochea. The wonder was the source of her ability to com- young family, along with their children moved municate about the music with conviction. TRIBUTE TO PATTY AND JIM to Los Banos in 1965 in order to pursue work Leslie’s dedication helped mentor many new COWNIE opportunities, where they have lived ever D.J.’s who preceded her radio shift. since. Sadly, Leslie passed away on July 17th, HON. DAVID YOUNG Alicia’s involvement with Golden Valley 2016 at age 63 in Riverwoods, Illinois after her OF IOWA Health Centers began when it was just a sin- battle with ovarian cancer. IN THE HOUSE OF REPRESENTATIVES gle clinic for farm workers. Today the medical Leslie bravely fought her illness by listening center has 25 clinics and serves Merced and to new albums, attending concerts, and prac- Wednesday, September 7, 2016 Stanislaus counties. Alicia has been an advo- ticing ballet. Leslie’s top priority was always Mr. YOUNG of Iowa. Mr. Speaker, I rise cate for health care for the Valley’s under- her family, and the love and support they pro- today to recognize and congratulate Patty and served since the beginnings of her involve- vided her was the most important thing in her Jim Cownie for being awarded the 2016 Rob- ment with Golden Valley. life. Leslie is survived by her husband, Chuck ert D. Ray Pillar of Character Award, pre- Alicia has also been an advocate in edu- Reichenbach and their adult children Kay and sented by the Robert D. and Billie Ray Center cation. She made the decision to play an ac- Kurt. at Drake University. They were presented with tive role in her children’s school from the day Mr. Speaker, may God bless the the honor during the annual Ray Center’s the first of her ten children began school. She Reichenbach family and the memory of a Iowa Character Awards in Altoona, Iowa. was selected to be a part of a group of par- woman who was truly loved by her friends, her Each year, a selection committee of 50 ents and UC Davis students to assess the community, and her family. members selects recipients who have exempli- needs of the community in order to properly f fied a life filled with volunteerism and sacrifice. use funding available to local students and The Cownies embody each of those qualities. families. She was involved in Merced Col- IN MEMORY OF SERGEANT Ever since the Ray Center opened its doors lege’s Los Banos campus from its beginnings. KENNETH D. JUMPER, SR. as Character Counts back in 1997, Patty and She taught Spanish and advised on the cur- Jim Cownie have given their time and re- riculum for English as a Second Language HON. JOE WILSON sources to make sure it was a total success. students. OF SOUTH CAROLINA Patty Cownie has always displayed a com- Her strong faith has led to a natural involve- IN THE HOUSE OF REPRESENTATIVES mitment to volunteerism throughout her life. ment with her church. Alicia served as a dele- From 1999 to 2014 she served on the Drake gate for the Guadalupanas Society in Los Wednesday, September 7, 2016 University Board of Trustees and now dedi- Banos and served as secretary for District 7, Mr. WILSON of South Carolina. Mr. Speak- cates her time and expertise to the Iowa which includes Los Banos, Dos Palos, and er, South Carolina is paying positive tribute to Board of Regents. She has also contributed Atwater. the service of American Patriot Kenneth D.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.048 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1216 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 Jumper, Sr., of Cayce, South Carolina. I espe- County as Director of Colorado Local Affairs The Eagle Scout designation is the highest cially appreciate his dedicated model of mili- under Governor Dick Lamm and as Chief Ad- advancement rank in scouting. Approximately tary service in the National Guard. He was an ministrator for Senator Tim Wirth, where she five percent of Boy Scouts earn the Eagle inspiration to me when we served together in famously helped shut down Rocky Flats. Betty Scout Award. The award is a performance- the 218th Mechanized Infantry Brigade as he was named the Leo Riethmayer Outstanding based achievement with high standards that lived up to the highest standards of service by Public Administrator in 1980 and recognized have been well-maintained over the past cen- being the most patriotic, competent, and capa- for her ‘‘outstanding achievement and distin- tury. ble of citizens. guished service’’ as Regional Administrator of To earn the Eagle Scout rank, a Boy Scout A thoughtful obituary was published in The HUD under President Jimmy Carter. In 1992, is obligated to pass specific tests that are or- State newspaper on August 27, 2016: Betty was elected Jefferson County Commis- ganized by requirements and merit badges, as CAYCE.—Kenneth D. Jumper, 89, of Cayce, sioner, where she helped inspire and lead well as completing an Eagle Project to benefit South Carolina passed away peacefully with Jeffco’s first long-term planning efforts that the community. Jared’s Eagle Project involved his family by his side on Thursday, August helped make our community what it is today. community service at Jennie Edmundson Hos- 25, 2016. He was born in Swansea, South Caro- I extend my deepest congratulations to pital in Council Bluffs. Jared led a team of lina to the late Dewey and Myrtis Smith Betty Miller’s family for this well-deserved rec- scouts who collected donations and built carts Jumper. ognition by the West Chamber. to hold entertainment supplies such as books, Kenneth retired from the State Highway magazines, and puzzles for the patients con- Department and The SC Army National f Guard as a Staff Sargent. He was a member fined to the hospital. The work ethic Jared has of Cayce First Baptist Church for over 60 IN HONOR OF THE LADIES BOARD shown in his Eagle Project and every other years. He served several terms on the Cayce OF INOVA LOUDOUN HOSPITAL project leading to his Eagle Scout rank speaks City Council. Kenneth coached Little League volumes of his commitment to serving a cause baseball for many years in Cayce and spent HON. BARBARA COMSTOCK greater than himself and assisting his commu- many days helping his neighbors. He will be OF VIRGINIA nity. long remembered for his Godly character, his Mr. Speaker, the example set by Jared IN THE HOUSE OF REPRESENTATIVES acts of kindness and Christian faith. He will Kaufman and his supportive family dem- be missed by all. Wednesday, September 7, 2016 onstrates the rewards of hard work, dedica- Kenneth is survived by his sons, Kenneth D. (Sally) Jumper, Jr. of West Columbia, Mrs. COMSTOCK. Mr. Speaker, I rise to ac- tion, and perseverance. I am honored to rep- Keith (Emily) Jumper of Lexington, Karl knowledge the Ladies Board of Inova Loudoun resent Jared and his family in the United Jumper of Cayce and Kim (Kimberley) Jump- Hospital, which is commemorating over a cen- States Congress. I know that all of my col- er of Lexington; his brothers, Conley (Jo- tury of nursing in the Leesburg emergency leagues in the U.S. House of Representatives anne) Jumper of Pacolet and Coy (Esca) room. I would like to personally commend join me in congratulating him on obtaining the Jumper of Swansea; his sister, Orene Carter these unselfish women who inspire others Eagle Scout ranking, and I wish him continued of Cayce; and his daughter-in-law, Lisa success in his future education and career. Jumper of Swansea. He also leaves behind through their dedication and generosity in f his 11 grandchildren and 9 great grand- service to their neighbors, friends, and strang- children. ers. These commendable citizens embody the HONORING MS. KATHERINE He was preceded in death by his loving wife very best of this nation’s values through their SCHACK FOR RECEIVING THE of 60 years, Verna B. Jumper and his son, service to our community and exemplary per- PRESIDENTIAL AWARD FOR EX- Kelvin M. Jumper. formance in healthcare practice. The family will receive friends at Thomp- CELLENCE IN MATHEMATICS The Ladies Board of Inova Loudoun Hos- AND SCIENCE TEACHING son Funeral Home of Lexington on Saturday, pital has been ‘‘the heart and soul’’ of the hos- August 27, 2016 from 6–8 p.m. Funeral serv- ices will be held at The Harvest, 4865 Sunset pital since 1912, when it was formed simulta- HON. BLAINE LUETKEMEYER neously with Loudoun’s first healthcare center. Blvd., Lexington, SC on Sunday, August 28, OF MISSOURI Ever since, it has been raising money to sup- 2016 at 2 p.m. Interment will follow in South- IN THE HOUSE OF REPRESENTATIVES land Memorial Gardens. port the hospital in renovations and supplies, Wednesday, September 7, 2016 The funeral services were lovingly con- and has been consistently rated in the top one ducted by his son, Pastor Kenneth D. Jumper, percent of patient satisfaction in the nation. Mr. LUETKEMEYER. Mr. Speaker, I rise Jr. Even more recently, the board gifted one mil- today to honor a constituent of mine, Ms. f lion dollars toward the renovation at the Lees- Katherine Schack. She has been selected to burg campus, which was completed three receive the Presidential Award for Excellence BETTY MILLER years ago and continues to make important in Mathematics and Science Teaching. This is strides for the betterment of our Common- a prestigious award that will be presented in HON. ED PERLMUTTER wealth. This is a clear testament to the out- Washington, DC at the Daughters of the OF COLORADO standing work which is conducted by these ex- American Revolution Constitution Hall. In addi- IN THE HOUSE OF REPRESENTATIVES emplary individuals every day and they are tion to Ms. Schack having the opportunity to deserving of recognition. attend various recognition events and develop- Wednesday, September 7, 2016 Mr. Speaker, it brings me immense pride to ment activities, she will also receive a $10,000 Mr. PERLMUTTER. Mr. Speaker, I rise recognize such a fine group, and I sincerely award from the National Science Foundation. today to recognize and applaud Betty Miller for hope that we all can live up to their tremen- A citation from President Obama will be pre- receiving the West Chamber’s 2016 Jefferson dous example. I ask my colleagues to join me sented as well. Ms. Schack is one of only one County Hall of Fame Award. in congratulating the Ladies Board. I wish hundred and eight teachers to receive this When Betty Miller moved in 1959, Jefferson them good luck and hope that they continue to award for the 2014–2015 school year. County gained a selfless public servant who better the future of Loudoun’s exceptional Ms. Schack is receiving this award for her had a significant impact on the community healthcare. work at Lakeview Elementary where she until her death in January of 2012. Betty f taught 2nd Grade. During her twelve years as began her involvement by volunteering with an educator, she has taught first and second both the local League of Women Voters and TRIBUTE TO EAGLE SCOUT JARED grade in the Wentzville School District at PTA, and later turned her attention to resolv- KAUFMAN Lakeview Elementary School. In 2014, Ms. ing school finance and county zoning issues Schack became the first K–8 Mathematics until her election to the Colorado House of HON. DAVID YOUNG Coach/Content Lead in her district. Representatives in 1964. In that role, she OF IOWA The Presidential Awards for Excellence in helped establish the City of Lakewood, and IN THE HOUSE OF REPRESENTATIVES Mathematics and Science Teaching was es- served on the first Lakewood City Council tablished by Congress in 1983. This award is from 1965 to 1975. Wednesday, September 7, 2016 the highest honor bestowed by the United The Lakewood Sentinel recognized Betty’s Mr. YOUNG of Iowa. Mr. Speaker, I rise States Government specifically for educators hard work and awarded her Outstanding today to recognize and congratulate Jared that teach mathematics and science. Since the Woman of 1972 and the Jeffco Board of Real- Kaufman of Council Bluffs, Iowa for achieving establishment of the program, over 4,600 tors named her Citizen of the Year in 1977. the rank of Eagle Scout. Jared is a member of teachers have been recognized for their con- Betty continued her commitment to Jefferson Boy Scout Troop 550 in Council Bluffs. tributions to their students and school districts.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A07SE8.052 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1217 Ms. Schack has been involved in local dis- Neil’s, Bosco’s, 50/50 Tower, The Spot, The grandchildren. Ruby Wilson had a unique and trict level committees throughout the years, in- Other Place, Beale Street Blues Club, Elvis incredible voice that Memphis, Beale Street, cluding: Mathematics Curriculum Writing Presley’s (on Beale), and the New Daisy and the entire music community and all of her fans Team, Assessment Writing Team, and Cur- Old Daisy Theaters. Ruby was also a regular around the world will miss. Hers was a life riculum Review Committee. During her years performer at B.B. King’s Blues Club and its well-lived. in the classroom setting, she served as a upstairs restaurant, Itta Bena. f Singapore Math trainer which required serving Ruby enjoyed new experiences and per- the district’s ten elementary schools. Most re- forming in new venues across the globe. COMMEMORATING THE BEGINNING cently, this past year Ms. Schack took the lead Throughout her career, Ruby performed in OF WORLD WAR II in establishing and implementing the district’s Asia, Europe and New Zealand for audiences New Teacher Math Curriculum Training and that included British and Mone´gasque royalty. HON. TED POE Beyond Math In Focus Training. Currently as She also performed for U.S. President Bill OF TEXAS the K–8 Mathematics Coach/Content Lead, Clinton and Vice President Al Gore, and she IN THE HOUSE OF REPRESENTATIVES she works closely with teachers to increase was a featured performer at the New Orleans Wednesday, September 7, 2016 student engagement, allow for problem solving Jazz & Heritage Festival in 2008, 2011 and within and beyond the classroom, and aid in 2012. In addition to touring, Ruby Wilson re- Mr. POE of Texas. Mr. Speaker, the date creating a structure of learning in the class- corded 10 albums and worked alongside Ray was September 1, 1939. It was a date that room. Charles, the Four Tops, Willie Nelson, Isaac would change the world forever. Nazi Ger- I ask you to join me in recognizing Ms. Hayes, Al Green’s Full Gospel Tabernacle many, under Adolf Hitler, invaded Poland by Schack on her achievement and this honor of Choir in Memphis and countless others. She air, land, and sea, igniting the Second World receiving the Presidential Award for Excel- also appeared in over 10 major films, including War and throwing the world into turmoil. Hitler lence in Mathematics and Science Teaching. The Firm (1993), The Client (1994), The Peo- used what is known as the ‘‘blitzkrieg strat- egy’’ to occupy Poland. He attacked the coun- f ple vs. Larry Flynt (1996), Black Snake Moan (2006), and Delta Rising: A Blues Documen- try by air to destroy its infrastructure; mean- HONORING THE LIFE OF RUBY tary (2008). while, he directed a massive land and sea in- WILSON Ruby was the recipient of numerous awards vasion to take the nation. Poland’s troops and and recognitions. She earned the title ‘‘Queen military were unequipped to effectively fight HON. STEVE COHEN of Beale Street’’ in 1992 and has received the the Germans, so consequently Poland quickly OF TENNESSEE ‘‘Authentic Beale Street Musician Award,’’ the fell under the control of Germany and the So- IN THE HOUSE OF REPRESENTATIVES ‘‘Memphis Sound Award for Best Entertainer,’’ viet Union. Hitler had hoped that Britain and France would tolerate the invasion like they Wednesday, September 7, 2016 the ‘‘Blues Ball Award: Special Achievement,’’ the ‘‘Willie Mitchell Jus Blues Award,’’ and the had when Hitler invaded Sudetenland and Mr. COHEN. Mr. Speaker, I rise today to ‘‘W.C. Handy Heritage Awards: Lifetime Czechoslovakia. However, the invasion of Po- honor the life of Ruby Wilson, a legendary Achievement.’’ Ruby also received the St. land was one invasion too many, and it signifi- Memphis Blues singer who was known as the Jude Children’s Hospital ‘‘Supporter Award,’’ cantly altered the course of history, launching ‘‘Queen of Beale Street’’ and was beloved not the ‘‘Networking for Memphis Community the allied and axis powers into a full scale only by the city of Memphis but by fans all Service Award,’’ and the ‘‘Arc of the Mid-South world war. over the world. Ruby Wilson was born in 1948 Community Leader Award.’’ She has been in- Germany initially intended to invade Poland in Fort Worth, Texas before making Memphis, ducted into the African American Hall of on August 26, not September 1. Hitler had Tennessee her home in 1972. Over time, Fame, the Afro-American Walk of Fame at signed a nonaggression pact with the Soviet Ruby became one of the greatest ambas- Lemoyne Owen College in Memphis and has Union on August 23 to ensure that the USSR sadors for Memphis and Blues music alike. a brass note in her honor on the Beale Street would not come to Poland’s aid, and within the Ruby’s passion for singing began early as a Walk of Fame. Ruby Wilson received acco- treaty, Hitler and Stalin agreed to divide Po- child in Texas singing in her church choir, lades from critics and fans throughout her ca- land between them once conquered. However, which was directed by her mother. Through reer and she will always be remembered for Hitler made a last minute decision to postpone the choir, Ruby performed with notable gospel her great voice and warm personality. the attack because, on August 25, Britain singers Rosetta Tharpe, The Blind Boys of For the city of Memphis, Ruby Wilson was signed the Polish-British Common Defense Alabama and Reverend James Cleveland. At more than just the Queen of Beale Street. She Pact, guaranteeing Poland military support if age 15, Ruby accepted renowned gospel sing- possessed a voice that was sought after by invaded. Hitler utilized false propaganda er Shirley Ceasar’s invitation to sing backup businesses and politicians for television com- throughout the next few days in an attempt to during a summer tour. mercials and radio ads because hers was a justify Germany’s impending invasion of Po- During this same time in her youth, Ruby credible voice of endorsement. She recorded land and to prevent Britain from coming to its learned her love of the Blues from her father, for small local businesses and I am forever aid. Hitler secretly attacked small installations who was an associate of famed guitarist and grateful for the ads that she recorded for me inside Germany and framed it on Poland, at- blues singer Freddie King. It was time spent and the support that she gave me. I am also tempting to pose as the victim instead of the with her father listening to Muddy Waters and thankful for the opportunity to have watched aggressor. The propaganda failed, though, other Blues musicians on the radio that influ- her perform many times in Memphis, including and both Britain and France entered the con- enced her future music career. This included at her last benefit performance at B.B. King’s flict when Germany overtook Poland. listening to Memphis Blues legend B.B. King, Blues Club on July 31st, less than two weeks The breakout of WWII, however, cannot be whom she met in Texas at age 14. They before her passing. As always, she was beau- attributed to any single event, but rather an formed a friendship that lasted his lifetime. It tiful and smiling while performing to a packed accumulation of issues that climaxed in a de- was then that B.B. King named Ruby his god- house as was befitting of her life, achieve- structive standoff between the Axis powers daughter, six years before she would sing with ments, contributions and memory. (Germany, Italy, Japan, Hungary, Romania, him for the first time. Ruby Wilson’s passing places her on the Slovakia, and Bulgaria) and the Allies (The By 1972, Ruby had lived and worked in Chi- same level, if not higher, as many Memphis United States, Great Britain, France and— cago singing gospel and directing church legendary geniuses that we’ve recently lost, later—the Soviet Union). The world had been choirs, and had returned to Texas to sing jazz. including Elvis Presley’s guitarist Scott Moore, anticipating war for a long time preceding She was touring by then and had, on occa- Stax Records and American Sound Studio Adolf Hitler’s invasion of Poland. The global sions, performed in Memphis, where she met producer Chip Moman, The Memphis Horns balance was unstable after World War I (ini- Stax Records songwriter, recording artist and saxophone and trumpet players Andrew Love tially and ironically considered ‘‘the War to producer Isaac Hayes, who suggested she and Wayne Jackson, and Maurice White, End All Wars’’) and international tensions re- move there. After relocating to Memphis, Ruby founder of the multi-Grammy Award winning mained high. Germany especially was dealing taught kindergarten for eight years while build- music group Earth, Wind and Fire. with significant instability and neglect as a ing her music career on the nightclub stages Ruby Wilson passed away on Friday, Au- consequence of the First World War, and this of Beale Street and surrounding venues, in- gust 12, 2016 at 68 years of age. She is sur- national crisis led to the election of Adolf Hit- cluding Club Handy, Rum Boogie Cafe´, Club vived by her daughters Shallisa Alexander and ler. Hitler’s invasion on this day 77 years ago Royale, Mallard’s, Alfred’s, Silky ’O Sullivan’s, Stacey Ragston, her sons Keith and Kenneth provoked Britain and France to declare war The Blues Room, In The Alley on Beale, Moseley, and 12 grandchildren and five great- against the malicious power on September 3,

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\K07SE8.024 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1218 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 1939, leading to a long and bloody inter- THE GROWING CRISIS IN SOUTH Senate both have measures that contain an national conflict. SUDAN arms embargo and other sanctions. For nearly two years, America attempted to In Juba, we met with President Kiir, his De- remain out of the military conflict, calling itself HON. CHRISTOPHER H. SMITH fense Minister Kuol Manyang Juuk and the top members of the general staff, including Chief a neutral power. However, on several occa- OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES of General Staff Paul Malong, considered by sions before entering the war, American mili- Wednesday, September 7, 2016 many to be a major power behind the scenes. tary vessels (including USS Reuben James I emphasized to them that the widespread and USS Kearny) and British civilian vessel Mr. SMITH of New Jersey. Mr. Speaker, on rape and sexual exploitation and abuse by sol- SS Athenia were attacked by German sub- April 27 of this year, the subcommittee I chair diers must stop now, and that perpetrators of marines, resulting in American military and ci- held a hearing on South Sudan’s prospects for these despicable crimes must be prosecuted. vilian casualties. The breaking point for the peace. An accord that appeared to finally end In response, both President Kiir and Defense United States eventually occurred during the the civil war that broke out in December 2013 Minister Jook agreed to produce a ‘zero toler- morning hours of December 7, 1941. It was a was reluctantly signed by both the Govern- ance’ presidential decree against rape and ment of South Sudan and the Sudan People’s date that would live in infamy, as President sexual exploitation and abuse by all armed Liberation Movement—In Opposition in August Franklin Delano Roosevelt announced. Hun- forces. Such a decree not only informs per- 2015. Perhaps too much was read into the dreds of Japanese fighter planes soared over petrators that they will be punished for their signing of that agreement and not enough into actions, but it places the government on the Pearl Harbor, the American naval base near the continuing criticism of the accords by both line to enforce such a decree. Honolulu, Hawaii, destroying a significant por- sides. The UN High Commissioner for Human tion of our nation’s Pacific Fleet and taking Peace was never fully established in South Rights has previously described the South thousands of American lives with it. This un- Sudan as a result of the August 2015 agree- Sudan government’s efforts to hold perpetra- forgivable attack against the United States ment. In fact, fighting spread to areas that had tors of abuses accountable as ‘‘few and inad- provoked Roosevelt and Congress to declare not previously seen armed conflict. An esti- equate.’’ That must change. war on Japan on December 8, 1941. Subse- mated 50,000 South Sudanese have been President Kiir also gave us a copy of a quently, Germany and Italy declared war on killed since December 2013, more than 2.5 presidential order forming a commission to in- the United States, and America joined the Al- million have been displaced, and 4.8 million vestigate the incident at the Terrain com- face severe hunger. According to the UN Mis- lied Powers’ fight against the Axis. In the end, pound. The result of that investigation is due sion in the Republic of South Sudan, or we notably contributed to the extinguishment any day now. There are four military officers UNMISS, ‘‘gross violations of human rights of Nazi Germany and the defeat of its allies. and one civilian in custody for looting the Ter- and serious violations of humanitarian law rain compound, but no one has been arrested World War II transformed the globe as the have occurred on a massive scale.’’ for the sexual assaults, beatings or the public South Sudanese women have long reported deadliest war in history. Over the course of murder of the South Sudanese journalist. cases of sexual assault by armed forces the war, more than 72 million people lost their One of the victims of sexual assault at Ter- lives, leaving nations and families from all throughout the country—sometimes in sight of UNMISS bases. This past July, between 80– rain is from my congressional district. After re- around the globe in deep despair. Out of the laying horrible details of the sexual assault by 690 million people who fought in WWII, 16.1 100 armed soldiers broke into the Terrain apartment compound, which houses aid work- two soldiers, she gave us the name of the sol- million were Americans; of those 16.1 million ers and international organization staff, and for dier who ‘‘rescued’’ her and who might be able courageous soldiers, nearly 292,000 sacrificed several hours, they sexually assaulted women, to provide information that could be used to their most precious possessions—their lives— beat residents, murdered one South Sudanese find and prosecute those who attacked her at for the greater good of our nation and our journalist and looted the facility. the Terrain compound. world. The United States was left in grieving. UNMISS did not respond to the desperate There are about 20,000 humanitarian aid Wives cried for their fallen husbands, sisters calls for help from residents, even though their workers in South Sudan—2,000 of whom are for their brothers, and mothers for their sons. own personnel lived in the Terrain compound, from the United States and other foreign coun- These heroes honorably gave everything to and UNMISS officials say the various compo- tries. If there is not greater security for these humanitarian personnel and supplies, vital as- fight one of the vilest brands of evil the world nents of UNMISS didn’t respond to orders to mobilize from within the organization. sistance will diminish at the time it is needed has ever seen. Thanks to our brave military most. and committed allies who fought in World War UN peacekeepers were minutes away but refused to intervene despite being asked and The exploitation of children as child soldiers II, the world is a better place. having a robust legal mandate to do so. A must stop as well. According to UNICEF, contingent of the South Sudanese military ulti- 16,000 child soldiers have been recruited by f mately rescued the victims from other ram- all sides since civil war began in December 2013. Moreover, this year’s US State Depart- PERSONAL EXPLANATION paging troops. The investigation by the South Sudanese government is scheduled to be ment Trafficking in Persons Report gave completed within days, and there must be South Sudan a failing grade—Tier 3—in part HON. TAMMY DUCKWORTH consequences for those found guilty. The rap- because of child soldiers. idly deteriorating security and the increasingly South Sudan faces the possibility of a UN OF ILLINOIS dire humanitarian situation led me to under- arms embargo and other sanctions. A new 4,000 Regional Protection Force—designed to IN THE HOUSE OF REPRESENTATIVES take an emergency mission to South Sudan two weeks ago along with Staff Director Greg augment the over 13,000 UN uniformed Wednesday, September 7, 2016 Simpkins. peacekeepers—has already been approved by I have known Salva Kiir since he became the UN Security Council. Ms. DUCKWORTH. Mr. Speaker, on Sep- First Vice President in the Government of the There is yet time for South Sudan to make tember 6, 2016, on Roll Call Number 479 on Republic of Sudan in 2005—as a matter of its pivot to peace and good governance by the motion to suspend the rules and pass H.R. fact I met him in Khartoum only weeks after faithfully implementing the comprehensive 5578, Survivors’ Bill of Rights Act of 2016, I he assumed that office—and I hoped my visit peace accord—including and especially the am not recorded. Had I been present, I would might convey to him the outrage over the mur- establishment of a Hybrid Court—signed one have voted YEA on the motion to suspend the der, rape, sexual assault, attack on aid work- year ago but time is running out. rules and pass H.R. 5578. ers, and the precarious situation his govern- The governments of the three guarantors of ment faces. South Sudan is at a tipping point. South Sudan’s peace—the United States, the On September 6, 2016, on Roll Call Number The United Nations will likely take up a meas- United Kingdom and Norway—all have ex- 480 on the motion to suspend the rules and ure to impose an international arms embargo pressed their disgust with the South Sudan pass H.R. 3881, Cooperative Management of on South Sudan this month. The International government and its armed opposition for not Mineral Rights Act of 2016, I am not recorded. Monetary Fund has strongly recommended a adhering to the August 2015 peace agreement Had I been present, I would have voted YEA mechanism for financial transparency and and providing to the extent it can for the secu- on the motion to suspend the rules and pass meets next month, likely expecting a response rity and well-being of its own people. However, H.R. 3881. from South Sudan. Meanwhile the House and expressions of disdain are not enough.

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K07SE8.026 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS September 7, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1219 This hearing I convened on South Sudan medical care is right around the corner. 10:30 a.m. today was not only intended to examine culpa- Through its stellar work, Inova Loudoun has Committee on Banking, Housing, and bility for the current situation, but also to try to proven that it ranks among the best hospitals Urban Affairs find solutions that will safeguard the future of in the country. To hold hearings to examine the Na- tional Flood Insurance Program, focus- Over the years, this hospital has bettered one of the world’s newest nations and its citi- ing on reviewing the recommendations zens. As a guarantor of the peace, we can the lives of countless Americans, not only of the Technical Mapping Advisory and should do no less. through its emergency services, but also Council’s 2015 Annual Report. f through its mobile health screenings and edu- SD–538 cation initiatives. Its outstanding work has 2:30 p.m. TRIBUTE TO TYPHANIE AND NICK earned it many accolades and awards. Inova Committee on Commerce, Science, and MAHLSTADT Loudoun has continued to provide a valuable Transportation service to communities and their families. Subcommittee on Consumer Protection, HON. DAVID YOUNG Mr. Speaker, I ask that my colleagues join Product Safety, Insurance, and Data me in congratulating Inova Loudoun on its Security OF IOWA To hold hearings to examine an original IN THE HOUSE OF REPRESENTATIVES brick breaking ceremony of the emergency de- bill entitled, ‘‘Better Online Ticket partment expansion. I wish this hospital all the Wednesday, September 7, 2016 Sales Act of 2016’’. best for its promising future. SR–253 Mr. YOUNG of Iowa. Mr. Speaker, I rise f today to recognize and congratulate Typhanie and Nick Mahlstadt of Indianola, Iowa as hon- SENATE COMMITTEE MEETINGS SEPTEMBER 14 orees of the 2016 Angels in Adoption Award. Title IV of Senate Resolution 4, 10 a.m. Each year, the Congressional Coalition on agreed to by the Senate of February 4, Committee on the Judiciary Adoption Institute (CCAI) selects individuals, 1977, calls for establishment of a sys- Subcommittee on Oversight, Agency Ac- tem for a computerized schedule of all tion, Federal Rights and Federal families or organizations who demonstrate a Courts commitment to improving the lives of children meetings and hearings of Senate com- To hold hearings to examine protecting in need of permanent, loving homes. Many mittees, subcommittees, joint commit- Internet freedom, focusing on the im- have come away from this experience with a tees, and committees of conference. plications of ending United States renewed commitment to serve the needs of This title requires all such committees oversight of the Internet. the millions of children who are waiting for a to notify the Office of the Senate Daily SD–226 loving family to call their own. Digest—designated by the Rules Com- 10:30 a.m. I am proud that you are being welcomed mittee—of the time, place and purpose Committee on Banking, Housing, and into a select group of distinguished leaders of the meetings, when scheduled and Urban Affairs any cancellations or changes in the Subcommittee on National Security and who CCAI recognizes as 2016 Angels in International Trade and Finance Adoption honorees. Your tireless dedication to meetings as they occur. To hold hearings to examine terror fi- children sets you apart as a shining example As an additional procedure along nancing risks of America’s $400 million in Indianola, across Iowa and throughout the with the computerization of this infor- cash payment to Iran. United States, earning you well-deserved rec- mation, the Office of the Senate Daily SD–538 ognition as extraordinary individuals and quite Digest will prepare this information for 2:15 p.m. worthy of this award. printing in the Extensions of Remarks Committee on Foreign Relations Mr. Speaker, it is an honor to represent section of the CONGRESSIONAL RECORD To hold hearings to examine North At- on Monday and Wednesday of each lantic Treaty Organization expansion, Typhanie and Nick Mahlstadt in the United focusing on the accession of Monte- States Congress and it is with great pride that week. negro. I recognize them today. I ask that my col- Meetings scheduled for Thursday, SD–419 leagues in the United States House of Rep- September 8, 2016 may be found in the Committee on Indian Affairs resentatives join me in congratulating the Daily Digest of today’s RECORD. To hold hearings to examine S. 2636, to Mahlstadt family as they receive this honor amend the Act of June 18, 1934, to re- and wish them nothing but the best in their MEETINGS SCHEDULED quire mandatory approval of applica- lives and the lives of children everywhere. tions for land to be taken into trust if SEPTEMBER 12 the land is wholly within a reservation, 5 p.m. f S. 3216, to repeal the Act entitled ‘‘An Committee on Foreign Relations Act to confer jurisdiction on the State IN RECOGNITION OF INOVA To receive a closed briefing on the failed of Iowa over offenses committed by or coup in Turkey and the future of LOUDOUN EMERGERCY DEPART- against Indians on the Sac and Fox In- United States-Turkish cooperation. MENT EXPANSION dian Reservation’’, S. 3222, to authorize SVC–217 the Secretary of the Interior to assess HON. BARBARA COMSTOCK sanitation and safety conditions at Bu- SEPTEMBER 13 reau of Indian Affairs facilities that OF VIRGINIA 9:30 a.m. were constructed to provide treaty IN THE HOUSE OF REPRESENTATIVES Committee on Armed Services tribes access to traditional fishing Wednesday, September 7, 2016 To hold hearings to examine encryption grounds and expend funds on construc- and cyber matters; with the possibility tion of facilities and structures to im- Mrs. COMSTOCK. Mr. Speaker, I rise to of a closed session in SVC–217, fol- prove those conditions, and an original recognize Inova Loudoun’s brick breaking lowing the open session. bill entitled, ‘‘The Hualapai Tribe ceremony for the emergency department ex- SH–216 Water Rights Settlement Act of 2016’’. pansion, taking place on September 7th, 2016. 10 a.m. SD–628 Since 1912, Inova Loudoun’s healthcare pro- Committee on Agriculture, Nutrition, and 2:30 p.m. fessionals have worked to provide their pa- Forestry Committee on Appropriations Business meeting to consider H.R. 2647, Subcommittee on Energy and Water Devel- tients with the best care and treatments to to expedite under the National Envi- opment continue saving lives. Not only does Inova ronmental Policy Act of 1969 and im- To hold hearings to examine the future Loudoun provide a crucial service for its com- prove forest management activities on of nuclear power. munity, but the hospital uses state-of-the-art National Forest System lands, on pub- SD–138 technology to give their doctors the tools they lic lands under the jurisdiction of the Committee on the Budget need to treat their patients. This is an impor- Bureau of Land Management, and on To hold an oversight hearing to examine tant milestone for this wonderful hospital. tribal lands to return resilience to the Congressional Budget Office. One of the foundations of modern society is overgrown, fire-prone forested lands. SD–608 SR–328A Committee on Veterans’ Affairs the ability of all people to have access to qual- Committee on Foreign Relations To hold hearings to examine the future ity emergency care. The mission of Inova To hold hearings to examine Brexit, fo- of the Department of Veterans Affairs, Loudoun, providing top-notch medical serv- cusing on United States interests in focusing on examining the Commission ices, has given residents in Virginia peace of the United Kingdom and Europe. on Care report and the VA’s response. mind, knowing that some of the country’s best SD–419 SR–418

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\K07SE8.028 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS E1220 CONGRESSIONAL RECORD — Extensions of Remarks September 7, 2016 Special Committee on Aging SEPTEMBER 15 10:30 a.m. To hold hearings to examine maximizing 10 a.m. Committee on Small Business and Entre- Social Security benefits. Committee on Commerce, Science, and preneurship SD–562 Transportation To hold hearings to examine the Federal To hold an oversight hearing to examine response and resources for Louisiana the Federal Communications Commis- flood victims. sion. SR–428A SR–253 2:15 p.m. Committee on Homeland Security and Committee on Foreign Relations Governmental Affairs To hold hearings to examine reviewing To hold hearings to examine the state of the civil nuclear agreement with Nor- health insurance markets. way. SD–342 SD–419

VerDate Sep 11 2014 07:00 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\M07SE8.000 E07SEPT1 emcdonald on DSK9F6TC42PROD with REMARKS Wednesday, September 7, 2016 Daily Digest Senate Chamber Action Authorities for Committees to Meet: Page S5420 Adjournment: Senate convened at 10 a.m. and ad- Routine Proceedings, pages S5301–S5420 journed at 6:53 p.m., until 9:30 a.m. on Thursday, Measures Introduced: Nine bills were introduced, September 8, 2016. (For Senate’s program, see the as follows: S. 3290–3298. Pages S5368–69 remarks of the Acting Majority Leader in today’s Measures Considered: Record on page S5420.) Water Resources Development Act—Agreement: Senate began consideration of S. 2848, to provide for Committee Meetings the conservation and development of water and re- (Committees not listed did not meet) lated resources, to authorize the Secretary of the Army to construct various projects for improvements COMPREHENSIVE NUCLEAR TEST-BAN to rivers and harbors of the United States, after TREATY agreeing to the motion to proceed, withdrawing the Committee on Foreign Relations: Committee concluded committee reported amendments, and taking action a hearing to examine the Administration’s proposal on the following amendments proposed thereto: for a United Nations resolution on the Comprehen- Pages S5324–61 sive Nuclear Test-Ban Treaty, after receiving testi- Pending: mony from Stephen G. Rademaker, The Podesta McConnell (for Inhofe) Amendment No. 4979, in Group, and Michael Krepon, The Stimson Center, the nature of a substitute. Page S5356 both of Washington, D.C. Inhofe Amendment No. 4980 (to Amendment BUSINESS MEETING No. 4979), to make a technical correction. Committee on Indian Affairs: Committee ordered favor- Pages S5356–57 ably reported the following business items: A unanimous-consent agreement was reached pro- S. 2711, to expand opportunity for Native Amer- viding for further consideration of the bill at ap- ican children through additional options in edu- proximately 9:30 a.m., on Thursday, September 8, cation, with an amendment in the nature of a sub- 2016. Page S5420 stitute; Moment of Silence—Agreement: A unanimous- S. 2959, to amend the White Mountain Apache consent agreement was reached providing that at ap- Tribe Water Rights Quantification Act of 2010 to proximately 9:30 a.m., on Thursday, September 8, clarify the use of amounts in the WMAT Settlement 2016, Senate observe a moment of silence in remem- Fund, with an amendment; and brance of the lives lost in the attacks of September S. Con. Res. 49, supporting efforts to stop the 11, 2001. Page S5420 theft, illegal possession or sale, transfer, and export Messages from the House: Page S5368 of tribal cultural items of Indians, Alaska Natives, and Native Hawaiians in the United States and Measures Referred: Page S5368 internationally, with an amendment. Measures Placed on the Calendar: Page S5368 INDIAN AFFAIRS LEGISLATION Measures Read the First Time: Page S5368 Committee on Indian Affairs: Committee concluded a Additional Cosponsors: Pages S5369–70 hearing to examine S. 2285, to provide for the rec- Statements on Introduced Bills/Resolutions: ognition of the Lumbee Tribe of North Carolina, S. Pages S5370–73 3234, to amend the Native American Business De- velopment, Trade Promotion, and Tourism Act of Additional Statements: Pages S5365–68 2000, the Buy Indian Act, the Indian Trader Act, Amendments Submitted: Pages S5373–S5420 and the Native American Programs Act of 1974 to D884

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provide industry and economic development oppor- United States District Judge for the Northern Dis- tunities to Indian communities, S. 3261, to establish trict of Texas, after the nominees testified and an- a business incubators program within the Depart- swered questions in their own behalf. ment of the Interior to promote economic develop- ment in Indian reservation communities, and H.R. VETERANS HEALTH ADMINISTRATION 4685, to take certain Federal lands located in Tulare Committee on Veterans’ Affairs: Committee concluded a County, California, into trust for the benefit of the hearing to examine Veterans Health Administration Tule River Indian Tribe, after receiving testimony best practices, focusing on exploring the Diffusion of from Cheryl Andrews-Maltais, Senior Policy Advisor, Excellence initiative, after receiving testimony from Assistant Secretary—Indian Affairs, Department of Carolyn Clancy, Deputy Under Secretary of Veterans the Interior; Harvey J. Godwin Jr., Lumbee Tribe of Affairs for Organizational Excellence, Veterans North Carolina, Pembroke; Kenneth McDarment, Health Administration. Tule River Tribe of California, Porterville; and Der- rick Watchman, The National Center for American SECURING AMERICA’S RETIREMENT Indian Enterprise Development, Mesa, Arizona. FUTURE NOMINATIONS Special Committee on Aging: Committee concluded a Committee on the Judiciary: Committee concluded a hearing to examine securing America’s retirement fu- hearing to examine the nominations of Walter David ture, focusing on the Bipartisan Policy Center’s rec- Counts, III, to be United States District Judge for ommendations to boost savings, after receiving testi- the Western District of Texas, Karen Gren Scholer, mony from former Senator Kent Conrad, and James to be United States District Judge for the Eastern B. Lockhart III, both of the Bipartisan Policy Center District of Texas, and E. Scott Frost, James Wesley Commission on Retirement Security and Personal Hendrix, and Irma Carrillo Ramirez, each to be a Savings, Washington, D.C. h House of Representatives United States is a party, by a recorded vote of 241 Chamber Action ayes to 174 noes, Roll No. 488. Pages H5119–36 Public Bills and Resolutions Introduced: 11 Rejected the Meng motion to recommit the bill public bills, H.R. 5942–5950; and 2 resolutions, to the Committee on the Judiciary with instructions H. Res. 847–848, were introduced. Page H5161 to report the same back to the House forthwith with Additional Cosponsors: Pages H5162–63 an amendment, by a recorded vote of 181 ayes to 234 noes, Roll No. 487. Pages H5134–35 Report Filed: A report was filed today as follows: Pursuant to the Rule, the amendment in the na- H.R. 5178, to amend title 38, United States ture of a substitute recommended by the Committee Code, to direct the Secretary of Veterans Affairs to on the Judiciary now printed in the bill shall be provide educational and vocational counseling for considered as an original bill for the purpose of veterans on campuses of institutions of higher learn- amendment under the five-minute rule. Page H5124 ing, and for other purposes, with an amendment (H. Agreed to: Rept. 114–727). Page H5161 Price (GA) amendment (No. 6 printed in H. Speaker: Read a letter from the Speaker wherein he Rept. 114–724) that requires the head of each Fed- appointed Representative Valadao to act as Speaker eral agency to electronically submit a report to the pro tempore for today. Page H5099 Congressional Budget Office on each settlement Recess: The House recessed at 11:07 a.m. and re- agreement entered into pursuant to this bill; and convened at 12 noon. Pages H5106–07 Pages H5130–31 Price (GA) amendment (No. 7 printed in H. Guest Chaplain: The prayer was offered by the Rept. 114–724) that requires each agency’s Inspector Guest Chaplain, Rev. Marvin Jacobo, City Ministry General to report annually to the House and Senate Network, Modesto, CA. Page H5107 Committees on the Budget, the Judiciary, and Ap- Stop Settlement Slush Funds Act of 2016: The propriations on any settlement agreement entered House passed H.R. 5063, to limit donations made into by an during the previous year that are in viola- pursuant to settlement agreements to which the tion of section 2. Page H5131

VerDate Sep 11 2014 06:49 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE6.REC D07SEPT1 emcdonald on DSK9F6TC42PROD with DIGEST D886 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2016 Rejected: the resignation of Representative Whitfield: Rep- Jackson Lee amendment (No. 3 printed in H. resentative Kinzinger (IL). Page H5136 Rept. 114–724) that sought to exempt settlement Suspensions: The House agreed to suspend the rules agreements that pertain to providing restitution for and pass the following measures: a State; Pages H5126–27 Conyers amendment (No. 1 printed in H. Rept. Recognizing the importance of the United 114–724) that sought to exempt from the bill any States-Republic of Korea-Japan trilateral relation- settlement pertaining to discrimination based on ship to counter North Korean threats and nuclear race, religion, national origin, or any other protected proliferation, and to ensure regional security and category (by a recorded vote of 178 ayes to 234 noes, human rights: H. Res. 634, amended, recognizing Roll No. 483); Pages H5125, H5131–32 the importance of the United States-Republic of Cicilline amendment (No. 2 printed in H. Rept. Korea-Japan trilateral relationship to counter North 114–724) that sought to exempt settlement agree- Korean threats and nuclear proliferation, and to en- ments that strengthen the personal privacy of Ameri- sure regional security and human rights; cans from the blanket prohibition in this legislation Pages H5139–42 (by a recorded vote of 175 ayes to 236 noes, Roll Education for All Act of 2016: H.R. 4481, No. 484); Pages H5125–26, H5132–33 amended, to amend the Foreign Assistance Act of Jackson Lee amendment (No. 4 printed in H. 1961 to provide assistance for developing countries Rept. 114–724) that sought to exempt settlement to promote quality basic education and to establish agreements that resolves a civil action or potential the goal of all children in school and learning as an civil action in relation to sexual harassment, vio- objective of the United States foreign assistance pol- lence, or discrimination in the work place (by a re- icy; Pages H5142–46 corded vote of 178 ayes to 235 noes, Roll No. 485); and Pages H5128–29, H5133 Digital Global Access Policy Act of 2016: H.R. Gosar amendment (No. 5 printed in H. Rept. 5537, amended, to promote internet access in devel- 114–724) that sought to cap settlement payments oping countries and update foreign policy toward the for attorney fees provided in relation to environ- internet; and Pages H5146–49 mental cases at $125 per hour (by a recorded vote African Growth and Opportunity Act Enhance- of 155 ayes to 262 noes, Roll No. 486). ment Act: H.R. 2845, amended, to promote access Pages H5129–30, H5133–34 to benefits under the African Growth and Oppor- H. Res. 843, the rule providing for consideration tunity Act. Pages H5149–53 of the bill (H.R. 5063) was agreed to by a recorded Suspension—Proceedings Postponed: The House vote of 231 ayes to 178 noes, Roll No. 482, after debated the following measure under suspension of the previous question was ordered by a yea-and-nay the rules. Further proceedings were postponed. vote of 231 yeas to 177 nays, Roll No. 481. Pages H5117–19 Expressing the sense of the House of Representa- Authorizing the use of the Capitol Grounds for tives to support the territorial integrity of Georgia: the District of Columbia Special Olympics Law H. Res. 660, expressing the sense of the House of Enforcement Torch Run: The House agreed to Representatives to support the territorial integrity of take from the Speaker’s table and agree to H. Con. Georgia. Pages H5136–39 Res. 131, authorizing the use of the Capitol John F. Kennedy Centennial Commission—Ap- Grounds for the District of Columbia Special Olym- pointment: Read a letter from Representative pics Law Enforcement Torch Run. Page H5119 Pelosi, Minority Leader, in which she appointed the Unanimous Consent Agreement: Agreed by unan- following Member to the John F. Kennedy Centen- imous consent that it be in order at any time on the nial Commission: Representative Kennedy. legislative day of September 9, 2016, for the Speaker Page H5153 to entertain motions that the House suspend the Senate Message: Message received from the Senate rules, as though under clause 1 of rule 15, relating by the Clerk and subsequently presented to the to the bill (S. 2040) to deter terrorism, and provide House today appears on page H5112. justice for victims. Page H5136 Quorum Calls—Votes: One yea-and-nay vote and North American Energy Security and Infrastruc- seven recorded votes developed during the pro- ture Act of 2016—Change in Conferees: The ceedings of today and appear on pages H5117–18, Chair appointed the following conferee on S. 2012, H5118–19, H5131–32, H5132, H5133, H5133–34, to provide for the modernization of the energy policy H5135, and H5135–36. There were no quorum of the United States, to fill the vacancy caused by calls.

VerDate Sep 11 2014 06:49 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE6.REC D07SEPT1 emcdonald on DSK9F6TC42PROD with DIGEST September 7, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D887 Adjournment: The House met at 10 a.m. and ad- OVERSIGHT OF THE JUDGMENT FUND: journed at 7:37 p.m. IRAN, BIG SETTLEMENTS, AND THE LACK OF TRANSPARENCY Committee Meetings Committee on the Judiciary: Subcommittee on the Con- DEFERRED MAINTENANCE IN THE stitution and Civil Justice held a hearing entitled NUCLEAR SECURITY ENTERPRISE: SAFETY ‘‘Oversight of the Judgment Fund: Iran, Big Settle- AND MISSION RISKS ments, and the Lack of Transparency’’. Testimony was heard from public witnesses. Committee on Armed Services: Subcommittee on Stra- tegic Forces held a hearing entitled ‘‘Deferred Main- MISCELLANEOUS MEASURES tenance in the Nuclear Security Enterprise: Safety and Mission Risks’’. Testimony was heard from Committee on Natural Resources: Full Committee began Frank Klotz, Administrator, National Nuclear Secu- a markup on H.R. 3764, the ‘‘Tribal Recognition rity Administration; James McConnell, Associate Act of 2015’’; H.R. 4564, the ‘‘Robert Emmet Park Administrator for Safety, Infrastructure, and Oper- Act of 2016’’; H.R. 5032, to allow certain property ations, National Nuclear Security Administration; in the town of Louisa, Virginia, to be used for pur- and public witnesses. poses related to compliance with water quality standards, and for other purposes; and H.R. 5259, CENTER FOR MEDICARE AND MEDICAID the ‘‘Certainty for States and Tribes Act’’. INNOVATION: SCORING ASSUMPTIONS AND REAL–WORLD IMPLICATIONS OVERSIGHT OF THE DEPARTMENT OF Committee on the Budget: Full Committee held a hear- DEFENSE OFFICE OF INSPECTOR ing entitled ‘‘Center for Medicare and Medicaid In- GENERAL’S MILITARY WHISTLEBLOWER novation: Scoring Assumptions and Real-World Im- REPRISAL INVESTIGATIONS plications’’. Testimony was heard from Mark Hadley, Committee on Oversight and Government Reform: Sub- Deputy Director, Congressional Budget Office; and committee on National Security held a hearing enti- public witnesses. tled ‘‘Oversight of the Department of Defense Office FEDERAL POWER ACT: HISTORICAL of Inspector General’s Military Whistleblower Re- PERSPECTIVES prisal Investigations’’. Testimony was heard from Committee on Energy and Commerce: Subcommittee on Representative Zinke; Glenn Fine, Principal Deputy Energy and Power held a hearing entitled ‘‘Federal Inspector General, Department of Defense; Lori At- Power Act: Historical Perspectives’’. Testimony was kinson, Assistant Director, Defense Capabilities and heard from public witnesses. Management, Government Accountability Office; and a public witness. FEDERAL RESERVE DISTRICTS: GOVERNANCE, MONETARY POLICY, AND COMMERCIAL REMOTE SENSING: ECONOMIC PERFORMANCE FACILITATING INNOVATION AND Committee on Financial Services: Subcommittee on LEADERSHIP Monetary Policy and Trade held a hearing entitled Committee on Science, Space, and Technology: Sub- ‘‘Federal Reserve Districts: Governance, Monetary committee on Space held a hearing entitled ‘‘Com- Policy, and Economic Performance’’. Testimony was mercial Remote Sensing: Facilitating Innovation and heard from Jeffrey M. Lacker, President and Chief Leadership’’. Testimony was heard from public wit- Executive Officer, Federal Reserve Bank of Rich- nesses. mond; Esther L. George, President and Chief Execu- tive Officer, Federal Reserve Bank of Kansas City; ENSURING OPPORTUNITIES: OVERSIGHT and public witnesses. OF THE HUBZONE PROGRAM THE GROWING CRISIS IN SOUTH SUDAN Committee on Small Business: Full Committee held a Committee on Foreign Affairs: Subcommittee on Africa, hearing entitled ‘‘Ensuring Opportunities: Oversight Global Health, Global Human Rights, and Inter- of the HUBZone Program’’. Testimony was heard national Organizations held a hearing entitled ‘‘The from William B. Shear, Director, Financial Markets Growing Crisis in South Sudan’’. Testimony was and Community Investment, Government Account- heard from Donald Booth, Special Envoy to Sudan ability Office; and John Shoraka, Associate Adminis- and South Sudan, Department of State; and public trator, Office of Government Contracts and Business witnesses. Development, Small Business Administration.

VerDate Sep 11 2014 06:49 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D07SE6.REC D07SEPT1 emcdonald on DSK9F6TC42PROD with DIGEST D888 CONGRESSIONAL RECORD — DAILY DIGEST September 7, 2016 FEDERAL MARITIME NAVIGATION COMMITTEE MEETINGS FOR THURSDAY, PROGRAMS: INTERAGENCY COOPERATION SEPTEMBER 8, 2016 AND TECHNOLOGICAL CHANGE (Committee meetings are open unless otherwise indicated) Committee on Transportation and Infrastructure: Sub- committee on Coast Guard and Maritime Transpor- Senate tation; and Subcommittee on Water Resources and Committee on Foreign Relations: to hold hearings to exam- Environment, held a joint hearing entitled ‘‘Federal ine Pakistan, focusing on challenges for United States in- Maritime Navigation Programs: Interagency Co- terests, 10 a.m., SD–419. operation and Technological Change’’. Testimony Committee on Homeland Security and Governmental Affairs: was heard from Rear Admiral Paul F. Thomas, As- Subcommittee on Regulatory Affairs and Federal Manage- ment, to hold hearings to examine reviewing independent sistant Commandant for Prevention Policy, U.S. agency rulemaking, 10 a.m., SD–342. Coast Guard; Rear Admiral Shephard Smith, Direc- Committee on the Judiciary: business meeting to consider tor, Office of Coast Survey, National Oceanic and S. 2763, to provide the victims of Holocaust-era persecu- Atmospheric Administration; and Edward E. Belk, tion and their heirs a fair opportunity to recover works Jr., Chief, Operations and Regulatory Division, U.S. of art confiscated or misappropriated by the Nazis, S. Army Corps of Engineers. 3155, to amend chapter 97 of title 28, United States Code, to clarify the exception to foreign sovereign immu- BUSINESS MEETING; FROM TUMULT TO nity set forth in section 1605(a)(3) of such title, S. 3270, TRANSFORMATION: THE COMMISSION ON to prevent elder abuse and exploitation and improve the justice system’s response to victims in elder abuse and ex- CARE AND THE FUTURE OF THE VA ploitation cases, and the nominations of Danny C. Reeves, HEALTHCARE SYSTEM of Kentucky, and Charles R. Breyer, of California, both Committee on Veterans’ Affairs: Full Committee held a to be a Member of the United States Sentencing Commis- business meeting on possible motions to subpoena sion, Kathleen Marie Sweet, to be United States District information from the U.S. Department of Veterans Judge for the Western District of New York, Lucy Affairs; and hearing entitled ‘‘From Tumult to Haeran Koh, of California, to be United States Circuit Judge for the Ninth Circuit, and Florence Y. Pan, to be Transformation: The Commission on Care and the United States District Judge for the District of Columbia, Future of the VA Healthcare System’’. Testimony Time to be announced, S–216, Capitol. was heard from Nancy Schlichting, Chairperson, Select Committee on Intelligence: to receive a closed brief- Commission on Care; and Delos M. (Toby) Cosgrove, ing on certain intelligence matters, 2 p.m., SH–219. M.D., Vice Chairperson, Commission on Care. House UNEMPLOYMENT INSURANCE: AN Committee on Armed Services, Subcommittee on Military OVERVIEW OF THE CHALLENGES AND Personnel, hearing entitled ‘‘Views on H.R. 4298: Viet- STRENGTHS OF TODAY’S SYSTEM nam Helicopter Crew Memorial Act and H.R. 5458: Vet- eran’s TRICARE Choice Act’’, 3:30 p.m., 2118 Rayburn. Committee on Ways and Means: Subcommittee on Committee on Energy and Commerce, Subcommittee on Human Resources held a hearing entitled ‘‘Unem- Health, hearing entitled ‘‘Examining Legislation to Im- ployment Insurance: An Overview of the Challenges prove Public Health’’, 10 a.m., 2322 Rayburn. and Strengths of Today’s System’’. Testimony was Subcommittee on Communications and Technology, heard from Cissy Proctor, Executive Director, Florida hearing entitled ‘‘Rural Call Quality and Reliability’’, 2 Department of Economic Opportunity; Michelle p.m., 2322 Rayburn. Beebe, Director, Unemployment Insurance, Utah Committee on Financial Services, Subcommittee on Over- Department of Workforce Services; and public wit- sight and Investigations, hearing entitled ‘‘Fueling Terror: nesses. The Dangers of Ransom Payments to Iran’’, 10 a.m., 2128 Rayburn. Committee on Foreign Affairs, Full Committee, hearing THE EVOLUTION OF QUALITY IN entitled ‘‘Reforming the National Security Council: Effi- MEDICARE PART A ciency and Accountability’’, 10 a.m., 2172 Rayburn. Committee on Ways and Means: Subcommittee on Subcommittee on the Middle East and North Africa; Health held a hearing entitled ‘‘The Evolution of and the Subcommittee on Energy of the House Com- Quality in Medicare Part A’’. Testimony was heard mittee on Science, Space, and Technology, joint hearing from public witnesses. entitled ‘‘Eastern Mediterranean Energy: Challenges and Opportunities for U.S. Regional Priorities’’, 2 p.m., 2172 Rayburn. Subcommittee on Asia and the Pacific, hearing entitled Joint Meetings ‘‘Asia’s Growing Hunger for Energy: U.S. Policy and No joint committee meetings were held. Supply Opportunities’’, 3 p.m., 2255 Rayburn.

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Committee on Homeland Security, Subcommittee on gling to Grow: Assessing the Challenges for Small Busi- Counterterrorism and Intelligence, hearing entitled ‘‘State nesses in Rural America’’, 10 a.m., 2360 Rayburn. and Local Perspectives on Federal Information Sharing’’, Committee on Ways and Means, Full Committee, markup 10 a.m., 311 Cannon. on a bill to amend title XVIII of the Social Security Act Committee on the Judiciary, Full Committee, markup on to establish a demonstration program to provide inte- H.R. 3438, the ‘‘Require Evaluation before Implementing grated care for Medicare beneficiaries with end-stage renal Executive Wishlists Act of 2015’’, 10 a.m., 2237 Ray- disease, and for other purposes; and H.R. 954, to amend burn. the Internal Revenue Code of 1986 to exempt from the Committee on Natural Resources, Full Committee, markup individual mandate certain individuals who had coverage on H.R. 3764, the ‘‘Tribal Recognition Act of 2015’’; under a terminated qualified health plan funded through H.R. 4564, the ‘‘Robert Emmet Park Act of 2016’’; H.R. the Consumer Operated and Oriented Plan (CO–OP) pro- 5032, to allow certain property in the town of Louisa, gram, 10 a.m., 1100 Longworth. Virginia, to be used for purposes related to compliance with water quality standards, and for other purposes; and Joint Meetings H.R. 5259, the ‘‘Certainty for States and Tribes Act’’ (continued), 11 a.m., 2167 Rayburn. Joint Economic Committee: to hold hearings to examine Committee on Oversight and Government Reform, Full Com- Federal debt, focusing on direction, drivers, and dangers, mittee, hearing entitled ‘‘Examining FOIA Compliance at 9:30 a.m., SH–216. the Department of State’’, 10 a.m., 2154 Rayburn. Conference: meeting of conferees on S. 2012, to provide Committee on Small Business, Subcommittee on Economic for the modernization of the energy policy of the United Growth, Tax and Capital Access, hearing entitled ‘‘Strug- States, 9:30 a.m., SD–106.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 8 10 a.m., Thursday, September 8

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 2357— ation of S. 2848, Water Resources Development Act. Accelerating Access to Capital Act of 2016 (Subject to a (At 9:30 a.m., Senate will observe a moment of silence in Rule). remembrance of the lives lost in the attacks of September 11, 2001.)

Extensions of Remarks, as inserted in this issue

HOUSE Duckworth, Tammy, Ill., E1218 Meehan, Patrick, Pa., E1199, E1201 Farr, Sam, Calif., E1205 Miller, Candice S., Mich., E1209 Aderholt, Robert B., Ala., E1206 Gosar, Paul A., Ariz., E1210 Moolenaar, John R., Mich., E1211 Blackburn, Marsha, Tenn., E1212 Gutie´rrez, Luis, V., Ill., E1208 Olson, Pete, Tex., E1200, E1208, E1212 Bordallo, Madeleine Z., Guam, E1206, E1208 Huffman, Jared, Calif., E1207 Perlmutter, Ed, Colo., E1200, E1201, E1201, E1203, Boustany, Charles W., Jr., La., E1206 Hurd, Will, Tex., E1202 E1207, E1209, E1212, E1213, E1214, E1216 Brady, Kevin, Tex., E1201 Keating, William R., Mass., E1200, E1211 Poe, Ted, Tex., E1217 Burgess, Michael C., Tex., E1202, E1204 Kind, Ron, Wisc., E1204 Quigley, Mike, Ill., E1202, E1215 Cartwright, Matt, Pa., E1202 Long, Billy, Mo., E1213 Smith, Christopher H., N.J., E1218 Cohen, Steve, Tenn., E1217 Lowenthal, Alan S., Calif., E1204 Smith, Lamar, Tex., E1203 Comstock, Barbara, Va., E1199, E1201, E1203, E1207, Luetkemeyer, Blaine, Mo., E1208, E1210, E1211, E1216 Torres, Norma J., Calif., E1206 E1210, E1212, E1213, E1215, E1216, E1219 MacArthur, Thomas, N.J., E1206, E1214 Visclosky, Peter J., Ind., E1207 Costa, Jim, Calif., E1199, E1203, E1210, E1212, E1213, Marchant, Kenny, Tex., E1200 Wilson, Joe, S.C., E1202, E1215 E1215 McCollum, Betty, Minn., E1214 Young, David, Iowa, E1199, E1201, E1204, E1207, E1210, Courtney, Joe, Conn., E1211 McDermott, Jim, Wash., E1214 E1212, E1214, E1215, E1216, E1219

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