Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, SECOND SESSION

Vol. 164 WASHINGTON, MONDAY, JUNE 25, 2018 No. 106 House of Representatives The House met at noon and was voice, reminding your colleagues, even dered a week ago are in the system, called to order by the Speaker pro tem- if Donald Trump doesn’t recognize the why can’t we tell parents where their pore (Mr. ARRINGTON). Fifth Amendment, that under the Con- most precious possession, their chil- f stitution, nobody is denied of life, lib- dren, are—and the notion that some erty, or property without due process are walking away from detention fa- DESIGNATION OF SPEAKER PRO of law. cilities. TEMPORE There are over 300 other Republicans The Trump administration is talking The SPEAKER pro tempore laid be- in the House and Senate, and I hope about reorganizing essential govern- fore the House the following commu- America hears from them. And Demo- ment departments. Maybe if they want nication from the Speaker: crats should welcome a contest of ideas to do that, they ought to start with the and a contest at the ballot box, not Immigration and Customs Enforce- WASHINGTON, DC, ment. They ought to start with the De- June 25, 2018. shouting at restaurants. I hereby appoint the Honorable JODEY C. It is important that we don’t lose partment of Homeland Security and ARRINGTON to act as Speaker pro tempore on sight of the bigger picture. There is a the Department of Health and Human this day. reason that tens of thousands of people Services, all of the agencies that are a PAUL D. RYAN, have come to the southern border: the part of this embarrassing spectacle, to Speaker of the House of Representatives. chaos and violence in parts of Mexico, figure out how to do it right, how to do f especially Central America, and the vi- it humanely, in an open and transparent fashion, and stop the notion MORNING-HOUR DEBATE olence especially strong in the triangle of Honduras, Guatemala, and El Sal- that somehow there will be zero toler- The SPEAKER pro tempore. Pursu- vador. ance; that we will separate children ant to the order of the House of Janu- The United States is not an entirely from their families at the borders; and ary 8, 2018, the Chair will now recog- innocent bystander there. We have sup- we will criminalize people who are nize Members from lists submitted by ported repressive dictators in those seeking asylum. the majority and minority leaders for countries in the 1980s, and we have Let’s stop this malignant policy. morning-hour debate. been meddling in their affairs for gen- Let’s get children back to their par- The Chair will alternate recognition erations. ents. Let’s elevate the discourse re- between the parties. All time shall be It is the lucrative American drug spectfully, but forcefully battle ideas equally allocated between the parties, market that has fueled the drug trade and support the vulnerable. It is not merely a question of justice and in no event shall debate continue and gang activity. Part of our failed for immigrant children, but of justice beyond 1:50 p.m. Each Member, other drug policies have destabilized the and integrity of all Americans. than the majority and minority leaders lives of millions. The immense profits and the minority whip, shall be limited from the American drug trade drives f to 5 minutes. that activity to the borders, corrupts TIME TO TACKLE THE DILEMMA f governments, and has created a situa- OF IMMIGRATION tion where we cannot even keep drugs IMMIGRANT CHILDREN The SPEAKER pro tempore. The and cell phones out of American pris- Chair recognizes the gentleman from The SPEAKER pro tempore. The ons. Michigan (Mr. MITCHELL) for 5 minutes. Chair recognizes the gentleman from What is the answer? I would suggest Mr. MITCHELL. Mr. Speaker, ‘‘Un- Oregon (Mr. BLUMENAUER) for 5 min- that it is not to deny people fearing for less someone like you cares a whole utes. their lives a right to prove their case awful lot, nothing is going to get bet- Mr. BLUMENAUER. Mr. Speaker, as as refugees seeking asylum. The an- ter. It’s not.’’ we recover from the chaos emanating swer is not to hold children hostages in For those who are not familiar with from the White House and the tweeter- a macabre, hateful drama that is a the insights of Dr. Seuss, that quote in-chief last week, it is important to shame on all Americans. concludes ‘‘The Lorax.’’ You see, when recognize children are not invaders. The answer is not to forcibly take I got home on Friday night, my 8-year- Children must not be used as political children out of the arms of their moth- old wanted to watch a move with dad. pawns for reckless immigration en- er, and then lose them in the system. I We watched ‘‘The Lorax’’ with him forcement policy. mean, wait a minute. If the Postal belly laughing at some of the scenes I thank JUSTIN AMASH for being a Service and UPS can tell you where the and me just enjoying him curled up be- lonely, but principled Republican sweat socks and the razors that you or- side me, happy to be together at home.

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.

H5583

VerDate Sep 11 2014 01:21 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.000 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5584 CONGRESSIONAL RECORD — HOUSE June 25, 2018 Playing through my mind also—as it There is no answer to these issues from their homes to provide to chil- has for some time—was our collective that is perfect, in the view of myself dren, and oftentimes run to McDon- struggle with legal immigration and and many, because we are in a rep- ald’s and other restaurants to get food our Nation’s struggle with addressing resentative democracy. I don’t believe for hungry kids who had a very long, this problem. perfect exists in the world. dangerous journey. For anyone wondering if I did not see I spent 35 years in a private business. No one is denying that the situation or feel the real painful events of sepa- I don’t think I ever saw perfect. My on our Nation’s border is terrible, and rating children from their parents at spouse and children will tell you I am our agents at the border see this trag- the border last week, as I curled up far from their definition of perfect. I edy daily. Seeing this for myself first- with my little guy, know that I did. I came here to address our Nation’s chal- hand, I quickly realized, there is no felt it to my soul. You see, my 8-year- lenges and take those tough votes glad- perfect fix. But it is imperative that we old son is also an immigrant. My wife ly because I want to make a difference. recognize and honor our Border Patrol and I adopted him from Russia just be- I chatted with a more senior member agents’ hard work, and do our part in fore Vladimir Putin slammed the door at the airport Friday who commented Congress to pass compassionate, com- shut for other children who could des- that only 100 or 150 Members of this prehensive immigration reform that perately use a loving home in America. body are prepared to truly work on still secures our borders and helps al- We had to come home after adoption solving this problem, to compromise, leviate the situation of crisis which was granted and wait out an appeal pe- and take a tough vote on immigration. now exists. riod. We had to leave our son behind Some believe their idea is the only f and then go back and get him weeks approach. Some have election fears. later. So I understand the problem well Some want to message on this issue at AMERICA IS A NATION OF LAWS and what is at stake. elections. The SPEAKER pro tempore (Mr. America has struggled with this issue Less than 12,000 individuals have ever MITCHELL). The Chair recognizes the since our creation. We are a Nation of served in the House of Representatives. gentleman from Texas (Mr. ARRINGTON) immigrants. My ancestors arrived in To all with the honor and responsi- for 5 minutes. America during the Irish potato fam- bility of being in this Chamber, I say, Mr. ARRINGTON. Mr. Speaker, some ine. We can’t ignore immigration, both now is the time to step up, work on of the political rhetoric and political illegal and legal, any longer. The issue this issue, compromise, tackle the di- opportunism is at an all-time high of surrounds us every day, especially if lemma, and then take a vote to move it ridiculous on this issue of immigration. you live in border communities, areas forward to a better place. Let’s take a step back and let’s think of large immigrant populations—legal Because, again: ‘‘Unless someone like through this, and let us reason to- and illegal—or resort communities or you cares a whole awful lot, nothing is gether as Americans. agriculture communities who depend going to get better. It’s not.’’ No American who I have talked to in upon guest workers to even function. my district in west Texas or beyond, In 1986, Congress passed the Simpson- f has any problem with folks immi- Mazzoli Act, which was signed into law COMPASSIONATE, COMPREHEN- grating to this great Nation. We are a by President Reagan, the last major SIVE IMMIGRATION REFORM immigration legislation. This granted Nation of immigrants. But we are a Na- The SPEAKER pro tempore. The tion of laws. legal status to about 4 million illegal Chair recognizes the gentleman from immigrants with a commitment to And just like if I took folks out of Kansas (Mr. MARSHALL) for 5 minutes. fund what was necessary to secure our the unemployment line and took them Mr. MARSHALL. Mr. Speaker, this to your office and sat them in your of- borders. week we plan on voting on a very However, clearly, we did not secure fice and said, you have got to hire strong bill known as the Border Secu- our borders, and that failure is why we them, or you are heartless. You don’t rity and Immigration Reform Act. struggle right now with this problem. care about them. To better assess our immigration Our Nation’s border agents stop about You would look at me like I had system and the security of our border, 2,000 people deemed to be high risk, at- three heads, and you would say, they I went to the United States-Mexico tempting to enter the United States have got to go through an application border near El Paso, Texas, this week- from Africa and the Middle East at our process. We have got to vet them. We southern border every year. end. I rise today to share some of the need to know that they have the merit Does anybody care to estimate the stories I heard from our Customs and to fill the job, that they are competent, number of people we do not apprehend Border Patrol officers and the compas- that they have the moral character, and the risks they pose to our security? sion they had for these families and that they are qualified. children they interact with. A group of young people, often called b 1215 the DACA population, are estimated at These agents and officers had the 1.6 to 1.8 million people and they are highest on-the-job injury rate among There is not a single Democrat, if I here, young people brought here by all law enforcement groups across the brought them people from that unem- their parents—yes, illegally, I grant country. Additionally, these officers ployment line, who would just hire that—but the question remains: What see some of the worst conditions and them on account of my threats of their do we do? Leave them in limbo? Leave are exposed to wide-ranging health being heartless and any other fear tac- them in fear on the edge of society? risks like scabies, lice, tuberculosis, tic. Why would we be any different America has an immigration system chicken pox, and many others. with the standards of citizenship in that is old-fashioned at best. Rather Day to day, these officers are on the this great Nation? Why? than doing what is necessary, like front lines protecting our Nation’s bor- Most of these kids coming over here other nations have, a merit-based im- ders. They are often stopping drug traf- are unaccompanied, about 83 percent, migration system, we have visa lot- ficking, human trafficking, and much and then some with their parents. tery, family chain migration, and a ref- more. They see the worst of the worst, There has been this recent uproar ugee and asylum system that does not and put their lives on the line to secure about kids coming and being separated work—all backed up by illegal immi- our Nation every day. In exchange for from their parents. I don’t like that. I gration that we can’t address solely this, they are often portrayed on the wish it weren’t the case. I am prepared through deportations and hearings. national media as cruel and are com- to fix it. That is what we should do in We must secure our borders now. Not pared to unthinkable, unimaginable Congress, fix the laws when we find some day. Not maybe. groups from our world’s history. something that is not working. We must end the political circus of This is not the experience I had with This President is just enforcing the the DACA program and fix the limbo them this weekend. These officers have laws. We haven’t had a President en- status for the DACA population now. huge hearts, and they are often given a force the laws. We haven’t had the re- We must move to merit-based immi- tough task at the border. They told me spect for the Constitution and the rule gration, end the visa lottery, and end story after story of how they bring per- of law in so long that we are outraged family chain migration. sonal items like teddy bears and toys that a President would actually just

VerDate Sep 11 2014 01:21 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.003 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5585 hold people accountable for breaking declares the House in recess until 2 the Rules of the U.S. House of Representa- the law and violating our sovereignty. p.m. today. tives, the Clerk received the following mes- Then there is that little hang-up Accordingly (at 12 o’clock and 18 sage from the Secretary of the Senate on with the 1997 Flores case, which is the minutes p.m.), the House stood in re- June 22, 2018, at 1:50 p.m.: That the Senate agree to the amendments law of the land that says you can’t hold cess. of the House of Representatives S.1091. a minor for more than 20 days. That is f With best wishes, I am the law. If you want it changed, then b 1400 Sincerely, write your Congressman, call your KAREN L. HAAS. Congressman, and get him to fix it. In- AFTER RECESS f stead of holding press conferences on The recess having expired, the House RECESS the border, why don’t you get back to was called to order by the Speaker pro work, roll up your sleeves, and work tempore (Mr. RUTHERFORD) at 2 p.m. The SPEAKER pro tempore. Pursu- across the aisle to solve the problem. ant to clause 12(a) of rule I, the Chair f Remember, most of these kids are declares the House in recess subject to coming from a place where they pre- PRAYER the call of the Chair. sumably fear for their lives. Their lives The Chaplain, the Reverend Patrick Accordingly (at 2 o’clock and 2 min- are at risk every day, and now they are J. Conroy, offered the following prayer: utes p.m.), the House stood in recess. in a country where they get three hot Merciful God, we give You thanks for f meals, and they get shelter. They don’t giving us another day. have to worry about whether somebody Without a future, as a people we are b 1516 is going to kill them. I would say that depressed and limited in creative imag- AFTER RECESS is a great start, for a benevolent coun- ing. Without a past, we are inexperi- The recess having expired, the House try to do that. enced and lost between success and was called to order by the Speaker pro Meanwhile, we have to process folks failure. tempore (Mr. JOHNSON of Louisiana) at who don’t come to a port of entry—as Be as present to this Nation today as 3 o’clock and 16 minutes p.m. is the law of the land—to present your- You were to our Founders. As the Cre- self as an asylum seeker. We have the ator and providential Lord, guide the f law for that. We have an answer: Members of this people’s House, and all ANNOUNCEMENT BY THE SPEAKER Present yourself at a port of entry. their efforts, to uphold the Constitu- PRO TEMPORE But if you cross the border any other tion and have it interface with present The SPEAKER pro tempore. Pursu- place, then you are going to be caught realities until true priorities arise as ant to clause 8 of rule XX, the Chair now, under this President, arrested, the Nation’s agenda. will postpone further proceedings and processed for your hearing. And if Stir within all Americans a soli- today on motions to suspend the rules found unlawfully to be here, you will darity that will always unite and never on which a recorded vote or the yeas be deported. That is the way it works. divide us. Renew in us a spirit that will and nays are ordered, or votes objected That is the way it ought to work. enable this country to be a righteous to under clause 6 of rule XX. Now, international law says that if leader into a bold future, shaping a new The House will resume proceedings you are fleeing for your life, you should culture of collaboration and under- on postponed questions at a later time. stop in the first safe country you come standing for the 21st century. to. That would be Mexico. That is May all that is done be for Your f where they should all be, if they are greater honor and glory. COOPERATE WITH LAW ENFORCE- truly asylum seekers. If you are truly Amen. MENT AGENCIES AND WATCH afraid for your life, you ought to be f ACT OF 2018 grateful that you are safe, that you Mr. HILL. Mr. Speaker, I move to don’t have to worry, that you trust THE JOURNAL suspend the rules and pass the bill that the process will work, and that The SPEAKER pro tempore. The (H.R. 5783) to provide a safe harbor for you will be vetted and found legiti- Chair has examined the Journal of the financial institutions that maintain a mate. last day’s proceedings and announces customer account at the request of a I don’t want to separate the parents to the House his approval thereof. Federal or State law enforcement from their kids. This President doesn’t Pursuant to clause 1, rule I, the Jour- agency, as amended. want to either. nal stands approved. The Clerk read the title of the bill. Mr. Speaker, Congress needs to get f off our duff, do our job, and fix the The text of the bill is as follows: PLEDGE OF ALLEGIANCE problem. Everybody who is running H.R. 5783 around, taking this opportunity to fly The SPEAKER pro tempore. The Be it enacted by the Senate and House of Rep- whatever flag he or she wants to fly on Chair will lead the House in the Pledge resentatives of the United States of America in this, let’s solve the problem. of Allegiance. Congress assembled, In Texas, illegal immigration costs The SPEAKER pro tempore led the SECTION 1. SHORT TITLE. us $6,000 per illegal immigrant, $12 bil- Pledge of Allegiance as follows: This Act may be cited as the ‘‘Cooperate with Law Enforcement Agencies and Watch I pledge allegiance to the Flag of the lion, over 10 percent of our budget, and Act of 2018’’. $100 billion nationwide. It is a huge United States of America, and to the Repub- lic for which it stands, one nation under God, SEC. 2. SAFE HARBOR WITH RESPECT TO KEEP cost: education, healthcare, the list OPEN LETTERS. indivisible, with liberty and justice for all. goes on. We are already insolvent, $21 (a) IN GENERAL.—Subchapter II of chapter trillion in debt. We can’t afford to f 53 of title 31, United States Code, is amended make good on the promises for our kids COMMUNICATION FROM THE by adding at the end the following: and grandkids. CLERK OF THE HOUSE ‘‘§ 5333. Safe harbor with respect to keep What is wrong with this picture? open letters The SPEAKER pro tempore laid be- Mr. Speaker, we have to work to- fore the House the following commu- ‘‘(a) IN GENERAL.—With respect to a cus- gether to solve this problem, secure the tomer account of a financial institution, if a nication from the Clerk of the House of border, stop illegal immigration, move Federal, State, Tribal, or local law enforce- Representatives: to a merit-based immigration system, ment agency requests, in writing, the finan- and move this country forward as lead- OFFICE OF THE CLERK, cial institution to keep such account open— OUSE OF EPRESENTATIVES ‘‘(1) the financial institution shall not be ers. H R , Washington, DC, June 22, 2018. liable under this subchapter for maintaining f Hon. PAUL D. RYAN, such account consistent with the parameters RECESS The Speaker, House of Representatives, of the request; and Washington, DC. ‘‘(2) no Federal or State department or The SPEAKER pro tempore. Pursu- DEAR MR. SPEAKER: Pursuant to the per- agency may take any adverse supervisory ac- ant to clause 12(a) of rule I, the Chair mission granted in Clause 2(h) of Rule II of tion under this subchapter with respect to

VerDate Sep 11 2014 01:21 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.005 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5586 CONGRESSIONAL RECORD — HOUSE June 25, 2018 the financial institution for maintaining as keep open letters. That requests a Mr. Speaker, I yield back the balance such account consistent with the parameters bank to keep open an account so that of my time. of the request. the law enforcement agency can track The SPEAKER pro tempore. The ‘‘(b) RULE OF CONSTRUCTION.—Nothing in payments and better monitor crimi- question is on the motion offered by this section may be construed— ‘‘(1) from preventing a Federal or State de- nals. the gentleman from Arkansas (Mr. partment or agency from verifying the valid- Such requests might come from the HILL) that the House suspend the rules ity of a written request described under sub- FBI, the Drug Enforcement Adminis- and pass the bill, H.R. 5783, as amend- section (a) with the Federal, State, Tribal, or tration, the Department of Homeland ed. local law enforcement agency making the Security, the U.S. Treasury’s Financial The question was taken. written request; or Crimes Enforcement Network, known The SPEAKER pro tempore. In the ‘‘(2) to relieve a financial institution from as FinCEN, local police, or any other opinion of the Chair, two-thirds being complying with any reporting requirements, law enforcement agency. in the affirmative, the ayes have it. including the reporting of suspicious trans- If banks help law enforcement com- Mr. HILL. Mr. Speaker, on that I de- actions under section 5318(g). ply with keep open letter requests, ‘‘(c) LETTER TERMINATION DATE.—For pur- mand the yeas and nays. poses of this section, any written request de- they in turn, unfortunately, risk being The yeas and nays were ordered. scribed under subsection (a) shall include a penalized by regulators for allowing an The SPEAKER pro tempore. Pursu- termination date after which such request account to be open and continue to be ant to clause 8 of rule XX, further pro- shall no longer apply.’’. open by someone who is suspected of a ceedings on this motion will be post- (b) CLERICAL AMENDMENT.—The table of crime. poned. contents for chapter 53 of title 31, United This commonsense bill supports f States Code, is amended by inserting after those efforts by law enforcement by al- the item relating to section 5332 the following the financial institutions to THE CREDIT ACCESS AND lowing: comply with the keep open requests INCLUSION ACT OF 2017 ‘‘5333. Safe harbor with respect to keep open and maintain a suspicious account Mr. HILL. Mr. Speaker, I move to letters.’’. without being penalized by regulators. suspend the rules and pass the bill The SPEAKER pro tempore. Pursu- Financial institutions will no longer (H.R. 435) to amend the Fair Credit Re- ant to the rule, the gentleman from Ar- be liable for maintaining an account porting Act to clarify Federal law with kansas (Mr. HILL) and the gentleman for law enforcement investigative pur- respect to reporting certain positive from Minnesota (Mr. ELLISON) each poses. consumer credit information to con- will control 20 minutes. Under this bill, no Federal depart- sumer reporting agencies, and for other The Chair recognizes the gentleman ment or agency may take an adverse purposes, as amended. from Arkansas. supervisory action with respect to that The Clerk read the title of the bill. GENERAL LEAVE financial institution for keeping open The text of the bill is as follows: Mr. HILL. Mr. Speaker, I ask unani- such an account. H.R. 435 mous consent that all Members may This is a commonsense bill and I urge all my colleagues to support it. It will Be it enacted by the Senate and House of Rep- have 5 legislative days in which to re- resentatives of the United States of America in vise and extend their remarks and in- give law enforcement the tools they Congress assembled, need to prosecute bad actors and, I clude extraneous material on this bill. SECTION 1. SHORT TITLE. The SPEAKER pro tempore. Is there think, be better and more fair in its This Act may be cited as the ‘‘The Credit objection to the request of the gen- treatment for our financial institu- Access and Inclusion Act of 2017’’. tleman from Arkansas? tions. SEC. 2. POSITIVE CREDIT REPORTING PER- Mr. Speaker, I reserve the balance of MITTED. There was no objection. my time. (a) IN GENERAL.—Section 623 of the Fair Mr. HILL. Mr. Speaker, I yield my- Mr. ELLISON. Mr. Speaker, I yield Credit Reporting Act (15 U.S.C. 1681s–2) is self such time as I may consume. myself such time as I may consume. amended by adding at the end the following Mr. Speaker, as a former community Mr. Speaker, this bill would new subsection: banker, I have dealt with the conflict strengthen cooperation between finan- ‘‘(f) FULL-FILE CREDIT REPORTING.— of wanting to help law enforcement cial institutions and law enforcement ‘‘(1) IN GENERAL.—Subject to the limitation agencies when receiving what is called in paragraph (2) and notwithstanding any to better combat terrorism and finan- other provision of law, a person or the Sec- a keep open letter, while not being able cial crime by providing a narrow safe to because of the need also to comply retary of Housing and Urban Development harbor from BSA/AML—that is Bank may furnish to a consumer reporting agency with the requirements of my regu- Secrecy Act and Anti-Money Laun- information relating to the performance of a latory responsibilities, the rules on set- dering, that is the acronym—scrutiny consumer in making payments— ting out how banks have to open and of financial institutions that keep a ‘‘(A) under a lease agreement with respect close a suspected account by a regu- customer account open at the written to a dwelling, including such a lease in which lator. request of Federal and State law en- the Department of Housing and Urban Devel- Today, the overall purpose of this bill opment provides subsidized payments for oc- forcement. cupancy in a dwelling; or is to support law enforcement and re- This cooperation will enable law en- duce money laundering and terrorist fi- ‘‘(B) pursuant to a contract for a utility or forcement agencies to follow the telecommunications service. nancing through our banking system. money in the bank accounts of terror- ‘‘(2) LIMITATION.—Information about a con- That is why, along with my good friend ists, human traffickers, corrupt offi- sumer’s usage of any utility services pro- from Illinois, Dr. FOSTER, I was pleased cials, and those involved in organized vided by a utility or telecommunication firm to introduce this commonsense bill. It crime. may be furnished to a consumer reporting enables partnerships without repercus- We support this. This is a common- agency only to the extent that such informa- sions between law enforcement agen- sense, bipartisan bill, and I urge sup- tion relates to payment by the consumer for the services of such utility or telecommuni- cies and local community financial in- port. stitutions by allowing law enforcement cation service or other terms of the provi- Mr. Speaker, I yield back the balance sion of the services to the consumer, includ- to monitor the cash flows associated of my time. ing any deposit, discount, or conditions for with criminal investigations at a finan- Mr. HILL. Mr. Speaker, I would like interruption or termination of the services. cial institution. to just urge my colleagues to recognize ‘‘(3) PAYMENT PLAN.—An energy utility Under the Bank Secrecy Act and the this as a strong group of bipartisan firm may not report payment information to anti-money laundering regulations, work by Dr. FOSTER and it received a consumer reporting agency with respect to banks face strict rules for managing solid support in the committee, that it an outstanding balance of a consumer as late accounts so that they cannot facilitate balances the law enforcement obliga- if— money laundering, terrorism financing, tions to investigate criminals, but also ‘‘(A) the energy utility firm and the consumer have entered into a payment plan (in- drug running, or other illegal activi- treats, in the regulatory system, our cluding a deferred payment agreement, an ties. community financial institutions in a arrearage management program, or a debt Sometimes banks receive notices more fair manner. I hope all my col- forgiveness program) with respect to such from law enforcement agencies known leagues will support it. outstanding balance; and

VerDate Sep 11 2014 02:40 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.003 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5587 ‘‘(B) the consumer is meeting the obliga- Mr. Speaker, I want to thank my In fact, we have heard the old adage tions of the payment plan, as determined by friend from Arkansas and the bipar- that the poor pay more. It is expensive the energy utility firm. tisan group that came together to to be poor. Those things are true. This ‘‘(4) DEFINITIONS.—In this subsection, the make this passage of The Credit Access bill can make that a little less true and following definitions shall apply: ‘‘(A) ENERGY UTILITY FIRM.—The term ‘en- and Inclusion Act possible. bring a little bit more happiness and ergy utility firm’ means an entity that pro- Mr. Speaker, let me just ask you, and economic prosperity to people. vides gas or electric utility services to the anyone, a question. If you could help This bill allows credit rating agen- public. millions of people get access to an cies to use on-time rent, phone, and ‘‘(B) UTILITY OR TELECOMMUNICATION apartment, get a lower-cost loan, a utility payments when determining FIRM.—The term ‘utility or telecommuni- lower phone or utility deposit all with- credit scores. As a result, more than a cation firm’ means an entity that provides out creating a new government pro- third of previously unscoreable Ameri- utility services to the public through pipe, gram, without spending any govern- cans will now have access to prime wire, landline, wireless, cable, or other connected facilities, or radio, electronic, or ment money, without a government credit and the opportunities that come similar transmission (including the exten- mandate, and virtually no new tax dol- with it. sion of such facilities).’’. lars, would you take that deal? This bill isn’t just about access to (b) LIMITATION ON LIABILITY.—Section I think that is a good deal. This is credit, though. It is about a little bit 623(c) of the Consumer Credit Protection Act what we are proposing here. I know I more than that. It is also about saving (15 U.S.C. 1681s–2(c)) is amended— would take that deal. hardworking Americans real money, (1) in paragraph (2), by striking ‘‘or’’ at the Mr. Speaker, I am urging all Mem- thousands of dollars, Mr. Speaker, on end; bers to vote in favor of the passage of (2) by redesignating paragraph (3) as para- their car loans and on their mortgages, graph (4); and The Credit Access and Inclusion Act, because if you are unscoreable or if (3) by inserting after paragraph (2) the fol- because that is what it would do sim- your score is unnecessarily high be- lowing new paragraph: ply by saying we are going to use all cause that non-loan data is not count- ‘‘(3) subsection (f) of this section, including the data that consumers rely on now ed, you may get the loan, but you will any regulations issued thereunder; or’’. that is not necessarily credit related pay more for it. (c) GAO STUDY AND REPORT.—Not later than but does show that they pay their bills That is money that could be used to 2 years after the date of the enactment of this to be included in the construction of Act, the Comptroller General of the United help build a family’s wealth, create States shall submit to Congress a report on the that credit score. some savings, Mr. Speaker, so that impact of furnishing information pursuant to That is why I am proud to be here when you get into an emergency, you subsection (f) of section 623 of the Fair Credit today, because the passage of this bi- can use your own money as opposed to Reporting Act (15 U.S.C. 1681s–2) (as added by partisan Credit Access and Inclusion going to a payday lender. this Act) on consumers. Act is going to help Americans be more This is a good bill. That is why it has The SPEAKER pro tempore. Pursu- successful in this economy. It will re- bipartisan support and that is why I ant to the rule, the gentleman from Ar- ward people who pay their utility and am glad that Congressman FRENCH kansas (Mr. HILL) and the gentleman their phone bills on time, because it is HILL and I were able to work together from Minnesota (Mr. ELLISON) each important to note that when those on it. will control 20 minutes. bills are not paid on time, they are al- Mr. Speaker, I ask for a favorable The Chair recognizes the gentleman ready reported. vote, and I yield back the balance of from Arkansas. People get credit, under this bill, for my time. GENERAL LEAVE the bills that they pay on time, and Mr. HILL. Mr. Speaker, I again want Mr. HILL. Mr. Speaker, I ask unani- still are able and in a position to be to thank my friend from Minnesota. mous consent that all Members may able to get perhaps lower interest We have worked together on this bill have 5 legislative days in which to re- rates, get lower deposits they have to during the year. I am pleased to see it vise and extend their remarks and input down, and be able to lead more back on the floor today. clude extraneous material on this bill. prosperous economic lives. Mr. Speaker, I urge bipartisan sup- The SPEAKER pro tempore. Is there This bill is about bringing some basic port for helping all American con- objection to the request of the gen- fairness to the credit scoring system. I sumers have a new and better way to tleman from Arkansas? mean, credit is currently a currency in help build their credit and get access to There was no objection. our society. It unlocks access to goods Mr. HILL. Mr. Speaker, I yield my- credit to preserve the American and services hardworking Americans Dream. self such time as I may consume. need to build some economic security Mr. Speaker, H.R. 435, introduced by Mr. Speaker, we have no other speak- for themselves and their families. my good friend from Minnesota, KEITH ers on this side, and I yield back the But there are currently, Mr. Speaker, ELLISON, The Credit Access and Inclu- balance of my time. 26 million, or at least one in ten Ameri- sion Act of 2017, would amend the Fair The SPEAKER pro tempore. The cans, who do not have a credit record. Credit Reporting Act to authorize the question is on the motion offered by Department of Housing to furnish con- They are what they call invisibles. An- the gentleman from Arkansas (Mr. sumer credit reports to include an indi- other 19 million Americans do not have HILL) that the House suspend the rules vidual’s payment history from rental enough information to score. Low-in- and pass the bill, H.R. 435, as amended. payments for a dwelling, including come individuals and racial and ethnic The question was taken; and (two- HUD-subsidized properties, and pay- minorities are often in the worst shape. thirds being in the affirmative) the ment history for utility and tele- If we want to do something about rules were suspended and the bill, as communications contracts. closing the wealth gap between dif- amended, was passed. I want to thank my friend for this ferent peoples of different backgrounds A motion to reconsider was laid on great piece of work on his part on mak- and really bringing economic oppor- the table. tunity to all, this is the right bill to ing credit more accessible, making it f easier to get the data that consumers take a step. need to build a credit record. It is not About one in four Latinos and Afri- b 1530 can Americans either don’t have a all just credit card payments, Mr. PREVENTION OF PRIVATE INFOR- Speaker, or payments to banks. credit record or don’t have enough of a record to score, and almost half of the MATION DISSEMINATION ACT OF This kind of work that my friend 2017 from Minnesota has tackled improves residents of low-income communities consumers’ ability to build that very, do not have a score. Mr. HILL. Mr. Speaker, I move to very important thing in our society, That doesn’t mean they don’t have suspend the rules and pass the bill which is access to credit. needs, Mr. Speaker. That doesn’t mean (H.R. 4294) to amend the Financial Sta- Mr. Speaker, I reserve the balance of they don’t get phones and they don’t bility Act of 2010 to provide a criminal my time. pay bills and they don’t get apart- penalty for unauthorized disclosures of Mr. ELLISON. Mr. Speaker, I yield ments. It just means they tend to pay certain individually identifiable infor- myself such time as I may consume. more for them. mation by officers or employees of a

VerDate Sep 11 2014 02:40 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.004 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5588 CONGRESSIONAL RECORD — HOUSE June 25, 2018 Federal department or agency, as exchange of letters on this matter be in- the matter’’ indicated that the agen- amended. cluded in the Congressional Record during cies planned to reject the revised living The Clerk read the title of the bill. floor consideration of the bill. wills of at least half of the U.S. banks The text of the bill is as follows: Sincerely, that resubmitted proposals before for- BOB GOODLATTE, H.R. 4294 Chairman. mal decisions were sent to the institu- Be it enacted by the Senate and House of Rep- tions. resentatives of the United States of America in HOUSE OF REPRESENTATIVES, In this instance, the leak was ex- Congress assembled, COMMITTEE ON FINANCIAL SERVICES, tremely harmful, as financial institu- SECTION 1. SHORT TITLE. Washington, DC, June 25, 2018. tions were preparing their quarterly in- This Act may be cited as the ‘‘Prevention Hon. BOB GOODLATTE, vestor reports. As a result, regulators of Private Information Dissemination Act of Chairman, Committee on the Judiciary, were forced to formally release their 2017’’. Washington, DC. EAR HAIRMAN OODLATTE findings the next day. In addition, this SEC. 2. CRIMINAL PENALTY FOR UNAUTHORIZED D C G : Thank you for your June 22, 2018 letter regarding H.R. 4294, private information has market-mov- DISCLOSURES. ing implications and can result in in- Section 165 of the Financial Stability Act the ‘‘Prevention of Private Information Dis- of 2010 (12 U.S.C. 5365) is amended by adding semination Act of 2017’’. sider trading and illegal sharing of in- at the end the following: I am most appreciative of your decision to formation. forego action on H.R. 4294 so that it may ‘‘(l) CRIMINAL PENALTY FOR UNAUTHORIZED Mr. Speaker, prior to Dodd-Frank, move expeditiously to the House floor. I ac- DISCLOSURES.—Section 552a(i)(1) of title 5, the FDIC did not have market-moving United States Code, shall apply to a deter- knowledge that although you are waiving ac- information on high-profile industries. tion on the bill, the Committee on the Judi- mination made under subsection (d) or (i) Stress test requirements therefore based on individually identifiable informa- ciary is in no way waiving its jurisdictional interest in this or similar legislation. In ad- meant that the FDIC had to create new tion submitted pursuant to the requirements policies and new procedures to help of this section to the same extent as such dition, if a conference is necessary on this section 552a(i)(1) applies to agency records legislation, I will support any request that protect the information. According to which contain individually identifiable infor- your committee be represented therein. the FDIC’s Principal Deputy Inspector Finally, I shall be pleased to include your mation the disclosure of which is prohibited General in 2016, the agency is ‘‘not letter in the Congressional Record during by such section 552a or by rules or regula- there yet,’’ and it may not be prepared floor consideration of H.R. 4294. tions established thereunder.’’. Sincerely, to safeguard the information. The SPEAKER pro tempore. Pursu- JEB HENSARLING, Sadly, between 2015 and 2016, the ant to the rule, the gentleman from Ar- Chairman. FDIC experienced many data breaches kansas (Mr. HILL) and the gentleman Mr. HILL. Mr. Speaker, I yield such that involved employees leaving the from Minnesota (Mr. ELLISON) each time as he may consume to the gen- company. One such incident occurred will control 20 minutes. tleman from Tennessee (Mr. KUSTOFF), in 2015, in which a departing employee The Chair recognizes the gentleman the author of this bill. downloaded sensitive stress test data from Arkansas. Mr. KUSTOFF of Tennessee. Mr. onto a thumb drive. GENERAL LEAVE Speaker, I rise today in support of my These leaks are deeply troubling and, Mr. HILL. Mr. Speaker, I ask unani- bill, H.R. 4294, the Prevention of Pri- overall, they are unacceptable. This in- mous consent that all Members may vate Information Dissemination Act of formation could be obtained by individ- have 5 legislative days in which to re- 2017. uals to either invest or to divest in par- vise and extend their remarks and in- Mr. Speaker, this legislation will es- ticular stocks, which, obviously, can be clude extraneous material on this bill. tablish criminal penalties for the unau- quite damaging to bank investors and The SPEAKER pro tempore. Is there thorized disclosure of living will and to the capital markets. objection to the request of the gen- stress test determinations and other The unauthorized disclosure of infor- tleman from Arkansas? individually identifiable information mation that can significantly alter the There was no objection. by Federal officials. stock market is an extremely punish- Mr. HILL. Mr. Speaker, I include in With recent data breaches and leaks able offense. By increasing penalties on the RECORD an exchange of letters be- of sensitive information, it is essential employees of these agencies, it proves, tween the committees of jurisdiction. that we ensure that this information is frankly, that they are not above the safely guarded and that people are pun- law. HOUSE OF REPRESENTATIVES, That is why I introduced this bill, to COMMITTEE ON THE JUDICIARY, ished for their illicit actions. Washington, DC, June 22, 2018. Since the enactment of Dodd-Frank ensure that sensitive market informa- Hon. JEB HENSARLING, in 2010, bank holding and certain tion is properly protected and that peo- Chairman, Committee on Financial Services, nonbank companies, designated as sys- ple who improperly disclose nonpublic, Washington, DC. temically important financial institu- confidential information are, in fact, DEAR CHAIRMAN HENSARLING: I write with tions, otherwise known as SIFIs, are punished. Mr. Speaker, ultimately, this respect to H.R. 4294, the ‘‘Prevention of Pri- required to submit annual reports to is commonsense legislation that will vate Information Dissemination Act.’’ As a the Federal Reserve and the Federal help mitigate future leaks of sensitive result of your having consulted with us on provisions within H.R. 4294 that fall within Deposit Insurance Company, the FDIC. information. the Rule X jurisdiction of the Committee on The purpose of these reports is to I do want to thank Chairman HEN- the Judiciary, I forego any further consider- outline the company’s strategy for a SARLING and the entire Financial Serv- ation of this bill so that it may proceed expe- potential bankruptcy in times of mar- ices Committee for their continued ditiously to the House floor for consider- ket stress. Through the living will and hard work. ation. the stress test process, banks submit I urge my colleagues to support this The Judiciary Committee takes this action detailed financial reports about their extremely important piece of legisla- with our mutual understanding that by fore- businesses, such as assets, trade se- tion. going consideration of H.R. 4294 at this time, crets, and other classified information Mr. ELLISON. Mr. Speaker, I yield we do not waive any jurisdiction over subject matter contained in this or similar legisla- to the Federal Reserve and to the myself such time as I may consume. tion and that our committee will be appro- FDIC. Mr. Speaker, the bill makes clear priately consulted and involved as this bill Unfortunately, Mr. Speaker, the in- that the penalties apply to officers and or similar legislation moves forward so that formation has the potential to be employees of Federal departments or we may address any remaining issues in our leaked by employees and, unfortu- agencies who willfully disclose agency jurisdiction. Our committee also reserves nately, in April of 2016, this did occur. records that contain personal identifi- the right to seek appointment of an appro- In fact, on April 12, 2016, it was discov- able information pursuant to section priate number of conferees to any House- ered that nonpublic confidential super- 165 of the Dodd-Frank Act. These acts Senate conference involving this or similar are already illegal, and this bill is a legislation and asks that you support any visory information related to the living such request. will results was leaked to the press di- clarification to make sure that these I would appreciate a response to this letter rectly. penalties apply. confirming this understanding with respect The Wall Street Journal article from This is a commonsense bipartisan to H.R. 4294 and would ask that a copy of our that day cited ‘‘people familiar with bill, and I urge support.

VerDate Sep 11 2014 02:40 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.013 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5589 Mr. Speaker, I yield back the balance 64,000 deaths related to drug overdose, and the or regulatory action that would improve the ef- of my time. most severe increase in drug overdoses were forts of Federal agencies to impede the use of Mr. HILL. Mr. Speaker, I yield back those associated with fentanyl and fentanyl virtual currencies and online marketplaces in the balance of my time. analogs (synthetic opioids), which amounted to facilitating sex and drug trafficking. over 20,000 overdose deaths. The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- (7) According to the U.S. Department of the ant to the rule, the gentleman from Ar- question is on the motion offered by Treasury 2015 National Money Laundering Risk kansas (Mr. HILL) and the gentleman the gentleman from Arkansas (Mr. Assessment, an estimated $64 billion is generated HILL) that the House suspend the rules annually from U.S. drug trafficking sales. from Minnesota (Mr. ELLISON) each and pass the bill, H.R. 4294, as amend- (8) Illegal fentanyl in the United States origi- will control 20 minutes. The Chair recognizes the gentleman ed. nates primarily from China, and it is readily from Arkansas. The question was taken. available to purchase through online market- The SPEAKER pro tempore. In the places. GENERAL LEAVE opinion of the Chair, two-thirds being SEC. 3. GAO STUDY. Mr. HILL. Mr. Speaker, I ask unanimous consent that all Members may in the affirmative, the ayes have it. (a) STUDY REQUIRED.—The Comptroller Gen- eral of the United States shall conduct a study have 5 legislative days in which to re- Mr. HILL. Mr. Speaker, on that I de- on how virtual currencies and online market- vise and extend their remarks and in- mand the yeas and nays. places are used to facilitate sex and drug traf- clude extraneous material on the bill. The yeas and nays were ordered. ficking. The study shall consider— The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- (1) how online marketplaces, including the objection to the request of the gen- ant to clause 8 of rule XX, further pro- darkweb, are being used as platforms to buy, tleman from Arkansas? ceedings on this motion will be post- sell, or facilitate the financing of goods or serv- There was no objection. poned. ices associated with sex trafficking or drug traf- Mr. HILL. Mr. Speaker, I yield my- ficking (specifically, opioids and synthetic f opioids, including fentanyl, fentanyl analogs, self such time as I may consume. FIGHT ILLICIT NETWORKS AND and any precursor chemicals associated with Mr. Speaker, I want to thank my good friend from California, JUAN DETECT TRAFFICKING ACT manufacturing fentanyl or fentanyl analogs) destined for, originating from, or within the VARGAS, and my colleague from Penn- Mr. HILL. Mr. Speaker, I move to United States; sylvania, KEITH ROTHFUS, for their suspend the rules and pass the bill (2) how financial payment methods, including work together to cosponsor H.R. 6069, (H.R. 6069) to require the Comptroller virtual currencies and peer-to-peer mobile pay- the Fight Illicit Networks and Detect General of the United States to carry ment services, are being utilized by online mar- Trafficking Act. out a study on how virtual currencies ketplaces to facilitate the buying, selling, or fi- This is extremely important, and it and online marketplaces are used to nancing of goods and services associated with is in keeping with the work that we buy, sell, or facilitate the financing of sex or drug trafficking destined for, originating have been doing in our subcommittee from, or within the United States; goods or services associated with sex (3) how virtual currencies are being used to on terror finance, illicit financing, and trafficking or drug trafficking, and for facilitate the buying, selling, or financing of also the work we have done on this other purposes, as amended. goods and services associated with sex or drug House floor about stopping human traf- The Clerk read the title of the bill. trafficking, destined for, originating from, or ficking that we see in this country and, The text of the bill is as follows: within the United States, when an online plat- also, the intensive work in the last 2 H.R. 6069 form is not otherwise involved; weeks on opioid legislation in trying to (4) how illicit funds that have been trans- stop these kinds of drugs coming into Be it enacted by the Senate and House of Rep- mitted online and through virtual currencies are resentatives of the United States of America in our country. repatriated into the formal banking system of This legislation would require the Congress assembled, the United States through money laundering or SECTION 1. SHORT TITLE. Government Accounting Office, the other means; GAO, to study and report to Congress This Act may be cited as the ‘‘Fight Illicit Net- (5) the participants (state and non-state ac- works and Detect Trafficking Act’’ or the tors) throughout the entire supply chain that on how online marketplaces, including ‘‘FIND Trafficking Act’’. participate in or benefit from the buying, sell- those on the dark web, are used as plat- SEC. 2. FINDINGS. ing, or financing of goods and services associ- forms to facilitate the financing of The Congress finds the following: ated with sex or drug trafficking (either through goods associated with drug trafficking (1) According to the Drug Enforcement Ad- online marketplaces or virtual currencies) des- or sex trafficking. ministration (DEA) 2017 National Drug Threat tined for, originating from, or within the United They would study payment methods, Assessment, transnational criminal organiza- States; including virtual currencies and peer- tions are increasingly using virtual currencies. (6) Federal and State agency efforts to impede to-peer payment services, that are also (2) The Treasury Department has recognized the buying, selling, or financing of goods and being used in drug and sex trafficking that: ‘‘The development of virtual currencies is services associated with sex or drug trafficking online; illicit funds that have been an attempt to meet a legitimate market demand. destined for, originating from, or within the transmitted online and how virtual According to a Federal Reserve Bank of Chicago United States, including efforts to prevent the economist, U.S. consumers want payment op- proceeds from sex or drug trafficking from enter- currencies are reintegrated into the tions that are versatile and that provide imme- ing the United States banking system; U.S. financial system; and finally, Mr. diate finality. No U.S. payment method meets (7) how virtual currencies and their under- Speaker, the study would have the par- that description, although cash may come clos- lying technologies can be used to detect and ticipants of sex trafficking or drug est. Virtual currencies can mimic cash’s imme- deter these illicit activities; and trafficking trade online that benefit diate finality and anonymity and are more (8) to what extent can the immutable and from the trade. versatile than cash for online and cross-border traceable nature of virtual currencies contribute Although virtual currencies can be transactions, making virtual currencies vulner- to the tracking and prosecution of illicit fund- used for legal purchases, they have be- able for illicit transactions.’’. ing. come a common financial payment (3) Virtual currencies have become a promi- (b) SCOPE.—For the purposes of the study re- nent method to pay for goods and services asso- quired under subsection (a), the term ‘‘sex traf- method for criminals. ciated with illegal sex trafficking and drug trafficking’’ means the recruitment, harboring, Online marketplaces, including the ficking, which are two of the most detrimental transportation, provision, obtaining, patron- dark web, have become a prominent and troubling illegal activities facilitated by on- izing, or soliciting of a person for the purpose of platform to buy, sell, and advertise for line marketplaces. a commercial sex act that is induced by force, illicit goods and services associated (4) Online marketplaces, including the fraud, or coercion, or in which the person in- with sex trafficking and drug traf- darkweb, have become a prominent platform to duced to perform such act has not attained 18 ficking. buy, sell, and advertise for illicit goods and years of age. According to the International Labor services associated with sex trafficking and drug (c) REPORT TO CONGRESS.—Not later than 1 Organization, in 2016, 4.8 million people trafficking. year after the date of enactment of this Act, the in the world were victims of forced sex- (5) According to the International Labour Or- Comptroller General of the United States shall ual exploitation, and in 2014, the global ganization, in 2016, 4.8 million people in the submit to the Committee on Banking, Housing, world were victims of forced sexual exploitation, and Urban Affairs of the Senate and the Com- profit from commercial sexual exploi- and in 2014, the global profit from commercial mittee on Financial Services of the House of tation was $99 billion. sexual exploitation was $99 billion. Representatives a report summarizing the results According to the U.S. Treasury’s 2015 (6) In 2016, within the United States, the Cen- of the study required under subsection (a), to- National Money Laundering Risk As- ter for Disease Control estimated that there were gether with any recommendations for legislative sessment, an estimated $64 billion is

VerDate Sep 11 2014 02:40 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.015 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5590 CONGRESSIONAL RECORD — HOUSE June 25, 2018 generated from U.S. drug trafficking criminal organizations are increasingly Mr. VARGAS. You can see that he has operations. using virtual currencies due to their the heart of a Jesuit and the mind of a Illegal fentanyl in the United States ease of use and the anonymity they Harvard lawyer. originates primarily from China and is provide. Mr. Speaker, I yield back the balance readily available to purchase through b 1545 of my time. online marketplaces. Certainly, all of The SPEAKER pro tempore. The my colleagues have heard extensively, While evidence points to the growth question is on the motion offered by over the last 2 weeks, the stunning hor- of virtual currencies as a payment the gentleman from Arkansas (Mr. rors of how fentanyl has entered our method for illicit sex and drug traf- HILL) that the House suspend the rules marketplace, with one estimate that, ficking, the true scope of the problem and pass the bill, H.R. 6069, as amend- just last year alone, enough came and the potential solutions have not ed. across our borders in this country to been fully established. The question was taken; and (two- kill half the U.S. population. According to the International thirds being in the affirmative) the According to the DEA, in 2017, the Labour Organization, in 2016, 4.8 mil- rules were suspended and the bill, as National Drug Threat Assessment, lion people in the world were victims of amended, was passed. transnational criminal organizations forced sexual exploitation, and in 2014, A motion to reconsider was laid on are increasingly using virtual cur- the global profit from commercial sex- the table. ual exploitation was $99 billion. rencies. This bill will allow Congress to f fully understand the extent to which Unfortunately, virtual currencies are virtual currencies are being used to fa- also being used as a payment method HYDROGRAPHIC SERVICES cilitate drug and sex trafficking. for transnational drug traffickers. IMPROVEMENT AMENDMENTS ACT The bill will also study how virtual As you may know all too well, the Mr. YOUNG of Alaska. Mr. Speaker, I currencies can be used to detect and United States is struggling to combat move to suspend the rules and pass the deter illicit activities and propose leg- the rising number of lives cut short by bill (H.R. 221) to reauthorize the Hydro- islative solutions to fight these crimes. the tragic use of opioids. As was stated graphic Services Improvement Act of Mr. Speaker, I reserve the balance of earlier by my good friend Mr. HILL, in 1998, and for other purposes, as amend- my time. 2016 alone, the CDC estimated that ed. Mr. ELLISON. Mr. Speaker, I yield there were 64,000 deaths—64,000 The Clerk read the title of the bill. such time as he may consume to the deaths—in the U.S. related to drug The text of the bill is as follows: gentleman from California (Mr. overdose. H.R. 221 The most severe increases in drug VARGAS), a respected, active member of Be it enacted by the Senate and House of Rep- the Financial Services Committee. overdoses were those associated with resentatives of the United States of America in Mr. VARGAS. Mr. Speaker, I rise fentanyl and also fentanyl analogs. Congress assembled, today to urge my colleagues to support Fentanyl is an extremely deadly opioid SECTION 1. SHORT TITLE. H.R. 6069, the Fight Illicit Networks that is 50 to 100 times more potent than This Act may be cited as the ‘‘Hydrographic and Detect Trafficking Act, FIND. morphine. Fentanyl is being illicitly Services Improvement Amendments Act’’. Allow me first to thank Chairman manufactured in China and Mexico, SEC. 2. REAUTHORIZATION OF HYDROGRAPHIC HENSARLING for his leadership and also with most of the illegal fentanyl in the SERVICES IMPROVEMENT ACT OF 1998. Ranking Member WATERS for her lead- United States originating from China, ership, and also for their support of and it is readily available to purchase (a) REAUTHORIZATIONS.—Section 306 of the through the online marketplaces. Hydrographic Services Improvement Act of 1998 this legislation. (33 U.S.C. 892d) is amended— I would also like to thank my good If we are to craft effective regulatory (1) by inserting before ‘‘There are authorized’’ friend, Mr. FRENCH HILL. I thank him and legislative solutions to combat the following: ‘‘(a) IN GENERAL.—’’; for his kind words and for his support these transnational criminal organiza- (2) in subsection (a) (as designated by para- of this bill. tions, we need to fully study and ana- graph (1))— I especially would like to thank Mr. lyze how virtual currencies and online (A) in paragraph (1), by striking ‘‘surveys—’’ ROTHFUS for his leadership on the Ter- marketplaces are used to facilitate sex and all that follows through the end of the rorism and Illicit Finance Sub- and drug trafficking to determine how paragraph and inserting ‘‘surveys, $70,814,000 committee and for generously agreeing to best eliminate their use. for each of fiscal years 2019 through 2023.’’; (B) in paragraph (2), by striking ‘‘vessels—’’ to colead this commonsense, narrowly H.R. 6069, the FIND Trafficking Act and all that follows through the end of the tailored legislation. of 2018, requires the Comptroller Gen- paragraph and inserting ‘‘vessels, $25,000,000 for As you may know, a virtual currency eral of the United States to: one, carry each of fiscal years 2019 through 2023.’’; is a digital representation of value that out a study on how virtual currencies (C) in paragraph (3), by striking ‘‘Administra- can be digitally traded. Since the cre- and online marketplaces are used to fa- tion—’’ and all that follows through the end of ation of bitcoin, the first and most cilitate sex or drug trafficking; and, the paragraph and inserting ‘‘Administration, widely known example of two, make recommendations to Con- $29,932,000 for each of fiscal years 2019 through cryptocurrency, thousands of gress on legislative and regulatory ac- 2023.’’; (D) in paragraph (4), by striking cryptocurrencies have emerged and are tions that would impede the use of vir- ‘‘title—’’ and all that follows through the end of designed to serve a variety of purses. tual currencies and online market- the paragraph and inserting ‘‘title, $26,800,000 Some forms of virtual currency pro- places in facilitating sex and drug traf- for each of fiscal years 2019 through 2023.’’; and vide a digital alternative to cash that ficking. (E) in paragraph (5), by striking lacks the oversight of a government or It is my sincere hope that this bill is ‘‘title—’’ and all that follows through the end of central bank and, potentially, offers the first step toward crafting bipar- the paragraph and inserting ‘‘title, $30,564,000 greater anonymity than conventional tisan legislation to impede and eventu- for each of fiscal years 2019 through 2023.’’; and payment systems. ally eliminate the use of virtual cur- (3) by adding at the end the following new Just as virtual currencies have grown rencies by transnational criminal orga- subsection: ‘‘(b) ARCTIC PROGRAMS.—Of the amount au- in use in legitimate commerce, they nizations that facilitate drug and sex thorized by this section for each fiscal year— have also become an increasingly pop- trafficking. ‘‘(1) $10,000,000 is authorized for use to ac- ular financial payment method for Mr. Speaker, I urge my colleagues to quire hydrographic data, provide hydrographic criminals. Virtual currencies have been support the bill, and I again thank services, conduct coastal change analyses nec- and continue to be exploited to pay for both my colleagues here for their kind essary to ensure safe navigation, and improve goods and services associated with il- words about this bill and the biparti- the management of coastal change in the Arctic; licit illegal sex and drug trafficking. sanship that we have had on this bill. and These are two of the most detrimental Mr. ELLISON. Mr. Speaker, I yield ‘‘(2) $2,000,000 is authorized for use to acquire hydrographic data and provide hydrographic and troubling illegal activities sold on- back the balance of my time. services in the Arctic necessary to delineate the line. Mr. HILL. Mr. Speaker, for the bipar- United States extended Continental Shelf.’’. According to the DEA 2017 National tisan work on this bill, I want to again (b) LIMITATION ON ADMINISTRATIVE EXPENSES Drug Threat Assessment, transnational thank Mr. ROTHFUS and my good friend FOR SURVEYS.—Section 306 of such Act (33

VerDate Sep 11 2014 02:40 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 6333 E:\CR\FM\K25JN7.017 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5591 U.S.C. 892d) is further amended by adding at time the entrances and mouth to the H.R. 5751 the end the following: Yukon River were surveyed was 1899. Be it enacted by the Senate and House of Rep- ‘‘(c) LIMITATION ON ADMINISTRATIVE EX- The river is the most effective route to resentatives of the United States of America in PENSES FOR SURVEYS.—Of amounts authorized Congress assembled, by this section for each fiscal year for hydro- deliver food and goods to coastal and graphic surveys, not more than 5 percent is au- inland villages in western Alaska, and SECTION 1. SHORT TITLE. thorized for administrative costs.’’. the last on-the-ground surveys were This Act may be cited as the ‘‘Golden SEC. 3. GAO STUDY. completed the same year that gold was Spike 150th Anniversary Act’’. The Comptroller General of the United States discovered in Nome. SEC. 2. DEFINITIONS. shall, by not later than 18 months after the date Mr. Speaker, there are other areas In this Act: of enactment of this Act— around the Nation that have the same (1) ADJACENT LANDOWNER.—The term ‘‘ad- (1) conduct a study comparing the unit costs problem. This is a very important piece jacent landowner’’ means the non-Federal of hydrographic surveys conducted by the Na- owner of property that directly abuts the tional Oceanic and Atmospheric Administration of legislation. If we are to continue to utilize the ocean onshore and offshore, Park boundaries. and the unit costs of procuring performance of (2) HISTORICAL CROSSING.—The term ‘‘his- such surveys; and I urge the passage of this legislation, torical crossing’’ means a corridor with a (2) report to the Congress on the findings of and I reserve the balance of my time. maximum width of 30 feet across former rail- such study. Mr. BROWN of Maryland. Mr. Speak- road rights-of-way within the Park— The SPEAKER pro tempore. Pursu- er, I yield myself such time as I may (A) that has been used by adjacent land- ant to the rule, the gentleman from consume. owners in an open manner multiple times in Alaska (Mr. YOUNG) and the gentleman Mr. Speaker, this bill reauthorizes more than 1 of the past 10 years for vehicle, from Maryland (Mr. BROWN) each will the Hydrographic Services Improve- farm machinery, or livestock travel; or control 20 minutes. ment Act, which funds vital navigation (B) where existing utility or pipelines have been placed. The Chair recognizes the gentleman and safety services of NOAA’s Office of (3) NETWORK.—The term ‘‘Network’’ means from Alaska. Coast Survey, which maintains more the Transcontinental Railroad Network es- GENERAL LEAVE than 1,000 charts and publications used tablished under section 4. Mr. YOUNG of Alaska. Mr. Speaker, I by Federal and State agencies, private (4) PARK.—The term ‘‘Park’’ means the ask unanimous consent that all Mem- organizations, and the public. Golden Spike National Historical Park des- bers may have 5 legislative days within It is no small feat to do this for our ignated under section 3. which to revise and extend their re- Nation’s 95,000 miles of shoreline and (5) SECRETARY.—The term ‘‘Secretary’’ 3.4 million square nautical miles of means the Secretary of the Interior, acting marks and include extraneous material through the Director of the National Park for the bill under consideration. water. Service. The SPEAKER pro tempore. Is there It is critical that we ensure Federal (6) TRANSCONTINENTAL RAILROAD.—The objection to the request of the gen- capacity for hydrographic surveys, term ‘‘Transcontinental Railroad’’ means tleman from Alaska? mapping, and charting. NOAA vessels the approximately 1,912-mile continuous There was no objection. and data support a wide range of ac- railroad constructed between 1863 and 1869 Mr. YOUNG of Alaska. Mr. Speaker, I tivities and inform decisions with sig- from Council Bluffs, Iowa, to San Francisco, yield myself such time as I may con- nificant economic, environmental, and California. sume. safety impacts. SEC. 3. REDESIGNATION. Mr. Speaker, I rise today in support As we face rapidly changing ocean (a) REDESIGNATION.—The Golden Spike Na- of my bill, H.R. 221, the Hydrographic conditions, hydrographic services will tional Historic Site designated April 2, 1957, Services Improvement Amendments only become more important. This is and placed under the administration of the Act. particularly true in the Arctic, where National Park Service under the Act of July I was an original cosponsor and 10, 1965 (79 Stat. 426), shall be known and des- we will eventually see almost entirely ignated as the ‘‘Golden Spike National His- chairman of the House Natural Re- ice-free summers. It is not a matter of torical Park’’. sources Committee when Representa- if, but when and how soon. With that (b) REFERENCES.—Any reference in a law, tive Jim Saxton of New Jersey intro- comes an entirely new seascape for map, regulation, document, paper, or other duced the Hydrographic Services Im- maritime commerce and transport, de- record of the United States to the Golden provement Act of 1998. My legislation fense, and natural resources. Spike National Historic Site shall be consid- will reauthorize the act through 2022 Mr. Speaker, I want to commend my ered a reference to the ‘‘Golden Spike Na- tional Historical Park’’. and will allow NOAA to conduct and colleague Mr. YOUNG for his hard work. contract for hydrographic surveys I encourage adoption of this bill, and I (c) NETWORK.—The Park shall be part of the Network. around the U.S., with specific focus on yield back the balance of my time. the Arctic. SEC. 4. TRANSCONTINENTAL RAILROAD NET- Mr. YOUNG of Alaska. Mr. Speaker, I WORK. Alaska is what makes the United yield back the balance of my time. States an Arctic Nation. My State has (a) IN GENERAL.—The Secretary shall es- The SPEAKER pro tempore. The tablish, within the National Park Service, more coastline than any other State in question is on the motion offered by the Transcontinental Railroad Network. The this country, and we don’t know what the gentleman from Alaska (Mr. Network shall not include properties used in is under the surface. We are seeing a YOUNG) that the House suspend the active freight railroad operations (or other significant increase in vessel traffic, rules and pass the bill, H.R. 221, as ancillary purposes) or reasonably antici- exploration, and resource development amended. pated to be used for freight railroad oper- in our Arctic waters. The question was taken; and (two- ations in the future. While hydrographic surveys are a thirds being in the affirmative) the (b) STUDY.—The Secretary shall— (1) inventory National Park Service sites, critical part of the maritime safety, rules were suspended and the bill, as economic, and environmental efforts facilities, and programs; and amended, was passed. (2) identify other sites, facilities, and pro- nationwide, they are especially impor- A motion to reconsider was laid on grams, tant in the Arctic. the table. to determine their suitability for inclusion Mr. Speaker, there are more than in the Network, as delineated under sub- 550,000 square nautical miles in the f section (e). U.S. Arctic exclusive economic zone, GOLDEN SPIKE 150TH (c) DUTIES OF THE SECRETARY.—In carrying otherwise a 200-mile limit. It would out the Network, the Secretary shall— take decades to survey even half of ANNIVERSARY ACT (1) produce and disseminate appropriate that space. Mr. BISHOP of Utah. Mr. Speaker, I education materials relating to the history, NOAA has designated 38,000 miles as move to suspend the rules and pass the construction, and legacy of the Trans- survey priority areas, and estimates a bill (H.R. 5751) to redesignate Golden continental Railroad, such as handbooks, Spike National Historic Site and to es- maps, interpretive guides, or electronic in- range up to 25 years to survey just formation; those priority areas, if resources re- tablish the Transcontinental Railroad (2) identify opportunities to enhance the main at their current level. Network, as amended. recognition of immigrant laborers’ contribu- Alaskan waters are incredibly under- The Clerk read the title of the bill. tions to the history, construction, and leg- surveyed. Before this year, the last The text of the bill is as follows: acy of the Transcontinental Railroad;

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.011 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5592 CONGRESSIONAL RECORD — HOUSE June 25, 2018 (3) enter into appropriate cooperative up to 10 years, subject to renewal. Such an public, and allow people to spend sev- agreements and memoranda of under- authorization shall provide— eral days visiting different areas. standing to provide technical assistance (1) that the invasive species proposed for It is also important since, ironically, under subsection (d); and eradication is identified as such by the Na- within a few miles of this location is (4) create and adopt an official, uniform tional Park Service; symbol or device for the Network and issue (2) that the method, timing, and location also the site where most of the motors guidance for the use of such symbol or de- of the eradication must be approved by the that were made for outer space travel vice. Secretary; and were also built at the same time. (d) ELEMENTS.—The Network shall encom- (3) appropriate indemnification of the adja- This can also become a hub of truly pass the following elements: cent landowner. educational value about transportation (1) All units and programs of the National SEC. 7. FUNDING CLARIFICATION. in both the 19th century as well as the Park Service that are determined by the No additional funds are authorized to carry 20th century. It can also be an oppor- Secretary to relate to the history, construc- out the requirements of this Act. Such re- tunity to tell the story of the literally tion, and legacy of the Transcontinental quirements shall be carried out using thousands of immigrants who helped Railroad. amounts otherwise authorized. build the system going both ways in (2) With the consent of each person owning The SPEAKER pro tempore. Pursu- any legal interest in the property, other Fed- both directions. And it establishes a eral, State, local, and privately owned prop- ant to the rule, the gentleman from process so that challenges that have erties that have a verifiable connection to Utah (Mr. BISHOP) and the gentleman been longstanding with neighboring the history, construction, and legacy of the from Maryland (Mr. BROWN) each will landowners can be resolved in an easy Transcontinental Railroad and are included control 20 minutes. and simple way not only now but also in, or determined by the Secretary to be eli- The Chair recognizes the gentleman going into the future. gible for inclusion in, the National Register from Utah. of Historic Places. 1600 GENERAL LEAVE b (3) Other governmental and nongovern- Mr. Speaker, I urge my colleagues to mental programs of an educational, research, Mr. BISHOP of Utah. Mr. Speaker, I or interpretive nature that are directly re- ask unanimous consent that all Mem- support this bill which will make the lated to the history, construction, and leg- bers may have 5 legislative days within Golden Spike a national historical acy of the Transcontinental Railroad. which to revise and extend their re- park in time for the 150th birthday (e) COOPERATIVE AGREEMENTS AND MEMO- marks and include extraneous material which will be May 10, 2019. RANDA OF UNDERSTANDING.—To achieve the on the bill under consideration. Mr. Speaker, I reserve the balance of purposes of this section and to ensure effec- The SPEAKER pro tempore. Is there my time. tive coordination of the Federal and non- objection to the request of the gen- Mr. BROWN of Maryland. Mr. Speak- Federal elements of the Network described er, I yield myself such time as I may in subsection (d) with National Park System tleman from Utah? units and programs of the National Park There was no objection. consume. Service, the Secretary may enter into coop- Mr. BISHOP of Utah. Mr. Speaker, I Mr. Speaker, H.R. 5751 redesignates erative agreements and memoranda of un- yield myself such time as I may con- the Golden Spike National Historic derstanding with, and provide technical assume. Site as the Golden Spike National His- sistance to, the heads of other Federal agen- May 10, 1869, is one of the most sig- torical Park and directs the Secretary cies, States, units of local government, re- nificant dates that we have in Amer- of the Interior to establish a program gional governmental bodies, and private en- ican history because that is the date known as the Transcontinental Rail- tities. when a congressionally mandated pro- road Network within the National SEC. 5. AGREEMENTS AFFECTING CERTAIN HIS- TORICAL CROSSINGS. vision to try to unite the two oceans on Park Service. (a) PROGRAMMATIC AGREEMENT.—No later this continent Nation together actu- On May 10, 1869, a historically very than 6 months after the date of enactment of ally came into being. significant day in the history of our this Act, the Secretary shall enter into a The final spike that was put into this country, the Atlantic and Pacific Programmatic Agreement with the Utah effort that was originated by Congress Coasts were linked for the first time in State Historic Preservation Office and other and, actually, oddly enough, Congress our Nation’s history when the 1,912- consulting parties to add certain under- had to get them to stop going at dif- mile system of hand-built tracks was takings in the Park to the list of those eligi- ferent directions and come together at completed in Promontory, Utah. ble for streamlined review under section 106 This national historical park des- of the Historic Preservation Act of 1966 (54 one point, took place in Promontory U.S.C. 306108). In the development of the Pro- Summit in my State of Utah, in my ignation is a fitting tribute that ac- grammatic Agreement, the Secretary shall district, about 30 miles from where I knowledges the significance of this collaborate with adjacent landowners, live. event. The bill will also help the Na- Tribes, and other consulting parties. This is a prominent symbol of the tional Park Service educate the public (b) PROCESS FOR APPROVAL.—After the most significant achievement we had about the history, construction, and completion of the Programmatic Agreement in the 19th century. It is, for transpor- legacy of the transcontinental railroad under subsection (a), an adjacent landowner tation, as significant as landing a man without additional funds. shall give the Secretary notice of proposed on the moon would be for the 20th cen- I would like to thank the chairman certain undertakings. Within 30 days of the receipt of the notice, the Secretary shall re- tury. for his efforts to preserve an important view and approve the proposed certain under- Having the rail system go in there part of our history. This is a good bill, takings if consistent with the Programmatic meant that some of my ancestors who and I urge my colleagues to support its Agreement. had to walk every step across the passage. (c) DEFINITION OF CERTAIN UNDER- plains, taking months to get to Utah, I yield back the balance of my time. TAKINGS.—As used in this section, the term could now do it in 7 days on the new Mr. BISHOP of Utah. Mr. Speaker, I ‘‘certain undertakings’’ means those activi- train that was going through there. invite all of you out next May 10 to a ties that take place on, within, or under a This is one of those things that has celebration at this site. It will be a historical crossing and— (1) will last less than 1 month and will the support of the National Park Serv- party you will not forget. have limited physical impact on the surface ice, which wants to make sure that Mr. Speaker, I urge my colleagues’ of the historical crossing; some of the less visual parks are given adoption, and I yield back the balance (2) have been implemented by an adjacent the quality attention they deserve, to of my time. landowner or other adjacent landowners in make them something that is impor- The SPEAKER pro tempore (Mr. the past; or tant for the future history of this coun- BACON). The question is on the motion (3) is the subject of a categorical exclusion try. offered by the gentleman from Utah under the National Environmental Policy So it is not just going to be a park. (Mr. BISHOP) that the House suspend Act of 1969 (42 U.S.C. 4321 et seq.). This is going to be a historic park, and the rules and pass the bill, H.R. 5751, as SEC. 6. INVASIVE SPECIES CONTROL. it is going to be part of a trans- amended. At the request of an adjacent landowner, within 30 days of such a request, the Sec- continental railroad network that will The question was taken; and (two- retary shall authorize the adjacent land- take all sorts of other activities that thirds being in the affirmative) the owner to participate in the eradication of deal with transportation within the rules were suspended and the bill, as invasive species in the Park for a period of area, allow them to make them more amended, was passed.

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.008 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5593 A motion to reconsider was laid on (4) CONDITION.—The relinquishment of the Mr. BROWN of Maryland. Mr. Speak- the table. reversionary interest under paragraph (1) er, I yield myself such time as I may shall be effective on the date that the Rail- f consume. road conveys the Parcels to the City. Mr. Speaker, H.R. 805, releases the TULARE YOUTH RECREATION AND (c) MAP ON FILE.—The Map shall be kept on file and available for public inspection in the reversionary interests on two parcels WOMEN’S HISTORY ENHANCE- of land in Tulare County in California. MENT ACT appropriate offices of the Bureau of Land Management. These parcels are currently leased from Mr. BISHOP of Utah. Mr. Speaker, I (d) PRESERVATION OF EXISTING RIGHTS OF the Union Pacific Railroad and contain move to suspend the rules and pass the ACCESS.—Nothing in this Act shall impair a skate park and historic women’s bill (H.R. 805) to authorize the convey- any existing rights of access in favor of the club, owned and operated by the city. ance of and remove the reversionary public or any owner of adjacent lands over, City officials want to make improve- interest of the United States in certain under or across the Parcels. ments to both facilities, but are unable lands in the City of Tulare, California. (e) SURFACE ENTRY.—The Parcels shall be to secure financing without clean and The Clerk read the title of the bill. subject to the same conditions as those parcels affected by Public Law 105–195 regarding free titles to the property. The text of the bill is as follows: rights of surface entry. In the 19th century, Congress granted H.R. 805 the land to Southern Pacific Railroad, The SPEAKER pro tempore. Pursu- the predecessor of Union Pacific, for Be it enacted by the Senate and House of Rep- ant to the rule, the gentleman from resentatives of the United States of America in use as a railroad right-of-way. Congress Utah (Mr. BISHOP) and the gentleman Congress assembled, subsequently authorized the railroad to from Maryland (Mr. BROWN) each will SECTION 1. SHORT TITLE. lease the land to Tulare for other pub- control 20 minutes. This Act may be cited as the ‘‘Tulare lic purposes. However, the land re- The Chair recognizes the gentleman Youth Recreation and Women’s History En- mains encumbered with a reversionary from Utah. hancement Act’’. interest. SEC. 2. FINDINGS. GENERAL LEAVE Congress passed a law in 1998 that re- The Congress finds the following: Mr. BISHOP of Utah. Mr. Speaker, I (1) The City of Tulare requires clear title leased the reversionary interest on 12 ask unanimous consent that all Mem- parcels in Tulare. H.R. 805 deals with to two Parcels of land within the City’s busi- bers have 5 legislative days to revise ness corridor. two additional parcels, allowing Union (2) The Parcels are part of a right-of-way and extend their remarks and include Pacific to sell the land to Tulare and granted to the Railroad by the Federal Gov- extraneous materials on the bill under clear the way for planned improve- ernment by the Act dated July 27, 1866. consideration. ments. (3) The Parcels, which are currently under The SPEAKER pro tempore. Is there The 1998 law was the first time Con- lease to the City, are currently occupied by objection to the request of the gen- gress authorized the release of a rever- an outdoor recreation facility for youth and tleman from Utah? sionary interest for redevelopment pur- a historic women’s club. There was no objection. poses. At the time, the railroad had al- (4) The City desires to improve and restore Mr. BISHOP of Utah. Mr. Speaker, I these facilities but cannot absent clear title ready sold the land at Tulare, even to the Parcels. yield such time as he may consume to though it belonged to taxpayers, and (5) The United States retained a rever- the gentleman from California (Mr. Congress had to intervene to remedy sionary interest in the Parcels conveyed to NUNES), the sponsor of this bill. the situation. Unlike the situation in the Railroad in 1866 and has not exercised Mr. NUNES. Mr. Speaker, I want to 1998, the two parcels affected by this this authority. thank the chairman and the ranking bill have not been sold and under nor- (6) The Union Pacific Railroad desires to member for allowing this bill to come mal circumstances, the Federal Gov- sell the Parcels to the City. up today. ernment—not Union Pacific—should (7) Public Law 105–195 conveyed the rever- I rise in support of H.R. 805, the sionary interest to all surrounding Parcels receive payment for the parcels if they in 1998, which were conveyed by the Union Tulare Youth Recreation and Women’s are no longer used as originally in- Pacific Railroad to the City. History Enhancement Act. tended by Congress. SEC. 3. AUTHORIZATION OF CONVEYANCE AND This bill simply removes a Federal However, the history of congressional REMOVAL OF REVERSIONARY IN- revisionary interest in two parcels of involvement in Tulare justifies an ex- TEREST. land in my hometown of Tulare, Cali- ception to this standard. Due to the (a) DEFINITIONS.—In this section: fornia, and offers their conveyance to circumstances, I am happy to support (1) CITY.—The term ‘‘City’’ means the City the city. of Tulare, California. this bill and I urge my colleagues to This would allow the city to purchase (2) MAP.—The term ‘‘Map’’ means the map support its adoption. entitled ‘‘Tulare Railroad Parcels Proposed this land from the Union Pacific Rail- Mr. Speaker, I reserve the balance of to be Acquired’’, dated April 30, 2015. road, which received the land from the my time. (3) PARCELS.—The term ‘‘Parcels’’ means Federal Government by right-of-way in Mr. BISHOP of Utah. Mr. Speaker, I the land identified as ‘‘Tulare Railroad Pro- the 19th century. One parcel has long yield myself such time as I may con- posed Parcels’’ on the Map. been home to a historic Women’s Club sume. (4) SECRETARY.—The term ‘‘Secretary’’ House which has served as an impor- This is not a significant bill. We are means the Secretary of the Interior. tant community center for more than talking about a couple of acres of prop- (5) RAILROAD.—The term ‘‘Railroad’’ means the Union Pacific Railroad. 100 years. erty that used to be owned by the Fed- (b) REVERSIONARY INTEREST EXTIN- The Women’s Club House is in need of eral Government that had no purpose GUISHED.— critical repairs, but the city of Tulare and use for it. So they gave it up. But (1) IN GENERAL.—To promote recreational has been reluctant to make repairs instead, Congress decided to include a opportunities for youth and commemorate without clear title to the land. If this reversionary clause with this stuff so women’s history in the City, the United bill were enacted, the city would be that if they ever wanted to do some- States authorizes the conveyance of and re- making needed repairs to this histor- thing different with these 2 acres of linquishes its reversionary interest in the ical landmark, preserving it for genera- Parcels retained under the Act of July 27, property, they would have to come 1866 (14 Stat. 292, chapter 278). tions to come. crawling back to us to ask for our per- (2) REQUIRED DOCUMENTATION.—The relin- The second parcel of land is home to mission to do it, which is silly. quishment of the reversionary interest under the Rotary Skate Park, which is a rec- It is ridiculous that we have to go paragraph (1) shall be executed by the Sec- reational park used by young and old through this process time, after time, retary in an instrument that— residents alike. Both of these commu- after time. The Federal Government (A) is suitable for recording in the records nity locations are extremely important didn’t need this land originally. They of Tulare County, California; and to the people of the San Joaquin Val- still don’t need it, but they still have (B) references this Act and any prior in- ley, and this bill will ensure their con- that particular clause attached to it. struments relating to the United States interest in the Parcels. tinued use for many years to come. This land needs to be given over to (3) COSTS.—Any costs associated with the I want to thank, again, the chair and the city who uses it so they can make required documentation under paragraph (2) ranking member for their support, and improvements on facilities that have shall be paid by the City. urge my colleagues to support this bill. been used since the 1800s. And that we

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.025 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5594 CONGRESSIONAL RECORD — HOUSE June 25, 2018 have to go through an actual law to do MANAGEMENT.—In accordance with the Wilder- Valley’, numbered 143/100,083C, and dated Octo- this, is a silly practice that we main- ness Act (16 U.S.C. 1131 et seq.) and sections 601 ber 7, 2014, which shall be considered to be a tain here in Congress. It should not be and 603 of the Federal Land Policy and Man- part of the Death Valley National Park Wilder- done. This is a perfect example of why agement Act of 1976 (43 U.S.C. 1781, 1782), the ness. following land in the State is designated as wil- ‘‘(4) DEATH VALLEY NATIONAL PARK WILDER- the reversionary clause is no longer derness areas and as components of the Na- NESS ADDITIONS-WARM SPRINGS.—Certain land in needed. tional Wilderness Preservation System: the Conservation Area administered by the Di- If you really care about people, put a ‘‘(1) AVAWATZ MOUNTAINS WILDERNESS.—Cer- rector of the National Park Service, comprising clause in there that says that if they tain land in the Conservation Area administered approximately 10,485 acres, as generally de- want to change the practice, it has to by the Director of the Bureau of Land Manage- picted on the map entitled ‘Death Valley Na- be for the public interest and the pub- ment, comprising approximately 91,800 acres, as tional Park Proposed Wilderness Area-Warm lic good. That would be logical. But generally depicted on the map entitled ‘Avawatz Spring Canyon/Galena Canyon’, numbered 143/ what we have to do now is illogical in Mountains Proposed Wilderness’ and dated 100,084C, and dated October 7, 2014, which shall doing this particular bill. It needs to be June 30, 2015, to be known as the ‘Avawatz be considered to be a part of the Death Valley Mountains Wilderness’. National Park Wilderness. done. It has to be done for the people ‘‘(2) GOLDEN VALLEY WILDERNESS.—Certain ‘‘(5) DEATH VALLEY NATIONAL PARK WILDER- who live there and for these properties, land in the Conservation Area administered by NESS ADDITIONS-AXE HEAD.—Certain land in the but it is silly that we have to go the Director of the Bureau of Land Manage- Conservation Area administered by the Director through this process. ment, comprising approximately 1,250 acres, as of the National Park Service, comprising ap- Mr. Speaker, I reserve the balance of generally depicted on the map entitled ‘Golden proximately 8,638 acres, as generally depicted on my time. Valley Proposed Wilderness Additions’ and the map entitled ‘Death Valley National Park Mr. BROWN of Maryland. Mr. Speak- dated June 22, 2015, which shall be considered to Proposed Wilderness Area-Axe Head’, numbered er, I agree. I think no Member of Con- be part of the ‘Golden Valley Wilderness’. 143/100,085C, and dated October 7, 2014, which gress enjoys an unnecessary crawl ‘‘(3) GREAT FALLS BASIN WILDERNESS.— shall be considered to be a part of the Death ‘‘(A) IN GENERAL.—Certain land in the Con- back, but I think the majority of the Valley National Park Wilderness. servation Area administered by the Director of ‘‘(6) DEATH VALLEY NATIONAL PARK WILDER- Members of Congress recognize our the Bureau of Land Management, comprising NESS ADDITIONS-BOWLING ALLEY.—Certain land duty to protect the public interest. approximately 7,870 acres, as generally depicted in the Conservation Area administered by the We resoundingly support what is a on the map entitled ‘Great Falls Basin Proposed Director of the Bureau of Land Management, very, very good bill. Mr. Speaker, I Wilderness’ and dated April 29, 2015, to be comprising approximately 28,923 acres, as gen- yield back the balance of my time. known as the ‘Great Falls Basin Wilderness’. erally depicted on the map entitled ‘Death Val- Mr. BISHOP of Utah. Mr. Speaker, I ‘‘(B) LIMITATIONS.—Designation of the wilder- ley National Park Proposed Wilderness Area- urge my colleagues to adopt this bill, ness under subparagraph (A) shall not establish Bowling Alley’, numbered 143/128,606, and dated and I yield back the balance of my a Class I Airshed under the Clean Air Act (42 May 14, 2015, which shall be considered to be a time. U.S.C. 7401 et seq.). part of the Death Valley National Park Wilder- ‘‘(4) KINGSTON RANGE WILDERNESS.—Certain The SPEAKER pro tempore. The ness. land in the Conservation Area administered by ‘‘(c) DESIGNATION OF WILDERNESS AREA TO BE question is on the motion offered by the Bureau of Land Management, comprising ADMINISTERED BY THE FOREST SERVICE.— the gentleman from Utah (Mr. BISHOP) approximately 53,320 acres, as generally de- ‘‘(1) IN GENERAL.—In accordance with the that the House suspend the rules and picted on the map entitled ‘Kingston Range Pro- Wilderness Act (16 U.S.C. 1131 et seq.), the land pass the bill, H.R. 805. posed Wilderness Additions’ and dated February in the State described in paragraph (2) is des- The question was taken; and (two- 18, 2015, which shall be considered to be a part ignated as a wilderness area and as a compo- thirds being in the affirmative) the of as the ‘Kingston Range Wilderness’. nent of the National Wilderness Preservation rules were suspended and the bill was ‘‘(5) SODA MOUNTAINS WILDERNESS.—Certain System. passed. land in the Conservation Area, administered by ‘‘(2) DESCRIPTION OF LAND.—The land referred A motion to reconsider was laid on the Bureau of Land Management, comprising to in paragraph (1) is certain land in the San approximately 79,990 acres, as generally de- Bernardino National Forest, comprising ap- the table. picted on the map entitled ‘Soda Mountains proximately 7,141 acres, as generally depicted on f Proposed Wilderness’ and dated February 18, the map entitled ‘San Gorgonio Proposed Wil- CALIFORNIA OFF-ROAD RECRE- 2015, to be known as the ‘Soda Mountains Wil- derness Expansion,’ and dated November 2, derness’. ATION AND CONSERVATION ACT 2016, which shall considered to be a part of the ‘‘(b) DESIGNATION OF WILDERNESS AREAS TO San Gorgonio Wilderness. Mr. BISHOP of Utah. Mr. Speaker, I BE ADMINISTERED BY THE NATIONAL PARK SERV- ‘‘(3) FIRE MANAGEMENT AND RELATED ACTIVI- move to suspend the rules and pass the ICE.—In accordance with the Wilderness Act (16 TIES.— bill (H.R. 857) to provide for conserva- U.S.C. 1131 et seq.) and sections 601 and 603 of ‘‘(A) IN GENERAL.—The Secretary may carry tion and enhanced recreation activities the Federal Land Policy and Management Act out such activities in the wilderness area des- in the California Desert Conservation of 1976 (43 U.S.C. 1781, 1782), the following land ignated by paragraph (1) as are necessary for in the State is designated as wilderness areas the control of fire, insects, and disease, in ac- Area, and for other purposes, as amend- and as components of the National Wilderness cordance with section 4(d)(1) of the Wilderness ed. Preservation System: Act (16 U.S.C. 1133(d)(1)) and House Report 98– The Clerk read the title of the bill. ‘‘(1) DEATH VALLEY NATIONAL PARK WILDER- 40 of the 98th Congress. The text of the bill is as follows: NESS ADDITIONS-NORTH EUREKA VALLEY.—Cer- ‘‘(B) FUNDING PRIORITIES.—Nothing in this H.R. 857 tain land in the Conservation Area administered subsection limits the provision of any funding Be it enacted by the Senate and House of Rep- by the Director of the National Park Service, for fire or fuel management in the wilderness resentatives of the United States of America in comprising approximately 11,496 acres, as gen- area designated by paragraph (1). Congress assembled, erally depicted on the map entitled ‘Death Val- ‘‘(C) REVISION AND DEVELOPMENT OF LOCAL SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ley National Park Proposed Wilderness Area- FIRE MANAGEMENT PLANS.—As soon as prac- (a) SHORT TITLE.—This Act may be cited as North Eureka Valley’, numbered 143/100,082C, ticable after the date of enactment of this title, the ‘‘California Off-Road Recreation and Con- and dated October 7, 2014, which shall be con- the Secretary shall amend the local fire manage- servation Act’’. sidered to be a part of the Death Valley Na- ment plans that apply to the wilderness area (b) TABLE OF CONTENTS.—The table of con- tional Park Wilderness. designated by paragraph (1). tents of this Act is as follows: ‘‘(2) DEATH VALLEY NATIONAL PARK WILDER- ‘‘(D) ADMINISTRATION.—In accordance with Sec. 1. Short title; table of contents. NESS ADDITIONS-IBEX.—Certain land in the Con- subparagraph (A) and other applicable Federal Sec. 2. California Off-Road Recreation and servation Area administered by the Director of law, to ensure a timely and efficient response to Conservation. the National Park Service, comprising approxi- fire emergencies in the wilderness area des- Sec. 3. Visitor center. mately 23,650 acres, as generally depicted on the ignated by paragraph (1), the Secretary shall— Sec. 4. California State school land. map entitled ‘Death Valley National Park Pro- ‘‘(i) not later than 1 year after the date of en- Sec. 5. Designation of wild and scenic rivers. posed Wilderness Area-Ibex’, numbered 143/ actment of this title, establish agency approval Sec. 6. Conforming amendments. 100,081C, and dated October 7, 2014, which shall procedures (including appropriate delegations of SEC. 2. CALIFORNIA OFF-ROAD RECREATION AND be considered to be a part of the Death Valley authority to the Forest Supervisor, District CONSERVATION. National Park Wilderness. Manager, or other agency officials) for respond- Public Law 103–433 (16 U.S.C. 410aaa et seq.) ‘‘(3) DEATH VALLEY NATIONAL PARK WILDER- ing to fire emergencies in the wilderness area is amended by adding at the end the following: NESS ADDITIONS-PANAMINT VALLEY.—Certain designated by paragraph (1); and ‘‘TITLE XIII—WILDERNESS land in the Conservation Area administered by ‘‘(ii) enter into agreements with appropriate ‘‘SEC. 1301. DESIGNATION OF WILDERNESS the Director of the National Park Service, com- State or local firefighting agencies relating to AREAS. prising approximately 4,807 acres, as generally that wilderness area. ‘‘(a) DESIGNATION OF WILDERNESS AREAS TO depicted on the map entitled ‘Death Valley Na- ‘‘SEC. 1302. MANAGEMENT. BE ADMINISTERED BY THE BUREAU OF LAND tional Park Proposed Wilderness Area-Panamint ‘‘(a) ADJACENT MANAGEMENT.—

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‘‘(1) IN GENERAL.—Nothing in this title creates ‘‘(c) ADMINISTRATION.—Subject to valid exist- ‘‘(c) REESTABLISHMENT OF WILDERNESS DES- any protective perimeter or buffer zone around ing rights, the land designated as wilderness or IGNATION.— the wilderness areas designated by section 1301. as a wilderness addition by section 1301 shall be ‘‘(1) NOTICE.—The Secretary shall publish a ‘‘(2) ACTIVITIES OUTSIDE WILDERNESS AREAS.— administered by the Secretary in accordance notice in the Federal Register when the Sec- ‘‘(A) IN GENERAL.—The fact that an activity with this Act and the Wilderness Act (16 U.S.C. retary determines that— (including military activities) or use on land 1131 et seq.), except that any reference in that ‘‘(A) the communications site within the po- outside a wilderness area designated by section Act to the Secretary of Agriculture shall also be tential wilderness area designated under sub- 1301 can be seen or heard within the wilderness considered to be a reference to the Secretary of section (a) is no longer used; area shall not preclude or restrict the activity or the Interior, and any reference to the effective ‘‘(B) the associated right-of-way is relin- use outside the boundary of the wilderness area. date shall be considered to be a reference to the quished or not renewed; and ‘‘(B) EFFECT ON NONWILDERNESS ACTIVITIES.— date of enactment of this title. ‘‘(C) the conditions in the potential wilderness ‘‘(i) IN GENERAL.—In any permitting pro- area designated by subparagraph (a) are com- ceeding (including a review under the National ‘‘SEC. 1303. RELEASE OF WILDERNESS STUDY AREAS. patible with the Wilderness Act (16 U.S.C. 1131 Environmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(a) FINDING.—Congress finds that, for pur- et seq.). et seq.)) conducted with respect to a project de- poses of section 603 of the Federal Land Policy ‘‘(2) DESIGNATION.—Upon publication by the scribed in clause (ii) that is formally initiated and Management Act of 1976 (43 U.S.C. 1782), Secretary of the notice described in paragraph through a notice in the Federal Register before any portion of a wilderness study area described (1), the land described in subsection (a) shall December 31, 2013, the consideration of any vis- in subsection (b) that is not designated as a wil- be— ual, noise, or other impacts of the project on a derness area or wilderness addition by section ‘‘(A) designated as wilderness and as a com- wilderness area designated by section 1301 shall 1301 or any other Act enacted before the date of ponent of the National Wilderness Preservation be conducted based on the status of the area be- enactment of this title has been adequately System; and fore designation as wilderness. studied for wilderness. ‘‘(B) incorporated into the Death Valley Na- ‘‘(ii) DESCRIPTION OF PROJECTS.—A project re- ‘‘(b) DESCRIPTION OF STUDY AREAS.—The tional Park Wilderness designated by section 601 ferred to in clause (i) is a renewable energy of Public Law 103–433. project or associated energy transport facility study areas referred to in subsection (a) are— project— ‘‘(1) the Cady Mountains Wilderness Study ‘‘TITLE XIV—NATIONAL PARK SYSTEM ‘‘(I) for which the Bureau of Land Manage- Area; ADDITIONS ment has received a right-of-way use applica- ‘‘(2) the Kingston Range Wilderness Study ‘‘SEC. 1401. DEATH VALLEY NATIONAL PARK tion on or before the date of enactment of this Area; BOUNDARY REVISION. title; and ‘‘(3) the Avawatz Mountain Wilderness Study ‘‘(a) IN GENERAL.—The boundary of Death ‘‘(II) that is located outside the boundary of a Area; Valley National Park is adjusted to include— wilderness area designated by section 1301. ‘‘(4) the Death Valley National Park Bound- ‘‘(1) the approximately 28,923 acres of Bureau ‘‘(3) NO ADDITIONAL REGULATION.—Nothing in ary and Wilderness Study Area; of Land Management land in Inyo County, this title requires additional regulation of activi- ‘‘(5) the Great Falls Basin Wilderness Study California, abutting the southern end of the ties on land outside the boundary of the wilder- Area; and Death Valley National Park that lies between ness areas. ‘‘(6) the Soda Mountains Wilderness Study Death Valley National Park to the north and ‘‘(4) EFFECT ON MILITARY OPERATIONS.—Noth- Area. Ft. Irwin Military Reservation to the south and ing in this title alters any authority of the Sec- ‘‘(c) RELEASE.—Any portion of a wilderness which runs approximately 34 miles from west to retary of Defense to conduct any military oper- study area described in subsection (b) that is not east, as depicted on the map entitled ‘Death ations at desert installations, facilities, and designated as a wilderness area or wilderness Valley National Park Proposed Boundary Addi- ranges of the State that are authorized under addition by section 1301 is no longer subject to tion-Bowling Alley’, numbered 143/128,605, and any other provision of law. section 603(c) of the Federal Land Policy and dated May 14, 2015; and ‘‘(5) EFFECT ON UTILITY FACILITIES AND Management Act of 1976 (43 U.S.C. 1782(c)). ‘‘(2) the approximately 6,369 acres of Bureau RIGHTS-OF-WAY.— ‘‘SEC. 1304. TREATMENT OF CHERRY-STEMMED of Land Management land in Inyo County, ‘‘(A) IN GENERAL.—Subject to paragraph (2), ROADS. California, located in the northeast area of nothing in this title terminates or precludes the ‘‘(a) DEFINITION OF CHERRY-STEMMED Death Valley National Park that is within, and renewal or reauthorization of any valid existing ROAD.—In this section, the term ‘cherry- surrounded by, land under the jurisdiction of right-of-way or customary operation, mainte- stemmed road’ means a road or trail that is ex- the Director of the National Park Service, as de- nance, repair, upgrading, or replacement activi- cluded from a wilderness area or wilderness ad- picted on the map entitled ‘Death Valley Na- ties in a right-of-way, issued, granted, or per- dition designated by section 202 by a non-wil- tional Park Proposed Boundary Addition-Cra- mitted to the Southern California Edison Com- derness corridor having designated wilderness ter’, numbered 143/100,079C, and dated October pany or predecessors, successors, or assigns of on both sides, as generally depicted on the maps 7, 2014. the Southern California Edison Company that is described in such section. ‘‘(b) AVAILABILITY OF MAP.—The maps de- located on land included in the San Gorgonio ‘‘(b) PROHIBITION ON CLOSURE OR TRAVEL RE- scribed in paragraphs (1) and (2) of subsection Wilderness Area or the Sand to Snow National STRICTIONS ON CHERRY-STEMMED ROADS.—The (a) shall be on file and available for public in- Monument. Secretary concerned shall not— spection in the appropriate offices of the Na- ‘‘(B) LIMITATION.—The activities described in ‘‘(1) close any cherry-stemmed road that is tional Park Service. subparagraph (A) shall be conducted in accord- open to the public as of the date of the enact- ‘‘(c) ADMINISTRATION.—The Secretary of the ance with the Wilderness Act (16 U.S.C. 1131 et ment of this Act; Interior (referred to in this title as the ‘Sec- seq.) for the San Gorgonio Wilderness Area and ‘‘(2) prohibit motorized access on a cherry- retary’) shall— in a manner compatible with the protection of stemmed road that is open to the public for mo- ‘‘(1) administer any land added to Death Val- objects and values for which the Sand to Snow torized access as of the date of the enactment of ley National Park under subsection (a)— National Monument was designated. this Act; or ‘‘(A) as part of Death Valley National Park; ‘‘(C) APPLICABLE LAW.—In accordance with ‘‘(3) prohibit mechanized access on a cherry- and the National Environmental Policy Act of 1969 stemmed road that is open to the public for ‘‘(B) in accordance with applicable laws (in- (42 U.S.C. 4321 et seq.), any approval required mechanized access as of the date of the enact- cluding regulations); and for an increase in the voltage of the Coachella ment of this Act. ‘‘(2) not later than 180 days after the date of distribution circuit shall require consideration ‘‘(c) RESOURCE PROTECTION OR PUBLIC SAFE- enactment of this Act, enter into a memorandum of alternative alignments, including alignments TY EXCEPTIONS.—Subsection (b) shall not apply of understanding with Inyo County, California, adjacent to State Route 62. to a cherry-stemmed road if the Secretary con- to permit operationally feasible, ongoing access APS; LEGAL DESCRIPTIONS.— ‘‘(b) M cerned determines that a closure or traffic re- ‘‘(1) IN GENERAL.—As soon as practicable after and use (including, but not limited to, material striction of the cherry-stemmed road is nec- the date of enactment of this title, the Secretary storage as well as excavation) to gravel pits in essary for purposes of significant resource pro- shall file a map and legal description of each existence as of that date along Saline Valley tection or public safety. wilderness area and wilderness addition des- Road within Death Valley National Park for ignated by section 1301 with— ‘‘SEC. 1305. DESIGNATION OF POTENTIAL WIL- road maintenance and repairs in accordance ‘‘(A) the Committee on Natural Resources of DERNESS AREA. with applicable laws (including regulations). the House of Representatives; and ‘‘(a) IN GENERAL.—Certain land administered ‘‘(d) ENVIRONMENTAL REMEDIATION.—To en- ‘‘(B) the Committee on Energy and Natural by the National Park Service, comprising ap- sure consistency with the Comprehensive Envi- Resources of the Senate. proximately 1 acre as generally depicted on the ronmental Response, Compensation, and Liabil- ‘‘(2) FORCE OF LAW.—A map and legal descrip- map entitled ‘Proposed Potential Wilderness, ity Act of 1980 (42 U.S.C. 9601 et seq.), and De- tion filed under paragraph (1) shall have the Mormon Peak Microwave Facility, Death Valley partment of the Interior policy, prior to the same force and effect as if included in this title, National Park’ and dated March 1, 2018, is des- transfer of any of the lands described in sub- except that the Secretary may correct errors in ignated as a potential wilderness area. section (a) to the National Park Service, the the maps and legal descriptions. ‘‘(b) USES.—The Secretary shall permit only land shall be fully investigated for contamina- ‘‘(3) PUBLIC AVAILABILITY.—Each map and the uses on the land described in subsection (a) tion in accordance with applicable environ- legal description filed under paragraph (1) shall that were permitted on the date of enactment of mental due diligence standards of the disposing be filed and made available for public inspection the California Desert Protection Act of 1994 agency and, within three years from the date of in the appropriate office of the Secretary. (Public Law 103–433). enactment of this subsection, the disposing

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agency shall undertake any environmental re- retary adjacent to Southern California Edison ‘‘(d) MAPS AND DESCRIPTIONS.— mediation or clean up activities and pay for Joshua Tree Utility Facilities. ‘‘(1) PREPARATION AND SUBMISSION.—As soon such activities relating to facilities, land or in- ‘‘(3) PUBLICATION OF PLANS.—Not later than as practicable after the date of enactment of this terest in land identified for transfer. the date that is 1 year after the date of enact- title, the Secretary shall file a map and legal de- ‘‘SEC. 1402. MOJAVE NATIONAL PRESERVE. ment of this title or the issuance of a new en- scription of each off-highway vehicle recreation ‘‘The boundary of the Mojave National Pre- ergy transport facility right-of-way within the area designated or expanded by subsections (a) serve is adjusted to include the 25 acres of Bu- Joshua Tree National Park, whichever is earlier, or (b) with— reau of Land Management land in Baker, Cali- the Secretary, in consultation with the Southern ‘‘(A) the Committee on Natural Resources of fornia, as depicted on the map entitled ‘Mojave California Edison Company, shall publish plans the House of Representatives; and National Preserve Proposed Boundary Addi- for regular and emergency access by the South- ‘‘(B) the Committee on Energy and Natural tion’, numbered 170/100,199, and dated August ern California Edison Company to the rights-of- Resources of the Senate. way of the Southern California Edison Com- 2009. ‘‘(2) LEGAL EFFECT.—The map and legal de- pany within Joshua Tree National Park. scriptions of the off-highway vehicle recreation ‘‘SEC. 1403. JOSHUA TREE NATIONAL PARK areas filed under paragraph (1) shall have the BOUNDARY REVISION. ‘‘TITLE XV—OFF-HIGHWAY VEHICLE RECREATION AREAS same force and effect as if included in this title, ‘‘(a) IN GENERAL.—The boundary of the Josh- except that the Secretary may correct errors in ua Tree National Park is adjusted to include— ‘‘SEC. 1501. DESIGNATION OF OFF-HIGHWAY VEHI- the map and legal descriptions. ‘‘(1) the 2,879 acres of land managed by Direc- CLE RECREATION AREAS. ‘‘(3) PUBLIC AVAILABILITY.—Each map and tor of the Bureau of Land Management that are ‘‘(a) DESIGNATION.—In accordance with the legal description filed under paragraph (1) shall contiguous at several different places to the Federal Land Policy and Management Act of be filed and made available for public inspection northern boundaries of Joshua Tree National 1976 (43 U.S.C. 1701 et seq.) and resource man- in the appropriate offices of the Bureau of Land Park in the northwest section of the Park, as agement plans developed under this title and Management. depicted on the map entitled ‘Joshua Tree Na- subject to valid rights, the following land within ‘‘(e) USE OF THE LAND.— tional Park Proposed Boundary Additions’, the Conservation Area in San Bernardino Coun- ‘‘(1) RECREATIONAL ACTIVITIES.— numbered 156/100,077, and dated August 2009; ty, California, is designated as Off-Highway Ve- ‘‘(A) IN GENERAL.—The Secretary shall con- and hicle Recreation Areas: ‘‘(1) DUMONT DUNES OFF-HIGHWAY VEHICLE tinue to authorize, maintain, and enhance the ‘‘(2) the 1,639 acres of land to be acquired RECREATION AREA.—Certain Bureau of Land recreational uses of the off-highway vehicle from the Mojave Desert Land Trust that are Management land in the Conservation Area, recreation areas designated or expanded by sub- contiguous at several different places to the comprising approximately 7,630 acres, as gen- sections (a) and (b), including, but not limited northern boundaries of Joshua Tree National erally depicted on the map entitled ‘Dumont to off-highway recreation, hiking, camping, Park in the northwest section of the Park, as Dunes OHV Recreation Area’ and dated Feb- hunting, mountain biking, sightseeing, depicted on the map entitled ‘Mojave Desert ruary 22, 2018, which shall be known as the rockhounding, and horseback riding, as long as Land Trust National Park Service Additions’, ‘Dumont Dunes Off-Highway Vehicle Recre- the recreational use is consistent with this sec- numbered 156/126,376, and dated September 2014. ation Area’. tion, the protection of public health and safety, ‘‘(b) AVAILABILITY OF MAPS.—The map de- ‘‘(2) EL MIRAGE OFF-HIGHWAY VEHICLE RECRE- and any other applicable law. scribed in subsection (a) and the map depicting ATION AREA.—Certain Bureau of Land Manage- ‘‘(B) OFF-HIGHWAY VEHICLE AND OFF-HIGHWAY the 25 acres described in subsection (c)(2) shall ment land in the Conservation Area, comprising RECREATION.—To the extent consistent with ap- be on file and available for public inspection in approximately 14,930 acres, as generally de- plicable Federal law (including regulations) and the appropriate offices of the National Park picted on the map entitled ‘El Mirage Proposed this section, any authorized recreation activities Service. OHV Recreation Area’ and dated February 22, and use designations in effect on the date of en- ‘‘(c) ADMINISTRATION.— 2018, which shall be known as the ‘El Mirage actment of this title and applicable to the off- ‘‘(1) IN GENERAL.—The Secretary shall admin- Off-Highway Vehicle Recreation Area’. highway vehicle recreation areas designated or ister any land added to the Joshua Tree Na- ‘‘(3) RASOR OFF-HIGHWAY VEHICLE RECREATION expanded by subsections (a) and (b) shall con- tional Park under subsection (a) and the addi- AREA.—Certain Bureau of Land Management tinue, including casual off-highway vehicular tional land described in paragraph (2)— land in the Conservation Area, comprising ap- use, racing, competitive events, rock crawling, ‘‘(A) as part of Joshua Tree National Park; proximately 23,910 acres, as generally depicted training, and other forms of off-highway recre- and on the map entitled ‘Rasor Proposed OHV ation. ‘‘(B) in accordance with applicable laws (in- Recreation Area’ and dated March 9, 2018, ‘‘(2) WILDLIFE GUZZLERS.—Wildlife guzzlers cluding regulations). which shall be known as the ‘Rasor Off-High- shall be allowed in the off-highway vehicle ‘‘(2) DESCRIPTION OF ADDITIONAL LAND.—The way Vehicle Recreation Area’. recreation areas designated by subsection (a) in additional land referred to in paragraph (1) is ‘‘(4) SPANGLER HILLS OFF-HIGHWAY VEHICLE accordance with— the 25 acres of land— RECREATION AREA.—Certain Bureau of Land ‘‘(A) applicable Bureau of Land Management ‘‘(A) depicted on the map entitled ‘Joshua Management land in the Conservation Area, guidelines; and Tree National Park Boundary Adjustment comprising approximately 56,140 acres, as gen- ‘‘(B) State law. Map’, numbered 156/80,049, and dated April 1, erally depicted on the map entitled ‘Spangler ‘‘(3) PROHIBITED USES.— 2003; Hills Proposed OHV Recreation Area’ and dated ‘‘(A) IN GENERAL.—Permanent commercial de- ‘‘(B) added to Joshua Tree National Park by March 9, 2018, which shall be known as the velopment (including development of energy fa- the notice of the Department of the Interior of ‘Spangler Hills Off-Highway Vehicle Recreation cilities, but excluding energy transport facilities, August 28, 2003 (68 Fed. Reg. 51799); and Area’. rights-of-way, and related telecommunication ‘‘(C) more particularly described as lots 26, 27, ‘‘(5) STODDARD VALLEY OFF-HIGHWAY VEHICLE facilities) shall be prohibited in the off-highway 28, 33, and 34 in sec. 34, T. 1 N., R. 8 E., San RECREATION AREA.—Certain Bureau of Land vehicle recreation areas designated or expanded Bernardino Meridian. Management land in the Conservation Area, by subsections (a) and (b) if the Secretary deter- ‘‘(d) SOUTHERN CALIFORNIA EDISON COMPANY comprising approximately 40,110 acres, as gen- mines that the development is incompatible with ENERGY TRANSPORT FACILITIES AND RIGHTS-OF- erally depicted on the map entitled ‘Stoddard the purpose of this title. WAY.— Valley Proposed OHV Recreation Area’ and ‘‘(B) EXCEPTION FOR TEMPORARY PERMITTED ‘‘(1) IN GENERAL.—Nothing in this title termi- dated March 9, 2018, which shall be known as VENDORS.—Subparagraph (A) does not prohibit nates any valid right-of-way for the customary the ‘Stoddard Valley Off-Highway Vehicle a commercial vendor from establishing, pursu- operation, maintenance, upgrade, repair, reloca- Recreation Area’. ant to a temporary permit, a site in the off-high- tion within an existing right-of-way, replace- ‘‘(b) EXPANSION OF JOHNSON VALLEY OFF- way vehicle recreation areas for the purpose of ment, or other authorized energy transport fa- HIGHWAY VEHICLE RECREATION AREA.—The providing accessories and other support for off- cility activities in a right-of-way issued, grant- Johnson Valley Off-Highway Vehicle Recreation highway vehicles and vehicles used for access- ed, or permitted to the Southern California Edi- Area designated by section 2945 of the Military ing the area. son Company or the predecessors, successors, or Construction Authorization Act for Fiscal Year ‘‘(f) ADMINISTRATION.— assigns of the Southern California Edison Com- 2014 (division B of Public Law 113-66; 127 Stat. ‘‘(1) IN GENERAL.—The Secretary shall admin- pany that is located on land described in para- 1038) is expanded to include all of the land, ap- ister the off-highway vehicle recreation areas graphs (1) and (2) of subsection (a), including, proximately 11,300 acres, depicted as the ‘Pro- designated or expanded by subsections (a) and at a minimum, the use of mechanized vehicles, posed Johnson Valley Off-Highway Vehicle (b) in accordance with— helicopters, or other aerial devices. Recreation Area Additions’ on the map entitled ‘‘(A) this title; ‘‘(2) UPGRADES AND REPLACEMENTS.—Nothing ‘Johnson Valley Off-Highway Vehicle Recre- ‘‘(B) the Federal Land Policy and Manage- in this title prohibits the upgrading or replace- ation Area’ and dated March 15, 2018. ment Act of 1976 (43 U.S.C. 1701 et seq.); and ment of— ‘‘(c) PURPOSE.—The purpose of the off-high- ‘‘(C) any other applicable laws (including reg- ‘‘(A) Southern California Edison Company en- way vehicle recreation areas designated or ex- ulations). ergy transport facilities, including the energy panded under subsections (a) and (b) is to pre- ‘‘(2) MANAGEMENT PLAN.— transport facilities referred to as the Jellystone, serve and enhance the recreational opportuni- ‘‘(A) IN GENERAL.—As soon as practicable, but Burnt Mountain, Whitehorn, Allegra, and Utah ties within the Conservation Area (including op- not later than 3 years after the date of enact- distribution circuits rights-of-way; or portunities for off-highway vehicle recreation), ment of this title, the Secretary will evaluate ‘‘(B) an energy transport facility in rights-of- while conserving the wildlife and other natural and determine if current land use plans meet the way issued, granted, or permitted by the Sec- resource values of the Conservation Area. intent of this Act. If not, the Secretary shall—

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.010 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5597 ‘‘(i) amend existing resource management ‘‘(iv) may be necessary for energy trans- ‘‘(A) the date of enactment of this title; and plans applicable to the land designated as off- mission; and ‘‘(B) the date of issuance of a new energy highway vehicle recreation areas under sub- ‘‘(D) not recommend or approve expansion of transport facility right-of-way within— section (a); or off-highway vehicle recreation areas within the ‘‘(i) the El Mirage Off-Highway Vehicle ‘‘(ii) develop new activity plans for each off- Conservation Area that collectively would ex- Recreation Area; highway vehicle recreation area designated ceed the total acres administratively designated ‘‘(ii) the Spangler Hills Off-Highway Vehicle under that subsection. for off-highway recreation within the Conserva- Recreation Area; or ‘‘(B) REQUIREMENTS.—All new or amended tion Area as of the day before the date of enact- ‘‘(iii) the Stoddard Valley Off Highway Vehi- plans under subparagraph (A) shall be designed ment of the National Defense Authorization Act cle Recreation Area. to preserve and enhance safe off-highway vehi- for Fiscal Year 2014 (Public Law 113-66; 127 ‘‘(i) PACIFIC GAS AND ELECTRIC COMPANY cle and other recreational opportunities within Stat. 672). UTILITY FACILITIES AND RIGHTS-OF-WAY.— the applicable recreation area consistent with— ‘‘(4) APPLICABLE LAW.—The Secretary shall ‘‘(1) EFFECT OF TITLE.—Nothing in this title— ‘‘(i) the purpose described in subsection (c); consider the information and recommendations ‘‘(A) terminates any validly issued right-of- and of the study completed under paragraph (1) to way for the customary operation, maintenance, ‘‘(ii) any applicable laws (including regula- determine the impacts of expanding off-highway upgrade, repair, relocation within an existing tions). vehicle recreation areas designated by sub- right-of-way, replacement, or other authorized ‘‘(C) INTERIM PLANS.—Pending completion of section (a) on the Conservation Area, in accord- activity (including the use of any mechanized a new activity plan under subparagraph (A), ance with— vehicle, helicopter, and other aerial device) in a the existing resource management plans shall ‘‘(A) the National Environmental Policy Act right-of-way issued, granted, or permitted to govern the use of the applicable off-highway ve- of 1969 (42 U.S.C. 4321 et seq.); Pacific Gas and Electric Company (including hicle recreation area. ‘‘(B) the Endangered Species Act of 1973 (16 any predecessor or successor in interest or as- ‘‘(g) STUDY.— U.S.C. 1531 et seq.); sign) that is located on land included in the ‘‘(1) IN GENERAL.—As soon as practicable, but ‘‘(C) applicable regulations and plans, includ- Spangler Hills Off-Highway Vehicle Recreation not later than 2 years after the date of enact- ing the Desert Renewable Energy Conservation Area; or ment of this title, the Secretary shall complete a Plan Land Use Plan Amendment; and ‘‘(B) prohibits the upgrading or replacement study to identify Bureau of Land Management ‘‘(D) any other applicable law. of any— land within the Conservation Area that is suit- ‘‘(5) SUBMISSION TO CONGRESS.—On comple- ‘‘(i) utility facilities of the Pacific Gas and able for addition to— tion of the study under paragraph (1), the Sec- Electric Company, including those utility facili- ‘‘(A) the off-highway vehicle recreation areas retary shall submit the study to— ties known on the date of enactment of this title designated by subsection (a) and (b); or ‘‘(A) the Committee on Natural Resources of as— ‘‘(B) the Johnson Valley Off-Highway Vehicle the House of Representatives; and ‘‘(I) Gas Transmission Line 311 or rights-of- ‘‘(B) the Committee on Energy and Natural Recreation Area designated by section 2945 of way; and Resources of the Senate. ‘‘(II) Gas Transmission Line 372 or rights-of- the National Defense Authorization Act for Fis- ‘‘(6) AUTHORIZATION FOR EXPANSION.— way; and cal Year 2014 (Public Law 113-66; 127 Stat. 1038). ‘‘(A) IN GENERAL.—On completion of the study ‘‘(ii) utility facilities of the Pacific Gas and ‘‘(2) STUDY AREAS.—The study required under under paragraph (1) and in accordance with all Electric Company in rights-of-way issued, paragraph (1) shall include— applicable laws (including regulations), the Sec- granted, or permitted by the Secretary adjacent ‘‘(A) certain Bureau of Land Management retary shall authorize the expansion of the off- to a utility facility referred to in clause (i). land in the Conservation Area, comprising ap- highway vehicle recreation areas recommended ‘‘(2) PLANS FOR ACCESS.—Not later than 1 year proximately 41,000 acres, as generally depicted under the study. after the date of enactment of this title or the on the map entitled ‘Spangler Hills Proposed ‘‘(B) MANAGEMENT.—Any land within the ex- issuance of a new utility facility right-of-way OHV Recreation Area’ and dated March 9, 2018; panded areas under subparagraph (A) shall be within the Spangler Hills Off-Highway Vehicle ‘‘(B) certain Bureau of Land Management managed in accordance with this section. Recreation Area, whichever is later, the Sec- land in the Conservation Area, comprising ap- ‘‘(h) SOUTHERN CALIFORNIA EDISON COMPANY retary, in consultation with the Pacific Gas and proximately 680 acres, as generally depicted on UTILITY FACILITIES AND RIGHTS-OF-WAY.— Electric Company, shall publish plans for reg- the map entitled ‘El Mirage Proposed OHV ‘‘(1) EFFECT OF TITLE.—Nothing in this title— ular and emergency access by the Pacific Gas Recreation Area’ and dated February 22, 2018; ‘‘(A) terminates any validly issued right-of- and Electric Company to the rights-of-way of and way for the customary operation, maintenance, the Pacific Gas and Electric Company. ‘‘(C) certain Bureau of Land Management upgrade, repair, relocation within an existing ‘‘TITLE XVI—ALABAMA HILLS NATIONAL land in the Conservation Area, comprising ap- right-of-way, replacement, or other authorized SCENIC AREA proximately 10,300 acres, as generally depicted energy transport facility activities (including on the map entitled ‘Johnson Valley Off-High- the use of any mechanized vehicle, helicopter, ‘‘SEC. 1601. DEFINITIONS. way Vehicle Recreation Area’ and dated March and other aerial device) in a right-of-way ‘‘In this title: 15, 2018. issued, granted, or permitted to Southern Cali- ‘‘(1) MANAGEMENT PLAN.—The term ‘manage- ‘‘(3) REQUIREMENTS.—In preparing the study fornia Edison Company (including any prede- ment plan’ means the management plan for the under paragraph (1), the Secretary shall— cessor or successor in interest or assign) that is National Scenic Area developed under section ‘‘(A) seek input from stakeholders, includ- located on land included in— 1603(a). ing— ‘‘(i) the El Mirage Off-Highway Vehicle ‘‘(2) MAP.—The term ‘Map’ means the map ti- ‘‘(i) the State, including— Recreation Area; tled ‘Proposed Alabama Hills National Scenic ‘‘(I) the California Public Utilities Commis- ‘‘(ii) the Spangler Hills Off-Highway Vehicle Area’, dated September 8, 2014. sion; and Recreation Area; or ‘‘(3) MOTORIZED VEHICLES.—The term ‘motor- ‘‘(II) the California Energy Commission; ‘‘(iii) the Stoddard Valley Off Highway Vehi- ized vehicles’ means motorized or mechanized ‘‘(ii) San Bernardino County, California; cle Recreation Area; vehicles and includes, when used by utilities, ‘‘(iii) the public; ‘‘(B) affects the application, siting, route se- mechanized equipment, helicopters, and other ‘‘(iv) recreational user groups; lection, right-of-way acquisition, or construc- aerial devices necessary to maintain electrical or ‘‘(v) conservation organizations; tion of the Coolwater-Lugo transmission project, communications infrastructure. ‘‘(vi) the Southern California Edison Com- as may be approved by the California Public ‘‘(4) NATIONAL SCENIC AREA.—The term ‘Na- pany; Utilities Commission and the Bureau of Land tional Scenic Area’ means the Alabama Hills ‘‘(vii) the Pacific Gas and Electric Company; Management; or National Scenic Area established by section and ‘‘(C) prohibits the upgrading or replacement 1602(a). ‘‘(viii) other Federal agencies, including the of any Southern California Edison Company— ‘‘(5) SECRETARY.—The term ‘Secretary’ means Department of Defense; ‘‘(i) utility facility, including such a utility the Secretary of the Interior. ‘‘(B) explore the feasibility of— facility known on the date of enactment of this ‘‘(6) STATE.—The term ‘State’ means the State ‘‘(i) expanding the southern boundary of the title as— of California. off-highway vehicle recreation area described in ‘‘(I) ‘Gale-PS 512 transmission lines or rights- ‘‘(7) TRIBE.—The term ‘Tribe’ means the Lone subsection (a)(3) to include previously disturbed of-way’; and Pine Paiute-Shoshone. land; and ‘‘(II) ‘Patio, Jack Ranch, and Kenworth dis- ‘‘(8) UTILITY FACILITY.—The term ‘utility fa- ‘‘(ii) establishing a right of way for OHV use tribution circuits or rights-of-way’; and cility’ means any and all existing and future in the area identified in (g)(2), to the extent nec- ‘‘(ii) energy transport facility in a right-of- water system facilities including aqueducts, essary to connect the non-contiguous areas of way issued, granted, or permitted by the Sec- streams, ditches, and canals; water facilities in- the Johnson Valley Off-Highway Vehicle Recre- retary adjacent to a utility facility referred to in cluding, but not limited to, flow measuring sta- ation Area; clause (i). tions, gauges, gates, valves, piping, conduits, ‘‘(C) identify and exclude from consideration ‘‘(2) PLANS FOR ACCESS.—The Secretary, in fencing, and electrical power and communica- any land that— consultation with the Southern California Edi- tions devices and systems; and any and all ex- ‘‘(i) is managed for conservation purposes; son Company, shall publish plans for regular isting and future electric generation facilities, ‘‘(ii) is identified as critical habitat for a listed and emergency access by the Southern Cali- electric storage facilities, overhead and/or un- species; fornia Edison Company to the rights-of-way of derground electrical supply systems and commu- ‘‘(iii) may be suitable for renewable energy de- the Company by the date that is 1 year after the nication systems consisting of electric sub- velopment; or later of— stations, electric lines, poles and towers made of

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various materials, ‘H’ frame structures, guy ‘‘(3) MOTORIZED VEHICLES.—Except as speci- fire operations in the National Scenic Area, con- wires and anchors, crossarms, wires, under- fied within this Act and/or in cases in which sistent with the purposes described in subsection ground conduits, cables, vaults, manholes, motorized vehicles are needed for administrative (b). handholes, above-ground enclosures, markers purposes, or to respond to an emergency, the use ‘‘(n) GRANTS; COOPERATIVE AGREEMENTS.— and concrete pads and other fixtures, appli- of motorized vehicles in the National Scenic The Secretary may make grants to, or enter into ances and communication circuits, and other Area shall be permitted only on— cooperative agreements with, State, tribal, and fixtures, appliances and appurtenances con- ‘‘(A) roads and trails designated by the Direc- local governmental entities and private entities nected therewith necessary or convenient for the tor of the Bureau of Land Management for use to conduct research, interpretation, or public construction, operation, regulation, control, of motorized vehicles as part of a management education or to carry out any other initiative re- grounding and maintenance of electric genera- plan sustaining a semi-primitive motorized expe- lating to the restoration, conservation, or man- tion, storage, lines and communication circuits, rience; or agement of the National Scenic Area. for the purpose of transmitting intelligence and ‘‘(B) on county-maintained roads in accord- ‘‘(o) AIR AND WATER QUALITY.—Nothing in generating, storing, distributing, regulating and ance with applicable State and county laws. this Act modifies any standard governing air or controlling electric energy to be used for light, ‘‘(f) NO BUFFER ZONES.— water quality outside of the boundaries of the heat, power, communication, and other pur- ‘‘(1) IN GENERAL.—Nothing in this Act creates National Scenic Area. a protective perimeter or buffer zone around the poses. ‘‘(p) UTILITY FACILITIES AND RIGHTS OF National Scenic Area. ‘‘SEC. 1602. ALABAMA HILLS NATIONAL SCENIC WAY.— ‘‘(2) ACTIVITIES OUTSIDE NATIONAL SCENIC AREA, CALIFORNIA. ‘‘(1) Nothing in this Act shall— AREA.—The fact that an activity or use on land ‘‘(a) ESTABLISHMENT.—Subject to valid, exist- ‘‘(A) affect the existence, use, operation, ing rights, there is established in Inyo County, outside the National Scenic Area can be seen or heard within the National Scenic Area shall not maintenance (including but not limited to vege- California, the Alabama Hills National Scenic tation control), repair, construction, reconfig- Area. The National Scenic Area shall be com- preclude the activity or use outside the boundaries of the National Scenic Area. uration, expansion, inspection, renewal, recon- prised of the approximately 18,610 acres gen- struction, alteration, addition, relocation, im- erally depicted on the Map as ‘National Scenic ‘‘(g) ACCESS.—The Secretary shall continue to provide private landowners adequate access to provement, funding, removal, or replacement of Area’. utility facilities or appurtenant rights of way ‘‘(b) PURPOSE.—The purpose of the National inholdings in the National Scenic Area. within or adjacent to the National Scenic Area; Scenic Area is to conserve, protect, and enhance ‘‘(h) FILMING.—Nothing in this Act prohibits ‘‘(B) affect necessary or efficient access to for the benefit, use, and enjoyment of present filming (including commercial film production, utility facilities or rights of way within or adja- and future generations the nationally signifi- student filming, and still photography) within cent to the National Scenic Area subject to sub- cant scenic, cultural, geological, educational, the National Scenic Area— section (e); or biological, historical, recreational, cinemato- ‘‘(1) subject to— graphic, and scientific resources of the National ‘‘(A) such reasonable regulations, policies, ‘‘(C) preclude the Secretary from authorizing Scenic Area managed consistent with section and practices as the Secretary considers to be the establishment of new utility facility rights of 302(a) of the Federal Land Policy and Manage- necessary; and way (including instream sites, routes, and ment Act of 1976 (43 U.S.C. 1732(a)). ‘‘(B) applicable law; and areas) within the National Scenic Area in a ‘‘(c) MAP; LEGAL DESCRIPTION.— ‘‘(2) in a manner consistent with the purposes manner that minimizes harm to the purpose of ‘‘(1) IN GENERAL.—As soon as practicable after described in subsection (b). the National Scenic Area as described in sub- the date of enactment of this Act, the Secretary ‘‘(i) FISH AND WILDLIFE.—Nothing in this Act section (b)— shall file a map and a legal description of the affects the jurisdiction or responsibilities of the ‘‘(i) with the National Environmental Policy National Scenic Area with— State with respect to fish and wildlife. Act of 1969 (42 U.S.C. 4321 et seq.) and any other ‘‘(A) the Committee on Energy and Natural ‘‘(j) LIVESTOCK.—The grazing of livestock in applicable law; Resources of the Senate; and the National Scenic Area, including grazing ‘‘(ii) subject to such terms and conditions as ‘‘(B) the Committee on Natural Resources of under the Alabama Hills allotment and the the Secretary determines to be appropriate; and the House of Representatives. George Creek allotment, as established before ‘‘(iii) are determined, by the Secretary, to be ‘‘(2) FORCE OF LAW.—The map and legal de- the date of enactment of this Act, shall be per- the only technical or feasible location, following scriptions filed under paragraph (1) shall have mitted to continue— consideration of alternatives within existing the same force and effect as if included in this ‘‘(1) subject to— rights of way or outside of the National Scenic Act, except that the Secretary may correct any ‘‘(A) such reasonable regulations, policies, Area. and practices as the Secretary considers to be clerical and typographical errors in the map ‘‘(2) MANAGEMENT PLAN.—Consistent with this and legal descriptions. necessary; and Act, the Management Plan shall establish plans ‘‘(3) PUBLIC AVAILABILITY.—Each map and ‘‘(B) applicable law; and for maintenance of public utility and other legal description filed under paragraph (1) shall ‘‘(2) in a manner consistent with the purposes rights of way within the National Scenic Area. be on file and available for public inspection in described in subsection (b). the appropriate offices of the Forest Service and ‘‘(k) OVERFLIGHTS.—Nothing in this Act re- ‘‘SEC. 1603. MANAGEMENT PLAN. Bureau of Land Management. stricts or precludes flights over the National Sce- ‘‘(a) IN GENERAL.—Not later than 3 years ‘‘(d) ADMINISTRATION.—The Secretary shall nic Area or overflights that can be seen or heard after the date of enactment of this Act, in ac- manage the National Scenic Area— within the National Scenic Area, including— cordance with subsection (b), the Secretary shall ‘‘(1) as a component of the National Land- ‘‘(1) transportation, sightseeing and filming develop a comprehensive plan for the long-term scape Conservation System; flights, general aviation planes, helicopters, management of the National Scenic Area. ‘‘(2) so as not to impact the future continuing hang-gliders, and balloonists, for commercial or ‘‘(b) CONSULTATION.—In developing the man- operations and maintenance of any activities recreational purposes; agement plan, the Secretary shall— associated with valid, existing rights, including ‘‘(2) low-level overflights of military aircraft; ‘‘(1) consult with appropriate State, tribal, water rights; ‘‘(3) flight testing and evaluation; and local governmental entities, including Inyo ‘‘(3) in a manner that conserves, protects, and ‘‘(4) the designation or creation of new units County and the Tribe; and enhances the resources and values of the Na- of special use airspace, or the establishment of ‘‘(2) seek input from— tional Scenic Area described in subsection (b); military flight training routes, over the National ‘‘(A) investor-owned utilities, including and Scenic Area; or Southern California Edison Company; ‘‘(5) the use, including take-off and landing, ‘‘(4) in accordance with— ‘‘(B) the Alabama Hills Stewardship Group; ‘‘(A) the Federal Land Policy and Manage- of helicopters and other aerial devices within ‘‘(C) members of the public; and ment Act of 1976 (43 U.S.C. 1701 et seq.); valid rights-of-way to construct or maintain en- ‘‘(B) this Act; and ergy transport facilities. ‘‘(D) the Los Angeles Department of Water ‘‘(C) any other applicable laws. ‘‘(l) WITHDRAWAL.—Subject to this Act’s pro- and Power. ‘‘(e) MANAGEMENT.— visions and valid rights in existence on the date ‘‘(c) REQUIREMENT.—In accordance with this ‘‘(1) IN GENERAL.—The Secretary shall allow of enactment of this Act, including rights estab- title, the management plan shall include provi- only such uses of the National Scenic Area as lished by prior withdrawals, the Federal land sions for maintenance of existing public utility the Secretary determines would support the pur- within the National Scenic Area is withdrawn and other rights-of-way within the National poses of the National Scenic Area as described from all forms of— Scenic Area. in subsection (b). ‘‘(1) entry, appropriation, or disposal under ‘‘(d) INCORPORATION OF MANAGEMENT PLAN.— ‘‘(2) RECREATIONAL ACTIVITIES.—Except as the public land laws; In developing the management plan, in accord- otherwise provided in this Act or other applica- ‘‘(2) location, entry, and patent under the ance with this section, the Secretary shall allow, ble law, or as the Secretary determines to be mining laws; and in perpetuity, casual-use mining limited to the necessary for public health and safety, the Sec- ‘‘(3) disposition under all laws pertaining to use of hand tools, metal detectors, hand-fed dry retary shall allow existing recreational uses of mineral and geothermal leasing or mineral mate- washers, vacuum cleaners, gold pans, small the National Scenic Area to continue, including, rials. sluices, and similar items. but not limited to, hiking, mountain biking, rock ‘‘(m) WILDLAND FIRE OPERATIONS.—Nothing ‘‘(e) INTERIM MANAGEMENT.—Pending comple- climbing, sightseeing, horseback riding, hunt- in this Act prohibits the Secretary, in cooperation of the management plan, the Secretary ing, fishing, and appropriate authorized motor- tion with other Federal, State, and local agen- shall manage the National Scenic Area in ac- ized vehicle use. cies, as appropriate, from conducting wildland cordance with section 1602.

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.010 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5599 ‘‘SEC. 1604. LAND TAKEN INTO TRUST FOR LONE servation Area using amounts from funds such donated land or acquired land in the Conserva- PINE PAIUTE-SHOSHONE RESERVA- as the Land and Water Conservation Fund es- tion Area established in any easements, deed re- TION. tablished under section 200302 of title 54, United strictions, memoranda of understanding, or ‘‘(a) TRUST LAND.—All right, title, and inter- States Code. other agreements in existence on the date of en- est of the United States in and to the approxi- ‘‘(2) CONSERVATION LAND.—The term ‘con- actment of this title. mately 132 acres of Federal land depicted on the servation land’ means any land within the Con- ‘‘(e) DEED RESTRICTIONS.—Effective beginning Map as ‘Lone Pine Paiute-Shoshone Reserva- servation Area that is designated by the Bureau on the date of enactment of this title, within the tion Addition’ shall be held in trust by the of Land Management in the California Desert Conservation Area, the Secretary may— United States for the benefit of the Tribe, sub- Conservation Area Plan, as amended, for con- ‘‘(1) accept deed restrictions requested by ject to the following: servation purposes, as part of a mitigation landowners for land donated to, or otherwise ‘‘(1) CONDITIONS.—The land shall be subject to agreement, or to satisfy the conditions of a Fed- acquired by, the United States; and all easements, covenants, conditions, restric- eral habitat conservation plan, general con- ‘‘(2) consistent with existing rights, create tions, withdrawals, and other matters of record servation plan, or State natural communities deed restrictions, easements, or other third- on the date of the enactment of this Act. conservation plan, including— party rights relating to any public land deter- ‘‘(2) EXCLUSION.—The Federal lands over ‘‘(A) National Conservation Land established mined by the Secretary to be necessary— which the right-of-way for the Los Angeles Aq- pursuant to section 2002(b)(2)(D) of the Omnibus ‘‘(A) to fulfill the mitigation requirements re- ueduct is located, generally described as the 250- Public Land Management Act of 2009 (16 U.S.C. sulting from the development of renewable re- foot-wide right-of-way granted to the City of 7202(b)(2)(D)); and sources; or Los Angeles pursuant to the Act of June 30, 1906 ‘‘(B) Areas of Critical Environmental Concern ‘‘(B) to satisfy the conditions of— (Chap. 3926), shall not be taken into trust for established pursuant to section 202(c)(3) of the ‘‘(i) a habitat conservation plan or general the Tribe. Federal Land Policy and Management Act of conservation plan established pursuant to sec- ‘‘(b) SURVEY.—Not later than 180 days after 1976 (43 U.S.C. 1712(c)(3)). tion 10 of the Endangered Species Act of 1973 (16 the date of enactment of this Act, the Secretary ‘‘(3) DONATED LAND.—The term ‘donated land’ U.S.C. 1539); or shall complete a survey of the boundary lines to means any private land donated to the United ‘‘(ii) a natural communities conservation plan establish the boundaries of the land taken into States for conservation purposes in the Con- approved by the State. trust under subsection (a). servation Area. ‘‘(f) EXISTING RIGHTS OF WAY AND LEASES.— ESERVATION AND ‘‘(c) R L .—The land taken into ‘‘(4) DONOR.—The term ‘donor’ means an indi- Nothing in this section shall terminate or pre- trust pursuant to subsection (a) shall be consid- vidual or entity that donates private land with- clude the renewal or reauthorization of valid ex- ered part of the reservation of the Tribe. in the Conservation Area to the United States. isting rights-of-way or leases on the donated ‘‘(d) GAMING PROHIBITION.—Gaming under ‘‘(5) SECRETARY.—The term ‘Secretary’ means land. the Indian Gaming Regulatory Act (25 U.S.C. the Secretary of the Interior, acting through the ‘‘SEC. 1703. TRIBAL USES AND INTERESTS. 2701 et seq.) shall not be allowed on the land Director of the Bureau of Land Management. ‘‘(a) ACCESS.—The Secretary shall ensure ac- taken into trust pursuant to subsection (a). ‘‘(b) PROHIBITIONS.—Except as provided in cess to areas designated under this Act by mem- ‘‘SEC. 1605. TRANSFER OF ADMINISTRATIVE JU- subsection (c), the Secretary shall not authorize bers of Indian tribes for traditional cultural and RISDICTION. the use of acquired land, conservation land, or religious purposes, consistent with applicable ‘‘Administrative jurisdiction of the approxi- donated land within the Conservation Area for law, including Public Law 95–341 (commonly mately 56 acres of Federal land depicted on the any activities contrary to the conservation pur- known as the ‘American Indian Religious Free- Map as ‘USFS Transfer to BLM’ is hereby poses for which the land was acquired, des- dom Act’) (42 U.S.C. 1996). transferred from the Forest Service under the ignated, or donated, including— ‘‘(b) TEMPORARY CLOSURE.— Secretary of Agriculture to the Bureau of Land ‘‘(1) disposal; ‘‘(1) IN GENERAL.—In accordance with appli- Management under the Secretary. ‘‘(2) rights-of-way; cable law, including Public Law 95–341 (com- ‘‘SEC. 1606. PROTECTION OF SERVICES AND REC- ‘‘(3) leases; monly known as the ‘American Indian Religious REATIONAL OPPORTUNITIES. ‘‘(4) livestock grazing; Freedom Act’) (42 U.S.C. 1996), and subject to ‘‘(a) EFFECT OF TITLE.—Nothing in this title ‘‘(5) infrastructure development, except as paragraph (2), the Secretary, on request of an shall be construed to limit commercial services provided in subsection (c); Indian tribe or Indian religious community, for existing and historic recreation uses as au- ‘‘(6) mineral entry; and shall temporarily close to general public use any thorized by the Bureau of Land Management’s ‘‘(7) off-highway vehicle use, except on— portion of an area designated as a national permit process. ‘‘(A) designated routes; monument, special management area, wild and ‘‘(b) GUIDED RECREATIONAL OPPORTUNITIES.— ‘‘(B) off-highway vehicle areas designated by scenic river, area of critical environmental con- Commercial permits to exercise guided rec- law; and cern, or National Park System unit under this reational opportunities for the public authorized ‘‘(C) administratively designated open areas. Act (referred to in this subsection as a ‘des- as of the date of the enactment of this title may ‘‘(c) EXCEPTIONS.— ignated area’) to protect the privacy of tradi- continue to be authorized. ‘‘(1) AUTHORIZATION BY SECRETARY.—Subject tional cultural and religious activities in the ‘‘TITLE XVII—MISCELLANEOUS to paragraph (2), the Secretary may authorize designated area by members of the Indian tribe ‘‘SEC. 1701. MILITARY ACTIVITIES. limited exceptions to prohibited uses of acquired or Indian religious community. ‘‘Nothing in this Act— land or donated land in the Conservation Area ‘‘(2) LIMITATION.—In closing a portion of a ‘‘(1) restricts or precludes Department of De- if— designated area under paragraph (1), the Sec- fense motorized access by land or air— ‘‘(A) a right-of-way application for a renew- retary shall limit the closure to the smallest ‘‘(A) to respond to an emergency within a wil- able energy development project or associated practicable area for the minimum period nec- derness area designated by this Act; or energy transport facility on acquired land or do- essary for the traditional cultural and religious ‘‘(B) to control access to the emergency site; nated land was submitted to the Bureau of activities. ‘‘(2) prevents nonmechanized military training Land Management on or before December 1, ‘‘(c) CULTURAL RESOURCES MANAGEMENT activities previously conducted on wilderness 2009; or PLAN.— areas designated by this title that are consistent ‘‘(B) after the completion and consideration of ‘‘(1) IN GENERAL.—Not later than 2 years after with— an analysis under the National Environmental the date of enactment of this title, the Secretary ‘‘(A) the Wilderness Act (16 U.S.C. 1131 et Policy Act of 1969 (42 U.S.C. 4321 et seq.), and of the Interior shall develop and implement a seq.); and any appropriate land use plan amendment cultural resources management plan to identify, ‘‘(B) all applicable laws (including regula- under the Federal Land Policy and Manage- protect, and conserve cultural resources of In- tions); ment Act of 1976 (43 U.S.C. 1701 et seq.), the Sec- dian tribes associated with the Xam Kwatchan ‘‘(3) restricts or precludes low-level overflights retary has determined that proposed use is in Trail network extending from Avikwaame (Spirit of military aircraft over the areas designated as the public interest. Mountain, Nevada) to Avikwlal (Pilot Knob, wilderness, national monuments, special man- ‘‘(2) CONDITIONS.— California). agement areas, or recreation areas by this Act, ‘‘(A) IN GENERAL.—If the Secretary grants an ‘‘(2) CONSULTATION.—The Secretary shall con- including military overflights that can be seen exception to the prohibition under paragraph sult on the development and implementation of or heard within the designated areas; (1), the Secretary shall require the permittee to the cultural resources management plan under ‘‘(4) restricts or precludes flight testing and donate private land of comparable value located paragraph (1) with— evaluation in the areas described in paragraph within the Conservation Area to the United ‘‘(A) each of— (3); or States to mitigate the use. ‘‘(i) the Chemehuevi Indian Tribe; ‘‘(5) restricts or precludes the designation or ‘‘(B) APPROVAL.—The private land to be do- ‘‘(ii) the Hualapai Tribal Nation; creation of new units of special use airspace, or nated under subparagraph (A) shall be ap- ‘‘(iii) the Fort Mojave Indian Tribe; the establishment of military flight training proved by the Secretary after— ‘‘(iv) the Colorado River Indian Tribes; routes, over the areas described in paragraph ‘‘(i) consultation, to the maximum extent ‘‘(v) the Quechan Indian Tribe; and (3). practicable, with the donor of the private land ‘‘(vi) the Cocopah Indian Tribe; and ‘‘SEC. 1702. PROHIBITED USES OF ACQUIRED, DO- proposed for nonconservation uses; and ‘‘(B) the State Historic Preservation Offices of NATED, AND CONSERVATION LAND. ‘‘(ii) an opportunity for public comment re- Nevada, Arizona, and California. ‘‘(a) DEFINITIONS.—In this section: garding the donation. ‘‘(3) RESOURCE PROTECTION.—The cultural re- ‘‘(1) ACQUIRED LAND.—The term ‘acquired ‘‘(d) EXISTING AGREEMENTS.—Nothing in this sources management plan developed under land’ means any land acquired within the Con- section affects permitted or prohibited uses of paragraph (1) shall be—

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.010 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5600 CONGRESSIONAL RECORD — HOUSE June 25, 2018 ‘‘(A) based on a completed cultural resources experience with desert tortoise translocation SEC. 4. CALIFORNIA STATE SCHOOL LAND. survey; and techniques, and scientific training of profes- Section 707 of the California Desert Protection ‘‘(B) include procedures for identifying, pro- sional biologists for handling tortoises, to staff Act of 1994 (16 U.S.C. 410aaa–77) is amended— tecting, and preserving petroglyphs, ancient and manage the Center, including through the (1) in subsection (a)— trails, intaglios, sleeping circles, artifacts, and use of public-private partnerships for funding (A) in the first sentence— other resources of cultural, archaeological, or and other purposes, where appropriate; (i) by striking ‘‘Upon request of the California historical significance in accordance with all ‘‘(2) ensure that the Center engages in public State Lands Commission (hereinafter in this section referred to as the ‘Commission’), the Sec- applicable laws and policies, including— outreach and education on tortoise handling; retary shall enter into negotiations for an agree- ‘‘(i) chapter 2003 of title 54, United States and ment’’ and inserting the following: Code; ‘‘(3) consult with the States of California and ‘‘(1) IN GENERAL.—The Secretary shall nego- Nevada to ensure the center is operated consist- ‘‘(ii) Public Law 95–341 (commonly known as tiate in good faith to reach an agreement with ently with applicable State law. the ‘American Indian Religious Freedom Act’) the California State Lands Commission (referred (42 U.S.C. 1996); ‘‘(c) NON-FEDERAL CONTRIBUTIONS.—The Sec- retary may accept and expend contributions of to in this section as the Commission)’’; and ‘‘(iii) the Archaeological Resources Protection (ii) by inserting ‘‘, national monuments, off- non-Federal funds to establish, operate, and Act of 1979 (16 U.S.C. 470aa et seq.); highway vehicle recreation areas,’’ after ‘‘more maintain the Center. ‘‘(iv) the Native American Graves Protection of the wilderness areas’’; and and Repatriation Act (25 U.S.C. 3001 et seq.); ‘‘SEC. 1706. WILDLIFE CORRIDORS. (B) in the second sentence, by striking ‘‘The and ‘‘(a) IN GENERAL.—The Secretary shall— Secretary shall negotiate in good faith to’’ and ‘‘(v) Public Law 103–141 (commonly known as ‘‘(1) assess the impacts of habitat fragmenta- inserting the following: the ‘Religious Freedom Restoration Act of 1993’) tion on wildlife in the Conservation Area; and ‘‘(2) AGREEMENT.—To the maximum extent (42 U.S.C. 2000bb et seq.). ‘‘(2) establish policies and procedures to en- practicable, not later than 10 years after the ‘‘(d) WITHDRAWAL.—Subject to valid existing sure the preservation of wildlife corridors and date of enactment of this title, the Secretary rights, all Federal land within the area adminis- facilitate species migration. shall’’; tratively withdrawn and known as the ‘Indian ‘‘(b) STUDY.— (2) in subsection (b)(1), by inserting ‘‘, na- Pass Withdrawal Area’ is permanently with- ‘‘(1) IN GENERAL.—As soon as practicable, but tional monuments, off-highway vehicle recre- drawn from— not later than 2 years after the date of enact- ation areas,’’ after ‘‘wilderness areas’’; ‘‘(1) all forms of entry, appropriation, or dis- ment of this title, the Secretary shall complete a (3) in subsection (c), by adding at the end the posal under the public land laws; study regarding the impact of habitat frag- following: ‘‘(2) location, entry, and patent under the mentation on wildlife in the Conservation Area. ‘‘(5) SPECIAL DEPOSIT FUND ACCOUNT.— mining laws; and ‘‘(2) COMPONENTS.—The study under para- ‘‘(A) IN GENERAL.—Assembled land exchanges ‘‘(3) right-of-way leasing and disposition graph (1) shall— may be used to carry out this section through under all laws relating to minerals or solar, ‘‘(A) identify the species migrating, or likely the sale of surplus Federal property and subse- wind, or geothermal energy. to migrate, in the Conservation Area; quent acquisitions of State school land. ‘‘(B) examine the impacts and potential im- ‘‘(B) RECEIPTS.—Past and future receipts from ‘‘SEC. 1704. RELEASE OF FEDERAL REVER- the sale of property described in subsection (a), SIONARY LAND INTERESTS. pacts of habitat fragmentation on— ‘‘(i) plants, insects, and animals; and less any costs incurred related to the sale, shall ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) species migration and survival; be deposited in a Special Deposit Fund Account ‘‘(1) 1932 ACT.—The ‘1932 Act’ means the Act ‘‘(C) identify critical wildlife and species mi- established in the Treasury. of June 18, 1932 (47 Stat. 324, chapter 270). gration corridors recommended for preservation; ‘‘(C) USE.—Funds accumulated in the Special ‘‘(2) DISTRICT.—The ‘District’ means the Met- and Deposit Fund Account may be used by the Sec- ropolitan Water District of Southern California. ‘‘(D) include recommendations for ensuring retary, without an appropriation, to acquire ‘‘(b) RELEASE.—Subject to valid existing the biological connectivity of public land man- State school lands or interest in the land con- claims perfected prior to the effective date of the aged by the Secretary and the Secretary of De- sistent with this section.’’; and 1932 Act and the reservation of minerals set fense throughout the Conservation Area. (4) by adding at the end the following: forth in the 1932 Act, the Secretary shall release, ‘‘(3) RIGHTS-OF-WAY.—The Secretary shall ‘‘(e) MEMORANDUM OF AGREEMENT.— convey, or otherwise quitclaim to the District, in consider the information and recommendations ‘‘(1) Any transaction completed pursuant to a form recordable in local county records, and of the study under paragraph (1) to determine this section prior to January 1, 2018: subject to the approval of the District, after con- the individual and cumulative impacts of rights- ‘‘(A) is deemed to be in compliance with the sultation and without monetary consideration, of-way for projects in the Conservation Area, in terms of the October 26, 1995, Memorandum of all right, title, and remaining interest of the accordance with— Agreement between the commission, the general United States in and to the land that was con- ‘‘(A) the National Environmental Policy Act services administration, and the Secretary; and veyed to the District pursuant to the 1932 Act or of 1969 (42 U.S.C. 4321 et seq.); ‘‘(B) meets the requirements of subsection (a) any other law authorizing conveyance subject ‘‘(B) the Endangered Species Act of 1973 (16 of this section. to restrictions or reversionary interests retained U.S.C. 1531 et seq.); and ‘‘(2) Future transactions that satisfy the terms by the United States, on request by the District. ‘‘(C) any other applicable law. of the October 26, 1995, Memorandum of Agree- ‘‘(c) TERMS AND CONDITIONS.—A conveyance ‘‘(c) LAND MANAGEMENT PLANS.—The Sec- ment shall be considered to be in compliance authorized by subsection (b) shall be subject to retary shall incorporate into all land manage- with subsection (a) of this section.’’. the following terms and conditions: ment plans applicable to the Conservation Area SEC. 5. DESIGNATION OF WILD AND SCENIC RIV- ‘‘(1) The District shall cover, or reimburse the the findings and recommendations of the study ERS. Secretary for, the costs incurred by the Sec- completed under subsection (b).’’. Section 3(a) of the Wild and Scenic Rivers Act retary to make the conveyance, including title (16 U.S.C. 1274(a)) is amended— SEC. 3. VISITOR CENTER. (1) in paragraph (196), by striking subpara- searches, surveys, deed preparation, attorneys’ Title IV of the California Desert Protection fees, and similar expenses. graph (A) and inserting the following: Act of 1994 (16 U.S.C. 410aaa–21 et seq.) is ‘‘(A)(i) The approximately 1.4-mile segment of ‘‘(2) By accepting the conveyances, the Dis- amended by adding at the end the following: the Amargosa River in the State of California, trict agrees to indemnify and hold harmless the ‘‘SEC. 408. VISITOR CENTER. from the private property boundary in sec. 19, United States with regard to any boundary dis- ‘‘(a) IN GENERAL.—The Secretary may acquire T. 22 N., R. 7 E., to 100 feet downstream of pute relating to any parcel conveyed under this not more than 5 acres of land and interests in Highway 178, to be administered by the Sec- section. land, and improvements on the land and inter- retary of the Interior as a scenic river as an ad- ‘‘SEC. 1705. DESERT TORTOISE CONSERVATION ests, outside the boundaries of Joshua Tree Na- dition to the wild and scenic river segments of CENTER. tional Park, in the unincorporated village of the Amargosa River on publication by the Sec- ‘‘(a) ESTABLISHMENT.—The Secretary of the Joshua Tree, for the purpose of operating a vis- retary of a notice in the Federal Register that Interior (referred to in this section as the ‘Sec- itor center. sufficient inholdings within the boundaries of retary’) shall establish, operate, and maintain a ‘‘(b) BOUNDARY.—The Secretary shall modify the segments have been acquired as scenic ease- bi-State center, to be known as the ‘Desert Tor- the boundary of the park to include the land ac- ments or in fee title to establish a manageable toise Conservation Center’ (referred to in this quired under this section as a noncontiguous addition to those segments. section as the ‘Center’), on public land along parcel. ‘‘(ii) The approximately 6.1-mile segment of the border between the States of California and ‘‘(c) ADMINISTRATION.—Land and facilities ac- the Amargosa River in the State of California, Nevada— quired under this section— from 100 feet downstream of the State Highway ‘‘(1) to support desert tortoise research, dis- ‘‘(1) may include the property owned (as of 178 crossing to 100 feet upstream of the Tecopa ease monitoring, handling training, rehabilita- the date of enactment of this section) by the Hot Springs Road crossing, to be administered tion, and reintroduction; and Joshua Tree National Park Association and by the Secretary of the Interior as a scenic ‘‘(2) to ensure the full recovery and ongoing commonly referred to as the ‘Joshua Tree Na- river.’’; and survival of the desert tortoise species. tional Park Visitor Center’; (2) by adding at the end the following: ‘‘(b) REQUIREMENTS.—In carrying out sub- ‘‘(2) shall be administered by the Secretary as ‘‘(213) SURPRISE CANYON CREEK, CALIFORNIA.— section (a), the Secretary shall— part of the park; and ‘‘(A) IN GENERAL.—The following segments of ‘‘(1) seek the participation of or contract with ‘‘(3) may be acquired only with the consent of Surprise Canyon Creek in the State of Cali- qualified nongovernmental organizations with the owner, by donation, purchase with donated fornia, to be administered by the Secretary of expertise in desert tortoise disease research and or appropriated funds, or exchange.’’. the Interior:

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.010 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5601 ‘‘(i) The approximately 5.3 miles of Surprise Wilderness boundary to .25 miles upstream of special management areas, potential wilderness Canyon Creek from the confluence of French- the southern boundary of section 35, T. 2 S., R. areas,’’ before ‘‘and wilderness areas’’. man’s Canyon and Water Canyon to 100 feet 3 E., San Bernardino Meridian, as a rec- (2) OVERFLIGHTS; SPECIAL AIRSPACE.—Section upstream of Chris Wicht Camp, as a wild river. reational river.’’. 802 of the California Military Lands With- ‘‘(ii) The approximately 1.8 miles of Surprise SEC. 6. CONFORMING AMENDMENTS. drawal and Overflights Act of 1994 (16 U.S.C. Canyon Creek from 100 feet upstream of Chris (a) SHORT TITLE.—Section 1 of the California 410aaa–82) is amended— Wicht Camp to the southern boundary of sec. Desert Protection Act of 1994 (16 U.S.C. 410aaa (A) in subsection (a), by inserting ‘‘or special 14, T. 21 S., R. 44 E., Mount Diablo Meridian, note; Public Law 103–433) is amended by strik- management areas’’ before ‘‘designated by this as a recreational river. ing ‘‘1 and 2, and titles I through IX’’ and in- Act’’; ‘‘(B) EFFECT ON HISTORIC MINING STRUC- serting ‘‘1, 2, and 3, titles I through IX, and ti- (B) in subsection (b), by inserting ‘‘or special TURES.—Nothing in this paragraph affects the tles XIII through XVII’’. management areas’’ before ‘‘designated by this historic mining structures associated with the (b) DEFINITIONS.—The California Desert Pro- Act’’; and former Panamint Mining District. tection Act of 1994 (Public Law 103–433; 108 Stat. (C) by adding at the end the following: EEP CREEK, CALIFORNIA.— ‘‘(214) D 4481) is amended by inserting after section 2 the ‘‘(d) DEPARTMENT OF DEFENSE FACILITIES.— ‘‘(A) IN GENERAL.—The following segments of following: Nothing in this Act alters any authority of the Deep Creek in the State of California, to be ad- Secretary of Defense to conduct military oper- ‘‘SEC. 3. DEFINITIONS. ministered by the Secretary of Agriculture: ations at installations and ranges within the ‘‘In titles XIII through XVII: ‘‘(i) The approximately 6.5-mile segment from California Desert Conservation Area that are 0.125 mile downstream of the Rainbow Dam site ‘‘(1) CONSERVATION AREA.—The term ‘Con- servation Area’ means the California Desert authorized under any other provision of law.’’. in sec. 33, T. 2 N., R. 2 W., San Bernardino Me- (f) CLARIFICATION REGARDING FUNDING.—No Conservation Area. ridian to 0.25 miles upstream of the Road 3N34 additional funds are authorized to carry out the ‘‘(2) SECRETARY.—The term ‘Secretary’ crossing, as a wild river. requirements of this Act and the amendments ‘‘(ii) The 0.5-mile segment from 0.25 mile up- means— ‘‘(A) with respect to land under the jurisdic- made by this Act. Such requirements shall be stream of the Road 3N34 crossing to 0.25 mile carried out using amounts otherwise authorized. downstream of the Road 3N34 crossing, as a sce- tion of the Secretary of the Interior, the Sec- nic river. retary of the Interior; and The SPEAKER pro tempore. Pursu- ‘‘(iii) The 2.5-mile segment from 0.25 miles ‘‘(B) with respect to land under the jurisdic- ant to the rule, the gentleman from downstream of the Road 3 N. 34 crossing to 0.25 tion of the Secretary of Agriculture, the Sec- Utah (Mr. BISHOP) and the gentleman miles upstream of the Trail 2W01 crossing, as a retary of Agriculture. from Maryland (Mr. BROWN) each will wild river. ‘‘(3) STATE.—The term ‘State’ means the State control 20 minutes. ‘‘(iv) The 0.5-mile segment from 0.25 miles up- of California.’’. stream of the Trail 2W01 crossing to 0.25 mile (c) ADMINISTRATION OF WILDERNESS AREAS.— The Chair recognizes the gentleman downstream of the Trail 2W01 crossing, as a sce- Section 103 of the California Desert Protection from Utah. nic river. Act of 1994 (Public Law 103–433; 108 Stat. 4481) GENERAL LEAVE ‘‘(v) The 10-mile segment from 0.25 miles is amended— Mr. BISHOP of Utah. Mr. Speaker, I downstream of the Trail 2W01 crossing to the (1) by striking subsection (d) and inserting the ask unanimous consent that all Mem- upper limit of the Mojave dam flood zone in sec. following: bers have 5 legislative days to revise 17, T. 3 N., R. 3 W., San Bernardino Meridian, ‘‘(d) NO BUFFER ZONES.— as a wild river. ‘‘(1) IN GENERAL.—Congress does not intend and extend their remarks and include ‘‘(vi) The 11-mile segment of Holcomb Creek for the designation of wilderness areas by this extraneous materials on the bill under from 100 yards downstream of the Road 3N12 Act— consideration. crossing to .25 miles downstream of Holcomb ‘‘(A) to require the additional regulation of The SPEAKER pro tempore. Is there Crossing, as a recreational river. land adjacent to the wilderness areas; or objection to the request of the gen- ‘‘(vii) The 3.5-mile segment of the Holcomb ‘‘(B) to lead to the creation of protective pe- tleman from Utah? Creek from 0.25 miles downstream of Holcomb rimeters or buffer zones around the wilderness There was no objection. Crossing to the Deep Creek confluence, as a wild areas. Mr. BISHOP of Utah. Mr. Speaker, I river. ‘‘(2) NONWILDERNESS ACTIVITIES.—Any non- ‘‘(B) EFFECT ON SKI OPERATIONS.—Nothing in wilderness activities (including renewable en- yield such time as he may consume to this paragraph affects— ergy projects, energy transmission or tele- the gentleman from California (Mr. ‘‘(i) the operations of the Snow Valley Ski Re- communications projects, mining, and military COOK), whose bill we are discussing, sort; or activities) in areas immediately adjacent to the and who actually came up with the ‘‘(ii) the State regulation of water rights and boundary of a wilderness area designated by process of involving his community to water quality associated with the operation of this Act shall not be restricted or precluded by the Snow Valley Ski Resort. do this kind of transfer the right way. this Act, regardless of any actual or perceived Mr. COOK. Mr. Speaker, I thank ‘‘(215) WHITEWATER RIVER, CALIFORNIA.—The negative impacts of the nonwilderness activities following segments of the Whitewater River in on the wilderness area, including any potential Chairman BISHOP for yielding me the the State of California, to be administered by indirect impacts of nonwilderness activities con- time. the Secretary of Agriculture and the Secretary ducted outside the designated wilderness area I would like to take a few minutes to of the Interior, acting jointly: on the viewshed, ambient noise level, or air talk about my bill, H.R. 857, the Cali- ‘‘(A) The 5.8-mile segment of the North Fork quality of wilderness area.’’; fornia Off-Road Recreational and Con- Whitewater River from the source of the River (2) in subsection (f), by striking ‘‘designated near Mt. San Gorgonio to the confluence with servation Act. The California desert by this title and’’ and inserting ‘‘, potential wil- has long been a land of many uses. The the Middle Fork, as a wild river. derness areas, special management areas, and ‘‘(B) The 6.4-mile segment of the Middle Fork local economies depend on a combina- national monuments designated by this title or Whitewater River from the source of the River to titles XIII through XVII’’; and tion of revenue from recreational off- the confluence with the South Fork, as a wild (3) in subsection (g), by inserting ‘‘, a poten- highway vehicle use, known as OHV, river. tial wilderness area, a special management mining, and tourism to our stunning ‘‘(C) The 1-mile segment of the South Fork areas, or national monument’’ before ‘‘by this desert parks and wilderness areas. Whitewater River from the confluence of the Act’’. River with the East Fork to the section line be- Balancing these economic drivers is (d) JUNIPER FLATS.—Title VII of the Cali- tween sections 32 and 33, T. 1 S., R. 2 E., San key to aligning Federal land use poli- fornia Desert Protection Act of 1994 (Public Law Bernardino Meridian, as a wild river. cies. This bill is the product of years of ‘‘(D) The 1-mile segment of the South Fork 103–433; 108 Stat. 4497) is amended by adding at outreach to local governments, Tribes, the end the following new section: Whitewater River from the section line between off-highway vehicle users, conservation sections 32 and 33, T. 1 S., R. 2 E., San ‘‘SEC. 712. JUNIPER FLATS. groups, chambers of commerce, miners, Bernardino Meridian, to the section line be- ‘‘Development of renewable energy generation facilities (excluding rights-of-way or facilities and other stakeholders. tween sections 33 and 34, T. 1 S., R. 2 E., San H.R. 857 will establish five off-high- Bernardino Meridian, as a recreational river. for the transmission of energy and telecommuni- ‘‘(E) The 4.9-mile segment of the South Fork cation facilities and infrastructure) is prohibited way vehicle recreational areas in the Whitewater River from the section line between on the approximately 28,000 acres of Federal California desert, as well as expand an sections 33 and 34, T. 1 S., R. 2 E., San land generally depicted as ‘BLM Land Unavail- existing OHV area. Three of these OHV Bernardino Meridian, to the confluence with able for Energy Development’ on the map enti- areas would also include expansion the Middle Fork, as a wild river. tled ‘Juniper Flats’ and dated April 26, 2018.’’. study areas. In total, these 6 OHV areas ‘‘(F) The 5.4-mile segment of the main stem of (e) CALIFORNIA MILITARY LANDS WITHDRAWAL cover 300,000 acres. the Whitewater River from the confluence of the AND OVERFLIGHTS ACT OF 1994.— This bill creates additional protec- South and Middle Forks to the San Gorgonio (1) FINDINGS.—Section 801(b)(2) of the Cali- Wilderness boundary, as a wild river. fornia Military Lands Withdrawal and Over- tions for OHV users and ensures that ‘‘(G) The 3.6-mile segment of the main stem of flights Act of 1994 (16 U.S.C. 410aaa–82 note; these areas cannot be closed adminis- the Whitewater River from the San Gorgonio Public Law 103–433) is amended by inserting ‘‘, tratively. Creating the Nation’s first

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.010 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5602 CONGRESSIONAL RECORD — HOUSE June 25, 2018 system of off-highway vehicle recre- b 1615 have remained in the wake of the Obama designations. The bill creates the first system of ation areas will ensure that OHV activ- This bill closely mirrors its Senate ity is conducted in appropriate loca- Off-Highway Vehicle (OHV) recreation in the companion introduced by Senator nation by setting aside nearly 150,000 acres tions, protecting other parts of the FEINSTEIN that is moving its way across six areas to enhance and protect OHV desert. through the legislative process in the activity. The bill also releases approxi- The California Desert Protection Act Senate. Hopefully, that means we can mately 121,000 acres of Wilderness Study of 1994 left the Mojave Desert with hun- deliver a version of this bill to the Areas, allowing for broader management of dreds of thousands of acres of wilder- President’s desk to provide a lasting such lands. Additionally, as part of a com- ness study areas. In a decade since conservation solution for a substantial promise between OHV and environmental then, these areas have been reviewed groups, H.R. 857 designates approximately portion of the California desert. 330,000 acres of new wilderness, creates a new extensively for their suitability as wil- Mr. Speaker, I urge adoption of this National Scenic Area, and establishes 77 derness areas. bill, and I reserve the balance of my miles of new Wild and Scenic Rivers. Much My bill would designate some of time. of the wilderness designated under the bill is these areas as wilderness, primarily Mr. BISHOP of Utah. Mr. Speaker, I contained within a National Park or a Wil- within these wilderness study areas yield myself such time as I may con- derness Study Area. and Death Valley National Park, while sume. The following groups support this legislation: Advocates for Access to Public Lands; releasing other areas from the wilder- Mr. Speaker, I insert into the RECORD Alabama Hills Stewardship Group; American ness study that were found to be un- background material for this par- Motorcyclist Association; American Sand suitable for wilderness designation. ticular bill. Association; Americans for Responsible Rec- Additionally, my bill would designate BACKGROUND AND NEED FOR H.R. 857, THE reational Access; The City of Bishop, CA; approximately 18,000 acres of existing CALIFORNIA OFF-ROAD RECREATION AND Bishop Area Chamber of Commerce and Visi- Federal land as the Alabama Hills Na- CONSERVATION ACT tors Bureau; Blue Ribbon Coalition, Inc.; tional Scenic Area. This would restrict President Clinton signed into law the Cali- California Wilderness Coalition; Eastern Si- fornia Desert Protection Act of 1994 (Public erra 4X4 Club; Friends of the Inyo; Inyo large-scale projects, such as renewable County Board of Supervisors; Inyo County energy generation, while preserving all Law 103–433), which established the Mojave National Preserve, the Death Valley Na- Superintendent of Schools; Lone Pine Cham- existing recreational and commercial tional Park and Joshua Tree National Park. ber of Commerce; Lone Pine Paiute-Sho- use of Alabama Hills. Activities such It also created over 7 million acres of wilder- shone Reservation; Motorcycle Industry as filming, hiking, mountain biking, ness in the California desert, which stretches Council; National Off-Highway Vehicle Con- rock climbing, hunting, fishing, and across millions of acres of the southeastern servation Council; Pew Charitable Trusts; authorized motorized vehicle use would corner of the State. Since then, there have Recreational Off-Highway Vehicle Associa- be unaffected. Additionally, rec- been numerous legislative efforts to apply tion; San Bernardino County; Specialty Equipment Market Association; Specialty reational mineral prospecting, i.e., additional federal land protections in this area, including the designation of additional Vehicle Institute of America. rockhounding, would continue. SELECTED SECTION-BY-SECTION ANALYSIS AS This portion of H.R. 857 passed the wilderness, national monuments, and expansion of existing National Parks. In the 114th REPORTED House as a stand-alone bill in the last Congress, Senator Dianne Feinstein (D–CA) Sec. 2. California Off-Road Recreation and Congress with unanimous support be- introduced S. 414, the California Desert Con- Conservation. fore stalling in the Senate. servation and Recreation Act of 2015, a bill Designates approximately 330,000 acres of The California Off-Road Recreation that amends and updates the California wilderness in the California desert, 88,000 Conservation Act has the support of Desert Protection Act of 1994 and reflects acres of which is primarily within Joshua San Bernardino County and Inyo Coun- similar bills introduced in previous Con- Tree National Park and 180,000 acres of gresses. S. 414 would have created two new which is currently a Wilderness Study Area. ty; the Metropolitan Water District of This section also releases approximately Southern California; local cities; vir- national monuments, designated approximately 349,000 acres as wilderness, and ex- 121,000 acres of Wilderness Study Areas back tually every major off-road vehicle panded Death Valley National Park, Joshua into multiple use, and ensures that ‘‘cherry- group; environmental groups, such as Tree National Park and the Mojave National stemmed’’ roads within wilderness remain the California Wilderness Coalition, Preserve. open to motorized access. and the Pew Charitable Trusts; local Rather than pursue the legislative process, Adds approximately 40,000 acres to the Na- chambers of commerce; and Lone Pine Senator Feinstein asked the Obama Admin- tional Park System. Approximately 35,000 acres of land would be added to Death Valley Paiute-Shoshone Reservation. istration in August 2015 to use its authority under the Antiquities Act of 1906 (54 U.S.C. National Park, 25 acres would be added to There is no known opposition to this Mojave National Preserve, and approxi- bill. H.R. 857 is the product of years of 320301 et seq.) to unilaterally designate three national monuments in the California mately 4,500 acres would be added to Joshua grassroots work and represents a con- desert—the Mojave Trails National Monu- Tree National Park. Designates six existing administrative off- sensus on how to manage our public ment, Sand to Snow National Monument, highway vehicle areas as ‘‘National Off-High- lands in the California desert. and Castle Mountains National Monument— way Vehicle Recreation Areas,’’ creating the Mr. Speaker, I strongly encourage without Congressional approval. The fol- first system of national OHV Recreation lowing October, Senator Feinstein, the De- my colleagues to support its passage. Areas in the nation. These include Dumont partment of the Interior, and Department of Mr. BROWN of Maryland. Mr. Speak- Dunes, El Mirage, Rasor, Spangler Hills, Agriculture hosted one public meeting on er, I yield myself such time as I may Stoddard Valley, and Johnson Valley (a total the prospect of designating these areas as consume. of more than 150,000 acres dedicated to OHV Mr. Speaker, H.R. 857, introduced by national monuments, as well as other man- recreation), and designates an additional agement priorities for the California desert Representative COOK from California, 51,980 acres of previously disturbed land for area. study and potential inclusion into the Sys- is a comprehensive package of land In response to concerns raised regarding tem. designations designed to increase con- this monument strategy, Congressman Paul Designates 18,610 acres of Bureau of Land servation efforts and recreation access Cook worked with local communities and Management (BLM) land as the ‘‘Alabama throughout the California desert. stakeholders to craft alternative legislation Hills National Scenic Area’’ and includes the The bill adds approximately 329,370 which attempted to balance the environ- area in the National Landscape Conservation acres to the National Wilderness Pres- mental protection of the desert’s landscapes System. with recreational and other multiple-use ac- Takes 132 acres of federal land into trust ervation System, expands three units tivities that have occurred in the region for of the National Park System, creates for the Lone Pine Paiute-Shoshone Tribe and decades. The result was H.R. 3668, the Cali- prohibits gaming on the land. new areas set aside for off-highway fornia Minerals, Off-Road Recreation, and Ensures access to areas designated under recreation, and establishes the Ala- Conservation Act. It was the subject of a the Act by tribes for traditional cultural and bama Hills National Scenic Area. Federal Lands Subcommittee hearing on De- religious purposes, including the ability of a Representative COOK’s bill builds cember 9, 2015, but no further legislative ac- tribe to request the Secretary of the Interior upon the success of the California tion was taken in the 114th Congress. On to temporarily close any designated area to Desert Protection Act and the recent February 12, 2016, President Obama des- protect the privacy of traditional cultural monument designations by President ignated three new national monuments en- and religious activities by members of a compassing nearly 1.75 million acres in the tribe or Indian religious community. Obama to provide lasting protections Southern California desert. Requires the development and implemen- and ensure ongoing recreational access H.R. 857 seeks to balance many of the envi- tation of a tribal cultural resources manage- throughout the region. ronmental and recreationalist concerns that ment plan to identify, protect, and conserve

VerDate Sep 11 2014 03:37 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.028 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5603 cultural resources of Indian tribes associated Mr. BISHOP of Utah. Mr. Speaker, I recorded meander lines described in that sub- with the Xam Kwatchan Trail network. urge my colleagues to adopt this bill. I section; and Establishes a California-Nevada Desert have no more speakers, and I yield (B) any omitted land. Tortoise Relocation Center with the aid of (2) FILING.—The Secretary shall record the private partners and directs the Secretary of back the balance of my time. disclaimer of interest prepared under paragraph the Interior to study wildlife corridors and The SPEAKER pro tempore. The (1) in the appropriate local office in the State of species migration in the California desert. question is on the motion offered by Louisiana in which real property documents are Sec. 3. Visitor Center. the gentleman from Utah (Mr. BISHOP) recorded. Authorizes the National Park Service to that the House suspend the rules and (3) INCLUSIONS.—The disclaimer of interest acquire up to five acres of land for a Joshua pass the bill, H.R. 857, as amended. filed under paragraph (2) shall include legal de- Tree National Park Visitor Center. The question was taken; and (two- scriptions of the land subject to the disclaimer of Sec. 4. California State School Land. interest using the lot or tract numbers included Allows BLM revenue from surplus land ex- thirds being in the affirmative) the in the Resurvey. rules were suspended and the bill, as change and disposal to fund the purchase of The SPEAKER pro tempore. Pursu- California State school trust land. amended, was passed. ant to the rule, the gentleman from Sec. 5. Designation of Wild and Scenic Riv- A motion to reconsider was laid on Utah (Mr. BISHOP) and the gentleman ers. the table. Designates 77 miles of new wild, scenic, from Maryland (Mr. BROWN) each will f and recreational rivers under the Wild and control 20 minutes. Scenic Rivers Act (16 U.S.C. 1271 et seq.). The LAKE BISTINEAU LAND TITLE The Chair recognizes the gentleman designations affect the Amargosa River, Sur- STABILITY ACT from Utah. prise Canyon Creek, Deep Creek, and the GENERAL LEAVE Mr. BISHOP of Utah. Mr. Speaker, I Whitewater River. Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass the Sec. 6. Conforming Amendments. ask unanimous consent that all Mem- Makes conforming amendments and pre- bill (H.R. 3392) to provide for stability bers may have 5 legislative days to re- vents the creation of buffer zones around of title to certain land in the State of vise and extend their remarks and in- new wilderness areas. Louisiana, and for other purposes, as clude extraneous materials on the bill Mr. BISHOP of Utah. Mr. Speaker, amended. under consideration. let me just say very quickly here that The Clerk read the title of the bill. The SPEAKER pro tempore. Is there what Representative COOK has done is The text of the bill is as follows: objection to the request of the gen- taking an important issue and doing it H.R. 3392 tleman from Utah? the right way, by collaboration and Be it enacted by the Senate and House of Rep- There was no objection. outreach with local people who live in resentatives of the United States of America in Mr. BISHOP of Utah. Mr. Speaker, I those areas on what they want to do Congress assembled, yield such time as he may consume to with the public land. SECTION 1. SHORT TITLE. the gentleman from Louisiana (Mr. Public land does not necessarily only This Act may be cited as the ‘‘Lake Bistineau JOHNSON), who is the sponsor of this mean Federal land. Public land can Land Title Stability Act’’. piece of legislation. also be State, it can be county, and it SEC. 2. PURPOSE. Mr. JOHNSON of Louisiana. Mr. can be all sorts of entities’ land, but The purpose of this Act is to direct the Sec- Speaker, I do want to take a moment the value of that land, whether it is retary of the Interior to issue a recordable dis- to thank Chairman BISHOP and his Federal or State or county or munici- claimer of interest of the United States in and team for their continued support of the to— pality, is does it help the people of that (1) any land described in paragraphs (1) and Lake Bistineau Land Title Stability particular area. (2) of subsection (a) of section 4 that is located Act. This bill rights a decades-old What Mr. COOK has done in this par- outside the record meander lines of the Original wrong when the Federal Government ticular piece of legislation is talk to Survey described in that subsection; and failed to notify landowners of a resur- them and find a way in which the land (2) any omitted land. vey of over 200 acres around Lake can actually be used to help people. So, SEC. 3. DEFINITIONS. Bistineau, located in northwest Lou- yes, he released some wilderness study In this Act: isiana. When the Federal Government areas that were designated as unsuit- (1) OMITTED LAND.—The term ‘‘omitted land’’ did that, it preempted the rights of able for a wilderness designation but means any land in S30–T16N–R10W, including landowners who had legal ownership of then created three times that number adjacent islands and the meander lines of the water body, that was in place during the Origi- the land. of acreage in new wilderness designa- nal Survey, but that was not included in the It is unfathomable for many of us tions as well as new wild and scenic Original Survey, regardless of whether the ex- here today to imagine a morning where river designations. clusion of the land was due to gross error in the we wake up and we are told that the Most importantly, because land is Original Survey or fraud by any individual con- land our families owned for generations needed for recreational purposes, he ducting the Original Survey. is no longer ours, to learn that the puts protections for people who are (2) ORIGINAL SURVEY.—The term ‘‘Original Federal Government has somehow using this land—OHV users, espe- Survey’’ means the survey of land in northern staked claim to our very homes, the cially—that ensure these areas will not Louisiana approved by the Surveyor General on place where we were raised, the place December 8, 1842. be closed administratively and that where we are now raising our own fam- (3) RESURVEY.—The term ‘‘Resurvey’’ means that kind of recreation opportunity the document entitled ‘‘Dependent Re-Survey, ilies, and the land we had worked for will not be taken away on a whim. Extension Survey and Survey of Two Islands, decades, all of it just gone without so So what he has done is worked very Sections 17, 29, and 30’’, which was completed much as an opportunity to contest it. hard with local people to find local on November 24, 1967, approved on January 15, That is what happened here. The gov- people’s needs and desires for their 1969, and published in the Federal Register on ernment’s failure to properly notify local land and provided them an oppor- February 27, 1969 (34 Fed. Reg. 2677). landowners of the new boundaries and tunity that will provide not only eco- (4) SECRETARY.—The term ‘‘Secretary’’ means its claim to the land for nearly 50 years nomic benefits for a few, but also rec- the Secretary of the Interior. is shameful. This error led to unneces- SEC. 4. MEANDER LINES; RECORDABLE DIS- reational benefits for many, as well as CLAIMER OF INTEREST. sary uncertainty regarding who right- creating new wilderness designations (a) MEANDER LINES.—The meander lines in fully owns the land. We genuinely be- at the same time and wild and scenic the Original Survey are definitive for purposes lieve the answer is very clear: the prop- designations at the same time. of determining title to— erty rightfully belongs to the This is a win-win for everyone in- (1) the land in S30–T16N–R10W; and Louisianans who have owned the lands volved. I commend him for his hard (2) the 2 islands adjacent to the land described since the days the State of Louisiana work in actually coming up with this in paragraph (1). first entered the Union. particular process. This is the way land (b) RECORDABLE DISCLAIMER OF INTEREST.— My bill provides certainty and clar- (1) IN GENERAL.—The Secretary shall prepare ity by directing the Secretary of the designation should be used. a recordable disclaimer of interest in which the Mr. Speaker, I reserve the balance of United States conveys and disclaims any right, Interior to issue a disclaimer of inter- my time. title, or interest of the United States in and to— est on the disputed acres and rightfully Mr. BROWN of Maryland. Mr. Speak- (A) any land described in paragraphs (1) and restore land title ownership to the fam- er, I yield back the balance of my time. (2) of subsection (a) that is located outside the ilies that have lived and worked these

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.012 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5604 CONGRESSIONAL RECORD — HOUSE June 25, 2018 lands since the State’s admittance to have been an issue in the very first (6) to enhance a cooperative management the Union. place. This harms the status quo and framework to assist Federal, State, local, I hope my colleagues on both sides of harms people. and Tribal governments, the private sector, the aisle will support this bill and sup- That is not our position, and that is and citizens residing in the Heritage Area in not what we should be doing. So I ap- conserving, supporting, managing, and en- port the folks in my district who have hancing natural and recreational sites in the simply had their land taken from them preciate the minority working with us Heritage Area; without due process. on this particular bill very well be- (7) to recognize and interpret the relation- Mr. Speaker, I urge passage of the cause it is an extremely important one ship between land and people, representing bill. to try and finally solve this particular broad American ideals demonstrated through Mr. BROWN of Maryland. Mr. Speak- issue so we don’t come back again. the integrity of existing resources within the er, I yield myself such time as I may Mr. Speaker, I urge my colleagues to Heritage Area; and consume. support this, and I reserve the balance (8) to support working relationships be- Mr. Speaker, H.R. 3392 requires the of my time. tween public land managers and the commu- Mr. BROWN of Maryland. Mr. Speak- nity by creating relevant links between the Bureau of Land Management to dis- National Park Service, the Forest Service, claim interest in 230 acres of land in er, I yield back the balance of my time. other relevant Federal agencies, Tribal gov- northern Louisiana. The land at issue Mr. BISHOP of Utah. Again, Mr. ernments, State and local governments and was originally surveyed in 1842, trans- Speaker, I thank Mr. JOHNSON for this agencies, and community stakeholders with- ferred to the Bossier Levee District in particular bill that is solving a prob- in and surrounding the Heritage Area in 1892, and conveyed to private owners in lem that should never have been there order to protect, enhance, and interpret cul- 1904. in his particular district, for his efforts tural and natural resources within the Herit- However, BLM conducted a resurvey on it. age Area. in 1967 after realizing that certain Mr. Speaker, I urge my colleagues to SEC. 3. DEFINITIONS. lands were omitted from previous Fed- adopt this bill, and I yield back the In this Act: eral surveys. The resurvey puts more balance of my time. (1) HERITAGE AREA.—The term ‘‘Heritage than 200 acres of land previously The SPEAKER pro tempore. The Area’’ means the Mountains to Sound Green- question is on the motion offered by way National Heritage Area established in thought to belong to Louisiana and pri- this Act. the gentleman from Utah (Mr. BISHOP) vate interests back into Federal owner- (2) LOCAL COORDINATING ENTITY.—The term ship. that the House suspend the rules and ‘‘local coordinating entity’’ means the entity Until recently, the results of this re- pass the bill, H.R. 3392, as amended. selected by the Secretary under section 4(d). survey were largely ignored or forgot- The question was taken; and (two- (3) MANAGEMENT PLAN.—The term ‘‘man- ten, and now there are several home- thirds being in the affirmative) the agement plan’’ means the management plan owners with clouded titles and some rules were suspended and the bill, as for the Heritage Area required under section confusion regarding the ownership of amended, was passed. 5. (4) MAP.—The term ‘‘Map’’ means the map mineral rights in the area. A motion to reconsider was laid on the table. entitled ‘‘Mountains to Sound Greenway Na- BLM is currently working to evalu- tional Heritage Area Proposed Boundary’’, ate ownership and authorized convey- f numbered 584/125,484, and dated August 2014. ance where appropriate under the MOUNTAINS TO SOUND GREENWAY (5) SECRETARY.—The term ‘‘Secretary’’ Color-of-Title Act. The Color-of-Title NATIONAL HERITAGE ACT means the Secretary of the Interior. (6) STATE.—The term ‘‘State’’ means the Act authorizes the BLM to convey pub- Mr. BISHOP of Utah. Mr. Speaker, I lic lands that have been acquired by State of Washington. move to suspend the rules and pass the (7) TRIBE OR TRIBAL.—The terms ‘‘Tribe’’ or peaceful adverse possession often bill (H.R. 1791) to establish the Moun- caused by historical surveying anoma- ‘‘Tribal’’ mean any federally recognized In- tains to Sound Greenway National Her- dian tribe with cultural heritage and historic lies, such as in this case. However, the itage Area in the State of Washington, interests within the proposed Mountains to Color-of-Title Act does not authorize and for other purposes, as amended. Sound Greenway National Heritage Area, in- the transfer of mineral rights owned by The Clerk read the title of the bill. cluding the Snoqualmie, Yakama, Tulalip, the United States, which is why this The text of the bill is as follows: Muckleshoot and Colville Indian tribes. bill is necessary. H.R. 1791 SEC. 4. DESIGNATION OF THE MOUNTAINS TO To be clear, under most cir- SOUND GREENWAY NATIONAL HER- Be it enacted by the Senate and House of Rep- ITAGE AREA. cumstances, we would not support leg- resentatives of the United States of America in (a) ESTABLISHMENT.—There is established islation to transfer Federal mineral Congress assembled, rights without fair compensation to in the State the Mountains to Sound Green- SECTION 1. SHORT TITLE. way National Heritage Area. the American taxpayer, but this is a This Act may be cited as the ‘‘Mountains (b) BOUNDARIES.—The Heritage Area shall to Sound Greenway National Heritage Act’’. very unusual and special case. Over 40 consist of land located in King and Kittitas years have passed since the BLM at- SEC. 2. PURPOSES; CONSTRUCTION. Counties in the State, as generally depicted tempted to enforce Federal ownership The purposes of this Act include— on the map. (1) to recognize the national importance of of this land. This lack of clarity and (c) MAP.—The map shall be on file and the natural and cultural legacies of the area, communication is unacceptable. For available for public inspection in the appro- as demonstrated in the study entitled priate offices of the National Park Service, that reason, I support this bill and I ‘‘Mountains to Sound Greenway National the United States Forest Service, and the urge its adoption. Heritage Area Feasibility Study’’ dated local coordinating entity. Mr. Speaker, I reserve the balance of April 2012 and its addendum dated May 2014; (d) LOCAL COORDINATING ENTITY.—The Sec- my time. (2) to recognize the heritage of natural re- retary shall designate a willing local unit of source conservation in the Pacific Northwest Mr. BISHOP of Utah. Mr. Speaker, I government, a consortium of affected coun- and in the Mountains to Sound Greenway; yield myself such time as I may con- ties, Indian tribe, or a nonprofit organization (3) to preserve, support, conserve, and in- sume. to serve as the coordinating entity for the terpret the legacies of natural resource con- This particular bill is not the first Heritage Area within 120 days of the date of servation, community stewardship, and In- time we have talked about this on the the enactment of this Act. dian tribes and nations from time immemo- floor. It is long overdue. In fact, it is rial, and reserved rights of Indian Tribes SEC. 5. MANAGEMENT PLAN. about 100 years long overdue, with only within the Mountains to Sound National (a) IN GENERAL.—Not later than 3 years a handful of homeowners having their Heritage Area; after the date of the enactment of this Act, title for which they have bought, sold, (4) to promote heritage, cultural, and rec- the local coordinating entity shall submit to and lived for decades questioning reational tourism and to develop educational the Secretary for approval a proposed man- whether they actually have the title to and cultural programs for visitors and the agement plan for the Heritage Area. it or not. general public; (b) REQUIREMENTS.—The management plan It is unfair, and it was wrong. It was (5) to recognize and interpret important shall— events and geographic locations representing (1) incorporate an integrated and coopera- wrong for BLM, and it is right for Con- key developments in the creation of Amer- tive approach for the protection, enhance- gress to step in and try and solve this ica, particularly the settlement of the Amer- ment, and interpretation of the natural, cul- problem to bring some finality and cer- ican West and the stories of diverse ethnic tural, historic, scenic, Tribal, and rec- tainty to an issue that never should groups, Indian tribes, and others; reational resources of the Heritage Area;

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.032 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5605 (2) take into consideration Federal, State, plementation of State and local aspects of (B) establishing and maintaining interpre- Tribal, and local plans, and treaty rights; the management plan. tive exhibits and programs in the Heritage and (3) ACTION FOLLOWING DISAPPROVAL.—If the Area; (3) include— Secretary disapproves the management plan, (C) developing recreational and edu- (A) an inventory of the natural, historical, the Secretary shall— cational opportunities in the Heritage Area; cultural, educational, scenic, and rec- (A) advise the local coordinating entity in and reational resources of the Heritage Area, in- writing of the reasons for the disapproval; (D) increasing public awareness of, and ap- cluding an acknowledgment of the exercise (B) make recommendations to the local co- preciation for, the natural, cultural, histor- of Tribal treaty rights, that relate to the na- ordinating entity for revisions to the man- ical, Tribal, scenic, and recreational re- tional importance and themes of the Herit- agement plan; and sources of the Heritage Area; age Area that should be conserved and en- (C) not later than 180 days after the receipt (3) consider the interests of diverse units of hanced; of any revised management plan from the government, Tribes, business, organizations, (B) a description of strategies and rec- local coordinating entity, approve or dis- and individuals in the Heritage Area in the ommendations for conservation, funding, approve the revised management plan. preparation and implementation of the man- management, and development of the Herit- (e) AMENDMENTS.—The Secretary shall re- agement plan; age Area; view and approve or disapprove in the same (4) conduct meetings open to the public at (C) a description of the actions that Fed- manner as the original management plan, least semiannually regarding the develop- eral, State, local, and Tribal governments, each amendment to the management plan ment and implementation of the manage- private organizations, and individuals have that makes a substantial change to the man- ment plan; agreed to take to protect and interpret the agement plan, as determined by the Sec- (5) encourage, by appropriate means, eco- natural, cultural, historical, scenic, and rec- retary. The local coordinating entity shall nomic viability that is consistent with the reational resources of the Heritage Area; not carry out any amendment to the man- Heritage Area; and (D) a program of implementation for the agement plan until the date on which the (6) submit a report to the Secretary every management plan by the local coordinating Secretary has approved the amendment. five years after the Secretary has approved entity, including— the management plan, specifying— (i) performance goals and ongoing perform- SEC. 6. ADMINISTRATION. (A) the expenses and income of the local ance evaluation; and (a) AUTHORITIES.— coordinating entity; and (ii) commitments for implementation (1) IN GENERAL.—For purposes of imple- (B) significant grants or contracts made by made by partners; menting the management plan, the Sec- the local coordinating entity to any other (E) the identification of sources of funding retary and Forest Service may— entity over the 5-year period that describes for carrying out the management plan; (A) provide technical assistance for the im- the activities, expenses, and income of the (F) analysis and recommendations for plementation of the management plan; and local coordinating entity (including grants means by which Federal, State, local, and (B) enter into cooperative agreements with from the local coordinating entity to any Tribal programs may best be coordinated to the local coordinating entity, State and other entity during the year that the report carry out this section; local agencies, Tribes, and other interested is made). (G) an interpretive plan for the Heritage parties to carry out this Act, including co- (d) PROHIBITION ON ACQUISITION OF REAL Area, including Tribal heritage; operation and cost sharing as appropriate to PROPERTY.—The local coordinating entity (H) recommended policies and strategies provide more cost-effective and coordinated may not acquire real property or interest in for resource management, including the de- public land management. real property through condemnation or with velopment of intergovernmental and inter- (2) TERMINATION OF AUTHORITY.—The au- Federal funds provided for National Heritage agency cooperative agreements to protect thority of the Secretary to provide technical Areas. the natural, cultural, historical, scenic, and assistance under this Act terminates on the (e) USE OF FEDERAL FUNDS.—Nothing in recreational resources of the Heritage Area; date that is 15 years after the date of the en- this Act shall preclude the local coordi- and actment of this Act. nating entity from using Federal funds avail- (I) a definition of the roles of the National (b) LOCAL COORDINATING ENTITY AUTHORI- able under other laws for the purposes for Park Service, the Forest Service, other Fed- TIES.—For purposes of implementing the which those funds were authorized. eral agencies, and Tribes in the coordination management plan, the local coordinating en- SEC. 7. RELATIONSHIP TO TRIBAL GOVERN- of the Heritage Area and in otherwise fur- tity may— MENTS. thering the purposes of this Act. (1) make grants to the State or a political Nothing in this Act shall construe, define, (c) DEADLINE.—If a proposed management subdivision of the State, Tribes, nonprofit waive, limit, or affect any rights of any fed- plan is not submitted to the Secretary by organizations, and other persons; erally recognized Indian tribe and the Fed- the date that is 3 years after the date of the (2) enter into cooperative agreements with, eral trust responsibility. enactment of this Act, the local coordinating or provide technical assistance to, Federal SEC. 8. RELATIONSHIP TO OTHER FEDERAL entity shall be ineligible to receive addi- agencies, the State or political subdivisions AGENCIES. tional funding under this Act until the date of the State, Tribes, nonprofit organizations, (a) IN GENERAL.—Nothing in this Act af- on which the Secretary receives and ap- and other interested parties; fects the authority of a Federal agency to proves the management plan. (3) hire and compensate staff, including in- provide technical or financial assistance (d) APPROVAL OR DISAPPROVAL OF MANAGE- dividuals with expertise in natural, cultural, under any other law. MENT PLAN.— historical, scenic, and recreational resource (b) CONSULTATION AND COORDINATION.—Any (1) IN GENERAL.—Not later than 180 days protection and heritage programming; Federal agency planning to conduct activi- after the date of receipt of the proposed man- (4) obtain money or services from any ties that may have an impact on the Herit- agement plan, the Secretary, in consultation source, including any money or services that age Area is encouraged to consult and co- with the State, affected counties, and Tribal are provided under any other Federal law or ordinate the activities with the local coordi- governments, shall approve or disapprove the program, in which case the Federal share of nating entity to the maximum extent prac- management plan. the cost of any activity assisted using Fed- ticable. (2) CRITERIA FOR APPROVAL.—In deter- eral funds provided for National Heritage (c) OTHER FEDERAL AGENCIES.—Nothing in mining whether to approve the management Areas shall not be more than 50 percent; this Act— plan, the Secretary shall consider whether— (5) contract for goods or services; and (1) modifies, alters, or amends any law or (A) the local coordinating entity has af- (6) undertake to be a catalyst for other ac- regulation authorizing a Federal agency to forded adequate opportunity, including pub- tivities that— manage Federal land under the jurisdiction lic hearings, for public and governmental in- (A) further the purposes of the Heritage of the Federal agency; volvement in the preparation of the manage- Area; and (2) limits the discretion of a Federal land ment plan; (B) are consistent with the management manager to implement an approved land use (B) the resource protection and interpreta- plan. plan within the boundaries of the Heritage tion strategies contained in the management (c) LOCAL COORDINATING ENTITY DUTIES.— Area; or plan, if implemented, would adequately pro- The local coordinating entity shall— (3) modifies, alters, or amends any author- tect the natural, cultural, historical, scenic, (1) in accordance with section 5, prepare ized use of Federal land under the jurisdic- and recreational resources of the Heritage and submit a management plan to the Sec- tion of a Federal agency. Area; retary; SEC. 9. PRIVATE PROPERTY AND REGULATORY (C) the management plan is consistent (2) assist units of Federal, State, and local PROTECTIONS. with the Secretary’s trust responsibilities to government, Tribes, regional planning orga- Nothing in this Act, the proposed Moun- Indian tribes and Tribal treaty rights within nizations, nonprofit organizations, and other tains to Sound Greenway National Heritage the National Heritage Area; and interested parties in carrying out the ap- Area, or resulting management plan (or any (D) the management plan is supported by proved management plan by— revisions to that plan) shall— the appropriate State, Kittitas County, King (A) carrying out programs and projects (1) abridge the rights of any owner of pub- County, and local officials, the cooperation that recognize, protect, and enhance impor- lic or private property, including the right to of which is needed to ensure the effective im- tant resource values in the Heritage Area; refrain from participating in any plan,

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.014 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5606 CONGRESSIONAL RECORD — HOUSE June 25, 2018 project, program, or activity conducted GENERAL LEAVE National recognition of this land- within the Heritage Area; Mr. BISHOP of Utah. Mr. Speaker, I scape’s unique historical and natural (2) require any property owner— ask unanimous consent that all Mem- value will promote coordination, en- (A) to allow public access (including access bers may have 5 legislative days to re- courage local engagement, and draw by Federal, State, or local agencies) to the vise and extend their remarks and in- property of the property owner; or visitors to small towns, supporting eco- (B) to modify public access or use of prop- clude extraneous materials on the bill nomic growth. erty of the property owner under any other under consideration. Based on the feedback we have re- Federal, State, or local law; The SPEAKER pro tempore. Is there ceived over the years, I have strength- (3) alter any duly adopted land use regula- objection to the request of the gen- ened my legislation to include impor- tion, approved land use plan, or other regu- tleman from Utah? tant protections needed to protect indi- latory authority of any Federal, State, Trib- There was no objection. vidual rights, property rights of pri- al, or local agency; Mr. BISHOP of Utah. Mr. Speaker, I vate owners and Tribal communities. (4) convey any land use or other regulatory yield such time as he may consume to We are also concerned about their authority to the local coordinating entity or the gentleman from Washington (Mr. rights. They were also involved in this any subsidiary organization, including but REICHERT), who is the sponsor of this process in protecting their rights of not necessarily limited to development and piece of legislation, who is establishing management of energy or water or water-re- their Indian Nation. a heritage area, and who is doing it the lated infrastructure; This is what my bill does not do: right way. (5) authorize or imply the reservation or It does not force private property appropriation of water or water rights; Mr. REICHERT. Mr. Speaker, I want to thank the chairman, the ranking owners to participate in any activity (6) diminish the authority of the State or or provide public access; Tribe to manage fish and wildlife, including member, and the entire committee, for It does not affect land use planning; the regulation of fishing, hunting, or gath- that matter, for their support of this ering within the Heritage Area or the au- legislation that is so critical and im- It does not alter, modify, or extin- thority of Tribes to regulate their members portant for the State of Washington, guish treaty rights, affect water rights, with respect to such matters in the exercise especially those people who live in the or limit the authority of the State to of Tribal treaty rights; Eighth District of Washington State. manage fish and wildlife, including (7) create any liability, or affects any li- I am especially thankful for Mr. hunting and fishing regulations. ability under any other law, of any private BISHOP’s cooperation and for his advice The result is a balanced bill that en- property owner with respect to any person joys broad public support. I am proud injured on the private property; on language to be added to the bill to (8) affect current or future grazing permits, make it that much better, especially as to say the support continues to grow. leases, or allotment on Federal lands; it relates to protecting the property Over 6,000, and counting, elected offi- (9) affect the construction, operation, rights of individuals within the des- cials, agencies, businesses, and organi- maintenance or expansion of current or fu- ignated heritage area. zations support the Mountains to ture water projects, including water storage, Mr. Speaker, I am proud to speak Sound Greenway National Heritage hydroelectric facilities, or delivery systems; today in support of H.R. 1791, the Area. or Mountains to Sound Greenway Na- I would like to thank my colleague (10) alter the authority of State, county, or tional Heritage Act. This is a bipar- from Washington State (Mr. SMITH), local governments in land use planning or whom I have worked with over the obligate those governments to comply with tisan bill that—it may have been stat- any recommendations in the management ed—was favorably reported out of the years to get this bill to where it is plan. House Natural Resources Committee today, and it has been years. I would also like to thank former SEC. 10. EVALUATION AND REPORT. earlier this month. This legislation will designate the Mountains to Sound Senator Slade Gorton, Council member (a) IN GENERAL.—Not later than 15 years after the date of the enactment of this Act, Greenway in Washington State as a na- Reagan Dunn, and the Mountains to the Secretary shall— tional heritage area. Sound Greenway Coalition, who have (1) conduct an evaluation of the accom- This greenway spans 1.5 million been longtime supporters of the green- plishments of the Heritage Area; and acres, tracing along Interstate 90, way, for their tireless efforts to make (2) prepare a report in accordance with sub- which crosses the country. It crosses this a reality. section (c). the crest of the Cascade Mountains to In addition, I thank, again, Chairman (b) EVALUATION.—An evaluation conducted Ellensburg, Washington, which is in BISHOP, Ranking Member GRIJALVA, under subsection (a)(1) shall— the central part of the State. It is a and their committee staff for their help (1) assess the progress of the local coordi- spectacular landscape that encom- in bringing this important piece of leg- nating entity with respect to— passes a vibrant mix of small towns, (A) accomplishing the purposes of the Her- islation through the committee and to itage Area; and working farms, lush forests, and rugged the floor. (B) achieving the goals and objectives of mountains, alongside one of the largest Mr. Speaker, I urge my colleagues to the management plan; and fastest growing metropolitan areas join me in supporting this legislation. (2) analyze the investments of Federal, in the county—and in the State, for Mr. BROWN of Maryland. Mr. Speak- State, Tribal, and local governments and pri- that matter. er, I am happy to support this bill. I vate entities in the Heritage Area to deter- Efforts to protect this area and its urge my colleagues to support its adop- mine the impact of the investments; and amazing views have made this a pop- tion. (3) review the management structure, part- ular local, national, and international Mr. Speaker, I yield such time as he nership relationships, and funding of the tourist destination where people go to may consume to the gentleman from Heritage Area for purposes of identifying the hunt, fish, camp, hike, and bike. Using critical components for sustainability of the Washington (Mr. SMITH). collaboration, negotiation, and com- Heritage Area. b 1630 (c) REPORT.—Based on the evaluation con- promise, the Mountains to Sound ducted under subsection (a)(1), the Secretary Greenway Trust and its public-private Mr. SMITH of Washington. Mr. shall submit to the Committee on Natural membership have maintained a vibrant Speaker, I am very pleased to rise in Resources of the House of Representatives and diverse economy, while conserving support of the Mountains to Sound and the Committee on Energy and Natural the environment and protecting pri- Greenway National Heritage Area des- Resources of the Senate a report that in- vate property rights. ignation. cludes recommendations for the future role In considering the future of the This is a project that has been com- of the National Park Service with respect to greenway, the trust conducted exten- pletely collaborative throughout the the Heritage Area. sive public meetings. There were 145 region. I think it is a great example of The SPEAKER pro tempore. Pursu- meetings held, with comments from how to get things done. It was various ant to the rule, the gentleman from over 1,000 individuals. In those discus- government officials working with the Utah (Mr. BISHOP) and the gentleman sions, the conclusion was reached that private sector, all with the same goal, from Maryland (Mr. BROWN) each will the greenway was a special place de- and that is to preserve open spaces in control 20 minutes. serving of national recognition. My bill the Puget Sound area. The Chair recognizes the gentleman does just that by designating the This is a very difficult thing to do. from Utah. greenway as a national heritage area. We are growing rapidly, businesses are

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This found a way of using the Federal Gov- the National Wilderness Preservation System, group came together to make sure that ernment as the deep pocket to keep wilderness study areas, and national wildlife we can preserve that, even in the face getting more money all the time back refuges; of such massive growth. to those particular areas, even though (3) since statehood land grant land owned by It wasn’t done by government fiat. It it was supposed to be a one-time situa- the western States are typically scattered across was done by working together with pri- tion. Then we found that other herit- the public land, creation of Federal conserva- vate landowners, tribes, and all of the age areas found a way in which special tion areas often include State land grant parcels with substantially different management man- interested stakeholders to say: ‘‘We interest groups got control of these dates, making land and resource management have a mutual interest in preserving areas and were starting to dictate to more difficult, expensive, and controversial for open spaces for the better enjoyment of local government entities. both Federal land managers and the western all of us in our community,’’ and that Each of those problems that have States; and is how the Mountains to Sound Green- been a significant problem in other (4) allowing the western States to relinquish way was born. heritage areas was eliminated by Mr. State trust land within Federal conservation areas and to select replacement land from the This is an incredibly successful col- REICHERT in his particular piece of leg- laborative effort. I am pleased to have public land within the respective western States, islation. That is why I said he did it would— the Federal Government put its stamp the right way, with the right instincts, (A) enhance management of Federal conserva- on it as a national heritage area. It with the right purposes, the right illus- tion areas by allowing unified management of definitely deserves that. It will help tration, especially with the emphasis those areas; and the process moving forward as they on protecting private property rights (B) increase revenue from the statehood land continue to make sure that they pre- and Native American rights. grants for the support of public schools and serve these open spaces for the enjoy- So this is one of the few heritage other worthy public purposes. ment of all people in the Puget Sound areas that I am happy to support, be- SEC. 3. DEFINITIONS. region. cause it is organized the proper way to In this Act: I also want to particularly thank (1) APPLICATION.—The term ‘‘application’’ solve problems, not just try to find a means an application for State relinquishment Congressman REICHERT for his leader- cheap and easy way to get more money and selection of land made under this Act in ac- ship on this issue. He has been working back into the area. So he is com- cordance with section 5. on it for a number of years, and it has mended for his integrity and the way (2) ELIGIBLE AREA.—The term ‘‘eligible area’’ been a true bipartisan effort. People he has orchestrated that. means land within the outer boundary of— ask me all the time, basically: ‘‘Don’t Mr. Speaker, I reserve the balance of (A) a unit of the National Park System; you guys work together on anything?’’ my time. (B) a component of the National Wilderness referring to Democrats and Repub- Preservation System; Mr. BROWN of Maryland. Mr. Speak- (C) a unit of the National Wildlife Refuge Sys- licans in general, not to DAVE and me er, I yield back the balance of my time. tem; specifically. Mr. BISHOP of Utah. Mr. Speaker, I (D) a unit of the National Landscape Con- I have been pleased to work with urge the adoption of this piece of legis- servation System; DAVE for, I guess, 14 years now that he lation, and I yield back the balance of (E) an area determined by the Bureau of has been in Congress—I worked with my time. Land Management, through an inventory car- him before when he was the King Coun- The SPEAKER pro tempore. The ried out in accordance with FLPMA, to have ty sheriff—and it has been a great wilderness characteristics— question is on the motion offered by (i) as of the date of enactment of this Act; or working relationship. Whenever people the gentleman from Utah (Mr. BISHOP) (ii) in a land use plan finalized under ask me that question, I am very that the House suspend the rules and FLPMA; pleased to know that, right next door, pass the bill, H.R. 1791, as amended. (F) National Forest System land and public I have got Congressman REICHERT. I The question was taken; and (two- land administered by the Bureau of Land Man- say: Well, DAVE and I work on a whole thirds being in the affirmative) the agement that has been designated as a national bunch of different things. We have over rules were suspended and the bill, as monument, national volcanic monument, national recreation area, national scenic area, the years, and this is certainly one of amended, was passed. the most important in his final year in inventoried roadless area, unit of the Wild and A motion to reconsider was laid on Scenic Rivers System, wilderness study area, or Congress. I think it is very appropriate the table. Land Use Designation II (as described by sec- that we get this to the finish line, pass f tion 508 of the Alaska National Interest Lands it into law, and get it signed by the Conservation Act (Public Law 101–626; 104 Stat. President. ADVANCING CONSERVATION AND 4428)); or Again, this is a fine example of what EDUCATION ACT (G) a sentinel landscape designated by the we can do when we work together with Secretary of Agriculture, the Secretary of De- Mr. BISHOP of Utah. Mr. Speaker, I fense, and the Secretary of the Interior. all interested parties coming together move to suspend the rules and pass the for a mutual benefit. Maintaining open (3) FLPMA.—The term ‘‘FLPMA’’ means the bill (H.R. 4257) to maximize land man- Federal Land Policy and Management Act of spaces in the Puget Sound region is in- agement efficiencies, promote land 1976 (43 U.S.C. 1701 et seq.). credibly important. It is not easy. This conservation, generate education fund- (4) PRIORITY AREA.—The term ‘‘priority area’’ project is a reflection of how you can ing, and for other purposes, as amend- means land within the outer boundary of any— get that done, and I am pleased to sup- ed. (A) National Monument; (B) national conservation area managed by port this legislation. The Clerk read the title of the bill. Again, I want to thank Congressman the Bureau of Land Management; The text of the bill is as follows: (C) component of the National Wilderness REICHERT for his leadership and part- Preservation System; or nership. It was great working together H.R. 4257 Be it enacted by the Senate and House of Rep- (D) unit of the National Park System. with him on this and other issues in (5) PUBLIC LAND.— the interest of our community in the resentatives of the United States of America in Congress assembled, (A) IN GENERAL.—The term ‘‘public land’’ has Puget Sound region. the meaning given the term ‘‘public lands’’ in Mr. BISHOP of Utah. Mr. Speaker, I SECTION 1. SHORT TITLE. section 103 of FLPMA (43 U.S.C. 1702). This Act may be cited as the ‘‘Advancing Con- (B) EXCLUSIONS.—The term ‘‘public land’’ yield myself such time as I may conservation and Education Act’’. sume. does not include Federal land that— Mr. Speaker, it is often the situation SEC. 2. FINDINGS. (i) is within an eligible area; Congress finds that— (ii) is within an area of critical environmental where heritage areas that were origi- (1) at statehood, Congress granted each of the concern established pursuant to section 202(c)(3) nally established to try to allow local western States land to be held in trust by the of FLPMA (43 U.S.C. 1712(c)(3)); people to have some mechanism in States and used for the support of public schools (iii) is within an area withdrawn or reserved which they can get together to actu- and other public institutions; by an Act of Congress, the President, or public

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land order for a particular public purpose or (2) EXCEPTION.—The Secretary may waive the (e) APPROVAL OR REJECTION.—The Secretary— program, including for the conservation of nat- limitation in paragraph (1) on a determination (1) shall issue a final determination on an ap- ural resources; that the relinquishment and conveyance to the plication not later than 3 years after the date a (iv) has been acquired using funds from the United States of substantially all State land western State submits that application to the Land and Water Conservation Fund established grant parcels located in priority areas in the Secretary; under section 200302 of title 54, United States western State is impractical or infeasible. (2) may approve an application in whole or in Code; (3) OTHER STATE LAND GRANT PARCELS.—The part, or as modified by the Secretary as nec- (v) is within the boundary of an Indian res- Secretary may accept an application from a essary to balance the equities of the States and ervation, pueblo, or rancheria; or western State to relinquish State land grant interest of the public; (vi) is within a special recreation management parcels within an eligible area in the western (3) shall not accept an application under this area. State if— Act for selection of any parcel of public land (6) SECRETARY.—The term ‘‘Secretary’’ means (A) the application is limited to relinquishing that in the judgment of the Secretary— the Secretary of the Interior. one or more State land grant parcels within a (A) is not reasonably compact and consoli- (7) STATE LAND GRANT PARCEL.—The term single eligible area; dated; ‘‘State land grant parcel’’ means— (B) the western State submitting the applica- (B) will create significant management con- (A) any land granted to a western State by tion is, as determined by the Secretary, making flicts with respect to the management of adja- Congress through a statehood or territorial land substantial progress in relinquishing State land cent Federal land; grant for the support of public education or grant parcels within priority areas in the west- (C) will significantly adversely affect public other public institutions, or subsequently ac- ern State; and use of a recreation site or recreation area eligi- quired by the western State for that purpose; or (C) the Secretary has not accepted any other ble for the collection of recreation fees under the (B) land granted to the State of Alaska under applications from the western State under this Federal Lands Recreation Enhancement Act (16 subsections (a), (b), and (k) of section 6 of the paragraph during the 5-year period ending on U.S.C. 6801 et seq.) or other authority; Act of July 7, 1958 (commonly known as the the date of the application. (D) will significantly adversely affect public ‘‘Alaska Statehood Act’’) (48 U.S.C. note prec. access, hunting, fishing, recreational shooting, SEC. 5. PROCESS. outdoor recreation, or result in adverse impacts 21; Public Law 85–508). (a) PROCESS FOR APPLICATION.— (8) TRADITIONAL CULTURAL PROPERTY.—The to critical fish and wildlife habitat; or (1) IN GENERAL.—Not later than 540 days after (E) is not in the public interest, as determined term ‘‘traditional cultural property’’ has the the date of the enactment of this Act and in ac- meaning given the term— under 43 Code of Federal Regulations 2200.0- cordance with this section, the Secretary shall 6(b), as in effect on the date of enactment of this (A) ‘‘historic property’’ in section 800.16 of promulgate regulations establishing a process by title 36, Code of Federal Regulations (as in ef- Act; which the western States may request the relin- (4) shall not accept any State land grant par- fect on the date of enactment of this Act); or quishment of State land grant parcels wholly or (B) ‘‘sacred site’’ in section 1(b) of Executive cels that, in the judgment of the Secretary, are partially within eligible areas and select public not suitable for inclusion in the applicable unit Order 13007 (42 U.S.C. 1996 note; relating to In- land in exchange for the State land grant par- dian sacred sites). described in subparagraphs (A) through (G) of cels. section 3(2) in which the land is located; (9) WATER RIGHT.—The term ‘‘water right’’ (2) TIMING.—Except as provided in section means any right in or to groundwater, surface (5) shall, prior to approving an application, 8(c), the process established by the Secretary consult with the head of any Federal agency water, or effluent under Federal, State, or other under this section shall ensure that the relin- law. with jurisdiction over Federal land— quishment of State land grant parcels and the (A) within which a western State proposes to (10) WESTERN STATE.—The term ‘‘western conveyance of public land is concurrent. relinquish a State land grant parcel; or State’’ means any of the States of Alaska, Ari- (b) PUBLIC NOTICE.—Prior to accepting or (B) that is adjacent to public land proposed zona, California, Colorado, Idaho, Montana, conveying any land under this Act, the Sec- for conveyance to a western State; New Mexico, North Dakota, Oregon, South Da- retary shall provide public notice and an oppor- (6) shall, prior to approving an application— kota, Utah, Washington, and Wyoming. tunity to comment on the proposed conveyances (A) consult, in accordance with Federal law, SEC. 4. RELINQUISHMENT OF STATE LAND GRANT between the western State and the United with any Indian tribe affected by the subject of PARCELS AND SELECTION OF RE- States. the application, including any Indian tribe that PLACEMENT LAND. (c) ENVIRONMENTAL ANALYSIS.— notifies the Secretary that there is traditional (a) AUTHORITY TO SELECT.—In accordance (1) IN GENERAL.—Except as otherwise provided cultural property located within the public land with this Act and in order to facilitate the ful- in this subsection, the Secretary shall acquire proposed for conveyance to the western State; fillment of the mandates of State land grant State land grant parcels and convey public land and parcels and Federal land described in subpara- under this Act in accordance with— (B) if the Secretary determines that tradi- graphs (A) through (G) of section 3(2), on ap- (A) the National Environmental Policy Act of tional cultural property is located within the proval by the Secretary of an application under 1969 (42 U.S.C. 4321 et seq.); and public land proposed for conveyance to the section 5, a western State may relinquish to the (B) other applicable laws. western State, consider the extent to which pro- United States State land grant parcels wholly or (2) ENVIRONMENTAL ASSESSMENT OR ENVIRON- tection would be available for the traditional primarily within eligible areas and select in ex- MENTAL IMPACT STATEMENT.—In preparing an cultural property after conveyance of the public change public land within the western State. environmental assessment or environmental im- land to the western State, including terms or (b) VALID EXISTING RIGHTS.—Land conveyed pact statement pursuant to section 102(2) of the conditions that the Secretary, with the agree- under this Act shall be subject to valid existing National Environmental Policy Act of 1969 (42 ment of the western State, may impose on the rights. U.S.C. 4332(2)) for the acquisition of State land conveyance of the public land to the western (c) MANAGEMENT AFTER RELINQUISHMENT.— grant parcels and the conveyance of public land State; Any portion of a State land grant parcel ac- under this Act, if the western State has indi- (7) may reject an application in whole or in quired by the United States under this Act that cated an unwillingness to consider State land part if the Secretary, after consideration of is located within an eligible area shall— grant parcels for relinquishment or public land available protection for traditional cultural (1) be incorporated in, and be managed as for acquisition (other than the State land grant property located within the public land pro- part of, the applicable unit described in sub- parcels and public land described in the proposed for conveyance to the western State pur- paragraphs (A) through (G) of section 3(2) in posed agency action), the Secretary is not re- suant to paragraph (6)(B), determines that in- which the land is located without further action quired to study, develop, and describe more sufficient protection would be available for the by the Secretary with jurisdiction over the unit; than— traditional cultural property after conveyance and (A) the proposed agency action; and of the public land to the western State; (2) if located within the National Forest Sys- (B) the alternative of no action. (8) shall, for applications by a western State tem, be administered by the Secretary of Agri- (d) AGREEMENTS WITH STATES.— for the conveyance of a parcel of public land culture in accordance with— (1) IN GENERAL.—The Secretary is authorized that will result in significantly diminished pub- (A) the Act of March 1, 1911 (commonly to enter into agreements with any of the western lic access to adjacent Federal land— known as the ‘‘Weeks Law’’) (16 U.S.C. 552 et States to facilitate processing of applications (A) reject that portion of the application; or seq.); and and conveyance of selected land. (B) reserve a right-of-way through the public (B) any laws (including regulations) applica- (2) AGREEMENT.—On completion of a land to be conveyed ensuring continued public ble to the National Forest System and the unit preapplication process that includes identifica- access to adjacent Federal land; and of the National Forest System in which the land tion of land to be conveyed, the Secretary and (9) shall convey any public land approved for is located. the western State may enter into a nonbinding selection not later than 1 year after entering (d) LIMITATION.— agreement that includes— into a final agreement between the Secretary (1) IN GENERAL.—Except as provided in para- (A) a time schedule for completing the convey- and the western State on the land to be con- graphs (2) and (3), until a western State has re- ances; veyed, subject to such other terms and condi- linquished and conveyed to the United States (B) an assignment of responsibility for per- tions as may be appropriate. substantially all of the State land grant parcels formance of required functions and for costs as- (f) COSTS.— located in priority areas in the western State, sociated with processing the conveyances; and (1) IN GENERAL.—All costs of conveyances the western State may not apply to relinquish (C) a statement specifying whether assump- under this Act, including appraisals, surveys, State land grant parcels in other eligible areas tion of costs will be allowed pursuant to section and related costs, shall be paid equally by the in the western State. 8(d). Secretary and the western State.

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(2) ALLOCATION.—The Federal agency that re- (2) APPRAISAL REQUIRED.—Except as provided parcel under this Act may include the convey- ceives State land in a conveyance under this Act in subsection (b), the Secretary shall determine ance of State-held water rights appurtenant to shall assume the Federal share of administrative the value of a State land grant parcel and pub- the land conveyed in accordance with applica- costs, including appraisals, surveys, and related lic land through an appraisal completed in ac- ble law. costs, unless otherwise agreed to by the heads of cordance with— (2) FEDERALLY HELD APPURTENANT WATER the respective agencies. (A) the Uniform Appraisal Standards for Fed- RIGHTS.—Any conveyance of public land under (g) CONVEYANCE BY WESTERN STATE.— eral Land Acquisitions; and this Act may include the conveyance of feder- (1) IN GENERAL.—The conveyance of any State (B) the Uniform Standards for Professional ally held water rights appurtenant to the land land grant parcel under this Act shall— Appraisal Practice. conveyed in accordance with applicable Federal (A) be by patent or deed acceptable to the Sec- (3) EQUALIZATION.—For each transaction, an and State law. retary; and equalization payment described in paragraph (3) EFFECT.—Nothing in this Act— (B) not be considered an exchange or acquisi- (1)(B)(i) or a ledger entry described in para- (A) creates an implied or expressed Federal re- tion for purposes of sections 205 and 206 of graph (1)(B)(ii) may not exceed 25 percent of the served water right; FLPMA (43 U.S.C. 1715, 1716). total value of the land or interest transferred (B) affects a valid existing water right; or (2) CONCURRENCE.—The Secretary of Agri- out of Federal ownership. (C) affects the use of water conveyance infra- culture shall concur in any determination to ac- (b) LOW VALUE PARCELS.— structure associated with a water right de- cept the conveyance of a State land grant parcel (1) VALUATION.—The Secretary may, with the scribed in subparagraph (B). within the boundaries of any unit of the Na- consent of a western State, use a summary ap- (c) GRAZING PERMITS.— tional Forest System. praisal or statement of value made by a quali- (1) IN GENERAL.—If land conveyed under this (h) CONVEYANCE BY UNITED STATES.—The fied appraiser carried out in accordance with Act is subject to a lease, permit, or contract for conveyance of public land by the United States the Uniform Standards for Professional Ap- the grazing of domestic livestock in effect on the shall— praisal Practice instead of an appraisal that date of the conveyance, the Secretary (or the (1) not be considered a sale, exchange, or con- complies with the Uniform Appraisal Standards Secretary of Agriculture for land located within veyance under section 203, 206, or 209 of FLPMA for Federal Land Acquisitions if the western the National Forest System) and the western (43 U.S.C. 1713, 1716, and 1719); and State and the Secretary agree that the market State shall allow the grazing to continue for the (2) include such terms or conditions as the value of a State land grant parcel or a parcel of remainder of the term of the lease, permit, or Secretary may require. public land is— contract, subject to the related terms and condi- SEC. 6. MINERAL LAND. (A) less than $500,000; and tions of user agreements, including permitted (a) SELECTION AND CONVEYANCE.— (B) less than $500 per acre. stocking rates, grazing fee levels, access, and (1) IN GENERAL.—Subject to this Act, a west- (2) DIVISION.—A State land grant parcel or a ownership and use of range improvements. ern State may select, and the Secretary may parcel of public land may not be artificially di- (2) RENEWAL.—On expiration of any grazing convey, land that is mineral in character under vided in order to qualify for a summary ap- lease, permit, or contract described in paragraph this Act. praisal or statement of value under paragraph (1), the party that has jurisdiction over the land (2) EXCLUSION.—A western State may not se- (1). on the date of expiration may elect to renew the lect, and the Secretary may not convey land (c) LEDGER ACCOUNTS.— lease, permit, or contract if permitted under ap- that includes only— (1) IN GENERAL.—The Secretary and any west- plicable law. (A) a portion of a mineral lease or permit; ern State may agree to use a ledger account to (3) CANCELLATION.— (B) the Federal mineral estate, unless the make equal the value of land relinquished by (A) IN GENERAL.—Nothing in this Act prevents United States does not own the associated sur- the western State and conveyed by the United the Secretary (or the Secretary of Agriculture face estate; or States to the western State under this Act. for land located within the National Forest Sys- (C) the Federal surface estate, unless the (2) IMBALANCES.—A ledger account described tem) or the western State from canceling or United States does not own the associated min- in paragraph (1) shall reflect imbalances in modifying a grazing permit, lease, or contract if eral estate. value to be reconciled in a subsequent trans- the land subject to the permit, lease, or contract (b) MINING CLAIMS.— action. is sold, conveyed, transferred, or leased for non- (1) MINING CLAIMS UNAFFECTED.—Nothing in (3) ACCOUNT BALANCING.—Each ledger ac- grazing purposes. this Act alters, diminishes, or expands the exist- count shall be— (B) LIMITATION.—Except to the extent reason- ing rights of a mining claimant under applicable (A) balanced not later than 3 years after the ably necessary to accommodate surface oper- law. date on which the ledger account is established; ations in support of mineral development, the (2) VALIDITY EXAMS.—Nothing in this Act re- and Secretary (or the Secretary of Agriculture for quires the United States to carry out a mineral (B) closed not later than 5 years after the date land located within the National Forest System) examination for any mining claim located on of the last conveyance of land under this Act. or the western State shall not cancel or modify public land to be conveyed under this Act. (d) COSTS.— a grazing permit, lease, or contract for land con- (3) WITHDRAWAL.—Public land selected by a (1) IN GENERAL.—The Secretary or the western veyed pursuant to this Act because the land western State for acquisition under this Act is State may assume costs or other responsibilities subject to the permit, lease, or contract has been withdrawn, subject to valid existing rights, from or requirements for conveying land under this leased for mineral development. location, entry, and patent under the mining Act that ordinarily are borne by the other party. (4) BASE PROPERTIES.—If land conveyed by laws until that date on which— (2) ADJUSTMENT.—If the Secretary assumes the western State under this Act is used by a (A) the land is conveyed by the Federal Gov- costs or other responsibilities under paragraph grazing permittee or lessee to meet the base ernment to the western State; (1), the Secretary shall make adjustments to the property requirements for a Federal grazing per- (B) the Secretary makes a final determination value of the public land conveyed to the western mit or lease, the land shall continue to qualify not accepting the selection of the land; or State to compensate the Secretary for assuming as a base property for the remaining term of the (C) the western State withdraws the selection the costs or other responsibilities. lease or permit and the term of any renewal or of the land. (e) ADJUSTMENT.—If value is attributed to any extension of the lease or permit. SEC. 7. CONSTRUCTION WITH OTHER LAWS. parcel of public land that has been selected by (5) RANGE IMPROVEMENTS.—Nothing in this (a) CONSIDERATION.—In the application of a western State because of the presence of min- Act prohibits a holder of a grazing lease, permit, laws, regulations, and policies relating to selec- erals under a lease entered into under the Min- or contract from being compensated for range tions made under this Act, the Secretary shall eral Leasing Act (30 U.S.C. 181 et seq.) that is in improvements pursuant to the terms of the lease, consider the equities of the western States and a producing or producible status, and the lease permit, or contract under existing Federal or the interest of the public. is to be conveyed under this Act, the value of State laws. (b) LAND USE PLAN.—The Secretary may ap- the parcel shall be reduced by the amount that (d) ROAD RIGHTS-OF-WAYS.— prove an application submitted in accordance represents the likely Federal revenue sharing (1) IN GENERAL.—If land conveyed under this with this Act even if— obligation under that Act, but the adjustment Act is subject to a road lease, road right-of-way, (1) the selected public land is not otherwise shall not be considered as reflecting a property road easement, or other valid existing right in identified for disposal; or right of the western State. effect on the date of the conveyance, the Sec- (2) the land to be acquired is not identified to SEC. 9. MISCELLANEOUS. retary (or the Secretary of Agriculture for land be acquired in the applicable land use plan. (a) HAZARDOUS MATERIALS.— located within the National Forest System) and SEC. 8. VALUATION. (1) IN GENERAL.—The Secretary and the west- the western State shall allow the lease, right-of- (a) EQUAL VALUE.— ern States shall make available for review and way, easement, or other valid existing right to (1) IN GENERAL.—The overall value of the inspection any record relating to hazardous ma- continue for the remainder of the term of the State land grant parcels and the public land to terials on land to be conveyed under this Act. lease, right-of-way, easement, or other valid ex- be conveyed shall be— (2) CERTIFICATION.—The Secretary and the isting right, subject to the applicable terms and (A) equal; or western State shall each complete an inspection conditions of the lease, right-of-way, easement, (B) if the value is not equal— and a hazardous materials certification of land or other valid existing right. (i) equalized by the payment of funds to the to be conveyed under this Act before the comple- (2) RENEWAL.—On expiration of any road western State or to the Secretary as the cir- tion of the conveyance. lease, road right-of-way, road easement, or cumstances require; or (b) WATER RIGHTS.— other valid existing right described in paragraph (ii) reflected on the balance of a ledger ac- (1) STATE-HELD APPURTENANT WATER (1), the party that has jurisdiction over the land count established under subsection (c). RIGHTS.—Any conveyance of a State land grant on the date of expiration may elect to renew the

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A25JN7.015 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5610 CONGRESSIONAL RECORD — HOUSE June 25, 2018 lease, right-of-way, easement, or other valid ex- States when they are trying to raise and improving the management of existing right if permitted under applicable law. sufficient funds for things like public isting conservation areas. (e) PROTECTION OF INDIAN RIGHTS.— education. Mr. Speaker, I support passage of (1) TREATY RIGHTS.—Nothing in this Act alters Recognizing this challenge, Congress this bill, and I reserve the balance of or diminishes the treaty rights of any Indian tribe. made sizable land grants to the West- my time. (2) LAND HELD IN TRUST.—Nothing in this Act ern States, but it was based on the con- Mr. BISHOP of Utah. Mr. Speaker, I affects— dition that granted lands be held in include in the RECORD additional back- (A) land held in trust by the Secretary for any trust and used to generate revenue for ground that is necessary for this par- Indian tribe; or education and other worthy causes. ticular bill. (B) any individual Indian allotment. Since the time State lands trust BACKGROUND AND NEED FOR H.R. 4257, AD- (3) EFFECT.—Nothing in this Act alters, dimin- grants were made, large areas of the VANCING CONSERVATION AND EDUCATION ACT ishes, or enlarges the application of— West have been designated for Federal The Advancing Conservation and Edu- (A) division A of subtitle III of title 54, United cation (ACE) Act is based on existing provi- States Code (formerly known as the ‘‘National protection. This has resulted in these sions in western State enabling acts allowing Historic Preservation Act’’ (16 U.S.C. 470 et trust lands being encapsulated inside States to select replacement lands in lieu of seq.)); federally protected lands, creating land (B) the Native American Graves Protection management conflicts that are just State school grants that were not completed and Repatriation Act (25 U.S.C. 3001 et seq.); by the United States. enormous and very difficult to over- Congress granted most of the western (C) Public Law 95–341 (commonly known as come. States land to be held in trust by the States the ‘‘American Indian Religious Freedom Act’’) Once again, the end result is that you and used to support public education and (42 U.S.C. 1996); have reduced revenues for our children other public purposes. Many of these State (D) chapter 3125 of title 54, United States trust lands parcels are in a ‘‘checkerboard’’ Code; or in Utah, and we have a challenge find- (E) the Archaeological Resources Protection ing sufficient revenue to educate them. pattern inside federal areas managed for con- Act of 1979 (16 U.S.C. 470aa et seq.). It is clearly in the best interest of servation, such as national parks and monuments, national wildlife refuges, wilderness SEC. 10. EFFECT. States and the Federal Government to transfer ownership of some of these study areas, and areas of critical environ- Nothing in this Act repeals or limits, expressly mental concern. The intermingling of land or by implication, any authority in existence on trust lands to the Federal Government ownership creates significant problems for the date of enactment of this Act for the selec- in exchange for less sensitive and rev- both federal land managers and the States, tion or exchange of land. enue-generating lands transferred to since the latter are required to manage State SEC. 11. TERMINATION OF AUTHORITY. the State. trust lands to provide revenue for public edu- (a) IN GENERAL.—Subject to subsection (b), This truly is bipartisan, a win-win, cation. Through its land use planning proc- the provisions of this Act shall cease to be effec- and not difficult to see that everyone is ess, the Bureau of Land Management tive with regard to any State land grant parcel better off by this. Land exchanges be- (BLM) identifies lands that are difficult or located within an eligible area for which an ap- tween States and the Federal Govern- uneconomic to manage, such as ‘‘checker- plication has not been filed by the date that is board’’ areas. 20 years after the date of the enactment of this ment have become very expensive and H.R. 4257 will help meet the goal of Act. time-consuming. That is why my bill rationalizing land ownership in the west by (b) NEW ELIGIBLE AREAS.—If the application advancing conservation and education creating an additional authority for the described in subsection (a) is for a State land creates a streamlined mechanism for United States to acquire State lands in fed- grant parcel that is located within an eligible transfer of lands between States and eral conservation areas, and compensating area established after the date of enactment of the Federal Government. the States with equal-value replacement fed- this Act, the provisions of this Act shall remain As I said, this bill truly is a win-win, eral lands within the State. The current effective for 20 years after the date on which the and it proves to the people on all sides process where interested parties bring land new eligible area is established. exchanges to Congress on a case-by-case that we can come together and that we basis is time-consuming and cumbersome, The SPEAKER pro tempore. Pursu- can solve some of these very complex ant to the rule, the gentleman from and existing administrative land exchange land issues. authorities are equally challenging. Utah (Mr. BISHOP) and the gentleman So, again, I want to thank my friend The bipartisan proposal expands existing ROWN from Maryland (Mr. B ) each will from Colorado (Mr. POLIS) for working authority (43 U.S.C. 851–852), that allows control 20 minutes. with me on this important legislation. western States to select federal lands ‘‘in The Chair recognizes the gentleman I would also like to thank the Wilder- lieu’’ of lands lost to the States when origi- from Utah. ness Society, SITLA, and others who nal statehood land grants were not com- GENERAL LEAVE pleted. It would allow States with lands lo- have worked to make this possible. cated in federal conservation areas to deed Mr. BISHOP of Utah. Mr. Speaker, I If you are a conservationist, if you back those lands to the United States, and ask unanimous consent that all Mem- are an educator, if you are a legislator select replacement lands of equivalent value bers may have 5 legislative days to re- on either side of the aisle, this is some- from the unappropriated federal public lands vise and extend their remarks and in- thing that most of us agree is helpful within that State. Many of the provisions of clude extraneous material on the bill and positive for the Federal Govern- the proposal incorporate existing BLM ad- under consideration. ment and also for the children in Utah. ministrative provisions for in-lieu selections, The SPEAKER pro tempore. Is there Mr. BROWN of Maryland. Mr. Speak- including land valuation, and compliance objection to the request of the gen- er, I yield myself such time as I may with BLM land use plans. It would not replace the land exchange process, but rather tleman from Utah? consume. provide an alternative mechanism for State- There was no objection. Mr. Speaker, H.R. 4257 creates a proc- federal land transfers. Mr. BISHOP of Utah. Mr. Speaker, I ess to expedite land exchanges between Further, H.R. 4257 also directs the Depart- yield such time as he may consume to the Federal Government and State ment of the Interior to create a process for the gentleman from Utah (Mr. STEW- land grant agencies. the relinquishment of the parcels and sets ART). Currently, the primary method of forth requirements regarding hazardous ma- Mr. STEWART. Mr. Speaker, as you eliminating State trust lands from con- terials on land conveyed, water rights, graz- know—I think everyone knows this servation areas has been through legis- ing permits, road rights-of ways, and other valid existing rights. much—much of the land in the Western lative land exchanges, which can be The Western States Land Commissioners States is controlled by whom? The Fed- time-consuming and complicated. This Association (WSLCA), a bipartisan organiza- eral Government. bipartisan bill, introduced by Rep- tion of 21 State agencies responsible for man- In my own home State of Utah, about resentatives STEWART and POLIS, offers aging more than 500 million acres of public two-thirds of the land is owned and a new way to speed up the process of and school trust land, has proposed a legisla- controlled by the Federal Government. removing State lands from Federal tive solution to provide a mechanism for the Because States cannot tax this Federal conservation areas. United States to acquire lands owned by the Government land, it means that about H.R. 4257 could incentivize State land western States and located inside federal conservation areas, while fairly compen- two-thirds of the land in Utah cannot agencies to be good partners and sup- sating the States for those lands by granting be taxed. porters of additional conservation leg- them the right to select replacement lands of This, as you can imagine, presents islation by removing an important bar- equivalent value from the public domain. enormous challenges for Western rier to new conservation designations The WSLCA proposal has had substantial

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.015 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5611 input from western States and the conserva- Sec. 6. Mineral Land. The question was taken; and (two- tion community. Previous iterations of the Permits western States to select federal thirds being in the affirmative) the proposed bill have also been supported by land that is mineral in character. rules were suspended and the bill, as conservations groups such as the Wilderness Excludes mineral land that only includes a Society. H.R. 4257 is based on this proposal. portion of a mineral lease or permit, land amended, was passed. H.R. 4257 would provide a useful tool for that is part of the federal mineral estate (un- A motion to reconsider was laid on federal and State land managers to make less the United States does not own the asso- the table. their respective landholdings more rational, ciated surface estate), or land that is part of f for the benefit of both sound land manage- federal surface estate (unless the United ment and public education funding. States does not own the associated mineral BLUE WATER NAVY VIETNAM A companion bill, S. 2078, has been intro- estate). VETERANS ACT OF 2018 duced in the Senate. The policy provisions Clarifies that nothing in this Act shall af- Mr. ROE of Tennessee. Mr. Speaker, I set forth in H.R. 4257 have enjoyed bipartisan fect existing mining claims. support in the House and Senate in the 114th Sec. 7. Construction with Other Laws. move to suspend the rules and pass the and 113th sessions.. Requires the Secretary to consider the eq- bill (H.R. 299) to amend title 38, United MAJOR PROVISIONS SECTION-BY-SECTION uities of the western States and interest of States Code, to clarify presumptions ANALYSIS the public in the application of this Act. relating to the exposure of certain vet- Sec. 4. Relinquishment of State Land Sec. 8. Valuation. erans who served in the vicinity of the Grant Parcels and Selection of Replacement Requires the overall value of the State Republic of Vietnam, and for other pur- Land. trust parcels and the federal land conveyed poses, as amended. Expands existing authority for western to be equal, and if not equal to be equalized by a payment of funds. The Clerk read the title of the bill. States to relinquish State trust lands wholly The text of the bill is as follows: or primarily within eligible federal areas Sec. 9. Miscellaneous. managed for conservation. Requires the Secretary and the western H.R. 299 Clarifies that land conveyed under this au- State make available for review any record Be it enacted by the Senate and House of Rep- thority remains subject to valid existing relating to hazardous materials on the land resentatives of the United States of America in rights. to be conveyed. Congress assembled, Allows State or federal water rights to be Stipulates that relinquished lands shall be SECTION 1. SHORT TITLE. managed by the land agency responsible for included in the conveyance of land. Clarifies that nothing in this Act creates This Act may be cited as the ‘‘Blue Water the conservation area that the land is being Navy Vietnam Veterans Act of 2018’’. added to. an implied or expressed federal reserved Requires western States’ authority to use water right, affects a valid existing water SEC. 2. CLARIFICATION OF PRESUMPTIONS OF this alternative authority in priority areas right, or affects the use of water conveyance EXPOSURE FOR VETERANS WHO infrastructure. SERVED IN VICINITY OF REPUBLIC before applying to relinquish State land in OF VIETNAM. other eligible areas. However, the Secretary Stipulates that existing grazing rights (a) IN GENERAL.—Chapter 11 of title 38, must be honored for the remainder of the of the Interior can waive this requirement if United States Code, is amended by inserting term of lease, permit, or contract. After this it is determined that the relinquishment of after section 1116 the following new section: parcels located in the priority areas is im- duration, the party who has jurisdiction over practical or infeasible. the land may elect to renew the lease, per- ‘‘§ 1116A. Presumptions of service connection Further waives the priority requirement if mit or contract. for veterans who served offshore of the Re- an application for relinquishment is limited Clarifies that nothing in this Act prevents public of Vietnam to a single eligible area, and it is further de- the Secretary or State from cancelling or ‘‘(a) SERVICE CONNECTION.—For the pur- termined that substantial progress is being modifying a grazing permit, lease or con- poses of section 1110 of this title, and subject made by the State to relinquish priority par- tract if the land is sold, conveyed, trans- to section 1113 of this title, a disease covered cels. This exemption can only occur once ferred or leased for nongrazing purposes. by section 1116 of this title becoming mani- every five years. Restricts cancellation of grazing permits fest as specified in that section in a veteran Sec. 5. Process. except to the extent reasonably necessary to who, during active military, naval, or air Requires the Secretary of the Interior to accommodate surface operations in support service, served offshore of the Republic of establish a process within 540 days for west- of mineral development. Vietnam during the period beginning on Jan- ern States to request relinquishment of eli- Stipulates that existing road lease, road uary 9, 1962, and ending on May 7, 1975, shall gible State parcels and to select federal land right-of-way, road easement, or other valid be considered to have been incurred in or ag- in exchange. existing right must be honored for the re- gravated by such service, notwithstanding Requires the land exchanges to be concur- mainder of the term of lease, permit, or con- that there is no record of evidence of such rent. tract. After this duration, the party who has disease during the period of such service. Requires public notice and an opportunity jurisdiction over the land may elect to renew ‘‘(b) EXPOSURE.—A veteran who, during ac- to comment on proposed conveyances be- the lease, permit or contract. tive military, naval, or air service, served tween the western State and the United Clarifies that nothing in this Act alters or offshore of the Republic of Vietnam during States. diminishes the treaty rights of any Indian the period beginning on January 9, 1962, and Requires the land exchanges to be done in tribe. ending on May 7, 1975, shall be presumed to accordance with the National Environmental Sec. 10 Effect. have been exposed during such service to an Policy Act of 1969 (42 U.S.C. 4321 et seq.) and Nothing in this Act repeals or limits, ex- herbicide agent unless there is affirmative other applicable laws. pressly or by implication, any authority in evidence to establish that the veteran was Permits the Secretary to enter into agree- existence on the date of enactment of this not exposed to any such agent during that ments with any of the western States to fa- Act for the selection or exchange of land. service. cilitate processing of applications and con- Sec. 11. Termination of Authority. ‘‘(c) EFFECTIVE DATE OF AWARD.—(1) Ex- veyance of land. The authority provided by this Act will except as provided by paragraph (2), the effec- Requires the Secretary to issue a final de- pire 20 years after enactment. termination on an application within 3 years tive date of an award under this section shall after submission. Mr. BISHOP of Utah. Mr. Speaker, be determined in accordance with section Prohibits the Secretary from accepting an let me also say that, as a former teach- 5110 of this title. application for the selection of federal land er and a future teacher, I appreciate ‘‘(2)(A) Notwithstanding subsection (g) of if it is determined that the selection is not Mr. STEWART actually working on this section 5110 of this title, the Secretary shall reasonably compact and consolidated, if it piece of legislation that goes to help determine the effective date of an award based on a claim under this section for an in- will create significant management con- education in the State of Utah. No one flicts, if it will adversely affect federal use or dividual described in subparagraph (B) by else is doing that. treating the date on which the individual a recreation site, or if the selection is not in Mr. Speaker, I reserve the balance of the public interest. filed the prior claim specified in clause (i) of Requires consultation with the head of the my time. such subparagraph as the date on which the appropriate federal land agency before ap- Mr. BROWN of Maryland. Mr. Speak- individual filed the claim so awarded under proving any conveyance of federal land. er, I yield back the balance of my time. this section. Requires consultation with any Indian Mr. BISHOP of Utah. Mr. Speaker, I ‘‘(B) An individual described in this sub- tribe affected by the land conveyance, in- urge a ‘‘yes’’ vote, and I yield back the paragraph is a veteran, or a survivor of a cluding any tribe which notifies the Sec- balance of my time. veteran, who meets the following criteria: retary that there is traditional cultural The SPEAKER pro tempore. The ‘‘(i) The veteran or survivor submitted a claim for disability compensation on or after property located within the federal land pro- question is on the motion offered by posed for conveyance to the western State. September 25, 1985, and before January 1, Stipulates the costs of conveyance shall be the gentleman from Utah (Mr. BISHOP) 2019, for a disease covered by this section, shared equally by the Secretary and the that the House suspend the rules and and the claim was denied by reason of the western State. pass the bill, H.R. 4257, as amended. claim not establishing that the disease was

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.016 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5612 CONGRESSIONAL RECORD — HOUSE June 25, 2018 incurred or aggravated by the service of the the claim is approved pursuant to this sec- if the location is not more than 12 nautical veteran. tion. miles seaward of a line commencing on the ‘‘(ii) The veteran or survivor submits a ‘‘(d) DETERMINATION OF OFFSHORE.—Not- southwestern demarcation line of the waters claim for disability compensation on or after withstanding any other provision of law, for of Vietnam and Cambodia and intersecting January 1, 2019, for the same condition cov- purposes of this section, the Secretary shall the following points: ered by the prior claim under clause (i), and treat a location as being offshore of Vietnam

Latitude Longitude ‘‘Points Geographic Names North East

At Hon Nhan Island, Tho Chu Archipelago Kien Giang Province 9°15.0’ 103°27.0’

At Hon Da Island southeast of Hon Khoai Island Minh Hai Province 8°22.8’ 104°52.4’

At Tai Lon Islet, Con Dao Islet in Con Dao-Vung Toa Special Sector 8°37.8’ 106°37.5’

At Bong Lai Islet, Con Dao Islet 8°38.9’ 106°40.3’

At Bay Canh Islet, Con Dao Islet 8°39.7’ 106°42.1’

At Hon Hai Islet (Phu Qui group of islands) Thuan Hai Province 9°58.0’ 109°5.0’

At Hon Doi Islet, Thuan Hai Province 12°39.0’ 109°28.0’

At Dai Lanh point, Phu Khanh Province 12°53.8’ 109°27.2’

At Ong Can Islet, Phu Khanh Province 13°54.0’ 109°21.0’

At Ly Son Islet, Nghia Binh Province 15°23.1’ 109° 9.0’

At Con Co Island, Binh Tri Thien Province 17°10.0’ 107°20.6’

‘‘(e) HERBICIDE AGENT.—In this section, the during the period beginning on January 9, ‘‘(1) a disease specified in paragraph (2) of term ‘herbicide agent’ has the meaning given 1962, and ending on May 7, 1975. subsection (a) of section 1116 of this title that term in section 1116 (a)(3) of this title.’’. (e) REPORTS.—Not later than January 1, that becomes manifest as specified in that (b) CLERICAL AMENDMENT.—The table of 2020, and not later than January 1, 2022, the paragraph; or sections at the beginning of such chapter is Secretary of Veterans Affairs shall submit to ‘‘(2) any additional disease that— amended by inserting after the item relating the Committees on Veterans’ Affairs of the ‘‘(A) the Secretary determines in regula- to section 1116 the following new item: House of Representatives and the Senate a tions warrants a presumption of service-con- ‘‘1116A. Presumptions of service connection report on claims for disability compensation nection by reason of having positive associa- for veterans who served off- under section 1116A of title 38, United States tion with exposure to an herbicide agent; and shore of the Republic of Viet- Code, as added by subsection (a). Each report ‘‘(B) becomes manifest within any period nam.’’. shall include the following with respect to prescribed in such regulations. (c) IMPLEMENTATION.— the period covered by the report, ‘‘(c) HERBICIDE AGENT.—For purposes of (1) GUIDANCE.—Notwithstanding section 501 disaggregated by the regional offices of the this section, the term ‘herbicide agent’ has of such title, the Secretary of Veterans Af- Department of Veterans Affairs: the meaning given such term in section fairs may issue guidance to implement sec- (1) The number of claims filed under such tion 1116A of title 38, United States Code, as section. 1821(d) of this title.’’. added by subsection (a). (2) The number of such claims granted. (b) CLERICAL AMENDMENT.—The table of (2) UPDATES.—On a quarterly basis during (3) The number of such claims denied. sections at the beginning of such chapter is (f) HEALTH CARE.—Section 1710(e)(4) of title the period beginning on the date of the en- amended by inserting after the item relating 38, United States Code, is amended by insert- actment of this Act and ending on the date ing ‘‘(including offshore of such Republic as to section 1116A, as added by section 2, the on which regulations are prescribed to carry described in section 1116A(d) of this title)’’ following new item: out such section 1116A, the Secretary shall after ‘‘served on active duty in the Republic submit to the Committees on Veterans’ Af- ‘‘1116B. Presumption of herbicide exposure of Vietnam’’. for certain veterans who served fairs of the House of Representatives and the (g) EFFECTIVE DATE.—The amendments in Korea.’’. Senate updates on the status of such regula- made by this section shall take effect on tions. January 1, 2019. (c) PENDING CASES.— (3) PENDING CASES.— SEC. 3. PRESUMPTION OF HERBICIDE EXPOSURE (1) AUTHORITY TO STAY.—The Secretary (A) AUTHORITY TO STAY.—The Secretary FOR CERTAIN VETERANS WHO may stay a claim described in subparagraph may stay a claim described in subparagraph SERVED IN KOREA. (B) until the date on which the Secretary (B) until the date on which the Secretary (a) IN GENERAL.—Chapter 11 of title 38, commences the implementation of section commences the implementation of such sec- United States Code, is amended by inserting 1116B of title 38, United States Code, as tion 1116A. after section 1116A, as added by section 2, the added by subsection (a). (B) CLAIMS DESCRIBED.—A claim described following new section: (2) CLAIMS DESCRIBED.—A claim described in this subparagraph is a claim for disability ‘‘§ 1116B. Presumption of herbicide exposure in this subparagraph is a claim for disability compensation— for certain veterans who served in Korea compensation— (i) relating to the service and diseases cov- ‘‘(a) PRESUMPTION OF SERVICE-CONNEC- (A) relating to the service and diseases ered by such section 1116A; and TION.—(1) For the purposes of section 1110 of covered by such section 1116B; and (ii) that is pending at the Veterans Bene- this title, and subject to section 1113 of this (B) that is pending at the Veterans Bene- fits Administration or the Board of Vet- title, a disease specified in subsection (b) fits Administration or the Board of Vet- erans’ Appeals on or after the date of the en- that becomes manifest as specified in that erans’ Appeals on or after the date of the enactment of this Act and before the date on subsection in a veteran described in para- actment of this Act and before the date on which the Secretary commences the imple- graph (2) shall be considered to have been in- which the Secretary commences the implementation of such section 1116A. curred or aggravated in the line of duty in mentation of such section 1116B. (d) OUTREACH.— the active military, naval, or air service, (1) REQUIREMENT.—The Secretary of Vet- notwithstanding that there is no record of (d) EFFECTIVE DATE.—The amendments erans Affairs shall conduct outreach to in- evidence of such disease during the period of made by this section shall take effect on form veterans described in paragraph (2) of such service. January 1, 2019. the ability to submit a claim for disability ‘‘(2) A veteran described in this paragraph SEC. 4. BENEFITS FOR CHILDREN OF CERTAIN compensation under section 1116A of title 38, is a veteran who, during active military, United States Code, as added by subsection THAILAND SERVICE VETERANS naval, or air service, served in or near the BORN WITH SPINA BIFIDA. (a). Korean demilitarized zone (DMZ), during the (2) VETERAN DESCRIBED.—A veteran de- period beginning on September 1, 1967, and (a) IN GENERAL.—Subchapter III of chapter scribed in this paragraph is a veteran who, ending on August 31, 1971. 18 of title 38, United States Code, is amended during active military, naval, or air service, ‘‘(b) DISEASES.—A disease specified in this by adding at the end the following new sec- served offshore of the Republic of Vietnam subsection is— tion:

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.017 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5613 ‘‘§ 1822. Benefits for children of certain Thai- (B) in clause (i), by striking ‘‘section 1821 which the Secretary commences the imple- land service veterans born with spina of this title’’ and inserting ‘‘that section’’; mentation of such section 1822. bifida and (e) REPORT.—Not later than 180 days after ‘‘(a) BENEFITS AUTHORIZED.—The Secretary (2) by adding at the end the following new the date of the enactment of this Act, the may provide to any child of a veteran of cov- subparagraph: Secretary of Veterans Affairs, in consulta- ered service in Thailand who is suffering ‘‘(C) For purposes of section 1822 of this tion with the Secretary of Defense, shall sub- from spina bifida the health care, vocational title, an individual, regardless of age or mar- mit to the Committees on Veterans’ Affairs training and rehabilitation, and monetary ital status, who— of the House of Representatives and the Sen- allowance required to be paid to a child of a ‘‘(i) is the natural child of a veteran of cov- ate a report identifying— Vietnam veteran who is suffering from spina ered service in Thailand (as determined for (1) the military installations of the United bifida under subchapter I of this chapter as if purposes of that section); and States located in Thailand during the period such child of a veteran of covered service in ‘‘(ii) was conceived after the date on which beginning on January 9, 1962, and ending on Thailand were a child of a Vietnam veteran that veteran first entered service described May 7, 1975, at which an herbicide agent (as who is suffering from spina bifida under such in subsection (c) of that section.’’. defined in section 1822 of title 38, United (c) CLERICAL AMENDMENTS.— subchapter. States Code, as added by subsection (a)) was (1) SUBCHAPTER HEADING.—The heading for ‘‘(b) SPINA BIFIDA CONDITIONS COVERED.— actively used; and subchapter III of chapter 18 of such title is This section applies with respect to all forms (2) the period of such use. amended by inserting ‘‘AND THAILAND’’ and manifestations of spina bifida, except (f) EFFECTIVE DATE.—The amendments after ‘‘KOREA’’. spina bifida occulta. made by this section shall take effect on (2) TABLE OF SECTIONS.—The table of sec- January 1, 2019. ‘‘(c) VETERAN OF COVERED SERVICE IN THAI- tions at the beginning of chapter 18 of such LAND.—For purposes of this section, a vet- title is amended— SEC. 5. UPDATED REPORT ON CERTAIN GULF WAR ILLNESS STUDY. eran of covered service in Thailand is any in- (A) by striking the item relating to sub- Not later than 180 days after the date of dividual, without regard to the characteriza- chapter III and inserting the following new the enactment of this Act, the Secretary of tion of that individual’s service, who— item: ‘‘(1) served in the active military, naval, or Veterans Affairs shall submit to the Com- ‘‘SUBCHAPTER III—CHILDREN OF CERTAIN KOREA air service in Thailand, as determined by the mittees on Veterans’ Affairs of the House of AND THAILAND SERVICE VETERANS BORN WITH Secretary in consultation with the Secretary Representatives and the Senate an updated SPINA BIFIDA’’; of Defense, during the period beginning on report on the findings, as of the date of the January 9, 1962, and ending on May 7, 1975; and updated report, of the Follow-up Study of a and (B) by inserting after the item relating to National Cohort of Gulf War and Gulf Era ‘‘(2) is determined by the Secretary, in con- section 1821 the following new item: Veterans under the epidemiology program of sultation with the Secretary of Defense, to ‘‘1822. Benefits for children of certain Thai- the Department of Veterans Affairs. have been exposed to a herbicide agent dur- land service veterans born with SEC. 6. LOANS GUARANTEED UNDER HOME LOAN ing such service in Thailand. spina bifida.’’. PROGRAM OF DEPARTMENT OF VET- ‘‘(d) HERBICIDE AGENT.—For purposes of (d) PENDING CASES.— ERANS AFFAIRS. this section, the term ‘herbicide agent’ (1) AUTHORITY TO STAY.—The Secretary (a) ADJUSTMENT OF LOAN LIMIT.—Section means a chemical in a herbicide used in sup- may stay a claim described in subparagraph 3703(a)(1) of title 38, United States Code, is port of United States and allied military op- (B) until the date on which the Secretary amended— erations in Thailand, as determined by the commences the implementation of section (1) in subparagraph (A)(i)(IV)— Secretary in consultation with the Secretary 1822 of title 38, United States Code, as added (A) by striking ‘‘the lesser of’’; and of Defense, during the period beginning on by subsection (a). (B) by striking ‘‘or 25 percent of the loan’’; January 9, 1962, and ending on May 7, 1975.’’. (2) CLAIMS DESCRIBED.—A claim described and (b) CONFORMING AMENDMENT TO DEFINITION in this subparagraph is a claim for benefits— (2) in subparagraph (C), by striking OF ‘‘CHILD’’.—Section 1831(1) of such title is (A) relating to the spina bifida and service ‘‘Freddie Mac’’ and all that follows through amended— covered by such section 1822; and the period at the end and inserting ‘‘amount (1) in subparagraph (B)— (B) that is pending at the Veterans Bene- of the loan.’’. (A) by striking ‘‘subchapter III of this fits Administration or the Board of Vet- (b) LOAN FEES.—Section 3729(b)(2) of such chapter’’ and inserting ‘‘section 1821 of this erans’ Appeals on or after the date of the en- title is amended by striking the loan fee title’’; and actment of this Act and before the date on table and inserting the following:

‘‘Type of loan Active duty veteran Reservist Other obligor

(A)(i) Initial loan described in section 3710(a) to purchase or construct a 2.15 2.40 NA dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before January 1, 2019) (A)(ii) Initial loan described in section 3710(a) to purchase or construct 2.40 2.40 NA a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2019, and before December 1, 2027) (A)(iii) Initial loan described in section 3710(a) to purchase or construct 2.15 2.15 NA a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after Decem- ber 1, 2027, and before October 1, 2028) (A)(iv) Initial loan described in section 3710(a) to purchase or construct 1.40 1.40 NA a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2028) (B)(i) Subsequent loan described in section 3710(a) to purchase or con- 3.30 3.30 NA struct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2004, and before Janu- ary 1, 2019) (B)(ii) Subsequent loan described in section 3710(a) to purchase or con- 3.80 3.80 NA struct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January 1, 2019, and before De- cember 1, 2027) (B)(iii) Subsequent loan described in section 3710(a) to purchase or con- 3.30 3.30 NA struct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after December 1, 2027, and before Oc- tober 1, 2028) (B)(iv) Subsequent loan described in section 3710(a) to purchase or con- 1.25 1.25 NA struct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2028) (C)(i) Loan described in section 3710(a) to purchase or construct a dwell- 1.50 1.75 NA ing with 5-down (closed before January 1, 2019)

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‘‘Type of loan Active duty veteran Reservist Other obligor

(C)(ii) Loan described in section 3710(a) to purchase or construct a 1.75 1.75 NA dwelling with 5-down (closed on or after January 1, 2019, and before December 1, 2027) (C)(iii) Loan described in section 3710(a) to purchase or construct a 1.50 1.50 NA dwelling with 5-down (closed on or after December 1, 2027, and before October 1, 2028) (C)(iv) Loan described in section 3710(a) to purchase or construct a 0.75 0.75 NA dwelling with 5-down (closed on or after October 1, 2028) (D)(i) Loan described in section 3710(a) to purchase or construct a 1.25 1.50 NA dwelling with 10-down (closed before January 1, 2019) (D)(ii) Loan described in section 3710(a) to purchase or construct a 1.45 1.45 NA dwelling with 10-down (closed on or after January 1, 2019, and before December 1, 2027) (D)(iii) Loan described in section 3710(a) to purchase or construct a 1.25 1.25 NA dwelling with 10-down (closed on or after December 1, 2027, and before October 1, 2028) (D)(iv) Loan described in section 3710(a) to purchase or construct a 0.50 0.50 NA dwelling with 10-down (closed on or after October 1, 2028) (E) Interest rate reduction refinancing loan 0.50 0.50 NA (F) Direct loan under section 3711 1.00 1.00 NA (G) Manufactured home loan under section 3712 (other than an interest 1.00 1.00 NA rate reduction refinancing loan) (H) Loan to Native American veteran under section 3762 (other than an 1.25 1.25 NA interest rate reduction refinancing loan) (I) Loan assumption under section 3714 0.50 0.50 0.50 (J) Loan under section 3733(a) 2.25 2.25 2.25’’.

(c) WAIVER OF FEES FOR PURPLE HEART RE- fairs may issue guidance to implement this water Navy veterans who served off- CIPIENTS; COLLECTION OF CERTAIN LOAN section before prescribing new regulations shore of Vietnam were excluded from FEES.—Section 3729(c) of such title is amend- under sections 3731 of such title, as amended the presumption. VA denies these bene- ed— by subsection (a). fits because it claims there is not (1) in paragraph (1)— The SPEAKER pro tempore. Pursu- enough scientific information to deter- (A) by striking ‘‘A fee’’ and inserting ‘‘Sub- ant to the rule, the gentleman from ject to paragraph (3), a fee’’; mine whether blue water Navy vet- (B) by striking ‘‘or from a surviving Tennessee (Mr. ROE) and the gentleman erans came into contact with herbi- spouse’’ and inserting ‘‘, from a surviving from California (Mr. TAKANO) each will cides in amounts meaningful to cause spouse’’; and control 20 minutes. disease. (C) by inserting before the period at the The Chair recognizes the gentleman Mr. Speaker, I have read the science, end the following: ‘‘, or from a member of from Tennessee. and, unfortunately, we will never be the Armed Forces serving on active duty GENERAL LEAVE able to prove whether blue water Navy who was awarded the Purple Heart’’. Mr. ROE of Tennessee. Mr. Speaker, I veterans were harmed by herbicides. (2) by adding at the end the following new But I have said this before and I will paragraph: ask unanimous consent that all Mem- ‘‘(3) A fee shall be collected under this sec- bers may have 5 legislative days in say it again: When too many years tion from any veteran with a service-con- which to revise and extend their re- have passed—over four decades, in this nected disability rated as less than total, marks and insert extraneous material. case—to meaningfully determine the any surviving spouse of such a veteran, and The SPEAKER pro tempore. Is there science, the presumption should be any member of the Armed Forces who, on or objection to the request of the gen- heavily in favor of the veteran. after January 1, 2019, receives a loan in an tleman from Tennessee? Moreover, I am pleased that the bill amount that exceeds the Freddie Mac con- There was no objection. would help veterans who may have forming loan limit limitation determined been harmed by exposure to herbicides under section 305(a)(2) of the Federal Home Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may con- while serving areas outside the Repub- Loan Mortgage Corporation Act (12 U.S.C. lic of Vietnam. 1454(a)(2)) for a single-family residence, as sume. H.R. 299, as amended, incorporates a adjusted for the year involved.’’. Mr. Speaker, I rise today in support proposal authored by Representative (d) EFFECTIVE DATE.—The amendments of H.R. 299, the Blue Water Navy Viet- TOM MACARTHUR, which would extend made by this section shall apply with respect nam Veterans Act of 2018, which was to a loan guaranteed under section 3710 of the presumption to veterans who introduced by Representative VALADAO title 38, United States Code, on or after Jan- served in or near the Korean Demili- uary 1, 2019. of California. tarized Zone beginning on September 1, (e) GUIDANCE.—Notwithstanding section 501 H.R. 299, as amended, would finally 1967, which is the month when the mili- of such title, the Secretary of Veterans Af- extend the presumption of exposure to tary began testing herbicides in that fairs may issue guidance to implement this Agent Orange to blue water Navy vet- section before prescribing new regulations area. The end date of the presumption erans. I am grateful to Mr. VALADAO period would remain the same as it is under sections 3703 and 3729 of such title, as for introducing this long overdue bill, amended by subsections (a), (b), and (c). now, which is August 31, 1971. but I also thank my colleagues on the SEC. 7. INFORMATION GATHERING FOR DEPART- This legislation would also require MENT OF VETERANS AFFAIRS HOME House Committee on Veterans’ Affairs VA to identify U.S. military bases lo- LOAN APPRAISALS. for working with us in a bipartisan cated in Thailand where Agent Orange (a) IN GENERAL.—Section 3731(b) of title 38, manner to find an acceptable way to was used and when it was used. United States Code, is amended by adding at pay for this bill. Additionally, this bill includes a pro- the end the following new paragraph: As many of you know, Agent Orange ‘‘(3) The Secretary shall permit an ap- posal authored by Representative praiser on a list developed and maintained was used in Vietnam to defoliate areas WESTERMAN of Arkansas, which would under subsection (a)(3) to make an appraisal in the jungle where enemy forces would require VA to provide benefits for chil- for the purposes of this chapter based solely come and ambush our troops. Unfortu- dren who were born with spina bifida if on information gathered by a person with nately, many Vietnam veterans have one or both parents may have been ex- whom the appraiser has entered into an developed diseases as a result of their posed to Agent Orange while serving in agreement for such services.’’. exposure to Agent Orange. Thailand, just as VA does for children (b) EFFECTIVE DATE.—The amendments Currently, VA only extends a pre- with spina bifida if their parents served made by this section shall apply with respect sumption of exposure to Vietnam vet- to an appraisal under section 3731 of such in Vietnam or the Korean DMZ while title, on or after January 1, 2019. erans who actually set foot in Vietnam Agent Orange was used. (c) GUIDANCE.—Notwithstanding section 501 or served in the inland waterways, or The manager’s amendment makes of such title, the Secretary of Veterans Af- the brown water Navy, we call it. Blue some technical changes to ensure that

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.017 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5615 all Vietnam naval veterans who served zations, working with staff, and agree- for Agent Orange exposure to children within 12 miles offshore of Vietnam ing to find an alternative funding born with spina bifida to veteran par- during the war are eligible for the pre- source to right this wrong. I am proud ents exposed in Thailand. sumption. The manager’s amendment that this committee was able to, once Lastly, the bill mandates that VA re- also makes technical changes to clarify again, reach a bipartisan agreement to port to Congress within 180 days after the intent of this bill, including ensur- move forward with legislation that enactment on the result of the epide- ing surviving spouses are eligible for does what is right for our Nation’s vet- miological study conducted on Gulf retroactive benefits and authorizes VA erans. War veterans who are suffering from to start paying benefits before the final While there was disagreement about Gulf War illness. regulations are issued. the pay-for in the past, the solution in I am proud that we are fixing this Additionally, H.R. 299, as amended, this bill is fair. It does not cut benefits broken promise to the blue water vet- would include several improvements to for one group of veterans to pay for the erans today; but there are many others the VA’s home loan program, intro- benefits of others. It requires all vet- in the making, and we need to address duced by several Members, including erans, whether they served on Active them as soon as possible. changes to VA’s home appraisal sys- Duty, in the Reserves, or as guardsmen Mr. Speaker, I reserve the balance of tem, which was introduced by Rep- and -women, to pay for the same VA my time. resentative ARRINGTON; and expansion home loan funding fee. Mr. ROE of Tennessee. Mr. Speaker, I of the conforming loan limit, which With the move to an operational Re- appreciate the kind words from my would allow veterans to use their serve, reservists and guardsmen and friend Mr. TAKANO. We worked together earned VA loan benefits in more expen- -women are deploying alongside Active closely on the committee. sive areas, if they qualify. This provi- Duty servicemembers into harm’s way. Mr. Speaker, I yield 3 minutes to the sion was introduced by Representative It is fair for VA to charge the same fee gentleman from California (Mr. ZELDIN. across the board. The funding fee al- VALADAO), the lead sponsor of this bill, b 1645 lows the VA to continue guaranteeing who has doggedly pursued this. This issue has been a problem for decades. Extension of the waiver of home loan home loans to current and future serv- Finally, tonight, on the House side, we funding fees to recipients of the Purple icemembers and veterans. Disabled vet- are going to come to a conclusion. Heart who are still serving on Active erans are exempt from paying the fee. Mr. VALADAO. Mr. Speaker, I rise Duty was introduced by Representative Now, we were able to do this by working together, and I want to thank today to urge my colleagues in the HERRERA BEUTLER, and temporary in- House to support my legislation, H.R. creases to VA’s home loan funding fees Chairman ROE for identifying the solu- 299, the Blue Water Navy Vietnam Vet- for nondisabled veterans, to offset the tion. A special measure of credit must erans Act. cost of this bill. also go to the Vietnam Veterans of I want to thank all of our VSO part- America for their steadfast advocacy More than 6 decades ago, the United ners for their support and for helping for blue water veterans. Because of States deployed troops to Vietnam to us craft a bill that finally addresses the VVA’s efforts, it is my hope that never fight communism and protect our na- plight of blue water Navy veterans. again will another group of veterans tional security interests abroad. Over Specifically, I want to thank the Vet- face the same problems that they did. the course of 20 years, American troops erans of Foreign Wars of the United I would also like to add that, before fought side by side with Vietnamese States, the Disabled American Vet- we take this historic vote, we must re- forces. Tragically, more than 58,000 erans, the American Legion, the Viet- member toxic exposures continue to American soldiers lost their lives dur- nam Veterans of America, the Fleet occur. Since 9/11, servicemembers have ing the conflict. Reserve Association, the Military been exposed to burn pits and However, in the aftermath of the Order of the Purple Heart, the Para- mefloquine, both of which are likely war, the United States government lyzed Veterans of America, the Blue causing serious health complications. linked chemicals in Agent Orange, a Water Vietnam Veteran Association, And we can’t forget our servicemem- powerful herbicide used by U.S. forces, Military Veterans Advocacy, and the bers who have been exposed to atomic to many harmful medical conditions Military Officers Association of Amer- radiation and those struggling with affecting those who served in or around ica. Gulf War illnesses. Not every exposure Vietnam. Mr. Speaker, I urge my colleagues to can be avoided, but their risks should While the Federal Government has support H.R. 299, as amended, and I re- be tracked, understood, and mitigated. provided for those who have served on serve the balance of my time. The servicemember must receive time- Vietnamese soil, those who have served Mr. TAKANO. Mr. Speaker, I yield ly healthcare and disability compensa- in the territorial seas of the Republic myself such time as I may consume. tion if exposure causes adverse health of Vietnam lack the compensation and Mr. Speaker, I rise in support of H.R. conditions and disease. treatment they deserve. 299, as amended, the Blue Water Navy We must build a system that Despite undeniable evidence that Vietnam Veterans Act. It has taken proactively identifies, investigates, di- Agent Orange entered the South China years of dedicated advocacy and bipar- agnoses, treats, and heals toxic expo- Sea and contaminated shipboard sys- tisanship to get us here today. I would sures, as well as one that also holds the tems and countless studies that clearly especially like to recognize Ranking Department of Defense accountable. show the connection between Agent Or- Member WALZ, who could not be here My feeling is that, if we are using ange and higher rates of serious disease today but was a driving force behind presumptions, it means that we are al- among shipboard veterans, the Depart- this legislation. ready losing the battle. It means we ment of Veterans Affairs continues to H.R. 299 is an important step toward haven’t documented who was exposed deny claims from the blue water Navy rectifying a longstanding injustice for to what, so we are just going to assume Vietnam veterans. veterans who were made sick from ex- that everyone was exposed. The brave sailors who served in the posure to Agent Orange in Vietnam H.R. 299 makes other important re- Vietnam war were willing to pay the more than 50 years ago. forms, including adjusting the date of ultimate price for their country, and Passage of this legislation will ex- the presumption for veterans exposed many did just that. Providing adequate tend eligibility to 90,000 veterans who to Agent Orange and in the Korean medical care to those who survive served in Vietnam and may have been DMZ, so that those exposed during a when they return home is the least we exposed to this dangerous chemical. period of testing become eligible. It di- can do to show our appreciation for Some thought this day would never rects the Secretary to reach out to vet- their service. come for the blue water Navy veterans. erans who have previously been denied My bill, H.R. 299, the Blue Water Finding over $1 billion in the Federal to inform them of the new law and how Navy Vietnam Veterans Act, would re- budget is not an easy task. Many peo- to file a new claim. store the presumption of service con- ple even said it was impossible. The bill also requires that VA use nection to the blue water Navy vet- I thank the chairman for sitting language that is easily understood. erans, ensuring they receive proper down with the veteran service organi- H.R. 299 also expands the presumption treatment for the health conditions

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.040 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5616 CONGRESSIONAL RECORD — HOUSE June 25, 2018 they acquired in their service to our nical rule that defies common sense— Mr. Speaker, I am so proud to serve Nation. and open a path for folks who served in on this committee. Let’s pass this good Since I was elected, I have fought to the U.S. Navy, our sea forces, to make bill and get it to the Senate. ensure our Nation’s veterans have sure that they get equal treatment in b 1700 proper medical care, which is why I terms of getting the care that they first introduced this legislation. How- need and, frankly, that they have Mr. TAKANO. Mr. Speaker, I con- ever, passage of this bill today would earned. tinue to reserve the balance of my not be possible without Mrs. Susie If you look at some of the other time. Belanger, who worked tirelessly to countries that have dealt with this Mr. ROE of Tennessee. Mr. Speaker, I raise awareness of this issue; Chairman issue, like the Royal Navy of Australia, yield 1 minute to the gentlewoman from American Samoa (Mrs. PHIL ROE and the House Veterans’ Af- they have actually shown that folks fairs Committee staff for their unwav- who served in the Royal Australian RADEWAGEN), one of the senior mem- ering support; and the dedication of Navy in Vietnam, one of our great al- bers of our Veterans’ Affairs Com- thousands of Americans who called lies during that conflict, actually had a mittee and an incredible support for their representatives, urging they co- higher incidence of cancer than folks our Nation’s heroes. Mrs. RADEWAGEN. Mr. Speaker, I sponsor this legislation. who served in the land forces. rise today in support of H.R. 299. Every day, thousands of brave vet- So it is high time that we move for- American Samoa is home to a great erans who served in the Vietnam war ward with this measure, again, with all many veterans, especially on a per cap- fight the health effects of Agent Or- the grassroots support across the coun- ita basis, as our people enlist at high ange exposure. Many are in pain and try with all the VSOs. Paul Dillon, a rates in the U.S. Armed Forces. On suffering. It is far past time we pass retired master chief petty officer who their behalf, I am pleased to support this critical legislation and give them served in the U.S. Navy, who is from the bipartisan Blue Water Navy Viet- the comfort and care they deserve. Gales Ferry, Connecticut, is watching nam Veterans Act, recognizing the re- Mr. TAKANO. Mr. Speaker, I yield 3 like a hawk this measure, as are many alities faced by those veterans who minutes to the gentleman from Con- of his colleagues who served in that served in the region’s waters. necticut (Mr. COURTNEY), my good era. I think they are going to feel some On a personal note, my older brother friend and colleague, who has been served in the U.S. Navy in the Gulf of with this issue since four Congresses measure of confidence that the system actually listened to the external pres- Tonkin and other area waters during ago. He is the original, first Demo- Vietnam. This legislation recognizes cratic cosponsor on the current bill be- sure that has built up year in and year out since 2001 to restore justice in the the nature of the service of these vet- fore us. It is my honor to yield to him. erans who did their duty in wartime. Mr. COURTNEY. Mr. Speaker, I want VA system, to make sure that those This bill honors their mission and to thank Mr. TAKANO for yielding and who served on the seas are treated the helps keep the commitments we owe for his hard work on the Veterans’ Af- same way as those who served on the our veterans. fairs Committee to bring this impor- ground in that conflict. Mr. Speaker, I strongly urge passage Mr. TAKANO. Mr. Speaker, I con- tant milestone for Vietnam veterans to tinue to reserve the balance of my the floor today. And I also want to of this measure and, again, congratulate the hard work of those on the Vet- time. thank Chairman ROE for the hard work Mr. ROE of Tennessee. Mr. Speaker, I that obviously went in in terms of the erans’ Affairs Committee. Mr. ROE of Tennessee. Mr. Speaker, I yield 11⁄2 minutes to the gentleman markup process, the negotiations with yield 1 minute to the gentleman from from Michigan (Mr. BERGMAN), chair- all the different members, and to make Florida (Mr. BILIRAKIS), vice chair of man of the Oversight and Investiga- all the pieces fit together; and your the committee and one of the most ar- tions Subcommittee and a Vietnam colleague, the ranking member, Mr. dent supporters of our Nation’s vet- veteran. WALZ, who, again, was a partner erans. Mr. BERGMAN. Mr. Speaker, I rise through that process; Mr. VALADAO, Mr. BILIRAKIS. Mr. Speaker, I rise today in support of H.R. 299, the Blue who is, again, the lead sponsor as well. today in strong support of H.R. 299, the Water Navy Vietnam Veterans Act. Again, this is a real team effort. blue water Navy Vietnam Veterans Mr. Speaker, I witnessed firsthand There were 330 cosponsors to this Act. the scope of Agent Orange exposure ex- bill, which, frankly, there are not a lot Mr. Speaker, this is really a great perienced by our servicemen and of bills that you can really say that day in the United States Congress, Mr. -women while in Vietnam. I am one of about. Obviously, there were some im- Speaker, and a great day for our he- that group of veterans. pediments that we had to sort of work roes, our blue water Navy veterans. Congress recognized the dangerous our way through. This was good, hard This important piece of legislation will health consequences of exposure by work, real legislating, that brought enable blue water Navy veterans to re- passing the Agent Orange Act of 1991, this measure to the floor. ceive the compensation benefits they which extended disability compensa- As has been said, back in 2001 the VA have earned and deserve. tion to veterans who served in Vietnam ruled against a Navy veteran, Mr. Jon- In 2002, the VA unjustly removed the or its inland waterways between the athan Haas, who served on the ammu- disability eligibility to almost 100,000 years of 1962 and 1975. While the Agent nition ship USS Mount Katmai off the veterans who served in the territorial Orange Act provided benefits for tens coast of Vietnam, in his attempt to get seas of Vietnam during the Vietnam of thousands of Vietnam mainland vet- Agent Orange benefits using the pre- war. This bill restores the presumption erans, it overlooked the blue water sumption that, again, extended to folks of service connection for those suf- Navy veterans who served on the ships who served on the ground forces. fering from diseases that have been off of the coast. Again, the foot-on-the-ground rule was linked to Agent Orange. Those dedicated veterans served our used by the VA to deny Mr. Haas his Our Nation’s heroes have answered country honorably and are now dealing claim; and, again, it has acted as an ob- the call to protect the liberties we with health problems due to Agent Or- stacle ever since. enjoy on a daily basis. Today it is our ange exposure. This is why I am a In the 112th Congress, a Blue Water turn to answer the call and assist our proud cosponsor of H.R. 299, which ex- Vietnam Veterans Act was introduced veterans in return. I urge my col- tends the disability benefits to vet- in 2011. Didn’t pass. In the 113th Con- leagues to support this very important erans who served in the blue water gress, a similar bill was introduced, bill. Navy in Vietnam. and it didn’t pass. Again, in the last I want to thank Chairman ROE and Mr. Speaker, veterans in Michigan’s Congress, the 114th, in 2015, we had an- Representative VALADAO for leading First District have greatly sacrificed other measure which was introduced the charge and not giving up. I know and earned these benefits, and I look and didn’t pass. we didn’t agree on the pay-for initially. forward to ensuring that their service Yes, we are here today, for the first Chairman ROE did not give up. He is honored. time ever, to address this grave injus- worked tirelessly on behalf of our vet- Mr. Speaker, I urge all my colleagues tice—which uses a very arbitrary, tech- erans. I appreciate it so very much. to support this bill.

VerDate Sep 11 2014 05:56 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.042 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5617 Mr. TAKANO. Mr. Speaker, I con- pretty cut and dry: if you served Amer- CORREA), my good friend and fellow tinue to reserve the balance of my ica through the Armed Forces and were member of the House Committee on time. exposed to Agent Orange, our grateful Veterans’ Affairs, and the former Mr. ROE of Tennessee. Mr. Speaker, I country should cover the medical ex- chairman of the California State As- yield 11⁄2 minutes to the gentleman penses. sembly Committee on Veterans Affairs. from New York (Mr. ZELDIN), a former Our veterans make great sacrifice, Mr. CORREA. Mr. Speaker, I thank member of our committee. and they deserve the best benefits and Mr. TAKANO for yielding. Mr. ZELDIN. Mr. Speaker, I rise in care possible. The Blue Water Navy Mr. Speaker, I thank Ranking Mem- support of H.R. 299, the Blue Water Vietnam Veterans Act is a great step ber WALZ, Mr. VALADAO, and, of course, Navy Vietnam Veterans Act, of which I toward providing these benefits, and I Chairman ROE for their leadership on am a proud cosponsor. commend Chairman ROE and the Vet- H.R. 299, the Blue Water Navy Vietnam Mr. Speaker, I thank the gentleman erans’ Affairs Committee for their Veterans Act. This is a great example from California (Mr. VALADAO) for his work to make this legislation a reality of how Democrats and Republicans incredible leadership introducing this for our veterans. come together to do what is right for important legislation. Mr. TAKANO. Mr. Speaker, I con- our country, as well as our veterans. This bill expands treatment coverage tinue to reserve the balance of my Since the Vietnam war, veterans for those affected by Agent Orange to time. have reported numerous health complications, including different forms of not only those who served on the Mr. ROE of Tennessee. Mr. Speaker, I 1 cancer related to the exposure to Agent ground, but to those servicemembers, am pleased to yield 1 ⁄2 minutes to the gentleman from Nebraska (Mr. BACON), Orange. who are known as blue water Navy While the Department of Veterans vets, who were affected while serving an Air Force career officer. Mr. BACON. Mr. Speaker, I am a co- Affairs currently presumes that vet- our Nation at sea. erans who served on the ground in In my home county of Suffolk, which sponsor on this bill, and I urge support for the Blue Water Navy Vietnam Vet- Vietnam or in the Vietnamese river has the highest concentration of vet- system were exposed to Agent Orange, erans in the State of New York, hun- erans Act, H.R. 299. Our sailors, when they were off the that presumption has not extended to dreds of Vietnam veterans and their coast of Vietnam, thought that they the blue water Navy veterans, that is, families will now be able to receive the were safe from Agent Orange, but that those veterans who served off of the benefits they have earned. These brave water was sucked into the ships. It was Vietnam coast. servicemembers have put their lives on used for shower water, used to wash This bill, thank God, corrects that the line for our great Nation, and they their clothes, and our sailors were im- decades-long mistake and expands that have earned nothing less than the high- pacted by it. Now we know that not presumption to those who served in the est quality of care. only them, but their children and blue water Navy off of the Vietnam Additionally, this legislation in- grandchildren have also been impacted coast and ensures equal treatment for cludes my bill, the Flexible VA Loan at times. So it is far time that we all of our veterans. Guarantee Act, which expands a vet- Additionally, the bill expands the passed this bill and provide protections eran’s opportunity for homeownership dates of presumption to those who to our veterans who are now suffering by eliminating the loan limit the VA served along the Korean Demilitarized the consequences of Agent Orange. can guarantee. This is especially crit- Mr. Speaker, I thank the leadership Zone and authorizes benefits for chil- ical in districts like mine, where the dren born with spina bifida due to a of Chairman ROE and Mr. VALADAO for parent’s exposure to Agent Orange. median home prices are higher. what they are doing here. This is the Mr. Speaker, I thank Chairman ROE This bill, Mr. Speaker, is long over- right thing to do. due, and the benefits will possibly for bringing this bill to the floor, and I I have talked to so many sailors who change the lives of those veterans who urge all of my colleagues to support have been impacted by this, and I know served in the defense of our country our Nation’s veterans by voting in they will be relieved to have this bill and in the defense of freedom of those favor of this commonsense legislation. passed. I thank them both, and I thank Mr. TAKANO. Mr. Speaker, I con- around the world. the minority side as well. Mr. Speaker, I urge passage of H.R. tinue to reserve the balance of my Mr. TAKANO. Mr. Speaker, how time. 299. much time is remaining on my side? Mr. ROE of Tennessee. Mr. Speaker, I Mr. ROE of Tennessee. Mr. Speaker, I The SPEAKER pro tempore (Mr. yield 1 minute to the gentleman from have no other speakers and am pre- HOLDING). The gentleman from Cali- pared to close, so I reserve the balance Arkansas (Mr. WESTERMAN), my good 1 fornia has 11 ⁄2 minutes remaining. of my time. friend. Mr. TAKANO. Mr. Speaker, I yield Mr. TAKANO. Mr. Speaker, I yield Mr. WESTERMAN. Mr. Speaker, I myself such time as I may consume. myself the balance of my time. thank Chairman ROE and Mr. VALADAO Mr. Speaker, I just want to offer my Mr. Speaker, in closing, I again want for their strong leadership on this reflections on the persistence of both to thank Chairman ROE for bringing issue. Chairman ROE and Ranking Member forth this very important legislation. I Mr. Speaker, I rise today in support WALZ. I think it is a great injustice also want to acknowledge, again, the of H.R. 299, the Blue Water Navy Viet- that Mr. WALZ could not be here today ranking member, TIM WALZ, for work- nam Veterans Act. because I know how hard he worked ing so hard to bring this legislation to Our Nation’s warfighters are told with Chairman ROE to find a pay-for. the floor. It was a long time coming. It they will receive benefits and coverage Let me say, also, for the folks back was introduced four Congresses ago. through the VA because of their serv- in my own district, in Riverside Coun- I believe that this is a shining mo- ice, but reality shows this has not al- ty, Riverside County has the eighth or ment for the Veterans’ Affairs Com- ways been the case, as with Agent Or- ninth largest absolute population of mittee and a shining moment for this ange. This legislation would correct veterans in the Nation, depending on Congress, for the people of this country the issue by providing rightly earned what year you are counting. But every to see us come together and do some- benefits to men and women who were year, we have an event known as West thing that has been long overdue for exposed to the herbicide Agent Orange Coast Thunder of mostly Harley-David- our Vietnam veterans, often who were during their time of service. son riders who ride from the Harley- not welcomed home in the way that Also included in the Blue Water Navy Davidson shop to Riverside National they should have been. This is a small Vietnam Veterans Act is language Cemetery. Most of those riders are gesture of what we can do to make from my bipartisan bill, H.R. 4843, that Vietnam veterans. I know back home amends for that lack of a proper wel- provides coverage for children with in my district that the veterans sup- coming home. This is a very proud mo- spina bifida due to a parent’s exposure port committee is going to be thrilled ment for me. to Agent Orange. that Congress came together on this Mr. Speaker, I urge my colleagues to I thank Bill Rhodes, a veteran in my important legislation. join me in passing H.R. 299, as amend- district, who has advocated tirelessly Mr. Speaker, I yield 2 minutes to the ed, and I yield back the balance of my for his fellow veterans. I think it is gentleman from California (Mr. time.

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.044 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5618 CONGRESSIONAL RECORD — HOUSE June 25, 2018 Mr. ROE of Tennessee. Mr. Speaker, I the expansion of these benefits and we join substances was sprayed to remove jungle fo- yield myself the balance of my time. you in celebrating this legislative victory liage around fire bases and to deny the Mr. Speaker, I include in the RECORD which equalizes benefits for those who have enemy the ability to grow or harvest crops. letters of support for H.R. 299 from the worn our nation’s uniform. We look forward As you know, toxic chemicals in these herbi- 10 veterans service organizations I to an expeditious process that will lead to cides have been linked to several afflictions, this legislation’s passage into law as soon as including non-Hodgkin’s lymphoma, various mentioned earlier. possible. cancers, Type II diabetes, and Parkinson’s VETERANS OF FOREIGN WARS Sincerely, disease. The Agent Orange Act of 1991 em- OF THE UNITED STATES, CARLOS U. FUENTES, powered the VA Secretary to declare certain Kansas City, MO, May 7, 2018. Director, illnesses presumptive to exposure to Agent Hon. JOHNNY ISAKSON, VFW National Legislative Service. Orange, enabling veterans who served in Chairman, Senate Committee on Veterans’ Af- Southeast Asia to receive health care and fairs, Washington, DC. MILITARY OFFICERS ASSOCIATION disability compensation for these afflictions. Hon. DAVID P. ROE, M.D., OF AMERICA, In March 2002, however, the VA ceased Chairman, House Committee on Veterans’ Af- Alexandria, VA, May 7, 2018. awarding benefits to so-called blue water fairs, Washington, DC. Hon. PHIL ROE, veterans, limiting those eligible only to Hon. JON TESTER, Chairman, House Committee on Veterans’ Af- ‘‘boots on the ground’’ in-country vets. Ranking Member, Senate Committee on Vet- fairs, Washington, DC. There was no scientific basis for this move erans’ Affairs, Washington, DC. Hon. TIM WALZ, by the VA, nor any involvement of real sci- Hon. TIM WALZ, Ranking Member, House Committee on Vet- entists in this money driven bureaucratic de- Ranking Member, House Committee on Vet- erans’ Affairs, Washington, DC. cision. It is time that this wrong done to erans’ Affairs, Washington, DC. DEAR CHAIRMAN ROE AND RANKING MEMBER Blue Water veterans of Vietnam, and their DEAR CHAIRMEN ISAKSON AND ROE, RANKING WALZ: On behalf of the over 350,000 members families be set right. The Institute of Medi- MEMBERS TESTER AND WALZ: On behalf of the of the Military Officers Association of Amer- cine (IOM) firmly established the biological men and women of the Veterans of Foreign ica, I am writing to you about H.R. 299, the plausibility for the exposure of these faith- Wars of the United States (VFW) and its Blue Water Navy Vietnam Veterans Act, and fully serving sailors. the ‘‘discussion draft’’ that I understand will Auxiliary, we are proud to offer our support The addition of those who served on the for H.R.299, the Blue Water Navy Vietnam be introduced imminently. MOAA appreciates the open dialogue you have both main- DMZ in Korea at any time corrects another Veterans Act of 2017, as amended, which injustice of the VA bureaucratic decision- would expand benefits for veterans who were tained in the process of formulating this solution to a decades old injustice to our Viet- making that also had no basis in fact. After exposed to toxic substances during their the spraying of the herbicides in heavy doses military service. nam veterans. The VFW strongly agrees with the Court of MOAA has always supported restoring the along this limited area, nothing was ever Appeals for Veterans Claims that it is arbi- presumption of herbicide exposure to Blue done to clean up the soil or the groundwater, trary and capricious for veterans who have Water Navy Veterans. MOAA further sup- so that all who served later were exposed, served aboard ships in the coastal waters of ports the extension of the presumption to and therefore should be eligible for benefits Vietnam to be denied presumptive benefits veterans who served on the Korean DMZ and health care as well. associated with Agent Orange exposure. For from September 1, 1967, to August 31, 1971, as Blue water veterans suffering with any of this reason, we support this legislation to well as benefits to children born with spina the presumptive service-connected maladies end this injustice and ensure Blue Water bifida of veterans who served in Thailand that the VA acknowledges to be associated Navy veterans receive the care and benefits during the Vietnam conflict. with exposure to Agent Orange ought not be I was disappointed with the understanding they deserve. excluded from receiving healthcare services the ‘‘pay for’’ of this disability benefit was The VFW supports expansion of benefits and disability compensation for which their raising VA home loan fees. This resource op- for Korean DMZ veterans who suffer from boots-on-the-ground brother and sister vet- tion places the financial burden solely on diseases and illnesses directly linked to erans are eligible. They, too, served honor- that 1% of the U.S. population who served Agent Orange. While many of these veterans ably and well, and Congressman Valadao’s receive presumptive disability compensation their nation in time of conflict and relieves the remaining 99% of our nation’s population bill, once it is enacted into law, will accord for their service-connected disabilities, hun- them benefits that they have earned. dreds of them are unjustly required to prove of bearing any financial responsibility or li- All of us at Vietnam Veterans of America individual exposure. This legislation would ability. In short, those who sacrificed will provide them the benefits they have been un- continue to sacrifice and subsidize a solution (VVA) are grateful for your bipartisan lead- justly denied. to resolve the toxic exposure of veterans who ership to find an offset, and to at last correct This legislation would also expand cov- provided our nation’s security and defense. the injustice to these veterans and their erage for those children suffering from spina I am, however, grateful that you have in- families. bifida because of their parents’ exposure to cluded a provision that MOAA proposed to Respectfully, Agent Orange while serving in Thailand dur- use a portion of these funds towards a report JOHN ROWAN, ing the Vietnam War. This expansion makes on a follow-up study on certain Gulf War ill- National President/CEO. equal the level of benefits that other chil- nesses. I also sincerely appreciate your com- dren receive if they have parents who were mitment to address additional toxic exposures impacting our veterans in the upcom- PARALYZED VETERANS OF AMERICA, exposed to Agent Orange. Washington, DC, April 20, 2018. The VFW also supports the reporting and ing terms of Congress. For those reasons, Hon. PHIL ROE, outreach requirements in this legislation. MOAA supports H.R. 299 with the proposed Chairman, House Committee on Veterans’ Af- Research related to Gulf War Illness is vital amendments discussed above. to ensuring veterans receive the care and Sincerely, fairs, Washington, DC. benefits they have earned as a result of ill- LT GEN DANA T. ATKINS, DEAR CHAIRMAN ROE: On behalf of Para- nesses and injuries caused by their service. USAF (Ret), lyzed Veterans of America (PVA), I am writ- The outreach and reporting components re- President and CEO. ing to express our support for the House Vet- lated to the Blue Water Navy portion of this erans’ Affairs Committee’s efforts to amend bill would ensure veterans receive the retro- VIETNAM VETERANS OF AMERICA, title 38, United States Code to extend pre- active payments they have earned and allow Silver Spring, MD, April 20, 2018. sumption of exposures to herbicides con- Congress to oversee proper implementation Hon. PHIL ROE, taining dioxin, including Agent Orange, to of the legislation. We must never again allow Chairman, House Veterans’ Affairs Committee, veterans who served in ‘‘blue water’’ areas. these veterans to have their earned benefits Washington, DC. Before 1997, Vietnam Veterans were eligi- taken away. Hon. TIM WALZ, ble for a presumption of exposure to Agent Ensuring equality between the active, Ranking Member, House Veterans’ Affairs Com- Orange and other herbicides if ‘‘during active Guard, and Reserve components of the mili- mittee, Washington, DC. military, naval or air service they had served tary is a key goal of the VFW. For the past DEAR DR. ROE AND CONGRESSMAN WALZ: On in the Republic of Vietnam’’ unless there decade and a half, our country has been send- behalf of the members, officers, and Board of was evidence they had not been exposed to ing National Guardsmen and Reservists into Directors of Vietnam Veterans of America, Agent Orange. This policy was later amended harm’s way at an unprecedented level, and we are writing to you to again voice our sup- so that service on the ground in Vietnam and some of them have been wounded in the line port for H.R. 299, the Blue Water Navy Viet- service in inland waterways ‘‘brown water’’ of duty. The VFW is pleased that H.R. 299, as nam Veterans Act. This legislation would re- was required to receive a presumption of ex- amended, will end arbitrary differences in store presumptive coverage for service-con- posure. home loan fees and show that service in uni- nected ills that afflict several thousand form earns equal opportunity to be a home- naval personnel who served in the Vietnam PVA applauds you for making the nec- owner. theatre of operations—coverage that the De- essary amendments to include veterans who We applaud the efforts that you and your partment of Veterans Affairs abruptly ended had served in ‘‘blue water’’ areas. staff have made to ensure veterans receive in March 2002. Respectfully, the benefits they have earned and deserve. During the Vietnam War, some 20 million CARL BLAKE, The VFW has been a longtime advocate for gallons of ‘‘Agent Orange’’ and other toxic Executive Director.

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MILITARY ORDER OF THE It is imperative that H.R. 299 become law. been applied during that period, shall be pre- PURPLE HEART, Blue Water Navy veterans are dying every sumed to have been exposed during such Springfield, VA, April 20, 2018. day, often leaving their families destitute. service to an herbicide agent. Section 2 Hon. DAVID P. ROE, This bill has been pending for seven years would define the exposure to herbicides as a Chairman, House Veterans’ Affairs Committee, and we must restore the presumption to veteran who, during active military, naval, Washington, DC. those who served in Vietnamese bays. har- or air service, served in or near the Korean DEAR CHAIRMAN ROE: On behalf of the Mili- bors and territorial seas. demilitarized zone (DMZ), during the period tary Order of the Purple Heart (MOPH), Again thank you for your effort on our be- beginning on September 1, 1967, and ending whose membership is comprised entirely of half and I look forward to working with you on August 31, 1971. combat wounded veterans, I am pleased to on other toxic exposure issues in the future. DAV does not have a resolution specific to offer our support for your draft legislation to Sincerely, Section 3 (Loans Guaranteed Under Home extend presumptive service connection for JOHN B. WELLS, Loan Programs of Department of Veterans diseases associated with exposure to Agent Commander USN (Retired), Affairs) or Section 4 (Information Gathering Orange to Vietnam veterans of the Blue Executive Director. for Department of Veterans Affairs Home Water Navy, and veterans who served m the Loan Appraisals) and takes no position on Korean demilitarized zone (DMZ) from Sep- DAV, NATIONAL SERVICE & these sections. tember 1, 1967 to August 31, 1971. LEGISLATIVE HEADQUARTERS, Chairman Roe, thank you for introducing Under the Agent Orange Act of 1991, Con- Washington, DC, April 20, 2018. and moving this important legislation and gress established presumptive service con- Hon. DR. PHIL ROE, for your continued efforts to support our na- nection for Vietnam veterans suffering from Chairman, House Committee on Veterans Af- tion’s veterans disabled in their service. illnesses associated with exposure to herbi- fairs, Washington, DC. Respectfully, cides. Since 2002, however, the Department of DEAR CHAIRMAN ROE: On behalf of DAV and GARRY J. AUGUSTINE, Veterans Affairs (VA) has chosen to inter- our more than one million members, all of Executive Director, pret that law to exclude veterans who served whom were injured or made ill during war- Washington Headquarters. on ships off the coast of Vietnam, commonly time service, I write to offer our support for known as Blue Water Navy veterans. Like approving legislation that would provide a BLUE WATER NAVY VIETNAM you, MOPH recognizes that Blue Water Navy presumption of service connection for ‘‘Blue VETERANS ASSOCIATION, veterans have always suffered from illnesses Water’’ Navy veterans who served in the vi- April 20, 2018. associated with Agent Orange exposure at cinity of the Republic of Vietnam as well as DR. PHIL ROE, high rates, and this decision by VA rep- veterans exposed to Agent Orange near the Chairman of the House Veterans Affairs Com- resents an injustice that should be corrected Korean demilitarized zone (DMZ). mittee, House of Representatives, Wash- immediately. The Agent Orange Act of 1991 required the ington, DC. MOPH also supports the provision of your Department of Veterans Affairs (VA) to pro- DEAR CHAIRMAN ROE: On behalf of the Blue bill that would extend the same presumptive vide presumptive service connection to Viet- Water Navy Vietnam Veterans Association service connection to veterans who served on nam veterans with illnesses that the Na- (BWN), we plead with the United States Con- the Korean DMZ from September 1, 1967 to tional Academy of Sciences directly linked gress to allow the proposed pay for to be August 31, 1971, as they were similarly ex- to Agent Orange exposure. Yet, in 2002, the used in supporting the passage of the Blue posed to Agent Orange while performing VA decided to cover only veterans who could Water Navy Vietnam Veterans Act of 2017, their duties. prove that they had ‘‘boots on the ground’’ which is the sole purpose of our existence as MOPH thanks you for your leadership on during the Vietnam War. Because of this de- an Association. This has been our top pri- this issue, and your continued commitment cision, thousands of Vietnam veterans were ority, and we have worked hard to ensure to veterans and their families. We look for- excluded from receiving benefits although that our Navy Veterans and Shipmates re- ward to working with you to ensure the pas- these ‘‘Blue Water’’ Navy veterans had sig- ceive the benefits that they rightly deserve sage of this important legislation. nificant Agent Orange exposure from drink- for their sacrifices to our nation. Respectfully, ing and bathing in contaminated water just Veteran and Military Service Organiza- tions across this country should be running NEIL VAN ESS, offshore. It is simply inequitable that vet- National Commander. erans who served on ships no more distant to the opportunity to stand for us, consid- from the spraying of herbicides than many ering we have stood for them for more than 50 years. While we were proud to stand with MILITARY—VETERANS ADVOCACY, INC., who served on land have been arbitrarily and them when the original Agent Orange Act Slidell, Louisiana, April 20, 2018. unjustly denied benefits because they are ex- was passed in 1991, in 2002 when our benefits Re Blue Water Navy Vietnam Veterans Act. cluded from the presumption of service connection for herbicide-related disabilities. were stripped from us, we had to go on a 16– Hon. PHIL ROE, DAV strongly supports Section 1 (Clari- year campaign to get many of them to be on Chairman, House Veterans’ Affairs Committee, fication of Presumptions of Exposure for our side again. Washington, DC. Veterans Who Served in Vicinity of Republic The Department of Veterans Affairs (VA) DEAR MR. CHAIRMAN: As you know, Mili- of Vietnam) of the discussion draft dated has failed our nation’s Veterans on this tary—Veterans Advocacy has consistently April 16, 2018, based on DAV Resolution No. issue, and it is now up to Congress to provide supported legislation to correct the plight of 18, which calls for legislation to expressly the requisite medical coverage by passing the Blue Water Navy Vietnam Veterans. In provide that the phrase ‘‘served in the Re- this legislation. If there is every any doubt 2002. the VA Secretary implemented a policy public of Vietnam’’ include service in the why a group of service members are all com- that divested these veterans of the presump- territorial waters offshore. ing down with, and dying from the same ill- tion of Agent Orange exposure. H.R. 299 is Enactment of this legislation would pro- nesses, then the Department of Veterans Af- the current version of the Blue Water Navy vide ‘‘Blue Water’’ Navy Vietnam veterans fairs should have a duty to assist them re- Vietnam Veterans Act which will partially the disability and health care benefits they gardless of the cost. Many of our Shipmates restore this presumption. This bill is widely earned as a result of exposure to Agent Or- have died waiting for the day their benefits supported by the veterans community and ange. Eligibility for VA benefits under this would be restored, and so have their widows. has 329 co-sponsors in the House. legislation would be retroactive to Sep- As we approach the final passage of this leg- I appreciate the fact that you held a Legis- tember 25, 1985, the date VA began providing islation on Memorial Day, we send our lative Hearing on the bill in April of 2017 and disability compensation to veterans with thoughts and prayers to our fallen Ship- attempted a mark-up this past November. I medical disorders related to Agent Orange mates and their loved ones! also understand the constraints of the Pay providing long overdue justice to thousands We ask that you strongly encourage your As You Go Act of 2010 which requires an off- of veterans who were excluded by the VA in colleagues to vote for this legislation once it set Military—Veterans Advocacy’s position 2002. is brought to the floor for a vote. We applaud is that we will support any offset required to In accordance with DAV Resolution No. 25, you and your staff who are actively fighting correct this injustice. I know that your Com- we also support Section 2 of this discussion for a group of Veterans that has long been mittee staff has been working tirelessly to draft, to recognize September 1, 1967 as the abandoned by the VA and deprived of much craft an offset acceptable to all parties and I earliest date for exposure to herbicides on needed medical care, we can’t thank these assure you that we appreciate and thank the Korean DMZ. This change will provide saintly people enough. them and you for this hard work. veterans greater equity with respect to her- Thank you for taking an active role in Our understanding is that H.R. 299 will be bicide exposure and the presumptive diseases such an important issue to the Blue Water scheduled for another mark-up hearing on associated therein. Navy Vietnam Veterans community by April 26th. Please feel free to represent to Currently, VA regulations provide that working to improve the lives of our remain- the Committee that the bill, and its discus- any veteran who, during active military, ing 90,000 Sailors who served our great na- sion draft, have the complete support of naval, or air service, served between April 1, tion. Military—Veterans Advocacy and the vet- 1968, and August 31, 1971, in a unit that, as Very Respectfully, erans we represent. I have been informed of determined by the Department of Defense, MIKE YATES, the planned offset and I believe it is an equi- operated in or near the Korean DMZ in an National Commander. table avenue for financing this bill. area in which herbicides are known to have MICHAEL J. LITTLE,

VerDate Sep 11 2014 05:56 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.023 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5620 CONGRESSIONAL RECORD — HOUSE June 25, 2018 National Executive Di- and there only will be about 4.4 million ceedings on this motion will be post- rector. remaining in just 10 short years. That poned. means we will lose 2.2 million Viet- f FLEET RESERVE ASSOCIATION, nam-era veterans in the next 10 years, April 19, 2018. RECESS Hon. PHIL ROE, which is an average of about 523 Viet- Chairman, House Veterans Affairs Committee, nam-era veterans per day. The SPEAKER pro tempore. Pursu- House of Representatives, Washington, DC. We must now act because, if we ant to clause 12(a) of rule I, the Chair DEAR CHAIRMAN ROE: The Fleet Reserve don’t, blue water Navy veterans may declares the House in recess until ap- Association (FRA) supports the ‘‘Blue Water not be around to receive the benefits proximately 6:30 p.m. today. Navy Vietnam Veterans Act’’ (H.R. 299) that they and their loved ones have been would clarify a presumption for filing dis- Accordingly (at 5 o’clock and 15 min- waiting on for so long. We owe it to the utes p.m.), the House stood in recess. ability claims with the Department of Vet- brave men and women veterans who erans Affairs (VA) for ailments associated f with exposure to the Agent Orange herbicide served offshore during the Vietnam era during the Vietnam War. FRA believes Con- to cease waiting on perfect science and b 1830 gress should recognize that so-called ‘‘Blue provide compensation benefits for con- water’’ veterans were exposed to Agent Or- ditions they may have developed be- AFTER RECESS ange herbicide and authorize presumptive cause of exposure to Agent Orange. The recess having expired, the House status for VA disability claims associated I am not the only one who believes was called to order by the Speaker pro with this exposure. this. H.R. 299 has broad bipartisan sup- tempore (Mr. RUTHERFORD) at 6 o’clock We understand that the bill will be amended to provide for a fee on VA home loan port: 330 cosponsors. I think I can and 30 minutes p.m. speak for all of us when I say that H.R. mortgages to cover the estimated cost for f providing the presumption for the ‘‘Blue 299, as amended, does the right thing Water’’ veterans, and this fee will not apply for our blue water Navy veterans. ANNOUNCEMENT BY THE SPEAKER to any veteran with a disability rating. Mr. Speaker, this is personal for our PRO TEMPORE The Association appreciates your strong Vietnam-era veterans like myself. I leadership on this issue. FRA stands ready to The SPEAKER pro tempore. Pursu- served and walked the territory not ant to clause 8 of rule XX, proceedings provide assistance in advancing this legisla- long after in Korea, over 40 years ago. tion. will resume on motions to suspend the Sincerely. We have done great work on the com- rules previously postponed. THOMAS J. SNEE, mittee: We passed an accountability Votes will be taken in the following National Executive Director. bill this year, a way to speed up dis- order: ability claims. The Forever GI Bill H.R. 299, by the yeas and nays; THE AMERICAN LEGION, funded the Veterans Choice Program. H.R. 5783, by the yeas and nays. June 22, 2018. We just passed the VA MISSION Act, The first electronic vote will be con- Hon. DAVID VALADAO, just a few of the things that our com- ducted as a 15-minute vote. The second House of Representatives, Washington, DC. mittee in a bipartisan way, has done. DEAR REPRESENTATIVE VALADAO: On behalf electronic vote will be conducted as a of the 2 million members of The American But there is a little inconvenience 5-minute vote. Legion, we heartily support the provisions of out there that we have 90,000 blue f H.R. 299, legislation to amend title 38, United water Navy veterans who are being left States Code, to clarify presumptions relating behind—not after today. BLUE WATER NAVY VIETNAM to the exposure of certain veterans who Mr. Speaker, I thank the other side VETERANS ACT OF 2018 served in the vicinity of the Republic of of the aisle. We worked hand in hand. Vietnam, and for other purposes. And I thank the staffs—I don’t think The SPEAKER pro tempore. The un- This legislation, as written, includes as they get enough credit—for the hard finished business is the vote on the mo- part of the Republic of Vietnam its terri- work that the staffs do behind the tion to suspend the rules and pass the torial seas for purposes of the presumption of scenes. When we seem to find a blind bill (H.R. 299) to amend title 38, United service connection for diseases associated States Code, to clarify presumptions with exposure by veterans to certain herbi- alley and can’t get to a conclusion, cide agents while in Vietnam. It also in- they continue to work in a bipartisan relating to the exposure of certain vet- cludes American servicemen who served in way to find a way to get to yes. erans who served in the vicinity of the the Korean demilitarized zone (DMZ) be- I also thank all of the outside groups Republic of Vietnam, and for other pur- tween September 1, 1967 and August 31, 1971. that kept this issue in front of us for poses, as amended, on which the yeas The American Legion strongly supports decades. and nays were ordered. legislation to expand the presumption of When I got the chairmanship a year The Clerk read the title of the bill. Agent Orange exposure to any military per- and a half ago, I said one of the things The SPEAKER pro tempore. The sonnel who served on any vessel during the question is on the motion offered by Vietnam War that came within 12 nautical that I will base my chairmanship on is miles of the coastlines of Vietnam, as well as if we can get this solved and do the the gentleman from Tennessee (Mr. in the Korean DMZ between 1967 and 1971. right thing for our blue water Navy ROE) that the House suspend the rules Our organization feels that our nation’s de- veterans. Today, we are going to do the and pass the bill, as amended. fenders should receive the full benefits to right thing in this House and send it to The vote was taken by electronic de- which they are entitled. the Senate, where they will do the vice, and there were—yeas 382, nays 0, Through Resolution No. 35, Agent Orange, not voting 45, as follows: passed at the 2016 National Convention, The right thing. [Roll No. 289] American Legion supports legislation ‘‘to Mr. Speaker, once again, I encourage amend title 38, United States Code, section all Members to support H.R. 299, as YEAS—382 1116, to provide entitlement to these pre- amended, and I yield back the balance Abraham Biggs Bucshon sumptions for those veterans who were ex- of my time. Adams Bilirakis Budd posed to Agent Orange while serving in areas The SPEAKER pro tempore. The Aderholt Bishop (GA) Burgess Aguilar Bishop (MI) Bustos other than the Republic of Vietnam where question is on the motion offered by Agent Orange was tested, sprayed, or Allen Bishop (UT) Butterfield the gentleman from Tennessee (Mr. Amash Blum Byrne stored.’’ ROE) that the House suspend the rules Amodei Blumenauer Calvert Thank you again for your continued com- Arrington Blunt Rochester Capuano mitment to the men and women in uniform and pass the bill, H.R. 299, as amended. Babin Bonamici Ca´ rdenas and the nation’s veterans and for your lead- The question was taken. Bacon Bost Carson (IN) ership on this important issue. The SPEAKER pro tempore. In the Banks (IN) Boyle, Brendan Carter (GA) Sincerely, opinion of the Chair, two-thirds being Barletta F. Carter (TX) Barr Brady (TX) Cartwright DENISE ROHAN, in the affirmative, the ayes have it. Barraga´ n Brat Castor (FL) National Commander, The American Legion. Mr. ROE of Tennessee. Mr. Speaker, Barton Brooks (AL) Castro (TX) Mr. ROE of Tennessee. Mr. Speaker, on that I demand the yeas and nays. Bass Brooks (IN) Chabot the VA estimates that there are 6.6 The yeas and nays were ordered. Beatty Brown (MD) Cheney Bera Brownley (CA) Cicilline million living Vietnam-era veterans; The SPEAKER pro tempore. Pursu- Bergman Buchanan Clark (MA) there are 58,220 who died in that war; ant to clause 8 of rule XX, further pro- Beyer Buck Clay

VerDate Sep 11 2014 05:56 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.024 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5621 Cleaver Hoyer Napolitano Vela Wasserman Wilson (FL) Clark (MA) Hollingsworth Neal Clyburn Hudson Neal Vela´ zquez Schultz Wittman Clay Hoyer Newhouse Coffman Huffman Newhouse Visclosky Waters, Maxine Womack Cleaver Hudson Noem Cohen Huizenga Noem Wagner Watson Coleman Woodall Clyburn Huffman Nolan Cole Hultgren Nolan Walberg Weber (TX) Yarmuth Coffman Huizenga Norcross Collins (GA) Hunter Norcross Walden Webster (FL) Yoder Cohen Hultgren Norman Collins (NY) Hurd Norman Walker Welch Yoho Cole Hunter Nunes Comer Issa Nunes Walorski Wenstrup Young (AK) Collins (GA) Hurd O’Halleran Westerman Young (IA) Comstock Jackson Lee O’Halleran Walters, Mimi Collins (NY) Issa Olson Conaway Jayapal Olson Williams Zeldin Comer Jackson Lee Palazzo Connolly Jeffries Palazzo Comstock Jayapal Pallone Cook Jenkins (KS) Pallone NOT VOTING—45 Conaway Jeffries Palmer Cooper Jenkins (WV) Palmer Black Gomez Rice (SC) Connolly Jenkins (KS) Panetta Correa Johnson (GA) Panetta Blackburn Gowdy Rooney, Thomas Cook Jenkins (WV) Pascrell Costa Johnson (LA) Pascrell Brady (PA) Gutie´rrez J. Cooper Johnson (GA) Paulsen Costello (PA) Johnson (OH) Paulsen Carbajal Johnson, Sam Rosen Correa Johnson (LA) Pelosi Courtney Johnson, E. B. Pelosi Chu, Judy Lujan Grisham, Ross Costa Johnson (OH) Perlmutter Cramer Jones Perlmutter Clarke (NY) M. Ruppersberger Costello (PA) Johnson, E. B. Perry Crawford Jordan Perry Cuellar Maloney, Rush Courtney Jones Peters Crist Joyce (OH) Peters Cummings Carolyn B. Scott (VA) Cramer Jordan Peterson Crowley Kaptur Peterson Curtis Marchant Scott, David Crawford Joyce (OH) Pingree Culberson Katko Pingree DeGette Meeks Sewell (AL) Crist Kaptur Pittenger Curbelo (FL) Keating Pittenger Delaney Moore Shea-Porter Crowley Katko Poe (TX) Davidson Kelly (IL) Poe (TX) DeSantis O’Rourke Sires Cuellar Keating Poliquin Davis (CA) Kelly (MS) Poliquin Doggett Payne Thompson (MS) Culberson Kelly (IL) Posey Davis, Danny Kelly (PA) Posey Donovan Pearce Tsongas Curbelo (FL) Kelly (MS) Price (NC) Davis, Rodney Kennedy Price (NC) Ellison Pocan Walz Davidson Kelly (PA) Quigley DeFazio Khanna Quigley Engel Polis Wilson (SC) Davis (CA) Kennedy Raskin DeLauro Kihuen Raskin Davis, Danny Khanna Ratcliffe DelBene Kildee Ratcliffe b 1853 Davis, Rodney Kihuen Reed Demings Kilmer Reed So (two-thirds being in the affirma- DeFazio Kildee Reichert Denham Kind Reichert DeLauro Kilmer Renacci DeSaulnier King (IA) Renacci tive) the rules were suspended and the DelBene Kind Rice (NY) DesJarlais King (NY) Rice (NY) bill, as amended, was passed. Demings King (IA) Richmond Deutch Kinzinger Richmond The result of the vote was announced Denham King (NY) Roby Diaz-Balart Knight Roby DeSaulnier Kinzinger Roe (TN) Dingell Krishnamoorthi Roe (TN) as above recorded. DesJarlais Krishnamoorthi Rogers (AL) Doyle, Michael Kuster (NH) Rogers (AL) A motion to reconsider was laid on Deutch Kuster (NH) Rogers (KY) F. Kustoff (TN) Rogers (KY) the table. Diaz-Balart Kustoff (TN) Rohrabacher Duffy Labrador Rohrabacher Stated for: Dingell Labrador Rokita Duncan (SC) LaHood Rokita Doyle, Michael LaHood Rooney, Francis Duncan (TN) LaMalfa Rooney, Francis Mr. THOMAS J. ROONEY of Florida. Mr. F. LaMalfa Rooney, Thomas Dunn Lamb Ros-Lehtinen Speaker, I was unavoidably detained. Had I Duffy Lamb J. Emmer Lamborn Roskam been present, I would have voted ‘‘yea’’ on Duncan (SC) Lamborn Ros-Lehtinen Eshoo Lance Rothfus rollcall No. 289. Duncan (TN) Lance Roskam Espaillat Langevin Rouzer Dunn Langevin Rothfus Estes (KS) Larsen (WA) Roybal-Allard f Emmer Larsen (WA) Rouzer Esty (CT) Larson (CT) Royce (CA) Eshoo Larson (CT) Roybal-Allard Evans Latta Ruiz COOPERATE WITH LAW ENFORCE- Espaillat Latta Royce (CA) Faso Lawrence Russell Estes (KS) Lawrence Ruiz Ferguson Lawson (FL) Rutherford MENT AGENCIES AND WATCH Esty (CT) Lawson (FL) Russell Fitzpatrick Lee Ryan (OH) ACT OF 2018 Evans Lee Rutherford Fleischmann Lesko Sa´ nchez Faso Lesko Ryan (OH) Flores Levin Sanford The SPEAKER pro tempore. The un- Ferguson Levin Sa´ nchez Fortenberry Lewis (GA) Sarbanes finished business is the vote on the mo- Fitzpatrick Lewis (GA) Sanford Foster Lewis (MN) Scalise tion to suspend the rules and pass the Fleischmann Lewis (MN) Sarbanes Foxx Lieu, Ted Schakowsky bill (H.R. 5783) to provide a safe harbor Flores Lieu, Ted Scalise Frankel (FL) Lipinski Schiff Fortenberry Lipinski Schakowsky Frelinghuysen LoBiondo Schneider for financial institutions that maintain Foster LoBiondo Schiff Fudge Loebsack Schrader a customer account at the request of a Foxx Loebsack Schneider Gabbard Lofgren Schweikert Federal or State law enforcement Frankel (FL) Lofgren Schrader Gaetz Long Scott, Austin Frelinghuysen Long Schweikert Gallagher Loudermilk Sensenbrenner agency, as amended, on which the yeas Fudge Loudermilk Scott, Austin Gallego Love Serrano and nays were ordered. Gabbard Love Sensenbrenner Garamendi Lowenthal Sessions The Clerk read the title of the bill. Gaetz Lowenthal Serrano Garrett Lowey Sherman The SPEAKER pro tempore. The Gallagher Lowey Sessions Gianforte Lucas Shimkus Gallego Lucas Sherman Gibbs Luetkemeyer Shuster question is on the motion offered by Garamendi Luetkemeyer Shimkus Gohmert Luja´ n, Ben Ray Simpson the gentleman from Arkansas (Mr. Gianforte Luja´ n, Ben Ray Shuster Gonzalez (TX) Lynch Sinema HILL) that the House suspend the rules Gibbs Lynch Simpson Goodlatte MacArthur Smith (MO) Gohmert MacArthur Sinema Gosar Maloney, Sean Smith (NE) and pass the bill, as amended. Gonzalez (TX) Maloney, Sean Smith (MO) Gottheimer Marino Smith (NJ) This is a 5-minute vote. Goodlatte Marino Smith (NE) Granger Marshall Smith (TX) The vote was taken by electronic de- Gosar Marshall Smith (NJ) Graves (GA) Massie Smith (WA) vice, and there were—yeas 379, nays 4, Gottheimer Mast Smith (TX) Graves (LA) Mast Smucker Granger Matsui Smith (WA) Graves (MO) Matsui Soto not voting 44, as follows: Graves (GA) McCarthy Smucker Green, Al McCarthy Speier [Roll No. 290] Graves (LA) McCaul Soto Green, Gene McCaul Stefanik Graves (MO) McClintock Speier Griffith McClintock Stewart YEAS—379 Green, Al McCollum Stefanik Grijalva McCollum Stivers Abraham Biggs Buck Green, Gene McEachin Stewart Grothman McEachin Suozzi Adams Bilirakis Bucshon Grijalva McGovern Stivers Guthrie McGovern Swalwell (CA) Aderholt Bishop (GA) Budd Grothman McHenry Suozzi Hanabusa McHenry Takano Aguilar Bishop (MI) Burgess Guthrie McKinley Swalwell (CA) Handel McKinley Taylor Allen Bishop (UT) Bustos Hanabusa McMorris Takano Harper McMorris Tenney Amodei Blum Butterfield Handel Rodgers Taylor Harris Rodgers Thompson (CA) Arrington Blumenauer Byrne Harper McNerney Tenney Hartzler McNerney Thompson (PA) Babin Blunt Rochester Calvert Harris McSally Thompson (CA) Hastings McSally Thornberry Bacon Bonamici Capuano Hartzler Meadows Thompson (PA) Heck Meadows Tipton Banks (IN) Bost Ca´ rdenas Hastings Meng Thornberry Hensarling Meng Titus Barletta Boyle, Brendan Carson (IN) Heck Messer Tipton Herrera Beutler Messer Tonko Barr F. Carter (GA) Hensarling Mitchell Titus Hice, Jody B. Mitchell Torres Barraga´ n Brady (TX) Carter (TX) Herrera Beutler Moolenaar Tonko Higgins (LA) Moolenaar Trott Barton Brat Cartwright Hice, Jody B. Mooney (WV) Torres Higgins (NY) Mooney (WV) Turner Bass Brooks (AL) Castor (FL) Higgins (LA) Moulton Trott Hill Moulton Upton Beatty Brooks (IN) Castro (TX) Higgins (NY) Mullin Turner Himes Mullin Valadao Bera Brown (MD) Chabot Hill Murphy (FL) Upton Holding Murphy (FL) Vargas Bergman Brownley (CA) Cheney Himes Nadler Valadao Hollingsworth Nadler Veasey Beyer Buchanan Cicilline Holding Napolitano Vargas

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.018 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5622 CONGRESSIONAL RECORD — HOUSE June 25, 2018 Veasey Wasserman Wilson (FL) The text of the bill is as follows: Natural Resources Committee to imme- Vela Schultz Wittman H.R. 4528 diately consider and pass out of committee Vela´ zquez Waters, Maxine Womack S. 396, a bill to make a technical amendment Be it enacted by the Senate and House of Rep- Visclosky Watson Coleman Woodall to the Billfish Conservation Act of 2012 (P. L. Wagner Weber (TX) Yarmuth resentatives of the United States of America in 112–183). The Senate passed S. 396 by unani- Walberg Webster (FL) Yoder Congress assembled, Walden Welch Yoho mous consent on October 2, 2017, receiving no SECTION 1. BILLFISH CONSERVATION ACT OF objections or holds during the process to hot- Walker Wenstrup Young (AK) 2012. Walorski Westerman Young (IA) Section 4(c)(1) of the Billfish Conservation line and clear the bill. Considering such bi- Walters, Mimi Williams Zeldin partisan support in the Senate for this im- Act of 2012 (16 U.S.C. 1827a(c)(1)) is amended portant conservation legislation for Pacific NAYS—4 by inserting ‘‘and retained’’ after ‘‘landed’’. billfish, it is our sincere request that the Amash Griffith SEC. 2. SHARK CONSERVATION ACT OF 2010. House Natural Resources Committee clear Garrett Massie The Act entitled ‘‘An Act to amend the this bill as soon as possible and have the bill High Seas Driftnet Fishing Moratorium Pro- NOT VOTING—44 move out of the House under suspension. tection Act and the Magnuson-Stevens Fish- S. 396 provides a technical amendment to Black Gowdy Rice (SC) ery Conservation and Management Act to ´ the Billfish Conservation Act (BCA) to clar- Blackburn Gutierrez Rosen improve the conservation of sharks’’, ap- Brady (PA) Johnson, Sam ify a slight ambiguity related to the treat- Ross proved January 4, 2011 (Public Law 111–348; Carbajal Knight Ruppersberger ment of covered Pacific billfish under the 124 Stat. 3668), is amended— Chu, Judy Lujan Grisham, Rush law. The BCA was passed by both the House Clarke (NY) M. Scott (VA) (1) by striking section 104 and inserting the and Senate with broad bipartisan support on Cummings Maloney, Scott, David following: October 5, 2012. The legislation was a rare Curtis Carolyn B. Sewell (AL) ‘‘SEC. 104. RULE OF CONSTRUCTION. DeGette Marchant event in Congress where Members on both Shea-Porter ‘‘Nothing in this title or the amendments Delaney Meeks sides of the aisle saw the wisdom of passing Sires made by this title shall be construed as af- DeSantis Moore a bill that would put in place a critical pro- Thompson (MS) Doggett O’Rourke fecting, altering, or diminishing in any way hibition on the sale of billfish in the conti- Donovan Payne Tsongas the authority of the Secretary of Commerce nental U.S. The law was intended to put Walz Ellison Pearce to establish such conservation and manage- similar prohibitions on the sale of Pacific Wilson (SC) Engel Pocan ment measures as the Secretary considers billfish as those for Atlantic billfish, effec- Gomez Polis necessary and appropriate under sections tively eliminating an estimated 30,000 bill- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE 302(a)(3) and 304(g) of the Magnuson-Stevens fish being imported to the U.S. each year The SPEAKER pro tempore (during Fishery Conservation and Management Act from the Pacific. (16 U.S.C. 1852(a)(3), 1854(g)).’’; and the vote). There are 2 minutes remain- However, over five years since passage of (2) in section 1, by striking the item relat- the BCA, the National Marine Fisheries ing. ing to section 104 and inserting the fol- Service (NMFS) failed to issue regulations to b 1902 lowing: properly implement the law. Failure by ‘‘Sec. 104. Rule of construction.’’. NMFS to issue regulations to implement the So (two-thirds being in the affirma- The SPEAKER pro tempore. Pursu- BCA is effectively undermining the con- tive) the rules were suspended and the ant to the rule, the gentleman from servation goals of the law and creating un- bill, as amended, was passed. certainty, where there should be none, on Utah (Mr. BISHOP) and the gentleman The result of the vote was announced whether Pacific billfish can be sold in the from Florida (Mr. SOTO) each will con- continental U.S. The House passage of S. 396 as above recorded. trol 20 minutes. A motion to reconsider was laid on would eliminate this ambiguity. The Chair recognizes the gentleman The legislative history in both the House the table. from Utah. and Senate is extremely clear that the BCA f GENERAL LEAVE was written to allow traditional, cultural fishing and markets for billfish in Hawaii REPORT ON RESOLUTION PRO- Mr. BISHOP of Utah. Mr. Speaker, I ask unanimous consent that all Mem- and the Pacific Insular Area, but otherwise VIDING FOR CONSIDERATION OF eliminated the market for billfish in the re- H.R. 6157, DEPARTMENT OF DE- bers may have 5 legislative days to remainder of the U.S. House passage of S. 396 FENSE APPROPRIATIONS ACT, vise and extend their remarks and in- would make this absolutely clear and would 2019, AND PROVIDING FOR CON- clude extraneous material on the bill immediately put into force the critical con- SIDERATION OF H.R. 2083, EN- under consideration. servation requirements of the BCA. The Billfish Conservation Act of 2012 was a DANGERED SALMON AND FISH- The SPEAKER pro tempore. Is there objection to the request of the gen- great conservation win for saltwater anglers. ERIES PREDATION PREVENTION We request you pass S. 396 out of committee ACT tleman from Utah? There was no objection. to further solidify this victory for preserving Ms. CHENEY, from the Committee Mr. BISHOP of Utah. Mr. Speaker, I Pacific billfish. on Rules, submitted a privileged report Sincerely, yield myself such time as I may con- Mike Nussman, President & CEO, Amer- (Rept. No. 115–783) on the resolution (H. sume. ican Sportfishing Association; Jeff An- Res. 961) providing for consideration of Today, we are considering an amend- gers, President, Center for Sportfishing the bill (H.R. 6157) making appropria- ment to the Billfish Conservation Act Policy; Patrick Murray, President, tions for the Department of Defense for that was passed in 2012. Unfortunately, Coastal Conservation; Jeff Crane, the fiscal year ending September 30, when it was passed, there was a loop- President, Congressional Sportsmen’s 2019, and for other purposes, and pro- hole in the bill. What this bill today Foundation; Guy Harvey, President, viding for consideration of the bill does is close that loophole, preserving Guy Harvey Ocean Foundation; Nehl (H.R. 2083) to amend the Marine Mam- the original congressional intent, while Horton, President, International Game Fish Association; Thom Dammrich, mal Protection Act of 1972 to reduce also preserving traditional markups in President, National Marine Manufac- predation on endangered Columbia Hawaii, as well as in our Pacific terri- turers Association; Ellen Peel, Presi- River salmon and other nonlisted spe- tories. It is supported by everybody dent, The Billfish Foundation. cies, and for other purposes, which was and their third cousin. International Game Fish Association; referred to the House Calendar and or- Mr. Speaker, I include in the RECORD Greenpeace; Wild Oceans; Nature Abounds; dered to be printed. a 2-page letter of support from a broad The Pew Charitable Trusts; Oceana; Blue Ocean Institute; Sierra Club; Center for Bio- f coalition of sportsmen’s groups, manufacturing associations, and conserva- logical Diversity; Turttle Island Restoration Network; Endangered Species Coalition; MAKING TECHNICAL AMENDMENTS tion groups, plus a full list of the sup- TO CERTAIN MARINE FISH CON- Wider Caribbean Sea Turtle Conservation porting organizations for this bill. Network; Friends of Earth; WildAid; Mobile SERVATION STATUTES DECEMBER 19, 2017. Bay Audubon Scoety; BlueVoice.org; Cape Mr. BISHOP of Utah. Mr. Speaker, I The Hon. ROB BISHOP Coral Friends of Wildlife; Ocean Conserva- move to suspend the rules and pass the Chairman, House Committee on Natural Re- tion Research; Citrus County Audubon Soci- bill (H.R. 4528) to make technical sources, Washington, DC. ety; Ocean Futures Society. ´ Coastal Wildlife Club; WILDCOAST; Duval amendments to certain marine fish Hon. RAUL GRIJALVA Ranking Member, House Committee on Natural Audubon Society; E.O. Wison Biophilia Cen- conservation statutes, and for other Resources, Washington, DC. ter; Deleware Nature Society; Sierra Club, purposes. Dear CHAIRMAN BISHOP AND RANKING MEM- Delaware Chapter; Eltrose Farms; Alachua The Clerk read the title of the bill. BER GRIJALVA: we strongly urge the House Audubon Society; Big Bend Coastal

VerDate Sep 11 2014 05:56 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.027 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5623 Conservency; Biscayne Bay Waterkeeper; ministration to allow rulemaking to go Department of Homeland Security related to Florida Billfish, Inc.; Florida Wildlife Fed- forward for the Atlantic smooth training, outreach, and information sharing eration; Four Rivers Audubon; Friends of dogfish, a type of shark. for suspicious activity reporting to prevent Gumbo Limbo; Halifax River Audubon Soci- This bill has support from both the acts of terrorism. ety; Highlands County Audubon Society; (b) CONTENTS OF STRATEGY.—The strategy Just-in-Time Charters; Loxahatchee Group sportsmen-anglers communities and required under subsection (a) shall include Sierra Club; Mean Tide Media, LLC; North conservation groups. the following: Swell Media & Consulting. Again, I thank the Natural Resources (1) A description and examples of the types Oklawaha Valley Audubon Society; Peace Committee Chairman BISHOP and of information that would meet the defini- River Audubon Society; Rescue Earth; Save- Ranking Member GRIJALVA for working tion of critical information for the purpose A-Turtle; Sea to Shore Alliance; Shark Whis- with me on this. Without their support, of suspicious activity reporting as well as in- perer; Space Coast Audubon Society; Space this legislation would not be on the formation, including information associated Coast Kayaking; Wild Florida Adventures; with racial, religious or national origin, that Georgia Conservancy; Interfaith Council for floor today. would not meet the definition of critical in- the Protection of Animals & Nature; Con- Mr. Speaker, I urge all of my col- formation. servation Council for Hawai‘i; Marine Con- leagues in the Chamber to support H.R. (2) Training for appropriate personnel of servation Science Institute; Sierra Club Ha- 4528, and I yield back the balance of my State and major urban area fusion centers, waii Chapter; Gulf Restoration Network; time. emergency response providers, and, as appro- Downeasy Audubon; Midshore Riverkeeper Mr. BISHOP of Utah. Mr. Speaker, it priate, the private sector on— Conservancy; Berkshire Environmental Ac- is a good bill. I urge its support, and I (A) methods for identifying, analyzing, and tion Team; Cape Cod Bay Watch; New Eng- yield back the balance of my time. disseminating critical information, includ- land Coastal Wildlife Alliance. ing the indicators of terrorism; Sustainable Plymouth; SandyHook The SPEAKER pro tempore (Mr. (B) methods to protect privacy and civil SeaLife Foundation; HerpDigest; New York MARSHALL). The question is on the mo- liberties, including preventing racial, reli- Turtle and Tortoise Society; Shark Angels; tion offered by the gentleman from gious, or national origin discrimination; and Charlotte Saltwater Sport Fishing Club; Utah (Mr. BISHOP) that the House sus- (C) response protocols for submitting sus- North Carolina Wildlife Federation; OCEAN pend the rules and pass the bill, H.R. picious activity reports. Magazine; PenderWatch & Conservancy; 4528. (3) Methods to improve outreach to appro- Green Alliance; Coastal Conservation The question was taken; and (two- priate State and major urban area fusion League; Vermonters for Sustainable Popu- thirds being in the affirmative) the centers, emergency response providers, and lation; American Sportfishing Association; the private sector related to suspicious ac- Center for Sportfishing Policy; Coastal Con- rules were suspended and the bill was tivity reporting to prevent acts of terrorism. servation Association; Congressional Sports- passed. (4) A plan to ensure that critical informa- men’s Foundation; Guy Harvey Ocean Foun- A motion to reconsider was laid on tion is shared in a timely manner with State dation; Internationl Game Fish Association; the table. and major urban area fusion centers, emer- National Marine Manufacturers Association; gency response providers, and the private f The Billfish Foundation. sector, as appropriate, including nationwide Mr. BISHOP of Utah. Mr. Speaker, I RECESS trend analysis and other information related to terrorist threats. reserve the balance of my time. The SPEAKER pro tempore. Pursu- Mr. SOTO. Mr. Speaker, I yield my- (5) Methods to measure the effectiveness of ant to clause 12(a) of rule I, the Chair the activities conducted under the strategy self such time as I may consume. declares the House in recess for a pe- with respect to improving the operations and Mr. Speaker, I rise today in strong riod of less than 15 minutes. activities of the Department related to support of my bill, H.R. 4528, a bill to Accordingly (at 7 o’clock and 10 min- training, outreach, and information sharing make technical changes to certain ma- utes p.m.), the House stood in recess. to prevent acts of terrorism that have been rine fish conservation statutes. validated through peer-reviewed empirical Mr. Speaker, I thank Chairman f studies to the extent practicable. BISHOP—and, Mr. Speaker, I did ask my b 1913 (c) WORKING GROUP RECOMMENDATIONS.—In third cousin; he is in support, too—as developing the strategy required under sub- AFTER RECESS section (a) the Secretary shall take into con- well as Ranking Member GRIJALVA for sideration the recommendations of the work- all of their collaboration and support The recess having expired, the House ing group established under section 3. on this important bill. was called to order by the Speaker pro (d) CONGRESSIONAL NOTIFICATION.—Not less H.R. 4528 makes technical amend- tempore (Mr. MARSHALL) at 7 o’clock than 30 days before the release of the strat- ments to two marine fish conservation and 13 minutes p.m. egy required pursuant to subsection (a), the Secretary shall provide to the Committee on statutes, the Billfish Conservation Act f of 2012 and the Shark Conservation Act Homeland Security of the House of Rep- resentatives and the Committee on Home- of 2010. ENHANCING SUSPICIOUS ACTIVITY REPORTING INITIATIVE ACT land Security and Governmental Affairs of First, the bill amends the Billfish the Senate a notification of the release of Conservation Act of 2012. It clarifies Mr. KING of New York. Mr. Speaker, the strategy and a copy of the strategy. Such that the exemption from marlin and I move to suspend the rules and pass notification shall include the recommenda- billfish fishing in Hawaii and Pacific the bill (H.R. 5094) to direct the Sec- tions provided by the working group estab- insular areas, as is tradition, can only retary of Homeland Security to im- lished under section 3 and how such rec- be sold locally. More specifically, it ommendations were incorporated into the prove suspicious activity reporting to strategy. clarifies these fish cannot be sold to prevent acts of terrorism, and for other SEC. 3. SUSPICIOUS ACTIVITY REPORTING WORK- the other 49 States. This strikes a bal- purposes, as amended. ING GROUP. ance between preserving traditional The Clerk read the title of the bill. (a) ESTABLISHMENT.— cultural fishing in these areas and the The text of the bill is as follows: (1) IN GENERAL.—The Secretary of Home- overall intent to prevent large-scale H.R. 5094 land Security shall establish a working commercial fishing of these billfish. group on suspicious activity reporting. Be it enacted by the Senate and House of Rep- (2) DEPARTMENT LIAISONS.—The Secretary Second, it clarifies that, under the resentatives of the United States of America in Shark Conservation Act of 2010, there shall appoint as liaisons to the working Congress assembled, group— is no language in the Shark Conserva- SECTION 1. SHORT TITLE. (A) the Chief Privacy Officer of the Depart- tion Act that alters existing authority This Act may be cited as the ‘‘Enhancing ment of Homeland Security; of the Secretary of Commerce to man- Suspicious Activity Reporting Initiative (B) the Officer for Civil Rights and Civil age Atlantic highly migratory species Act’’. Liberties of the Department; and under the Magnuson-Stevens Act. It SEC. 2. ENHANCING DEPARTMENT OF HOME- (C) such other officials of the Department also cleans up language in the Shark LAND SECURITY SUSPICIOUS ACTIV- as the Secretary determines appropriate. Conservation Act by removing an ex- ITY REPORTING OPERATIONS. (b) RESPONSIBILITIES.—The working group (a) STRATEGY REQUIRED.—Not later than established under subsection (a) shall carry pired offset. one year after the date of the enactment of out the following responsibilities: The main goal of this is to ensure this Act, the Secretary of Homeland Secu- (1) Provide advice to the Secretary regard- protection against shark finning. H.R. rity, in consultation with other appropriate ing improvements to the operations and ac- 4528 will fix confusion within the Na- Federal officials, shall develop a strategy to tivities related to suspicious activity report- tional Oceanic and Atmospheric Ad- improve the operations and activities of the ing to prevent acts of terrorism.

VerDate Sep 11 2014 05:56 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.030 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5624 CONGRESSIONAL RECORD — HOUSE June 25, 2018 (2) At the request of the Secretary, for pur- Mr. Speaker, I rise in strong support public statements of support into legis- poses of section 2(c), develop recommenda- of H.R. 5094, the Enhancing Suspicious lative action. tions to improve suspicious activity report- Activity Reporting Initiative Act. This bill received strong bipartisan ing to prevent acts of terrorism with respect I have been a long-term proponent of support in committee. The passage of to— (A) outreach to relevant stakeholders; the If You See Something, Say Some- this legislation will demonstrate Con- (B) information sharing; thing campaign, which was begun in gress’ commitment to provide com- (C) protecting personally identifiable infor- New York City in 2002 by the Metro- monsense legislation to help DHS con- mation; politan Transportation Authority. tinue to provide important SARs train- (D) protecting the privacy, civil rights, and b 1915 ing and outreach. civil liberties of individuals who report sus- I would also like to emphasize that a picious activity and individuals who are the This program, along with the Sus- Secret Service detailee to my sub- subjects of such reports; picious Activity Reporting initiative, committee, Pete Murphy, was very in- (E) preventing racial, religious, or national SAR, helps Federal, State, and local strumental in working with other staff origin discrimination; law enforcement piece together some- members in putting this legislation to- (F) training for emergency response pro- times seemingly disparate pieces of in- viders and the private sector; and gether. (G) other matters, as determined by the formation to prevent, detect, and inter- Mr. Speaker, I urge my colleagues to Secretary. dict terrorist threats to the homeland. support this bill, and I reserve the bal- (c) WORKING GROUP MEMBERSHIP.—Not During a recent subcommittee hear- ance of my time. later than 180 days after the date of the en- ing on SARs, a witness from the New Mr. LANGEVIN. Mr. Speaker, I yield actment of this Act, the Secretary shall seek Jersey State Police explained that a myself such time as I may consume. the voluntary participation of not more than SAR triggered a law enforcement in- Mr. Speaker, I rise in support of H.R. 20 individuals representing at least 12 diverse vestigation where a copy of ‘‘Inspire’’ 5094, the Enhancing Suspicious Activ- regions of the United States to serve as magazine was found in a residence, in members of the working group. Members of ity Reporting Initiative Act. the working group shall serve without pay. particular, an article on how to con- Mr. Speaker, H.R. 5094 would require The Secretary shall seek to ensure that the struct a pressure cooker bomb. The the Department of Homeland Security working group includes members who are suspect admitted to planning a major to develop a strategy to improve the representatives from each of the following: attack in New York City. training, outreach, and information it (1) State and major urban area fusion cen- This SAR was instrumental in provides on Suspicious Activity Re- ters. thwarting a potential terrorist attack porting to prevent acts of terrorism. (2) State, local, tribal and territorial law against our Nation. Since the September 11 attacks, we enforcement agencies. While the FBI reviews, nationwide, (3) Firefighters. have seen that sharing information re- (4) Emergency medical services. SARs for investigative leads, DHS garding suspicious activity can help (5) Private sector security professionals. largely manages the efforts to provide local, State, and Federal law enforce- (6) Nongovernmental privacy and civil lib- information and training to State and ment connect the dots about threats in erty organizations. local law enforcement, fusion centers, the communities that they serve. (7) Any other group the Secretary deter- and other emergency response pro- While it is important that ordinary mines appropriate. viders. citizens say something when they see (d) CONGRESSIONAL BRIEFING.—Upon re- H.R. 5094 strengthens this effort by something that could be a threat to quest, the Secretary shall provide to the requiring the Secretary of Homeland their community, we must recognize Committee on Homeland Security of the Security to develop a strategy designed House of Representatives and the Committee that there have been instances where on Homeland Security and Governmental Af- to improve the operations and activi- there have been abuses. On occasion, fairs of the Senate a briefing on the oper- ties of the Nationwide Suspicious Ac- we have seen allegations of suspicious ations and activities of the Department of tivity Reporting Initiative, NSI. activity made against individuals sole- Homeland Security related to training, out- This includes training; outreach; in- ly based on biases regarding race, eth- reach, and information sharing for sus- formation sharing with key partners, nicity, or religion. picious activity reporting to prevent acts of including law enforcement officers, fu- H.R. 5094 seeks to prevent such dis- terrorism, including copies of materials de- sion centers, emergency response pro- criminatory reporting by directing veloped under this section. viders, and the private sector. (e) TERMINATION.—The working group DHS to disseminate examples of re- under this section shall terminate on the H.R. 5094 also empowers the Sec- porting that meet the guidelines for ac- date that is two years after the date of the retary to establish an NSI working tion. Further, it instructs DHS to out- enactment of this Act, except that the Sec- group that includes representation line the types of suspicious activity re- retary may extend such working group if the from State and local stakeholders, the porting, including reporting based on Secretary determines necessary. private sector, and privacy experts. race, religion, and nationality, that is (f) NONAPPLICABILITY OF FACA.—The Fed- The working group will provide ad- prohibited. More broadly, H.R. 5094 eral Advisory Committee Act (5 U.S.C. App.) vice and recommendations to the Sec- seeks to build numerous safeguards for shall not apply to the working group estab- retary on improvements to the SARs lished under this section. privacy, civil liberties, and civil rights initiative. Additionally, the reporting into the suspicious activity reporting The SPEAKER pro tempore. Pursu- requirement to Congress promotes regime. ant to the rule, the gentleman from transparency in these efforts and rig- It requires the establishment of an New York (Mr. KING) and the gen- orous oversight by my subcommittee outside working group to provide ad- tleman from Rhode Island (Mr. LAN- and others. vice to the DHS Secretary on matters GEVIN) each will control 20 minutes. Last week, the Secretary of Home- such as outreach, information sharing, The Chair recognizes the gentleman land Security noted that DHS was in protecting personally identifiable in- from New York. the midst of ‘‘refreshing’’ the SARs ini- formation, protecting privacy and civil GENERAL LEAVE tiative. While I am pleased to hear that rights, and training for emergency re- Mr. KING of New York. Mr. Speaker, DHS is moving to enhance ‘‘See Some- sponse providers and the private sec- I ask unanimous consent that all Mem- thing, Say Something’’ and SARs, the tor. bers have 5 legislative days in which to legislation before us today will ensure Additionally, H.R. 5094 enhances con- revise and extend their remarks and in- that the refresh is done strategically gressional oversight of privacy, civil clude any extraneous material on the and includes input from the very stake- rights, and civil liberties by requiring bill under consideration. holders responsible for investigating the department to furnish Congress The SPEAKER pro tempore. Is there and reporting SARs. with copies of the materials it dissemi- objection to the request of the gen- Shortly after an attack or tragedy in nates to stakeholders. tleman from New York? our Nation, leaders of both parties urge Mr. Speaker, I urge my colleagues to There was no objection. our citizens to be vigilant during their support this security measure. Mr. KING of New York. Mr. Speaker, commutes and in their neighborhoods, Mr. Speaker, as the terrorist threats I yield myself such time as I may con- and to report suspicious activity to law evolve, so too must our counterterror- sume. enforcement. It is important to turn ism efforts.

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.031 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5625 Since the September 11 attacks, we ment, and implementation of policies, pro- lished on the public website under subsection have seen that raising public awareness grams, initiatives, rulemakings, and security (e)(5). about reporting suspicious activity can directives pertaining to surface transpor- ‘‘(ii) PROTECTION OF CLASSIFIED AND SEN- be effective at detecting, deterring, and tation security. SITIVE INFORMATION.—The Advisory Com- ‘‘(2) RISK-BASED SECURITY.—The Advisory mittee may redact or summarize, as nec- combating terrorism in the homeland. Committee shall consider risk-based security I encourage my colleagues to support essary, minutes of the meetings to protect approaches in the performance of its duties. classified information or sensitive security H.R. 5094 to ensure that DHS strategi- ‘‘(c) MEMBERSHIP.— information in accordance with law. cally engages stakeholders to improve ‘‘(1) COMPOSITION.—The Advisory Com- mittee shall be composed of— ‘‘(7) VOTING MEMBER ACCESS TO CLASSIFIED suspicious activity reporting. INFORMATION AND SENSITIVE SECURITY INFOR- Mr. Speaker, I yield back the balance ‘‘(A) voting members appointed by the Ad- ministrator under paragraph (2); and MATION.— of my time. ‘‘(B) nonvoting members, serving in an ad- ‘‘(A) DETERMINATIONS.—Not later than 60 Mr. KING of New York. Mr. Speaker, visory capacity, who shall be designated by— days after the date on which a voting mem- I again want to thank my colleague, ‘‘(i) the Transportation Security Adminis- ber is appointed to the Advisory Committee Mr. LANGEVIN, for his bipartisan sup- tration; but before such voting member may be port on this legislation, as in so many ‘‘(ii) the Department of Transportation; granted any access to classified information other pieces of bipartisan legislation, and or sensitive security information, the Ad- and for the outstanding work he does ‘‘(iii) such other Federal department or ministrator shall determine if such voting agency as the Administrator considers ap- member should be restricted from reviewing, on the subcommittee and the com- propriate. mittee. discussing, or possessing classified informa- ‘‘(2) APPOINTMENT.—The Administrator tion or sensitive security information. Mr. Speaker, I once again urge my shall appoint voting members from among ‘‘(B) ACCESS.— colleagues to support this bill, and I stakeholders representing each mode of sur- ‘‘(i) SENSITIVE SECURITY INFORMATION.—If a face transportation, such as passenger rail, yield back the balance of my time. voting member is not restricted from review- The SPEAKER pro tempore. The freight rail, mass transit, pipelines, high- ways, over-the-road bus, and trucking, in- ing, discussing, or possessing sensitive secu- question is on the motion offered by rity information under subparagraph (A) and the gentleman from New York (Mr. cluding representatives from— ‘‘(A) associations representing such modes voluntarily signs a nondisclosure agreement, KING) that the House suspend the rules of surface transportation; such voting member may be granted access and pass the bill, H.R. 5094, as amend- ‘‘(B) labor organizations representing such to sensitive security information that is rel- ed. modes of surface transportation; evant to such voting member’s service on the The question was taken; and (two- ‘‘(C) groups representing the users of such Advisory Committee. thirds being in the affirmative) the modes of surface transportation, including ‘‘(ii) CLASSIFIED INFORMATION.—Access to rules were suspended and the bill, as asset manufacturers, as appropriate; classified materials shall be managed in ac- amended, was passed. ‘‘(D) relevant law enforcement, first re- cordance with Executive Order No. 13526 of sponders, and security experts; and December 29, 2009 (75 Fed. Reg. 707), or any A motion to reconsider was laid on ‘‘(E) such other groups as the Adminis- the table. subsequent corresponding Executive order. trator considers appropriate. ‘‘(C) PROTECTIONS.— ‘‘(3) CHAIRPERSON.—The Advisory Com- f ‘‘(i) SENSITIVE SECURITY INFORMATION.— mittee shall select a chairperson from Voting members shall protect sensitive secu- SURFACE TRANSPORTATION SECU- among its voting members. rity information in accordance with part 1520 RITY AND TECHNOLOGY AC- ‘‘(4) TERM OF OFFICE.— of title 49, Code of Federal Regulations. COUNTABILITY ACT OF 2018 ‘‘(A) TERMS.— ‘‘(i) IN GENERAL.—The term of each voting ‘‘(ii) CLASSIFIED INFORMATION.—Voting Mr. KATKO. Mr. Speaker, I move to members shall protect classified information suspend the rules and pass the bill member of the Advisory Committee shall be two years, but a voting member may con- in accordance with the applicable require- (H.R. 5081) to amend the Homeland Se- tinue to serve until the Administrator ap- ments for the particular level of classifica- curity Act of 2002 to establish within points a successor. tion of such information. the Transportation Security Adminis- ‘‘(ii) REAPPOINTMENT.—A voting member of ‘‘(8) JOINT COMMITTEE MEETINGS.—The Ad- tration the Surface Transportation Se- the Advisory Committee may be re- visory Committee may meet with one or curity Advisory Committee, and for appointed. more of the following advisory committees other purposes. ‘‘(B) REMOVAL.— to discuss multimodal security issues and The Clerk read the title of the bill. ‘‘(i) IN GENERAL.—The Administrator may other security-related issues of common con- review the participation of a member of the The text of the bill is as follows: cern: Advisory Committee and remove such mem- ‘‘(A) Aviation Security Advisory Com- H.R. 5081 ber for cause at any time. mittee, established under section 44946 of ‘‘(ii) ACCESS TO CERTAIN INFORMATION.—The Be it enacted by the Senate and House of Rep- title 49, United States Code. Administrator may remove any member of resentatives of the United States of America in ‘‘(B) Maritime Security Advisory Com- the Advisory Committee who the Adminis- Congress assembled, mittee, established under section 70112 of trator determines should be restricted from SECTION 1. SHORT TITLE. title 46, United States Code. This Act may be cited as the ‘‘Surface reviewing, discussing, or possessing classified information or sensitive security infor- ‘‘(C) Railroad Safety Advisory Committee, Transportation Security and Technology Ac- established by the Federal Railroad Admin- countability Act of 2018’’. mation. ‘‘(5) PROHIBITION ON COMPENSATION.—The istration. SEC. 2. SURFACE TRANSPORTATION SECURITY members of the Advisory Committee may ‘‘(9) SUBJECT MATTER EXPERTS.—The Advi- ADVISORY COMMITTEE. not receive any compensation from the Gov- sory Committee may request the assistance (a) IN GENERAL.—Title XVI of the Home- ernment by reason of their service on the of subject matter experts with expertise re- land Security Act of 2002 (6 U.S.C. 561 et seq.) Advisory Committee. lated to the jurisdiction of the Advisory is amended by adding at the end the fol- ‘‘(6) MEETINGS.— Committee. lowing new subtitle: ‘‘(A) IN GENERAL.—The Advisory Com- ‘‘(d) REPORTS.— ‘‘Subtitle C—Surface Transportation Security mittee shall meet at least semiannually in ‘‘(1) PERIODIC REPORTS.—The Advisory person or through web conferencing, and ‘‘SEC. 1621. SURFACE TRANSPORTATION SECU- Committee shall periodically submit to the RITY ADVISORY COMMITTEE. may convene additional meetings as nec- Administrator reports on matters requested ‘‘(a) ESTABLISHMENT.—The Administrator essary. by the Administrator or by a majority of the of the Transportation Security Administra- ‘‘(B) PUBLIC MEETINGS.—At least one of the tion (referred to in this section as the ‘Ad- meetings of the Advisory Committee each members of the Advisory Committee. ministrator’) shall establish within the year shall be— ‘‘(2) ANNUAL REPORT.— Transportation Security Administration the ‘‘(i) announced in the Federal Register; ‘‘(A) SUBMISSION.—The Advisory Com- Surface Transportation Security Advisory ‘‘(ii) announced on a public website; and mittee shall submit to the Administrator Committee (referred to in this section as the ‘‘(iii) open to the public. and the Committee on Homeland Security of ‘Advisory Committee’). ‘‘(C) ATTENDANCE.—The Advisory Com- the House of Representatives and the Com- ‘‘(b) DUTIES.— mittee shall maintain a record of the persons mittee on Commerce, Science, and Transpor- ‘‘(1) IN GENERAL.—The Advisory Committee present at each meeting. tation of the Senate an annual report that may advise, consult with, report to, and ‘‘(D) MINUTES.— provides information on the activities, find- make recommendations to the Adminis- ‘‘(i) IN GENERAL.—Unless otherwise prohib- ings, and recommendations of the Advisory trator on surface transportation security ited by Federal law, minutes of the meetings Committee during the preceding year. matters, including the development, refine- of the Advisory Committee shall be pub-

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.057 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5626 CONGRESSIONAL RECORD — HOUSE June 25, 2018 ‘‘(B) PUBLICATION.—Not later than six of the Transportation Security Administra- providing congressional oversight of months after the date that the Adminis- tion considers appropriate, shall designate the Transportation Security Adminis- trator receives an annual report under sub- an appropriate representative to serve as a tration’s role in surface transportation paragraph (A), the Administrator shall pub- nonvoting member of the Surface Transpor- security. lish a public version of such report, in ac- tation Security Advisory Committee. The U.S. surface transportation sys- cordance with section 552a(b) of title 5, (c) CLERICAL AMENDMENT.—The table of United States Code. contents in section 1(b) of the Homeland Se- tem is a dynamic, interconnected net- ‘‘(e) ADMINISTRATION RESPONSE.— curity Act of 2002 is amended by inserting work of passenger and freight rail- ‘‘(1) CONSIDERATION.—The Administrator after the item relating to section 1616 the roads, mass transit systems, over-the- shall consider the information, advice, and following new items: road bus operators, motor carrier oper- recommendations of the Advisory Com- ‘‘Subtitle C—Surface Transportation ators, pipelines, and maritime facili- mittee in formulating policies, programs, Security ties. These systems are the bedrock of initiatives, rulemakings, and security direc- the American economy and way of life, tives pertaining to surface transportation se- ‘‘Sec. 1621. Surface Transportation Security curity efforts. Advisory Committee.’’. which is precisely why they are such ‘‘(2) FEEDBACK.—Not later than 90 days SEC. 3. TECHNOLOGY INVESTMENT PLAN. attractive targets for terrorists. after the date that the Administrator re- (a) IN GENERAL.—Section 1611 of the Home- In addition to a number of horrific ceives a recommendation from the Advisory land Security Act of 2002 (6 U.S.C. 563) is attacks against surface targets by ter- Committee under subsection (d)(2), the Ad- amended by adding at the end the following rorists overseas, we have recently expe- ministrator shall submit to the Advisory new subsection: rienced an attempted suicide bombing Committee written feedback on such rec- ‘‘(h) ADDITIONAL UPDATE REQUIREMENTS.— in New York City’s Port Authority Bus ommendation, including— Updates and reports required pursuant to Terminal. This attack was the first at- ‘‘(A) if the Administrator agrees with such subsection (g) shall— recommendation, a plan describing the ac- ‘‘(1) be prepared in consultation with indi- tempted suicide bombing on American tions that the Administrator has taken, will viduals and entity specified in subsection (b), soil and represented a startling shift in take, or recommends that the head of an- as well as the Surface Transportation Secu- the threat landscape. other Federal department or agency take to rity Advisory Committee established by the Luckily, this incident only yielded implement such recommendation; or Administrator pursuant to section 1621; injury to the would-be attacker. How- ‘‘(B) if the Administrator disagrees with ‘‘(2) include information relating to tech- ever, it served as an important re- such recommendation, a justification for nology investments by the Transportation minder that we must be prepared to re- such disagreement. Security Administration and the private sec- spond to threats in all modes of trans- ‘‘(3) NOTICES.—Not later than 30 days after tor that the Department supports with re- portation. the date the Administrator submits feedback search, development, testing, and evaluation While TSA is responsible for securing under paragraph (2), the Administrator for aviation, air cargo, and surface transpor- shall— tation security; and all of America’s transportation sys- ‘‘(A) notify the Committee on Homeland ‘‘(3) to the extent practicable, include a tems, surface transportation security Security of the House of Representatives and classified addendum to report sensitive has been consistently overshadowed by the Committee on Commerce, Science, and transportation security risks and associated the amount of attention and resources Transportation of the Senate of such feed- capability gaps that would be best addressed dedicated to aviation security. back, including the agreement or disagree- by security-related technology described in This imbalance is aptly illustrated ment under subparagraph (A) or (B) of such paragraph (2).’’. by the glaring absence of surface trans- paragraph, as applicable; and (b) EFFECTIVE DATE.—The amendment portation at TSA’s ‘‘Strategic Five- ‘‘(B) provide the committees specified in made by subsection (a) shall take effect on Year Technology Investment Plan’’ as subparagraph (A) with a briefing upon re- the date of the enactment of this Act and well as the ‘‘Biennial Refresh.’’ quest. apply beginning with the first update and re- The plan is a key communication ‘‘(4) UPDATES.—Not later than 90 days after port required under subsection (g) of section the date the Administrator receives a rec- 1611 of the Homeland Security Act of 2002 tool for TSA to help stakeholders un- ommendation from the Advisory Committee that is required after such date derstand the agency’s priorities and to under subsection (d)(2) that the Adminis- The SPEAKER pro tempore. Pursu- enable them to align investments and trator agrees with, and quarterly thereafter product investment initiatives accord- ant to the rule, the gentleman from until such recommendation is fully imple- ingly. New York (Mr. KATKO) and the gen- mented, the Administrator shall submit to I would like to reiterate that TSA is the Committee on Homeland Security of the tleman from Rhode Island (Mr. LAN- responsible for securing all of Amer- House of Representatives and the Committee GEVIN) each will control 20 minutes. ica’s transportation systems, and that on Commerce, Science, and Transportation The Chair recognizes the gentleman surface transportation is a key and in- of the Senate a report or post on the public from New York. tegral element of that mission. website under paragraph (5) an update on the GENERAL LEAVE status of such recommendation. TSA does not procure technology for Mr. KATKO. Mr. Speaker, I ask ‘‘(5) WEBSITE.—The Administrator shall local surface transportation operators, maintain a public website that— unanimous consent that all Members but it does set the standards for viable ‘‘(A) lists the members of the Advisory have 5 legislative days within which to security technologies and equipment Committee; revise and extend their remarks and infor that environment. Therefore, in- ‘‘(B) provides the contact information for clude any extraneous material on the vestments related to research, develop- the Advisory Committee; and bill under consideration. ment, testing, and evaluation of secu- ‘‘(C) information relating to meetings, The SPEAKER pro tempore. Is there rity technologies for surface transpor- minutes, annual reports, and the implemen- objection to the request of the gen- tation systems should be included in tation of recommendations under this sec- tleman from New York? tion. TSA’s ‘‘Strategic Five-Year Tech- ‘‘(f) NONAPPLICABILITY OF FACA.—The Fed- There was no objection. nology Investment Plan.’’ eral Advisory Committee Act (5 U.S.C. App.) Mr. KATKO. Mr. Speaker, I yield my- My legislation will enhance the visi- shall not apply to the Advisory Committee self such time as I may consume. bility of the surface transportation sec- or any subcommittee established under this Mr. Speaker, I rise today in support tor and ensure that TSA is positioned section.’’. of H.R. 5081, the Surface Transpor- to address emerging threats through (b) ADVISORY COMMITTEE MEMBERS.— tation Security and Technology Ac- (1) VOTING MEMBERS.—Not later than 180 this critical infrastructure, which days after the date of the enactment of this countability Act of 2018. serves more than 10 billion riders in Act, the Administrator of the Transpor- America’s transportation sector has the United States annually. tation Security Administration shall appoint long been, and continues to be, a top My bill authorizes the establishment the voting members of the Surface Transpor- target for terrorism. In addition to per- of a Surface Transportation Security tation Security Advisory Committee estab- sistent threats to aviation, terrorists Advisory Committee that will provide lished under section 1621 of the Homeland Se- continue to see surface transportation stakeholders the opportunity to coordi- curity Act of 2002, as added by subsection (a) as soft targets that can yield high nate with TSA and comment on policy of this section. numbers of casualties. and pending regulations. (2) NONVOTING MEMBERS.—Not later than 90 days after the date of the enactment of this As chairman of the Subcommittee on The Surface Transportation Security Act, each Federal department and agency Transportation and Protective Secu- Advisory Committee is a necessary and with regulatory authority over a mode of rity, I have held numerous hearings, long-overdue complement to the Avia- surface transportation, as the Administrator briefings, and roundtables dedicated to tion Security Advisory Committee,

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.029 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5627 which has been a critical resource for TSA develops new and effective secu- H.R. 5730 the agency and stakeholders, and has rity technologies for surface transpor- Be it enacted by the Senate and House of Rep- led to a number of improvements in tation and that we are investing in the resentatives of the United States of America in aviation security, as well as TSA proc- right technology at the right time, at Congress assembled, esses. the right place. SECTION 1. SHORT TITLE. Additionally, this bill explicitly di- Mr. Speaker, I urge my colleagues to This Act may be cited as the ‘‘Transpor- tation Security Technology Innovation Re- rects TSA to expand the scope of its support this bipartisan piece of legisla- form Act of 2018’’. technology investment plan to incor- tion. Again, I commend the gentleman SEC. 2. DEFINITIONS. porate investments related to surface from New York (Mr. KATKO) for his In this Act: transportation security and air cargo hard work on this bill. (1) ADMINISTRATION.—The term ‘‘Adminis- security. Mr. Speaker, I reserve the balance of tration’’ means the Transportation Security My bill will signal to TSA that this my time. Administration. committee takes its oversight of all Mr. KATKO. Mr. Speaker, I would (2) ADMINISTRATOR.—The term ‘‘Adminis- transportation modes seriously and like to thank my colleague from Rhode trator’’ means the Administrator of the Ad- that the security of surface transpor- Island for his kind words about this bill ministration. (3) APPROPRIATE CONGRESSIONAL COM- tation modes should be a higher pri- and for the bipartisanship that per- MITTEE.—The term ‘‘appropriate congres- ority for the agency. vades our committee. It is a model, I sional committees’’ means the Committee on Mr. Speaker, I would like to thank think, that, Congress-wide, we could Homeland Security of the House of Rep- the ranking member of the Transpor- use more of. The bipartisanship that resentatives and the Committee on Com- tation and Protective Security Sub- we have on this committee really is merce, Science, and Transportation of the committee, Mrs. WATSON COLEMAN, for helping to keep America safer. Senate. cosponsoring this legislation and for Mr. Speaker, I have no more speak- (4) DEPARTMENT.—The term ‘‘Department’’ her dedication to securing all modes of ers. I reserve the balance of my time. means the Department of Homeland Secu- transportation. rity. b 1930 I also wish to thank Chairman SEC. 3. TRANSPORTATION SYSTEMS INTEGRA- Mr. LANGEVIN. Mr. Speaker, I yield TION FACILITY. MCCAUL for his support of this bill and (a) IN GENERAL.—There is established in for ensuring its swift markup at com- myself the balance of my time. the Administration a Transportation Secu- mittee. Mr. Speaker, I just wanted to, again, rity Administration Systems Integration Fa- Whether we talk about mass transit, also echo the words of my colleague cility (TSIF) for the purposes of testing and passenger rail, buses, trucking, freight from New York in that there is great evaluating advanced transportation security rail, or pipelines, I understand that bipartisanship on the Homeland Secu- screening technologies related to the mis- surface transportation is of critical im- rity Committee. I have often said that sion of the Administration. The TSIF shall— (1) evaluate such technologies to enhance portance to all our communities, in- if there is one place we are going to find bipartisanship, it is when it comes the security of transportation systems cluding my home district in central through screening and threat mitigation and New York. For that reason, I urge all to protecting the homeland, protecting detection; of my colleagues to support the bill. our national security, and certainly it (2) conduct testing of such technologies to Mr. Speaker, I reserve the balance of has been evidenced by this particular support identified mission needs of the Ad- my time. bill and the several bills that we will ministration and to meet requirements for Mr. LANGEVIN. Mr. Speaker, I yield have before us this evening. acquisitions and procurement; myself such time as I may consume. Mr. Speaker, H.R. 5081 will enhance (3) to the extent practicable, provide origi- Mr. Speaker, I rise in support of H.R. the security of mass transit and other nal equipment manufacturers with test plans critical surface transportation modes. to minimize requirement interpretation dis- 5081, the Surface Transportation Secu- putes and adhere to provided test plans; rity and Technology Accountability This legislation is sorely needed, and I (4) collaborate with other technical labora- Act of 2018. thank the chairman of the Transpor- tories and facilities for purposes of aug- Mr. Speaker, every day, millions of tation and Protective Security Sub- menting TSIF’s capabilities; Americans engage with surface trans- committee, Mr. KATKO, for his efforts. (5) deliver advanced transportation secu- portation across various modes, includ- I encourage my colleagues to support rity screening technologies that enhance the ing passenger and freight trains, com- H.R. 5081, and I yield back the balance overall security of domestic transportation muter rail, mass transit, and buses. of my time. systems; and These systems, which so many of us Mr. KATKO. Mr. Speaker, I urge my (6) to the extent practicable, provide funding and promote efforts to enable participa- rely on, are often viewed as soft tar- colleagues to support the bill, and I tion by a small business concern (as such gets, so it is more important than ever yield back the balance of my time. term is described under section 3 of the that we intensify efforts to secure The SPEAKER pro tempore. The Small Business Act (15 U.S.C. 632)) that has these critical systems. question is on the motion offered by an advanced technology or capability but H.R. 5081 is a step in the right direc- the gentleman from New York (Mr. does not have adequate resources to partici- tion. KATKO) that the House suspend the pate in testing and evaluation processes. Mr. Speaker, I want to commend my rules and pass the bill, H.R. 5081. (b) STAFFING AND RESOURCE ALLOCATION.— The Administrator shall ensure adequate colleague from New York (Mr. KATKO) The question was taken; and (two- staffing and resource allocations for the for his hard work and dedication in thirds being in the affirmative) the TSIF in a manner which— putting this bill together and seeing rules were suspended and the bill was (1) prevents unnecessary delays in testing that it gets to the floor this evening. passed. and evaluating advanced transportation se- This bill authorizes the Transpor- A motion to reconsider was laid on curity screening technologies for acquisi- tation Security Administration to the table. tions and procurement determinations; (2) ensures the issuance of final paperwork form a Surface Transportation Secu- f rity Advisory Committee to advise on certification does not exceed 45 days after surface transportation security mat- TRANSPORTATION SECURITY the conclusion of such testing and evaluation; and ters, including the development and TECHNOLOGY INNOVATION RE- FORM ACT OF 2018 (3) collaborates with technology stake- implementation of policies and secu- holders to close capabilities gaps in trans- rity directives. This committee will in- Mr. KATKO. Mr. Speaker, I move to portation security. clude stakeholders from each mode of suspend the rules and pass the bill (c) TIMEFRAME.— surface transportation, including pipe- (H.R. 5730) to require testing and eval- (1) IN GENERAL.—The Administrator shall lines, as well as representatives from uation of advanced transportation se- notify the appropriate congressional com- labor organizations, law enforcement, curity screening technologies related mittees whenever testing and evaluation by and the first responder community. to the mission of the Transportation TSIF of an advanced transportation security screening technology under this section ex- Importantly, H.R. 5081 requires TSA Security Administration, and for other ceeds 180 days as determined from the date to consult with the advisory com- purposes, as amended. on which the owner of such technology mittee in the development of its tech- The Clerk read the title of the bill. turned over such technology to the Adminis- nology investment plan to ensure that The text of the bill is as follows: tration after installation for testing and

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.059 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5628 CONGRESSIONAL RECORD — HOUSE June 25, 2018 evaluation purposes, as evidenced by a Governmental Affairs of the Senate a com- resources to efficiently conduct testing signed Test Readiness Notification from such pliance assessment of the Transportation Se- and evaluation of new screening tech- owner to the Administration. Such notifica- curity Administration’s acquisition process nologies in a timely manner. tion shall include— relating to the health and safety risks asso- This legislation will ensure that ade- (A) information relating to the arrival date ciated with implementation of screening of such technology; technologies. quate staffing and resources are allo- (B) reasons why the testing and evaluation cated to the TSIF, and that TSA is au- The SPEAKER pro tempore. Pursu- thorized to collaborate with outside process has exceeded 180 days; and ant to the rule, the gentleman from (C) an estimated time for completion of laboratories and stakeholders to expe- such testing and evaluation. New York (Mr. KATKO) and the gen- dite the much-needed testing of these (2) RETESTING AND EVALUATION.—Advanced tleman from Rhode Island (Mr. LAN- technologies. transportation security screening tech- GEVIN) each will control 20 minutes. Further, this legislation provides sig- nology that fails testing and evaluation by The Chair recognizes the gentleman nificant accountability by requiring the TSIF may be retested and evaluated. from New York. TSA to share test plans with original (d) RELATIONSHIP TO OTHER DEPARTMENT GENERAL LEAVE ENTITIES AND FEDERAL AGENCIES.—The au- equipment manufacturers in order to thority of the Administrator under this title Mr. KATKO. Mr. Speaker, I ask ensure the integrity and consistency of shall not affect the authorities or respon- unanimous consent that all Members testing and evaluation processes. The sibilities of any officer of the Department or have 5 legislative days within which to bill includes specific metrics for re- of any officer of any other department or revise and extend their remarks and in- porting to Congress and stakeholders agency of the United States with respect to clude any extraneous material on the on delays in testing so that there is research, development, testing, and evalua- bill under consideration. greater visibility into potential bu- tion, including the authorities and respon- The SPEAKER pro tempore. Is there sibilities of the Undersecretary for Science reaucratic hiccups. objection to the request of the gen- H.R. 5730 directs the TSA Adminis- and Technology of the Department and the tleman from New York? Countering Weapons of Mass Destruction Of- trator to conduct a wholesale evalua- fice of the Department. There was no objection. tion of the agency’s testing and acqui- SEC. 4. REVIEW OF TECHNOLOGY ACQUISITIONS Mr. KATKO. Mr. Speaker, I yield my- sition processes and identify areas that PROCESS. self such time as I may consume. can be streamlined and improved. This (a) IN GENERAL.—Not later than 180 days Mr. Speaker, I rise today in strong legislation emphasizes the agency’s after the date of the enactment of this Act, support of H.R. 5730, the Transpor- need to engage and leverage other gov- the Administrator shall, in coordination tation Security Technology Innovation ernment agencies, transportation with relevant officials of the Department, Reform Act of 2018. This legislation stakeholders, and small businesses, to conduct a review of existing advanced trans- represents a culmination of years of bi- portation security screening technology de- more effectively and expeditiously development, acquisitions, and procurement partisan oversight efforts by the Home- ploy critical security technologies. practices within the Administration. Such land Security Committee and, more Mr. Speaker, the Transportation Se- review shall include— specifically, the Subcommittee on curity Technology Innovation Reform (1) identifying process delays and bottle- Transportation and Protective Secu- Act of 2018 cuts straight to the heart of necks within the Department and the Ad- rity, which I chair. the problems plaguing TSA, and di- ministration regarding how such technology My committee colleagues and I have rectly addresses issues identified by is identified, developed, acquired, and de- seen, firsthand, the challenges facing stakeholders. ployed; TSA in delivering advanced security (2) assessing whether the Administration As any of my committee colleagues can better leverage existing resources or technologies to the front lines at air- can tell you, the threats facing trans- processes of the Department for the purposes ports. Technologies such as Computed portation security now are more severe of technology innovation and development; Tomography and Credential Authen- and more troubling than ever, and our (3) assessing whether the Administration tication Technology are years behind ability to effectively mitigate these can further encourage innovation and com- where they should be in deployment threats with advanced technology is of petition among technology stakeholders, in- due to unnecessary delays, opaque test- the utmost importance. cluding through increased participation of ing timelines, and capacity challenges I wish to thank my friend, the rank- and funding for small business concerns (as at TSA. ing member of the Subcommittee on such term is described under section 3 of the What is even more frustrating is that Small Business Act (15 U.S.C. 632)); Transportation and Protective Secu- (4) identifying best practices of other De- these technologies, made by American rity, Mrs. WATSON COLEMAN, whose partment components or United States Gov- companies, are already deployed at a partnership and leadership on this ernment entities; and number of airports overseas in foreign issue has been critical to bringing this (5) a plan to address problems and chal- countries, while our own government bill to the floor today. lenges identified by such review. cannot efficiently test and deploy these I also would like to thank the full (b) BRIEFING.—The Administrator shall already-proven technologies. committee chairman, Mr. MCCAUL, for provide to the appropriate congressional For far too long we have seen the committees a briefing on the findings of the his support of the bill and for shep- review required under this section and a plan traveling public wait for cutting-edge herding it through the committee proc- to address problems and challenges identi- technologies while bureaucratic hin- ess. fied by such review. drances and government inefficiencies Mr. Speaker, I reserve the balance of SEC. 5. ADMINISTRATION ACQUISITIONS AND plague TSA’s testing and evaluation my time. PROCUREMENT ENHANCEMENT. process. Today, the House has the op- Mr. LANGEVIN. Mr. Speaker, I yield (a) IN GENERAL.—The Administrator portunity to pass a solution to this myself such time as I may consume. shall— problem. Mr. Speaker, I rise in support of H.R. (1) engage in outreach, coordination, and H.R. 5730 will reform and galvanize 5730, the Transportation Security collaboration with transportation stake- efforts to bring 21st-century solutions Technology Innovation Reform Act of holders to identify and foster innovation of new advanced transportation security to persistent security challenges facing 2018. H.R. 5730 authorizes TSA’s Trans- screening technologies; America’s transportation systems. Spe- portation Security Administration (2) streamline the overall technology de- cifically, this legislation will authorize Systems Integration Facility, or TSIF. velopment, testing, evaluation, acquisitions, the core functions of the TSA Systems Threats against the transportation procurement, and deployment processes of Integration Facility, or TSIF for short. system are constantly evolving. They the Administration; and The TSIF will be charged with con- demand the TSA be proactive in devel- (3) ensure the effectiveness and efficiency ducting efficient and transparent test- oping new and innovative technologies. of such processes. ing of critical security technologies in By authorizing the TSIF, H.R. 5730 di- SEC. 6. ASSESSMENT. a manner that is responsive to stake- rects TSA to evaluate, test, collaborate The Secretary of Homeland Security, in holders and the needs of the traveling on and, ultimately, deliver advance consultation with the Chief Privacy Officer of the Department of Homeland Security, public. screening technologies. shall submit to the Committee on Homeland One key problem that I often hear H.R. 5730 also includes language to Security of the House of Representatives and from technology stakeholders is that ensure that TSA has the necessary the Committee on Homeland Security and TSA does not have the bandwidth or staff and resources to develop the best

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.032 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5629 and most cutting-edge technology. Im- our security measures in order to do including recommendations regarding the portantly, the bill includes language harm to the American people. And the following topics: authored by the Ranking Member, Mr. technologies that are already existing (1) Information sharing and interoperable communication capabilities among the De- THOMPSON, to enhance the level of sup- out there are not being put on the front partment of Homeland Security and public port TSA provides to small businesses line, and that is a shame. This bill at- and private stakeholders with respect to ter- throughout TSA’s technology testing tempts to address that. rorist or other threats. and procurement process. Mr. Speaker, I urge my colleagues to (2) Coordinated incident response proce- Greater participation of small busi- support the bill, and I yield back the dures. nesses, really, where innovation hap- balance of my time. (3) The prevention of terrorist attacks and pens, in the security marketplace, will The SPEAKER pro tempore. The other incidents through strategic planning, not only help ensure that promising question is on the motion offered by security training, exercises and drills, law technologies are pursued; it will also the gentleman from New York (Mr. enforcement patrols, worker vetting, and suspicious activity reporting. help TSA move away from its reliance KATKO) that the House suspend the (4) Infrastructure protection through effec- on a handful of large technology manu- rules and pass the bill, H.R. 5730, as tive construction design barriers and instal- facturers. amended. lation of advanced surveillance and other se- Mr. Speaker, I urge my colleagues in The question was taken; and (two- curity technologies. the House to support this measure, and thirds being in the affirmative) the (b) ANNUAL REPORT.—Not later than one I reserve the balance of my time. rules were suspended and the bill, as year after the establishment of the working Mr. KATKO. Mr. Speaker, I yield my- amended, was passed. group under subsection (a) and annually self such time as I may consume. A motion to reconsider was laid on thereafter for five years, the Secretary of First of all, I want to thank my col- Homeland Security shall report to the Com- the table. mittee on Homeland Security of the House of league from Rhode Island for his com- f Representatives and the Committee on Com- ments in support of this bill as well, merce, Science, and Transportation of the and shepherding it through the process SECURING PUBLIC AREAS OF Senate on the working group’s organization, here today on the floor. TRANSPORTATION FACILITIES participation, activities, findings, and non- I will note—and I want to digress for ACT OF 2018 binding recommendations for the imme- a moment. We went on a congressional Mr. KATKO. Mr. Speaker, I move to diately preceding 12-month period. The Sec- delegation. I led that delegation to Eu- suspend the rules and pass the bill retary may publish a public version of such rope and the Middle East several report that describes the working group’s ac- (H.R. 5766) to improve the security of tivities and such related matters as would be months ago, and it was a bipartisan ef- public areas of transportation facili- informative to the public, consistent with fort to evaluate the technologies in use ties, and for other purposes. section 552(b) of title 5, United States Code. at other airports in Europe and in the The Clerk read the title of the bill. (c) INAPPLICABILITY OF THE FEDERAL ADVI- Middle East. And it was stunning for us The text of the bill is as follows: SORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not to go to those airports and see Amer- H.R. 5766 apply to the working group established ican-made computed tomography, or 3– Be it enacted by the Senate and House of Rep- D scanners, already on the front lines, under subsection (a) or any subsidiary there- resentatives of the United States of America in of. already doing the job, already making Congress assembled, those airports much safer than ours are SEC. 4. TECHNICAL ASSISTANCE. SECTION 1. SHORT TITLE. (a) IN GENERAL.—The Secretary of Home- today, and those products are made This Act may be cited as the ‘‘Securing land Security shall— here in the United States. Public Areas of Transportation Facilities (1) inform owners and operators of surface It is maddening that we had this bu- Act of 2018’’. transportation assets about the availability reaucratic bottleneck of testing proce- SEC. 2. DEFINITIONS. of technical assistance, including vulner- dures and algorithms and everything In this Act: ability assessment tools and cybersecurity else, while the front lines are not being (1) PUBLIC AND PRIVATE SECTOR STAKE- guidelines, to help protect and enhance the addressed. So this bill attempts to ad- HOLDERS.—The term ‘‘public and private sec- resilience of public areas of such assets; and dress that backlog, and I am very tor stakeholders’’ has the meaning given (2) subject to the availability of appropriations, provide such technical assistance to proud to have been a sponsor of it. such term in section 114(u)(1)(C) of title 49, United States Code. requesting owners and operators of surface Mr. Speaker, I have no more speak- (2) SURFACE TRANSPORTATION ASSET.—The transportation assets. ers, and I am prepared to close once the term ‘‘surface transportation asset’’ includes (b) BEST PRACTICES.—Not later than one gentleman from Rhode Island does. I facilities, equipment, or systems used to pro- year after the date of the enactment of this reserve the balance of my time. vide transportation services by— Act, the Secretary of Homeland Security Mr. LANGEVIN. Mr. Speaker, I yield (A) a public transportation agency (as such shall publish on the Department of Home- myself the balance of my time. term is defined in section 1402(5) of the Im- land Security’s website and widely dissemi- H.R. 5730 is focused on closing secu- plementing Recommendations of the 9/11 nate, as appropriate, best practices for pro- rity capability gaps and streamlining Commission Act of 2007 (Public Law 110–53; 6 tecting and enhancing the resilience of public areas of transportation facilities (includ- the technology acquisitions process at U.S.C. 1131(5))); (B) a railroad carrier (as such term is de- ing facilities that are surface transportation TSA. fined in section 20102(3) of title 49, United assets), including associated frameworks or When everything is said and done, States Code); templates for implementation. Such best TSA’s ultimate mission is to ensure (C) an owner or operator of— practices shall be updated periodically. the safety and security of the traveling (i) an entity offering scheduled, fixed-route SEC. 5. REVIEW. public, and H.R. 5730 would do just transportation services by over-the road bus (a) REVIEW.—Not later than one year after that. (as such term is defined in section 1501(4) of the date of the enactment of this Act, the I commend the gentleman from New the Implementing Recommendations of the Administrator of the Transportation Secu- 9/11 Commission Act of 2007 (Public Law 110– York (Mr. KATKO) for his work on this rity Administration shall submit to the 53; 6 U.S.C. 1151(4))); or legislation. I think it is going to make Committee on Homeland Security of the (ii) a bus terminal; or House of Representatives and the Committee an appreciable difference in keeping (D) other transportation facilities, equip- on Commerce, Science, and Transportation the traveling public safe. ment, or systems, as determined by the Sec- of the Senate a report that includes a review I urge my colleagues to support H.R. retary. of regulations, directives, policies, and pro- 5730, and I yield back the balance of my SEC. 3. PUBLIC AREA SECURITY WORKING cedures issued by the Administrator regard- time. GROUP. ing the transportation of a firearm and am- Mr. KATKO. Mr. Speaker, I yield my- (a) WORKING GROUP.—The Secretary of munition, and, as appropriate, information self the balance of my time. Homeland Security shall establish a working on plans to modify any such regulation, di- To use an old saying that I like to group to promote collaborative engagement rective, policy, or procedure based on such use, TSA seems to be engaged in the between the Department of Homeland Secu- review. rity and public and private sector stake- (b) CONSULTATION.—In preparing the report practice of polishing the brass while holders to develop non-binding recommenda- required under subsection (a), the Adminis- the fire bell is ringing; and the fire bell tions for enhancing security in public areas trator of the Transportation Security Ad- is, indeed, ringing with the bad guys of transportation facilities (including facili- ministration shall consult with the Aviation trying to get scary technology through ties that are surface transportation assets), Security Advisory Committee (established

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.063 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5630 CONGRESSIONAL RECORD — HOUSE June 25, 2018 pursuant to section 44946 of title 49, United stakeholders charged with securing the Mr. LANGEVIN. Mr. Speaker, I yield States Code) and appropriate public and pri- traveling public. myself the balance of my time. vate sector stakeholders. Mr. Speaker, I thank the gentleman Mr. Speaker, H.R. 5766 is an impor- The SPEAKER pro tempore. Pursu- from New Jersey (Mr. PAYNE) for his tant piece of legislation that has ant to the rule, the gentleman from focus on this important issue. I also strong support on both sides of the New York (Mr. KATKO) and the gen- thank the chairman of the full com- aisle. It is nice to see the bipartisan- tleman from Rhode Island (Mr. LAN- mittee, Mr. MCCAUL, for seeing this bill ship once again. It directs meaningful, GEVIN) each will control 20 minutes. through the markup process. sensible action to help enhance the se- The Chair recognizes the gentleman I urge my colleagues to support this curity of public-facing areas. from New York. bill, and I reserve the balance of my Mr. Speaker, I encourage my col- GENERAL LEAVE time. leagues to support H.R. 5766, and I yield Mr. KATKO. Mr. Speaker, I ask Mr. LANGEVIN. Mr. Speaker, I yield back the balance of my time. unanimous consent that all Members myself such time as I may consume. Mr. KATKO. Mr. Speaker, my time have 5 legislative days within which to I rise in support of H.R. 5766, the Se- on the Homeland Security Committee revise and extend their remarks and in- curing Public Areas of Transportation over the past 31⁄2 years has been a true clude any extraneous material on the Facilities Act of 2018. testament to bipartisanship: trying to bill under consideration. Mr. Speaker, H.R. 5766 was intro- get the right things done, putting aside The SPEAKER pro tempore. Is there duced to address the growing risk of political differences to keep the coun- objection to the request of the gen- terrorist attacks in the public areas of try as safe and secure as we possibly tleman from New York? transportation facilities. can. There was no objection. In recent years, there has been a Mr. Speaker, I am honored to support Mr. KATKO. Mr. Speaker, I yield my- growing appreciation that public areas the bill of my colleague from New Jer- self such time as I may consume. of airports and transportation facili- sey (Mr. PAYNE). I urge my colleagues Mr. Speaker, I rise in support of H.R. ties, where crowds tend to gather, have to support the bill, and I yield back the 5766, the Securing Public Areas of become soft targets for terrorists. We balance of my time. Transportation Facilities Act of 2018. have seen that internationally and do- The SPEAKER pro tempore. The This legislation will improve security mestically, as there have been violent question is on the motion offered by coordination among transportation incidents in public airport areas in the gentleman from New York (Mr. stakeholders by establishing a working Brussels, Los Angeles, New Orleans and KATKO) that the House suspend the group between the Department of Fort Lauderdale. Last year, there was rules and pass the bill, H.R. 5766. Homeland Security and public and pri- an attempted attack on New York The question was taken; and (two- vate stakeholders to develop rec- City’s transit system as well. thirds being in the affirmative) the ommendations for enhancing public H.R. 5766 seeks to bolster protection rules were suspended and the bill was area security of transportation facili- for the public-facing sides of transpor- passed. ties. tation systems. It does so, in part, by A motion to reconsider was laid on H.R. 5766 directs that the working authorizing a working group to stream- the table. group focus on key areas including in- line communication and collaboration f formation sharing, interoperable com- between the Department of Homeland munications, incident response, and Security and key stakeholders. Addi- DHS INDUSTRIAL CONTROL SYS- the prevention of terrorist attacks tionally, it directs DHS to disseminate TEMS CAPABILITIES ENHANCE- through strategic planning and secu- technical assistance to operators such MENT ACT OF 2018 rity exercises. Taking steps to improve as vulnerability assessment tools and Mr. BACON. Mr. Speaker, I move to upon these critical components to se- cybersecurity guidelines. suspend the rules and pass the bill curity preparedness and resiliency is Finally, H.R. 5766 requires TSA to re- (H.R. 5733) to amend the Homeland Se- directly correlated to America’s ability view its regulations, policies, and pro- curity Act of 2002 to provide for the re- to mitigate the constantly-evolving cedures regarding the transportation of sponsibility of the National Cybersecu- threat to our transportation system. firearms and ammunition and submit a rity and Communications Integration The traveling public must be secure comprehensive report to Congress on Center to maintain capabilities to in all modes of transportation security, its findings and any planned modifica- identify threats to industrial control and the millions of Americans who uti- tions. The presence of firearms and am- systems, and for other purposes, as lize surface transportation networks munition in public areas of transpor- amended. every single day to travel to work and tation facilities is a timely concern. The Clerk read the title of the bill. school rely upon strong Federal, State, The text of the bill is as follows: local, and private sector collaboration. b 1945 Over the last several years we have In January 2017, an arriving airline H.R. 5733 seen a marked increase in attacks to passenger in Fort Lauderdale retrieved Be it enacted by the Senate and House of Rep- public areas of transportation net- a gun and ammunition from his resentatives of the United States of America in Congress assembled, works. From airports like LAX in Los checked bag and opened fire on trav- Angeles, Fort Lauderdale, Istanbul, elers in the baggage claim area, killing SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘DHS Indus- Brussels, to mass transit hubs in New five people and injuring six others. trial Control Systems Capabilities Enhance- York City, London, Madrid and Bel- In 2017 alone, TSA reported that its ment Act of 2018’’. gium, we have witnessed horrific officers discovered 3,957 firearms at se- SEC. 2. CAPABILITIES OF NATIONAL CYBERSECU- scenes of attack in crowded public curity checkpoints, 84 percent of which RITY AND COMMUNICATIONS INTE- spaces of transportation systems. were loaded. GRATION CENTER TO IDENTIFY I am glad this bill seeks to improve Mr. Speaker, given the prevalence THREATS TO INDUSTRIAL CONTROL SYSTEMS. upon the resiliency, preparedness, and and availability of guns in this coun- (a) IN GENERAL.—Section 227 of the Home- overall security infrastructure of these try, the very least we can do is evalu- land Security Act of 2002 (6 U.S.C. 148) is networks, which are absolutely crucial ate TSA’s policies for transporting amended— to our economy and the American way them and ensure that they are sensible (1) in subsection (e)(1)— of life. and tailored to the risk. (A) in subparagraph (G), by striking ‘‘and’’ The free movement of people and Mr. Speaker, I urge my House col- after the semicolon; goods across the United States must leagues to support this bipartisan leg- (B) in subparagraph (H), by inserting never be stymied by violent extre- islation, and I reserve the balance of ‘‘and’’ after the semicolon; and mism. That is why it is incumbent my time. (C) by adding at the end the following new subparagraph: upon those of us in Congress to ensure Mr. KATKO. Mr. Speaker, I want to ‘‘(I) activities of the Center address the se- that Homeland Security and TSA are thank my colleague from Rhode Island curity of both information technology and doing all they can to promote effective for supporting this bill, and I reserve operational technology, including industrial collaboration among the litany of the balance of my time. control systems;’’;

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.033 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5631 (2) by redesignating subsections (f) through medical devices, manufacturing facili- curity since 2004. However, enactment (m) as subsections (g) through (n), respec- ties, or transportation networks, dis- of H.R. 5733 will help provide clarity to tively; and ruptions or damage to these systems DHS and its Federal partners at a crit- (3) by inserting after subsection (d) the fol- have the potential to cause cata- ical moment in our Nation’s history. lowing new subsection: Cyber threats, Mr. Speaker, to crit- ‘‘(f) INDUSTRIAL CONTROL SYSTEMS.—The strophic and cascading consequences to Center shall maintain capabilities to iden- our Nation’s national security, our eco- ical infrastructure have never been tify and address threats and vulnerabilities nomic security, and our public health greater, yet leadership from the White to products and technologies intended for and safety. House is dangerously lacking. Over the use in the automated control of critical in- The Department of Homeland Secu- past few months, we have seen top frastructure processes. In carrying out this rity’s National Cybersecurity and Com- cyber officials at the White House subsection, the Center shall— munications Integration Center, or leave, resign, or, in the case of the Cy- ‘‘(1) lead, in coordination with relevant NCCIC, has a key role in addressing the bersecurity Coordinator, have the posi- sector specific agencies, Federal Government efforts to identify and mitigate cybersecu- security of both information tech- tion eliminated altogether. rity threats to industrial control systems, nology and operational technology, in- What is more, the President appears including supervisory control and data ac- cluding the industrial control systems. to be making major foreign policy deci- quisition systems; DHS, through the NCCIC, currently sions with little, if any, regard for cy- ‘‘(2) maintain cross-sector incident re- provides operators of industrial control bersecurity. The President ignored sponse capabilities to respond to industrial systems across critical infrastructure warnings from the intelligence commu- control system cybersecurity incidents; sectors with support. They do this with nity about Chinese telecom company ‘‘(3) provide cybersecurity technical assist- malware and vulnerability analysis, in- ZTE when, in May, he directed the ance to industry end-users, product manufac- Commerce Department, by tweet, to turers, and other industrial control system cident response, and briefings on stakeholders to identify and mitigate emerging threats and vulnerabilities. save this habitual sanctions offender. vulnerabilities; H.R. 5733 codifies DHS’ current role The same month, the news broke that ‘‘(4) collect, coordinate, and provide vul- and directs them to maintain existing the Chinese Government had hacked nerability information to the industrial con- capabilities to identify and address into the networks of a U.S. Navy control systems community by, as appropriate, threats and vulnerabilities to products tractor and syphoned off sensitive mili- working closely with security researchers, and technologies intended for use in tary data. industry end-users, product manufacturers, automated control of critical infra- This month, DHS officials reported and other industrial control systems stake- structure processes. This legislation that the North Korean Government is holders; and ‘‘(5) conduct such other efforts and assist- also supports DHS’ function to secure ramping up its cyber intrusions on ance as the Secretary determines appro- ICS technologies by allowing NCCIC to critical infrastructure in the U.S. and priate.’’. provide cybersecurity technical assist- around the world. (b) REPORT TO CONGRESS.—Not later than ance to ICS end users, product manu- With respect to Russia, we know that 180 days after the date of the enactment of facturers, and other stakeholders to the Kremlin has the capability to turn this Act, and every 6 months thereafter dur- mitigate and identify vulnerabilities. off the lights with a cyber intrusion, as ing the subsequent four-year period, the Na- DHS operates a central hub for ICS it has done in Ukraine. We also know tional Cybersecurity and Communications information exchange, technical exper- that Russia has been able to success- Integration Center shall provide to the Com- mittee on Homeland Security of the House of tise, operational partnerships, and ICS- fully infiltrate the networks of a wide Representatives and the Committee on focused cybersecurity capabilities. Mr. range of U.S. critical infrastructure op- Homeland Security and Governmental Af- Speaker, I urge my colleagues to sup- erators, including power plants. fairs of the Senate a briefing on the indus- port H.R. 5733 to codify the work that DHS, through the National Cyberse- trial control systems capabilities of the Cen- DHS performs in mitigating industrial curity and Communications Integra- ter under subsection (f) of section 227 of the control system vulnerabilities, while tion Center, or the NCCIC, provides Homeland Security Act of 2002 (6 U.S.C. 148), ensuring that private industry has a critical infrastructure owners and op- as added by subsection (a). permanent place for assistance to ad- erators with valuable cyber assistance The SPEAKER pro tempore. Pursu- dress cybersecurity risks. and resources to help secure their sys- ant to the rule, the gentleman from I want to thank Chairman MCCAUL tems. The NCCIC, and specifically the Nebraska (Mr. BACON) and the gen- and Chairman RATCLIFFE for their sup- Industrial Control Systems Computer tleman from Rhode Island (Mr. LAN- port of this legislation, as well as Con- Emergency Response Team, or ICS- GEVIN) each will control 20 minutes. gressman LANGEVIN for his amendment CERT, has longstanding relationships The Chair recognizes the gentleman in committee. This is a bipartisan ef- with critical infrastructure stake- from Nebraska. fort. holders and the expertise to help own- GENERAL LEAVE Mr. Speaker, I reserve the balance of ers and operators harden their de- Mr. BACON. Mr. Speaker, I ask unan- my time. fenses. imous consent that all Members may Mr. LANGEVIN. Mr. Speaker, I yield Expertise in operational technology, have 5 legislative days within which to myself such time as I may consume. or OT, cybersecurity is even harder to revise and extend their remarks and in- Mr. Speaker, I rise in support of H.R. come by than the more traditional include extraneous material on the bill 5733, the DHS Industrial Control Sys- formation and communications tech- under consideration. tems Capabilities Enhancement Act. nology, or ICT, space, and all of my The SPEAKER pro tempore. Is there H.R. 5733 would codify the Department colleagues know how much of a work- objection to the request of the gen- of Homeland Security’s role in leading force challenge we are facing there. tleman from Nebraska? Federal efforts to secure industrial Congress is wise to recognize the There was no objection. control systems. amazing resource we have in ICS-CERT Mr. BACON. Mr. Speaker, I yield my- I want to commend the gentleman by formally authorizing it with Mr. self such time as I may consume. from Nebraska (Mr. BACON) for his hard BACON’s bill. Security solutions in the Mr. Speaker, I rise today in support work on this legislation. I have enjoyed ICT space do not always map well onto of H.R. 5733, the DHS Industrial Con- collaborating with him on it, and I am operational technology, and being control Systems Capabilities Enhance- grateful for his support and his support versant in the nuances is essential if ment Act of 2018. of the amendment that I offered in we are to protect the systems that we Industrial control systems are the committee to make the act, I think, so heavily rely on. critical interface between digital con- even better. During the committee consideration, trols and a physical process. These sys- Mr. Speaker, we depend on control I was also proud to offer an amendment tems are ubiquitous in our modern so- systems to deliver basic necessities to codify ICS-CERT’s coordinated vul- ciety and are utilized in all 16 sectors like clean water, a steady energy sup- nerability disclosure program that en- of our Nation’s critical infrastructure. ply, reliable transportation systems, sures ICS vulnerabilities can be re- Whether they are used in managing and medical care. ported securely, promptly, and respon- the operations of electric power gen- This is not a new role for DHS, which sibly. Through this program, manufac- erators, water treatment facilities, has been working on control system se- turers are assured of a chance to patch

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.034 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5632 CONGRESSIONAL RECORD — HOUSE June 25, 2018 vulnerabilities before they are publicly Russians and the Chinese are both ‘‘(A) have significant professional manage- announced, and security researchers working to be able to attack our en- ment experience, as well as experience in the are assured that their voices will be ergy grid, among other parts of our in- field of biometrics and identity management; heard. frastructure, and we need to be pre- ‘‘(B) lead the Department’s biometric iden- ICS-CERT is to be commended for pared. And it doesn’t start on day one tity services to support anti-terrorism, running a progressive program that of a war. It starts now, when we have counter-terrorism, border security, recognizes that most security research- the time to prepare. credentialing, national security, and public ers want to help make the internet and The next December 7 will not be like safety; the scary devices that connect to it a Pearl Harbor with aircraft and tor- ‘‘(C) enable operational missions across the safer place. The coordinated vulnera- pedoes and bombs coming to attack our Department by receiving, matching, storing, bility program does just that by help- Pacific Fleet. It is going to be preceded sharing, and analyzing biometric and associated biographic and encounter data; ing critical infrastructure owners and by a cyber attack that is going to try ‘‘(D) deliver biometric identity informa- operators who receive notices from to shut down our energy grid and other tion and analysis capabilities to— ICS-CERT about discovered vulnerabil- parts of our infrastructure, and the ‘‘(i) the Department and its components; ities and effective patches before mali- time to prepare is now. This bill starts ‘‘(ii) appropriate Federal, State, local, and cious actors have a chance to exploit that process, or continues that process, tribal agencies; any flaws. Mr. Speaker, this bill would so that we are prepared. ‘‘(iii) appropriate foreign governments; and empower ICS-CERT to carry out this Mr. Speaker, I urge my colleagues to ‘‘(iv) appropriate private sector entities; mission fully and effectively. support this bill, and I yield back the ‘‘(E) support the law enforcement, public Mr. Speaker, I want to again com- safety, national security, and homeland se- balance of my time. curity missions of other Federal, State, mend the gentleman for his work on f local, and tribal agencies, as appropriate; this important piece of legislation. I The SPEAKER pro tempore. The ‘‘(F) manage the operation of the Depart- urge my colleagues to support the question is on the motion offered by ment’s primary biometric repository and measure. identification system; the gentleman from Nebraska (Mr. Mr. Speaker, I reserve the balance of ‘‘(G) manage Biometric Support Centers to BACON) that the House suspend the my time. provide biometric identification and Mr. BACON. Mr. Speaker, I just want rules and pass the bill, H.R. 5733, as verification analysis and services to the De- to say it has been a pleasure working amended. partment, appropriate Federal, State, local, The question was taken; and (two- and tribal agencies, appropriate foreign gov- with Mr. LANGEVIN not only on the thirds being in the affirmative) the ernments, and appropriate private sector en- Homeland Security Committee, but tities; also on the Armed Services Committee. rules were suspended and the bill, as amended, was passed. ‘‘(H) oversee the implementation of De- We have partnered on quite a few partment-wide standards for biometric con- A motion to reconsider was laid on things, and it is wonderful to make a formity, and work to make such standards difference with him. the table. Government-wide; Mr. Speaker, I reserve the balance of f ‘‘(I) in coordination with the Department’s my time. Office of Policy, and in consultation with b 2000 Mr. LANGEVIN. Mr. Speaker, I yield relevant component offices and headquarters offices, enter into data sharing agreements myself the balance of my time. OFFICE OF BIOMETRIC IDENTITY with appropriate Federal, State, local, and Mr. Speaker, there is no question MANAGEMENT AUTHORIZATION foreign agencies to support immigration, law that industrial control systems are a ACT OF 2018 enforcement, national security, and public high-value target for our adversaries. Ms. MCSALLY. Mr. Speaker, I move safety missions; Critical infrastructure owners and op- to suspend the rules and pass the bill ‘‘(J) maximize interoperability with other Federal, State, local, and foreign biometric erators use these systems to deliver (H.R. 5206) to amend the Homeland Se- the services that underpin our day-to- systems, as appropriate; curity Act of 2002 to establish the Of- ‘‘(K) ensure the activities of the Office of day lives, and destruction to one of fice of Biometric Identity Manage- those systems could have tremendous Biometric Identity Management are carried ment, and for other purposes, as out in compliance with the policies and pro- economic ramifications or could even amended. cedures established by the Privacy Officer be the difference between life and The Clerk read the title of the bill. appointed under section 222; and death. The text of the bill is as follows: ‘‘(L) carry out other duties and powers pre- We know that our adversaries—most scribed by law or delegated by the Secretary. notably Russia, China, Iran, and North H.R. 5206 ‘‘(c) DEPUTY DIRECTOR.—There shall be in Korea—have all targeted U.S. critical Be it enacted by the Senate and House of Rep- the Office of Biometric Identity Management infrastructure and the operational resentatives of the United States of America in a Deputy Director, who shall assist the Di- Congress assembled, rector in the management of the Office. technology employed across these sec- SECTION 1. SHORT TITLE. ‘‘(d) OTHER AUTHORITIES.— tors. Mr. Speaker, it is important that This Act may be cited as the ‘‘Office of Bi- ‘‘(1) IN GENERAL.—The Director may estab- we solidify DHS’ longstanding leader- ometric Identity Management Authorization lish such other offices within the Office of ship role in securing critical infra- Act of 2018’’ or the ‘‘OBIM Authorization Act Biometric Identity Management as the Di- structure, particularly with respect to of 2018’’. rector determines necessary to carry out the industrial control systems. missions, duties, functions, and authorities SEC. 2. ESTABLISHMENT OF THE OFFICE OF BIO- of the Office. It has been a pleasure working with METRIC IDENTITY MANAGEMENT. ‘‘(2) NOTIFICATION.—If the Director exer- (a) IN GENERAL.—Title VII of the Homeland my colleague Mr. BACON, the gen- cises the authority provided by paragraph Security Act of 2002 (6 U.S.C. 341 et. seq.) is tleman from Nebraska, on this bill. I (1), the Director shall notify the Committee amended by adding at the end the following deeply appreciate both his service to on Homeland Security of the House of Rep- new section: the country as well as his contribu- resentatives and the Committee on Home- tions both on the Armed Services Com- ‘‘SEC. 710. OFFICE OF BIOMETRIC IDENTITY MAN- land Security and Governmental Affairs of AGEMENT. the Senate not later than 30 days before ex- mittee and on the Homeland Security ‘‘(a) ESTABLISHMENT.—The Office of Bio- Committee. Likewise, it has been a ercising such authority.’’. metric Identity Management is established (b) CLERICAL AMENDMENT.—The table of pleasure working with him over these within the Management Directorate of the contents in section 1(b) of the Homeland Se- years. Department. curity Act of 2002 is amended by adding after Mr. Speaker, I encourage my col- ‘‘(b) DIRECTOR.— the item relating to section 709 the following leagues to support H.R. 5733, and I yield ‘‘(1) IN GENERAL.—The Office of Biometric new item: back the balance of my time. Identity Management shall be administered ‘‘Sec. 710. Office of Biometric Identity Man- Mr. BACON. Mr. Speaker, I yield my- by the Director of the Office of Biometric agement.’’. self the balance of my time. Identity Management (in this section referred to as the ‘Director’) who shall report The SPEAKER pro tempore. Pursu- Mr. Speaker, first, I again want to to the Secretary, or to another official of the ant to the rule, the gentlewoman from thank my colleague from Rhode Island Department, as the Secretary may direct. Arizona (Ms. MCSALLY) and the gen- for his partnership on this, and his ‘‘(2) QUALIFICATIONS AND DUTIES.—The Di- tleman from Rhode Island (Mr. LAN- comments were absolutely right. The rector shall— GEVIN) each will control 20 minutes.

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.070 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5633 The Chair recognizes the gentle- and provide OBIM with the resources Ms. MCSALLY. Mr. Speaker, I yield woman from Arizona. necessary to further protect the home- myself such time as I may consume. GENERAL LEAVE land in the face of an evolving threat. Mr. Speaker, I appreciate my col- Ms. MCSALLY. Mr. Speaker, I ask Mr. Speaker, I ask my colleagues on league from Rhode Island’s support on unanimous consent that all Members both sides of the aisle to join me in this bill and our longstanding relation- have 5 legislative days to revise and ex- supporting this legislation, and I re- ship that we had since we grew up in a tend their remarks and include any ex- serve the balance of my time. similar neighborhood before I fell in traneous material on the bill under Mr. LANGEVIN. Mr. Speaker, I yield love with Arizona and never wanted to consideration. myself such time as I may consume. see another winter again. But anyway, The SPEAKER pro tempore. Is there Mr. Speaker, I rise in support of H.R. I digress. objection to the request of the gentle- 5206, the OBIM Authorization Act of Mr. Speaker, I once again urge my woman from Arizona? 2018. colleagues to support this bill, and I There was no objection. First, I want to begin by com- yield back the balance of my time. Ms. MCSALLY. Mr. Speaker, I yield mending the gentlewoman from Ari- The SPEAKER pro tempore. The myself such time as I may consume. zona for sponsoring this piece of legis- question is on the motion offered by Terrorists, transnational criminal or- lation. It is very thoughtful and cer- the gentlewoman from Arizona (Ms. ganizations, and others seeking to do tainly very timely. MCSALLY) that the House suspend the this Nation harm are constantly com- Of course, I am not surprised that she rules and pass the bill, H.R. 5206, as ing up with new ways to cross our bor- would come up with such a great idea, amended. ders. knowing that she originally hails from The question was taken; and (two- We used to rely on biographic infor- Rhode Island and comes from great thirds being in the affirmative) the mation, such as names and birthdays, roots. So I am not surprised that she rules were suspended and the bill, as to identify and prevent these threats would come up with a great idea like amended, was passed. from entering our country. But the de- this. A motion to reconsider was laid on velopment of biometric identity- Mr. Speaker, for the past decade, the the table. matching technology allows us to more Department of Homeland Security has f quickly and effectively confirm people collected biometric data from foreign IMMIGRATION ADVISORY PRO- that they are who they say they are. nationals and U.S. citizens for a wide GRAM AUTHORIZATION ACT OF The use of biometric technology to range of purposes, including counter- 2018 positively identify individuals who terrorism, border security, seek entry into the United States is a credentialing, national security, and Ms. MCSALLY. Mr. Speaker, I move 21st century solution to multiple public safety. to suspend the rules and pass the bill homeland security problems. The tech- Over that time, the Office of Biomet- (H.R. 5207) to amend the Homeland Se- nology enhances the security of our ric Identity Management, or OBIM, has curity Act of 2002 to establish the im- citizens, facilitates legitimate travel become a repository for more than 240 migration advisory program, and for and trade, and bolsters the integrity of million biometrics, such as finger- other purposes, as amended. our immigration system. prints and photographs collected by The Clerk read the title of the bill. My bill authorizes the Office of Bio- DHS. OBIM is charged with analyzing The text of the bill is as follows: metric Identity Management, or OBIM, biometric data, sending updates to H.R. 5207 the primary biometric repository for critical terror watch lists, and sharing Be it enacted by the Senate and House of Rep- DHS and other Federal agencies that information with trusted partners in- resentatives of the United States of America in are vital to our national security. side and outside the Federal Govern- Congress assembled, OBIM operates a database of more than ment to support law enforcement, pub- SECTION 1. SHORT TITLE. 225 million unique identities that in- lic safety, national security, and home- This Act may be cited as the ‘‘Immigration clude fingerprint-based biometrics, as land security. Advisory Program Authorization Act of well as face and iris holdings that Given the sensitivity of this type of 2018’’ or the ‘‘IAP Authorization Act of 2018’’. biometric data and its increasing inte- SEC. 2. AUTHORIZATION OF THE IMMIGRATION allow it to provide biometric matching, ADVISORY PROGRAM. storing, and sharing services across the gration into security programs, I am (a) IN GENERAL.—Subtitle B of title IV of U.S. Government. pleased that H.R. 5206 requires this of- the Homeland Security Act of 2002 (6 U.S.C. It processes more than 300,000 daily fice to comply with privacy policies 211 et seq.) is amended by adding at the end biometric transactions, reviewing more and procedures established by the DHS the following new section: than 360 known or suspected terrorist privacy officer. ‘‘SEC. 419. IMMIGRATION ADVISORY PROGRAM. records for resolution on a daily basis. This is a good bipartisan bill. ‘‘(a) IN GENERAL.—There is authorized OBIM also supports DHS’s efforts to Mr. Speaker, H.R. 5206 authorizes the within U.S. Customs and Border Protection complete a biometric exit program. department’s existing Office of Biomet- an immigration advisory program (in this Putting this biometric exit system in ric Identity Management, which is section referred to as the ‘program’) for U.S. place is, as the 9/11 Commission noted, charged with collecting and using bio- Customs and Border Protection officers, pursuant to an agreement with a host country, ‘‘an essential investment in our na- metric data to enhance DHS’s counter- to assist air carriers and security employees tional security.’’ More than 15 years terrorism, border security, and na- at foreign airports with review of traveler in- later, large numbers of foreign nation- tional security operations. formation during the processing of flights als continue to overstay their visas or Increasingly, Federal agencies see bound for the United States. disappear into the United States, just the value of adopting biometrics as an ‘‘(b) ACTIVITIES.—In carrying out the pro- as four of the 9/11 hijackers did. additional security measure. As more gram, U.S. Customs and Border Protection Congress has passed multiple laws and more Federal programs make use officers may— since 2004 mandating the creation of of such personal data, it is absolutely ‘‘(1) be present during processing of flights bound for the United States; the biometric exit system, though we vital that privacy be baked in from the ‘‘(2) assist air carriers and security em- are still waiting for it to come to fru- start. Importantly, H.R. 5206 requires a ployees with document examination and ition. privacy-forward approach to all that traveler security assessments; OBIM is responsible for a key ele- OBIM does. ‘‘(3) provide relevant training to air car- ment of our national security, but has For these reasons, I support this riers, security employees, and host-country not been authorized by statute. This measure. This is a good, bipartisan bill, authorities; bill, the Office of Biometric Identity and, again, I commend the gentle- ‘‘(4) analyze electronic passenger informa- Management Authorization Act of 2018, woman from Rhode Island, who is now tion and passenger reservation data to iden- from Arizona, for sponsoring this bill tify potential threats; will finally codify this into law. ‘‘(5) engage air carriers and travelers to In the current high-risk threat envi- and getting it through committee. confirm potential terrorist watchlist ronment, it is vital that we place Mr. Speaker, I urge my colleagues to matches; greater emphasis on biometric identity support this bill as well, and I yield ‘‘(6) make recommendations to air carriers technology as a counterterrorism tool back the balance of my time. to deny potentially inadmissable passengers

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.073 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5634 CONGRESSIONAL RECORD — HOUSE June 25, 2018 boarding flights bound for the United States; GENERAL LEAVE officers may affect officer coverage at and Ms. MCSALLY. Mr. Speaker, I ask U.S. ports of entry. ‘‘(7) conduct other activities to secure unanimous consent that all Members While I certainly appreciate the sac- flights bound for the United States, as di- have 5 legislative days to revise and ex- rifice made by officers serving abroad, rected by the Commissioner of U.S. Customs and Border Protection. tend their remarks and include any ex- I would note that this authorization is ‘‘(c) NOTIFICATION TO CONGRESS.—Not later traneous material on the bill under coming at a time when CBP has ac- than 60 days before an agreement with the consideration. knowledged that it is currently 4,000 government of a host country pursuant to The SPEAKER pro tempore. Is there officers short of what it needs to carry the program described in this section enters objection to the request of the gentle- out current operations, both domesti- into force, the Commissioner of U.S. Cus- woman from Arizona? cally and abroad. toms and Border Protection shall provide the There was no objection. Mr. Speaker, there is continued bi- Committee on Homeland Security of the House of Representatives and the Committee Ms. MCSALLY. Mr. Speaker, I yield partisan support for CBP to push out on Homeland Security and Governmental Af- myself such time as I may consume. our borders to prevent individuals who fairs of the Senate with— Mr. Speaker, a major part of keeping pose a threat to the U.S. from making ‘‘(1) a copy of such agreement, which shall the homeland safe is making sure we their way here to our country. H.R. include— prevent bad actors from ever reaching 5207 authorizes an existing DHS pro- ‘‘(A) the identification of the host country our shores. In order to do this, we must gram that has proven helpful to our with which U.S. Customs and Border Protec- continue to push out our borders with foreign partners in carrying out our tion intends to enter into such agreement; ‘‘(B) the location at which activities de- programs that utilize a combination of shared interest of preventing ter- scribed in subsection (b) will be conducted vetting and interviews conducted by rorism, and it reduces the burden of de- pursuant to such agreement; and experienced law enforcement agents. porting individuals who would be de- ‘‘(C) the terms and conditions for U.S. Cus- The Customs and Border Protection nied entry into the U.S. upon landing toms and Border Protection personnel oper- Immigration Advisory Program, or here. ating at such location; IAP, accomplishes just that. The IAP Mr. Speaker, I commend the gentle- ‘‘(2) country-specific information on the program deploys specially trained CBP woman for sponsoring the bill. I sup- anticipated homeland security benefits asso- officers to major last-point-of-depar- port it, and I yield back the balance of ciated with such agreement; ‘‘(3) an assessment of the impacts such ture airports that offer direct flights to my time. agreement will have on U.S. Customs and the United States. It is the responsi- Ms. MCSALLY. Mr. Speaker, I yield Border Protection domestic port of entry bility of these officers to recommend myself such time as I may consume. staffing; that airlines do not allow foreign na- Mr. Speaker, I thank the gentleman ‘‘(4) information on the anticipated costs tionals who would be deemed inadmis- from Rhode Island for his support on over the five fiscal years after such agree- sible upon arrival or present a signifi- this bipartisan legislation. I urge my ment enters into force associated with car- cant security threat to board an air- colleagues to support this bill, and I rying out such agreement; yield back the balance of my time. ‘‘(5) details on information sharing mecha- plane bound for the United States. This program enhances our national The SPEAKER pro tempore. The nisms to ensure that U.S. Customs and Bor- question is on the motion offered by der Protection has current information to security by preventing high-risk indi- prevent terrorist and criminal travel; and viduals from boarding an airplane the gentlewoman from Arizona (Ms. ‘‘(6) other factors that the Commissioner bound for our homeland. In fiscal year MCSALLY) that the House suspend the determines necessary for Congress to com- 2017, there were a total of 4,328 no- rules and pass the bill, H.R. 5207, as prehensively assess the appropriateness of board recommendations made across 12 amended. carrying out the program. The question was taken; and (two- ‘‘(d) AMENDMENT OF EXISTING AGREE- different IAP airport locations. IAP is especially important in countries with thirds being in the affirmative) the MENTS.—Not later than 30 days before a sub- rules were suspended and the bill, as stantially amended program agreement with significant terrorist screening database the government of a host country in effect as hits. amended, was passed. A motion to reconsider was laid on of the date of the enactment of this section The IAP program is not currently au- the table. enters into force, the Commissioner of U.S. thorized by statute, but H.R. 5207, the Customs and Border Protection shall provide f to the Committee on Homeland Security of Immigration Advisory Program Au- the House of Representatives and the Com- thorization Act of 2018, will finally cod- CONGRATULATING THE mittee on Homeland Security and Govern- ify this important safety and security ALLEGHANY LADY TROJANS ON mental Affairs of the Senate— program into law. I ask my colleagues THEIR STATE SOFTBALL CHAM- ‘‘(1) a copy of such agreement, as amended; on both sides of the aisle to please join PIONSHIP and me in supporting this commonsense (Ms. FOXX asked and was given per- ‘‘(2) the justification for such amendment. legislation, and I reserve the balance of ‘‘(e) DEFINITIONS.—In this section, the mission to address the House for 1 terms ‘air carrier’ and ‘foreign air carrier’ my time. minute.) have the meanings given such terms in sec- Mr. LANGEVIN. Mr. Speaker, I yield Ms. FOXX. Mr. Speaker, I rise to con- tion 40102 of title 49, United States Code.’’. myself such time as I may consume. gratulate the Alleghany Lady Trojans (b) CONFORMING AMENDMENT.—Subsection Mr. Speaker, I rise in support of H.R. softball team on winning North Caro- (c) of section 411 of the Homeland Security 5207, the Immigration Advisory Pro- Act of 2002 (6 U.S.C. 211) is amended— lina’s A1 State championship. gram Authorization Act of 2018. These young women deserve the (1) in paragraph (18), by striking ‘‘and’’ H.R. 5207 authorizes an important after the semicolon at the end; championship for their hard work and (2) by redesignating paragraph (19) as para- function within U.S. Customs and Bor- talent, but they are also champions of graph (20); and der Protection, the Immigration Advi- humility, giving gratitude to God, (3) by inserting after paragraph (18) the fol- sory Program, or IAP. Under this pro- their parents, coaches, and the commu- lowing new paragraph: gram, CBP deploys officers to overseas nity fan base that supported them ‘‘(19) carry out section 419, relating to the airports to advise law enforcement throughout their season. immigration advisory program; and’’. partners about certain passengers be- Alleghany has a unique softball his- (c) CLERICAL AMENDMENT.—The table of fore they board U.S.-bound flights. contents in section 1(b) of the Homeland Se- tory, last winning State in 1996 as curity Act of 2002 is amended by inserting This important program seeks to es- three-peat champions. Six of this after the item relating to section 418 the fol- sentially push out our borders to pre- year’s team are related to past cham- lowing new item: vent travelers who may pose a threat pions, which shows the passion and ‘‘Sec. 419. Immigration advisory program.’’. to the U.S. from ever boarding an in- drive passed down from generation to The SPEAKER pro tempore. Pursu- bound flight. generation. ant to the rule, the gentlewoman from Importantly, beyond simply author- Even Coach Weaver is a former State Arizona (Ms. MCSALLY) and the gen- izing the program, the bill requires MVP, striving to instill in her team tleman from Rhode Island (Mr. LAN- CBP to notify Congress whenever a new the determination and confidence that GEVIN) each will control 20 minutes. agreement is put in place with a for- she developed as a high school athlete. The Chair recognizes the gentle- eign partner. It also requires CBP to Congratulations to the Lady Trojans woman from Arizona. assess how the overseas deployment of and the community that shares in this

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.039 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5635 victory. It is an honor and a blessing to give hope to those who need it the District chosen to represent the Com- represent such a great community. most. monwealth of Pennsylvania as dele- f Those who work and volunteer for gates at the Congress of Future Habitat for Humanity are superb peo- Science and Technology Leaders. b 2015 ple. They are compassionate and kind, The following students were selected OFFICER NORBERT—HOUSTON and, frankly, we need more Americans to attend the event, which will take POLICE DEPARTMENT just like them. place June 29 to July 1 in Lowell, Mas- Every single person deserves a decent sachusetts: Jacob Hulse of Tidioute (Mr. POE of Texas asked and was and affordable place to live, and this and Brett Kelly of Lewis Run. These given permission to address the House organization is there to help those who outstanding students were required to for 1 minute and to revise and extend are less fortunate. I encourage each achieve a 3.5 GPA to be nominated for his remarks.) and every person listening to get out this prestigious honors-only program Mr. POE of Texas. Mr. Speaker, the there and do something for your local by their teachers or the National Acad- rain came down, the bayous and creeks community. Together, we can really emy of Future Science and Technology rose, and the wind blew. It was as if it make this world a better place. Leaders. would never stop raining. It was Hurri- With that being said, God bless The event aims to encourage and cane Harvey last September. After it Texas, God bless Habitat for Humanity, guide the top students in our country was over, 55 inches of water had ham- and God bless the United States of who wish to devote their lives to the mered the Houston area. America. sciences and technology. Chosen dele- But in the rainy haze, Officer Norbert ‘‘In God We Trust.’’ gates represent all 50 States and Puer- Ramon appeared. But Officer Ramon, a f to Rico. 55-year-old officer of the Houston Po- Mr. Speaker, I congratulate Jacob lice Department, was sick. He had SUPPORT ACTIVE-DUTY PURPLE and Brett on this tremendous accom- stage IV colon cancer. He was under- HEART RECIPIENTS plishment, and I wish them the best of going treatment, and doctors said that (Ms. HERRERA BEUTLER asked and luck as they continue their career he had only a few years to live. was given permission to address the paths to be future leaders in the However, the 24-year veteran of the House for 1 minute.) science and technology field. Houston Police Department jumped Ms. HERRERA BEUTLER. Mr. f into the flooded aftermath of the hurri- Speaker, I rise today in support of the cane despite his cancer. Officer Ramon Blue Water Navy Vietnam Veterans WHAT HAPPENED TO FAMILY sloshed through bacteria-filled waters, Act that just unanimously passed the VALUES putting his own life at risk. House. I was proud to support it. The SPEAKER pro tempore. Under Over the course of 4 days, he rescued This bill recognizes the sacrificial the Speaker’s announced policy of Jan- 1,500 Houstonians stranded in the flood. service of the 7,000-plus servicemen and uary 3, 2017, the gentleman from Penn- He said: ‘‘My main concern was to help -women who received a Purple Heart sylvania (Mr. EVANS) is recognized for the citizens. Nothing else was on my after being wounded in battle and con- half of the remaining time until 10 p.m. mind. I didn’t worry about me or any- tinue to serve on Active Duty. My bill, as the designee of the minority leader. thing.’’ included in this passage, takes the GENERAL LEAVE As the waters receded and the Texas rightful step to waive the funding fee Mr. EVANS. Mr. Speaker, I ask unan- Sun came out through the blue sky, on all VA home loans for Active-Duty imous consent that all Members may Mr. Speaker, Officer Ramon headed Purple Heart recipients. With this bill, have 5 legislative days to revise and ex- back to the hospital, returning to his we will save servicemembers thousands tend their remarks and include extra- treatments. Despite a hard-fought bat- of dollars and help their families neous material on the subject of this tle, Officer Ramon lost his fight achieve the dream of homeownership. Special Order. against a cancerous invader. U.S. Marine Corps Major Byron The SPEAKER pro tempore. Is there Taps sounded today, Mr. Speaker, as Owen, who was wounded twice in Iraq objection to the request of the gen- hundreds of peace officers and citizens and once in Afghanistan, explained it tleman from Pennsylvania? of Houston honored the life of one of best when he shared his experiences There was no objection. Houston’s finest. with my office. He said: ‘‘I was Mr. EVANS. Mr. Speaker, I thank my Officer Norbert Ramon stood Hous- medevaced out of Iraq in 2006 and had colleagues for allowing me to lead this ton strong. Mr. Speaker, they don’t to undergo months of therapy to return critical Special Order to speak about make ‘em like him anymore. to service. Why should I have to pay 20 the lack of family values demonstrated And that is just the way it is. grand to get a VA loan when someone by the Trump administration and the f with a noncombat-related disability GOP, their choice to mismanage, and gets to waive it? Some of my friends to offer a counternarrative to the way- AUSTIN HABITAT FOR HUMANITY are amputees still serving in uniform. ward path they are leading us down. (Mr. WILLIAMS asked and was given They’re paying the funding fee. Does Black people have no permanent permission to address the House for 1 that seem right?’’ friends or permanent enemies or per- minute.) Major Owen, I hear you—and, no, it is manent interests, as so eloquently Mr. WILLIAMS. Mr. Speaker, today I not right. That is why I am proud to stated by former Congressman William want to recognize the selfless work have introduced this bill and voted Lacy Clay, Sr. that the Austin Habitat for Humanity with my colleagues to support Active- Mr. Speaker, the President asked is doing in the 25th District of Texas Duty Purple Heart recipients with the Black Americans: What do you have to that I proudly represent. passage of H.R. 299. lose? Over the past 30 years, they have f The Congressional Black Caucus re- built more than 425 homes, repaired an- sponded with a document that was other 280, and provided financial advice CONGRATULATING PENNSYLVANIA hand-delivered to him that is titled, to over 10,000 Texans. Just last month, CONGRESS OF THE FUTURE ‘‘We Have a Lot to Lose.’’ I had the opportunity to visit this or- SCIENCE AND TECHNOLOGY Over the course of the 2016 Presi- ganization and meet with the great ATTENDEES dential election, time and time again, folks who operate it. The work they do (Mr. THOMPSON of Pennsylvania then-candidate Donald Trump asked here is so important, and I was inspired asked and was given permission to ad- the Black community a larger ques- by their spirits and selfless attitudes. dress the House for 1 minute and to re- tion: ‘‘What do you have to lose?’’ Hearing about the remarkable work vise and extend his remarks.) The inquiry presupposes that the ex- they do day in and day out was ex- Mr. THOMPSON of Pennsylvania. perience of all African Americans is traordinary. They put God’s love into Mr. Speaker, I rise today to recognize destitute and that we live in fear. In action by bringing people together to two high school honors students from fact, President Trump declared some build homes and communities and to Pennsylvania’s Fifth Congressional African Americans’ communities are

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.076 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5636 CONGRESSIONAL RECORD — HOUSE June 25, 2018 worse than war zones, demonstrating a fected. In Montgomery County, in the who receive SNAP are consumers and lack of understanding of both constitu- county I represent, 50,000 people are af- are important parts of the economy encies. fected. who our farmers and ranchers depend The election has come and gone, and So, Mr. Speaker, it is clear that that on as a part of our farm and food econ- the time for the campaign calls is over. bill that passed this House by only two omy. Now President Trump represents all votes was misguided and was heading Mr. Speaker, I have consistently said Americans and must govern this Na- in the wrong direction. that food is medicine. Food is medicine tion for the good of all Americans, It is also clear, Mr. Speaker, that and food policy is foreign policy. It is whether they are Black or White, rich people who are on SNAP do not fight to not something we should take lightly. or poor, conservative or liberal. be on SNAP. They understand clearly So today, the Congressional Black So as the conscience of the Congress, about the challenges that they face. Caucus is going to talk about the im- the voice of the 78 million Americans Forty-two million Americans are on portance of values, and particularly and 17 million African Americans, the SNAP. No, Mr. Speaker, those people family values, and how all of a sudden Congressional Black Caucus is obli- are not fearful of work. They under- there is amnesia when it comes down gated to answer President Trump’s stand if there is a great opportunity to the question of values. questions. available for them, they would take ad- We are saying to you today, Mr. The answer: The African Americans vantage of the opportunity. Speaker, we want to make sure that have a great deal to lose under the I think it is clear to me, Mr. Speaker, people understand that the 42 million Trump administration, and we have al- that, again, this administration and people who are on SNAP across this ready lost a lot. the GOP were lacking some sense of Nation are of all colors, of all races. It Mr. Speaker, I want to thank our connection to what people’s values are. can happen to any of us. It is not some- chairman, Chairman RICHMOND, for al- As a result, you saw that vote that thing that we should sit back and all of lowing me this opportunity to conduct took place last week. It again sends us a sudden think that this couldn’t hap- this Special Order. in the wrong direction. It raises serious pen to anyone. This could happen to Over the next hour, we will speak questions about the lack of family val- our brothers and our sisters. And we about some of the issues that have ues from a party that is always talking are our brother’s and sister’s keeper. It faced the Congressional Black Caucus about family values; but now, all of a is not something that we should just and Black people in this Nation. I say sudden, Mr. Speaker, it seems like fam- willy-nilly suddenly say to ourselves that to you because of this document I ily values have gone out the window. that we shouldn’t worry about. Yet, have in my hand, ‘‘We Have a Lot to Under this version of the farm bill, peo- the GOP not only failed them, they Lose.’’ In this document that was pre- ple will go hungry in my city and sented to the President of the United failed America last week. around the Nation. In addition, healthcare is one of the States, it outlines those various issues. As the Center on Budget and Policy What are we losing? most important issues for our country, Priorities notes, the House bill breaks as seen by the mass rejection of the ef- Based on last week’s passage of the with the long history of bipartisan ef- farm bill here in the House, we have forts by the GOP to repeal the Afford- forts to improve and reform SNAP. It able Care Act last year. lost benefits under the SNAP program. is clear, Mr. Speaker, there were 23 Thank God for the Senate, Mr. Speak- Think about this, Mr. Speaker. hearings on the issue of SNAP, and not Healthcare. Everybody has the right to er, because the Senate has passed a dif- one single time in the 23 hearings did ferent version. I hope, Mr. Speaker, a healthy life, regardless of age, race, they suggest that there should be a dif- gender, or preexisting condition. Med- that that version will be the version ferent direction in terms of SNAP. that becomes the law of this land. ical issues are personal matters. Mr. Speaker, Democrats are for Whether it affects physical or mental The Senate passed a version 20–1 out work. We are very clear. Members of of committee, and they will bring that health, it should not result in financial the Congressional Black Caucus under- ruin. We all should know and recognize up for a vote because, Mr. Speaker, I stand the importance of work. We believe that represents better the views that it is clear that any of us can have know what it means to work. But to a health episode. No one is above it. It and values of Members of this body. I me, Mr. Speaker, that was a wrong- do not believe the version that we is something that we should not take headed policy in terms of the farm bill. lightly. passed in the farm bill represents this It did not justify that action, and it body. Mr. Speaker, we as the Congressional should not have even gone anywhere. Black Caucus know and understand. I am disappointed that the GOP lead- But as usual, Mr. Speaker, some peo- And that is why we have fought so hard ership had the unmitigated gall to ple don’t realize the election is over. for healthcare. We have stressed over bring this highly partisan and warped We need to work together—Democrat, and over again that this, too, can hap- bill to the House floor for a second Republican, conservative, liberal, who- pen to you. vote, posing as a farm bill. Nothing ever it may be—because hunger is a changed in the bill since the last time We understand that, with preexisting problem, Mr. Speaker. It is not a prob- conditions and the challenges that we it came to the floor, so you have to lem just in certain communities; it is a wonder what was offered or said to have in our community of high blood problem across this Nation. pressure, diabetes, and other types of those Members who voted ‘‘no’’ just a In spite of the employment numbers diseases, this is something we should month ago to change their votes. and in spite of what is told to us about address. We should make sure that peo- The partisan approach of the major- the economy, there are a lot of people ple know and can take advantage of a ity has produced a bill that will hurt who are hungry. There are a lot of peo- healthcare system that is open and thousands of people in the city of ple who are left out of the process. This available. We should not be bank- Philadelphia and the Commonwealth of is not something that we should take rupting people, Mr. Speaker, on the Pennsylvania. lightly. Mr. Speaker, as a member of the Ag- issue of healthcare. riculture Committee, I submitted let- b 2030 Mr. Speaker, when the President and ters from the mayor of the city of This is something that we would rec- the GOP talk about family values, they Philadelphia. In that letter, the mayor ognize and something we should work seem to forget that when it comes of the city of Philadelphia laid out spe- together on. down to the question of healthcare, cifically the impact that that par- So, Mr. Speaker, I say to you today that is something that we all should be ticular bill that came out of the House that it is clear to me that the Repub- ensuring everybody has. That is not a Agriculture Committee would have on licans and the Trump administration Democrat or Republican issue. That is the people of the city of Philadelphia. have gone in the wrong direction. When an American issue. That is something You are talking about affecting over you talk about the issue of families right up there that we all should recog- 200,000 to 300,000 people in the city of and what needs to take place, this is nize that healthcare should be avail- Philadelphia. not about family values. able to everyone. When we look at it In the Commonwealth of Pennsyl- I stress to you, Mr. Speaker, at the and think about it, this is something vania, 1.8 million people can be af- end of the day, millions of Americans we have to work for.

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.078 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5637 There is no simple answer to dealing When I thought about giving these there is something wrong with that, with the question of healthcare, but we words, I basically said, again, we are Mr. Speaker. There is something wrong do believe the Affordable Care Act is a going to speak about the lack of family when we are now at a point where we great foundation. We believe that the values demonstrated by the Trump ad- are separating families. Affordable Care Act basically laid a ministration. The Trump administra- Mr. Speaker, there have been a num- tone and a foundation for this entire tion and the GOP talk about family ber of Members who have gone to the country. values a lot. How can you talk about various borders and seen for them- As we all know, we have healthcare family values when you want to elimi- selves firsthand what is taking place. here in this House, in the United nate the SNAP program? How can you This is not the kind of America we States Senate, and the President of the talk about family values when you want. United States has healthcare. And that want to reduce people’s healthcare? For a party that professes to under- is provided for by the taxpayers of this You can’t talk about family values stand the importance of advancing country. when, in the very same breath, you are policies that promote family values, we So it is not something we should talking about destroying people’s now have a preponderance of evidence take lightly. It is something that we healthcare and access to food. There is to the contrary. should all understand that health something fundamentally wrong with I just ticked them off: SNAP, issues can affect us all. When you real- that. healthcare, and now separating family think about it, in terms of getting a So, Mr. Speaker, I stress to you lies. If you take those three areas, job, how can you do that if you are not today that this is not a partisan issue. there is something wrong with the con- healthy? How can you take care of Feeding people and healthcare is not text of talking about family values. your family if you are not healthy? Democrat or Republican. It is not con- It is clearly that whether it is an ex- How can you do anything if you are not servative or liberal. It is something cessive punitive immigration policy, healthy? that we all need to be concerned with. changes to the free lunch program eli- This is something we believe is a If we are talking about moving Amer- gibility, proposals to cut Supplemental family value and this is something that ica forward, then we will move it for- Security Income, or the refusal to we all have said over and again. I be- ward when we bring others along. I adopt comprehensive criminal justice lieve healthcare is a fundamental right stress this is something that we all reform, the Republican policy agenda and not a privilege. No one should ever should be concerned with. deliberately targets families, espe- be afraid that taking care of their Turning to more hypocrisy from the cially those in underserved commu- physical or mental health will cause fi- party of family values, the Trump ad- nities of color. nancial hardship or be inaccessible to ministration’s unilateral decision to Mr. Speaker, we are, in my view, in a them for any reason. separate migrant children from their very challenging time. We are prob- I want to repeat that again, Mr. parents at the Southern border is just ably, in my lifetime, in the most chal- Speaker. I believe that healthcare is a the latest example of the majority lenging time I have ever seen. This re- fundamental right and not a privilege. party refusing to practice what it quires a different kind of leadership. It No one should ever be afraid that tak- preaches. requires a leadership that puts Amer- ing care of their physical or mental Just think abut it. Migrant children. ica first. And in order to put America health will cause financial hardship or Migrant children. Migrant children. first, that means we must work to- be inaccessible to them for any reason Migrant children. I said that four gether. We must work together on a at all. We need to think about that. We times. I said that four times because I farm bill that is bipartisan and that need to carefully think about exactly think it hasn’t gotten through. doesn’t reduce SNAP. We must work to what that means. When we talk about it in this day and When you talk about separating chil- ensure healthcare is available. And we age of family values, what is more im- dren from their families, there is some- must be clear, Mr. Speaker, that we portant to a family than the health of thing wrong with that, Mr. Speaker. have an opportunity to make these the breadwinner, male or female? What When you talk about using that for a things happen. is important to someone who is looking political purpose and you talk about So I stress to you with the things for an opportunity and they are pre- using them as an example of children that I have just stressed, that clearly pared to go on that job? and families, there is something wrong we have got a chance to do something It is very important, Mr. Speaker, with that, Mr. Speaker. That is not the about these things. These problems that under the Affordable Care Act it kind of America we want. We do not persist even in the wake of the admin- allowed people to stay on their parent’s want an America where we are going to istration’s immigration policy reversal healthcare until age 26. Also, the part separate children and families. Chil- and the so-called executive order. about preexisting conditions. Don’t dren and families should be united. We Several members of the CBC have ex- take that lightly, Mr. Speaker. That is should bring them together. pressed concerns about the Repub- something that we all could be affected Mr. Speaker, when we hear the state- licans’ inability to devise a coherent by. ment that Democrats want to basically reunification plan for the children and It seems to me that over and over just let anybody in the country, we parents separated by the President’s again in this House we seem to neglect know that is just for political rhetoric. misguided policy. to think about the conditions that we Remember, I said earlier, going back to An American crisis is happening all face. Mr. Speaker, in healthcare, we when we passed this book out that says right now in front of us. Children, from have those moments where it can be we have a lot to lose, we said, Mr. the toddlers at the border to Dreamers with anyone and any condition they Speaker, in the very beginning of this losing DACA to American-born chil- could be under. It is something that we book, that the election is over. dren of immigrant parents, have be- should really understand and recog- I understand in 132 days there will be come the victims of Trump’s America. nize. It is something that we shouldn’t an election. Well, let the election Let me repeat that. An American cri- take lightly. speak for itself, Mr. Speaker. Let the sis is happening right now in front of Healthcare is, to me, the most essen- results speak for themselves. us. Children, from the toddlers at the tial issue we face today. It is some- But there is no way you can talk border to Dreamers losing DACA to thing that we all should be fighting for, about separating families. There is no American-born children of immigrant no matter what party we come from, way you can talk about separating parents, children have become victims no matter what part of the country we children. There is no way that 2,300 to in Trump’s America. This is not what come from. We should all understand 2,500 children who are spread wherever should be happening in America. what it means. they maybe, that is not the kind of Mr. Speaker, yes, we have our chal- I will continue to be a voice for the America we want. That is not family lenges, but the fact of the matter is voiceless to ensure adequate values. that we need to work together. So as a healthcare for all. That is something I So if you talk about reducing SNAP member of the Congressional Black believe is extremely essential, Mr. and you talk about reducing healthcare Caucus, I stand here, Mr. Speaker, say- Speaker. and you talk about separating families, ing to you that the Congressional

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.080 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5638 CONGRESSIONAL RECORD — HOUSE June 25, 2018 Black Caucus is ready to work together Tonight is certainly an example of ily—not in the way that the United to make a difference. that, as we have come to the floor to, States Attorney General used and The practice of punishing parents really, speak about children. I hope abused the New Testament, by citing who are trying to save their children’s that my friends and my colleagues will Roman 13, to submit to rulers, to jus- lives and punishing children for being fully appreciate the fact that, as we tify the child separation policy, before brought to safety by their parents by speak about children, we are speaking he was completely undermined and em- separating them is fundamentally cruel about everyone’s children. barrassed by a fake executive order and un-America. That should not be ac- We are speaking about a young boy that was signed by the President of the cepted, Mr. Speaker. who was killed running away from law United States. For this next hour, we, as members enforcement—not running toward, not I say that because that term has be- of the Congressional Black Caucus, are creating a threat. come part of our language. I have never standing up to shine light on this situ- We are thinking about children who used it before, but it was an appro- ation. need a better education or children priate description of an executive order We are determined to make sure, Mr. who need to have a supplemental nutri- that will last for only 20 days and will Speaker, that people understand that tion program or children who need to not have any answer for us going for- this should no longer be acceptable; we be safe from human trafficking. We are ward. should not continue to pit this section talking about children. We don’t have any legislation. Our against that section; and that we all Mr. Speaker, a week ago Monday and legislation to solve this problem intro- understand, when it is all said and Sunday, I was in McAllen and Browns- duced by Mr. NADLER and the Judiciary done, that we are in this together. Al- ville. I was in the detention centers Committee Democrats and all of us, though, as Dr. King said, we may have with the tinsel, silver-like blankets. I welcoming anyone else who would like come over on different boats, we are in was in the cage-like atmosphere where to sign, would get to the immediate the same boat now. That is called human beings were kept, human concern of not having a separation of America—an America that is inclusive. beings, of course, who had fled their these children and, also, ending the The Department of Homeland Secu- country and had come across the bor- zero-tolerance program, which has cre- rity denied that they were breaking der. ated this unjust situation. the sacred bond between parents and Some might make the point that Let me indicate to you that all of the children until The New York Times re- they came across illegally, but they medical professionals, including Alicia ported that more than 700 children came across and presented themselves Lieberman with the Early Trauma have been separated from their moms to officials. Heretofore, that action was Treatment Network at the University and their dads since October. not a criminal action. of California said: Decades of studies Family unity is recognized as a fun- I saw those individuals. I saw the show early separations can cause per- damental human right enshrined in most potent memory of what is wrong manent emotional damage. ‘‘Children international law. The Trump adminis- about what we are doing: mothers who are biologically programmed to grow tration’s proposed action to separate were crying their hearts out for having best in the care of a parent figure.’’ immigrant families flies in the face of not been able to see their children, Members who have visited have said this law. It must stop. It must stop, with stories that would break your they walked into rooms with 300 chil- Mr. Speaker. The practice of sepa- heart, stories where you were told to dren, and they were absolutely silent. rating children from parents as a deter- go into court, your children could not They were frightened. Toddlers. rent to seeking asylum is inhumane go with you, and you came back and Who among us who have had toddlers and cruel. Seeking asylum is not ille- your children were gone. in their home, from our own children gal. In fact, it is written into U.S. im- What father, what mother could even to those of us fortunate enough to have migration law to ensure that those live with themselves, knowing their grandbabies, like mine—like Roy III with a credible fear of persecution that child had been snatched with no infor- and Ellison—have ever seem them sit they can present their case. mation and in a—how should I say it?— still? deceiving manner, not a manner where These children were in total fear and b 2045 you could sit and explain to Jose or apprehension. This is what we are cre- The American Academy of Pediatrics Maria or little Roger, whom I held in ating. This is not the America we love. opposed DHS’s proposal that would sep- my hands, 9 months old, fleeing with It is noted that the activity in the arate mothers from their children ar- his sister because his mother is de- children’s brains was much lower than riving at the border, saying that, in a ceased. expected. If you think of a brain as a time of anxiety and stress, children What do you think that sister feels? light bulb, it is as though there was a need to be with their parents, family Her mother is deceased, and the 9- dimmer that has reduced them from a members, and caregivers. month-old that she was bringing, her 100-watt bulb to a 30-watt bulb. I stand here tonight, on the 6-month mother’s baby, is taken away from her. This is what happens. Children who anniversary of the tax bill. But before And Roger cannot speak. One-year-old have been separated from their par- I speak on that, I have a colleague of Leah cannot speak. None of them can ents, in their first 2 years like little mine from the great State of Texas. speak, and they have been taken away. Roger, who is 9 months old, their IQ She has been in the forefront. I have How dastardly, how insensitive our may go down. watched her in the short period of time government appears to be. A Nation So we are on the floor today, and I I have been here. When she speaks, founded upon the values of humanity, am glad to be with Chairman RICHMOND there are many who listen to her. freedom of religion and speech and due of the Congressional Black Caucus. We She is relentless. I have watched her process. We all know the law provides believe in speaking out on the issues be relentless, driven, purposeful, and anyone within our boundaries the right that impact all of humanity. And this focused. She is the great lady from the to due process. is the sin that we are in the midst of. State of Texas. Mr. Speaker, I yield to But, no. We are, in fact, doing what Do you realize that the only numbers the gentlewoman from Texas, Con- Bishop Daniel E. Flores of the diocese that these children and parents are gresswoman SHEILA JACKSON LEE. of Brownsville said: We are acting, by getting are the aid numbers? Someone Ms. JACKSON LEE. Mr. Speaker, I separating immigrant parents and chil- says there is a number at Health and thank the distinguished gentleman dren as a deterrent, on a cruel and rep- Human Services. None of us have seen from Pennsylvania. There is no one to rehensible policy. it. whom he can take a back seat in terms Reverend Bishop Michael Curry said: I am demanding a full inventory of of his freshman term for his engage- For Christians, Jesus of Nazareth is a every single child that we allege that ment and involvement. He has made standard of conduct for your life. He we have who was separated and the most eloquent statements on the tells us to love God and to love thy snatched from their family members, floor, which show his commitment to neighbor. who are in foster care or some deten- the people of this Nation and the peo- I would say almost every religion tion center, as well as the 10,000 unac- ple of his district. speaks about love, speaks about fam- companied children.

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.082 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5639 Mr. Speaker, do you realize that I child. These children are in foster care issue because the other children have have been here long enough that I was around the Nation. They are every- told him that children who report down on the border 4 years ago when where. We don’t know which way they things get sent to another place.’’ the massive numbers of unaccompanied are, to be honest with you. I have legislation that I am intro- children came to the United States? They get in foster care and some— ducing, and I hope my colleagues, Re- Then, we put these boys and girls, as maybe I’ll say—well-intentioned foster publicans and Democrats, will extend unaccompanied children, in this vast care notifies someone and said: ‘‘We the temporary protected status for Sal- industry of foster care and centers. have a child for you to adopt.’’ And vadorans, Hondurans, and, as well, They are still there. your rights are quashed. Guatemalans. We want to give them Can anyone who believes in a higher I am feeling pain right now. I can’t TPS on the basis of the volcano. power want to accept that? Even as even imagine it: I have fallen upon b 2100 clean as these places may be, Mr. hard times. My State children’s protec- Why? Because this administration Speaker, do you know that these care- tive services takes my child. I make a has ended it. It will end in 2019. These takers working in these nonprofits, commitment to get my life back to- people are fleeing violence, and you that they cannot touch the children? gether, and my child is lost to me for- will be sending those here who are ever. They cannot hold the children. They working, contributing, and paying This is an amazing scenario that we cannot comfort a crying toddler. They taxes—before we can try to regularize are in. I want to read this last thing are told not to touch these children. or find a way for them to access sta- Do you realize that we are in one of and then speak very quickly about our tus—you will be sending them back to family values. the worst, or largest, refugee crises in murderous countries in the largest cri- This is from an immigrant mother: the world. That is why we are receiving sis of refugee movement in the history My child was snatched from me and these people. It is going up 67 percent of our time. You will be sending them separated from me one day after I was all over the world because people are back. Where is our mercy? fleeing devastation and crises in their arrested. Then you want to add to that the countries. That is what is happening in Again, I want to end the arrests, the fact that we have an administration Honduras, with the largest number of zero tolerance. They are presenting and a Congress that is making changes murders in the world. El Salvador. themselves for asylum. They should to school free lunches. These are for Guatemala has a million people dis- have the right to go through the legal our children already here. placed. process. Then they should have the Making eligibility proposed cuts to Yet, our government would suggest right to counsel, due process. And they Supplemental Security Income, SSI, that they cannot seek asylum for do- should have the right to be able to be many children, that is their lifeline. If mestic violence or gangs or fleeing a released. something happens to their parent, place that has volcano ash that has dis- Now, there will be a great deal of ire they have SSI. placed a million people in a small and humor for some on this point. That The refusal to adopt comprehensive country? Where is our mercy? is because they don’t understand. We criminal justice reform, I am a stead- That is why we are on the floor had a case management program that fast supporter of good law enforcement. today. We are on the floor today be- was 90-plus percent positive on the re- They are part of the legal and law and cause of, as I indicated, the horrible, turn of those individuals, those fami- order structure, but they are also part horrific impact on children. lies, for their court date. This adminis- of the human rights and civil rights ‘‘Reuniting and Detaining Migrant tration defunded it. structure of this Nation. It is impor- Families Pose New Mental Health It was a case management program. tant that we have the collegiality, the Risks,’’ says The New York Times. They followed those families, put them comity, the communications, and the I want to just add these points to on the electronic bracelet, and they re- friendship, actually, between police your discussion that we have faced. turned. They did not escape. They did and community. Some of these children, Mr. Speaker, not remain in the United States with- It is difficult when there are mothers are in foster care. We know that there out coming to court and getting a de- who are African Americans who believe are American children in foster care. termination. that their Black boys are more apt to We know that there are families who So this mother was separated. This is be shot by law enforcement, as a young are trying to get back on their feet. a court case, thank goodness, that was man was just shot a few days ago in They want their children. There is a filed on June 22: ‘‘I have been able to Pennsylvania. This is not a condemna- love for those children. But they have speak to my child only three times and tion of law enforcement. It is to work had to be moved out. only for approximately 5 minutes each to make the system better and to save The worst thing—I have had these time since we were separated. My son lives. calls to my office—is a mother’s paren- isn’t able to give me much information So we are interested in criminal jus- tal rights to be extinguished unfairly about his circumstances because he is tice reform. But, of course, that is not when she was trying to get herself to- too young and too upset to understand moving in the direction we would like. gether, maybe economically, maybe what is happening.’’ I would like it to be moving in a non- trying to get off drugs. We feel the pain She doesn’t know where he is. He partisan manner to save lives. of that mother, that American mother. doesn’t know where she is. The GOP chose to cut $150 billion How would you like to be a Guate- ‘‘Every time we talk, he only wants over a decade from various safety net malan mother—this happened in 2012— to know when he will see me again, so programs: Medicare; cash assistance who was arrested on immigration it is hard for him to focus on anything programs, like Temporary Assistance charges and lost custody of her son, else.’’ for Needy Families; again, as I said, who was then adopted by a Missouri Just like I said, we are diminishing SSI; and healthcare. couple over her objection. The judge his capacity. We are creating a situa- Republicans are suing the govern- who initially terminated the mother’s tion of undermining his intellectual ment to eliminate the preexisting con- parental rights found that, should she growth, his psychological growth, all of dition requirement for insurance car- be deported, the chance that she might this. riers. I am almost speechless. I cannot try to return to get her child would ‘‘There have been a few times he said believe that. I was here for the Afford- render her an unfit parent. that he had a nosebleed. I told him to able Care Act. We laid ourselves on the I feel like I am in a nightmare. Your tell someone if he is feeling sick, but line to fight for all of those who came child is snatched away from you at the he is too scared to tell anyone.’’ to us in hearings, pleading: I have asth- border. They go into foster care. Some That is why you went into a room of ma. I have acne. I am pregnant. I have good-intending people—I don’t want to toddlers and nobody was moving. No- diabetes. I have sickle cell. And I have condemn the adoptive parents, good-in- body was moving. No toddler was even not been able to get insurance. tending people. moving. Here we are taking away that lifeline I don’t know who gave them the au- ‘‘He says that he is scared to report that was a valuable asset to the thority that this was an available any type of mistreatment or health healthcare of the American people.

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.084 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5640 CONGRESSIONAL RECORD — HOUSE June 25, 2018 The farm bill, cutting $23 billion that Guatemala? What do you do when we This crisis is not just an immigration matter, resulted in 400,000 households losing say that we are supposed to have val- nor is it just a foreign policy matter. It is a hu- SNAP—our children, here in the United ues, and not only are we treating par- manitarian crisis, executed by an administra- States—the supplemental nutrition ents who are deeply pained—poorly, tion that purports to be the champion of ‘‘fam- program, thousands of children losing reprehensibly, and inhumane—by ily values’’ but whose actions do not actually reduced meals. snatching their children, or not seek- value families. Do you know, right now, Mr. Speak- ing to reunite those children who came But the President’s attempt at attacking chil- er, out of the U.S. Department of Agri- unaccompanied? When I say that, obvi- dren and their caretakers is not one that only culture, my Houston parks department ously, not reunite them into a bad situ- pertains to asylum seekers at the borders. is serving three meals a day to children ation, but document—they are just For the entirety of his term, the President who would not eat but for this program being held in these institutions, 10,000 and his administration have relentlessly tar- of the U.S. Department of Agri- of them. They are just being held. geted communities of color and the programs culture—three meals a day to hungry Mr. Speaker, I thank the gentleman they have previously benefitted from. children. There is hunger in America, for being particularly gracious and This includes changes to school free lunch but we are making it worse. yielding. program eligibility, proposed cuts to Supple- What about the $1.9 trillion tax cut? I want to have paid tribute in my mental Security Income, the refusal to adopt Do you realize that I go around in my words to little Roger in Brownsville, comprehensive criminal justice reforms, one community and beyond and people ask Texas, and little Leah in Brownsville, thing after another. me: ‘‘What happened with the tax Texas, a 9-month-old and a 1-year-old. Just last week, the GOP chose to cut $150 cut?’’ They don’t have any impact from Even if they go to foster care, that is billion over a decade from various safety net the tax cut. There is no increase in not their relative or their parent. programs which include Medicare and cash wages. Bonuses are not anything that Which of their parents will have their assistance programs like Temporary Assist- anybody remembers because only a few parental rights extinguished against ance for Needy Families and Supplemental people got them. This is the pay-more- their will and, unfortunately, have one Security Income. for-less tax cut, massive tax cuts and a of our courts say it is a right decision? And the House farm bill that Republicans lot of money going to individuals who Which of these people will be denied passed, and which Democrats were unani- already have money. This is Robin due process, because we have words mously in opposition to, will result in some Hood in reverse. from this administration that say: I 400,000 households losing SNAP benefits. This bill is unprecedented and want no lawyers or courts. I want Bor- As well, thousands of children would also breathtaking in its audacity. It is mak- der Patrol and ICE? risk losing their enrollment in free and re- ing rich people richer. It is a scheme. Those are not judges and juries. That duced-price school meal programs because of And by taking insurance away from 24 is not a component of due process. Law this. million people, raising costs for the enforcement has its role, and then the The President and GOP have promised for poor and middle class, these are ques- judiciary has its role, and the rights of years now to create a plan to improve health tions of whether family values exist in these individuals warrant that. insurance for everybody. But that promise has not been kept. this Nation. Mr. Speaker, I close with Ephesians By passing a nearly $1.9 trillion tax law and As Judge Learned Hand observed: ‘‘If 4:30–32: ‘‘Be kind to one another, ten- repealing the Affordable Care Act’s individual we are to keep our democracy, there derhearted, forgiving each other, just mandate, Republicans will increase health must be one commandment: Thou shalt as God in Christ also has forgiven care premiums on children and families. not ration justice.’’ you.’’ According to the CBO, 4 million more peo- So I would ask that my colleagues And Galatians 5:22–23: ‘‘But the fruit ple will be without health insurance by 2019. join me, as I asked in the Women’s of the Spirit is love, joy, peace, pa- By 2027, 13 million more people will be unin- Caucus hearing just a few minutes ago, tience, kindness, goodness, faithful- sured. Families’ premiums will also increase that we secure a count of every single ness, gentleness, self-control; against by nearly 10 percent on average per year over child held in captivity. That means an such things there is no law.’’ the next decade. immigrant child who was snatched There could be no law against being The Affordable Care Act (ACA) has signifi- away from their family or an unaccom- humane to these children. cantly improved the availability, affordability, panied child. There are thousands. I am grateful to the Congressman for and quality of health care for tens of millions Where are they? his leadership in the Congressional of Americans, including millions who pre- I would also ask that Members be Black Caucus. We are not only talking viously had no health insurance at all. aware that these facilities are being about domestic issues here in the Americans are rightly frightened by Repub- brought into our districts with no no- United States, but we have extended lican attempts to repeal the ACA without hav- tice to us as Members of Congress. ourselves to talk about the pain that is ing in place a superior new plan that maintains These facilities are being paid for by transpiring in these mothers and fa- comparable coverages and comparable con- Federal tax dollars, and the tax dollars thers right now, at 9:10 p.m. eastern sumer choices and protections. of my constituents, in particular, in time, in these detention centers, with- It is beyond dispute that the ‘‘Pay More For Houston, Texas. They have given no out their children. Less’’ plan proposed by House Republicans a notice to local officials. We were not Mr. Speaker, over the last many weeks, the few months ago fails this test miserably. even aware that they were coming. country has been horrified by the sights and The Republican ‘‘Pay More For Less Act’’ is The site that is about to be seeking sounds of children being separated from their a massive tax cut for the wealthy, paid for on to be opened is in a concrete area. It is parents, and Americans aghast at the realiza- the backs of America’s most vulnerable, the very difficult for any of us to see where tion that families are being torn apart in their poor and working class households. these children would play and recreate. name. This ‘‘Robin Hood in reverse’’ bill is unprec- So we wonder: How we are going to When I visited the border and the federal edented and breathtaking in its audacity—no treat children who are going to be detention facilities that housed parents and bill has ever tried to give so much to the rich thrown into these facilities with no ac- children quarantined from one another, what I while taking so much from the poor and work- cess to what children need? witnessed was horrific and was echoed in ing class. Then this ending of the temporary heartbreaking audio recordings released by This Republican scheme gives gigantic tax protected status, I ask my colleagues the press revealing children crying, aching for cuts to the rich, and pays for it by taking insur- to join me on the legislation that I will their parents, as all face a fate uncertain, and ance away from 24 million people and raising be introducing for a 2-year extension, one inconsistent with the American ideal. costs for the poor and middle class. so that these individuals are not I will never forget the little children I met It is despicable and shameful that those thrown into the devastation that will during my visit to the border. elected to serve their people would rather see make them refugees, because they will One baby, 9-month-old Roger, had been their pockets full than their constituents be coming back, and they are now con- taken from his 19-year-old sister after she was healthy and well. tributing citizens. prosecuted for crossing the border illegally. An Administration that cared about ‘‘family What do you do with a country that Their mother is dead, now their family is values’’ would not be working so hard to re- has a million people displaced, like in gone. peal a healthcare program that has insured

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 9920 E:\CR\FM\K25JN7.086 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5641 nine out of ten Americans and saved families There is no higher priority than improving from their child to a place unknown, for a with genetic diseases and pre-existing condi- the peacefulness of these interactions and re- fate uncertain, absent any form of commu- tions thousands of dollars in debt. building the trust between law enforcement nication. But shamefully that is exactly what is happening under this administration. In 1968, African Americans were about 5.4 and the communities they serve and protect. Reports indicate that as many as 700 chil- times as likely as whites to be in prison or jail; At what point will Republicans step away dren have been taken from adults claiming compared to today, African Americans are 6.4 from the tyrant of their party and make to be their parents since October 2017, in- times as likely as whites to be incarcerated, changes that will actually benefit the commu- cluding more than 100 children under the age which is especially troubling given that whites nities they represent, to stop fighting the of 4. This startling fact comes after Acting are also much more likely to be incarcerated disenfranchised and instead fight FOR the Assistant Secretary Steven Wagner of the now than they were in 1968. disenfranchised? U.S. Department of Health and Human Serv- It is clear the inequalities and disparities that Now more than ever, the Trump Administra- ices (HHS) testified before the Senate in April 2018 that during a review of more than ignited hundreds of American cities in the tion and the GOP have shown how inhumane 7,600 unaccompanied immigrant children who 1960s still exist and have not been eliminated they are when it comes to dealing with had recently arrived and been placed with a over the last half-century. marginalized individuals. sponsor, officials at the agency were unable As Judge Learned Hand observed, ‘‘If we This has become crystal clear in the span of to determine the precise whereabouts of 1,475 are to keep our democracy, there must be one two weeks when the public was finally made children. commandment: thou shalt not ration justice.’’ aware of the policies in place at our Southern This is unconscionable and unacceptable. Reforming the criminal justice system so borders. This administration’s practice of separating children from their parents that it is fairer and delivers equal justice to all While the President purported to end the inexplicably turns accompanied children persons is one of the great moral imperatives practice of separating families with his Execu- into unaccompanied children, with all of the of our time. tive Order signed on Wednesday, thousands attendant risks and dangers, including For reform to be truly meaningful, we must of children have been torn apart from their human trafficking. In 2014, the Permanent look at every stage at which our citizens inter- families and sent to various pockets of the Subcommittee on Investigations reported act with the system—from policing in our com- country, often under cover of night, without that ‘‘over a period of 4 months, HHS alleg- munities and the first encounter with law en- any indication to their parents as to their edly placed a number of UACs in the hands of forcement, to the charging and manner of at- whereabouts, or a plan to reunite them. a ring of human traffickers who forced them taining a conviction, from the sentence im- to work on egg farms in and around Marion, In my home state of Texas, a migrant who Ohio. The minor victims were forced to work posed to reentry and collateral consequences. was separated from his family committed sui- six or seven days a week, twelve hours per The need for meaningful prison and sen- cide while in federal detention. day. The traffickers repeatedly threatened tencing reform cannot be overstated because A mother who, while breastfeeding her the victims and their families with physical being the world’s leader in incarceration is nei- young child when both were in federal deten- harm, and even death, if they did not work ther morally nor fiscally sustainable for the tion, had her child ripped away from her arms. or surrender their entire paychecks.’’ United States, or the federal government, the This cannot be how we make America great What is even more reprehensible is to this nation’s largest jailer. again; this is how we make America hateful day, the Trump administration maintains that the Office of Refugee Resettlement For individuals who have paid their debt, the again. (ORR) is not legally responsible for children reentry process is paved with tremendous, The Trump Administration is utterly failing in after they are released from ORR care. This and often insurmountable, obstacles resulting its basic duty to treat all persons with dignity line of thinking allows such gross negligence in recidivism rates as high as 75 percent in and compassion, and is making a mockery of to take place in the first place. As the some areas. our national values and reputation as a cham- Founder and Chair of the Congressional Chil- More must be done to ensure that the em- pion of human rights. dren’s Caucus and as a parent and grand- phasis on incarceration is matched with an We are a great country with a long and parent, this is unacceptable. equal emphasis on successful reentry so that noble tradition of providing sanctuary to the Studies have documented that when young children are traumatically removed from the approximately 630,000 individuals who re- persecuted and oppressed. their parents, their physical and mental enter society each year are prepared to be We are also a nation of families, from all health and well-being suffers. The effects of successful in civilian life. shapes and sizes. these traumatic experiences—especially in This is why I have also strongly supported From the 16-year-old girl and her single children who have already faced serious ad- and cosponsored legislation that will allow mom who desperately depend on the benefits versity are unlikely to be short-lived, and those with a criminal conviction to have a fair SNAP provides. can likely last a lifetime. This is exacer- chance to compete for jobs with federal agen- To the 19-year-old girl who must now be- bated when the child in custody speaks a cies and contractors. come the sole guardian for her baby brother, language that is not English or Spanish. Al- though the government has a legal obliga- I have also been working for many years to in a country she prays will offer her peace and tion to provide reasonable language services stop the over-criminalization of our young peo- refuge (and return her brother to her). to unaccompanied minors, many children ar- ple. It is in that spirit that we should act. riving to the U.S. speak indigenous lan- Today, more and more young children are It is for them that we must all stand together guages and have little or no translation as- being arrested, incarcerated, and detained in in the face of injustice. sistance provided by the U.S. government. lengthy out-of-home placements. Mr. Speaker, I include in the RECORD a copy The Trump administration’s ‘‘zero-toler- Harsh and lengthy penalties handed down of an Op-Ed entitled ‘‘We Must Cease the In- ance’’ policy does not make our nation safer to young offenders increase their risk of be- humane Practice of Separating Families Ap- or more secure, nor is it a solution to the problem of illegal immigration and refugees coming physically abused, emotionally trauma- prehended on the Border’’ in The Hill news- seeking asylum. It is, however, monstrously tized, and reduce their chance of being suc- paper. cruel, inhumane, and shameful and makes a cessfully reintegrated back into their commu- WE MUST CEASE THE INHUMANE PRACTICE OF mockery of America’s reputation as the nities. SEPARATING FAMILIES APPREHENDED ON THE most welcoming and generous nation on I have introduced and supported legislation BORDER earth. United Nations Office spokesperson Ravina to help reform how youth and juveniles are [From The Hill, June 12, 2018] Shamdasani recently condemned the Trump treated to reduce contact and recidivism within (BY REP. SHEILA JACKSON LEE (D- the juvenile and criminal justice system; to administration’s treatment of unaccom- TEXAS), OPINION CONTRIBUTOR) panied minors coming to the United States help protect them from a system that turns Every day hundreds of persons, ranging saying that ‘‘the use of immigration deten- them into lifelong offenders. from infants and toddlers to adolescents and tion and family separation as a deterrent Just as we need to minimize the conviction adults, flee violence, oppression, and eco- runs counter to human rights standards and of innocent people, we must address the un- nomic desperation from Guatemala, Hon- principles’’. necessary loss of life that can result from po- duras and El Salvador, seeking safe harbor in The last time this nation had policies that lice and civilian interactions. the United States. They are not criminals or promoted the forcible separation of children Effective law enforcement requires the con- terrorists; they are refugees seeking asylum. from newly arrived persons was slavery: a While they hope to receive asylum, none of dark chapter in this nation’s history that we fidence of the community that the law will be us expected that they would be treated as should not revisit. Today, the parents of enforced impartially and equally. criminals or that their children would be these thousands of children will not be de- That confidence has been eroded substan- forcibly separated from them. I cannot think terred from finding ways to reunite with tially in recent years by numerous instances of of a situation more devastating than having their children, even reentering the United excessive use of lethal force. the government forcibly separate a parent States under the threat of imprisonment. It

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.044 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5642 CONGRESSIONAL RECORD — HOUSE June 25, 2018 would be unconscionable to prosecute par- mane conditions. The greatest pain nation. Any decision on policy, whether eco- ents under these circumstances. There must that I can say that you would see is nomic or social, should be made to the overall be strong and aggressive congressional over- men and women who are on the verge benefit of the everyday American family. How- sight of this administration’s immigration of deportation, they don’t know what is ever, we must be extremely careful not to do enforcement. The Trump administration’s policy should happening, but they don’t have their so at the expense of millions of middle and cease and desist immediately. National Pol- children. They are going back without lower class Americans who are already strug- icy regarding immigration legislation should their children. gling to get by. not create greater fear for families already Then you also see these large ware- f traumatized by intolerable conditions in houses with thousands of little kids TAX REFORM BENEFITS their home countries. U.S. immigration pol- from 10 to 17, but they have been there icy should not deter refugees from seeking for a while. They are unaccompanied The SPEAKER pro tempore. Under asylum within our borders. We should wel- children, and we have no accounting of the Speaker’s announced policy of Jan- come mothers carrying their babies to a safe uary 3, 2017, the gentlewoman from In- haven and assure the safety of their children. these children. That is what we are seeing. That is, diana (Mrs. BROOKS) is recognized until I will soon be introducing legislation pro- 10 p.m. as the designee of the majority hibiting the separation of children from I think, a shame on this government, their families absent a health or safety risk. and we can do better. We have been a leader. The legislation will also provide that these refuge for refugees. There is a way to GENERAL LEAVE children the right to be represented by coun- orderly do this. Mrs. BROOKS of Indiana. Mr. Speak- sel and that translation services be available Mr. EVANS. Mr. Speaker, I want to er, I ask unanimous consent that all at all legal proceedings at all stages. end with that comment by the great Members have 5 legislative days in As we have seen with the recent volcanic gentlewoman from the State of Texas which to revise and extend their re- activity and earthquakes in Guatemala, the marks and to include extraneous mate- United States should be seeking ways to help on Chairman RICHMOND’s leadership of the Congressional Black Caucus. There rial on the topic of this Special Order. its neighbors in the Southern Hemisphere. The SPEAKER pro tempore. Is there The Trump administration is utterly failing is no better way to end than that com- in its basic duty to treat all persons with ment. objection to the request of the gentle- dignity and compassion. Rather, it is making Mr. Speaker, I yield back the balance woman from Indiana? a mockery of our national values and reputa- of my time. There was no objection. tion as a champion of human rights. Ms. EDDIE BERNICE JOHNSON of Texas. Mrs. BROOKS of Indiana. Mr. Speak- This crisis is not just an immigration mat- Mr. Speaker, House Republicans continue to er, I rise today with a number of my ter, nor is it just a foreign policy matter. It profess that ‘‘family values’’ form the bedrock colleagues from Indiana and Ohio, the is a humanitarian crisis, executed by an ad- great Midwest, to celebrate the 6- of their decision making. Yet, time and time ministration that purports to be the cham- month anniversary of the Tax Cuts and again there is action being taken to the con- pion of ‘family values’ but whose actions do Jobs Act being signed into law. not actually value families. trary. We have seen that the same ‘‘family val- Our previous tax code was written We are a great country with a long and ues’’ that Republicans claim to have are not more than 30 years ago and became noble tradition of providing sanctuary to the evident in the debates here on the floor, the persecuted and oppressed. And it is in that broken, outdated, and overly com- legislation brought forth, and ultimately what is plicated, and desperately needed to be spirit that we should act. We can do it; after voted on in Congress. all, we are Americans. reworked so Americans could receive Whether the topic is food nutrition for our much-needed relief. It was failing to Mr. EVANS. Mr. Speaker, can you children, Supplemental Security Income bene- tell me how much time I have remain- support families with the resources fits for older Americans, or immigration poli- they need in order to properly plan for ing? cies, the average American family does not The SPEAKER pro tempore (Mr. their futures. Our tax code left those stand to benefit from many of the proposals who were struggling to make ends FITZPATRICK). The gentleman from considered by my Republican colleagues. meet behind. Pennsylvania has 13⁄4 minutes remain- Even when it comes down to the physical But on December 22, 2017, that began ing. well-being of our citizens, Republicans have to change when the President signed Mr. EVANS. Mr. Speaker, I would shown through their actions that they value H.R. 1, the Tax Cuts and Jobs Act, into like to ask one quick question then. profits more than lowering the cost of health law. The Tax Cuts and Jobs Act cut the Ms. JACKSON LEE has visited some of care for millions of Americans. In fact, the re- individual tax rates for all individuals, these locations. Can she describe—be- cent corporate tax bill passed by the Repub- allowing Americans to keep more of cause I haven’t been there, or maybe lican party is have directly associated with a their hard-earned paychecks. It also for people who haven’t—exactly what 15% spike in premiums at the expense of slashed our corporate tax rate to en- is going on in those centers. middle- and working-class Americans. The sure American businesses can remain Ms. JACKSON LEE. Mr. Speaker, it nonpartisan CBO also reported that another 3 competitive and compete on a global is a painful experience, as I indicated. million will be pushed off their coverage alto- scale. Toddlers don’t speak. They are stand- gether. H.R. 1 also included provisions to ing still, as has been evidenced by I have even greater concerns as to how support the most important engines of Members who have gone. I saw two lit- House Republicans are strengthening families our economy: small businesses. By al- tle babies. Leah, a little older, fussy, while the GOP Farm Bill that passed last week lowing businesses to fully write off the playing on the floor, didn’t want any- will kick at least 2 million people off food cost of new equipment in the first year, one to touch her. And Roger wanted stamps, and cut total food stamp benefits by our updated and revamped tax code someone to touch him. Mothers in more than $23 billion. Meanwhile, Republicans provides small businesses more money cages, other mothers in a detention refused to include limits on subsidies provided up front to quickly reinvest back into center in Los Fresno, nine of them for crop insurance—one of the few federal improving their operations, hiring new from Honduras, each and every one had programs without eligibility caps or payment workers, and increasing pay and/or bo- a child taken, and they were crying. limits. Moreover, Supplemental Security In- nuses of current workers. But the crux of this is that they come is truly a provider of last resort and is In 6 short months, the Tax Cuts and don’t know where the child is, and the vital for those who depend on it, yet my col- Jobs Act is already working for those child does not know where they are. leagues continue to impose devastating cuts who need it most, our country’s hard- These centers are being put up. One to a program that benefits our most vulner- working middle class families and that already exists in my community able. On the immigration front, Republicans workers, allowing Americans across has been charged with abusing chil- are unwilling to allow migrant families to re- the country, and in Indiana, to keep dren: throwing them down on the floor main together and are instead separating more of their income. and giving them medication that they them at our southern border. For the typical family of four nation- do not want; in essence, giving them Mr. Speaker, these are just a few examples wide earning the median family income medication to keep them quiet. of how what we do here impacts millions of of $73,000, with this new law, they will I know there are good people—every- families all across the country. I believe many now receive a tax cut of $2,059. In the one wants to talk about good people in of my colleagues will agree with me that Fifth District of Indiana—central Indi- their own State—but these are inhu- strong families form the foundation of a strong ana, which I represent—the average

VerDate Sep 11 2014 05:56 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A25JN7.045 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5643 family of four is saving even more than impossible. We were told that the mid- Additionally, 47 percent of U.S. small that, at about $2,590, and the average dle class and small businesses would businesses plan to use their tax savings single person is saving about $1,716 dol- not see any benefits. And we were told to increase business investments. lars. that manufacturing jobs would never We know from the data that there is These savings allow people to put come back. a 99 percent correlation between busi- money aside for things like continued Mr. Speaker, all of these so-called ex- ness investment and wages, and there education; payments toward a new perts were dead wrong. is no question that the Tax Cuts and home; and, overall, provide relief by Since December, the U.S. economy Jobs Act has spurred business invest- making the cost of living just that has been growing at 2.9 percent and the ment. much more manageable. Atlanta Federal Reserve bank esti- This was the largest increase of Additionally, more than $4 billion in mates that growth this quarter will ex- wages since mid-2009. bonuses have been given out to employ- ceed 4 percent. Mr. Speaker, some have said the good ees all across the country—$4 billion. This is hardly the ‘‘secular stagna- news has amounted to crumbs and have Our Nation’s unemployment has fallen tion’’ that so many on the left insisted promised to undo all of the gains we to the lowest in 17 years, an unemploy- was the inescapable future for the U.S. have seen from tax reform. ment rate of 3.8 percent as of May of economy. We owe it to the American people to make sure that that does not happen, this year. The bottom line is this: the Tax Cuts and Jobs Act has unleashed record but instead, we need to make these tax b 2115 growth by lowering taxes on America’s cuts permanent. Market confidence is also high. Our families and businesses. Mrs. BROOKS of Indiana. Mr. Speak- economy is booming, with 63 percent of When I am back home in northeast er, I yield to the gentleman from Indi- small businesses saying they feel opti- Indiana, I am constantly hearing good ana (Mr. HOLLINGSWORTH), who rep- mistic about the direction of our econ- news as a result of tax reform. resents the Ninth Congressional Dis- omy and 77 percent of manufacturers In Bluffton, 20/20 Plastics is increas- trict in southern Indiana. He is a gen- are planning on hiring new employees. ing annual wages by $1,200 and looking tleman who has done business for many This is good news, because when our to invest in new manufacturing facili- years. economy grows, everyone benefits. ties in 2019. Mr. HOLLINGSWORTH. Mr. Speaker, A constituent of mine from Pen- In Fort Wayne, Quake Manufacturing I thank the chairwoman for hosting dleton, who owns a restaurant, re- is adding $1,000 bonuses and dental in- this very important Special Order, and cently told me that instead of having surance for its employees. I am so glad that we are talking about to shut down for several days for re- Hoosiers across northeast Indiana the tremendous benefits that we have pairs when a vital piece of his kitchen have experienced the benefits just from seen from the Tax Cuts and Jobs Act equipment broke, he was able to pur- turning on their lights, as Northern In- passed just over 6 months ago. During the last 6 months, we have chase a newer, more efficient model diana Public Service Company re- heard a lot of impressive statistics and remain open thanks to the new ex- quested that customers’ utility rates about the national economy. We have pensing provisions in the tax law. be lowered. heard about unemployment being down I also heard from a Hoosier who came It is no secret why this is happening: to 3.8 percent. We have heard about to D.C. with NFIB who is now able to Washington is taking a page out of In- second quarter GDP being projected at provide his employees health insurance diana’s playbook. During my time as a State senator, I in excess of 4 percent. We have heard thanks to the savings he has seen was proud to work with Governors about there being more available jobs through the savings for small busi- Mitch Daniels and MIKE PENCE to sig- than there are available workers in nesses resulting from the Tax Cuts and nificantly lower taxes on individuals this country for the first time since the Jobs Act. This critical benefit has and businesses. Labor Department has been keeping helped him retain workers—he, I recall, As a result, Indiana has one of the that statistic. had eight employees—and is allowing strongest economies in the country, It is really impressive what the na- him to recruit even better talent to with an unemployment rate of 3.2 per- tional economy has been doing over the further grow his operations. cent and a labor force participation past 6 months, but what matters most These stories are just two of millions rate well above the national average. to me and what matters most to Hoo- from across the country showing just Unemployment claims are at a his- siers back home in the Ninth District how much tax reform changes people’s toric low, and Indiana consistently is, what it is doing for them; what it is lives for the better and will provide ranks as one of the top States for busi- doing for their small businesses; what certainty and optimism for much ness investment and economic growth. it is doing for their pocketbooks; what brighter futures. For example, the annual report it is doing for their families; and what Still more good news is to come as ‘‘Rich States/Poor States’’ ranks Indi- it is doing for their communities. Americans file their taxes next April ana as having the country’s third best In Ellettsville, Joe said: for the first time using the new sys- economic outlook, while CNBC has Per month, my wife and I alone will re- tem. consistently ranked the Hoosier state ceive over $200, and for our family, that real- Mr. Speaker, I am really pleased that as one of the best places in the country ly helps us out. That is groceries for an en- I have several colleagues here both to do business. tire week. from Indiana and from Ohio who have Finally, Indiana continues to be a Down in New Albany, Will said: come to share their stories about their manufacturing powerhouse, with As a small businessowner, I am now able to constituents and the good things that 536,000 Hoosiers employed in the indus- invest more in our company and employ are happening in their districts. try, and this number will only grow more qualified people. Mr. Speaker, I yield to the gentleman thanks to the Tax Cuts and Jobs Act. These are just two stories of what I from Indiana (Mr. BANKS). Mr. BANKS Monthly manufacturing job gains hear day in and day out when I am represents Indiana’s northeastern have more than doubled under Repub- traveling about the district. Third District and is serving in his lican control, with over two-thirds of When I go to townhalls, I hear about first term in Congress. I thank Con- manufacturers creating new jobs to the tax reform. When I go to small gressman BANKS for being here. fill. businesses, I hear about the tax reform. Mr. BANKS of Indiana. Mr. Speaker, Even more impressive, 86 percent of When I go and visit families at their I thank my friend, Chairwoman manufacturing firms plan to increase farms, I hear about tax reform’s im- BROOKS, for her attention to the posi- capital investments thanks to the tax pact. tive effects of tax cuts on our Nation’s cuts passed by Republicans. I want to ensure that we continue to economy, especially back home in Indi- As the district with the most manu- see the impressive national statistics, ana. facturing workers in the country, this but also continue to hear the great sto- Mr. Speaker, when this body was de- is great news for Hoosiers as companies ries about how this bill, how the Tax bating the Tax Cuts and Jobs Act, we across northeast Indiana are hiring Cuts and Jobs Act, made a difference in were told that 3 percent growth was more employees and increasing wages. individual Hoosiers’ lives.

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.089 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5644 CONGRESSIONAL RECORD — HOUSE June 25, 2018 Mrs. BROOKS of Indiana. Mr. Speak- for the State of Ohio, and it is working There was a recent survey of manu- er, I thank the gentleman from south- for America. facturers that found 72 percent of man- ern Indiana for sharing. What I have heard from some of my ufacturers report that they plan to in- Mr. Speaker, I yield to the gentleman constituents: Carolyn in Grover City, crease employee wages and benefits; 77 from Ohio (Mr. STIVERS). He is from who is a budding entrepreneur, is using percent plan to hire more workers; 86 central southern Ohio’s 15th District. her tax cut to start a small business. percent say that they have already He is a dedicated soldier. I under- Tamela in Amanda says that it just planned expanded investments. stand Mr. STIVERS has been a long time helps her breathe easier having a little This is the economic comeback that in the Army National Guard, actually extra money in her pocket, knowing Americans and their families have long over 30 years, and is now a brigadier that the government is taking a little waited for. With results we promised, general in the Ohio Army National bit smaller bite. She has got a little bit like bigger paychecks and lower utility Guard. I thank him for that service and more money to make things balance. bills, because of tax reform, people are ask that he please share with us the It has only been 6 months since the better off. stories he has been hearing about how Tax Cuts and Jobs Act took effect, and So often policy becomes about the it has been impacting those in the I look forward to seeing how Ohioans numbers. And these are great numbers Buckeye State. and Americans continue to benefit. and we are proud of these numbers. Mr. STIVERS. Mr. Speaker, I want to Mrs. BROOKS of Indiana. Mr. Speak- But now I would like to focus a little thank my colleague from Indiana, the er, I thank the gentleman from Ohio bit more on what tax reform means, Chair of the House Ethics Committee, for his comments. When he shared focus on why it matters. for putting together this Special Order about people breathing easier, I know b 2130 so we can talk about what is going on that a bank teller that I spoke with in with tax reform. Sheridan, Indiana, shared with me that The why is the real people in eastern Mr. Speaker, the numbers don’t lie. that extra in her paycheck is allowing Washington, hardworking men and Tax reform is growing our economy her to pay more for daycare rather women in eastern Washington and all and providing more opportunities for than her husband having to work quite across this country who now have the all Americans. It has been just over 6 so hard at that second job. So it is opportunity for a better life, thanks to months since the Tax Cuts and Jobs helping her pay their daycare bill and this progrowth policy. Act was signed into law, and we are al- it is helping them breathe a little bit For weeks now, my colleagues have ready seeing results. easier. come to the House floor to share sto- First and foremost, our economy is Mr. Speaker, I yield to the gentle- ries of small businesses that are ex- growing at nearly 4 percent, a remark- woman from Washington (Mrs. MCMOR- panding, moms and dads that can spend able number, despite the Congressional RIS RODGERS). Mrs. MCMORRIS RODGERS more time with their children, families Budget Office’s pessimistic prediction represents eastern Washington’s Fifth taking vacations together for the first of only 1.9 percent growth. District. time, and so many more stories. Those When I started in Congress in 2011, I have the pleasure of working along- stories are the same stories that I hear unemployment was 9 percent. Due side her on the Energy and Commerce in eastern Washington. largely to our tax reform and regu- Committee, and we have heard about 1 A few weeks ago, I was talking with latory reform, our business community million more jobs created, 4 million a family in Spokane, Washington, and is now creating jobs. Unemployment more people receiving bonuses, 90 per- they told me that they are seeing $400 has fallen to 3.8 percent, according to cent of people with more money in more a month in take-home pay. They the Bureau of Labor Statistics, an 18- their paychecks. are grateful for that extra cushion be- year low. Mr. Speaker, I look forward to hear- cause their daughter is living with a Moreover, not only are businesses ing how tax cuts are impacting the disability and, given her needs, they hiring, but they are reinvesting in State of Washington. never know what the expenses may be. their employees. They are giving Mrs. MCMORRIS RODGERS. Mr. With nearly 5,000 more dollars in their Americans more money in their pock- Speaker, I thank the gentlewoman pocket this year, they are more con- et. In fact, 4 million workers and very much for yielding and for hosting fident about the future and their abil- counting have received bonuses and us this evening and bringing us to- ity to care for her. seen more money sent to their 401(k)s, gether to talk about the positive im- I also met a dad who manages the and 90 percent of Americans have more pact of the Tax Cuts and Jobs Act, one Starbucks in downtown Spokane. He money in their paychecks as a result of part that is contributing to our boom- was so excited about the announce- tax reform. ing economy. ment of bigger paychecks, more take- I am seeing the benefits across my Last Friday was the 6-month anni- home pay, better benefits, because he district, with companies such as Na- versary of the passage and the signing had just had a son. He and his wife had tionwide Insurance, R+L Carriers, of the Tax Cuts and Jobs Act into law. just given birth 4 months earlier, and eCycle, and Fifth Third Bank giving It is the most sweeping tax reform in he was so hopeful about this future. bonuses, pay raises, and raising con- more than 3 decades, and our goal was When the withholding tables changed tributions to retirement. pretty simple: more jobs, bigger pay- in February, I received a call in my of- These benefits are real and make a checks, and fairer taxes. And as this fice from a woman who could barely tangible difference for hardworking law continues to be implemented, that speak because she was so excited about families in the 15th District and it has is what we are seeing. what an extra $40 in her paycheck was given them an opportunity to reinvest Since we passed the Tax Cuts and going to mean for her. And I quote her: in their future. Jobs Act, we have been able to create ‘‘I just got my paycheck for the first The economy is booming, and people more than 1 million jobs; the unem- time, and I am getting $47.98 more than are noticing. Consumer confidence is at ployment rate is now at 3.8 percent, I did in the past, which is about $1,200 an 18-year high. We are seeing wage that is the lowest in 50 years, since more a year. For me, they are not growth, a pay raise for the American 1969; unemployment for Blacks and crumbs. It’s more money to help me worker, for many of them for the first Hispanics is at the lowest level ever on put food on the table. I’m so happy, I time in 10 years. record; compensation increases for wanted to tell everybody, the whole We were also told that the tax bill small business workers are at the high- world, that these tax cuts work.’’ would hurt the housing market; how- est level in 20 years; consumer con- So to some, these may be crumbs, ever, home prices are surging. Accord- fidence is close to an 18-year high; peo- but to hardworking men and women, it ing to the S&P, the home price index ple are the most hopeful that they have makes a difference in being able to sup- has increased 6.5 percent. been in 17 years about finding that port their families. The statistics and stories go on and good-paying job; and for the first time I had another person contact my of- on, but, Mr. Speaker, you just can’t in our history, there are more jobs fice thinking that their H.R. system deny the numbers. Tax reform is work- available than people that are seeking had glitched when they saw $100 more ing for the 15th District, it is working and looking for those jobs. in their paycheck, and he said: ‘‘For

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.091 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5645 me this will be $2,400 a year. That’s proud to join all of our colleagues to- Army Ranger and had been in business real money, to buy groceries, fill the night to talk about the effects of the prior to coming here to the people’s car up with gas, or take the family on Tax Cuts and Jobs Act. I want to focus House. a weekend trip.’’ my comments on the good news coming Mr. DAVIDSON. Mr. Speaker, I Tax reform is changing lives and, de- out of eastern and southeastern Ohio as would like to thank Chairwoman spite all the good, all these milestones a result of these historic tax reforms. BROOKS for putting this Special Order and positive headlines, our colleagues Just last week, we celebrated the 6- together and taking time to call atten- across the aisle still voted ‘‘no,’’ and month anniversary of the Tax Cuts and tion to some good news. Good news is worse, they now are wanting to take it Jobs Act being signed into law. In just out there. It is hard to find sometimes away. these few months, we have seen con- on the news, but tax reform, the Tax For working moms and dads, we dou- sumer, business, and manufacturing Cuts and Jobs Act is all about good bled the child tax credit, preserved the confidence at or near record levels, news. adoption tax credit, expanded 529 ac- more money back into the pockets of What is astonishing is the Tax Cuts counts to help with the cost of raising hardworking Americans, and unem- and Jobs Act was already having an children. For moms like me who are ployment rates at some of the lowest impact even before it became law. The raising a child with a disability, I was levels we have seen in nearly two dec- hope of the cuts that were to come proud to get my ABLE 2.0 provisions ades. were causing our economy to grow at included so that now a child with dis- In the Sixth District of Ohio, since nearly double the rate that it was abilities can go explore work, find a the start of 2017, unemployment rates under the previous administration. job, and take those earnings and put have dropped significantly in each of And now we have seen deeds, not just them into their ABLE account. the 18 counties I represent. Now, we words. We have seen actions transform ABLE to Work is going to allow indi- know there is still more work to do, the idea of tax cuts into enacted tax viduals to save more of their own but the trends are moving in a positive cuts, things that have transformed the money, maybe go get an internship or 1 direction. expectation of 1 ⁄2 percent growth, the a part-time job. My ABLE Financial Many of our friends on the other side path that had our economy stagnating, Planning Act will allow families of of the aisle said the sky would fall take-home pay stagnating, and no hope those with disabilities to roll over when we passed this landmark legisla- for the growth that our parents once funds from a child’s savings account to tion but, in fact, the opposite has hap- knew to be part of the American fu- an ABLE account if their child be- pened. ture. comes disabled. These provisions are Just last week, one of my constitu- Today, we are seeing 3 percent going to help families who have chil- ents from Marietta, Ohio, stopped by growth. We may even see more than 4 dren with disabilities live full and inde- my office to tell me he is receiving an percent growth in this quarter. The ex- pendent lives, and I was proud to be a additional $80 each week in his pay- perts said this wasn’t going to happen part of that. check due to tax reform. That is an ad- and, instead, what we have seen is the For the millions of women who re- ditional $320 per month, or $3,840 per power of ideas, the power of those ideas cently received a pay increase, includ- year. That is even more than the aver- becoming law, and now we are seeing ing entry-level employees at age of what we thought was going to that show up in our economy. Wheatland Bank in Spokane, Wash- happen for hardworking families. He What does that mean for families in ington, they can now invest more of said he uses this money to help pay his Ohio? Hardworking families are getting what they earn in their pay for their car payments, and he expressed his more home take-home pay. They are education, retirement, everyday ex- gratitude for that extra money he has creating more opportunities. The abil- penses to travel and chase their in his pocket to help him make those ity to change jobs and find a better- dreams. payments. paying one with better benefits is out In fact, more than 600 companies I hear these stories every day when I there because everyone I am talking to have passed down benefits from tax re- travel my home district in eastern and is hiring. form to their employees. For people southeastern Ohio, and I can tell you This is great news for Ohio, a State and small-business owners in my dis- firsthand, we are still seeing the bene- that just a short time ago was reeling trict, this means real relief. Ninety fits from the Tax Cuts and Jobs Act, from over 400,000 jobs lost, a fleeting percent of people are seeing more and we will for a long time to come. economy, and a State savings account money in their pocket every month. The results are real, and it is encour- that was raided to just 89 cents left in For the average family of four, it is aging to see what happens when we Ohio’s treasury. $2,000 a year. refuse to accept the previous adminis- These are real stories from real peo- tration’s slow-growth economic poli- Today, Ohio’s manufacturers are hir- ple who are benefiting, and we are just cies as some kind of new normal. ing. In fact, nearly every company that getting started. There is no doubt: The hardworking I have met with is hiring, and their Mrs. BROOKS of Indiana. Mr. Speak- men and women of eastern and south- problem is they can’t hire fast enough. er, I thank the gentlewoman from eastern Ohio are optimistic about the They are looking for more good work- Washington, and I love her message of positive economic growth under our ers, and this is creating better opportu- more jobs as she just talked about big- new Tax Code, but they are not the nities for hardworking Ohioans and ger paychecks, fairer taxes. It is hap- only ones. This positive outlook is hap- better opportunities for American com- pening in her State and all across the pening all over America. panies. Because we didn’t just cut country. You know, it is about time that taxes, we reformed taxes, and we made Mr. Speaker, I yield to the gentleman Washington creates an environment changes that make it so companies are from Ohio (Mr. JOHNSON), who, prior to where our free enterprise, market-driv- investing in Ohio, in America again, coming to Congress, also served our en system puts money into the Amer- and this is creating these jobs. country. He retired as a lieutenant ican people’s pocket rather than Wash- Places like Staub Manufacturing So- colonel from the United States Air ington standing there with its hand out lutions have seen an uptick in sales, Force, and I am very fortunate because taking money out of their pockets, and employment, and optimism. They have I get to serve with him, also, on the that is just what the Tax Cuts and Jobs grown their team from 23 to 37 employ- Energy and Commerce Committee. Act did. ees over the last year, and they re- I ask the gentleman to please share Mrs. BROOKS of Indiana. Mr. Speak- cently expanded by acquiring a new with us how the Tax Cuts and Jobs Act er, I thank the gentleman from Ohio building. is helping eastern Ohio. for sharing with us how it is impacting Hartzler Propeller in Troy, Ohio, is Mr. JOHNSON of Ohio. Mr. Speaker, eastern and southeastern Ohio. experiencing the same optimism and I thank my colleague, Mrs. BROOKS I yield to the gentleman from Ohio continues to grow and invest in the fu- from Indiana, for hosting this Special (Mr. DAVIDSON), who represents the ture of their employees and their in- Order this evening to talk about this Eighth Congressional District and also vestment in Ohio. very important topic, and I am really served his country as a United States How does this happen?

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.093 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5646 CONGRESSIONAL RECORD — HOUSE June 25, 2018 The framework has to be right. It is that will encourage economic growth, received June 21, 2018, pursuant to 5 U.S.C. not more government or less govern- create those jobs, ensure that our Tax 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ment; it is the right kind of govern- Code continues to support the policies Stat. 868); to the Committee on Education ment. It is the kind of government that to make sure that the welfare of Amer- and the Workforce. has made America the world’s land of ican citizens in the 21st century is at 5295. A letter from the Acting Assistant opportunity. Secretary, Office of Cybersecurity, Energy the highest so that we can have the Security and Emergency Response, Depart- America has always attracted the best for all Americans in the 21st cen- ment of Energy, transmitting the Depart- best goods, services, capital, ideas, and tury. ment’s report to Congress titled, ‘‘Vulner- people that flow freely and flourish I want to thank all my colleagues for ability of the Electric Grid to an Electro- here in America because we have the taking the time to participate this magnetic Pulse and the Potential Impact on certainty of a good regulatory frame- evening, as we have gone late into the Electric Power Delivery and Reliability’’; to work, not an excessive, burdensome evening. I look forward to working for the Committee on Energy and Commerce. regulatory framework. We have seen the benefit of all of our constituents all 5296. A letter from the Director, Office of that burden lifted, and we have seen it across the country. Congressional Affairs, Office of Nuclear Ma- complemented by strong tax reform, terial Safety and Safeguards, Nuclear Regu- Mr. Speaker, I am very proud to have latory Commission, transmitting the Com- important tax cuts, and we have seen been a part of the passage of this his- the result is more jobs, more than a mission’s NUREG Revision — Consolidated toric Tax Cuts and Jobs Act, and I Guidance About Materials Licenses: Pro- million created in the 6 months since yield back the balance of my time. gram-Specific Guidance About Possession this bill became law. f Licenses for Production of Radioactive Ma- The Tax Cuts and Jobs Act is a con- terial Using an Accelerator (NUREG-1556, structive policy for jobs, for prosperity, LEAVE OF ABSENCE Volume 21, Revision 1) received June 21, 2018, and for a promising economic future By unanimous consent, leave of ab- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Com- for everyone in America. sence was granted to: Mrs. BROOKS of Indiana. Mr. Speak- mittee on Energy and Commerce. Mr. CURTIS (at the request of Mr. er, I thank the gentleman from Ohio 5297. A letter from the Secretary, Depart- MCCARTHY) for today and June 26 on for his comments, and I agree with ment of the Treasury, transmitting a six- account of his primary election in him. Everyone is hiring. There are so month periodic report on the national emer- many job openings right now. Utah. gency with respect to transnational criminal As the gentleman said, there are a Mr. DONOVAN (at the request of Mr. organizations that was declared in Executive MCCARTHY) for today and June 26 on Order 13581 of July 24, 2011, pursuant to 50 million new jobs. Everyone is com- U.S.C. 1641(c); Public Law 94-412, Sec. 401(c); peting at a higher level, and they have account of his primary election in New York. (90 Stat. 1257) and 50 U.S.C. 1703(c); Public to compete in order to retain those em- Law 95-223, Sec 204(c); (91 Stat. 1627); to the Mr. CUELLAR (at the request of Ms. ployees in order to keep those employ- Committee on Foreign Affairs. PELOSI) for today until 6:50 p.m. on ac- ees happy. 5298. A letter from the Director, Defense So things are really buzzing along, count of flight delay. Security Cooperation Agency, Department of and I thank the gentleman for being Mr. PAYNE (at the request of Ms. Defense, transmitting a report on the value here this evening and sharing what is PELOSI) for today. of sales of defense equipment for the second going on in southern Ohio. f quarter of Fiscal Year 2018, pursuant to Secs. Mr. Speaker, I have no further speak- 36(a) and 26(b) of the Arms Export Control ers, but as we have heard from Mem- ADJOURNMENT Act, the March 24, 1979, Report by the Com- bers from Indiana, Ohio, and Wash- Mrs. BROOKS of Indiana. Mr. Speak- mittee on Foreign Affairs (H. Rept. 96-70), and the July 31, 1981, Seventh Report by the ington, because everyone is hiring and er, I move that the House do now ad- Committee on Government Operations (H. people have to compete, there are com- journ. Rept. 97-214); to the Committee on Foreign panies throughout Indiana, companies The motion was agreed to; accord- Affairs. like First Merchants Bank, one of the ingly (at 9 o’clock and 45 minutes 5299. A letter from the Associate General first in Indiana to announce they were p.m.), under its previous order, the Counsel for General Law, Department of going to have an hourly wage increase House adjourned until tomorrow, Tues- Homeland Security, transmitting an action and $500 bonus for nonsenior manage- day, June 26, 2018, at 10 a.m. for morn- on nomination, pursuant to 5 U.S.C. 3349(a); ment; a company in my district, one of ing-hour debate. Public Law 105-277, 151(b); (112 Stat. 2681-614); to the Committee on Oversight and Govern- the larger employers, Hoosier Park Ca- f sino, all employees received a $500 ment Reform. bonus after the Tax Cuts and Jobs Act EXECUTIVE COMMUNICATIONS, 5300. A letter from the Executive Vice was announced; Fifth Third Bank, ETC. President and Chief Financial Officer, Fed- eral Home Loan Bank of Chicago, transmit- $1,000 bonuses to over 13,000 employees, Under clause 2 of rule XIV, executive ting the 2017 management report of the Fed- and they also raised the minimum communications were taken from the eral Home Loan Bank of Chicago, pursuant wage. Speaker’s table and referred as follows: to 31 U.S.C. 9106(a)(1); Public Law 97-258 (as These are the types of stories that we 5292. A letter from the Executive Assistant amended by Public Law 101-576, Sec. 306(a)) have heard, whether it is from small to the Director of Army Financial Services, (104 Stat. 2854); to the Committee on Over- companies or from large, national com- USAMCOM, Department of the Army, De- sight and Government Reform. panies and companies that do business partment of Defense, transmitting the De- 5301. A letter from the Senior Vice Presi- all across the country. They are com- partment’s final rule — Military Payment dent/Chief Accounting Officer, Federal Home peting for workers, and when they are Certificates [Docket ID: USA-2018-HQ-0007] Loan Bank of Des Moines, transmitting the competing for workers, the workers (RIN: 0702-AA91) received June 21, 2018, pur- 2017 Management Report of the Federal suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Home Loan Bank of Des Moines including fi- and the employees are winning because nancial statements, pursuant to 31 U.S.C. everyone is hiring and everyone is try- 121, Sec. 251; (110 Stat. 868); to the Committee on Armed Services. 9106(a)(1); Public Law 97-258 (as amended by ing to compete. 5293. A letter from the Alternate OSD Public Law 101-576, Sec. 306(a)); (104 Stat. Mr. Speaker, I thank all of my col- FRLO, Office of the Secretary, Department 2854); to the Committee on Oversight and leagues for the opportunity to high- of Defense, transmitting the Department’s Government Reform. light the benefits of the Tax Cuts and final rule — Policy on Technical Surveil- 5302. A letter from the Director, Office of Jobs Act. Every Member of Congress lance Countermeasures [Docket ID: DOD- Sustainable Fisheries, NMFS, National Oce- has this duty to their constituents and 2017-OS-0050] (RIN: 0790-AJ59) received June anic and Atmospheric Administration, trans- to try to make sure that we promote 21, 2018, pursuant to 5 U.S.C. 801(a)(1)(A); mitting the Administration’s temporary rule and make sure that the benefits of his- Public Law 104-121, Sec. 251; (110 Stat. 868); to — Fisheries of the Exclusive Economic Zone toric tax reform have extended all the Committee on Armed Services. Off Alaska; Pacific Ocean Perch in the Ber- 5294. A letter from the Assistant Secretary, ing Sea and Aleutian Islands Management across the country, as we have heard Employee Benefits Security Administration, Area [Docket No.: 150916863-6211-02] (RIN: today, and have impacted Americans Department of Labor, transmitting the De- 0648-XE832) received June 20, 2018, pursuant from all walks of life. partment’s Major final rule — Definition of to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Moving forward, we have to continue ‘‘Employer’’ Under Section 3(5) of ERISA-- Sec. 251; (110 Stat. 868); to the Committee on to implement these types of policies Association Health Plans (RIN: 1210-AB85) Natural Resources.

VerDate Sep 11 2014 05:56 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K25JN7.094 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE June 25, 2018 CONGRESSIONAL RECORD — HOUSE H5647 5303. A letter from the Acting Director, Of- suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- 5317. A letter from the Director, National fice of Sustainable Fisheries, NMFS, Na- 121, Sec. 251; (110 Stat. 868); to the Committee Legislative Division, American Legion, tional Oceanic and Atmospheric Administra- on Natural Resources. transmitting statements describing the fi- tion, transmitting the Administration’s tem- 5310. A letter from the Acting Director, Of- nancial condition of The American Legion as porary rule — Fisheries of the Exclusive Eco- fice of Sustainable Fisheries, NMFS, Na- of December 31, 2017 and 2016 along with sup- nomic Zone Off Alaska; Pacific Ocean Perch tional Oceanic and Atmospheric Administra- plemental data; to the Committee on the Ju- in the Western Regulatory Area of the Gulf tion, transmitting the Administration’s tem- diciary. of Alaska [Docket No.: 160920866-7167-02] porary rule — Fisheries of the Northeastern 5318. A letter from the Chief, Publications (RIN: 0648-XF798) received June 20, 2018, pur- United States; Northeast Multispecies Fish- and Regulations Branch, Internal Revenue suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- ery; Trip Limit Increase for the Common Service, transmitting the Service’s IRB only 121, Sec. 251; (110 Stat. 868); to the Committee Pool Fishery [Docket No.: 151211999-6343-02] — Changes in accounting periods and in on Natural Resources. (RIN: 0648-XF256) received June 20, 2018, pur- methods of accounting [Rev. Proc. 2018-35] 5304. A letter from the Acting Director, Of- suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- received June 20, 2018, pursuant to 5 U.S.C. fice of Sustainable Fisheries, NMFS, Na- 121, Sec. 251; (110 Stat. 868); to the Committee 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 tional Oceanic and Atmospheric Administra- on Natural Resources. Stat. 868); to the Committee on Ways and tion, transmitting the Administration’s tem- 5311. A letter from the Acting Director, Of- Means. porary rule — Fisheries of the Caribbean, fice of Sustainable Fisheries, NMFS, Na- 5319. A letter from the Chief Counsel, For- Gulf of Mexico, and South Atlantic; 2017 tional Oceanic and Atmospheric Administra- eign Claims Settlement Commission of the Commercial Accountability Measure and tion, transmitting the Administration’s final United States, Department of Justice, trans- Closure for South Atlantic Vermilion Snap- rule — Magnuson-Stevens Act Provisions; mitting the annual report for CY 2017 of the per [Docket No.: 130312235-3658-02] (RIN: 0648- Fisheries Off West Coast States; Pacific Foreign Claims Settlement Commission of XF730) received June 20, 2018, pursuant to 5 Coast Groundfish Fishery; 2017-2018 Biennial the United States, pursuant to 22 U.S.C. 1622(c); Mar. 10, 1950, ch. 54, Sec. 3(c) (as U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Specifications and Management Measures; amended by Aug. 9, 1955, ch. 645, Sec. 1); (69 251; (110 Stat. 868); to the Committee on Nat- Inseason Adjustments [Docket No.: 160808696- Stat. 562) and 50 U.S.C. 4107; July 3, 1948, ch. ural Resources. 7010-02] (RIN: 0648-BG95) received June 20, 826, Sec. 9 (as amended by Public Law 89-348, 5305. A letter from the Acting Director, Of- 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public Sec. 2(6)); (79 Stat. 1312); jointly to the Com- fice of Sustainable Fisheries, NMFS, Na- Law 104-121, Sec. 251; (110 Stat. 868); to the mittees on Foreign Affairs and the Judici- tional Oceanic and Atmospheric Administra- Committee on Natural Resources. ary. tion, transmitting the Administration’s tem- 5312. A letter from the Assistant Adminis- porary rule — Fisheries of the Exclusive Eco- trator for Fisheries, NMFS, Office of Sus- f nomic Zone Off Alaska; Northern Rockfish in tainable Fisheries — SERO, National Oce- REPORTS OF COMMITTEES ON the Bering Sea and Aleutian Islands Manage- anic and Atmospheric Administration, trans- PUBLIC BILLS AND RESOLUTIONS ment Area [Docket No.: 161020985-7181-02] mitting the Administration’s final rule — (RIN: 0648-XF296) received June 20, 2018, pur- Fisheries of the Caribbean, Gulf of Mexico, Under clause 2 of rule XIII, reports of suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- and South Atlantic; Snapper-Grouper Fish- committees were delivered to the Clerk 121, Sec. 251; (110 Stat. 868); to the Committee ery of the South Atlantic Region; Amend- for printing and reference to the proper on Natural Resources. ment 37; Correction [Docket No.: 160906822- calendar, as follows: 5306. A letter from the Acting Director, Of- 7547-02] (RIN: 0648-BG33) received June 20, Mr. HENSARLING: Committee on Finan- fice of Sustainable Fisheries, NMFS, Na- 2018, pursuant to 5 U.S.C. 801(a)(1)(A); Public cial Services. H.R. 5783. A bill to provide a tional Oceanic and Atmospheric Administra- Law 104-121, Sec. 251; (110 Stat. 868); to the safe harbor for financial institutions that tion, transmitting the Administration’s tem- Committee on Natural Resources. maintain a customer account at the request porary rule — Fisheries of the Exclusive Eco- 5313. A letter from the Acting Deputy As- of a Federal or State law enforcement agen- nomic Zone Off Alaska; Exchange of Flatfish sistant Administrator for Regulatory Pro- cy; with an amendment (Rept. 115–780). Re- in the Bering Sea and Aleutian Islands Man- grams, NMFS, Greater Atlantic Regional ferred to the Committee of the Whole House agement Area [Docket No.: 161020985-7181-02] Fisheries Office, National Oceanic and At- on the state of the Union. (RIN: 0648-XF733) received June 20, 2018, pur- mospheric Administration, transmitting the Mr. HENSARLING: Committee on Finan- suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Administration’s final rule — Fisheries of cial Services. H.R. 6069. A bill to require the 121, Sec. 251; (110 Stat. 868); to the Committee the Northeastern United States; Atlantic Comptroller General of the United States to on Natural Resources. Deep-Sea Red Crab Fishery; 2017-2019 Atlan- carry out a study on how virtual currencies 5307. A letter from the Acting Director, Of- tic Deep-Sea Red Crab Specifications [Dock- and online marketplaces are used to buy, fice of Sustainable Fisheries, NMFS, Na- et No.: 160920861-7168-02] (RIN: 0648-XE900) re- sell, or facilitate the financing of goods or tional Oceanic and Atmospheric Administra- ceived June 20, 2018, pursuant to 5 U.S.C. services associated with sex trafficking or tion, transmitting the Administration’s tem- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 drug trafficking, and for other purposes; porary rule — Fisheries of the Northeastern Stat. 868); to the Committee on Natural Re- with an amendment (Rept. 115–781, Pt. 1). Re- United States; Northeast Multispecies Fish- sources. ferred to the Committee of the Whole House ery; Trimester 2 Georges Bank Cod Total Al- 5314. A letter from the Acting Deputy As- on the state of the Union. lowable Catch Area Closure; Updated 2017 sistant Administrator for Regulatory Pro- Mr. BISHOP of Utah: Committee on Nat- Georges Bank Cod Annual Catch Limit for grams, NMFS, Office of Sustainable Fish- ural Resources. H.R. 5761. A bill to redesig- the Common Pool; Possession Prohibition eries/Alaska Region, National Oceanic and nate Golden Spike National Historic Site for the Common Pool Fishery [Docket No.: Atmospheric Administration, transmitting and to establish the Transcontinental Rail- 151211999-6343-02] (RIN: 0648-XF747) received the Administration’s final rule — Fisheries road Network; with an amendment (Rept. June 20, 2018, pursuant to 5 U.S.C. of the Exclusive Economic Zone Off Alaska; 115–782). Referred to the Committee of the 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Bering Sea and Aleutian Islands; 2017 and Whole House on the state of the Union. Stat. 868); to the Committee on Natural Re- 2018 Harvest Specifications for Groundfish Ms. CHENEY: Committee on Rules. House sources. [Docket No.: 161020985-7181-02] (RIN: 0648- Resolution 961. Resolution providing for con- 5308. A letter from the Acting Director, Of- XE989) received June 20, 2018, pursuant to 5 sideration of the bill (H.R. 6157) making ap- fice of Sustainable Fisheries, NMFS, Na- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. propriations for the Department of Defense tional Oceanic and Atmospheric Administra- 251; (110 Stat. 868); to the Committee on Nat- for the fiscal year ending September 30, 2019, tion, transmitting the Administration’s tem- ural Resources. and for other purposes, and providing for porary rule — Fisheries of the Exclusive Eco- 5315. A letter from the Acting Director, Of- consideration of the bill (H.R. 2083) to amend nomic Zone Off Alaska; Reallocation of Pa- fice of Sustainable Fisheries, NMFS, Na- the Marine Mammal Protection Act of 1972 cific Cod in the Bering Sea and Aleutian Is- tional Oceanic and Atmospheric Administra- to reduce predation on endangered Columbia lands Management Area [Docket No.: tion, transmitting the Administration’s tem- River salmon and other nonlisted species, 161020985-7181-02] (RIN: 0648-XF732) received porary rule — Fisheries of the Northeastern and for other purposes (Rept. 115–783). Re- June 20, 2018, pursuant to 5 U.S.C. United States; Summer Flounder Fishery; ferred to the House Calendar. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Quota Transfer [Docket No.: 161017970-6999-02] DISCHARGE OF COMMITTEE Stat. 868); to the Committee on Natural Re- (RIN: 0648-XF722) received June 20, 2018, pur- Pursuant to clause 2 of rule XIII, the sources. suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Committee on Energy and Commerce 5309. A letter from the Acting Director, Of- 121, Sec. 251; (110 Stat. 868); to the Committee discharged from further consideration. fice of Sustainable Fisheries, NMFS, Na- on Natural Resources. H.R. 6069 referred to the Committee of tional Oceanic and Atmospheric Administra- 5316. A letter from the Principal Deputy the Whole House on the state of the tion, transmitting the Administration’s tem- Assistant Attorney General, Office of Legis- porary rule — Fisheries of the Caribbean, lative Affairs, Department of Justice, trans- Union. Gulf of Mexico, and South Atlantic; 2017 mitting the Rafael Ramos and Wenjian Liu f Commercial Accountability Measures and National Blue Alert Act Report to Congress PUBLIC BILLS AND RESOLUTIONS Closure for South Atlantic Greater for May 2018, pursuant to 34 U.S.C. 50503(f); Amberjack [Docket No.: 100812345-2142-03] Public Law 114-12, Sec. 4(f); (129 Stat. 196); to Under clause 2 of rule XII, public (RIN: 0648-XF729) received June 20, 2018, pur- the Committee on the Judiciary. bills and resolutions of the following

VerDate Sep 11 2014 04:30 Jun 26, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\L25JN7.000 H25JNPT1 lotter on DSKBCFDHB2PROD with HOUSE H5648 CONGRESSIONAL RECORD — HOUSE June 25, 2018 titles were introduced and severally re- Mrs. WAGNER, Mr. RATCLIFFE, Mr. Article I Section 8 ferred, as follows: ROTHFUS, and Mr. ROUZER): By Mr. SMITH of New Jersey: H.R. 6213. A bill to amend the Revised H.R. 6207. By Mr. GARAMENDI (for himself and Statutes of the United States to prevent the Congress has the power to enact this legis- Mr. HUNTER): use of the legal system in a manner that ex- lation pursuant to the following: H.R. 6206. A bill to direct the Commandant torts money from State and local govern- This resolution is enacted pursuant to the of the Coast Guard to establish a Blue Tech- ments, and the Federal Government, and in- power granted in Congress under Article I, nology center of expertise, and for other pur- hibits such governments’ constitutional ac- Section 1. poses; to the Committee on Transportation tions under the first, tenth, and fourteenth By Ms. VELA´ ZQUEZ: and Infrastructure. amendments; to the Committee on the Judi- H.R. 6208. By Mr. SMITH of New Jersey (for him- ciary. Congress has the power to enact this legis- self, Ms. BASS, Mr. ROYCE of Cali- By Ms. NORTON: lation pursuant to the following: fornia, and Mr. ENGEL): H.R. 6214. A bill to require the Secretary of Article I, Section 8, Clause 1 H.R. 6207. A bill to support democracy and the Treasury to mint commemorative coins ‘‘The Congress shall have Power to . . . accountability in the Democratic Republic in recognition of Paul Laurence Dunbar; to provide for the . . . general Welfare of the of the Congo, and for other purposes; to the the Committee on Financial Services. United States; . . .’’ Committee on Foreign Affairs. ´ ´ ´ By Ms. NORTON: By Miss GONZALEZ-COLON of Puerto By Ms. VELAZQUEZ: H.R. 6215. A bill to revise the composition Rico: H.R. 6208. A bill to amend the Food and Nu- of the Zoning Commission for the District of H.R. 6209. trition Act of 2008 to authorize additional Columbia so that the Commission will con- Congress has the power to enact this legis- funds to expand the nutritional assistance sist solely of members appointed by the gov- lation pursuant to the following: program in the Commonwealth of Puerto ernment of the District of Columbia; to the Article I, Section 8, Clause 3 and 18 of the Rico; and to require the Secretary of Agri- Committee on Oversight and Government U.S. Constitution, which provide as follows: culture to permit such assistance to be pro- Reform. The Congress shall have Power [ . . .] vided by the Commonwealth of Puerto Rico By Mr. TIPTON: To regulate Commerce with foreign Na- in the form of cash during periods for which H.R. 6216. A bill to designate the facility of tions, and among the several States, and the Secretary determines that access to such the United States Postal Service located at with the Indian Tribes; [ . . . ]—And assistance is limited or unavailable as a re- 3025 Woodgate Road in Montrose, Colorado, To make all laws which shall be necessary sult of a natural disaster; to the Committee as the ‘‘Sergeant David Kinterknecht Post and proper for carrying into Execution the on Agriculture. Office’’; to the Committee on Oversight and foregoing Powers, and all other Powers vest- ´ ´ By Miss GONZALEZ-COLON of Puerto Government Reform. ed by this Constitution in the Government of Rico: By Mr. TIPTON: the United States, or in any Department or H.R. 6209. A bill to amend the Fair Housing H.R. 6217. A bill to designate the facility of Officer thereof. Act to provide that it is unlawful for any the United States Postal Service located at By Miss GONZA´ LEZ-COLO´ N of Puerto person engaging in a residential real estate- 241 N 4th Street in Grand Junction, Colo- Rico: related transaction to discriminate against rado, as the ‘‘Deputy Sheriff Derek Geer H.R. 6210. any person in making available such a trans- Post Office Building’’; to the Committee on Congress has the power to enact this legis- action, or in the terms or conditions of such Oversight and Government Reform. lation pursuant to the following: a transaction, because all or part of the per- By Mrs. WATSON COLEMAN (for her- Article I, Section 8, Clause 3 and 18 of the son’s income derives from a source located in self, Ms. CLARKE of New York, Mr. U.S. Constitution, which provide as follows: Puerto Rico or any other territory of the GRIJALVA, Ms. NORTON, and Mr. The Congress shall have Power [ . . . ] United States, and for other purpose; to the POCAN): To regulate Commerce with foreign Na- Committee on the Judiciary. H. Res. 960. A resolution expressing the tions, and among the several States, and By Miss GONZA´ LEZ-COLO´ N of Puerto sense of the House of Representatives in sup- with the Indian Tribes; [ . . . ]—And Rico: port of HIV pre-exposure prophylaxis re- To make all laws which shall be necessary H.R. 6210. A bill to amend title 5, United search, education, and usage, and addressing and proper for carrying into Execution the States Code, to provide authority to the Ad- the barriers to receiving this treatment, es- foregoing Powers, and all other Powers vest- ministrator of the Drug Enforcement Admin- pecially for communities of color, gay and ed by this Constitution in the Government of istration to provide a cash award to Admin- bisexual men, and transgender people; to the the United States, or in any Department or istration employees with foreign language Committee on Energy and Commerce. Officer thereof. skills, and for other purposes; to the Com- By Mr. BIGGS (for himself, Mr. By Miss GONZA´ LEZ-COLO´ N of Puerto mittee on Oversight and Government Re- DESANTIS, Mr. NORMAN, Mr. GAETZ, Rico: form. and Mr. JODY B. HICE of Georgia): H.R. 6211. By Miss GONZA´ LEZ-COLO´ N of Puerto H. Res. 962. A resolution condemning and Congress has the power to enact this legis- Rico: censuring Maxine Waters, Representative of lation pursuant to the following: H.R. 6211. A bill to improve the collection California’s 43d Congressional District; to Article I, Section 2 and Section 8, and the and publication of statistics relating to the the Committee on Ethics. 14111 Amendment, Section 2 and Section 5 of Commonwealth of Puerto Rico, and for other f the U.S. ConstitUtion, which provide as fol- purposes; to the Committee on Natural Re- lows: sources, and in addition to the Committees PRIVATE BILLS AND The actual Enumeration shall be made on Energy and Commerce, Oversight and RESOLUTIONS within three Years after the first Meeting of Government Reform, Education and the Under clause 3 of rule XII, the Congress of the United States, and with- Workforce, Agriculture, the Judiciary, and in every subsequent Term often Years, in Financial Services, for a period to be subse- Mr. SMITH of New Jersey introduced a such Manner as they shall by Law direct. quently determined by the Speaker, in each bill (H.R. 6218) for the relief of Judge To make all laws which shalt be necessary case for consideration of such provisions as Neringa Venckiene, who the Govern- and proper for carrying into Execution the fall within the jurisdiction of the committee ment of Lithuania seeks on charges foregoing Powers, and all other Powers vest- concerned. related to her pursuit of justice ed by this Constitution in the Government of By Mr. HIGGINS of Louisiana: against Lithuanian public officials the United States, or in any Department or H.R. 6212. A bill to amend the Federal accused of sexually molesting her Officer thereof. Food, Drug, and Cosmetic Act to ensure the young niece; which was referred to Representatives shall be apportioned safety of imported seafood; to the Com- the Committee on the Judiciary. among the several States according to their mittee on Energy and Commerce. f respective numbers, counting the whole By Mr. JOHNSON of Louisiana (for number of persons in each State .... CONSTITUTIONAL AUTHORITY himself, Mr. ROKITA, Mrs. LESKO, Mr. The Congress shall have power to enforce, AUSTIN SCOTT of Georgia, Mr. LAM- STATEMENT by appropriate legislation, the provisions of BORN, Mr. BROOKS of Alabama, Mr. Pursuant to clause 7 of rule XII of this article. CHABOT, Mr. PALAZZO, Mr. NORMAN, the Rules of the House of Representa- Further, the Congress has the power to Mrs. HARTZLER, Mr. HUIZENGA, Mr. tives, the following statements are sub- enact this legislation pursuant to Article IV, KING of Iowa, Mr. WEBER of Texas, mitted regarding the specific powers Section 3, which provides, in relevant part, Mr. HARRIS, Mr. RUTHERFORD, Mr. as follows: MITCHELL, Mr. LAMALFA, Mr. BABIN, granted to Congress in the Constitu- The Congress shall have Power to dispose Mr. ABRAHAM, Mr. DUNN, Mr. ALLEN, tion to enact the accompanying bill or of and make all needful Rules and Regula- Mr. YOHO, Mr. JODY B. HICE of Geor- joint resolution. tions respecting the Territory or other Prop- gia, Mr. SMITH of Nebraska, Mr. By Mr. GARAMENDI: erty belonging to the United States; and ESTES of Kansas, Mr. GIBBS, Mr. H.R. 6206. nothing in this Constitution shall be so con- JONES, Mr. GOHMERT, Mr. BARTON, Congress has the power to enact this legis- strued as to Prejudice any Claims of the Mr. LABRADOR, Mr. BANKS of Indiana, lation pursuant to the following: United States, or of any patticular State.

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By Mr. HIGGINS of Louisiana: H.R. 852: Mr. LOWENTHAL. H.R. 5634: Ms. PINGREE. H.R. 6212. H.R. 936: Mr. CUELLAR and Mr. YOUNG of H.R. 5697: Ms. LOFGREN. Congress has the power to enact this legis- Alaska. H.R. 5724: Mr. MAST. lation pursuant to the following: H.R. 959: Mr. BRADY of Pennsylvania. H.R. 5747: Mr. ROUZER. Article I, Section 8, Clause 3 H.R. 1038: Mr. RUSSELL. H.R. 5768: Mr. BEN RAY LUJA´ N of New Mex- By Mr. JOHNSON of Louisiana: H.R. 1204: Mrs. WALORSKI. ico. H.R. 6213. H.R. 1300: Mrs. CAROLYN B. MALONEY of H.R. 5814: Mr. MCNERNEY. Congress has the power to enact this legis- New York and Mr. TED LIEU of California. H.R. 5876: Mr. FLORES, Mr. POSEY, and Mr. lation pursuant to the following: H.R. 1478: Mr. KILDEE. FERGUSON. Article I, Section 8, Clause 9 (‘‘The Con- H.R. 1511: Ms. SINEMA. H.R. 5881: Mr. KELLY of Pennsylvania. gress shall have Power . . . To constitute H.R. 1606: Mr. PAULSEN. H.R. 5888: Mr. CARSON of Indiana. Tribunals inferior to the supreme Court.’’) H.R. 1676: Mr. CLEAVER. H.R. 5976: Mr. LOWENTHAL. and Article I, Section 8, Clause 18 (‘‘The Con- H.R. 1681: Mr. HIMES. H.R. 5977: Mr. SCHNEIDER and Ms. MICHELLE gress shall have Power . . . To make all H.R. 1734: Ms. EDDIE BERNICE JOHNSON of LUJAN GRISHAM of New Mexico. Laws which shall be necessary and proper for Texas, Mr. SOTO, Mrs. BROOKS of Indiana, H.R. 5988: Mr. POLIQUIN, Mr. ROGERS of Ala- carrying into Execution the foregoing Pow- and Mr. GARRETT. bama, and Mr. HOLDING. ers, and all other Powers vested by this Con- H.R. 1788: Mr. COOK. H.R. 5996: Mr. NORCROSS. stitution in the Government of the United H.R. 1876: Mr. BRADY of Pennsylvania and H.R. 6014: Ms. CLARK of Massachusetts, Mr. States, or in any Department or Officer Mr. TIPTON. MCGOVERN, and Mr. WELCH. thereof.’’). H.R. 1904: Mr. BLUMENAUER. H.R. 6016: Mr. TONKO, Mr. LIPINSKI, and Mr. By Ms. NORTON: H.R. 2043: Ms. SHEA-PORTER. CAPUANO. H.R. 6214. H.R. 2215: Ms. VELA´ ZQUEZ. H.R. 6022: Mr. HARRIS and Mr. BISHOP of Congress has the power to enact this legis- H.R. 2282: Mr. LAMB. Georgia. lation pursuant to the following: H.R. 2309: Mr. BLUMENAUER. H.R. 6031: Mr. YOUNG of Iowa, Mr. PAULSEN, Clause 3 of section 8 of article I of the Con- H.R. 2432: Mr. HOLDING. Mr. CARTER of Georgia, Mr. COLE, and Mr. stitution. H.R. 2472: Mr. LYNCH. KNIGHT. By Ms. NORTON: H.R. 2477: Mr. QUIGLEY. H.R. 6048: Ms. JACKSON LEE. H.R. 6215. H.R. 2515: Mr. PETERS and Mr. BIGGS. H.R. 6075: Mrs. WATSON COLEMAN and Ms. Congress has the power to enact this legis- H.R. 2589: Ms. NORTON and Mr. KELLY of Illinois. lation pursuant to the following: FITZPATRICK. H.R. 6081: Mr. MCKINLEY and Mr. TURNER. Clause 17 of section 8 of article I of the H.R. 2598: Mrs. DINGELL, Mrs. LAWRENCE, H.R. 6108: Mr. SIRES. Constitution. Mr. SERRANO, Mr. MEEKS, Mr. BUTTERFIELD, H.R. 6134: Mr. BRAT. By Mr. TIPTON: and Ms. SHEA-PORTER. H.R. 6172: Mr. LANCE. H.R. 6216. H.R. 2651: Mr. SOTO. H.R. 6173: Mr. CALVERT and Mr. VALADAO. Congress has the power to enact this legis- H.R. 2701: Mr. POLIQUIN and Mr. PASCRELL. H.R. 6174: Ms. SEWELL of Alabama, Mr. KIL- lation pursuant to the following: H.R. 2913: Mr. BRADY of Pennsylvania. MER, and Ms. BLUNT ROCHESTER. Article 1, Section 8, Clause 7, ‘‘The Con- H.R. 2946: Mr. STIVERS. H.R. 6178: Mr. PETERSON. E AURO gress shall have Power to . . . establish Post H.R. 2976: Ms. D L . H.R. 6180: Ms. NORTON, Ms. ROYBAL- H.R. 3138: Mr. HASTINGS. Offices and Post Roads . . .’’ In the Constitu- ALLARD, Mr. CARSON of Indiana, Mr. BEYER, H.R. 3197: Mr. CARSON of Indiana. tion, the power possessed by Congress em- and Mr. ELLISON. H.R. 3325: Mr. RASKIN, Mr. POCAN, Mr. RUP- braces the regulation of the Postal System H.R. 6183: Mr. UPTON, Mr. GROTHMAN, Mr. PERSBERGER, Miss RICE of New York, Mr. in the country. Therefore, the proposed legis- WEBSTER of Florida, Mrs. MIMI WALTERS of ROSS, Mr. BACON, Ms. GRANGER, and Mr. lation in naming a post office would fall California, Mr. POLIQUIN, Mr. YODER, Mr. SIMPSON. under the powers granted to Congress in the TIPTON, Ms. STEFANIK, Ms. SINEMA, and Ms. H.R. 3400: Mrs. BROOKS of Indiana. Constitution. CLARKE of New York. H.R. 3891: Mr. CARTER of Georgia, Ms. By Mr. TIPTON: H.R. 6184: Ms. WASSERMAN SCHULTZ, Mrs. CLARKE of New York, and Mr. SCHRADER. H.R. 6217. CAROLYN B. MALONEY of New York, and Mr. H.R. 4143: Mr. DESJARLAIS, Mr. MCKINLEY, Congress has the power to enact this legis- PASCRELL. Mrs. BLACKBURN, and Mr. CASTRO of Texas. lation pursuant to the following: H.R. 6190: Mr. POSEY, Mr. BLUM, Mr. YOHO, H.R. 4444: Mr. MCEACHIN and Mr. BISHOP of Article 1, Section 8, Clause 7, ‘‘The Con- Mr. GOHMERT, Mr. BURGESS, and Mr. KING of Georgia. gress shall have Power to . . . establish Post New York. H.R. 4472: Mr. SOTO. Offices and Post Roads . . .’’ In the Constitu- H.R. 6193: Mr. MOULTON, Mr. KENNEDY, Ms. H.R. 4548: Mr. RUIZ. tion, the power possessed by Congress em- BASS, Mr. ELLISON, Ms. JACKSON LEE, Mr. H.R. 4573: Ms. NORTON. braces the regulation of the Postal System POCAN, Mr. LYNCH, Ms. BROWNLEY of Cali- H.R. 4886: Mr. LONG, Mr. HUDSON, Mr. in this country. Therefore, the proposed leg- fornia, and Ms. WILSON of Florida. LOUDERMILK, and Mrs. BLACKBURN. islation in naming a post office would fall H.R. 6195: Mr. GIBBS, Mr. CARTER of Geor- H.R. 4923: Mr. COOK. under the powers granted to Congress in the gia, Mr. BURGESS, Mr. MEADOWS, and Mr. H.R. 5034: Mr. LAWSON of Florida, Mr. Constitution. DUNCAN of South Carolina. GUTIE´ RREZ, and Mr. NADLER. By Mr. SMITH of New Jersey: H. Con. Res. 119: Mr. GUTHRIE, Mr. BANKS H.R. 5129: Mr. CARSON of Indiana, Mr. H.R. 6218. of Indiana, and Mr. MCCLINTOCK. SWALWELL of California, Mr. CLAY, Mr. Congress has the power to enact this legis- H. Res. 926: Mr. HIMES. MOULTON, Mr. DEFAZIO, Mr. PALLONE, Ms. lation pursuant to the following: H. Res. 936: Mr. YOUNG of Iowa. Article I, section 8, clause 4 of the Con- CLARKE of New York, Mrs. BUSTOS, Mr. VIS- H. Res. 941: Mr. CONNOLLY. stitution provides that Congress shall have CLOSKY, Ms. ROS-LEHTINEN, Ms. CLARK of H. Res. 950: Mr. COURTNEY. power ‘‘To establish an uniform Rule of Nat- Massachusetts, and Mr. MESSER. uralization, and uniform Laws on the subject H.R. 5132: Mr. EVANS, Mr. REED, Mr. of Bankruptcies throughout the United GOMEZ, and Mr. JENKINS of West Virginia. f States;’’ H.R. 5145: Mr. TONKO and Mr. NADLER. H.R. 5161: Mr. DAVID SCOTT of Georgia and f CONGRESSIONAL EARMARKS, LIM- Mr. LEWIS of Georgia. ITED TAX BENEFITS, OR LIM- ADDITIONAL SPONSORS H.R. 5248: Mr. TONKO. ITED TARIFF BENEFITS H.R. 5291: Mr. NORCROSS. Under clause 7 of rule XII, sponsors H.R. 5389: Mr. NOLAN. Under clause 9 of rule XXI, lists or were added to public bills and resolu- H.R. 5476: Mr. SIRES. statements on congressional earmarks, tions, as follows: H.R. 5545: Mr. BEN RAY LUJA´ N of New Mex- limited tax benefits, or limited tariff H.R. 99: Ms. BONAMICI and Mr. BLU- ico, Mr. CAPUANO, Mr. CICILLINE, Ms. benefits were submitted as follows: MENAUER. SA´ NCHEZ, Ms. PELOSI, Mr. JEFFRIES, Mrs. H.R. 154: Mr. LOBIONDO and Mr. KILMER. BUSTOS, Mr. NEAL, Mrs. NAPOLITANO, Mr. OFFERED BY MR. YOUNG OF ALASKA H.R. 184: Mr. ARRINGTON. KILDEE, Mr. DEFAZIO, and Mr. ENGEL. The amendment filed to H.R. 200 by me H.R. 233: Mr. LYNCH. H.R. 5588: Miss RICE of New York, Mr. does not contain any congressional ear- H.R. 371: Mr. CRIST. PETERS, Mr. BROWN of Maryland, Mr. CUM- marks, limited tax benefits, or limited tariff H.R. 502: Mr. GIANFORTE. MINGS, and Mr. O’ROURKE. benefits as defined in clause 9 of House Rule H.R. 632: Mr. STIVERS. H.R. 5595: Mr. ROSS. XXI.

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