Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 113 CONGRESS, FIRST SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, THURSDAY, OCTOBER 31, 2013 No. 154 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, November 12, 2013, at 2 p.m. Senate THURSDAY, OCTOBER 31, 2013

The Senate met at 10 a.m. and was The legislative clerk read the fol- since it marks the admission of the called to order by the Honorable BRIAN lowing letter: great State of Nevada to the Union. SCHATZ, a Senator from the State of U.S. SENATE, There are always parades and celebra- Hawaii. PRESIDENT PRO TEMPORE, tions at home, many of which I have Washington, DC, October 31, 2013. sadly missed in recent years because of PRAYER To the Senate: my responsibilities here. Under the provisions of rule I, paragraph 3, But October 31 is special for another The Chaplain, Dr. Barry C. Black, of- of the Standing Rules of the Senate, I hereby fered the following prayer: reason, and not just that it is Hal- appoint the Honorable BRIAN SCHATZ, a Sen- loween. It is my brother’s birthday— Let us pray. ator from the State of Hawaii, to perform Eternal Lord, thank You for the total the duties of the Chair. my youngest brother, 22 months young- access You have given us to approach PATRICK J. LEAHY, er than I. My brother Larry, who lives Your throne in prayer. President pro tempore. in Searchlight, celebrates another Today, equip our Senators to do Your Mr. SCHATZ thereupon assumed the birthday today. It is my pleasure to will, helping them to grasp the wonder Chair as Acting President pro tempore. wish both my brother and the Silver of Your purposes. Lord, give them the State of Nevada a very happy birthday. f Nevada Day is particularly special as ability, power, and resources to com- it marks the beginning of a year-long plete Your mission on Earth, thereby RECOGNITION OF THE MAJORITY celebration of our 150th anniversary of achieving the destiny You have for LEADER the Battle Born State’s entrance into their lives. Help them to seek not what The ACTING PRESIDENT pro tem- the Union. they can get from You but what Your pore. The majority leader is recog- For thousands of years Nevada was power can enable them to do for You. nized. the home to Nevada American peoples. Fill their hearts with Your unalter- f I have in my office across the hall a able, unconditional, and unending love. wonderful painting by a Nevadan which SCHEDULE We pray in Your sovereign name. shows the first non-Indian to see the Amen. Mr. REID. Mr. President, following Las Vegas Valley. You can see there f my remarks and those of Senator the Sunrise Mountain and glimpses of MCCONNELL, the Senate will proceed to the oases that were there. There were a PLEDGE OF ALLEGIANCE executive session to consider the nomi- number of them in that valley. He was The Presiding Officer led the Pledge nation of Congressman WATT to be Di- the first non-Indian to see the valley a of Allegiance, as follows: rector of the Federal Housing Finance long time ago. He is in the picture I pledge allegiance to the Flag of the Agency. The time until noon will be mounted on his beautiful horse with all United States of America, and to the Repub- equally divided between the two lead- his fancy regalia. But the fact is the lic for which it stands, one nation under God, ers or their designees. At noon, Sen- picture doesn’t begin to show what indivisible, with liberty and justice for all. ator-elect BOOKER will become a U.S. Rafael Rivera looked on that day, be- f Senator. Following the swearing in, cause he had been lost. He was with the there will be a cloture vote on the Watt Spanish Expedition and he was lost. He APPOINTMENT OF ACTING nomination. was there by accident. It is a wonderful PRESIDENT PRO TEMPORE f picture, and we honor Rafael Rivera in The PRESIDING OFFICER. The Nevada. So it is a special day for us in clerk will please read a communication HAPPY BIRTHDAY WISHES Nevada. to the Senate from the President pro Mr. REID. Mr. President, October 31 On October 31, 1864, right in the mid- tempore (Mr. LEAHY). has always been a special day for me, dle of the Civil War, Nevada became

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

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VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7690 CONGRESSIONAL RECORD — SENATE October 31, 2013 the 36th State of the Union. Nevada is So today and throughout this special vation, and we are sorry to see him only one of two States to join the year we should celebrate everything leave us. But before he does, I want to Union during the war. The first was that makes Nevada extraordinary and say how grateful we are for his out- West Virginia, which seceded from Vir- successful. standing work over the years. ginia to form a new State and remain Happy Nevada Day, Nevadans. Carl learned the art of bookbinding in an apprentice program at the Gov- part of the Union. It gained its state- f hood before Nevada, on June 30, 1863. ernment Printing Office many years Union sympathizers had rushed to fi- CONGRATULATING CARL FRITTER ago. He says he never saw himself as a nalize Nevada’s statehood in order to Mr. REID. Mr. President, I wish to bookbinder, but after working outside ensure Lincoln’s reelection—because, take a minute to congratulate a man one January during the construction of remember, this is right before his re- who has been part of the Senate for a the Kennedy Center, he started think- election. In fact, they were so eager to long time. With more than four decades ing about getting a job indoors, and his mint a State they telegraphed the new of service to the Federal Government supervisors over at the GPO gave him Nevada constitution to Congress. At and some 32 years here in the Senate, a the opportunity. Carl would learn his that time, it was the longest telegram man by the name of Carl Fritter will trade from bookbinders from all over ever sent—coming in at 16,543 words retire today. He began his career at the the world, each of whom taught him and costing $59,294.92. Eight days later, Government Printing Office and gave different techniques, which he put to good use in the Senate Library for President Lincoln was reelected Presi- 44 years of service to the Federal Gov- many years. dent of the United States. ernment. He is respected by his col- In 1990, the Office of Conservation Nevada is only one of two States to leagues in the Secretary’s Office and significantly expand its borders after and Preservation was created. Carl was admired throughout the Senate com- named Director 4 years later. its admission to the Union. Eastern munity for his craftsmanship. Carl and southern Nevada joined the State In addition to binding and repairing learned the art of bookbinding as an books, Carl taught himself a lot of in the late 1860s after gold was discov- apprentice in the Government Printing ered in the regions. Many Nevadans be- other crafts. I am told he makes some Office. He received special training in pretty amazing decorative boxes, lieve the State was only allowed to join bookbinding from experts across the the Union so its mineral riches could bowls, gavels, and books. One of Carl’s globe. most memorable projects was a fall- help fund the northern war effort, but In 1977, Carl was detailed to the Sen- in truth that is a myth. It is not true. down box that he built as a gift for ate Library, where he eventually be- Margaret Thatcher. It was a box that The tale probably stems from the fact came Director of the Office of Con- that the Nevada Territory was created opened to reveal a plate in the middle, servation and Preservation. My son, with two congressional resolutions on in 1861 so its gold and silver could be during one of the summers, worked in used to help the Union rather than the either side. I am sure Prime Minister that office, and that was a great expe- Thatcher loved it. Confederacy. So the State’s slogan, rience. There he got to know Carl. Carl, thank you for lending us your Battle Born—a reference to the war— In addition to binding and repairing talents for so long and for giving so and an erroneous episode of ‘‘Bo- books, he has built many beautiful much of your life to this institution. nanza,’’ which depicted a constitu- boxes and other things. He is a modern- We wish you and Bunny all the best in tional convention in Carson City I day artisan. It is amazing the things he your retirement. I am sure you will guess helped cement the legend. has built and can build. He has built, enjoy passing down your skills to your The 150th anniversary of our admis- for example, boxes to contain gavels, grandkids. They will have a great sion to the Union is a wonderful time books, and other works of art. Later teacher. But the entire Senate commu- to study and reflect in this shared his- today when we swear in the new junior nity will miss your craftsmanship and tory we have as States and as a nation. Senator from New Jersey, the oath your commitment to excellence, and It is also time to build a foundation for book Vice President BIDEN will use to we will miss your friendship. another 150 years of innovation and ac- swear in Senator-elect BOOKER was Carl, thank you very much. complishment for our State. made by Carl Fritter. Nevada—from the mountains and f I wish him the very best in his retire- high deserts of the east, to the geo- FAMILY FRIENDLY AND ment. He is going to go to Key West, thermal wells of the north, including WORKPLACE FLEXIBILITY ACT FL, where he wants to spend more time Lake Tahoe to the west, of course, to there with his wife Bunny and his chil- Mr. MCCONNELL. Mr. President, southern Nevada with the Las Vegas dren and grandchildren. I thank Carl given that October is National Work strip, from Indian Country to the min- for his decades of dedicated service to and Family Month, I wish to take the ing towns and ranching communities— this institution and the Federal Gov- opportunity to discuss an issue that is a unique State in today’s modern ernment, and congratulate him on a has become increasingly important to Union. career of success building and pre- working families, and that is the need I like to say that people don’t under- serving artifacts here in the U.S. Cap- for workplace flexibility. stand Nevada is more than the bright Yesterday my colleague Senator itol. lights of Las Vegas. From the glit- AYOTTE and I introduced the Family tering waters of Lake Tahoe, Nevada is f Friendly and Workplace Flexibility the most mountainous State in the RECOGNITION OF THE MINORITY Act of 2013, which we hope will provide Union, except for Alaska. We have LEADER America’s workers with the flexible more than 300 mountain ranges. Other work arrangements they need. Count- than Alaska, it is the most dangerous The ACTING PRESIDENT pro tem- less Americans have become increas- place to fly a private plane because of pore. The Republican leader is recog- ingly familiar over the past several the weather patterns which develop so nized. years with the same reality: more and quickly. I have been involved as I have f more to do, with less and less time to flown in some of the smaller airplanes do it. And while Congress can’t legis- around the State. TRIBUTE TO CARL FRITTER late another hour in the day, we can We have magnificent wildlife. We Mr. MCCONNELL. Mr. President, I help working Americans better balance have the famous bighorn sheep, we wish to say a few words of thanks this the demands of work and family. have mountain goats, the largest ante- morning to a member of the Senate The Family Friendly and Workplace lope range in the world. We have 1 family who is leaving us today. After 44 Flexibility Act is a commonsense mountain almost 14,000 feet high, and years of government service, including measure Congress can pass to help al- we have 32 mountains over 11,000 feet 32 here in the Senate, Carl Fritter has leviate that burden for millions of fam- high. It is a magnificent State, and I decided it is time to go. ilies by providing greater flexibility in am so fortunate to be able to represent Carl has been a real friend to my of- managing their time. We all know that State—the State where I was fice over the years, through his work in working moms who are stretched be- born. the Office of Conservation and Preser- tween a job and supporting their kids,

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7691 and baby boomers with elderly parents comptime, this program is voluntary for an aging parent. It is workers at all who require care and attention. A 2010 and may not affect collective bar- places of employment. study conducted by the White House gaining agreements that are in place. A report by the White House Council Council of Economic Advisers found Under this legislation, employers of Economic Advisers shows that near- that work flexibility programs can ‘‘re- would not be mandated to offer flexible ly one-third of all American workers duce turnover and improve recruit- workplace arrangements, just as em- consider work-life balance and flexi- ment, [increase] the productivity of an ployees are not mandated to choose bility to be the most important factor employer’s workforce, and are associ- their benefits, rather than direct com- in considering job offers. ated with improved employee health pensation for overtime work. Both par- Let me say that again. Nearly one- and decreased absenteeism.’’ ties are free to choose what works best third of all American workers consider Another study conducted by the So- for them. work-life balance and flexibility to be ciety for Human Resource Managers I would like to take a moment to the most important factor in consid- found that women’s responsibilities focus on some of the protections in the ering job offers. have increased at work and men’s re- bill. Under this bill, an employee may It also shows that 66 percent of sponsibilities have increased at home, accrue up to 160 hours of comptime per human resource managers cite family- resulting in 60 percent of wage and sal- year. At any point in the year, a par- supportive policies and flexible hours aried employees believing they do not ticipating employee may request to re- as the single most important factor in have enough time to spend with their vert back to receiving traditional over- attracting and retaining employees. loved ones. The American workplace time compensation in exchange for These numbers are pretty telling. has evolved dramatically since the in- their accrued comptime, essentially I am pleased that the Kentucky dustrial workplace of the post-Depres- cashing out their banked time. Fur- Chamber of Commerce has endorsed sion era. Yet the labor laws written ther, the bill also requires employers this legislation. I also thank my friend during this time period are still in to provide monetary payment at the Congresswoman MARTHA ROBY for her place today and the makeup of our end of the year for any unused leadership and dedication in advancing workforce has also changed dramati- comptime or flextime. this cause over in the House. She intro- cally. I have also included a provision that duced a bill to accomplish similar ends Today, 60 percent of working house- safeguards unpaid comptime and flex- as the Family Friendly and Workforce holds have two working parents. Sixty- time in the case of bankruptcy. Thus, Flexibility Act and actually saw her six percent of single moms and 79 per- the bill takes steps to protect against bill to passage. Now it is time for the cent of single dads work as well. Amer- any potential for lost wages in these Senate to act. ican workers have had to adapt to keep kinds of circumstances. The effort to provide greater flexi- pace with this changing environment. If anyone understands the benefits of bility and support for families in the So should our laws. Instead of sticking comptime, it is our public employees. workplace is one I have long supported. with an antiquated labor law, I believe That is because flexible work arrange- I have previously supported legislation we need to update the Fair Labor ments have been available to Federal allowing flexible workplace arrange- Standards Act to actually meet the employees since 1978. If the Federal law ments. This is the fifth time I have changing needs of workers. already provides these beneficial work- sponsored legislation to establish That is why I am introducing the place arrangements to Federal and comptime, and I am proud to continue Family Friendly and Workplace Flexi- State workers, why should we not that fight today. bility Act. make them available to all employees? I consider myself very fortunate to This bill will allow flexible work- Public employees enjoy these arrange- be joined by Senator AYOTTE in this ef- place arrangements such as compen- ments so much that the unions rep- fort. I suspect her predecessor, former satory time and flexible credit hour resenting them frequently fight for Senator Judd Gregg, would be proud to agreements, which are currently avail- comptime arrangements when negoti- see her leadership on this issue as well. able to employees working for the Fed- ating collective bargaining agree- Senator Gregg was a champion for eral Government—Federal employees ments. flexible work arrangements throughout already have this—to be extended to It is very important to note this leg- his entire Senate career, I was thank- businesses regulated by the Fair Labor islation does not do anything to alter ful to work with him on the issue in Standards Act. the 40-hour work week. Let me repeat the past, and I am gratified to work Currently, the FLSA prohibits em- that: This bill in no way alters a 40- with Senator AYOTTE on this issue ployers from offering compensatory hour work week or how overtime is cal- moving forward. time or comptime to their hourly em- culated. Yesterday Senator LEE introduced a ployees. This bill would amend the Another way in which the Family similar measure that seeks to provide FLSA to allow private employers to Friendly and Workplace Flexibility for comptime for American workers. offer comptime to employees at a rate Act protects employees is by prohib- Senator LEE is helping with the effort, of 11⁄2 hours for every hour of overtime iting employers from coercing employ- working with conservatives to find out- work. I should add that this would be a ees into accepting or rejecting of-the-box solutions to the challenges completely voluntary process. An em- comptime or flextime arrangements. Americans face today. I applaud Sen- ployee could still choose to receive When we look at today’s modern ator LEE for his commitment to this monetary payments as their overtime workplace, we see some companies effort and look forward to working compensation. This bill simply allows such as Dell, Bank of America, and GE with him in the future on this issue. the option for employees to choose paid that already provide flexible workplace In closing, I urge my colleagues on time off over work instead. There is no arrangements to their salaried employ- both sides of the aisle to support this need for Washington to stand in the ees who are not subject to the rules commonsense bill because it is the way of families earning the time that under FLSA. Perhaps it is no coinci- right thing to do for working families. they need. dence that workplaces such as these MILLETT NOMINATION This bill also institutes a flexible are also among the highest-ranked Finally, I will be voting against clo- credit-hour program under which the companies at which to work. ture on the Millett nomination, and I employer and employee can enter into Now is the time to allow private would like to discuss why. Ms. Millett agreements that allow the employee to companies to provide the benefits of is no doubt a fine person. This is noth- work excess hours, beyond the typical flexible arrangements like comptime ing personal. number of hours he or she is typically to their nonexempt workers as well. Peter Keisler, of course, is a fine per- required to work, in order to accrue After all, it is not just workers at some son too. But our Democratic colleagues hours to be taken off at a later time. places of employment who are parents pocket-filibustered his nomination to This option is for employees who do or family members who need to be able the DC Circuit for 2 years on the not get the opportunity to work over- to take time off to attend a function grounds that the court’s workload did time, but still want a way to build up for their child’s school, to see a son or not warrant his confirmation. They did hours to use as paid leave. Like daughter’s supporting event, or to care so despite his considerable skill as a

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7692 CONGRESSIONAL RECORD — SENATE October 31, 2013 lawyer and his personal qualities. His Let me say that again. According to EXECUTIVE SESSION nomination languished until the end of data compiled by the Federal courts, the Bush administration. He waited al- the DC Circuit has ruled against the most 1,000 days for a vote that never Obama administration in administra- NOMINATION OF MELVIN WATT TO came. tive matters less often than it ruled BE DIRECTOR OF THE FEDERAL The criteria our Democratic friends against the Bush administration. So it HOUSING FINANCE AGENCY cited to block Mr. Keisler’s nomination is not that the court has been more un- The ACTING PRESIDENT pro tem- then clearly show the court is even less favorable to President Obama than it pore. Under the previous order, the busy now. For example, the seat to was to President Bush. Rather, the ad- Senate will proceed to executive ses- which Ms. Millett is nominated is not a ministration and its allies seem to be sion to consider the following nomina- judicial emergency—far from it. The complaining that the court has not tions, which the clerk will report. number of appeals at the court is down been favorable enough. Evidently they The legislative clerk read the nomi- almost 20 percent, and the written de- do not want any meaningful check on nation of MELVIN L. WATT, of North cisions per active judge are down al- the President. You see, there is one in Carolina, to be Director of the Federal most 30 percent. the House of Representatives, but the Housing Finance Agency. In addition to these metrics, the DC administration can circumvent that The ACTING PRESIDENT pro tem- Circuit has provided another. The chief with aggressive agency rulemaking. pore. Under the previous order, the judge of the court, who was appointed That is if the DC Circuit allows it to do time until 12 noon will be equally di- to the bench by President Clinton, pro- so. vided and controlled between the two vided an analysis showing that oral ar- A court should not be a rubberstamp leaders or their designees. guments for each active judge are also for any administration, and our Demo- The assistant majority leader. down almost 10 percent since Mr. cratic colleagues told us again and LETTER OF RESIGNATION Keisler’s nomination was blocked. again during the Bush administration Mr. DURBIN. Mr. President, first, I These analyses show that not only is that the Senate confirmation process ask unanimous consent that an official the court less busy in absolute terms should not be a rubberstamp for any letter of resignation as mayor of New- now than it was then, it is less busy in administration. For example, they said ark, NJ, from Senator-elect CORY relative terms as well, when one takes President Bush’s nomination of Miguel BOOKER of New Jersey be printed in the into account the number of active Estrada to the DC Circuit was ‘‘an ef- RECORD. judges serving on the court. The fort to pack the Federal courts.’’ And There being no objection, the mate- court’s caseload is so low, in fact, that they filibustered his nomination— rial was ordered to be printed in the it has canceled oral argument days in seven times, in fact. RECORD, as follows: recent years because of lack of cases. NEWARK, NJ, After we confirmed the President’s last We have confirmed nearly all of President Obama’s judicial nominees. October 30, 2013. nominee to the DC Circuit just a few ROBERT P. MARASCO, months ago—and by the way we con- As I said, we confirmed a judge to the City Clerk, City of Newark, Broad Street, New- firmed him unanimously—one of the DC Circuit unanimously just a few ark, NJ. judges on the court said that if more months ago. This year we have con- DEAR MR. MARASCO: Serving as the mayor judges were confirmed there would not firmed 34 circuit and district court of Newark, New Jersey has been one of the judges. At this time in President greatest honors of my life. Since taking of- be enough work to go around. So if the fice more than seven years ago, I’ve had the court’s caseload clearly does not meet Bush’s second term the Senate had confirmed only 14. privilege to work closely with countless resi- their own standards for more judges, dents, municipal employees, elected offi- why are Senate Democrats pushing to Let me say that again. This year we cials, community leaders and others to move fill more seats on a court that doesn’t have confirmed 34 circuit and district Newark forward. It was not easy, but to- need them? What is behind this push to court judges. At this time in President gether, we have brought incredible positive fill seats on the court that is canceling Bush’s second term the Senate had change to our city and set the stage for this oral argument days for lack of cases, confirmed only 14 of those nominees. In momentum to continue in the coming years. On Thursday, October 31, 2013 at noon, I and according to the judges who serve fact, we confirmed President Obama’s nominees even during the Government will be sworn in as one of New Jersey’s on it will not have enough work to go United States Senators. Therefore, effective around if we do? shutdown. Thursday, October 31, 2013 at 12:00 a.m., I am We don’t have to guess. Our Demo- In writing to then-Judiciary Com- officially resigning as mayor of Newark. cratic colleagues and the administra- mittee Chairman Arlen Specter to op- While I am leaving one position, I am not tion’s supporters have been actually pose the nomination of Peter Keisler, leaving Newark. I am proud to be able to pretty candid about it. They have ad- Senate Democrats said: now represent Newark and our entire state mitted they want to control the court as a United States Senator. My level of dedi- Mr. Keisler should under no circumstances cation, passion and service will not falter as so it will advance the President’s agen- be considered—much less confirmed . . . be- I serve New Jersey. Our best days lie ahead, da. As one administration ally put it, fore we first address the very need for the and together, we will continue to achieve ‘‘The President’s best hope for advanc- judgeship . . . and deal with the genuine ju- great things. ing his agenda is through executive ac- dicial emergencies identified by the judicial The work goes on. tion, and that runs through the DC Cir- conference. Sincerely, cuit.’’ That course of action ought to be fol- CORY A. BOOKER, Let me repeat, the reason they want lowed here too. Senator GRASSLEY has Mayor. to put more judges on the DC Circuit is legislation that will allow the Presi- Mr. DURBIN. Mr. President, I lis- not because it needs them, but because dent to fill seats on courts that actu- tened carefully to the statement that ‘‘The President’s best hope for advanc- ally need judges. The Senate should was just made by the Republican leading his agenda is through executive ac- support that legislation, not trans- er. It is a shame what is about to occur tion, and that runs through the DC Cir- parent efforts to politicize a court that on the Senate floor if he has his way. cuit.’’ doesn’t need judges in an effort to cre- The President has submitted the name Another administration ally com- ate a rubberstamp for the administra- of a nominee to serve on the DC Circuit plained that the court ‘‘has made deci- tion’s agenda. Court. This is not just another court. sions that have frustrated the Presi- I yield the floor. Some view it as the second most im- dent’s agenda.’’ Really? The court is portant court in the land. Some of the evenly divided between Republican and f most technical and challenging legal Democratic appointees. According to cases come before this court. The data compiled by the Federal courts, judges who serve there are called on RESERVATION OF LEADER TIME the DC Circuit has ruled against the not just to do routine things but to do Obama administration in administra- The ACTING PRESIDENT pro tem- extraordinary things on a regular tive matters less often than it ruled pore. Under the previous order, the basis. That is why the appointments to against the Bush administration. leadership time is reserved. this court are so critically needed when

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7693 it comes to maintaining the integrity well as a professional advocate before program. Well, who are these people? of our Federal judiciary. appellate courts, has been rec- Who are these 48 million Americans What I heard from the Senate Repub- ommended on a bipartisan basis—the who receive benefits from this pro- lican leader was a statement that he highest recommendations—and now, gram? Almost 1 million of them are would vote against the nomination of after languishing on the calendar, is veterans. Veterans who are not sure Patricia Ann Millett, President going to be dismissed. She didn’t fit where their next meal is coming from Obama’s nominee for the vacancy on into the political game plan. That is get food stamps—SNAP benefits. Al- the court. awful. most half of the 48 million are children. There are 11 judges authorized for The men and women who step for- There are 22 million children and an- this court. Currently, only eight are ward and submit their applications to other 9 million who are elderly and dis- serving. There are three vacancies. Ms. become part of our Federal judiciary abled. When we talk about cuts in the Millett is being suggested for the ninth know they are going to be carefully SNAP program, we are talking about seat out of the 11 that are authorized. scrutinized and criticized for some these people—the veterans, children, I am not going to go back into the his- things in their past, but they do it any- the elderly, and the disabled. tory of our exchanges when it comes to way in the name of public service. Right now there are two proposals the appointment of judges. I can make What I hear from the Senator from before us. One proposal is from the as compelling a case, if not more com- Kentucky is that she doesn’t fit into Senate, and that cuts back spending on pelling, than that just made by the the political game plan on the other this program to the tune of $4 billion Senator from Kentucky. side of the aisle. I hope there are over 10 years. I supported it because I At the end of the day those who are enough Republican Senators who will think it closes the potential for abuse. witnessing this will say it is another he disagree with the Senator from Ken- I don’t want to waste a penny of Fed- said versus he said. What are these tucky. We should give Patricia Ann eral taxpayers’ money on any program politicians up to? Who is right? Who is Millett an opportunity to serve on the in any way, shape, or form. Senator wrong? What I would suggest is, don’t DC Circuit Court as quickly as pos- STABENOW, chairman of the Senate ag- take my word for it and don’t take the sible. riculture committee, made this change word of the Senator from Kentucky. I know there are others on the floor, in the food stamp program that will Take the word of the Chief Justice of and I want to make sure everyone has save us $4 billion and will not create the Supreme Court of the United time to say what is on their mind hardship. In fact, it closes what may be States. today because there are important a loophole. On April 5 the Judicial Conference of issues before us, but I do want to make Now comes the House of Representa- the United States, led by Chief Justice one brief comment about another issue. tives, and their view is much different. John Roberts, made its Federal judge- EXPIRATION OF STIMULUS FUNDS FOR SNAP They want to cut some $40 billion—10 ship recommendations for this Con- Mr. DURBIN. Mr. President, 2 days times as much—over the next 10 years. gress. The Judicial Conference is not ago Kate Maehr of the Greater Chicago When we take a look at the approach Republican or Democratic; it is non- Food Depository came to visit me in they are using for these cuts—10 times partisan. According to its letter, its my office. Kate is one of my favorite the amount cut by the Senate—we un- recommendations reflect the judgeship people. Kate runs this huge network of derstand how they get their so-called needs of the Federal judiciary. The Ju- food distribution in the Chicagoland savings. They take almost 4 million— dicial Conference, which judges the area. Her warehouses are huge, and 3.8 million—people out of the program: caseload and workload in the Federal they are filled with foodstuffs, much of children, single mothers, unemployed courts, did not reach the same conclu- which is donated by companies that veterans, and Americans who get tem- sion as the Senator from Kentucky. produce food so that it can be distrib- porary help from the food stamp pro- They didn’t tell us we need fewer uted in food pantries and other sources gram. The House would cut $19 billion judges on the DC Circuit Court—not at all around the Chicagoland area. Kate and 1.7 million people from SNAP by all. It is incumbent upon us to fill is one of the best, and I look forward to eliminating the authority of Governors those vacancies, and that is where we her visits each year because I know the of both political parties to ask for should be today. fine work she does to feed the hungry. waivers so that low-income childless Let me add one additional note. What Two days ago she came into my of- adults under 50 can still receive bene- is especially troubling about what they fice very sad. fits beyond the 3 months they do ordi- are going to do to this fine woman is She said: I don’t know what we are narily. This says that Governors look- the fact that she is so extraordinarily going to do. ing at their States with high unem- well qualified. She may hold a record I said: What is the matter? ployment understand that there are of having been an advocate and argued She said: This Friday the increase in people in need. before the U.S. Supreme Court some 32 food stamps, or SNAP benefits, for the It is hard for Members of Congress in times. She has received the endorse- poor people who live in the greater the House or the Senate—it is hard for ment of both Democratic and Repub- Chicagoland area is going to be cut. It me too—to really appreciate the life- lican Solicitors General. Those are the may be only $10 or $15, but I know style of someone living from paycheck lawyers who represent the United these people, I know many of them per- to paycheck, but that is a reality for States of America before that Court sonally, and they live so close to the millions of Americans. Many of the across the street, and her nomination edge. It will call for some sacrifice on people who are receiving food stamps is strongly supported by prominent their part, and many of them will be are working. That may come as a former Republican Solicitors General. hard-pressed to make that sacrifice, shock to people, but they are not mak- So the notion that the Senator from and I can’t make up the difference. ing enough money to feed their fami- Kentucky suggests—that this is some With all of the donations and all of the lies. partisan gambit—is completely de- charitable contributions, I just can’t I went on a tour of a food warehouse stroyed by her letters of recommenda- make up the difference. in Champaign, IL, and had a number of tion from Republicans as well as Demo- I thought about it for a minute. I people explain the importance of not crats who have served as Solicitor Gen- thought, how would you approach a only their work with food pantries but eral and have witnessed her fine work. Member of the Senate or the House of the importance of the food stamp pro- This is about putting the right person Representatives and say: You know, gram. I noticed one young woman who in the job on one of the most important this cutback of $15 a month will really was part of the tour. I didn’t quite un- courts in the land, and sadly, unless hurt. It is hard for us, in our positions derstand why she was there. She was the position of the minority leader of in life, to really understand or identify an attractive young mother who was the Senate is not the position of all Re- with the plight and the struggle of dressed well. She explained that she publican Senators, she may suffer from those who are not certain where their had two children. I later learned why this partisan approach to the appoint- next meal is coming from. she was there. She is a food stamp re- ment of this vacancy. What a sad out- Most of those people have the benefit cipient. She has a part-time job with come for a fine woman who has done so of the SNAP program, the food stamp the local school district—not a full-

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7694 CONGRESSIONAL RECORD — SENATE October 31, 2013 time job—and her income is so low, she gressman MEL WATT to be Director of policy that is fair, garners wide con- still qualifies for food stamps, SNAP the Federal Housing Finance Agency. sensus, and allows all parties to move benefits. She was there to thank me. May I do that. forward, all of which are vital qualities She wanted to thank me not just for The ACTING PRESIDENT pro tem- for the Director of the FHFA.’’ the food stamp program but because we pore. Without objection, it is so or- The Mortgage Bankers of America changed the law a couple of years ago dered. said, ‘‘Congressman WATT would bring and allow mothers like her to take Mrs. BOXER. I hope we have a re- considerable experience to the post of their kids to farmers markets and use sounding vote for MEL WATT. He is a Director [and] a strong base of under- their food stamps to buy fresh produce. terrific person. He has the heart, intel- standing on a wide variety of public She said: It is almost like a trip to ligence, and the experience. policy issues related to housing fi- Disneyland for my kids. They have Mrs. BOXER. Mr. President, as crit- nance. . . . [W]e would urge the Senate come to know the farmers, and they ical decisions are being made about the to approve his nomination.’’ look forward to meeting them each future of the housing finance system, it The Center for Responsible Lending week. The farmers give them an extra is time that we place permanent lead- said, ‘‘WATT brings to FHFA an ability apple or tomato or this or that, and I ership at the head of the Federal Hous- to work with a variety of stakeholders, just want to thank you. My kids are ing Finance Agency, FHFA. Congress- with many competing interests and getting good food from farmers mar- man MEL WATT has both the experience perspectives. He has a track record of kets, and it helps us make ends meet. and the expertise to help create a sys- crafting practical solutions and alli- This is a single working mom with tem that ensures access to safe and af- ances for a complex, dynamic market- two kids. Those are the types of people fordable credit and other housing op- place. He is consistently thoughtful, who are receiving food stamps and ben- tions for all Americans. fair, and respectful of all opinions, and efits. The notion that they are some- Congressman WATT brings with him his policies have been guided by a con- how lazy welfare queens—go out and over 40 years of experience in housing, cern for all Americans.’’ meet them. Meet the woman at the Ir- real estate, and other financial services The National Association of Home ving Park United Methodist Church issues. From 1970 to 1992, he ran a law Builders said, ‘‘We applaud the nomina- food pantry I met who is trying to live practice focusing on business, real es- tion of Representative WATT to this in the city of Chicago on a Social Secu- tate, municipal bonds, and community important position. After four years in rity check that pays her $800 a month. development, learning the details of conservatorship, the future of Fannie I challenge any Member in the Senate housing finance from the ground level. Mae and Freddie Mac stands at a cross- or House to try to get by on $800 a He was first elected to represent the road. Rep. WATT brings years of experi- month in the city of Chicago. She 12th district of North Carolina in 1992 ence to this position at a pivotal mo- makes it because she has two food pan- and has served over 20 years on the ment as our nation’s housing market tries that give her 3 or 4 days of food House Financial Services Committee. recovers. NAHB looks forward to work- each and she has food stamps. In addition, his work on the House ing closely with Rep. WATT to help ad- I will conclude by saying that what Subcommittees on Capital Markets dress the many complex challenges fac- we are talking about as far as food and Government Sponsored Enter- ing the U.S. housing finance system stamps is really a matter of basic hun- prises, and on Financial Institutions upon his confirmation by the U.S. Sen- ger of children, veterans, elderly, and and Consumer Credit has given him the ate.’’ disabled who get this helping hand that necessary policy expertise to run the The Center for American Progress makes a difference in their lives. agency that oversees Fannie Mae and said, ‘‘We believe that Mr. WATT has We are a great and caring nation. I Freddie Mac. the vision, expertise, and experience am so proud to represent a great State Congressman WATT’s experience and necessary to provide strong leadership in that Nation. We are a caring people, expertise made him one of the first pol- for FHFA. His personal background and caring people do not turn their icymakers to recognize how predatory and professional experience have pro- backs on hungry kids or hungry elderly underwriting practices were threat- vided him with a deep commitment to people. We better take care, when it ening the larger housing market and affordable housing and sustainable comes to this food stamp program, that economy as a whole. Years before the credit, which not only support a robust we don’t make cuts that are going to foreclosure crisis began, Congressman housing market, but also provide shel- make their lives more difficult. WATT, along with Congressman Brad ter and opportunity for America’s fam- Finally, Mr. President, I ask unani- Miller, introduced the Prohibit Preda- ilies and spur economic growth for the mous consent that all speakers on the tory Lending Act in 2004. They reintro- nation as a whole.’’ Democratic side prior to noon be lim- duced it every Congress after that until The United States Conference of ited to 5 minutes each. it was adopted as part of the Dodd- Mayors said, ‘‘It is not surprising that The ACTING PRESIDENT pro tem- Frank Wall Street Reform and Con- Representative WATT has bipartisan pore. Without objection, it is so or- sumer Protection Act. In March 2007, support in the Senate. His record shows dered. that he can work across the political Mr. SESSIONS. Mr. President, I only 2 months after the Democrats became the majority party in Congress, aisle finding solutions to complex prob- don’t know whether Senator BOXER lems. Time and time again, mayors was to be recognized. Congressman WATT joined Chairman Mrs. BOXER. Mr. President, I will Barney Frank in introducing a bill to have been impressed with his thought- take 5 minutes. reform regulation of Fannie Mae and ful approach in developing solutions Mr. SESSIONS. Mr. President, I un- Freddie Mac. The bill passed both the that are mindful of all stakeholders. As derstand that Senator BOXER wants 5 House and the Senate with bipartisan the nation’s housing market climbs minutes, and I will yield to the fine support and now called the Housing back as a major part of our economy, chairman of the Environment and Pub- and Economic Recovery Act, HERA, we need such a leader as Mel WATT at lic Works Committee for 5 minutes. was signed into law by President Bush the head of FHFA.’’ I ask unanimous consent that Sen- in July 2008. Mr. President, I ask to speak as in ators on the Republican side be allo- Congressman WATT also brings with morning business for the rest of my cated 10 minutes each. him the experience and balance in vi- time. The ACTING PRESIDENT pro tem- sion to represent all stakeholders fair- The ACTING PRESIDENT pro tempore. Without objection, it is so or- ly, and has broad support from both in- pore. Without objection, it is so ordered. dustry and consumer groups. dered. Mrs. BOXER. Mr. President, I thank ‘‘The National Association of Real- AFFORDABLE CARE ACT the ranking member on the Budget tors has long appreciated Representa- Mrs. BOXER. Mr. President, I am so Committee. I know he has a lot on his tive WATT’s proven ability and willing- pleased to be on the floor with some plate. He and I work well together, and ness to engage the industry, stake- very good news out of California and I thank him. holders, and consumers throughout his how ObamaCare, the Affordable Care Mr. President, I want to put on the service in the House of Representa- Act, is working in our great State. RECORD my strong support for Con- tives. WATT has always aimed to craft People are phoning. People are going

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7695 online. People are talking with insur- offer, in person, help to those who are esty, the court didn’t need that slot ance agencies, with health insurance looking to enroll. filled and they don’t need any of the companies. They are getting health Very recently I went to a clinic in three slots today that are vacant. They care coverage, some for the very first my home county and I can tell my col- do not need to be filled. Congress has time, and for many for the first time it leagues the excitement there is pal- no responsibility to fill a vacancy that is affordable; all good policies—good pable. The doctors, the nurses, the as- is not needed, and we shouldn’t do it. policies that will be there when they sistants, the people in the waiting Each one costs about $1 million a year. are needed. room, everybody knowing they can get That is what it costs to fill a judgeship. We know a small percentage of peo- either insurance on the exchange or in- We have needs around the country. ple, as the President addressed yester- surance through an expanded Medi-Cal We have certain needs around the day, are being told their old policies Program. We have millions of people country, and we are going to have to are not going to be offered to them who will be able to sign up on the ex- add judges. Why would we fill slots anymore, but all of those folks know changes. We have about 1.4 million peo- with judges we don’t need and not fill they can get better policies. They can’t ple who could sign up for the expanded slots with judges we do need? That is be turned away. There will be competi- Medi-Cal Program. my fundamental view about it. I will tion for their business. Many of them Do I have any time remaining? just say this: It is not going to happen. will get subsidies. So at the end of the The ACTING PRESIDENT pro tem- We are not going to fill these slots. day, this health care story, although pore. The Senator has 5 seconds re- This country is in deep financial trou- quite bumpy, as we know the prescrip- maining. ble. The majority basically is saying: Oh, tion drug launch was years ago—we Mrs. BOXER. Five seconds. I hope we the Budget Control Act and, oh, we know it is bumpy, and we are angry on get these two wonderful nominees on have cut to the bone. We can’t find an- both sides of the aisle that it is the way to confirmation today. other dime in savings. Do you know bumpy—but at the end of the day, I I hope we will be patient and that we what the problem is, America? You think it is going to be good. will all work together to fix the prob- haven’t sent us enough money. If you I wish to read some of the comments lems with health care. I think, at the end of the day, it is going to be great. would just send more money to Wash- made by people who have logged in to ington, we could spread it around and ‘‘Covered California,’’ which is I thank the Chair and yield the floor. The ACTING PRESIDENT pro tem- everything would be fine. coveredCA.com. Here is one who just This is basically what we are hearing got an affordable health care policy: pore. The Senator from Alabama. Mr. SESSIONS. Mr. President, I wish from the leadership: No more cuts. In Thank you so much, President Obama! And fact, the Budget Control Act reduced everyone who works there. to share some thoughts about the filling of the District of Columbia Circuit spending too much. Oh, this is criti- This was soooo much easier than I thought cally important. Every dollar we spend it would be! I am soooo grateful to get med- Court of Appeals judgeships. I have ical insurance! Thank you! been involved in that issue for well is critically important and we can’t re- over a decade. We started looking at duce a dime of it or even the growth of Another: it. That is what we have been hearing: Great phone support, thank you. No wait the case numbers when President Clin- ton was in office. I, along with Senator Send more money to Washington. We time, the assistant answered all my ques- want to raise taxes. We are open about CHUCK GRASSLEY, both Republicans, tions clearly. demanding increases in taxes to fund Another: blocked President Bush from filling a vacancy, because that court did not whatever it is we want to spend. GREAT JOB! EASY! WHAT’S All THE Is there any waste and abuse in this need another judge and they wanted to FUSS ABOUT? government? There absolutely is. Look fill it. Let’s be frank. Presidents want at this chart. Senator DURBIN is on the Another: to fill the DC Circuit Court of Appeals Wow. This was easy and my monthly pre- Judiciary Committee. He has been in- because they think they can shift the volved in this. He knows these num- miums are significantly less than my pre- balance there and be able to advance vious employer’s health care coverage before bers. There is nothing phony about the Affordable Care Act. their agenda throughout the judicial what I am showing my colleagues process because a lot of key cases are One who I thought truly summed it today. This is absolute fact: Total ap- filed there, and lobbyists and outside peals filed per active judge. These are up: forces that care about judges want the Thank God Almighty I’m free at last! the judges on the court today. The DC Presidents to put their kind of people Circuit has eight judges. They have These are the real people. These are in those positions—maybe even their eight judges. The number of appeals not people who have a political agenda. law partner or their friend or their po- filed per judge in their court is 149, and They are real people. They are Demo- litical buddy on that court. But there the average per circuit judge in Amer- crats. They are Republicans. They are are some great judges on the court. But ica is 383. The average is 21⁄2 times that Independent voters. They have had a I am Ranking Republican on the Budg- number. We do not need to fill these hard time getting health insurance et Committee also. I serve on the Judi- slots. and, because of the Affordable Care ciary Committee and on the Budget Look at the Eleventh Circuit. They Act, with all of its glitches on the na- Committee. We have no money in this have vacancies, but at this point they tional Web site—and we acknowledge country to fund a judgeship that is not are doing almost 800 cases per judge per them—it is working. It is working in needed. year. Think about that. In the Second our State, and eventually, once that The last time we were able to move Circuit, which is Manhattan—a very national Web site is fixed, it will work one of those judges to the Ninth Cir- important circuit with very complex for everybody. cuit where the position was needed. cases—there are more than 21⁄2 times I wish to put some real numbers on Today, it is clear that the caseload for the number of cases than the DC Cir- this: 180,000 Californians have begun the DC Circuit continues to fall. The cuit. Remember, this is the current the process of signing up for coverage— number of cases per judge in the DC number of judges, I say to my col- 180,000 families. Imagine the relief they Circuit continues to decline. Senator leagues. This isn’t if we were to add have. Over 2 million unique visitors GRASSLEY has been a champion of this three more judges. If we added three have been to coveredCA.com. There issue for years. He chaired the court more judges, it would be a little over have been 200,000 calls to subcommittee of the Judiciary Com- 100 cases per judge, not 149. This is ab- coveredCA.com’s call centers. The av- mittee. I chaired it after he did. We solute fact. They take the entire sum- erage wait time is under 4 minutes and have seen these numbers. mer off. No other circuit does this. the average total call time is less than Senator DURBIN says, Oh, it is a They have canceled oral arguments 16 minutes for Californians enrolling in shame. It is a shame these nominees they had scheduled because there were coverage and asking questions. We don’t get confirmed. As Senator no cases to argue. They take the sum- have 4,000 insurance agents and clinic MCCONNELL noted, it was a shame that mer off. workers trained so far and certified. Peter Keisler, a fabulous nominee, I talked to one circuit judge in an- They have their badges so they can didn’t get confirmed. But, in all hon- other circuit who said: At least one of

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Mr. President, I rise Congress, Congressman WATT worked rity and the value of the Federal judi- today to speak about Congressman with Republican Judiciary Committee ciary. I respect them greatly. They do MEL WATT. Chairman BOB GOODLATTE and Rep- important work. But it has just so hap- Mr. SESSIONS. Mr. President, if the resentative LAMAR SMITH to pass legis- pened in the course of our American Senator will yield for an inquiry, under lation that addressed Patent and system that the DC Circuit is at a the UC were we going to divide 30 min- Trademark Office backlogs. And he point where it has the lowest caseload utes per side? Was that the intent of worked with Representative BLAINE per judge in decades, of any circuit and the unanimous consent request I made LUETKEMEYER on legislation that en- it needs to be fixed and the number of earlier? sured adequate transparency for ATM cases continues to decline. The ACTING PRESIDENT pro tem- fees while eliminating excessive regu- So what I would say to my colleagues pore. The time until noon is equally di- latory burdens. is I believe we should give deference to vided in the usual form. Congressman WATT’s long congres- the President in the nomination of Mr. SESSIONS. In the usual form. sional career builds on more than two judges. I voted for, I am sure, close to All right. decades in the private sector as a small 90 percent of the nominations the The ACTING PRESIDENT pro tem- business owner and a legal expert. President has submitted. I voted for al- pore. The Senator from North Carolina. With experience in the private sector most 90 percent, I would suggest. But I Mrs. HAGAN. Mr. President, I rise and more than two decades of service am not going to support three judges today to speak about Congressman on the House Financial Services Com- we don’t need. The last thing we need MEL WATT, who is a champion for mid- mittee, Congressman WATT has the to be doing is burning on the Mall of dle class families in my home State of background, the skills, and the history of bipartisan cooperation necessary to the United States of America $3 mil- North Carolina. MEL WATT is the Presi- lion a year to fund judgeships we don’t dent’s nominee to be the next Director confront the challenges facing our re- need. There are other places in this of our Federal Housing Finance Agen- covering housing market. His nomination is supported by in- government we can cut wasteful spend- cy. dustry leaders such as the National As- ing as well, but this one highlights the Congressman WATT is a true North sociation of Realtors president Gary Carolinian. He was born in North Caro- situation. Thomas and the National Association I suggest to my colleagues this is a lina. He attended the University of of Home Builders chairman Rick test to this Senate. This is a test for North Carolina at Chapel Hill, and he Judson. He is supported by the Mort- all of the Members of the Senate. If we has spent much of his distinguished ca- gage Bankers Association and the say there is no place to save money in reer working for the people of North United States Conference of Mayors. Washington; if we say we have found Carolina. And he is supported by Erskine Bowles, every bit of waste, fraud, and abuse Congressman WATT is an outstanding cochair of the National Commission on there is—well, look at this court. choice to lead the Federal Housing Fi- Fiscal Responsibility and Reform, and I am not condemning any of the nance Agency. the former Bank of America chairman nominees. I am not complaining about Over his 20 years on the House Finan- and CEO Hugh McColl. their quality or their ability. I am say- cial Services and Judiciary Commit- In fact, I ask unanimous consent that ing the taxpayers of America should tees, Congressman WATT has been a these letters from the National Asso- not have extracted from them another steadfast advocate for affordable hous- ciation of Realtors, the National Asso- $3 million a year to fund three judges ing in North Carolina and across the ciation of Home Builders, and Mr. that absolutely are not needed, par- country. He has worked tirelessly to McColl be printed in the RECORD. ticularly when we have legitimate protect families from predatory and de- There being no objection, the mate- needs in other courts around the coun- ceptive lending practices. rial was ordered to be printed in the try that need more judges. He has been willing to work across RECORD, as follows: Look at the Eleventh Circuit, my cir- the aisle to find common ground on cuit: Almost 800 cases per judge filed. issues that promote economic oppor- NATIONAL ASSOCIATION OF REALTORS®, This circuit, the DC Circuit, 149, and tunity for the middle class. Washington, DC, October 29, 2013. they want three more judges—not so. Well before the housing crisis, Con- DEAR SENATOR: On behalf of the one mil- I believe we have a 10-minute limit. gressman WATT raised concerns that lion members of the National Association of How much time remains? predatory lending practices were harm- Realtors® (NAR), their affiliates, home- The ACTING PRESIDENT pro tem- ing consumers and putting our housing buyers, and homeowners, I strongly urge the pore. The Senator has 1 minute re- market at risk. He was instrumental in United States Senate to expeditiously con- maining. enacting Dodd-Frank and in supporting firm Representative Mel Watt as the next Di- Mr. SESSIONS. So, in conclusion, I rector of the Federal Housing Finance Agen- its antipredatory lending provisions. cy (FHFA). appreciate the opportunity to be here. He will be a tremendous asset to our The National Association of Realtors® has It looks as though we will vote on the housing market and economy moving long appreciated Representative Watt’s prov- Millett nomination maybe later today. forward. en ability and willingness to engage the in- With no personal criticism of that In a letter to the Senate this week, 54 dustry, stakeholders, and consumers nominee in any way, I think it is im- community and advocacy organiza- throughout his service in the U.S. House of Representatives. Watt has always aimed to portant for us to say we just don’t need tions called for Congressman WATT’s these slots. We are not going to fill craft policy that is fair, garners wide con- confirmation, saying: sensus, and allows all parties to move for- them. Not one of the three needs to be Representative WATT has the depth to ward, all of which are vital qualities for the filled. We are not going to fill any of grasp the problems that plague Fannie Mae Director of the FHFA. them. We are going to honor the fi- and Freddie Mac, and has the skills to work The extended conservatorship of the gov- nances of the American people. with everyone involved to get the housing ernment-sponsored enterprises, Fannie Mae Once again, I express my apprecia- market back on track. and Freddie Mac, is one of the most pressing tion to Senator CHUCK GRASSLEY, the I agree. I was proud to join my North issues facing the housing sector. This re- ranking member of the Judiciary Com- Carolina colleague Senator RICHARD quires that the FHFA be led by a permanent Director, who looks for measured and committee, who has led the fight on this BURR in introducing Congressman prehensive solutions that will protect both issue for a number of years. I have WATT at his confirmation hearing ear- the housing market and taxpayers. Rep- worked with him on it. We have legis- lier this year, and I am pleased that resentative Watt has clearly demonstrated lation to transfer these judgeships to the Banking Committee approved his through his extended service and involve- other places. That is what we should be nomination. ment with key housing issues before the

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7697 House Financial Services Committee that he ate will move quickly to approve his nomi- sidies for housing finance, and I have has a keen understanding of the importance nation. never once doubted his sincerity, his of housing finance to the nation’s economy. Best regards, commitment, or his passion for work- The FHFA Director plays a critical role in RICK JUDSON, ing for his constituents and also for the future of our nation’s housing finance 2013 NAHB Chairman of the Board. system and must weigh the costs of action disadvantaged people generally. Having and inaction with the benefits of protecting Charlotte, NC, October 25, 2013. said that, while MEL WATT is certainly the taxpayer and ensuring the continued re- To: The Editor a good man, I think this is the wrong covery of housing. Representative Watt has TIME TO ACT ON THE MEL WATT NOMINATION job for this good man, and I want to ex- the experience and skill necessary to work plain why. with Congress and the Administration to en- Given the need to have more economic ac- sure that both costs and benefits are handled tivity, it appears to me that the Senate I think it is useful to first consider in a manner that benefits our nation. As our should move now to confirm Congressman the massive size of the institutions economy continues its slow recovery from Mel Watt as Director of FHFA. There seems that the Federal Housing Finance the Great Recession, we must focus on sen- to be no reason not to approve Mr. Watt’s Agency, the FHFA, regulates. Fannie sible and commonsense policies that foster nomination other than he has been nomi- Mae, Freddie Mac, the Federal Home strong growth and stability. Representative nated by the President. Loan Banks combined are enormous. I have known Mel Watt for 40-some odd Watt has the experience, knowledge, and Fannie and Freddie together hold 48 ability to bring that much needed focus to years, both as a lawyer and as a US Con- the FHFA. gressman. I know him to be highly intel- percent of all the outstanding mort- In short, we know that Representative ligent, a man of impeccable character, and a gages in the United States of America. Watt will not only be an asset to FHFA but straight shooter. While Chairman of the Last year, they guaranteed almost 80 also to the Congress and the Administration Board of the Bank of America, I consulted percent of all the new mortgages that as we work together to restore strength to with him on many occasions about banking were issued. Combined, Fannie and the housing and mortgage markets. The Na- legislation. We did not always agree with Freddie have assets that are nearly $5.2 ® each other, but I always knew that I was get- tional Association of Realtors urges con- trillion—this is much larger than the firmation of Representative Watt, and stands ting an honest opinion and one that was well ready to work with FHFA and Congress to thought out. Federal Reserve—which have just made facilitate a strong housing and economic re- Mr. Watt has been a real estate lawyer in themselves into an enormous institu- covery. one of the fastest growing cities in Amer- tion. Combined, Fannie and Freddie are Sincerely, ica—Charlotte, NC, and he is very much more than twice as big as JPMorgan GARY THOMAS, aware of the need for housing loans for peo- Chase, the biggest bank in America. In 2013 President, National Association of ple from all economic segments. Most of his addition to being very large, they are Realtors®. more than 20 years in Congress were spent on enormously complex, and they are at the House Financial Services Committee. the center—in fact, they are the hous- NATIONAL ASSOCIATION It is worth reminding people that Con- ing finance market of the United OF HOME BUILDERS, gressman Watt has a business degree from Washington, DC, October 29, 2013. the University of North Carolina at Chapel States of America. Hon. HARRY REID, Majority Leader, Hill, and a law degree from Yale University. So they are enormously large, they U.S. Senate, Without question, he is well educated. No are enormously complex. And the post Washington, DC, doubt he is smart, and there is no doubt that we are talking about here—the direc- Hon. MITCH MCCONNELL, we need somebody like him in charge. torship of the regulator—has virtually I hope Senator Burr and Senator Hagan Minority Leader, U.S. Senate, unchecked powers. The legislation that Washington, DC. from North Carolina will push for his con- DEAR MAJORITY LEADER REID AND MINOR- firmation. The Country needs him. creates this post, that creates this ITY LEADER MCCONNELL: On behalf of the Sincerely, agency and the head of this agency, 140,000 members of the National Association HUGH L. MCCOLL, JR. empowers the Director enormously. of Home Builders (NAHB), I am pleased to Mrs. HAGAN. Congressman WATT’s Let me quote from the statute. The Di- offer NAHB’s strong support for the nomina- strong record of working with industry rector’s powers include ‘‘all rights, ti- tion of Representative Mel Watt as the next leaders, consumer advocates, Demo- tles, powers, and privileges of the regu- Director of the Federal Housing Finance lated entity, and of any stockholder, Agency (FHFA). I urge you to support his crats and Republicans proves that he nomination when it is considered by the full can deliver results for middle class officer, or director’’ of the entity. In Senate later this week. families across the country and in plain English that means this person Today’s mortgage finance system is in a North Carolina. has the power of the entire board of di- state of uncertainty. The ongoing con- We need Congressman WATT at the rectors, the CEO and all the manage- servatorship of the government sponsored Federal Housing Finance Agency. I ment, and the regulatory agency that enterprises (GSEs), Fannie Mae and Freddie know he will work successfully with controls it all. There is no parallel in Mac, continues to be one of the most chal- our country for an institution where so lenging issues facing the housing industry Congress to strengthen the backbone of today. With the path forward for comprehen- our current housing finance system, much power is concentrated in one per- sive housing finance reform taking shape, and I urge my colleagues to join me in son. and with that outcome still very uncertain, supporting his nomination later today. In addition, there is no congressional having a permanent FHFA Director will be I yield the floor. oversight. The FHFA does not depend critical to ensure the safety and soundness of The ACTING PRESIDENT pro tem- on Congress for appropriations. It gets the housing GSEs, as well as promote a sta- pore. The Senator from Pennsylvania. its money from fees from the entities it ble and liquid residential mortgage financing regulates. So Congress has no control, system for our nation’s housing market. Mr. TOOMEY. Mr. President, just a NAHB believes that the confirmation of Rep- parliamentary inquiry: I have 10 min- no authority, once a person is con- resentative Mel Watt will bring much-needed utes allocated to me? firmed in this post, and they are con- certainty to the U.S. housing finance system The ACTING PRESIDENT pro tem- firmed for a 5-year term and can only as we transition from the current state of pore. The Senator is correct. be removed for cause. So it is un- conservatorship to a new and stronger sys- Mr. TOOMEY. Thank you very much, checked power on an enormous scale. tem of housing finance. Mr. President. Now, precisely because of the un- Representative Watt will bring years of ex- I rise to address the candidacy of checked power over these enormously perience to this position at a pivotal moment in the recovery of our nation’s housing Congressman MEL WATT to be Director large, important, powerful, and com- market. During Representative Watt’s ten- of the Federal Housing Finance Agency plex institutions—precisely for that ure on the House Financial Services Com- as well. reason—the statute stipulates very mittee, he has proven to be a thoughtful Let me preface my comments by clearly that the person holding this leader on housing policy. The FHFA needs a making it very clear. I know Congress- post has to be someone who is tech- permanent director with his leadership capa- man MEL WATT. He is a good man. I nically competent because of their own bilities. served with him in the House. We history, because they have been a prac- NAHB looks forward to working closely with Representative Watt to help address the served on the Banking Committee to- titioner in this field. The legislation many complex challenges still facing the gether. I know for many years he has demands that, and for good reason. housing finance system and the recovery of been and continues to be a passionate Specifically, the law insists that the the housing market. We hope that the Sen- advocate for increasing taxpayer sub- Director shall have a ‘‘demonstrated

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7698 CONGRESSIONAL RECORD — SENATE October 31, 2013 understanding of financial manage- become one of the most powerful and Keisler was widely lauded as a con- ment or oversight, and have a dem- important government agencies. Fol- sensus bipartisan nominee. His distin- onstrated understanding of capital lowing the financial crisis and massive guished record of public service in- markets, including the mortgage secu- bailouts of Fannie Mae, Freddie Mac, cluded service as Acting Attorney Gen- rities markets and housing finance.’’ and all the big banks, the Federal Gov- eral. Despite his broad bipartisan sup- So we are not talking about being ernment took a primary position in the port and qualifications, Mr. Keisler automatically qualified by virtue of mortgage market. Right now, 48 per- waited 918 days for a committee vote. being a Member of Congress. One needs cent of all outstanding U.S. mortgages The vote never happened. to be a practitioner. I will give you one and 77 percent of those issued last year When he was nominated, Democrats quick example of many why central to were guaranteed by the Federal Gov- objected to even holding a hearing for the management of the enormous com- ernment. This is a problem in and of the nominee based upon concerns about plexity of these institutions is the use itself, but the FHFA is the agency that the workload of the DC Circuit. of complex derivatives, which manage oversees all of them. First, I would like to remind my col- the interest rate risk inherent in these MEL WATTS is the guy President leagues that in 2006 Democrats argued portfolios. Fannie and Freddie are the Obama has nominated to lead the agen- that the DC Circuit caseload was too world’s biggest users of derivatives for cy. I know MEL from my time both in light to justify confirming any addi- this risk management purpose. Under- the House and the Senate, and I am tional judges to the bench. Since that standing how these work, the risks deeply concerned that he will push the time, do you know what happened. The that are inherent in them, and how it Federal Government further into the caseload has continued to decrease. affects the broader capital markets is mortgage business, instead of moving In terms of raw numbers, the DC Cir- absolutely essential. Yet in December us away from it. He has shown his col- cuit has the lowest number of total appeals filed annually among all the cir- 2011, MEL WATT said this. I quote Con- ors during his time here in Wash- cuit courts of appeals. In 2005 that gressman WATT: ington, and he is not the right guy to number was 1,379. Last year it was lead the agency. I am opposed to his For all of the last term of Congress, I sat 1,193—a decrease of 13.5 percent. in the Financial Services Committee, and a nomination and urge my colleagues to There are a lot of different ways to lot of these arguments that I am hearing ∑ oppose him. look at these numbers, but perhaps the today are the same arguments that I heard The ACTING PRESIDENT pro tem- best numbers to examine are the work- about derivatives. Well, I didn’t know a pore. The Senator from Iowa. load per active judge. The caseload has damn thing about derivatives. I am still not Mr. GRASSLEY. Mr. President, I rise sure I do. decreased so much since 2005 that even in opposition to any motion to invoke with two fewer active judges, the filing Derivatives are central to the man- cloture on nominees to the DC Circuit. levels per active judge are practically agement of these institutions. I am somewhat disappointed that the the same. In 2005, with 10 active judges, There is another reason why this Senate majority wants to turn to a statute insists on an experienced prac- the court had 138 appeals filed per ac- very controversial nomination next tive judge. Today, with only 8 active titioner and a technocrat rather than a rather than to continue on a path of politician, and that is because pursuing judges, it has 149. This makes the DC cooperative confirmations or other im- Circuit caseload levels the lowest in a political agenda at these institutions portant Senate business. It seems to is enormously dangerous. Look at the the Nation and less than half the name that scheduling such a controver- tional average. damage that it did the last time. Con- sial vote in the closing weeks of this gressman WATT was an advocate for all It has been suggested that there are session of Congress is designed simply other circuits, namely the Eighth and of the policies that helped to drive to heat up the partisanship of judicial Fannie and Freddie into the con- the Tenth, that have lighter caseloads nominations. than the DC Circuit. That is inac- servatorship that cost taxpayers so My opposition is based on a number much money. He supported lower cap- curate. The DC Circuit has fewer cases of factors. filed and fewer cases terminated than ital standards, lower downpayments, First, an objective review of the lower underwriting standards, loan for- either the Eighth or the Tenth Circuit. court’s workload makes clear that the Cases filed and cases terminated giveness. He was opposed to tougher workload simply does not justify add- measure the amount of appeals coming regulations, even when it was becom- ing additional judges, particularly into the court and being resolved. ing clear that these institutions were when additional judgeships cost ap- Some of my colleagues have been argu- on a downward spiral and soon would proximately $1 million—$1 million— ing that the Eighth and the Tenth Cir- need a massive bailout. every year per judge. cuits are similar to the DC Circuit Unfortunately, Congressman WATT Second, given that the caseload does based upon the comparison of pending still supports these policies. And if he not justify additional judges, you have cases. But cases pending does not were confirmed as the Director, with to ask why the President would push so measure how many cases are being all of these powers, he could unilater- hard to fill these seats. It appears clear added and removed from the docket. ally reinstitute these policies. that the President wishes to add addi- When looking at how many cases are Now, fortunately, at the moment, we tional judges to this court in order to added or filed per active judge, the DC have a Director who understands that change judicial outcomes. Circuit is the lowest with 149. It is his obligation to the taxpayer pre- Third, the court is currently com- lower than the Eighth Circuit’s 280 and cludes these misguided policies. I am prised of four active judges appointed the Tenth Circuit’s 217. When looking deeply concerned that if confirmed, by a Republican President and four ac- at the number of cases being termi- Congressman WATT would reverse that tive judges appointed by a Democratic nated by each court, the DC Circuit is practice and reinstitute some of these President. There is no reason to upset once again the lowest at 149. Again, the very damaging and dangerous policies. the current makeup of the court, par- Eighth Circuit and the Tenth Circuit So for these reasons and, I would say, ticularly when the reason for doing so courts are much higher at 269 and 218. in respect and in honoring the clear appears to be ideologically driven. Let me mention one other important language of the statute, we have an ob- I will start by providing my col- point about pending appeals and the ligation to not confirm Congressman leagues with a little bit of history re- statistics my colleagues use. Several of MEL WATT. While I know he is a very garding this particular seat on the DC my colleagues said on the floor yester- good man, I think he is the wrong per- Circuit. day that in 2005 there were only 121 son for this job. So I would urge my It may come as a surprise to some, pending appeals per active judge. That colleagues to vote no on cloture later but this seat has been vacant for over number seemed a little odd to me, so today. 8 years. It became vacant in September we looked into it a bit further, what I yield the floor. 2005, when John Roberts was elevated the situation was in 2005. In order to THE NOMINATION OF MEL WATTS to Chief Justice. arrive at that number, my colleagues ∑ Mr. INHOFE. Mr. President, while In June of 2006, President Bush nomi- appear to be taking the total appeals not many people know about the Fed- nated an eminently qualified indi- for 12 months ending June 30, 2005, and eral Housing Finance Agency, it has vidual for this seat, Peter Keisler. Mr. dividing them by 11 active judges.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7699 As it turns out, there were only 9 ac- these seats was because, as he saw it, ferent political parties, so it is fair to tive judges for almost that entire 12- the DC Circuit was ‘‘wreaking havoc apply the same standard that Demo- month period. Janice Rogers Brown with the country.’’ crats used to oppose Republican DC was sworn in on June 10, 2005, and This is perplexing, given the current Circuit nominees. Judge Griffith was sworn in June 29, makeup of the court. Currently, there Democrats opposed more DC Circuit 2005. As a result, during that 12-month are four Republican-appointed judges, nominees because total appeals filed period there were 10 active judges for a and, with the most recent confirma- had declined. According to the AO’s total of only 19 days. There were 11 action, there are now four Democratic- most recent data, total appeals filed tive judges on the DC Circuit for a appointed judges. Apparently some on have declined 18 percent further since grand total of 1 day. the other side want to make sure they 2006. Democrats opposed more DC Cir- A few months later in 2005, the court get a favorable outcome of this court. cuit nominees because written deci- was back down to nine after Judge I have concerns regarding filling sions per active judge had declined. Roberts was elevated to the Supreme seats on this court which clearly has a The AO’s data show that written deci- Court and Judge Edwards took senior very low caseload. I have greater con- sions per active judge have declined 27 status. cerns about this President’s agenda to percent further since 2006. Democrats This is how hard pressed the other stack the court and to upset the cur- opposed more DC Circuit nominees be- side is to refute what everyone knows rent makeup simply in order to obtain cause there were nominees to only 60 to be true: The caseload of the DC Cir- favorable judicial outcomes because: If percent of the 20 existing judicial cuit is lower now than it was back in Congress will not, I will. emergency vacancies. Today, the Sen- 2005. In order to have a statistic that Given the overwhelming lack of a ate has pending nominees to only 49 supports their judgment, the other side need to fill these seats based upon case- percent of the 37 current judicial emer- is claiming there were 11 active judges load and especially considering the gency vacancies. These are the facts. for that 12-month period, while that cost to the taxpayers of over $1 million New appeals filed and written decisions claim was true for only a total of 1 day. per judge per year, I cannot support per active judge in the DC Circuit are The bottom line is this: The objective this nomination and urge my col- both 76 percent below the national av- data clearly indicates the DC Circuit leagues to reject it as well. erage and 50 to 60 percent below the caseload is very low and that the court I yield the floor. next busiest circuit. does not need additional active judges. Mr. HATCH. Mr. President, since I I hope that my colleagues get the That is especially true if you use the was first elected, the Senate has con- point. No matter how you slice it or standard Senate Democrats established sidered more than 1700 nominations to dice it, the DC Circuit has the lowest when they blocked Mr. Keisler. Article III federal courts. In nearly caseload of any circuit in the country In addition to the raw numbers, in every case, the focus was on the indi- and its caseload continues to decline. order to get a firsthand account, sev- vidual nominee and whether he or she The very same standards that Demo- eral months ago I invited the current was qualified for judicial service. The crats used to oppose Republican nomi- judges of that court to provide a candid nominee before us today is one of the nees to the DC Circuit in 2006 show assessment of their caseload. What rare exceptions. The focus here is on conclusively that the court needs no they said should not surprise anyone the court to which she and two others more judges today. As I said, none of who has looked at this closely. The have been nominated, the US Court of my Democratic colleagues—and 4 who judges themselves confirmed that the Appeals for the DC Circuit. I cannot signed that 2006 letter are on the Judi- workload on the DC Circuit is excep- support any of these nominees because ciary Committee today—have said they tionally low, stating, ‘‘The court does no one, no matter who they are and no were wrong in 2006 or attempted to ex- not need additional judges.’’ And, ‘‘If matter what their qualifications, plain why their 2006 standard is inap- any more judges were added now, there should be appointed to this court at propriate today. wouldn’t be enough work to go this time. The Senate evaluates the vast major- around.’’ It would be difficult to make a more ity of judicial nominees on their own Those are powerful statements from compelling case that the DC Circuit merits. These current DC Circuit nomi- the sitting judges in that circuit. Given needs no more judges. The Administra- nees are the rare exception because these concerns, it is difficult to see tive Office of the U.S. Courts is the they have been chosen for a court that why we would be moving forward with keeper of the caseload facts and ranks needs no more judges at all. The better additional nominations, especially in a the DC Circuit last among all circuits course would be to enact S. 699, the time when we are operating under in appeals filed and appeals terminated Court Efficiency Act, which would budget constraints. Unfortunately, the per judicial panel. In fact, the AO move two of these unnecessary DC Cir- justification for moving forward with ranks the DC Circuit last even in the cuit seats to circuits that need them. additional DC Circuit nominees ap- catch-all category of ‘‘other caseload I suggest the absence of a quorum. pears to be a desire and an intent to per judgeship.’’ And Chief DC Circuit The ACTING PRESIDENT pro tem- stack the court in order to determine Judge Merrick Garland recently con- pore. The clerk will call the roll. the outcome of cases this court hears. firmed that the number of DC Circuit The assistant legislative clerk pro- It is clear the President wants to fill cases scheduled for oral argument has ceeded to call the roll. this court with ideological allies for declined by almost 20 percent in the Ms. WARREN. Mr. President, I ask the purposes of reversing certain policy last decade. unanimous consent that the order for outcomes. This is not just my view. It Here is another way to look at this the quorum call be rescinded. has been overtly stated as an objective issue. In July 2006, Democrats on the The ACTING PRESIDENT pro tem- of this administration. Judiciary Committee signed a letter to pore. Without objection, it is so or- I would quote along this line a Wash- then-Chairman Arlen Specter opposing dered. ington Post article, ‘‘Giving liberals a more DC Circuit appointments for two CONGRATULATING THE BOSTON RED SOX greater say on the D.C. Circuit is im- reasons. First, they used specific case- Ms. WARREN. Mr. President, before I portant for Obama as he looks for ways load benchmarks to conclude that the start, I want to recognize the Boston to circumvent the Republican-led court’s caseload had declined. Second, Red Sox team for an outstanding his- House and a polarized Senate on a they said that filling vacancies labeled toric season and to congratulate Red number of policy fronts through execu- judicial emergencies by the Judicial Sox Nation on their third World Series tive order and other administrative Conference was more important. Championship in 10 years. Go Sox. procedures.’’ I am not aware that my Democratic The Red Sox mean so much to the We have a President who says: If colleagues on the Judiciary Committee Commonwealth of Massachusetts and Congress will not, I will. How do you have said either that they used the to our communities throughout New stop that? The courts are the check on wrong standard in 2006 or that their England, particularly this year. They that. Even a member of the Democratic 2006 standard should not be used today. have been a symbol of Boston’s leadership admitted on the Senate I do not want to accuse anyone of using strength and resilience. From their his- floor that the reason they need to fill different standards for nominees of dif- toric one-season turnaround to their

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7700 CONGRESSIONAL RECORD — SENATE October 31, 2013 win in front of the Fenway faithful for duced risky mortgage lending and gave has pointed out how superbly qualified the first time since 1918, to their homeowners additional protection. she is. Yet there is a good chance that scruffy beards, this team will be re- Congressman WATT has worked hard to there will not be the votes to allow us membered forever for its heart and for level the playing field for consumers. to proceed to a vote on her qualifica- its success. Like all of us in Massachu- But he is no ideologue. I have worked tions and therefore confirm the nomi- setts, they have shown what it means with him for many years now. I have nation. to be Boston strong. seen firsthand that he is a thoughtful I wish to state some of her qualifica- I also want to congratulate the St. policymaker. He can see problems com- tions. She clerked for Judge Thomas Louis Cardinals on their 97-win season ing, and when he does he seeks com- Tang on the Ninth Circuit in Phoenix, and their extraordinary achievement mon ground and works hard to develop AZ, for 2 years. She worked in the So- for winning 4 pennants in 10 years. real solutions. licitor General’s office for 11 years, in Really amazing. As Congress looks at ways to fix the Justice Department’s civil Appel- I am honored every day to represent Freddie and Fannie to steady the hous- late Section for 4 years. She leads the the people of Massachusetts and the ing market, Congressman WATT’s prac- Supreme Court and appellate practice values we stand for. I am especially tical approach is exactly what FHFA at the law firm Akin Gump. She has ar- proud to congratulate the Red Sox needs. The people who know him best, gued 32 cases in the Supreme Court, today. the Senators from his home State of placing her in the top 10 of all attor- Mr. President, I rise today to speak North Carolina, the business leaders in neys from 2000 to 2012. She has also ar- in support of Congressman MEL WATT’s his congressional district in Charlotte, gued dozens of cases in other appellate nomination to serve as the Director of support his nomination without res- courts. the Federal Housing Finance Agency. ervation. She is known as a superb appellate In many areas of Massachusetts and So what I want to know is this: Why around the country, housing markets lawyer. She is known as someone with would anyone in Congress try to block have recovered, but in too many other sterling qualifications, and she has re- MEL from receiving a simple up-or- areas the housing market is plagued by ceived the unanimous rating of ‘‘well down vote? Why would they not want underwater mortgages and fore- qualified’’ from the ABA—the highest strong leadership in an agency that has closures. A wounded housing market rating the ABA gives. She has received been thrust into such a critical role in continues to drag down our economy numerous awards from the Department the economy? It does not make sense, and it leaves millions of families strug- of Justice and strong support across not to the people who know MEL and gling to rebuild economic security. the aisle, including from all three So- One of the people who can make an not to the people who want to put this licitors General who served in the Bush important difference in helping the economy back on track. administration. She is not only an out- housing market back to full health is MEL’s work will help restore the standing lawyer, she is also an excep- the Director of FHFA. The FHFA over- housing market, help lift the economy, tional person with a work ethic, a mo- sees Fannie Mae and Freddie Mac. Be- and most of all, help strengthen Amer- rality, and a history of faithful service tween them, Fannie Mae and Freddie ica’s families. that is truly admirable. Mac back the vast majority of mort- It is time for obstruction for obstruc- She is the mother of two children, gages in the country, which means tion’s sake to end, and it is time for David and Elizabeth. She earned a right now the FHFA has enormous in- the Senate to move forward with an black belt in Tae Kwon Do after taking fluence over the American housing up-or-down vote to confirm Congress- classes with her husband and their market. man WATT so that he can get to work children. I am not sure how important The FHFA has the tools to help at the FHFA serving the American peo- that is, but I assume she is physically homeowners who continue to struggle ple. very fit. I suggest the absence of a quorum. following the 2008 financial crisis. It She is a military spouse. Her husband has the tools to help accelerate our The ACTING PRESIDENT pro tempore. The clerk will call the roll. Bob served in the Navy and the Navy economic recovery. For 4 years now, Reserve until his retirement in 2012, the FHFA has been led by an acting di- The assistant legislative clerk proceeded to call the roll. and he was deployed to Kuwait in 2004. rector. The time has come for some Anyone who has read the Bars and permanence and for some certainty. It Mrs. FEINSTEIN. I ask unanimous consent that the order for the quorum Stripes article on her cannot but look is time for the FHFA to have a direc- at this woman and say she is the model tor, and Congressman MEL WATT is the call be rescinded. The ACTING PRESIDENT pro tem- American woman. Yet we may not even right man for the job. be able to vote on her today. He has decades of relevant experi- pore. Without objection, it is so or- ence. He spent 22 years as a practicing dered. During that time, Patricia was also lawyer, working with middle-income NOMINATION OF PATRICIA ANN MILLETT TO THE one of so many military spouses who and lower income families on real es- DC CIRCUIT COURT OF APPEALS shouldered the burden of parenting tate closings and other housing issues. Mrs. FEINSTEIN. Mr. President, I while her husband was overseas. She He then spent the next 21 years in Con- rise to say a few words about the ap- understands the sacrifices military gress as a member of the House Finan- pointment of Patricia Millett to the families make to keep our country cial Services Committee where he dealt DC Circuit. The DC Circuit is an 11- safe. ‘‘Pattie did the job of two parents firsthand with housing finance as a pol- member appellate court that hears while Bob was away. . . . During Bob’s icymaker. some of the greatest and most serious nine-month deployment [to Kuwait], When it comes to housing, Congress- administrative appeals in this country. Pattie was still working at the Solic- man WATT has seen it all. Congressman Most of them are complicated, some- itor General’s office and handling a WATT has shown good judgment what convoluted, and they do take se- heavy Supreme Court caseload,’’ which throughout it all. Several years before rious expertise. is very special if one thinks about what the housing market collapse in 2008, The court is an 11-member court. It it means. ‘‘She argued one Supreme Congressman WATT introduced the Pro- currently has eight members. Three of Court case and briefed five more while hibit Predatory Lending Act in an ef- the eight are women, and there are juggling her solo-parenting duties.’’ fort to stop mortgage lenders from tak- three vacancies on the court. Patricia According to this article, Tom Gold- ing advantage of homebuyers. The act Millett has been nominated by the stein, a distinguished appellate practi- would have helped Congress address the President to fill one of those vacancies. tioner and the founder of the popular underlying cause of the financial crisis What is interesting about this debate is scotus Web site, said ‘‘Through it all, by making it harder for lenders to push that no one questions her qualifica- he never saw Pattie complain about families toward mortgages they could tions or her temperament. She grad- these sacrifices for her country.’’ not repay and too often did not under- uated summa cum laude from the Uni- She has also made a long-time com- stand. versity of Illinois in 1985 and magna mitment to work on behalf of the After that crisis hit, MEL built on his cum laude from Harvard Law School in homeless. The Bars and Stripes article earlier legislation to craft laws that re- 1988. Even Senator CRUZ from Texas says:

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Each Please, let there be some Republicans week, Pattie coordinates fruit and vegetable ens of briefs and thousands of pages of deliveries . . . to make sure the shelters record—all of which culminates in who want to change the nature of this have fresh produce. lengthy, technically intricate legal place and begin that change with the Judge Thomas Ambro of the Third opinions.’’ recognition that we have a superior Circuit Court of Appeals said it best: So, the caseload does support the woman. In a country where the major- Pattie is a really good human being. And, confirmation of new judges to the DC ity of people are women, the number of as everyone knows, she’s in the first rank of Circuit. women on this court is in the minority, appellate practitioners in this country. She I would also like to take a moment and there is a need for bright, in- combines talent, hard work, judgment, and to address this notion of ‘‘court pack- formed, legal talent. This woman is one focus; she’s the complete package. ing,’’ a term that originated with a of them. I hope she will survive clo- The question is, Why is there opposi- plan by President Franklin Roosevelt ture. tion to this nomination? Some on the to authorize new seats on the Supreme I ask unanimous consent that the ar- Republican side have said the DC Cir- Court when he was not getting deci- ticle from Bars and Stripes be printed cuit, which today has eight judges and sions he favored. in the RECORD. three vacancies, doesn’t need any new This is not about creating new seats. There being no objection, the mate- judges. They said President Obama is This is about filling seats that exist, rial was ordered to be printed in the trying to pack the court. I disagree. seats that have been authorized by RECORD, as follows: Only 7 or 8 years ago my Republican Congress for many years, seats that the [From Bars and Stripes, Oct. 21, 2013] colleagues were arguing to confirm Judicial Conference continues to rec- FAITH & FAMILY: THE CENTER OF A MILITARY President Bush’s nominees to fill va- ommend be filled, and seats that my SPOUSE DC CIRCUIT NOMINEE cancies on the 9th seat, the 10th seat, Republican colleagues pushed to fill (By Reda Hicks) and the 11th seat on the DC Circuit. not so many years ago. This is not Patricia Millett (Pattie to her friends) is They even threatened to invoke the nu- ‘‘court packing.’’ the complete package. From the beginning clear option to fill these seats. The Now, I remember how the DC Circuit of her career, Pattie had all the markings of caseload isn’t much different than it looked after President Bush’s last ap- a legal rock star. Top of her classes at Uni- was then. In fact, it is greater in some pointee was confirmed in 2006. The versity of Illinois at Urbana-Champaign and measures today. The number of pend- Court had seven Republican appointees Harvard Law School. Prestigious clerkship and three Democratic appointees. for the Ninth Circuit Court of Appeals. Ap- ing appeals per active judge on the DC pellate staff of the Department of Justice Circuit is greater than the number Other circuits were similarly lopsided as well. Some might see that as pack- Civil Division. Assistant to the Solicitor when all four of President Bush’s DC General, serving equal time under Presidents Circuit nominees were confirmed. In ing the courts. Bush and Clinton. Head of Akin Gump’s Su- addition, while the raw filings per ac- But I do not see it that way. A Presi- preme Court practice. More than 30 cases ar- tive judge are lower on the DC Circuit dent must do his or her job making gued before the Supreme Court. Sky-high than some other circuits, there is good nominations to ensure that the judicial stack of professional accolades. ‘‘Unani- reason for that. The DC Circuit’s case- business of the American people gets mously Well Qualified’’ ABA Rating. Seven Solicitors General support her nomination to load is different because of the substan- done over time, long after that Presi- dent leaves office. That is how our sys- the D.C. Circuit. tial docket of complex administrative But somewhere in that rocket-propelled agency appeals. tem works. I supported two of President Bush’s career, Pattie fell in love with a Sailor. And In fact, statistics published by the became a mom. And earned a black belt. All Judicial Conference of the United DC Circuit nominees, John Roberts and while living a genuine, intentional, faith- States show that—without counting Thomas Griffith, and I supported clo- based life of success. And these qualities and immigration appeals—43 percent of DC ture on a third, Brett Kavanaugh. I experiences, even more than her legal fame, Circuit cases were administrative ap- supported other controversial Bush cir- are what make her the complete package. peals. The average in all other circuits cuit court nominees, sometimes to the Her long-time friend and fellow appellate chagrin of many on my own side. I did attorney Tom Goldstein knows that all too combined is only 1.7 percent. That is a well: ‘‘Pattie is an outstanding talent, an in- huge difference. so because I believed those nominees were qualified and could be fair. I be- credibly hard worker, and the best legal If you look at the published opinions writer I have ever had the good fortune to from the first six months of this year, lieve very deeply that the judiciary is work with. But her success comes from a the DC Circuit’s published cases took too important to play partisan games complete commitment to a core set of val- just as long—and in many cases with. That is exactly what is going on. ues, to family, God, and country that really longer—than did the published deci- Why should I continue, as a member of drive all of her decisions.’’ sions of many other circuits. The me- the Judiciary Committee with the sec- Pattie met Bob King in 1995, in Wash- dian time from filing to disposition is ond most seniority, when the adminis- ington, D.C., while he was serving at the Pentagon in the U.S. Navy. They met at a 11.8 months—28 percent above average tration changes, to step out and support any new Republican’s nominees? I Washington Street United Methodist Church among the circuits. singles event Bob reluctantly attended at And, many of those DC Circuit cases have done it in the past. I hoped to the urging of his roommate. Bob knew right involved highly complex administra- break this deadlock of partisanship. I away that Pattie was the one; he felt like tive appeals with important questions had hoped we could vote when a nomi- they had been together forever because their of Federal law and regulation. nee is qualified regardless of party. core values were so in step from the very be- Chief Justice Roberts wrote about This nominee, if a motion to close off ginning. Bob and Pattie were married a year this in a 2006 law review article called debate is not granted, shows me that later in June 1996, in the same church where What Makes the DC Circuit Different? the atmosphere is such that this can they had first met. Three years later, when it looked like He cited the Court’s jurisdiction to re- never be the case and that I, as some- Bob’s next assignment would send him far view decisions of numerous important one on the Judiciary Committee who from Pattie, they made the decision that agencies, such as the FCC, the EPA, has been willing to cross party lines to Bob would transition to the Navy Reserves, the NLRB, the FTC, and the FAA. And vote for a qualified nominee, should where he served until his retirement in 2012. he wrote: ‘‘Whatever combination of cease and desist in this regard. That is Commitment to family is a top priority for letters you can put together, it is like- the message of this nominee to me. Bob and Pattie, who work together to make ly that jurisdiction to review that Think of this woman and her history: their children David and Elizabeth the cen- agency’s decision is vested in the Cir- Army wife, mother of two, appellate ter of their lives. lawyer, Solicitor General’s office, and Like so many other military spouses, Pat- cuit.’’ tie did the job of two parents while Bob was And, as former DC Circuit Judge Pa- the tenth greatest number of Supreme away on reserve duty, and eventually in 2004 tricia Wald wrote in the Washington Court appearances in the last 12 years. he was called on to deploy. ‘‘It was really Post, ‘‘These cases can require thou- She is going to be denied, and no one hard for her, working sixty hour weeks and sands of hours of preparation by the has cast any blemish on her academic keeping our family together in my absence

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7702 CONGRESSIONAL RECORD — SENATE October 31, 2013 with a three-year-old and six-year-old to Pattie has been involved with for many Millett to be a U.S. circuit court judge handle at home,’’ he says. ‘‘But she did an years. Each week, Pattie coordinates fruit for the District of Columbia Circuit. I amazing job!’’ and vegetable deliveries, organizing volun- do so because I believe that neither During Bob’s nine-month deployment, Pat- teers for pick-ups and drop-offs to make sure candidate should be affirmed by the tie was still working at the Solicitor Gen- the shelters have fresh produce to serve. eral’s office and handled a heavy Supreme Hyland Hunt says Pattie’s family has a well- Senate at this time. Court caseload. She argued one Supreme known tradition of serving dinners together I have been privileged many times to Court case and briefed five more while jug- at one of the homes, called Hypothermia be a part of groups of Senators who gling her solo-parenting duties. Tom Gold- Shelter. were able to come together and nego- stein says through it all, he never saw Pattie Pattie, Bob, and the kids love to do things tiate agreements to end the gridlock complain about these sacrifices for her coun- together. In fact, Bob says spending time, all surrounding nominees, avert the nu- try. four of them together, is Pattie’s favorite clear option, and allow the Senate to ‘‘She was proud of Bob’s service, and was thing to do. That’s why, many years ago completely committed to her family as her when their daughter joined her older brother move forward with our work on behalf first priority.’’ Pattie might have made it in taekwondo lessons, Bob and Pattie de- of the American people. My work in look easy, but her associate Hyland Hunt cided to start taking lessons, too. these groups—often referred to as knows differently. Hyland, also a military ‘‘We wanted something to do together that ‘‘gangs’’—has won me both praise and spouse, has been working with Pattie at was active,’’ says Bob. ‘‘It is a fun family ac- condemnation and has often put me at Akin Gump for two years. tivity, but it also teaches each of us basic odds with my party. ‘‘Pattie has been a tremendous encourage- self-defense skills, which are very impor- In 2005 when the Republicans were in ment to me,’’ says Hyland. ‘‘Other things tant.’’ Now, all four of them are black belts; the majority and we were about to ex- pulling at us can sometimes make it very in fact, Pattie is a second degree black belt, hard to focus on work, but watching Pattie surpassing her husband and nearly catching ercise a nuclear option on President helps me know that it can be done.’’ But it up to her son David’s third degree belt. Bush’s judicial nominees who were doesn’t just happen. ‘‘If Pattie has taught Pattie’s colleagues say unequivocally that being filibustered by the other side me anything, it’s that you have to live in- her passion for the law takes a backseat to that was in the minority, part of the tentionally in each part of your life.’’ her husband and their two children. Main- agreement addressed future nominees, Pattie served as a mentor for Hyland on taining balance between family and a de- an agreement which has held all these the law, but has also been a sounding board manding legal field is probably also one of years. I quote from the agreement: as she navigates the difficult choices mili- her greatest career challenges. But she has a tary spouses have to make when balancing champion in her biggest fan, her husband. Signatories will exercise their responsibil- career and a spouse’s military service. Help- ‘‘Seventeen years is no short amount of ities under the Advice and Consent Clause of ing others is a practice familiar to those who time, but I have loved every minute with the United States Constitution in good faith. know her, as Pattie is held in high esteem as her,’’ he says. ‘‘She still amazes me with how Nominees should only be filibustered under much for being a good person as for being a she can juggle everything and keep her san- extraordinary circumstances, and each sig- good lawyer. ity.’’ natory must use his or her own discretion ‘‘Pattie is a really good human being,’’ From her very first Supreme Court argu- and judgment in determining whether such says Judge Thomas Ambro of the Third Cir- ment, Bob wanted to be in the gallery cheer- circumstances exist. cuit Court of Appeals. ‘‘And, as everyone ing Pattie on. But Pattie refused. ‘‘I don’t As to both of the nominees we are knows, she’s in the first rank of appellate want you to see me crash and burn!’’ she considering today, I find and it is my practitioners in this country.’’ Judge Ambro would say, although Bob knew that she cer- judgment as a Senator that extraor- met Pattie in 2000, when a friend suggested tainly would not. she would make a good addition to an appel- It took Bob five years to convince Pattie dinary conditions exist. The agree- late panel he was working on. The success of to let him come watch her argue, and when ments I have entered into, including to the first panel led to many more, and Pattie she finally agreed, Bob was blown away. begin on the motion to proceed, includ- now speaks to Judge Ambro’s Georgetown Now, Bob goes to watch her every chance he ing last July on the NLRB nomina- undergraduates each year about how to man- gets. ‘‘I’ve seen four or five arguments now, tions, have all included preserving the age all of the things tugging at their time and I’m just amazed every time because you right of individual Senators to exercise and balance. It’s a message that really reso- have to be so fast on your feet! I could never their rights. nates with them. do that. She’s one of the best! I know I’m not ‘‘[She] combines talent, hard work, judg- objective on that, but it’s true!’’ If we go to the nuclear option—which ment, and focus; she’s the complete pack- Watching Pattie before the Supreme Court, I understand some of my colleagues are age,’’ Judge Ambro notes. ‘‘And she does it Bob says it is clear she has earned the re- now frustrated to the point where they all without being nasty.’’ spect of the Justices. ‘‘They know what they would like to—meaning that 51 votes ‘‘The thing that amazes me, knowing how will get when Pattie comes before them, be- will now determine either nominees or much stress she is under, is that she is in- cause she is always prepared.’’ That might be other rules of the Senate, we will de- credibly kind and unfailingly humble and an understatement. stroy the very fabric of the Senate; Before an argument, Pattie spends weeks gracious,’’ says associate Hyland Hunt. ‘‘You that is, that it requires a larger than never hear her snap at opposing counsel. She studying the record, going through moot keeps an equanimity that is remarkable.’’ court arguments until she knows her case in- numerical majority in order to govern. For Pattie, this kindness goes hand in side and out. Tom Goldstein calls Pattie a I understand the frustration of my hand with her and Bob’s core principles. ‘‘ferocious preparer, committed to leaving no colleagues on the other side of the From that first fateful day when Bob and stone unturned, and thinking of every pos- aisle. It is interesting that well over Pattie met at Washington Street United sible nuance and counter argument to the half of my colleagues in the Senate Methodist, they have been committed to put- counter argument.’’ Says Hyland Hunt, ‘‘It have been here less than 6 or 7 years. ting service and faith at the center of their always amazes me how she can digest and The majority of my friends on the family. know the record,’’ but Pattie’s is the kind of ‘‘We firmly believe that we are here to knowledge that comes from plain and simple other side have not been in the minor- serve,’’ Bob says, ‘‘and we are very inten- diligence. ity. The majority of my colleagues on tional about teaching that to our children.’’ Pattie’s hard work, focus, and tenacity this side have not been in the majority. Today, the whole family is involved in var- have made her a great advocate. Her kind- I have been in both. When this side was ious ministries. David worked on the High- ness, wisdom and graciousness have made in the majority, I watched how out of land Support Project in Guatemala, bringing her a highly respected professional. But her frustration we wanted to curtail the 60- running water to remote areas. Elizabeth’s strong center, built on family, faith, and vote criteria and go to 51 because we service started when she raised $1,800 selling service make her the complete package. lemonade to raise money for children living Military spouses forging their own careers were frustrated over the appointment in a garbage dump in Cambodia. And both can learn a lot from Pattie’s example. What- of judges. That was back in 2005. I kids have been on mission trips to West Vir- ever our professional pursuits, true success watched my colleagues on the other ginia, where they worked with the Jeremiah starts at the core; build a strong one, then side want to go to 51 votes because of Project to help repair and rebuild low-in- hold on to it tightly. their frustration over the motion to come housing. Next summer, says Bob, they Mrs. FEINSTEIN. I yield the floor. proceed. I have watched and under- are very excited to be going on a mission trip The ACTING PRESIDENT pro tem- stand the frustration the majority feels together for the first time, working with the pore. The Senator from Arizona. because they feel it is their obligation White Mountain Apache Tribe in Ft. Apache, Arizona. Mr. MCCAIN. I will be opposing clo- to make this body function efficiently. The project most near and dear to Pattie’s ture on the nominations of Melvin The truth is, this body does not func- heart is Mondloch House, a group of home- Watt to be the Director of the Federal tion efficiently nor was it particularly less shelters for families and individuals that Housing Finance Agency and Patricia designed to. Is there more gridlock

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7703 than there used to be? In many re- have a conversation about what is discussion, but the idea that we are spects, yes. And I believe with all my going to happen in the next couple of going to somehow change the rules heart that what we just did to the days and I am always willing to do midstream seems inappropriate. If American people in the shutdown of that. there is a legislative reason why we the government may motivate col- The ACTING PRESIDENT pro tem- should change the DC Circuit Court leagues of mine on this side as well as pore. The Senator from Virginia. from 11 to some fewer number of the other side not to do this kind of Mr. WARNER. Mr. President, I also judges, that ought to be fully debated, thing again. Our approval rating with to want speak to the judicial nomina- but we should not hold up the con- the American people has sunk to all- tion, but I want to first respond as well firmation of an individual whose cre- time lows and they are going to see an- to the Senator from Arizona. Let me dentials I believe are impeccable. other expression of gridlock when we first of all say there are few people in Ms. Millett currently chairs the Su- take these votes today. But the cure is this body I have more respect for, and preme Court practice at Akin Gump. going to have repercussions for genera- there are few people in this body who She went to the University of Illinois tions to come in this body. have time and again shown the polit- and Harvard Law School. She clerked There is no reason to have a House ical courage he has to put country on the U.S. Court of Appeals for the and Senate if we go to a simple 51-vote ahead of party. I share a lot of his Ninth Circuit, and she worked on the rule in this body. My colleagues should views. It is odd, but I feel sometimes appellate staff of the civil division of understand that someday—someday— that I work in the only place in Amer- the U.S. Department of Justice. this side of the aisle will be in the ma- ica where being a gang member is con- She has spent over a decade in the jority and this side of the aisle will feel sidered a good thing. U.S. Solicitor General’s office, serving frustration, as we did once before when I have not served here during these both Democratic and Republican ad- we were in the majority because of times when my party was in the minor- ministrations. During her time there blockage from the other side of the ity, and intellectually I understand she was awarded the Attorney Gen- aisle. Senator MCCAIN’s point, but I guess eral’s Distinguished Service Award, I urge patience on the part of the ma- what I can’t understand and what I and as has been mentioned by my other jority leader. I urge patience on the can’t explain to the folks all across colleagues, during her career she has part of my colleagues on the other side Virginia when they ask me: Why can’t argued 32 times before the Supreme of the aisle. Most of all I urge the kind you guys get anything done, is that on Court, which until recently was the of comity between leadership on both any historical basis, looking at the highest number of cases argued by any sides and individuals on both sides. number of times these procedures have woman in our history. I see the Senator from Virginia is been used in the past—and clearly they What is also remarkable—and the Senator from Arizona mentioned we here, and he has been one who has have been used by both parties—it need to move past some of these par- worked very hard to engender that in seems at some point, while the rights tisan divisions—is that this is an indi- this body. Can’t we work some of these of the minority need to be protected, vidual who is supported by both Demo- things out without having a showdown there has to be some level of common agreement for not exercising these crats and Republicans. on this floor every single time? I ask unanimous consent to have This dispute won’t affect the Amer- tools to the extent they have been so printed in the RECORD a letter indi- that this institution becomes so dys- ican people. What we just did in the cating that support. shutdown certainly injured the lives functional we allow ourselves to do There being no objection, the mate- and well-being of millions of innocent something that in my tenure both in rial was ordered to be printed in the Americans. Maybe we have learned public and private life was never as RECORD, as follows: from that, but I urge my colleagues to stupid as what we did during the first 3 JULY 3, 2013. weeks of October. understand the votes being taken on Hon. PATRICK LEAHY, these two issues are in keeping with So I do appreciate the Senator’s com- Chairman, Committee on the Judiciary, Dirksen the agreement I joined in with 13 of my ments. And although I now want to Senate Office Building, U.S. Senate, Wash- colleagues, Republican and Democrat, speak to the extraordinary qualifica- ington, DC. back in 2005. That agreement stated tions of Patricia Millett, someone from Hon. CHARLES GRASSLEY, that ‘‘signatories’’—those who made Virginia, I wanted to state that I be- Ranking Member, Committee on the Judiciary, the agreement—‘‘will exercise their relieve in the Senator’s good faith and I Dirksen Senate Office Building, U.S. Sen- sponsibilities under the advice and con- also hope we can avoid the kind of fur- ate, Washington, DC. DEAR CHAIRMAN LEAHY AND RANKING MEM- sent clause of the United States Con- ther breakdown that would further dis- BER GRASSLEY: We are former Solicitors Gen- stitution in good faith.’’ appoint the American people. I thank eral of the United States, and we write in In good faith. I am acting, with my him for his comments. support of the nomination of Patricia Millett vote, in good faith. I do want to take a couple of mo- for a seat on the United States Court of Ap- I see my friend the majority leader ments to talk about something other peals for the District of Columbia Circuit. on the floor of the Senate, and I hope Senators have come out to speak on, Each of us has substantial first-hand knowl- he understands this action is being and that is the nomination the Presi- edge of Ms. Millett’s professional skills and dent has made of a fellow Virginian, personal integrity. It is our uniform view taken in good faith. But I also under- that she is supremely qualified for this im- stand the frustration my friend the Patricia Millett, to be part of the U.S. portant position. majority leader feels. So I urge my col- Court of Appeals for the DC Circuit. Ms Millett served for 15 years in the United leagues, when we get through this, to I have had the opportunity as Gov- States Department of Justice—first as an ap- sit down, have some more conversa- ernor to appoint people to the bench, pellate attorney in the Civil Division during tions and negotiations so we can avoid and I took that responsibility very se- the George H. W. Bush Administration and this kind of cliff experience which has riously in terms of reviewing the quali- then for 11 years in the Solicitor General’s fications of the candidates. I had the office, during the Clinton and George W. earned us the strong, profound, and Bush Administrations. Since leaving the De- well-justified disapproval of the Amer- opportunity as a Senator to rec- partment, she has co-led and then led the Su- ican people. ommend individuals to the courts for preme Court practice at Akin Gump. Over Mr. President, I yield the floor. the President’s consideration, and I the course of her distinguished career, Ms. The ACTING PRESIDENT pro tem- can’t think of a candidate who brings Millett has argued 32 cases in the Supreme pore. The majority leader. more qualifications, more evidence of Court and many more in the courts of ap- Mr. REID. Mr. President, very brief- bipartisan support, more deserving of peals—in matters that span a broad range of ly, I want to respond to my friend from appointment, than Patricia Millett. federal-law issues, from constitutional chal- Arizona. We all know the DC Circuit plays an lenges to administrative review, statutory- I have worked with the senior Sen- incredibly important role in our judi- interpretation disputes, and commercial and criminal law questions. With deep experience ator from Arizona on many things over cial system. We also know the court in both private and government practice, she these many years we have been in Con- currently has 3 of its 11 seats vacant. I will bring an appreciation of both sides of gress together, and I heard what he recognize that in the past this court the many important disputes before the Dis- said. I appreciate his suggesting we has been the focus of some debate and trict of Columbia Circuit.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7704 CONGRESSIONAL RECORD — SENATE October 31, 2013 Within the Bar, Ms. Millett has been a Roberts—who is now, obviously, our Nation. Ms. Millett’s husband was de- leader among her peers, and a mentor to Supreme Court Chief Justice—was ployed during Operation Iraqi Free- many other lawyers, through her teaching nominated for the DC Circuit, he was dom, so she brings a unique under- visits to law schools and her work with a number of professional associations, includ- confirmed unanimously. Even though standing of veterans’ issues and the ing the Coke Appellate Inn of Court, the Su- many Democrats did not share his judi- stress of deployment on soldiers and preme Court Institute, and the Opperman In- cial views, they viewed his qualifica- their families. stitute for Judicial Administration. tions as impeccable. I know there have been issues raised Ms. Millett has a brilliant mind, a gift for I heard constantly the same from my regarding the caseload for the DC Cir- clear, persuasive writing, and a genuine zeal colleagues on the other side, that this cuit. These issues do not concern me. for the rule of law. Equally important, she is is not a question of Ms. Millett’s quali- With respect to the size of the DC Cir- unfailingly fair-minded. We understand there is an ongoing debate fications. Why should this individual cuit, Congress removed a seat under about the optimal number of active judges be denied her appropriate representa- the Court Security Improvement Act of for the District of Columbia Circuit, and this tion on the DC Court of Appeals? So I 2007. Today, three of the DC Circuit’s letter takes no position on that issue. But if hope, my colleagues, that we can avoid eleven existing seats are vacant. And additional judges are to be confirmed, we further threats and counterthreats. three other circuits currently have think Ms. Millett’s qualifications and char- Let’s vote this individual based upon lower caseloads per active judge than acter make her ideally suited for a position her qualifications. On any indication of the DC Circuit. Yet, just this year, the on that distinguished Court. Please do not Senate confirmed nominees to two of hesitate to contact any of us if you have any qualifications, Patricia Millett is ably questions. qualified, uniquely qualified to serve these other circuit courts—the Eighth Sincerely, on the DC Circuit Court of Appeals, and Tenth Circuit. KENNETH W. STARR, and I urge my colleagues to vote for As Governor of Virginia, I chose two (Solicitor General, her confirmation. members of the Supreme Court of Vir- 1989–1993). I yield the floor. ginia and have thought deeply about DREW S. DAYS III, Mr. KAINE. Mr. President, I strongly qualities that make for a strong appel- (Solicitor General, support the nomination of Pattie late judge. I believe Ms. Millett is su- 1993–1996). Millett, of Alexandria, VA, to the perbly qualified for a position on the WALTER E. DELLINGER, United States Court of Appeals for the (Acting Solicitor Gen- DC Circuit Court of Appeals. I hope the eral, 1996–1997). DC Circuit. Ms. Millett is extremely Senate invokes cloture on her nomina- SETH P. WAXMAN, well qualified for this position, in tion today, and that she is confirmed (Solicitor General, terms of her legal expertise, experi- for a position on the DC Circuit. 1997–2001). ence, character, and integrity. The Mrs. MURRAY. Mr President, I wish THEODORE B. OLSON, Senate should invoke cloture on and to speak briefly about an outstanding (Solicitor General, confirm her nomination. candidate nominated to serve on the 2001–2004). As one of the Nation’s leading appel- United States Court of Appeals for the PAUL D. CLEMENT, late lawyers, Ms. Millett possesses re- District of Columbia Circuit. On June (Solicitor General, 2005–2008). markable legal expertise in this area. 4, 2013, President Obama nominated Pa- GREGORY G. GARRE, She has litigated appellate cases exten- tricia Millett to be a United States Cir- (Solicitor General, sively, including 32 arguments and cuit Judge. 2008–2009). many briefs before the U.S. Supreme Patricia’s qualifications to be a Mr. WARNER. Ms. Millett served Court, and 35 arguments spanning 12 of United States Circuit Judge are impec- seven former Solicitors General from the Federal Circuit Courts of Appeal cable. She is a graduate of Harvard all ends of the political spectrum. In (including the DC Circuit). Her cases Law School and the University of Illi- the letter I just referred to, her nomi- have spanned the spectrum of legal nois at Urbana-Champaign. Patricia nation is supported by Democrats such issues that the DC Circuit confronts, practiced at Miller & Chevalier and as Walter Dellinger as well as Repub- including constitutional law, adminis- worked as a law clerk for Judge Thom- licans such as Ted Olson and Ken trative law, civil and criminal proce- as Tang, on the Ninth Circuit Court of Starr. dure, commercial disputes, national se- Appeals. Following 4 years in the ap- She has also been recognized by the curity, and civil rights. Ms. Millett pellate section of the Department of National Law Journal as one of the also has many years of experience in Justice’s Civil Division, Patricia hundred most influential lawyers in the public sector, having worked in the served as assistant to the Solicitor America, and has received the endorse- Office of the Solicitor General for over General for more than a decade. ment of the American Bar Association. 11 years, and in the Appellate Section, After her public service, Patricia As mentioned by the Senator from Civil Division of the Department of joined Akin Gump Strauss Hauer & California already, she has a remark- Justice for 4 years. It’s important to Feld LLP, where she heads the firm’s able personal story as well. She is ac- note that her service to the United Supreme Court practice and is co-lead- tive in our community in Virginia, she States was bipartisan, spanning both er of its national appellate practice. is a resident, and actually attends Democratic and Republican adminis- She has extensive experience arguing church in my home city of Alexandria. trations. cases before the Supreme Court—32 in We saw earlier the picture of her and Ms. Millett graduated from Harvard all and is without question one of the her husband, and as was mentioned be- Law School, magna cum laude, in 1988 Nation’s leading appellate lawyers. fore a picture is worth a thousand and she clerked for the Honorable Patricia’s experience, education, and words. Her husband was deployed a Thomas Tang of the U.S. Circuit Court character have earned her praise from number of times as a naval reservist in of Appeals for the Ninth Circuit for 2 colleagues and clients alike. Following Operation Iraqi Freedom, and earlier years. her nomination, the American Bar As- this month the Military Spouse J.D. I believe Ms. Millett possesses the sociation rated her unanimously well Network recognized Ms. Millett for her character and integrity necessary for a qualified to serve as a United States professional service and for her service nomination of this caliber. She is an Circuit Judge. as a spouse of an Active-Duty partici- active member of Aldersgate United Patricia is also a military spouse, pant. Methodist Church, where she teaches having steadfastly stood by her hus- So this incredible lawyer, this incred- Sunday school and visits the hospital- band’s side as he served his country in ible community servant, this indi- ized and home-bound. For many years uniform for 22 years. As she awaits vidual who has the support of both Re- she has also participated in the Hypo- Senate confirmation, I am proud to say publicans and Democrats, should not thermia Homeless Shelter, which oper- Patricia’s nomination is supported by be denied her appointment to the DC ates during the winter months on the Blue Star Families, by veterans, and Circuit. Route 1 corridor in Alexandria, pre- active-duty members of the Armed Again, I have not been here when we paring meals. Forces, who today stand with her as were in the minority, but as has been As a military spouse, Ms. Millett and she prepares to serve her country once mentioned time and again, when John her family have also sacrificed for our more. Their support is a testament to

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7705 Patricia’s character and to the integ- pect more from us. They deserve more this good man. I feel so elated that he rity with which she will serve as a fed- from us. is going to be here. Of course, I loved eral judge. I urge my colleagues to set aside par- Frank Lautenberg. We served together I rise today to not only speak in tisanship and politics and allow an up for all those many years. But we are strong support of Patricia’s nomina- or down vote on Patricia’s nomination. going to find that CORY BOOKER is tion, but also to decry the decision by Through her distinguished career and going to be a great asset to this Nation Senate Republicans to once again play public service, Patricia Millett has and to the Senate. politics with President Obama’s nomi- earned not only our admiration and re- He has had a tough time the last few nees and to place partisanship above spect, but our support. Join me in sup- months. His parents moved to Las all else. porting this nominee who is eminently Vegas in early August. And as things I rise today because my colleagues in qualified to serve as a United States happen in life, his dad was stricken the minority have declared it unneces- Circuit Judge. with a very violent stroke. His aunt sary to fill the three vacancies on the Ms. HIRONO. Mr. President, I rise to lives there, his mom’s sister. She is a DC Circuit, including the seat to which speak in support of the nomination of retired dentist from California. I was Patricia has been nominated. The Sen- Patricia Millett to be a Circuit Judge there because of the August recess and ate Republicans on the Judiciary Com- for the United States Court of Appeals I had the good fortune of meeting all mittee propose eliminating the 9th, for the District of Columbia Circuit. three of them. His dad, of course, was 10th, and 11th seats on the DC Circuit, As my colleagues have noted, Patri- not able to communicate and, sadly, he rather than confirming nominees put cia Millett will bring a wealth of expe- died not too long after that. But this forward by this President. Now, of rience and skill to the bench. She is a was right before his election was com- course, my Republican colleagues dis- nationally recognized appellate attor- pleted, and it was very difficult for pute any partisan motivation. Instead, ney. She has argued 35 cases in nearly Senator-elect Booker going to Nevada, they claim a diminished caseload on all of the Federal appellate courts and campaigning with all the national pub- the DC Circuit simply does not warrant 32 cases at the Supreme Court. Patricia licity he had in that election, but he, confirmation of President Obama’s Millett is unquestionably qualified to during this time of fire, did extremely nominees. This might be a persuasive serve as a judge on the DC Circuit well. I am very proud of him. argument were it not belied by Senate Court. He had a demanding year, no doubt, Republicans’ confirmation of President I am proud to serve on the Senate with all the things he was doing and Armed Services and Veterans’ Affairs Bush’s nominees to these same seats his deciding to run for the Senate. But Committees, and I have been moved by and by the fact that the DC Circuit he traveled to Nevada on various occa- Patricia Millett’s experience as part of caseload has been consistent over the sions, as I indicated, to be with his a military family. past decade and has even increased in Her husband, Robert King, served in family and to support them. This qual- recent years. the Navy and as a Navy reservist until ity he has was apparent early in life— In fact, when John Roberts, now his retirement last year. In 2004, he was his love of family and dedication to his Chief Justice of the Supreme Court, deployed to Kuwait as part of Oper- parents, now especially his mom, who last held the seat Patricia would oc- ation Iraqi Freedom, and was called up is going to be here today. He is not cupy, his caseload was lower than the again in the fall of 2009 for Afghani- only a devoted son but a brilliant pending caseload Patricia will encoun- stan, while Patricia cared for their 2 scholar and a dedicated public servant. ter on her first day as a judge. Let me children, maintained the household, Think about this man’s academic be clear, the fight over this confirma- and continued her career, arguing be- record: Stanford undergraduate, senior tion has nothing to do with Patricia— fore the Supreme Court. class president at Stanford. That fine instead it has everything to do with Patricia and her husband have faced institution also allowed him to study the fact that a Democrat, rather than a what so many military families have, even more there and he earned a mas- Republican, now controls the White the difficulties of deployment, the ter’s degree in sociology, which has House. My colleagues on the other side challenges of separation and single par- served him well in the work he has of the aisle are doing everything they enting at home, and the process of re- done. His having this advanced degree can to prevent confirmation of this integration when a servicemember rein sociology helped him in his work President’s nominees. turns. They have shown the deepest with the people of the State of New Truly, the stakes are too high for commitment to serving our Nation. Jersey and the city of Newark. But this type of political gamesmanship, Patricia Millett will bring these im- with him, one Stanford degree wasn’t The DC Circuit is often called the sec- portant experiences and the devotion enough; he got two. And then, if that ond most important court in the to this country unique to military fam- weren’t enough—and it wasn’t—he was United States, and for good reason. The ilies with her to the bench, a vital con- chosen to be a Rhodes scholar and then DC Circuit handles some of the most tribution to the DC Circuit given the got another advanced degree at Oxford. complicated cases that enter the Fed- distinct role it plays in adjudicating If that wasn’t enough, he went to eral court system, and its decisions military and defense issues. Yale Law School. This is quite a touch the lives of Americans each and Much of Patricia’s life has been de- record. He has been a city councilman every day. From decisions affecting our voted to public service, and her desire and mayor for more than a decade. He clean air and water, to decisions hav- to serve as an appellate judge for the has lived with his constituents and ing broad implications for labor rela- important DC Circuit is a reflection of kept in touch with them like no mayor tions, elections, and how we interpret that commitment to serve in the public with whom I have ever come in con- and apply the Americans with Disabil- interest. I am disappointed that our tact. We are so fortunate to have him ities Act—decisions by the DC Circuit colleagues have blocked a vote to con- here. He has been with his constituents impact not only the quality of our lives firm Ms. Millett. I urge Senators to rein the inner city of Newark. I commend today, but also our children’s lives to- consider and support her nomination. him for his dedicated service to the morrow. The PRESIDING OFFICER (Ms. people of New Jersey and the people of Most importantly for our men and BALDWIN). The majority leader. Newark. women in uniform, for our veterans, SENATOR-ELECT CORY BOOKER Part of his job was to highlight the and for their families, the DC Circuit Mr. REID. Madam President, in a few difficulties of working poor families, has jurisdiction over the Department minutes we are going to have the good and he did that and he did it very well. of Defense and the Department of Vet- fortune of welcoming a fine young man He has done everything he can to high- erans Affairs. Its decisions matter to to be the next Senator from the State light to everyone who would listen to our servicemembers, to our veterans, of New Jersey. I trust that serving in him and watch him to indicate that and to their families—which is why it the Senate will be among the most re- many Newark residents are struggling is shameful that Senate Republicans warding experiences of his life, and he to know where their next meal will would rather play politics than allow a has had many of them. come from. At a time in the history of clean up or down vote on Patricia’s I urge my fellow Senators, Demo- this country when we have so many nomination. The American people ex- crats and Republicans, to get to know people needing so much, where the rich

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7706 CONGRESSIONAL RECORD — SENATE October 31, 2013 are getting richer and the poor are get- EXECUTIVE SESSION Collins Hoeven Reid Corker Isakson Risch ting poorer and the middle class is Cornyn Johanns Roberts being squeezed, we are very fortunate Crapo Johnson (WI) Rubio to have this good man in the Senate. I NOMINATION OF MELVIN L. WATT Enzi Kirk Scott am confident he will treasure his Fischer Lee Sessions TO BE DIRECTOR OF THE FED- Flake McCain Shelby memories in this historic legislative ERAL HOUSING FINANCE AGEN- Graham McConnell Thune body and serve his Nation and State CY—Continued Grassley Moran Toomey with distinction. Hatch Murkowski Vitter I suggest the absence of a quorum. Mr. REID. Mr. President, it is my un- Heller Paul Wicker derstanding we are going to move now The PRESIDING OFFICER. The NOT VOTING—2 clerk will call the roll. to the nomination of Mr. WATT. I yield Cruz Inhofe Mr. REID. I ask unanimous consent back the time for the majority and the that the order for the quorum call be Republicans. The VICE PRESIDENT. On this vote rescinded. The VICE PRESIDENT. Without ob- the yeas are 56, the nays are 42. Three- The VICE PRESIDENT. Without objection, it is so ordered. The time is fifths of the Senators duly chosen and jection, it is so ordered. yielded back. sworn having not voted in the affirma- Mr. REID. Before we have this cere- CLOTURE MOTION tive, the motion is rejected. mony, I wish to say one thing about Under the previous order, the cloture The majority leader. CORY BOOKER. I have talked about his motion having been presented under Mr. REID. Mr. President, I enter a great academic record. But for me, a rule XXII, the Chair directs the clerk motion to reconsider the vote by which frustrated wannabe athlete, his most to read the motion. cloture was not invoked on the Watt impressive qualification, as far as I am CLOTURE MOTION nomination. concerned, is that he was a tight end We, the undersigned Senators, in accord- The VICE PRESIDENT. The motion for one of the great Stanford football ance with the provisions of rule XXII of the is entered. teams. Standing Rules of the Senate, hereby move to bring to a close debate on the nomination f f of MELVIN L. WATT, of North Carolina, to be Director of the Federal Housing Finance CERTIFICATE OF ELECTION Agency. NOMINATION OF PATRICIA ANN The VICE PRESIDENT. The Chair Harry Reid, Tim Johnson, Mark Begich, MILLETT TO BE UNITED STATES lays before the Senate a Certificate of Patrick J. Leahy, Christopher A. CIRCUIT JUDGE FOR THE DIS- Coons, Martin Heinrich, Patty Murray, TRICT OF COLUMBIA Election to fill the vacancy created by Bernard Sanders, Jeanne Shaheen, the death of Senator Frank Lautenberg Benjamin L. Cardin, Al Franken, CLOTURE MOTION of New Jersey. The certificate, the Sherrod Brown, Tom Harkin, Jack The PRESIDING OFFICER (Ms. Chair is advised, is in the form sug- Reed, Thomas R. Carper, Sheldon BALDWIN). Under the previous order, gested by the Senate. If there is no ob- Whitehouse, Bill Nelson, Charles E. the clerk will report the motion to in- jection, the reading of the certificate Schumer. voke cloture. The VICE PRESIDENT. By unani- will be waived and it will be printed in CLOTURE MOTION full in the RECORD. mous consent, the mandatory quorum There being no objection, the mate- call has been waived. We, the undersigned Senators, in ac- rial was ordered to be printed in the The question is, Is it the sense of the cordance with the provisions of rule XXII of the Standing Rules of the Sen- RECORD, as follows: Senate that debate on the nomination ate, hereby move to bring to a close de- STATE OF NEW JERSEY of MELVIN L. WATT, of North Carolina, bate on the nomination of Patricia Ann CERTIFICATE OF ELECTION to be Director of the Federal Housing Finance Agency for a term of 5 years, Millett, of Virginia, to be United To the President of the Senate of the States Circuit Judge for the District of United States: shall be brought to a close? This is to certify that on the sixteenth day The yeas and nays are mandatory Columbia. of October, 2013, Cory Booker, was duly cho- under the rule. The clerk will call the Harry Reid, Patrick J. Leahy, Richard J. Durbin, Johb D. Rockefeller IV, Ben- sen by the qualified electors of the State of roll. New Jersey, a Senator for the unexpired jamin L. Cardin, Jon Tester, Sheldon The legislative clerk called the roll. Whitehouse, Mark R. Warner, Patty term ending at noon on the 3rd day of Janu- Mr. CORNYN. The following Senators ary, 2015, to fill the vacancy in the represen- Murray, Mazie K. Hirono, Angus S. tation from said State in the Senate of the are necessarily absent: the Senator King, Jr. Barbara Boxer, Jeanne Sha- United States caused by the death of Frank from Oklahoma (Mr. INHOFE) and the heen, Robert Menendez, Bill Nelson, Lautenberg. Senator from Texas (Mr. CRUZ). Debbie Stabenow, Richard Blumenthal Given, under my hand and the Great Seal The VICE PRESIDENT. Are there The PRESIDING OFFICER. The Sen- of the State of New Jersey, this twenty- any other Senators in the Chamber de- ator from Vermont. eighth day of October two thousand and thir- siring to vote? teen. Mr. LEAHY. Madam President, I ask The yeas and nays resulted—yeas 56, unanimous consent that there be 2 By the Governor: nays 42, as follows: CHRIS CHRISTIE, minutes of debate equally divided in [Rollcall Vote No. 226 Ex.] Governor. the usual format. [State Seal Affixed] YEAS—56 The PRESIDING OFFICER. Without Baldwin Hagan Murray f objection, it is so ordered. Baucus Harkin Nelson Mr. LEAHY. Patricia Millett is un- Begich Heinrich Portman ADMINISTRATION OF OATH OF Bennet Heitkamp Pryor questionably qualified to be the next OFFICE Blumenthal Hirono Reed judge on the DC Circuit. The Senate Booker Johnson (SD) The VICE PRESIDENT. If the Sen- Rockefeller will soon vote to end debate on her Boxer Kaine Sanders nomination and I hope that the rank ator-elect will now present himself at Brown King Schatz Burr Klobuchar partisanship that shut down our Gov- the desk, the Chair will administer the Schumer Cantwell Landrieu Shaheen ernment earlier this month will not be oath of office. Cardin Leahy Stabenow on display again with this upcoming The Senator-designee, escorted by Carper Levin Mr. MENENDEZ, advanced to the desk of Casey Manchin Tester vote. I hope the moderates who prided the Vice President, the oath prescribed Coons Markey Udall (CO) themselves in finding a solution to the Udall (NM) by law was administered to him by the Donnelly McCaskill shutdown will agree that Ms. Millett is Durbin Menendez Warner an extraordinary nominee who should Vice President, and he subscribed to Feinstein Merkley Warren the oath in the Official Oath Book. Franken Mikulski Whitehouse not be filibustered. The VICE PRESIDENT. Congratula- Gillibrand Murphy Wyden Over the last few weeks, I have heard tions, Senator. Welcome. NAYS—42 those who want to filibuster Ms. Millett make some unfounded claims (Applause, Senators rising.) Alexander Blunt Coats The VICE PRESIDENT. The majority Ayotte Boozman Coburn to justify their partisan agenda. First leader. Barrasso Chambliss Cochran they asserted that the President is

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7707 somehow packing the court by nomi- cited as a reason for not confirming court, a high-profile perch in the judiciary nating judges to vacant seats. No stu- nominees to existing vacancies in the that reviews weighty matters such as regula- dent of history can honestly say that Tenth Circuit. I hope the Senators tion of Wall Street and the environment. A lawyer who has extensive experience arguing nominating candidates to existing va- from Oklahoma, Wyoming, Utah, and cases before the Supreme Court, she has cancies is court-packing. Kansas will hold Patricia Millett to the gold-plated bipartisan credentials, having Next, they claimed that because the same standard that the circuit nomi- served in the Justice Department under the last of President Bush’s nominees to nees from their home state were held presidencies of Bill Clinton and George W. this court was not confirmed, Ms. to or which they expect to be held to. Bush. A raft of legal luminaries has endorsed Millett should be filibustered as pay- Today’s Washington Post editorial her, including conservative former solicitors back. These partisans fail to note that calls for Patricia Millett to be con- general Ted Olson, Paul Clement and Ken- neth Starr. Even conservative GOP senators by the time Peter Keisler was nomi- firmed and concludes that Republicans admit she is well-qualified. nated, four of President Bush’s nomi- ‘‘shouldn’t insist on altering the size of But instead of being judged on her merits, nees to the DC Circuit had been con- a court only when it’s a Democratic Ms. Millett may well end up a victim of a firmed. Only one of President Obama’s president’s turn to pick judges or fili- GOP campaign against allowing any more of nominees to this court has been con- buster highly qualified nominees on Mr. Obama’s nominees onto the D.C. Circuit. firmed and another has been filibus- that pretext.’’ I ask unanimous consent Though Republicans pushed to fill its 11 seats when George W. Bush was president, tered. that the editorial be printed in the they now argue that it doesn’t need more Mr. Keisler was nominated to the RECORD. than its current eight judges, and that Mr. 11th seat on the DC Circuit—and would Patricia Millett is an outstanding Obama is trying to ‘‘pack’’ the court. Some have marked the fifth time a President nominee who deserves to be treated on have backed a bill from Sen. Charles E. Bush nominee was confirmed the court her merits. No argument has been Grassley (R-Iowa) that would strip the court and the second time a Bush nominee lodged against her that would rise to of its vacancies rather than consider the was confirmed to be the 11th judge on the level of an extraordinary cir- president’s duly appointed picks to fill them. A war of dueling numbers on the D.C. Cir- the court. At that time, Democrats cumstance. If the Republican caucus cuit’s workload has ensued. Republicans in- noted the hypocrisy of Republicans finds that despite her stellar legal rep- sist that it doesn’t take as many cases as pushing to confirm a second judge to utation and commitment to her coun- other appeals courts do. Democrats respond the 11th seat on the DC Circuit after try that somehow a filibuster is war- that the D.C. Circuit must consider more they had blocked Merrick Garland’s ranted, I believe this body will need to complex cases than others. nomination in 1996 to be the 11th judge. consider anew whether a rules change But the answer doesn’t matter. Even if Re- publicans are right, they shouldn’t insist on Judge Garland’s nomination was held should be in order. That is not a altering the size of a court only when it’s a up until another judge retired and he change that I want to see happen but if Democratic president’s turn to pick judges was confirmed to be the 10th judge on Republican Senators are going to hold or filibuster highly qualified nominees on the court. Patricia Millett, however, is nominations hostage without consider- that pretext. These moves are transparently nominated to be the 9th judge. Those ation of their individual merit, drastic self-serving, and would encourage similar be- who are determined to filibuster this measures may be warranted. I hope it havior by Democrats against Republican highly qualified nominee should at does not come to that. I hope that the presidents. The recent history of the confirmation least get their facts straight. same Senators who stepped forward to process is a steady descent into unreasonable For all the discussion about the DC broker compromise when Republicans partisanship; if acted upon, the Republicans’ Circuit’s caseload, you would think shut down the Government, will decide position would be another step down. It that it had the lowest caseload of any here to put politics aside and vote on might also provoke another unnecessary bat- circuit court in the country. But you the merits of this exceptional nominee. tle over Senate rules, which could reshape would be wrong. The circuit court with I also hope the same Senators who the chamber in ways both parties would re- the lowest caseload is actually the gret. have said judicial nominees should not If Republicans are genuinely concerned Tenth Circuit Court of Appeals, which be filibustered barring extraordinary that the D.C. Circuit has too many slots alas of June 30, 2013, has 1,341 total pend- circumstances will stay true to their lotted to it, the fair way to trim it down ing appeals and 134 pending appeals per word. would be to limit future presidents from fill- active judge. In contrast, the DC Cir- Ten years ago John Roberts, Presi- ing seats that come open in the next presi- cuit has 1,479 total pending appeals and dent Bush’s nominee received a voice dential term and thereafter. In the mean- 185 pending appeals per active judge. vote by the Senate. Today President time, President Obama’s picks deserve the Despite the lower caseload on the Obama’s nominee to that same seat, same fair treatment and respect as any oth- Tenth Circuit, the Senate has contin- ers. Under that standard, Ms. Millett should Patricia Millett, is being filibustered. fly through confirmation on Thursday. ued to confirm nominees to that court What has changed in 10 years? The without any complaints from Repub- Mr. LEAHY. I yield the floor. caseload of that court under any meas- The PRESIDING OFFICER. The Sen- licans about the workload. Just this ure has remained constant or gone up ator from Iowa. past year, we confirmed Robert slightly in the past 10 years so that is Mr. GRASSLEY. Madam President, I Bacharach of Oklahoma to be the ninth just a partisan pretext. want to illustrate why this seat doesn’t judge on the Tenth Circuit and Gregory Let us treat this extraordinary nomi- need to be filled. These are the other Phillips of Wyoming to be the tenth nee based on her qualifications. Patri- circuits. The average of those other judge on the Tenth Circuit. We also re- cia Millett has honorably served this circuits is 383 caseloads. The DC Cir- cently held a hearing for Carolyn Nation for so many years and we are cuit has 149, so workload doesn’t de- McHugh of Utah to be the eleventh better off for it. I urge my fellow Sen- mand it. judge on the Circuit. And in the next ators to vote for cloture. Do not fili- Secondly, we are in a situation where few weeks, we will hold a hearing for buster this brilliant lawyer, this mili- this administration has said: ‘‘If Con- Nancy Moritz of Kansas to be the tary spouse, this exceptional nominee. gress won’t, I will.’’ He is going to do it twelfth judge on the Tenth Circuit. If There being no objection, the mate- by executive order. This is a court that Ms. McHugh and Ms. Moritz are both rial was ordered to be printed in the can rule for or against the executive confirmed, the Tenth Circuit will be at RECORD, as follows: orders of this administration. We need full strength with 12 active judges. [From the Washington Post, Oct. 30, 2013] to maintain checks and balances of the Again, in all the hearings and votes we STRIPPING A COURT AS A POLITICAL PLOY government. have had for these Tenth Circuit nomi- It would have been hard for President Also, each one of these seats costs $1 nees, I cannot recall a single instance Obama to nominate a less controversial per- million, and not just for 1 year, but where Republican senators questioned son to join the U. S. Court of Appeals for the every year for the rest of the life of the need for judges on that court. District of Columbia Circuit, the second- those judges who are serving full time. most-important court in the land. So why Some have also cited the DC Circuit’s I ask that my colleagues vote against six senior judges as a reason to fili- are a lot of Republicans probably going to vote against moving forward with Patricia this cloture motion. buster Patricia Millett’s nomination. Millett’s nomination on Thursday? Mr. LEAHY. Madam President, I ask Of course, the Tenth Circuit has 10 sen- Ms. Millett is one of three people the presi- unanimous consent that there be 2 ior judges, and yet, we never hear this dent picked to fill three open slots on the more minutes equally divided.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7708 CONGRESSIONAL RECORD — SENATE October 31, 2013 The PRESIDING OFFICER. Without Manchin Nelson Tester policy-focused legislation I am intro- objection, it is so ordered. Markey Pryor Udall (CO) ducing as a Senator. I believe it will be McCaskill Reed Udall (NM) Mr. LEAHY. Madam President, I am Menendez Rockefeller Warner a win for Massachusetts and a win for sure the Senator is concerned about Merkley Sanders Warren the Nation. But before I do so, I would costs. Yet, the same Senators blocking Mikulski Schatz Whitehouse like to comment briefly about another Murkowski Schumer Wyden Patricia Millett’s confirmation were Murphy Shaheen win last night for Massachusetts and not concerned when an unnecessary Murray Stabenow for Red Sox Nation everywhere. Behind the mighty bat of Big Papi, shutdown of the government cost the NAYS—38 taxpayers billions of dollars. the tireless and tough arms of Jon Les- Alexander Flake Portman I also note that under President ter, John Lackey, and Koji Uehara, and Ayotte Graham Reid the incredible power of the beard, this Bush, there were 11 judges on the DC Barrasso Grassley Risch Circuit Court of Appeals with a lower Blunt Heller Roberts unlikely Red Sox team took us from Boozman Hoeven Rubio last in the division to first in the caseload. Now there are 8 judges with a Burr Johanns higher caseload. The numbers are the Scott world. Coats Johnson (WI) Sessions For many of us in Massachusetts, numbers. Coburn Kirk Shelby Cochran Lee this was not just about baseball. Be- President Obama is being treated dif- Thune Corker McCain Toomey cause on Patriots’ Day, when the Sox ferently than President Bush was. Pa- Cornyn McConnell Vitter play in the morning and New England tricia Millett is being treated dif- Crapo Moran Fischer Paul Wicker comes together for a celebration, evil ferently than John Roberts was. It is visited our city at the Boston Mara- not fair, it is not an extraordinary cir- ANSWERED ‘‘PRESENT’’ —3 thon this year. cumstance, and there is no justifica- Chambliss Hatch Isakson While this team cannot bring back tion for it. NOT VOTING—4 the lives we lost or heal the wounds in- The PRESIDING OFFICER. The Sen- flicted, it did what no other team be- ator from Iowa. Boxer Enzi Cruz Inhofe sides the Red Sox can do: It reaffirmed Mr. GRASSLEY. What that doesn’t our common bond in Massachusetts, in The PRESIDING OFFICER. On this take into consideration is that there New England, and with Red Sox Nation are six senior status judges on this vote, the yeas are 55, the nays are 38, fans everywhere. court. Chief Judge Garland told us that and three Senators responded It is often said that baseball is a 1 ‘‘Present.’’ Three-fifths of the Senators their workload is the equivalent of 3 ⁄4 game of inches. But it is also a game judges. So presently there are enough duly chosen and sworn not having that can span miles, bringing people judges to go around and that would voted in the affirmative, the motion is together across entire communities equal 111⁄4 judges. There are 8 judges not agreed to. and cultures, bridging differences and there now plus the 31⁄4 that have senior The majority leader. building friendships. That is what Red status. There are plenty of reasons not Mr. REID. Madam President, I enter Sox baseball did for Boston, for Massa- to fill any more seats on this court. a motion to reconsider the vote by chusetts, and for New England this The PRESIDING OFFICER. By unan- which cloture was not invoked on the year, when we needed it the most. The imous consent, the mandatory quorum nomination of Ms. Millet. Red Sox gave us the chance to all raise call has been waived. The PRESIDING OFFICER. The mo- our hands in triumph once again to- The question is, Is it the sense of the tion is entered. gether as one. Senate that debate on the nomination VOTE EXPLANATION The Red Sox came back to win in of Patricia Ann Millett, of Virginia, to ∑ Mrs. BOXER. Madam President, I dozens of games. They never gave up. be United States Circuit Judge for the was unable to attend the rollcall vote They fought to the last pitch in every District of Columbia Circuit, shall be on the motion to invoke cloture on the game, showing the resilience that re- brought to a close? nomination of Patricia Ann Millett, of flected the response of an entire city The yeas and nays are mandatory Virginia, to be U.S. Circuit Judge for and region after the marathon tragedy, and in doing so they gave us so much under the rule. the District of Columbia Circuit. Had I more than entertainment. They gave The clerk will call the roll. been present, I would have voted us hope, something to cheer for, and The legislative clerk called the roll. ‘‘yea.’’∑ something else to talk about at a time Mr. CHAMBLISS (when his name was Mr. REID. Madam President, I ask unanimous consent that the Senate re- of deep sadness in our region. called). ‘‘Present.’’ As the song says: ‘‘Don’t worry about cess until 2 p.m., and that at 2 p.m. the Mr. HATCH (when his name was a thing, ‘cause every little thing gonna called). ‘‘Present.’’ Senate proceed to a period of morning be all right.’’ Watching the celebra- Mr. ISAKSON (when his name was business for debate only until 6 p.m. tions last night in and around Fenway called). ‘‘Present.’’ with Senators permitted to speak for and especially on Boylston Street, just Mr. DURBIN. I announce that the up to 10 minutes each. a brief distance from the marathon fin- Senator from California (Mrs. BOXER) The PRESIDING OFFICER. Without ish, reminds me of how proud I am to is necessarily absent. objection, it is so ordered. represent this great city and the Com- Mr. CORNYN. The following Senators f monwealth of Massachusetts in the are necessarily absent: the Senator Senate. from Oklahoma (Mr. INHOFE), the Sen- RECESS The Sox team that won the World Se- ator from Texas (Mr. CRUZ), and the The PRESIDING OFFICER. The Sen- ries in 2004 allowed us to release 86 Senator from Wyoming (Mr. ENZI). ate stands in recess until 2 p.m. years of disappointment. This year’s The PRESIDING OFFICER. Are there Thereupon, the Senate, at 12:59 p.m., team allowed us to cheer again after any other Senators in the Chamber de- recessed until 2 p.m. and reassembled months of mourning. For that, we con- siring to vote? when called to order by the Presiding gratulate and thank the 2013 World Se- The result was announced—yeas 55, Officer (Ms. HEITKAMP). ries champions, the Boston Red Sox. (The remarks of Mr. MARKEY per- nays 38, as follows: f [Rollcall Vote No. 227 Ex.] taining to the introduction of S. 1627 MORNING BUSINESS are printed in today’s RECORD under YEAS—55 ‘‘Statements on Introduced Bills and The PRESIDING OFFICER. The Sen- Baldwin Casey Heinrich Joint Resolutions.’’) Baucus Collins Heitkamp ator from Massachusetts. Begich Coons Hirono Mr. MARKEY. I yield back the re- Bennet Donnelly Johnson (SD) f mainder of my time. Blumenthal Durbin Kaine The PRESIDING OFFICER. The Re- Booker Feinstein King CONGRATULATING THE BOSTON publican whip. Brown Franken Klobuchar RED SOX Mr. CORNYN. Madam President, I Cantwell Gillibrand Landrieu Cardin Hagan Leahy Mr. MARKEY. Madam President, I offer my congratulations to the Sen- Carper Harkin Levin come to the floor to discuss the first ator from Massachusetts for the World

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7709 Series victory by the Boston Red Sox, Obama wants to add 3 additional new inated by a Democratic President. Yet and I know it is a happy day in his judges, is 149, almost one-third. my friends across the aisle have been State. One other sort of unique thing about condemning the DC Circuit Court with- f the DC Circuit Court of Appeals is out justification, in my view. They while many of these courts are very have been condemning it as a bastion DC CIRCUIT COURT OF APPEALS busy and, indeed, are overworked rel- of partisanship, extreme ideology. Mr. CORNYN. Madam President, I ative to the other circuit courts, the The facts do not bear that out. As I wish to return to the issue of the DC DC Circuit Court is perhaps the only said, remember, this is the same court Circuit Court of Appeals, because even court in the Nation that literally took that actually upheld the President’s though we had an earlier cloture vote a 4-month break between May and Sep- health care law as constitutional. It is where the Senate decided to continue tember of this year because they could. the same court that twice upheld the debate and not close off debate on this They did not have enough work to do, President’s executive order on embry- issue, I anticipate the majority leader so they took a break. They took 4 onic stem cell research. It is the same will bring to the Senate floor the other months off between May and Sep- court that has ruled in favor of the two nominees which have now cleared tember. Obama administration in the majority the Senate Judiciary Committee for The bottom line is that this court is of environmental cases that have come the three seats President Obama has not one that needs more judges. In before it, including ones related to the said he wants to fill and is asking for fact, one of the current members of the regulation of greenhouse gasses, eth- the advice and consent of the Senate. DC Circuit told Senator GRASSLEY, our anol-blended gasoline, and mountain- I wanted to make sure we all under- colleague from Iowa, ‘‘If anymore top removal coal mining. That does not stand exactly what this debate is judges are added now, there won’t be sound like a radical, ideological court about. At this very moment, there are enough work to go around.’’ to me. It sounds like it is a court doing plenty of U.S. appellate courts that ur- So what is this all about? Why are its job without fear or favor, in an im- gently need judges to handle their ex- my friends across the aisle ignoring the partial way, administering justice, not isting caseload. As my friend, the dis- needs of other appellate courts and engaging in crass partisanship or tilt- tinguished Presiding Officer, knows as other jurisdictions around the country ing at ideological windmills. a former attorney general, there are a that have, as the judicial administra- Of course, the critics of the court do lot of district courts around the coun- tion office terms it, judicial emer- not mention those decisions I men- try, Federal district courts, that could gencies because they have so much tioned when they are criticizing the use additional personnel because they work to do that they need help? Why court. Instead, they point to three sep- are what are called judicial emer- are my colleagues on the other side of arate rulings where the Obama admin- gencies because they have such heavy the aisle ignoring those courts where istration did not fare so well. caseloads. They need more help. So there are needs in favor of a court The first one of those was a ruling why in the world would we want to add where there is no demonstrated need? that struck down the Securities and more judges to a court that does not Here is perhaps one reason why: The Exchange Commission proxy access have enough work for them to do? That DC Circuit Court of Appeals, being lo- rule which has to do with corporate is exactly what this debate is all about. cated in Washington, DC, does have a governance. I know that sounds like a It is not about the specific nominees. It unique caseload. I would say the types lot of mumbo jumbo, but basically the is not an ideological battle that we are of cases they consider are not particu- court found that the agency had failed all familiar with so much as it is one of larly more complicated. I do not buy to conduct a proper cost-benefit anal- practical economics. that argument. Many of them are ad- ysis. We all understand what that Between 2005 and 2013, the total num- ministrative appeals, which, as the means. The statute actually requires ber of written decisions per active Presiding Officer knows, are highly the agency to conduct a cost-benefit judge on the DC Circuit declined by 27 deferential to the administration. It is analysis, but the agency did not do it. percent. From 2005 to 2013, the number usually an abuse-of-discretion stand- It ignored the letter of the law, and the of written decisions per active judge ard, which is, as I say, very deferential. DC Circuit ordered the administrative went down by almost one-third, 27 per- But the reason why the DC Circuit agency to follow the law and engage in cent. The number of appeals filed with Court of Appeals is the subject of so that kind of cost-benefit analysis. the court went down by 18 percent. much focus, whether it is a Republican The second ruling that the critics of As of September 2012, both the total President or a Democratic President, is the recent court point out came in Au- number of appeals filed with the DC because it is often called the second gust of 2012 when the court invalidated Circuit and the total number of appeals most important court in the Nation by the EPA’s cross-State air pollution decided by the DC Circuit per active virtue of its docket, the kinds of cases rule, saying it would impose massive judge were 61 percent below the na- it decides. emissions reduction requirements on tional average. You can see from this Indeed, this was a court that, before certain States without regard to the chart that has been prepared by the of- the Supreme Court held portions of the limits imposed by the statutory text. fice of the ranking member, Senator Affordable Care Act unconstitutional, In other words, when an administrative GRASSLEY, how the 13 circuit courts of actually affirmed the constitutionality agency such as the EPA issues rules appeals compare when it comes to the of the Affordable Care Act, primarily and regulations, they do not do so in a number of cases or appeals filed per ac- because they did not feel it was their vacuum or in a void. They are nec- tive judge. prerogative to hold it unconstitutional, essarily guided by the authority given In red is the DC Circuit Court of Ap- rather than—and defer to the Supreme to them and the limitations imposed peals, the lowest caseload, the fewest Court which ultimately had the ability upon them by the laws that Congress number of cases of any circuit court in to overrule old cases and reach that re- writes. They are free, within that stat- the Nation. Conversely, the 11th Cir- sult. utory mandate, to write rules and reg- cuit out of Atlanta has 778 cases or ap- But this court wields tremendous in- ulations, but they are not free to ig- peals filed per active judge. So I do not fluence over regulatory and constitu- nore them or to engage in rulemaking know why you would want to take tional matters. The truth is, I will that basically goes counter to the di- three new judges and assign them to show you a few quotes here in a mo- rection of Congress. the court with the lowest caseload per ment that Senator REID and the Presi- So in this case, one that is cited by active judge. It makes absolutely no dent hope that by adding three more some of the critics, the court held the sense. judges to the court, they can transform Clean Air Act does got give the EPA By the way, the average for the cir- it into a rubberstamp for the Obama boundless authority or unlimited au- cuit courts, all 13 circuit courts, is 383 administration agenda. thority to regulate emissions. A court cases or appeals filed per active judge; Right now there is a balance on the requiring an administrative agency to again, the average for the entire Na- court. There are four judges who were work within its legal authority I think tion being 383 appeals per active judge. nominated by a Republican President, is common sense. Otherwise, you would The DC Circuit, to which President there are four judges on the court nom- have administrative agencies free to

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There is a lot of concern unneeded judges to this critical court, the DC Circuit was reallocated to the that I have, that many people have, the second most powerful court in the Ninth Circuit in 2007. about overregulation and its damage to Nation, is he is trying to pack the If our friends across the aisle con- our economy. The very least the courts court in order to affect the outcomes. tinue to move ahead with their court- ought to do is make sure that they are I know my friends across the aisle do packing gambit, it will make this operating within their mandate and not like that term, court packing. Stu- Chamber even more polarized than it the limitations imposed upon them by dents of history remember when already is. I only hope they choose a Congress. That is what the court did in Franklin Delano Roosevelt claimed the different course. This is why we are this cross-State air pollution rule. power to appoint additional Supreme committed on this side of the aisle to By the way, Texas was caught up in Court Justices. That was held to be an stopping these nominations to these this rulemaking process without even unconstitutional court packing. But I unneeded judges in this court and mak- having an opportunity to be heard and do not know what else you would call ing sure that judges are placed where to challenge the modeling of the EPA. this, if you are going to try to jam they are needed so they can engage in Due process is a pretty fundamental three additional judges on this court a fair and efficient administration of notion in our laws, in our jurispru- that are not needed, the second most justice. dence. Texas, in that instance, was de- important court in the Nation, in order I yield the floor. nied any opportunity for basic due to change the outcome of those deci- The PRESIDING OFFICER. The Sen- process of law, another reason why the sions and to rubberstamp the adminis- ator from Michigan. court made the right ruling. tration’s expansive policies. I do not Ms. STABENOW. Madam President, I The third case that has drawn the ire know what else you would call it other wish to enter into a colloquy with my of some critics across the aisle on the than court packing. I think a fair in- great friend from Missouri, Senator DC Circuit Court of Appeals has to do terpretation or fair definition of court BLUNT. with two Presidential recess appoint- packing is when you add judges to a I wish to make a comment, if my col- ments. Every President basically has court for the explicit purpose of secur- league will excuse me. I have to say I made recess appointments, but no ing favorable rulings. am amazed to hear that we are court President has done what this President That is exactly what Democrats are packing when what we are talking has done. It violated the Constitution trying to do with these nominations. about is trying to fill three vacancies when doing so. In other words, basi- The PRESIDING OFFICER. The time on a court. I hadn’t heard that before cally President Obama said: Notwith- of the Senator has expired. with other Presidents. Hopefully, we standing the fact that the Constitution Mr. CORNYN. I ask unanimous con- can fill vacancies and try to do it in a gives advice and consent responsibility sent for an additional 2 minutes. bipartisan way. The PRESIDING OFFICER. Is there to the Senate—that is in the Constitu- f tion—the President basically in this in- objection? stance decided when Congress was Without objection, it is so ordered. COMMUNITY MENTAL HEALTH going to be in recess, for the purposes Mr. CORNYN. I wish to quote our Ms. STABENOW. Madam President, I of invoking this extraordinary power, friend Senator REID, the majority lead- very much wish to thank a great friend basically said the President was going er of the Senate. His candor is, again, and colleague, Senator BLUNT, for join- to decide when we were in recess. remarkable and very clear. He said: ing me today on the floor and in lead- Essentially, as some pundits said, ba- We are focusing very intently on the DC ership on some very important commu- sically the President was claiming an Circuit. We need at least one more. nity mental health legislation. authority to be able to appoint judges By that he means one more judge. We have an opportunity to get some- using the recess appointment power Continuing: thing done with this issue. when we are ‘‘taking a lunch break.’’ There are three vacancies. We need at least I ask unanimous consent to proceed That cannot be the law. It is not the one more and that will switch the majority. with the colloquy. law. That is what the DC Circuit Court When the court sits en banc, when all The PRESIDING OFFICER. Without said. So the DC Circuit Court said judges decide to sit on the most impor- objection, it is so ordered. President Obama’s legal rationale for tant cases, then President Obama will Ms. STABENOW. We wish to do this appointments and the role of the Sen- have a majority of nominees on that today because today marks the 50th ate in advice and consent and the con- court. They will be able to outvote the anniversary to the day that President firmation proceedings would ‘‘evis- Republican nominees on the court. John F. Kennedy signed into law the cerate the Constitution’s separation of Senator SCHUMER is complaining Community Mental Health Act. The powers.’’ about some of the cases I mentioned a good news is he signed this act. The un- That is what the DC Circuit said moment ago, and he concludes: ‘‘We fortunate news is it was the last act he about President Obama’s claim to have will fill up the DC Circuit one way or signed in his life. the extraordinary power to make re- another.’’ Today we want to recognize what cess appointments and bypass the con- I believe that the evidence is over- that has meant to so many people firmation of the Senate in the Con- whelming that the motivation at play across the country. This put in place stitution. here is one to make sure that this the ability to serve people in the com- You might wonder if the court has court becomes a rubberstamp for the munity who have mental health issues, actually been pretty evenhanded in big government policies of this admin- rather than only being in institutions, terms of its decisionmaking process, istration. That is why they are ignor- being able to serve people closer to you might wonder if it has the lightest ing appellate courts that actually need home, at home or to be able to give caseload per judge in the Nation and the help, and they are trying to stack them the opportunity to get the help there are other courts that need help a the court in the second highest court they need and still be active and suc- lot more, you might wonder what is in the land. That is why they are also cessful in the community. going on here. Why does President threatening—we heard a little bit of I think so many of us have been Obama feel so strongly, why does Sen- that today, rattling that saber once touched by mental health issues, which ator REID feel so strongly, why does again—the nuclear option to try to is part of physical—it is not mental the distinguished chairman of the Sen- confirm judges with a simple majority and physical health. I think it is about ate Judiciary Committee that I serve rather than the 60-vote cloture require- time. I know my friend would agree on feel so strongly that they want to ment under the Senate rules. that we start treating illnesses above

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7711 the neck differently than illnesses made it harder for communities and and the Senate, in 6 years, hadn’t below the neck. It is all about com- families to work with people who have talked about it in any kind of official, prehensive health care. We have all behavioral challenges, to find out the focused way. This is why Senator STA- been touched in some way. information that person does not want BENOW and I have been working to try My father went undiagnosed with a to share with them. to take advantage of the moment. bipolar disorder for 10 years when I was All of us can probably think of some In the principal piece of legislation growing up. When he finally received family where this has happened, where we have been working on, the Excel- the help he needed, the medication he someone still has an ongoing commit- lence in Mental Health Act, we also needed, he was able to work and be suc- ment to an adult son or daughter, mom have a model that works. A couple of cessful for the rest of his life. I wish to or dad, and are part of what they are different things were done. One, of make sure every family has that oppor- doing. They are paying some bills or course, was to expand the federally tunity. whatever. The information that people qualified health center concept, if they I know for President Kennedy it was would benefit from knowing is hard to wanted, to add behavioral health, and his younger sister Rosemary who was get to or the requirement that some- they could under the same rules and institutionalized in the early 1940s and body follow up on a court-ordered pro- regulations. Frankly, people would be that brought him to this issue as well cedure is difficult to enforce and make walking through the same door as their as to other passionate concerns that he that happen. neighbors. had. President Kennedy saw a way to This is one of the times when we We also created ways for community improve the lives of people such as his really need to be thinking what do we health centers—the very health centers sister living with a mental illness by need to do to make this challenging that President Kennedy’s legislation providing service in the community work better. created—to add some of the advantages and, frankly, lowering the stigma on First, it is a widespread problem, but to be in a federally qualified center, to mental health. We still have a long it is not a problem that is untreatable. be in a community mental health cen- way to go on reducing the stigma and There is one statistic I have seen from ter. understanding that it is, in most occa- the National Institutes of Mental Certainly the Senator’s efforts—and I know we both have other stories to tell sions, a physiological change in the Health: ‘‘One in four adults suffers about other things we are working on brain, a chemical imbalance, some- from a diagnosable mental disorder’’ as well, but we have had great response thing that needs to be treated appro- that is diagnosable and, in virtually from the community mental health priately, and that is certainly not a every case, treatable—one in four. centers and great response from vet- choice by an individual. This is not a stigma. This is not erans. President Kennedy thought we need- something where you are the only person this has ever happened to or to The Senator may wish to talk about ed to make sure we were providing the that a little bit because I know she has your loved ones, that this is the only very best for the people in this commu- been engaged in many discussions with person this has ever happened to. This nity. In his statement to Congress he veterans’ groups who say if only our is something that many families under- wrote: veterans had a place to go that was stand. Many people have a challenge We need a new type of health facility, one close and where their neighbors were that never gets diagnosed, frankly. which will return mental health care to the going perhaps for some other kind of mainstream of American medicine, and at Creating a way for that to happen, behavioral health. We have a wide the same time, upgrade mental health serv- where we make it easier, we make it swath of support from our veterans’ ices. more comfortable, and we make it af- groups as well as our health care We have worked together in a bipar- fordable—whatever we are doing to groups. tisan way since then. The Mental allow that, in almost every case, the The PRESIDING OFFICER. The time Health Parity and Addiction Equity treatable problem to be diagnosed and of the Senator has expired. Act was championed by our friends and treatable is important. Ms. STABENOW. I ask unanimous colleagues, Senators Pete Domenici, One of the topics the Senator and I consent for 2 additional minutes. Paul Wellstone, Ted Kennedy, and Con- started talking about almost at the The PRESIDING OFFICER. Is there gressman Patrick Kennedy in the very first of this year—we have been objection? House, and it became law. It said we talking about this for almost 10 Without objection, it is so ordered. have to have parity in how insurance months. Of course, it was after the Ms. STABENOW. I wish to go back to companies treat mental health and tragedy at Newtown. One thing we what the Senator from Missouri has in- physical health. know is that somebody who has a men- dicated. Our veterans are coming I was pleased to get those provisions tal health problem is much more likely home. We know that at least 200,000 of into health reform, but there is more to be the victim of a crime than they our veterans coming home will go into to do and that is why we are here. are to be the perpetrator of a crime. the community. I wish to turn to my friend from Mis- The other thing we know is that as I see our distinguished chair of the souri, who has been a great partner and we look at these tragedies we have seen Senate veterans’ committee on the ask, as we go forward, what his happen in the last few years, the one floor. I thank the Senator for all of his thoughts are on this day and what we common denominator—whether it was good work. should continue to do to continue with in Newtown, Aurora, Tucson, the Navy In addition to the VA system, where this legacy. Yard or Virginia Tech, whether it was we are strengthening mental health Mr. BLUNT. I wish to say it is a very at a supermarket, at a theater or on a services, we know that many will come important topic, and it is a moment college campus—what we saw in every home to the communities and be look- when there are many reasons, as the case was this was somebody who had a ing to an outpatient clinic or some- Senator said, that we should keep re- behavioral problem, a mental health where in the community for help. The turning to it. problem that hadn’t been dealt with in reason we have strong support from the It was this day 50 years ago when the right way. In many ways this has Iraq and Afghanistan veterans’ organi- President Kennedy signed the Commu- turned the attention of the country zations is because our Excellence in nity Mental Health Act. He called it a back to a problem that, for whatever Mental Health Act legislation, which ‘‘bold new approach.’’ Frankly, while reason, we would just as soon appar- creates a behavioral health clinic some things happened in the 50 years ently not talk about. model based on what has been done in since then and now, there haven’t been In fact, when the Senate committee community health that has worked so that many bold new approaches in the that deals with mental health had a well, will create an opportunity for last 50 years. hearing in January of this year on those veterans coming home to get This is a topic that for whatever rea- mental health, it was the first time support and help in the community. son our society hasn’t dealt with in since 2007 that there had been such a One of the most difficult statistics to ways that have been satisfactory in hearing devoted to this topic—a topic talk about is that 22 of our veterans making great changes. In fact, some of that the National Institutes of Health are committing suicide every day—22 what we have done in other areas has said one of four adults is challenged by every day. That is unacceptable.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7712 CONGRESSIONAL RECORD — SENATE October 31, 2013 We need to make sure families and This bill can help fulfill the legacy of These bills—all of which have gar- veterans have the support that they President Kennedy’s Community Men- nered bipartisan support—are steps in need so that when they come home tal Health Act and the Mental Health the right direction. they can receive the help they need. I Parity and Addiction Equity Act. I hope Senate Majority Leader am very proud of the fact we have There will be health care legislation HARRY REID will allow stand-alone about 50 organizations supporting the coming to the floor before the end of votes on mental health legislation, and Excellence in Mental Health Act, such this year to address physician pay- I hope President Obama will work with as sheriffs and police officers. Most ments, and that would be a natural members from both parties to improve likely, if somebody needs help, they place to address the Excellence in Men- our Nation’s policies before another are placed in a jail or in the emergency tal Health Act. mental health crisis results in sense- room. They don’t go to a mental health I hope our colleagues will join us in less loss. facility. supporting critical efforts to address I agree with Senator STABENOW that the time is now. We are actually prob- What we are proposing is something mental health care in this country, and ably beyond the time we should have that would provide 24-hour emergency I hope they will join us in moving this done this. But we would be ill-advised psychiatric delivery, coupled with high proposal forward so we can get closer to go further down this road without quality community mental health to this goal. services. The time is now to do this. looking at this system and figuring out I wish to turn to my colleague, the how we can improve it. There are many We have seen the need increase as distinguished Senator from Missouri states over the years have cut funding bipartisan ideas in the Senate, and I for closing remarks. He has been a true believe the Excellence in Community for in-patient mental health services champion for mental health and a won- and have not replaced them with serv- Health Act is right at the top of that derful partner to me and for his views list. But we need to look at this, do it, ices in the community. on how we can work together to im- Too often, people who need mental and do it now. I look forward to seeing prove mental health treatment in something happen on this between now health treatment end up not getting America. the treatment they need, and end up in and the end of the year. Mr. BLUNT. I would just say that Ms. STABENOW. Madam President, I the emergency room or, worse, in jail. both our States have led in this area. The ER and jail are not the place to again thank my friend from Missouri Missouri has clearly been a pioneer in for his commitment and for working treat mental illness. mental health efforts. Our community It is fair to say that our need now is with so many colleagues across the health centers—many of them—have greater than ever. aisle on a bipartisan basis. I believe we added behavioral health in the last few Too many people who need treatment will get this done and we will now, on years. There are other pieces of legisla- don’t get it, including one-third of all this 50th anniversary of President Ken- tion out there that add to this mental people living with mood disorders and nedy’s signing the Community Mental health first aid, where people, particu- more than half of those with severe Health Act, complete the circle in larly dealing with young people, can mental disorders. terms of mental health parity in our Tragically, 22 American veterans take a course. And they do not become country. The PRESIDING OFFICER. The Sen- commit suicide every day. At least 25 people who can deal with your problem, ator from Vermont. percent of returning veterans from Iraq but they may help you recognize if you and Afghanistan are in need of some have a problem and that somebody f needs to deal with this. form of mental health treatment. THE BUDGET In 2011, Missouri pioneered a program We know that people suffering from Mr. SANDERS. First of all, I con- mental illness are more likely to be for Medicaid beneficiaries with severe mental illness that is based in commu- gratulate the Senator from Michigan the victims of violence than the per- and the Senator from Missouri for petrators. nity mental health centers and provides care coordination and disease touching on what is obviously a very However, we have seen too many ex- serious national issue; that is, how we amples of what happens when people management to address the ‘‘whole person,’’ including both mental illness deal with the crisis of mental health in don’t get the treatment they need this country. I thank both of them for around the country and right here in and chronic medical conditions. This combination saves money. the work they are doing. Washington, DC, where we’ve seen two I would like to say a few words as a I have worked closely with the Mis- tragic examples in the past 2 months, member of the conference committee including the shootings at the Navy souri Coalition of Community Health on the budget, which is hoping to avert Yard and the woman who tried to drive Centers, which just celebrated their another government shutdown and her car into the White House and the 35th anniversary and they are very ex- come up with a sensible long-term Capitol. cited about how this legislation could budget for our country. What can we do to improve the way benefit the population they are serv- The first point I would make is that we treat mental health issues in this ing. when I return from Vermont and come country? How can we improve people’s I also co-sponsored the Mental here to Capitol Hill, I am always lives? Health First Aid Act of 2013 to help amazed at how different the world view We need to take the final step in people identify, understand and re- is here as opposed to the real world— mental health parity by strengthening spond to the signs of mental illnesses whether it is Vermont or when I travel access to quality mental health serv- and addiction disorders through a pilot to other States around the country. It ices in communities across America. program for mental health first aid almost seems as if we are living on two That is why we need to pass the Excel- training. In my State, we are already separate planets. lence in Mental Health Act that the benefitting from this program and in As a member of the Budget Com- Senator from Missouri and I have spon- August over 100 new mental health mittee, I understand, as do the Amer- sored together. first aiders were certified during Mis- ican people, that a $17 trillion national This bill would expand access to com- souri’s first large-scale mental health debt and a $700 billion deficit is a seri- munity mental health care by making first aid training. ous issue that must be addressed. The sure more providers are available to In addition, I co-sponsored the Jus- American people know that, but what treat mental health issues and can tice and Mental Health Collaboration they also understand is that there is an offer a broad range of mental health Act to improve access to mental health even more important issue out there; services, such as the 24-hour crisis psy- services for people in the criminal jus- that is, real unemployment today is chiatric services, integrated preventive tice system. This bill would give law close to 14 percent. Youth unemploy- screenings, integrated treatment for enforcement officers the tools they ment—an issue Pope Francis is begin- mental illness and substance abuse, need to identify and respond to mental ning to talk about a great deal—in this and expanded peer support and coun- health issues, while continuing to sup- country is approximately 20 percent. seling services for patients and fami- port mental health courts and crisis African-American youth unemploy- lies. intervention teams. ment is over 40 percent.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7713 The American people are saying: Yes, not want to cut these terribly impor- saying: Oh, I am really worried about deal with the deficit, but do not forget tant programs. this deficit that I helped cause; there- that we continue to have a major eco- Second of all, what do the American fore, we have to cut all these programs nomic crisis with millions of Ameri- people want? What they want is for us that working people and children and cans unemployed. And for many other to invest in our infrastructure and cre- the elderly need. So let’s take a brief Americans who are working, their ate the millions of jobs we desperately look back into the recent past and find wages are deplorably low. We have mil- need. According to a Gallup poll of out how we got to where we are today lions of folks working for $8 or $9 an March 3, 2013, 75 percent of the Amer- and who voted for those programs. hour who cannot take care of their ican people—that includes 56 percent of As I hope most Americans know, in families under those wages. Republicans, 74 percent of Independ- January 2001 when President Clinton While the middle class is dis- ents, and 93 percent of Democrats—sup- left office and President Bush took appearing and the number of people port ‘‘a federal jobs creation law [that over, this country had a $236 billion living in poverty is at an alltime high, would spend government money for a surplus—a $236 billion surplus. That is we also have another dynamic we don’t program] designed to create more than quite a large surplus. The Congres- talk about too much here for obvious 1 million new jobs.’’ sional Budget Office projected that the reasons; that is, the wealthiest people The American people are saying: Yes, 10-year budget surplus would be $5.6 are doing phenomenally well, corporate the deficit is important, but what is trillion; that there would be a huge in- profits are at recordbreaking levels, more important is creating jobs, and crease in our budget surplus. The pro- and the gap between the very wealthy rebuilding our crumbling infrastruc- jections were very strong. In fact, they and everybody else is growing wider ture is one way to do it, but don’t cut projected that we could erase the na- and wider. We are surrounded by lobby- Social Security, Medicare, and Med- tional debt by 2011. Imagine that. That ists representing the wealthy and large icaid. was where we were heading. corporations, and they don’t really like What else are the American people Well, President Bush took office and that discussion, so we don’t talk about saying? Well, not too surprisingly, a number of things happened. We went that too much, but it remains abso- when we see so much income and to war in Afghanistan and Iraq. I voted lutely true. wealth inequality in America, the for the war in Afghanistan; I strongly When I go home and talk to American people believe that when 95 opposed the war in Iraq. But be that as Vermonters or when I go around the percent of all new income in the last it may, many of my friends, who are country, people tell me—and the polls few years has gone to the top 1 percent, great deficit hawks, forgot to pay for tell me—that the American people—re- given the fact that the wealthy are those wars. Those wars are estimated gardless of political persuasion, by the doing phenomenally well, maybe they to cost somewhere around $6 trillion. way—are in significant agreement should be asked to pay a little more in So folks who are standing up today about a lot of issues. We don’t see that taxes, and maybe we should end all of saying: Gee, we just can’t afford nutri- reflected here, but the American people the corporate loopholes that currently tion programs for children, they didn’t are in significant agreement. If we ask exist. have a problem voting for two wars and the American people, I suspect, in Again, that is not BERNIE SANDERS. not paying for them. They also did not North Dakota, Vermont, Maryland, or According to a January 29, 2013, poll by have a problem voting for huge tax anywhere else whether they think we Hart Research Associates, 66 percent of breaks that went to the wealthiest peo- should cut Social Security, Medicare, the American people believe the ple in this country, and they also did and Medicaid, they would overwhelm- wealthiest 2 percent should pay more not have a problem voting for a Medi- ingly say no. in taxes and 64 percent of the American care Part D prescription drug pro- These are tough economic times. people believe large corporations gram—written by the insurance compa- Poverty is going up among seniors. should pay more in taxes than they do nies, by the way, by the pharma- People are worried about health care today. ceutical industry—which also added to costs, and these programs are vital to The American people are giving us a the deficit. the survival of so many people. So do solution to the major crises facing the The point I am making is that many not cut Social Security, Medicare, and American people. They want to invest of the folks who are standing here de- Medicaid. That is not what BERNIE in our economy, they want to create manding cuts in Social Security, Medi- SANDERS is saying; that is what the jobs, they want to ask the wealthy and care, and Medicaid voted for two wars, American people are saying. That is large corporations to pay more in tax breaks for the rich, and an un- what Democrats are saying, that is taxes, and they do not want to cut So- funded Medicare Part D program. Then what Republicans are saying, that is cial Security, Medicare, and Medicaid. on top of all that, we had the Wall what Independents are saying, and that That is the real world, but then when Street crash, which resulted in less is what people who agree with the tea we come back to Washington, what are revenue coming in to the Federal Gov- party are saying. There is not a whole people saying? Let’s cut Social Secu- ernment. Add all that stuff up and you lot of dispute outside of Washington, rity, Medicare, and Medicaid; let’s not have a large deficit. but inside Washington the picture be- invest in our infrastructure and create Let me conclude by simply saying at comes a little different. We have vir- jobs; and, in fact, let’s give more tax a time when we have massive wealth tually all Republicans talking about breaks to the wealthy and large cor- and income inequality in America, cutting Social Security, Medicare, and porations. This is an ‘‘Alice in Wonder- which is something we should focus on Medicaid. We have the President talk- land’’ world. The American people are from both a moral perspective as well ing about cutting Social Security, saying one thing and the lobbyists as an economic perspective; at a time Medicare, and Medicaid. We have some around here and many Members of Con- when the middle class is disappearing Democrats talking about it. But that is gress are saying something very dif- and millions of people are working not what the American people believe. ferent. longer hours for lower wages, at a time According to the latest poll I have The deficit is an important issue, and when we have the highest rate of child- seen on this issue—the National Jour- we should be proud, by the way, that hood poverty in the industrialized nal/United Technologies poll—81 per- we have cut the deficit in half in the world, at a time when senior poverty is cent of the American people do not last few years. We have more to go, but increasing, at a time when we have 20 want to cut Medicare, 76 percent of the we should take some credit for that. percent youth unemployment in this American people do not want to cut But when we talk about the deficit, it country, in my humble opinion, we do Social Security, and 60 percent of the is very important for us to remember not balance the budget on the backs of American people do not want to cut how we got to where we are today—a the most vulnerable people in this Medicaid. So I have a very radical idea $17 trillion national debt and a $650 bil- country—working people, the elderly, for my colleagues. What about occa- lion-or-so deficit. the children, the sick, and low-income sionally—we don’t have to overdo it— I find it interesting that some of people. That is not what we do. listening to the people who sent us those people who were most active in What we should do is go to those peo- here? What they are saying is they do causing the deficit are now standing up ple who are doing very well and say to

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7714 CONGRESSIONAL RECORD — SENATE October 31, 2013 them: You know what. Welcome to the go to a different country. It means that a lot of pollutants to come into the United States of America. You are part maybe the cure for Alzheimer’s will be bay, creating dead zones. If we have of our country, and you are part of our put back a little bit or the influenza pervious concrete, allowing the water economy. This country has problems vaccine will be put back a little bit. to seep rather than to flow, it cuts now. You, if you are a large corpora- Literally, lives are at risk. But also, down dramatically the amount of pol- tion—one out of four large corpora- our economy is at risk because the re- lution. The Ernest Maier Company is tions paying nothing in Federal income search supports so many private sector doing something about cleaning up our taxes—you are going to have to start jobs. I could give the same example at environment as well as selling a prod- paying your taxes. You can’t just stash FDA, NIST, Beltsville Agricultural Re- uct that is well received around the your money in the Cayman Islands and search Center, or Fort Meade. We have country. in other tax havens. And if you are an many examples of how our country has We have Marlin Steel located in Bal- extremely wealthy person doing well, been harmed. We cannot govern from timore. It is a small specialty steel you are going to have to contribute one manufactured crisis to another. company. Their jobs are growing. One more in tax revenue. My message is I hope we will get a hundred percent of the ingredients The bottom line is that we need to budget agreement—I know the budget come from the United States, and their create jobs in this country, we need to conferees met this week—which will product—steel, manufactured in Mary- protect the most vulnerable people in give some predictability to our econ- land—is exported around the world be- this country, and we need to do it in a omy, eliminate sequestration, a cause it is a quality product. way which is morally right and which progrowth budget so we can invest in Atlas Container is another Maryland makes good economic sense. education, research, and modern roads, manufacturer with a national market. With that, I yield the floor. bridges, and transit systems. I visited them. They are doing great. The PRESIDING OFFICER. The Sen- I am very optimistic about America’s Their sales are up, their employment is ator from Maryland. ability to globally compete if we stop up. f these self-inflicted crises. I have been An area which I think is particularly doing a ‘‘made in Maryland’’ tour important to the Presiding Officer is COST OF GOVERNMENT SHUTDOWN throughout the State where I have vis- the craft beer industry. I have been up Mr. CARDIN. Madam President, this ited many businesses. I give credit to to Massachusetts and enjoyed some of afternoon I joined with Senator WAR- my colleague in the House, Congress- their craft beers. There are over 100,000 NER and Senator KLOBUCHAR and Sen- man HOYER, whose saying, ‘‘Make it in jobs in the craft beer industry in this ator CASEY to point out just how much America’’ has really caught on. So I country, and it is growing. Times have harm is caused to this country because took my friend Congressman HOYER’s been tough—but not in the craft beer we are governing from one manufac- suggestion, and I went around Mary- industry. It is growing. tured crisis to another. The cost of the land to meet with different companies. I visited Flying Dog in Frederick and government shutdown, the cost of com- Maryland businesses are the best in the Heavy Seas in Baltimore. They are ing so close to defaulting on our obliga- world. I know I am a little biased about coming out with new and seasonal tions, the fact that we are governing Maryland, but they are the best in the beers, which is keeping a market grow- through automatic across-the-board world on innovation and creativity. I ing, using creativity, besides having a cuts known as sequestration, is hurting will give a few examples which may not very fine product. our economy. be self-evident. It is not just in the craft beer indus- This has been particularly difficult The Paul Reed Smith Guitar Factory try, it is also in the wine industry. We for the people in the State of Mary- is located on the eastern shore of have about 64 wineries in our State. I land, the State I represent. In our re- Maryland in a small community called visited one in Montgomery County, gion we have so many Federal workers, Stevensville. Over 200 people work MD. I don’t know if most people know so many Federal facilities—10 percent there, and they produce the best gui- that Montgomery County, MD, pro- of our workforce works for the Federal tars in the world and are sold all over duces one of the best wines in this Government—that we saw many small the world. Santana’s guitar was pro- country and can compete internation- businesses in our communities that de- duced there. It is now in the Metropoli- ally. We are very proud of what is done pend upon the Federal workforce lit- tan Museum of Art, it is such an in- at Sugarloaf Mountain Winery in erally having nobody in their res- credible instrument—not only in beau- Montgomery County, MD. taurants and in their shops. Consumer ty, but in sound—and was made right I wish to talk about some of the confidence was at an alltime low. here in Maryland, USA. high-tech jobs done here. Brain Scope There have been estimates as to the Another company I visited during my has developed a portable device avail- amount of harm caused by the govern- ‘‘Made in Maryland’’ tour was the able in the battlefield which can tell ment shutdown. Standard & Poor’s said Volvo Mack truck plant located in Ha- the severity of a head wound, as to $24 billion was taken out of our econ- gerstown, MD, one of the largest em- whether the warrior needs immediate omy as a result of the government ployers in western Maryland, with attention in order to save his life be- shutdown. Add that to the extra cost good-paying jobs. They make the most cause of a brain injury or whether they because we came so close to defaulting efficient truck engine in the world and can take a little more time before on the debt. Add that to the fact that it is produced right in Maryland, in the treatment. It is inexpensive in its oper- since 2011 we have been living under se- United States of America, the most in- ations and gives the data necessary to questration. The estimate is we have novative and creative ways to deal determine brain waves and the severity lost about 900,000 jobs from this self-in- with the problem of efficiency in of the head injury. I think the total flicted crisis management. trucks. cost was about $10 million to develop. I could give many examples, but I I visited Ernest Maier, which makes The military is very appreciative of will give a few. brick pavers with concrete. It is very this discovery. Think about the lives it I am very proud that the National In- close to the Nation’s capital. We can do will save, and think about the applica- stitutes of Health is based in the State manufacturing in America and we can tion of this technology to our commu- of Maryland. Their impact is all over compete in manufacturing. They are nity life. I think we are always nervous this country, including in the State of developing the technology for pervious when we see our children and grand- Massachusetts. As a result of seques- concrete. It is critically important to children on the playing field at sport- tration and then the government shut- our environment. ing events, knowing how common head down, hundreds of grants could not be I take great pride in the Chesapeake injuries are. This technology can be awarded. I think it was 700 by seques- Bay and the work we are doing to clean used on the playing field to determine tration alone. up the Chesapeake Bay. One of the the severity—whether a person who What does that mean? That means major sources of pollution comes every suffers a head injury needs to seek im- young researchers don’t get a grant. time we have a storm and all of the mediate medical attention because it is They may stay with research, they runoff goes into the tributaries that life threatening or whether they just may go to a different field, they may lead into the Chesapeake Bay, causing need to sit out for a while.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7715 This is the type of innovation and Landsberry moved directly in harm’s me outline that the government can creativity taking place in Maryland. I way to protect his students and others figure out what is going on from those can name dozens more small innova- from danger. He was fatally shot. call logs. tive companies working in biosciences, Mr. Landsberry was an Alabama na- For example, they will know that an life sciences, and cyber security areas. tive, a graduate of McQueen High American citizen in Ely, NV, received a At Brain Scope they started with two School in Sparks, a University of Ne- call from the local NRA office and then employees. They now have over 20. vada-Reno graduate, and a decorated called their Representative and Sen- This is a common story. These are master sergeant Nevada Guard airman. ators. But they claim that the content good-paying jobs created here in Mary- To his students, he was a coach, a of that call remains safe from govern- land, in the United States of America. teacher, and also a mentor. To his comment intrusion or they will also know Lions Brothers in Owings Mills, MD. munity, Mr. Landsberry was a patriot, that a Nevadan from Las Vegas called If you have ever seen a uniform with a father, and a friend. Master Sergeant a suicide prevention hotline and spoke emblems on it, it was most likely done Landsberry leaves behind a legacy of to an individual for 12 minutes, but at Lions Brothers. They have figured self-sacrifice and service to his country they will not know what that person out a way in which they can produce and community. He will continue to be discussed. this product—which is used not only remembered as a great and honorable The question I have is this: Why does for sports gear, but the U.S. Govern- man and a father. the Federal Government have to house ment for uniforms, Boy Scouts, Girl f this data? I believe it is because Con- Scouts. gress has authorized a massive sur- USA FREEDOM ACT What is common in each of these render of our constituents’ privacy. companies? They are innovators. They Mr. HELLER. I would also like to I want to be clear: I share the con- find creative ways to create and expand briefly discuss current National Secu- cerns of all Americans that we must markets. They are creating more jobs, rity Agency practices, including its protect ourselves against threats to and they are creating good-paying jobs. bulk data collection programs and the the homeland. I also believe we must We could name every State in this implication these programs have for continue to understand that terrorism country where we have seen this cre- the privacy of Nevadans and millions of is very real and that the United States ativity. We have duplicated this other law-abiding citizens. is the target of those looking to under- throughout our country. But the mes- Due to published reports in news- mine the freedoms we hold as a core of sage is clear: Our country can take off, papers around the world, Nevadans are our national identity. Are we sacri- but we have to give predictability to well aware that the Federal Govern- ficing our own freedoms in the process? our businesses. That is why the work ment has been collecting phone data of Are we sacrificing our constitutional being done in the conference com- law-abiding citizens without their rights that are afforded under the mittee on the budget is so important. knowledge through a process known as Fourth Amendment? If so, this is a We can’t go through another manufac- bulk collection. These practices are steep price to pay to protect Americans tured crisis, another shutdown, another mostly authorized by section 215 of the from terrorism. threatened default on our debt, the PATRIOT Act. So the next question must be: If the continuation of sequestration. It needs Specifically, section 215 permits the price to protect Americans from ter- to end. We need to have a budget which FBI to seek a court order directing a rorism is an incredible loss of indi- allows for the type of government part- business to turn over certain records vidual privacy, what are the results of nership for that type of economic when there are reasonable grounds to this program? growth—the basic research, the edu- believe the information sought is rel- What has the bulk collection pro- cated workforce, the modern roads and evant to an authorized investigation of gram provided in tangible results that infrastructure and energy systems. international terrorism. justifies a privacy intrusion of this That is what we need to have so the ‘‘Relevance’’ has been found by the level? companies I mentioned can continue to courts to be a broad standard that, in The answer is that two cases have lead the world in innovation, cre- effect, allows large volumes of data to been solved in the collection of mil- ativity, and creating the jobs we need— be collected. These same records can be lions of records through the use of the the good-paying jobs in America. combed through in order to identify program authorized by section 215. We If we act, I am confident America smaller amounts of information that know that because on October 2, 2013, will compete and win the global com- are relevant to an ongoing investiga- the chairman of the Senate Judiciary petition. ‘‘Made in Maryland’’ has been tion. In other words, it has been estab- Committee, Senator LEAHY, asked the a huge success and has been duplicated lished that section 215 allows for mas- NSA Director Keith Alexander the fol- all over our country. Let us act and get sive amounts of data to be collected in lowing question: our work done so we truly can make it order to find the tiny amount of data At our last hearing, the deputy director, in America. that would solve an investigation re- Madam President, I suggest the ab- Mr. Ingliss, stated that there’s only really garding international terrorism. The one example of a case where, but for the use sence of a quorum. court’s reasoning that this is permitted of Section 215, both phone records collection, The PRESIDING OFFICER (Ms. WAR- is because, when submitted, it is likely terrorist activity was stopped. Was Mr. REN). The clerk will call the roll. Ingliss right? The assistant legislative clerk pro- that the data will produce information To which Director Alexander re- ceeded to call the roll. that will then help the FBI. Mr. HELLER. Madam President, I Millions of Americans’ call records sponded, ‘‘He’s right. I believe he said ask unanimous consent that the are collected and stored by the NSA be- two, Chairman.’’ quorum call be rescinded. cause a few numbers may solve an au- Congress has authorized the collec- The PRESIDING OFFICER. Without thorized investigation. Supporters of tion of millions of law-abiding citizens’ objection, it is so ordered. bulk collection practices have defended telephone metadata for years, and it this program as an important tool in has only solved two ongoing FBI inves- f the fight against terror. They have said tigations. Of those two investigations, TRIBUTE TO MICHAEL this is a mechanism to access the logs the NSA has publicly identified one. In LANDSBERRY quickly, and they are not actually lis- fact, that case would have easily been Mr. HELLER. Madam President, I tening to the content. handled by obtaining a warrant and rise today to address the public revela- President Obama even said: going to that telephone company. The tions regarding classified government When it comes to telephone calls, nobody case involved an individual in San surveillance programs. But before I do is listening to your telephone call. Instead, Diego who was convicted of sending so, I would like to take a moment to the government was just sifting through this $8,500 to Somalia in support of al- honor Mike Landsberry, who died a so-called metadata. Shabaab, the terrorist organization hero’s death in Sparks, NV, last week. The President is correct. They are claiming responsibility for the Kenyan After spotting a student with a gun not listening to the actual calls like mall attack. The American phone at Sparks Middle School, Mr. the FBI conducting a wiretap, but let records allowed the NSA to determine

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7716 CONGRESSIONAL RECORD — SENATE October 31, 2013 that a U.S. phone was used to contact The PRESIDING OFFICER. Without prime time, and they seem to want no an individual associated with this ter- objection, it is so ordered. part of it themselves. But for you out rorist organization. f there, the middle class, it seems to be I am appreciative that the NSA was tough luck—tough luck. OBAMACARE able to apprehend this individual, but We have even seen some of the same it does not provide overwhelming evi- Mr. MCCONNELL. Mr. President, I folks try to stamp out innovations that dence that this program is necessary. recently received a disturbing note would help folks get out from under As Senator RON WYDEN from Oregon from a constituent in Burlington, KY. some of ObamaCare’s more crushing noted, the NSA could have gotten a Unfortunately, I suspect a lot of my burdens. That is why they have court order to get the phone records in colleagues have been receiving notes launched a crusade against small busi- question. just like it. nesses that dare to experiment with In essence, Congress has authorized a This gentleman said that after re- self-insurance and other pioneering program that invades the privacy of ceiving several letters from his insurer, ideas. Maybe the administration does millions of Americans with little to it became clear to him that the Presi- not like self-insurance because it rep- show for it. The results simply do not dent was being misleading when he said resents a free market alternative to justify this massive invasion of our pri- if you like the plan you have—if you ObamaCare. But the fact is nearly 100 vacy, and that is why I want to end like the plan you have—you can keep million Americans are already availing bulk collection practices authorized it. That is because he found out his pol- themselves of it. I am sure most of under section 215 of the PATRIOT Act. icy, which came into effect just 2 them like the greater flexibility and I joined Senator LEAHY to introduce months after the law’s arbitrary cutoff affordability it provides. the bipartisan, bicameral USA Free- date for grandfather plans, will be dis- So it is time these folks spent their dom Act. This legislation, among other continued next year. He is not happy energy working with us to look after things, will rein in the dragnet collec- about this at all, especially given the the middle class and to bring about the tion of data by the National Security fact that a plan on the ObamaCare ex- kind of reforms that will actually Agency. It will stop the bulk collection changes will dramatically drive up his lower costs and that our constituents of Americans’ communication records insurance costs, from $400 a month to want, because they should not have to by ending the authorization provided more than $700 a month, with zero sub- wake up to news such as this: ‘‘Florida by section 215 of the PATRIOT Act. sidies available. Blue is dropping 300,000 customers.’’ Here is what he had to say: Some in this Chamber will argue this ‘‘Hundreds of thousands of New removes a massive tool for the NSA to My wife and I are 54. We don’t need mater- Jerseyans opened the mail last week to nity care and we don’t need ObamaCare. assist the FBI. I disagree with that. All find their health insurance plan would He is right to be upset. This is simply this legislation does is shut down the no longer exist in 2014’’—out of exist- not in keeping with the spirit of the collection of millions of Americans’ ence. President’s oft repeated promise. metadata by the NSA. If the FBI needs ‘‘Half of the roughly 600,000 people in Perhaps the administration would a telephone number, they can go to a [my State of] Kentucky’s private insur- FISA judge and get a warrant. The like to tell him he should have just done a better job of keeping up with its ance market will have their current in- phone company can still provide that surance plans discontinued.’’ data. Chances are a major phone pro- regulatory dictates. But what about the millions who purchased their plans Mr. President, 300,000 Kentuckians vider will have that data as they keep will have their current insurance plans all detailed records for at least 1 year. relying on the President’s promise that they could keep them? What about the discontinued. When talking broadly about how cer- This is not fair. It is not what Ameri- tain technological developments husbands and wives across Kentucky who suffered when two of our largest cans were promised, and Republicans should be incorporated in our justice intend to keep fighting for middle-class system, Associate Justice of the Su- employers had to drop spousal coverage? What about the folks who lost families suffering under this law. I preme Court William Douglas once hope more of our Democratic col- said: coverage at work? What about all the smaller paychecks and lost jobs? What leagues will join us in this battle in the The privacy and dignity of our citizens are future. being whittled away by sometimes impercep- about the part-timeization of our economy? I suggest the absence of a quorum. tible steps. Taken individually, each step The PRESIDING OFFICER. The may be of little consequence. But when This law is a mess. It is a mess. As viewed as a whole, there begins to emerge a Secretary Sebelius said herself yester- clerk will call the roll. society quite unlike any we have seen—a so- day: ‘‘The system is not functioning.’’ The bill clerk proceeded to call the ciety in which government may intrude into Maybe she was referring to no more roll. the secret regions of a person’s life. than the narrow problems with Mr. REID. Mr. President, I ask unan- Here in the Congress it is our respon- healthcare.gov. But as the President imous consent that the order for the sibility to take great care to acknowl- keeps reminding us over and over, quorum call be rescinded. edge each possible step that could ObamaCare is about more than just a The PRESIDING OFFICER (Mr. whittle away our privacy. We must ex- Web site. He is right about that. That COONS). Without objection, it is so or- amine its necessity carefully and rea- is why, if the system is not func- dered. sonably. In this case, I do not believe tioning, it is just another sign that f such practices are warranted. ObamaCare itself is simply not work- TRIBUTE TO BRIGADIER GENERAL We can continue to protect Ameri- ing. The President and his Washington JONATHAN FARNHAM cans from threats of terrorism without Democratic allies understand this. infringing on individual privacy that That is why the White House is so Mr. LEAHY. Mr. President, I would the Constitution protects under the eager to enroll everybody—other than like to take a moment to pay tribute Fourth Amendment. We should shut themselves—into the exchanges. It is to retired BG Jonathan Farnham, who down bulk collection practices. why they handed out a yearlong delay is retiring after having honorably With that, I thank the Chair, yield to businesses, and that is why the served his community, State and coun- the floor, and suggest the absence of a Washington Democrats’ Big Labor al- try for 34 years in the Vermont Na- quorum. lies are looking for their own special tional Guard. The PRESIDING OFFICER. The carve-outs. Jon was commissioned in 1981 clerk will call the roll. What about everybody else? What through the Reserve Officer Training The assistant legislative clerk pro- about the middle class? Where is their Corps at the University of Vermont ceeded to call the roll. carve-out? So far, Washington Demo- where he earned a Bachelor of Science The PRESIDING OFFICER (Mr. MAR- crats have resisted every attempt to in economics. Prior to receiving his KEY). The minority leader. exempt the struggling constituents commission, he served as an enlisted Mr. MCCONNELL. Mr. President, I whom we all represent. member of the 1st Battalion, 86th Field ask unanimous consent that the order The folks who rammed this partisan Artillery of the Vermont Army Na- for the quorum call be rescinded. bill through know it is not ready for tional Guard.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7717 From his first assignment with the the atmosphere with oxygen. Forests several hours en route from Georgia. 86th Field Artillery, to his role as Di- help settle out or trap dust, ash, What I saw in this otherwise proud rector of the Afghan National Security smoke, and other harmful pollutants. country was devastating. Forces Development Assistance Bu- They offer water through an evapo- While archaeological data suggests reau, to his nearly 3 years as a civilian ration process and shade to hundreds of that approximately 35 percent of Arme- employee serving as the Vice Director thousands of species. nia was originally forested, less than 8 of the Guard’s Joint Staff, Jon has If deforestation continues at this percent of its forests remain today. served under 6 Governors and 4 Adju- staggering level, we lose one of the In recent years, increasing bouts of tant Generals. As each of them un- planet’s most important weapons in heavy rainfall, landslides, and floods doubtedly would agree, his wealth of stabilizing the global climate. have endangered hundreds of commu- experience and knowledge has been in- And deforestation in Haiti and Arme- nities in Armenia and cost millions in valuable to the State and Nation as he nia hurts far more than the global cli- damages. On the other hand, record has risen through the ranks, serving at mate—deforestation is a factor in eco- droughts have threatened more than nearly every level of command in the nomic, agricultural, health, and envi- two-thirds of the nation by Army Guard. ronmental problems. desertification as natural tree cover He also served as a fellow in the of- An already struggling country, Haiti continues to diminish. fice of Senator Jim Jeffords, and I have was hit hard by the massive, January Groups such as the Armenia Tree personally benefitted from Jon’s leg- 2010 earthquake. Project have focused on reforestation acy, having had the privilege of em- More than 200,000 people were killed, efforts in northern Armenia because it ploying his daughter Lily in my Bur- and an estimated 1.5 million were dis- suffered a significant loss of forest lington office during the summer of placed. A staggering number of houses cover in the early 1990s. 2010. and buildings simply collapsed. Mr. President, deforestation is Jon will be remembered for his keen The subsequent cholera outbreak brought on by a number of reasons— sense of humor, dedication to duty, and claimed over 8,000 lives and infected making land available for urbaniza- deep love and appreciation for the hundreds of thousands more. tion, plantation use, logging, mining— State of Vermont. While Americans and people from all and illegal logging and mining—and I am grateful that the Vermont Na- over the world donated money, orga- others. tional Guard was able to benefit from nized shipments of medicines and sup- Poverty and economic pressures also Jon’s lifetime of service, and Marcelle plies, and even traveled to Haiti as play significant roles; 80 percent of the and I send our best wishes to him in emergency relief workers helped rescue population of Haiti and 36 percent of the retirement he has certainly earned. and treat victims, there is an impor- the population of Armenia live below f tant piece of the puzzle that has been the poverty line, and wood and char- receiving little attention—the role of coal produced from cutting down trees HAITI AND ARMENIA deforestation. accounts for a major—and relatively REFORESTATION ACT When you look at the lush green of cheap—supply toward the energy sec- Mr. DURBIN. Mr. President, it is an the Dominican Republic and compare tors of both nations. unfortunate reality—perhaps bordering it to the stark desolation on Haiti’s But the implications of deforestation on negligence—that Congress has been side of the border, it is easy to see why are disastrous. These forests, if pro- unable to do something about climate Haiti is so much more vulnerable to tected and regrown, would fight the de- change. soil erosion, landslides, and flooding structive effects of soil erosion. How will our grandchildren look back than its neighbor. They would help protect freshwater at our inaction when they inherit a In 1923, Haiti’s tropical forest covered sources from contaminants, would safe- changed planet—one that we found too 60 percent of the country. Today, less guard irrigable land, and would save politically inconvenient to help avoid? than 2 percent of those forests remain. lives during natural disasters. Helping Thankfully, this President has shown Deforestation induces soil erosion these nations deal with their deforest- leadership on this issue, but we must and landslides, making land more vul- ation problem—one that impacts the do more. nerable to floods and mudslides. In a entire planet given the rise in green- Recently, I offered a simple piece of place such as Haiti, already scarce ag- house gas emissions—is not only the legislation—one that has traditionally ricultural land is rendered all the less right thing to do, it is the smart thing been very bipartisan—that can help productive. to go with our limited assistance dol- take another common sense step and at These issues are exacerbated by nat- lars. the same time improve the lives of mil- ural disasters such as the 2010 earth- Every dollar we put into reforest- lions overseas. quake or the many tropical storms ation in these hard-hit countries pays The bill helps two friends of the Haiti has faced in recent years. itself back in economic, health, and en- United States overcome the dev- I remember on a previous visit to vironmental returns. astating impacts of deforestation: Haiti that there was a strong rain dur- That is why Senators BROWN, CARDIN, Haiti and Armenia. ing the evening in the capitol of Port FEINSTEIN, and WHITEHOUSE have joined Our forests provide resources for al- au Prince. I mentioned the rain cas- me in introducing the Haiti and Arme- most two-thirds of all species on the ually to our Haitian hotel host and she nia Reforestation Act to help address planet, offering shelter, food, fresh said that in the morning several people the deforestation challenge. water, and medicines. Forests help would be dead from the rain. The bill aims to restore within 20 with biodiversity, water conservation, I was puzzled—from the rain? years the forest cover of Haiti to at soil enrichment, and climate regula- Yes, the mountains around Port au least seven percent and the forest cover tion. Prince have been so deforested that a of Armenia to at least 12 percent, Forests cover 30 percent of the simple downpour leads to deadly about each country’s respective levels world’s land area, but we still lose mudslides. in 1990. swaths the size of entire countries— Former Haitian Prime Minister, Within 7 years of enactment, the bill about 12–15 million hectares—each Michele Pierre-Louis, said it so aptly: also aims to restore the social and eco- year. ‘‘The whole country is facing an ecological nomic conditions for the recovery of 35 In fact, approximately 76 percent of disaster. We cannot keep going on like this. percent of both countries’ land surfaces our world’s original primary forests We are going to disappear one day. There and to help improve sustainable man- have been destroyed or degraded. And will not be 400, 500 or 1,000 deaths [from hur- agement of key watersheds. deforestation alone accounts for up to ricanes]. There are going to be a million A number of groups and organiza- 20 percent of the global greenhouse gas deaths.’’ tions are already on the ground work- emissions that contribute to global Mr. President, when I visited Arme- ing toward these goals in Haiti, and a warming. nia last year, I found a similar prob- few in Armenia such as the Armenia That is because forests take carbon lem. I had the opportunity to drive Tree Project I mentioned earlier, but out of the air, and in turn, replenish through the Armenian countryside for more needs to be done to help support

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7718 CONGRESSIONAL RECORD — SENATE October 31, 2013 these efforts in a coordinated manner the needs of the Latino community in incredible legacy to Chicago’s Latino and with backing from both the Gov- schools, but also in health clinics. community enormously. ernments of Haiti and Armenia and of In 1988, Carmen’s mission was clear; Congratulations to Carmen on a spec- the United States. she needed to find a place to address tacular career. I thank Carmen for all While it is important to start putting the too often neglected medical needs her years of distinguished service. I trees in the ground, this bill is about of her community. While walking know I speak for Alivio’s professional more than just planting trees. Our gov- through Chicago’s Pilsen neighborhood staff, the thousands of families that ernment has tried that approach in the in search of clinic space, Carmen came have benefited from her caring leader- past and it has proven to be ineffective. upon a muffler shop parking lot lit- ship, and all of Chicago when I say she This bill empowers the U.S. Govern- tered with rusting old trucks. She went will be sorely missed. ment to work with Haiti and Armenia inside the shop and asked its owner if I wish her the best as she opens the to develop forest-management pro- the lot was for sale. next chapter in her life. grams based on proven, market-based His response? ‘‘Offer me something.’’ f models. Carmen Vela´ squez made an offer, and These models will be tailored to help with that, she began her active cam- WORLD WAR II VETERANS VISIT both countries manage their conserva- paign to raise $2.1 million for construc- Mr. BEGICH. Mr. President. In Octo- tion and reforestation efforts in ways tion of the first of Alivio’s community ber of 2013, Veterans in the Last Fron- that can be measured. health centers. tier and Alaska-Golden Heart hubs of The bill encourages cooperation and Carmen’s passion and tenacity Honor Flight will be traveling to Wash- engagement with local communities turned her dream into a reality. Alivio ington, DC, to visit their memorials. I and organizations, provides incentives Medical Center opened its doors 1 year would like to welcome these heroes to to protect trees through income-gener- later in 1989, as a bilingual, bicultural our Nation’s capital and take this time ating growth, and authorizes debt-for- nonprofit community health center. to recognize their service to our Na- nature swaps, focusing on sustainable Alivio has since grown to become a re- tion. restoration of forests, watersheds, and spected advocacy organization that is I would like to record the individual other key land surface areas. also an essential safety net provider for names of the World War II veterans se- Most importantly, the bill does not many low-income and vulnerable resi- lected for this trip: Mr. Jacob Knapp, authorize any new funds. It will help dents of Chicago. Army; Mr. Stanley Coleman, Navy; Mr. make sure such existing funds are Because of Carmen Vela´ squez’s hard John Collins, Army; Mr. William Field, spent wisely and productively. work and dedication, Alivio continues Navy; Mr. Alvin Hershberger, Army; It will help the people of Haiti and to meet the primary health care needs Mr. Norman Hogg, Army; Mr. Howard Armenia rebuild their critical eco- of over 20,000 Spanish-speaking, pre- Hunt, Army; Mr. Alfred Kehl, Army; systems, which in turn will have tre- dominantly Mexican immigrants who Mr. George Miller, Air Force; Mr. mendous long-term impacts on their fall through the cracks of the health Manuel Norat, Army; Mr. Leonard qualities of life. care system every year. The residents Nugent, Navy; Mr. Dale Parker, Navy; I urge my colleagues to join me in of the Pilsen, Little Village and Back Mr. Fredrick Samsun, Marines and Air this effort. of the Yards neighborhoods who come Force; Mr. Marshall Solberg, Navy; Mr. f to the clinic every year know that, re- Lafton Wells, Navy; Ms. Ellen White, gardless of their income level or insur- Air Force; Ms. Juliana Wilson, Navy; TRIBUTE TO CARMEN VELA´ SQUEZ ance coverage, they can expect the Mr. Allen Woodward, Navy; Mr. Edward Mr. DURBIN. Mr. President, I would very best quality care. Young Jr., Air Force; Mr. James Brew- like to take a moment to thank Car- Carmen’s commitment to her com- ster, Navy; Mr. Elvin Brush, Air Force; men Vela´ squez of Chicago, who is retir- munity has not gone unnoticed. She Mr. Arnold Booth, Army; Mr. Conrad ing as executive director of Alivio Med- has been recognized for excellence in Ryan, Army; Mr. William Miller, ical Center, for her many years of serv- her work throughout the years. She Army; Mr. Louis Palmer, Navy; Mr. ice to the Latino Community and the was recently recognized at halftime by James Dodge, Marines; Mr. Roy Helms, city of Chicago. the Chicago Bears with the National Army; Mr. Nelson McBirney, Navy and As a community leader, civil rights Football League’s, NFL, Hispanic Her- Mr. Wenzel Raith, Navy. activist, health and education advo- itage Leadership Award, and she has These veterans from Alaska join over cate, and one of my personal ‘‘she-ros,’’ been honored with the MALDEF Life- 90,000 other veterans from across the Carmen Vela´ squez has dedicated her time Achievement Award, the Robert country, who, since 2005, have traveled life to justice and equitable health ac- Wood Johnson Foundation Community to our Nation’s capital to visit and recess for all. As one of the original Health Leadership Award, and Premio flect at memorials built here in their founders of the Alivio Medical Center, Ohtli, the highest honor bestowed by honor. This Honor Flight trip was she has served the community for 25 the Government of Mexico on an indi- made possible by generous public dona- years, helping grow one community vidual for service to Mexicans living tions and contributions from those who health center to a network of 6 clinics, abroad. Illinois Governor Pat Quinn wish to honor these heroes. with plans to open two new sites this has also honored Carmen as the Latino We owe a great deal to our service- year. Heritage Month ‘‘Trailblazer of the men and veterans who put themselves Carmen is the daughter of Mexican Day.’’ in harm’s way for our Nation and for immigrants—her father harvested I was fortunate to meet Carmen and our security. The sacrifices made by beets in South Dakota before coming her family early in my Senate career. these heroes are truly incredible and to Illinois to start a successful jukebox On so many occasions I have counted without their honor, courage, commit- business. Carmen went on to earn de- on Carmen’s wise counsel and caring ment, and sacrifice, we would not enjoy grees from Loyola University Chicago heart to help me through the chal- the freedoms we cherish today. and the University of the Americas in lenges we face. If I could make one Each of these veterans have my Puebla, Mexico. phone call before facing a tough deci- thanks for their service, and I very ap- In her professional career, Carmen sion on an issue of social justice, par- preciate the staff, volunteers and sup- dedicated her talents and energy to ticularly in the Hispanic community, I porters of the Honor Flight program universal health care and immigration would call Carmen Vela´ squez and know who make these trips happen. Again, reform as a community organizer. She that her life experience, caring heart, thank you to all Alaska veterans and was a social worker and bilingual edu- and street-level wisdom would never the volunteers for their dedication, cation specialist, who quickly became disappoint me. commitment, and service. a pillar of Chicago’s Latino commu- Carmen’s perseverance and her in- f nity. domitable spirit are tremendous. Her As a member of Chicago’s Board of willingness to stand up as a voice for ESTEVEZ NOMINATION Education, she realized that more the community during her tenure as Mr. MURPHY. Mr. President, yester- needed to be done not only to address Alivio’s executive director has left an day, I voted to confirm Alan Estevez to

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He received the on an issue important to my State and ignation on the United States Court of Award of Recognition from the Black our overall security strategy. Like my Appeals for the Sixth Circuit, he took Lawyers Association of Cincinnati in colleagues Senators BLUMENTHAL and Senior Status on June 5, 1995. He con- 1995. CORNYN have discussed, it is unaccept- tinues to serve on the Court as Cin- A civil rights advocate both on and able to me that the Department of De- cinnati’s oldest sitting judge and con- off the bench, Judge Spiegel served as fense is continuing the procurement of tinues to handle a full docket and hun- the first Chairman of the Cincinnati Mi–17 helicopters from Rosoboron ex- dreds of cases a year. Human Relations Commission, an orga- port, Russia’s official arms export firm. Judge Spiegel served his country val- nization with the mission of helping The reasons to stop this procurement iantly in World War II in the Pacific the community overcome prejudice and are numerous, and, by contrast, the campaigns while serving as a flying ar- discrimination. As an active partici- logic behind the continuation of this tillery spotter in an unarmed light air- pant in the civil rights movement, procurement is flawed. craft. He was a United States Marine Spiegel worked to calm tensions after Not only is Rosoboronexport at the Corps Captain from 1942 to 1946 in the race riots in the late 1960s. heart of an industry that Russia’s own First Marine Division. A true renaissance man, Judge Spie- chief military prosecutor publicly stat- Judge Spiegel received a BA from the gel is a pilot, painter, tennis player, ed is corrupt, but this company is also University of Cincinnati in 1942 and ob- writer, horseback rider and self-taught supplying the Assad regime in Syria. tained his LL.B. from Harvard Univer- mechanic. We are handing money—tax dollars sity in 1948—postgraduate University He is married to Louise Wachman from my constituents in Connecticut— of Cincinnati, 1949. In addition, he was Spiegel, and they have four sons, to a company that is propping up a re- awarded an Honorary Degree, Doctor of Thomas, Arthur M., Andrew and Roger, gime that is committing atrocities Humane Letters by Hebrew Union Col- and seven grandchildren. against its own people. lege, Jewish Institute of Religion in Today, I would like to recognize my I was outraged to learn that earlier 1996 and a Distinguished Alumni friend and an Ohio icon and commend this year that DOD awarded Award, College of Arts & Sciences from him for the many contributions he has Rosoboronexport a $572 million con- the University of Cincinnati in 1997. made to our community and to the tract for the procurement of 30 Mi–17 Judge Spiegel has served as a role legal profession. helicopters for the Afghan Special Mis- model to many lawyers in private prac- f sion Wing, completely ignoring the rec- tice and on the bench. His intelligence ommendation of the Special Inspector and strength of character have been re- ADDITIONAL STATEMENTS General for Afghan Reconstruction, vered by many and he has set the highest standards of professionalism for SIGAR, to halt this procurement. CONGRATULATING CSU-GLOBAL those appearing in his courtroom. He Even if DOD thinks that this pro- CAMPASS curement should go forward in light of was a co-founder of the Potter Stewart the SIGAR recommendation, there is American Inn of Court in Cincinnati, ∑ Mr. BENNET. Mr. President, in an no credible reason that these heli- which was one of the first establish- increasingly global economy, we must copters should not be made in America. ments of this kind, and serves to men- find ways to promote innovation, in- My constituents are tired of our pro- tor and teach professionalism and trial crease college access, and make college curement dollars going to overseas techniques to law students and young affordable so that our students can re- firms, and this particular example is lawyers. main competitive. In light of today’s one of the most egregious. Judge Spiegel is a member of the Senate Health, Education, Labor, and We have spent over $100 billion on American Bar Association, the Ohio Pensions Committee hearing which fo- equipment from overseas manufactur- Bar Association, the Cincinnati Bar cused on these important topics, I want ers in the last several years. When I Association and the Federal Bar Asso- to recognize Colorado’s own Colorado talk to manufacturers in Connecticut ciation. He was a lecturer on labor law, State University-Global Campus for who are churning out the most reliable debtor/creditor rights, and appellate their impressive work in this area. and rugged military equipment in the advocacy at the University of Cin- This year marks CSU-Global Campus’ world, including helicopters, they just cinnati College of Law from 1970 5-year anniversary, and I would also can not understand why we are paying through 1975. He was also a Delegate, like to congratulate them on reaching a corrupt Russian arms dealer for Sixth Circuit Judicial Conference from that milestone. equipment we already make at home. 1967 through 1970; a Life Member, Sixth CSU-Global Campus, and its presi- I look forward to making my feelings Circuit Judicial Conference beginning dent, Dr. Becky Takeda-Tinker, have known to Mr. Estevez and, as we did in 1971; and was a District Judge Rep- demonstrated a remarkable commit- last year during the consideration of resentative for the Sixth Circuit, ment to ensuring a quality education the National Defense Authorization United States Judicial Conference in at an affordable price. As the first and Act, making it clear that this body 1996 and 1997. only 100 percent online, fully accred- does not approve of this Mi–17 procure- He has served on numerous boards of ited public, non-profit institution in ment. trustees in his community. He served America, students enrolling at CSU- f on the Mayor’s Friendly Relations Global today will not see any tuition Committee from 1961 to 1965 and the increases as long as they take at least TRIBUTE TO JUDGE S. ARTHUR Cincinnati Human Relations Commis- one class per year, even if tuition rates SPIEGEL sion from 1967 to 1973, including serving increase five years down the road. CSU- Mr. PORTMAN. Mr. President, today as its first Chairman from 1965 to 1967. Global does this because it wants stu- I wish to honor a friend and fellow Cin- He was also a Board Trustee for Bowl- dents entering today to be able to plan cinnatian, Judge S. Arthur Spiegel, on ing Green State University from 1973 to their education and anticipate the full the occasion of his 94th birthday and 1981 and has been a Trustee and Trust- cost of graduation. would also like to recognize him for his ee Emeritus for The National Con- CSU-Global Campus has been at the service to our community and our Na- ference for Community and Justice forefront of new innovative approaches tion. since 1973. to learning, including offering com- On April 5, 1980, Judge Spiegel was In recent years, Judge Spiegel has petency-based courses. Students have appointed as a United States District served on the Roundtable of the Black access to CSU-Global’s full course con- Judge for the Southern District of Ohio Lawyers Association of Cincinnati, tent online for free and can receive

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ENROLLED BILL SIGNED tional fee for students to access the Mayor Buck is a firm believer that a The message also announced that the materials, faculty, and resources dur- strong sense of community is vital and Speaker pro tempore (Mr. THORN- ing their study period leading up to the improves the quality of life of its resi- BERRY) has signed the following en- exam. Many of these resources are in- dents. Throughout his 45 years on the rolled bill: novations themselves and include a 24– Grandville Park & Recreation Board, H.R. 3190. An act to provide for the contin- 7 online tutoring service, 24–7 tech sup- which he has chaired for decades, the ued performance of the functions of the port, and a virtual library. city has created new trails and parks United States Parole Commission, and for Its students’ progress are carefully and revitalized existing ones. During other purposes. tracked electronically and student sup- his tenure, the Park & Recreation The enrolled bill was subsequently port is a priority. Students partner Board has turned Grandville’s 4th of signed by the President pro tempore with faculty or receive other student July Celebration into a major regional (Mr. LEAHY). support if it seems they have struggled event and a beloved community tradi- The message further announced that in a certain class. Students at CSU- tion. pursuant to 22 U.S.C. 3003, and the Global are given the flexibility needed An avid tennis player, Jim Buck has order of the House of January 3, 2013, to accommodate the many demands on enjoyed many successful years of com- the Speaker appoints the following their time, but are still counseled petition, including at the Senior Olym- Members on the part of the House of through to completion. pics in recent years. He has been assist- Representatives to the Commission on Thirty-four percent of CSU-Global’s ant coach to the Grandville High Security and Cooperation in Europe: students are first-generation college School tennis team for the last 17 Mr. PITTS of Pennsylvania, Mr. ADER- students and 23 percent are from the years. This year, the team won the OK HOLT of Alabama, Mr. GINGREY of Geor- underserved population. Finally, at a Red Conference and Regional Cham- gia, and Mr. BURGESS of Texas. pionships. It is no coincidence that time when our country continues to re- f cover financially, 95 percent of CSU- Grandville has some of the best tennis Global graduates are working for pay courts of any city its size in Michigan. MEASURES REFERRED as of February 2013. A dedicated and visionary leader, The following bill was read the first As the cost of college continues to Mayor Buck has not only been and the second times by unanimous rise, CSU-Global Campus is an innova- Grandville’s strongest advocate but consent, and referred as indicated: tive alternative. After repaying its $12 also an active civic leader on regional and State levels. He is an honorary life H.R. 992. An act to amend provisions in million start-up loan a year ahead of section 716 of the Dodd-Frank Wall Street schedule in 2012, it now operates a sus- member of the Michigan Municipal Reform and Consumer Protection Act relat- tainable model without future appro- League (MML), chair of the MML ing to Federal assistance for swaps entities; priations from the State of Colorado. Foundation Board, member of the West to the Committee on Banking, Housing, and Mr. President, in April 2013, CSU- Michigan Strategic Alliance and the Urban Affairs. Global ranked seventh in U.S. News & long-time chairman of the Grand Val- f World Report’s ranking of the Best On- ley Metropolitan Council. line Bachelor’s Programs. On the occa- But more than the list of boards and MEASURES PLACED ON THE sion of its fifth anniversary, I con- commissions to his credit, Jim Buck is CALENDAR gratulate CSU-Global on its tremen- a man of his community. He works The following joint resolution was dous achievements.∑ long hours attending events, meeting read the second time, and placed on the with residents, visiting schools, and f calendar, pursuant to Sec. 1002 of Pub- listening to and appreciating the peo- lic Law 113–46: TRIBUTE TO JAMES BUCK ple of Grandville. He has created a H.J. Res. 99. Joint resolution relating to ∑ Mr. LEVIN. Mr. President, I am de- standard of community engagement the disapproval of the President’s exercise of lighted to honor the contributions of a that will be an inspiration to his suc- authority to suspend the debt limit, as sub- loyal and dedicated public servant, cessors. Indeed, Mayor Buck has made mitted under section 1002(b) of the Con- Mayor James Buck. In November, a tremendous contribution to the lives tinuing Appropriations Act, 2014 on October 17, 2013. Mayor Buck will retire after 41⁄2 dec- of residents of the City of Grandville ades of public service, 29 years of which now and for generations to come. f he served as Mayor of Grandville, MI. I ask my colleagues to join me in rec- Through his vision and tireless advo- ognizing the dedicated public service of EXECUTIVE AND OTHER cacy, Mayor Buck has helped to make one of the finest locally elected offi- COMMUNICATIONS sure this fine city continues to be a cials in Michigan, Jim Buck. He has The following communications were wonderful place to raise a family and dedicated himself to the betterment of laid before the Senate, together with for businesses to thrive. his community. On behalf of the people accompanying papers, reports, and doc- Jim Buck began his career in public of Michigan, I wish Jim and his won- uments, and were referred as indicated: service as an appointed member of the derful wife, Kathryn (Kitty) Buck the EC–3391. A communication from the Con- Grandville Park & Recreation Board in very best for a well-deserved retire- gressional Review Coordinator, Animal and 1968. Three years later, in 1971, he was ment.∑ Plant Health Inspection Service, Department elected to the Grandville City Council. f of Agriculture, transmitting, pursuant to After a successful stint on the city law, the report of a rule entitled ‘‘Cold MESSAGE FROM THE HOUSE Treatment for Fresh Fruits and Vegetables; council, Jim was elected mayor of At 11:03 a.m., a message from the MidAmerica St. Louis Airport, Mascaoutah, Grandville in 1984 and has gone on to IL’’ (Docket No. APHIS–2012–0089) received serve eight consecutive terms. House of Representatives, delivered by Mrs. Cole, one of its reading clerks, an- during adjournment of the Senate in the Of- Although the position of mayor of fice of the President of the Senate on Octo- Grandville is part-time, Mayor Buck nounced that the House has passed the ber 24, 2013; to the Committee on Agri- has always approached it as a full-time following bill and joint resolution, in culture, Nutrition, and Forestry. responsibility. He has devoted himself which it requests the concurrence of EC–3392. A communication from the Con- to his work as mayor and is visible at the Senate: gressional Review Coordinator, Animal and community events throughout the H.R. 992. An act to amend provisions in Plant Health Inspection Service, Department of Agriculture, transmitting, pursuant to year. He is committed to economic and section 716 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relat- law, the report of a rule entitled ‘‘Gypsy residential development, and has made ing to Federal assistance for swaps entities. Moth Generally Infested Areas; Additions in decisions that have brought businesses H.J. Res. 99. Joint resolution relating to Wisconsin’’ (Docket No. APHIS–2012–0075) re- and residents to Grandville. He has the disapproval of the President’s exercise of ceived during adjournment of the Senate in

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7721 the Office of the President of the Senate on AMS–FV–13–0009; FV13–905–2 FIR) received Service, Department of Agriculture, trans- October 24, 2013; to the Committee on Agri- during adjournment of the Senate in the Of- mitting, pursuant to law, the report of a rule culture, Nutrition, and Forestry. fice of the President of the Senate on Octo- entitled ‘‘Apricots Grown in Designated EC–3393. A communication from the Con- ber 24, 2013; to the Committee on Agri- Counties in Washington; Suspension of Han- gressional Review Coordinator, Animal and culture, Nutrition, and Forestry. dling Regulations’’ (Docket No. AMS–FV–13– Plant Health Inspection Service, Department EC–3400. A communication from the Asso- 0040; FV13–922–1 IR)) received during adjourn- of Agriculture, transmitting, pursuant to ciate Administrator of the Fruit and Vege- ment of the Senate in the Office of the Presi- law, the report of a rule entitled ‘‘Citrus table Programs, Agricultural Marketing dent of the Senate on October 24, 2013; to the Canker, Citrus Greening, and Asian Citrus Service, Department of Agriculture, trans- Committee on Agriculture, Nutrition, and Psyllid; Interstate Movement of Regulated mitting, pursuant to law, the report of a rule Forestry. Nursery Stock’’ ((RIN0579–AD29) (Docket No. entitled ‘‘Avocados Grown in South Florida; EC–3407. A communication from the Asso- APHIS–2010–0048)) received during adjourn- Change in Minimum Grade Requirements’’ ciate Administrator of the Fruit and Vege- ment of the Senate in the Office of the Presi- (Docket No. AMS–FV–12–0067; FV13–915–1 FR) table Programs, Agricultural Marketing dent of the Senate on October 24, 2013; to the received during adjournment of the Senate Service, Department of Agriculture, trans- Committee on Agriculture, Nutrition, and in the Office of the President of the Senate mitting, pursuant to law, the report of a rule Forestry. on October 24, 2013; to the Committee on Ag- entitled ‘‘Kiwifruit Grown in California; De- EC–3394. A communication from the Asso- riculture, Nutrition, and Forestry. creased Assessment Rate’’ (Docket No. AMS– ciate Administrator, National Organic Pro- EC–3401. A communication from the Asso- FV–13–0071; FV13–920–2 IR)) received during gram, Department of Agriculture, transmit- ciate Administrator of the Fruit and Vege- adjournment of the Senate in the Office of ting, pursuant to law, the report of a rule en- table Programs, Agricultural Marketing the President of the Senate on October 24, titled ‘‘National Organic Program (NOP); Service, Department of Agriculture, trans- 2013; to the Committee on Agriculture, Nu- Sunset Review (2013)’’ ((RIN0581–AD13) mitting, pursuant to law, the report of a rule trition, and Forestry. (Docket No. AMS–NOP–11–0003; NOP–10– entitled ‘‘Cranberries Grown in States of EC–3408. A communication from the Asso- 13FR)) received during adjournment of the Massachusetts, Rhode Island, Connecticut, ciate Administrator of the Fruit and Vege- Senate in the Office of the President of the New Jersey, Wisconsin, Michigan, Min- table Programs, Agricultural Marketing Senate on October 24, 2013; to the Committee nesota, Oregon, Washington, and Long Island Service, Department of Agriculture, trans- on Agriculture, Nutrition, and Forestry. in the State of New York; Revising Deter- mitting, pursuant to law, the report of a rule EC–3395. A communication from the Asso- mination of Sales History’’ (Docket No. entitled ‘‘Apricots Grown in Designated ciate Administrator of the Fruit and Vege- AMS–FV–12–0042; FV12–929–2 FR) received Counties in Washington; Increased Assess- table Programs, Agricultural Marketing during adjournment of the Senate in the Of- ment Rate’’ (Docket No. AMS–FV–13–0041; Service, Department of Agriculture, trans- fice of the President of the Senate on Octo- FV13–922–2 FR)) received during adjournment mitting, pursuant to law, the report of a rule ber 24, 2013; to the Committee on Agri- of the Senate in the Office of the President entitled ‘‘Vidalia Onions Grown in Georgia; culture, Nutrition, and Forestry. of the Senate on October 24, 2013; to the Com- Change in Reporting and Assessment Re- EC–3402. A communication from the Asso- mittee on Agriculture, Nutrition, and For- quirements’’ (Docket No. AMS–FV–12–0071; ciate Administrator of the Fruit and Vege- estry. FV13–955–1 FIR) received during adjourn- table Programs, Agricultural Marketing EC–3409. A communication from the Asso- ment of the Senate in the Office of the Presi- Service, Department of Agriculture, trans- ciate Administrator of the Fruit and Vege- dent of the Senate on October 24, 2013; to the mitting, pursuant to law, the report of a rule table Programs, Agricultural Marketing Committee on Agriculture, Nutrition, and entitled ‘‘United States Standards for Condi- Service, Department of Agriculture, trans- Forestry. tion of Food Containers’’ ((RIN0581–AC52) mitting, pursuant to law, the report of a rule entitled ‘‘Irish Potatoes Grown in Wash- EC–3396. A communication from the Asso- (Docket No. AMS–FV–08–0027; FV–05–332)) re- ington; Temporary Change to Handling Reg- ciate Administrator of the Fruit and Vege- ceived during adjournment of the Senate in ulations and Reporting Requirements for table Programs, Agricultural Marketing the Office of the President of the Senate on Yellow Fleshed and White Types of Pota- Service, Department of Agriculture, trans- October 24, 2013; to the Committee on Agri- toes’’ (Docket No. AMS–FV–13–0067; FV13– mitting, pursuant to law, the report of a rule culture, Nutrition, and Forestry. entitled ‘‘Paper and Paper-Based Packaging EC–3403. A communication from the Asso- 946–2 IR)) received during adjournment of the Promotion, Research and Information Order; ciate Administrator of the Fruit and Vege- Senate in the Office of the President of the Referendum Procedures’’ ((RIN0581–AD21) table Programs, Agricultural Marketing Senate on October 24, 2013; to the Committee on Agriculture, Nutrition, and Forestry. (Docket No. AMS–FV–11–0069; FR–B) received Service, Department of Agriculture, trans- EC–3410. A communication from the Direc- during adjournment of the Senate in the Of- mitting, pursuant to law, the report of a rule tor of the Regulation Policy and Manage- fice of the President of the Senate on Octo- entitled ‘‘Tart Cherries Grown in the State ment Office of the General Counsel, Veterans ber 24, 2013; to the Committee on Agri- of Michigan, New York, Pennsylvania, Or- Health Administration, Department of Vet- culture, Nutrition, and Forestry. egon, Utah, Washington, and Wisconsin; Re- erans Affairs, transmitting, pursuant to law, EC–3397. A communication from the Asso- vising Handler Reporting and Grower Divi- the report of a rule entitled ‘‘VA Dental In- ciate Administrator of the Fruit and Vege- sion Requirements’’ (Docket No. AMS–FV– surance Program-Federalism’’ (RIN2900– table Programs, Agricultural Marketing 13–0030; FV13–930–2 IR) received during ad- AO85) received during adjournment of the Service, Department of Agriculture, trans- journment of the Senate in the Office of the Senate in the Office of the President of the mitting, pursuant to law, the report of a rule President of the Senate on October 24, 2013; Senate on October 22, 2013; to the Committee entitled ‘‘Domestic Dates Produced or to the Committee on Agriculture, Nutrition, on Veterans’ Affairs. Packed in Riverside County, California; De- and Forestry. EC–3411. A communication from the Presi- creased Assessment Rate’’ (Docket No. AMS– EC–3404. A communication from the Asso- dent of the United States, transmitting, pur- FV–13–0053; FV13–987–1 IR) received during ciate Administrator of the Fruit and Vege- suant to law, a report on the continuation of adjournment of the Senate in the Office of table Programs, Agricultural Marketing the national emergency declared in Execu- the President of the Senate on October 24, Service, Department of Agriculture, trans- tive Order 13413 with respect to blocking the 2013; to the Committee on Agriculture, Nu- mitting, pursuant to law, the report of a rule property of persons contributing to the con- trition, and Forestry. entitled ‘‘Irish Potatoes Grown in Wash- flict taking place in the Democratic Repub- EC–3398. A communication from the Asso- ington; Decreased Assessment Rate’’ (Docket lic of the Congo; to the Committee on Bank- ciate Administrator of the Fruit and Vege- No. AMS–FV–13–0010; FV13–946–1 FIR)) re- ing, Housing, and Urban Affairs. table Programs, Agricultural Marketing ceived during adjournment of the Senate in EC–3412. A communication from the Assist- Service, Department of Agriculture, trans- the Office of the President of the Senate on ant General Counsel for Legislation, Regula- mitting, pursuant to law, the report of a rule October 24, 2013; to the Committee on Agri- tion and Energy Efficiency, Department of entitled ‘‘Potato Research and Promotion culture, Nutrition, and Forestry. Energy, transmitting, pursuant to law, the Plan; Amend the Administrative Committee EC–3405. A communication from the Asso- report of a rule entitled ‘‘Energy Conserva- Structure and Delete the Board’s Mailing ciate Administrator of the Fruit and Vege- tion Program: Energy Conservation Stand- Address’’ (Docket No. AMS–FV–13–0027) re- table Programs, Agricultural Marketing ards for Certain Consumer Products and ceived during adjournment of the Senate in Service, Department of Agriculture, trans- Commercial and Industrial Equipment’’ the Office of the President of the Senate on mitting, pursuant to law, the report of a rule (RIN1904–AD08) received during adjournment October 24, 2013; to the Committee on Agri- entitled ‘‘Sweet Cherries Grown in Des- of the Senate in the Office of the President culture, Nutrition, and Forestry. ignated Counties in Washington; Decreased of the Senate on October 23, 2013; to the Com- EC–3399. A communication from the Asso- Assessment Rate’’ (Docket No. AMS–FV–13– mittee on Energy and Natural Resources. ciate Administrator of the Fruit and Vege- 0055; FV13–923–1 IR)) received during adjourn- EC–3413. A communication from the Assist- table Programs, Agricultural Marketing ment of the Senate in the Office of the Presi- ant General Counsel for Legislation, Regula- Service, Department of Agriculture, trans- dent of the Senate on October 24, 2013; to the tion and Energy Efficiency, Department of mitting, pursuant to law, the report of a rule Committee on Agriculture, Nutrition, and Energy, transmitting, pursuant to law, the entitled ‘‘Oranges, Grapefruit, Tangerines, Forestry. report of a rule entitled ‘‘Energy Conserva- and Tangelos Grown in Florida; Relaxing EC–3406. A communication from the Asso- tion Program for Consumer Products and Size and Grade Requirements on Valencia ciate Administrator of the Fruit and Vege- Certain Commercial and Industrial Equip- and Other Large Type Oranges’’ (Docket No. table Programs, Agricultural Marketing ment: Test Procedures for Showerheads,

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7722 CONGRESSIONAL RECORD — SENATE October 31, 2013 Faucets, Water Closets, Urinals, and Com- ceived during adjournment of the Senate in EC–3428. A communication from the Chief mercial Prerinse Spray Valves’’ (RIN1904– the Office of the President of the Senate on of the Endangered Species Listing Branch, AC65) received during adjournment of the October 24, 2013; to the Committee on Envi- Fish and Wildlife Service, Department of the Senate in the Office of the President of the ronment and Public Works. Interior, transmitting, pursuant to law, the Senate on October 23, 2013; to the Committee EC–3421. A communication from the Wild- report of a rule entitled ‘‘Endangered and on Energy and Natural Resources. life Biologist, Fish and Wildlife Service, De- Threatened Wildlife and Plants; Designation EC–3414. A communication from the Direc- partment of the Interior, transmitting, pur- of Critical Habitat for the Fluted tor, Office of Surface Mining, Department of suant to law, the report of a rule entitled Kidneyshell and Slabside Pearlymussel’’ the Interior, transmitting, pursuant to law, ‘‘Migratory Bird Hunting; Final Frameworks (RIN1018–AZ48) received during adjournment the report of a rule entitled ‘‘Mississippi for Late-Season Migratory Bird Hunting of the Senate in the Office of the President Regulatory Program’’ (Docket No. MS–023– Regulations’’ (RIN1018–AY87) received during of the Senate on October 24, 2013; to the Com- FOR) received during adjournment of the adjournment of the Senate in the Office of mittee on Environment and Public Works. Senate in the Office of the President of the the President of the Senate on October 24, EC–3429. A communication from the Chair- Senate on October 24, 2013; to the Committee 2013; to the Committee on Environment and man, Board of Trustees and the President, on Energy and Natural Resources. Public Works. John F. Kennedy Center for the Performing EC–3415. A communication from the Direc- EC–3422. A communication from the Chief Arts, transmitting, pursuant to law, a finan- tor of the Regulatory Management Division, of the Endangered Species Listing Branch, cial report in accordance with Section 8G(h) Environmental Protection Agency, transmit- Fish and Wildlife Service, Department of the of the Inspector General Act of 1978; to the ting, pursuant to law, the report of a rule en- Interior, transmitting, pursuant to law, the Committee on Rules and Administration. titled ‘‘Approval and Promulgation of Imple- report of a rule entitled ‘‘Endangered and EC–3430. A communication from the Dep- mentation Plans; Approval and Promulga- Threatened Wildlife and Plants; Threatened uty General Counsel, Office of Government tion of State Air Quality Plans for Des- Species Status for Spring Pygmy Sunfish’’ Contracting, Small Business Administration, ignated Facilities and Pollutants, State of (RIN1018–AY19) received during adjournment transmitting, pursuant to law, the report of Iowa; Control of Emissions From Existing of the Senate in the Office of the President a rule entitled ‘‘Small Business Subcon- Hospital/Medical/Infectious Waste Inciner- of the Senate on October 24, 2013; to the Com- tracting’’ (RIN3245–AG22) received during ad- ator Units, Negative Declaration and 111(d) mittee on Environment and Public Works. journment of the Senate in the Office of the Plan Rescission; Approval and Promulgation EC–3423. A communication from the Chief President of the Senate on October 24, 2013; of the Endangered Species Listing Branch, of Operating Permits Program, State of to the Committee on Small Business and En- Fish and Wildlife Service, Department of the Iowa’’ (FRL No. 9901–65–Region 7) received trepreneurship. during adjournment of the Senate in the Of- Interior, transmitting, pursuant to law, the EC–3431. A communication from the Dep- fice of the President of the Senate on Octo- report of a rule entitled ‘‘Endangered and uty General Counsel, Office of Government ber 22, 2013; to the Committee on Environ- Threatened Wildlife and Plants; Endangered Contracting, Small Business Administration, Species Status for the Fluted Kidneyshell ment and Public Works. transmitting, pursuant to law, the report of EC–3416. A communication from the Wild- and Slabside Pearlymussel’’ (RIN1018–AY06) a rule entitled ‘‘Small Business Size and Sta- life Biologist, Fish and Wildlife Service, De- received during adjournment of the Senate tus Integrity’’ (RIN3245–AG23) received dur- in the Office of the President of the Senate partment of the Interior, transmitting, pur- ing adjournment of the Senate in the Office on October 24, 2013; to the Committee on En- suant to law, the report of a rule entitled of the President of the Senate on October 24, ‘‘Migratory Bird Hunting; Final Frameworks vironment and Public Works. EC–3424. A communication from the Chief 2013; to the Committee on Small Business for Early-Season Migratory Bird Hunting of the Endangered Species Listing Branch, and Entrepreneurship. Regulations’’ (RIN1018–AY87) received during EC–3432. A communication from the Dep- Fish and Wildlife Service, Department of the adjournment of the Senate in the Office of uty General Counsel, Office of Size Stand- Interior, transmitting, pursuant to law, the the President of the Senate on October 24, ards, Small Business Administration, trans- report of a rule entitled ‘‘Endangered and mitting, pursuant to law, the report of a rule 2013; to the Committee on Environment and Threatened Wildlife and Plants; Determina- entitled ‘‘Small Business Size Standards: Public Works. tion of Endangered Status for Chromolaena EC–3417. A communication from the Wild- Support Activities for Mining’’ (RIN3245– frustrata (Cape Sable Thoroughwort), life Biologist, Fish and Wildlife Service, De- Consolea corallicola (Florida Semaphore AG44) received during adjournment of the partment of the Interior, transmitting, pur- Cactus), and Harrisia aborginum (Aboriginal Senate in the Office of the President of the suant to law, the report of a rule entitled Prickly-Apple)’’ (RIN1018–AY08) received Senate on October 24, 2013; to the Committee ‘‘Migratory Bird Hunting; Early Seasons and during adjournment of the Senate in the Of- on Small Business and Entrepreneurship. Bag and Possession Limits for Certain Mi- EC–3433. A communication from the Dep- fice of the President of the Senate on Octo- uty General Counsel, Office of Size Stand- gratory Game Birds in the Contiguous ber 24, 2013; to the Committee on Environ- ards, Small Business Administration, trans- United States, Alaska, Hawaii, Puerto Rico, ment and Public Works. and the Virgin Islands’’ (RIN1018–AY87) re- EC–3425. A communication from the Chief mitting, pursuant to law, the report of a rule ceived during adjournment of the Senate in of the Endangered Species Listing Branch, entitled ‘‘Small Business Size Standards: Fi- the Office of the President of the Senate on Fish and Wildlife Service, Department of the nance and Insurance and Management of October 24, 2013; to the Committee on Envi- Interior, transmitting, pursuant to law, the Companies and Enterprises’’ (RIN3245–AG45) ronment and Public Works. report of a rule entitled ‘‘Endangered and received during adjournment of the Senate EC–3418. A communication from the Wild- Threatened Wildlife and Plants; Revised in the Office of the President of the Senate life Biologist, Fish and Wildlife Service, De- Critical Habitat for the Comal Springs on October 24, 2013; to the Committee on partment of the Interior, transmitting, pur- Dryopid Beetle, Comal Springs Riffle Beetle, Small Business and Entrepreneurship. suant to law, the report of a rule entitled and Peck’s Cave Amphipod’’ (RIN1018–AY20) EC–3434. A communication from the Dep- ‘‘Migratory Bird Hunting; Migratory Bird received during adjournment of the Senate uty General Counsel, Office of Size Stand- Hunting Regulations on Certain Federal In- in the Office of the President of the Senate ards, Small Business Administration, trans- dian Reservations and Ceded Lands for the on October 24, 2013; to the Committee on En- mitting, pursuant to law, the report of a rule 2013–14 Early Season’’ (RIN1018–AY87) re- vironment and Public Works. entitled ‘‘Small Business Size Standards: Ag- ceived during adjournment of the Senate in EC–3426. A communication from the Chief riculture, Forestry, Fishing and Hunting’’ the Office of the President of the Senate on of the Endangered Species Listing Branch, (RIN3245–AG43) received during adjournment October 24, 2013; to the Committee on Envi- Fish and Wildlife Service, Department of the of the Senate in the Office of the President ronment and Public Works. Interior, transmitting, pursuant to law, the of the Senate on October 24, 2013; to the Com- EC–3419. A communication from the Wild- report of a rule entitled ‘‘Endangered and mittee on Small Business and Entrepreneur- life Biologist, Fish and Wildlife Service, De- Threatened Wildlife and Plants; Determina- ship. partment of the Interior, transmitting, pur- tion of Endangered Species Status for 15 Spe- EC–3435. A communication from the Dep- suant to law, the report of a rule entitled cies on Hawaii Island’’ (RIN1018–AY09) re- uty General Counsel, Office of Size Stand- ‘‘Migratory Bird Hunting; Migratory Bird ceived during adjournment of the Senate in ards, Small Business Administration, trans- Hunting Regulations on Certain Federal In- the Office of the President of the Senate on mitting, pursuant to law, the report of a rule dian Reservations and Ceded Lands for the October 24, 2013; to the Committee on Envi- entitled ‘‘Small Business Size Standards: 2013–14 Late Season’’ (RIN1018–AY87) re- ronment and Public Works. Arts, Entertainment, and Recreation’’ ceived during adjournment of the Senate in EC–3427. A communication from the Chief (RIN3245–AG36) received during adjournment the Office of the President of the Senate on of the Endangered Species Listing Branch, of the Senate in the Office of the President October 24, 2013; to the Committee on Envi- Fish and Wildlife Service, Department of the of the Senate on October 24, 2013; to the Com- ronment and Public Works. Interior, transmitting, pursuant to law, the mittee on Small Business and Entrepreneur- EC–3420. A communication from the Wild- report of a rule entitled ‘‘Endangered and ship. life Biologist, Fish and Wildlife Service, De- Threatened Wildlife and Plants; Listing the EC–3436. A communication from the Dep- partment of the Interior, transmitting, pur- Blue-throated Macaw’’ (RIN1018–AY68) re- uty Under Secretary and Deputy Director, suant to law, the report of a rule entitled ceived during adjournment of the Senate in Patent and Trademark Office, Department of ‘‘Migratory Bird Hunting; Late Seasons and the Office of the President of the Senate on Commerce, transmitting, pursuant to law, Bag and Possession Limits for Certain Mi- October 24, 2013; to the Committee on Envi- the report of a rule entitled ‘‘Changes to Im- gratory Game Birds’’ (RIN1018–AY87) re- ronment and Public Works. plement the Patent Law Treaty’’ (RIN0651–

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7723 AC85) received during adjournment of the eries, Department of Commerce, transmit- Fishery’’ (RIN0648–XC823) received during ad- Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- journment of the Senate in the Office of the Senate on October 18, 2013; to the Committee titled ‘‘Fisheries of the Exclusive Economic President of the Senate on October 17, 2013; on the Judiciary. Zone Off Alaska; Pollock in Statistical Area to the Committee on Commerce, Science, EC–3437. A communication from the Dep- 620 in the Gulf of Alaska’’ (RIN0648–XC873) and Transportation. uty Assistant Administrator, Office of Sus- received during adjournment of the Senate EC–3452. A communication from the Acting tainable Fisheries, Department of Com- in the Office of the President of the Senate Deputy Director, Office of Sustainable Fish- merce, transmitting, pursuant to law, the re- on October 17, 2013; to the Committee on eries, Department of Commerce, transmit- port of a rule entitled ‘‘Fisheries of the Car- Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- ibbean, Gulf of Mexico, and South Atlantic; EC–3445. A communication from the Acting titled ‘‘Fisheries of the Exclusive Economic Snapper-Grouper Fishery Off the Southern Deputy Director, Office of Sustainable Fish- Zone Off Alaska; Reallocation of Pacific Cod Atlantic States; Regulatory Amendment 19’’ eries, Department of Commerce, transmit- in the Bering Sea and Aleutian Islands Man- (RIN0648–BD16) received during adjournment ting, pursuant to law, the report of a rule en- agement Area’’ (RIN0648–XC882) received of the Senate in the Office of the President titled ‘‘Fisheries of the Exclusive Economic during adjournment of the Senate in the Of- of the Senate on October 17, 2013; to the Com- Zone Off Alaska; ‘Other Rockfish’ in the fice of the President of the Senate on Octo- mittee on Commerce, Science, and Transpor- Aleutian Island Subarea of the Bering Sea ber 17, 2013; to the Committee on Commerce, tation. and Aleutian Islands Management Area’’ Science, and Transportation. EC–3438. A communication from the Direc- (RIN0648–XC869) received during adjourn- EC–3453. A communication from the Acting tor, Office of Sustainable Fisheries, Depart- ment of the Senate in the Office of the Presi- Deputy Director, Office of Sustainable Fish- ment of Commerce, transmitting, pursuant dent of the Senate on October 17, 2013; to the eries, Department of Commerce, transmit- to law, the report of a rule entitled ‘‘Fish- Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- eries of the Northeastern United States; Transportation. titled ‘‘Fisheries of the Exclusive Economic Summer Flounder Fishery; Commercial EC–3446. A communication from the Acting Zone Off Alaska; Pollock in Statistical Area Quota Harvested for the State of New York’’ Deputy Director, Office of Sustainable Fish- 630 in the Gulf of Alaska’’ (RIN0648–XC875) (RIN0648–XC878) received during adjourn- eries, Department of Commerce, transmit- received during adjournment of the Senate ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate dent of the Senate on October 17, 2013; to the titled ‘‘Fisheries of the Northeastern United on October 17, 2013; to the Committee on Committee on Commerce, Science, and States; Bluefish Fishery; Quota Transfer’’ Commerce, Science, and Transportation. Transportation. (RIN0648–XC815) received during adjourn- EC–3454. A communication from the Acting EC–3439. A communication from the Direc- ment of the Senate in the Office of the Presi- Deputy Director, Office of Sustainable Fish- tor, Office of Sustainable Fisheries, Depart- dent of the Senate on October 17, 2013; to the eries, Department of Commerce, transmit- ment of Commerce, transmitting, pursuant Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Inter- Transportation. titled ‘‘Fisheries of the Exclusive Economic national Fisheries; Western and Central Pa- EC–3447. A communication from the Acting Zone Off Alaska; Shortraker Rockfish in the cific Fisheries for Highly Migratory Species; Deputy Director, Office of Sustainable Fish- Bering Sea and Aleutian Islands Manage- Bigeye Tuna Catch Limit in Longline Fish- eries, Department of Commerce, transmit- ment Area’’ (RIN0648–XC876) received during eries for 2013 and 2014’’ (RIN0648–BC88) re- ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of ceived during adjournment of the Senate in titled ‘‘Fisheries of the Exclusive Economic the President of the Senate on October 17, the Office of the President of the Senate on Zone Off Alaska; Greenland Turbot in the 2013; to the Committee on Commerce, October 17, 2013; to the Committee on Com- Bering Sea and Aleutian Islands Manage- Science, and Transportation. merce, Science, and Transportation. ment Area’’ (RIN0648–XC851) received during EC–3455. A communication from the Acting EC–3440. A communication from the Direc- adjournment of the Senate in the Office of Deputy Director, Office of Sustainable Fish- tor, Office of Sustainable Fisheries, Depart- the President of the Senate on October 17, eries, Department of Commerce, transmit- ment of Commerce, transmitting, pursuant 2013; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Fish- titled ‘‘Fisheries of the Caribbean, Gulf of eries of the Caribbean, Gulf of Mexico, and Science, and Transportation. EC–3448. A communication from the Acting Mexico, and South Atlantic; 2013 Commer- South Atlantic’’ (RIN0648–BB70) received Deputy Director, Office of Sustainable Fish- cial Accountability Measure and Closure for during adjournment of the Senate in the Of- eries, Department of Commerce, transmit- South Atlantic Snowy Grouper’’ (RIN0648– fice of the President of the Senate on Octo- ting, pursuant to law, the report of a rule en- XC733) received during adjournment of the ber 17, 2013; to the Committee on Commerce, titled ‘‘Fisheries of the Exclusive Economic Senate in the Office of the President of the Science, and Transportation. EC–3441. A communication from the Dep- Zone Off Alaska; Pacific Cod in the Bering Senate on October 17, 2013; to the Committee uty Director, Office of Sustainable Fisheries, Sea and Aleutian Islands Management Area’’ on Commerce, Science, and Transportation. EC–3456. A communication from the Acting Department of Commerce, transmitting, pur- (RIN0648–XC832) received during adjourn- suant to law, the report of a rule entitled ment of the Senate in the Office of the Presi- Deputy Director, Office of Sustainable Fish- ‘‘Fisheries of the Northeastern United dent of the Senate on October 17, 2013; to the eries, Department of Commerce, transmit- States; Northeast Multispecies Fisheries Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- Management Plan; Northern Red Hake Transportation. titled ‘‘Atlantic Highly Migratory Species; Quota Harvested’’ (RIN0648–XC793) received EC–3449. A communication from the Acting Commercial Atlantic Aggregated Large during adjournment of the Senate in the Of- Deputy Director, Office of Sustainable Fish- Coastal Shark (LCS), Atlantic Hammerhead fice of the President of the Senate on Octo- eries, Department of Commerce, transmit- Shark, Atlantic Blacknose Shark, and Atlan- ber 17, 2013; to the Committee on Commerce, ting, pursuant to law, the report of a rule en- tic Non-Blacknose Small Coastal Shark Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic (SCS) Management Groups’’ (RIN0648–XC881) EC–3442. A communication from the Dep- Zone Off Alaska; Reallocation of Pacific Cod received during adjournment of the Senate uty Director, Office of Sustainable Fisheries, in the Bering Sea and Aleutian Islands Man- in the Office of the President of the Senate Department of Commerce, transmitting, pur- agement Area’’ (RIN0648–XC831) received on October 17, 2013; to the Committee on suant to law, the report of a rule entitled during adjournment of the Senate in the Of- Commerce, Science, and Transportation. ‘‘Coastal Migratory Pelagic Resources of the fice of the President of the Senate on Octo- EC–3457. A communication from the Attor- Gulf of Mexico and South Atlantic; 2013–2014 ber 17, 2013; to the Committee on Commerce, ney-Advisor, U.S. Coast Guard, Department Accountability Measure and Closure for Gulf Science, and Transportation. of Homeland Security, transmitting, pursu- King Mackerel in Western Zone’’ (RIN0648– EC–3450. A communication from the Acting ant to law, the report of a rule entitled XC868) received during adjournment of the Deputy Director, Office of Sustainable Fish- ‘‘Safety Zone; Bay Swim VI, Presque Isle Senate in the Office of the President of the eries, Department of Commerce, transmit- Bay , Erie, PA’’ ((RIN1625–AA00) (Docket No. Senate on October 17, 2013; to the Committee ting, pursuant to law, the report of a rule en- USCG–2013–0311)) received during adjourn- on Commerce, Science, and Transportation. titled ‘‘Fisheries of the Exclusive Economic ment of the Senate in the Office of the Presi- EC–3443. A communication from the Acting Zone Off Alaska; Arrowtooth Flounder in the dent of the Senate on October 17, 2013; to the Deputy Director, Office of Sustainable Fish- Bering Sea and Aleutian Islands Manage- Committee on Commerce, Science, and eries, Department of Commerce, transmit- ment Area’’ (RIN0648–XC816) received during Transportation. ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of EC–3458. A communication from the Attor- titled ‘‘Fisheries of the Exclusive Economic the President of the Senate on October 17, ney-Advisor, U.S. Coast Guard, Department Zone Off Alaska; Sharks in the Bering Sea 2013; to the Committee on Commerce, of Homeland Security, transmitting, pursu- and Aleutian Islands Management Area’’ Science, and Transportation. ant to law, the report of a rule entitled (RIN0648–XC872) received during adjourn- EC–3451. A communication from the Acting ‘‘Nontank Vessel Response Plans and Other ment of the Senate in the Office of the Presi- Deputy Director, Office of Sustainable Fish- Response Plan Requirements’’ ((RIN1625– dent of the Senate on October 17, 2013; to the eries, Department of Commerce, transmit- AB27) (Docket No. USCG–2008–1070)) received Committee on Commerce, Science, and ting, pursuant to law, the report of a rule enduring adjournment of the Senate in the Of- Transportation. titled ‘‘Fisheries of the Northeastern United fice of the President of the Senate on Octo- EC–3444. A communication from the Acting States; Northeast Multispecies Fishery; Trip ber 17, 2013; to the Committee on Commerce, Deputy Director, Office of Sustainable Fish- Limit Adjustments for the Common Pool Science, and Transportation.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7724 CONGRESSIONAL RECORD — SENATE October 31, 2013 EC–3459. A communication from the Attor- S. Res. 268. A resolution condemning the Air Force nomination of Gregory L. ney-Advisor, U.S. Coast Guard, Department September 2013 terrorist attack at the Koontz, to be Major. of Homeland Security, transmitting, pursu- Westgate Mall in Nairobi, Kenya, and re- Air Force nomination of Nga T. Do, to be ant to law, the report of a rule entitled ‘‘Se- affirming United States support for the peo- Lieutenant Colonel. curity Zone; Baltimore Harbor, Baltimore’s ple and Government of Kenya, and for other Army nomination of Richard L. Inner Harbor; Baltimore, MD’’ ((RIN1625– purposes. Piontkowski, to be Colonel. AA87) (Docket No. USCG–2013–0767)) received By Mr. LEAHY, from the Committee on Army nominations beginning with Sary O. during adjournment of the Senate in the Of- the Judiciary, with an amendment in the na- Beidas and ending with Gerry R. Gerry, fice of the President of the Senate on Octo- ture of a substitute: which nominations were received by the Sen- ber 17, 2013; to the Committee on Commerce, S. 42. A bill to provide anti-retaliation pro- Science, and Transportation. ate and appeared in the Congressional tections for antitrust whistleblowers. Record on September 17, 2013. EC–3460. A communication from the Chair- By Mrs. FEINSTEIN, from the Select Com- Army nomination of Benjamin P. Donham, man of the Office of Proceedings, Surface mittee on Intelligence, without amendment: Transportation Board, Department of Trans- to be Major. S. 1631. A bill to consolidate the congres- portation, transmitting, pursuant to law, the sional oversight provisions of the Foreign In- Army nominations beginning with An- report of a rule entitled ‘‘Information Re- telligence Surveillance Act of 1978 and for thony P. Clark and ending with Karen L. quired in Notices and Petitions Containing other purposes. Ryan, which nominations were received by Interchange Commitments’’ (RIN2140–AB13) the Senate and appeared in the Congres- received during adjournment of the Senate f sional Record on September 17, 2013. in the Office of the President of the Senate Army nomination of Robert F. on October 17, 2013; to the Committee on EXECUTIVE REPORTS OF Pleczkowski, to be Colonel. Commerce, Science, and Transportation. COMMITTEES Army nominations beginning with Milton EC–3461. A communication from the Assist- ant General Counsel for Regulatory Affairs, The following executive reports of L. Shipman and ending with Robert W. Stew- Consumer Product Safety Commission, nominations were submitted: art, which nominations were received by the Senate and appeared in the Congressional transmitting, pursuant to law, the report of By Mr. LEVIN for the Committee on Record on October 7, 2013. a rule entitled ‘‘Safety Standard for Ciga- Armed Services. rette Lighters; Adjusted Customs Value for *Kenneth L. Mossman, of Arizona, to be a Army nominations beginning with John C. Cigarette Lighters’’ (16 CFR Part 1210) re- Member of the Defense Nuclear Facilities Anderson and ending with Alexis M. Wells, ceived during adjournment of the Senate in Safety Board for a term expiring October 18, which nominations were received by the Sen- the Office of the President of the Senate on 2016. ate and appeared in the Congressional Record on October 7, 2013. October 17, 2013; to the Committee on Com- *Jo Ann Rooney, of Massachusetts, to be merce, Science, and Transportation. Under Secretary of the Navy. Army nominations beginning with James EC–3462. A communication from the Chief *Jamie Michael Morin, of Michigan, to be L. Brisson, Jr. and ending with David A. of Staff, Media Bureau, Federal Communica- Director of Cost Assessment and Program Vanderjagt, which nominations were re- tions Commission, transmitting, pursuant to Evaluation, Department of Defense. ceived by the Senate and appeared in the law, the report of a rule entitled ‘‘Television Congressional Record on October 7, 2013. *Michael D. Lumpkin, of California, to be Broadcasting Services; Cedar Rapids, Iowa’’ Army nominations beginning with James (MB Docket No. 13–182, DA 13–1882) received an Assistant Secretary of Defense. *Air Force nomination of Maj. Gen. Sam- D. Brown and ending with Leslie D. Maloney, during adjournment of the Senate in the Of- which nominations were received by the Sen- fice of the President of the Senate on Octo- uel D. Cox, to be Lieutenant General. Air Force nomination of Col. Jill J. Nel- ate and appeared in the Congressional ber 18, 2013; to the Committee on Commerce, Record on October 7, 2013. Science, and Transportation. son, to be Brigadier General. EC–3463. A communication from the Attor- Army nomination of Col. Hector Lopez, to Army nominations beginning with Lau- ney-Advisor, U.S. Coast Guard, Department be Brigadier General. rence J. Bazer and ending with John E. of Homeland Security, transmitting, pursu- Army nomination of Brig. Gen. Keith D. Trunzo, which nominations were received by ant to law, the report of a rule entitled Jones, to be Major General. the Senate and appeared in the Congres- sional Record on October 7, 2013. ‘‘Safety Zone; San Diego Bayfair; Mission Army nomination of Col. Garrett P. Jen- Bay, San Diego, CA’’ ((RIN1625–AA00) (Dock- sen, to be Brigadier General. Army nominations beginning with Brian et No. USCG–2013–0476)) received during ad- *Army nomination of Lt. Gen. Robert B. M. Adelson and ending with Brian G. Young, journment of the Senate in the Office of the Brown, to be Lieutenant General. which nominations were received by the Sen- President of the Senate on October 17, 2013; Army nomination of Brig. Gen. Robert L. ate and appeared in the Congressional to the Committee on Commerce, Science, Walter, Jr., to be Major General. Record on October 7, 2013. and Transportation. *Army nomination of Maj. Gen. William C. Army nominations beginning with Ken- EC–3464. A communication from the Chief Mayville, Jr., to be Lieutenant General. neth E. Brandt and ending with Wiley R. of Staff, Media Bureau, Federal Communica- *Army nomination of Maj. Gen. Stephen R. Williams, which nominations were received tions Commission, transmitting, pursuant to Lanza, to be Lieutenant General. by the Senate and appeared in the Congres- law, the report of a rule entitled ‘‘An Inquiry sional Record on October 9, 2013. Into the Commission’s Policies and Rules Navy nomination of Capt. Bruce L. Gilling- ham, to be Rear Admiral (lower half). Navy nomination of Justin R. Hodges, to Regarding AM Radio Service Directional An- be Lieutenant Commander. tenna Performance Verification’’ (FCC 13– Mr. LEVIN. Mr. President, for the Navy nomination of George P. Byrum, to 115) received during adjournment of the Sen- Committee on Armed Services I report be Captain. ate in the Office of the President of the Sen- favorably the following nomination Navy nomination of Sennay M. Stefanos, ate on October 18, 2013; to the Committee on lists which were printed in the Commerce, Science, and Transportation. to be Commander. EC–3465. A communication from the Chief RECORDS on the dates indicated, and Navy nomination of Jessica Y. Lin, to be of the Satellite Division, International Bu- ask unanimous consent, to save the ex- Lieutenant Commander. reau, Federal Communications Commission, pense of reprinting on the Executive By Mr. JOHNSON, of South Dakota, for transmitting, pursuant to law, the report of Calendar that these nominations lie at the Committee on Banking, Housing, and a rule entitled ‘‘In the Matter of Comprehen- the Secretary’s desk for the informa- Urban Affairs. sive Review of Licensing and Operating tion of Senators. *Katherine M. O’Regan, of New York, to be Rules for Satellite Services’’ (IB Docket No. The PRESIDING OFFICER. Without an Assistant Secretary of Housing and Urban 12–267, FCC 13–111) received during adjourn- objection, it is so ordered. Development. ment of the Senate in the Office of the Presi- *Wanda Felton, of New York, to be First dent of the Senate on October 18, 2013; to the Air Force nomination of Brian J. Hood, to Vice President of the Export-Import Bank of Committee on Commerce, Science, and be Major. the United States for a term expiring Janu- Transportation. Air Force nominations beginning with ary 20, 2017. John P. Schumacher and ending with Paul C. f Robinson, which nominations were received By Mr. MENENDEZ for the Committee on Foreign Relations. REPORTS OF COMMITTEES by the Senate and appeared in the Congres- sional Record on September 17, 2013. *Frank A. Rose, of Massachusetts, to be an The following reports of committees Air Force nominations beginning with Assistant Secretary of State (Verification were submitted: Scott P. Irwin and ending with Dave C. and Compliance). By Mr. MENENDEZ, from the Committee Prakash, which nominations were received *Tomasz P. Malinowski, of the District of on Foreign Relations, without amendment by the Senate and appeared in the Congres- Columbia, to be Assistant Secretary of State and with a preamble: sional Record on September 17, 2013. for Democracy, Human Rights, and Labor.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7725 *Gregory B. Starr, of Virginia, to be an As- Nominee: James Walter Brewster Jr. them. To the best of my knowledge, the in- sistant Secretary of State (Diplomatic Secu- Post: U.S. Ambassador, Dominican Repub- formation contained in this report is com- rity). lic. plete and accurate.) *Anne W. Patterson, of Virginia, a Career (The following is a list of all members of Contributions, amount, date, donee: Member of the Senior Foreign Service, Class my immediate family and their spouses. I 1. Self: $1250, 02/14/2008, Obama, Barack, via of Career Ambassador, to be an Assistant have asked each of these persons to inform Obama for America. Secretary of State (Near Eastern Affairs). me of the pertinent contributions made by 2. Spouse: Geraldine K. Kam: None. *Rose Eilene Gottemoeller, of Virginia, to them. To the best of my knowledge, the in- 3. Children and Spouses: Alexandra E. be Under Secretary of State for Arms Con- formation contained in this report is com- Nichols (minor, no spouse): None. Sophia E. trol and International Security. plete and accurate.) Nichols (minor, no spouse). *Crystal Nix-Hines, of California, for the Contributions, date, amount, and donee:1. 4. Parents: Charles H. Nichols, father (de- rank of Ambassador during her tenure of 01/02/09, $1000, Presidential Inaugural Com- creased). Mildred T. Nichols, mother: $100.00, service as the United States Permanent Rep- mittee; 2. 02/05/09, $500, Fritchey for U.S. Con- 01/09/08, Obama for America; $25.00, 01/10/08, resentative to the United Nations Edu- gress; 3. 02/27/09, $1000, Democratic National Obama for America; $50.00, 01/25/08, Obama cational, Scientific, and Cultural Organiza- Committee; 4. 03/25/09, $2300, Alexi for America; $50.00, 02/01/08, Obama for Amer- tion. Giannoulias for Illinois; 5. 05/12/09, $1000, ica; $50.00, 02/07/08, Obama for America; *Pamela K. Hamamoto, of Hawaii, to be Democratic National Committee; 6. 06/22/09, $50.00, 02/28/08, Obama for America; $50.00, 03/ Representative of the United States of Amer- $1000, Eddie Bernice Johnson for Congress; 7. 19/08, Obama for America; $30.00, 04/06/08, ica to the Office of the United Nations and 06/24/09, $500, Bill Foster for Congress; 8. 07/15/ Obama for America; $100.00, 04/30/08, Obama Other International Organizations in Gene- 09, $5000, Democratic National Committee; 9. for America; $50.00, 05/21/08, Obama for Amer- va, with the rank of Ambassador. 08/28/09, $500, Alexi Giannoulias for Illinois; ica; $50.00, 05/28/08, Obama for America; Nominee: Pamela K. Hamamoto. 10. 11/15/09, $500, Patrick Murphy for Con- $100.00, 07/02/08, Obama for America; $50.00, 07/ Post: U.S. Representative to the Office of gress; 11. 01/15/10, $500, Martha Coakley for 09/08, Obama for America; $50.00, 07/30/08, the UN and Other International Organiza- Senate; 12. 03/01/10, $1900, Alexi Giannoulias Obama for America; $100.00, 08/12/06, Obama tions in Geneva, with rank of Ambassador. for Illinois; 13. 03/31/10, $250, Bill Foster for for America; $100.00, 08/25/08, Obama for (The following is a list of all members of Congress; 14. 05/16/10, $300, Patrick Murphy America; $100.00, 09/12/08, Obama for America; my immediate family and their spouses. I for Congress; 15. 06/14/10, $500, Dan Seals for $100.00, 10/18/08, Obama for America; $100.00, have asked each of these persons to inform Congress; 16. 06/28/10, $500, Democratic Con- 11/03/08. $50.00, 11/22/08, Obama Transition me of the pertinent contributions made by gressional Campaign Committee; 17. 08/23/10, Project. $50.00, 12/08/08, Hillary Clinton Com- them. To the best of my knowledge, the in- $5000, Democratic National Committee; 18. mittee. $120.00, 12 Monthly $10.00 Contribu- formation contained in this report is com- 09/15/10, $500, Alexi Giannoulias for Illinois; tions, Democratic National Committee. plete and accurate.) 19. 09/23/11, $1000, Schakowsky for Congress; $50.00, 10/12/08, Democratic National Com- Contributions, amount, date and donee: 20. 09/24/10, $250, Eddie Bernice Johnson for mittee. $50.00, 05/22/08, Democratic Congres- 1. Self: $1,000, 10/15/09, Democratic National U.S. Representative; 21. 09/26/10, $1000, Scha- sional Campaign Committee; $35.00, 06/28/08, Committee; $1,000, 4/27/10, Democratic Na- kowsky for Congress; 22. 09/28/10, $500, Democratic Congressional Campaign Com- tional Committee; $5,000, 6/4/11, Tim Kaine Kendrick Meeks for Florida; 23. 10/14/10, $250, mittee; $35.00, 08/25/08, Democratic Congres- for Virginia; $2,500, 6/7/11, Obama for America Eddie Bernice Johnson for Congress; 24. 10/24/ sional Campaign Committee; $50.00, 08/29/08, via Obama Victory Fund 2012; $2,500, 9/8/11, 10, $1900, Alexi Giannoulias for Illinois; 25. 10/ Democratic Congressional Campaign Com- Obama for America via Obama Victory Fund 25/10, $500, Fisher for Ohio; 26. 03/02/11, $1000, mittee; $50.00, 09/13/08 Democratic Congres- 2012; $2,500, 9/8/11, DNC via Obama Victory Schakowsky for Congress; 27. 03/03/11, $250, sional Campaign Committee. $25.00, 06/27/08, Fund 2012; $1,000, 10/30/12, DNC via Obama Gillibrand for Senate; 28. 04/07/11, $1500, Democracy for America. $25.00, 08/18/08, 21st Victory Fund 2012. Friends of Dick Durbin; 29. 04/04/11, $35800, Century Democrats. $50.00, 07/09/10, Tarryl 2. Spouse: Kurtis Kaull: No contributions. Obama Victory Fund; 30. 06/13/11, $1000, Scha- Clark Minnesota House Race—Friends of 3. Children and Spouses: Justin Kaull (son): kowsky for Congress; 31. 06/21/11, $2500, Kaine Tarryl Clark; $25.00, 09/17/10, Tarryl Clark No contributions. Jessica Kaull (daughter): for Virginia; 32. 09/22/11, $500, Bill Foster for Minnesota House Race—Friends of Tarryl No contributions. Congress; 33. 09/30/11, $500, Tammy Baldwin Clark. $250.00, 03/01/2012, Rhode Island Senate 4. Parents: Howard Hamamoto (father): for Senate; 34. 12/29/11, $9200, Swing State Victory 2012. $300.00, 05/24/2011, Obama, $2,400, 8/14/09, Daniel K. Inouye for US Sen- Victory Fund; 35. 03/14/12, $30800, Swing State Barack, via Obama for America; $250.00, 08/04/ ate; $400, 8/14/09, Daniel K. Inouye for US Victory Fund; 36. 05/08/12 $2300, Hillary Clin- 2011 Obama, Barack, via Obama for America. Senate; $1,000, 8/24/09, Republican Party of ton for President; 37. 05/25/12, $1000, Quigley $250.00, 12/05/2011, Cicilline, David N. via Hawaii; $1,000, 9/14/09, Charles Djou for Ha- for Congress; 38. 05/31/12, $500, Friends of Dick Cicilline committee; $250.00, 05/21/2012, waii; $1,000, 4/27/10, Friends of Mazie Hirono; Durbin; 39. 06/13/12, $2000, Tammy Baldwin for Cicilline, David N. via Cicilline committee. $500, 8/23/10, Colleen Hanabusa for Hawaii; Senate; 40. 06/25/12, $250, Joe Kennedy for $250.00, 05/30/2011, Cicilline, David N. via $500, 10/27/10, Friends of Mazie Hirono; $500, Congress; 41. 06/25/12, $2500, Cicilline Com- Cicilline committee. 10/28/10, Colleen Hanabusa for Hawaii; $500, 7/ mittee; 42. 06/27/12, $1000, Schakowsky for Joint Fundraising Contributions. 14/11, Republican Party of Hawaii; $500, 10/17/ Congress; 43. 06/28/12, $2500, McCaskill for These are contributions to committees 12, Friends of Mazie Hirono; $1,000, 4/10/13, Missouri; 44. 07/19/12, $1000, Bill Foster for who are raising funds to be distributed to Brian Schatz for Senate. Joanne Hamamoto Congress; 45. 07/27/12, $500, Carmona for Ari- other committees. The breakdown of these (mother): $1,000, 5/26/09, Friends of Mazie zona; 46. 09/04/12, $500, Tim Kaine for U.S. contributions to their final recipients may Hirono; $1,000, 2/9/10, Daniel K. Inouye for US Senate; 47. 09/14/12, $5000, Committee for appear below. Senate; $2,500, 7/25/12, Linda Lingle Senate Charlotte; 48. 09/27/12, $1000, Schakowsky for $1000.00, 09/24/2011, Obama Victory Fund, Committee. Congress; 49. 12/10/12, $300, Quigley for Con- 2012; $250.00, 06/30/2012, Obama Victory Fund 5. Grandparents: Ralph Russell: Deceased; gress; 50. 01/10/13, $5000, Presidential Inau- 2012; $500.00, 10/1515/2010, Rhode Island Vic- Lela Russell: Deceased; Hakumasa gural Committee; 51. 01/24/13, $1000, Al tory. Hamamoto: Deceased; Hanako Kwai: De- Franken for U.S. Senate; 52. 02/28/13, $250, These are the Final Recipients of Joint ceased. Jeff Merkley for Congress. Fundraising Contributions. 6. Brothers and Spouses: David Hamamoto Spouse: N/A. $250.00, 03/01/12, Whitehouse, Sheldon II via (brother): $2,400, 12/16/09, Friends of Schumer; Children and Spouses: N/A. Whitehouse for Senate. $250.00, 10/15/2010, $500, 3/10/10, Bill Binnie for US Senate; Parents: James Walter Brewster, none; Democratic Congressional Campaign Com- $35,800, 4/12/11, Obama Victory Fund 2012; Patsy Ruth Brewster—deceased. mittee. $1000.00, 09/24/2011, Obama, Barack via $35,800, 3/19/12, Obama Victory Fund 2012. Grandparents: deceased. Obama for America. $250.00, 06/30/2012, Martha Hamamoto (brother’s spouse): Brothers and Spouses: N/A. Obama, Barack via Obama for America. $35,800, 4/12/11, Obama Victory Fund 2012; Sisters and Spouses: Patti Susanne Fox, $500.00, 09/07/2012, Obama, Barack via Obama $35,800, 3/19/12, Obama Victory Fund 2012. none. for America. $250.00, 10/15/2010, Cicilline, Mark Hamamoto (brother): No contribu- David N. via Cicilline Committee. $200.00, 09/ tions. Paul Hamamoto (brother): No con- *Brian A. Nichols, of Rhode Island, a Ca- 09/2012, Cicilline, David N. via Cicilline Com- tributions. reer Member of the Senior Foreign Service, mittee. 7. Sisters and Spouses: None. Class of Minister-Counselor, to be Ambas- 5. Grandparents: Charles H. Nichols, Sr. sador Extraordinary and Plenipotentiary of (deceased); Julia King Nichols (deceased); *Adam M. Scheinman, of Virginia, a Career the United States of America to the Republic Thomas E. Thompson (deceased); Lillian Member of the Senior Executive Service, to of Peru. Clark Thompson (deceased). be Special Representative of the President Nominee: Brian Andrew Nichols. 6. Brothers and Spouses: David G. Nichols for Nuclear Nonproliferation, with the rank Post: U.S. Ambassador to the Republic of (brother): $200.00, 04/28/2008, Obama, Barack of Ambassador. Peru. via Obama for America. $208, 08/18/2011, *James Walter Brewster, Jr., of Illinois, to (The following is a list of all members of Obama, Barack via Obama for America. $250, be Ambassador Extraordinary and Pleni- my immediate family and their spouses. I 09/27/2011, Obama, Barack via Obama for potentiary of the United States of America have asked each of these persons to inform America. $208, 11/28/2011, Obama, Barack via to the Dominican Republic. me of the pertinent contributions made by Obama for America. $208, 04/01/2012, Obama,

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7726 CONGRESSIONAL RECORD — SENATE October 31, 2013 Barack via Obama for America. $208, 05/02/ 4. Parents: Jesus Moreno—deceased (1975); $1000, 04/01/13, Common Ground PAC; $1000, 2012, Obama, Barack via Obama for America. Luisa Brucklmaier—deceased (1975). 02/04/13, Ed Markey for US Senate; $4000, 06/ $208, 06/01/2012, Obama, Barack via Obama for 5. Grandparents—all deceased: Karl & 05/13, Common Ground PAC; $500, 07/16/13, America. $208, 07/01/2012, Obama, Barack via Luisa Brucklmaier; Pedro & Anastasia Udall for Colorado. Obama for America. $208, 08/01/2012, Obama, Moreno. Spouse: Julie McAree Broas: $2500, 10/17/12, Barack via Obama for America. $208, 02/01/ 6. Brothers and Spouses: William Moreno— Obama Victory Fund 2012; $2500, 10/17/12, 2012, Obama, Barack via Obama for America. deceased; Peter Louis Moreno, none. Obama for America via Obama Victory Fund $208, 03/01/2012, Obama, Barack via Obama for 7. Sisters and Spouses: Lupe Bobadilla—de- 2012. America. $208, 11/01/2012, Obama, Barack via ceased; Gloria Hidalgo, none. 3. Children: Emily Broas: $2500, 10/12/11, Obama for America. $208, 11/04/2012, Obama, *John Hoover, of Massachusetts, a Career Obama for America, via Obama Victory Fund Barack via Obama for America. $208.00, 09/01/ Member of the Senior Foreign Service, Class 2012; $2500, 10/17/12, Obama for America via 2012, Obama, Barack via Obama for America. of Counselor, to be Ambassador Extraor- Obama Victory Fund 2012; Allison Broas: $208.00, 10/01/2012, Obama, Barack via Obama dinary and Plenipotentiary of the United $2500, 10/17/12, Obama for America via Obama for America. States of America to the Republic of Sierra Victory Fund 2012; Madeline Broas: $2500, 10/ David Nichols contributions are designed Leone. 17/12, Obama for America, via Obama Victory to contribute the maximum to the Obama Nominee: John F. Hoover. Fund 2012. campaign (i.e. $2500 each for the primary and Post: U.S. Ambassador to Sierra Leone: 4. Parents: none. general election). He states that he contrib- (The following is a list of all members of 5. Grandparents: none. uted $208 per month x 12 months for the pri- my immediate family and their spouses. I 6. Brothers and Spouses: none. mary and $208 x 12 months for the general have asked each of these persons to inform 7. Sisters and Spouses: none. election. He is not able to provide further de- me of the pertinent contributions made by tail. The donations above are those that ap- them. To the best of my knowledge, the in- *Donald Lu, of California, a Career Member pear on the FEC website. formation contained in this report is com- of the Senior Foreign Service, Class of Min- $500.00, 11/14/2009, Mikulski, Barbara via plete and accurate.) ister-Counselor, to be Ambassador Extraor- Mikulski for Senate Committee. Mayme Contributions: amount, date, donee: dinary and Plenipotentiary of the United Boyd (spouse of David Nichols): $500.00, 07/07/ 1. Self: None. States of America to the Republic of Alba- 2010, Kratovil, Frank M. Mr. Jr. via Frank 2. Spouse: None. nia. Kratovil, for Congress. Keith F. Nichols 3. Children and Spouses: Terrence Lin Hoo- Nominee: Donald Lu. (Brother), Michele Pitts Nichols (Spouse of ver: None. Patrick David Hoover: None. Post: Albania. Keith Nichols): $35, 02/13/2011, Emily’s List. 4. Parents: Terrence David Hoover: $50, 2012 (The following is a list of all members of $15, 05-13-11, Democratic Senate Campaign Democratic Governor’s Association; Ann my immediate family and their spouses. I Committee. $25, 05-28-10, Democratic Senate Hoover: $75, 2012 Obama campaign; $25, 2012 have asked each of these persons to inform Campaign Committee. $225.00, 09/26/2012, Democratic Senate Committee. me of the pertinent contributions made by Obama Victory Fund 2012. $225.00, 09/26/2012, 5. Grandparents: Jacob Hoover: deceased; them. To the best of my knowledge, the in- Obama, Barack via Obama for America. Louise Hoover: deceased; Catherine Fockler: formation contained in this report is com- 7. Sisters and Spouses: None. deceased; Frederick Fockler: deceased. plete and accurate.) 6. Brothers and Spouses: David Hoover: Contributions, amount, date, and donee: *Mark Bradley Childress, of Virginia, to be None. Marion Proud: None. Andrew Hoover: 1. Self: None. Ambassador Extraordinary and Pleni- $200, 2012 Obama campaign. Kay Clarke: 2. Spouse: Ariel C. Ahart: none. potentiary of the United States of America None. 3. Children and Spouses: Kipling I. Lu, to the United Republic of Tanzania. 7. Sisters and Spouses: Elizabeth Hoover: none; Aliya A. Lu, none. Nominee: Mark B. Childress. None. 4. Parents: David S. Lu, none; Allena Post: U.S. Ambassador to Tanzania. Kaplan, none. (The following is a list of all members of *Timothy M. Broas, of Maryland, to be 5. Grandparents: Abbie Fong, none. my immediate family and their spouses. I Ambassador Extraordinary and Pleni- 6. Brothers and Sisters: Gene and Terry Lu, have asked each of these persons to inform potentiary of the United States of America none. me of the pertinent contributions made by to the Kingdom of the Netherlands. 7. Sisters and Spouses: Bonnie and Douglas them. To the best of my knowledge, the in- Nominee: Timothy M. Broas. Morgan, none. formation contained in this report is com- Post: U.S. Ambassador to the Kingdom of Robert A. Sherman, of Massachusetts, to plete and accurate.) the Netherlands. be Ambassador Extraordinary and Pleni- Contributions, amount, date, and donee: (The following is a list of all members of potentiary of the United States of America 1. Self: $500, 9/7/2012, Tim Kaine. my immediate family and their spouses. I to the Portuguese Republic. 2. Spouse: Katherine Childress: $1,000, 6/3/ have asked each of these persons to inform Nominee: Robert A. Sherman. 2013, Kay Hagan; $1000, 10/22/2012, Tim Kaine; me of the pertinent contributions made by Post: U.S. Ambassador to the Portuguese $500, 1/13/2012, Tim Kaine; $500, 9/7/2012, Tim them. To the best of my knowledge, the in- Republic. Kaine; $250, 3/31/2010, Charles Schumer. formation contained in this report is com- (The following is a list of all members of 3. Children and Spouses: none. plete and accurate.) my immediate family and their spouses. I 4. Parents: Gran Childress, none; Gayle Contributions, amount, date, and Donee: have asked each of these persons to inform Childress, none. 1. Self: $2400, 3/2/09, Friends of Byron Dor- me of the pertinent contributions made by 5. Grandparents: Gaylord Hancock, none; gan; $2400, 3/31/09, Patrick Murphy for Con- them. To the best of my knowledge, the in- Alice Hancock, none. gress; $500, 9/17/09, Friends of Patrick Ken- formation contained in this report is com- 6. Brothers and Spouses: none. nedy Inc; $500, 10/27/09, Campaign for Our plete and accurate.) 7. Sisters and Spouses: Susan McCracken, Country; $15200, 2/3/10, Democratic National Contributions, amount, date, donee: none; Randy McCracken, none; Leesa Sluder, Committee; $1000, 2/28/10, John Kerry for Sen- 1. Self: $5,000.00, 10/22/2012, Obama Victory $50.00, 3/27/2012, DCCC; $50.00, 6/30/2010, DCCC; ate; $1000, 6/22/10, John Kerry for Senate; Fund; $5,000.00, 10/22/2012, Obama Victory $50.00, 5/18/2010, DCCC; Todd Sluder, none. $500, 6/22/10, Friends of Schumer; $15200, 7/30/ Fund; $5,000.00, 10/22/2012, Obama Victory *Carlos Roberto Moreno, of California, to 10, Democratic National Committee; $2400, 8/ Fund; $2,500.00, 10/13/2012, Win Virginia 2012 be Ambassador Extraordinary and Pleni- 9/10, Bennet for Colorado; $25, 8/16/10, Demo- (Tim Kaine); $533.00, 09/28/2012, Toward To- potentiary of the United States of America cratic National Committee; $1000, 9/30/10, morrow PAC; $1,000.00, 09/28/2012, Toward To- to Belize. Alexi for Illinois; $1000, 9/30/10, Perriello for morrow PAC; $10,000.00, 6/30/2012, Obama Vic- Nominee: Carlos Roberto Moreno. Congress; $2400, 10/25/10, Patrick Murphy for tory Fund; $2,500.00, 03/31/2012, Joe Kennedy Post: Belize. Congress; $2800, 12/22/10, John Kerry for Sen- for Congress; $2,500.00, 03/28/2012, Debbie (The following is a list of all members of ate; $35800, 4/8/11, Obama Victory Fund; Wasserman Schultz for Congress; $2,500.00, 01/ my immediate family and their spouses. I $30800, 4/8/11, Democratic National Com- 30/2012, Obama Victory Fund 2012; $(5,000.00), have asked each of these persons to inform mittee, via The Obama Victory Fund; $5000, 01/05/2012, Obama Victory Fund 2012; $5,000.00, me of the pertinent contributions made by 4/8/11, Obama for America; $2500, 5/2/11, Kaine 12/23/2011, Obama Victory Fund 2012; $5,000.00, them. To the best of my knowledge, the in- for Virginia; $1000, 5/14/11, Campaign for Our 12/23/2011, Obama Victory Fund 2012; $1,000.00, formation contained in this report is com- Country 2012; $2500, 5/12/11, Klobuchar for 12/21/2011, RO for Congress, Inc.; $500.00, 12/20/ plete and accurate.) Minnesota; $1500, 5/25/11, Montanans for 2011, Whitehouse for Senate; $1,000.00, 12/13/ Contributions, amount, date, and donee: Tester; $2500, 6/17/11, Setti Warren for Senate; 2011, Christie Vilsack for Iowa; $5,000.00, 08/10/ 1. Self: $2500, 9/1/12, Obama Victory Fund; $2500, 11/30/11, Kaine for Virginia; $1000, 3/6/12, 2011, Obama Victory Fund 2012; $2,500.00, 08/ $1000, 1/14/12, Obama Victory Fund; $100, 5/20/ Friends of John Delaney; $2500, 3/27/12, 10/2011, Obama Victory Fund; $2,500.00, 06/30/ 12, Feinstein 2012. Andrei for Arizona; $1000, 3/28/12, Elizabeth 2011, Khazei for Massachusetts; $1,000.00, 06/ 2. Spouse: $2500, 9/1/12, Obama Victory for MA Inc.; $1000, 3/29/12, Hoyer’s Majority 29/2011, Menendez for Senate; $2,500.00, 06/29/ Fund. Fund; $2500, 3/28/12, Joseph Kennedy III for 2011, Kaine for Virginia; $1,000.00, 12/13/2010, 3. Children and Spouses: Keiko Moreno, Congress; $30,800, 3/31/12, Obama Victory John Kerry for Senate; $1,000.00, 12/13/2010, none; Nicholas Ray Moreno, none; Heather Fund; $30,800, 3/31/12, Democratic National John Kerry for Senate; $1,000.00, 09/29/2010, Rose Moreno, none. Committee, via The Obama Victory Fund; Friends of Blanche-Lincoln; $1,000.00, 09/16/

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7727 2010; Sestak for Senate; $250.00, 09/16/2010, them. To the best of my knowledge, the in- *Eunice S. Reddick, of the District of Co- Tommy Sowers for Congress; $500.00, 06/23/ formation contained in this report is com- lumbia, a Career Member at the Senior For- 2010, Patrick Murphy for Congress; $250.00, 05/ plete and accurate.) eign Service, Class of Minister-Counselor, to 24/2010, Gillibrand for Senate; $250.00, 05/24/ Contributions, amount, date, and donee: be Ambassador Extraordinary and Pleni- 2010, Mark Critz for Congress; $1,000.00, 02/08/ 1. Self: None potentiary of the United States of America 2010, Hodes for Senate; $1,400.00, 02/08/2010, 2. Spouse: Melinda C. Burrell: $200.00, 04/21/ to the Republic of Niger. Hodes for Senate; $5,000.00, 12/31/2009, DNC 13, Democratic Party Cmte Abroad; $26.15, 12/ Nominee: Eunice S. Reddick. Serv Corp/Democratic Nat Comm; $1,000.00, 20/12, Feminist Maj’y Fnd; $175.00, May–Nov/ Post: Niamey, Republic of Niger. 12/22/2009, Martha Coakley for Senate Com- 12, Brown, Sherrod; $100.00, 09/04/12, Obama, (The following is a list of all members of mittee; $250.00, 11/23/2009, Patrick Murphy for Barack; $50.00, 06/14/12, Color of Change; my immediate family and their spouses. I Congress; $500.00, 06/30/2009, Dem Senatorial $100.00, 05/16/12, McNeil for DCCC; $250.00, 10/ have asked each of these persons to inform Campaign Comm; $500.00, 04/21/2009, NY–20 08/10, Perriello, Tom; $1000.00, 4/24/2011, Demo- me of the pertinent contributions made by Victory Fund; $1,000.00, 03/13/2009, Hodes for cratic Party Cmte Abroad; $500.00, 11/10/09, them. To the best of my knowledge, the in- Senate. Perriello, Tom. formation contained in this report is com- 2. Spouse: Kim Sawyer: $2,500.00, 09/18/2012, 3. Children and Spouses: None. plete and accurate.) Joe Kennedy for Congress; $500.00, 09/28/2010, 4. Parents: Donald F. Daughton: $150.00, 10/ Contributions, amount, date and donee: Emily’s List; $1,500.00, 04/13/2010, Obama Vic- 26/12, Save Our Judges; $250.00, 09/29/12, 1. Self: None. tory Fund; $2,400.00, 10/08/2009, Martha Carmona, Richard; $200.00, 05/02/12, Walsh, 2. Spouse: None. Coakley for Senate. James P.; $500.00, 12/31/11, Bivens, Don. Helen 3. Children and Spouses: Son, Gregory 3. Children and Spouses: Matthew Sherman M. Daughton: None. Wall: None; Spouse, Rona Cohen: None; (son) single, not married: None; Stephanie 5. Grandparents: Fred J. Daughton—de- Daughter, Sarah Wall: None. Sherman (daughter) single, not married: ceased; Ethel E. Daughton—deceased; Tom 4. Parents: Mother, Carrie Reddick: De- None. B. Rollow—deceased; Helen K. Rollow—deceased; Father Ellsworth Reddick: Deceased. 4. Parents: Samuel Sherman (father): deceased. 5. Grandparents (Maternal): Grandmother, ceased; Rose Sherman (mother) deceased. 6. Brothers and Spouses: Andrew M. Sarah Crawford: Deceased; Grandfather, 5. Grandparents: deceased. Daughton, none; Theresa S. Daughton, none; Henry Crawford: Deceased. (Father’s parents 6. Brothers and Spouses: None. James P. Daughton, none; Karyn Panitch unknown and long deceased). 7. Sisters and Spouses: None. Daughton, none. 6. Brothers and Spouses: Names: N/A. 7. Sisters and Spouses: Erin E. Daughton: 7. Sisters and Spouses: Helen Luchars: De- * Robert O. Blake, Jr., of Maryland, a Ca- $68.00, Jul–Nov/12, Obama for America; $5.00, ceased; Spouse, Robert Luchars: Deceased. reer Member of the Senior Foreign Service, 09/21/12, Act Blue MA; $25.00, 10/26/12, Act *Karen Clark Stanton, of Michigan, a Ca- Class of Career Minister, to be Ambassador Blue MA. Garth Katner, none. reer Member of the Senior Foreign Service, Extraordinary and Plenipotentiary of the * Philip S. Goldberg, of the District of Co- Class of Minister-Counselor, to be Ambas- United States of America to the Republic of lumbia, a Career Member of the senior For- sador Extraordinary and Plenipotentiary of Indonesia. eign Service, Class of Career-Minister, to be the United States of America to the Demo- Nominee: Robert O. Blake, Jr. Ambassador Extraordinary and Pleni- cratic Republic of Timor-Leste. Post: Jakarta, Indonesia. potentiary of the United States of America Nominee: Karen Clark Stanton. (The following is a list of all members of to the Republic of the Philippines. Post: Ambassador to the Democratic Re- my immediate family and their spouses. I Nominee: Philip S. Goldberg. public of East Timor. have asked each of these persons to inform Post: Republic of the Philippines. (The following is a list of all members of me of the pertinent contributions made by (The following is a list of all members of my immediate family and their spouses. I them. To the best of my knowledge, the in- my immediate family and their spouses. I have asked each of these persons to inform formation contained in this report is com- have asked each of these persons to inform me of the pertinent contributions made by plete and accurate.) me of the pertinent contributions made by them. To the best of my knowledge, the in- Contributions, donee, date, amount: them. To the best of my knowledge, the information contained in this report is com- 1. Self: Whitehouse, Sheldon II, via White- formation contained in this report is complete and accurate.) house for Senate, 09/27/2011, 2500.00; White- plete and accurate.) Contributions, amount, date, and donee: house, Sheldon II, via Whitehouse for Sen- Contributions, amount, date, and donee: 1. Self: none. ate, 09/27/2011, 2500.00. 1. Self: None. 2. William Stanton (spouse): none. 2. Spouse: None. 2. Spouse: N/A. 3. Children and Spouses: Katherine Stan- 3. Children and Spouses: N/A. 3. Children and Spouses: None (children are ton: none however she was a volunteer Hub 4. Parents: None—deceased. ages 11, 9 and 6 and did not make contribu- 5. Grandparents: None—deceased. Director for the Falls Church VA office of tions). 6. Brothers and Spouses: N/A. the Obama campaign in 2008; Elizabeth Stan- 4. Parents: Father Robert Blake (Sr), 7. Sisters and Spouses: Donna Goldberg ton: none. Whitehouse, Sheldon II, via Whitehouse for Eskind: $2500, 6/20/2011, James Cooper for 4. Parents: Lillian (mother): $50, 2008, Senate, 01/31/2011, 1000.00; Obama, Barack, via Congress; Jeffrey B. Eskind, MD: $1000, 7/9/ Obama; Nicholas Kopetzki: $50, 2012, Obama; Obama for America, 04/19/2007, 2300.00; 09/30/ 2010, Tennessee Democratic Party. Clifford Clark (father): none; Arlene Clark 2008, 2300.00; via Oceguera for Congress, 09/02/ *Michael Stephen Hoza, of Washington, a (father’s spouse): $25, 5/2012, Obama; $25, 9/ 2012, 1000.000; Brown, Charles, via Brown for Career Member of the Senior Foreign Serv- 2012, Obama. Congress, 09/04/2008, 1000.00; Whitehouse, ice, Class of Minister-Counselor, to be Am- 5. Grandparents: Boise and Margaret Clark: Sheldon II, via Whitehouse for Senate, 03/30/ bassador Extraordinary and Plenipotentiary Charles and Ruth Gibbons: All grandparents 2011, 2500.00; Bennet, Michael F, via Bennet of the United States of America to the Re- are deceased. for Colorado, 08/04/2010, 250.00, Shafroth, Wil- public of Cameroon. 6. Brothers and Spouses: Douglas (brother) liam G, via Shafroth for Congress, 08/04/2008, Nominee: Michael S. Hoza. and Karen Clark: $15, 2012, Obama. Doug also 500.00; Whitehouse, Sheldon II, via White- Post: Embassy Yaounde, Cameroon. reports that he paid around $500 to a local house for Senate, 05/07/2012, 2500.00; Reid, (The following is a list of all members of printer to print and place Obama Biden signs Harry, via Friends for Harry Reid, 10/12/2009, my immediate family and their spouses. I in St. Clair County Michigan in 2008. David 2400.00, 10/12/2009, 2400.00; Tester, Jon, via have asked each of these persons to inform (brother) and Christine Clark: none. Montanans for Tester, 06/10/2011, 1000.00; me of the pertinent contributions made by 7. Sisters and Spouses: none. Boxer, Barbara, via Friends of Barbara them. To the best of my knowledge, the in- *Matthew T. Harrington, of Virginia, a Ca- Boxer, 06/30/2009, 250.00; Boxer, Barbara, via formation contained in this report is com- reer Member of the Senior Foreign Service, Friends of Barbara Boxer, 09/01/2010, 500.00. plete and accurate.) Class of Counselor, to be Ambassador Ex- Sister Lucy Blake’s husband Steven Night- Contributions, amount, date, and donee: traordinary and Plenipotentiary of the ingale: Heinrich, Martin Trevor, via Martin 1. Self: None. United States of America to the Kingdom of Heinrich for Senate. 2. Spouse: None. Lesotho. 3. Children and Spouses: Paul M. Hoza (sin- Nominee: Matthew T. Harrington. * Thomas Frederick Daughton, of Arizona, gle): None; Christopher Hoza (single): None. Post: Lesotho. a Career Member of the Senior Foreign Serv- 4. Parents: Helen B. Hoza: None; Paul P. (The following is a list of all members of ice, Class of Minister-Counselor, to be Am- Hoza (deceased): None. my immediate family and their spouses. I bassador Extraordinary and Plenipotentiary 5. Grandparents: Stephen Hoza (deceased): have asked each of these persons to inform of the United States of America to the Re- None; Mary R. Hoza (deceased): None. me of the pertinent contributions made by public of Namibia. 6. Brothers and Spouses: None. them. To the best of my knowledge, the in- Nominee: Thomas F. Daughton. 7. Sisters and Spouses: Paula K. Hoza: formation contained in this report is com- Post: Ambassador to Namibia. $27.50, 6/25/2012, Act Blue; $25.00, 8/30/2012, plete and accurate.) (The following is a list of all members of Obama for America; $25.00, 9/30/2012, Obama Contributions, amount, date, and donee: my immediate family and their spouses. I for America; $25.00, 10/29/2012, Act Blue; 1. Self: None. have asked each of these persons to inform $35.00, 10/29/2012, People for the American 2. Spouse: None. me of the pertinent contributions made by Way. John Canary: None. 3. Children and Spouses: None.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7728 CONGRESSIONAL RECORD — SENATE October 31, 2013 4. Parents: Tracy/Judy Harrington: $75, cer Cook III: 250, 07/30/12, Obama For Amer- telligence Surveillance Act of 1978 and for 2012, Obama campaign; $20.35, 2012, Dem. ica; Janice Cook Roberts: 2,500, 09/23/11, Jared other purposes; from the Select Committee Cong. Campaign Committee. Polis; 500, 11/05/12, Sean Patrick Maloney; on Intelligence; placed on the calendar. 5. Grandparents: None. 1,000, 08/13/11, Joanne Dowdell; Richard Rob- By Mr. WICKER (for himself, Mr. COCH- 6. Brothers and Spouses: Luke/Margaret erts: 250, 12/19/11, Obama For America; 250, 07/ RAN, Mr. GRASSLEY, Mr. ISAKSON, Mr. Harrington: $235, 2012, Obama Campaign. 09/09, Terri Sewell. SESSIONS, Mr. ROBERTS, Mr. THUNE, 7. Sisters and spouses: None. 7. Sisters and Spouses: Janice Cook Rob- Mr. INHOFE, and Mr. CRAPO): erts: 2,500 09/23/11, Jared Polis; 500, 11/05/11, S. 1632. A bill to protect 10th Amendment *Dwight L. Bush, Sr., of the District of Co- Sean Maloney; 1,000, 08/13/11, Joanne rights by providing special standing for lumbia, to be Ambassador Extraordinary and Dowdell; Richard Roberts: 250, 12/19/11, State government officials to challenge pro- Plenipotentiary of the United States of Obama For America; 250, 07/09/09, Terri Se- posed regulations, and for other purposes; to America to the Kingdom of Morocco. well. Nominee: Dwight Lamar Bush, Sr. the Committee on the Judiciary. Post: Ambassador to the Kingdom of Mo- By Ms. CANTWELL (for herself, Mr. By Mr. LEAHY for the Committee on the rocco BLUNT, Mr. ROBERTS, Mr. MERKLEY, (The following is a list of all members of Judiciary. Mr. MORAN, Ms. KLOBUCHAR, Mr. my immediate family and their spouses. I Robert Leon Wilkins, of the District of Co- JOHANNS, and Mrs. MCCASKILL): have asked each of these persons to inform lumbia, to be United States Circuit Judge for S. 1633. A bill to suspend temporarily the me of the pertinent contributions made by the District of Columbia Circuit. duty on certain footwear, and for other pur- Brian J. Davis, of Florida, to be United them. To the best of my knowledge, the in- poses; to the Committee on Finance. States District Judge for the Middle District formation contained in this report is com- By Mr. PRYOR (for himself, Mr. BOOZ- plete and accurate.) of Florida. MAN, Mr. COCHRAN, Mr. WICKER, and Timothy L. Brooks, of Arkansas, to be Contributions, amount, date, and donee: Ms. LANDRIEU): 1. Self: 2,500, 06/29/11, Joanne Dowdell For United States District Judge for the Western S. 1634. A bill to amend the Migratory Bird Congress; 2,400, 06/20/10, Andre Williams For District of Arkansas. Treaty Act to provide certain exemptions re- James Donato, of California, to be United Congress; 2,000, 03/19/13, The Markey Com- lating to the taking of migratory game States District Judge for the Northern Dis- mittee; 1,000, 03/12/09, Hillary Clinton For birds; to the Committee on Environment and trict of California. President; 35,800, 05/17/11, Obama Victory Public Works. Beth Labson Freeman, of California, to be Fund; 35,800, 06/28/12, Obama Victory Fund; By Mr. CASEY: United States District Judge for the North- 1,000, 04/12/12, Friends of Doug Gansler; 1,000, S. 1635. A bill to amend the American Re- 09/15/10, Vincent Gray For Mayor; 1,000, 06/20/ ern District of California. Pedro A. Delgado Hernandez, of Puerto covery and Reinvestment Act of 2009 to ex- 10, Kwame Brown City Council; 2,000, 3/15/13, tend the period during which supplemental Mary Landrieu. Rico, to be United States District Judge for the District of Puerto Rico. nutrition assistance program benefits are 2. Spouse: 500, 12/31/12, ACTBLUE; 1,000, 09/ temporarily increased; to the Committee on 26/11, Kaine for VA; 250, 03/12/10, Kendrick *Nomination was reported with rec- Agriculture, Nutrition, and Forestry. Meek For Florida INC; 500, 10/04/11, Dan ommendation that it be confirmed sub- By Mrs. FEINSTEIN: Inouye For US Senate; 500, 5/18/12, Friends of ject to the nominee’s commitment to S. 1636. A bill to redesignate certain facili- Sherrod Brown; 1,000, 07/31/12, John Kerry respond to requests to appear and tes- ties of the National Aeronautics and Space For Senate; 1,500, 10/31/11, Klobuchar For MN; tify before any duly constituted com- Administration; to the Committee on Com- 500, 08/09/11, Leahy For U.S. Senate CMTE; mittee of the Senate. merce, Science, and Transportation. 500, 07/31/12, Leahy For U.S. Senate CMTE; By Mr. MANCHIN (for himself and Mr. 1,000, 04/10/12, Elizabeth For MA INC; 500, 09/ (Nominations without an asterisk were reported with the recommenda- KIRK): 23/11, Friends of Maria Cantwell; 500, 08/21/12, S. 1637. A bill to better connect current and Friends of Maria Cantwell; 250, 08/18/10, Citi- tion that they be confirmed.) former members of the Armed Forces with zens For Eleanor Holmes Norton; 2,400, 7/31/ f employment opportunities by consolidating 90, Jessie Jackson Jr For Congress; 500, 05/04/ INTRODUCTION OF BILLS AND duplicative Federal Government Internet 10, Jessie Jackson For Congress; 500, 02/23/12, websites into a single portal, to conserve re- Jessie Jackson For Congress; 35,800, 6/29/11, JOINT RESOLUTIONS sources by merging redundant and com- Obama Victory Fund. The following bills and joint resolu- peting programs, and for other purposes; to 3. Children and Spouses: Dwight Lamar the Committee on Veterans’ Affairs. Bush Jr.: None; Jacqueline Dibble Bush: tions were introduced, read the first By Mr. WHITEHOUSE (for himself, Mr. None. and second times by unanimous con- BLUNT, Mr. GRAHAM, and Mr. 4. Parents: Charlie W. Bush: None. Jessie sent, and referred as indicated: BLUMENTHAL): Mae Bush: 2,500, 06/30/11, Obama Victory By Mr. MARKEY: S. 1638. A bill to promote public awareness Fund; Mercer Cook: 1,000, 09/19/12, Obama For S. 1627. A bill to amend title VI of the Pub- of cybersecurity; to the Committee on Home- America; Ann Jordan: 250, 10/09/09, Leahy For lic Utility Regulatory Policies Act of 1978 to land Security and Governmental Affairs. U.S. Senate; Vernon E. Jordan, Jr.: 500, 02/15/ establish a Federal renewable electricity By Mr. MCCONNELL (for himself and 11, Klobuchar For MN; 1,000, 10/26/11, Maria standard for retail electricity suppliers and a Mr. COATS): Cantwell; 1,000, 03/22/10, Richard Blumenthal; Federal energy efficiency resource standard S.J. Res. 27. A joint resolution providing 1,000, 03/02/09, Byron Drogan; 500, 05/03/10, Bar- for electricity and natural gas suppliers, and for congressional disapproval under chapter 8 bara Mikulski; 500, 10/24/10, Michael Bennett; for other purposes; to the Committee on En- of title 5, United States Code, of the rule 2,000, 09/15/11, Dianne Feinstein; 500, 07/29/10, ergy and Natural Resources. submitted by the Internal Revenue Service Patty Murray; 1,000, 06/29/12, Tim Kaine; By Mr. MERKLEY: of the Department of the Treasury relating 1,000, 10/15/12, Heidi Heitkamp; 1,000, 06/16/09, S. 1628. A bill to provide Federal death and to liability under section 5000A of the Inter- Harry Reid; 500, 05/18/10, Blanche Lincoln; disability benefits for contractors who serve nal Revenue Code of 1986 for the shared re- 1,000, 03/15/13, Mary Landrieu; 500, 06/16/11, as firefighters of the Forest Service, Depart- sponsibility payment for not maintaining Sheldon Whitehouse II; 500, 08/11/2010, Bar- ment of the Interior agencies, or any State minimum essential coverage; to the Com- bara Mikulski; 2,400, 10/12/10, Charles Schu- or local entity; to the Committee on the Ju- mittee on Finance. mer; 1,000, 04/30/10, DNC; 1,000, 08/29/11, Obama diciary. For America; 1,000, 05/03/10, Terri Sewell; By Mr. VITTER: f 1,000, 12/31/11, Debbie Wasserman; Schultz; S. 1629. A bill to require the disclosure of 250, 12/01/10, Eleanor Holmes Norton; 1,000, 02/ determinations with respect to which Con- SUBMISSION OF CONCURRENT AND 28/12, Democratic Campaign Committee; 225, gressional staff will be required to obtain SENATE RESOLUTIONS 07/24/12, Democratic Campaign Committee; health insurance coverage through an Ex- The following concurrent resolutions 500, 10/11/10, Chet Edwards; 1,000, 07/24/09, change; to the Committee on Homeland Se- and Senate resolutions were read, and James Clyburn; 300, 02/14/11, Charles Rangel; curity and Governmental Affairs. 500, 08/19/11, Charles Rangel; 1,000, 06/14/12, By Mr. BARRASSO (for himself, Mr. referred (or acted upon), as indicated: Charles Rangel; 213, 07/31/10, Democratic Con- ENZI, Mr. LEE, Mr. HELLER, Mr. By Ms. MURKOWSKI (for herself and gressional Campaign CMTE; 1,000, 10/20/10, HATCH, Mr. CRAPO, and Mr. FLAKE): Mrs. FEINSTEIN): Democratic Congressional Campaign CMTE; S. 1630. A bill to prohibit the conditioning S. Res. 279. A resolution supporting the 1,000, 06/30/11, Democratic Congressional of any permit, lease, or other use agreement goals and ideals of Red Ribbon Week during Campaign CMTE; 1,000, 09/24/10, AMERIPAC; on the transfer, relinquishment, or other im- the period of October 23 through October 31, 1,000, 07/26/12, AMERIPAC; 2,500, 09/10/12, pairment of any water right to the United 2013; to the Committee on Health, Education, Obama For America; 34,800 11/29/11, Obama States by the Secretaries of the Interior and Labor, and Pensions. Victory Fund; 32,500, 09/28/12, Obama Victory Agriculture; to the Committee on Energy By Mr. THUNE (for himself, Mr. BAU- Fund. and Natural Resources. CUS, and Mr. MCCAIN): 5. Grandparents: None. By Mrs. FEINSTEIN: S. Res. 280. A resolution recognizing the 6. Brothers and Spouses: Itez Bush: None; S. 1631. A bill to consolidate the congres- 40th anniversary of the withdrawal of United Darryl Bush: None; Althea Bush: None; Mer- sional oversight provisions of the Foreign In- States combat troops from the Vietnam War

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7729 and expressing renewed support for United and modify the railroad track mainte- were added as cosponsors of S. 1158, a States veterans of that conflict; to the Com- nance credit. bill to require the Secretary of the mittee on Foreign Relations. S. 635 Treasury to mint coins commemo- By Mr. PAUL: rating the 100th anniversary of the es- S. Res. 281. A resolution expressing the At the request of Mr. BROWN, the sense of the United States Senate that Presi- name of the Senator from Idaho (Mr. tablishment of the National Park Serv- dent Obama should issue a statement regard- RISCH) was added as a cosponsor of S. ice, and for other purposes. ing spying on His Holiness, Pope Francis; to 635, a bill to amend the Gramm-Leach- S. 1187 the Select Committee on Intelligence. Bliley Act to provide an exception to At the request of Ms. STABENOW, the By Mr. NELSON (for himself, Ms. MI- the annual written privacy notice rename of the Senator from Connecticut KULSKI, Mr. COCHRAN, Mr. WICKER, quirement. (Mr. MURPHY) was added as a cosponsor Mrs. MURRAY, Mr. WARNER, Mr. of S. 1187, a bill to prevent homeowners COONS, Mr. BROWN, Mr. FRANKEN, Mr. S. 651 BENNET, Mr. HARKIN, Ms. LANDRIEU, At the request of Mr. BENNET, the from being forced to pay taxes on for- Mr. BEGICH, Ms. STABENOW, Mr. HEIN- name of the Senator from Colorado given mortgage loan debt. RICH, Mr. TESTER, Mr. ROCKEFELLER, (Mr. UDALL) was added as a cosponsor S. 1302 Mr. MARKEY, Mr. JOHNSON of South of S. 651, a bill to provide for the with- At the request of Mr. HARKIN, the Dakota, Ms. WARREN, Mr. DURBIN, drawal and protection of certain Fed- names of the Senator from New York Mrs. SHAHEEN, Ms. BALDWIN, Mr. eral land in the State of Colorado, and (Mrs. GILLIBRAND), the Senator from HATCH, Mr. BAUCUS, and Mr. JOHANNS): for other purposes. North Dakota (Mr. HOEVEN) and the S. Res. 282. A resolution commemorating S. 699 Senator from Montana (Mr. TESTER) the 20th anniversary of the establishment of At the request of Mr. GRASSLEY, the were added as cosponsors of S. 1302, a the Corporation for National and Commu- name of the Senator from New Hamp- bill to amend the Employee Retire- nity Service; considered and agreed to. shire (Ms. AYOTTE) was added as a co- ment Income Security Act of 1974 and By Mr. REID: sponsor of S. 699, a bill to reallocate the Internal Revenue Code of 1986 to S. Res. 283. A resolution to constitute the provide for cooperative and small em- majority party’s membership on certain Federal judgeships for the courts of ap- committees for the One Hundred Thirteenth peals, and for other purposes. ployer charity pension plans. Congress, or until their successors are cho- S. 931 S. 1351 sen; considered and agreed to. At the request of Mr. BLUNT, the At the request of Mr. THUNE, the By Mr. RISCH (for himself, Mr. LEAHY, name of the Senator from Maine (Mr. name of the Senator from Georgia (Mr. Mr. CRAPO, and Mr. PAUL): KING) was added as a cosponsor of S. CHAMBLISS) was added as a cosponsor of S. Res. 284. A resolution calling on the S. 1351, a bill to provide for fiscal gap Government of Iran to immediately release 931, a bill to amend the Public Health Saeed Abedini and all other individuals de- Service Act to raise awareness of, and and generational accounting analysis tained on account of their religious beliefs; to educate breast cancer patients an- in the legislative process, the Presi- to the Committee on Foreign Relations. ticipating surgery, especially patients dent’s budget, and annual long-term f who are members of racial and ethnic fiscal outlook reports. minority groups, regarding the avail- S. 1369 ADDITIONAL COSPONSORS ability and coverage of breast recon- At the request of Mr. JOHANNS, the S. 138 struction, prostheses, and other op- name of the Senator from Georgia (Mr. At the request of Mr. VITTER, the tions. ISAKSON) was added as a cosponsor of S. name of the Senator from Florida (Mr. S. 942 1369, a bill to provide additional flexi- RUBIO) was added as a cosponsor of S. At the request of Mr. CASEY, the bility to the Board of Governors of the 138, a bill to prohibit discrimination names of the Senator from Massachu- Federal Reserve System to establish against the unborn on the basis of sex setts (Mr. MARKEY) and the Senator capital standards that are properly tai- or gender, and for other purposes. from Hawaii (Mr. SCHATZ) were added lored to the unique characteristics of S. 209 as cosponsors of S. 942, a bill to elimi- the business of insurance, and for other At the request of Mr. PAUL, the name nate discrimination and promote wom- purposes. of the Senator from South Carolina en’s health and economic security by S. 1590 (Mr. SCOTT) was added as a cosponsor ensuring reasonable workplace accom- At the request of Mr. ALEXANDER, the of S. 209, a bill to require a full audit of modations for workers whose ability to name of the Senator from South Caro- the Board of Governors of the Federal perform the functions of a job are lim- lina (Mr. SCOTT) was added as a cospon- Reserve System and the Federal re- ited by pregnancy, childbirth, or a re- sor of S. 1590, a bill to amend the Pa- serve banks by the Comptroller Gen- lated medical condition. tient Protection and Affordable Care eral of the United States, and for other S. 1012 Act to require transparency in the op- purposes. At the request of Mr. BLUNT, the eration of American Health Benefit Ex- S. 314 name of the Senator from Alaska (Mr. changes. At the request of Mrs. BOXER, her BEGICH) was added as a cosponsor of S. S. 1592 name was added as a cosponsor of S. 1012, a bill to amend title XVIII of the At the request of Mr. RUBIO, the 314, a bill to amend the Public Health Social Security Act to improve oper- name of the Senator from Ohio (Mr. Service Act to improve the health of ations of recovery auditors under the PORTMAN) was added as a cosponsor of children and help better understand Medicare integrity program, to in- S. 1592, a bill to provide for a delay of and enhance awareness about unex- crease transparency and accuracy in the individual mandate under the Pa- pected sudden death in early life. audits conducted by contractors, and tient Protection and Affordable Care S. 381 for other purposes. Act until the American Health Benefit At the request of Mr. MCCONNELL, his S. 1088 Exchanges are functioning properly. name was added as a cosponsor of S. At the request of Mr. FRANKEN, the S. 1595 381, a bill to award a Congressional name of the Senator from Hawaii (Ms. At the request of Mr. UDALL of New Gold Medal to the World War II mem- HIRONO) was added as a cosponsor of S. Mexico, the name of the Senator from bers of the ‘‘Doolittle Tokyo Raiders’’, 1088, a bill to end discrimination based Rhode Island (Mr. WHITEHOUSE) was for outstanding heroism, valor, skill, on actual or perceived sexual orienta- added as a cosponsor of S. 1595, a bill to and service to the United States in tion or gender identity in public establish a renewable electricity stand- conducting the bombings of Tokyo. schools, and for other purposes. ard, and for other purposes. S. 411 S. 1158 S. 1610 At the request of Mr. CRAPO, the At the request of Mr. WARNER, the At the request of Mr. MENENDEZ, the name of the Senator from Tennessee names of the Senator from Massachu- name of the Senator from South Caro- (Mr. ALEXANDER) was added as a co- setts (Ms. WARREN), the Senator from lina (Mr. SCOTT) was added as a cospon- sponsor of S. 411, a bill to amend the California (Mrs. FEINSTEIN) and the sor of S. 1610, a bill to delay the imple- Internal Revenue Code of 1986 to extend Senator from Montana (Mr. BAUCUS) mentation of certain provisions of the

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7730 CONGRESSIONAL RECORD — SENATE October 31, 2013 Biggert-Waters Flood Insurance Re- has gained 20,000 jobs in these sectors there is real bipartisan support for en- form Act of 2012, and for other pur- since 2010, with another 10,000 new jobs ergy efficiency in the Senate. These poses. expected in the next year alone. Massa- are policies that should be embraced S. 1614 chusetts has become the Nation’s most and not blocked. At the request of Ms. KLOBUCHAR, the energy-efficient State. Boston is If we do not take these steps, we will name of the Senator from Arizona (Mr. ranked as the Nation’s most energy-ef- lose the international race to dominate FLAKE) was added as a cosponsor of S. ficient city. Our shores will host the the multitrillion-dollar clean energy 1614, a bill to require Certificates of first offshore wind farm, with a new sector. Right now, China has already Citizenship and other Federal docu- construction terminal built in New overtaken the United States as the No. ments to reflect name and date of birth Bedford, allowing our fishermen to 1 most attractive place to invest in re- determinations made by a State court work alongside our wind energy work- newable energy. Sixty percent of all and for other purposes. ers. Massachusetts is No. 7 in the Na- new companies going public in the S. 1626 tion in deploying solar energy, even clean energy sector are doing so in At the request of Mr. MCCONNELL, though we are more well known for the China. More than 100,000 clean energy the name of the Senator from Georgia ‘‘Perfect Storm’’ than perfectly sunny jobs are being created there annually. (Mr. ISAKSON) was added as a cosponsor days. China now has more wind capacity in- of S. 1626, a bill to amend the Fair These advances, these jobs, these stalled than any other country, and Labor Standards Act of 1938 to provide technologies have flourished in Massa- they produce two-thirds of the world’s employees in the private sector with an chusetts because we have set the right solar panels. opportunity for compensatory time off, policies and encouraged our companies It is time for our country to scale up similar to the opportunity offered to to lead. our clean energy deployment and inno- Federal employees, and a flexible cred- Massachusetts Gov. Deval Patrick vation. It is also time to take a look at it hour program to help balance the de- set high goals for clean energy deploy- revolutionary approaches to driving mands of work and family, and for ment in our State, and we have already that innovation. All too often we are other purposes. surpassed them. Boston Mayor Tom unable to move clean energy-related S. RES. 203 Menino wanted Boston to be known as discoveries and breakthroughs out of At the request of Mrs. FEINSTEIN, the green for just more than the Green the labs and into the marketplace. name of the Senator from Iowa (Mr. Monster in Fenway Park, and he has That is the problem my clean tech HARKIN) was added as a cosponsor of S. delivered. Boston is now the greenest consortia legislation addresses. I have Res. 203, a resolution expressing the city in the United States. That is why included this bill as part of the Manu- sense of the Senate regarding efforts by I am introducing my first bill as a Sen- facturing Jobs for America Initiative, the United States to resolve the ator to take our Massachusetts leader- launched this week by Senator COONS Israeli-Palestinian conflict through a ship and make it national. and some of my Democratic colleagues. negotiated two-state solution. My bill would require that electricity My bill would fertilize America’s inno- S. RES. 268 sold to American consumers increas- vation ecosystems so that scientific At the request of Mr. COONS, the ingly be generated using renewable breakthroughs can more effectively names of the Senator from Florida (Mr. sources such as wind, solar, hydro, geo- navigate the so-called valley of death NELSON), the Senator from Georgia thermal, and biomass. By 2025, the bill between the lab and the factory and (Mr. ISAKSON), the Senator from Cali- would require 25 percent of our elec- reach their commercial potential. tricity to come from the free fuel of fornia (Mrs. FEINSTEIN) and the Sen- America’s universities and research the Sun, the wind, and the Earth. ator from New Hampshire (Mrs. SHA- institutions are truly national treas- Since the cheapest and the cleanest HEEN) were added as cosponsors of S. ures, and our venture capitalists and powerplant is the one we never have to Res. 268, a resolution condemning the entrepreneurs are the sharpest in the build, my bill would also require utili- September 2013 terrorist attack at the world. When we sprinkle the right mix ties to put people to work on large- Westgate Mall in Nairobi, Kenya, and of scientific brainpower and capitalist reaffirming United States support for scale energy efficiency programs. My bill would build on the efforts of drive, we get something uniquely the people and Government of Kenya, American and extremely potent in and for other purposes. Massachusetts and the 30 other States that already require utilities to pro- terms of its economic impact. f vide customers with minimal amounts My clean tech consortia bill, which I STATEMENTS ON INTRODUCED of renewable electricity and ensure will soon be introducing, will link in- BILLS AND JOINT RESOLUTIONS that America joins the 118 other na- ventors with investors, professors with producers and get clean energy out of By Mr. MARKEY: tions that have already established re- the laboratories and into the factories. S. 1627. A bill to amend title VI of the newable energy goals. That is the type of partnership we need Public Utility Regulatory Policies Act My bill would quadruple renewable with the private sector right now in of 1978 to establish a Federal renewable energy production in the United our country. electricity standard for retail elec- States. It would create more than tricity suppliers and a Federal energy 400,000 new jobs. We can put steel- The other bill I have included in this efficiency resource standard for elec- workers and ironworkers and elec- package, the Manufacturing Jobs for tricity and natural gas suppliers, and tricians back to work building the new America Initiative, and which I will for other purposes; to the Committee energy backbone for America, from also be introducing soon, is called the on Energy and Natural Resources. Massachusetts to Montana. Build America Bonds Initiative. Here is Mr. MARKEY. Mr. President, as for The energy efficiency measures in how it works and here is what it does. the other win for Massachusetts, today my bill would save the average house- When a State or local government I am introducing my first major piece hold $39 per year on utility bills, and it wants to build and renovate schools, of legislation as a Senator. My bill, the would reduce carbon dioxide pollution bridges, roads, and hospitals, they need American Renewable Energy and Effi- by the equivalent output of 120 coal- financing, and they issue a bond. Inves- ciency Act, will allow every single fired powerplants, helping our efforts tors buy those bonds, giving the State American to have access to clean en- to battle the advancing tide of dan- capital to hire workers and update in- ergy and money-saving efficiency. gerous climate change. frastructure, and investors get a return In our slow economic recovery, there A renewable electricity standard in the form of interest. Build America has been one very bright spot in Massa- passed the House of Representatives Bonds say to State and local govern- chusetts and the national economy, the twice while I was a Member of the ments: We will help with the interest incredible growth of clean energy, en- body—as recently as 2009—and it has payments and help put more Ameri- ergy efficiency, and the jobs that come passed the Senate three times since cans back to work. with these industries. 2002. Before it was held hostage over From the inception of this program According to the Massachusetts the Affordable Care Act, the Shaheen- in April 2009 to when it expired at the Clean Energy Center, our State alone Portman energy efficiency bill showed end of 2010, there were 2,275 separate

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7731 bonds issued nationwide, which sup- Their work in the Antelope Valley, sial decision to abort the mission. ported more than $181 billion of financ- outside Los Angeles, helped create one Gemini 8 splashed down in the Atlantic ing for new public capital infrastruc- of our nation’s most productive high- Ocean safely, but only part of its mis- ture projects, such as bridges, schools, skilled manufacturing hubs. Their leg- sion had been accomplished. and hospitals. acy remains today, and it is fitting As a veteran astronaut, Armstrong Build America Bonds were a huge that their names are attached to these was an obvious choice for the Apollo success in Massachusetts. My State outstanding facilities. missions. issued close to $5 billion in bonds. Dr. Hugh Dryden was one of our Na- His first assignment was Apollo 11; it Build America Bonds helped finance tion’s first and most prominent schol- was the fifth manned Apollo mission Massachusetts’ Accelerated Bridge ars in the fields of high speed aero- and the first manned landing on the Program, which repaired and rebuilt nautics and aerodynamics. lunar surface. Accompanying Arm- hundreds of structurally deficient Dr. Dryden began his distinguished strong on the mission were Buzz Aldrin bridges. career at the Bureau of Standards and and Michael Collins—both accom- Other examples of projects include a quickly rose to become the Associate plished astronauts in their own right. new laboratory at UMass Amherst, a Director by 1934. The Apollo 11 crew launched atop a new courthouse in Salem, and a new During World War II, Dr. Dryden Saturn V rocket from Cape Canaveral building at the Worcester State Hos- dedicated his considerable talents to on July 16, 1969. It took more than four pital—improving energy efficiency and serving armed forces as a scientific ad- days for the crew to reach the lunar reducing costs. visor, working on aeronautical matters surface. Armstrong and Aldrin ap- I plan to work with my good friends and guided missiles. For his work on proached the lunar surface while Col- Senator WYDEN and Congressman these issues, Dr. Dryden received the lins manned the command vehicle in NEAL—both leaders on this issue—to Medal of Freedom from the Army in orbit. ensure we continue to invest in both 1946 and Presidential Certificate of The goal was to find a safe landing our infrastructure and our future. Merit in 1948—two of our nation’s high- zone, which proved more difficult than These are the kinds of programs that est honors for civilian service. expected. With only 25 seconds of fuel will put America back to work. I want Following the war, Hugh Dryden be- remaining, the ‘‘Eagle’’ landed on July American workers to build and export came the Director of the National Ad- 20, 1969, at the Sea of Tranquility. wind turbines and solar panels that say visory Committee on Aeronautics, As he stepped off Apollo 11, Arm- ‘‘Made in America,’’ instead of the NACA. Eventually, when the advisory strong uttered his famous words, American economy importing millions committee was formalized in 1958 and ‘‘That’s one small step for [a] man, one of barrels of oil a day that say ‘‘Made became the National Aeronautics and giant leap for mankind.’’ by OPEC.’’ Space Administration, NASA, Dr. Dry- Armstrong and Aldrin spent two and I want American inventors dreaming den served as its first Deputy Director. a half hours on the lunar surface. They up the newest energy technologies that Neil Armstrong is another man that took photographs, inspected the condi- convert patent applications for a proto- inspired Americans to look to the tion of the lander, and planted the type into job applications on the fac- skies. He may have been born in Ohio, American Flag to commemorate their tory floor. I want American workers but his life’s work was done in Cali- incredible achievement. repairing our crumbling bridges, roads, fornia. It was the first and last time Arm- and schools. In his early years he was stationed in strong would visit the moon. Shortly We are in a terrestrial technology San Diego as a Naval Aviator. Al- after Apollo 11’s safe return to Earth, and manufacturing race as important though he left the state to pursue an Armstrong announced that he did not as the celestial race President Kennedy undergraduate degree, he returned intend to fly in space again. began 50 years ago. These are three of shortly thereafter to become a test But his time in public life was not the programs that will put America pilot at Edwards Air Force Base. quite finished. Armstrong toured the into a new economic orbit, looking As a NASA test pilot, Armstrong flew world as a celebrity on the ‘‘Giant down on our competitors. We should more than 200 different models of air- Leap’’ tour. He visited the Soviet pass all three and put America back to craft. His experience included work Union to meet with the Premier and work. with jets, helicopters, rockets and glid- joined Bob Hope on a USO tour in Viet- By Mrs. FEINSTEIN: ers, and he became one of the best nam. S. 1636. A bill to redesignate certain known pilots of the X–15 test plane. Upon his return, Armstrong com- facilities of the National Aeronautics Even before he became an astronaut, pleted his Master of Science in Aero- and Space Administration; to the Com- Armstrong reached unbelievable space Engineering at the University of mittee on Commerce, Science, and heights and speeds. While working with Southern California. Transportation. the X–15 from November 1960 to July He worked briefly for the Advanced Mrs. FEINSTEIN. Mr. President, I 1962, he reached a top altitude of 207,500 Research Projects Agency, or ARPA, rise today to introduce legislation to feet and a top speed of 3,989 mph. and served as Deputy Associate Admin- commemorate one of our nation’s Neil Armstrong logged an incredible istrator for Aeronautics at NASA. greatest heroes, Neil Armstrong, by re- 2,400 flight hours as a test pilot at Dry- In 1971, he returned to Ohio to teach designating the Dryden Flight Re- den Flight Research Center before set- the next generation of engineers at the search Center at Edwards Air Force ting his sights even higher. University of Cincinnati. By the end of Base as the Neil A. Armstrong Flight In 1962, Neil Armstrong became an his career, Armstrong had been deco- Research Center. Astronaut. rated by 17 countries and received The legislation will also rename the His career as an Astronaut began many notable honors, including: the Western Aeronautical Test Range at with Gemini 8 in 1966. The mission Presidential Medal of Freedom; the Edwards Air Force Base as the Hugh L. began with a landmark success—Neil Congressional Gold Medal; the Congres- Dryden Aeronautical Test Range, as a Armstrong and his partner David Scott sional Space Medal of Honor; the Ex- tribute to Dr. Dryden’s enduring leg- successfully docked their Gemini cap- plorers Club Medal; the Robert H. God- acy. sule with the Agena satellite in orbit. dard Memorial Trophy; the NASA Dis- There are few men in history who It was the first time two spacecraft tinguished Service Medal; the Harmon have made such substantial contribu- linked up in space. International Aviation Trophy; the tions to our understanding of aero- However, shortly after the docking, Royal Geographic Society’s Gold nautics and our solar system. the spacecraft began to spin out of con- Medal; the Federation Aeronautique Neil Armstrong took the most impor- trol. After the spacecraft separated, Internationale’s Gold Space Medal; the tant steps in the history of mankind Gemini and its astronauts were rolling American Astronautical Society Flight when he stepped off Apollo 11. at a revolution per second. The violent Achievement Award; the Robert J. Col- Dr. Dryden shaped the principles and revolutions threatened the vision and lier Trophy; the AIAA Astronautics policies that led to the development of consciousness of Armstrong and Scott, Award; the Octave Chanute Award; and the nation’s first high speed aircraft. and so Armstrong made the controver- the John J. Montgomery Award.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7732 CONGRESSIONAL RECORD — SENATE October 31, 2013 His long list of accolades dem- partment of the Treasury relating to population aged 12 and older, used illicit onstrates just how incredible and inspi- liability under section 5000A of the In- drugs; rational Armstrong was, not only for ternal Revenue Code of 1986 for the Whereas drug abuse is 1 of the major chal- California and our nation, but around shared responsibility payment for not lenges to securing a safe and healthy future for people and families in the United States; the world as well. maintaining minimum essential cov- Whereas drug abuse and alcohol abuse con- Tragically, we lost Neil A. Arm- erage; to the Committee on Finance. tribute to domestic violence and sexual as- strong on August 25 last year. But his Mr. MCCONNELL. Mr. President, I sault and place children at risk; legacy will live on and continue to in- ask unanimous consent that the text of Whereas, although public awareness of il- spire the next generation of engineers, the bill be printed in the RECORD. licit drug use is increasing, emerging drug scientists, and astronauts. There being no objection, the text of threats and growing epidemics demand at- In a fitting tribute, NASA Adminis- the bill was ordered to be printed in tention, with particular focus on synthetic drugs and the nonmedical use of prescription trator Charlie Bolden said that: ‘‘As the RECORD, as follows: drugs, the second most abused drug by young long as there are history books, Neil S.J. RES 27 people in the United States; Armstrong will be included in them, re- Resolved by the Senate and House of Rep- Whereas, the majority of teenagers abusing membered for taking humankind’s first resentatives of the United States of America in prescription drugs get the drugs from family, small step on a world beyond our own.’’ Congress assembled, That Congress dis- friends, and the home medicine cabinet; Neil Armstrong’s work, career, and approves the rule submitted by the Internal Whereas the Drug Enforcement Adminis- legacy have inspired many accomplish- Revenue Service of the Department of the tration will host a National Take Back Day ments and discoveries beyond his own Treasury relating to liability under section on October 26, 2013, for the public to safely personal achievements. It is only fit- 5000A of the Internal Revenue Code of 1986 dispose of unused or expired prescription ting that the Dryden Flight Research for the shared responsibility payment for not drugs that can lead to accidental poisoning, maintaining minimum essential coverage overdose, and abuse; Center, which is located at the base (published at 78 Fed. Reg. 53646 (August 30, Whereas synthetic drugs, including those where his career quite literally took 2013)), and such rule shall have no force or ef- popularly known as ‘‘K2’’ or ‘‘Spice’’, have off, be renamed in his honor. fect. acknowledged dangerous health effects and This is a simple bill that will help to f have become especially popular among teens appropriately pay tribute to two indi- and young adults; viduals who have helped shape and de- SUBMITTED RESOLUTIONS Whereas in 2012, poison centers across the fine the space and aeronautical indus- United States responded to approximately tries. I urge my colleagues to support 5205 calls related to synthetic drugs; SENATE RESOLUTION 279—SUP- Whereas 2012 National Survey on Drug Use this bill to re-designate the Dryden PORTING THE GOALS AND and Health data revealed that heroin use Flight Research Center as the Neil A. IDEALS OF RED RIBBON WEEK doubled between 2007 and 2011 and in 2012 Armstrong Flight Research Center and DURING THE PERIOD OF OCTO- there were 669,000 heroin users compared to the Western Aeronautical Test Range 373,000 in 2007; BER 23 THROUGH OCTOBER 31, as the Hugh L. Dryden Aeronautical Whereas 2012 National Survey on Drug Use 2013 Test Range. and Health data revealed a 50 percent in- Mr. President, I ask unanimous con- Ms. MURKOWSKI (for herself and crease in daily marijuana use among individ- sent that the text of the bill be printed Mrs. FEINSTEIN) submitted the fol- uals aged 12 and over and a 25 percent in- lowing resolution; which was referred crease in marijuana use by the general popu- in the RECORD. lation; and There being no objection, the text of to the Committee on Health, Edu- Whereas parents, young people, schools, the bill was ordered to be printed in cation, Labor, and Pensions: businesses, law enforcement agencies, reli- the RECORD, as follows: S. RES. 279 gious institutions and faith-based organiza- S. 1636 Whereas the Red Ribbon Campaign was tions, service organizations, senior citizens, Be it enacted by the Senate and House of Rep- started to commemorate the service of medical and military personnel, sports resentatives of the United States of America in Enrique ‘‘Kiki’’ Camarena, an 11-year special teams, and individuals throughout the Congress assembled, agent of the Drug Enforcement Administra- United States will demonstrate their com- tion who was murdered in the line of duty in mitment to healthy, productive, and drug- SECTION 1. REDESIGNATION OF DRYDEN FLIGHT free lifestyles by wearing and displaying red RESEARCH CENTER. 1985 while engaged in the battle against il- ribbons during this week-long celebration: (a) REDESIGNATION.—The National Aero- licit drugs; Now, therefore, be it nautics and Space Administration (NASA) Whereas the Red Ribbon Campaign has Resolved, That the Senate— Hugh L. Dryden Flight Research Center in been nationally recognized since 1988 to pre- (1) supports the goals and ideals of Red Edwards, California, is redesignated as the serve the memory of Special Agent Ribbon Week during the period of October 23 ‘‘NASA Neil A. Armstrong Flight Research Camarena and further the cause for which he through October 31, 2013; Center’’. gave his life; (2) encourages children, teens, and other (b) REFERENCES.—Any reference in a law, Whereas the Red Ribbon Campaign is the individuals to choose to live drug-free lives; map, regulation, document, paper, or other oldest and largest drug prevention awareness and record of the United States to the flight reprogram in the United States, reaching mil- (3) encourages the people of the United search center referred to in subsection (a) lions of young people each year during Red States to promote the creation of drug-free shall be deemed to be a reference to the Ribbon Week; communities and to participate in drug pre- ‘‘NASA Neil A. Armstrong Flight Research Whereas the Drug Enforcement Adminis- vention activities to show support for Center’’. tration has been committed throughout its healthy, productive, and drug-free lifestyles. SEC. 2. REDESIGNATION OF WESTERN AERO- 40-year history to aggressively targeting or- NAUTICAL TEST RANGE. ganizations involved in the growing, manu- f facturing, and distribution of controlled sub- (a) REDESIGNATION.—The National Aero- SENATE RESOLUTION 280—RECOG- nautics and Space Administration (NASA) stances and has been a steadfast partner in commemorating Red Ribbon Week; NIZING THE 40THE ANNIVER- Western Aeronautical Test Range in Cali- SARY OF THE WITHDRAWAL OF fornia is redesignated as the ‘‘NASA Hugh L. Whereas State Governors and attorney Dryden Aeronautical Test Range’’. generals, the National Family Partnership, UNITED STATES COMBAT (b) REFERENCES.—Any reference in a law, parent teacher associations, Boys and Girls TROOPS FROM THE VIETNAM map, regulation, document, paper, or other Clubs of America, Young Marines, the Drug WAR AND EXPRESSING RE- record of the United States to the test range Enforcement Administration, and hundreds NEWED SUPPORT FOR UNITED referred to in subsection (a) shall be deemed of other organizations throughout the STATES VETERANS OF THAT United States annually celebrate Red Ribbon to be a reference to the ‘‘NASA Hugh L. Dry- CONFLICT den Aeronautical Test Range’’. Week during the period of October 23 through October 31; Mr. THUNE (for himself, Mr. BAUCUS, By Mr. MCCONNELL (for himself Whereas the objective of Red Ribbon Week and Mr. MCCAIN) submitted the fol- and Mr. COATS): is to promote the creation of drug-free com- lowing resolution; which was referred S.J. Res. 27. A joint resolution pro- munities through drug prevention efforts, to the Committee on Foreign Rela- education programs, parental involvement, tions: viding for congressional disapproval and community-wide support; under chapter 8 of title 5, United Whereas, according to the National Survey S. RES. 280 States Code, of the rule submitted by on Drug Use and Health, in 2012 an estimated Whereas the United States Armed Forces the Internal Revenue Service of the De- 23,900,000 Americans, or 9.2 percent of the supported the cause of freedom in South

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7733 Vietnam between October 1955 and May 7, Resolved, That it is the sense of the Senate strengthening the capacity of organizations 1975, beginning with the commencement of that— and communities to solve problems through the Military Assistance Advisory Group, President Obama should directly address the Social Innovation Fund, the Volunteer Vietnam, with many servicemembers mak- the serious allegation whether his adminis- Generation Fund, and other initiatives; ing the ultimate sacrifice; tration monitored the calls of Pope Francis Whereas AmeriCorps and Senior Corps sup- Whereas the United States carried out its or the conclave selecting the Pope. port the military community by engaging first combat mission in Vietnam on January veterans in service, helping veterans read- f 12, 1962; just to civilian life, and providing support to Whereas a total of 8,744,000 personnel SENATE RESOLUTION 282—COM- military families; served worldwide during the Vietnam War MEMORATING THE 20TH ANNI- Whereas more than 17,000 veterans have era, including 4,368,000 in the United States VERSARY OF THE ESTABLISH- served as AmeriCorps members and have Army, 1,842,000 in the United States Navy, MENT OF THE CORPORATION helped veterans and military families access 794,000 in the United States Marine Corps, benefits and services, conduct job searches, and 1,740,000 in the United States Air Force; FOR NATIONAL AND COMMUNITY and provide safe and affordable housing; Whereas the number of United States SERVICE Whereas the CNCS is working to increase servicemembers deployed in theater rose to a Mr. NELSON (for himself, Ms. MIKUL- the number of veterans and military families peak of 543,482 in April 1969; SKI, Mr. COCHRAN, Mr. WICKER, Mrs. served by and engaged in programs supported Whereas 1,857,304 men entered military by the CNCS; MURRAY, Mr. WARNER, Mr. COONS, Mr. service through the Selective Service Sys- Whereas, since 1994, CNCS programs and tem between August 1964 and February 1973; BROWN, Mr. FRANKEN, Mr. BENNET, Mr. members have provided critical services to Whereas, of the 58,220 casualties of United HARKIN, Ms. LANDRIEU, Mr. BEGICH, Ms. millions of people in the United States who States personnel, 47,434 were battle deaths; STABENOW, Mr. HEINRICH, Mr. TESTER, have been affected by floods, fires, hurri- Whereas 153,303 wounded United States Mr. ROCKEFELLER, Mr. MARKEY, Mr. canes, tornadoes, and other disasters and servicemembers required hospital care; JOHNSON of South Dakota, Ms. WAR- emergencies, helping families and commu- Whereas an additional 150,341 wounded REN, Mr. DURBIN, Mrs. SHAHEEN, Ms. nities rebuild their lives; United States servicemembers did not re- BALDWIN, Mr. HATCH, Mr. BAUCUS, and Whereas the CNCS has partnered with the quire hospital care; Federal Emergency Management Agency to Mr. JOHANNS) submitted the following Whereas 2,646 United States launch FEMA Corps, which strives to servicemembers went missing in action dur- resolution; which was considered and strengthen the disaster response capacity of ing the Vietnam War, of whom 1,645 are still agreed to.: the United States, increase the reliability unaccounted for; S. RES. 282 and diversity of the disaster response work- Whereas 725 United States servicemembers Whereas the Corporation for National and force, promote an ethic of service, and pre- were taken as prisoners of war, with 64 dying Community Service (in this preamble re- pare young people for careers in emergency while in internment; ferred to as the ‘‘CNCS’’) was established management; and Whereas the Paris Peace Accords, signed under section 191 of the National and Com- Whereas the Task Force on Expanding Na- on January 27, 1973, put an end to the direct munity Service Act of 1990 (42 U.S.C. 12651), tional Service established in July 2013 is intervention of the United States in the as added by section 202 of the National and working to expand national service opportu- Vietnam War; and Community Service Trust Act of 1993 (Public nities: Now, therefore, be it Whereas the last United States combat Law 103–82; 107 Stat. 873); Resolved, That the Senate— troops left South Vietnam 2 months later in Whereas, since 1993, the CNCS has operated (1) commemorates the 20th anniversary of the spring of 1973: Now, therefore, be it as an independent Federal agency, over- the establishment of the Corporation for Na- Resolved, That— seeing all national and community service tional and Community Service; (1) the Senate honors the 40th anniversary programs authorized by the National and (2) recognizes that, for 20 years, the Cor- of the withdrawal of United States combat Community Service Act of 1990 (42 U.S.C. poration for National and Community Serv- troops from the Vietnam War; 12501 et seq.) and the Domestic Volunteer ice has worked to improve lives, strengthen (2) the Senate renews its support for Service Act of 1973 (42 U.S.C. 4950 et seq.); communities, expand economic opportunity, United States veterans of that conflict; and Whereas the CNCS connects people of all foster innovation and civic engagement, and (3) when the Senate adjourns today, the ages and backgrounds with opportunities to engage millions of people in the United Senate will stand adjourned as a further give back to their communities and the States in solving critical problems through mark of respect to the memory of United United States; national service; States servicemembers who have given their Whereas programs conducted by the CNCS (3) recognizes that, since the inception of lives in the name of service to the United strive to address national and local needs, AmeriCorps in 1994, more than 820,000 people States. while renewing an ethic of civic responsi- have served as AmeriCorps members, serving approximately 1,000,000,000 hours, mobilizing f bility and community spirit in the United States by encouraging citizens to participate millions of volunteers, and improving the SENATE RESOLUTION 281—EX- in service; lives of countless people in the United PRESSING THE SENSE OF THE Whereas, since 1993, millions of people in States; UNITED STATES SENATE THAT the United States have served in (4) welcomes the efforts of the Corporation AmeriCorps, Senior Corps, Learn and Serve for National and Community Service to in- PRESIDENT OBAMA SHOULD crease the involvement of veterans and mili- ISSUE A STATEMENT REGARD- America, and other CNCS programs, addressing the most pressing challenges facing the tary families in national service and to ex- ING SPYING ON HIS HOLINESS, United States, from helping students grad- pand services to the military community; POPE FRANCIS uate and supporting veterans and military (5) recognizes the goal of the Serve Amer- Mr. PAUL submitted the following families to preserving the environment and ica Act (Public Law 111–13; 123 Stat. 1460) to helping communities recover from natural increase the number of approved national resolution; which was referred to the service positions to 250,000 by 2017; and Select Committee on Intelligence: disasters; Whereas participants serve in tens of thou- (6) recognizes and thanks all those who S. RES. 281 sands of locations across the country, bol- have served in AmeriCorps, Senior Corps, Whereas public news reports this week in- stering the civic, neighborhood, and faith- and other programs conducted by the Cor- dicate that the United States National Secu- based organizations that are so vital to the poration for National and Community Serv- rity Agency monitored millions of phone economic and social well-being of the people ice for demonstrating commitment, dedica- calls in Italy in late 2012 and early 2013; of the United States; tion, and patriotism through their service to Whereas these reports indicate that the Whereas national service expands eco- the people of the United States. National Security Agency monitored tele- nomic opportunity by creating more sustain- f phone calls made to and from a residence in able, resilient communities and providing Rome where then Archbishop Jorge Mario education, career skills, and leadership abili- SENATE RESOLUTION 283—TO CON- Bergoglio stayed during the conclave select- ties for those who serve; ing Bergoglio, now known as His Holiness Whereas national service represents a part- STITUTE THE MAJORITY PAR- Pope Francis, to succeed Pope Benedict XVI; nership between public and private organiza- TY’S MEMBERSHIP ON CERTAIN Whereas this story has been widely re- tions, invests in community solutions, and COMMITTEES FOR THE ONE HUN- ported in the American and international leverages State and local resources to DRED THIRTEENTH CONGRESS, media; strengthen community impact; OR UNTIL THEIR SUCCESSORS Whereas the National Security Agency has Whereas, in 2009, Congress passed the Serve ARE CHOSEN reportedly denied the allegations; and America Act (Public Law 111–13; 123 Stat. Whereas these allegations are serious and 1460), authorizing the expansion of national Mr. REID on Nevada submitted the President Obama should personally address service, expanding opportunities to serve, in- following resolution; which was consid- these reports; creasing efficiency and accountability, and ered and agreed to:

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S. RES. 283 and detention, and that every individual (b) TABLE OF CONTENTS.—The table of con- Resolved, That the following shall con- bears the right to have adequate time and fa- tents of this Act is as follows: stitute the majority party’s membership on cilities for the preparation of his defense and Sec. 1. Short title; table of contents. the following committees for the One Hun- to be present during the duration of his trial; Sec. 2. Definition of Secretary. dred Thirteenth Congress, or until their suc- Whereas the International Covenant on TITLE I—WATER RESOURCE PROJECTS cessors are chosen: Civil and Political Rights further guarantees every individual the right to a fair and pub- Sec. 1001. Purposes. COMMITTEE ON COMMERCE, SCIENCE, AND Sec. 1002. Project authorizations. TRANSPORTATION: Mr. Rockefeller (Chair- lic hearing by a competent, independent, and impartial tribunal; Sec. 1003. Project review. man), Mrs. Boxer, Mr. Nelson, Ms. Cantwell, Sec. 1004. Future project authorizations. Mr. Pryor, Mrs. McCaskill, Ms. Klobuchar, Whereas Iran is a member of the United Mr. Warner, Mr. Begich, Mr. Blumenthal, Nations and a signatory to both the Uni- TITLE II—WATER RESOURCES POLICY Mr. Schatz, Mr. Markey, Mr. Booker. versal Declaration of Human Rights and the REFORMS COMMITTEE ON ENVIRONMENT AND PUBLIC International Covenant on Civil and Polit- Sec. 2001. Purposes. WORKS: Mrs. Boxer (Chairman), Mr. Baucus, ical Rights without reservation; Sec. 2002. Safety assurance review. Mr. Carper, Mr. Cardin, Mr. Sanders, Mr. Whereas articles 13 and 23 through 27 of the Sec. 2003. Continuing authority programs. Whitehouse, Mr. Udall of New Mexico, Mr. Constitution of the Islamic Republic of Iran Sec. 2004. Continuing authority program Merkley, Mrs. Gillibrand, Mr. Booker. provide for freedom of expression, assembly, prioritization. COMMITTEE ON SMALL BUSINESS AND ENTRE- and association, as well as the freedom to Sec. 2005. Fish and wildlife mitigation. PRENEURSHIP: Ms. Landrieu (Chairman), Mr. practice one’s religion; Sec. 2006. Mitigation status report. Levin, Ms. Cantwell, Mr. Pryor, Mr. Cardin, Whereas Iran is a religiously diverse soci- Sec. 2007. Independent peer review. Mrs. Shaheen, Mrs. Hagan, Ms. Heitkamp, ety and the United Nations Special Sec. 2008. Operation and maintenance of Mr. Markey, Mr. Booker. Rapporteur on the Situation of Human navigation and hydroelectric Rights in the Islamic Republic of Iran re- facilities. f ports that religious minorities, including Sec. 2009. Hydropower at Corps of Engineers SENATE RESOLUTION 284—CALL- Nematullahi Sufi Muslims, Sunnis, Baha’is, facilities. ING ON THE GOVERNMENT OF and Christians, face human rights violations Sec. 2010. Clarification of work-in-kind cred- IRAN TO IMMEDIATELY RE- in Iran; it authority. Whereas, in recent years, there has been an Sec. 2011. Transfer of excess work-in-kind LEASE SAEED ABEDINI AND ALL credit. OTHER INDIVIDUALS DETAINED increase in the number of incidents of Ira- nian authorities raiding religious services, Sec. 2012. Credit for in-kind contributions. ON ACCOUNT OF THEIR RELI- detaining worshipers and religious leaders, Sec. 2013. Credit in lieu of reimbursement. GIOUS BELIEFS and harassing and threatening minority reli- Sec. 2014. Dam optimization. Sec. 2015. Water supply. Mr. RISCH (for himself, Mr. LEAHY, gious members; Whereas the United Nations Special Sec. 2016. Report on water storage pricing Mr. CRAPO, and Mr. PAUL) submitted formulas. the following resolution; which was re- Rapporteur reports that Iranian intelligence officials are known to threaten Christian Sec. 2017. Clarification of previously author- ferred to the Committee on Foreign converts with arrest and apostasy charges if ized work. Relations: they do not return to Islam; and Sec. 2018. Consideration of Federal land in feasibility studies. S. RES. 284 Whereas President Barack Obama has called on President Hassan Rouhani to dem- Sec. 2019. Planning assistance to States. Whereas, in September 2012, Saeed Abedini, Sec. 2020. Vegetation management policy. a resident of the State of Idaho and a minor- onstrate the commitment of Iran to individual human rights through the release of Sec. 2021. Levee certifications. ity Christian with dual Iranian–United Sec. 2022. Restoration of flood and hurricane all prisoners of conscience: Now, therefore, States citizenship, was arbitrarily detained storm damage reduction be it in the Islamic Republic of Iran, held in soli- projects. tary confinement, physically beaten, denied Resolved, That the Senate— (1) recognizes that freedom of religious be- Sec. 2023. Operation and maintenance of cer- access to necessary medical treatment as a tain projects. result of that abuse, and denied access to his lief and practice is a universal human right and a fundamental freedom of every indi- Sec. 2024. Dredging study. lawyer until just before his trial; Sec. 2025. Non-Federal project implementa- Whereas, in January 2013, an Iranian court vidual, regardless of race, sex, country, creed, or nationality, and should never be ar- tion pilot program. accused Saeed Abedini of attempting to un- Sec. 2026. Non-Federal implementation of dermine the national security of Iran by bitrarily abridged by any government; (2) recognizes that governments have a re- feasibility studies. gathering with fellow Christians in private Sec. 2027. Tribal partnership program. homes; sponsibility to protect the fundamental rights of their citizens; and Sec. 2028. Cooperative agreements with Co- Whereas Saeed Abedini was tried in a non- lumbia River Basin Indian public trial before a judge who had been (3) calls on the Government of Iran to immediately release Saeed Abedini and all tribes. sanctioned by the European Union for re- Sec. 2029. Military munitions response ac- peated violations of human rights, including other individuals detained on account of their religious beliefs. tions at civil works shoreline issuing long prison sentences to peaceful protection projects. protestors following the 2009 election; f Sec. 2030. Beach nourishment. Whereas, during the trial, Saeed Abedini AMENDMENTS SUBMITTED AND Sec. 2031. Regional sediment management. and his Iranian attorney were barred from PROPOSED Sec. 2032. Study acceleration. attending portions of the trial in which the Sec. 2033. Project acceleration. prosecution provided and the judge received SA 2009. Mr. REID (for Mrs. BOXER) pro- Sec. 2034. Feasibility studies. evidence through witness testimony; posed an amendment to the bill H.R. 3080, to Sec. 2035. Accounting and administrative ex- Whereas the Iranian court sentenced Saeed provide for improvements to the rivers and penses. Abedini to 8 years in prison; harbors of the United States, to provide for Sec. 2036. Determination of project comple- Whereas, in August 2013, the 36th branch of the conservation and development of water tion. the Tehran appeals court denied Saeed and related resources, and for other pur- Sec. 2037. Project partnership agreements. Abedini’s appeal and affirmed his 8-year sen- poses. Sec. 2038. Interagency and international tence; f support authority. Whereas the Government of Iran continues Sec. 2039. Acceptance of contributed funds to indefinitely imprison Saeed Abedini for TEXT OF AMENDMENTS to increase lock operations. peacefully exercising his faith; SA 2009. Mr. REID (for Mrs. BOXER) Sec. 2040. Emergency response to natural Whereas the United Nations Universal Dec- proposed an amendment to the bill disasters. laration of Human Rights declares that H.R. 3080, to provide for improvements Sec. 2041. Systemwide improvement frame- every individual has ‘‘the right to freedom of to the rivers and harbors of the United works. thought, conscience and religion’’, which in- States, to provide for the conservation Sec. 2042. Funding to process permits. cludes the ‘‘freedom to change his religion or Sec. 2043. National riverbank stabilization belief, and freedom, either alone or in com- and development of water and related and erosion prevention study munity with others and in public or private, resources, and for other purposes; as and pilot program. to manifest his religion or belief in teaching, follows: Sec. 2044. Hurricane and storm damage risk practice, worship and observance’’, and the Strike all after the enacting clause and in- reduction prioritization. International Covenant on Civil and Polit- sert the following: Sec. 2045. Prioritization of ecosystem res- ical Rights echoes that declaration; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. toration efforts. Whereas the International Covenant on (a) SHORT TITLE.—This Act may be cited as Sec. 2046. Special use permits. Civil and Political Rights holds that every the ‘‘Water Resources Development Act of Sec. 2047. Operations and maintenance on individual shall be free from arbitrary arrest 2013’’. fuel taxed inland waterways.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0655 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7735 Sec. 2048. Corrosion prevention. Sec. 5006. Arkansas River, Arkansas and Sec. 9005. National Dam Safety Program. Sec. 2049. Project deauthorizations. Oklahoma. Sec. 9006. Public awareness and outreach for Sec. 2050. Reports to Congress. Sec. 5007. Aquatic invasive species preven- dam safety. Sec. 2051. Indian Self-Determination and tion and management; Colum- Sec. 9007. Authorization of appropriations. Education Assistance Act con- bia River Basin. TITLE X—INNOVATIVE FINANCING PILOT forming amendment. Sec. 5008. Upper Missouri Basin flood and PROJECTS Sec. 2052. Invasive species review. drought monitoring. Sec. 10001. Short title. Sec. 2053. Wetlands conservation study. Sec. 5009. Upper Missouri Basin shoreline Sec. 10002. Purposes. Sec. 2054. Dam modification study. erosion prevention. Sec. 2055. Non-Federal plans to provide addi- Sec. 10003. Definitions. Sec. 5010. Northern Rockies headwaters ex- Sec. 10004. Authority to provide assistance. tional flood risk reduction. treme weather mitigation. Sec. 10005. Applications. Sec. 2056. Mississippi River forecasting im- Sec. 5011. Aquatic nuisance species preven- Sec. 10006. Eligible entities. provements. tion, Great Lakes and Mis- Sec. 10007. Projects eligible for assistance. Sec. 2057. Flexibility in maintaining naviga- sissippi River Basin. Sec. 10008. Activities eligible for assistance. tion. Sec. 5012. Middle Mississippi River pilot pro- Sec. 10009. Determination of eligibility and Sec. 2058. Restricted areas at Corps of Engi- gram. project selection. neers dams. Sec. 5013. Idaho, Montana, rural Nevada, Sec. 10010. Secured loans. Sec. 2059. Maximum cost of projects. New Mexico, rural Utah, and Sec. 10011. Program administration. Sec. 2060. Donald G. Waldon Lock and Dam. Wyoming. Sec. 10012. State, tribal, and local permits. Sec. 2061. Improving planning and adminis- Sec. 5014. Chesapeake Bay oyster restora- Sec. 10013. Regulations. tration of water supply storage. tion in Virginia and Maryland. Sec. 10014. Funding. Sec. 2062. Crediting authority for Federally Sec. 5015. Missouri River between Fort Peck Sec. 10015. Report to Congress. authorized navigation projects. Dam, Montana and Gavins Sec. 10016. Use of American iron, steel, and Sec. 2063. River basin commissions. Point Dam, South Dakota and manufactured goods. Sec. 2064. Restriction on charges for certain Nebraska. TITLE XI—EXTREME WEATHER surplus water. Sec. 5016. Operations and maintenance of in- TITLE III—PROJECT MODIFICATIONS land Mississippi River ports. Sec. 11001. Definition of resilient construction technique. Sec. 3001. Purpose. Sec. 5017. Remote and subsistence harbors. Sec. 11002. Study on risk reduction. Sec. 3002. Chatfield Reservoir, Colorado. Sec. 5018. Multiagency effort to slow the Sec. 11003. GAO study on management of Sec. 3003. Missouri River Recovery Imple- spread of Asian carp in the flood, drought, and storm dam- mentation Committee expenses Upper Mississippi River and age. reimbursement. Ohio River basins and tribu- Sec. 11004. Post-disaster watershed assess- Sec. 3004. Hurricane and storm damage re- taries. ments. duction study. Sec. 5019. Release of use restrictions. Sec. 11005. Authority to accept and expend Sec. 3005. Lower Yellowstone Project, Mon- Sec. 5020. Rights and responsibilities of non-Federal amounts. tana. Cherokee Nation of Oklahoma Sec. 3006. Project deauthorizations. regarding W.D. Mayo Lock and TITLE XII—NATIONAL ENDOWMENT FOR Sec. 3007. Raritan River Basin, Green Brook Dam, Oklahoma. THE OCEANS Sub-basin, New Jersey. Sec. 5021. Upper Mississippi River protec- Sec. 12001. Short title. Sec. 3008. Red River Basin, Oklahoma, tion. Sec. 12002. Purposes. Texas, Arkansas, Louisiana. Sec. 5022. Arctic Deep draft port develop- Sec. 12003. Definitions. Sec. 3009. Point Judith Harbor of Refuge, ment partnerships. Sec. 12004. National Endowment for the Rhode Island. Sec. 5023. Greater Mississippi River Basin Oceans. Sec. 3010. Land conveyance of Hammond severe flooding and drought Sec. 12005. Eligible uses. Boat Basin, Warrenton, Oregon. management study. Sec. 12006. Grants. Sec. 3011. Metro East Flood Risk Manage- Sec. 5024. Cape Arundel Disposal Site, Sec. 12007. Annual report. ment Program, Illinois. Maine. Sec. 12008. Tulsa Port of Catoosa, Rogers Sec. 3012. Florida Keys water quality im- TITLE VI—LEVEE SAFETY County, Oklahoma land ex- provements. Sec. 6001. Short title. change. Sec. 3013. Des Moines Recreational River Sec. 6002. Findings; purposes. TITLE XIII—MISCELLANEOUS and Greenbelt, Iowa. Sec. 6003. Definitions. Sec. 13001. Applicability of Spill Prevention, Sec. 3014. Land conveyance, Craney Island Sec. 6004. National levee safety program. Control, and Countermeasure Dredged Material Management Sec. 6005. National levee safety advisory rule. Area, Portsmouth, Virginia. board. Sec. 3015. Los Angeles County Drainage Sec. 13002. America the Beautiful National Sec. 6006. Inventory and inspection of levees. Parks and Federal Recreational Area, California. Sec. 6007. Reports. Sec. 3016. Oakland Inner Harbor Tidal Canal, Lands Pass program. Sec. 6008. Effect of title. SEC. 2. DEFINITION OF SECRETARY. California. Sec. 6009. Authorization of appropriations. Sec. 3017. Redesignation of Lower Mis- In this Act, the term ‘‘Secretary’’ means sissippi River Museum and TITLE VII—INLAND WATERWAYS the Secretary of the Army. Riverfront Interpretive Site. Sec. 7001. Purposes. TITLE I—WATER RESOURCE PROJECTS Sec. 7002. Definitions. Sec. 3018. Louisiana Coastal Area. SEC. 1001. PURPOSES. Sec. 3019. Four Mile Run, City of Alexandria Sec. 7003. Project delivery process reforms. The purposes of this title are— and Arlington County, Virginia. Sec. 7004. Major rehabilitation standards. (1) to authorize projects that— Sec. 3020. East Fork of Trinity River, Texas. Sec. 7005. Inland waterways system reve- (A) are the subject of a completed report of Sec. 3021. Seward Waterfront, Seward, Alas- nues. the Chief of Engineers containing a deter- ka. Sec. 7006. Efficiency of revenue collection. mination that the relevant project— TITLE IV—WATER RESOURCE STUDIES Sec. 7007. GAO study, Olmsted Locks and Dam, Lower Ohio River, Illinois (i) is in the Federal interest; Sec. 4001. Purpose. and Kentucky. (ii) results in benefits that exceed the costs Sec. 4002. Initiation of new water resources Sec. 7008. Olmsted Locks and Dam, Lower of the project; studies. Ohio River, Illinois and Ken- (iii) is environmentally acceptable; and Sec. 4003. Applicability. tucky. (iv) is technically feasible; and TITLE V—REGIONAL AND NONPROJECT (B) have been recommended to Congress TITLE VIII—HARBOR MAINTENANCE PROVISIONS for authorization by the Assistant Secretary Sec. 8001. Short title. Sec. 5001. Purpose. of the Army for Civil Works; and Sec. 8002. Purposes. Sec. 5002. Northeast Coastal Region eco- (2) to authorize the Secretary— Sec. 8003. Funding for harbor maintenance system restoration. (A) to review projects that require in- programs. Sec. 5003. Chesapeake Bay Environmental creased authorization; and Sec. 8004. Harbor Maintenance Trust Fund Restoration and Protection (B) to request an increase of those author- prioritization. Program. izations after— Sec. 8005. Harbor maintenance trust fund Sec. 5004. Rio Grande environmental man- (i) certifying that the increases are nec- study. agement program, Colorado, essary; and New Mexico, Texas. TITLE IX—DAM SAFETY (ii) submitting to Congress reports on the Sec. 5005. Lower Columbia River and Sec. 9001. Short title. proposed increases. Tillamook Bay ecosystem res- Sec. 9002. Purpose. SEC. 1002. PROJECT AUTHORIZATIONS. toration, Oregon and Wash- Sec. 9003. Administrator. The Secretary is authorized to carry out ington. Sec. 9004. Inspection of dams. projects for water resources development,

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conservation, and other purposes, subject to (d) TERMINATION OF EFFECTIVENESS.—The (A) enhancing the ability of local sponsors the conditions that— authority of the Secretary under this section to partner with the Corps of Engineers by en- (1) each project is carried out— terminates on the date that is 3 years after suring the eligibility of the local sponsors to (A) substantially in accordance with the the date of enactment of this Act. receive and apply credit for work carried out plan for the project; and SEC. 1004. FUTURE PROJECT AUTHORIZATIONS. by the sponsors and increasing the role of (B) subject to any conditions described in (a) POLICY.—The benefits of water resource sponsors in carrying out Corps of Engineers the report for the project; and projects designed and carried out in an eco- projects; (2)(A) a Report of the Chief of Engineers nomically justifiable, environmentally ac- (B) ensuring continuing authority pro- has been completed; and ceptable, and technically sound manner are grams can continue to meet important (B) after November 8, 2007, but prior to the important to the economy and environment needs; date of enactment of this Act, the Assistant of the United States and recommendations (C) encouraging the continuation of efforts Secretary of the Army for Civil Works has to Congress regarding those projects should to modernize feasibility studies and estab- submitted to Congress a recommendation to be expedited for approval in a timely man- lish targets for expedited completion of fea- authorize construction of the project. ner. sibility studies; SEC. 1003. PROJECT REVIEW. (b) APPLICABILITY.—The procedures under (D) seeking efficiencies in the management of dams and related infrastructure to reduce (a) IN GENERAL.—For a project that is au- this section apply to projects for water re- environmental impacts while maximizing thorized by Federal law as of the date of en- sources development, conservation, and other benefits and project purposes, such as actment of this Act, the Secretary may mod- other purposes, subject to the conditions flood control, navigation, water supply, and ify the authorized project cost set under sec- that— hydropower; tion 902 of the Water Resources Development (1) each project is carried out— (E) clarifying mitigation requirements for Act of 1986 (33 U.S.C. 2280)— (A) substantially in accordance with the Corps of Engineers projects and ensuring (1) by submitting the required certification plan identified in the report of the Chief of transparency in the independent external re- and additional information to Congress in Engineers for the project; and view of those projects; and accordance with subsection (b); and (B) subject to any conditions described in (F) establishing an efficient and trans- (2) after receiving an appropriation of the report for the project; and parent process for deauthorizing projects funds in accordance with subsection (2)(A) a report of the Chief of Engineers has been completed; and that have failed to receive a minimum level (b)(3)(B). of investment to ensure active projects can (b) REQUIREMENTS FOR SUBMISSION.— (B) after the date of enactment of this Act, the Assistant Secretary of the Army for move forward while reducing the backlog of (1) CERTIFICATION.—The certification to authorized projects. Congress under subsection (a) shall include a Civil Works has submitted to Congress a rec- SEC. 2002. SAFETY ASSURANCE REVIEW. certification by the Secretary that— ommendation to authorize construction of the project. Section 2035 of the Water Resources Devel- (A) expenditures above the authorized cost opment Act of 2007 (33 U.S.C. 2344) is amend- of the project are necessary to protect life (c) EXPEDITED CONSIDERATION.— (1) IN GENERAL.—A bill shall be eligible for ed by adding at the end the following: and safety or property, maintain critical ‘‘(g) NONAPPLICABILITY OF FACA.—The navigation routes, or restore ecosystems; expedited consideration in accordance with this subsection if the bill— Federal Advisory Committee Act (5 U.S.C. (B) the project continues to provide bene- App.) shall not apply to a safety assurance (A) authorizes a project that meets the re- fits identified in the report of the Chief of review conducted under this section.’’. quirements described in subsection (b); and Engineers for the project; and SEC. 2003. CONTINUING AUTHORITY PROGRAMS. (C) for projects under construction— (B) is referred to the Committee on Envi- ronment and Public Works of the Senate. (a) SMALL RIVER AND HARBOR IMPROVEMENT (i) a temporary stop or delay resulting PROJECTS.—Section 107 of the River and Har- (2) COMMITTEE CONSIDERATION.— from a failure to increase the authorized cost bor Act of 1960 (33 U.S.C. 577) is amended— (A) IN GENERAL.—Not later than January of the project will increase costs to the Fed- (1) in subsection (a), by striking 31st of the second session of each Congress, eral Government; and ‘‘$35,000,000’’ and inserting ‘‘$50,000,000’’; and the Committee on Environment and Public (ii) the amount requested for the project in (2) in subsection (b), by striking Works of the Senate shall— the budget of the President or included in a ‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’. (i) report all bills that meet the require- work plan for the expenditure of funds for (b) SHORE DAMAGE PREVENTION OR MITIGA- the fiscal year during which the certification ments of paragraph (1); or TION.—Section 111(c) of the River and Harbor is submitted will exceed the authorized cost (ii) introduce and report a measure to au- Act of 1968 (33 U.S.C. 426i(c)) is amended by of the project. thorize any project that meets the require- striking ‘‘$5,000,000’’ and inserting (2) ADDITIONAL INFORMATION.—The informa- ments described in subsection (b). ‘‘$10,000,000’’. tion provided to Congress about the project (B) FAILURE TO ACT.—Subject to subpara- (c) REGIONAL SEDIMENT MANAGEMENT.— under subsection (a) shall include, at a min- graph (C), if the Committee fails to act on a (1) IN GENERAL.—Section 204 of the Water imum— bill that meets the requirements of para- Resources Development Act of 1992 (33 U.S.C. (A) a comprehensive review of the project graph (1) by the date specified in subpara- 2326) is amended— costs and reasons for exceeding the author- graph (A), the bill shall be discharged from (A) in subsection (c)(1)(C), by striking ized limits set under section 902 of the Water the Committee and placed on the calendar of ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’; and Resources Development Act of 1986 (33 U.S.C. the Senate. (B) in subsection (g), by striking 2280); (C) EXCEPTIONS.—Subparagraph (B) shall ‘‘$30,000,000’’ and inserting ‘‘$50,000,000’’. (B) an expedited analysis of the updated not apply if— (2) APPLICABILITY.—Section 2037 of the benefits and costs of the project; and (i) in the 180-day period immediately pre- Water Resources Development Act of 2007 (C) the revised cost estimate level for com- ceding the date specified in subparagraph (121 Stat. 1094) is amended by added at the pleting the project. (A), the full Committee holds a legislative end the following: (3) APPROVAL OF CONGRESS.—The Secretary hearing on a bill to authorize all projects ‘‘(c) APPLICABILITY.—The amendment made may not change the authorized project costs that meet the requirements described in sub- by subsection (a) shall not apply to any under subsection (a) unless— section (b); project authorized under this Act if a report (A) a certification and required informa- (ii)(I) the Committee favorably reports a of the Chief of Engineers for the project was tion is submitted to Congress under sub- bill to authorize all projects that meet the completed prior to the date of enactment of section (b); and requirements described in subsection (b); and this Act.’’. (d) SMALL FLOOD CONTROL PROJECTS.—Sec- (B) after such submission, amounts are ap- (II) the bill described in subclause (I) is tion 205 of the Flood Control Act of 1948 (33 propriated to initiate or continue construc- placed on the calendar of the Senate; or (iii) a bill that meets the requirements of U.S.C. 701s) is amended in the third sentence tion of the project in an appropriations or by striking ‘‘$7,000,000’’ and inserting other Act. paragraph (1) is referred to the Committee not earlier than 30 days before the date spec- ‘‘$10,000,000’’. (c) DE MINIMIS AMOUNTS.—If the cost to (e) PROJECT MODIFICATIONS FOR IMPROVE- complete construction of an authorized ified in subparagraph (A). (d) TERMINATION.—The procedures for expe- MENT OF ENVIRONMENT.—Section 1135(d) of water resources project would exceed the the Water Resources Development Act of limitations on the maximum cost of the dited consideration under this section terminate on December 31, 2018. 1986 (33 U.S.C. 2309a(d)) is amended— project under section 902 of the Water Re- (1) in the second sentence, by striking sources Development Act of 1986 (33 U.S.C. TITLE II—WATER RESOURCES POLICY ‘‘Not more than 80 percent of the non-Fed- 2280), the Secretary may complete construc- REFORMS eral may be’’ and inserting ‘‘The non-Federal tion of the project, notwithstanding the lim- SEC. 2001. PURPOSES. share may be provided’’; and itations imposed by that section if— The purposes of this title are— (2) in the third sentence, by striking (1) construction of the project is at least 70 (1) to reform the implementation of water ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. percent complete at the time the cost of the resources projects by the Corps of Engineers; (f) AQUATIC ECOSYSTEM RESTORATION.—Sec- project is projected to exceed the limita- (2) to make other technical changes to the tion 206(d) of the Water Resources Develop- tions; and water resources policy of the Corps of Engi- ment Act of 1996 (33 U.S.C. 2330(d)) is amend- (2) the Federal cost to complete construc- neers; and ed by striking ‘‘$5,000,000’’ and inserting tion is less than $5,000,000. (3) to implement reforms, including— ‘‘$10,000,000’’.

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(g) FLOODPLAIN MANAGEMENT SERVICES.— (ii) in subparagraph (B)— sessment of recent trends and any potential Section 206(d) of the Flood Control Act of (I) by striking clause (iii); threats to those resources; 1960 (33 U.S.C. 709a) is amended by striking (II) by redesignating clauses (iv) and (v) as ‘‘(B) an assessment of potential opportuni- ‘‘$15,000,000’’ and inserting ‘‘$50,000,000’’. clauses (v) and (vi), respectively; and ties to improve the overall quality of envi- SEC. 2004. CONTINUING AUTHORITY PROGRAM (III) by inserting after clause (ii) the fol- ronmental resources in the geographical area PRIORITIZATION. lowing: covered by the plan through strategic miti- (a) DEFINITION OF CONTINUING AUTHORITY ‘‘(iii) for projects where mitigation will be gation for impacts of water resources devel- PROGRAM PROJECT.—In this section, the term carried out by the Secretary— opment projects; ‘‘continuing authority program’’ means 1 of ‘‘(I) a description of the land and interest ‘‘(C) standard measures for mitigating cer- the following authorities: in land to be acquired for the mitigation tain types of impacts; (1) Section 205 of the Flood Control Act of plan; ‘‘(D) parameters for determining appro- 1948 (33 U.S.C. 701s). ‘‘(II) the basis for a determination that the priate mitigation for certain types of im- (2) Section 111 of the River and Harbor Act land and interests are available for acquisi- pacts, such as mitigation ratios or criteria of 1968 (33 U.S.C. 426i). tion; and for determining appropriate mitigation sites; (3) Section 206 of the Water Resources De- ‘‘(III) a determination that the proposed ‘‘(E) adaptive management procedures, velopment Act of 1996 (33 U.S.C. 2330). interest sought does not exceed the min- such as protocols that involve monitoring (4) Section 1135 of the Water Resources De- imum interest in land necessary to meet the predicted impacts over time and adjusting velopment Act of 1986 (33 U.S.C. 2309a). mitigation requirements for the project; mitigation measures in response to informa- (5) Section 107 of the River and Harbor Act ‘‘(iv) for projects where mitigation will be tion gathered through the monitoring; of 1960 (33 U.S.C. 577). carried out through a third party mitigation ‘‘(F) acknowledgment of specific statutory (6) Section 3 of the Act of August 13, 1946 arrangement in accordance with subsection or regulatory requirements that must be sat- (33 U.S.C. 426g). (i)— isfied when determining appropriate mitiga- (b) PRIORITIZATION.—Not later than 1 year ‘‘(I) a description of the third party mitigation for certain types of resources; and after the date of enactment of this Act, the tion instrument to be used; and ‘‘(G) any offsetting benefits of self-miti- Secretary shall publish in the Federal Reg- ‘‘(II) the basis for a determination that the gating projects, such as ecosystem or re- ister and on a publicly available website, the mitigation instrument can meet the mitiga- source restoration and protection. criteria the Secretary uses for prioritizing tion requirements for the project;’’; and ‘‘(7) PROCESS.—Before adopting a pro- annual funding for continuing authority pro- (2) by adding at the end the following: grammatic environmental mitigation plan gram projects. ‘‘(h) PROGRAMMATIC MITIGATION PLANS.— for use under this subsection, the Secretary (c) ANNUAL REPORT.—Not later than 1 year ‘‘(1) IN GENERAL.—The Secretary may de- shall— after the date of enactment of this Act and velop 1 or more programmatic mitigation ‘‘(A) for a plan developed by the Sec- each year thereafter, the Secretary shall plans to address the potential impacts to ec- retary— publish in the Federal Register and on a pub- ological resources, fish, and wildlife associ- ‘‘(i) make a draft of the plan available for licly available website, a report on the sta- ated with existing or future water resources review and comment by applicable environ- tus of each continuing authority program, development projects. mental resource agencies and the public; and which, at a minimum, shall include— ‘‘(2) USE OF MITIGATION PLANS.—The Sec- ‘‘(ii) consider any comments received from (1) the name and a short description of retary shall, to the maximum extent prac- those agencies and the public on the draft each active continuing authority program ticable, use programmatic mitigation plans plan; and project; developed in accordance with this subsection ‘‘(B) for a plan developed under paragraph (2) the cost estimate to complete each ac- to guide the development of a mitigation (3), determine, not later than 180 days after tive project; and plan under subsection (d). receiving the plan, whether the plan meets (3) the funding available in that fiscal year ‘‘(3) NON-FEDERAL PLANS.—The Secretary the requirements of paragraphs (4) through for each continuing authority program. shall, to the maximum extent practicable (6) and was made available for public com- (d) CONGRESSIONAL NOTIFICATION.—On pub- and subject to all conditions of this sub- ment. lication in the Federal Register under subsection, use programmatic environmental ‘‘(8) INTEGRATION WITH OTHER PLANS.—A sections (b) and (c), the Secretary shall sub- plans developed by a State, a body politic of programmatic environmental mitigation mit to the Committee on Environment and the State, which derives its powers from a plan may be integrated with other plans, in- Public Works of the Senate and the Com- State constitution, a government entity cre- cluding watershed plans, ecosystem plans, mittee on Transportation and Infrastructure ated by State legislation, or a local govern- species recovery plans, growth management of the House of Representatives a copy of all ment, that meet the requirements of this plans, and land use plans. information published under those sub- subsection to address the potential environ- ‘‘(9) CONSIDERATION IN PROJECT DEVELOP- sections. mental impacts of existing or future water MENT AND PERMITTING.—If a programmatic SEC. 2005. FISH AND WILDLIFE MITIGATION. resources development projects. environmental mitigation plan has been de- (a) IN GENERAL.—Section 906 of the Water ‘‘(4) SCOPE.—A programmatic mitigation veloped under this subsection, any Federal Resources Development Act of 1986 (33 U.S.C. plan developed by the Secretary or an entity agency responsible for environmental re- 2283) is amended— described in paragraph (3) to address poten- views, permits, or approvals for a water re- (1) in subsection (d)— tial impacts of existing or future water resources development project may use the (A) in paragraph (1)— sources development projects shall, to the recommendations in that programmatic en- (i) in the first sentence— maximum extent practicable— vironmental mitigation plan when carrying (I) by inserting ‘‘for damages to ecological ‘‘(A) be developed on a regional, eco- out the responsibilities of the agency under resources, including terrestrial and aquatic system, watershed, or statewide scale; the National Environmental Policy Act of resources, and’’ after ‘‘mitigate’’; ‘‘(B) include specific goals for aquatic re- 1969 (42 U.S.C. 4321 et seq.). (II) by inserting ‘‘ecological resources and’’ source and fish and wildlife habitat restora- ‘‘(10) PRESERVATION OF EXISTING AUTHORI- after ‘‘impact on’’; and tion, establishment, enhancement, or preser- TIES.—Nothing in this subsection limits the (III) by inserting ‘‘without the implemen- vation; use of programmatic approaches to reviews tation of mitigation measures’’ before the ‘‘(C) identify priority areas for aquatic re- under the National Environmental Policy period; and source and fish and wildlife habitat protec- Act of 1969 (42 U.S.C. 4321 et seq.). (ii) by inserting before the last sentence tion or restoration; ‘‘(i) THIRD-PARTY MITIGATION ARRANGE- the following: ‘‘If the Secretary determines ‘‘(D) encompass multiple environmental MENTS.— that mitigation to in-kind conditions is not resources within a defined geographical area ‘‘(1) ELIGIBLE ACTIVITIES.—In accordance possible, the Secretary shall identify in the or focus on a specific resource, such as with all applicable Federal laws (including report the basis for that determination and aquatic resources or wildlife habitat; and regulations), mitigation efforts carried out the mitigation measures that will be imple- ‘‘(E) address impacts from all projects in a under this section may include— mented to meet the requirements of this sec- defined geographical area or focus on a spe- ‘‘(A) participation in mitigation banking tion and the goals of section 307(a)(1) of the cific type of project. or other third-party mitigation arrange- Water Resources Development Act of 1990 (33 ‘‘(5) CONSULTATION.—The scope of the plan ments, such as— U.S.C. 2317(a)(1)).’’; shall be determined by the Secretary or an ‘‘(i) the purchase of credits from commer- (B) in paragraph (2)— entity described in paragraph (3), as appro- cial or State, regional, or local agency-spon- (i) in the heading, by striking ‘‘DESIGN’’ priate, in consultation with the agency with sored mitigation banks; and and inserting ‘‘SELECTION AND DESIGN’’; jurisdiction over the resources being ad- ‘‘(ii) the purchase of credits from in-lieu (ii) by inserting ‘‘select and’’ after ‘‘shall’’; dressed in the environmental mitigation fee mitigation programs; and and plan. ‘‘(B) contributions to statewide and re- (iii) by inserting ‘‘using a watershed ap- ‘‘(6) CONTENTS.—A programmatic environ- gional efforts to conserve, restore, enhance, proach’’ after ‘‘projects’’; and mental mitigation plan may include— and create natural habitats and wetlands if (C) in paragraph (3)— ‘‘(A) an assessment of the condition of en- the Secretary determines that the contribu- (i) in subparagraph (A), by inserting ‘‘, at a vironmental resources in the geographical tions will ensure that the mitigation re- minimum,’’ after ‘‘complies with’’; and area covered by the plan, including an as- quirements of this section and the goals of

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7738 CONGRESSIONAL RECORD — SENATE October 31, 2013 section 307(a)(1) of the Water Resources De- SEC. 2007. INDEPENDENT PEER REVIEW. SEC. 2008. OPERATION AND MAINTENANCE OF velopment Act of 1990 (33 U.S.C. 2317(a)(1)) NAVIGATION AND HYDROELECTRIC (a) TIMING OF PEER REVIEW.—Section will be met. FACILITIES. 2034(b) of the Water Resources Development ‘‘(2) INCLUSION OF OTHER ACTIVITIES.—The (a) IN GENERAL.—Section 314 of the Water Act of 2007 (33 U.S.C. 2343(b)) is amended— banks, programs, and efforts described in Resources Development Act of 1990 (33 U.S.C. (1) by redesignating paragraph (3) as para- paragraph (1) include any banks, programs, 2321) is amended— graph (4); and and efforts developed in accordance with ap- (1) by striking the heading and inserting (2) by inserting after paragraph (2) the fol- plicable law (including regulations). the following: lowing: ‘‘(3) TERMS AND CONDITIONS.—In carrying ‘‘SEC. 314. OPERATION AND MAINTENANCE OF ‘‘(3) REASONS FOR TIMING.—If the Chief of out natural habitat and wetlands mitigation NAVIGATION AND HYDROELECTRIC Engineers does not initiate a peer review for FACILITIES.’’; efforts under this section, contributions to a project study at a time described in para- (2) in the first sentence, by striking ‘‘Ac- the mitigation effort may— graph (2), the Chief shall— tivities currently performed’’ and inserting ‘‘(A) take place concurrent with, or in ad- ‘‘(A) not later than 7 days after the date on the following: vance of, the commitment of funding to a which the Chief of Engineers determines not ‘‘(a) IN GENERAL.—Activities currently per- project; and to initiate a peer review— formed’’; ‘‘(B) occur in advance of project construc- ‘‘(i) notify the Committee on Environment (3) in the second sentence, by striking tion only if the efforts are consistent with and Public Works of the Senate and the ‘‘This section’’ and inserting the following: all applicable requirements of Federal law Committee on Transportation and Infra- ‘‘(b) MAJOR MAINTENANCE CONTRACTS AL- (including regulations) and water resources structure of the House of Representatives of LOWED.—This section’’; development planning processes. that decision; and (4) in subsection (a) (as designated by para- ‘‘(4) PREFERENCE.—At the request of the ‘‘(ii) make publicly available, including on graph (2)), by inserting ‘‘navigation or’’ be- non-Federal project sponsor, preference may the Internet the reasons for not conducting fore ‘‘hydroelectric’’; and be given, to the maximum extent prac- the review; and (5) by adding at the end the following: ticable, to mitigating an environmental im- ‘‘(B) include the reasons for not conducting ‘‘(c) EXCLUSION.—This section shall not— pact through the use of a mitigation bank, the review in the decision document for the ‘‘(1) apply to those navigation facilities in-lieu fee, or other third-party mitigation project study.’’. that have been or are currently under con- arrangement, if the use of credits from the tract with a non-Federal interest to perform mitigation bank or in-lieu fee, or the other (b) ESTABLISHMENT OF PANELS.—Section operations and maintenance as of the date of third-party mitigation arrangement for the 2034(c) of the Water Resources Development enactment of the Water Resources Develop- project has been approved by the applicable Act of 2007 (33 U.S.C. 2343(c)) is amended by ment Act of 2013; and Federal agency. striking paragraph (4) and inserting the fol- ‘‘(2) prohibit the Secretary from con- ‘‘(j) USE OF FUNDS.—The Secretary may lowing: tracting out future commercial activities at use funds made available for preconstruction ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA- those navigation facilities.’’. engineering and design prior to authoriza- TION.—Following the identification of a (b) CLERICAL AMENDMENT.—The table of tion of project construction to satisfy miti- project study for peer review under this sec- contents contained in section 1(b) of the gation requirements through third party tion, but prior to initiation of the review by Water Resources Development Act of 1990 mechanisms or to acquire interests in land the panel of experts, the Chief of Engineers (104 Stat. 4604) is amended by striking the necessary for meeting the mitigation re- shall, not later than 7 days after the date on item relating to section 314 and inserting the quirements of this section.’’. which the Chief of Engineers determines to following: (b) APPLICATION.—The amendments made conduct a review— ‘‘Sec. 314. Operation and maintenance of by subsection (a) shall not apply to a project ‘‘(A) notify the Committee on Environ- navigation and hydroelectric for which a mitigation plan has been comment and Public Works of the Senate and facilities.’’. pleted as of the date of enactment of this the Committee on Transportation and Infra- SEC. 2009. HYDROPOWER AT CORPS OF ENGI- Act. structure of the House of Representatives of NEERS FACILITIES. (c) TECHNICAL ASSISTANCE.— the review; and (a) FINDINGS.—Congress finds that— (1) IN GENERAL.—The Secretary may pro- ‘‘(B) make publicly available, including on (1) in April 2012, the Oak Ridge National vide technical assistance to States and local the Internet, information on— Laboratory of the Department of Energy (re- governments to establish third-party mitiga- ‘‘(i) the dates scheduled for beginning and ferred to in this section as the ‘‘Oak Ridge tion instruments, including mitigation ending the review; Lab’’) released a report finding that adding banks and in-lieu fee programs, that will ‘‘(ii) the entity that has the contract for hydroelectric power to the non-powered help to target mitigation payments to high- the review; and dams of the United States has the potential priority ecosystem restoration actions. ‘‘(iii) the names and qualifications of the to add more than 12 gigawatts of new gener- (2) REQUIREMENTS.—In providing technical panel of experts.’’. ating capacity; assistance under this subsection, the Sec- (c) RECOMMENDATIONS OF PANEL.—Section (2) the top 10 non-powered dams identified retary shall give priority to States and local 2034(f) of the Water Resources Development by the Oak Ridge Lab as having the highest governments that have developed State, re- hydroelectric power potential could alone gional, or watershed-based plans identifying Act of 2007 (33 U.S.C. 2343(f)) is amended by striking paragraph (2) and inserting the fol- supply 3 gigawatts of generating capacity; priority restoration actions. (3) of the 50 non-powered dams identified lowing: (3) MITIGATION INSTRUMENTS.—The Sec- by the Oak Ridge Lab as having the highest ‘‘(2) PUBLIC AVAILABILITY AND SUBMISSION retary shall seek to ensure any technical as- hydroelectric power potential, 48 are Corps TO CONGRESS.—After receiving a report on a sistance provided under this subsection will of Engineers civil works projects; project study from a panel of experts under support the establishment of mitigation in- (4) promoting non-Federal hydroelectric this section, the Chief of Engineers shall struments that will result in restoration of power at Corps of Engineers civil works make available to the public, including on high-priority areas identified in the plans projects increases the taxpayer benefit of the Internet, and submit to the Committee under paragraph (2). those projects; on Environment and Public Works of the SEC. 2006. MITIGATION STATUS REPORT. (5) the development of non-Federal hydro- Senate and the Committee on Transpor- Section 2036(b) of the Water Resources De- electric power at Corps of Engineers civil tation and Infrastructure of the House of velopment Act of 2007 (33 U.S.C. 2283a) is works projects— Representatives— amended— (A) can be accomplished in a manner that ‘‘(A) a copy of the report not later than 7 (1) by redesignating paragraph (3) as para- is consistent with authorized project pur- days after the date on which the report is de- graph (4); and poses and the responsibilities of the Corps of livered to the Chief of Engineers; and (2) by inserting after paragraph (2) the fol- Engineers to protect the environment; and ‘‘(B) a copy of any written response of the lowing: (B) in many instances, may have addi- Chief of Engineers on recommendations con- ‘‘(3) INFORMATION INCLUDED.—In reporting tional environmental benefits; and tained in the report not later than 3 days the status of all projects included in the re- (6) the development of non-Federal hydro- after the date on which the response is deliv- port, the Secretary shall— electric power at Corps of Engineers civil ered to the Chief of Engineers. ‘‘(A) use a uniform methodology for deter- works projects could be promoted through— ‘‘(3) INCLUSION IN PROJECT STUDY.—A report mining the status of all projects included in (A) clear and consistent lines of responsi- on a project study from a panel of experts the report; bility and authority within and across Corps under this section and the written response ‘‘(B) use a methodology that describes both of Engineers districts and divisions on hy- of the Chief of Engineers shall be included in a qualitative and quantitative status for all droelectric power development activities; the final decision document for the project projects in the report; and (B) consistent and corresponding processes study.’’. ‘‘(C) provide specific dates for and partici- for reviewing and approving hydroelectric pants in the consultations required under (d) APPLICABILITY.—Section 2034(h)(2) of power development; and section 906(d)(4)(B) of the Water Resources the Water Resources Development Act of (C) developing a means by which non-Fed- Development Act of 1986 (33 U.S.C. 2007 (33 U.S.C. 2343(h)(2)) is amended by strik- eral hydroelectric power developers and 2283(d)(4)(B)).’’. ing ‘‘7 years’’ and inserting ‘‘12 years’’. stakeholders can resolve disputes with the

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7739 Corps of Engineers concerning hydroelectric out the amendments made by subsection SEC. 2012. CREDIT FOR IN-KIND CONTRIBUTIONS. power development activities at Corps of En- (a)(3). (a) IN GENERAL.—Section 221(a)(4) of the gineers civil works projects. (c) EFFECTIVE DATE.—The amendments Flood Control Act of 1970 (42 U.S.C. 1962d– (b) POLICY.—Congress declares that it is made by subsection (a) take effect on No- 5b(a)(4)) is amended— the policy of the United States that— vember 8, 2007. (1) in subparagraph (A), in the matter pre- (1) the development of non-Federal hydro- SEC. 2011. TRANSFER OF EXCESS WORK-IN-KIND ceding clause (i) by inserting ‘‘or a project electric power at Corps of Engineers civil CREDIT. under an environmental infrastructure as- (a) IN GENERAL.—Subject to subsection (b), works projects, including locks and dams, sistance program’’ after ‘‘law’’; the Secretary may apply credit for in-kind shall be given priority; (2) in subparagraph (C), by striking ‘‘In any contributions provided by a non-Federal in- (2) Corps of Engineers approval of non-Fed- case’’ and all that follows through the period terest that is in excess of the required non- eral hydroelectric power at Corps of Engi- at the end and inserting the following: Federal cost-share for a water resources neers civil works projects, including permit- ‘‘(i) CONSTRUCTION.— study or project toward the required non- ting required under section 14 of the Act of ‘‘(I) IN GENERAL.—In any case in which the Federal cost-share for a different water re- March 3, 1899 (33 U.S.C. 408), shall be com- non-Federal interest is to receive credit pleted by the Corps of Engineers in a timely sources study or project. (b) RESTRICTIONS.— under subparagraph (A) for the cost of con- and consistent manner; and struction carried out by the non-Federal in- (3) approval of hydropower at Corps of En- (1) IN GENERAL.—Except for subsection (a)(4)(D)(i) of that section, the requirements terest before execution of a partnership gineers civil works projects shall in no way agreement and that construction has not diminish the other priorities and missions of of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b) (as amended by section been carried out as of the date of enactment the Corps of Engineers, including authorized of this subparagraph, the Secretary and the project purposes and habitat and environ- 2012 of this Act) shall apply to any credit under this section. non-Federal interest shall enter into an mental protection. agreement under which the non-Federal in- (c) REPORT.—Not later than 1 year after (2) CONDITIONS.—Credit in excess of the terest shall carry out such work prior to the the date of enactment of this Act and each non-Federal cost-share for a study or project non-Federal interest initiating construction year thereafter, the Secretary shall submit may be approved under this section only if— or issuing a written notice to proceed for the to the Committee on Environment and Pub- (A) the non-Federal interest submits a construction. lic Works of the Senate and the Committee comprehensive plan to the Secretary that ‘‘(II) ELIGIBILITY.—Construction that is on Transportation and Infrastructure of the identifies— carried out after the execution of an agree- House of Representatives a report that, at a (i) the studies and projects for which the ment to carry out work described in sub- minimum, shall include— non-Federal interest intends to provide in- clause (I) and any design activities that are (1) a description of initiatives carried out kind contributions for credit that is in ex- required for that construction, even if the by the Secretary to encourage the develop- cess of the non-Federal cost share for the design activity is carried out prior to the ment of hydroelectric power by non-Federal study or project; and execution of the agreement to carry out entities at Corps of Engineers civil works (ii) the studies and projects to which that work, shall be eligible for credit. projects; excess credit would be applied; ‘‘(ii) PLANNING.— (2) a list of all new hydroelectric power ac- (B) the Secretary approves the comprehen- ‘‘(I) IN GENERAL.—In any case in which the tivities by non-Federal entities approved at sive plan; and non-Federal interest is to receive credit Corps of Engineers civil works projects in (C) the total amount of credit does not ex- under subparagraph (A) for the cost of plan- that fiscal year, including the length of time ceed the total non-Federal cost-share for the ning carried out by the non-Federal interest the Secretary needed to approve those ac- studies and projects in the approved com- before execution of a feasibility cost sharing tivities; prehensive plan. agreement, the Secretary and the non-Fed- (3) a description of the status of each pend- (c) ADDITIONAL CRITERIA.—In evaluating a eral interest shall enter into an agreement ing application from non-Federal entities for request to apply credit in excess of the non- under which the non-Federal interest shall approval to develop hydroelectric power at Federal cost-share for a study or project to- carry out such work prior to the non-Federal Corps of Engineers civil works projects; ward a different study or project, the Sec- interest initiating that planning. (4) a description of any benefits or impacts retary shall consider whether applying that ‘‘(II) ELIGIBILITY.—Planning that is carried to the environment, recreation, or other uses credit will— out by the non-Federal interest after the associated with Corps of Engineers civil (1) help to expedite the completion of a execution of an agreement to carry out work works projects at which non-Federal entities project or group of projects; described in subclause (I) shall be eligible for have developed hydroelectric power in the (2) reduce costs to the Federal Govern- credit.’’; previous fiscal year; and ment; and (3) in subparagraph (D)(iii), by striking (5) the total annual amount of payments or (3) aid the completion of a project that pro- ‘‘sections 101 and 103’’ and inserting ‘‘sec- other services provided to the Corps of Engi- vides significant flood risk reduction or envi- tions 101(a)(2) and 103(a)(1)(A) of the Water neers, the Treasury, and any other Federal ronmental benefits. Resources Development Act of 1986 (33 U.S.C. agency as a result of approved non-Federal (d) TERMINATION OF AUTHORITY.—The au- 2211(a)(2); 33 U.S.C. 2213(a)(1)(A))’’; hydropower projects at Corps of Engineers thority provided in this section shall termi- (4) by redesignating subparagraph (E) as civil works projects. nate 10 years after the date of enactment of this Act. subparagraph (H); SEC. 2010. CLARIFICATION OF WORK-IN-KIND EPORT CREDIT AUTHORITY. (e) R .— (5) by inserting after subparagraph (D) the (1) DEADLINES.— following: (a) NON-FEDERAL COST SHARE.—Section 7007 of the Water Resources Development (A) IN GENERAL.—Not later than 2 years ‘‘(E) ANALYSIS OF COSTS AND BENEFITS.—In Act of 2007 (121 Stat. 1277) is amended— after the date of enactment of this Act, and the evaluation of the costs and benefits of a (1) in subsection (a)— once every 2 years thereafter, the Secretary project, the Secretary shall not consider con- (A) by inserting ‘‘, on, or after’’ after ‘‘be- shall submit to the Committee on Environ- struction carried out by a non-Federal inter- fore’’; and ment and Public Works of the Senate and est under this subsection as part of the fu- (B) by inserting ‘‘, program,’’ after ‘‘study’’ the Committee on Transportation and Infra- ture without project condition. each place it appears; structure of the House of Representatives an ‘‘(F) TRANSFER OF CREDIT BETWEEN SEPA- (2) in subsections (b) and (e)(1), by insert- interim report on the use of the authority RABLE ELEMENTS OF A PROJECT.—Credit for ing ‘‘, program,’’ after ‘‘study’’ each place it under this section. in-kind contributions provided by a non-Fed- appears; and (B) FINAL REPORT.—Not later than 10 years eral interest that are in excess of the non- (3) by striking subsection (d) and inserting after the date of enactment of this Act, the Federal cost share for an authorized sepa- the following: Secretary shall submit to the Committee on rable element of a project may be applied to- ‘‘(d) TREATMENT OF CREDIT BETWEEN Environment and Public Works of the Senate ward the non-Federal cost share for a dif- PROJECTS.—The value of any land, ease- and the Committee on Transportation and ferent authorized separable element of the ments, rights-of-way, relocations, and Infrastructure of the House of Representa- same project. dredged material disposal areas and the costs tives a final report on the use of the author- ‘‘(G) APPLICATION OF CREDIT.—To the ex- of planning, design, and construction work ity under this section. tent that credit for in-kind contributions, as provided by the non-Federal interest that ex- (2) INCLUSIONS.—The reports described in limited by subparagraph (D), and credit for ceed the non-Federal cost share for a study, paragraph (1) shall include— required land, easements, rights-of-way, program, or project under this title may be (A) a description of the use of the author- dredged material disposal areas, and reloca- applied toward the non-Federal cost share ity under this section during the reporting tions provided by the non-Federal interest for any other study, program, or project car- period; exceed the non-Federal share of the cost of ried out under this title.’’. (B) an assessment of the impact of the au- construction of a project other than a navi- (b) IMPLEMENTATION.—Not later than 90 thority under this section on the time re- gation project, the Secretary shall reimburse days after the date of enactment of this Act, quired to complete projects; and the difference to the non-Federal interest, the Secretary, in coordination with any rel- (C) an assessment of the impact of the au- subject to the availability of funds.’’; and evant agencies of the State of Louisiana, thority under this section on other water re- (6) in subparagraph (H) (as redesignated by shall establish a process by which to carry sources projects. paragraph (4))—

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(A) in clause (i), by inserting ‘‘, and to reimbursing a non-Federal interest the (c) POLICIES, REGULATIONS, AND GUID- water resources projects authorized prior to amount equal to the estimated Federal share ANCE.—The Secretary shall carry out a re- the date of enactment of the Water Re- of the cost of an authorized flood damage review of, and as necessary modify, the poli- sources Development Act of 1986 (Public Law duction project or a separable element of an cies, regulations, and guidance of the Sec- 99–662), if correction of design deficiencies is authorized flood damage reduction project retary to carry out the activities described necessary’’ before the period at the end; and under this subsection that has been con- in subsection (b). (B) by striking clause (ii) and inserting the structed by the non-Federal interest under (d) COORDINATION.— following: this section as of the date of enactment of (1) IN GENERAL.—The Secretary shall— ‘‘(ii) AUTHORIZATION IN ADDITION TO SPE- this Act, the Secretary may provide the non- (A) coordinate all planning and activities CIFIC CREDIT PROVISION.—In any case in which Federal interest with a credit in that carried out under this section with appro- a specific provision of law authorizes credit amount, which the non-Federal interest may priate Federal, State, and local agencies and for in-kind contributions provided by a non- apply to the share of the cost of the non-Fed- those public and private entities that the Federal interest before the date of execution eral interest of carrying out other flood dam- Secretary determines may be affected by of a partnership agreement, the Secretary age reduction projects or studies.’’. those plans or activities; and may apply the authority provided in this SEC. 2014. DAM OPTIMIZATION. (B) give priority to planning and activities paragraph to allow credit for in-kind con- (a) DEFINITION OF OTHER RELATED PROJECT under this section if the Secretary deter- tributions provided by the non-Federal inter- BENEFITS.—In this section, the term ‘‘other mines that— est on or after the date of execution of the related project benefits’’ includes— (i) the greatest opportunities exist for partnership agreement.’’. (1) environmental protection and restora- achieving the objectives of the program, as (b) APPLICABILITY.—Section 2003(e) of the tion, including restoration of water quality specified in subsection (b)(1), and Water Resources Development Act of 2007 (42 and water flows, improving movement of fish (ii) the coordination activities under this U.S.C. 1962d–5b) is amended— and other aquatic species, and restoration of subsection indicate that there is support for (1) by inserting ‘‘, or construction of design floodplains, wetlands, and estuaries; carrying out those planning and activities. deficiency corrections on the project,’’ after (2) increased water supply storage (except (2) NON-FEDERAL INTERESTS.—Prior to car- ‘‘construction on the project’’; and for any project in the Apalachicola-Chat- rying out an activity under this section, the (2) by inserting ‘‘, or under which construc- tahoochee-Flint River system and the Ala- Secretary shall consult with any applicable tion of the project has not been completed bama-Coosa-Tallapoosa River system); non-Federal interest of the affected dam or and the work to be performed by the non- (3) increased hydropower generation; related infrastructure. Federal interests has not been carried out (4) reduced flood risk; (e) REPORTS.— and is creditable only toward any remaining (5) additional navigation; and (1) IN GENERAL.—Not later than 2 years non-Federal cost share,’’ after ‘‘has not been (6) improved recreation. initiated’’. after the date of enactment of this Act and (b) PROGRAM.— every 2 years thereafter, the Secretary shall (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—The Secretary may carry made by subsections (a) and (b) take effect submit to Congress a report describing the out activities— actions carried out under this section. on November 8, 2007. (A) to improve the efficiency of the oper- (2) INCLUSIONS.—Each report under para- (d) GUIDELINES.— ations and maintenance of dams and related graph (1) shall include— (1) IN GENERAL.—Not later than 1 year after infrastructure operated by the Corps of Engi- (A) a schedule for reviewing the operations the date of enactment of this Act, the Sec- neers; and retary shall update any guidance or regula- of individual projects; and (B) to maximize, to the extent prac- (B) any recommendations of the Secretary tions for carrying out section 221(a)(4) of the ticable— Flood Control Act of 1970 (42 U.S.C. 1962d– on changes that the Secretary determines to (i) authorized project purposes; and be necessary— 5b(a)(4)) (as amended by subsection (a)) that (ii) other related project benefits. are in existence on the date of enactment of (i) to carry out existing project authoriza- (2) ELIGIBLE ACTIVITIES.—An eligible activ- tions, including the deauthorization of any this Act or issue new guidelines, as deter- ity under this section is any activity that mined to be appropriate by the Secretary. water resource project that the Secretary de- the Secretary would otherwise be authorized termines could more effectively be achieved (2) INCLUSIONS.—Any guidance, regulations, to carry out that is designed to provide other through other means; or guidelines updated or issued under para- related project benefits in a manner that graph (1) shall include, at a minimum— (ii) to improve the efficiency of water re- does not adversely impact the authorized source project operations; and (A) the milestone for executing an in-kind purposes of the project. memorandum of understanding for construc- (iii) to maximize authorized project pur- (3) IMPACT ON AUTHORIZED PURPOSES.—An poses and other related project benefits. tion by a non-Federal interest; activity carried out under this section shall (3) UPDATED REPORT.— (B) criteria and procedures for evaluating a not adversely impact any of the authorized request to execute an in-kind memorandum (A) IN GENERAL.—Not later than 2 years purposes of the project. after the date of enactment of this Act, the of understanding for construction by a non- (4) EFFECT.— Federal interest that is earlier than the Secretary shall update the report entitled (A) EXISTING AGREEMENTS.—Nothing in this ‘‘Authorized and Operating Purposes of milestone under subparagraph (A) for that section— execution; and Corps of Engineers Reservoirs’’ and dated (i) supersedes or modifies any written July 1992, which was produced pursuant to (C) criteria and procedures for determining agreement between the Federal Government whether work carried out by a non-Federal section 311 of the Water Resources Develop- and a non-Federal interest that is in effect ment Act of 1990 (104 Stat. 4639). interest is integral to a project. on the date of enactment of this Act; or (B) INCLUSIONS.—The updated report de- (3) PUBLIC AND STAKEHOLDER PARTICIPA- (ii) supersedes or authorizes any amend- scribed in subparagraph (A) shall include— TION.—Before issuing any new or revised ment to a multistate water-control plan, in- (i) the date on which the most recent re- guidance, regulations, or guidelines or any cluding the Missouri River Master Water subsequent updates to those documents, the view of project operations was conducted and Control Manual (as in effect on the date of any recommendations of the Secretary relat- Secretary shall— enactment of this Act). (A) consult with affected non-Federal in- ing to that review the Secretary determines (B) WATER RIGHTS.—Nothing in this sec- to be significant; and terests; tion— (B) publish the proposed guidelines devel- (ii) the dates on which the recommenda- (i) affects any water right in existence on tions described in clause (i) were carried out. oped under this subsection in the Federal the date of enactment of this Act; Register; and (ii) preempts or affects any State water (f) FUNDING.— (C) provide the public with an opportunity law or interstate compact governing water; (1) IN GENERAL.—The Secretary may use to to comment on the proposed guidelines. or carry out this section amounts made avail- (e) OTHER CREDIT.—Nothing in section (iii) affects any authority of a State, as in able to the Secretary from— 221(a)(4) of the Flood Control Act of 1970 (42 effect on the date of enactment of this Act, (A) the general purposes and expenses ac- U.S.C. 1962d–5b(a)(4)) (as amended by sub- to manage water resources within that count; section (a)) affects any eligibility for credit State. (B) the operations and maintenance ac- under section 104 of the Water Resources De- (5) OTHER LAWS.— count; and velopment of 1986 (33 U.S.C. 2214) that was (A) IN GENERAL.—An activity carried out (C) any other amounts that are appro- approved by the Secretary prior to the date under this section shall comply with all priated to carry out this section. of enactment of this Act. other applicable laws (including regula- (2) FUNDING FROM OTHER SOURCES.—The SEC. 2013. CREDIT IN LIEU OF REIMBURSEMENT. tions). Secretary may accept and expend amounts Section 211(e)(2) of the Water Resources (B) WATER SUPPLY.—Any activity carried from non-Federal entities and other Federal Development Act of 1996 (33 U.S.C. 701b– out under this section that results in any agencies to carry out this section. 13(e)(2)) is amended by adding at the end the modification to water supply storage alloca- (g) COOPERATIVE AGREEMENTS.—The Sec- following: tions at a reservoir operated by the Sec- retary may enter into cooperative agree- ‘‘(C) STUDIES OR OTHER PROJECTS.—On the retary shall comply with section 301 of the ments with other Federal agencies and non- request of a non-Federal interest, in lieu of Water Supply Act of 1958 (43 U.S.C. 390b). Federal entities to carry out this section.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7741 SEC. 2015. WATER SUPPLY. (2) determines that the measures are— relating to levee vegetation is appropriate Section 301 of the Water Supply Act of 1958 (A) feasible; for all regions of the United States. (43 U.S.C. 390b) is amended by adding at the (B) consistent with authorized project pur- (c) FACTORS.— end the following: poses and the fish hatchery; and (1) IN GENERAL.—In carrying out the re- ‘‘(e) The Committees of jurisdiction are (C) in the public interest. view, the Secretary shall consider— very concerned about the operation of (b) COST SHARING.— (A) the varied interests and responsibilities projects in the Apalachicola-Chattahoochee- (1) IN GENERAL.—Subject to paragraph (2), in managing flood risks, including the need— Flint River System and the Alabama-Coosa- the non-Federal interest shall contribute 35 (i) to provide for levee safety with limited Tallapoosa River System, and further, the percent of the total cost of carrying out ac- resources; and Committees of jurisdiction recognize that tivities under this section, including the (ii) to ensure that levee safety investments this ongoing water resources dispute raises costs relating to the provision or acquisition minimize environmental impacts and pro- serious concerns related to the authority of of required land, easements, rights-of-way, vide corresponding public safety benefits; the Secretary of the Army to allocate sub- dredged material disposal areas, and reloca- (B) the levee safety benefits that can be stantial storage at projects to provide local tions. provided by woody vegetation; water supply pursuant to the Water Supply (2) OPERATION AND MAINTENANCE.—The non- (C) the preservation, protection, and en- Act of 1958 absent congressional approval. Federal interest shall contribute 100 percent hancement of natural resources, including— Interstate water disputes of this nature are of the costs of operation, maintenance, re- (i) the benefit of vegetation on levees in more properly addressed through interstate placement, repair, and rehabilitation of a providing habitat for endangered, threat- water agreements that take into consider- project constructed under this section. ened, and candidate species; and ation the concerns of all affected States in- (c) AUTHORIZATION OF APPROPRIATIONS.— (ii) the impact of removing levee vegeta- cluding impacts to other authorized uses of For each fiscal year, there is authorized to tion on compliance with other regulatory re- the projects, water supply for communities be appropriated to carry out this section quirements; and major cities in the region, water quality, $30,000,000. (D) protecting the rights of Indian tribes freshwater flows to communities, rivers, pursuant to treaties and statutes; SEC. 2018. CONSIDERATION OF FEDERAL LAND IN lakes, estuaries, and bays located down- FEASIBILITY STUDIES. (E) the available science and the historical stream of projects, agricultural uses, eco- At the request of the non-Federal interest, record regarding the link between vegetation nomic development, and other appropriate the Secretary shall include as part of a re- on levees and flood risk; concerns. To that end, the Committees of ju- gional or watershed study any Federal land (F) the avoidance of actions requiring sig- risdiction strongly urge the Governors of the that is located within the geographic scope nificant economic costs and environmental affected States to reach agreement on an of that study. impacts; and interstate water compact as soon as possible, (G) other factors relating to the factors de- and we pledge our commitment to work with SEC. 2019. PLANNING ASSISTANCE TO STATES. scribed in subparagraphs (A) through (F) the affected States to ensure prompt consid- Section 22 of the Water Resources Develop- identified in public comments that the Sec- eration and approval of any such agreement. ment Act of 1974 (42 U.S.C. 1962d–16) is retary determines to be appropriate. amended— Absent such action, the Committees of juris- (2) VARIANCE CONSIDERATIONS.— (1) in subsection (a)— diction should consider appropriate legisla- (A) IN GENERAL.—In carrying out the re- tion to address these matters including any (A) in paragraph (1)— view, the Secretary shall specifically con- necessary clarifications to the Water Supply (i) by inserting ‘‘or other stakeholder sider whether the national guidelines can be Act of 1958 or other law. This subsection does working with a State’’ after ‘‘cooperate with amended to promote and allow for consider- not alter existing rights or obligations under any State’’; and ation of variances from national guidelines law.’’. (ii) by inserting ‘‘, including plans to com- on a Statewide, tribal, regional, or water- prehensively address water resources chal- SEC. 2016. REPORT ON WATER STORAGE PRICING shed basis, including variances based on— FORMULAS. lenges,’’ after ‘‘of such State’’; and (i) soil conditions; (a) FINDINGS.—Congress finds that— (B) in paragraph (2)(A), by striking ‘‘, at (ii) hydrologic factors; (1) due to the ongoing drought in many Federal expense,’’; (iii) vegetation patterns and characteris- parts of the United States, communities are (2) in subsection (b)— tics; looking for ways to enhance their water (A) in paragraph (1), by striking ‘‘sub- (iv) environmental resources, including en- storage on Corps of Engineer reservoirs so as section (a)(1)’’ each place it appears and in- dangered, threatened, or candidate species to maintain a reliable supply of water into serting ‘‘subsection (a)’’; and related regulatory requirements; the foreseeable future; (B) by redesignating paragraphs (2) and (3) (v) levee performance history, including (2) water storage pricing formulas should as paragraphs (3) and (4), respectively; and historical information on original construc- be equitable and not create disparities be- (C) by inserting after paragraph (1) the fol- tion and subsequent operation and mainte- tween users; and lowing: nance activities; (3) water pricing formulas should not be ‘‘(2) CONTRIBUTED FUNDS.—The Secretary (vi) any effects on water supply; cost-prohibitive for communities. may accept and expend funds in excess of the (vii) any scientific evidence on the link be- (b) ASSESSMENT.— fees established under paragraph (1) that are tween levee vegetation and levee safety; (1) IN GENERAL.—Not later than 180 days provided by a State or other non-Federal (viii) institutional considerations, includ- after the date of enactment of this Act, the public body for assistance under this sec- ing implementation challenges; Comptroller General of the United States tion.’’ ; and (ix) the availability of limited funds for shall initiate an assessment of the water (3) in subsection (c)— levee construction and rehabilitation; storage pricing formulas of the Corps of En- (A) in paragraph (1)— (x) the economic and environmental costs gineers, which shall include an assessment (i) by striking ‘‘$10,000,000’’ and inserting of removing woody vegetation on levees; and of— ‘‘$30,000,000’’; and (xi) other relevant factors identified in (A) existing water storage pricing formulas (ii) by striking ‘‘$2,000,000’’ and inserting public comments that the Secretary deter- of the Corps of Engineers, in particular ‘‘$5,000,000 in Federal funds’’; and mines to be appropriate. whether those formulas produce water stor- (B) in paragraph (2), by striking (B) SCOPE.—The scope of a variance ap- age costs for some beneficiaries that are ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’. proved by the Secretary may include a com- greatly disparate from the costs of other SEC. 2020. VEGETATION MANAGEMENT POLICY. plete exemption to national guidelines, as beneficiaries; and (a) DEFINITION OF NATIONAL GUIDELINES.— the Secretary determines to be necessary. (B) whether equitable water storage pric- In this section, the term ‘‘national guide- (d) COOPERATION AND CONSULTATION; REC- ing formulas could lessen the disparate im- lines’’ means the Corps of Engineers policy OMMENDATIONS.— pact and produce more affordable water stor- guidelines for management of vegetation on (1) IN GENERAL.—The Secretary shall carry age for potential beneficiaries. levees, including— out the review under this section in con- (2) REPORT.—The Comptroller General of (1) Engineering Technical Letter 1110–2–571 sultation with other applicable Federal the United States shall submit to Congress a entitled ‘‘Guidelines for Landscape Planting agencies, representatives of State, regional, report on the assessment carried out under and Vegetation Management at Levees, local, and tribal governments, appropriate paragraph (1). Floodwalls, Embankment Dams, and Appur- nongovernmental organizations, and the SEC. 2017. CLARIFICATION OF PREVIOUSLY AU- tenant Structures’’ and adopted April 10, public. THORIZED WORK. 2009; and (2) RECOMMENDATIONS.—The Chief of Engi- (a) IN GENERAL.—The Secretary may carry (2) the draft policy guidance letter entitled neers and any State, tribal, regional, or local out measures to improve fish species habitat ‘‘Process for Requesting a Variance from entity may submit to the Secretary any rec- within the footprint and downstream of a Vegetation Standards for Levees and ommendations for vegetation management water resources project constructed by the Floodwalls’’ (77 Fed. Reg. 9637 (Feb. 17, 2012)). policies for levees that conform with Federal Secretary that includes a fish hatchery if the (b) REVIEW.—Not later than 180 days after and State laws, including recommendations Secretary— the date of enactment of this Act, the Sec- relating to the review of national guidelines (1) has been explicitly authorized to com- retary shall carry out a comprehensive re- under subsection (b) and the consideration of pensate for fish losses associated with the view of the national guidelines in order to variances under subsection (c)(2). project; and determine whether current Federal policy (e) PEER REVIEW.—

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(1) IN GENERAL.—As part of the review, the outcome was affected by the former national (c) OPERATIONS AND MAINTENANCE.—The Secretary shall solicit and consider the guidelines. non-Federal share of the cost of operations, views of the National Academy of Engineer- SEC. 2021. LEVEE CERTIFICATIONS. maintenance, repair, replacement, and reha- ing and the National Academy of Sciences on (a) IMPLEMENTATION OF FLOOD PROTECTION bilitation for a project carried out under this the engineering, environmental, and institu- STRUCTURE ACCREDITATION TASK FORCE.—In section shall be 100 percent. tional considerations underlying the na- carrying out section 100226 of the Biggert- (d) ELIGIBILITY OF PROJECTS TRANSFERRED tional guidelines, including the factors de- Waters Flood Insurance Reform Act of 2012 TO NON-FEDERAL INTEREST.—The Secretary scribed in subsection (c) and any information (42 U.S.C. 4101 note; 126 Stat. 942), the Sec- may carry out measures described in sub- obtained by the Secretary under subsection retary shall— section (a) on a water resources project, sep- (d). (1) ensure that at least 1 program activity arable element of a project, or functional (2) AVAILABILITY OF VIEWS.—The views of carried out under the inspection of com- component of a project that has been trans- the National Academy of Engineering and pleted works program of the Corps of Engi- ferred to the non-Federal interest. the National Academy of Sciences obtained neers provides adequate information to the (e) REPORT TO CONGRESS.—Not later than 8 under paragraph (1) shall be— Secretary to reach a levee accreditation de- years after the date of enactment of this (A) made available to the public; and cision for each requirement under section Act, the Secretary shall submit to the Com- (B) included in supporting materials issued 65.10 of title 44, Code of Federal Regulations mittee on Environment and Public Works of in connection with the revised national (or successor regulation); and the Senate and the Committee on Transpor- guidelines required under subsection (f). (2) to the maximum extent practicable, tation and Infrastructure of the House of (f) REVISION OF NATIONAL GUIDELINES.— carry out activities under the inspection of Representatives a report on the implementa- (1) IN GENERAL.—Not later than 2 years completed works program of the Corps of En- tion of this section, including— after the date of enactment of this Act, the gineers in alignment with the schedule es- (1) any recommendations relating to the Secretary shall— tablished for the national flood insurance continued need for the authority provided in (A) revise the national guidelines based on program established under chapter 1 of the this section; the results of the review, including— National Flood Insurance Act of 1968 (42 (2) a description of the measures carried (i) recommendations received as part of U.S.C. 4011 et seq.). out under this section; the consultation described in subsection (b) ACCELERATED LEVEE SYSTEM EVALUA- (3) any lessons learned relating to the (d)(1); and TIONS AND CERTIFICATIONS.— measures implemented under this section; (ii) the results of the peer review con- (1) IN GENERAL.—On receipt of a request and ducted under subsection (e); and from a non-Federal interest, the Secretary (4) best practices for carrying out measures (B) submit to Congress a report that con- may carry out a levee system evaluation and to restore flood and hurricane and storm tains a summary of the activities of the Sec- certification of a federally authorized levee damage reduction projects. retary and a description of the findings of for purposes of the national flood insurance (f) TERMINATION OF AUTHORITY.—The au- the Secretary under this section. program established under chapter 1 of the thority to carry out a measure under this (2) CONTENT; INCORPORATION INTO MANUAL.— National Flood Insurance Act of 1968 (42 section terminates on the date that is 10 The revised national guidelines shall— U.S.C. 4011 et seq.) if the evaluation and cer- years after the date of enactment of this (A) provide a practical, flexible process for tification will be carried out earlier than Act. approving Statewide, tribal, regional, or wa- such an evaluation and certification would (g) AUTHORIZATION OF APPROPRIATIONS.— tershed variances from the national guide- be carried out under subsection (a). There is authorized to be appropriated to the Secretary to carry out this section lines that— (2) REQUIREMENTS.—A levee system evalua- (i) reflect due consideration of the factors tion and certification under paragraph (1) $250,000,000. described in subsection (c); and shall— SEC. 2023. OPERATION AND MAINTENANCE OF CERTAIN PROJECTS. (ii) incorporate State, tribal, and regional (A) at a minimum, comply with section The Secretary may assume operation and vegetation management guidelines for spe- 65.10 of title 44, Code of Federal Regulations maintenance activities for a navigation cific areas that have been adopted through a (as in effect on the date of enactment of this channel that is deepened by a non-Federal formal public process; and Act); and interest prior to December 31, 2012, if— (B) be incorporated into the manual pro- (B) be carried out in accordance with such (1) the Secretary determines that the re- posed under section 5(c) of the Act entitled procedures as the Secretary, in consultation quirements under paragraphs (2) and (3) of ‘‘An Act authorizing the construction of cer- with the Director of the Federal Emergency section 204(f) of the Water Resources Devel- tain public works on rivers and harbors for Management Agency, may establish. opment Act of 1986 (33 U.S.C. 2232(f)) are met; flood control, and for other purposes’’, ap- (3) COST SHARING.— (2) the Secretary determines that the ac- proved August 18, 1941 (33 U.S.C. 701n(c)). (A) NON-FEDERAL SHARE.—Subject to sub- tivities carried out by the non-Federal inter- (3) FAILURE TO MEET DEADLINES.—If the paragraph (B), the non-Federal share of the est in deepening the navigation channel are Secretary fails to submit a report by the re- cost of carrying out a levee system evalua- economically justified and environmentally quired deadline under this subsection, the tion and certification under this subsection acceptable; and Secretary shall submit to the Committee on shall be 35 percent. (3) the deepening activities have been car- Environment and Public Works of the Senate (B) ADJUSTMENT.—The Secretary shall ad- ried out on a Federal navigation channel and the Committee on Transportation and just the non-Federal share of the cost of car- that— Infrastructure of the House of Representa- rying out a levee system evaluation and cer- (A) exists as of the date of enactment of tives a detailed explanation of— tification under this subsection in accord- this Act; and (A) why the deadline was missed; ance with section 103(m) of the Water Re- (B) has been authorized by Congress. (B) solutions needed to meet the deadline; sources Development Act of 1986 (33 U.S.C. and 2213(m)). SEC. 2024. DREDGING STUDY. (a) IN GENERAL.—The Secretary, in con- (C) a projected date for submission of the (4) APPLICATION.—Nothing in this sub- junction with other relevant Federal agen- report. section affects the requirement under sec- cies and applicable non-Federal interests, (g) CONTINUATION OF WORK.—Concurrent tion 100226(b)(2) of the Biggert-Waters Flood shall carry out a study— with the completion of the requirements of Insurance Reform Act of 2012 (42 U.S.C. 4101 (1) to compare domestic and international this section, the Secretary shall proceed note; 126 Stat. 942). without interruption or delay with those on- dredging markets, including costs, tech- SEC. 2022. RESTORATION OF FLOOD AND HURRI- going or programmed projects and studies, or CANE STORM DAMAGE REDUCTION nologies, and management approaches used elements of projects or studies, that are not PROJECTS. in each respective market, and determine directly related to vegetation variance pol- (a) IN GENERAL.—The Secretary shall carry the impacts of those markets on dredging icy. out any measures necessary to repair or re- needs and practices in the United States; (h) INTERIM ACTIONS.— store federally authorized flood and hurri- (2) to analyze past and existing practices, (1) IN GENERAL.—Until the date on which cane and storm damage reduction projects technologies, and management approaches revisions to the national guidelines are constructed by the Corps of Engineers to au- used in dredging in the United States; and adopted in accordance with subsection (f), thorized levels (as of the date of enactment (3) to develop recommendations relating to the Secretary shall not require the removal of this Act) of protection for reasons includ- the best techniques, practices, and manage- of existing vegetation as a condition or re- ing settlement, subsidence, sea level rise, ment approaches for dredging in the United quirement for any approval or funding of a and new datum, if the Secretary determines States. project, or any other action, unless the spe- the necessary work is technically feasible, (b) PURPOSES.—The purposes of the study cific vegetation has been demonstrated to environmentally acceptable, and economi- under this section are— present an unacceptable safety risk. cally justified. (1) the identification of the best tech- (2) REVISIONS.—Beginning on the date on (b) COST SHARE.—The non-Federal share of niques, methods, and technologies for dredg- which the revisions to the national guide- the cost of construction of a project carried ing, including the evaluation of the feasi- lines are adopted in accordance with sub- out under this section shall be determined as bility, cost, and benefits of— section (f), the Secretary shall consider, on provided in subsections (a) through (d) of (A) new dredging technologies; and request of an affected entity, any previous section 103 of the Water Resources Develop- (B) improved dredging practices and tech- action of the Corps of Engineers in which the ment Act of 1986 (33 U.S.C. 2213). niques;

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7743 (2) the appraisal of the needs of the United management, and construction of 1 or more each milestone in the construction of the States for dredging, including the need to in- projects; and project. crease the size of private and Corps of Engi- (3) to evaluate alternatives for the decen- (3) TECHNICAL ASSISTANCE.—On the request neers dredging fleets to meet demands for tralization of the project management, de- of a non-Federal interest, the Secretary may additional construction or maintenance sign, and construction for authorized Corps provide technical assistance to the non-Fed- dredging needed as of the date of enactment of Engineers water resources projects. eral interest, if the non-Federal interest con- of this Act and in the subsequent 20 years; (c) ADMINISTRATION.— tracts with and compensates the Secretary (3) the identification of any impediments (1) IN GENERAL.—In carrying out the pilot for the technical assistance relating to— to dredging, including any recommendations program, the Secretary shall— (A) any study, engineering activity, and of appropriate alternatives for responding to (A) identify a total of not more than 15 design activity for construction carried out those impediments; projects for flood risk management, hurri- by the non-Federal interest under this sec- (4) the assessment, including any rec- cane and storm damage reduction (including tion; and ommendations of appropriate alternatives, levees, floodwalls, flood control channels, (B) expeditiously obtaining any permits of the adequacy and effectiveness of— and water control structures), coastal harbor necessary for the project. (A) the economic, engineering, and envi- and channels, inland navigation, and aquatic (d) COST-SHARE.—Nothing in this section ronmental methods, models, and analyses ecosystem restoration that have been au- affects the cost-sharing requirement applica- used by the Chief of Engineers and private thorized for construction prior to the date of ble on the day before the date of enactment dredging operations for dredging; and enactment of this Act, including— of this Act to a project carried out under (B) the current cost structure of construc- (i) not more than 12 projects that— this section. (I)(aa) have received Federal funds prior to tion contracts entered into by the Chief of (e) REPORT.— the date of enactment of this Act; or Engineers; (1) IN GENERAL.—Not later than 3 years (5) the evaluation of the efficiency and ef- (bb) for more than 2 consecutive fiscal after the date of enactment of this Act, the fectiveness of past, current, and alternative years, have an unobligated funding balance Secretary shall submit to the Committee on dredging practices and alternatives to dredg- for that project in the Corps of Engineers Environment and Public Works of the Senate ing, including agitation dredging; and construction account; and and the Committee on Transportation and (II) to the maximum extent practicable, (6) the identification of innovative tech- Infrastructure of the House of Representa- are located in each of the divisions of the niques and cost-effective methods to expand tives a report detailing the results of the Corps of Engineers; and regional sediment management efforts, in- pilot program carried out under this section, (ii) not more than 3 projects that have not cluding the placement of dredged sediment including— received Federal funds in the period begin- within river diversions to accelerate the cre- (A) a description of the progress of non- ning on the date on which the project was ation of wetlands. Federal interests in meeting milestones in authorized and ending on the date of enact- (c) STUDY TEAM.— detailed project schedules developed pursu- ment of this Act; (1) IN GENERAL.—The Secretary shall estab- ant to subsection (c)(2); and (B) notify the Committee on Environment lish a study team to assist the Secretary in (B) any recommendations of the Secretary and Public Works of the Senate and the planning, carrying out, and reporting on the concerning whether the program or any com- results of the study under this section. Committee on Transportation and Infra- structure of the House of Representatives on ponent of the program should be imple- (2) STUDY TEAM.—The study team estab- the identification of each project under the mented on a national basis. lished pursuant to paragraph (1) shall— pilot program; (2) UPDATE.—Not later than 5 years after (A) be appointed by the Secretary; and (C) in collaboration with the non-Federal the date of enactment of this Act, the Sec- (B) represent a broad spectrum of experts interest, develop a detailed project manage- retary shall submit to the Committee on En- in the field of dredging and representatives ment plan for each identified project that vironment and Public Works of the Senate of relevant State agencies and relevant non- outlines the scope, budget, design, and con- and the Committee on Transportation and Federal interests. struction resource requirements necessary Infrastructure of the House of Representa- (d) PUBLIC COMMENT PERIOD.—The Sec- for the non-Federal interest to execute the tives an update of the report described in retary shall— paragraph (1). (1) make available to the public, including project, or a separable element of the project; (3) FAILURE TO MEET DEADLINE.—If the Sec- on the Internet, all draft and final study (D) on the request of the non-Federal inter- retary fails to submit a report by the re- findings under this section; and est, enter into a project partnership agree- quired deadline under this subsection, the (2) allow for a public comment period of ment with the non-Federal interest for the Secretary shall submit to the Committee on not less than 30 days on any draft study find- non-Federal interest to provide full project Environment and Public Works of the Senate ings prior to issuing final study findings. management control for construction of the and the Committee on Transportation Infra- (e) REPORT TO CONGRESS.—Not later than 2 project, or a separable element of the structure of the House of Representatives a years after the date of enactment of this detailed explanation of why the deadline was Act, and subject to available appropriations, project, in accordance with plans approved by the Secretary; missed and a projected date for submission of the Secretary, in consultation with the the report. study team established under subsection (c), (E) following execution of the project partnership agreement, transfer to the non-Fed- (f) ADMINISTRATION.—All laws and regula- shall submit a detailed report on the results tions that would apply to the Secretary if of the study to the Committee on Environ- eral interest to carry out construction of the the Secretary were carrying out the project ment and Public Works of the Senate and project, or a separable element of the shall apply to a non-Federal interest car- the Committee on Transportation and Infra- project— rying out a project under this section. structure of the House of Representatives. (i) if applicable, the balance of the unobli- (g) TERMINATION OF AUTHORITY.—The au- (f) FAILURE TO MEET DEADLINES.—If the gated amounts appropriated for the project, Secretary does not complete the study under except that the Secretary shall retain suffi- thority to commence a project under this this section and submit a report to Congress cient amounts for the Corps of Engineers to section terminates on the date that is 5 under subsection (e) on or before the dead- carry out any responsibilities of the Corps of years after the date of enactment of this line described in that subsection, the Sec- Engineers relating to the project and pilot Act. retary shall notify Congress and describe program; and (h) AUTHORIZATION OF APPROPRIATIONS.—In why the study was not completed. (ii) additional amounts, as determined by addition to any amounts appropriated for a specific project, there is authorized to be ap- SEC. 2025. NON-FEDERAL PROJECT IMPLEMENTA- the Secretary, from amounts made available TION PILOT PROGRAM. under subsection (h), except that the total propriated to the Secretary to carry out the (a) IN GENERAL.—Not later than 180 days amount transferred to the non-Federal inter- pilot program under this section, including after the date of enactment of this Act, the est shall not exceed the updated estimate of the costs of administration of the Secretary, Secretary shall establish and implement a the Federal share of the cost of construction, $25,000,000 for each of fiscal years 2014 pilot program to evaluate the cost-effective- including any required design; and through 2018. ness and project delivery efficiency of allow- (F) regularly monitor and audit each SEC. 2026. NON-FEDERAL IMPLEMENTATION OF ing non-Federal interests to carry out flood project being constructed by a non-Federal FEASIBILITY STUDIES. risk management, hurricane and storm dam- interest under this section to ensure that the (a) IN GENERAL.—Not later than 180 days age reduction, coastal harbor and channel in- construction activities are carried out in after the date of enactment of this Act, the land navigation, and aquatic ecosystem res- compliance with the plans approved by the Secretary shall establish and implement a toration projects. Secretary and that the construction costs pilot program to evaluate the cost-effective- (b) PURPOSES.—The purposes of the pilot are reasonable. ness and project delivery efficiency of allow- program are— (2) DETAILED PROJECT SCHEDULE.—Not later ing non-Federal interests to carry out feasi- (1) to identify project delivery and cost- than 180 days after entering into an agree- bility studies for flood risk management, saving alternatives that reduce the backlog ment under paragraph (1)(D), each non-Fed- hurricane and storm damage reduction, of authorized Corps of Engineers projects; eral interest, to the maximum extent prac- aquatic ecosystem restoration, and coastal (2) to evaluate the technical, financial, and ticable, shall submit to the Secretary a de- harbor and channel and inland navigation. organizational efficiencies of a non-Federal tailed project schedule, based on estimated (b) PURPOSES.—The purposes of the pilot interest carrying out the design, execution, funding levels, that lists all deadlines for program are—

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(1) to identify project delivery and cost- (5) AUDITING.—The Secretary shall regu- (1) in subsection (d)(1)(B)— saving alternatives to the existing feasi- larly monitor and audit each feasibility (A) by striking ‘‘The ability’’ and inserting bility study process; study carried out by a non-Federal interest the following: (2) to evaluate the technical, financial, and under this section to ensure that the use of ‘‘(i) IN GENERAL.—The ability’’; and organizational efficiencies of a non-Federal any funds transferred under paragraph (3) (B) by adding at the end the following: interest carrying out a feasibility study of 1 are used in compliance with the agreement ‘‘(ii) DETERMINATION.—Not later than 180 or more projects; and signed under paragraph (1). days after the date of enactment of the (3) to evaluate alternatives for the decen- (6) TECHNICAL ASSISTANCE.—On the request Water Resources Development Act of 2013, tralization of the project planning, manage- of a non-Federal interest, the Secretary may the Secretary shall issue guidance on the ment, and operational decisionmaking proc- provide technical assistance to the non-Fed- procedures described in clause (i).’’; and ess of the Corps of Engineers. eral interest relating to any aspect of the (2) in subsection (e), by striking ‘‘2012’’ and (c) ADMINISTRATION.— feasibility study, if the non-Federal interest inserting ‘‘2023’’. (1) IN GENERAL.—On the request of a non- contracts with the Secretary for the tech- SEC. 2028. COOPERATIVE AGREEMENTS WITH CO- Federal interest, the Secretary may enter nical assistance and compensates the Sec- LUMBIA RIVER BASIN INDIAN into an agreement with the non-Federal in- retary for the technical assistance. TRIBES. terest for the non-Federal interest to provide (7) DETAILED PROJECT SCHEDULE.—Not later The Secretary may enter into a coopera- full project management control of a feasi- than 180 days after entering into an agree- tive agreement with 1 or more federally rec- bility study for a project for— ment under paragraph (1), each non-Federal ognized Indian tribes (or a designated rep- (A) flood risk management; interest, to the maximum extent prac- resentative of the Indian tribes) that are lo- (B) hurricane and storm damage reduction, ticable, shall submit to the Secretary a de- cated, in whole or in part, within the bound- including levees, floodwalls, flood control tailed project schedule, based on full funding aries of the Columbia River Basin to carry channels, and water control structures; capability, that lists all deadlines for mile- out authorized activities within the Colum- (C) coastal harbor and channel and inland stones relating to the feasibility study. bia River Basin to protect fish, wildlife, navigation; and (d) COST-SHARE.—Nothing in this section water quality, and cultural resources. (D) aquatic ecosystem restoration. affects the cost-sharing requirement applica- SEC. 2029. MILITARY MUNITIONS RESPONSE AC- (2) USE OF NON-FEDERAL-FUNDS.— ble on the day before the date of enactment TIONS AT CIVIL WORKS SHORELINE PROTECTION PROJECTS. (A) IN GENERAL.—A non-Federal interest of this Act to a feasibility study carried out (a) IN GENERAL.—The Secretary may im- that has entered into an agreement with the under this section. Secretary pursuant to paragraph (1) may use plement any response action the Secretary (e) REPORT.— non-Federal funds to carry out the feasi- determines to be necessary at a site where— (1) IN GENERAL.—Not later than 2 years bility study. (1) the Secretary has carried out a project after the date of enactment of this Act, the (B) CREDIT.—The Secretary shall credit to- under civil works authority of the Secretary Secretary shall submit to the Committee on wards the non-Federal share of the cost of that includes placing sand on a beach; Environment and Public Works of the Senate construction of a project for which a feasi- (2) as a result of the project described in and the Committee on Transportation and bility study is carried out under this section paragraph (1), military munitions that were Infrastructure of the House of Representa- an amount equal to the portion of the cost of originally released as a result of Department tives a report detailing the results of the developing the study that would have been of Defense activities are deposited on the pilot program carried out under this section, the responsibility of the Secretary, if the beach, posing a threat to human health or including— study were carried out by the Secretary, sub- the environment. (A) a description of the progress of the ject to the conditions that— (b) RESPONSE ACTION FUNDING.—A response (i) non-Federal funds were used to carry non-Federal interests in meeting milestones action described in subsection (a) shall be out the activities that would have been the in detailed project schedules developed pur- funded from amounts made available to the responsibility of the Secretary; suant to subsection (c)(7); and agency within the Department of Defense re- (ii) the Secretary determines that the fea- (B) any recommendations of the Secretary sponsible for the original release of the mu- sibility study complies with all applicable concerning whether the program or any com- nitions. Federal laws and regulations; and ponent of the program should be imple- SEC. 2030. BEACH NOURISHMENT. (iii) the project is authorized by any provi- mented on a national basis. Section 156 of the Water Resources Devel- sion of Federal law enacted after the date on (2) UPDATE.—Not later than 5 years after opment Act of 1976 (42 U.S.C. 1962d–5f) is which an agreement is entered into under the date of enactment of this Act, the Sec- amended to read as follows: retary shall submit to the Committee on En- paragraph (1). ‘‘SEC. 156. BEACH NOURISHMENT. vironment and Public Works of the Senate (3) TRANSFER OF FUNDS.— ‘‘(a) IN GENERAL.—Subject to subsection (A) IN GENERAL.—After the date on which and the Committee on Transportation and (b)(2)(A), the Secretary of the Army, acting an agreement is executed pursuant to para- Infrastructure of the House of Representa- through the Chief of Engineers, may provide graph (1), the Secretary may transfer to the tives an update of the report described in periodic beach nourishment for each water non-Federal interest to carry out the feasi- paragraph (1). resources development project for which that bility study— (3) FAILURE TO MEET DEADLINE.—If the Sec- nourishment has been authorized for an addi- (i) if applicable, the balance of any unobli- retary fails to submit a report by the re- tional period of time, as determined by the gated amounts appropriated for the study, quired deadline under this subsection, the Secretary, subject to the condition that the except that the Secretary shall retain suffi- Secretary shall submit to the Committee on additional period shall not exceed the later cient amounts for the Corps of Engineers to Environment and Public Works of the Senate of— carry out any responsibilities of the Corps of and the Committee on Transportation Infra- ‘‘(1) 50 years after the date on which the Engineers relating to the project and pilot structure of the House of Representatives a construction of the project is initiated; or program; and detailed explanation of why the deadline was ‘‘(2) the date on which the last estimated (ii) additional amounts, as determined by missed and a projected date for submission of periodic nourishment for the project is to be the Secretary, from amounts made available the report. carried out, as recommended in the applica- under subsection (h), except that the total (f) ADMINISTRATION.—All laws and regula- ble report of the Chief of Engineers. amount transferred to the non-Federal inter- tions that would apply to the Secretary if ‘‘(b) EXTENSION.— est shall not exceed the updated estimate of the Secretary were carrying out the feasi- ‘‘(1) IN GENERAL.—Except as provided in the Federal share of the cost of the feasibility study shall apply to a non-Federal in- paragraph (3), before the date on which the bility study. terest carrying out a feasibility study under 50-year period referred to in subsection (a)(1) (B) ADMINISTRATION.—The Secretary shall this section. expires, the Secretary of the Army, acting include such provisions as the Secretary de- (g) TERMINATION OF AUTHORITY.—The au- through the Chief of Engineers— termines to be necessary in an agreement thority to commence a feasibility study ‘‘(A) may, at the request of the non-Fed- under paragraph (1) to ensure that a non- under this section terminates on the date eral interest and subject to the availability Federal interest receiving Federal funds that is 5 years after the date of enactment of of appropriations, carry out a review of a under this paragraph— this Act. nourishment project carried out under sub- (i) has the necessary qualifications to ad- (h) AUTHORIZATION OF APPROPRIATIONS.—In section (a) to evaluate the feasibility of con- minister those funds; and addition to any amounts appropriated for a tinuing Federal participation in the project (ii) will comply with all applicable Federal specific project, there is authorized to be ap- for a period not to exceed 15 years; and laws (including regulations) relating to the propriated to the Secretary to carry out the ‘‘(B) shall submit to Congress any rec- use of those funds. pilot program under this section, including ommendations of the Secretary relating to (4) NOTIFICATION.—The Secretary shall no- the costs of administration of the Secretary, the review. tify the Committee on Environment and $25,000,000 for each of fiscal years 2014 ‘‘(2) PLAN FOR REDUCING RISK TO PEOPLE Public Works of the Senate and the Com- through 2018. AND PROPERTY.— mittee on Transportation and Infrastructure SEC. 2027. TRIBAL PARTNERSHIP PROGRAM. ‘‘(A) IN GENERAL.—The non-Federal inter- of the House of Representatives on the initi- Section 203 of the Water Resources Devel- est shall submit to the Secretary a plan for ation of each feasibility study under the opment Act of 2000 (33 U.S.C. 2269) is amend- reducing the risk to people and property dur- pilot program. ed— ing the life of the project.

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‘‘(B) INCLUSION IN REPORT TO CONGRESS.— SEC. 2032. STUDY ACCELERATION. ‘‘(2) ENVIRONMENTAL REVIEW PROCESS.— The Secretary shall submit to Congress the (a) FINDINGS.—Congress finds that— ‘‘(A) IN GENERAL.—The term ‘environ- plan described in subparagraph (A) with the (1) delays in the completion of feasibility mental review process’ means the process of recommendations submitted in paragraph studies— preparing an environmental impact state- (1)(B). (A) increase costs for the Federal Govern- ment, environmental assessment, categor- ‘‘(3) REVIEW COMMENCED WITHIN 2 YEARS OF ment as well as State and local governments; ical exclusion, or other document under the EXPIRATION OF 50-YEAR PERIOD.— and National Environmental Policy Act of 1969 ‘‘(A) IN GENERAL.—If the Secretary of the (B) delay the implementation of water re- (42 U.S.C. 4321 et seq.) for a water resource Army commences a review under paragraph sources projects that provide critical bene- project. (1) not earlier than the period beginning on fits, including reducing flood risk, maintain- ‘‘(B) INCLUSIONS.—The term ‘environ- the date that is 2 years before the date on ing commercially important flood risk, and mental review process’ includes the process which the 50-year period referred to in sub- restoring vital ecosystems; and for and completion of any environmental section (a)(1) expires and ending on the date (2) the efforts undertaken by the Corps of permit, approval, review, or study required on which the 50-year period expires, the Engineers through the establishment of the for a water resource project under any Fed- project shall remain authorized after the ex- ‘‘3–3–3’’ planning process should be contin- eral law other than the National Environ- piration of the 50-year period until the ear- ued. mental Policy Act of 1969 (42 U.S.C. 4321 et lier of— (b) ACCELERATION OF STUDIES.— seq.). (1) IN GENERAL.—Subject to paragraphs (2) ‘‘(i) 3 years after the expiration of the 50- ‘‘(3) FEDERAL JURISDICTIONAL AGENCY.—The year period; or and (3), a feasibility study initiated after the term ‘Federal jurisdictional agency’ means a ‘‘(ii) the date on which a determination is date of enactment of this Act shall— Federal agency with jurisdiction delegated made as to whether to extend Federal par- (A) be completed not later than 3 years by law, regulation, order, or otherwise over after the date of initiation of the study; and ticipation in the project in accordance with an approval or decision required for a water (B) have a maximum Federal cost share of paragraph (1). resource project under applicable Federal $3,000,000. ‘‘(B) CALCULATION OF TIME PERIOD FOR EX- laws (including regulations). (2) ABILITY TO COMPLY.—On initiating a TENSION.—Notwithstanding clauses (i) and ‘‘(4) LEAD AGENCY.—The term ‘lead agency’ feasibility study under paragraph (1), the (ii) of subparagraph (A) and after a review means the Corps of Engineers and, if applica- Secretary shall— under subparagraph (A) is completed, if a de- ble, any State, local, or tribal governmental (A) certify that the study will comply with termination is made to extend Federal par- entity serving as a joint lead agency pursu- the requirements of paragraph (1); ticipation in the project in accordance with ant to section 1506.3 of title 40, Code of Fed- (B) for projects the Secretary determines paragraph (1) for a period not to exceed 15 eral Regulations (or a successor regulation). to be too complex to comply with the re- years, that period shall begin on the date on ‘‘(5) WATER RESOURCE PROJECT.—The term quirements of paragraph (1)— which the determination is made.’’. ‘water resource project’ means a Corps of En- (i) not less than 30 days after making a de- gineers water resource project. SEC. 2031. REGIONAL SEDIMENT MANAGEMENT. termination, notify the non-Federal interest Section 204 of the Water Resources Devel- regarding the inability to comply; and ‘‘(b) POLICY.—The benefits of water re- opment Act of 1992 (33 U.S.C. 2326) (as amend- (ii) provide a new projected timeline and source projects designed and carried out in ed by section 2003(c)) is amended— cost; and an economically and environmentally sound (1) in subsection (a)— (C) if the study conditions have changed manner are important to the economy and (A) in paragraph (1), by inserting ‘‘or used such that scheduled timelines or study costs environment of the United States, and rec- in’’ after ‘‘obtained through’’; and will not be met— ommendations to Congress regarding those (B) in paragraph (3)(C), by inserting ‘‘for (i) not later than 30 days after the study projects should be developed using coordi- the purposes of improving environmental conditions change, notify the non-Federal in- nated and efficient review and cooperative conditions in marsh and littoral systems, terest of those changed conditions; and efforts to prevent or quickly resolve disputes stabilizing stream channels, enhancing (ii) present the non-Federal interest with a during the planning of those water resource shorelines, and supporting State and local new timeline for completion and new pro- projects. risk management adaptation strategies’’ be- jected study costs. ‘‘(c) APPLICABILITY.— fore the period at the end; (3) APPROPRIATIONS.— ‘‘(1) IN GENERAL.—The project planning (2) in subsection (c)(1)(B)— (A) IN GENERAL.—All timeline and cost con- procedures under this section apply to pro- (A) in clause (i), by striking ‘‘clause (ii)’’ ditions under this section shall be subject to posed projects initiated after the date of en- and inserting ‘‘clauses (ii) and (iii)’’; the Secretary receiving adequate appropria- actment of the Water Resources Develop- (B) by redesignating clause (ii) as clause tions for meeting study timeline and cost re- ment Act of 2013 and for which the Secretary (iii); and quirements. determines that— (C) by inserting after clause (i) the fol- (B) NOTIFICATION.—Not later than 60 days ‘‘(A) an environmental impact statement is lowing: after receiving appropriations, the Secretary required; or ‘‘(ii) REDUCTION IN NON-FEDERAL SHARE.— shall notify the non-Federal interest of any ‘‘(B) at the discretion of the Secretary, The Secretary may reduce the non-Federal changes to timelines or costs due to inad- other water resource projects for which an share of the costs of construction of a equate appropriations. environmental review process document is project if the Secretary determines that, (c) REPORT.—Not later than 18 months required to be prepared. through the beneficial use of sediment at an- after the date of enactment of this Act and ‘‘(2) FLEXIBILITY.—Any authorities granted other Federal project, there will be an asso- each year thereafter, the Secretary shall in this section may be exercised, and any re- ciated reduction or avoidance of Federal submit to the Committee on Environment quirements established under this section costs.’’; and Public Works of the Senate and the may be satisfied, for the planning of a water (3) in subsection (d)— Committee on Transportation and Infra- resource project, a class of those projects, or (A) by striking the subsection designation structure of the House of Representatives a a program of those projects. and heading and inserting the following: report that describes— ‘‘(3) LIST OF WATER RESOURCES DEVELOP- ‘‘(d) SELECTION OF DREDGED MATERIAL DIS- (1) the status of the implementation of the MENT PROJECTS.— POSAL METHOD FOR PURPOSES RELATED TO ‘‘3–3–3’’ planning process, including the num- ‘‘(A) IN GENERAL.—The Secretary shall an- ENVIRONMENTAL RESTORATION OR STORM ber of participating projects; nually prepare, and make publicly available, DAMAGE AND FLOOD REDUCTION.—’’; and (2) the amount of time taken to complete a separate list of each study that the Sec- (B) in paragraph (1), by striking ‘‘in rela- all studies participating in the ‘‘3–3–3’’ plan- retary has determined— tion to’’ and all that follows through the pe- ning process; and ‘‘(i) meets the standards described in para- riod at the end and inserting ‘‘in relation (3) any recommendations for additional au- graph (1); and to— thority necessary to support efforts to expe- ‘‘(ii) does not have adequate funding to ‘‘(A) the environmental benefits, including dite the feasibility study process for water make substantial progress toward the com- the benefits to the aquatic environment to resource projects. pletion of the planning activities for the be derived from the creation of wetlands and SEC. 2033. PROJECT ACCELERATION. water resource project. control of shoreline erosion; or Section 2045 of the Water Resources Devel- ‘‘(B) INCLUSIONS.—The Secretary shall in- ‘‘(B) the flood and storm damage and flood opment Act of 2007 (33 U.S.C. 2348) is amend- clude for each study on the list under sub- reduction benefits, including shoreline pro- ed to read as follows: paragraph (A) a description of the estimated tection, protection against loss of life, and ‘‘SEC. 2045. PROJECT ACCELERATION. amounts necessary to make substantial damage to improved property.’’; and ‘‘(a) DEFINITIONS.—In this section: progress on the study. (4) in subsection (e), by striking paragraph ‘‘(1) ENVIRONMENTAL IMPACT STATEMENT.— ‘‘(4) IMPLEMENTATION GUIDANCE.—The Sec- (1) and inserting the following: The term ‘environmental impact statement’ retary shall prepare, in consultation with ‘‘(1) cooperate with any State or group of means the detailed statement of environ- the Council on Environmental Quality and States in the preparation of a comprehensive mental impacts of water resource projects other Federal agencies with jurisdiction over State or regional sediment management plan required to be prepared pursuant to the Na- actions or resources that may be impacted within the boundaries of the State or among tional Environmental Policy Act of 1969 (42 by a water resource project, guidance docu- States;’’. U.S.C. 4321 et seq.). ments that describe the coordinated review

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7746 CONGRESSIONAL RECORD — SENATE October 31, 2013 processes that the Secretary will use to im- 4321 et seq.) required in support of any action tion shall be submitted, which may be ex- plement this section for the planning of or approval by the Secretary if— tended by the lead agency for good cause. water resource projects, in accordance with ‘‘(I) the Secretary provides guidance in the ‘‘(2) FEDERAL COOPERATING AGENCIES.—Any the civil works program of the Corps of Engi- preparation process and independently eval- Federal agency that is invited by the lead neers and all applicable law. uates that document agency to participate in the environmental ‘‘(d) WATER RESOURCE PROJECT REVIEW ‘‘(II) the non-Federal interest complies review process for a water resource project PROCESS.— with all requirements applicable to the Sec- shall be designated as a cooperating agency ‘‘(1) IN GENERAL.—The Secretary shall de- retary under— by the lead agency unless the invited agency velop and implement a coordinated review ‘‘(aa) the National Environmental Policy informs the lead agency, in writing, by the process for the development of water re- Act of 1969 (42 U.S.C. 4321 et seq.); deadline specified in the invitation that the source projects. ‘‘(bb) any regulation implementing that invited agency— ‘‘(2) COORDINATED REVIEW.—The coordi- Act; and ‘‘(A)(i) has no jurisdiction or authority nated review process described in paragraph ‘‘(cc) any other applicable Federal law; and with respect to the water resource project; (1) shall require that any analysis, opinion, ‘‘(III) the Secretary approves and adopts ‘‘(ii) has no expertise or information rel- permit, license, statement, and approval the document before the Secretary takes any evant to the water resource project; or issued or made by a Federal, State, or local subsequent action or makes any approval ‘‘(iii) does not have adequate funds to par- governmental agency or an Indian tribe for based on that document, regardless of wheth- ticipate in the water resource project; and the planning of a water resource project de- er the action or approval of the Secretary re- ‘‘(B) does not intend to submit comments scribed in subsection (b) be conducted, to the sults in Federal funding. on the water resource project. maximum extent practicable, concurrently ‘‘(3) DUTIES.—The Secretary shall ensure ‘‘(3) EFFECT OF DESIGNATION.—Designation with any other applicable governmental that— as a participating or cooperating agency agency or Indian tribe. ‘‘(A) the non-Federal interest complies under this subsection shall not imply that ‘‘(3) TIMING.—The coordinated review proc- with all design and mitigation commitments the participating or cooperating agency— ess under this subsection shall be completed made jointly by the Secretary and the non- ‘‘(A) supports a proposed water resource not later than the date on which the Sec- Federal interest in any environmental docu- project; or retary, in consultation and concurrence with ment prepared by the non-Federal interest in ‘‘(B) has any jurisdiction over, or special the agencies identified under subsection (e), accordance with this subsection; and expertise with respect to evaluation of, the establishes with respect to the water re- ‘‘(B) any environmental document pre- water resource project. source project. pared by the non-Federal interest is appro- ‘‘(4) CONCURRENT REVIEWS.—Each cooperating agency shall— ‘‘(e) IDENTIFICATION OF JURISDICTIONAL priately supplemented under paragraph ‘‘(A) carry out the obligations of that AGENCIES.—With respect to the development (2)(B) to address any changes to the water re- agency under other applicable law concur- of each water resource project, the Secretary source project the Secretary determines are rently and in conjunction with the required shall identify, as soon as practicable, all necessary. environmental review process, unless doing Federal, State, and local government agen- ‘‘(4) ADOPTION AND USE OF DOCUMENTS.— so would impair the ability of the Federal cies and Indian tribes that may— Any environmental document prepared in accordance with this subsection may be adopt- agency to conduct needed analysis or other- ‘‘(1) have jurisdiction over the water re- wise carry out those obligations; and ed or used by any Federal agency making source project; ‘‘(B) formulate and implement administra- any approval to the same extent that the ‘‘(2) be required by law to conduct or issue tive, policy, and procedural mechanisms to Federal agency could adopt or use a docu- a review, analysis, or opinion for the water enable the agency to ensure completion of ment prepared by another Federal agency resource project; or the environmental review process in a time- under— ‘‘(3) be required to make a determination ly, coordinated, and environmentally respon- ‘‘(A) the National Environmental Policy on issuing a permit, license, or approval for sible manner. Act of 1969 (42 U.S.C. 4321 et seq.); and the water resource project. ‘‘(i) PROGRAMMATIC COMPLIANCE.— ‘‘(f) STATE AUTHORITY.—If the coordinated ‘‘(B) parts 1500 through 1508 of title 40, ‘‘(1) IN GENERAL.—The Secretary shall issue review process is being implemented under Code of Federal Regulations (or successor guidance regarding the use of programmatic this section by the Secretary with respect to regulations). approaches to carry out the environmental the planning of a water resource project de- ‘‘(5) ROLES AND RESPONSIBILITY OF LEAD review process that— scribed in subsection (c) within the bound- AGENCY.—With respect to the environmental ‘‘(A) eliminates repetitive discussions of aries of a State, the State, consistent with review process for any water resource the same issues; State law, may choose to participate in the project, the lead agency shall have authority ‘‘(B) focuses on the actual issues ripe for process and to make subject to the process and responsibility— analyses at each level of review; all State agencies that— ‘‘(A) to take such actions as are necessary ‘‘(C) establishes a formal process for co- ‘‘(1) have jurisdiction over the water re- and proper and within the authority and re- ordinating with cooperating agencies, in- source project; sponsibility of the lead agency to facilitate cluding the creation of a list of all data that ‘‘(2) are required to conduct or issue a re- the expeditious resolution of the environ- is needed to carry out an environmental review, analysis, or opinion for the water re- mental review process for the water resource view process; and source project; or project; and ‘‘(D) complies with— ‘‘(3) are required to make a determination ‘‘(B) to prepare or ensure that any required ‘‘(i) the National Environmental Policy on issuing a permit, license, or approval for environmental impact statement or other Act of 1969 (42 U.S.C. 4321 et seq.); and the water resource project. environmental review document for a water ‘‘(ii) all other applicable laws. ‘‘(g) LEAD AGENCIES.— resource project required to be completed ‘‘(2) REQUIREMENTS.—In carrying out para- ‘‘(1) FEDERAL LEAD AGENCY.—Subject to under the National Environmental Policy graph (1), the Secretary shall— paragraph (2), the Corps of Engineers shall be Act of 1969 (42 U.S.C. 4321 et seq.) is com- ‘‘(A) as the first step in drafting guidance the lead Federal agency in the environ- pleted in accordance with this section and under that paragraph, consult with relevant mental review process for a water resource applicable Federal law. Federal and State agencies, Indian tribes, project. ‘‘(h) PARTICIPATING AND COOPERATING and the public on the appropriate use and ‘‘(2) JOINT LEAD AGENCIES.— AGENCIES.— scope of the programmatic approaches; ‘‘(A) IN GENERAL.—At the discretion of the ‘‘(1) INVITATION.— ‘‘(B) emphasize the importance of collabo- Secretary and subject to any applicable reg- ‘‘(A) IN GENERAL.—The lead agency shall ration among relevant Federal agencies, ulations under the National Environmental identify, as early as practicable in the envi- State agencies, and Indian tribes in under- Policy Act of 1969 (42 U.S.C. 4321 et seq.), in- ronmental review process for a water re- taking programmatic reviews, especially cluding the concurrence of the proposed joint source project, any other Federal or non- with respect to including reviews with a lead agency, an agency other than the Corps Federal agencies that may have an interest broad geographical scope; of Engineers may serve as the joint lead in that project and invite those agencies to ‘‘(C) ensure that the programmatic re- agency. become participating or cooperating agen- views— ‘‘(B) NON-FEDERAL INTEREST AS JOINT LEAD cies, as applicable, in the environmental re- ‘‘(i) promote transparency, including of the AGENCY.—A non-Federal interest that is a view process for the water resource project. analyses and data used in the environmental State or local governmental entity— ‘‘(B) PROCEDURES.—Section 1501.6 of title review process, the treatment of any de- ‘‘(i) may, with the concurrence of the Sec- 40, Code of Federal Regulations (as in effect ferred issues raised by Federal, State, or retary, serve as a joint lead agency with the on the date of enactment of the Water Re- tribal agencies, or the public, and the tem- Corps of Engineers for purposes of preparing sources Development Act of 2013) shall gov- poral and special scales to be used to analyze any environmental document under the Na- ern the identification and the participation those issues; tional Environmental Policy Act of 1969 (42 of a cooperating agency under subparagraph ‘‘(ii) use accurate and timely information U.S.C. 4321 et seq.); and (A). in the environmental review process, includ- ‘‘(ii) may prepare any environmental re- ‘‘(C) DEADLINE.—An invitation to partici- ing— view process document under the National pate issued under subparagraph (A) shall set ‘‘(I) criteria for determining the general Environmental Policy Act of 1969 (42 U.S.C. a deadline by which a response to the invita- duration of the usefulness of the review; and

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‘‘(II) the timeline for updating any out-of- that describes the number of decisions of the ‘‘(C) FAILURE TO MEET DEADLINE.—If the date review; Federal agency that remain outstanding as agencies described in subparagraph (A) can- ‘‘(iii) describe— of the date of the additional notice. not provide reasonable assurances that the ‘‘(I) the relationship between pro- ‘‘(4) INVOLVEMENT OF THE PUBLIC.—Nothing deadlines described in subparagraph (B) will grammatic analysis and future tiered anal- in this subsection reduces any time period be met, the Secretary may initiate the issue ysis; and provided for public comment in the environ- resolution and referral process described ‘‘(II) the role of the public in the creation mental review process under applicable Fed- under paragraph (5) before the completion of of future tiered analysis; and eral law (including regulations). the record of decision. ‘‘(iv) are available to other relevant Fed- ‘‘(k) ISSUE IDENTIFICATION AND RESOLU- ‘‘(5) ACCELERATED ISSUE RESOLUTION AND ELEVATION eral and State agencies, Indian tribes, and TION.— .— the public; ‘‘(A) AGENCY ISSUE RESOLUTION MEETING.— ‘‘(1) COOPERATION.—The lead agency, the ‘‘(D) allow not fewer than 60 days of public cooperating agencies, and any participating ‘‘(i) IN GENERAL.—A cooperating agency or notice and comment on any proposed guid- agencies shall work cooperatively in accord- non-Federal interest may request an issue ance; and ance with this section to identify and resolve resolution meeting to be conducted by the ‘‘(E) address any comments received under issues that could delay completion of the en- Secretary. ‘‘(ii) ACTION BY SECRETARY.—The Secretary subparagraph (D). vironmental review process or result in the ‘‘(j) COORDINATED REVIEWS.— shall convene an issue resolution meeting denial of any approval required for the water ‘‘(1) COORDINATION PLAN.— under clause (i) with the relevant cooper- resource project under applicable laws. ‘‘(A) ESTABLISHMENT.— ating agencies and the non-Federal interest, ‘‘(2) LEAD AGENCY RESPONSIBILITIES.— ‘‘(i) IN GENERAL.—The lead agency shall, as applicable, to resolve issues that could— ‘‘(A) IN GENERAL.—The lead agency shall after consultation with and with the concur- ‘‘(I) delay completion of the environmental make information available to the cooper- rence of each cooperating agency for the review process; or ating agencies and participating agencies as water resource project and the non-Federal ‘‘(II) conflict with the ability of a cooper- early as practicable in the environmental re- interest or joint lead agency, as applicable, ating agency to carry out applicable Federal view process regarding the environmental establish a plan for coordinating public and laws (including regulations). and socioeconomic resources located within agency participation in, and comment on, ‘‘(iii) DATE.—A meeting requested under the environmental review process for a water the water resource project area and the gen- this subparagraph shall be held not later resource project or a category of water re- eral locations of the alternatives under con- than 21 days after the date on which the Sec- source projects. sideration. retary receives the request for the meeting, ‘‘(ii) INCORPORATION.—The plan established ‘‘(B) DATA SOURCES.—The information unless the Secretary determines that there under clause (i) shall be incorporated into under subparagraph (A) may be based on ex- is good cause to extend that deadline. the project schedule milestones set under isting data sources, including geographic in- ‘‘(iv) NOTIFICATION.—On receipt of a re- section 905(g)(2) of the Water Resources De- formation systems mapping. quest for a meeting under this subparagraph, velopment Act of 1986 (33 U.S.C. 2282(g)(2)). ‘‘(3) COOPERATING AND PARTICIPATING AGEN- the Secretary shall notify all relevant co- ‘‘(2) COMMENT DEADLINES.—The lead agency CY RESPONSIBILITIES.—Based on information operating agencies of the request, including shall establish the following deadlines for received from the lead agency, cooperating the issue to be resolved and the date for the comment during the environmental review and participating agencies shall identify, as meeting. process for a water resource project: early as practicable, any issues of concern ‘‘(v) DISPUTES.—If a relevant cooperating ‘‘(A) DRAFT ENVIRONMENTAL IMPACT STATE- regarding the potential environmental or so- agency with jurisdiction over an action, in- MENTS.—For comments by Federal and cioeconomic impacts of the water resource cluding a permit approval, review, or other States agencies and the public on a draft en- project, including any issues that could sub- statement or opinion required for a water re- vironmental impact statement, a period of stantially delay or prevent an agency from source project under applicable law deter- not more than 60 days after publication in granting a permit or other approval that is mines that the relevant information nec- the Federal Register of notice of the date of needed for the water resource project. essary to resolve the issue has not been ob- public availability of the draft environ- ‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL- tained and could not have been obtained mental impact statement, unless— ERATED DECISIONMAKING.— within a reasonable time, but the Secretary ‘‘(i) a different deadline is established by ‘‘(A) IN GENERAL.—Not later than 45 days disagrees, the resolution of the dispute shall agreement of the lead agency, the non-Fed- after the close of the public comment period be forwarded to the heads of the relevant eral interest, as applicable, and all partici- on a draft environmental impact statement, agencies for resolution. pating and cooperating agencies; or the Secretary may convene a meeting with ‘‘(vi) CONVENTION BY LEAD AGENCY.—The ‘‘(ii) the deadline is extended by the lead the non-Federal interest or joint lead agen- Secretary may convene an issue resolution agency for good cause. cy, as applicable, relevant resource agencies, meeting under this subsection at any time, ‘‘(B) OTHER ENVIRONMENTAL REVIEW PROC- and relevant Federal and State agencies to at the discretion of the Secretary, regardless ESSES.—For all comment periods established establish a schedule of deadlines to complete of whether a meeting is requested under by the lead agency for agency or public com- decisions regarding the water resource clause (i). ments in the environmental review process project. ‘‘(vii) EXCEPTION.— of an action within a program under the au- ‘‘(B) DEADLINES.— ‘‘(I) IN GENERAL.—The issue resolution and thority of the lead agency other than for a ‘‘(i) IN GENERAL.—The deadlines referred to referral process under this subparagraph draft environmental impact statement, a pe- in subparagraph (A) shall be those estab- shall not be initiated if the applicable agen- riod of not more than 30 days after the date lished by the Secretary, in consultation with cy— on which the materials on which comment is and with the concurrence of the non-Federal ‘‘(aa) notifies, with a supporting expla- requested are made available, unless— interest or joint lead agency, as applicable, nation, the lead agency, cooperating agen- ‘‘(i) a different deadline is established by and other relevant Federal and State agencies, and non-Federal interest, as applicable, agreement of the lead agency, the non-Fed- cies. that— eral interest, and all cooperating agencies; ‘‘(ii) FACTORS FOR CONSIDERATION.—In es- ‘‘(AA) the agency has not received nec- or tablishing a schedule, the Secretary shall essary information or approvals from an- ‘‘(ii) the deadline is extended by the lead consider factors such as— other entity in a manner that affects the agency for good cause. ‘‘(I) the responsibilities of cooperating ability of the agency to meet any require- ‘‘(3) DEADLINES FOR DECISIONS UNDER OTHER agencies under applicable laws; ments under Federal, tribal, State, or local LAWS.—In any case in which a decision under ‘‘(II) the resources available to the non- law; any Federal law relating to a project, includ- Federal interest, joint lead agency, and ‘‘(BB) significant new information, including the issuance or denial of a permit or li- other relevant Federal and State agencies, as ing from public comments, or circumstances, cense, is required to be made by the date de- applicable; including a major modification to an aspect scribed in subsection (k)(6)(B)(ii), the Sec- ‘‘(III) the overall size and complexity of of the water resource project, requires addi- retary shall submit to the Committee on En- the water resource project; tional analysis for the agency to make a de- vironment and Public Works of the Senate ‘‘(IV) the overall schedule for and cost of cision on the water resource project applica- and the Committee on Transportation and the water resource project; and tion; or Infrastructure of the House of Representa- ‘‘(V) the sensitivity of the natural and his- ‘‘(CC) the agency lacks the financial re- tives— torical resources that could be affected by sources to complete the review under the ‘‘(A) as soon as practicable after the 180- the water resource project. scheduled time frame, including a descrip- day period described in subsection ‘‘(iii) MODIFICATIONS.—The Secretary tion of the number of full-time employees re- (k)(6)(B)(ii), an initial notice of the failure of may— quired to complete the review, the amount of the Federal agency to make the decision; ‘‘(I) lengthen a schedule under clause (i) for funding required to complete the review, and and good cause; and a justification as to why there is not enough ‘‘(B) every 60 days thereafter until such ‘‘(II) shorten a schedule only with concur- funding available to complete the review by date as all decisions of the Federal agency rence of the affected non-Federal interest, the deadline; and relating to the project have been made by joint lead agency, or relevant Federal and ‘‘(bb) establishes a new deadline for com- the Federal agency, an additional notice State agencies, as applicable. pletion of the review.

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‘‘(II) INSPECTOR GENERAL.—If the applicable charged with rendering the decision by not Environment and Public Works of the Senate agency makes a certification under sub- later than 1 day after the applicable date and the Committee on Transportation and clause (I)(aa)(CC), the Inspector General of under clause (ii), and once each week there- Infrastructure of the House of Representa- the applicable agency shall conduct a finan- after until a final decision is rendered, sub- tives a report on the notice. cial audit to review that certification and ject to subparagraph (C)— ‘‘(E) LIMITATION.—The Federal agency submit a report on that certification within ‘‘(I) $20,000 for any water resource project from which funds are transferred pursuant to 90 days to the Committee on Environment requiring the preparation of an environ- this paragraph shall not reprogram funds to and Public Works of the Senate and the mental assessment or environmental impact the office of the head of the agency, or equiv- Committee on Transportation and Infra- statement; or alent office, to reimburse that office for the structure of the House of Representatives. ‘‘(II) $10,000 for any water resource project loss of the funds. ‘‘(B) ELEVATION OF ISSUE RESOLUTION.— requiring any type of review under the Na- ‘‘(F) EFFECT OF PARAGRAPH.—Nothing in ‘‘(i) IN GENERAL.—If issue resolution is not tional Environmental Policy Act of 1969 (42 this paragraph affects or limits the applica- achieved by not later than 30 days after the U.S.C. 4321 et seq.) other than an environ- tion of, or obligation to comply with, any date on which a relevant meeting is held mental assessment or environmental impact Federal, State, local, or tribal law. under subparagraph (A), the Secretary shall statement. ‘‘(l) PERFORMANCE MEASUREMENT.—The notify the heads of the relevant cooperating ‘‘(ii) DESCRIPTION OF DATE.—The date re- Secretary shall establish a program to meas- agencies and the non-Federal interest that ferred to in clause (i) is the later of— ure and report on progress made toward im- an issue resolution meeting will be con- ‘‘(I) the date that is 180 days after the date proving and expediting the planning and en- vened. on which an application for the permit, li- vironmental review process. ‘‘(ii) REQUIREMENTS.—The Secretary shall cense, or approval is complete; and ‘‘(m) MEMORANDUM OF AGREEMENTS FOR identify the issues to be addressed at the ‘‘(II) the date that is 180 days after the date EARLY COORDINATION.— meeting and convene the meeting not later on which the Federal lead agency issues a de- ‘‘(1) SENSE OF CONGRESS.—It is the sense of than 30 days after the date on which the no- cision on the water resource project under Congress that— tice is issued. the National Environmental Policy Act of ‘‘(A) the Secretary and other Federal agen- ‘‘(C) SUBMISSION OF ISSUE RESOLUTION.— 1969 (42 U.S.C. 4321 et seq.). cies with relevant jurisdiction in the envi- ‘‘(i) SUBMISSION TO COUNCIL ON ENVIRON- ‘‘(C) LIMITATIONS.— ronmental review process should cooperate MENTAL QUALITY.— ‘‘(i) IN GENERAL.—No transfer of funds with each other, State agencies, and Indian ‘‘(I) IN GENERAL.—If a resolution is not under subparagraph (B) relating to an indi- tribes on environmental review and water re- achieved by not later than 30 days after the vidual water resource project shall exceed, in source project delivery activities at the ear- date on which an issue resolution meeting is any fiscal year, an amount equal to 1 percent liest practicable time to avoid delays and du- held under subparagraph (B), the Secretary of the funds made available for the applica- plication of effort later in the process, pre- shall submit the matter to the Council on ble agency office. vent potential conflicts, and ensure that Environmental Quality. ‘‘(ii) FAILURE TO DECIDE.—The total planning and water resource project develop- ‘‘(II) MEETING.—Not later than 30 days amount transferred in a fiscal year as a re- ment decisions reflect environmental values; after the date on which the Council on Envi- sult of a failure by an agency to make a deci- and ronmental Quality receives a submission sion by an applicable deadline shall not ex- ‘‘(B) the cooperation referred to in sub- from the Secretary under subclause (I), the ceed an amount equal to 5 percent of the paragraph (A) should include the develop- Council on Environmental Quality shall hold funds made available for the applicable agen- ment of policies and the designation of staff an issue resolution meeting with the lead cy office for that fiscal year. that advise planning agencies and non-Fed- agency, the heads of relevant cooperating ‘‘(iii) AGGREGATE.—Notwithstanding any eral interests of studies or other information agencies and the non-Federal interest. other provision of law, for each fiscal year, foreseeably required for later Federal action ‘‘(III) ADDITIONAL HEARINGS.—The Council the aggregate amount of financial penalties and early consultation with appropriate on Environmental Quality may hold public assessed against each applicable agency of- State and local agencies and Indian tribes. meetings or hearings to obtain additional fice under title II of the Water Resources De- ‘‘(2) TECHNICAL ASSISTANCE.—If requested views and information that the Council on velopment Act of 2013 and any other Federal at any time by a State or non-Federal inter- Environmental Quality determines are nec- law as a result of a failure of the agency to est, the Secretary and other Federal agen- essary, consistent with the time frames de- make a decision by an applicable deadline cies with relevant jurisdiction in the envi- scribed in this paragraph. for environmental review, including the ronmental review process, shall, to the max- ‘‘(ii) REMEDIES.—Not later than 30 days total amount transferred under this para- imum extent practicable and appropriate, as after the date on which an issue resolution graph, shall not exceed an amount equal to determined by the agencies, provide tech- meeting is convened by the Council on Envi- 9.5 percent of the funds made available for nical assistance to the State or non-Federal ronmental Quality under clause (i)(II), the the agency office for that fiscal year. interest in carrying out early coordination Secretary shall— ‘‘(D) NO FAULT OF AGENCY.— activities. ‘‘(I) publish findings that explain how the ‘‘(i) IN GENERAL.—A transfer of funds under ‘‘(3) MEMORANDUM OF AGENCY AGREEMENT.— issue was resolved and recommendations (in- this paragraph shall not be made if the appli- If requested at any time by a State or non- cluding, where appropriate, a finding that cable agency described in subparagraph (A) Federal interest, the lead agency, in con- the submission does not support the position notifies, with a supporting explanation, the sultation with other Federal agencies with of the submitting agency); or lead agency, cooperating agencies, and non- relevant jurisdiction in the environmental ‘‘(II) if the resolution of the issue was not Federal interest, as applicable, that— review process, may establish memoranda of achieved, submit to the President for ac- ‘‘(I) the agency has not received necessary agreement with the non-Federal interest, In- tion— information or approvals from another enti- dian tribe, State and local governments, and ‘‘(aa) the submission; ty in a manner that affects the ability of the other appropriate entities to carry out the ‘‘(bb) any views or additional information agency to meet any requirements under Fed- early coordination activities, including pro- developed during any additional hearings eral, State, or local law; viding technical assistance in identifying po- under clause (i)(III); and ‘‘(II) significant new information, includ- tential impacts and mitigation issues in an ‘‘(cc) the recommendation of the Council ing from public comments, or circumstances, integrated fashion. on Environmental Quality. including a major modification to an aspect ‘‘(n) LIMITATIONS.—Nothing in this section ‘‘(6) FINANCIAL PENALTY PROVISIONS.— of the water resource project, requires addi- preempts, supersedes, amends, modifies, re- ‘‘(A) IN GENERAL.—A Federal jurisdictional tional analysis for the agency to make a de- peals, or interferes with— agency shall complete any required approval cision on the water resource project applica- ‘‘(1) any statutory or regulatory require- or decision on an expeditious basis using the tion; or ment, including for seeking, considering, or shortest existing applicable process. ‘‘(III) the agency lacks the financial re- responding to public comment; ‘‘(B) FAILURE TO DECIDE.— sources to complete the review under the ‘‘(2) any obligation to comply with the pro- ‘‘(i) IN GENERAL.—If a Federal jurisdic- scheduled time frame, including a descrip- visions any Federal law, including— tional agency fails to render a decision under tion of the number of full-time employees re- ‘‘(A) the National Environmental Policy any Federal law relating to a water resource quired to complete the review, the amount of Act of 1969 (42 U.S.C. 4321 et seq.); project that requires the preparation of an funding required to complete the review, and ‘‘(B) the regulations issued by the Council environmental impact statement or environ- a justification as to why there is not enough on Environmental Quality or any other Fed- mental assessment, including the issuance or funding available to complete the review by eral agency to carry out that Act; and denial of a permit, license, statement, opin- the deadline. ‘‘(C) any other Federal environmental law; ion, or other approval by the date described ‘‘(ii) LACK OF FINANCIAL RESOURCES.—If the ‘‘(3) the reviewability of any final Federal in clause (ii), the amount of funds made agency provides notice under clause (i)(III), agency action in a court of the United States available to support the office of the head of the Inspector General of the agency shall— or in the court of any State; the Federal jurisdictional agency shall be re- ‘‘(I) conduct a financial audit to review the ‘‘(4) any practice of seeking, considering, duced by an amount of funding equal to the notice; and or responding to public comment; or amounts specified in subclause (I) or (II) and ‘‘(II) not later than 90 days after the date ‘‘(5) any power, jurisdiction, responsibility, those funds shall be made available to the di- on which the review described in subclause duty, or authority that a Federal, State, or vision of the Federal jurisdictional agency (I) is completed, submit to the Committee on local governmental agency, Indian tribe, or

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7749 non-Federal interest has with respect to car- stones relating to feasibility studies in the graph (a), the non-Federal interest may ap- rying out a water resource project or any District developed by the Secretary under peal the completion determination of the other provision of law applicable to water re- paragraph (1). Secretary in writing with a detailed expla- source projects. ‘‘(3) NON-FEDERAL INTEREST NOTIFICATION.— nation of the basis for questioning the com- ‘‘(o) CATEGORICAL EXCLUSIONS.— Each District Engineer shall submit by cer- pleteness of the project or functional portion ‘‘(1) IN GENERAL.—Not later than 180 days tified mail the detailed project schedule of the project. after the date of enactment of this sub- under paragraph (2) to each relevant non- (2) INDEPENDENT REVIEW.— section, the Secretary shall— Federal interest— (A) IN GENERAL.—On notification that a ‘‘(A) survey the use by the Corps of Engi- ‘‘(A) for projects that have received fund- non-Federal interest has submitted an ap- neers of categorical exclusions in water re- ing from the General Investigations Account peal under paragraph (1), the Secretary shall source projects since 2005; of the Corps of Engineers in the period begin- contract with 1 or more independent, non- ‘‘(B) publish a review of the survey that in- ning on October 1, 2009, and ending on the Federal experts to evaluate whether the ap- cludes a description of— date of enactment of this section, not later plicable water resources project or func- ‘‘(i) the types of actions that were cat- than 180 days after the establishment of tional portion of the project is complete. egorically excluded or could be the basis for milestones under paragraph (1); and (B) TIMELINE.—An independent review car- developing a new categorical exclusion; and ‘‘(B) for projects for which a feasibility ried out under subparagraph (A) shall be ‘‘(ii) any requests previously received by cost-sharing agreement is executed after the completed not later than 180 days after the the Secretary for new categorical exclusions; establishment of milestones under paragraph date on which the Secretary receives an ap- and (1), not later than 90 days after the date on peal from a non-Federal interest under para- ‘‘(C) solicit requests from other Federal which the agreement is executed. graph (1). agencies and non-Federal interests for new ‘‘(4) CONGRESSIONAL AND PUBLIC NOTIFICA- SEC. 2037. PROJECT PARTNERSHIP AGREE- categorical exclusions. TION.—Beginning in the first full fiscal year MENTS. ‘‘(2) NEW CATEGORICAL EXCLUSIONS.—Not after the date of enactment of this Act, the (a) IN GENERAL.—The Secretary shall con- later than 1 year after the date of enactment Secretary shall— tract with the National Academy of Public of this subsection, if the Secretary has iden- ‘‘(A) submit an annual report that lists all Administration to carry out a comprehen- tified a category of activities that merit es- detailed project schedules under paragraph sive review of the process for preparing, ne- tablishing a categorical exclusion that did (2) and an explanation of any missed dead- gotiating, and approving Project Partnership not exist on the day before the date of enact- lines to the Committee on Environment and Agreements and the Project Partnership ment of this subsection based on the review Public Works of the Senate and the Com- Agreement template, which shall include— under paragraph (1), the Secretary shall pub- mittee on Transportation and Infrastructure (1) a review of the process for preparing, lish a notice of proposed rulemaking to pro- of the House of Representatives; and negotiating, and approving Project Partner- pose that new categorical exclusion, to the ‘‘(B) make publicly available, including on ship Agreements, as in effect on the day be- extent that the categorical exclusion meets the Internet, a copy of the annual report de- fore the date of enactment of this Act; the criteria for a categorical exclusion under scribed in subparagraph (A) not later than 14 (2) an evaluation of how the concerns of a section 1508.4 of title 40, Code of Federal Reg- days after date on which a report is sub- non-Federal interest relating to the Project ulations (or successor regulation). mitted to Congress. Partnership Agreement and suggestions for ‘‘(p) REVIEW OF WATER RESOURCE PROJECT ‘‘(5) FAILURE TO ACT.—If a District Engi- modifications to the Project Partnership ACCELERATION REFORMS.— neer fails to meet any of the deadlines in the Agreement made by a non-Federal interest ‘‘(1) IN GENERAL.—The Comptroller General project schedule under paragraph (2), the are accommodated; of the United States shall— District Engineer shall— (3) recommendations for how the concerns ‘‘(A) assess the reforms carried out under ‘‘(A) not later than 30 days after each and modifications described in paragraph (2) this section; and missed deadline, submit to the non-Federal can be better accommodated; ‘‘(B) not later than 5 years after the date of interest a report detailing— (4) recommendations for how the Project enactment of this subsection, submit to the ‘‘(i) why the District Engineer failed to Partnership Agreement template can be Committee on Transportation and Infra- meet the deadline; and made more efficient; and structure of the House of Representatives ‘‘(ii) a revised project schedule reflecting (5) recommendations for how to make the and the Committee on Environment and amended deadlines for the feasibility study; process for preparing, negotiating, and ap- Public Works of the Senate a report that de- and proving Project Partnership Agreements scribes the results of the assessment. ‘‘(B) not later than 30 days after each more efficient. ‘‘(2) INSPECTOR GENERAL REPORT.—The In- missed deadline, make publicly available, in- (b) REPORT.—The Secretary shall submit a spector General of the Corps of Engineers cluding on the Internet, a copy of the amend- report describing the findings of the Na- shall— ed project schedule described in subpara- tional Academy of Public Administration to ‘‘(A) assess the reforms carried out under graph (A)(ii).’’. the Committee on Environment and Public this section; and SEC. 2035. ACCOUNTING AND ADMINISTRATIVE Works of the Senate and the Committee on ‘‘(B) submit to the Committee on Trans- EXPENSES. Transportation and Infrastructure of the portation and Infrastructure of the House of (a) IN GENERAL.—On the request of a non- House of Representatives. Representatives and the Committee on Envi- Federal interest, the Secretary shall provide to the non-Federal interest a detailed ac- SEC. 2038. INTERAGENCY AND INTERNATIONAL ronment and Public Works of the Senate— SUPPORT AUTHORITY. counting of the Federal expenses associated ‘‘(i) not later than 2 years after the date of Section 234 of the Water Resources Devel- with a water resources project. enactment of this subsection, an initial re- opment Act of 1996 (33 U.S.C. 2323a) is amend- port of the findings of the Inspector General; (b) STUDY.— (1) IN GENERAL.—The Secretary shall con- ed— and (1) in subsection (a), by striking ‘‘other ‘‘(ii) not later than 4 years after the date of tract with the National Academy of Public Administration to carry out a study on the Federal agencies,’’ and inserting ‘‘Federal enactment of this subsection, a final report departments or agencies, nongovernmental of the findings. efficiency of the Corps Engineers current staff salaries and administrative expense organizations,’’; ‘‘(q) AUTHORIZATION.—The authority pro- (2) in subsection (b), by inserting ‘‘or for- vided by this section expires on the date that procedures as compared to using a separate administrative expense account. eign governments’’ after ‘‘organizations’’; is 10 years after the date of enactment of (3) in subsection (c), by inserting ‘‘and res- this Act.’’. (2) CONTENTS.—The study under paragraph (1) shall include any recommendations of the toration’’ after ‘‘protection’’; and SEC. 2034. FEASIBILITY STUDIES. National Academy of Public Administration (4) in subsection (d)— Section 905 of the Water Resources Devel- for improvements to the budgeting and ad- (A) in the first sentence— opment Act of 1986 (33 U.S.C. 2282) is amend- ministrative processes that will increase the (i) by striking ‘‘There is’’ and inserting ed by adding at the end the following: efficiency of the Corps of Engineers project ‘‘(1) IN GENERAL.—There is’’; and ‘‘(g) DETAILED PROJECT SCHEDULE.— delivery. (ii) by striking ‘‘2008’’ and inserting ‘‘2014’’; ‘‘(1) IN GENERAL.—Not later than 180 days and SEC. 2036. DETERMINATION OF PROJECT COM- after the date of enactment of this sub- PLETION. (B) in the second sentence— section, the Secretary shall determine a set (a) IN GENERAL.—The Secretary shall no- (i) by striking ‘‘The Secretary’’ and insert- of milestones needed for the completion of a tify the non-Federal interest when construc- ing ‘‘(2) ACCEPTANCE OF FUNDS.—The Sec- feasibility study under this subsection, in- tion of a water resources project or a func- retary’’; and cluding all major actions, report submissions tional portion of the project is completed so (ii) by striking ‘‘other Federal agencies’’ and responses, reviews, and comment peri- the non-Federal interest may commence re- and inserting ‘‘Federal departments or agen- ods. sponsibilities, as applicable, for operating cies, nongovernmental organizations’’. ‘‘(2) DETAILED PROJECT SCHEDULE MILE- and maintaining the project. SEC. 2039. ACCEPTANCE OF CONTRIBUTED STONES.—Each District Engineer shall, to the (b) NON-FEDERAL INTEREST APPEAL OF DE- FUNDS TO INCREASE LOCK OPER- maximum extent practicable, establish a de- TERMINATION.— ATIONS. tailed project schedule, based on full funding (1) IN GENERAL.—Not later than 7 days (a) IN GENERAL.—The Secretary, after pro- capability, that lists all deadlines for mile- after receiving a notification under subpara- viding public notice, shall establish a pilot

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7750 CONGRESSIONAL RECORD — SENATE October 31, 2013 program for the acceptance and expenditure mittee on Transportation and Infrastructure structure of the House of Representatives of funds contributed by non-Federal inter- of the House of Representatives a report de- the annual report described in paragraph (1); ests to increase the hours of operation of tailing the amounts expended in the previous and locks at water resources development 5 fiscal years to carry out Corps of Engineers ‘‘(B) make each report received under sub- projects. projects under section 5 of the Act entitled paragraph (A) available on a single publicly (b) APPLICABILITY.—The establishment of ‘‘An Act authorizing the construction of cer- accessible Internet site.’’. the pilot program under this section shall tain public works on rivers and harbors for SEC. 2043. NATIONAL RIVERBANK STABILIZATION not affect the periodic review and adjust- flood control, and for other purposes’’, ap- AND EROSION PREVENTION STUDY ment of hours of operation of locks based on proved August 18, 1941 (33 U.S.C. 701n). AND PILOT PROGRAM. increases in commercial traffic carried out (2) INCLUSIONS.—A report under paragraph (a) DEFINITION OF INLAND AND INTRA- by the Secretary. (1) shall, at a minimum, include a descrip- COASTAL WATERWAY.—In this section, the (c) PUBLIC COMMENT.—Not later than 180 tion of— term ‘‘inland and intracoastal waterway’’ days before a proposed modification to the (A) each structure, feature, or project for means the inland and intracoastal water- operation of a lock at a water resources de- which amounts are expended, including the ways of the United States described in sec- velopment project will be carried out, the type of structure, feature, or project and tion 206 of the Inland Waterways Revenue Secretary shall— cost of the work; and Act of 1978 (33 U.S.C. 1804). (1) publish the proposed modification in (B) how the Secretary has repaired, re- (b) PILOT PROGRAM.—The Secretary— the Federal Register; and stored, replaced, or modified each structure, (1) is authorized to study issues relating to (2) accept public comment on the proposed feature, or project or intends to restore the riverbank stabilization and erosion preven- modification. structure, feature, or project to the design tion along inland and intracoastal water- (d) REPORTS.— level of protection for the structure, feature, ways; and (1) IN GENERAL.—Not later than 1 year after or project. (2) shall establish and carry out for a pe- the date of enactment of this Act, the Sec- SEC. 2041. SYSTEMWIDE IMPROVEMENT FRAME- riod of 5 fiscal years a national riverbank retary shall submit to the Committee on WORKS. stabilization and erosion prevention pilot Transportation and Infrastructure of the A levee system shall remain eligible for reprogram to address riverbank erosion along House of Representatives and the Committee habilitation assistance under the authority inland and intracoastal waterways. on Environment and Public Works of the provided by section 5 of the Act entitled ‘‘An Senate a report that evaluates the cost-sav- (c) STUDY.— Act authorizing the construction of certain ings resulting from reduced lock hours and (1) IN GENERAL.—The Secretary, in con- public works on rivers and harbors for flood any economic impacts of modifying lock op- sultation with appropriate Federal, State, control, and for other purposes’’ (33 U.S.C. erations. local, and nongovernmental entities, shall 701n) as long as the levee system sponsor carry out a study of the options and tech- (2) REVIEW OF PILOT PROGRAM.—Not later continues to make satisfactory progress, as than September 30, 2017 and each year there- nologies available to prevent the erosion and determined by the Secretary, on an approved after, the Secretary shall submit to the Com- degradation of riverbanks along inland and systemwide improvement framework or let- mittee on Transportation and Infrastructure intracoastal waterways. ter of intent. of the House of Representatives and the (2) CONTENTS.—The study shall— Committee on Environment and Public SEC. 2042. FUNDING TO PROCESS PERMITS. (A) evaluate the nature and extent of the Works of the Senate a report that describes Section 214 of the Water Resources Devel- damages resulting from riverbank erosion the effectiveness of the pilot program under opment Act of 2000 (Public Law 106–541; 33 along inland and intracoastal waterways this section. U.S.C. 2201 note) is amended by striking sub- throughout the United States; (e) ANNUAL REVIEW.—The Secretary shall sections (d) and (e) and inserting the fol- (B) identify specific inland and intra- carry out an annual review of the commer- lowing: coastal waterways and affected wetland cial use of locks and make any necessary ad- ‘‘(d) PUBLIC AVAILABILITY.— areas with the most urgent need for restora- justments to lock operations based on that ‘‘(1) IN GENERAL.—The Secretary shall en- tion; review. sure that all final permit decisions carried (C) analyze any legal requirements with re- (f) TERMINATION.—The authority to accept out using funds authorized under this section gard to maintenance of bank lines of inland funds under this section shall terminate 5 are made available to the public in a com- and intracoastal waterways, including a years after the date of enactment of this mon format, including on the Internet, and comparison of Federal, State, and private ob- Act. in a manner that distinguishes final permit ligations and practices; SEC. 2040. EMERGENCY RESPONSE TO NATURAL decisions under this section from other final (D) assess and compare policies and man- DISASTERS. actions of the Secretary. agement practices to protect surface areas (a) IN GENERAL.—Section 5(a)(1) of the Act ‘‘(2) DECISION DOCUMENT.—The Secretary adjacent to inland and intracoastal water- entitled ‘‘An Act authorizing the construc- shall— ways applied by various Districts of the tion of certain public works on rivers and ‘‘(A) use a standard decision document for Corps of Engineers; and harbors for flood control, and for other pur- evaluating all permits using funds accepted (E) make any recommendations the Sec- poses’’, approved August 18, 1941 (33 U.S.C. under this section; and retary determines to be appropriate. 701n(a)(1)), is amended in the first sentence— ‘‘(B) make the standard decision document, (d) RIVERBANK STABILIZATION AND EROSION (1) by inserting ‘‘and subject to the condi- along with all final permit decisions, avail- PREVENTION PILOT PROGRAM.— tion that the Chief of Engineers may include able to the public, including on the Internet. (1) IN GENERAL.—The Secretary shall de- modifications to the structure or project’’ ‘‘(3) AGREEMENTS.—The Secretary shall velop a pilot program for the construction of after ‘‘work for flood control’’; and make all active agreements to accept funds riverbank stabilization and erosion preven- (2) by striking ‘‘structure damaged or de- under this section available on a single pub- tion projects on public land along inland and stroyed by wind, wave, or water action of lic Internet site. intracoastal waterways if the Secretary de- other than an ordinary nature when in the ‘‘(e) REPORTING.— termines that the projects are technically discretion of the Chief of Engineers such re- ‘‘(1) IN GENERAL.—The Secretary shall pre- feasible, environmentally acceptable, eco- pair and restoration is warranted for the pare an annual report on the implementation nomically justified, and lower maintenance adequate functioning of the structure for of this section, which, at a minimum, shall costs of those inland and intracoastal water- hurricane or shore protection’’ and inserting include for each district of the Corps of Engi- ways. ‘‘structure or project damaged or destroyed neers that accepts funds under this section— (2) PILOT PROGRAM GOALS.—A project under by wind, wave, or water action of other than ‘‘(A) a comprehensive list of any funds ac- the pilot program shall, to the maximum ex- an ordinary nature to the design level of pro- cepted under this section during the previous tent practicable— tection when, in the discretion of the Chief fiscal year; (A) develop or demonstrate innovative of Engineers, such repair and restoration is ‘‘(B) a comprehensive list of the permits technologies; warranted for the adequate functioning of reviewed and approved using funds accepted (B) implement efficient designs to prevent the structure or project for hurricane or under this section during the previous fiscal erosion at a riverbank site, taking into ac- shore protection, subject to the condition year, including a description of the size and count the lifecycle cost of the design, includ- that the Chief of Engineers may include type of resources impacted and the mitiga- ing cleanup, maintenance, and amortization; modifications to the structure or project to tion required for each permit; and (C) prioritize natural designs, including the address major deficiencies or implement ‘‘(C) a description of the training offered in use of native and naturalized vegetation or nonstructural alternatives to the repair or the previous fiscal year for employees that is temporary structures that minimize perma- restoration of the structure if requested by funded in whole or in part with funds accept- nent structural alterations to the riverbank; the non-Federal sponsor’’. ed under this section. (D) avoid negative impacts to adjacent (b) REPORT.— ‘‘(2) SUBMISSION.—Not later than 90 days communities; (1) IN GENERAL.—Not later than 1 year after after the end of each fiscal year, the Sec- (E) identify the potential for long-term the date of enactment of this Act and every retary shall— protection afforded by the innovative tech- 2 years thereafter, the Secretary shall sub- ‘‘(A) submit to the Committee on Environ- nology; and mit to the Committee on Environment and ment and Public Works of the Senate and (F) provide additional benefits, including Public Works of the Senate and the Com- the Committee on Transportation and Infra- reduction of flood risk.

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(3) PROJECT SELECTIONS.—The Secretary signed feasibility cost share agreements and (b) COOPERATIVE MANAGEMENT.— shall develop criteria for the selection of have received Federal funds since 2009; and (1) PROGRAM.— projects under the pilot program, including (B) authorized hurricane and storm dam- (A) IN GENERAL.—Subject to subparagraph criteria based on— age reduction projects that— (B), the Secretary may enter into an agree- (A) the extent of damage and land loss re- (i) have been authorized for more than 20 ment with a State or local government to sulting from riverbank erosion; years but are less than 75 percent complete; provide for the cooperative management of a (B) the rate of erosion; or public recreation area if— (C) the significant threat of future flood (ii) are undergoing a post-authorization (i) the public recreation area is located— risk to public or private property, public in- change report, general reevaluation report, (I) at a lake or reservoir operated by the frastructure, or public safety; or limited reevaluation report; Corps of Engineers; and (D) the destruction of natural resources or (2) identify those projects on the list re- (II) adjacent to or near a State or local habitats; and quired under paragraph (1) that meet the cri- park or recreation area; and (E) the potential cost-savings for mainte- teria described in subsection (b); and (ii) the Secretary determines that coopera- nance of the channel. (3) provide a plan for expeditiously com- tive management between the Corps of Engi- (4) CONSULTATION.—The Secretary shall pleting the projects identified under para- neers and a State or local government agen- carry out the pilot program in consultation graph (2), subject to available funding. cy of a portion of the Corps of Engineers with— (d) PRIORITIZATION OF NEW STUDIES FOR recreation area or State or local park or (A) Federal, State, and local governments; HURRICANE AND STORM DAMAGE RISK REDUC- recreation area will allow for more effective (B) nongovernmental organizations; and TION.—In selecting new studies for hurricane and efficient management of those areas. (C) applicable university research facili- and storm damage reduction to propose to (B) RESTRICTION.—The Secretary may not ties. Congress under section 4002, the Secretary transfer administration responsibilities for (5) REPORT.—Not later than 1 year after shall give priority to studies— any public recreation area operated by the the first fiscal year for which amounts to (1) that— Corps of Engineers. carry out this section are appropriated, and (A) have been recommended in a com- (2) ACQUISITION OF GOODS AND SERVICES.— every year thereafter, the Secretary shall prehensive hurricane protection study car- The Secretary may acquire from or provide prepare and submit to the Committee on En- ried out by the Corps of Engineers; or to a State or local government with which vironment and Public Works of the Senate (B) are included in a State plan or program the Secretary has entered into a cooperative and the Committee on Transportation and for hurricane, storm damage reduction, flood agreement under paragraph (1) goods and Infrastructure of the House of Representa- control, coastal protection, conservation, or services to be used by the Secretary and the tives a report describing— restoration, that is created in consultation State or local government in the cooperative (A) the activities carried out and accom- with the Corps of Engineers or other rel- management of the areas covered by the plishments made under the pilot program evant Federal agencies; and agreement. since the previous report under this para- (2) for areas for which the President de- (3) ADMINISTRATION.—The Secretary may graph; and clared a major disaster in accordance with enter into 1 or more cooperative manage- (B) any recommendations of the Secretary section 401 of the Robert T. Stafford Disaster ment agreements or such other arrange- relating to the program. Relief and Emergency Assistance Act (42 ments as the Secretary determines to be ap- (e) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 5170). propriate, including leases or licenses, with There is authorized to be appropriated to SEC. 2045. PRIORITIZATION OF ECOSYSTEM RES- non-Federal interests to share the costs of carry out this section $25,000,000 for each of TORATION EFFORTS. operation, maintenance, and management of fiscal years 2014 through 2019. For authorized projects with a primary recreation facilities and natural resources at SEC. 2044. HURRICANE AND STORM DAMAGE purpose of ecosystem restoration, the Sec- recreation areas that are jointly managed RISK REDUCTION PRIORITIZATION. retary shall give funding priority to and funded under this subsection. (a) PURPOSES.—The purposes of this section projects— (c) FUNDING TRANSFER AUTHORITY.— are— (1) that— (1) IN GENERAL.—If the Secretary deter- (1) to provide adequate levels of protection (A) address an identified threat to public mines that it is in the public interest for to communities impacted by natural disas- health, safety, or welfare; purposes of enhancing recreation opportuni- ters, including hurricanes, tropical storms, (B) preserve or restore ecosystems of na- ties at Corps of Engineers water resources and other related extreme weather events; tional significance; or development projects, the Secretary may and (C) preserve or restore habitats of impor- transfer funds appropriated for resource pro- (2) to expedite critical water resources tance for federally protected species, includ- tection, research, interpretation, and main- projects in communities that have histori- ing migratory birds; and tenance activities related to resource protec- cally been and continue to remain suscep- (2) for which the restoration activities will tion in the areas at which outdoor recreation tible to extreme weather events. contribute to other ongoing or planned Fed- is available at those Corps of Engineers (b) PRIORITY.—For authorized projects and eral, State, or local restoration initiatives. water resource development projects to ongoing feasibility studies with a primary State, local, and tribal governments and SEC. 2046. SPECIAL USE PERMITS. purpose of hurricane and storm damage risk such other public or private nonprofit enti- (a) SPECIAL USE PERMITS.— reduction, the Secretary shall give funding ties as the Secretary determines to be appro- (1) IN GENERAL.—The Secretary may issue priority to projects and ongoing studies priate. special permits for uses such as group activi- that— (2) COOPERATIVE AGREEMENTS.—Any trans- ties, recreation events, motorized recreation (1) address an imminent threat to life and fer of funds pursuant to this subsection shall vehicles, and such other specialized recre- property; be carried out through the execution of a co- ation uses as the Secretary determines to be (2) prevent storm surge from inundating operative agreement, which shall contain appropriate, subject to such terms and condi- populated areas; such terms and conditions as the Secretary tions as the Secretary determines to be in (3) prevent the loss of coastal wetlands determines to be necessary in the public in- the best interest of the Federal Government. that help reduce the impact of storm surge; terest. (4) protect emergency hurricane evacu- (2) FEES.— (d) SERVICES OF VOLUNTEERS.—Chapter IV ation routes or shelters; (A) IN GENERAL.—In carrying out this sub- of title I of Public Law 98–63 (33 U.S.C. 569c) (5) prevent adverse impacts to publicly section, the Secretary may— is amended— owned or funded infrastructure and assets; (i) establish and collect fees associated (1) in the first sentence, by inserting ‘‘, in- (6) minimize disaster relief costs to the with the issuance of the permits described in cluding expenses relating to uniforms, trans- Federal Government; and paragraph (1); or portation, lodging, and the subsistence of (7) address hurricane and storm damage (ii) accept in-kind services in lieu of those those volunteers, without regard to the place risk reduction in an area for which the Presi- fees. of residence of the volunteers,’’ after ‘‘inci- dent declared a major disaster in accordance (B) OUTDOOR RECREATION EQUIPMENT.—The dental expenses’’; and with section 401 of the Robert T. Stafford Secretary may establish and collect fees for (2) by inserting after the first sentence the Disaster Relief and Emergency Assistance the provision of outdoor recreation equip- following: ‘‘The Chief of Engineers may also Act (42 U.S.C. 5170). ment and services at public recreation areas provide awards of up to $100 in value to vol- (c) EXPEDITED CONSIDERATION OF CUR- located at lakes and reservoirs operated by unteers in recognition of the services of the RENTLY AUTHORIZED PROJECTS.—Not later the Corps of Engineers. volunteers.’’ than 180 days after the date of enactment of (C) USE OF FEES.—Any fees generated pur- (e) TRAINING AND EDUCATIONAL ACTIVI- this Act, the Secretary shall— suant to this subsection shall be— TIES.—Section 213(a) of the Water Resources (1) submit to the Committee on Environ- (i) retained at the site collected; and Development Act of 2000 (33 U.S.C. 2339) is ment and Public Works of the Senate and (ii) available for use, without further ap- amended by striking ‘‘at’’ and inserting the Committee on Transportation and Infra- propriation, solely for administering the spe- ‘‘about’’. structure of the House of Representatives a cial permits under this subsection and car- SEC. 2047. OPERATIONS AND MAINTENANCE ON list of all— rying out related operation and maintenance FUEL TAXED INLAND WATERWAYS. (A) ongoing hurricane and storm damage activities at the site at which the fees are (a) IN GENERAL.—Notwithstanding any reduction feasibility studies that have collected. other provision of law, the Secretary shall

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7752 CONGRESSIONAL RECORD — SENATE October 31, 2013 have responsibility for 65 percent of the costs ‘‘(A) projects or separable elements of (bb) remain on the Executive Calendar of the operation, maintenance, repair, reha- projects authorized for construction for under that heading until the Executive Clerk bilitation, and replacement of any flood which funding has been obligated in the 5 receives a written certification from the gate, as well as any pumping station con- previous fiscal years; Chairman of the committee of jurisdiction structed within the channel as a single unit ‘‘(B) the amount of funding obligated per under subclause (II). with that flood gate, that— fiscal year; (II) QUESTIONNAIRES.—The Chairman of the (1) was constructed as of the date of enact- ‘‘(C) the current phase of each project or Committee on Environment and Public ment of this Act as a feature of an author- separable element of a project; and Works of the Senate shall notify the Execu- ized hurricane and storm damage reduction ‘‘(D) the amount required to complete tive Clerk in writing when the appropriate project; and those phases. biographical and financial questionnaires (2) crosses an inland or intracoastal water- ‘‘(4) REPORT.— have been received from an individual nomi- way described in section 206 of the Inland ‘‘(A) IN GENERAL.—Not later than 180 days nated for a position under clause (i). Waterways Revenue Act of 1978 (33 U.S.C. after the date of enactment of the Water Re- (III) PRIVILEGED NOMINATIONS; INFORMATION 1804). sources Development Act of 2013, the Sec- RECEIVED.—On receipt of the certification (b) PAYMENT OPTIONS.—For rehabilitation retary shall compile and publish a complete under subclause (II), the nomination shall— or replacement of any structure under this list of all uncompleted, authorized projects (aa) be placed on the Executive Calendar section, the Secretary may apply to the full of the Corps of Engineers, including for each under the heading ‘‘Privileged Nomination— non-Federal contribution the payment op- project on that list— Information Received’’ and remain on the tion provisions under section 103(k) of the ‘‘(i) the original budget authority for the Executive Calendar under that heading for 10 Water Resources Development Act of 1986 (33 project; session days; and U.S.C. 2213(k)). ‘‘(ii) the status of the project; (bb) after the expiration of the period re- SEC. 2048. CORROSION PREVENTION. ‘‘(iii) the estimated date of completion of ferred to in item (aa), be placed on the (a) GUIDANCE AND PROCEDURES.—The Sec- the project; ‘‘Nominations’’ section of the Executive Cal- retary shall develop guidance and procedures ‘‘(iv) the estimated cost of completion of endar. for the certification of qualified contractors the project; and (IV) REFERRAL TO COMMITTEE OF JURISDIC- for— ‘‘(v) any amounts for the project that re- TION.—During the period when a nomination (1) the application of protective coatings; main unobligated. under clause (i) is listed under the ‘‘Privi- and ‘‘(B) PUBLICATION.— leged Nomination—Information Requested’’ (2) the removal of hazardous protective ‘‘(i) IN GENERAL.—The Secretary shall subsection of the Executive Calendar described coatings. mit a copy of the list under subparagraph (A) in subclause (I)(aa) or the ‘‘Privileged Nomi- (b) REQUIREMENTS.—Except as provided in to— nation—Information Received’’ section of subsection (c), the Secretary shall use cer- ‘‘(I) the appropriate committees of Con- the Executive Calendar described in sub- tified contractors for— gress; and clause (III)(aa)— (1) the application of protective coatings ‘‘(II) the Director of the Office of Manage- (aa) any Senator may request on his or her for complex work involving steel and cemen- ment and Budget. own behalf, or on the behalf of any identified titious structures, including structures that Senator that the nomination be referred to ‘‘(ii) PUBLIC AVAILABILITY.—Not later than will be exposed in immersion; the appropriate committee of jurisdiction; 30 days after providing the report to Con- (2) the removal of hazardous coatings or and gress under clause (i), the Secretary shall other hazardous materials that are present (bb) if a Senator makes a request described make a copy of the list available on a pub- in sufficient concentrations to create an oc- in paragraph item (aa), the nomination shall licly accessible Internet site, in a manner cupational or environmental hazard; and be referred to the appropriate committee of that is downloadable, searchable, and sort- (3) any other activities the Secretary de- jurisdiction. able.’’. termines to be appropriate. (V) EXECUTIVE CALENDAR.—The Secretary (c) EXCEPTION.—The Secretary may ap- (b) INFRASTRUCTURE DEAUTHORIZATION COM- of the Senate shall create the appropriate prove exceptions to the use of certified con- MISSION.— sections on the Executive Calendar to reflect tractors under subsection (b) only after pub- (1) PURPOSES.—The purposes of this sub- and effectuate the requirements of this lic notice, with the opportunity for com- section are— clause. ment, of any such proposal. (A) to establish a process for identifying (VI) COMMITTEE JUSTIFICATION FOR NEW EX- SEC. 2049. PROJECT DEAUTHORIZATIONS. authorized Corps of Engineers water re- ECUTIVE POSITIONS.—The report accom- (a) IN GENERAL.—Section 1001(b) of the sources projects that are no longer in the panying each bill or joint resolution of a Water Resources Development Act of 1986 (33 Federal interest and no longer feasible; public character reported by any committee U.S.C. 579a(b)) is amended— (B) to create a commission— shall contain an evaluation and justification (1) by striking paragraph (2) and inserting (i) to review suggested deauthorizations, made by that committee for the establish- the following: including consideration of recommendations ment in the measure being reported of any ‘‘(2) LIST OF PROJECTS.— of the States and the Secretary for the de- new position appointed by the President ‘‘(A) IN GENERAL.—Notwithstanding section authorization of water resources projects; within an existing or new Federal entity. 3003 of Public Law 104–66 (31 U.S.C. 1113 note; and (iii) QUALIFICATIONS.—Members of the 109 Stat. 734), each year, after the submission (ii) to make recommendations to Congress; Commission shall be knowledgeable about of the list under paragraph (1), the Secretary (C) to ensure public participation and com- Corps of Engineers water resources projects. shall submit to Congress a list of projects or ment; and (iv) GEOGRAPHICAL DIVERSITY.—To the separable elements of projects that have (D) to provide oversight on any rec- maximum extent practicable, the members been authorized but that have received no ommendations made to Congress by the of the Commission shall be geographically obligations during the 5 full fiscal years pre- Commission. diverse. ceding the submission of that list. (2) INFRASTRUCTURE DEAUTHORIZATION COM- (D) COMPENSATION OF MEMBERS.— ‘‘(B) ADDITIONAL NOTIFICATION.—On submis- MISSION.— (i) IN GENERAL.—Each member of the Com- sion of the list under subparagraph (A) to (A) ESTABLISHMENT.—There is established mission who is not an officer or employee of Congress, the Secretary shall notify— an independent commission to be known as the Federal Government shall be com- ‘‘(i) each Senator in whose State and each the ‘‘Infrastructure Deauthorization Com- pensated at a rate equal to the daily equiva- Member of the House of Representatives in mission’’ (referred to in this paragraph as lent of the annual rate of basic pay pre- whose district a project (including any part the ‘‘Commission’’). scribed for level IV of the Executive Sched- of a project) on that list would be located; (B) DUTIES.—The Commission shall carry ule under section 5315 of title 5, United and out the review and recommendation duties States Code, for each day (including travel ‘‘(ii) each applicable non-Federal interest described in paragraph (5). time) during which the member is engaged in associated with a project (including any part (C) MEMBERSHIP.— the performance of the duties of the Com- of a project) on that list. (i) IN GENERAL.—The Commission shall be mission. ‘‘(C) DEAUTHORIZATION.—A project or sepa- composed of 8 members, who shall be ap- (ii) FEDERAL EMPLOYEES.—All members of rable element included in the list under sub- pointed by the President, by and with the ad- the Commission who are officers or employ- paragraph (A) is not authorized after the last vice and consent of the Senate according to ees of the United States shall serve without date of the fiscal year following the fiscal the expedited procedures described in clause compensation in addition to that received year in which the list is submitted to Con- (ii). for their services as officers or employees of gress, if funding has not been obligated for (ii) EXPEDITED NOMINATION PROCEDURES.— the United States. the planning, design, or construction of the (I) PRIVILEGED NOMINATIONS; INFORMATION (iii) TRAVEL EXPENSES.—The members of project or element of the project during that REQUESTED.—On receipt by the Senate of a the Commission shall be allowed travel ex- period.’’; and nomination under clause (i), the nomination penses, including per diem in lieu of subsist- (2) by adding at the end the following: shall— ence, at rates authorized for employees of ‘‘(3) MINIMUM FUNDING LIST.—At the end of (aa) be placed on the Executive Calendar agencies under subchapter I of chapter 57 of each fiscal year, the Secretary shall submit under the heading ‘‘Privileged Nomina- title 5, United States Code, while away from to Congress a list of— tions—Information Requested’’; and their homes or regular places of business in

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7753 the performance of service for the Commis- after the date on which the Commission sub- of insurance or a similar credit support for a sion. mits the list to Congress. debt financing instrument, the proceeds of (3) STATE WATER RESOURCES INFRASTRUC- (6) APPLICATION.—For purposes of this sub- which are used to support a contracted con- TURE PLAN.—Not later than 2 years after the section, water resources projects shall in- struction project.’’. date of enactment of this Act, each State, in clude environmental infrastructure assist- SEC. 2052. INVASIVE SPECIES REVIEW. consultation with local interests, may de- ance projects and programs of the Corps of The Secretary, in consultation with the velop and submit to the Commission, the Engineers. Director of the United States Fish and Wild- Committee on Environment and Public SEC. 2050. REPORTS TO CONGRESS. life Service, the Chairman of the Tennessee Works of the Senate, and the Committee on (a) IN GENERAL.—Subject to the avail- Valley Authority, and other applicable heads Transportation and Infrastructure of the ability of appropriations, the Secretary shall of Federal agencies, shall— House of Representatives, a detailed state- complete and submit to Congress by the ap- (1) carry out a review of existing Federal wide water resources plan that includes a plicable date required the reports that ad- authorities relating to responding to list of each water resources project that the dress public safety and enhanced local par- invasive species, including aquatic weeds, State recommends for deauthorization. ticipation in project delivery described in aquatic snails, and other aquatic invasive (4) CORPS OF ENGINEERS INFRASTRUCTURE subsection (b). species, that have an impact on water re- PLAN.—Not later than 2 years after the date (b) REPORTS.—The reports referred to in sources; and of enactment of this Act, the Secretary shall subsection (a) are the reports required (2) based on the review under paragraph (1), submit to the Commission, the Committee under— make any recommendations to Congress and on Environment and Public Works of the (1) section 2020; applicable State agencies for improving Fed- Senate, and the Committee on Transpor- (2) section 2022; eral and State laws to more effectively re- tation and Infrastructure of the House of (3) section 2025; spond to the threats posed by those invasive Representatives a detailed plan that— (4) section 2026; species. (A) contains a detailed list of each water (5) section 2039; SEC. 2053. WETLANDS CONSERVATION STUDY. resources project that the Corps of Engineers (6) section 2040; (a) IN GENERAL.—The Comptroller General recommends for deauthorization; and (7) section 6007; and of the United States shall carry out a study (B) is based on assessment by the Sec- (8) section 10015. to identify all Federal programs relating to retary of the needs of the United States for (c) FAILURE TO PROVIDE A COMPLETED RE- wetlands conservation. (b) REPORT.—The Comptroller General of water resources infrastructure, taking into PORT.— the United States shall submit to Congress a account public safety, the economy, and the (1) IN GENERAL.—Subject to subsection (d), environment. if the Secretary fails to provide a report list- report based on the study under subsection (a) describing options for maximizing wet- (5) REVIEW AND RECOMMENDATION COMMIS- ed under subsection (b) by the date that is lands conservation benefits while reducing SION.— 180 days after the applicable date required redundancy, increasing efficiencies, and re- (A) IN GENERAL.—On the appointment and for that report, $5,000 shall be reprogrammed ducing costs. confirmation of all members of the Commis- from the General Expenses account of the sion, the Commission shall solicit public civil works program of the Army Corps of SEC. 2054. DAM MODIFICATION STUDY. comment on water resources infrastructure Engineers into the account of the division of (a) IN GENERAL.—The Comptroller General issues and priorities and recommendations the Army Corps of Engineers with responsi- of the United States shall, in consultation for deauthorization, including by— bility for completing that report. with the Corps of Engineers, the South- eastern Power Administration, Federal hy- (i) holding public hearings throughout the (2) SUBSEQUENT REPROGRAMMING.—Subject dropower customers, downstream commu- United States; and to subsection (d), for each additional week nities, and other stakeholders, carry out a (ii) receiving written comments. after the date described in paragraph (1) in study to evaluate the structural modifica- (B) RECOMMENDATIONS.— which a report described in that paragraph tions made at Federal dams in the Cum- (i) IN GENERAL.—Not later than 4 years remains uncompleted and unsubmitted to berland River Basin beginning on January 1, after the date of enactment of this Act, the Congress, $5,000 shall be reprogrammed from 2000. Commission shall submit to Congress a list the General Expenses account of the civil (b) CONTENTS.—The study under subsection of water resources projects of the Corps of works program of the Army Corps of Engi- (a) shall examine— Engineers for deauthorization. neers into the account of the division of the (1) whether structural modifications at (ii) CONSIDERATIONS.—In carrying out this Secretary of the Army with responsibility each dam have utilized new state-of-the-art paragraph, the Commission shall establish for completing that report. design criteria deemed necessary for safety criteria for evaluating projects for deauthor- (d) LIMITATIONS.— purposes that have not been used in other ization, which shall include consideration (1) IN GENERAL.—For each report, the total circumstances; of— amounts reprogrammed under subsection (c) (2) whether structural modifications at (I) the infrastructure plans submitted by shall not exceed, in any fiscal year, $50,000. each dam for downstream safety were exe- the States and the Secretary under para- (2) AGGREGATE LIMITATION.—The total cuted in accordance with construction cri- graphs (3) and (4); amount reprogrammed under subsection (c) teria that had changed from the original (II) any public comment received during in a fiscal year shall not exceed $200,000. construction criteria; the period described in subparagraph (A); (e) NO FAULT OF THE SECRETARY.—Amounts (3) whether structural modifications at (III) public safety and security; shall not be reprogrammed under subsection each dam assured safety; (IV) the environment; and (c) if the Secretary certifies in a letter to the (4) any estimates by the Corps of Engineers (V) the economy. applicable committees of Congress that— of consequences of total dam failure if state- (C) NON-ELIGIBLE PROJECTS.—The following (1) a major modification has been made to of-the-art construction criteria deemed nec- types of projects shall not be eligible for re- the content of the report that requires addi- essary for safety purposes were not em- view for deauthorization by the Commission: tional analysis for the Secretary to make a ployed; and (i) Any project authorized after the date of final decision on the report; (5) whether changes in underlying geology enactment of the Water Resources Develop- (2) amounts have not been appropriated to at any of the Federal dams in the Cum- ment Act of 1996 (Public Law 104–303; 110 the agency under this Act or any other Act berland River Basin required structural Stat. 3658), including any project that has to carry out the report; or modifications to assure dam safety. been reauthorized after that date. (3) additional information is required from (c) REPORT.—Not later than 1 year after (ii) Any project that, as of the date of en- an entity other than the Corps of Engineers the date of enactment of this Act, the Comp- actment of this Act, is undergoing a review and is not available in a timely manner to troller General of the United States shall by the Corps of Engineers. complete the report by the deadline. submit to Congress a report based on the (iii) Any project that has received appro- (f) LIMITATION.—The Secretary shall not study under subsection (a) with findings on priations in the 10-year period ending on the reprogram funds to reimburse the Office of whether, with respect to structural modifica- date of enactment of this Act. the Assistant Secretary of the Army for tions at Federal dams in the Cumberland (iv) Any project that, on the date of enact- Civil Works for the loss of the funds. River Basin, the Corps of Engineers has se- ment of this Act, is more than 50 percent (g) AUTHORIZATION OF APPROPRIATIONS.— lected and implemented design criteria that complete. There is authorized to be appropriated to rely on state-of-the-art design and construc- (v) Any project that has a viable non-Fed- carry out this section $10,000,000. tion criteria that will provide for the safety eral sponsor. SEC. 2051. INDIAN SELF-DETERMINATION AND of downstream communities. (D) CONGRESSIONAL DISAPPROVAL.—Any EDUCATION ASSISTANCE ACT CON- SEC. 2055. NON-FEDERAL PLANS TO PROVIDE AD- water resources project recommended for de- FORMING AMENDMENT. DITIONAL FLOOD RISK REDUCTION. authorization on the list submitted to Con- Section 106(k) of the Indian Self-Deter- (a) IN GENERAL.—If requested by a non- gress under subparagraph (B) shall be mination and Education Assistance Act (25 Federal interest, the Secretary shall con- deemed to be deauthorized unless Congress U.S.C. 450j–1(k)) is amended by adding at the struct a locally preferred plan that provides passes a joint resolution disapproving of the end the following: a higher level of protection than a flood risk entire list of deauthorized water resources ‘‘(13) Interest payments, the retirement of management project authorized under this projects prior to the date that is 180 days principal, the costs of issuance, and the costs Act if the Secretary determines that—

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7754 CONGRESSIONAL RECORD — SENATE October 31, 2013 (1) the plan is technically feasible and en- Maintenance Policies’’, published by the (2) the Tennessee-Tombigbee Authority is vironmentally acceptable; and Corps of Engineers on November 29, 1996, and the regional non-Federal sponsor of the Ten- (2) the benefits of the plan exceed the costs any related regulations or guidance. nessee-Tombigbee Waterway; of the plan. (2) STATE.—The term ‘‘State’’ means the (3) the Tennessee-Tombigbee Waterway, (b) NON-FEDERAL COST SHARE.—If the Sec- applicable agency of the State (including an completed in 1984, has fueled growth in the retary constructs a locally preferred plan official of that agency) in which the applica- United States economy by reducing trans- under subsection (a), the Federal share of the ble dam is located that is responsible for en- portation costs and encouraging economic cost of the project shall be not greater than forcing boater safety. development; and the share as provided by law for elements of (b) RESTRICTION ON PHYSICAL BARRIERS.— (4) the selfless determination and tireless the national economic development plan. Subject to subsection (c), the Secretary, act- work of Donald G. Waldon, while serving as SEC. 2056. MISSISSIPPI RIVER FORECASTING IM- ing through the Chief of Engineers, in the es- administrator of the waterway compact for PROVEMENTS. tablishing and enforcing restricted areas, 21 years, contributed greatly to the realiza- (a) IN GENERAL.—The Secretary, in con- shall not take any action to establish a per- tion and success of the Tennessee-Tombigbee sultation with the Secretary of the depart- manent physical barrier to prevent public Waterway. ment in which the Coast Guard is operating, access to waters downstream of a dam owned (b) SENSE OF CONGRESS.—It is the sense of the Director of the United States Geological by the Corps of Engineers. Survey, the Administrator of the National (c) EXCLUSIONS.—For purposes of this sec- Congress that, at an appropriate time and in Oceanic and Atmospheric Administration, tion, the installation and maintenance of accordance with the rules of the House of and the Director of the National Weather measures for alerting the public of hazardous Representatives and the Senate, the lock and Service, as applicable, shall improve fore- water conditions and restricted areas, in- dam located at mile 357.5 on the Tennessee- casting on the Mississippi River by— cluding sirens, strobe lights, and signage, Tombigbee Waterway should be known and shall not be considered to be a permanent (1) updating forecasting technology de- designated as the ‘‘Donald G. Waldon Lock physical barrier under subsection (b). ployed on the Mississippi River and its tribu- (d) ENFORCEMENT.— and Dam’’. taries through— (1) IN GENERAL.—Enforcement of a re- (A) the construction of additional auto- SEC. 2061. IMPROVING PLANNING AND ADMINIS- stricted area shall be the sole responsibility mated river gages; TRATION OF WATER SUPPLY STOR- of a State. AGE. (B) the rehabilitation of existing auto- (2) EXISTING AUTHORITIES.—The Secretary mated and manual river gages; and (a) IN GENERAL.—The Secretary shall carry shall not assess any penalty for entrance (C) the replacement of manual river gages into a restricted area under section 4 of the out activities to enable non-Federal inter- with automated gages, as the Secretary de- Act entitled ‘‘An Act authorizing the con- ests to anticipate and accurately budget for termines to be necessary; struction of certain public works on rivers annual operations and maintenance costs (2) constructing additional sedimentation and harbors for flood control, and for other and, as applicable, repair, rehabilitation, and ranges on the Mississippi River and its tribu- purposes’’, approved December 22, 1944 (16 replacements costs, including through— taries; and U.S.C. 460d). (1) the formulation by the Secretary of a (3) deploying additional automatic identi- (e) DEVELOPMENT OR MODIFICATION OF RE- uniform billing statement format for those fication system base stations at river gage STRICTED AREAS.—In establishing a new re- storage agreements relating to operations sites. stricted area or modifying an existing re- and maintenance costs, and as applicable, re- (b) PRIORITIZATION.—In carrying out this stricted area, the Secretary shall— pair, rehabilitation, and replacement costs, section, the Secretary shall prioritize the (1) ensure that any restrictions are based sections of the Mississippi River on which incurred by the Secretary, which, at a min- on operational conditions that create haz- imum, shall include— additional and more reliable information ardous waters; and would have the greatest impact on maintain- (A) a detailed description of the activities (2) publish a draft describing the restricted carried out relating to the water supply as- ing navigation on the Mississippi River. area and seek and consider public comment (c) REPORT.—Not later than 1 year after pects of the project; on that draft prior to establishing or modi- (B) a clear explanation of why and how the date of enactment of this Act, the Sec- fying any restricted area. retary shall submit to Congress a report on those activities relate to the water supply (f) EFFECTIVE DATE.— aspects of the project; and the activities carried out by the Secretary (1) IN GENERAL.—Subject to paragraph (2), under this section. (C) a detailed accounting of the cost of car- this section shall apply to the establishment rying out those activities; and SEC. 2057. FLEXIBILITY IN MAINTAINING NAVIGA- of a new restricted area or the modification (2) a review by the Secretary of the regula- TION. of an existing restricted area on or after Au- tions and guidance of the Corps of Engineers (a) IN GENERAL.—If the Secretary, in con- gust 1, 2012. relating to criteria and methods for the equi- sultation with the Secretary of the depart- (2) EXISTING RESTRICTIONS.—If the Sec- table distribution of joint project costs ment in which the Coast Guard is operating, retary, acting through the Chief of Engi- across project purposes in order to ensure determines it to be critical to maintaining neers, has established a new restricted area consistency in the calculation of the appro- safe and reliable navigation within the au- or modified an existing restricted area dur- priate share of joint project costs allocable thorized Federal navigation channel on the ing the period beginning on August 1, 2012, to the water supply purpose. Mississippi River, the Secretary may carry and ending on the date of enactment of this out only those activities outside the author- Act, the Secretary shall— (b) REPORT TO CONGRESS.— ized Federal navigation channel along the (A) cease implementing the restricted area (1) IN GENERAL.—Not later than 1 year after Mississippi River, including the construction until the later of— the date of enactment of this Act, the Sec- and operation of maintenance of fleeting (i) such time as the restricted area meets retary shall submit to Congress a report on areas, that are necessary for safe and reli- the requirements of this section; and the findings of the reviews carried out under able navigation in the Federal channel. (ii) the date that is 2 years after the date subsection (a)(2) and any subsequent actions (b) REPORT.—Not later than 60 days after of enactment of this Act; and taken by the Secretary relating to those re- initiating an activity under this section, the (B) remove any permanent physical bar- views. Secretary shall submit to the Committee on riers constructed in connection with the re- (2) INCLUSIONS.—The report under para- Environment and Public Works of the Senate stricted area. graph (1) shall include an analysis of the fea- and the Committee on Transportation and SEC. 2059. MAXIMUM COST OF PROJECTS. sibility and costs associated with the provi- Infrastructure of the House of Representa- Section 902 of the Water Resources Devel- sion by the Secretary to each non-Federal tives a report that includes— opment Act of 1986 (33 U.S.C. 2280) is amend- interest of not less than 1 statement each (1) a description of the activities under- ed— year that details for each water storage taken, including the costs associated with (1) by striking ‘‘In order to’’ and inserting agreement with non-Federal interests at the activities; and the following: Corps of Engineers projects the estimated (2) a comprehensive description of how the ‘‘(a) IN GENERAL.—In order to’’; and amount of the operations and maintenance activities are necessary for maintaining safe (2) by adding at the end the following: costs and, as applicable, the estimated and reliable navigation of the Federal chan- ‘‘(b) CONTRIBUTED FUNDS.—Nothing in this amount of the repair, rehabilitation, and re- nel. section affects the authority of the Sec- placement costs, for which the non-Federal SEC. 2058. RESTRICTED AREAS AT CORPS OF EN- retary to complete construction of a water interest will be responsible in that fiscal GINEERS DAMS. resources development project using funds year. (a) DEFINITIONS.—In this section: contributed under section 5 of the Act of (3) EXTENSION.—The Secretary may delay (1) RESTRICTED AREA.—The term ‘‘re- June 22, 1936 (33 U.S.C. 701h).’’. the submission of the report under paragraph stricted area’’ means a restricted area for SEC. 2060. DONALD G. WALDON LOCK AND DAM. (1) for a period not to exceed 180 days after hazardous waters at dams and other civil (a) FINDINGS.—Congress finds that— the deadline described in paragraph (1), sub- works structures in the Cumberland River (1) the Tennessee-Tombigbee Waterway De- ject to the condition that the Secretary sub- basin established pursuant to chapter 10 of velopment Authority is a 4-State compact mits a preliminary progress report to Con- the regulation entitled ‘‘Project Operations: comprised of the States of Alabama, Ken- gress not later than 1 year after the date of Navigation and Dredging Operations and tucky, Mississippi, and Tennessee; enactment of this Act.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7755 SEC. 2062. CREDITING AUTHORITY FOR FEDER- SEC. 3002. CHATFIELD RESERVOIR, COLORADO. Sheet 1 of 1, prepared by the United States ALLY AUTHORIZED NAVIGATION Section 116 of the Energy and Water Devel- Army Corps of Engineers, Baltimore Dis- PROJECTS. opment and Related Agencies Appropriations trict, August 2010; thence departing the A non-Federal interest for a navigation Act, 2009 (123 Stat. 608), is amended in the aforementioned centerline traveling the fol- project may carry out operation and mainte- matter preceding the proviso by inserting lowing courses and distances: S. 64 degrees 49 nance activities for that project subject to ‘‘(or a designee of the Department)’’ after minutes 12 seconds E., 1583.91 feet to a point, all applicable requirements that would apply ‘‘Colorado Department of Natural Re- on the outline of said 60-foot-wide channel to the Secretary carrying out such oper- sources’’. thence binding on said out-line the following ations and maintenance, and may receive eight courses and distances: S. 63 degrees 25 credit for the costs incurred by the non-Fed- SEC. 3003. MISSOURI RIVER RECOVERY IMPLE- MENTATION COMMITTEE EXPENSES minutes 38 seconds E., 1366.25 feet to a point, eral interest in carrying out such activities REIMBURSEMENT. thence; N. 83 degrees 36 minutes 24 seconds towards that non-Federal interest’s share of Section 5018(b)(5) of the Water Resources E., 125.85 feet to a point, thence; N. 50 de- construction costs for a federally authorized Development Act of 2007 (121 Stat. 1200) is grees 38 minutes 26 seconds E., 805.19 feet to element of the same project or another fed- amended by striking subparagraph (B) and a point, thence; N. 12 degrees 12 minutes 29 erally authorized navigation project, except inserting the following: seconds E., 78.33 feet to a point thence; N. 26 that in no instance may such credit exceed ‘‘(B) TRAVEL EXPENSES.—Subject to the degrees 13 minutes 28 seconds W., 46.66 feet 20 percent of the costs associated with con- availability of funds, the Secretary may re- to a point thence; S. 63 degrees 45 minutes 41 struction of the general navigation features imburse a member of the Committee for seconds W., 54.96 feet to a point thence; N. 26 of the project for which such credit may be travel expenses, including per diem in lieu of degrees 13 minutes 24 seconds W., 119.94 feet received pursuant to this section. subsistence, at rates authorized for an em- to a point on the Left Toe of the 60-foot-wide SEC. 2063. RIVER BASIN COMMISSIONS. ployee of a Federal agency under subchapter main navigational channel at computed Cen- Section 5019 of the Water Resources Devel- I of chapter 57 of title 5, United States Code, terline Station No. 41+81.10, coordinates opment Act of 2007 (121 Stat. 1201) is amend- while away from the home or regular place North 157320.30, East 1640264.00. Geometry ed by striking subsection (b) and inserting of business of the member in performance of Right Toe of the 60-foot-wide main naviga- the following: services for the Committee.’’. tional ship channel, Right Toe Station No. ‘‘(b) AUTHORIZATION TO ALLOCATE.— SEC. 3004. HURRICANE AND STORM DAMAGE RE- 0+00, coordinates North 157824.70, East ‘‘(1) IN GENERAL.—Subject to paragraph (2), 1636941.90, as stated and depicted on the Con- the Secretary shall allocate funds from the DUCTION STUDY. With respect to the study for flood and dition Survey Goose Creek, Sheet 1 of 1, pre- General Expenses account of the civil works pared by the United States Army Corps of program of the Army Corps of Engineers to storm damage reduction related to natural disasters to by carried out by the Secretary Engineers, Baltimore District, August 2010; the Susquehanna River Basin Commission, thence departing the aforementioned center- and authorized under the heading ‘‘INVES- Delaware River Basin Commission, and the line traveling the following courses and dis- Interstate Commission on the Potomac TIGATIONS’’ under title II of division A of Public Law 113–2, the Secretary shall include tances: S. 64 degrees 49 minutes 06 seconds River Basin to fulfill the equitable funding E., 1583.82 feet to a point, on the outline of requirements of the respective interstate specific project recommendations in the report developed for that study. said 60-foot-wide channel thence binding on compacts on an annual basis and in amounts said out-line the following six courses and equal to the amount determined by Commis- SEC. 3005. LOWER YELLOWSTONE PROJECT, MON- distances: S. 63 degrees 25 minutes 47 seconds TANA. sion in accordance with the respective inter- E., 1478.79 feet to a point, thence; N. 50 de- Section 3109 of the Water Resources Devel- state compact. grees 38 minutes 26 seconds E., 1016.69 feet to opment Act of 2007 (121 Stat. 1135) is amend- ‘‘(2) LIMITATION.—Not more than 1.5 per- a point, thence; N. 26 degrees 14 minutes 49 cent of funds from the General Expenses ac- ed— seconds W., 144.26 feet to a point, thence; N. count of the civil works program of the (1) by striking ‘‘The Secretary may’’ and 63 degrees 54 minutes 03 seconds E., 55.01 feet Army Corps of Engineers may be allocated in inserting the following: to a point thence; N. 26 degrees 12 minutes 08 carrying out paragraph (1) for any fiscal ‘‘(a) IN GENERAL.—The Secretary may’’; seconds W., 120.03 feet to a point a point on year. and the Right Toe of the 60-foot-wide main navi- ‘‘(3) REPORT.—For any fiscal year in which (2) by adding at the end the following: gational channel at computed Centerline funds are not allocated in accordance with ‘‘(b) LOCAL PARTICIPATION.—In carrying Station No. 43+98.61, coordinates North paragraph (1), the Secretary shall submit to out subsection (a), the Secretary shall con- 157395.40, East 1640416.50. the Committee on Environment and Public sult with, and consider the activities being (b) LOWER THOROUGHFARE, DEAL ISLAND, Works of the Senate and the Committee on carried out by— MARYLAND.—Beginning on the date of enact- Transportation and Infrastructure of the ‘‘(1) other Federal agencies; ment of this Act, the Secretary is no longer House of Representatives a report that de- ‘‘(2) conservation districts; authorized to carry out the portion of the scribes— ‘‘(3) the Yellowstone River Conservation project for navigation, Lower Thoroughfare, ‘‘(A) the reasons why the Corps of Engi- District Council; and Maryland, authorized by the Act of June 25, neers chose not to allocate funds in accord- ‘‘(4) the State of Montana.’’. 1910 (36 Stat. 630, chapter 382) (commonly ance with that paragraph; and SEC. 3006. PROJECT DEAUTHORIZATIONS. known as the ‘‘River and Harbor Act of ‘‘(B) the impact of the decision not to allo- (a) GOOSE CREEK, SOMERSET COUNTY, MARY- 1910’’), that begins at Lower Thoroughfare cate funds on water supply allocation, water LAND.—The project for navigation, Goose Channel Geometry Centerline of the 60-foot- quality protection, regulatory review and Creek, Somerset County, Maryland, carried wide main navigational ship channel, Cen- permitting, water conservation, watershed out pursuant to section 107 of the Rivers and terline Station No. 44+88, coordinates North planning, drought management, flood loss Harbor Act of 1960 (33 U.S.C. 577), is realigned 170435.62, East 1614588.93, as stated and de- reduction, and recreation in each area of ju- as follows: Beginning at Goose Creek Chan- picted on the Condition Survey Lower Thor- risdiction of the respective Commission.’’. nel Geometry Centerline of the 60-foot-wide oughfare, Deal Island, Sheet 1 of 3, prepared SEC. 2064. RESTRICTION ON CHARGES FOR CER- main navigational ship channel, Centerline by the United States Army Corps of Engi- TAIN SURPLUS WATER. Station No. 0+00, coordinates North 157851.80, neers, Baltimore District, August 2010; (a) IN GENERAL.—No fee for surplus water East 1636954.70, as stated and depicted on the thence departing the aforementioned center- shall be charged under a contract for surplus Condition Survey Goose Creek, Sheet 1 of 1, line traveling the following courses and dis- water if the contract is for surplus water prepared by the United States Army Corps of tances: S. 42 degrees 20 minutes 44 seconds stored on the Missouri River. Engineers, Baltimore District, July 2003; W., 30.00 feet to a point, on the outline of (b) OFFSET.—Of the amounts previously thence departing the aforementioned center- said 60-foot-wide channel thence binding on made available for ‘‘Corps of Engineers-Civil, line traveling the following courses and dis- said out-line the following four courses and Department of the Army, Operations and tances: S. 64 degrees 49 minutes 06 seconds distances: N. 64 degrees 08 minutes 55 seconds Maintenance’’ that remain unobligated as of E., 1583.82 feet to a point, on the outline of W., 53.85 feet to a point, thence; N. 42 degrees the effective date of this Act, $5,000,000 is said 60-foot-wide channel thence binding on 20 minutes 43 seconds W., 250.08 feet to a hereby rescinded. said out-line the following four courses and point, thence; N. 47 degrees 39 minutes 03 (c) None of the funds under subsection (b) distances: S. 63 degrees 26 minutes 06 seconds seconds E., 20.00 feet to a point, thence; S. 42 may be rescinded from amounts that were E., 1460.05 feet to a point, thence; N. 50 de- degrees 20 minutes 44 seconds E., 300.07 feet designated by the Congress as an emergency grees 38 minutes 26 seconds E., 973.28 feet to to a point binding on the Left Toe of the 60- requirement pursuant to the Concurrent a point, thence; N. 26 degrees 13 minutes 09 foot-wide main navigational channel at com- Resolution on the Budget or the Balanced seconds W., 240.39 feet to a point on the Left puted Centerline Station No. 43+92.67, coordi- Budget and Emergency Deficit Control Act Toe of the 60-foot-wide main navigational nates North 170415.41, 1614566.76; thence; con- of 1985, as amended. channel at computed Centerline Station No. tinuing with the aforementioned centerline TITLE III—PROJECT MODIFICATIONS 42+57.54, coordinates North 157357.84, East the following courses and distances: S. 42 de- SEC. 3001. PURPOSE. 1640340.23. Geometry Left Toe of the 60-foot- grees 20 minutes 42 seconds W., 30.00 feet to The purpose of this title is to modify exist- wide main navigational ship channel, Left a point, on the outline of said 60-foot-wide ing water resource project authorizations, Toe Station No. 0+00, coordinates North channel thence binding on said out-line the subject to the condition that the modifica- 157879.00, East 1636967.40, as stated and de- following four courses and distances: N. 20 tions do not affect authorized costs. picted on the Condition Survey Goose Creek, degrees 32 minutes 06 seconds W., 53.85 feet

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7756 CONGRESSIONAL RECORD — SENATE October 31, 2013 to a point, thence; N. 42 degrees 20 minutes Instrument No. 740320 is extinguished above E2524417.311, a distance of about 35.01 feet, 49 seconds W., 250.08 feet to a point, thence; elevation 79.39 feet (NGVD 29) the Ordinary thence running south 34 degrees 10 minutes S. 47 degrees 39 minutes 03 seconds W., 20.00 High Water Line. 40 seconds west to channel point #501 feet to a point, thence; S. 42 degrees 20 min- (2) AFFECTED PROPERTIES.—The properties N381638.761, E2524397.639 a distance of about utes 46 seconds E., 300.08 feet to a point bind- referred to in paragraph (1), as recorded in 139.25 feet, thence running south 34 degrees ing on the Left Toe of the 60-foot-wide main Hood River County, Oregon, are as follows: 10 minutes 48 seconds west to channel point navigational channel at computed Centerline (A) Instrument Number 2010–1235 #503 N381523.557, E2524319.406 a distance of Station No. 43+92.67, coordinates North (B) Instrument Number 2010–02366. about 235.98 feet, thence running south 32 de- 170415.41, 1614566.76. (C) Instrument Number 2010–02367. grees 59 minutes 13 seconds west to channel (c) THOMASTON HARBOR, GEORGES RIVER, (D) Parcel 2 of Partition Plat #2011–12P. point #505 N381325.615, E2524190.925 a distance MAINE.—Beginning on the date of enactment (E) Parcel 1 of Partition Plat 2005–26P. of about 431.29 feet, thence running south 32 of this Act, the Secretary is no longer au- (3) FEDERAL LIABILITIES; CULTURAL, ENVI- degrees 36 minutes 05 seconds west to chan- thorized to carry out the portion of the RONMENTAL, AND OTHER REGULATORY RE- nel point #509 N380962.276, E2523958.547, a dis- project for navigation, Georges River, Maine VIEWS.— tance of about 614.52 feet, thence running (Thomaston Harbor), authorized by the first (A) FEDERAL LIABILITY.—The United States south 89 degrees 05 minutes 00 seconds west section of the Act of June 3, 1896 (29 Stat. shall not be liable for any injury caused by to channel point #511 N380952.445, 215, chapter 314), and modified by section 317 the extinguishment of the easement under E2523344.107, a distance of about 74.68 feet, of the Water Resources Development Act of this subsection. thence running north 89 degrees 04 minutes 2000 (Public Law 106–541; 114 Stat. 2604), that (B) CULTURAL AND ENVIRONMENTAL REGU- 59 seconds west to channel point #512 lies northwesterly of a line commencing at LATORY ACTIONS.—Nothing in this subsection N381027.13, E2523342.91, a distance of about point N87,220.51, E321,065.80 thence running establishes any cultural or environmental 533.84 feet, thence running north 89 degrees northeasterly about 125 feet to a point regulation relating to the properties de- 05 minutes 00 seconds east to channel point N87,338.71, E321,106.46. scribed in paragraph (2). #510 N381035.67, E2523876.69, a distance of (d) WARWICK COVE, RHODE ISLAND.—Begin- (4) EFFECT ON OTHER RIGHTS.—Nothing in about 47.86 feet, thence running north 61 de- ning on the date of enactment of this Act, this subsection affects any remaining right grees 02 minutes 07 seconds east to channel the Secretary is no longer authorized to or interest of the Corps of Engineers in the point #508 N381058.84, E2523918.56, a distance carry out the portion of the project for navi- properties described in paragraph (2). of about 308.55 feet, thence running north 36 gation, Warwick Cove, Rhode Island, author- (h) EIGHTMILE RIVER, CONNECTICUT.— degrees 15 minutes 29 seconds east to channel ized by section 107 of the River and Harbor (1) The portion of the project for naviga- point #506 N381307.65, E2524101.05, distance of Act of 1960 (33 U.S.C. 577) that is located tion, Eightmile River, Connecticut, author- about 199.98 feet, thence running north 32 de- within the 5 acre anchorage area east of the ized by the first section of the Act of June 25, grees 59 minutes 12 seconds east to channel channel and lying east of the line beginning 1910 (commonly known as the ‘‘River and point #504 N381475.40, E2524209.93, a distance at a point with coordinates N220,349.79, Harbor Act of 1910’’) (36 Stat. 633, chapter of about 195.14 feet, thence running north 26 E357,664.90 thence running north 9 degrees 10 382), that begins at a point of the existing 8- degrees 17 minutes 22 seconds east to channel minutes 21.5 seconds west 170.38 feet to a foot channel limit with coordinates point #502 N381650.36, E2524296.36, a distance point N220,517.99, E357,637.74 thence running N701002.39, E1109247.73, thence running north of about 81.82 feet, thence running north 88 north 17 degrees 44 minutes 30.4 seconds west 2 degrees 19 minutes 57.1 seconds east 265.09 degrees 51 minutes 05 seconds west to chan- 165.98 feet to a point N220,676.08, E357,587.16 feet to a point N701267.26, E1109258.52, thence nel point #419 N381732.17, E2524294.72 a dis- thence running north 0 degrees 46 minutes 0.9 running north 7 degrees 47 minutes 19.3 sec- tance of about 262.65 feet, thence running seconds east 138.96 feet to a point N220,815.03, onds east 322.32 feet to a point N701586.60, north 82 degrees 01 minutes 02 seconds east E357,589.02 thence running north 8 degrees 36 E1109302.20, thence running north 90 degrees 0 to channel point # 415a the point of origin. minutes 22.9 seconds east 101.57 feet to a minutes 0 seconds east 65.61 to a point (j) WALNUT CREEK, CALIFORNIA.—Beginning point N220,915.46, E357,604.22 thence running N701586.60, E1109367.80, thence running south on the date of enactment of this Act, the north 18 degrees 18 minutes 27.3 seconds east 7 degrees 47 minutes 19.3 seconds west 328.11 Secretary is no longer authorized to carry 168.20 feet to a point N221,075.14, E357,657.05 feet to a point N701261.52, E1109323.34, thence out the portion of the project for flood pro- thence running north 34 degrees 42 minutes running south 2 degrees 19 minutes 57.1 sec- tection on Walnut Creek, California, con- 7.2 seconds east 106.4 feet to a point onds west 305.49 feet to an end at a point structed in accordance with the plan author- N221,162.62, E357,717.63 thence running south N700956.28, E1109310.91 on the existing 8-foot ized by section 203 of the Flood Control Act 29 degrees 14 minutes 17.4 seconds east 26.79 channel limit, shall be reduced to a width of of 1960 (Public Law 86–645; 74 Stat. 488) that feet to a point N221,139.24, E357,730.71 thence 65 feet and the channel realigned to follow consists of the culvert on the San Ramon running south 30 degrees 45 minutes 30.5 sec- the deepest available water. Creek constructed by the Department of the onds west 230.46 feet to a point N220,941.20, (2) Beginning on the date of enactment of Army in 1971 that extends from Sta 4+27 to E357,612.85 thence running south 10 degrees 49 this Act, the Secretary is no longer author- Sta 14+27. minutes 12.0 seconds west 95.46 feet to a ized to carry out the portion of the project point N220,847.44, E357,594.93 thence running beginning at a point N701296.72, E1109262.55 SEC. 3007. RARITAN RIVER BASIN, GREEN BROOK SUB-BASIN, NEW JERSEY. south 9 degrees 13 minutes 44.5 seconds east and running north 45 degrees 4 minutes 2.8 Title I of the Energy and Water Develop- 491.68 feet to a point N220,362.12, E357,673.79 seconds west 78.09 feet to a point N701341.18, ment Appropriations Act, 1998 (Public Law thence running south 35 degrees 47 minutes E1109217.98, thence running north 5 degrees 8 105–62; 111 Stat. 1327) is amended by striking 19.4 seconds west 15.20 feet to the point of or- minutes 34.6 seconds east 180.14 feet to a section 102. igin. point N701520.59, E1109234.13, thence running (e) CLATSOP COUNTY DIKING DISTRICT NO. north 54 degrees 5 minutes 50.1 seconds east SEC. 3008. RED RIVER BASIN, OKLAHOMA, TEXAS, ARKANSAS, LOUISIANA. 10, KARLSON ISLAND, OREGON.—Beginning on 112.57 feet to a point N701568.04, E1109299.66, the date of enactment of this Act, the Sec- thence running south 7 degrees 47 minutes (a) IN GENERAL.—The Secretary is author- retary is no longer authorized to carry out 18.4 seconds west 292.58 feet to the point of ized to reassign unused irrigation storage the Diking District No. 10, Karlson Island origin; and the remaining area north of the within a reservoir on the Red River Basin to portion of the project for raising and improv- channel realignment beginning at a point municipal and industrial water supply for ing existing levees in Clatsop County, Or- N700956.28, E1109310.91 thence running north 2 use by a non-Federal interest if that non- egon, authorized by section 5 of the Act of degrees 19 minutes 57.1 seconds east 305.49 Federal interest has already contracted for a June 22, 1936 (33 U.S.C. 701h). feet west to a point N701261.52, E1109323.34 share of municipal and industrial water sup- (f) NUMBERG DIKE NO. 34 LEVEED AREA, north 7 degrees 47 minutes 18.4 seconds east ply on the same reservoir. CLATSOP COUNTY DIKING DISTRICT NO. 13, 328.11 feet to a point N701586.60, E1109367.81 (b) NON-FEDERAL INTEREST.—A reassign- CLATSOP COUNTY, OREGON (WALLUSKI- thence running north 90 degrees 0 minutes 0 ment of storage under subsection (a) shall be YOUNGS).—Beginning on the date of enact- seconds east 7.81 feet to a point N701586.60, contingent upon the execution of an agreement of this Act, the Secretary is no longer E1109375.62 thence running south 5 degrees 8 ment between the Secretary and the applica- authorized to carry out the Numberg Dike minutes 34.6 seconds west 626.29 feet to a ble non-Federal interest. No. 34 leveed area, Clatsop County Diking point N700962.83, E1109319.47 thence south 52 SEC. 3009. POINT JUDITH HARBOR OF REFUGE, District, No. 13, Walluski River and Youngs degrees 35 minutes 36.5 seconds 10.79 feet to RHODE ISLAND. River dikes, portion of the project for raising the point of origin. The project for the Harbor of Refuge at and improving existing levees in Clatsop (i) BURNHAM CANAL.—Beginning on the Point Judith, Narragansett, Rhode Island, County, Oregon, authorized by section 5 of date of enactment of this Act, the Secretary adopted by the Act of September 19, 1890 the Act of June 22, 1936 (33 U.S.C. 701h). is no longer authorized to carry out the por- (commonly known as the ‘‘River and Harbor (g) PORT OF HOOD RIVER, OREGON.— tion of the project for navigation, Milwaukee Act of 1890’’) (26 Stat. 426, chapter 907), House (1) EXTINGUISHMENT OF PORTIONS OF EXIST- Harbor Project, Milwaukee, Wisconsin, Document numbered 66, 51st Congress, 1st ING FLOWAGE EASEMENT.—With respect to the known as the Burnham Canal, beginning at Session, and modified to include the west properties described in paragraph (2), begin- channel point #415a N381768.648, E2524554.836, shore arm breakwater under the first section ning on the date of enactment of this Act, a distance of about 170.58 feet, thence run- of the Act of June 25, 1910 (commonly known the flowage easement identified as Tract ning south 53 degrees 43 minutes 41 seconds as the ‘‘River and Harbor Act of 1910’’) (36 1200E–6 on the Easement Deed recorded as west to channel point #417 N381667.728, Stat. 632, chapter 382), is further modified to

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7757 include shore protection and erosion control (A) section 4 of the Act entitled ‘‘An Act costs associated with the conveyance author- as project purposes. authorizing the construction of certain pub- ized by this section, including the cost of the SEC. 3010. LAND CONVEYANCE OF HAMMOND lic works on rivers and harbors for flood con- survey required under subsection (d) and BOAT BASIN, WARRENTON, OREGON. trol, and for other purposes’’, approved June other administrative costs. (a) DEFINITIONS.—In this section: 28, 1938 (52 Stat. 1218); and SEC. 3015. LOS ANGELES COUNTY DRAINAGE (1) CITY.—The term ‘‘City’’ means the city (B) section 1001(20) of the Water Resources AREA, CALIFORNIA. of Warrenton, located in Clatsop County, Or- Development Act of 2007 (Public Law 110–114; The project for flood control, Los Angeles egon. 121 Stat. 1053). County Drainage Area, California, author- (2) MAP.—The term ‘‘map’’ means the map SEC. 3012. FLORIDA KEYS WATER QUALITY IM- ized by section 101(b) of the Water Resources contained in Exhibit A of Department of the PROVEMENTS. Development Act of 1990 (Pub. L. 101–640; 104 Army Lease No. DACW57–1–88–0033 (or a suc- Section 109 of title I of division B of the Stat. 4611), as modified, is further modified cessor instrument). Miscellaneous Appropriations Act, 2001 (114 to authorize the Secretary to include, as a (b) CONVEYANCE AUTHORITY.—Subject to Stat. 2763A–221, 121 Stat. 1217) is amended— part of the project, measures for flood risk the provisions of this section, the Secretary (1) in subsection (a), by inserting ‘‘and un- reduction, ecosystem restoration, and recre- shall convey to the City by quitclaim deed, incorporated communities’’ after ‘‘munici- ation in the Compton Creek watershed. and without consideration, all right, title, palities’’; and SEC. 3016. OAKLAND INNER HARBOR TIDAL and interest of the United States in and to (2) by redesignating subsection (f) as sub- CANAL, CALIFORNIA. the parcel of land described in subsection (c). section (g); and Section 3182(b)(1) of the Water Resources (c) DESCRIPTION OF LAND.— (3) by inserting after subsection (e) the fol- Development Act of 2007 (Public Law 110–114; (1) IN GENERAL.—Except as provided in lowing: 121 Stat. 1165) is amended— paragraph (2), the land referred to in sub- ‘‘(f) PRIORITY.—In providing assistance (1) in subparagraph (A), by inserting ‘‘, or section (b) is the parcel totaling approxi- under this section, the Secretary shall give to a multicounty public entity that is eligi- mately 59 acres located in the City, together priority to projects sponsored by— ble to hold title to real property’’ after ‘‘To with any improvements thereon, including ‘‘(1) the State of Florida; the city of Oakland’’; and the Hammond Marina (as described in the ‘‘(2) Monroe County, Florida; and (2) by inserting ‘‘multicounty public entity map). ‘‘(3) incorporated communities in Monroe or other’’ before ‘‘public entity’’. (2) EXCLUSION.—The land referred to in County, Florida.’’. subsection (b) shall not include the site pro- SEC. 3017. REDESIGNATION OF LOWER MIS- SEC. 3013. DES MOINES RECREATIONAL RIVER SISSIPPI RIVER MUSEUM AND vided for the fisheries research support facil- AND GREENBELT, IOWA. RIVERFRONT INTERPRETIVE SITE. ity of the National Marine Fisheries Service. The boundaries for the project referred to (a) IN GENERAL.—Section 103(c)(1) of the (3) AVAILABILITY OF MAP.—The map shall as the Des Moines Recreational River and Water Resources Development Act of 1992 be on file in the Portland District Office of Greenbelt, Iowa under the heading ‘‘CORPS OF (106 Stat. 4811) is amended by striking the Corps of Engineers. ENGINEERS—CIVIL’’ under the heading ‘‘DE- ‘‘Lower Mississippi River Museum and River- (d) TERMS AND CONDITIONS.— PARTMENT OF THE ARMY’’ under the heading front Interpretive Site’’ and inserting ‘‘Jesse (1) IN GENERAL.—As a condition of the con- ‘‘DEPARTMENT OF DEFENSE—CIVIL’’ in Brent Lower Mississippi River Museum and veyance under subsection (b), the City shall chapter IV of title I of the Supplemental Ap- Riverfront Interpretive Site’’. agree in writing— propriations Act, 1985 (Public Law 99–88, 99 (b) REFERENCES.—Any reference in a law, (A) that the City and any successor or as- Stat. 313) are revised to include the entirety map, regulation, document, paper, or other sign of the City will release and indemnify of sections 19 and 29, situated in T89N, R28W. record of the United States to the museum the United States from any claims or liabil- SEC. 3014. LAND CONVEYANCE, CRANEY ISLAND and interpretive site referred to in sub- ities that may arise from or through the op- DREDGED MATERIAL MANAGEMENT section (a) shall be deemed to be a reference erations of the land conveyed by the United AREA, PORTSMOUTH, VIRGINIA. to the ‘‘Jesse Brent Lower Mississippi River States; and (a) IN GENERAL.—Subject to the conditions Museum and Riverfront Interpretive Site’’. (B) to pay any cost associated with the described in this section, the Secretary may conveyance under subsection (b). convey to the Commonwealth of Virginia, by SEC. 3018. LOUISIANA COASTAL AREA. (2) ADDITIONAL TERMS AND CONDITIONS.— quitclaim deed and without consideration, (a) INTERIM ADOPTION OF COMPREHENSIVE The Secretary may impose such additional all right, title, and interest of the United COASTAL MASTER PLAN.— terms, conditions, and requirements on the States in and to 2 parcels of land situated (1) IN GENERAL.—Section 7002 of the Water conveyance under subsection (b) as the Sec- within the project for navigation, Craney Is- Resources Development Act of 2007 (Public retary considers appropriate to protect the land Eastward Expansion, Norfolk Harbor Law 110–114; 121 Stat. 1270) is amended— interest of the United States, including the and Channels, Hampton Roads, Virginia, au- (A) by redesignating subsections (d) requirement that the City assume full re- thorized by section 1001(45) of the Water Re- through (f) as subsections (e) through (g), responsibility for operating and maintaining sources Development Act of 2007 (Pub. L. 110– spectively; the channel and the breakwater. 114; 121 Stat. 1057), together with any im- (B) by inserting after subsection (c) the fol- (e) REVERSION.—If the Secretary deter- provements thereon. lowing: mines that the land conveyed under this sec- (b) LANDS TO BE CONVEYED.— ‘‘(d) INTERIM ADOPTION OF COMPREHENSIVE tion ceases to be owned by the public, all (1) IN GENERAL.—The 2 parcels of land to be MASTER PLAN.—Prior to completion of the right, title, and interest in and to the land conveyed under this section include a parcel comprehensive plan described under sub- shall, at the discretion of the Secretary, re- consisting of approximately 307.82 acres of section (a), the Secretary shall adopt the vert to the United States. land and a parcel consisting of approxi- plan of the State of Louisiana entitled ‘Lou- (f) DEAUTHORIZATION.—After the land is mately 13.33 acres of land, both located along isiana’s Comprehensive Master Plan for a conveyed under this section, the land shall the eastern side of the Craney Island Sustainable Coast’ in effect on the date of no longer be a portion of the project for navi- Dredged Material Management Area in enactment of the Water Resources Develop- gation, Hammond Small Boat Basin, Oregon, Portsmouth, Virginia. ment Act of 2013 (and subsequent plans), au- authorized by section 107 of the Rivers and (2) USE.—The 2 parcels of land described in thorized and defined pursuant to Act 8 of the Harbor Act of 1960 (33 U.S.C. 577). paragraph (1) may be used by the Common- First Extraordinary Session of the Louisiana SEC. 3011. METRO EAST FLOOD RISK MANAGE- wealth of Virginia exclusively for the pur- State Legislature, 2005, for protecting, pre- MENT PROGRAM, ILLINOIS. pose of port expansion, including the provi- serving, and restoring the coastal Louisiana (a) IN GENERAL.—The following projects sion of road and rail access and the construc- ecosystem until implementation of the com- shall constitute a program, to be known as tion of a shipping container terminal. prehensive plan is complete.’’; and the ‘‘Metro East Flood Risk Management (c) TERMS AND CONDITIONS.—Land conveyed (C) in subsection (g)(1) (as so redesignated), Program, Illinois’’: under this section shall be subject to— by striking ‘‘1 year’’ and inserting ‘‘10 (1) Prairie du Pont Drainage and Levee (1) a reversionary interest in the United years’’. District and Fish Lake Drainage and Levee States if the land— (2) CONFORMING AMENDMENT.—Subsection District, Illinois, authorized by— (A) ceases to be held in public ownership; (f) (as so redesignated) is amended by strik- (A) section 5 of the Act of June 22, 1936 (33 or ing ‘‘subsection (d)(1)’’ and inserting ‘‘sub- U.S.C. 701h); and (B) is used for any purpose that is incon- section (e)(1)’’. (B) section 5070 of the Water Resources De- sistent with subsection (b); and (b) Section 7006 of the Water Resources De- velopment Act of 2007 (Public Law 110–114; (2) such other terms, conditions, reserva- velopment Act of 2007 (Public Law 110–114; 121 Stat. 1220). tions, and restrictions that the Secretary de- 121 Stat. 1274) is amended— (2) East St. Louis, Illinois, authorized by— termines to be necessary and appropriate to (1) in subsection (a)(2)— (A) section 5 of the Act of June 22, 1936 (33 protect the interests of the United States. (A) by redesignating subparagraphs (C) and U.S.C. 701h); and (d) LEGAL DESCRIPTION.—The exact acreage (D) as subparagraphs (D) and (E), respec- (B) Energy and Water Development Appro- and legal description of land to be conveyed tively; and priation Act, 1988 (Public Law 100–202; 101 under this section shall be determined by a (B) by inserting after subparagraph (B) the Stat. 1329–104). survey that is satisfactory to the Secretary. following: (3) Wood River Drainage and Levee Dis- (e) CONVEYANCE COSTS.—The Common- ‘‘(C) to examine a system-wide approach to trict, Illinois, authorized by— wealth of Virginia shall be responsible for all coastal sustainability, including—

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7758 CONGRESSIONAL RECORD — SENATE October 31, 2013 ‘‘(i) flood and storm damage protection; human life and property, the environment, other appropriate Federal agencies, the Gov- ‘‘(ii) coastal restoration; and or the national security interests of the ernors of the coastal States from Virginia to ‘‘(iii) the elevation of public and private United States; and Maine, nonprofit organizations, and other in- infrastructure;’’; and (2) the non-Federal interest has dem- terested parties, shall assess the needs re- (2) in subsection (c)(1)(E), by striking ‘‘at onstrated— garding, and opportunities for, aquatic eco- Myrtle Grove’’ and inserting ‘‘in the vicinity (A) that local support exists for addressing system restoration within the coastal waters of Myrtle Grove’’. the water resource issue; and of the Northeastern United States. (c) EFFECT.— (B) the financial ability to provide the re- (2) PLAN.—The Secretary shall develop a (1) IN GENERAL.—Nothing in this section or quired non-Federal cost-share. general coastal management plan based on an amendment made by this section author- (c) CONGRESSIONAL APPROVAL.— the assessment carried out under paragraph izes the construction of a project or program (1) SUBMISSION TO CONGRESS.—Prior to ini- (1), maximizing the use of existing plans and associated with a storm surge barrier across tiating a study under subsection (a), the Sec- investigation, which plan shall include— the Lake Pontchartrain land bridge (includ- retary shall submit to the Committees on (A) an inventory and evaluation of coastal ing Chef Menteur Pass and the Rigolets) that Environment and Public Works and Appro- habitats; would result in unmitigated induced flooding priations of the Senate and the Committees (B) identification of aquatic resources in in coastal communities within the State of on Transportation and Infrastructure and need of improvement; Mississippi. Appropriations of the House— (C) identification and prioritization of po- (2) REQUIRED CONSULTATION.—Any study to (A) a description of the study, including tential aquatic habitat restoration projects; advance a project described in paragraph (1) the geographical area addressed by the and that is conducted using funds from the Gen- study; (D) identification of geographical and eco- eral Investigations Account of the Corps of (B) a description of how the study meets logical areas of concern, including— Engineers shall include consultation and ap- each of the requirements of subsection (b); (i) finfish habitats; proval of the Governors of the States of Lou- and (ii) diadromous fisheries migratory cor- isiana and Mississippi. (C) a certification that the proposed study ridors; SEC. 3019. FOUR MILE RUN, CITY OF ALEXANDRIA can be completed within 3 years and for a (iii) shellfish habitats; AND ARLINGTON COUNTY, VIRGINIA. Federal cost of not more than $3,000,000. (iv) submerged aquatic vegetation; Section 84(a)(1) of the Water Resources De- (2) EXPENDITURE OF FUNDS.—No funds may (v) wetland; and velopment Act of 1974 (Public Law 93–251; 88 be spent on a study initiated under sub- (vi) beach dune complexes and other simi- Stat. 35) is amended by striking ‘‘twenty- section (a) unless— lar habitats. seven thousand cubic feet per second’’ and (A) the required information is submitted (c) ELIGIBLE PROJECTS.—The Secretary inserting ‘‘18,000 cubic feet per second’’. to Congress under paragraph (1); and may carry out an aquatic ecosystem restoration project under this section if the SEC. 3020. EAST FORK OF TRINITY RIVER, TEXAS. (B) after such submission, amounts are ap- project— The portion of the project for flood protec- propriated to initiate the study in an appro- (1) is consistent with the management plan tion on the East Fork of the Trinity River, priations or other Act. DDITIONAL NOTIFICATION.—The Sec- developed under subsection (b); and Texas, authorized by section 203 of the Flood (3) A retary shall notify each Senator or Member (2) provides for— Control Act of 1962 (76 Stat. 1185), that con- of Congress with a State or congressional (A) the restoration of degraded aquatic sists of the 2 levees identified as ‘‘Kaufman district in the study area described in para- habitat (including coastal, saltmarsh, County Levees K5E and K5W’’ shall no longer graph (1)(A). benthic, and riverine habitat); be authorized as a part of the Federal project (d) LIMITATIONS.— (B) the restoration of geographical or eco- as of the date of enactment of this Act. (1) IN GENERAL.—Subsection (a) shall not logical areas of concern, including the res- SEC. 3021. SEWARD WATERFRONT, SEWARD, apply to a project for which a study has been toration of natural river and stream charac- ALASKA. authorized prior to the date of enactment of teristics; (a) IN GENERAL.—The parcel of land in- this Act. (C) the improvement of water quality; or cluded in the Seward Harbor, Alaska naviga- (2) NEW STUDIES.—In each fiscal year, the (D) other projects or activities determined tion project identified as Tract H, Seward Secretary may initiate not more than— to be appropriate by the Secretary. Original Townsite, Waterfront Park Replat, (A) 3 new studies in each of the primary (d) COST SHARING.— Plat No 2012–4, Seward Recording District, mission areas of the Corps of Engineers; and (1) MANAGEMENT PLAN.—The management shall not be subject to the navigation ser- (B) 3 new studies from any 1 division of the plan developed under subsection (b) shall be vitude (as of the date of enactment of this Corps of Engineers. completed at Federal expense. Act). (e) TERMINATION.—The authority under (2) RESTORATION PROJECTS.—The non-Fed- (b) ENTRY BY FEDERAL GOVERNMENT.—The subsection (a) expires on the date that is 3 eral share of the cost of a project carried out Federal Government may enter upon any years after the date of enactment of this under this section shall be 35 percent. portion of the land referred to in subsection Act. (e) COST LIMITATION.—Not more than (a) to carry out any required operation and (f) AUTHORIZATION OF APPROPRIATIONS.— $10,000,000 in Federal funds may be allocated maintenance of the general navigation fea- There is authorized to be appropriated to the under this section for an eligible project. tures of the project. Secretary to carry out this section $25,000,000 (f) AUTHORIZATION OF APPROPRIATIONS.— TITLE IV—WATER RESOURCE STUDIES for each of fiscal years 2014 through 2017. There is authorized to be appropriated to SEC. 4003. APPLICABILITY. carry out this section (including funds for SEC. 4001. PURPOSE. the completion of the management plan) The purpose of this title is to authorize the (a) IN GENERAL.—Nothing in this title authorizes the construction of a water re- $25,000,000 for each of fiscal years 2014 Secretary to study and recommend solutions through 2023. for water resource issues relating to flood sources project. SEC. 5003. CHESAPEAKE BAY ENVIRONMENTAL risk and storm damage reduction, naviga- (b) NEW AUTHORIZATION REQUIRED.—New authorization from Congress is required be- RESTORATION AND PROTECTION tion, and aquatic ecosystem restoration. PROGRAM. fore any project evaluated in a study under SEC. 4002. INITIATION OF NEW WATER RE- Section 510 of the Water Resources Devel- this title is constructed. SOURCES STUDIES. opment Act of 1996 (Public Law 104–303; 110 (a) IN GENERAL.—Subject to subsections TITLE V—REGIONAL AND NONPROJECT Stat. 3759; 121 Stat. 1202) is amended— (b), (c), and (d), the Secretary may initiate a PROVISIONS (1) in subsection (a)— study— SEC. 5001. PURPOSE. (A) in paragraph (1)— (1) to determine the feasibility of carrying The purpose of this title is to authorize re- (i) by striking ‘‘pilot program’’ and insert- out 1 or more projects for flood risk manage- gional, multistate authorities to address ing ‘‘program’’; and ment, storm damage reduction, aquatic eco- water resource needs and other non-project (ii) by inserting ‘‘in the basin States de- system restoration, navigation, hydropower, provisions. scribed in subsection (f) and the District of or related purposes; or SEC. 5002. NORTHEAST COASTAL REGION ECO- Columbia’’ after ‘‘interests’’; and (2) to carry out watershed and river basin SYSTEM RESTORATION. (B) by striking paragraph (2) and inserting assessments in accordance with section 729 (a) IN GENERAL.—The Secretary shall plan, the following: of the Water Resources Development Act of design, and construct projects for aquatic ‘‘(2) FORM.—The assistance under para- 1986 (33 U.S.C. 2267a). ecosystem restoration within the coastal graph (1) shall be in the form of design and (b) CRITERIA.—The Secretary may only ini- waters of the Northeastern United States construction assistance for water-related re- tiate a study under subsection (a) if— from the State of Virginia to the State of source protection and restoration projects (1) the study— Maine, including associated bays, estuaries, affecting the Chesapeake Bay estuary, based (A) has been requested by an eligible non- and critical riverine areas. on the comprehensive plan under subsection Federal interest; (b) GENERAL COASTAL MANAGEMENT (b), including projects for— (B) is for an area that is likely to include PLAN.— ‘‘(A) sediment and erosion control; a project with a Federal interest; and (1) ASSESSMENT.—The Secretary, in coordi- ‘‘(B) protection of eroding shorelines; (C) addresses a high-priority water re- nation with the Administrator of the Envi- ‘‘(C) ecosystem restoration, including res- source issue necessary for the protection of ronmental Protection Agency, the heads of toration of submerged aquatic vegetation;

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00070 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7759 ‘‘(D) protection of essential public works; (6) by striking subsection (h); and SEC. 5007. AQUATIC INVASIVE SPECIES PREVEN- ‘‘(E) beneficial uses of dredged material; (7) by redesignating subsection (i) as sub- TION AND MANAGEMENT; COLUMBIA and section (h). RIVER BASIN. (a) IN GENERAL.—The Secretary may estab- ‘‘(F) other related projects that may en- SEC. 5004. RIO GRANDE ENVIRONMENTAL MAN- hance the living resources of the estuary.’’; AGEMENT PROGRAM, COLORADO, lish a program to prevent and manage aquat- (2) by striking subsection (b) and inserting NEW MEXICO, TEXAS. ic invasive species in the Columbia River the following: Section 5056 of the Water Resources Devel- Basin in the States of Idaho, Montana, Or- ‘‘(b) COMPREHENSIVE PLAN.— opment Act of 2007 (121 Stat. 1213) is amend- egon, and Washington. (b) WATERCRAFT INSPECTION STATIONS.— ‘‘(1) IN GENERAL.—Not later than 2 years ed— after the date of enactment of the Water Re- (1) in subsection (b)(2)— (1) IN GENERAL.—In carrying out this sec- sources Development Act of 2013, the Sec- (A) in the matter preceding subparagraph tion, the Secretary shall establish watercraft retary, in cooperation with State and local (A), by striking ‘‘2008’’ and inserting ‘‘2014’’; inspection stations in the Columbia River governmental officials and affected stake- and Basin to be located in the States of Idaho, holders, shall develop a comprehensive (B) in subparagraph (C), by inserting ‘‘and Montana, Oregon, and Washington at loca- Chesapeake Bay restoration plan to guide an assessment of needs for other related pur- tions, as determined by the Secretary, with the implementation of projects under sub- poses in the Rio Grande Basin, including the highest likelihood of preventing the section (a)(2). flood damage reduction’’ after ‘‘assessment’’; spread of aquatic invasive species into reservoirs operated and maintained by the Sec- ‘‘(2) COORDINATION.—The restoration plan (2) in subsection (c)(2)— described in paragraph (1) shall, to the max- (A) by striking ‘‘an interagency agreement retary. imum extent practicable, consider and avoid with’’ and inserting ‘‘1 or more interagency (2) INCLUSIONS.—Locations identified under duplication of any ongoing or planned ac- agreements with the Secretary of State paragraph (1) may include— tions of other Federal, State, and local agen- and’’; and (A) State border crossings; cies and nongovernmental organizations. (B) by inserting ‘‘or the U.S. Section of the (B) international border crossings; and (C) highway entry points that are used by ‘‘(3) PRIORITIZATION.—The restoration plan International Boundary and Water Commis- described in paragraph (1) shall give priority sion’’ after ‘‘the Department of the Inte- owners of watercraft to access boat launch to projects eligible under subsection (a)(2) rior’’; and facilities owned or managed by the Sec- that will also improve water quality or quan- (3) in subsection (f), by striking ‘‘2011’’ and retary. tity or use natural hydrological features and inserting ‘‘2024’’. (3) COST-SHARE.—The non-Federal share of systems. SEC. 5005. LOWER COLUMBIA RIVER AND the cost of operating and maintaining watercraft inspection stations described in ‘‘(4) ADMINISTRATION.—The Federal share of TILLAMOOK BAY ECOSYSTEM RES- the costs of carrying out paragraph (1) shall TORATION, OREGON AND WASH- paragraph (1) (including personnel costs) be 75 percent.’’; INGTON. shall be 50 percent. (3) in subsection (c)— Section 536(g) of the Water Resources De- (4) OTHER INSPECTION SITES.—The Secretary velopment Act of 2000 (114 Stat. 2661) is (A) in paragraph (1), by striking ‘‘to pro- may establish watercraft inspection stations amended by striking ‘‘$30,000,000’’ and insert- vide’’ and all that follows through the period using amounts made available to carry out ing ‘‘$75,000,000’’. this section in States other than those de- at the end and inserting ‘‘for the design and SEC. 5006. ARKANSAS RIVER, ARKANSAS AND scribed in paragraph (1) at or near boat construction of a project carried out pursu- OKLAHOMA. launch facilities that the Secretary deter- ant to the comprehensive Chesapeake Bay (a) PROJECT GOAL.—The goal for operation mines are regularly used by watercraft to restoration plan described in subsection of the McClellan-Kerr Arkansas River navi- enter the States described in paragraph (1). (b).’’; gation system, Arkansas and Oklahoma, (c) MONITORING AND CONTINGENCY PLAN- (B) in paragraph (2)(A), by striking ‘‘facili- shall be to maximize the use of the system in NING.—The Secretary shall— ties or resource protection and development a balanced approach that incorporates ad- (1) carry out risk assessments of each plan’’ and inserting ‘‘resource protection and vice from representatives from all project major public and private water resources fa- restoration plan’’; and purposes to ensure that the full value of the cility in the Columbia River Basin; (C) by adding at the end the following: system is realized by the United States. (2) establish an aquatic invasive species ‘‘(3) PROJECTS ON FEDERAL LAND.—A project (b) MCCLELLAN-KERR ARKANSAS RIVER monitoring program in the Columbia River carried out pursuant to the comprehensive NAVIGATION SYSTEM ADVISORY COMMITTEE.— Basin; Chesapeake Bay restoration plan described (1) IN GENERAL.—In accordance with the (3) establish a Columbia River Basin water- in subsection (b) that is located on Federal Federal Advisory Committee Act (5 U.S.C. shed-wide plan for expedited response to an land shall be carried out at the expense of App.), the Secretary shall establish an advi- infestation of aquatic invasive species; and the Federal agency that owns the land on sory committee for the McClellan-Kerr Ar- (4) monitor water quality, including sedi- which the project will be a carried out. kansas River navigation system, Arkansas ment cores and fish tissue samples, at facili- ‘‘(4) NON-FEDERAL CONTRIBUTIONS.—A Fed- and Oklahoma, project authorized by the Act ties owned or managed by the Secretary in eral agency carrying out a project described of July 24, 1946 (60 Stat. 635, chapter 595). the Columbia River Basin. in paragraph (3) may accept contributions of (2) DUTIES.—The advisory committee (d) COORDINATION.—In carrying out this funds from non-Federal entities to carry out shall— section, the Secretary shall consult and co- that project.’’; (A) serve in an advisory capacity only; and ordinate with— (4) by striking subsection (e) and inserting (B) provide information and recommenda- (1) the States described in subsection (a); the following: tions to the Corps of Engineers relating to (2) Indian tribes; and ‘‘(e) COOPERATION.—In carrying out this the efficiency, reliability, and availability of (3) other Federal agencies, including— section, the Secretary shall cooperate with— the operations of the McClellan-Kerr Arkan- (A) the Department of Agriculture; ‘‘(1) the heads of appropriate Federal agen- sas River navigation system. (B) the Department of Energy; cies, including— (3) SELECTION AND COMPOSITION.—The advi- (C) the Department of Homeland Security; ‘‘(A) the Administrator of the Environ- sory committee shall be— (D) the Department of Commerce; and mental Protection Agency; (A) selected jointly by the Little Rock dis- (E) the Department of the Interior. ‘‘(B) the Secretary of Commerce, acting trict engineer and the Tulsa district engi- (e) AUTHORIZATION OF APPROPRIATIONS.— through the Administrator of the National neer; and There is authorized to be appropriated to the Oceanographic and Atmospheric Administra- (B) composed of members that equally rep- Secretary to carry out this section tion; resent the McClellan-Kerr Arkansas River $30,000,000, of which $5,000,000 may be used to ‘‘(C) the Secretary of the Interior, acting navigation system project purposes. carry out subsection (c). through the Director of the United States (4) AGENCY RESOURCES.—The Little Rock SEC. 5008. UPPER MISSOURI BASIN FLOOD AND Fish and Wildlife Service; and district and the Tulsa district of the Corps of DROUGHT MONITORING. ‘‘(D) the heads of such other Federal agen- Engineers, under the supervision of the (a) IN GENERAL.—The Secretary, in coordi- cies as the Secretary determines to be appro- southwestern division, shall jointly provide nation with the Administrator of the Na- priate; and the advisory committee with adequate staff tional Oceanic and Atmospheric Administra- ‘‘(2) agencies of a State or political sub- assistance, facilities, and resources. tion, the Chief of the Natural Resources Con- division of a State, including the Chesapeake (5) TERMINATION.— servation Service, the Director of the United Bay Commission.’’; (A) IN GENERAL.—Subject to subparagraph States Geological Survey, and the Commis- (5) by striking subsection (f) and inserting (B), the advisory committee shall terminate sioner of the Bureau of Reclamation, shall the following: on the date on which the Secretary submits establish a program to provide for— ‘‘(f) PROJECTS.—The Secretary shall estab- a report to Congress demonstrating increases (1) soil moisture and snowpack monitoring lish, to the maximum extent practicable, at in the efficiency, reliability, and availability in the Upper Missouri River Basin to reduce least 1 project under this section in— of the McClellan-Kerr Arkansas River navi- flood risk and improve river and water re- ‘‘(1) regions within the Chesapeake Bay gation system. source management in the Upper Missouri watershed of each of the basin States of (B) RESTRICTION.—The advisory committee River Basin, as outlined in the February 2013 Delaware, Maryland, New York, Pennsyl- shall terminate not less than 2 calendar report entitled ‘‘Upper Missouri Basin Moni- vania, Virginia, and West Virginia; and years after the date on which the advisory toring Committee—Snow Sampling and In- ‘‘(2) the District of Columbia.’’; committee is established. strumentation Recommendations’’;

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7760 CONGRESSIONAL RECORD — SENATE October 31, 2013 (2) restoring and maintaining existing mid- fault or negligence of the United States or lic Works and Appropriations of the Senate and high-elevation snowpack monitoring its contractors. and the Committees on Transportation and sites operated under the SNOTEL program of (d) AUTHORIZATION OF APPROPRIATIONS.— Infrastructure and Appropriations of the the Natural Resources Conservation Service; For each Indian tribe eligible under this sec- House of Representatives any emergency ac- and tion, there is authorized to be appropriated tions taken pursuant to this section. (3) operating streamflow gages and related to carry out this section not more than SEC. 5012. MIDDLE MISSISSIPPI RIVER PILOT interpretive studies in the Upper Missouri $30,000,000. PROGRAM. River Basin under the cooperative water pro- SEC. 5010. NORTHERN ROCKIES HEADWATERS (a) IN GENERAL.—In accordance with the gram and the national streamflow informa- EXTREME WEATHER MITIGATION. project for navigation, Mississippi River be- tion program of the United States Geological (a) IN GENERAL.—Subject to subsection (b), tween the Ohio and Missouri Rivers (Regu- Service. the Secretary shall establish a program to lating Works), Missouri and Illinois, author- mitigate the impacts of extreme weather (b) AUTHORIZATION OF APPROPRIATIONS.— ized by the Act of June 25, 1910 (36 Stat. 631, events, such as floods and droughts, on com- There is authorized to be appropriated to the chapter 382) (commonly known as the ‘‘River munities, water users, and fish and wildlife Secretary to carry out this section and Harbor Act of 1910’’), the Act of January located in and along the headwaters of the $11,250,000. 1, 1927 (44 Stat. 1010, chapter 47) (commonly Columbia, Missouri, and Yellowstone Rivers (c) USE OF FUNDS.—Amounts made avail- known as the ‘‘River and Harbor Act of able to the Secretary under this section shall (including the tributaries of those rivers) in the States of Idaho and Montana by carrying 1927’’), and the Act of July 3, 1930 (46 Stat. be used to complement other related activi- 918, chapter 847), the Secretary shall carry ties of Federal agencies that are carried out out river, stream, and floodplain protection and restoration projects, including— out a pilot program to restore and protect within the Missouri River Basin. fish and wildlife habitat in the middle Mis- (d) REPORT.—Not later than 1 year after (1) floodplain restoration and reconnec- sissippi River. the date of enactment of this Act, the Comp- tion; (b) AUTHORIZED ACTIVITIES.—As part of the troller General of the United States, in con- (2) floodplain and riparian area protection pilot program carried out under subsection sultation with the Secretary, shall submit to through the use of conservation easements; (a), the Secretary may carry out any activ- the Committee on Environment and Public (3) instream flow restoration projects; Works of the Senate and the Committee on (4) fish passage improvements; ity along the Middle Mississippi River that is Transportation and Infrastructure of the (5) channel migration zone mapping; and necessary to improve navigation through the House of Representatives a report that— (6) invasive weed management. project while restoring and protecting fish (1) identifies progress made by the Sec- (b) RESTRICTION.—All projects carried out and wildlife habitat in the middle Mississippi retary and other Federal agencies to imple- using amounts made available to carry out River if the Secretary determines that the ment the recommendations contained in the this section shall emphasize the protection activity is feasible. report described in subsection (a)(1) with re- and enhancement of natural riverine proc- (c) COST-SHARING REQUIREMENT.— spect to enhancing soil moisture and esses. (1) IN GENERAL.—The maximum Federal snowpack monitoring in the Upper Missouri (c) NON-FEDERAL COST SHARE.—The non- share of the cost of carrying out a project Basin; and Federal share of the costs of carrying out a under this section shall be 65 percent. (2) includes recommendations to enhance project under this section shall not exceed 35 (2) AMOUNT EXPENDED PER PROJECT.—The soil moisture and snowpack monitoring in percent of the total cost of the project. Federal share described in paragraph (1) the Upper Missouri Basin. (d) COORDINATION.—In carrying out this shall not exceed $10,000,000 for each project. section, the Secretary— (d) AUTHORIZATION OF APPROPRIATIONS.— SEC. 5009. UPPER MISSOURI BASIN SHORELINE EROSION PREVENTION. (1) shall consult and coordinate with the There is authorized to be appropriated to (a) IN GENERAL.— appropriate State natural resource agency in carry out this section $25,000,000 for each of (1) AUTHORIZATION OF ASSISTANCE.—The each State; and fiscal years 2014 through 2023. Secretary may provide planning, design, and (2) may— SEC. 5013. IDAHO, MONTANA, RURAL NEVADA, construction assistance to not more than 3 (A) delegate any authority or responsi- NEW MEXICO, RURAL UTAH, AND WY- federally-recognized Indian tribes in the bility of the Secretary under this section to OMING. Upper Missouri River Basin to undertake those State natural resource agencies; and Section 595 of the Water Resources Devel- measures to address shoreline erosion that is (B) provide amounts made available to the opment Act of 1999 (Public Law 106–53; 113 jeopardizing existing infrastructure result- Secretary to carry out this section to those Stat. 383) is amended— ing from operation of a reservoir constructed State natural resource agencies. (1) by striking subsection (c) and inserting IMITATIONS.—Nothing in this section under the Pick-Sloan Missouri River Basin (e) L the following: invalidates, preempts, or creates any excep- Program (authorized by section 9 of the Act ‘‘(c) FORM OF ASSISTANCE.—Assistance tion to State water law, State water rights, of December 22, 1944 (commonly known as under this section may be in the form of— or Federal or State permitted activities or the ‘‘Flood Control Act of 1944’’) (58 Stat. 891, ‘‘(1) design and construction assistance for agreements in the States of Idaho and Mon- chapter 665)). water-related environmental infrastructure tana or any State containing tributaries to (2) LIMITATION.—The projects described in and resource protection and development in rivers in those States. paragraph (1) shall be economically justified, Idaho, Montana, rural Nevada, New Mexico, (f) EFFECT OF SECTION.— technically feasible, and environmentally ac- rural Utah, and Wyoming, including projects (1) IN GENERAL.—Nothing in this section re- for— ceptable. places or provides a substitute for the au- (b) FEDERAL AND NON-FEDERAL COST ‘‘(A) wastewater treatment and related fa- thority to carry out projects under section SHARE.— cilities; 3110 of the Water Resources Development (1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) water supply and related facilities; Act of 2007 (121 Stat. 1135). the Federal share of the costs of carrying out ‘‘(C) environmental restoration; and (2) FUNDING.—The amounts made available this section shall be not less than 75 percent. ‘‘(D) surface water resource protection and to carry out this section shall be used to (2) ABILITY TO PAY.—The Secretary may development; and carry out projects that are not otherwise adjust the Federal and non-Federal shares of ‘‘(2) technical assistance to small and rural carried out under section 3110 of the Water the costs of carrying out this section in ac- communities for water planning and issues Resources Development Act of 2007 (121 Stat. cordance with the terms and conditions of relating to access to water resources.’’; and 1135). section 103(m) of the Water Resources Devel- (2) by striking subsection (h) and inserting (g) AUTHORIZATION OF APPROPRIATIONS.— the following: opment Act of 1986 (33 U.S.C. 2213(m)). There is authorized to be appropriated to the (c) CONDITIONS.—The Secretary may pro- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Secretary to carry out this section vide the assistance described in subsection There is authorized to be appropriated to $30,000,000. (a) only after— carry out this section for the period begin- SEC. 5011. AQUATIC NUISANCE SPECIES PREVEN- ning with fiscal year 2001 $450,000,000, which (1) consultation with the Department of TION, GREAT LAKES AND MIS- the Interior; and SISSIPPI RIVER BASIN. shall— ‘‘(1) be made available to the States and (2) execution by the Indian tribe of a (a) IN GENERAL.—The Secretary is author- memorandum of agreement with the Sec- ized to implement measures recommended in locales described in subsection (b) consistent retary that specifies that the tribe shall— the efficacy study authorized under section with program priorities determined by the (A) be responsible for— 3061 of the Water Resources Development Secretary in accordance with criteria devel- (i) all operation and maintenance activi- Act of 2007 (121 Stat. 1121) or in interim re- oped by the Secretary to establish the pro- ties required to ensure the integrity of the ports, with any modifications or any emer- gram priorities; and measures taken; and gency measures that the Secretary deter- ‘‘(2) remain available until expended.’’. (ii) providing any required real estate in- mines to be appropriate to prevent aquatic SEC. 5014. CHESAPEAKE BAY OYSTER RESTORA- terests in and to the property on which such nuisance species from dispersing into the TION IN VIRGINIA AND MARYLAND. measures are to be taken; and Great Lakes by way of any hydrologic con- Section 704(b) of Water Resources Develop- (B) hold and save the United States free nection between the Great Lakes and the ment Act of 1986 (33 U.S.C. 2263(b)) is amend- from damages arising from planning, design, Mississippi River Basin. ed— or construction assistance provided under (b) REPORTS.—The Secretary shall report (1) in paragraph (1), by striking this section, except for damages due to the to the Committees on Environment and Pub- ‘‘$50,000,000’’ and inserting ‘‘$70,000,000’’; and

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7761 (2) by striking subparagraph (B) of para- if the detailed project report evaluation indi- SEC. 5019. RELEASE OF USE RESTRICTIONS. graph (4) and inserting the following: cates that applying that section is necessary Notwithstanding any other provision of ‘‘(B) FORM.—The non-Federal share may be to implement the project. law, the Tennessee Valley Authority shall, provided through in-kind services, includ- ‘‘(3) COST.—The Federal share of the cost of without monetary consideration, grant re- ing— carrying out a project under this section leases from real estate restrictions estab- ‘‘(i) the provision by the non-Federal inter- shall not exceed $10,000,000. lished pursuant to section 4(k)(b) of the Ten- est of shell stock material that is deter- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— nessee Valley Authority Act of 1933 (16 mined by the Secretary to be suitable for use There is authorized to be appropriated to U.S.C. 831c(k)(b)) with respect to tracts of in carrying out the project; and carry out projects initiated by the Secretary land identified in section 4(k)(b) of that Act; ‘‘(ii) in the case of a project carried out under this subsection $100,000,000 for fiscal provided that such releases shall be granted under paragraph (2)(D) after the date of en- years 2014 through 2023.’’. in a manner consistent with applicable TVA actment of this clause, land conservation or policies. SEC. 5018. MULTIAGENCY EFFORT TO SLOW THE SEC. 5020. RIGHTS AND RESPONSIBILITIES OF restoration efforts undertaken by the non- SPREAD OF ASIAN CARP IN THE Federal interest that the Secretary deter- CHEROKEE NATION OF OKLAHOMA UPPER MISSISSIPPI RIVER AND REGARDING W.D. MAYO LOCK AND mines provide water quality benefits that— OHIO RIVER BASINS AND TRIBU- DAM, OKLAHOMA. ‘‘(I) enhance the viability of oyster res- TARIES. Section 1117 of the Water Resources Devel- toration efforts; and (a) MULTIAGENCY EFFORT TO SLOW THE opment Act of 1986 (Public Law 99–662; 100 ‘‘(II) are integral to the project.’’. SPREAD OF ASIAN CARP IN THE UPPER MIS- Stat. 4236) is amended to read as follows: SEC. 5015. MISSOURI RIVER BETWEEN FORT SISSIPPI AND OHIO RIVER BASINS AND TRIBU- ‘‘SEC. 1117. W.D. MAYO LOCK AND DAM, OKLA- PECK DAM, MONTANA AND GAVINS TARIES.— HOMA. POINT DAM, SOUTH DAKOTA AND (1) IN GENERAL.—The Director of the ‘‘(a) IN GENERAL.—Notwithstanding any NEBRASKA. United States Fish and Wildlife Service, in other provision of law, the Cherokee Nation Section 9(f) of the Act of December 22, 1944 coordination with the Chief of Engineers, the of Oklahoma has authorization— (commonly known as the ‘‘Flood Control Act Director of the National Park Service, and ‘‘(1) to design and construct 1 or more hy- of 1944’’) (58 Stat. 891, chapter 665; 102 Stat. the Director of the United States Geological droelectric generating facilities at the W.D. 4031) is amended by striking ‘‘$3,000,000’’ and Survey, shall lead a multiagency effort to Mayo Lock and Dam on the Arkansas River inserting ‘‘$5,000,000’’. slow the spread of Asian carp in the Upper in the State of Oklahoma, subject to the re- SEC. 5016. OPERATIONS AND MAINTENANCE OF Mississippi and Ohio River basins and tribu- quirements of subsection (b) and in accord- INLAND MISSISSIPPI RIVER PORTS. taries by providing high-level technical as- ance with the conditions specified in this (a) DEFINITIONS.—In this section: sistance, coordination, best practices, and section; and (1) SHALLOW DRAFT.—The term ‘‘shallow support to State and local governments in ‘‘(2) to market the electricity generated draft’’ means a project that has a depth less carrying out activities designed to slow, and from any such hydroelectric generating fa- than 14 feet. eventually eliminate, the threat posed by cility. (2) INLAND MISSISSIPPI RIVER.—The term Asian carp. ‘‘(b) PRECONSTRUCTION REQUIREMENTS.— ‘‘inland Mississippi River’’ means the por- (2) BEST PRACTICES.—To the maximum ex- ‘‘(1) IN GENERAL.—The Cherokee Nation tion of the Mississippi River that begins at tent practicable, the multiagency effort shall obtain any permit required by Federal the confluence of the Minnesota River and shall apply lessons learned and best practices or State law before the date on which con- ends at the confluence of the Red River. such as those described in the document pre- struction begins on any hydroelectric gener- (b) IN GENERAL.—The Secretary, acting pared by the Asian Carp Working Group enti- ating facility under subsection (a). through the Chief of Engineers, shall carry tled ‘‘Management and Control Plan for Big- ‘‘(2) REVIEW BY SECRETARY.—The Cherokee out dredging activities on shallow draft head, Black, Grass, and Silver Carps in the Nation may initiate the design or construc- ports located on the Inland Mississippi River United States’’, and dated November 2007, tion of a hydroelectric generating facility to the respective authorized widths and and the document prepared by the Asian under subsection (a) only after the Secretary depths of those inland ports, as authorized Carp Regional Coordinating Committee enti- reviews and approves the plans and specifica- on the date of enactment of this Act. tled ‘‘FY 2012 Asian Carp Control Strategy tions for the design and construction. ‘‘(c) PAYMENT OF DESIGN AND CONSTRUCTION (c) AUTHORIZATION OF APPROPRIATIONS.— Framework’’ and dated February 2012. COSTS.— For each fiscal year, there is authorized to (b) REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—The Cherokee Nation be appropriated to the Secretary to carry (1) IN GENERAL.—Not later than December out this section $25,000,000. shall— 31 of each year, the Director of the United ‘‘(A) bear all costs associated with the de- SEC. 5017. REMOTE AND SUBSISTENCE HARBORS. States Fish and Wildlife Service, in coordi- sign and construction of any hydroelectric Section 2006 of the Water Resources Devel- nation with the Chief of Engineers, shall sub- generating facility under subsection (a); and opment Act of 2007 (33 U.S.C. 2242) is amend- mit to the Committee on Appropriations and ‘‘(B) provide any funds necessary for the ed— the Committee on Natural Resources of the design and construction to the Secretary (1) in subsection (a)— House of Representatives and the Committee prior to the Secretary initiating any activi- (A) in paragraph (1)(B), by inserting ‘‘or on Appropriations and the Committee on En- ties relating to the design and construction Alaska’’ after ‘‘Hawaii’’; and vironmental and Public Works of the Senate of the hydroelectric generating facility. (B) in paragraph (2)— a report describing the coordinated strate- ‘‘(2) USE BY SECRETARY.—The Secretary (i) by striking ‘‘community’’ and inserting gies established and progress made toward may— ‘‘region’’; and goals to control and eliminate Asian carp in ‘‘(A) accept funds offered by the Cherokee (ii) by inserting ‘‘, as determined by the the Upper Mississippi and Ohio River basins Nation under paragraph (1); and Secretary based on information provided by and tributaries. ‘‘(B) use the funds to carry out the design the non-Federal interest’’ after ‘‘improve- (2) CONTENTS.—Each report submitted and construction of any hydroelectric gener- ment’’; and under paragraph (1) shall include— ating facility under subsection (a). (2) by adding at the end the following: (A) any observed changes in the range of ‘‘(d) ASSUMPTION OF LIABILITY.—The Cher- ‘‘(c) PRIORITIZATION.—Projects rec- Asian carp in the Upper Mississippi and Ohio okee Nation— ommended by the Secretary under sub- River basins and tributaries during the 2- ‘‘(1) shall hold all title to any hydro- section (a) shall be given equivalent budget year period preceding submission of the re- electric generating facility constructed consideration and priority as projects rec- port; under this section; ommended solely by national economic de- (B) a summary of Federal agency efforts, ‘‘(2) may, subject to the approval of the velopment benefits. including cooperative efforts with non-Fed- Secretary, assign that title to a third party; ‘‘(d) CONSTRUCTION.— eral partners, to control the spread of Asian ‘‘(3) shall be solely responsible for— ‘‘(1) IN GENERAL.—The Secretary may plan, carp in the Upper Mississippi and Ohio River ‘‘(A) the operation, maintenance, repair, design, or construct projects for navigation basins and tributaries; replacement, and rehabilitation of any such in the noncontiguous States and territories (C) any research that the Director deter- facility; and of the United States if the Secretary finds mines could improve the ability to control ‘‘(B) the marketing of the electricity gen- that the project is— the spread of Asian carp in the Upper Mis- erated by any such facility; and ‘‘(A) technically feasible; sissippi and Ohio River basins and tribu- ‘‘(4) shall release and indemnify the United ‘‘(B) environmentally sound; and taries; States from any claims, causes of action, or ‘‘(C) economically justified. (D) any quantitative measures that Direc- liabilities that may arise out of any activity ‘‘(2) SPECIAL RULE.—In evaluating and im- tor intends to use to document progress in undertaken to carry out this section. plementing a project under this section, the controlling the spread of Asian carp in the ‘‘(e) ASSISTANCE AVAILABLE.—Notwith- Secretary shall allow the non-Federal inter- Upper Mississippi and Ohio River basins and standing any other provision of law, the Sec- est to participate in the financing of the tributaries; and retary may provide any technical and con- project in accordance with the criteria es- (E) a cross-cut accounting of Federal and struction management assistance requested tablished for flood control projects in section non-Federal expenditures to control the by the Cherokee Nation relating to the de- 903(c) of the Water Resources Development spread of Asian carp in the Upper Mississippi sign and construction of any hydroelectric Act of 1986 (Public Law 99–662; 100 Stat. 4184) and Ohio River basins and tributaries. generating facility under subsection (a).

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‘‘(f) THIRD PARTY AGREEMENTS.—The Cher- (4) SEVERE FLOODING AND DROUGHT.—The (1) the date on which the Site does not okee Nation may enter into agreements with term ‘‘severe flooding and drought’’ means have any remaining disposal capacity; the Secretary or a third party that the Cher- severe weather events that threaten personal (2) the date on which an environmental im- okee Nation or the Secretary determines to safety, property, and navigation on the in- pact statement designating an alternative be necessary to carry out this section.’’. land waterways of the United States. dredged material disposal site for southern SEC. 5021. UPPER MISSISSIPPI RIVER PROTEC- (b) IN GENERAL.—The Secretary shall carry Maine has been completed; or TION. out a study of the greater Mississippi River (3) the date that is 5 years after the date of (a) DEFINITION OF UPPER ST. ANTHONY Basin— enactment of this Act. FALLS LOCK AND DAM.—In this section, the (1) to improve the coordinated and com- (c) LIMITATIONS.—The use of the Site as a term ‘‘Upper St. Anthony Falls Lock and prehensive management of water resource dredged material disposal site under sub- Dam’’ means the lock and dam located on projects in the greater Mississippi River section (a) shall be subject to the conditions Mississippi River mile 853.9 in Minneapolis, Basin relating to severe flooding and drought that— Minnesota. conditions; and (1) conditions at the Site remain suitable (b) ECONOMIC IMPACT STUDY.—Not later (2) to evaluate the feasibility of any modi- for the continued use of the Site as a dredged than 180 days after the date of enactment of fications to those water resource projects, material disposal site; and this Act, the Secretary shall submit to Con- consistent with the authorized purposes of (2) the Site not be used for the disposal of gress a report regarding the impact of clos- those projects, and develop new water re- more than 80,000 cubic yards from any single ing the Upper St. Anthony Falls Lock and source projects to improve the reliability of dredging project. Dam on the economic and environmental navigation and more effectively reduce flood TITLE VI—LEVEE SAFETY well-being of the State of Minnesota. risk. SEC. 6001. SHORT TITLE. (c) MANDATORY CLOSURE.—Notwith- (c) CONTENTS.—The study shall— This title may be cited as the ‘‘National standing subsection (b) and not later than 1 (1) identify any Federal actions that are Levee Safety Program Act’’. likely to prevent and mitigate the impacts year after the date of enactment of this Act, SEC. 6002. FINDINGS; PURPOSES. of severe flooding and drought, including the Secretary shall close the Upper St. An- (a) FINDINGS.—Congress finds that— changes to authorized channel dimensions, thony Falls Lock and Dam if the Secretary (1) there is a need to establish a national operational procedures of locks and dams, determines that the annual average tonnage levee safety program to provide national and reservoir management within the great- moving through the Upper St. Anthony Falls leadership and encourage the establishment er Mississippi River Basin, consistent with Lock and Dam for the preceding 5 years is of State and tribal levee safety programs; the authorized purposes of the water re- not more than 1,500,000 tons. (2) according to the National Committee source projects; (d) EMERGENCY OPERATIONS.—Nothing in on Levee Safety, ‘‘the level of protection and (2) identify and make recommendations to this section prevents the Secretary from car- robustness of design and construction of lev- remedy challenges to the Corps of Engineers rying out emergency lock operations nec- ees vary considerably across the country’’; presented by severe flooding and drought, in- essary to mitigate flood damage. (3) knowing the location, condition, and cluding river access, in carrying out its mis- SEC. 5022. ARCTIC DEEP DRAFT PORT DEVELOP- ownership of levees, as well as understanding sion to maintain safe, reliable navigation, MENT PARTNERSHIPS. the population and infrastructure at risk in consistent with the authorized purposes of (a) IN GENERAL.—The Secretary may pro- leveed areas, is necessary for identification the water resource projects in the greater vide technical assistance, including plan- and prioritization of activities associated Mississippi River Basin; and ning, design, and construction assistance, to with levees; (3) identify and locate natural or other non-Federal public entities, including Indian (4) levees are an important tool for reduc- physical impediments along the middle and tribes (as defined in section 4 of the Indian ing flood risk and should be considered in the lower Mississippi River to maintaining navi- Self-Determination and Education Assist- context of broader flood risk management ef- ance Act (25 U.S.C. 450b)), for the develop- gation on the middle and lower Mississippi forts; ment, construction, operation, and mainte- River during periods of low water. (5) States and Indian tribes— (d) CONSULTATION AND USE OF EXISTING nance of channels, harbors, and related infra- (A) are uniquely positioned to oversee, co- DATA.—In carrying out the study, the Sec- structure associated with deep draft ports ordinate, and regulate local and regional retary shall— for purposes of dealing with Arctic develop- levee systems; and (1) consult with appropriate committees of ment and security needs. (B) should be encouraged to participate in Congress, Federal, State, tribal, and local (b) ACCEPTANCE OF FUNDS.—The Secretary a national levee safety program by estab- agencies, environmental interests, agricul- is authorized to accept and expend funds pro- lishing individual levee safety programs; and tural interests, recreational interests, river vided by non-Federal public entities, includ- (6) States, Indian tribes, and local govern- navigation industry representatives, other ing Indian tribes (as defined in section 4 of ments that do not invest in protecting the shipping and business interests, organized the Indian Self-Determination and Edu- individuals and property located behind lev- labor, and nongovernmental organizations; cation Assistance Act (25 U.S.C. 450b)), to ees place those individuals and property at (2) to the maximum extent practicable, use carry out the activities described in sub- risk. section (a). data in existence as of the date of enactment (b) PURPOSES.—The purposes of this title (c) LIMITATION.—No assistance may be pro- of this Act; and are— vided under this section until after the date (3) incorporate lessons learned and best (1) to promote sound technical practices in on which the entity to which that assistance practices developed as a result of past severe levee design, construction, operation, inspec- is to be provided enters into a written agree- flooding and drought events, including major tion, assessment, security, and maintenance; ment with the Secretary that includes such floods and the successful effort to maintain (2) to ensure effective public education and terms and conditions as the Secretary deter- navigation during the near historic low awareness of risks involving levees; mines to be appropriate and in the public in- water levels on the Mississippi River during (3) to establish and maintain a national terest. the winter of 2012–2013. levee safety program that emphasizes the (d) PRIORITIZATION.—The Secretary shall (e) COST-SHARING.—The Federal share of protection of human life and property; and prioritize Arctic deep draft ports identified the cost of carrying out the study under this (4) to implement solutions and incentives by the Army Corps, the Department of section shall be 100 percent. that encourage the establishment of effec- (f) REPORT.—Not later than 3 years after Homeland Security and the Department of tive State and tribal levee safety programs. the date of enactment of this Act, the Sec- Defense. retary shall submit to Congress a report on SEC. 6003. DEFINITIONS. In this title: SEC. 5023. GREATER MISSISSIPPI RIVER BASIN the study carried out under this section. SEVERE FLOODING AND DROUGHT OARD (g) SAVINGS CLAUSE.—Nothing in this sec- (1) B .—The term ‘‘Board’’ means the MANAGEMENT STUDY. tion impacts the operations and mainte- National Levee Safety Advisory Board estab- (a) DEFINITIONS.—In this section: nance of the Missouri River Mainstem Sys- lished under section 6005. (1) GREATER MISSISSIPPI RIVER BASIN.—The tem, as authorized by the Act of December (2) CANAL STRUCTURE.— term ‘‘greater Mississippi River Basin’’ 22, 1944 (58 Stat. 897, chapter 665). (A) IN GENERAL.—The term ‘‘canal struc- means the area covered by hydrologic units SEC. 5024. CAPE ARUNDEL DISPOSAL SITE, ture’’ means an embankment, wall, or struc- 5, 6, 7, 8, 10, and 11, as identified by the MAINE. ture along a canal or manmade watercourse United States Geological Survey as of the (a) IN GENERAL.—The Secretary, in concur- that— date of enactment of this Act. rence with the Administrator of the Environ- (i) constrains water flows; (2) LOWER MISSISSIPPI RIVER.—The term mental Protection Agency, is authorized to (ii) is subject to frequent water loading; ‘‘lower Mississippi River’’ means the portion reopen the Cape Arundel Disposal Site se- and of the Mississippi River that begins at the lected by the Department of the Army as an (iii) is an integral part of a flood risk re- confluence of the Ohio River and flows to the alternative dredged material disposal site duction system that protects the leveed area Gulf of Mexico. under section 103(b) of the Marine Protec- from flood waters associated with hurri- (3) MIDDLE MISSISSIPPI RIVER.—The term tion, Research, and Sanctuaries Act of 1972 canes, precipitation events, seasonal high ‘‘middle Mississippi River’’ means the por- (33 U.S.C. 1413(b)) (referred to in this section water, and other weather-related events. tion of the Mississippi River that begins at as the ‘‘Site’’). (B) EXCLUSION.—The term ‘‘canal struc- the confluence of the Missouri River and (b) DEADLINE.—The Site may remain open ture’’ does not include a barrier across a wa- flows to the lower Mississippi River. under subsection (a) until the earlier of— tercourse.

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(3) FEDERAL AGENCY.—The term ‘‘Federal lines established by the Secretary under sec- (B) identifying and reducing flood risks as- agency’’ means a Federal agency that de- tion 6004(c)(1). sociated with residual risk to communities signs, finances, constructs, owns, operates, (11) LEVEE SEGMENT.—The term ‘‘levee seg- protected by levees and levee systems; maintains, or regulates the construction, opment’’ means a discrete portion of a levee (C) identifying local actions that may be eration, or maintenance of a levee. system that is owned, operated, and main- carried out to reduce flood risks in leveed (4) FLOOD DAMAGE REDUCTION SYSTEM.—The tained by a single entity or discrete set of areas; and term ‘‘flood damage reduction system’’ entities. (D) rehabilitating, improving, replacing, means a system designed and constructed to (12) LEVEE SYSTEM.—The term ‘‘levee sys- reconfiguring, modifying, and removing lev- have appreciable and dependable effects in tem’’ means 1 or more levee segments, in- ees and levee systems. reducing damage by floodwaters. cluding all levee features that are inter- (b) MANAGEMENT.— (5) FLOOD MITIGATION.—The term ‘‘flood connected and necessary to ensure protec- (1) IN GENERAL.—The Secretary shall ap- mitigation’’ means any structural or non- tion of the associated leveed areas— point— structural measure that reduces risks of (A) that collectively provide flood damage (A) an administrator of the national levee flood damage by reducing the probability of reduction to a defined area; and safety program; and flooding, the consequences of flooding, or (B) the failure of 1 of which may result in (B) such staff as is necessary to implement both. the failure of the entire system. the program. (6) FLOODPLAIN MANAGEMENT.—The term (13) LEVEED AREA.—The term ‘‘leveed area’’ (2) ADMINISTRATOR.—The sole duty of the ‘‘floodplain management’’ means the oper- means the land from which flood water in administrator appointed under paragraph ation of a community program of corrective the adjacent watercourse is excluded by the (1)(A) shall be the management of the na- and preventative measures for reducing flood levee system. tional levee safety program. damage. (14) NATIONAL LEVEE DATABASE.—The term (c) LEVEE SAFETY GUIDELINES.— (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ‘‘national levee database’’ means the levee (1) ESTABLISHMENT.—Not later than 1 year has the meaning given the term in section 4 database established under section 9004 of after the date of enactment of this Act, the of the Indian Self-Determination and Edu- the Water Resources Development Act of Secretary, in consultation with the Adminis- cation Assistance Act (25 U.S.C. 450b). 2007 (33 U.S.C. 3303). trator of the Federal Emergency Manage- (8) LEVEE.— (15) PARTICIPATING PROGRAM.—The term ment Agency and in coordination with State (A) IN GENERAL.—The term ‘‘levee’’ means ‘‘participating program’’ means a levee safe- and local governments and organizations a manmade barrier (such as an embankment, ty program developed by a State or Indian with expertise in levee safety, shall establish floodwall, or other structure)— tribe that includes the minimum compo- a set of voluntary, comprehensive, national (i) the primary purpose of which is to pro- nents necessary for recognition by the Sec- levee safety guidelines that— vide hurricane, storm, or flood protection re- retary. (A) are available for common, uniform use lating to seasonal high water, storm surges, (16) REHABILITATION.—The term ‘‘rehabili- by all Federal, State, tribal, and local agen- precipitation, or other weather events; and tation’’ means the repair, replacement, re- cies; (ii) that is normally subject to water load- construction, removal of a levee, or reconfig- (B) incorporate policies, procedures, standing for only a few days or weeks during a cal- uration of a levee system, including a set- ards, and criteria for a range of levee types, endar year. back levee, that is carried out to reduce canal structures, and related facilities and (B) INCLUSIONS.—The term ‘‘levee’’ includes flood risk or meet national levee safety features; and a levee system, including— guidelines. (C) provide for adaptation to local, re- (i) levees and canal structures that— (17) RISK.—The term ‘‘risk’’ means a meas- gional, or watershed conditions. (I) constrain water flows; ure of the probability and severity of unde- (2) REQUIREMENT.—The policies, proce- (II) are subject to more frequent water sirable consequences. dures, standards, and criteria under para- loading; and (18) SECRETARY.—The term ‘‘Secretary’’ graph (1)(B) shall be developed taking into (III) do not constitute a barrier across a means the Secretary of the Army, acting consideration the levee hazard potential watercourse; and through the Chief of Engineers. classification system established under sub- (ii) roadway and railroad embankments, (19) STATE.—The term ‘‘State’’ means— section (d). but only to the extent that the embank- (A) each of the several States of the United (3) ADOPTION BY FEDERAL AGENCIES.—All ments are integral to the performance of a States; Federal agencies shall consider the levee flood damage reduction system. (B) the District of Columbia; safety guidelines in activities relating to the (C) EXCLUSIONS.—The term ‘‘levee’’ does (C) the Commonwealth of Puerto Rico; management of levees. not include— (D) Guam; (4) PUBLIC COMMENT.—Prior to finalizing (i) a roadway or railroad embankment that (E) American Samoa; the guidelines under this subsection, the is not integral to the performance of a flood (F) the Commonwealth of the Northern Secretary shall— damage reduction system; Mariana Islands; (A) issue draft guidelines for public com- (ii) a canal constructed completely within (G) the Federated States of Micronesia; ment; and natural ground without any manmade struc- (H) the Republic of the Marshall Islands; (B) consider any comments received in the ture (such as an embankment or retaining (I) the Republic of Palau; and development of final guidelines. wall to retain water or a case in which water (J) the United States Virgin Islands. (d) HAZARD POTENTIAL CLASSIFICATION SYS- is retained only by natural ground); SEC. 6004. NATIONAL LEVEE SAFETY PROGRAM. TEM.— (iii) a canal regulated by a Federal or (1) ESTABLISHMENT.—The Secretary shall State agency in a manner that ensures that (a) ESTABLISHMENT.—The Secretary, in establish a hazard potential classification applicable Federal safety criteria are met; consultation with the Administrator of the system for use under the national levee safe- (iv) a levee or canal structure— Federal Emergency Management Agency, ty program and participating programs. (I) that is not a part of a Federal flood shall establish a national levee safety pro- (2) REVISION.—The Secretary shall review damage reduction system; gram to provide national leadership and con- and, as necessary, revise the hazard poten- (II) that is not recognized under the Na- sistent approaches to levee safety, includ- tial classification system not less frequently tional Flood Insurance Program as providing ing— than once every 5 years. protection from the 1-percent-annual-chance (1) a national levee database; (3) CONSISTENCY.—The hazard potential or greater flood; (2) an inventory and inspection of Federal classification system established pursuant to (III) that is not greater than 3 feet high; and non-Federal levees; this subsection shall be consistent with and (IV) the population in the leveed area of (3) national levee safety guidelines; incorporated into the levee safety action which is less than 50 individuals; and (4) a hazard potential classification system classification tool developed by the Corps of (V) the leveed area of which is less than for Federal and non-Federal levees; Engineers. 1,000 acres; or (5) research and development; (e) TECHNICAL ASSISTANCE AND MATE- (v) any shoreline protection or river bank (6) a national public education and aware- RIALS.— protection system (such as revetments or ness program, with an emphasis on commu- (1) ESTABLISHMENT.—The Secretary, in barrier islands). nication regarding the residual risk to com- consultation with the Administrator of the (9) LEVEE FEATURE.—The term ‘‘levee fea- munities protected by levees and levee sys- Federal Emergency Management Agency and ture’’ means a structure that is critical to tems; in coordination with the Board, shall estab- the functioning of a levee, including— (7) coordination of levee safety, floodplain lish a national levee safety technical assist- (A) an embankment section; management, and environmental protection ance and training program to develop and de- (B) a floodwall section; activities; liver technical support and technical assist- (C) a closure structure; (8) development of State and tribal levee ance materials, curricula, and training in (D) a pumping station; safety programs; and order to promote levee safety and assist (E) an interior drainage work; and (9) the provision of technical assistance States, communities, and levee owners in— (F) a flood damage reduction channel. and materials to States and Indian tribes re- (A) developing levee safety programs; (10) LEVEE SAFETY GUIDELINES.—The term lating to— (B) identifying and reducing flood risks as- ‘‘levee safety guidelines’’ means the guide- (A) developing levee safety programs; sociated with levees;

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(C) identifying local actions that may be (i) STATE AND TRIBAL LEVEE SAFETY PRO- (2) REQUIREMENTS.—To be eligible to re- carried out to reduce flood risks in leveed GRAM.— ceive assistance under this subsection, a areas; and (1) GUIDELINES.— State, Indian tribe, or local government (D) rehabilitating, improving, replacing, (A) IN GENERAL.—Not later than 1 year shall— reconfiguring, modifying, and removing lev- after the date of enactment of this Act, in (A) participate in, and comply with, all ap- ees and levee systems. consultation with the Administrator of the plicable Federal floodplain management and (2) USE OF SERVICES.—In establishing the Federal Emergency Management Agency and flood insurance programs; national levee safety training program under in coordination with the Board, the Sec- (B) have in place a hazard mitigation plan paragraph (1), the Secretary may use the retary shall issue guidelines that establish that— services of— the minimum components necessary for rec- (i) includes all levee risks; and (A) the Corps of Engineers; ognition of a State or tribal levee safety pro- (ii) complies with the Disaster Mitigation (B) the Federal Emergency Management gram as a participating program. Act of 2000 (Public Law 106–390; 114 Stat. Agency; (B) GUIDELINE CONTENTS.—The guidelines 1552); (C) the Bureau of Reclamation; and under subparagraph (A) shall include provi- (C) submit to the Secretary an application (D) other appropriate Federal agencies, as sions and procedures requiring each partici- at such time, in such manner, and con- determined by the Secretary. pating State and Indian tribe to certify to taining such information as the Secretary (f) COMPREHENSIVE NATIONAL PUBLIC EDU- the Secretary that the State or Indian tribe, may require; and as applicable— CATION AND AWARENESS CAMPAIGN.— (D) comply with such minimum eligibility (i) has the authority to participate in the (1) ESTABLISHMENT.—The Secretary, in co- requirements as the Secretary, in consulta- national levee safety program; ordination with the Administrator of the tion with the Board, may establish to ensure (ii) can receive funds under this title; Federal Emergency Management Agency and that each owner and operator of a levee (iii) has adopted any national levee safety the Board, shall establish a national public under a participating State or tribal levee guidelines developed under this title; education and awareness campaign relating safety program— (iv) will carry out levee inspections; to the national levee safety program. (i) acts in accordance with the guidelines (v) will carry out, consistent with applica- (2) PURPOSES.—The purposes of the cam- developed in subsection (c); and paign under paragraph (1) are— ble requirements, flood risk management and any emergency action planning proce- (ii) carries out activities relating to the (A) to educate individuals living in leveed public in the leveed area in accordance with areas regarding the risks of living in those dures the Secretary determines to be necessary relating to levees; the hazard mitigation plan described in sub- areas; (vi) will carry out public education and paragraph (B). (B) to promote consistency in the trans- awareness activities consistent with the na- (3) FLOODPLAIN MANAGEMENT PLANS.— mission of information regarding levees tional public education and awareness cam- (A) IN GENERAL.—Not later than 1 year among government agencies; and paign established under subsection (f); and after the date of execution of a project agree- (C) to provide national leadership regard- (vii) will collect and share information re- ment for assistance under this subsection, a ing risk communication for implementation garding the location and condition of levees. State, Indian tribe, or local government at the State and local levels. (C) PUBLIC COMMENT.—Prior to finalizing shall prepare a floodplain management plan (g) COORDINATION OF LEVEE SAFETY, FLOOD- the guidelines under this paragraph, the Sec- in accordance with the guidelines under sub- PLAIN MANAGEMENT, AND ENVIRONMENTAL retary shall— paragraph (D) to reduce the impacts of fu- CONCERNS.—The Secretary, in consultation (i) issue draft guidelines for public com- ture flood events in each applicable leveed with the Administrator of the Federal Emer- ment; and area. gency Management Agency and in coordina- (ii) consider any comments received in the (B) INCLUSIONS.—A plan under subpara- tion with the Board, shall evaluate opportu- development of final guidelines. graph (A) shall address potential measures, nities to coordinate— (2) GRANT PROGRAM.— practices, and policies to reduce loss of life, (1) public safety, floodplain management, (A) ESTABLISHMENT.—The Secretary shall injuries, damage to property and facilities, and environmental protection activities re- establish a program under which the Sec- public expenditures, and other adverse im- lating to levees; and retary shall provide grants to assist States pacts of flooding in each applicable leveed (2) environmental permitting processes for and Indian tribes in establishing partici- area. operation and maintenance activities at ex- pating programs, conducting levee inven- (C) IMPLEMENTATION.—Not later than 1 isting levee projects in compliance with all tories, and carrying out this title. year after the date of completion of con- applicable laws. (B) REQUIREMENTS.—To be eligible to re- struction of the applicable project, a flood- (h) LEVEE INSPECTION.— ceive grants under this section, a State or plain management plan prepared under sub- (1) IN GENERAL.—The Secretary shall carry Indian tribe shall— paragraph (A) shall be implemented. out a one-time inventory and inspection of (i) meet the requirements of a partici- (D) GUIDELINES.—Not later than 180 days all levees identified in the national levee pating program established by the guidelines after the date of enactment of this Act, the database. issued under paragraph (1); Secretary, in consultation with the Adminis- (2) NO FEDERAL INTEREST.—The inventory (ii) use not less than 25 percent of any trator of the Federal Emergency Manage- and inspection under paragraph (1) does not amounts received to identify and assess non- ment Agency, shall develop such guidelines create a Federal interest in the construction, Federal levees within the State or on land of for the preparation of floodplain manage- operation, or maintenance any levee that is the Indian tribe; ment plans prepared under this paragraph as included in the inventory or inspected under (iii) submit to the Secretary any informa- the Secretary determines to be appropriate. this subsection. tion collected by the State or Indian tribe in (E) TECHNICAL SUPPORT.—The Secretary (3) INSPECTION CRITERIA.—In carrying out carrying out this subsection for inclusion in may provide technical support for the devel- the inventory and inspection, the Secretary the national levee safety database; and opment and implementation of floodplain shall use the levee safety action classifica- (iv) identify actions to address hazard management plans prepared under this para- tion criteria to determine whether a levee mitigation activities associated with levees graph. should be classified in the inventory as re- and leveed areas identified in the hazard (4) USE OF FUNDS.— quiring a more comprehensive inspection. mitigation plan of the State approved by the (A) IN GENERAL.—Assistance provided (4) STATE AND TRIBAL PARTICIPATION.—At Administrator of the Federal Emergency under this subsection may be used— the request of a State or Indian tribe with Management Agency under the Robert T. (i) for any rehabilitation activity to maxi- respect to any levee subject to inspection Stafford Disaster Relief and Emergency As- mize overall risk reduction associated with a under this subsection, the Secretary shall— sistance Act (42 U.S.C. 5121 et seq.). levee under a participating State or tribal (A) allow an official of the State or Indian (C) MEASURES TO ASSESS EFFECTIVENESS.— levee safety program; and tribe to participate in the inspection of the Not later than 1 year after the enactment of (ii) only for a levee that is not federally op- levee; and this Act, the Secretary shall implement erated and maintained. (B) provide information to the State or In- quantifiable performance measures and (B) PROHIBITION.—Assistance provided dian tribe relating to the location, construc- metrics to assess the effectiveness of the under this subsection shall not be used— tion, operation, or maintenance of the levee. grant program established in accordance (i) to perform routine operation or mainte- (5) EXCEPTIONS.—In carrying out the inven- with subparagraph (A). nance for a levee; or tory and inspection under this subsection, (j) LEVEE REHABILITATION ASSISTANCE PRO- (ii) to make any modification to a levee the Secretary shall not be required to in- GRAM.— that does not result in an improvement to spect any levee that has been inspected by a (1) ESTABLISHMENT.—The Secretary, in public safety. State or Indian tribe using the same method- consultation with the Administrator of the (5) NO PROPRIETARY INTEREST.—A contract ology described in paragraph (3) during the 1- Federal Emergency Management Agency, for assistance provided under this subsection year period immediately preceding the date shall establish a program under which the shall not be considered to confer any propri- of enactment of this Act if the Governor of Secretary shall provide assistance to States, etary interest on the United States. the State or tribal government, as applica- Indian tribes, and local governments in ad- (6) COST-SHARE.—The maximum Federal ble, requests an exemption from the inspec- dressing flood mitigation activities that re- share of the cost of any assistance provided tion. sult in an overall reduction in flood risk. under this subsection shall be 65 percent.

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(7) PROJECT LIMIT.—The maximum amount (1) IN GENERAL.—A voting member of the issue areas for which the Committee is of Federal assistance for a project under this Board shall be appointed for a term of 3 charged with advising the Board. subsection shall be $10,000,000. years, except that, of the members first ap- (ii) AS A WHOLE.—The membership of each (8) OTHER LAWS.—Assistance provided pointed— Standing Committee, considered as a whole, under this subsection shall be subject to all (A) 5 shall be appointed for a term of 1 shall represent, to the maximum extent applicable laws (including regulations) that year; practicable, broad geographical diversity. apply to the construction of a civil works (B) 5 shall be appointed for a term of 2 (C) LIMITATION.—Each Standing Com- project of the Corps of Engineers. years; and mittee shall be comprised of not more than (k) EFFECT OF SECTION.—Nothing in this (C) 4 shall be appointed for a term of 3 10 members. section— years. (f) DUTIES AND POWERS.—The Board— (1) affects the requirement under section (2) REAPPOINTMENT.—A voting member of (1) shall submit to the Secretary and Con- 100226(b)(2) of the Biggert-Waters Flood In- the Board may be reappointed to the Board, gress an annual report regarding the effec- surance Reform Act of 2012 (42 U.S.C. 4101 as the Secretary determines to be appro- tiveness of the national levee safety program note; 126 Stat. 942); or priate. in accordance with section 6007; and (2) confers any regulatory authority on— (3) VACANCIES.—A vacancy on the Board (2) may secure from other Federal agencies (A) the Secretary; or shall be filled in the same manner as the such services, and enter into such contracts, (B) the Director of the Federal Emergency original appointment was made. as the Board determines to be necessary to Management Agency, including for the pur- (e) STANDING COMMITTEES.— carry out this subsection. (g) TASK FORCE COORDINATION.—The Board pose of setting premium rates under the na- (1) IN GENERAL.—The Board shall be sup- shall, to the maximum extent practicable, tional flood insurance program established ported by Standing Committees, which shall coordinate the activities of the Board with under chapter 1 of the National Flood Insur- be comprised of volunteers from all levels of the Federal Interagency Floodplain Manage- ance Act of 1968 (42 U.S.C. 4011 et seq.). government and the private sector, to advise ment Task Force. SEC. 6005. NATIONAL LEVEE SAFETY ADVISORY the Board regarding the national levee safe- (h) COMPENSATION.— BOARD. ty program. (1) FEDERAL EMPLOYEES.—Each member of (a) ESTABLISHMENT.—The Secretary, in co- (2) ESTABLISHMENT.—The Standing Com- the Board who is an officer or employee of ordination with the Administrator of the mittees of the Board shall include— the United States shall serve without com- Federal Emergency Management Agency, (A) the Standing Committee on Partici- pensation in addition to compensation re- shall establish a board, to be known as the pating Programs, which shall advise the ceived for the services of the member as an ‘‘National Levee Safety Advisory Board’’— Board regarding— officer or employee of the United States, but (1) to advise the Secretary and Congress re- (i) the development and implementation of shall be allowed a per diem allowance for garding consistent approaches to levee safe- State and tribal levee safety programs; and travel expenses, at rates authorized for an ty; (ii) appropriate incentives (including finan- employee of an agency under subchapter I of (2) to monitor the safety of levees in the cial assistance) to be provided to States, In- chapter 57 of title 5, United States Code, United States; dian tribes, and local and regional entities; while away from the home or regular place (3) to assess the effectiveness of the na- (B) the Standing Committee on Technical of business of the member in the perform- tional levee safety program; and Issues, which shall advise the Board regard- ance of the duties of the Board. (4) to ensure that the national levee safety ing— (2) NON-FEDERAL EMPLOYEES.—To the ex- program is carried out in a manner that is (i) the management of the national levee tent amounts are made available to carry consistent with other Federal flood risk database; out this section in appropriations Acts, the management efforts. (ii) the development and maintenance of Secretary shall provide to each member of (b) MEMBERSHIP.— levee safety guidelines; the Board who is not an officer or employee (1) VOTING MEMBERS.—The Board shall be (iii) processes and materials for developing of the United States a stipend and a per diem composed of the following 14 voting mem- levee-related technical assistance and train- allowance for travel expenses, at rates au- bers, each of whom shall be appointed by the ing; and thorized for an employee of an agency under Secretary, with priority consideration given (iv) research and development activities subchapter I of chapter 57 of title 5, United to representatives from those States that relating to levee safety; States Code, while away from the home or have the most Corps of Engineers levees in (C) the Standing Committee on Public regular place of business of the member in the State, based on mileage: Education and Awareness, which shall advise performance of services for the Board. (A) 8 representatives of State levee safety the Board regarding the development, imple- (3) STANDING COMMITTEE MEMBERS.—Each programs, 1 from each of the civil works di- mentation, and evaluation of targeted public member of a Standing Committee shall— visions of the Corps of Engineers. outreach programs— (A) serve in a voluntary capacity; but (B) 2 representatives of the private sector (i) to gather public input; (B) receive a per diem allowance for travel who have expertise in levee safety. (ii) to educate and raise awareness in expenses, at rates authorized for an em- (C) 2 representatives of local and regional leveed areas of levee risks; ployee of an agency under subchapter I of governmental agencies who have expertise in (iii) to communicate information regard- chapter 57 of title 5, United States Code, levee safety. ing participating programs; and while away from the home or regular place (D) 2 representatives of Indian tribes who (iv) to track the effectiveness of public of business of the member in performance of have expertise in levee safety. education efforts relating to levee risks; services for the Board. (2) NONVOTING MEMBERS.—The Secretary (D) the Standing Committee on Safety and (i) NONAPPLICABILITY OF FACA.—The Fed- (or a designee of the Secretary), the Admin- Environment, which shall advise the Board eral Advisory Committee Act (5 U.S.C. App.) istrator of the Federal Emergency Manage- regarding— shall not apply to the Board or the Standing ment Agency (or a designee of the Adminis- (i) operation and maintenance activities Committees. trator), and the administrator of the na- for existing levee projects; SEC. 6006. INVENTORY AND INSPECTION OF LEV- tional levee safety program appointed under (ii) opportunities to coordinate public safe- EES. section 6004(b)(1)(A) shall serve as nonvoting ty, floodplain management, and environ- Section 9004(a)(2)(A) of the Water Re- members of the Board. mental protection activities relating to lev- sources Development Act of 2007 (33 U.S.C. (3) CHAIRPERSON.—The voting members of ees; 3303(a)(2)(A)) is amended by striking ‘‘and, the Board shall appoint a chairperson from (iii) opportunities to coordinate environ- for non-Federal levees, such information on among the voting members of the Board, to mental permitting processes for operation levee location as is provided to the Secretary serve a term of not more than 2 years. and maintenance activities at existing levee by State and local governmental agencies’’ (c) QUALIFICATIONS.— projects in compliance with all applicable and inserting ‘‘and updated levee informa- (1) INDIVIDUALS.—Each voting member of laws; and tion provided by States, Indian tribes, Fed- the Board shall be knowledgeable in the field (iv) opportunities for collaboration by en- eral agencies, and other entities’’. of levee safety, including water resources vironmental protection and public safety in- SEC. 6007. REPORTS. and flood risk management. terests in leveed areas and adjacent areas; (a) STATE OF LEVEES.— (2) AS A WHOLE.—The membership of the and (1) IN GENERAL.—Not later than 1 year after Board, considered as a whole, shall represent (E) such other standing committees as the the date of enactment of this Act, and bien- the diversity of skills required to advise the Secretary, in consultation with the Board, nially thereafter, the Secretary in coordina- Secretary regarding levee issues relating determines to be necessary. tion with the Board, shall submit to Con- to— (3) MEMBERSHIP.— gress a report describing the state of levees (A) engineering; (A) IN GENERAL.—The Board shall rec- in the United States and the effectiveness of (B) public communications; ommend to the Secretary for approval indi- the national levee safety program, includ- (C) program development and oversight; viduals for membership on the Standing ing— (D) with respect to levees, flood risk man- Committees. (A) progress achieved in implementing the agement and hazard mitigation; and (B) QUALIFICATIONS.— national levee safety program; (E) public safety and the environment. (i) INDIVIDUALS.—Each member of a Stand- (B) State and tribal participation in the (d) TERMS OF SERVICE.— ing Committee shall be knowledgeable in the national levee safety program;

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7766 CONGRESSIONAL RECORD — SENATE October 31, 2013 (C) recommendations to improve coordina- (B) $7,500,000 for each of fiscal years 2019 (iii) for a qualified project without a com- tion of levee safety, floodplain management, and 2020; and pleted Chief of Engineers report, prior to the and environmental protection concerns, in- (C) $10,000,000 for each of fiscal years 2021 completion of such a report; and cluding— through 2023; (iv) for a qualified project with a com- (i) identifying and evaluating opportuni- (3) for public involvement and education pleted Chief of Engineers report that has not ties to coordinate public safety, floodplain programs, $3,000,000 for each of fiscal years yet been authorized, during design for the management, and environmental protection 2014 through 2023; qualified project. activities relating to levees; and (4) to carry out the levee inventory and in- (b) ADDITIONAL PROJECT DELIVERY PROCESS (ii) evaluating opportunities to coordinate spections under section 9004 of the Water Re- REFORMS.—Not later than 18 months after environmental permitting processes for oper- sources Development Act of 2007 (33 U.S.C. the date of enactment of this Act, the Sec- ation and maintenance activities at existing 3303), $30,000,000 for each of fiscal years 2014 retary shall— levee projects in compliance with all applica- through 2018; (1) establish a system to identify and apply ble laws; and (5) for grants to State and tribal levee safe- on a continuing basis lessons learned from (D) any recommendations for legislation ty programs, $300,000,000 for fiscal years 2014 prior or ongoing qualifying projects to im- and other congressional actions necessary to through 2023; and prove the likelihood of on-time and on-budg- ensure national levee safety. (6) for levee rehabilitation assistance et completion of qualifying projects; (2) INCLUSION.—Each report under para- grants, $300,000,000 for fiscal years 2014 (2) evaluate early contractor involvement graph (1) shall include a report of the Board through 2023. acquisition procedures to improve on-time that describes the independent recommenda- TITLE VII—INLAND WATERWAYS and on-budget project delivery performance; tions of the Board for the implementation of SEC. 7001. PURPOSES. and the national levee safety program. The purposes of this title are— (3) implement any additional measures (b) NATIONAL DAM AND LEVEE SAFETY PRO- (1) to improve program and project man- that the Secretary determines will achieve GRAM.—Not later than 3 years after the date agement relating to the construction and the purposes of this title and the amend- of enactment of this Act, to the maximum major rehabilitation of navigation projects ments made by this title, including, as the extent practicable, the Secretary, in coordi- on inland waterways; Secretary determines to be appropriate— nation with the Board, shall submit to Con- (2) to optimize inland waterways naviga- (A) the implementation of applicable prac- gress a report that includes recommendation system reliability; tices and procedures developed pursuant to tions regarding the advisability and feasi- (3) to minimize the size and scope of inland management by the Secretary of an applicability of, and potential approaches for, estab- waterways navigation project completion ble military construction program; lishing a joint national dam and levee safety schedules; (B) the establishment of 1 or more centers program. (4) to eliminate preventable delays in in- of expertise for the design and review of (c) ALIGNMENT OF FEDERAL PROGRAMS RE- land waterways navigation project comple- qualifying projects; LATING TO LEVEES.—Not later than 2 years tion schedules; and (C) the development and use of a portfolio after the date of enactment of this Act, the (5) to make inland waterways navigation of standard designs for inland navigation Comptroller General shall submit to Con- capital investments through the use of locks; gress a report on opportunities for alignment prioritization criteria that seek to maximize (D) the use of full-funding contracts or for- of Federal programs to provide incentives to systemwide benefits and minimize overall mulation of a revised continuing contracts State, tribal, and local governments and in- system risk. clause; and dividuals and entities— SEC. 7002. DEFINITIONS. (E) the establishment of procedures for rec- (1) to promote shared responsibility for In this title: ommending new project construction starts levee safety; (1) INLAND WATERWAYS TRUST FUND.—The using a capital projects business model. (2) to encourage the development of strong term ‘‘Inland Waterways Trust Fund’’ means (c) PILOT PROJECTS.— State and tribal levee safety programs; the Inland Waterways Trust Fund estab- (1) IN GENERAL.—Subject to paragraph (2), (3) to better align the national levee safety lished by section 9506(a) of the Internal Rev- the Secretary may carry out 1 or more pilot program with other Federal flood risk man- enue Code of 1986. projects to evaluate processes or procedures agement programs; and (2) QUALIFYING PROJECT.—The term ‘‘quali- for the study, design, or construction of (4) to promote increased levee safety fying project’’ means any construction or qualifying projects. through other Federal programs providing major rehabilitation project for navigation (2) INCLUSIONS.—At a minimum, the Sec- assistance to State and local governments. infrastructure of the inland and intracoastal retary shall carry out pilot projects under (d) LIABILITY FOR CERTAIN LEVEE ENGI- waterways that is— this subsection to evaluate— NEERING PROJECTS.—Not later than 1 year (A) authorized before, on, or after the date (A) early contractor involvement in the de- after the date of enactment of this Act, the of enactment of this Act; velopment of features and components; Secretary shall submit to Congress a report (B) not completed on the date of enact- (B) an appropriate use of continuing con- that includes recommendations that identify ment of this Act; and tracts for the construction of features and and address any legal liability associated (C) funded at least in part from the Inland components; and with levee engineering projects that pre- Waterways Trust Fund. (C) applicable principles, procedures, and vent— (3) SECRETARY.—The term ‘‘Secretary’’ processes used for military construction (1) levee owners from obtaining needed means the Secretary of the Army, acting projects. levee engineering services; or through the Chief of Engineers. (d) INLAND WATERWAYS USER BOARD.—Sec- (2) development and implementation of a tion 302 of the Water Resources Development State or tribal levee safety program. SEC. 7003. PROJECT DELIVERY PROCESS RE- FORMS. Act of 1986 (33 U.S.C. 2251) is amended— SEC. 6008. EFFECT OF TITLE. (a) REQUIREMENTS FOR QUALIFYING (1) by striking subsection (b) and inserting Nothing in this title— PROJECTS.—With respect to each qualifying the following: (1) establishes any liability of the United project, the Secretary shall require— ‘‘(b) DUTIES OF USERS BOARD.— States or any officer or employee of the (1) formal project management training ‘‘(1) IN GENERAL.—The Users Board shall United States (including the Board and the and certification for each project manager; meet not less frequently than semiannually Standing Committees of the Board) for any (2) assignment as project manager only of to develop and make recommendations to damages caused by any action or failure to personnel fully certified by the Chief of En- the Secretary and Congress regarding the in- act; or gineers; and land waterways and inland harbors of the (2) relieves an owner or operator of a levee (3) for an applicable cost estimation, that— United States. of any legal duty, obligation, or liability in- (A) the estimation— ‘‘(2) ADVICE AND RECOMMENDATIONS.—For cident to the ownership or operation of the (i) is risk-based; and commercial navigation features and compo- levee. (ii) has a confidence level of at least 80 per- nents of the inland waterways and inland SEC. 6009. AUTHORIZATION OF APPROPRIATIONS. cent; and harbors of the United States, the Users There are authorized to be appropriated to (B) a risk-based cost estimate shall be im- Board shall provide— the Secretary to carry out this title— plemented— ‘‘(A) prior to the development of the budg- (1) for funding the administration and staff (i) for a qualified project that requires an et proposal of the President for a given fiscal of the national levee safety program, the increase in the authorized amount in accord- year, advice and recommendations to the Board, the Standing Committees of the ance with section 902 of the Water Resources Secretary regarding construction and reha- Board, and participating programs, $5,000,000 Development Act of 1986 (Public Law 99–662; bilitation priorities and spending levels; for each of fiscal years 2014 through 2023; 100 Stat. 4183), during the preparation of a ‘‘(B) advice and recommendations to Con- (2) for technical programs, including the post-authorization change report or other gress regarding any report of the Chief of En- development of levee safety guidelines, pub- similar decision document; gineers relating to those features and compo- lications, training, and technical assist- (ii) for a qualified project for which the nents; ance— first construction contract has not been ‘‘(C) advice and recommendations to Con- (A) $5,000,000 for each of fiscal years 2014 awarded, prior to the award of the first congress regarding an increase in the authorized through 2018; struction contract; cost of those features and components;

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7767 ‘‘(D) not later than 60 days after the date of a commercial navigation feature or com- sources Development Act of 1988 (102 Stat. of the submission of the budget proposal of ponent of the inland waterways and inland 4013), has exceeded the budget for the project the President to Congress, advice and rec- harbors of the United States.’’. and the reasons why the project failed to be ommendations to Congress regarding con- SEC. 7004. MAJOR REHABILITATION STANDARDS. completed as scheduled, including an assess- struction and rehabilitation priorities and Section 205(1)(E)(ii) of the Water Resources ment of— spending levels; and Development Act of 1992 (33 U.S.C. (1) engineering methods used for the ‘‘(E) a long-term capital investment pro- 2327(1)(E)(ii)) is amended by striking project; gram in accordance with subsection (d). ‘‘$8,000,000’’ and inserting ‘‘$20,000,000’’. (2) the management of the project; ‘‘(3) PROJECT DEVELOPMENT TEAMS.—The SEC. 7005. INLAND WATERWAYS SYSTEM REVE- (3) contracting for the project; chairperson of the Users Board shall appoint NUES. (4) the cost to the United States of benefits a representative of the Users Board to serve (a) FINDINGS.—Congress finds that— foregone due to project delays; and on the project development team for a quali- (1) there are approximately 12,000 miles of (5) such other contributory factors as the fying project or the study or design of a com- Federal waterways, known as the inland wa- Comptroller General determines to be appro- mercial navigation feature or component of terways system, that are supported by user priate. the inland waterways and inland harbors of fees and managed by the Corps of Engineers; SEC. 7008. OLMSTED LOCKS AND DAM, LOWER the United States. (2) the inland waterways system spans 38 OHIO RIVER, ILLINOIS AND KEN- ‘‘(4) INDEPENDENT JUDGMENT.—Any advice States and handles approximately one-half TUCKY. or recommendation made by the Users Board of all inland waterway freight; Section 3(a)(6) of the Water Resources De- to the Secretary shall reflect the inde- (3) according to the final report of the In- velopment Act of 1988 (102 Stat. 4013) is pendent judgment of the Users Board.’’; land Marine Transportation System Capital amended by striking ‘‘and with the costs of (2) by redesignating subsection (c) as sub- Projects Business Model, freight traffic on construction’’ and all that follows through section (f); and the Federal fuel-taxed inland waterways sys- the period at the end and inserting ‘‘which (3) by inserting after subsection (b) the fol- tem accounts for 546,000,000 tons of freight amounts remaining after the date of enact- lowing: each year; ment of this Act shall be appropriated from ‘‘(c) DUTIES OF SECRETARY.—The Secretary the general fund of the Treasury.’’. shall— (4) expenditures for construction and major TITLE VIII—HARBOR MAINTENANCE ‘‘(1) communicate not less than once each rehabilitation projects on the inland water- quarter to the Users Board the status of the ways system are equally cost-shared between SEC. 8001. SHORT TITLE. study, design, or construction of all commer- the Federal Government and the Inland Wa- This title may be cited as the ‘‘Harbor cial navigation features or components of terways Trust Fund; Maintenance Trust Fund Act of 2013’’. the inland waterways or inland harbors of (5) the Inland Waterways Trust Fund is fi- SEC. 8002. PURPOSES. the United States; and nanced through a fee of $0.20 per gallon on The purposes of this title are— ‘‘(2) submit to the Users Board a courtesy fuel used by commercial barges; (1) to ensure that revenues collected into copy of all reports of the Chief of Engineers (6) the balance of the Inland Waterways the Harbor Maintenance Trust Fund are used relating to a commercial navigation feature Trust Fund has declined significantly in re- for the intended purposes of those revenues; or component of the inland waterways or in- cent years; (2) to increase investment in the operation land harbors of the United States. (7) according to the final report of the In- and maintenance of United States ports, ‘‘(d) CAPITAL INVESTMENT PROGRAM.— land Marine Transportation System Capital which are critical for the economic competi- ‘‘(1) IN GENERAL.—Not later than 1 year Projects Business Model, the estimated fi- tiveness of the United States; after the date of enactment of this sub- nancial need for construction and major re- (3) to promote equity among ports nation- section, the Secretary, in coordination with habilitation projects on the inland water- wide; the Users Board, shall develop, and submit to ways system for fiscal years 2011 through (4) to ensure United States ports are pre- Congress a report describing, a 20-year pro- 2030 is approximately $18,000,000,000; and pared to meet modern shipping needs, includ- gram for making capital investments on the (8) users of the inland waterways system ing the capability to receive large ships that inland and intracoastal waterways, based on are supportive of an increase in the existing require deeper drafts; and the application of objective, national project revenue sources for inland waterways system (5) to prevent cargo diversion from United selection prioritization criteria. construction and major rehabilitation ac- States ports. ‘‘(2) CONSIDERATION.—In developing the tivities to expedite the most critical of those SEC. 8003. FUNDING FOR HARBOR MAINTENANCE program under paragraph (1), the Secretary construction and major rehabilitation PROGRAMS. shall take into consideration the 20-year cap- projects. (a) DEFINITIONS.—In this section: ital investment strategy contained in the In- (b) SENSE OF CONGRESS.—It is the sense of (1) TOTAL BUDGET RESOURCES.—The term land Marine Transportation System (IMTS) Congress that— ‘‘total budget resources’’ means the total Capital Projects Business Model, Final Re- (1) the existing revenue sources for inland amount made available by appropriations port published on April 13, 2010, as approved waterways system construction and rehabili- Acts from the Harbor Maintenance Trust by the Users Board. tation activities are insufficient to cover the Fund for a fiscal year for making expendi- ‘‘(3) CRITERIA.—In developing the plan and costs of non-Federal interests of construc- tures under section 9505(c) of the Internal prioritization criteria under paragraph (1), tion and major rehabilitation projects on the Revenue Code of 1986. the Secretary shall ensure, to the maximum inland waterways system; and (2) LEVEL OF RECEIPTS PLUS INTEREST.—The extent practicable, that investments made (2) the issue described in paragraph (1) term ‘‘level of receipts plus interest’’ means under the 20-year program described in para- should be addressed. the level of taxes and interest credited to the graph (1)— SEC. 7006. EFFICIENCY OF REVENUE COLLEC- Harbor Maintenance Trust Fund under sec- ‘‘(A) are made in all geographical areas of TION. tion 9505 of the Internal Revenue Code of 1986 the inland waterways system; and Not later than 2 years after the date of en- for a fiscal year as set forth in the Presi- ‘‘(B) ensure efficient funding of inland wa- actment of this Act, the Comptroller General dent’s budget baseline projection, as deter- terways projects. shall prepare a report on the efficiency of mined under section 257 of the Balanced ‘‘(4) STRATEGIC REVIEW AND UPDATE.—Not collecting the fuel tax for the Inland Water- Budget and Emergency Deficit Control Act later than 5 years after the date of enact- ways Trust Fund, which shall include— of 1985 (2 U.S.C. 907) for that fiscal year sub- ment of this subsection, and not less fre- (1) an evaluation of whether current meth- mitted pursuant to section 1105 of title 31, quently than once every 5 years thereafter, ods of collection of the fuel tax result in full United States Code. the Secretary, in conjunction with the Users compliance with requirements of the law; (b) MINIMUM RESOURCES.— Board, shall— (2) whether alternative methods of collec- (1) MINIMUM RESOURCES.— ‘‘(A) submit to Congress a strategic review tion would result in increased revenues into (A) IN GENERAL.—The total budget re- of the 20-year program in effect under this the Inland Waterways Trust Fund; and sources made available to the Secretary subsection, which shall identify and explain (3) an evaluation of alternative collection from the Harbor Maintenance Trust Fund any changes to the project-specific rec- options. shall be not less than the lesser of— ommendations contained in the previous 20- SEC. 7007. GAO STUDY, OLMSTED LOCKS AND (i)(I) for fiscal year 2014, $1,000,000,000; year program (including any changes to the DAM, LOWER OHIO RIVER, ILLINOIS (II) for fiscal year 2015, $1,100,000,000; prioritization criteria used to develop the AND KENTUCKY. (III) for fiscal year 2016, $1,200,000,000; updated recommendations); and As soon as practicable after the date of en- (IV) for fiscal year 2017, $1,300,000,000; ‘‘(B) make such revisions to the program actment of this Act, the Comptroller General (V) for fiscal year 2018, $1,400,000,000; and as the Secretary and Users Board jointly of the United States shall conduct, and sub- (VI) for fiscal year 2019, $1,500,000,000; and consider to be appropriate. mit to Congress a report describing the re- (ii) the level of receipts plus interest cred- ‘‘(e) PROJECT MANAGEMENT PLANS.—The sults of, a study to determine why, and to ited to the Harbor Maintenance Trust Fund chairperson of the Users Board and the what extent, the project for navigation, for that fiscal year. project development team member appointed Lower Ohio River, Locks and Dams 52 and 53, (B) FISCAL YEAR 2020 AND SUBSEQUENT FIS- by the chairperson under subsection (b)(3) Illinois and Kentucky (commonly known as CAL YEARS.—For fiscal year 2020 and each fis- shall sign the project management plan for the ‘‘Olmsted Locks and Dam project’’), au- cal year thereafter, the total budget re- the qualifying project or the study or design thorized by section 3(a)(6) of the Water Re- sources made available to the Secretary

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from the Harbor Maintenance Trust Fund ‘‘(C) HIGH-USE DEEP DRAFT.— ‘‘(A) the amount of funds used to maintain shall be not less than the level of receipts ‘‘(i) IN GENERAL.—The term ‘high-use deep high-use deep draft projects and projects at plus interest credited to the Harbor Mainte- draft’ means a project that has a depth of moderate-use ports and low-use ports to the nance Trust Fund for that fiscal year. greater than 14 feet with not less than constructed depth and width of the projects; (2) USE OF AMOUNTS.—The amounts de- 10,000,000 tons of cargo annually. ‘‘(B) the respective percentage of total scribed in paragraph (1) may be used only for ‘‘(ii) EXCLUSION.—The term ‘high-use deep funds provided under this section used for harbor maintenance programs described in draft’ does not include a project located in high use deep draft projects and projects at section 9505(c) of the Internal Revenue Code the Great Lakes Navigation System. moderate-use ports and low-use ports; of 1986. ‘‘(D) LOW-USE PORT.—The term ‘low-use ‘‘(C) the remaining amount of funds made (c) IMPACT ON OTHER FUNDS.— port’ means a port at which not more than available to carry out this section, if any; (1) IN GENERAL.—Subject to paragraph (3), 1,000,000 tons of cargo are transported each and subsection (b)(1) shall not apply if providing calendar year. ‘‘(D) any additional amounts needed to the minimum resources required under that ‘‘(E) MODERATE-USE PORT.—The term ‘mod- maintain the high-use deep draft projects subsection would result in making the erate-use port’ means a port at which more and projects at moderate-use ports and low- amounts made available for the applicable than 1,000,000, but fewer than 10,000,000, tons use ports to the constructed depth and width fiscal year to carry out all programs, of cargo are transported each calendar year. of the projects.’’. projects, and activities of the civil works ‘‘(2) PRIORITY.—Of the amounts made avail- (c) OPERATION AND MAINTENANCE.—Section program of the Corps of Engineers, other able under this section to carry out projects 101(b) of the Water Resources Development than the harbor maintenance programs, to described in subsection (a)(2) that are in ex- Act of 1986 (33 U.S.C. 2211(b)) is amended— be less than the amounts made available for cess of the amounts made available to carry (1) in paragraph (1), by striking ‘‘45 feet’’ those purposes in the previous fiscal year. out those projects in fiscal year 2012, the and inserting ‘‘50 feet’’; and (2) CALCULATION OF AMOUNTS.—For each fis- Secretary of the Army, acting through the (2) by adding at the end the following: cal year, the amounts made available to Chief of Engineers, shall give priority to ‘‘(3) OPERATION AND MAINTENANCE ACTIVI- carry out all programs, projects, and activi- those projects in the following order: TIES DEFINED.— ties of the civil works program of the Corps ‘‘(A)(i) In any fiscal year in which all ‘‘(A) SCOPE OF OPERATION AND MAINTENANCE of Engineers shall not include any amounts projects subject to the harbor maintenance ACTIVITIES.—Notwithstanding any other pro- that are designated by Congress— fee under section 24.24 of title 19, Code of vision of law (including regulations and (A) as being for emergency requirements Federal Regulations (or a successor regula- guidelines) and subject to subparagraph (B), pursuant to section 251(b)(2)(A)(i) of the Bal- tion) are not maintained to their con- for purposes of this subsection, operation anced Budget and Emergency Deficit Control structed width and depth, the Secretary and maintenance activities that are eligible Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)); or shall prioritize amounts made available for the Federal cost share under paragraph (B) as being for disaster relief pursuant to under this section for those projects that are (1) shall include— section 251(b)(2)(D) of the Balanced Budget high-use deep draft and are a priority for ‘‘(i) the dredging of berths in a harbor that and Emergency Deficit Control Act of 1985 (2 navigation in the Great Lakes Navigation is accessible to a Federal channel, if the Fed- U.S.C. 901(b)(2)(D)). System. eral channel has been constructed to a depth (3) EXCEPTIONS.—Paragraph (1) shall not ‘‘(ii) Of the amounts made available under equal to the authorized depth of the channel; apply if— clause (i)— and (A) amounts made available for the civil ‘‘(I) 80 percent shall be used for projects ‘‘(ii) the dredging and disposal of legacy- works program of the Corps of Engineers for that are high-use deep draft; and contaminated sediments and sediments un- a fiscal year are less than the amounts made ‘‘(II) 20 percent shall be used for projects suitable for ocean disposal that— available for the civil works program in the that are a priority for navigation in the ‘‘(I) are located in or affect the mainte- previous fiscal year; and Great Lakes Navigation System. nance of Federal navigation channels; or (B) the reduction in amounts made avail- ‘‘(B) In any fiscal year in which all projects ‘‘(II) are located in berths that are acces- able— identified as high-use deep draft are main- sible to Federal channels. (i) applies to all discretionary funds and tained to their constructed width and depth, ‘‘(B) LIMITATIONS.— programs of the Federal Government; and the Secretary shall— ‘‘(i) IN GENERAL.—For each fiscal year, sub- (ii) is applied to the civil works program in ‘‘(i) equally divide among each of the dis- ject to section 210(c)(2), subparagraph (A) the same percentage and manner as other tricts of the Corps of Engineers in which eli- shall only apply— discretionary funds and programs. gible projects are located 10 percent of re- ‘‘(I) to the amounts made available under SEC. 8004. HARBOR MAINTENANCE TRUST FUND maining amounts made available under this section 210 to carry out projects described in PRIORITIZATION. section for moderate-use and low-use port subsection (a)(2) of that section that are in (a) POLICY.—It is the policy of the United States that the primary use of the Harbor projects— excess of the amounts made available to Maintenance Trust Fund is for maintaining ‘‘(I) that have been maintained at less than carry out those projects in fiscal year 2012; the constructed widths and depths of the their constructed width and depth due to in- and commercial ports and harbors of the United sufficient federal funding during the pre- ‘‘(II) if, in that fiscal year, all projects States, and those functions should be given ceding 6 fiscal years; and identified as high-use deep draft (as defined first consideration in the budgeting of Har- ‘‘(II) for which significant State and local in section 210(c)) are maintained to their bor Maintenance Trust Fund allocations. investments in infrastructure have been constructed width and depth. (b) IN GENERAL.—Section 210 of the Water made at those projects during the preceding ‘‘(ii) STATE LIMITATION.—For each fiscal Resources Development Act of 1986 (33 U.S.C. 6 fiscal years; and year, the operation and maintenance activi- 2238) is amended by adding at the end the fol- ‘‘(ii) prioritize any remaining amounts ties described in subparagraph (A) may only lowing: made available under this section for those be carried out in a State— ‘‘(c) PRIORITIZATION.— projects that are not maintained to the min- ‘‘(I) in which the total amounts collected ‘‘(1) DEFINITIONS.—In this subsection: imum width and depth necessary to provide pursuant to section 4461 of the Internal Rev- ‘‘(A) CONSTRUCTED WIDTH AND DEPTH.—The sufficient clearance for fully loaded commer- enue Code of 1986 comprise not less than 2.5 term ‘constructed width and depth’ means cial vessels using those projects to maneuver percent annually of the total funding of the the depth to which a project has been con- safely. Harbor Maintenance Trust Fund established structed, which shall not exceed the author- ‘‘(3) ADMINISTRATION.—For purposes of this under section 9505 of the Internal Revenue ized width and depth of the project. subsection, State and local investments in Code of 1986; and ‘‘(B) GREAT LAKES NAVIGATION SYSTEM.— infrastructure shall include infrastructure ‘‘(II) that received less than 50 percent of The term ‘Great Lakes Navigation System’ investments made using amounts made the total amounts collected in that State includes— available for activities under section pursuant to section 4461 of the Internal Rev- ‘‘(i)(I) Lake Superior; 105(a)(9) of the Housing and Community De- enue Code of 1986 in the previous 3 fiscal ‘‘(II) Lake Huron; velopment Act of 1974 (42 U.S.C. 5305(a)(9)). years. ‘‘(III) Lake Michigan; ‘‘(4) EXCEPTIONS.—The Secretary may ‘‘(iii) PRIORITIZATION.—In allocating ‘‘(IV) Lake Erie; and prioritize a project not identified in para- amounts made available under this para- ‘‘(V) Lake Ontario; graph (2) if the Secretary determines that graph, the Secretary shall give priority to ‘‘(ii) all connecting waters between the funding for the project is necessary to ad- projects that have received the lowest lakes referred to in clause (i) used for com- dress— amount of funding from the Harbor Mainte- mercial navigation; ‘‘(A) hazardous navigation conditions; or nance Trust Fund in comparison to the ‘‘(iii) any navigation features in the lakes ‘‘(B) impacts of natural disasters, includ- amount of funding contributed to the Harbor referred to in clause (i) or waters described ing storms and droughts. Maintenance Trust Fund in the previous 3 in clause (ii) that are a Federal operation or ‘‘(5) REPORTS TO CONGRESS.—Not later than fiscal years. maintenance responsibility; and September 30, 2013, and annually thereafter, ‘‘(iv) MAXIMUM AMOUNT.—The total amount ‘‘(iv) areas of the Saint Lawrence River the Secretary shall submit to Congress a re- made available in each fiscal year to carry that are operated or maintained by the Fed- port that describes, with respect to the pre- out this paragraph shall not exceed the less- eral Government for commercial navigation. ceding fiscal year— er of—

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ADMINISTRATOR. the amounts made available under section nance of Federal navigation channels; or (a) IN GENERAL.—The National Dam Safety 210 to carry out projects described in sub- ‘‘(II) are located in berths that are acces- Program Act (33 U.S.C. 467 et seq.) is amend- section (a)(2) of that section that are in ex- sible to Federal channels; or ed by striking ‘‘Director’’ each place it ap- cess of the amounts made available to carry ‘‘(iv) for environmental remediation re- pears and inserting ‘‘Administrator’’. out those projects in fiscal year 2012; and lated to dredging berths and Federal naviga- (b) CONFORMING AMENDMENT.—Section 2 of ‘‘(II) the amount that is equal to 20 percent tion channels. the National Dam Safety Program Act (33 of the amounts made available under section ‘‘(D) ADMINISTRATION OF PAYMENTS.—If an U.S.C. 467) is amended— 210 to carry out projects described in sub- eligible donor port or eligible energy trans- (1) by striking paragraph (3); section (a)(2) of that section. fer port elects to provide payments to im- (2) by redesignating paragraphs (1) and (2) ‘‘(4) DONOR PORTS AND PORTS CONTRIBUTING porters or shippers in accordance with sub- as paragraphs (2) and (3), respectively; and TO ENERGY PRODUCTION.— paragraph (C)(i), the Secretary shall transfer (3) by inserting before paragraph (2) (as re- ‘‘(A) DEFINITIONS.—In this paragraph: the amounts that would be provided to the designated by paragraph (2)) the following: ‘‘(i) CARGO CONTAINER.—The term ‘cargo port under this paragraph to the Commis- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- container’ means a cargo container that is 1 sioner of U.S. Customs and Border Protec- trator’ means the Administrator of the Fed- Twenty-foot Equivalent Unit. tion to provide the payments to the import- eral Emergency Management Agency.’’. ers or shippers. ‘‘(ii) ELIGIBLE DONOR PORT.—The term, ‘eli- SEC. 9004. INSPECTION OF DAMS. gible donor port’ means a port— ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— Section 3(b)(1) of the National Dam Safety ‘‘(i) IN GENERAL.—For fiscal years 2014 ‘‘(I) that is subject to the harbor mainte- Program Act (33 U.S.C. 467a(b)(1)) is amended through 2024, if the total amounts made nance fee under section 24.24 of title 19, Code by striking ‘‘or maintenance’’ and inserting available from the Harbor Maintenance of Federal Regulations (or a successor regu- ‘‘maintenance, condition, or provisions for Trust Fund exceed the total amounts made lation); emergency operations’’. available from the Harbor Maintenance ‘‘(II)(aa) at which the total amounts col- SEC. 9005. NATIONAL DAM SAFETY PROGRAM. Trust Fund in fiscal year 2012, there is au- lected pursuant to section 4461 of the Inter- (a) OBJECTIVES.—Section 8(c) of the Na- thorized to be appropriated from the Harbor nal Revenue Code of 1986 comprise not less tional Dam Safety Program Act (33 U.S.C. Maintenance Trust Fund to carry out this 467f(c)) is amended by striking paragraph (4) than $15,000,000 annually of the total funding paragraph the sum obtained by adding— and inserting the following: of the Harbor Maintenance Trust Fund es- ‘‘(I) $50,000,000; and ‘‘(4) develop and implement a comprehen- tablished under section 9505 of the Internal ‘‘(II) the amount that is equal to 10 percent sive dam safety hazard education and public Revenue Code of 1986; and of the amounts made available under section awareness program to assist the public in ‘‘(bb) that received less than 25 percent of 210 to carry out projects described in sub- preparing for, mitigating, responding to, and the total amounts collected at that port pur- section (a)(2) of that section that are in ex- recovering from dam incidents;’’. suant to section 4461 of the Internal Revenue cess of the amounts made available to carry (b) BOARD.—Section 8(f)(4) of the National Code of 1986 in the previous 5 fiscal years; out those projects in fiscal year 2012. and Dam Safety Program Act (33 U.S.C. 467f(f)(4)) ‘‘(ii) DIVISION BETWEEN ELIGIBLE DONOR ‘‘(III) that is located in a State in which is amended by inserting ‘‘, representatives PORTS AND ELIGIBLE ENERGY TRANSFER more than 2,000,000 cargo containers were un- from nongovernmental organizations,’’ after PORTS.—For each fiscal year, amounts made ‘‘State agencies’’. loaded from or loaded on to vessels in cal- available shall be divided equally between el- endar year 2011. igible donor ports and eligible energy trans- SEC. 9006. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY. ‘‘(iii) ELIGIBLE ENERGY TRANSFER PORT.— fer ports.’’. The National Dam Safety Program Act (33 The term ‘eligible energy transfer port’ (d) CONFORMING AMENDMENT.—Section means a port— 9505(c)(1) of the Internal Revenue Code of U.S.C. 467 et seq.) is amended— ‘‘(I) that is subject to the harbor mainte- 1986 is amended by striking ‘‘as in effect on (1) by redesignating sections 11, 12, and 13 nance fee under section 24.24 of title 19, Code the date of the enactment of the Water Re- as sections 12, 13, and 14, respectively; and of Federal Regulation (or successor regula- sources Development Act of 1996’’ and insert- (2) by inserting after section 10 (33 U.S.C. tion); and ing ‘‘as in effect on the date of the enact- 467g–1) the following: ‘‘(II)(aa) at which energy commodities ment of the Harbor Maintenance Trust Fund ‘‘SEC. 11. PUBLIC AWARENESS AND OUTREACH comprised greater than 25 percent of all com- Act of 2013’’. FOR DAM SAFETY. mercial activity by tonnage in calendar year SEC. 8005. HARBOR MAINTENANCE TRUST FUND ‘‘The Administrator, in consultation with 2011; and STUDY. other Federal agencies, State and local gov- ‘‘(bb) through which more than 40 million (a) DEFINITIONS.—In this section: ernments, dam owners, the emergency man- tons of cargo were transported in calendar (1) LOW-USE PORT.—The term ‘‘low-use agement community, the private sector, year 2011. port’’ means a port at which not more than nongovernmental organizations and associa- ‘‘(iv) ENERGY COMMODITY.—The term ‘en- 1,000,000 tons of cargo are transported each tions, institutions of higher education, and ergy commodity’ includes— calendar year. any other appropriate entities shall carry ‘‘(I) petroleum products; (2) MODERATE-USE PORT.—The term ‘‘mod- out a nationwide public awareness and out- ‘‘(II) natural gas; erate-use port’’ means a port at which more reach program to assist the public in pre- ‘‘(III) coal; than 1,000,000, but fewer than 10,000,000, tons paring for, mitigating, responding to, and re- ‘‘(IV) wind and solar energy components; of cargo are transported each calendar year. covering from dam incidents.’’. and (b) STUDY.—Not later than 270 days after SEC. 9007. AUTHORIZATION OF APPROPRIATIONS. ‘‘(V) biofuels. the date of enactment of this Act, the Comp- (a) NATIONAL DAM SAFETY PROGRAM.— ‘‘(B) ADDITIONAL USES.— troller General of the United States shall (1) ANNUAL AMOUNTS.—Section 14(a)(1) of ‘‘(i) IN GENERAL.—Subject to appropria- carry out a study and submit to Congress a the National Dam Safety Program Act (33 tions, the Secretary may provide to eligible report that— U.S.C. 467j(a)(1)) (as so redesignated) is donor ports and eligible energy transfer (1) evaluates the effectiveness of activities amended by striking ‘‘$6,500,000’’ and all that ports amounts in accordance with clause (ii). funded by the Harbor Maintenance Trust follows through ‘‘2011’’ and inserting ‘‘(ii) LIMITATIONS.—The amounts described Fund in maximizing economic growth and ‘‘$9,200,000 for each of fiscal years 2014 in clause (i)— job creation in the communities surrounding through 2018’’. ‘‘(I) made available for eligible energy low- and moderate-use ports; and (2) MAXIMUM AMOUNT OF ALLOCATION.—Sec- transfer ports shall be divided equally among (2) includes recommendations relating to tion 14(a)(2)(B) of the National Dam Safety all States with an eligible energy transfer the use of amounts in the Harbor Mainte- Program Act (33 U.S.C. 467j(a)(2)(B)) (as so port; and nance Trust Fund to increase the competi- redesignated) is amended— ‘‘(II) shall be made available only to a port tiveness of United States ports relative to (A) by striking ‘‘The amount’’ and insert- as either an eligible donor port or an eligible Canadian and Mexican ports. ing the following: energy transfer port. TITLE IX—DAM SAFETY ‘‘(i) IN GENERAL.—The amount’’; and ‘‘(C) USES.—Amounts provided to an eligi- SEC. 9001. SHORT TITLE. (B) by adding at the end the following: ble port under this paragraph may only be This title may be cited as the ‘‘Dam Safety ‘‘(ii) FISCAL YEAR 2014 AND SUBSEQUENT FIS- used by that port— Act of 2013’’. CAL YEARS.—For fiscal year 2014 and each ‘‘(i) to provide payments to importers en- SEC. 9002. PURPOSE. subsequent fiscal year, the amount of funds tering cargo or shippers transporting cargo The purpose of this title and the amend- allocated to a State under this paragraph through an eligible donor port or eligible en- ments made by this title is to reduce the may not exceed the amount of funds com- ergy transfer port, as calculated by U.S. Cus- risks to life and property from dam failure in mitted by the State to implement dam safe- toms and Border Protection; the United States through the reauthoriza- ty activities.’’. ‘‘(ii) to dredge berths in a harbor that is tion of an effective national dam safety pro- (b) NATIONAL DAM INVENTORY.—Section accessible to a Federal channel; gram that brings together the expertise and 14(b) of the National Dam Safety Program ‘‘(iii) to dredge and dispose of legacy-con- resources of the Federal Government and Act (33 U.S.C. 467j(b)) (as so redesignated) is taminated sediments and sediments unsuit- non-Federal interests in achieving national amended by striking ‘‘$650,000’’ and all that able for ocean disposal that— dam safety hazard reduction. follows through ‘‘2011’’ and inserting

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‘‘$500,000 for each of fiscal years 2014 through (4) INVESTMENT-GRADE RATING.—The term project, means the earliest date on which a 2018’’. ‘‘investment-grade rating’’ means a rating of project is considered to perform the func- (c) PUBLIC AWARENESS.—Section 14 of the BBB minus, Baa3, bbb minus, BBB (low), or tions for which the project is designed. National Dam Safety Program Act (33 U.S.C. higher assigned by a rating agency to project (16) TREATMENT WORKS.—The term ‘‘treat- 467j) (as so redesignated) is amended— obligations. ment works’’ has the meaning given the (1) by redesignating subsections (c) (5) LENDER.— term in section 212 of the Federal Water Pol- through (f) as subsections (d) through (g), re- (A) IN GENERAL.—The term ‘‘lender’’ means lution Control Act (33 U.S.C. 1292). spectively; and any non-Federal qualified institutional SEC. 10004. AUTHORITY TO PROVIDE ASSIST- (2) by inserting after subsection (b) the fol- buyer (as defined in section 230.144A(a) of ANCE. lowing: title 17, Code of Federal Regulations (or a (a) IN GENERAL.—The Secretary and the ‘‘(c) PUBLIC AWARENESS.—There is author- successor regulation), known as Rule 144A(a) Administrator may provide financial assist- ized to be appropriated to carry out section of the Securities and Exchange Commission ance under this title to carry out pilot 11 $1,000,000 for each of fiscal years 2014 and issued under the Securities Act of 1933 projects, which shall be selected to ensure a through 2018.’’. (15 U.S.C. 77a et seq.)). diversity of project types and geographical (d) RESEARCH.—Section 14(d) of the Na- (B) INCLUSIONS.—The term ‘‘lender’’ in- locations. tional Dam Safety Program Act (as so redes- cludes— (b) RESPONSIBILITY.— ignated) is amended by striking ‘‘$1,600,000’’ (i) a qualified retirement plan (as defined (1) SECRETARY.—The Secretary shall carry and all that follows through ‘‘2011’’ and in- in section 4974(c) of the Internal Revenue out all pilot projects under this title that are serting ‘‘$1,450,000 for each of fiscal years Code of 1986) that is a qualified institutional eligible projects under section 10007(1). 2014 through 2018’’. buyer; and (2) ADMINISTRATOR.—The Administrator (e) DAM SAFETY TRAINING.—Section 14(e) of (ii) a governmental plan (as defined in sec- shall carry out all pilot projects under this the National Dam Safety Program Act (as so tion 414(d) of the Internal Revenue Code of title that are eligible projects under para- redesignated) is amended by striking 1986) that is a qualified institutional buyer. graphs (2), (3), (4), (5), (6), and (8) of section ‘‘$550,000’’ and all that follows through (6) LOAN GUARANTEE.—The term ‘‘loan 10007. ‘‘2011’’ and inserting ‘‘$750,000 for each of fis- guarantee’’ means any guarantee or other (3) OTHER PROJECTS.—The Secretary or the cal years 2014 through 2018’’. pledge by the Secretary or the Adminis- Administrator, as applicable, may carry out (f) STAFF.—Section 14(f) of the National trator to pay all or part of the principal of, eligible projects under paragraph (7) or (9) of Dam Safety Program Act (as so redesig- and interest on, a loan or other debt obliga- section 10007. nated) is amended by striking ‘‘$700,000’’ and tion issued by an obligor and funded by a SEC. 10005. APPLICATIONS. all that follows through ‘‘2011’’ and inserting lender. (a) IN GENERAL.—To receive assistance ‘‘$1,000,000 for each of fiscal years 2014 (7) OBLIGOR.—The term ‘‘obligor’’ means an under this title, an eligible entity shall sub- through 2018’’. eligible entity that is primarily liable for mit to the Secretary or the Administrator, TITLE X—INNOVATIVE FINANCING PILOT payment of the principal of, or interest on, a as applicable, an application at such time, in PROJECTS Federal credit instrument. such manner, and containing such informa- (8) PROJECT OBLIGATION.— tion as the Secretary or the Administrator SEC. 10001. SHORT TITLE. (A) IN GENERAL.—The term ‘‘project obliga- may require. This title may be cited as the ‘‘Water In- tion’’ means any note, bond, debenture, or (b) COMBINED PROJECTS.—In the case of an frastructure Finance and Innovation Act of other debt obligation issued by an obligor in eligible project described in paragraph (8) or 2013’’. connection with the financing of a project. (9) of section 10007, the Secretary or the Ad- SEC. 10002. PURPOSES. (B) EXCLUSION.—The term ‘‘project obliga- ministrator, as applicable, shall require the The purpose of this title is to establish a tion’’ does not include a Federal credit in- eligible entity to submit a single application pilot program to assess the ability of innova- strument. for the combined group of projects. tive financing tools to— (9) RATING AGENCY.—The term ‘‘rating SEC. 10006. ELIGIBLE ENTITIES. (1) promote increased development of crit- agency’’ means a credit rating agency reg- The following entities are eligible to re- ical water resources infrastructure by estab- istered with the Securities and Exchange ceive assistance under this title: lishing additional opportunities for financ- Commission as a nationally recognized sta- (1) A corporation. ing water resources projects that com- tistical rating organization (as defined in (2) A partnership. plement but do not replace or reduce exist- section 3(a) of the Securities Exchange Act (3) A joint venture. ing Federal infrastructure financing tools of 1934 (15 U.S.C. 78c(a))). (4) A trust. such as the State water pollution control re- (10) RURAL WATER INFRASTRUCTURE (5) A Federal, State, or local governmental volving loan funds established under title VI PROJECT.—The term ‘‘rural water infrastruc- entity, agency, or instrumentality. of the Federal Water Pollution Control Act ture project’’ means a project that— (6) A tribal government or consortium of (33 U.S.C. 1381 et seq.) and the State drinking (A) is described in section 10007; and tribal governments. water treatment revolving loan funds estab- (B) is located in a water system that serves (7) A State infrastructure financing au- lished under section 1452 of the Safe Drink- not more than 25,000 individuals. thority. ing Water Act (42 U.S.C. 300j–12); (11) SECURED LOAN.—The term ‘‘secured SEC. 10007. PROJECTS ELIGIBLE FOR ASSIST- (2) attract new investment capital to infra- loan’’ means a direct loan or other debt obli- ANCE. structure projects that are capable of gener- gation issued by an obligor and funded by The following projects may be carried out ating revenue streams through user fees or the Secretary in connection with the financ- with amounts made available under this other dedicated funding sources; ing of a project under section 10010. title: (3) complement existing Federal funding (12) STATE.—The term ‘‘State’’ means— (1) A project for flood control or hurricane sources and address budgetary constraints (A) a State; and storm damage reduction that the Sec- on the Corps of Engineers civil works pro- (B) the District of Columbia; retary has determined is technically sound, gram and existing wastewater and drinking (C) the Commonwealth of Puerto Rico; and economically justified, and environmentally water infrastructure financing programs; (D) any other territory or possession of the acceptable, including— (4) leverage private investment in water United States. (A) a structural or nonstructural measure resources infrastructure; (13) STATE INFRASTRUCTURE FINANCING AU- to reduce flood risk, enhance stream flow, or (5) align investments in water resources in- THORITY.—The term ‘‘State infrastructure fi- protect natural resources; and frastructure to achieve multiple benefits; nancing authority’’ means the State entity (B) a levee, dam, tunnel, aqueduct, res- and established or designated by the Governor of ervoir, or other related water infrastructure. (6) assist communities facing significant a State to receive a capitalization grant pro- (2) 1 or more activities that are eligible for water quality, drinking water, or flood risk vided by, or otherwise carry out the require- assistance under section 603(c) of the Federal challenges with the development of water in- ments of, title VI of the Federal Water Pol- Water Pollution Control Act (33 U.S.C. frastructure projects. lution Control Act (33 U.S.C. 1381 et. seq.) or 1383(c)), notwithstanding the public owner- SEC. 10003. DEFINITIONS. section 1452 of the Safe Drinking Water Act ship requirement under paragraph (1) of that In this title: (42 U.S.C. 300j–12). subsection. (1) ADMINISTRATOR.—The term ‘‘Adminis- (14) SUBSIDY AMOUNT.—The term ‘‘subsidy (3) 1 or more activities described in section trator’’ means the Administrator of the En- amount’’ means the amount of budget au- 1452(a)(2) of the Safe Drinking Water Act (42 vironmental Protection Agency. thority sufficient to cover the estimated U.S.C. 300j–12(a)(2)). (2) COMMUNITY WATER SYSTEM.—The term long-term cost to the Federal Government of (4) A project for enhanced energy effi- ‘‘community water system’’ has the meaning a Federal credit instrument, as calculated on ciency in the operation of a public water sys- given the term in section 1401 of the Safe a net present value basis, excluding adminis- tem or a publicly owned treatment works. Drinking Water Act (42 U.S.C. 300f). trative costs and any incidental effects on (5) A project for repair, rehabilitation, or (3) FEDERAL CREDIT INSTRUMENT.—The term governmental receipts or outlays in accord- replacement of a treatment works, commu- ‘‘Federal credit instrument’’ means a se- ance with the Federal Credit Reform Act of nity water system, or aging water distribu- cured loan or loan guarantee authorized to 1990 (2 U.S.C. 661 et seq.). tion or waste collection facility (including a be made available under this title with re- (15) SUBSTANTIAL COMPLETION.—The term facility that serves a population or commu- spect to a project. ‘‘substantial completion’’, with respect to a nity of an Indian reservation).

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7771 (6) A brackish or sea water desalination nary rating opinion letter from at least 1 (I) The extent to which assistance under project, a managed aquifer recharge project, rating agency. this title reduces the contribution of Federal or a water recycling project. (2) ELIGIBLE PROJECT COSTS.— assistance to the project. (7) Acquisition of real property or an inter- (A) IN GENERAL.—Subject to subparagraph (3) SPECIAL RULE FOR CERTAIN COMBINED est in real property— (B), the eligible project costs of a project PROJECTS.—For a project described in section (A) if the acquisition is integral to a shall be reasonably anticipated to be not less 10007(8), the Administrator shall only con- project described in paragraphs (1) through than $20,000,000. sider the criteria described in subparagraphs (6); or (B) RURAL WATER INFRASTRUCTURE (B) through (I) of paragraph (2). (B) pursuant to an existing plan that, in PROJECTS.—For rural water infrastructure (c) FEDERAL REQUIREMENTS.—Nothing in the judgment of the Administrator or the projects, the eligible project costs of a this section supersedes the applicability of Secretary, as applicable, would mitigate the project shall be reasonably anticipated to be other requirements of Federal law (including environmental impacts of water resources not less than $5,000,000. regulations). infrastructure projects otherwise eligible for (3) DEDICATED REVENUE SOURCES.—The Fed- SEC. 10010. SECURED LOANS. assistance under this section. eral credit instrument for the project shall (a) AGREEMENTS.— (8) A combination of projects, each of be repayable, in whole or in part, from dedi- (1) IN GENERAL.—Subject to paragraphs (2) which is eligible under paragraph (2) or (3), cated revenue sources that also secure the through (4), the Secretary or the Adminis- for which a State infrastructure financing project obligations. trator, as applicable, may enter into agree- authority submits to the Administrator a (4) PUBLIC SPONSORSHIP OF PRIVATE ENTI- ments with 1 or more obligors to make se- single application. TIES.—In the case of a project carried out by cured loans, the proceeds of which shall be (9) A combination of projects secured by a an entity that is not a State or local govern- used— common security pledge, each of which is el- ment or an agency or instrumentality of a (A) to finance eligible project costs of any igible under paragraph (1), (2), (3), (4), (5), (6), State or local government or a tribal govern- project selected under section 10009; or (7), for which an eligible entity, or a comment or consortium of tribal governments, (B) to refinance interim construction fi- bination of eligible entities, submits a single the project shall be publicly sponsored. nancing of eligible project costs of any application. (5) LIMITATION.—No project receiving Fed- project selected under section 10009; or eral credit assistance under this title may be (C) to refinance long-term project obliga- SEC. 10008. ACTIVITIES ELIGIBLE FOR ASSIST- tions or Federal credit instruments, if that ANCE. financed or refinanced (directly or indi- rectly), in whole or in part, with proceeds of refinancing provides additional funding ca- For purposes of this title, an eligible activ- any obligation— pacity for the completion, enhancement, or ity with respect to an eligible project in- (A) the interest on which is exempt from expansion of any project that— cludes the cost of— the tax imposed under chapter 1 of the Inter- (i) is selected under section 10009; or (1) development-phase activities, including nal Revenue Code of 1986; or (ii) otherwise meets the requirements of planning, feasibility analysis (including any (B) with respect to which credit is allow- section 10009. related analysis necessary to carry out an el- able under subpart I or J of part IV of sub- (2) LIMITATION ON REFINANCING OF INTERIM igible project), revenue forecasting, environ- chapter A of chapter 1 of such Code. CONSTRUCTION FINANCING.—A secured loan mental review, permitting, preliminary engi- (b) SELECTION CRITERIA.— under paragraph (1) shall not be used to refi- neering and design work, and other (1) ESTABLISHMENT.—The Secretary or the nance interim construction financing under preconstruction activities; Administrator, as applicable, shall establish paragraph (1)(B) later than 1 year after the (2) construction, reconstruction, rehabili- criteria for the selection of projects that date of substantial completion of the appli- tation, and replacement activities; meet the eligibility requirements of sub- cable project. (3) the acquisition of real property or an section (a), in accordance with paragraph (2). (3) FINANCIAL RISK ASSESSMENT.—Before en- interest in real property (including water (2) CRITERIA.—The selection criteria shall tering into an agreement under this sub- rights, land relating to the project, and im- include the following: section for a secured loan, the Secretary or provements to land), environmental mitiga- (A) The extent to which the project is na- the Administrator, as applicable, in con- tion (including acquisitions pursuant to sec- tionally or regionally significant, with re- sultation with the Director of the Office of tion 10007(7)), construction contingencies, spect to the generation of economic and pub- Management and Budget and each rating and acquisition of equipment; lic benefits, such as— agency providing a preliminary rating opin- (4) capitalized interest necessary to meet (i) the reduction of flood risk; ion letter under section 10009(a)(1)(B), shall market requirements, reasonably required (ii) the improvement of water quality and determine an appropriate capital reserve reserve funds, capital issuance expenses, and quantity, including aquifer recharge; subsidy amount for the secured loan, taking other carrying costs during construction; (iii) the protection of drinking water; and into account each such preliminary rating and (iv) the support of international com- opinion letter. (5) refinancing interim construction fund- merce. (4) INVESTMENT-GRADE RATING REQUIRE- ing, long-term project obligations, or a se- (B) The extent to which the project financ- MENT.—The execution of a secured loan cured loan or loan guarantee made under ing plan includes public or private financing under this section shall be contingent on re- this title. in addition to assistance under this title. ceipt by the senior obligations of the project SEC. 10009. DETERMINATION OF ELIGIBILITY (C) The likelihood that assistance under of an investment-grade rating. AND PROJECT SELECTION. this title would enable the project to proceed (b) TERMS AND LIMITATIONS.— (a) ELIGIBILITY REQUIREMENTS.—To be eli- at an earlier date than the project would (1) IN GENERAL.—A secured loan provided gible to receive financial assistance under otherwise be able to proceed. for a project under this section shall be sub- this title, a project shall meet the following (D) The extent to which the project uses ject to such terms and conditions, and con- criteria, as determined by the Secretary or new or innovative approaches. tain such covenants, representations, war- Administrator, as applicable: (E) The amount of budget authority re- ranties, and requirements (including require- (1) CREDITWORTHINESS.— quired to fund the Federal credit instrument ments for audits), as the Secretary or the (A) IN GENERAL.—Subject to subparagraph made available under this title. Administrator, as applicable, determines to (B), the project shall be creditworthy, which (F) The extent to which the project— be appropriate. shall be determined by the Secretary or the (i) protects against extreme weather (2) MAXIMUM AMOUNT.—The amount of a se- Administrator, as applicable, who shall en- events, such as floods or hurricanes; or cured loan under this section shall not ex- sure that any financing for the project has (ii) helps maintain or protect the environ- ceed the lesser of— appropriate security features, such as a rate ment. (A) an amount equal to 49 percent of the covenant, to ensure repayment. (G) The extent to which a project serves re- reasonably anticipated eligible project costs; (B) PRELIMINARY RATING OPINION LETTER.— gions with significant energy exploration, and The Secretary or the Administrator, as ap- development, or production areas. (B) if the secured loan does not receive an plicable, shall require each project applicant (H) The extent to which a project serves reinvestment-grade rating, the amount of the to provide a preliminary rating opinion let- gions with significant water resource chal- senior project obligations of the project. ter from at least 1 rating agency indicating lenges, including the need to address— (3) PAYMENT.—A secured loan under this that the senior obligations of the project (i) water quality concerns in areas of re- section— (which may be the Federal credit instru- gional, national, or international signifi- (A) shall be payable, in whole or in part, ment) have the potential to achieve an in- cance; from State or local taxes, user fees, or other vestment-grade rating. (ii) water quantity concerns related to dedicated revenue sources that also secure (C) SPECIAL RULE FOR CERTAIN COMBINED groundwater, surface water, or other water the senior project obligations of the relevant PROJECTS.—The Administrator shall develop sources; project; a credit evaluation process for a Federal (iii) significant flood risk; (B) shall include a rate covenant, coverage credit instrument provided to a State infra- (iv) water resource challenges identified in requirement, or similar security feature sup- structure financing authority for a project existing regional, State, or multistate agree- porting the project obligations; and under section 10007(8) or an entity for a ments; or (C) may have a lien on revenues described project under section 10007(9), which may in- (v) water resources with exceptional rec- in subparagraph (A), subject to any lien se- clude requiring the provision of a prelimi- reational value or ecological importance. curing project obligations.

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(4) INTEREST RATE.—The interest rate on a (i) IN GENERAL.—Any payment deferral (3) FEE.—A servicer appointed under para- secured loan under this section shall be not under subparagraph (A) shall be contingent graph (1) shall receive a servicing fee, sub- less than the yield on United States Treas- on the project meeting such criteria as the ject to approval by the Secretary or the Ad- ury securities of a similar maturity to the Secretary or the Administrator, as applica- ministrator, as applicable. maturity of the secured loan on the date of ble, may establish. (d) ASSISTANCE FROM EXPERTS.—The Sec- execution of the loan agreement. (ii) REPAYMENT STANDARDS.—The criteria retary or the Administrator, as applicable, (5) MATURITY DATE.— established under clause (i) shall include may retain the services, including counsel, (A) IN GENERAL.—The final maturity date standards for reasonable assurance of repay- of organizations and entities with expertise of a secured loan under this section shall be ment. in the field of municipal and project finance not later than 35 years after the date of sub- (4) PREPAYMENT.— to assist in the underwriting and servicing of stantial completion of the relevant project. (A) USE OF EXCESS REVENUES.—Any excess Federal credit instruments provided under (B) SPECIAL RULE FOR STATE INFRASTRUC- revenues that remain after satisfying sched- this title. TURE FINANCING AUTHORITIES.—The final ma- uled debt service requirements on the (e) APPLICABILITY OF OTHER LAWS.—Sec- turity date of a secured loan to a State infra- project obligations and secured loan and all tion 513 of the Federal Water Pollution Con- structure financing authority under this sec- deposit requirements under the terms of any trol Act (33 U.S.C. 1372) applies to the con- tion shall be not later than 35 years after the trust agreement, bond resolution, or similar struction of a project carried out, in whole date on which amounts are first disbursed. agreement securing project obligations may or in part, with assistance made available (6) NONSUBORDINATION.—A secured loan be applied annually to prepay a secured loan through a Federal credit instrument under under this section shall not be subordinated under this section without penalty. this title in the same manner that section applies to a treatment works for which a to the claims of any holder of project obliga- (B) USE OF PROCEEDS OF REFINANCING.—A tions in the event of bankruptcy, insolvency, secured loan under this section may be pre- grant is made available under that Act. or liquidation of the obligor of the project. paid at any time without penalty from the SEC. 10012. STATE, TRIBAL, AND LOCAL PERMITS. (7) FEES.—The Secretary or the Adminis- proceeds of refinancing from non-Federal The provision of financial assistance for trator, as applicable, may establish fees at a funding sources. project under this title shall not— level sufficient to cover all or a portion of (d) SALE OF SECURED LOANS.— (1) relieve any recipient of the assistance the costs to the Federal Government of mak- (1) IN GENERAL.—Subject to paragraph (2), of any obligation to obtain any required ing a secured loan under this section. as soon as practicable after the date of sub- State, local, or tribal permit or approval (8) NON-FEDERAL SHARE.—The proceeds of a stantial completion of a project and after with respect to the project; secured loan under this section may be used providing a notice to the obligor, the Sec- (2) limit the right of any unit of State, to pay any non-Federal share of project costs retary or the Administrator, as applicable, local, or tribal government to approve or required if the loan is repayable from non- may sell to another entity or reoffer into the regulate any rate of return on private equity Federal funds. capital markets a secured loan for a project invested in the project; or (9) MAXIMUM FEDERAL INVOLVEMENT.— under this section, if the Secretary or the (3) otherwise supersede any State, local, or (A) IN GENERAL.—Except as provided in Administrator, as applicable, determines tribal law (including any regulation) applica- subparagraph (B), for each project for which that the sale or reoffering can be made on fa- ble to the construction or operation of the assistance is provided under this title, the vorable terms. project. total amount of Federal assistance shall not (2) CONSENT OF OBLIGOR.—In making a sale SEC. 10013. REGULATIONS. exceed 80 percent of the total project cost. or reoffering under paragraph (1), the Sec- The Secretary or the Administrator, as ap- (B) EXCEPTION.—Subparagraph (A) shall retary or the Administrator, as applicable, plicable, may promulgate such regulations not apply to any rural water project— may not change the original terms and con- as the Secretary or Administrator deter- (i) that is authorized to be carried out by ditions of the secured loan without the writ- mines to be appropriate to carry out this the Secretary of the Interior; ten consent of the obligor. title. (ii) that includes among its beneficiaries a (e) LOAN GUARANTEES.— SEC. 10014. FUNDING. federally recognized Indian tribe; and (1) IN GENERAL.—The Secretary or the Ad- (a) IN GENERAL.—There is authorized to be (iii) for which the authorized Federal share ministrator, as applicable, may provide a appropriated to each of the Secretary and of the total project costs is greater than the loan guarantee to a lender in lieu of making the Administrator to carry out this title amount described in subparagraph (A). a secured loan under this section, if the Sec- $50,000,000 for each of fiscal years 2014 through 2018, to remain available until ex- (c) REPAYMENT.— retary or the Administrator, as applicable, determines that the budgetary cost of the pended. (1) SCHEDULE.—The Secretary or the Ad- (b) ADMINISTRATIVE COSTS.—Of the funds loan guarantee is substantially the same as ministrator, as applicable, shall establish a made available to carry out this title, the that of a secured loan. repayment schedule for each secured loan Secretary or the Administrator, as applica- (2) TERMS.—The terms of a loan guarantee provided under this section, based on the ble, may use for the administration of this provided under this subsection shall be con- projected cash flow from project revenues title, including for the provision of technical sistent with the terms established in this and other repayment sources. assistance to aid project sponsors in obtain- section for a secured loan, except that the (2) COMMENCEMENT.— ing the necessary approvals for the project, rate on the guaranteed loan and any prepay- (A) IN GENERAL.—Scheduled loan repay- not more than $2,200,000 for each of fiscal ment features shall be negotiated between ments of principal or interest on a secured years 2014 through 2018. the obligor and the lender, with the consent loan under this section shall commence not SEC. 10015. REPORT TO CONGRESS. of the Secretary or the Administrator, as ap- later than 5 years after the date of substan- Not later than 2 years after the date of en- plicable. tial completion of the project. actment of this Act, and every 2 years there- (B) SPECIAL RULE FOR STATE INFRASTRUC- SEC. 10011. PROGRAM ADMINISTRATION. after, the Secretary or the Administrator, as TURE FINANCING AUTHORITIES.—Scheduled (a) REQUIREMENT.—The Secretary or the applicable, shall submit to the Committee on loan repayments of principal or interest on a Administrator, as applicable, shall establish Environment and Public Works of the Senate secured loan to a State infrastructure fi- a uniform system to service the Federal and the Committee on Transportation and nancing authority under this title shall com- credit instruments made available under this Infrastructure of the House of Representa- mence not later than 5 years after the date title. tives a report summarizing for the projects on which amounts are first disbursed. (b) FEES.— that are receiving, or have received, assist- (3) DEFERRED PAYMENTS.— (1) IN GENERAL.—The Secretary or the Ad- ance under this title— (A) AUTHORIZATION.—If, at any time after ministrator, as applicable, may collect and (1) the financial performance of those the date of substantial completion of a spend fees, contingent on authority being projects, including a recommendation as to project for which a secured loan is provided provided in appropriations Acts, at a level whether the objectives of this title are being under this section, the project is unable to that is sufficient to cover— met; and generate sufficient revenues to pay the (A) the costs of services of expert firms re- (2) the public benefit provided by those scheduled loan repayments of principal and tained pursuant to subsection (d); and projects, including, as applicable, water interest on the secured loan, the Secretary (B) all or a portion of the costs to the Fed- quality and water quantity improvement, or the Administrator, as applicable, subject eral Government of servicing the Federal the protection of drinking water, and the re- to subparagraph (C), may allow the obligor credit instruments provided under this title. duction of flood risk. to add unpaid principal and interest to the (c) SERVICER.— SEC. 10016. USE OF AMERICAN IRON, STEEL, AND outstanding balance of the secured loan. (1) IN GENERAL.—The Secretary or the Ad- MANUFACTURED GOODS. (B) INTEREST.—Any payment deferred ministrator, as applicable, may appoint a fi- (a) IN GENERAL.—Except as provided in under subparagraph (A) shall— nancial entity to assist the Secretary or the subsection (b), none of the amounts made (i) continue to accrue interest in accord- Administrator in servicing the Federal cred- available under this Act may be used for the ance with subsection (b)(4) until fully repaid; it instruments provided under this title. construction, alteration, maintenance, or re- and (2) DUTIES.—A servicer appointed under pair of a project eligible for assistance under (ii) be scheduled to be amortized over the paragraph (1) shall act as the agent for the this title unless all of the iron, steel, and remaining term of the secured loan. Secretary or the Administrator, as applica- manufactured goods used in the project are (C) CRITERIA.— ble. produced in the United States.

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(b) EXCEPTION.—Subsection (a) shall not necessary infrastructure improvements re- (1) IN GENERAL.—In an area that the Presi- apply in any case or category of cases in ferred to in paragraph (3); and dent has declared a major disaster in accord- which the Secretary finds that— (6) an analysis of the Federal, State, and ance with section 401 of the Robert T. Staf- (1) applying subsection (a) would be incon- local costs of natural disasters and the po- ford Disaster Relief and Emergency Assist- sistent with the public interest; tential cost-savings associated with imple- ance Act (42 U.S.C. 5170), the Secretary may (2) iron, steel, and the relevant manufac- menting mitigation measures. carry out a watershed assessment to iden- tured goods are not produced in the United (c) COORDINATION.—The National Academy tify, to the maximum extent practicable, States in sufficient and reasonably available of Sciences may cooperate with the National specific flood risk reduction, hurricane and quantities and of a satisfactory quality; or Academy of Public Administration to carry storm damage reduction, ecosystem restora- (3) inclusion of iron, steel, and manufac- out 1 or more aspects of the study under sub- tion, or navigation project recommendations tured goods produced in the United States section (a). that will help to rehabilitate and improve will increase the cost of the overall project (d) PUBLICATION.—Not later than 30 days the resiliency of damaged infrastructure and by more than 25 percent. after completion of the study under sub- natural resources to reduce risks to human section (a), the National Academy of (c) PUBLIC NOTICE.—If the Secretary deter- life and property from future natural disas- Sciences shall— mines that it is necessary to waive the appli- ters. (1) submit a copy of the study to the Com- cation of subsection (a) based on a finding (2) EXISTING PROJECTS.—A watershed as- mittee on Environment and Public Works of under subsection (b), the Secretary shall sessment carried out paragraph (1) may iden- the Senate and the Committee on Transpor- publish in the Federal Register a detailed tify existing projects being carried out under tation and Infrastructure of the House of written justification as to why the provision 1 or more of the authorities referred to in Representatives; and is being waived. subsection (b) (1). (2) make a copy of the study available on (d) INTERNATIONAL AGREEMENTS.—This sec- (3) DUPLICATE WATERSHED ASSESSMENTS.— a publicly accessible Internet site. tion shall be applied in a manner consistent In carrying out a watershed assessment with United States obligations under inter- SEC. 11003. GAO STUDY ON MANAGEMENT OF under paragraph (1), the Secretary shall use FLOOD, DROUGHT, AND STORM DAM- national agreements. AGE. all existing watershed assessments and re- TITLE XI—EXTREME WEATHER (a) IN GENERAL.—Not later than 1 year lated information developed by the Sec- SEC. 11001. DEFINITION OF RESILIENT CON- after the date of enactment of this Act, the retary or other Federal, State, or local enti- STRUCTION TECHNIQUE. Comptroller General shall submit to the ties. In this title, the term ‘‘resilient construc- Committee on Environment and Public (b) PROJECTS.— tion technique’’ means a construction meth- Works of the Senate and the Committee on (1) IN GENERAL.—The Secretary may carry od that— Transportation and Infrastructure of the out 1 or more small projects identified in a (1) allows a property— House of Representatives a study of the watershed assessment under subsection (a) (A) to resist hazards brought on by a major strategies used by the Corps of Engineers for that the Secretary would otherwise be au- disaster; and the comprehensive management of water re- thorized to carry out under— (B) to continue to provide the primary sources in response to floods, storms, and (A) section 205 of the Flood Control Act of functions of the property after a major dis- droughts, including an historical review of 1948 (33 U.S.C. 701s); aster; the ability of the Corps of Engineers to man- (B) section 111 of the River and Harbor Act (2) reduces the magnitude or duration of a age and respond to historical drought, storm, of 1968 (33 U.S.C. 426i); disruptive event to a property; and and flood events. (C) section 206 of the Water Resources De- (3) has the absorptive capacity, adaptive (b) CONSIDERATIONS.—The study under sub- velopment Act of 1996 (33 U.S.C. 2330); capacity, and recoverability to withstand a section (a) shall address— (D) section 1135 of the Water Resources De- potentially disruptive event. (1) the extent to which existing water man- velopment Act of 1986 (33 U.S.C. 2309a); agement activities of the Corps of Engineers (E) section 107 of the River and Harbor Act SEC. 11002. STUDY ON RISK REDUCTION. can better meet the goal of addressing future (a) IN GENERAL.—Not later than 18 months of 1960 (33 U.S.C. 577); or flooding, drought, and storm damage risks, (F) section 3 of the Act of August 13, 1946 after the date of enactment of this Act, the which shall include analysis of all historical Secretary, in coordination with the Sec- (33 U.S.C. 426g). extreme weather events that have been re- (2) EXISTING PROJECTS.—In carrying out a retary of the Interior and the Secretary of corded during the previous 5 centuries as Commerce, shall enter into an arrangement project under paragraph (1), the Secretary well as in the geological record; shall— with the National Academy of Sciences to (2) whether existing water resources carry out a study and make recommenda- (A) to the maximum extent practicable, projects built or maintained by the Corps of use all existing information and studies tions relating to infrastructure and coastal Engineers, including dams, levees, restoration options for reducing risk to available for the project; and floodwalls, flood gates, and other appur- (B) not require any element of a study human life and property from extreme tenant infrastructure were designed to ade- weather events, such as hurricanes, coastal completed for the project prior to the dis- quately address flood, storm, and drought aster to be repeated. storms, and inland flooding. impacts and the extent to which the water (c) REQUIREMENTS.—All requirements ap- (b) CONSIDERATIONS.—The study under sub- resources projects have been successful at plicable to a project under the Acts described section (a) shall include— addressing those impacts; in subsection (b) shall apply to the project. (1) an analysis of strategies and water re- (3) any recommendations for approaches sources projects, including authorized water for repairing, rebuilding, or restoring infra- (d) LIMITATIONS ON ASSESSMENTS.— resources projects that have not yet been structure, land, and natural resources that (1) IN GENERAL.—A watershed assessment constructed, and other projects implemented consider the risks and vulnerabilities associ- under subsection (a) shall be initiated not in the United States and worldwide to re- ated with past and future extreme weather later than 2 years after the date on which spond to risk associated with extreme weath- events; the major disaster declaration is issued. er events; (4) whether a reevaluation of existing man- (2) FEDERAL SHARE.—The Federal share of (2) an analysis of— agement approaches of the Corps of Engi- the cost of carrying out a watershed assess- (A) historical extreme weather events; neers could result in greater efficiencies in ment under subsection (a) shall not exceed (B) the ability of existing infrastructure to water management and project delivery that $1,000,000. mitigate risks associated with extreme would enable the Corps of Engineers to bet- (e) AUTHORIZATION OF APPROPRIATIONS.— weather events; and ter prepare for, contain, and respond to There is authorized to be appropriated to (C) the reduction in long-term costs and flood, storm, and drought conditions; carry out this section $25,000,000 for each of vulnerability to infrastructure through the (5) any recommendations for improving the fiscal years 2014 through 2018. use of resilient construction techniques. planning processes of the Corps of Engineers SEC. 11005. AUTHORITY TO ACCEPT AND EXPEND (3) identification of proven, science-based to provide opportunities for comprehensive NON-FEDERAL AMOUNTS. approaches and mechanisms for ecosystem management of water resources that in- The Secretary is authorized to accept and protection and identification of natural re- creases efficiency and improves response to expend amounts provided by non-Federal in- sources likely to have the greatest need for flood, storm, and drought conditions; terests for the purpose of repairing, restor- protection, restoration, and conservation so (6) any recommendations on the use of re- ing, or replacing water resources projects that the infrastructure and restoration silient construction techniques to reduce fu- that have been damaged or destroyed as a re- projects can continue safeguarding the com- ture vulnerability from flood, storm, and sult of a major disaster or other emergency munities in, and sustaining the economy of, drought conditions; and if the Secretary determines that the accept- the United States; (7) any recommendations for improving ap- ance and expenditure of those amounts is in (4) an estimation of the funding necessary proaches to rebuilding or restoring infra- the public interest. to improve infrastructure in the United structure and natural resources that con- TITLE XII—NATIONAL ENDOWMENT FOR States to reduce risk associated with ex- tribute to risk reduction, such as coastal THE OCEANS treme weather events; wetlands, to prepare for flood and drought. (5) an analysis of the adequacy of current SEC. 11004. POST-DISASTER WATERSHED ASSESS- SEC. 12001. SHORT TITLE. funding sources and the identification of po- MENTS. This title may be cited as the ‘‘National tential new funding sources to finance the (a) WATERSHED ASSESSMENTS.— Endowment for the Oceans Act’’.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7774 CONGRESSIONAL RECORD — SENATE October 31, 2013 SEC. 12002. PURPOSES. (16 U.S.C. 3701 et seq.), except the provisions (4) Analyses of current and anticipated im- The purposes of this title are to protect, of section 10(a) of that Act (16 U.S.C. 3709(a)). pacts of ocean acidification and assessment conserve, restore, and understand the (f) WITHDRAWALS AND EXPENDITURES.— of potential actions to minimize harm to oceans, coasts, and Great Lakes of the (1) ALLOCATION OF FUNDS.—Each fiscal ocean, coastal, and Great Lakes ecosystems. United States, ensuring present and future year, the Foundation shall, in consultation (5) Analyses of, and planning for, current generations will benefit from the full range with the Secretary, allocate an amount and anticipated uses of ocean, coastal, and of ecological, economic, educational, social, equal to not less than 3 percent and not more Great Lakes areas. cultural, nutritional, and recreational oppor- than 7 percent of the corpus of the Endow- (6) Regional, subregional, or site-specific tunities and services these resources are ca- ment fund and the income generated from management efforts designed to manage, pable of providing. the Endowment fund from the current fiscal protect, or restore ocean, coastal, and Great SEC. 12003. DEFINITIONS. year. Lakes resources and ecosystems. XPENDITURE.—Except as provided in In this title: (2) E (7) Research, assessment, monitoring, ob- paragraph (3), of the amounts allocated (1) COASTAL SHORELINE COUNTY.—The term servation, modeling, and sharing of scientific under paragraph (1) for each fiscal year— ‘‘coastal shoreline county’’ has the meaning information that contribute to the under- (A) at least 59 percent shall be used by the given the term by the Administrator of the standing of ocean, coastal, and Great Lakes Foundation to award grants to coastal Federal Emergency Management Agency for ecosystems and support the purposes of this States under section 12006(b); purposes of administering the National title. (B) at least 39 percent shall be allocated by Flood Insurance Act of 1968 (42 U.S.C. 4001 et (8) Efforts to understand better the proc- the Foundation to award grants under sec- seq.). esses that govern the fate and transport of tion 12006(c); and (2) COASTAL STATE.—The term ‘‘coastal petroleum hydrocarbons released into the (C) no more than 2 percent may be used by State’’ has the meaning given the term marine environment from natural and an- the Secretary and the Foundation for admin- ‘‘coastal state’’ in section 304 of the Coastal thropogenic sources, including spills. istrative expenses to carry out this title, Zone Management Act of 1972 (16 U.S.C. (9) Efforts to improve spill response and which amount shall be divided between the 1453). preparedness technologies. Secretary and the Foundation pursuant to (3) CORPUS.—The term ‘‘corpus’’, with re- (10) Acquiring property or interests in an agreement reached and documented by spect to the Endowment fund, means an property in coastal and estuarine areas, if both the Secretary and the Foundation. amount equal to the Federal payments to such property or interest is acquired in a (3) PROGRAM ADJUSTMENTS.— such fund, amounts contributed to the fund manner that will ensure such property or in- (A) IN GENERAL.—In any fiscal year in from non-Federal sources, and appreciation terest will be administered to support the which the amount described in subparagraph from capital gains and reinvestment of in- purposes of this title. (B) is less than $100,000,000, the Foundation, come. (11) Protection and relocation of critical in consultation with the Secretary, may (4) ENDOWMENT.—The term ‘‘Endowment’’ coastal public infrastructure affected by ero- elect not to use any of the amounts allocated means the endowment established under sub- sion or sea level change. under paragraph (1) for that fiscal year to section (a). (b) MATCHING REQUIREMENT.—An amount award grants under section 12006(b). from the Endowment may not be allocated (5) ENDOWMENT FUND.—The term ‘‘Endow- (B) DETERMINATION AMOUNT.—The amount ment fund’’ means a fund, or a tax-exempt to fund a project or activity described in described in this subparagraph for a fiscal foundation, established and maintained pur- paragraph (10) or (11) of subsection (a) unless year is the amount that is equal to the sum non-Federal contributions in an amount suant to this title by the Foundation for the of— equal to 30 percent or more of the cost of purposes described in section 12004(a). (i) the amount that is 5 percent of the cor- such project or activity is made available to (6) FOUNDATION.—The term ‘‘Foundation’’ pus of the Endowment fund; and carry out such project or activity. means the National Fish and Wildlife Foun- (ii) the aggregate amount of income the (c) CONSIDERATIONS FOR GREAT LAKES dation established by section 2(a) of the Na- Foundation expects to be generated from the STATES.—Programs and activities funded in tional Fish and Wildlife Foundation Estab- Endowment fund in that fiscal year. Great Lakes States shall also seek to attain lishment Act (16 U.S.C. 3701(a)). (g) RECOVERY OF PAYMENTS.—After notice the goals embodied in the Great Lakes Res- (7) INCOME.—The term ‘‘income’’, with re- and an opportunity for a hearing, the Sec- toration Initiative Plan, the Great Lakes Re- spect to the Endowment fund, means an retary is authorized to recover any Federal gional Collaboration Strategy, the Great amount equal to the dividends and interest payments under this section if the Founda- Lakes Water Quality Agreement, or other accruing from investments of the corpus of tion— collaborative planning efforts of the Great such fund. (1) makes a withdrawal or expenditure of Lakes Region. (8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ the corpus of the Endowment fund or the in- (d) PROHIBITION ON USE OF FUNDS FOR LITI- has the meaning given that term in section come of the Endowment fund that is not con- GATION.—No funds made available under this 4 of the Indian Self-Determination and Edu- sistent with the requirements of section title may be used to fund litigation over any cation Assistance Act (25 U.S.C. 450b). 12005; or matter. (9) SECRETARY.—The term ‘‘Secretary’’ (2) fails to comply with a procedure, meas- SEC. 12006. GRANTS. means the Secretary of Commerce. ure, method, or standard established under (a) ADMINISTRATION OF GRANTS.— (10) TIDAL SHORELINE.—The term ‘‘tidal section 12006(a)(1). (1) IN GENERAL.—Not later than 90 days shoreline’’ has the meaning given that term SEC. 12005. ELIGIBLE USES. after the date of the enactment of this Act, pursuant to section 923.110(c)(2)(i) of title 15, (a) IN GENERAL.—Amounts in the Endow- the Foundation shall establish the following: Code of Federal Regulations, or a similar ment may be allocated by the Foundation to (A) Application and review procedures for successor regulation. support programs and activities intended to the awarding of grants under this section, in- SEC. 12004. NATIONAL ENDOWMENT FOR THE restore, protect, maintain, or understand liv- cluding requirements ensuring that any OCEANS. ing marine resources and their habitats and amounts awarded under such subsections (a) ESTABLISHMENT.—The Secretary and ocean, coastal, and Great Lakes resources, may only be used for an eligible use de- the Foundation are authorized to establish including baseline scientific research, ocean scribed under section 12005. the National Endowment for the Oceans as a observing, and other programs and activities (B) Approval procedures for the awarding permanent Endowment fund, in accordance carried out in coordination with Federal and of grants under this section that require con- with this section, to further the purposes of State departments or agencies, that are consultation with the Secretary of Commerce this title and to support the programs estab- sistent with Federal environmental laws and and the Secretary of the Interior. lished under this title. that avoid environmental degradation, in- (C) Eligibility criteria for awarding (b) AGREEMENTS.—The Secretary and the cluding the following: grants— Foundation may enter into such agreements (1) Ocean, coastal, and Great Lakes res- (i) under subsection (b) to coastal States; as may be necessary to carry out the pur- toration and protection, including the pro- and poses of this title. tection of the environmental integrity of (ii) under subsection (c) to entities includ- (c) DEPOSITS.—There shall be deposited in such areas, and their related watersheds, in- ing States, Indian tribes, regional bodies, as- the Fund, which shall constitute the assets cluding efforts to mitigate potential impacts sociations, non-governmental organizations, of the Fund, amounts as follows: of sea level change, changes in ocean chem- and academic institutions. (1) Amounts appropriated or otherwise istry, and changes in ocean temperature. (D) Performance accountability and moni- made available to carry out this title. (2) Restoration, protection, or mainte- toring measures for programs and activities (2) Amounts earned through investment nance of living ocean, coastal, and Great funded by a grant awarded under subsection under subsection (d). Lakes resources and their habitats, includ- (b) or (c). (d) INVESTMENTS.—The Foundation shall ing marine protected areas and riparian mi- (E) Procedures and methods to ensure ac- invest the Endowment fund corpus and in- gratory habitat of coastal and marine spe- curate accounting and appropriate adminis- come for the benefit of the Endowment. cies. tration grants awarded under this section, (e) REQUIREMENTS.—Any amounts received (3) Planning for and managing coastal de- including standards of record keeping. by the Foundation pursuant to this title velopment to enhance ecosystem integrity or (F) Procedures to carry out audits of the shall be subject to the provisions of the Na- minimize impacts from sea level change and Endowment as necessary, but not less fre- tional Fish and Wildlife Establishment Act coastal erosion. quently than once every 5 years.

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(G) Procedures to carry out audits of the limit shall be redistributed among the re- (D) REVIEW OF RESUBMITTAL.—Not later recipients of grants under this section. maining States according to the formula es- than 60 days after receiving a plan resub- (2) APPROVAL PROCEDURES.— tablished under paragraph (1). mitted under subparagraph (C), the Sec- (A) SUBMITTAL.—The Foundation shall sub- (B) GEOGRAPHIC AREAS DESCRIBED.—The ge- retary shall review the plan. mit to the Secretary each procedure, meas- ographic areas described in this subpara- (8) INDIAN TRIBES.—As a condition on re- ure, method, and standard established under graph are the following: ceipt of a grant under this subsection, a paragraph (1). (i) American Samoa. State that receives a grant under this sub- (B) DETERMINATION AND NOTICE.—Not later (ii) The Commonwealth of the Northern section shall ensure that Indian tribes in the than 90 days after receiving the procedures, Mariana Islands. State are eligible to participate in the com- measures, methods, and standards under sub- (iii) Guam. petitive process described in the State’s plan paragraph (A), the Secretary shall— (iv) Puerto Rico. under paragraph (5)(A)(v). (i) determine whether to approve or dis- (v) The Virgin Islands. (c) NATIONAL GRANTS FOR OCEANS, COASTS, approve of such procedures, measures, meth- (5) REQUIREMENT TO SUBMIT PLANS.— AND GREAT LAKES.— ods, and standards; and (A) IN GENERAL.—To be eligible to receive a (1) IN GENERAL.—The Foundation may use (ii) notify the Foundation of such deter- grant under this subsection, a coastal State amounts allocated under section mination. shall submit to the Secretary, and the Sec- 12004(e)(2)(B) to award grants according to (C) JUSTIFICATION OF DISAPPROVAL.—If the retary shall review, a 5-year plan, which the procedures established in subsection (a) Secretary disapproves of the procedures, shall include the following: to support activities consistent with section measures, methods, and standards under sub- (i) A prioritized list of goals the coastal 12005. paragraph (B), the Secretary shall include in State intends to achieve during the time pe- (2) ADVISORY PANEL.— notice submitted under clause (ii) of such riod covered by the 5-year plan. (A) IN GENERAL.—The Foundation shall es- subparagraph the rationale for such dis- (ii) Identification and general descriptions tablish an advisory panel to conduct reviews approval. of existing State projects or activities that of applications for grants under paragraph (D) RESUBMITTAL.—Not later than 30 days contribute to realization of such goals, in- (1) and the Foundation shall consider the after the Foundation receives notification cluding a description of the entities con- recommendations of the Advisory Panel with under subparagraph (B)(ii) that the Sec- ducting those projects or activities. respect to such applications. retary has disapproved the procedures, meas- (iii) General descriptions of projects or ac- (B) MEMBERSHIP.—The advisory panel es- ures, methods, and standards, the Founda- tivities, consistent with the eligible uses de- tablished under subparagraph (A) shall in- tion shall revise such procedures, measures, scribed in section 12005, applicable provisions clude persons representing a balanced and di- methods, and standards and submit such re- of law relating to the environment, and ex- verse range, as determined by the Founda- vised procedures, measures, methods, and isting Federal ocean policy, that could con- tion, of— standards to the Secretary. tribute to realization of such goals. (i) ocean, coastal, and Great Lakes depend- (E) REVIEW OF RESUBMITTAL.—Not later (iv) Criteria to determine eligibility for en- ent industries; than 30 days after receiving revised proce- tities which may receive grants under this (ii) geographic regions; dures, measures, methods, and standards re- subsection. (iii) nonprofit conservation organizations submitted under subparagraph (D), the Sec- (v) A description of the competitive proc- with a mission that includes the conserva- retary shall— ess the coastal State will use in allocating tion and protection of living marine re- (i) determine whether to approve or dis- funds received from the Endowment, except sources and their habitats; and approve the revised procedures, measures, in the case of allocating funds under para- (iv) academic institutions with strong sci- methods, and standards; and graph (7), which shall include— entific or technical credentials and experi- (ii) notify the Foundation of such deter- (I) a description of the relative roles in the ence in marine science or policy. mination. State competitive process of the State coast- (b) GRANTS TO COASTAL STATES.— al zone management program approved SEC. 12007. ANNUAL REPORT. (1) IN GENERAL.—Subject to paragraphs (3) under the Coastal Zone Management Act of (a) REQUIREMENT FOR ANNUAL REPORT.—Be- and (4), the Foundation shall award grants of 1972 (16 U.S.C. 1451 et seq.) and any State Sea ginning with fiscal year 2014, not later than amounts allocated under section Grant Program; and 60 days after the end of each fiscal year, the 12004(e)(2)(A) to eligible coastal States, based (II) a demonstration that such competitive Foundation shall submit to the Committee on the following formula: process is consistent with the application on Commerce, Science, and Transportation (A) Fifty percent of the funds are allocated and review procedures established by the of the Senate and the Committee on Natural equally among eligible coastal States. Foundation under subsection (a)(1). Resources of the House of Representatives a (B) Twenty-five percent of the funds are al- (B) UPDATES.—As a condition of receiving a report on the operation of the Endowment located on the basis of the ratio of tidal grant under this subsection, a coastal State during the fiscal year. shoreline miles in a coastal State to the shall submit to the Secretary, not less fre- (b) CONTENT.—Each annual report sub- tidal shoreline miles of all coastal States. quently than once every 5 years, an update mitted under subsection (a) for a fiscal year (C) Twenty-five percent of the funds are al- to the plan submitted by the coastal State shall include— located on the basis of the ratio of popu- under subparagraph (A) for the 5-year period (1) a statement of the amounts deposited in lation density of the coastal shoreline coun- immediately following the most recent sub- the Endowment and the balance remaining ties of a coastal State to the population den- mittal under this paragraph. in the Endowment at the end of the fiscal sity of all coastal shoreline counties. (6) OPPORTUNITY FOR PUBLIC COMMENT.—In year; and (2) ELIGIBLE COASTAL STATES.—For pur- determining whether to approve a plan or an (2) a description of the expenditures made poses of paragraph (1), an eligible coastal update to a plan described in subparagraph from the Endowment for the fiscal year, in- State includes— (A) or (B) of paragraph (5), the Secretary cluding the purpose of the expenditures. (A) a coastal State that has a coastal man- shall provide the opportunity for, and take SEC. 12008. TULSA PORT OF CATOOSA, ROGERS agement program approved under the Coast- into consideration, public input and com- COUNTY, OKLAHOMA LAND EX- al Zone Management Act of 1972 (16 U.S.C. ment on the plan. CHANGE. 1451 et seq.); and (7) APPROVAL PROCEDURE.— (a) DEFINITIONS.—In this section: (B) during the period beginning on the date (A) IN GENERAL.—Not later than 30 days (1) FEDERAL LAND.—The term ‘‘Federal of the enactment of this Act and ending on after the opportunity for public comment on land’’ means the approximately 87 acres of December 31, 2018, a coastal State that had, a plan or an update to a plan of a coastal land situated in Rogers County, Oklahoma, during the period beginning January 1, 2008, State under paragraph (6), the Secretary contained within United States Tracts 413 and ending on the date of the enactment of shall notify such coastal State that the Sec- and 427, and acquired for the McClellan-Kerr this Act, a coastal management program ap- retary— Arkansas Navigation System. proved as described in subparagraph (A). (i) approves the plan as submitted; or (2) NON-FEDERAL LAND.—The term ‘‘non- (3) MAXIMUM ALLOCATION TO STATES.—Not- (ii) disapproves the plan as submitted. Federal land’’ means the approximately 34 withstanding paragraph (1), not more than 10 (B) DISAPPROVAL.—If the Secretary dis- acres of land situated in Rogers County, percent of the total funds distributed under approves a proposed plan or an update of a Oklahoma and owned by the Tulsa Port of this subsection may be allocated to any sin- plan submitted under subparagraph (A) or Catoosa that lie immediately south and east gle State. Any amount exceeding this limit (B) of paragraph (5), the Secretary shall pro- of the Federal land. shall be redistributed among the remaining vide notice of such disapproval to the sub- (b) LAND EXCHANGE.—Subject to subsection States according to the formula established mitting coastal State in writing, and include (c), on conveyance by the Tulsa Port of under paragraph (1). in such notice the rationale for the Sec- Catoosa to the United States of all right, (4) MAXIMUM ALLOCATION TO CERTAIN GEO- retary’s decision. title, and interest in and to the non-Federal GRAPHIC AREAS.— (C) RESUBMITTAL.—If the Secretary dis- land, the Secretary shall convey to the Tulsa (A) IN GENERAL.—Notwithstanding para- approves a plan of a coastal State under sub- Port of Catoosa, all right, title, and interest graph (1), each geographic area described in paragraph (A), the coastal State shall resub- of the United States in and to the Federal subparagraph (B) may not receive more than mit the plan to the Secretary not later than land. 1 percent of the total funds distributed under 30 days after receiving the notice of dis- (c) CONDITIONS.— this subsection. Any amount exceeding this approval under subparagraph (B). (1) DEEDS.—

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7776 CONGRESSIONAL RECORD — SENATE October 31, 2013 (A) DEED TO NON-FEDERAL LAND.—The Sec- (ii) an aggregate aboveground storage ca- NOTICES OF HEARINGS retary may only accept conveyance of the pacity greater than or equal to 20,000 gal- non-Federal land by warranty deed, as deter- lons; or COMMITTEE ON ENERGY AND NATURAL mined acceptable by the Secretary. (iii) a reportable oil discharge history; or RESOURCES (B) DEED TO FEDERAL LAND.—The Secretary (B) the owner or operator of the farm (via Mr. WYDEN. Mr. President, I would shall convey the Federal land to the Tulsa self-certification) for a farm with— like to announce for the information of Port of Catoosa by quitclaim deed and sub- (i) an aggregate aboveground storage ca- the Senate and the public that a hear- ject to any reservations, terms, and condi- pacity not more than 20,000 gallons and not ing has been scheduled before the Sen- tions that the Secretary determines nec- less than the lesser of— ate Committee on Energy and Natural essary to— (I) 6,000 gallons; or Resources. The hearing was previously (i) allow the United States to operate and (II) the adjustment described in subsection maintain the McClellan-Kerr Arkansas River (d)(2); and scheduled for Thursday, October 10, Navigation System; and (ii) no reportable oil discharge history of 2013, at 9:30 a.m., in room 366 of the (ii) protect the interests of the United oil; and Dirksen Senate Office Building; and States. (2) not require a certification of a state- will now be held on Thursday, Novem- (2) LEGAL DESCRIPTIONS.—The exact acre- ment of compliance with the rule— ber 7, 2013, at 9:30 a.m., in room 366 of age and legal descriptions of the Federal (A) subject to subsection (d), with an ag- the Dirksen Senate Office Building. land and the non-Federal land shall be deter- gregate aboveground storage capacity of not mined by surveys acceptable to the Sec- The purpose of this oversight hearing less than 2,500 gallons and not more than is to consider the Draft Regional Rec- retary. 6,000 gallons; and (3) PAYMENT OF COSTS.—The Tulsa Port of (B) no reportable oil discharge history; and ommendation regarding the Columbia Catoosa shall be responsible for all costs as- (3) not require a certification of a state- River Treaty. sociated with the land exchange authorized ment of compliance with the rule for an ag- Because of the limited time available by this section, including any costs that the gregate aboveground storage capacity of not for the hearing, witnesses may testify Secretary determines necessary and reason- more than 2,500 gallons. by invitation only. However, those able in the interest of the United States, including surveys, appraisals, real estate (c) CALCULATION OF AGGREGATE ABOVE- wishing to submit written testimony transaction fees, administrative costs, and GROUND STORAGE CAPACITY.—For purposes of for the hearing record may do so by environmental documentation. subsection (b), the aggregate aboveground sending it to the Committee on Energy (4) CASH PAYMENT.—If the appraised fair storage capacity of a farm excludes— and Natural Resources, United States market value of the Federal land, as deter- (1) all containers on separate parcels that Senate, Washington, DC 20510–6150, or mined by the Secretary, exceeds the ap- have a capacity that is 1,000 gallons or less; by e-mail to LaurenlGoldschmidt praised fair market value of the non-Federal and @energy.senate.gov. land, as determined by the Secretary, the (2) all containers holding animal feed in- For further information, please con- Tulsa Port of Catoosa shall make a cash pay- gredients approved for use in livestock feed ment to the United States reflecting the dif- by the Commissioner of Food and Drugs. tact Dan Adamson at (202) 224–2871, ference in the appraised fair market values. Cisco Minthorn at (202) 224–4756 or (d) STUDY.— (5) LIABILITY.—The Tulsa Port of Catoosa Lauren Goldschmidt at (202) 224–5488. (1) IN GENERAL.—Not later than 12 months shall hold and save the United States free of the date of enactment of this Act, the Ad- COMMITTEE ON ENERGY AND NATURAL from damages arising from activities carried ministrator, in consultation with the Sec- RESOURCES out under this section, except for damages retary of Agriculture, shall conduct a study Mr WYDEN. Mr. President, I would due to the fault or negligence of the United to determine the appropriate exemption States or a contractor of the United States. like to announce for the information of under subsection (b)(2)(A) and (b)(1)(B) to not TITLE XIII—MISCELLANEOUS the Senate and the public that a hear- more than 6,000 gallons and not less than ing has been scheduled before the Sen- SEC. 13001. APPLICABILITY OF SPILL PREVEN- 2,500 gallons, based on a significant risk of ate Committee on Energy and Natural TION, CONTROL, AND COUNTER- discharge to water. MEASURE RULE. (2) ADJUSTMENT.—Not later than 18 months Resources on Thursday, November 14, (a) DEFINITIONS.—In this title: after the date on which the study described 2013, at 9:30 a.m., in room SD–366 of the (1) ADMINISTRATOR.—The term ‘‘Adminis- in paragraph (1) is complete, the Adminis- Dirksen Senate Office Building in trator’’ means the Administrator of the En- trator, in consultation with the Secretary of Washington, DC. vironmental Protection Agency. Agriculture, shall promulgate a rule to ad- (2) FARM.—The term ‘‘farm’’ has the mean- The purpose of the hearing to con- just the exemption levels described in sub- ing given the term in section 112.2 of title 40, sider the nominations of Mr. Steven P. section (b)(2)(A) and (b)(1)(B) in accordance Code of Federal Regulations (or successor Croley to be the General Counsel of the with the study. regulations). Department of Energy, Christopher A. (3) GALLON.—The term ‘‘gallon’’ means a SEC. 13002. AMERICA THE BEAUTIFUL NATIONAL Smith to be an Assistant Secretary of United States liquid gallon. PARKS AND FEDERAL REC- Energy, Fossil Energy, and Ms. Esther (4) OIL.—The term ‘‘oil’’ has the meaning REATIONAL LANDS PASS PROGRAM. P. Kia’aina to be an Assistant Sec- given the term in section 112.2 of title 40, The Secretary may participate in the retary of the Interior, for Insular Code of Federal Regulations (or successor America the Beautiful National Parks and regulations). Areas. Federal Recreational Lands Pass program in (5) OIL DISCHARGE.—The term ‘‘oil dis- Because of the limited time available the same manner as the National Park Serv- charge’’ has the meaning given the term for the hearing, witnesses may testify ‘‘discharge’’ in section 112.2 of title 40, Code ice, the Bureau of Land Management, the by invitation only. However, those of Federal Regulations (or successor regula- United States Fish and Wildlife Service, the wishing to submit written testimony Forest Service, and the Bureau of Reclama- tions). for the hearing record should send it to tion, including the provision of free annual (6) REPORTABLE OIL DISCHARGE HISTORY.— the Committee on Energy and Natural The term ‘‘reportable oil discharge history’’ passes to active duty military personnel and has the meaning used to describe the legal dependents. Resources, United States Senate, requirement to report a discharge of oil Washington, DC 20510–6150, or by email under applicable law. f to [email protected] (7) SPILL PREVENTION, CONTROL, AND COUN- .gov. TERMEASURE RULE.—The term ‘‘Spill Preven- For further information, please con- tion, Control, and Countermeasure rule’’ NOTICES OF INTENT TO OBJECT tact Sam Fowler at (202) 224–7571 or means the regulation, including amend- TO PROCEEDING Abigail Campbell at (202) 224–4905. ments, promulgated by the Administrator under part 112 of title 40, Code of Federal I, Senator KIRSTEN GILLIBRAND, in- COMMITTEE ON ENERGY AND NATURAL Regulations (or successor regulations). tend to object to proceeding to the RESOURCES (b) CERTIFICATION.—In implementing the nomination of Jo Ann Rooney, of Mas- Mr. WYDEN. Mr. President, I would Spill Prevention, Control, and Counter- sachusetts, to be Under Secretary of like to announce for the information of measure rule with respect to any farm, the the Navy, dated October 31, 2013. the Senate and the public that a hear- Administrator shall— ing has been scheduled before Sub- (1) require certification of compliance with I, Senator BARBARA BOXER, intend to committee on Public Lands, Forests, the rule by— object to proceeding to the nomination (A) a professional engineer for a farm and Mining. The hearing will be held with— of Jo Ann Rooney, of Massachusetts, to on Wednesday, November 20, 2013, at (i) an individual tank with an aboveground be Under Secretary of the Navy, dated 3:30 p.m. in room SD–366 of the Dirksen storage capacity greater than 10,000 gallons; October 31, 2013. Senate Office Building.

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE October 31, 2013 CONGRESSIONAL RECORD — SENATE S7777 The purpose of the hearing is to re- mittee on Banking, Housing, and Committee on Intelligence be author- ceive testimony on the following bills: Urban Affairs be authorized to meet ized to meet during the session of the S. 182, to provide for the unencumbering of during the session of the Senate on Oc- Senate on October 31, 2013, at 2 p.m. title to non-Federal land owned by the city tober 31, 2013, at 10 a.m., to conduct a The PRESIDING OFFICER. Without of Anchorage, Alaska, for purposes of eco- hearing entitled ‘‘Housing Finance Re- objection, it is so ordered. nomic development by conveyance of the form: Essential Elements of a Govern- f Federal reversion interest to the City; ment Guarantee for Mortgage-Backed S. 483, to designate the Berryessa Snow EMPLOYMENT NON-DISCRIMINA- Securities.’’ Mountain National Conservation Area in the TION ACT OF 2013—MOTION TO The PRESIDING OFFICER. Without State of California, and for other purposes; PROCEED S. 771, to provide to the Secretary of the objection, it is so ordered. Interior a mechanism to cancel contracts for COMMITTEE ON FOREIGN RELATIONS Mr. REID. Mr. President, I now move the sale of materials CA–20139 and CA–22901, Mr. MARKEY. Mr. President, I ask to proceed to Calendar No. 184. and for other purposes; The PRESIDING OFFICER. The S. 776, to establish the Columbine-Hondo unanimous consent that the Com- mittee on Foreign Relations be author- clerk will report the bill by title. Wilderness in the State of New Mexico, to The legislative clerk read as follows: provide for the conveyance of certain parcels ized to meet during the session of the A bill (S. 815) to prohibit the employment of National Forest System land in the State, Senate on October 31, 2013, at 10 a.m. discrimination on the basis of sexual ori- and for other purposes; The PRESIDING OFFICER. Without entation or gender identity. S. 841, to designate certain Federal land in objection, it is so ordered. the San Juan National Forest in the State of CLOTURE MOTION COMMITTEE ON FOREIGN RELATIONS Colorado as wilderness, and for other pur- Mr. REID. Mr. President, I have a poses; Mr. MARKEY. Mr. President, I ask cloture motion at the desk. S. 1305, to provide for the conveyance of unanimous consent that the Com- The PRESIDING OFFICER. The clo- the Forest Service Lake Hill Administrative mittee on Foreign Relations be author- ture motion having been presented Site in Summit County, Colorado; ized to meet during the session of the S. 1341, to modify the Forest Service under rule XXII, the Chair directs the Senate on October 31, 2013, at 10:15 clerk to read the motion. Recreation Residence Program as the pro- a.m., to hold a hearing entitled gram applies to units of the National Forest The legislative clerk read as follows: ‘‘Syria’’. System derived from the public domain by CLOTURE MOTION The PRESIDING OFFICER. Without implementing a simple, equitable, and pre- We, the undersigned Senators, in accord- dictable procedure for determining cabin objection, it is so ordered. ance with the provisions of rule XXII of the user fees, and for other purposes; COMMITTEE ON FOREIGN RELATIONS Standing Rules of the Senate, hereby move S. 1414, to provide for the conveyance of Mr. MARKEY. Mr. President, I ask to bring to a close debate on the motion to certain Federal land in the State of Oregon unanimous consent that the Com- proceed to Calendar No. 184, S. 815, a bill to to the Confederated Tribes of Coos, Lower mittee on Foreign Relations be author- prohibit employment discrimination on the Umpqua, and Siuslaw Indians; basis of sexual orientation or gender iden- S. 1415, to provide for the conveyance of ized to meet during the session of the Senate on October 31, 2013, at 2:15 p.m. tity. certain Federal land in the State of Oregon Richard J. Durbin, Tom Harkin, Jeff to the Cow Creek Band of Umpqua Tribe of The PRESIDING OFFICER. Without Merkley, Benjamin L. Cardin, Michael Indians, and; objection, it is so ordered. F. Bennet, Barbara Mikulski, Charles S. 1479, to address the forest health, public COMMITTEE ON HEALTH, EDUCATION, LABOR, E. Schumer, Martin Heinrich, Patrick safety, and wildlife habitat threat presented AND PENSIONS J. Leahy, Robert Menendez, Barbara by the risk of wildfire, including cata- Boxer, Kirsten E. Gillibrand, Mazie K. strophic wildfire, on National Forest System Mr. MARKEY. Mr. President, I ask unanimous consent that the Com- Hirono, Tammy Baldwin, Amy Klo- land and public land managed by the Bureau buchar, Jack Reed, Harry Reid. of Land Management by requiring the Sec- mittee on Health, Education, Labor, retary of Agriculture and the Secretary of and Pensions be authorized to meet, Mr. REID. Mr. President, I ask unan- the Interior to expedite forest management during the session of the Senate, to imous consent that the mandatory projects relating to hazardous fuels reduc- conduct a hearing entitled ‘‘Attaining quorum under rule XXII be waived. tion, forest health, and economic develop- a Quality Degree: Innovations to Im- The PRESIDING OFFICER. Without ment, and for other purposes. prove Student Success’’ on October 31, objection, it is so ordered. Because of the limited time available 2013, at 10 a.m., in room SD–430 of the f for the hearing, witnesses may testify Dirksen Senate Office Building. EXECUTIVE SESSION by invitation only. However, those The PRESIDING OFFICER. Without wishing to submit written testimony objection, it is so ordered. for the hearing record should send it to COMMITTEE ON HOMELAND SECURITY AND EXECUTIVE CALENDAR the Committee on Energy and Natural GOVERNMENTAL AFFAIRS Mr. REID. Mr. President, I ask unan- Resources, United States Senate, 304 Mr. MARKEY. Mr. President, I ask imous consent that the Senate proceed Dirksen Senate Office Building, Wash- unanimous consent that the Com- to executive session to consider the fol- ington, DC, 20510–6150, or by email to mittee on Homeland Security and Gov- lowing nomination: Calendar No. 357; [email protected]. ernmental Affairs be authorized to that the nomination be confirmed; the For further information, please con- meet during the session of the Senate tact please contact Meghan Conklin motion to reconsider be considered on October 31, 2013, at 10 a.m. to con- made and laid upon the table, with no (202) 224–8046, or John Assini (202) 224– duct a hearing entitled ‘‘The Navy 9313. intervening action or debate; that no Yard Tragedy: Examining Government further motions be in order to the nom- f Clearances and Background Checks.’’ ination; that any related statements be AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without printed in the RECORD; that the Presi- MEET objection, it is so ordered. dent be immediately notified of the COMMITTEE ON THE JUDICIARY COMMITTEE ON BANKING, HOUSING, AND URBAN Senate’s action and the Senate then re- AFFAIRS Mr. MARKEY. Mr. President, I ask sume legislative session. Mr. MARKEY. Mr. President, I ask unanimous consent that the Com- The PRESIDING OFFICER. Without unanimous consent that the Com- mittee on the Judiciary be authorized objection, it is so ordered. mittee on Banking, Housing, and to meet during the session of the Sen- The nomination considered and con- Urban Affairs be authorized to meet ate on October 31, 2013, at 10 a.m. SD– firmed is as follows: during the session of the Senate on Oc- 226 of the Dirksen Senate Office Build- DEPARTMENT OF DEFENSE tober 31, 2013, at 10 a.m. ing, to conduct an executive business Marcel J. Lettre II, of Maryland, to be a The PRESIDING OFFICER. Without meeting. Principal Deputy Under Secretary of De- objection, it is so ordered. The PRESIDING OFFICER. Without fense. COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. Mr. REID. Mr. President, this is a AFFAIRS SELECT COMMITTEE ON INTELLIGENCE fine young man. He worked for me, did Mr. MARKEY. Mr. President, I ask Mr. MARKEY. Mr. President, I ask my intelligence work. He is an out- unanimous consent that the Com- unanimous consent that the Select standing person. We are so fortunate

VerDate Mar 15 2010 04:45 Nov 15, 2014 Jkt 079060 PO 00000 Frm 00089 Fmt 0637 Sfmt 0634 E:\RECORD13\RECFILES\OCT2013\S31OC3.REC S31OC3 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S7778 CONGRESSIONAL RECORD — SENATE October 31, 2013 that good people like him are in public erence given, in awarding certain asthma-re- The PRESIDING OFFICER. Without service. He speaks well of everyone who lated grants, to certain States (those allow- objection, it is so ordered. is a public servant in our country. ing trained school personnel to administer The resolution (S. Res. 282) was epinephrine and meeting other related re- agreed to. f quirements.) The preamble was agreed to. There being no objection, the Senate UNANIMOUS CONSENT AGREE- (The resolution, with its preamble, is proceeded to consider the bill. MENT—EXECUTIVE CALENDAR printed in today’s RECORD under ‘‘Sub- Mr. REID. Mr. President, I ask unan- mitted Resolutions.’’) Mr. REID. Mr. President, I ask unanimous consent the bill be read a third imous consent that on Monday, No- time, passed, the motion to reconsider vember 4, 2013, at 5 p.m., the Senate be considered made and laid on the f proceed to executive session to con- table, with no intervening action or de- sider the following nominations: Cal- bate. MAJORITY COMMITTEE MEMBER- endar Nos. 328, 329; that there be 30 The PRESIDING OFFICER. Without SHIP FOR 113TH CONGRESS minutes for debate equally divided in objection, it is so ordered. Mr. REID. Mr. President, I ask unan- the usual form; that upon the use or The bill (H.R. 2094) was ordered to a yielding back of time, the Senate pro- imous consent that the Senate proceed third reading, was read the third time, to S. Res. 283, which was submitted ceed to vote, with no intervening ac- and passed. tion or debate, on the nominations in earlier today. the order listed; that the motions to f The PRESIDING OFFICER. The reconsider be considered made and laid C.W. BILL YOUNG DEPARTMENT clerk will report the resolution by upon the table, with no intervening ac- OF VETERANS AFFAIRS MED- title. tion or debate; that no further motions ICAL CENTER The legislative clerk read as follows: be in order; that any related state- Mr. REID. I ask unanimous consent A resolution (S. Res. 283) to constitute the ments be printed in the RECORD; that the Veterans’ Affairs Committee be majority party’s membership on certain committees for the One Hundred Thirteenth the President be immediately notified discharged from further consideration of the Senate’s action and the Senate Congress, or until their successors are cho- of H.R. 3302 and the Senate proceed to sen. then resume legislative session. its immediate consideration. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without There being no objection, the Senate objection, it is so ordered. objection, it is so ordered. The clerk proceeded to consider the resolution. Mr. REID. Mr. President, I ask unan- f will report the bill by title. The legislative clerk read as follows: imous consent the resolution be agreed to, the preamble be agreed to, and the WATER RESOURCES REFORM AND A bill (H.R. 3302) to name the Department DEVELOPMENT ACT Of 2013 of Veterans Affairs medical center in Bay motions to reconsider be considered Mr. REID. Mr. President, I ask unan- Pines, Florida, as the ‘‘C.W. Bill Young De- made and laid upon the table, with no imous consent the Senate proceed to partment of Veterans Affairs Medical Cen- intervening action or debate. Calendar No. 224, H.R. 3080, that the ter.’’ The PRESIDING OFFICER. Without substitute amendment, which is at the There being no objection, the Senate objection, it is so ordered. desk, which is the text of S. 601, as proceeded to consider the bill. The resolution (S. Res. 283) was passed by the Senate, be inserted in Mr. REID. I ask unanimous consent agreed to. lieu thereof; the bill, as amended, be the bill be read three times, passed, (The resolution is printed in today’s read a third time and passed; the mo- and the motion to reconsider be laid on RECORD under ‘‘Submitted Resolu- tions to reconsider be considered made the table, with no intervening action tions.’’) and laid on the table; that the Senate or debate. insist on its amendment, request a con- The PRESIDING OFFICER. Without f ference with the House on the dis- objection, it is so ordered. The bill (H.R. 3302) was ordered to a agreeing votes of the two Houses and ORDERS FOR MONDAY, NOVEMBER third reading, was read the third time, the Chair be authorized to appoint con- 4, 2013 ferees on part of the Senate with ratio and passed. Mr. REID. Mr. President, I ask unan- of 5 to 3; all of the above without any f action or debate. imous consent that when the Senate COMMEMORATING THE TWEN- completes its business today, it ad- The PRESIDING OFFICER. Without TIETH ANNIVERSARY OF THE journ until 2 p.m. on Monday, Novem- objection, it is so ordered. CORPORATION FOR NATIONAL ber 4, 2013; that following the prayer The amendment (No. 2009) was agreed AND COMMUNITY SERVICE and pledge, the morning hour be to. deemed expired, the Journal of pro- (The amendment is printed in today’s Mr. REID. Mr. President, I ask unanimous consent that the Senate now ceedings be approved to date, and the RECORD under ‘‘Text of Amendments.’’) proceed to S. Res. 282, submitted ear- time for the two leaders be reserved The amendment was ordered to be lier today by Senator NELSON. until later in the day; that following engrossed and the bill read a third The PRESIDING OFFICER. The any leader remarks, the Senate resume time. clerk will report the resolution by consideration of the motion to proceed The bill (H.R. 3080), as amended, was title. to S. 815, the Employee Non-Discrimi- read the third time and passed. The legislative clerk read as follows: nation Act; that at 5 p.m. the Senate f A resolution (S. Res. 282) commemorating proceed to executive session to con- the 20th anniversary of the establishment of sider Calendar Nos. 328 and 329, under SCHOOL ACCESS TO EMERGENCY the Corporation for National and Commu- the previous order; finally, that fol- EPINEPHRINE ACT nity Service. lowing disposition of the Brown nomi- Mr. REID. Mr. President, I ask unan- There being no objection, the Senate nation and when the Senate resumes imous consent the Senate proceed to proceeded to consider the resolution. legislative session, there be 2 minutes Calendar No. 229. Mr. REID. Mr. President, I further of debate equally divided and con- The PRESIDING OFFICER. The ask that the resolution be agreed to, trolled in the usual form prior to the clerk will report the bill by title. the preamble be agreed to, and the mo- cloture vote on the motion to proceed The legislative clerk read as follows: tions to reconsider be considered made to S. 815. A bill (H.R. 2094) to amend the Public and laid upon the table, with no inter- The PRESIDING OFFICER. Without Health Service Act to increase the pref- vening action or debate. objection, it is so ordered.

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it adjourn under the previous order. MARCEL J. LETTRE II, OF MARYLAND, TO BE A PRIN- There being no objection, the Senate, CIPAL DEPUTY UNDER SECRETARY OF DEFENSE. at 5:08 p.m., adjourned until Monday, November 4, 2013, at 2 p.m.

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HIGHLIGHTS Senator-elect Cory Booker, of New Jersey, was administered the oath of office by the Vice President. Senate minister epinephrine and meeting other related re- Chamber Action quirements). Page S7778 Routine Proceedings, pages S7689–S7779 C.W. Bill Young Department of Veterans Af- Measures Introduced: Twelve bills and seven reso- fairs Medical Center: Committee on Veterans’ Af- lutions were introduced, as follows: S. 1627–1638, fairs was discharged from further consideration of S.J. Res. 27, and S. Res. 279–284. Pages S7728–29 H.R. 3302, to name the Department of Veterans Af- Measures Reported: fairs medical center in Bay Pines, Florida, as the S. Res. 268, condemning the September 2013 ter- ‘‘C.W. Bill Young Department of Veterans Affairs rorist attack at the Westgate Mall in Nairobi, Medical Center’’, and the bill was then passed. Kenya, and reaffirming United States support for the Page S7778 people and Government of Kenya. Corporation for National and Community Serv- S. 42, to provide anti-retaliation protections for ice 20th Anniversary: Senate agreed to S. Res. 282, antitrust whistleblowers, with an amendment in the commemorating the 20th anniversary of the estab- nature of a substitute. lishment of the Corporation for National and Com- S. 1631, to consolidate the congressional oversight munity Service. Page S7778 provisions of the Foreign Intelligence Surveillance Majority Party’s Committee Membership: Senate Act of 1978 and for other purposes. Page S7724 agreed to S. Res. 283, to constitute the majority par- Measures Passed: ty’s membership on certain committees for the One Water Resources Development Act: Senate passed Hundred Thirteenth Congress, or until their succes- H.R. 3080, to provide for improvements to the riv- sors are chosen. Page S7778 ers and harbors of the United States, to provide for Measures Considered: the conservation and development of water and re- Employment Non-Discrimination Act—Cloture: lated resources, after striking all after the enacting Senate began consideration of the motion to proceed clause and inserting in lieu thereof, Reid (for Boxer) to consideration of S. 815, to prohibit the employ- Amendment No. 2009, the text of S. 601, Senate ment discrimination on the basis of sexual orienta- companion measure, after taking action on the fol- tion or gender identity. Page S7777 lowing amendment proposed thereto: Page S7778 A motion was entered to close further debate on Adopted: the motion to proceed to consideration of the bill, Reid (for Boxer) Amendment No. 2009, in the and, in accordance with the provisions of Rule XXII nature of a substitute. Page S7778 of the Standing Rules of the Senate, and pursuant to Senate insisted on its amendment, requested a the unanimous-consent agreement of Thursday, Oc- conference with the House thereon, and the Chair be tober 31, 2013, a vote on cloture will occur fol- authorized to appoint conferees on the part of the lowing disposition of the nomination of Debra M. Senate with a ratio of 5 to 3. Page S7778 Brown, of Mississippi, to be United States District School Access to Emergency Epinephrine Act: Judge for the Northern District of Mississippi, at ap- Senate passed H.R. 2094, to amend the Public proximately 5:30 p.m. on Monday, November 4, Health Service Act to increase the preference given, 2013. Page S7777 in awarding certain asthma-related grants, to certain Swearing in of Senator Booker: The Chair laid be- States (those allowing trained school personnel to ad- fore the Senate the certificate of election of Senator- D1040

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elect Cory Booker, of the State of New Jersey, and Executive Communications: Pages S7720–24 the oath of office was then administered as required Executive Reports of Committees: Pages S7724–28 by the U.S. Constitution and prescribed by law. Page S7706 Additional Cosponsors: Pages S7729–30 Watt Nomination: Senate resumed consideration of Statements on Introduced Bills/Resolutions: the nomination of Melvin L. Watt, of North Caro- Pages S7730–34 lina, to be Director of the Federal Housing Finance Additional Statements: Pages S7719–20 Agency. Pages S7692–S7706 Amendments Submitted: Page S7734 During consideration of this nomination today, Senate also took the following action: Notices of Intent: Page S7776 By 56 yeas to 42 nays (Vote No. 226), three-fifths Notices of Hearings/Meetings: Pages S7776–77 of those Senators duly chosen and sworn, not having Authorities for Committees to Meet: Page S7777 voted in the affirmative, Senate rejected the motion to close further debate on the nomination. Record Votes: Two record votes were taken today. Page S7706 (Total—227) Pages S7706, S7708 Subsequently, Senator Reid entered a motion to Adjournment: Senate convened at 10 a.m. and ad- reconsider the vote by which cloture was not in- journed at 5:11 p.m., until 2 p.m. on Monday, No- voked on the nomination. Page S7706 vember 4, 2013. (For Senate’s program, see the re- Millett Nomination: Senate resumed consideration marks of the Majority Leader in today’s Record on of the nomination of Patricia Ann Millett, of Vir- page S7779.) ginia, to be United States Circuit Judge for the Dis- trict of Columbia Circuit. Page S7706 Committee Meetings During consideration of this nomination today, Senate also took the following action: (Committees not listed did not meet) By 55 yeas to 38 nays, 3 responding present (Vote No. 227), three-fifths of those Senators duly chosen BUSINESS MEETING and sworn, not having voted in the affirmative, Sen- Committee on Armed Services: Committee ordered favor- ate rejected the motion to close further debate on ably reported the nominations of Jamie Michael the nomination. Page S7708 Morin, of Michigan, to be Director of Cost Assess- Subsequently, Senator Reid entered a motion to ment and Program Evaluation, Michael D. Lumpkin, reconsider the vote by which cloture was not in- of California, to be Assistant Secretary for Special voked on the nomination. Page S7708 Operations and Low Intensity Conflict, and Jo Ann Woods and Brown Nominations—Agreement: A Rooney, of Massachusetts, to be Under Secretary of unanimous-consent-time agreement was reached pro- the Navy, all of the Department of Defense, Ken- viding that at 5:00 p.m., on Monday, November 4, neth L. Mossman, of Arizona, to be a Member of the 2013, Senate begin consideration of the nominations Defense Nuclear Facilities Safety Board, and 394 of Gregory Howard Woods, of New York, to be nominations in the Army, Navy, and Air Force. United States District Judge for the Southern Dis- BUSINESS MEETING trict of New York, and Debra M. Brown, of Mis- sissippi, to be United States District Judge for the Committee on Banking, Housing, and Urban Affairs: Northern District of Mississippi; that there be 30 Committee ordered favorably reported the nomina- minutes for debate, equally divided in the usual tions of Wanda Felton, of New York, to be First form; that upon the use or yielding back of time, Vice President of the Export-Import Bank of the Senate vote, without intervening action or debate, on United States, and Katherine M. O’Regan, of New confirmation of the nominations, in the order listed; York, to be Assistant Secretary of Housing and Urban Development. and that no further motions be in order. Page S7778 Nomination Confirmed: Senate confirmed the fol- HOUSING FINANCE REFORM lowing nomination: Committee on Banking, Housing, and Urban Affairs: Marcel J. Lettre II, of Maryland, to be a Principal Committee concluded a hearing to examine housing Deputy Under Secretary of Defense. finance reform, focusing on a government guarantee Pages S7777–78, S7779 for mortgage-backed securities, including S. 1217, to Messages from the House: Page S7720 provide secondary mortgage market reform, after receiving testimony from Joseph Tracy, Executive Vice Measures Referred: Page S7720 President and Special Advisor, Federal Reserve Bank Measures Placed on the Calendar: Page S7720 of New York, New Canaan, Connecticut; Phillip L.

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Rhode Island, to be Ambassador to the Republic of Peru, and Carlos Roberto Moreno, of California, to BUSINESS MEETING be Ambassador to Belize, all of the Department of Committee on Foreign Relations: Committee ordered fa- State. vorably reported the following business items: S. Res. 268, condemning the September 2013 ter- SYRIA rorist attack at the Westgate Mall in Nairobi, Committee on Foreign Relations: Committee concluded Kenya, and reaffirming United States support for the a hearing to examine Syria, after receiving testimony people and Government of Kenya; from Robert S. Ford, Ambassador to Syria, and S. Res. 277, recognizing the religious and histor- Thomas M. Countryman, Assistant Secretary for ical significance of the festival of Diwali; and International Security and Nonproliferation, both of The nominations of Gregory B. Starr, of Virginia, the Department of State; Nancy Lindborg, Assistant to be Assistant Secretary for Diplomatic Security, Administrator for the Bureau for Democracy, Con- Mark Bradley Childress, of Virginia, to be Ambas- flict, and Humanitarian Assistance, U.S. Agency for sador to the United Republic of Tanzania, Thomas International Development; and Frederic C. Hof, At- Frederick Daughton, of Arizona, to be Ambassador lantic Council Rafik Hariri Center for the Middle to the Republic of Namibia, Matthew T. Har- East, and Leslie H. Gelb, Council on Foreign Rela- rington, of Virginia, to be Ambassador to the King- tions, both of Washington, D.C. dom of Lesotho, Eunice S. Reddick, of the District of Columbia, to be Ambassador to the Republic of NOMINATIONS Niger, John Hoover, of Massachusetts, to be Ambas- Committee on Foreign Relations: Committee concluded sador to the Republic of Sierra Leone, Michael Ste- a hearing to examine the nominations of Daniel W. phen Hoza, of Washington, to be Ambassador to the Yohannes, of Colorado, to be Representative of the Republic of Cameroon, Tomasz P. Malinowski, of United States of America to the Organization for the District of Columbia, to be Assistant Secretary Economic Cooperation and Development, with the for Democracy, Human Rights, and Labor, Crystal rank of Ambassador, who was introduced by Senator Nix-Hines, of California, for the rank of Ambassador Bennet, and Anthony Luzzatto Gardner, of New during her tenure of service as the United States York, to be Representative of the United States of Permanent Representative to the United Nations America to the European Union, with the rank and Educational, Scientific, and Cultural Organization, status of Ambassador, both of the Department of Pamela K. Hamamoto, of Hawaii, to be Representa- State, after the nominees testified and answered tive to the Office of the United Nations and Other questions in their own behalf. International Organizations in Geneva, with the rank of Ambassador, Philip S. Goldberg, of the District NAVY YARD TRAGEDY of Columbia, to be Ambassador to the Republic of Committee on Homeland Security and Governmental Af- the Philippines, Robert O. Blake, Jr., of Maryland, fairs: Committee concluded a hearing to examine to be Ambassador to the Republic of Indonesia, government clearances and background checks, and Karen Clark Stanton, of Michigan, to be Ambassador the extent that executive branch agencies have to the Democratic Republic of Timor-Leste, Timothy metrics to help determine the quality of the security M. Broas, of Maryland, to be Ambassador to the clearance process, focusing on the Navy Yard trag- Kingdom of the Netherlands, Donald Lu, of Cali- edy, after receiving testimony from Joseph G. Jor- fornia, to be Ambassador to the Republic of Albania, dan, Administrator for Federal Procurement Policy, Robert A. Sherman, of Massachusetts, to be Ambas- Office of Management and Budget; Elaine Kaplan, sador to the Portuguese Republic, Anne W. Patter- Acting Director, Office of Personnel Management; son, of Virginia, to be Assistant Secretary for Near Brian A. Prioletti, Assistant Director, Special Secu- Eastern Affairs, Adam M. Scheinman, of Virginia, to rity Directorate, National Counterintelligence Execu- be Special Representative of the President for Nu- tive, Office of the Director of National Intelligence; clear Nonproliferation, with the rank of Ambassador, Stephen Lewis, Deputy Director for Personnel, In- Rose Eilene Gottemoeller, of Virginia, to be Under dustrial and Physical Security Policy, Directorate of Secretary for Arms Control and International Secu- Security Policy and Oversight, Office of Under Sec- rity, Frank A. Rose, of Massachusetts, to be Assist- retary of Defense for Intelligence; and Brenda S.

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VerDate Mar 15 2010 04:34 Nov 01, 2013 Jkt 039060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D31OC3.REC D31OCPT1 jbell on DSK7SPTVN1PROD with DIGEST D1044 CONGRESSIONAL RECORD — DAILY DIGEST October 31, 2013

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, November 4 2 p.m., Tuesday, November 12

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Tuesday: The House is scheduled to meet of the motion to proceed to consideration of S. 815, Em- at 2 p.m. on Tuesday, November 12, 2013 pursuant to ployment Non-Discrimination Act. the provisions of H. Con. Res. 62. At 5 p.m., Senate will begin consideration of the nominations of Gregory Howard Woods, of New York, to be United States District Judge for the Southern Dis- trict of New York, and Debra M. Brown, of Mississippi, to be United States District Judge for the Northern Dis- trict of Mississippi, and vote on confirmation of the nominations at approximately 5:30 p.m. Following disposition of the nomination of Debra M. Brown, Senate will vote on the motion to invoke cloture on the motion to proceed to consideration of S. 815, Em- ployment Non-Discrimination Act.

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