Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, SECOND SESSION

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

Vol. 162 WASHINGTON, WEDNESDAY, MAY 25, 2016 No. 83 House of Representatives The House met at 10 a.m. and was immigration executive actions is being says, Though you have made no mis- called to order by the Speaker pro tem- deliberated by the Supreme Court, or- take and have zero—I want to repeat— pore (Mr. ROTHFUS). dered the punishment of every single zero—responsibility for the con- f lawyer in the Justice Department in 26 troversy, you, the applicant, before the States. His claim is that some DOJ American government, could have your DESIGNATION OF SPEAKER PRO lawyers misrepresented to him whether name and address published for every TEMPORE they were complying with his injunc- two-bit vigilante and Twitter troll to The SPEAKER pro tempore laid be- tion suspending the immigration exec- read. fore the House the following commu- utive actions announced by President I thought Republicans were the ones nication from the Speaker: Obama in November of 2014. who didn’t like activist judges. I WASHINGTON, DC After his injunction, they were only thought they wanted as little govern- May 25, 2016. supposed to issue 2-year work permits ment as possible and to leave the legis- I hereby appoint the Honorable KEITH J. under the old rules to immigrants who lating and, I suppose, the intimidating ROTHFUS to act as Speaker pro tempore on applied for and received, after an ex- to the politicians here in Washington, this day. tensive criminal background check, D.C. PAUL D. RYAN, the ability to be treated as the lowest So when the Republicans up the ante Speaker of the House of Representatives. priority for deportation. But the reme- in one area, they have to up the ante in f dial ethics classes are for every single another. Nowhere is this crass political MORNING-HOUR DEBATE Department of Justice lawyer in 26 opportunism more apparent than right States. here. The SPEAKER pro tempore. Pursu- You say you weren’t in any way asso- This morning we are having a little ant to the order of the House of Janu- ciated with the case before the judge? hearing in the Judiciary Committee ary 5, 2016, the Chair will now recog- Too bad. aimed at—get this—shutting down nize Members from lists submitted by Never practiced law that is remotely legal immigration as much as possible. the majority and minority leaders for related to immigrants or immigration? Your son’s fiancee, your mom’s doctor, morning-hour debate. Sorry, the judge is ordering your your neighbor’s nanny, your grocery The Chair will alternate recognition punishment. store’s janitorial crew, if they are com- between the parties, with each party Never been to the State of Texas in ing legally to the United States, Re- limited to 1 hour and each Member your life? publicans want to stop it, slow it down, other than the majority and minority Tough cookies, the Texas judge and make it cost a lot more. leaders and the minority whip limited knows best, and is ordering you around The party obsessed with illegal im- to 5 minutes, but in no event shall de- as if you had argued cases yourself be- migration now has legal immigration bate continue beyond 11:50 a.m. fore his court. firmly in its sight. And if you are from f Overreach much? certain countries or are of a certain re- The newspaper La Opinion called ligion, you must have a special secu- ASSAULT ON LEGAL IMMIGRATION Judge Hanen’s plan ‘‘onerous and ab- rity review. The SPEAKER pro tempore. The surd.’’ I think that is an understate- I thought the campaign promise to Chair recognizes the gentleman from ment. bar Muslims from traveling here to the Illinois (Mr. GUTIE´ RREZ) for 5 minutes. Judge Hanen is also using some good USA was a campaign promise that Mr. GUTIE´ RREZ. Mr. Speaker, as it old-fashioned scare tactics to see if he would never be realized unless your turns out, deporting 11 million undocu- can compete with Sheriff Joe Arpaio leader actually won the campaign. mented immigrants and banning Mus- and the GOP Presidential nominee for Don’t get me wrong. If I thought Re- lims from entering the country might the title of who is so shamelessly anti- publicans were proposing a process to not be the most radical anti-immigra- immigrant. Judge Hanen has called for make things more secure and give the tion ideas that the Republicans have the Department of Justice to turn over U.S. a better immigration system, I come up with. There seems to be a sin- the names of 100,000 people who were would support it. And I think we could ister, anti-immigration arms race possibly granted the 3-year, not the 2- pass something that was on a bipar- breaking out in the Party of Trump. year, work permits. tisan basis in Congress today. Last week, a Federal judge—Judge So if you come forward, pay hundreds But come on, guys. Do you really be- Andrew Hanen of Texas, pictured of dollars, submit your paperwork and lieve that the House of Representatives here—the same one whose judgment on fingerprints, then 2 years later a judge is trying to craft a sensible bill related

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

H3099

VerDate Sep 11 2014 01:41 May 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.000 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3100 CONGRESSIONAL RECORD — HOUSE May 25, 2016 to immigration in an election year? Do Raymond is a native of Erie and The river looked very different. It you think the American people are graduated with a degree in accounting was faster-moving and steeper. It pro- that gullible? from Gannon University. He is also a duced salmon in such abundance that No. The Party of Trump has launched veteran and completed a tour of duty it was rumored you could walk across an all-out radical assault on legal im- with the United States Army before their backs as they swam upstream to migration, and hopes everyone is so earning a master’s degree in health spawn. And it provided food, trade, and scared of the ‘‘rapey’’ Mexicans, the service administration from Tulane a cultural identity for Native Amer- sex-crazed Italians, and the Viet- University in New Orleans in 1973. ican tribes for years. These tribes—now namese immigrants with Ebola on the After graduation, Raymond entered known as the Nez Perce, Umatilla, one hand and ‘‘ziki flies’’ on the other. the field of health care and did not Warm Springs, and Yakama Nation— Lock down the whole system, they say. look back. He worked at hospitals in were never fully compensated for the Lady Liberty, lower your lamp, cover Alabama, Louisiana, and Texas before disruption to their native ways of life, up your poem, and take a seat because returning to Pennsylvania in 1979 to despite promises to the contrary. terrorists got in once, which is enough become president of the Corry Memo- We have found that the Army Corps reason to keep everyone out of Amer- rial Hospital in Corry, Pennsylvania, of Engineers now understands that it ica—from the computer programmer to also located in Pennsylvania’s Fifth has the authority to begin the process the ski instructor, to the refugee flee- Congressional District. of building another housing village at ing systematic violence. Ray came to DuBois in 1990 as presi- The Dalles Dam. It is important that If you ask me, maybe it is not the dent of the DuBois Regional Medical we encourage and support this work, hundreds of Justice Department law- Center. He is credited as being part of and continue to expand it through conyers who have nothing to do with a group which started the Free Medical gressional action. It is the least we can Judge Hanen’s courtroom who need on- Clinic of DuBois in 1998, and has served do to keep faith with Native Ameri- erous remedial ethics training classes; on a number of statewide boards, in- cans, who have had their lives dramati- maybe it is Judge Hanen’s allies here cluding the Hospital Council of West- cally disrupted with that construction. in the House and throughout the Re- ern Pennsylvania, The Hospital & Second, the report also continues an publican Party who could use a manda- Healthsystem Association of Pennsyl- unfortunate rider, which blocks the tory lesson on right and wrong. vania, and the Pennsylvania chapter of Army Corps of Engineers from modern- f the VHA. In 1998, he was named the izing how it develops water resource CONGRESSIONAL YOUTH SHADOW Distinguished Citizen of the Year in projects. This has been an interest of DAY DuBois. mine since I first started serving on In 2011, he was instrumental in the the Water Resources Subcommittee 20 The SPEAKER pro tempore. The creation of Penn Highlands Healthcare, years ago in Congress. Chair recognizes the gentleman from bringing together hospitals across the The Corps operates on an antiquated Pennsylvania (Mr. THOMPSON) for 5 methodology that are known as 1983 minutes. DuBois region, including the DuBois Mr. THOMPSON of Pennsylvania. Regional Medical Center, Clearfield principles and guidelines for water in- Mr. Speaker, I rise today to welcome Hospital, Brookville Hospital, and frastructure projects. It directs the Donald Robinson to Capitol Hill as part later, the Elk Regional Medical Center. Corps to focus on maximizing national of the Congressional Foster Youth The system covers eight counties, em- economic development benefits when Shadow Program. ploys more than 3,600 people, including planning projects, not looking com- This program is a part of Foster Care 360 physicians. prehensively at the benefits and the Month across the Nation. This recogni- Raymond Graeca’s retirement caps a problems attained for everybody. It se- tion was created more than 25 years more than 40-year career in healthcare verely limits the Corps’ ability to se- ago to bring the issue of foster care to services and hospital administration. I lect projects which minimize environ- the forefront, highlighting the impor- congratulate him on all of his hard mental impacts, or contribute to the tance of permanency for every child. work, and wish him the best of luck in national interest in ways other than a Having a brother who joined my family retirement. narrowly defined economic develop- through foster care 46 years ago, foster f ment. I worked for years with the Corps care is important to me. ENERGY AND WATER As for Donald, he entered foster care back when General Flowers was in in Pennsylvania at the age of 14, expe- The SPEAKER pro tempore. The charge, and there was great interest on riencing six placements. Despite at- Chair recognizes the gentleman from the part of the Corps to be able to up- tending multiple schools, he was able Oregon (Mr. BLUMENAUER) for 5 min- date the ways that they operate to in- to complete his education and enroll in utes. corporate modern science, engineering, college after aging out of foster care. Mr. BLUMENAUER. Mr. Speaker, and environmental awareness. Those I am proud to say that Donald re- the House is considering this week the principles and guidelines were drafted cently graduated with his master’s de- appropriations for energy and water. back in the Carter administration. gree in exercise science from the Uni- These are important decisions, vital 398 months have elapsed since they versity of Texas. He plans to create an programs that seriously touch all of us were enacted into law. In that period of international sport performance train- across the country, and have important time, a lot has happened with food, ing and consultancy business, and decisions on resource allocation. fashion, technology, and science. It is would eventually like to open a charter There were two elements in the ac- time for the Army Corps of Engineers school. companying report that I would like to to be able to base its planning and ac- Mr. Speaker, I am so happy to see highlight for a moment. First is that I tivities on the best science and the best someone with Donald’s background am pleased that the committee has in- engineering, for the needs that we have working to give back to our Nation’s cluded language encouraging the Army today. children. I look forward to spending Corps of Engineers to continue efforts I sincerely hope that we can come to- time with him today and to learn more to construct new tribal housing at The gether and recognize that it is a need about his story. Dalles Dam on the Columbia River be- to finally remove that rider. It was RECOGNIZING THE RETIREMENT OF RAYMOND tween Oregon and Washington. frustrating for me, having worked for GRAECA The Columbia River is the cultural years, to finally achieve authorization Mr. THOMPSON of Pennsylvania. artery that ties together the North- in 2007 for the principles and guidelines Mr. Speaker, I rise today to salute west. It is an engine for agriculture to be updated. Yet, the Corps, having Raymond Graeca, who will retire next and for industry. But long before we done that job, cannot use the updated month as CEO of Penn Highlands started changing that river into a ma- principles and guidelines because of Healthcare, which includes several hos- chine with the construction of dams in shortsighted action on the part of Con- pitals in Pennsylvania’s Fifth Congres- the 1930s, the artery was the core of the gress. sional District, including in DuBois, civilization for thousands of years for I strongly urge that my friends and Brookville, Clearfield, and St. Marys. Native Americans. colleagues in Congress take a look at

VerDate Sep 11 2014 01:41 May 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.002 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3101 this restrictive language. Think about college, he moved to west Texas and One: The select panel is a waste of the opportunities available to us to enrolled in a small Christian college taxpayer money. allow the Corps of Engineers to do its named Abilene Christian College. Republicans are wasting taxpayer job right based on the latest informa- He and his wife and two small chil- dollars in their chasing of inflam- tion available to us. This does not dren lived in an old, converted Army matory allegations of anti-abortion ex- speak well of the ability of Congress to barracks with other such families. He tremists. prepare for the future. It makes the job supported us by working nights at the Three Republican-led House commit- of the Army Corps of Engineers much KRBC radio station and by climbing tees, 12 States, and one grand jury have harder, and it makes it less likely that telephone poles for Ma Bell, which was already investigated charges that we are going to give people the benefit later called Southwestern Bell. Planned Parenthood was selling fetal that they need from the various things He finished college, became an engi- tissue for a profit. None found any evi- that the Corps constructs and plans. neer, and worked 40-plus years for dence of wrongdoing. f Southwestern Bell Telephone Company Two: The select panel is an attack on in Houston, Texas. He turned down a women’s rights. b 1015 promotion and a transfer to New York Republicans are using the panel as TSGT VIRGIL POE, UNITED City because it was not Texas and he part of their campaign to deny women STATES ARMY: CHARTER MEM- didn’t want to raise his family in New access to legal reproductive health BER OF THE GREATEST GENERA- York. services, including abortions—the TION Dad instilled in my sister and me the panel comes at a time when Repub- values of being a neighbor to every- licans have voted repeatedly to defund The SPEAKER pro tempore. The body, of loving the USA, of loving our Planned Parenthood, which provides Chair recognizes the gentleman from heritage, and of always doing the right health services to over 3 million Amer- Texas (Mr. POE) for 5 minutes. thing to all people. ican women and men each year—to Mr. POE of Texas. Mr. Speaker, born He still gets mad at the media. He eliminate family planning services, and in the 1920s, he grew up in the Depres- flies Old Glory on holidays. He goes to to restrict access to abortion. sion of the 1930s, poor, like more most church on Sunday, and he takes Mom Three: The select panel is harming rural American children. Fresh vegeta- out to eat on Friday nights. He stands scientific research. bles were grown in the family garden in the front yard and talks to his Republicans are using the panel to behind the small frame house. His neighbors, and he can still fix any- intimidate scientists into stopping mother made sandwiches for school out thing. legal fetal tissue research on treatment of homemade bread. Store-bought He can still mow his own grass even for cures for diseases and conditions bread was for the rich. though he is 90 years of age. He has a that afflict millions of Americans, in- He grew up belonging to the Boy strong opinion on politics and world cluding multiple sclerosis, Alzheimer’s, Scouts, playing the trumpet in the events. He gives plenty of advice to ev- diabetes, and spinal cord injuries. high school band, and he went to erybody, including a lot of advice to Some medical research outfits have al- church on almost all Sundays. In 1944, me. He has two computers in his home ready been canceled. this 18-year-old country boy, who had office. He sends emails to hundreds of Four: The select panel is just par- never been more than 50 miles from his buddies all over the world. tisan politics. home, quickly found himself going Dad and Mom still live in Houston, Republicans are conducting an un- through basic training at the United Texas, where I grew up. fair, one-sided, and partisan campaign. States Army at Camp Wolters in Camp So today, Mr. Speaker, as we ap- They refuse to put indicted video Wolters, Texas. proach Memorial Day and honor the maker David Daleiden under oath, who After that, he rode a train with hun- fallen warriors of all wars, we also made those highly edited tapes against dreds of other young teenagers—Amer- honor all who fought in the great Planned Parenthood, while issuing sub- ican males—to New York City for the World War II and who got to come poenas and demanding sworn testi- ocean trip on a cramped Liberty ship home. We honor my dad, but also other mony from law-abiding researchers and to fight in the great World War II. American warriors. doctors. While crossing the Atlantic, he wit- My dad was one of those individuals Republicans have suppressed facts nessed another Liberty ship next to his of the Greatest Generation. He is the that contradict their preferred partisan that was sunk by a German U-boat. best man I ever met, and he certainly narratives. For example, they refused As a soldier in the Seventh Army, he is a charter member of the Greatest to hear directly from tissue procure- went from France to survive the Battle Generation. So I hope I turn out like ment companies while they publicly of the Bulge and through the cities of him, Tech Sergeant Virgil Poe, United accused them of misconduct based on Aachen, Stuttgart, Cologne, and Bonn. States Army, good man, good father. misleading and inaccurate staff-cre- As a teenager, he saw the brutal con- That is enough for one life. ated exhibits that lacked any sourcing centration camps of the Nazis and saw And that is just the way it is. or foundational information. the victims. He saw incredible numbers f Five: The select panel is a McCarthy- of other teenage Americans buried in like witch hunt: graves throughout Europe. A solemn TOP TEN ABUSES OF THE ‘‘SE- Mirroring the bullying behavior of monument to those soldiers is at Nor- LECT INVESTIGATIVE PANEL’’ Senator Joe McCarthy, Republicans mandy. REPUBLICANS are demanding that universities and After Germany surrendered, he was The SPEAKER pro tempore. The clinics name names of their research- ordered back to Fort Hood, Texas. He Chair recognizes the gentlewoman from ers, graduate students, lab technicians, was being reequipped for the invasion Illinois (Ms. SCHAKOWSKY) for 5 min- clinic personnel, and doctors. When of Japan. Then Japan surrendered. It utes. Democrat JERRY NADLER asked Chair was there he met Mom at a Wednesday Ms. SCHAKOWSKY. Mr. Speaker, BLACKBURN to explain why she needs to night prayer meeting service. My mom yesterday 181 Democrats wrote to amass this database of names, she re- was a Red Cross volunteer in WWII. Speaker RYAN to ask the Republican sponded: No, sir. I am not going to do Until a few years ago, this GI—my Select Panel to Attack Women’s that. dad—would never talk about World Health—that is what we call it—to be Six: The select panel threatens inno- War II. He still won’t say much, but he shut down. cent lives. does say frequently that the heroes are From the outset, this investigation Republicans are putting researchers the ones who are buried today in Eu- has been a political weapon to punish and doctors at risk by publicly naming rope. women, doctors, and scientific re- them as targets of their investigation After the war was over, he opened a searchers, not an objective, fair-mind- and creating a database of names. DX service station, where he pumped ed, or fact-based search for the truth. On May 11, Republicans issued a gas, sold tires, fixed cars, and began a Here are the top 10 reasons to shut press release that publicly named a family. Deciding he wanted to go to down this partisan panel immediately: physician who had already been the

VerDate Sep 11 2014 01:41 May 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.004 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3102 CONGRESSIONAL RECORD — HOUSE May 25, 2016 target and the subject of violence by Minnesota. I will miss working with Thank you, Alice, for the time you anti-abortion extremists. That physi- you, but we wish you the best of luck have spent in working tirelessly on be- cian was never contacted to volun- in your next endeavor. half of Minnesotans and in working to tarily provide information before he re- THANK YOU, SENATOR PEDERSON end the gridlock in politics. It is great- ceived a subpoena. Mr. EMMER of Minnesota. Mr. ly appreciated. Seven: The select panel is dangerous. Speaker, I rise to thank Senator John THANK YOU, REPRESENTATIVE SANDERS Republicans are refusing to protect Pederson for his dedicated service to Mr. EMMER of Minnesota. Mr. confidentiality despite known risks the St. Cloud area residents over the Speaker, I rise to thank my friend, and tragedies, such as the murders of past 6 years. Representative Tim Sanders, for the three people at the Colorado Springs John Pederson was born and raised in incredible work that he has done while Planned Parenthood women’s health Minnesota’s Sixth Congressional Dis- serving in the Minnesota House of Rep- clinic. That murderer echoed the words trict and first served on the St. Cloud resentatives. of our Republican chairman of the se- City Council in 2007. After 4 years on Representative Sanders has served in lect committee. the City Council, John ran and won his the legislature for four terms, during The killer used words like ‘‘no more seat in the Minnesota State Senate. which he has held various leadership baby body parts.’’ Even after they Throughout his time in the Min- positions. In the 2014 election, he was promised to protect confidentiality, nesota legislature, Senator Pederson nominated to the position of assistant the committee said: We will not assure has shown his expertise in a variety of majority leader and has also served as that witnesses’ names or any of the areas, but none more than in transpor- chair of the Government Operations other names used in the deposition will tation. Like me, Senator Pederson un- and Elections Committee. remain private. derstands that an intense focus on I got to know Tim personally during Eight: The select panel is an abuse of transportation in Minnesota’s Sixth is my own time in the State legislature power. crucial to relieving congestion, im- and have an enormous amount of re- Republicans are abusing congres- proving safety, increasing mobility, spect for him. He has been a successful sional subpoena power. The over- and fostering economic development in and passionate legislator, proven by whelming majority of their unilateral our State. the fact that a substantial number of subpoenas—30 of 36—have been sent John, thank you for your time in his bills have actually been signed into without any effort to obtain voluntary serving the people of our great State. law. compliance. THANK YOU, SENATOR ORTMAN Thank you, Tim, for your service to We should provide physicians, med- Mr. EMMER of Minnesota. Mr. our community and to our State. I ical researchers, and others with an op- Speaker, I rise to thank Senator know that you will continue to accom- portunity for them to provide informa- Julianne Ortman for her years of dedi- plish great things. I wish you nothing tion voluntarily. A subpoena should cated service in the Minnesota Senate. but happiness as you spend more time not be the first contact they have with Following her time in practicing law with Farrah and the kids. Congress. and as a county commissioner, f Nine: The select panel excludes Julianne Ortman was first elected to Democrats. the Minnesota Senate in 2002. Her tal- b 1030 Republicans have consistently re- ent quickly became apparent as she TAMMY LAMBERT’S STORY fused to work with Democratic panel rose to various leadership positions. The SPEAKER pro tempore. The members. They have refused to discuss Senator Ortman served as an assist- or to even give Democrats copies of Chair recognizes the gentleman from ant minority leader during the 2007– West Virginia (Mr. JENKINS) for 5 min- their unilateral subpoenas until after 2008 legislative session. During the they have been served, which is in vio- utes. 2011–2012 session, she served as deputy Mr. JENKINS of West Virginia. Mr. lation of the House. majority leader and as chairwoman of Ten: The select panel bullies wit- Speaker, West Virginians are strug- the Senate Tax Committee. gling right now. Our State’s unemploy- nesses they don’t like. Of the many issues Senator Ortman It is time, Mr. Speaker, to end this ment rate is one of the highest in the championed, taxes, transportation, ju- panel right now. Nation. Our coal mines are closing, and diciary, and public safety were among f so are our schools and mom-and-pop her highest priorities. During her time businesses throughout our State. THANK YOU, SENATOR BROWN as chairwoman of the Senate Tax Com- There is a lot of uncertainty. Fami- The SPEAKER pro tempore. The mittee, the State government had a $5 lies are wondering how they will make Chair recognizes the gentleman from billion deficit, which it eventually ends meet without our coal jobs. Minnesota (Mr. EMMER) for 5 minutes. managed to eliminate without raising Tammy Lambert is from Raleigh Mr. EMMER of Minnesota. Mr. taxes on hardworking Minnesotans, County, and her family is one of those Speaker, I rise to thank Senator Dave evidence of Senator Ortman’s strong who are worried about her family’s fu- Brown for serving in the Minnesota leadership. ture. Her son-in-law is considering State Senate. Thank you, Julianne, for your serv- moving out of the State just to find Senator Brown represents an area lo- ice and for all that you have done for work; her daughter doesn’t know if she cated in Minnesota’s Sixth District, Minnesota. Thank you for your leader- will have the money to finish college; and I have enjoyed working with him ship. and her husband’s mine has gone on a variety of issues that are impor- THANK YOU, SENATOR JOHNSON through periods of being idled. She is a tant to our constituents. Mr. EMMER of Minnesota. Mr. West Virginia coal voice. Here is what Senator Brown has worked on policy Speaker, I rise to thank Senator Alice she said: solutions in the fields related to com- Johnson for her dedication and service ‘‘My daughter has worked hard to get merce, education, and finance. How- to the people of Minnesota. this far and was just beginning to see ever, his main area of expertise has Alice Johnson began her career as a the light at the end of the tunnel. Now, been in promoting Minnesota energy. public servant in the Minnesota House she may not be able to ever get that Our district is home to the Sherco of Representatives in 1986. She served degree. coal-fired power plant, which is respon- for 14 years before taking a brief break ‘‘It is a shame when young people sible for hundreds of jobs as well as the from the Minnesota legislature. who try can’t get ahead. It is even sad- abundance of energy it provides. Dur- Alice again ran for office in 2012 and der when a man who has worked as a ing a time when Sherco’s future was has served in the Minnesota Senate for coal miner for 36 years can’t feel secure unclear and unstable, Senator Brown the past 4 years, where she has served in his job.’’ was a voice of reason that helped many as vice chair for both the Education Fi- What our families need is not just to keep the plant open, allowing many nance and Policy Committees. After an hope; they need jobs that give them a Minnesotans to keep their jobs. incredible 18 years in public service, good paycheck. Thank you, Dave, for the work you Senator JOHNSON deserves her well- We can make that happen in several have done for our community and for earned retirement. ways. We can diversify our State’s

VerDate Sep 11 2014 01:41 May 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.006 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3103 economy to attract new employers. We I pledge allegiance to the Flag of the our State has the unfortunate distinc- can expand retraining programs to help United States of America, and to the Repub- tion of being a principal point of entry prepare the workforce. But most of all, lic for which it stands, one nation under God, for many invasive species. we can get Washington off the backs of indivisible, with liberty and justice for all. Today I am introducing two pieces of our miners. f bipartisan legislation to help combat Let West Virginia miners get back to WELCOMING REVEREND JOSHUA and raise awareness about the threat work, put food on their tables, and BECKLEY that invasive species pose to our eco- mine the coal that has powered our Na- systems. Nationwide, an estimated tion. The SPEAKER pro tempore. Without 50,000 nonnative invasive animal and objection, the gentleman from Cali- plant species have been introduced, re- f fornia (Mr. AGUILAR) is recognized for 1 sulting in more than $100 billion in eco- RECESS minute. nomic losses annually. There was no objection. The SPEAKER pro tempore. Pursu- Every State and U.S. territory has at Mr. AGUILAR. Mr. Speaker, I rise to ant to clause 12(a) of rule I, the Chair least some form of invasive species. honor Pastor Joshua Beckley of the declares the House in recess until noon Therefore, I hope my colleagues will Ecclesia Christian Fellowship in San today. cosponsor these vital bills so we may Bernardino, California, who just graced Accordingly (at 10 o’clock and 31 prevent the spread and introduction of us with the opening prayer. minutes a.m.), the House stood in re- these harmful invasive species. Pastor Beckley has served as senior cess. f pastor at Ecclesia for the past 25 years f and has presided over a congregation of ROSWELL PARK CANCER INSTI- TUTE AWARDED NEW RESEARCH b 1200 4,000 Inland Empire residents. In addition to helping Ecclesia grow GRANTS AFTER RECESS and flourish, Pastor Beckley cofounded (Mr. HIGGINS asked and was given The recess having expired, the House the Inland Empire Concerned African permission to address the House for 1 was called to order by the Speaker pro American Churches, received numerous minute.) tempore (Mr. JOLLY) at noon. accolades for his ministry and service Mr. HIGGINS. Mr. Speaker, today Buffalo’s Roswell Park Cancer Insti- f to our region, and today serves as the chair of the Community Action Part- tute was awarded $33 million in new re- PRAYER nership of San Bernardino County, search grants from the National Insti- Reverend Joshua Beckley, Ecclesia which is a local organization that tutes of Health. Christian Fellowship, San Bernardino, seeks to empower and lift low-income This funding will support research to California, offered the following pray- families throughout San Bernardino develop new therapies for prostate can- er: County. cer, for head and neck cancer, and to Our Father and our God, we pray for In the aftermath of the horrific trag- advance the great promise of this session of Congress, in light of all edy at the Inland Regional Center in immunotherapy, which is research to that is going on in our world and the San Bernardino last December, Pastor unleash the cancer-killing potential threats that face us as a Nation, that Beckley was a resounding voice of com- from the body’s own immune system. You would give clarity and thought fort and an unwavering leader for thou- Under the leadership of Dr. Candace and discernment as they follow their sands in our darkest hours. He provided Johnson, Roswell Park scientists are agenda today. solace to the families of the victims, providing hope and the potential for I pray that You would endow them compassion to their coworkers, and healing to millions here and through- with wisdom and knowledge, with em- strength to the community as we re- out the world. In Buffalo, the Roswell pathy, and compassion to determine covered. His leadership was and con- Park Cancer Institute is helping to fuel the best course of action that would af- tinues to be an integral part of our ef- an economic renaissance that has cap- fect the greatest good for all who forts to heal and rebuild. tured the attention of the Nation. Nationally, the National Institutes of would be affected by their decisions We are so grateful for his dedication Health’s funding supports over 400,000 today. to the thousands of Inland Empire fam- good-paying American jobs. Congress I pray that they would be mindful of ilies who look to him for guidance, and needs to fully fund cancer research for our Pledge of Allegiance that declares we thank him for his continued service the National Institutes of Health be- that we are one nation under God and to the region. He is joined by his wife, cause, on this issue, if American lead- that You are the ultimate leader of Lynda, and his sister, Tammie Watson. ership is not there, there is no leader- this Nation. f ship. The Scriptures remind us that right- eousness exalts a nation, but sin is a ANNOUNCEMENT BY THE SPEAKER f reproach to any people. PRO TEMPORE REMEMBERING WHEELOCK Bless this 114th session of the House The SPEAKER pro tempore. The WHITNEY of Representatives. In the mighty Chair will entertain up to 15 further re- (Mr. PAULSEN asked and was given Name of Jesus, we pray. quests for 1-minute speeches on each permission to address the House for 1 Amen. side of the aisle. minute and to revise and extend his re- f f marks.) Mr. PAULSEN. Mr. Speaker, I rise to THE JOURNAL INVASIVE SPECIES SUMMIT remember Wheelock Whitney, a Min- The SPEAKER pro tempore. The (Ms. STEFANIK asked and was given nesota legend, civic leader, and a Chair has examined the Journal of the permission to address the House for 1 friend. Last week Minnesota was sad- last day’s proceedings and announces minute and to revise and extend her re- dened to learn that Wheelock Whitney to the House his approval thereof. marks.) had passed away. Pursuant to clause 1, rule I, the Jour- Ms. STEFANIK. Mr. Speaker, my dis- Wheelock was a successful business- nal stands approved. trict is home to many ecological won- man who gave so much back to our f ders, from the mighty Adirondacks to State. He was an impactful leader, the Saint Lawrence River. The envi- principled, generous, and compas- PLEDGE OF ALLEGIANCE ronment is truly our lifeblood in the sionate. When he retired, he passed his The SPEAKER pro tempore. Will the North Country. Sadly, invasive species knowledge on to future generations by gentleman from Michigan (Mr. KILDEE) threaten the health and beauty of teaching at the Carlson School of Man- come forward and lead the House in the these natural ecosystems. agement at the University of Min- Pledge of Allegiance. Given our unique position as both the nesota. Mr. KILDEE led the Pledge of Alle- gateway to the Great Lakes and as the Wheelock’s civic leadership included giance as follows: center of international shipping trade, playing a large role in local sports

VerDate Sep 11 2014 01:41 May 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.008 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3104 CONGRESSIONAL RECORD — HOUSE May 25, 2016 franchises, like the Twins, the Vikings, in the destruction of key evidence, that The honorees are: Gary Bomzer, who and the North Stars. He also helped he provided false statements during his serves as the president and CEO of this save and improve lives in his founding sworn testimony, and that he did not wonderful organization; Paul Kruss, of the Johnson Institute in 1966, one of notify Congress that the disgraced Lois who serves as the chair of the board of the Nation’s very first drug and alcohol Lerner’s emails were strangely miss- directors; and Ariel Bentata and Jef- abuse treatment centers. ing. frey Scheck, who were past chairs. Mr. Speaker, it is really hard to put Sadly, this is not what Americans de- Founded in 1987, the Michael-Ann into words the respect that Minneso- serve from the professionals of the IRS. Russell JCC has been committed to not tans have for Wheelock Whitney and The IRS should be accountable to an- only strengthening Jewish values in his stature as a leader. He simply was swer questions about the corruption of south Florida, but it has also dedicated one of a kind and was somebody who its duties. This comes at a time when time and resources to educating our fu- made Minnesota a better place. We will Congress and the American people have ture leaders and fostering a strong remiss him. real concerns about bias by the IRS’ lationship with our ally, the demo- f targeting of conservative organizations cratic Jewish State of Israel. and by cybersecurity vulnerabilities. I am thankful to witness the growth FOSTER YOUTH SHADOW DAY I am grateful for House Judiciary of the Jewish American community in (Mr. KILDEE asked and was given Committee Chairman BOB GOODLATTE’s our area as its members continue to permission to address the House for 1 and House Committee on Oversight and strive for a better and more prosperous minute.) Government Reform Chairman JASON tomorrow. Mr. KILDEE. Mr. Speaker, today is CHAFFETZ’ advocacy in their standing Mazel tov to the Michael-Ann Russell Foster Youth Shadow Day. It is a day up for American taxpayers. Jewish Community Center on a job that gives Members of Congress a In conclusion, God bless our troops, well done. and may the President, by his actions, chance to spend time with young f adults from our districts who have never forget September the 11th in the grown up in the foster care system. global war on terrorism. WEAR SOMETHING RED WEDNES- I always enjoy this day because it f DAY TO BRING BACK OUR GIRLS gives me a chance to understand the ZIKA VIRUS (Ms. WILSON of Florida asked and experience of foster youth and to talk was given permission to address the (Mr. VARGAS asked and was given about policies that would help support House for 1 minute.) permission to address the House for 1 those children and young adults in that Ms. WILSON of Florida. Mr. Speaker, minute and to revise and extend his re- system. today is Wear Something Red Wednes- marks.) I have learned a lot today from Jus- day to bring back our girls. Mr. VARGAS. Mr. Speaker, I rise to tin and Jameshia, who are here with My heart is overflowing with joy. I express my deep concerns about the me. They are two young adults with am very happy to report that one of danger the Zika virus continues to rep- whom I am spending time. Both have the Chibok schoolgirls who had been resent to expectant mothers all around spent years in the foster care system abducted by the Nigerian terrorist the world. and have grown to be really remark- As a Member of Congress who rep- group Boko Haram has been found. She able young adults. resents the whole California-Mexico was found last week by a vigilante Justin is studying international rela- border, I strongly urge my colleagues group in the Sambisa Forest, close to tions at Michigan State University, to provide adequate resources to avoid the border of Cameroon. and Jameshia just graduated from the potentially tragic consequences for The young girl has been reunited University of Michigan-Flint, one of families and communities like mine. with her family after having spent 2 my alma maters, with a degree in so- More than 275 pregnant women are con- years in captivity, an experience that cial work. firmed Zika cases in America, includ- will haunt her for the rest of her life. Along with their interest in school, ing 10 in California, and the number Sadly, according to several media ac- they both have dedicated themselves to only continues to grow. counts, the young girl reported that six bettering the lives of other children in I believe we have a unique oppor- of the 219 have died since being held by Michigan and around the world. Their tunity to work in a bipartisan and bi- Boko Haram and that the rest are alive commitment to raise up kids in my cameral manner in order to prevent, and are being held in the forest. hometown and their hometown of Flint detect, and respond to the spread of the Last week we celebrated the return is really inspiring. I am just happy Zika virus. This means fully funding of this precious young girl, but we can- that I am able to get to know them the President’s $1.9 billion request for not stop working until the 212 who are better and to see the passion that they emergency spending on the develop- still being held hostage are safely re- bring to their communities. That pas- ment of vaccines and diagnostic testing turned to their families, away from sion will take them far. and on vector controls to manage the these evil, Islamic insurgents. It is important that we hear from mosquito population. Mr. Speaker, time is of the essence, people like Justin and Jameshia in The American people deserve a Con- and the governments of the Multi- order to shape the policies that we gress that will respond to this urgent national Joint Task Force, alongside make right here in this Congress. I am crisis with smart action. our government, must fight as hard as just glad I could hear what they had to possible to find these girls. We cannot f say, and I am glad they could be with stop until we find them all. us today. I am honored to spend part of RECOGNIZING THE MICHAEL-ANN I urge my colleagues to join me Foster Youth Shadow Day with them. RUSSELL JEWISH COMMUNITY today in wearing red on Wednesday f CENTER until Boko Haram is defeated and all of (Ms. ROS-LEHTINEN asked and was the kidnapped girls have rejoined their KOSKINEN AVOIDS given permission to address the House families. Please continue to wear ACCOUNTABILITY for 1 minute and to revise and extend something red on Wednesday. Please (Mr. WILSON of South Carolina her remarks.) continue to tweet, tweet, tweet asked and was given permission to ad- Ms. ROS-LEHTINEN. Mr. Speaker, I #BringBackOurGirls and to tweet, dress the House for 1 minute and to re- rise to recognize the Michael-Ann Rus- tweet, tweet #JoinRepWilson. vise and extend his remarks.) sell Jewish Community Center as it f Mr. WILSON of South Carolina. Mr. holds its Prom-Night Tribute-Dinner Speaker, yesterday Internal Revenue on Thursday, June 2. CONGRATULATING SLCC Service Commissioner John Koskinen During this joyous celebration, lead- BASKETBALL refused to testify before the House Ju- ers of the Michael-Ann Russell JCC (Mrs. LOVE asked and was given per- diciary Committee to answer allega- will be recognized for their contribu- mission to address the House for 1 tions that he failed to comply with a tions to improving the lives of the Jew- minute and to revise and extend her re- congressional subpoena, which resulted ish community in south Florida. marks.)

VerDate Sep 11 2014 01:41 May 26, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.010 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3105 Mrs. LOVE. Mr. Speaker, I rise to Mr. ROTHFUS. Mr. Speaker, in con- 80 to the worst, most dangerous prison recognize the outstanding achievement trast to the religious persecutions in in the U.S. of the Salt Lake Community College Europe between the 16th and 19th cen- f men’s basketball team, this year’s Na- turies, America increasingly became a tional Junior College Men’s Basketball safe space for people to exercise their COMMUNICATION FROM THE HON- champions. faith in accordance with their con- ORABLE TED S. YOHO, MEMBER These 12 extraordinary student ath- science. Religious freedom was woven OF CONGRESS letes, with the unwavering support of into the fabric and constitution of our The SPEAKER pro tempore laid be- their four dedicated coaches, domi- country from the beginning, and faith fore the House the following commu- nated the 2016 NJCAA Men’s Basket- has played a big role in forming the nication from the Honorable TED S. ball tournament, beating their oppo- character of our Nation. YOHO, Member of Congress: nents by an average of 18.8 points over From efforts to abolish slavery, se- CONGRESS OF THE UNITED STATES, five games in 6 days. cure civil rights, and protect human HOUSE OF REPRESENTATIVES, Conner Toolson was named the tour- life, to providing health care, food, Washington, DC, May 25, 2016. nament’s Most Valuable Player. Head shelter, and hope to countless millions, Hon. PAUL D. RYAN, coach Todd Phillips was named Coach religious organizations have been in- Speaker, House of Representatives, Washington, DC. dispensable to the progress we have of the Tournament. DEAR MR. SPEAKER: This is to notify you These young men, who hail not only made. Indeed, the Civil Rights Act of formally pursuant to Rule VIII of the Rules from Utah, but from as far away as 1964 recognized the extraordinary con- of the House of Representatives that I have Australia, exhibited more than just ex- tributions of religious organizations been served with a subpoena, issued by the ceptional athleticism and skill. They when it preserved their right to hire in- Circuit Court in and for Dixie County, Flor- were singled out for their good sports- dividuals who shared their beliefs. ida, Criminal Division, for testimony in a manship and kindness off court. Tad Today we see clouds encroaching criminal case. Dufelmeier was honored with the tour- upon the sunshine of religious freedom After consultation with the Office of Gen- and the freedom of conscience. These eral Counsel, I have determined that compli- nament’s Sportsmanship Award. ance with the subpoena is not consistent I congratulate the team on their attempts to crush conscience must be with the privileges and rights of the House. championship win and for representing resisted. It is conscience that convicts Sincerely, their school, their community, and the us of our own shortcomings, and it is TED S. YOHO, State in such an exceptional way. that conviction that allows us to cor- Member of Congress. Go Bruins. rect course and to seek what is good, f beautiful, and true. That is why pro- f PROVIDING FOR CONSIDERATION tecting religious freedom is vital. OF S. 2012, ENERGY POLICY MOD- b 1215 Mr. Speaker, let us together join ERNIZATION ACT OF 2016; PRO- forces against the growing intolerance HONORING EDUCATOR JOYCE VIDING FOR CONSIDERATION OF that threatens it. TOAN H.R. 5233, CLARIFYING CONGRES- (Mr. DOLD asked and was given per- f SIONAL INTENT IN PROVIDING mission to address the House for 1 STOP GIVING GUANTANAMO PRIS- FOR DC HOME RULE ACT OF 2016; minute and to revise and extend his re- ONERS EXPENSIVE SPECIAL AND PROVIDING FOR PRO- marks.) TREATMENT CEEDINGS DURING THE PERIOD Mr. DOLD. Mr. Speaker, I rise today (Mr. DUNCAN of Tennessee asked FROM MAY 27, 2016, THROUGH to commend Joyce Toan, who has and was given permission to address JUNE 6, 2016 taught the children of Joseph Sears the House for 1 minute and to revise Mr. BURGESS. Mr. Speaker, by di- School as a kindergarten teacher for and extend his remarks.) rection of the Committee on Rules, I nearly two decades. First arriving at Mr. DUNCAN of Tennessee. Mr. call up House Resolution 744 and ask Sears in 1997, Mrs. Toan has positively Speaker, yesterday I had 43 students for its immediate consideration. shaped the lives of hundreds of stu- and chaperones from Washburn High The Clerk read the resolution, as fol- dents. School in east Tennessee as my guests lows: Personally, she has had an undeni- at the Capitol. H. RES. 744 ably positive impact on my family, Among other things, I told them I Resolved, That upon adoption of this reso- teaching my three children, Harper, was next going to a hearing about the lution it shall be in order to consider in the Bobby, and Honor. Each is better off prison in Guantanamo and that one House the bill (S. 2012) to provide for the because of her guidance and teaching. group had estimated it was now costing modernization of the energy policy of the Our family and community will be us over $4 million per prisoner to keep United States, and for other purposes. All forever indebted to her for the kindness that prison open. One of the students points of order against consideration of the she has shown all of our children. Mrs. said, ‘‘How can I get in?’’ bill are waived. An amendment in the nature Toan always went out of her way to There are now only 80 prisoners of a substitute consisting of the text of Rules recognize what makes each of her stu- Committee Print 114-55 shall be considered there, and we spent $445 million to run as adopted. The bill, as amended, shall be dents unique. She taught her students the facility in 2015. The Washington considered as read. All points of order not what to think, but how to think, a Times reported in 2013 that we were against provisions in the bill, as amended, skill that will be useful for the rest of giving these prisoners classes on com- are waived. The previous question shall be their lives. puters, horticulture, art, and callig- considered as ordered on the bill, as amend- Despite her career at Sears coming to raphy as well as library services, speed, and on any further amendment thereto, an end, the lessons and memories that cial food, and recreational facilities. to final passage without intervening motion she has imparted upon Harper, Bobby, We sometimes hear of country club except: (1) one hour of debate equally divided Honor, and all of her students will last among and controlled by the chair and rank- prisons. Apparently, this should be ing minority member of the Committee on a lifetime. called a resort prison. Energy and Commerce and the chair and Mr. Speaker, I offer my personal I know the Federal Government can- ranking minority member of the Committee thanks to Mrs. Toan for all that she not do anything in a fiscally conserv- on Natural Resources; and (2) one motion to has done and wish her well in her re- ative way, but spending $4 million per commit with or without instructions. tirement. She will be deeply missed. prisoner in Guantanamo is ridiculous. SEC. 2. If S. 2012, as amended, is passed, then it shall be in order for the chair of the f It costs an average of $34,000 per year per prisoner in most Federal prisons Committee on Energy and Commerce or his PROTECTING RELIGIOUS FREEDOM and $78,000 per year in the supermax designee to move that the House insist on its amendment to S. 2012 and request a con- (Mr. ROTHFUS asked and was given prison. ference with the Senate thereon. permission to address the House for 1 Mr. Speaker, we should stop giving SEC. 3. Upon adoption of this resolution it minute and to revise and extend his re- these terrorists such ridiculously ex- shall be in order to consider in the House the marks.) pensive special treatment and send all bill (H.R. 5233) to repeal the Local Budget

VerDate Sep 11 2014 03:14 May 26, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.011 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3106 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Autonomy Amendment Act of 2012, to amend House have perceived as an unlawful The second piece of legislation con- the District of Columbia Home Rule Act to action taken by the District of Colum- tained in today’s rule addresses the clarify the respective roles of the District bia in contravention of the Federal House concerns with recent actions government and Congress in the local budget Home Rule Act. The minority is, how- taken by the District of Columbia’s process of the District government, and for other purposes. All points of order against ever, afforded the customary motion to Mayor and City Council. H.R. 5233, consideration of the bill are waived. The bill recommit, a final chance to amend the Clarifying Congressional Intent in Pro- shall be considered as read. All points of legislation. viding for DC Home Rule Act of 2016, order against provisions in the bill are Finally, the rule contains the stand- repeals the Local Budget Autonomy waived. The previous question shall be con- ard tools to allow the orderly manage- Amendment Act of 2012, a referendum sidered as ordered on the bill and on any ment of the floor of the House of Rep- passed in the District of Columbia, amendment thereto to final passage without resentatives during an upcoming dis- which many believe violates both the intervening motion except: (1) one hour of trict work period. U.S. Constitution and the Federal debate equally divided and controlled by the The House amendment to S. 2012, the Home Rule Act. chair and ranking minority member of the When the Founding Fathers crafted Committee on Oversight and Government Energy Policy Modernization Act of Reform; and (2) one motion to recommit. 2016, builds on the work of the House. our Constitution, they acknowledged SEC. 4. On any legislative day during the The House has done this work over the the special status that the Nation’s period from May 27, 2016, through June 6, past year and a half to update the Na- Capital held and created a special rela- 2016— tion’s energy laws and move the coun- tionship between it and the Federal (a) the Journal of the proceedings of the try forward on energy policy. The bills Government not enjoyed by other previous day shall be considered as approved; included in this package include work States and other localities. and While some argue that the District of (b) the Chair may at any time declare the from the Committee on Energy and Commerce, the Agriculture Com- Columbia should be entirely self-gov- House adjourned to meet at a date and time, erned, that is not how our Constitution within the limits of clause 4, section 5, arti- mittee, Committee on Natural Re- cle I of the Constitution, to be announced by sources, and the Committee on treats the Federal city. Article I, sec- the Chair in declaring the adjournment. Science, Space, and Technology. tion 8, clause 17 states that the Con- SEC. 5. The Speaker may appoint Members While many House committees have gress of the United States shall have to perform the duties of the Chair for the du- had input on this package, Members the power—I am quoting from the Con- ration of the period addressed by section 4 of can feel comfortable that a wide array stitution here—‘‘to exercise exclusive this resolution as though under clause 8(a) of of opinions and positions are rep- Legislation in all Cases whatsoever, rule I. resented in the legislation. This is how over such District (not exceeding ten The SPEAKER pro tempore. The gen- the House works its will most effec- Miles square) as may, by Cession of tleman from Texas is recognized for 1 tively, by combining various pieces of particular States, and the Acceptance hour. legislation into one package. of Congress, become the Seat of the Mr. BURGESS. Mr. Speaker, for the In amending S. 2012, the Senate Government of the United States, and purpose of debate only, I yield the cus- passed energy legislation. Following to exercise like Authority over all tomary 30 minutes to the gentlewoman passage of S. 2012 in the House, both Places purchased by the Consent of the from New York (Ms. SLAUGHTER), pend- bodies will be able to begin to con- Legislature of the State in which the ing which I yield myself such time as I ference the differences in the two bills, Same shall be, for the Erection of may consume. During consideration of a further step in the regular order of Forts, Magazines, Arsenals, dock-Yards this resolution, all time yielded is for this bill becoming a law. and other needful Buildings.’’ the purpose of debate only. The legislation will benefit Ameri- b 1230 GENERAL LEAVE cans across the country: modernizing The District of Columbia, falling Mr. BURGESS. Mr. Speaker, I ask our energy infrastructure; expediting squarely within the parameters of this unanimous consent that all Members and improving forest management; pro- clause, is, therefore, subject to Con- have 5 legislative days to revise and ex- viding for greater opportunities on gress’ exclusive exercise over its laws. tend their remarks. Federal lands for hunting, fishing, and I have no doubt that a strong debate The SPEAKER pro tempore. Is there shooting; and prioritizing science re- will surround the consideration of H.R. objection to the request of the gen- search using Federal taxpayer dollars. 5233, as we heard in the Committee on tleman from Texas? S. 2012, as amended, includes various Rules last night, but Congress would be There was no objection. pieces of legislation considered and relinquishing its duty under the United Mr. BURGESS. Mr. Speaker, House passed by the House not only in the States Constitution to oversee the gov- Resolution 744 provides for the consid- current 114th Congress, but it also in- ernance of the Nation’s Capital. eration of S. 2012, the Energy Policy cludes many pieces of bipartisan legis- Today’s rule will allow the House to Modernization Act of 2016, and H.R. lation from the 112th and 113th Con- complete the final two pieces of legis- 5233, Clarifying Congressional Intent in gresses. lation for the month of May, a month Providing for DC Home Rule Act of A major win for the American people where the House of Representatives has 2016. in this package is the provisions allow- passed legislation to provide funding The rule provides 1 hour of debate, ing for expanded access by sportsmen, for our military bases, funding for our equally divided amongst the majority fishermen, and recreational shooters to veterans, funding for energy and water and minority members of the Commit- Federal lands, lands that should have policies; to provide new authorities and tees on Energy and Commerce and Nat- always been accessible to all Ameri- funding to combat the growing threat ural Resources for S. 2012. As S. 2012, as cans for various legal and constitu- of the Zika virus; to update our Na- amended, is a comprehensive compila- tional activities. tion’s chemical laws; to provide help to tion of energy legislation that has al- Further, the legislation before us fo- those in this country facing opioid ad- ready passed the House, the Committee cuses on protecting American interests dictions; and to provide tools to our on Rules made no further amendments in a world where uncertainty due to Nation’s armed services necessary to in order. However, the rule affords the terrorism and unfriendly and unstable keep our citizens safe from the growing minority the customary motion to re- regimes in the Middle East threaten threat of terrorism. It has been one of commit, a final opportunity to amend American access to reliable sources of the most productive months of the the legislation should the minority energy. We have long believed that year for the House of Representatives. choose to exercise that option. America should focus less on relying on Mr. Speaker, I reserve the balance of The rule further provides for 1 hour foreign energy sources, given the abun- my time. of debate, equally divided between the dance of resources below our very feet Ms. SLAUGHTER. Mr. Speaker, I majority and minority of the Com- across this Nation. Only if Federal thank the gentleman for yielding me mittee on Oversight and Government policies are aligned with this view, the time. I yield myself such time as I Reform on H.R. 5233. No amendments which the House will do with this pack- may consume. were made in order as the bill is a tar- age, can our country fully focus on be- Mr. Speaker, I rise today to oppose geted response to what Members of the coming energy secure. the rule which joins two disparate

VerDate Sep 11 2014 03:14 May 26, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.004 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3107 issues. The first, District of Columbia fight to protect the environment and consideration of H.R. 5233. Understand budget autonomy. The second, pur- precious natural resources. the spectacle we have ongoing here. A suing an energy bill that prioritizes an The bill locks in fossil fuel consump- strong Republican House is actively outdated energy policy. tion for years to come by repealing sponsoring a bill that repeals a local First, D.C. budget autonomy. Mr. current law aimed at reducing the gov- law, a local law that in this case au- Speaker, Congress sits in the District ernment’s carbon footprint. It also thorizes the District of Columbia gov- of Columbia, and our presence looms puts up barriers to the integration of ernment to spend its own local funds far beyond the footprint of the build- clean, renewable energy technologies, without congressional approval. ings. Congress has mandated that the all while rolling back the energy effi- Who do the Republicans think they government of the District of Columbia ciency standards. In the past, effi- are, that the people I represent should pass every budget plan—every spending ciency standards were an area of bipar- ask for their approval to spend, and to plan down to the penny of their own tisan compromise. Not anymore. process funds that they had nothing to money that they raise—through Con- Americans cannot afford the Repub- do with raising? gress. lican majority’s head-in-the-sand ap- Understand, no Federal funds are in- But in 2012, the District of Columbia proach to climate change and energy volved, not one penny, but those pen- exerted its own authority and passed consumption. In fact, I understand that nies, over $7 billion—and I want people the Local Budget Autonomy Amend- the presumed Presidential candidate of who come to the floor to tell me if ment Act of 2012 and essentially said: the Republican Party had applied to their State raises $7 billion on its own. We will allocate our own local funds build a wall on one of his foreign golf Over $7 billion. These are our pennies. ourselves unless Congress overrides our courses, blaming climate change for Not a cent of Federal money is even plan, and we will only ask permission the erosion. So if he believes it in a for- implicated. beforehand when we spend money that eign country, I certainly hope he will Let’s go back to Republican prin- comes from the Federal Treasury. think about believing it here. ciples to understand what is happening The bill before us, H.R. 5233, would I urge my colleagues to work toward on this floor today because it is going repeal the District’s local law, keep the an all-of-the-above strategy that will to happen twice. My Republican friends District of Columbia from spending its modernize our Nation’s energy infra- propose in this rule—these are the own money on local services, and pro- structure in a way that addresses cli- same friends who despise the Federal hibit the District from granting itself mate change, promotes clean energy, reach, despise it so much that every budget autonomy in the future. drives innovation, and ensures a clean- year they try to give back what have For far too long, the residents of the er, more stable environment for future long been Federal matters to the District have paid their fair share of generations. States, like the Department of Edu- taxes and have not had full representa- Mr. Speaker, I urge a ‘‘no’’ vote on cation. Need I go through the laundry tion in Congress. The District sends the rule. list? The one thing they stand for in young people off to war, but doesn’t I reserve the balance of my time. this Congress and have stood for have an equal voice in either going to Mr. BURGESS. Mr. Speaker, I yield throughout human time is that they war or how the country is governed. In myself 30 seconds. prefer that power over the people be ex- fact, it reminds me a lot of a planta- I would remind the House that this ercised at the State and local level. tion. energy legislation has worked its way That is what they stand for. There are Subjecting the District to the through the House for the last 18 not many things that you can say a lengthy and uncertain congressional months; and, indeed, the two previous particular party stands for. Local con- appropriations process for its own use Congresses, multiple committees have trol is certainly their cardinal prin- of their local tax collection imposes had input on this. It has been one of ciple. operational and financial hardships for the most thoroughly vetted pieces of But look what they are doing this the District, burdens not borne by any legislation. I cannot tell you the num- afternoon. They are doubling down. other local government in the country. ber of hearings, the number of markups That is not just a matter of emphasis. In addition to that, it is more expen- that I have sat through in the Com- That means double bills. They are dou- sive to them. mittee on Energy and Commerce. It bling down to use the awesome power It defies reason that the House ma- has had similar treatment over in the of the Federal Government against a jority would continue this overreach, Senate. The concept of getting this bill local district. If you will excuse me, I and I urge each considerate Republican through the House, going to conference regard that as very un-Republican. to rethink their position. In fact, there with the Senate, this is a good product We are talking about two provi- are some key Republicans who do sup- and is worthy of the support of this sions—not just the rule before us—that port the District’s budget autonomy. body. use identical language, as if to say, you The Oversight and Government Reform Mr. Speaker, I reserve the balance of know, we really mean it, District of Committee’s last four chairmen—in- my time. Columbia, because we are going to do it cluding Republicans Tom Davis and Ms. SLAUGHTER. Mr. Speaker, I twice. We want to be doubly sure that DARRELL ISSA—worked to give D.C. yield 10 minutes to the gentlewoman we keep this local district from enforc- budget autonomy. I urge my Repub- from the District of Columbia (Ms. ing its own local budget. lican colleagues to follow suit. NORTON), a hardworking Member who So what is the point of this bill if Second, the rule would allow the represents 700,000 people who have no they are doing it twice? House to replace the text of the Sen- say because this body decides every- This bill is a pretense. It is solely de- ate’s bipartisan energy reform legisla- thing that they do. As I pointed out be- signed to lay the predicate for another tion with the House’s partisan energy fore, they pay their taxes and they action that has occurred this very bill. Time and again, we have seen the send their children off to war, but she morning in the Committee on Appro- Senate come to a reasonable, bipar- cannot vote in this House in any way priations. How coincidental. I sat tisan compromise, but the House to affect anything. through a Committee on Appropria- chases a partisan agenda and derails Ms. NORTON. Mr. Speaker, first I tions markup where a rider, using the the legislative process every time. want to thank my good friend from very same language that is proposed The House proposal encourages an New York State for the way she has al- through this rule, and that rider was outdated energy policy that favors fos- ways understood and championed with indeed passed by the House appropria- sil fuels above the clean and renewable respect to the District of Columbia, tions subcommittee. energy sources, and it seeks to roll which also happens to be the capital of Heavens. I wonder if in the history of back important environmental protec- the United States. But, as she said, it the House of Representatives we have tions. The majority’s insistence on ne- is more than the Capitol and this build- ever had this Congress or the Congress gating environmental protections and ing. It is where almost 700,000 Ameri- of the United States to be so threat- doubling down on their attacks on en- cans live. ened by what a local jurisdiction would vironmental laws is a troubling waste Mr. Speaker, I must strongly oppose do that it proposes not one bill, but of time. Nevertheless, Democrats will that portion of the bill providing for two, to keep that local jurisdiction

VerDate Sep 11 2014 03:14 May 26, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.015 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3108 CONGRESSIONAL RECORD — HOUSE May 25, 2016 from proceeding. We are not seceding say, ‘‘You do it, you grant us budget Then, the District of Columbia Fi- from the United States. We are simply autonomy,’’ what in the world kept nancial Control Board had to be insti- trying to spend our own money. you from allowing us the respect of tuted in order to correct the many fi- So here we have a bill twice over be- bringing that amendment to counter nancial disasters that the District of cause the—appropriations bill contains what you are doing today, particularly Columbia government had created for the same language, understand, despite knowing that we can’t counter what itself. Congress gave the board the another of their rules that prohibits you are doing today? power to override the D.C. government legislating on an appropriations bill. My amendment, of course, would where it saw fit. The Republican leadership included the have called the question on whether Mr. Speaker, I yield 3 minutes to the text of H.R. 5233 in the appropriations Members support or oppose local con- gentleman from North Carolina (Mr. bill for what appears to be a very good trol of local jurisdictions over their MEADOWS), from the Oversight and reason. They recognize that that is the own budget. Do Members oppose budget Government Reform Committee, where only chance they have of enacting the autonomy because the District initi- this bill originated. text of the rule before you, and that is ated it? Or do they actually want to Mr. MEADOWS. Mr. Speaker, I thank to do so in an appropriations bill. So toss their own local control principles the gentleman from Texas for his elo- they are doing it twice for good meas- out of the Capitol window through a quent words. ure, but the only way it is going to vote requiring Federal approval of As we look at this particular bill, pass is attaching it to some must-pass local funds? there is a lot that has been said about bill. The SPEAKER pro tempore. The what home rule is and what it is not. The Senate—and I say this on this time of the gentlewoman has expired. There is a lot that has been said about floor—does not have the votes to pass Ms. SLAUGHTER. I yield the gentle- what the law is and what it is not, and H.R. 5233 itself. And even if it did, the woman an additional 3 minutes. yet it is undeniable that the Constitu- Ms. NORTON. My amendment would President of the United States, who tion actually reserved for this es- have made the text of D.C.’s Local teemed body the power to legislate has long supported budget autonomy, Budget Autonomy Act Federal law. It over all affairs within the District, put it in his own budgets, has said he would have simply said, look, if you going back to Article I, section 8 of our would veto it. The Executive State- don’t like what the District did, you do Constitution. ment of Administration Policy that it. We would have lost. But you would And yet in 1973, Mr. Speaker, this came out yesterday indicated so. at least have given to us the respect body took on a law, debated it in both This may be news to some Members that we are entitled to as American the House and the Senate, to actually of this body, but I am the only Member citizens—afraid even to do that. take some of those authorities granted of Congress who was elected by the al- The Local Budget Autonomy Act is by the Constitution and allow the Dis- most 700,000 American citizens who live already law. The District government trict to actually put forth laws with rein the District of Columbia, and my has begun to implement it, and I ap- gard to local issues. constituents are the only American plaud them for doing so. When you are Now, specifically reserved in that citizens who are affected by this bill. up against a despotic House of Rep- 1973 law was the whole issue of the You might be able to understand the resentatives, the only way to proceed budget and appropriations. As we start- anger of my constituents if you knew in a democracy is to move on your ed to look at this particular function— these numbers. The people I represent own, or else they will say: See, we my good friend, the Delegate from the pay more taxes than 22 States pay. waited them out and there is nothing District, obviously has talked very se- Or you want another one that would they can do. There is only one of them riously about the law. make you understand the anger of my against all of us. Well, the law was very clear in 1973 constituents? Only one court opinion has, in fact, on what we passed. Actually, Charles They are number one per capita in upheld the Budget Autonomy Act, Diggs—Chairman Diggs—had what the Federal taxes paid to support their though the good Member on the other they called the Diggs Compromise that homeland, highest taxes per capita in side implied that this was a lawless specifically was spelled out in a dear the United States. And yet this very act. Well, let me tell you what the colleague letter on the fact that budg- day, twice—first with respect to this court said, without going through all etary control would remain with this rule, then with respect to the bill— of it: body and, indeed, with the appropri- every single Member of Congress will Forthwith, enforce all provisions of the ators. Yet somehow we see a decision get a vote on this bill solely concerning Local Budget Autonomy Act of 2012. by a superior court as having the effect the District of Columbia except the That is the law. Who is being lawless, of law? Member of Congress who represents the who is being unprincipled is any major- Well, we know from our civics class District of Columbia and is elected to ity that would want to be involved that it is this body that is putting represent them. with the local funds of any American forth Federal law. It cannot be a local b 1245 jurisdiction. jurisdiction that comes in and usurps When Members cast their vote today the power of the Federal law with its If you have never felt like a despot on the bill, they will be voting on a bill local mandates. before, I hope that side of the aisle un- to require Congress to approve a local So, Mr. Speaker, while my good derstands how it feels and what it budget. How un-Republican. And worse, friend and I will disagree perhaps on a looks like. undemocratic. number of issues, what we should agree The Republican leadership has Mr. BURGESS. Mr. Speaker, I yield on is the fact that the Constitution re- claimed that it is committed to letting myself 2 minutes. served this right for Congress. The the House work its will on legislation. Mr. Speaker, the Founders recog- Constitution and, indeed, those rel- However, yesterday, the Rules Com- nized that, within the District of Co- egated and delegated powers in 1973 mittee, on a party-line vote, prevented lumbia, this was a unique entity. But were specific in keeping the appropria- me from offering my amendment to Congress, in its benevolence, granted tions and budgetary process within this this bill to the House floor. What are the District of Columbia limited auton- body. To ignore that would be, hon- you afraid of, if my amendment comes omy in the Home Rule Act of 1973. That estly, ignoring the debate that hap- to the House floor that says, ‘‘Con- autonomy did not extend as far as what pened then, debate that happens now, gress, you do it; you grant D.C. budget the current Mayor and city council en- and sworn testimony in hearings that, autonomy’’? Are you afraid you can’t visioned it to. indeed, those who crafted this par- do it? Sure you can do it. Or, at least The Home Rule Act maintained the ticular law are all in agreement that let us do it. Give D.C. some respect. role of the Federal Government in the this was the intent of Congress. My amendment was the only chance District’s budget process; and, indeed, So, Mr. Speaker, I rise today to ask for D.C. residents to have a say on the the Federal Government has had to my colleagues to not only support this, bill during floor consideration. So even step in as late as the 1990s because the but reaffirm the role that Congress has though you could have, obviously, and District had so mismanaged its fi- and make sure that we keep it within would have defeated my amendment to nances. this body.

VerDate Sep 11 2014 03:14 May 26, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.054 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3109 Ms. SLAUGHTER. Mr. Speaker, may am sure you have, but I am sure that mentioned, in the Senate the desire to I inquire how much time remains on there was a whole lot less reason for give budget autonomy to the district. both sides? your hard times than for ours. Yet, as we know from our civics The SPEAKER pro tempore. The gen- I am asking you to think about your class, it takes both the Senate and the tlewoman from New York has 13 min- own principles of local control and try House and the President to sign it into utes remaining. The gentleman from to justify taking local control from the law. I would say that we need to con- Texas has 181⁄2 minutes remaining. District, but particularly to justify tinue to support the rule of law. Ms. SLAUGHTER. Mr. Speaker, I taking local control over our own Ms. SLAUGHTER. Mr. Speaker, I yield such time as she may consume to money. That is what the Framers went yield myself such time as I may con- the gentlewoman from the District of to war about. Somebody somewhere sume. Columbia (Ms. NORTON). was trying to tell them about taxes Mr. Speaker, if we defeat the pre- Ms. NORTON. My good friend Mr. having to do with their own local vious question, I will offer an amend- MEADOWS speaks as if he didn’t speak funds. ment to the rule to bring up two des- up for the Congress of the United I don’t know if that spirit still lives perately needed pieces of legislation. States with its awesome power, then on that side of the aisle, but it still The first would shed light on secret Congress would be stripped of its power lives in the District of Columbia. This money in politics by requiring groups by the District of Columbia—please. is our money. We are going to keep to disclose the source of the contribu- If there is any concern here about going at it until you have nothing to tions they are using to fund their cam- this bill, the one thing my good friend say about funds raised in a jurisdiction paign-related activities. The second should not do is to base it on what law- not your own. My constituents cannot would provide $600 million in funding yers say. The latest and most defini- hold you accountable because they can- to combat the growing opioid epidemic. tive, on what lawyers say is a court of not vote for you. Mr. Speaker, I ask unanimous con- law. Well, sir, they have voted for me; and sent to insert the text of the amend- I want to indicate what happened, be- what I say today represents what they ment in the RECORD along with extra- cause the matter was first in the Fed- believe and what they will never give neous material immediately prior to eral district court, then appealed to up, and that is the right to control the vote on the previous question. The SPEAKER pro tempore. Is there the Federal court of appeals. The Fed- their own local laws and, and above all, objection to the request of the gentle- eral court of appeals heard oral argu- their own local funds raised from their woman from New York? ment and received briefs. It looked at own local taxpayers. this—and we don’t know why—but they There was no objection. The SPEAKER pro tempore. Mem- Ms. SLAUGHTER. Mr. Speaker, I sent it to a local D.C. court. bers are reminded to direct their re- would like to take a personal privilege That court heard at every single ar- marks to the Chair. and rise today with a really sad heart gument Mr. MEADOWS has raised and and take a moment to mark what is found for the District of Columbia. And b 1300 the end of an era for the Rules Com- that is the definitive word on the law, Mr. BURGESS. Mr. Speaker, I yield 2 minutes to the gentleman from North mittee family. unless what he is saying is: Je suis the This is Miles Lackey’s last week as Carolina (Mr. MEADOWS). law, or, I am the law. Well, maybe you the staff director for the committee’s Mr. MEADOWS. I thank the gen- are, but you are the kind of law that minority, and we are sad about it in- tleman for yielding. led the Framers to rebel against Eng- deed. The Rules Committee is a family, land. No respect for local law. Mr. Speaker, indeed, the delegate opposite is my friend. She serves her con- and the loss is personal. You speak of the Diggs Compromise. The Rules Committee, in my opinion, stituency well. Her impassioned plea What you didn’t say is that some com- has the highest regarded staff of any- on behalf of her constituents is not promise had to be reached because the body that is on the Hill. In both the only recognized this day, but each and Senate, in its home rule bill, gave the House and Senate, Miles has proved to every day in this body. district control over its local budget. be the gold standard for any staff wish- This particular debate is not over So what we say, what our lawyers ing to make a contribution to the Con- what is believed to be right or wrong. say, is that compromise did leave some gress. room in the charter—which does not It is over the rule of law. Indeed, the He has been a mentor and a colleague specifically say that budget autonomy argument was made by the gentleman to anyone who asked for it. His counsel is denied to the District; and they from Georgia yesterday that this is a will be missed not just for the four of could have said it, but they didn’t—and matter of law, not on the merits of us on the Democratic side of the Rules the compromise was to leave some what is right or what is wrong from a Committee, but I think both staff room at such point as it became rel- standpoint of budget autonomy. members and all other Members alike evant to step up and claim the right to But I would also refer, Mr. Speaker, on both sides of the aisle. process and enforce their own local to the argument that would suggest Miles is a graduate of the University budget. that everything is great here in Wash- of North Carolina and of Yale Divinity My good friend managing the bill on ington, D.C., in terms of the budget. If School, and he brings a grounded, ho- that side dares reach back to the 1990s. that indeed is the case that is being ar- listic vision of his work as a staff mem- Yes, the District got into trouble. My gued here today, you can’t have it both ber, and the example has been a guid- congratulations to the District of Co- ways, because the status quo today has ing force. lumbia as the only city which, for 200 been one that truly has the authority He has the patience of Job and takes years, carried State functions. And yes, rested and vested here in this esteemed every dramatic turn of events in stride. in the 1990s, it became too much; and body. From government shutdowns to na- yes, the city had a serious financial So to suggest that things are less tional emergencies, Miles has always crisis. than perfect, I am not here to do that. known exactly what to do. So if you want to go back two dec- But if indeed everything is turning up As the staff director of the Rules ades, also come forward, because at roses today, it is the status quo that Committee or as Senator Dodd’s chief this time, the District has perhaps the has indeed preserved that. of staff in the Senate, he made incred- strongest economy in the United So I would suggest that, as we start ible contributions to legislation that States of America. How many of you to look at this, it is a fundamental has passed out of Congress during his have surpluses? How many of you have question: Are we going to uphold the tenure in both Chambers. anything to brag about in terms of the rule of law? From Dodd-Frank to the Affordable economy of your district? The rule of law here is very clear. In Care Act, it is clear that he dedicated Have you looked at what is hap- fact, the debates back in 1973 talked his career to benefiting the American pening in the District of Columbia? about that all we wanted was some of people with skill, intellect, and pa- You can see the building going on. You the local control over our local govern- tience. can see the increase in our population. ment. And as that debate went on, There is always one more story to So yes, we have had hard times, and I there was indeed, as my good friend tell, one more hug to linger over, but

VerDate Sep 11 2014 03:14 May 26, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.016 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3110 CONGRESSIONAL RECORD — HOUSE May 25, 2016 there sure is no good way to say good- Mr. Speaker, we can read the resolu- Whereas his good humor and steady de- bye to a trusted and cherished adviser, tion that the Rules Committee put out meanor will be missed: Now, therefore, be it Resolved, That— a colleague, and a friend. There is only for Miles, but it is only a page long. (1) the Committee on Rules expresses its the deep gratitude that we feel and the Truthfully, it doesn’t do justice. When profound gratitude to Mr. Miles M. Lackey legacy of the excellence that Miles you lose folks who have built that for his exemplary service; and leaves. trust, it takes years to find folks to re- (2) the clerk of the Committee is hereby di- Thank you, dear friend, for every- build it. rected to prepare this resolution in a manner thing. I want you to look at the folks who suitable for presentation to Mr. Lackey. Mr. Speaker, I reserve the balance of come to speak on Miles’ behalf today, Ms. SLAUGHTER. Mr. Speaker, I my time. Mr. Speaker. I want you to look at the yield 21⁄2 minutes to the gentleman Mr. BURGESS. Mr. Speaker, I yield 5 folks who sit in Miles’ chain of com- from Massachusetts (Mr. MCGOVERN), a minutes to the gentleman from Geor- mand. member of the Rules Committee. gia (Mr. WOODALL). He is certainly not leaving the rank- Mr. MCGOVERN. Mr. Speaker, I Mr. WOODALL. Mr. Speaker, when ing member high and dry. He has thank the distinguished ranking mem- you serve on the Rules Committee, you trained a tremendous team of folks ber of the Rules Committee for yield- spend a lot of time dealing in acrimony who are going to step up and try to fill ing me the time, and I join with her in at least here on the floor. those shoes. expressing my admiration and my re- When you serve on the Rules Com- I came to this institution to make a spect for Miles Lackey. mittee and your job is to get the busi- difference, Mr. Speaker. I didn’t come I have known Miles for many, many ness of the House accomplished, when just to make a point. Because Miles years. We both served as staff members we are not on the House floor, it isn’t Lackey has served in this institution up here when I first came to the Hill. I acrimony. It may be impassioned. It not for a day, not for a week, not for a have known him in his capacity when may be, at times, divisive. month, but for decade upon decade. We he worked with Tony Beilinson and But it is all focused on a single goal, have been able to make a difference. Ted Weiss and Chris Dodd and John and that is making sure that this insti- I don’t want to date Miles. He dates Edwards in the Rules Committee and I tution fulfills not just the expectations back not just before I got here, but be- guess a thousand other things he did up of our constituents back home, but the fore my predecessor got here. He dates here. I always admired his intellect and expectations of our framers who estab- back before Republicans took over this his dedication. lished it to begin with. institution, Mr. Speaker, and has seen Mr. Speaker, Miles Lackey is a good Members of Congress come and go, the control change time and time man. He is a very, very good man. That Mr. Speaker, and, inevitably, what again. is an important quality for people who makes a Member of Congress successful Watch folks when power changes, Mr. serve up here, whether as Members of is being surrounded by a team of excel- Speaker. Watch folks when power Congress or as staff members, that lence, a team of excellence back home changes in this institution. Watch they are good people. Miles always put the interests of the in terms of bosses and constituents and whether they behave the same once people of this country first, and always a team of excellence here in Wash- they have it as they did yesterday the most vulnerable were at the top of ington to help make sure that all the when they didn’t. his list. No matter what we talk about i’s are dotted and all the t’s are crossed We are all in the minority at some in the Rules Committee, he always and that the big things get done. point, Mr. Speaker. We are all in the When Miles Lackey leaves this insti- minority at some point. The rules exist talks about how it is going to impact tution, Mr. Speaker, it is going to be to protect the minority. people who are struggling in this coun- harder to get the big things done. It is Watch the folks who have the ability try. I just want to say that I have ad- going to be harder because the biggest to use the rules. See if they treat you mired Miles’ dedication to this coun- commodity we have in this town is not the same when they have the power as try. I have admired his intellect. I have a Member pin, is not a Member rep- when they don’t. admired his compassion. We are going resentational allowance, is not how There is not going to be a man or woman who stands in this Chamber to miss him greatly. much mail goes out the door. He has taught me a lot. I know he The most precious commodity in this who will tell you that Miles treats you any differently when he is in as when has taught a lot of people on the Rules town is trust, and not everybody has it. Committee and other staffers and Sadly, not everybody wants it. But to he is out. He is an advocate for his position, Members a lot as well. But he is a do anything that is worth doing in this unique individual in that everybody town, it has to be built on a foundation but he is an institutionalist who believes in all of us collectively. I thank loves him. of trust. I joked last night in the Rules Com- If you don’t have people like Miles him for his service. Ms. SLAUGHTER. Mr. Speaker, I in- mittee that I appreciated the fact that Lackey on the other side of the aisle— Miles was the inspiration for a resolu- I sit on this side of the aisle. He is clude in the RECORD the Rules resolution. tion in the Rules Committee that physically sitting on that side of the Democrats and Republicans could sup- aisle today not just emotionally, not Expressing the gratitude of the Committee on Rules to Mr. Miles M. Lackey, the Com- port because very rarely do we have just intellectually, but physically. If resolutions that we support in a bipar- you don’t have folks that you can mittee’s Democratic staff director, for his service to the Committee, the House, and the tisan way. trust, you can’t begin the conversa- Nation on the occasion of his retirement So I am grateful to Miles, and I join tions about how to make things hap- from the House of Representatives. with everybody here when I say we are pen. Whereas Mr. Miles M. Lackey has served going to miss him. There is no committee that brings the Nation in both the legislative and execu- I will just conclude with this. I have more measures to the floor than the tive branches over the course of nearly three had the privilege of serving with some decades; Rules Committee. That doesn’t happen great Members of the House and great by accident. It happens intentionally. Whereas he has served the Committee on Rules for most of his career, first as an asso- Members who have served as staffers It happens with good folks like Miles ciate of the Rules Committee staff, then up here. Lackey. later as senior advisor to the Chair and both Miles is at the top of that list. He is There is no committee that has to majority and minority staff director; a great human being and a great public deal with more contentious issues than Whereas during his career, he has brought servant. We are all here, in a bipartisan the Rules Committee. The committees competence and dignity to each office he has way, to express our admiration, our of jurisdiction have dealt with as many held; deep affection, and our respect for him. as they can. The hardest ones, the Whereas his advice and counsel are sought by both Members and staff alike; We wish him well. worst ones, end up on the Rules Com- Whereas he has always endeavored to en- And, Miles, we will be calling you mittee’s plate. We don’t deal with sure the effective operation of the Com- often, so be prepared. those issues successfully without the mittee, even when the majority and minor- I thank the gentlewoman for yielding trust built by folks like Miles Lackey. ity differed on policy or process; me the time.

VerDate Sep 11 2014 03:14 May 26, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.017 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3111 Mr. BURGESS. Mr. Speaker, I re- ation of the bill are waived. General debate in order to offer an amendment. On March serve the balance of my time. shall be confined to the bill and shall not ex- 15, 1909, a member of the majority party of- Ms. SLAUGHTER. Mr. Speaker, I ceed one hour equally divided among and fered a rule resolution. The House defeated urge my colleagues to vote ‘‘no’’ on the controlled by the respective chairs and rank- the previous question and a member of the ing minority members of the Committees on opposition rose to a parliamentary inquiry, previous question and ‘‘no’’ on the rule House Administration, the Judiciary, and asking who was entitled to recognition. that joins two unrelated measures, Ways and Means. After general debate the Speaker Joseph G. Cannon (R–Illinois) said: first, to continue the House majority’s bill shall be considered for amendment under ‘‘The previous question having been refused, overreach into the District of Colum- the five-minute rule. All points of order the gentleman from New York, Mr. Fitz- bia’s local budgetary affairs; second, to against provisions in the bill are waived. At gerald, who had asked the gentleman to double down on an outdated energy the conclusion of consideration of the bill for yield to him for an amendment, is entitled to policy and pursue a partisan path in- amendment the Committee shall rise and re- the first recognition.’’ port the bill to the House with such amend- stead of the bipartisan Senate plan. The Republican majority may say ‘‘the ments as may have been adopted. The pre- vote on the previous question is simply a Mr. Speaker, I yield back the balance vious question shall be considered as ordered of my time. on the bill and amendments thereto to final vote on whether to proceed to an immediate Mr. BURGESS. Mr. Speaker, I yield passage without intervening motion except vote on adopting the resolution. . . . [and] myself the balance of my time. one motion to recommit with or without in- has no substantive legislative or policy im- Mr. Speaker, as I pointed out in the structions. If the Committee of the Whole plications whatsoever.’’ But that is not what they have always said. Listen to the Repub- statement I gave at the beginning of rises and reports that it has come to no resolution on the bill, then on the next legisla- lican Leadership Manual on the Legislative this hour, just reflecting back on the Process in the United States House of Rep- month of May, a month where the tive day the House shall, immediately after the third daily order of business under clause resentatives, (6th edition, page 135). Here’s House of Representatives passed legis- 1 of rule XIV, resolve into the Committee of how the Republicans describe the previous lation funding our military bases, fund- the Whole for further consideration of the question vote in their own manual: ‘‘Al- ing our veterans, funding energy and bill. though it is generally not possible to amend water policies, providing new authori- SEC. 7. Clause 1(c) of rule XIX shall not the rule because the majority Member con- ties to combat the growing threat of apply to the consideration of H. R. 430. trolling the time will not yield for the pur- the Zika virus, we updated our Na- SEC 8. Immediately after the disposition of pose of offering an amendment, the same result may be achieved by voting down the pre- tion’s chemical laws for the first time H.R. 430 the Speaker shall, pursuant to clause 2(b) of rule XVIII, declare the House vious question on the rule.... When the in 40 years, we provided help to people resolved into the Committee of the Whole motion for the previous question is defeated, in this country facing opiate addic- House on the state of the Union for consider- control of the time passes to the Member tions, we provided pay and benefits to ation of the bill (H.R. 5189) to address the who led the opposition to ordering the pre- our military, we provided the tools to opioid abuse crisis. The first reading of the vious question. That Member, because he our armed services necessary to keep bill shall be dispensed with. All points of then controls the time, may offer an amend- our citizens safe from the growing order against consideration of the bill are ment to the rule, or yield for the purpose of threat of terrorism, it has been a sig- waived. General debate shall be confined to amendment.’’ nificant month in the United States the bill and shall not exceed one hour equal- In Deschler’s Procedure in the U.S. House ly divided among and controlled by the re- of Representatives, the subchapter titled House of Representatives. Oftentimes spective chairs and ranking minority mem- we don’t reflect back on what has been ‘‘Amending Special Rules’’ states: ‘‘a refusal bers of the Committees on Energy and Com- to order the previous question on such a rule accomplished. So this is a good oppor- merce and the Judiciary. After general de- [a special rule reported from the Committee tunity to do that. bate the bill shall be considered for amend- on Rules] opens the resolution to amendment under the five-minute rule. All points b 1315 ment and further debate.’’ (Chapter 21, sec- of order against provisions in the bill are tion 21.2) Section 21.3 continues: ‘‘Upon re- Mr. Speaker, today’s rule provides waived. At the conclusion of consideration of jection of the motion for the previous ques- for consideration of two important the bill for amendment the Committee shall tion on a resolution reported from the Com- bills to update our Nation’s energy rise and report the bill to the House with mittee on Rules, control shifts to the Mem- such amendments as may have been adopted. ber leading the opposition to the previous policies and address the constitutional The previous question shall be considered as deficiencies in recent District of Co- question, who may offer a proper amendment ordered on the bill and amendments thereto or motion and who controls the time for de- lumbia Council actions. to final passage without intervening motion bate thereon.’’ I want to thank the many Members except one motion to recommit with or with- of the House on both sides who contrib- out instructions. If the Committee of the Clearly, the vote on the previous question on a rule does have substantive policy impli- uted to the underlying pieces of legis- Whole rises and reports that it has come to no resolution on the bill, then on the next cations. It is one of the only available tools lation, which will be considered today for those who oppose the Republican major- following the passage of today’s rule. legislative day the House shall, immediately after the third daily order of business under ity’s agenda and allows those with alter- Finally, I do want to join my col- clause 1 of rule XIV, resolve into the Com- native views the opportunity to offer an al- leagues—I am probably the most recent mittee of the Whole for further consideration ternative plan. addition to the House Rules Com- of the bill. Mr. BURGESS. Mr. Speaker, I yield mittee, but I certainly have been there SEC. 9. Clause 1(c) of rule XIX shall not back the balance of my time, and I long enough to appreciate the wise apply to the consideration of H.R. 5189. move the previous question on the res- counsel and guidance of Miles Lackey THE VOTE ON THE PREVIOUS QUESTION: WHAT olution. and certainly wish him well in his fu- IT REALLY MEANS ture endeavors and pray for his suc- This vote, the vote on whether to order the The SPEAKER pro tempore. The cessor. previous question on a special rule, is not question is on ordering the previous The material previously referred to merely a procedural vote. A vote against or- question. dering the previous question is a vote by Ms. SLAUGHTER is as follows: against the Republican majority agenda and The question was taken; and the AN AMENDMENT TO H. RES. 744 OFFERED BY a vote to allow the Democratic minority to Speaker pro tempore announced that MS. SLAUGHTER offer an alternative plan. It is a vote about the ayes appeared to have it. At the end of the resolution, add the fol- what the House should be debating. lowing new sections: Mr. Clarence Cannon’s Precedents of the Ms. SLAUGHTER. Mr. Speaker, on SEC. 6. Immediately upon adoption of this House of Representatives (VI, 308–311), de- that I demand the yeas and nays. resolution the Speaker shall, pursuant to scribes the vote on the previous question on The yeas and nays were ordered. clause 2(b) of rule XVIII, declare the House the rule as ‘‘a motion to direct or control the resolved into the Committee of the Whole consideration of the subject before the House The SPEAKER pro tempore. Pursu- House on the state of the Union for consider- being made by the Member in charge.’’ To ant to clause 9 of rule XX, the Chair ation of the bill (H.R. 430) to amend the Fed- defeat the previous question is to give the will reduce to 5 minutes the minimum eral Election Campaign Act of 1971 to pro- opposition a chance to decide the subject be- time for any electronic vote on the vide for additional disclosure requirements fore the House. Cannon cites the Speaker’s question of adoption of the resolution. for corporations, labor organizations, and ruling of January 13, 1920, to the effect that other entities, and for other purposes. The ‘‘the refusal of the House to sustain the de- The vote was taken by electronic de- first reading of the bill shall be dispensed mand for the previous question passes the vice, and there were—yeas 239, nays with. All points of order against consider- control of the resolution to the opposition’’ 176, not voting 18, as follows:

VerDate Sep 11 2014 08:27 May 26, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.019 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3112 CONGRESSIONAL RECORD — HOUSE May 25, 2016 [Roll No. 239] DeGette Kildee Pocan Brady (TX) Hudson Poliquin Delaney Kilmer Polis Brat Huelskamp Pompeo YEAS—239 DeLauro Kind Price (NC) Bridenstine Huizenga (MI) Posey Abraham Griffith Paulsen DelBene Kirkpatrick Quigley Brooks (AL) Hultgren Price, Tom Aderholt Grothman Pearce DeSaulnier Kuster Rangel Brooks (IN) Hunter Ratcliffe Allen Guinta Perry Deutch Langevin Richmond Buchanan Hurd (TX) Reed Amash Guthrie Peterson Dingell Larsen (WA) Roybal-Allard Buck Hurt (VA) Reichert Amodei Hardy Pittenger Doggett Larson (CT) Ruiz Bucshon Issa Renacci Babin Harper Pitts Doyle, Michael Lawrence Ruppersberger Burgess Jenkins (KS) Ribble Barletta Harris Poe (TX) F. Lee Rush Byrne Jenkins (WV) Rice (SC) Barr Hartzler Poliquin Duckworth Levin Ryan (OH) Calvert Johnson (OH) Rigell Barton Heck (NV) Pompeo Edwards Lewis Sa´ nchez, Linda Carter (GA) Johnson, Sam Roby Benishek Hensarling Posey Ellison Lieu, Ted T. Carter (TX) Jolly Roe (TN) Bilirakis Hice, Jody B. Price, Tom Engel Lipinski Sarbanes Chabot Jones Rogers (AL) Bishop (MI) Hill Ratcliffe Eshoo Loebsack Schakowsky Chaffetz Jordan Rogers (KY) Bishop (UT) Holding Reed Esty Lofgren Schiff Clawson (FL) Joyce Rohrabacher Black Hudson Reichert Farr Lowenthal Schrader Coffman Katko Rokita Blackburn Huelskamp Renacci Foster Lowey Scott (VA) Cole Kelly (MS) Rooney (FL) Blum Huizenga (MI) Ribble Frankel (FL) Lujan Grisham Scott, David Collins (GA) Kelly (PA) Ros-Lehtinen Bost Hultgren Rice (SC) Fudge (NM) Serrano Collins (NY) King (IA) Roskam Boustany Hunter Rigell Gabbard Luja´ n, Ben Ray Sewell (AL) Comstock King (NY) Ross Brady (TX) Hurd (TX) Roby Gallego (NM) Sherman Conaway Kinzinger (IL) Rothfus Brat Hurt (VA) Roe (TN) Garamendi Lynch Sinema Cook Kline Rouzer Bridenstine Issa Rogers (KY) Graham Maloney, Sires Costa Knight Royce Brooks (AL) Jenkins (KS) Rohrabacher Grayson Carolyn Slaughter Costello (PA) Labrador Russell Brooks (IN) Jenkins (WV) Rokita Green, Al Maloney, Sean Smith (WA) Crawford LaHood Salmon Buchanan Johnson (OH) Rooney (FL) Green, Gene Matsui Swalwell (CA) Crenshaw LaMalfa Sanford Buck Johnson, Sam Ros-Lehtinen Grijalva McCollum Takano Culberson Lamborn Scalise Bucshon Jolly Roskam Gutie´rrez McDermott Thompson (CA) Curbelo (FL) Lance Schweikert Burgess Jones Ross Hahn McGovern Thompson (MS) Davis, Rodney Latta Scott, Austin Byrne Jordan Rothfus Hastings McNerney Titus Denham LoBiondo Sensenbrenner Calvert Joyce Rouzer Heck (WA) Meeks Tonko Dent Long Sessions Carter (GA) Katko Royce Higgins Meng Torres DeSantis Loudermilk Shimkus Carter (TX) Kelly (MS) Russell Himes Moore Tsongas DesJarlais Love Shuster Chabot Kelly (PA) Salmon Hinojosa Moulton Van Hollen Diaz-Balart Lucas Simpson Chaffetz King (IA) Sanford Honda Murphy (FL) Vargas Dold Luetkemeyer Smith (MO) Clawson (FL) King (NY) Scalise Hoyer Nadler Veasey Donovan Lummis Smith (NE) Coffman Kinzinger (IL) Schweikert Huffman Napolitano Vela Duffy MacArthur Smith (NJ) Cole Kline Scott, Austin Israel Neal Vela´ zquez Duncan (SC) Marchant Smith (TX) Collins (NY) Knight Sensenbrenner Jackson Lee Nolan Visclosky Duncan (TN) Marino Stefanik Comstock Labrador Sessions Jeffries Pallone Walz Ellmers (NC) Massie Stewart Conaway LaHood Shimkus Johnson (GA) Pascrell Wasserman Emmer (MN) McCarthy Stivers Cook LaMalfa Shuster Johnson, E. B. Payne Schultz Farenthold McCaul Stutzman Costa Lamborn Simpson Kaptur Pelosi Waters, Maxine Fitzpatrick McClintock Thompson (PA) Costello (PA) Lance Smith (MO) Keating Perlmutter Watson Coleman Fleischmann McHenry Thornberry Cramer Latta Smith (NE) Kelly (IL) Peters Welch Fleming McKinley Tiberi Crawford LoBiondo Smith (NJ) Kennedy Pingree Wilson (FL) Flores McMorris Tipton Forbes Rodgers Trott Crenshaw Long Smith (TX) NOT VOTING—18 Culberson Loudermilk Stefanik Fortenberry McSally Turner Curbelo (FL) Love Stewart Ca´ rdenas Hanna Rogers (AL) Foxx Meadows Upton Davis, Rodney Lucas Stivers Castro (TX) Herrera Beutler Sanchez, Loretta Franks (AZ) Meehan Valadao Denham Luetkemeyer Stutzman Collins (GA) Miller (FL) Speier Frelinghuysen Messer Wagner Dent Lummis Thompson (PA) Fattah Norcross Takai Garrett Mica Walberg DeSantis MacArthur Thornberry Fincher O’Rourke Whitfield Gibbs Miller (FL) Walden DesJarlais Marchant Tiberi Granger Rice (NY) Yarmuth Gibson Miller (MI) Walker Diaz-Balart Marino Tipton Gohmert Moolenaar Walorski Dold Massie Trott Goodlatte Mooney (WV) Walters, Mimi Donovan McCarthy Turner b 1336 Gosar Mullin Weber (TX) Duffy McCaul Upton Mr. POE of Texas changed his vote Gowdy Mulvaney Webster (FL) Duncan (SC) McClintock Valadao Graves (GA) Murphy (PA) Wenstrup Duncan (TN) McHenry Wagner from ‘‘nay’’ to ‘‘yea.’’ Graves (LA) Neugebauer Westerman Ellmers (NC) McKinley Walberg So the previous question was ordered. Graves (MO) Newhouse Westmoreland Emmer (MN) McMorris Walden The result of the vote was announced Griffith Noem Whitfield Farenthold Rodgers Walker as above recorded. Grothman Nugent Williams Fitzpatrick McSally Walorski Guinta Nunes Wilson (SC) Fleischmann Meadows Walters, Mimi Stated for: Guthrie Olson Wittman Fleming Meehan Weber (TX) Mr. MILLER of Florida. Mr. Speaker, due to Hardy Palazzo Womack Flores Messer Webster (FL) being unavoidably detained, I missed the fol- Harper Palmer Woodall Forbes Mica Wenstrup Harris Paulsen Yoder Fortenberry Miller (MI) Westerman lowing rollcall Vote: No. 239 on May 25, 2016. Hartzler Pearce Yoho Foxx Moolenaar Westmoreland If present, I would have voted: Heck (NV) Perry Young (AK) Franks (AZ) Mooney (WV) Williams Rollcall Vote No. 239—On Ordering the Pre- Hensarling Peterson Young (IA) Hice, Jody B. Pittenger Young (IN) Frelinghuysen Mullin Wilson (SC) vious Question, ‘‘aye’’ Garrett Mulvaney Wittman Hill Pitts Zeldin Gibbs Murphy (PA) Womack The SPEAKER pro tempore. The Holding Poe (TX) Zinke Gibson Neugebauer Woodall question is on the resolution. Gohmert Newhouse Yoder The question was taken; and the NAYS—171 Goodlatte Noem Yoho Adams Cartwright DelBene Gosar Nugent Young (AK) Speaker pro tempore announced that the ayes appeared to have it. Aguilar Castor (FL) DeSaulnier Gowdy Nunes Young (IA) Ashford Chu, Judy Deutch Graves (GA) Olson Young (IN) Ms. SLAUGHTER. Mr. Speaker, on Bass Cicilline Dingell Graves (LA) Palazzo Zeldin that I demand the yeas and nays. Beatty Clark (MA) Doggett Graves (MO) Palmer Zinke The yeas and nays were ordered. Becerra Clarke (NY) Doyle, Michael Bera Clay F. NAYS—176 The SPEAKER pro tempore. This is a Beyer Cleaver Duckworth Adams Brown (FL) Clay 5-minute vote. Bishop (GA) Clyburn Edwards Aguilar Brownley (CA) Cleaver The vote was taken by electronic de- Blumenauer Cohen Ellison Ashford Bustos Clyburn vice, and there were—yeas 242, nays Bonamici Connolly Engel Bass Butterfield Cohen Boyle, Brendan Conyers Eshoo Beatty Capps Connolly 171, not voting 20, as follows: F. Cooper Esty Becerra Capuano Conyers [Roll No. 240] Brady (PA) Courtney Farr Bera Carney Cooper Brown (FL) Crowley Foster Beyer Carson (IN) Courtney YEAS—242 Brownley (CA) Cuellar Frankel (FL) Bishop (GA) Cartwright Crowley Abraham Barletta Bishop (UT) Bustos Cummings Fudge Blumenauer Castor (FL) Cuellar Aderholt Barr Black Butterfield Davis (CA) Gabbard Bonamici Chu, Judy Cummings Allen Barton Blackburn Capps Davis, Danny Gallego Boyle, Brendan Cicilline Davis (CA) Amash Benishek Blum Capuano DeFazio Garamendi F. Clark (MA) Davis, Danny Amodei Bilirakis Bost Carney Delaney Graham Brady (PA) Clarke (NY) DeFazio Babin Bishop (MI) Boustany Carson (IN) DeLauro Grayson

VerDate Sep 11 2014 03:26 May 26, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.007 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3113 Green, Al Lujan Grisham Sa´ nchez, Linda The Clerk read the title of the bill. McDermott Richmond Smith (WA) Grijalva (NM) T. The Acting CHAIR. When the Com- Meadows Roby Stefanik Gutie´rrez Luja´ n, Ben Ray Sarbanes Meehan Rogers (AL) Stutzman Hahn (NM) Schakowsky mittee of the Whole rose on Tuesday, Mica Rogers (KY) Swalwell (CA) Hastings Lynch Schiff May 24, 2016, a request for a recorded Miller (FL) Rokita Takano Heck (WA) Maloney, Schrader vote on an amendment offered by the Miller (MI) Rooney (FL) Thompson (MS) Carolyn Higgins Scott (VA) gentleman from California (Mr. Murphy (FL) Ros-Lehtinen Thompson (PA) Himes Maloney, Sean Scott, David Murphy (PA) Ross Vargas Matsui ARAMENDI Honda Serrano G ), had been postponed and Nadler Rothfus Walker McCollum Napolitano Royce Hoyer Sewell (AL) the bill had been read through page 80, Walorski McDermott Newhouse Russell Huffman Sherman line 12. Wasserman McGovern Nugent Ryan (OH) Israel Sinema Schultz Jackson Lee McNerney Sires ANNOUNCEMENT BY THE ACTING CHAIR Pascrell Sa´ nchez, Linda Meeks Perry T. Webster (FL) Jeffries Slaughter The Acting CHAIR. Pursuant to Wenstrup Johnson, E. B. Meng Smith (WA) Peterson Schakowsky Moore clause 6 of rule XVIII, proceedings will Williams Kaptur Speier Poliquin Schweikert Moulton Wilson (SC) Keating Swalwell (CA) now resume on those amendments on Polis Sessions Murphy (FL) Yoho Kelly (IL) Takano which further proceedings were post- Posey Sinema Nadler Reed Sires Young (AK) Kennedy Thompson (CA) Napolitano poned, in the following order: Rice (SC) Smith (NJ) Zinke Kildee Thompson (MS) Neal Amendment by Mr. CLAWSON of Flor- Kilmer Titus Nolan ida. NOES—275 Kind Pallone Tonko Amendment by Mr. MCNERNEY of Kirkpatrick Pascrell Torres Abraham Foster Maloney, Kuster Payne Tsongas California. Adams Foxx Carolyn Langevin Perlmutter Van Hollen Amendment by Mr. GRIFFITH of Vir- Aderholt Franks (AZ) Marchant Larsen (WA) Pingree Vargas ginia. Aguilar Frelinghuysen Marino Larson (CT) Pocan Veasey Allen Fudge Massie Lawrence Polis Vela Amendment by Mr. BUCK of Colorado. Babin Gallego Matsui Lee Price (NC) Vela´ zquez Amendment by Mr. POLIS of Colo- Barr Garrett McCarthy Levin Quigley Visclosky rado. Barton Gibbs McCaul Lewis Rangel Walz Bass Gohmert McClintock OLIS Lieu, Ted Richmond Wasserman Amendment by Mr. P of Colo- Beatty Goodlatte McCollum Lipinski Roybal-Allard Schultz rado. Becerra Gosar McGovern Loebsack Ruiz Waters, Maxine The Chair will reduce to 2 minutes Bishop (GA) Gowdy McHenry Bishop (MI) Graves (LA) McKinley Lofgren Ruppersberger Watson Coleman the time for any electronic vote after Lowenthal Rush Welch Bishop (UT) Graves (MO) McMorris Lowey Ryan (OH) Wilson (FL) the first vote in this series. Black Green, Al Rodgers Blackburn Green, Gene McNerney AMENDMENT OFFERED BY MR. CLAWSON OF NOT VOTING—20 Blumenauer Grijalva McSally FLORIDA Ca´ rdenas Green, Gene Pelosi Bost Grothman Meeks Castro (TX) Hanna Peters The Acting CHAIR. The unfinished Boustany Guinta Meng Bridenstine Guthrie Messer Cramer Herrera Beutler Rice (NY) business is the demand for a recorded Brooks (AL) Gutie´rrez Moolenaar DeGette Hinojosa Sanchez, Loretta vote on the amendment offered by the Fattah Johnson (GA) Brooks (IN) Hahn Mooney (WV) Takai gentleman from Florida (Mr. CLAWSON) Buck Hardy Moore Fincher Norcross Yarmuth Granger O’Rourke on which further proceedings were Bucshon Harper Moulton postponed and on which the noes pre- Butterfield Hartzler Mullin b 1342 Calvert Heck (NV) Mulvaney vailed by voice vote. Capps Hensarling Neal So the resolution was agreed to. The Clerk will redesignate the Carson (IN) Hice, Jody B. Neugebauer The result of the vote was announced amendment. Carter (TX) Higgins Noem as above recorded. Cartwright Hill Nolan The Clerk redesignated the amend- Chaffetz Hinojosa Nunes A motion to reconsider was laid on ment. Chu, Judy Holding Olson the table. RECORDED VOTE Cicilline Honda Palazzo Stated against: Clark (MA) Hoyer Pallone The Acting CHAIR. A recorded vote Mr. GENE GREEN of Texas. Mr. Chair, I Clarke (NY) Hudson Palmer has been demanded. Clay Huelskamp Paulsen was unavoidably detained. Had I been A recorded vote was ordered. Cleaver Huffman Payne present, I would have voted: The Acting CHAIR. This is a 2- Clyburn Hultgren Pearce Rollcall No. 240, ‘‘nay.’’ Coffman Hurd (TX) Perlmutter Mr. HINOJOSA. Mr. Chair, I was unavoid- minute vote. Cole Israel Peters Collins (NY) Issa Pingree ably detained. Had I been present, I would The vote was taken by electronic device, and there were—ayes 143, noes 275, Comstock Jackson Lee Pittenger have voted: Conaway Jeffries Pitts Rollcall No. 240, ‘‘no.’’ not voting 15, as follows: Connolly Jenkins (KS) Pocan [Roll No. 241] Conyers Jenkins (WV) Poe (TX) f Cook Johnson, Sam Pompeo AYES—143 ENERGY AND WATER DEVELOP- Cooper Joyce Price (NC) Amash Crawford Heck (WA) Costa Kaptur Price, Tom MENT AND RELATED AGENCIES Amodei Crenshaw Himes Costello (PA) Keating Quigley APPROPRIATIONS ACT, 2017 Ashford Curbelo (FL) Huizenga (MI) Cramer Kelly (IL) Rangel Barletta Davis, Rodney Hunter Crowley Kelly (MS) Ratcliffe The SPEAKER pro tempore. Pursu- Benishek DeFazio Hurt (VA) Cuellar Kelly (PA) Reichert ant to House Resolution 743 and rule Bera DeGette Johnson (GA) Culberson Kennedy Renacci XVIII, the Chair declares the House in Beyer Delaney Johnson (OH) Cummings Kind Ribble the Committee of the Whole House on Bilirakis DeLauro Johnson, E. B. Davis (CA) King (NY) Rigell Blum DelBene Jolly Davis, Danny Kline Roe (TN) the state of the Union for the further Bonamici Denham Jones Dent Knight Rohrabacher consideration of the bill, H.R. 5055. Boyle, Brendan DeSantis Jordan DesJarlais Kuster Roskam Will the gentleman from Illinois (Mr. F. DeSaulnier Katko Dingell Labrador Rouzer Brady (PA) Deutch Kildee Doggett LaMalfa Roybal-Allard HULTGREN) kindly take the chair. Brady (TX) Diaz-Balart Kilmer Dold Lamborn Ruiz b 1344 Brat Doyle, Michael King (IA) Donovan Lance Ruppersberger Brown (FL) F. Kirkpatrick Duckworth Langevin Rush IN THE COMMITTEE OF THE WHOLE Brownley (CA) Duncan (SC) LaHood Duffy Latta Salmon Accordingly, the House resolved Buchanan Duncan (TN) Larsen (WA) Edwards Lawrence Sanford Burgess Esty Larson (CT) Ellison Lee Sarbanes itself into the Committee of the Whole Bustos Farenthold Lieu, Ted Ellmers (NC) Levin Scalise House on the state of the Union for the Byrne Frankel (FL) Lipinski Emmer (MN) Lewis Schiff further consideration of the bill (H.R. Capuano Gabbard Loebsack Engel LoBiondo Schrader Carney Garamendi Lofgren Eshoo Long Scott (VA) 5055) making appropriations for energy Carter (GA) Gibson Loudermilk Farr Lowenthal Scott, Austin and water development and related Castor (FL) Graham Love Fitzpatrick Lowey Scott, David agencies for the fiscal year ending Sep- Chabot Graves (GA) Lujan Grisham Fleischmann Lucas Sensenbrenner tember 30, 2017, and for other purposes, Clawson (FL) Grayson (NM) Fleming Luetkemeyer Serrano Cohen Griffith Luja´ n, Ben Ray Flores Lummis Sewell (AL) with Mr. HULTGREN (Acting Chair) in Collins (GA) Harris (NM) Forbes Lynch Sherman the chair. Courtney Hastings Maloney, Sean Fortenberry MacArthur Shimkus

VerDate Sep 11 2014 03:26 May 26, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.009 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3114 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Shuster Trott Watson Coleman Kilmer Meng Scott (VA) Sanford Thompson (PA) Wenstrup Simpson Tsongas Weber (TX) Kind Moore Scott, David Scalise Thornberry Westerman Slaughter Turner Welch Kirkpatrick Moulton Serrano Schweikert Tiberi Westmoreland Smith (MO) Upton Westerman Kuster Murphy (FL) Sewell (AL) Scott, Austin Tipton Whitfield Smith (NE) Valadao Westmoreland Langevin Nadler Sherman Sensenbrenner Trott Williams Smith (TX) Van Hollen Whitfield Larsen (WA) Napolitano Sinema Sessions Turner Wilson (SC) Speier Veasey Wilson (FL) Larson (CT) Neal Sires Shimkus Upton Wittman Stewart Vela Wittman Lawrence Nolan Slaughter Shuster Valadao Womack Stivers Vela´ zquez Simpson Vela Womack Lee Pallone Smith (WA) Woodall Thompson (CA) Visclosky Levin Pascrell Smith (MO) Wagner Woodall Speier Yoder Thornberry Wagner Lewis Payne Smith (NE) Walberg Yoder Swalwell (CA) Yoho Tiberi Walberg Lieu, Ted Perlmutter Smith (NJ) Walden Young (IA) Takano Tipton Walden Lipinski Peters Smith (TX) Walker Young (AK) Thompson (CA) Titus Walters, Mimi Young (IN) Loebsack Pingree Stefanik Walorski Young (IA) Thompson (MS) Tonko Walz Zeldin Lofgren Pocan Stewart Walters, Mimi Young (IN) Titus Torres Waters, Maxine Lowenthal Polis Stivers Weber (TX) Zeldin Lowey Price (NC) Tonko Stutzman Webster (FL) Zinke NOT VOTING—15 Lujan Grisham Quigley Torres Ca´ rdenas Hanna Pelosi (NM) Rangel Tsongas NOT VOTING—17 Castro (TX) Herrera Beutler Rice (NY) Luja´ n, Ben Ray Richmond Van Hollen Ca´ rdenas Grijalva Pelosi Fattah Kinzinger (IL) Sanchez, Loretta (NM) Roybal-Allard Vargas Castro (TX) Gutie´rrez Rice (NY) Fincher Norcross Takai Lynch Ruiz Veasey Fattah Hanna Sanchez, Loretta Vela´ zquez Granger O’Rourke Yarmuth Maloney, Ruppersberger Fincher Herrera Beutler Takai Visclosky Carolyn Rush Granger Norcross Yarmuth ANNOUNCEMENT BY THE ACTING CHAIR Maloney, Sean Ryan (OH) Walz Graves (LA) O’Rourke The Acting CHAIR (during the vote). Matsui Sa´ nchez, Linda Wasserman ANNOUNCEMENT BY THE ACTING CHAIR There is 1 minute remaining. McCollum T. Schultz McDermott Sarbanes Waters, Maxine The Acting CHAIR (during the vote). McGovern Schakowsky Watson Coleman There is 1 minute remaining. b 1348 McNerney Schiff Welch Meeks Schrader Wilson (FL) Messrs. GARRETT and BARR b 1352 changed their vote from ‘‘aye’’ to ‘‘no.’’ NOES—247 So the amendment was rejected. Ms. MICHELLE LUJAN GRISHAM of Abraham Fitzpatrick Luetkemeyer The result of the vote was announced New Mexico changed her vote from Aderholt Fleischmann Lummis as above recorded. ‘‘no’’ to ‘‘aye.’’ Allen Fleming MacArthur Amash Flores Marchant AMENDMENT OFFERED BY MR. GRIFFITH So the amendment was rejected. Amodei Forbes Marino The Acting CHAIR. The unfinished The result of the vote was announced Ashford Fortenberry Massie business is the demand for a recorded as above recorded. Babin Foxx McCarthy Barletta Franks (AZ) McCaul vote on the amendment offered by the AMENDMENT OFFERED BY MR. MCNERNEY Barr Frelinghuysen McClintock gentleman from Virginia (Mr. GRIF- The Acting CHAIR. The unfinished Barton Garrett McHenry FITH) on which further proceedings business is the demand for a recorded Benishek Gibbs McKinley were postponed and on which the ayes Bilirakis Gibson McMorris vote on the amendment offered by the Bishop (MI) Gohmert Rodgers prevailed by voice vote. gentleman from California (Mr. Bishop (UT) Goodlatte McSally The Clerk will redesignate the MCNERNEY) on which further pro- Black Gosar Meadows amendment. ceedings were postponed and on which Blackburn Gowdy Meehan Blum Graves (GA) Messer The Clerk redesignated the amend- the noes prevailed by voice vote. Bost Graves (MO) Mica ment. The Clerk will redesignate the Boustany Griffith Miller (FL) RECORDED VOTE amendment. Brady (TX) Grothman Miller (MI) Brat Guinta Moolenaar The Acting CHAIR. A recorded vote The Clerk redesignated the amend- Bridenstine Guthrie Mooney (WV) has been demanded. ment. Brooks (AL) Hardy Mullin A recorded vote was ordered. RECORDED VOTE Brooks (IN) Harper Mulvaney Buchanan Harris Murphy (PA) The Acting CHAIR. This is a 2- The Acting CHAIR. A recorded vote Buck Hartzler Neugebauer minute vote. has been demanded. Bucshon Heck (NV) Newhouse The vote was taken by electronic de- A recorded vote was ordered. Burgess Hensarling Noem vice, and there were—ayes 182, noes 236, Byrne Hice, Jody B. Nugent The Acting CHAIR. This will be a 2- Calvert Hill Nunes not voting 15, as follows: minute vote. Carney Holding Olson [Roll No. 243] Carter (GA) Hudson Palazzo The vote was taken by electronic de- AYES—182 vice, and there were—ayes 169, noes 247, Carter (TX) Huelskamp Palmer Chabot Huizenga (MI) Paulsen Abraham Comstock Harris not voting 17, as follows: Chaffetz Hultgren Pearce Aderholt Conaway Hartzler [Roll No. 242] Clawson (FL) Hunter Perry Allen Cook Hensarling Coffman Hurd (TX) Peterson Amash Cramer Hice, Jody B. AYES—169 Cole Hurt (VA) Pittenger Amodei Crawford Holding Adams Clyburn Frankel (FL) Collins (GA) Issa Pitts Babin Crenshaw Hudson Aguilar Cohen Fudge Collins (NY) Jenkins (KS) Poe (TX) Barletta Davis, Rodney Huelskamp Bass Connolly Gabbard Comstock Jenkins (WV) Poliquin Barr Dent Huizenga (MI) Beatty Conyers Gallego Conaway Johnson (OH) Pompeo Barton DeSantis Hultgren Becerra Cooper Garamendi Cook Johnson, Sam Posey Benishek DesJarlais Hunter Bera Courtney Graham Costa Jolly Price, Tom Bilirakis Donovan Hurd (TX) Beyer Crowley Grayson Costello (PA) Jones Ratcliffe Bishop (MI) Duffy Hurt (VA) Bishop (GA) Cummings Green, Al Cramer Jordan Reed Bishop (UT) Duncan (SC) Issa Blumenauer Davis (CA) Green, Gene Crawford Joyce Reichert Black Duncan (TN) Jenkins (WV) Bonamici Davis, Danny Hahn Crenshaw Katko Renacci Blackburn Ellmers (NC) Johnson (OH) Boyle, Brendan DeFazio Hastings Cuellar Kelly (MS) Ribble Bost Farenthold Johnson, Sam F. DeGette Heck (WA) Culberson Kelly (PA) Rice (SC) Boustany Fleming Jordan Brady (PA) Delaney Higgins Curbelo (FL) King (IA) Rigell Brady (TX) Flores Kelly (MS) Brown (FL) DeLauro Himes Davis, Rodney King (NY) Roby Brat Forbes King (NY) Brownley (CA) DelBene Hinojosa Denham Kinzinger (IL) Roe (TN) Bridenstine Franks (AZ) Kinzinger (IL) Bustos DeSaulnier Honda Dent Kline Rogers (AL) Brooks (AL) Frelinghuysen Kline Butterfield Deutch Hoyer DeSantis Knight Rogers (KY) Buck Gibbs Knight Capps Dingell Huffman DesJarlais Labrador Rohrabacher Bucshon Goodlatte Labrador Capuano Doggett Israel Diaz-Balart LaHood Rokita Burgess Gosar LaHood Carson (IN) Doyle, Michael Jackson Lee Dold LaMalfa Rooney (FL) Byrne Gowdy LaMalfa Cartwright F. Jeffries Donovan Lamborn Ros-Lehtinen Calvert Graves (GA) Lamborn Castor (FL) Duckworth Johnson (GA) Duffy Lance Roskam Carter (GA) Graves (LA) Latta Chu, Judy Edwards Johnson, E. B. Duncan (SC) Latta Ross Carter (TX) Graves (MO) Loudermilk Cicilline Engel Kaptur Duncan (TN) LoBiondo Rothfus Chabot Griffith Lucas Clark (MA) Eshoo Keating Ellison Long Rouzer Coffman Grothman Luetkemeyer Clarke (NY) Esty Kelly (IL) Ellmers (NC) Loudermilk Royce Cole Guthrie Lummis Clay Farr Kennedy Emmer (MN) Love Russell Collins (GA) Hardy Marchant Cleaver Foster Kildee Farenthold Lucas Salmon Collins (NY) Harper Marino

VerDate Sep 11 2014 03:26 May 26, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.012 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3115 Massie Poe (TX) Stewart Shuster Thompson (PA) Visclosky Beatty Fudge McCaul McCarthy Posey Stivers Sinema Titus Walden Becerra Gabbard McCollum McCaul Price, Tom Stutzman Sires Tonko Walz Benishek Gallego McDermott McClintock Ratcliffe Thornberry Slaughter Torres Wasserman Bera Garamendi McGovern McHenry Renacci Tiberi Smith (NJ) Tsongas Schultz Beyer Gibbs McKinley McKinley Rice (SC) Tipton Smith (WA) Upton Waters, Maxine Bilirakis Gibson McMorris McMorris Rigell Trott Speier Valadao Watson Coleman Bishop (GA) Goodlatte Rodgers Rodgers Roby Turner Stefanik Van Hollen Welch Bishop (MI) Graham McNerney Meadows Roe (TN) Wagner Swalwell (CA) Vargas Wilson (FL) Blum Graves (GA) McSally Meehan Rogers (AL) Walberg Takano Veasey Yoder Blumenauer Graves (MO) Meehan Messer Rogers (KY) Walker Thompson (CA) Vela Young (IA) Bonamici Grayson Meeks Miller (FL) Rokita Walorski Thompson (MS) Vela´ zquez Zeldin Bost Green, Al Meng Moolenaar Rooney (FL) Walters, Mimi Mica NOT VOTING—15 Boustany Green, Gene Mooney (WV) Roskam Weber (TX) Boyle, Brendan Griffith Miller (MI) Mullin Ross Webster (FL) Ca´ rdenas Granger Pelosi F. Grijalva Moolenaar Mulvaney Rothfus Wenstrup Castro (TX) Hanna Rice (NY) Brady (PA) Guinta Mooney (WV) Murphy (PA) Rouzer Westerman Ellison Herrera Beutler Sanchez, Loretta Brooks (IN) Guthrie Moore Neugebauer Russell Westmoreland Fattah Norcross Takai Brown (FL) Gutie´rrez Moulton Newhouse Scalise Whitfield Fincher O’Rourke Yarmuth Brownley (CA) Hahn Murphy (FL) Noem Schweikert Williams Buchanan Hardy Murphy (PA) Nugent Scott, Austin Wilson (SC) ANNOUNCEMENT BY THE ACTING CHAIR Bucshon Harper Nadler Nunes Sensenbrenner Wittman The Acting CHAIR (during the vote). Bustos Hartzler Napolitano Olson Sessions Womack There is 1 minute remaining. Butterfield Hastings Neal Palazzo Shimkus Woodall Byrne Heck (NV) Newhouse Palmer Simpson Yoho Calvert Heck (WA) Noem Pearce Smith (MO) Young (AK) b 1357 Capps Hice, Jody B. Nolan Perry Smith (NE) Young (IN) ´ Capuano Higgins Nugent Pittenger Smith (TX) Zinke Mr. BEN RAY LUJAN of New Mexico Carney Hill Nunes changed his vote from ‘‘aye’’ to ‘‘no.’’ Carson (IN) Himes Palazzo NOES—236 Mr. COLE changed his vote from Carter (GA) Hinojosa Pallone Adams Esty Lowenthal ‘‘no’’ to ‘‘aye.’’ Carter (TX) Honda Palmer Cartwright Hoyer Pascrell Aguilar Farr Lowey So the amendment was rejected. Ashford Fitzpatrick Lujan Grisham Castor (FL) Huffman Paulsen Bass Fleischmann (NM) The result of the vote was announced Chu, Judy Hunter Payne Beatty Fortenberry Luja´ n, Ben Ray as above recorded. Cicilline Hurd (TX) Pearce Becerra Foster (NM) Clark (MA) Hurt (VA) Perlmutter AMENDMENT OFFERED BY MR. BUCK Bera Foxx Lynch Clarke (NY) Israel Peters Beyer Frankel (FL) MacArthur The Acting CHAIR. The unfinished Clay Issa Peterson Bishop (GA) Fudge Maloney, business is the demand for a recorded Cleaver Jackson Lee Pingree Blum Gabbard Carolyn vote on the amendment offered by the Clyburn Jeffries Pocan Blumenauer Gallego Maloney, Sean Coffman Jenkins (WV) Poe (TX) Bonamici Garamendi Matsui gentleman from Colorado (Mr. BUCK) Cohen Johnson (GA) Poliquin Boyle, Brendan Garrett McCollum on which further proceedings were Cole Johnson (OH) Polis F. Gibson McDermott postponed and on which the noes pre- Collins (GA) Johnson, E. B. Price (NC) Brady (PA) Gohmert McGovern Collins (NY) Jolly Quigley Brooks (IN) Graham McNerney vailed by voice vote. Comstock Joyce Rangel Brown (FL) Grayson McSally The Clerk will redesignate the Conaway Kaptur Reed Brownley (CA) Green, Al Meeks amendment. Connolly Katko Reichert Buchanan Green, Gene Meng The Clerk redesignated the amend- Conyers Keating Renacci Bustos Grijalva Mica Cook Kelly (IL) Richmond Butterfield Guinta Miller (MI) ment. Cooper Kelly (MS) Rigell Capps Gutie´rrez Moore RECORDED VOTE Costa Kelly (PA) Roby Capuano Hahn Moulton Costello (PA) Kennedy Rogers (AL) Carney Hastings Murphy (FL) The Acting CHAIR. A recorded vote Courtney Kildee Rogers (KY) Carson (IN) Heck (NV) Nadler has been demanded. Cramer Kilmer Rooney (FL) Cartwright Heck (WA) Napolitano A recorded vote was ordered. Crawford Kind Ros-Lehtinen Castor (FL) Higgins Neal The Acting CHAIR. This will be a 2- Crenshaw King (IA) Roskam Chaffetz Hill Nolan Crowley King (NY) Rothfus Chu, Judy Himes Pallone minute vote. Cuellar Kinzinger (IL) Roybal-Allard Cicilline Hinojosa Pascrell The vote was taken by electronic de- Culberson Kirkpatrick Ruiz Clark (MA) Honda Paulsen vice, and there were—ayes 80, noes 339, Cummings Kline Ruppersberger Clarke (NY) Hoyer Payne Curbelo (FL) Kuster Rush Clawson (FL) Huffman Perlmutter not voting 14, as follows: Davis (CA) Labrador Russell Clay Israel Peters [Roll No. 244] Davis, Danny LaHood Ryan (OH) Cleaver Jackson Lee Peterson AYES—80 Davis, Rodney Lamborn Salmon Clyburn Jeffries Pingree DeFazio Lance Sa´ nchez, Linda Cohen Jenkins (KS) Pitts Amash Harris Pompeo DeGette Langevin T. Connolly Johnson (GA) Pocan Bishop (UT) Hensarling Posey Delaney Larsen (WA) Sarbanes Conyers Johnson, E. B. Poliquin Black Holding Price, Tom DeLauro Larson (CT) Schakowsky Cooper Jolly Polis Blackburn Hudson Ratcliffe DelBene Latta Schiff Costa Jones Pompeo Brady (TX) Huelskamp Ribble Denham Lawrence Schrader Costello (PA) Joyce Price (NC) Brat Huizenga (MI) Rice (SC) Dent Lee Scott (VA) Courtney Kaptur Quigley Bridenstine Hultgren Roe (TN) DeSaulnier Levin Scott, Austin Crowley Katko Rangel Brooks (AL) Jenkins (KS) Rohrabacher Deutch Lewis Scott, David Cuellar Keating Reed Buck Johnson, Sam Rokita Diaz-Balart Lieu, Ted Serrano Culberson Kelly (IL) Reichert Burgess Jones Ross Dingell Lipinski Sewell (AL) Chabot Jordan Cummings Kelly (PA) Ribble Rouzer Doggett LoBiondo Sherman Chaffetz Knight Curbelo (FL) Kennedy Richmond Royce Dold Loebsack Shimkus Clawson (FL) LaMalfa Davis (CA) Kildee Rohrabacher Sanford Donovan Lofgren Shuster DeSantis Love Davis, Danny Kilmer Ros-Lehtinen Scalise Doyle, Michael Long Simpson DeFazio Kind Roybal-Allard DesJarlais Massie F. Loudermilk Sinema Schweikert DeGette King (IA) Royce Duncan (TN) McClintock Duckworth Lowenthal Sires Sensenbrenner Delaney Kirkpatrick Ruiz Farenthold McHenry Duffy Lowey Slaughter Sessions DeLauro Kuster Ruppersberger Fleming Meadows Duncan (SC) Lucas Smith (MO) DelBene Lance Rush Flores Messer Stewart Edwards Luetkemeyer Smith (NE) Denham Langevin Ryan (OH) Foxx Miller (FL) Stutzman Ellison Lujan Grisham Smith (NJ) DeSaulnier Larsen (WA) Salmon Franks (AZ) Mullin Walberg Ellmers (NC) (NM) Smith (TX) Deutch Larson (CT) Sa´ nchez, Linda Garrett Mulvaney Walker Emmer (MN) Luja´ n, Ben Ray Smith (WA) Diaz-Balart Lawrence T. Gohmert Neugebauer Webster (FL) Engel (NM) Speier Dingell Lee Sanford Gosar Olson Wenstrup Eshoo Lummis Stefanik Doggett Levin Sarbanes Gowdy Perry Woodall Esty Lynch Stivers Dold Lewis Schakowsky Graves (LA) Pittenger Yoho Farr MacArthur Swalwell (CA) Doyle, Michael Lieu, Ted Schiff Grothman Pitts Young (IN) Fitzpatrick Maloney, Takano F. Lipinski Schrader Fleischmann Carolyn Thompson (CA) Duckworth LoBiondo Scott (VA) NOES—339 Forbes Maloney, Sean Thompson (MS) Edwards Loebsack Scott, David Abraham Allen Barletta Fortenberry Marchant Thompson (PA) Emmer (MN) Lofgren Serrano Adams Amodei Barr Foster Marino Thornberry Engel Long Sewell (AL) Aderholt Ashford Barton Frankel (FL) Matsui Tiberi Eshoo Love Sherman Aguilar Babin Bass Frelinghuysen McCarthy Tipton

VerDate Sep 11 2014 03:26 May 26, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.014 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3116 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Titus Visclosky Westmoreland Luja´ n, Ben Ray Perlmutter Sherman Thornberry Walker Womack Tonko Wagner Whitfield (NM) Pingree Smith (WA) Tiberi Walorski Woodall Torres Walden Williams Lynch Pocan Speier Tipton Walters, Mimi Yoder Trott Walorski Wilson (FL) Maloney, Polis Stefanik Trott Weber (TX) Yoho Tsongas Walters, Mimi Wilson (SC) Carolyn Price (NC) Swalwell (CA) Turner Wenstrup Young (AK) Turner Walz Wittman Maloney, Sean Quigley Takano Upton Westerman Young (IA) Upton Wasserman Womack Matsui Rangel Thompson (CA) Valadao Westmoreland Young (IN) Valadao Schultz Yoder McCollum Reichert Titus Vela Whitfield Zeldin Van Hollen Waters, Maxine Wagner Williams Young (AK) McDermott Ros-Lehtinen Tonko Zinke Vargas Watson Coleman McGovern Roybal-Allard Torres Walberg Wilson (SC) Young (IA) Veasey Weber (TX) McNerney Ruiz Tsongas Walden Wittman Zeldin Vela Welch Meeks Ruppersberger Van Hollen Zinke Vela´ zquez Westerman Meng Rush Vargas NOT VOTING—15 Moore Sa´ nchez, Linda Veasey Ca´ rdenas Hanna Rice (NY) NOT VOTING—14 Moulton T. Vela´ zquez Castro (TX) Herrera Beutler Sanchez, Loretta Ca´ rdenas Hanna Rice (NY) Murphy (FL) Sanford Visclosky Fattah Norcross Takai Castro (TX) Herrera Beutler Sanchez, Loretta Nadler Sarbanes Walz Fincher O’Rourke Webster (FL) Fattah Norcross Takai Napolitano Schakowsky Wasserman Granger Pelosi Yarmuth Fincher O’Rourke Yarmuth Neal Schiff Schultz Granger Pelosi Nolan Schrader Waters, Maxine ANNOUNCEMENT BY THE ACTING CHAIR Pallone Scott (VA) Watson Coleman The Acting CHAIR (during the vote). ANNOUNCEMENT BY THE ACTING CHAIR Pascrell Scott, David Welch There is 1 minute remaining. The Acting CHAIR (during the vote). Payne Serrano Wilson (FL) There is 1 minute remaining. b 1405 NOES—251 So the amendment was rejected. b 1401 Abraham Frelinghuysen Meadows Aderholt Garrett Meehan The result of the vote was announced Messrs. FORBES and WITTMAN Allen Gibbs Messer as above recorded. changed their vote from ‘‘aye’’ to ‘‘no.’’ Amash Gohmert Mica Amodei Goodlatte Miller (FL) AMENDMENT OFFERED BY MR. POLIS So the amendment was rejected. Ashford Gosar Miller (MI) The Acting CHAIR. The unfinished The result of the vote was announced Babin Gowdy Moolenaar business is the demand for a recorded as above recorded. Barletta Graves (GA) Mooney (WV) Barr Graves (LA) Mullin vote on the amendment offered by the AMENDMENT OFFERED BY MR. POLIS Barton Graves (MO) Mulvaney gentleman from Colorado (Mr. POLIS) The Acting CHAIR. The unfinished Benishek Green, Al Murphy (PA) on which further proceedings were business is the demand for a recorded Bilirakis Green, Gene Neugebauer postponed and on which the noes pre- Bishop (GA) Griffith Newhouse vote on the amendment offered by the Bishop (MI) Grothman Noem vailed by voice vote. gentleman from Colorado (Mr. POLIS) Bishop (UT) Guinta Nugent The Clerk will redesignate the on which further proceedings were Black Guthrie Nunes amendment. postponed and on which the noes pre- Blackburn Hardy Olson Blum Harper Palazzo The Clerk redesignated the amend- vailed by voice vote. Bost Harris Palmer ment. The Clerk will redesignate the Boustany Hartzler Paulsen RECORDED VOTE amendment. Brady (TX) Heck (NV) Pearce Brat Hensarling Perry The Acting CHAIR. A recorded vote The Clerk redesignated the amend- Bridenstine Hice, Jody B. Peters has been demanded. ment. Brooks (IN) Hill Peterson A recorded vote was ordered. RECORDED VOTE Brown (FL) Hinojosa Pittenger Buchanan Holding Pitts The Acting CHAIR. This will be a 2- The Acting CHAIR. A recorded vote Buck Hudson Poe (TX) minute vote. has been demanded. Bucshon Huelskamp Poliquin The vote was taken by electronic de- A recorded vote was ordered. Burgess Huizenga (MI) Pompeo vice, and there were—ayes 144, noes 275, Byrne Hultgren Posey The Acting CHAIR. This will be a 2- Calvert Hunter Price, Tom not voting 14, as follows: minute vote. Carter (GA) Hurd (TX) Ratcliffe [Roll No. 246] Carter (TX) Hurt (VA) Reed The vote was taken by electronic de- AYES—144 vice, and there were—ayes 167, noes 251, Chabot Issa Renacci Chaffetz Jackson Lee Ribble Adams Gohmert Lujan Grisham not voting 15, as follows: Clawson (FL) Jenkins (KS) Rice (SC) Aguilar Gosar (NM) [Roll No. 245] Clyburn Jenkins (WV) Richmond Amash Graham Lynch Coffman Johnson (OH) Rigell Becerra Grayson AYES—167 Maloney, Cole Johnson, E. B. Roby Bera Grijalva Carolyn Adams Davis (CA) Himes Collins (GA) Johnson, Sam Roe (TN) Beyer Grothman Maloney, Sean Aguilar Davis, Danny Honda Collins (NY) Jolly Rogers (AL) Blackburn Gutie´rrez Massie Bass DeFazio Hoyer Comstock Jordan Rogers (KY) Blumenauer Hahn Matsui Beatty DeGette Huffman Conaway Joyce Rohrabacher Bonamici Hastings McClintock Becerra Delaney Israel Connolly Kelly (MS) Rokita Brooks (AL) Hensarling McDermott Bera DeLauro Jeffries Cook Kelly (PA) Rooney (FL) Brownley (CA) Hice, Jody B. McGovern Beyer DelBene Johnson (GA) Costa King (IA) Roskam Buck Higgins Meadows Blumenauer DeSaulnier Jones Costello (PA) King (NY) Ross Burgess Himes Meng Bonamici Deutch Kaptur Cramer Kinzinger (IL) Rothfus Capps Holding Moore Boyle, Brendan Dingell Katko Crawford Kline Rouzer Chabot Honda Moulton F. Doggett Keating Crenshaw Knight Royce Chaffetz Huelskamp Mulvaney Brady (PA) Dold Kelly (IL) Cuellar Labrador Russell Chu, Judy Huffman Murphy (FL) Brooks (AL) Duckworth Culberson Cicilline Huizenga (MI) Kennedy LaHood Ryan (OH) Nadler Brownley (CA) Edwards Davis, Rodney LaMalfa Salmon Clark (MA) Israel Kildee Napolitano Bustos Ellison Denham Lamborn Scalise Clarke (NY) Jeffries Kilmer Neal Butterfield Engel Dent Lance Schweikert Clawson (FL) Johnson (GA) Kind Pallone Capps Eshoo DeSantis Latta Scott, Austin Cohen Jones Kirkpatrick Palmer Capuano Esty DesJarlais Long Sensenbrenner Connolly Jordan Kuster Peters Carney Farr Diaz-Balart Loudermilk Sessions Crowley Kaptur Carson (IN) Fortenberry Langevin Donovan Love Sewell (AL) Culberson Keating Pingree Cartwright Foster Larsen (WA) Doyle, Michael Lucas Shimkus Cummings Kelly (IL) Pitts Castor (FL) Frankel (FL) Larson (CT) F. Luetkemeyer Shuster Delaney Kennedy Pocan Chu, Judy Fudge Lawrence Duffy Lummis Simpson DeSantis Kildee Polis Cicilline Gabbard Lee Duncan (SC) MacArthur Sinema DesJarlais Knight Pompeo Clark (MA) Gallego Levin Duncan (TN) Marchant Sires Deutch Kuster Price, Tom Clarke (NY) Garamendi Lewis Ellmers (NC) Marino Slaughter Ellison Labrador Quigley Clay Gibson Lieu, Ted Emmer (MN) Massie Smith (MO) Engel Lance Ribble Cleaver Graham Lipinski Farenthold McCarthy Smith (NE) Eshoo Langevin Rice (SC) Cohen Grayson LoBiondo Fitzpatrick McCaul Smith (NJ) Farr Lawrence Rohrabacher Conyers Grijalva Loebsack Fleischmann McClintock Smith (TX) Foxx Lee Rokita Cooper Gutie´rrez Lofgren Fleming McHenry Stewart Frankel (FL) Lewis Rouzer Courtney Hahn Lowenthal Flores McKinley Stivers Gabbard Lieu, Ted Royce Crowley Hastings Lowey Forbes McMorris Stutzman Gallego Loebsack Ruiz Cummings Heck (WA) Lujan Grisham Foxx Rodgers Thompson (MS) Garamendi Lofgren Ruppersberger Curbelo (FL) Higgins (NM) Franks (AZ) McSally Thompson (PA) Garrett Lowenthal Rush

VerDate Sep 11 2014 03:26 May 26, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.015 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3117 Sa´ nchez, Linda Slaughter Vela´ zquez Waters, Maxine Whitfield Yoder the bill (S. 2012) to provide for the mod- T. Smith (WA) Walker Weber (TX) Williams Yoho ernization of the energy policy of the Sanford Speier Walz Webster (FL) Wilson (FL) Young (AK) Sarbanes Stutzman Wasserman Wenstrup Wilson (SC) Young (IA) United States, and for other purposes, Scalise Swalwell (CA) Schultz Westerman Wittman Zeldin and ask for its immediate consider- Schakowsky Takano Watson Coleman Westmoreland Womack Zinke ation. Schiff Titus Welch Schweikert Tonko NOT VOTING—14 The Clerk read the title of the bill. Woodall The SPEAKER pro tempore. Pursu- Serrano Van Hollen Young (IN) Ca´ rdenas Hanna Rice (NY) Sherman Veasey Castro (TX) Herrera Beutler Sanchez, Loretta ant to House Resolution 744, an amend- Fattah Norcross Takai ment in the nature of a substitute con- NOES—275 Fincher O’Rourke Yarmuth Granger Pelosi sisting of the text of Rules Committee Abraham Fitzpatrick Messer Print 114–55 is adopted and the bill, as Aderholt Fleischmann Mica ANNOUNCEMENT BY THE ACTING CHAIR Allen Fleming Miller (FL) amended, is considered read. Amodei Flores Miller (MI) The Acting CHAIR (during the vote). The text of the bill, as amended, is as Ashford Forbes Moolenaar There is 1 minute remaining. follows: Babin Fortenberry Mooney (WV) S. 2012 Barletta Foster Mullin b 1410 Be it enacted by the Senate and House of Rep- Barr Franks (AZ) Murphy (PA) Mr. LEVIN changed his vote from Barton Frelinghuysen Neugebauer resentatives of the United States of America in Bass Fudge Newhouse ‘‘aye’’ to ‘‘no.’’ Congress assembled, Beatty Gibbs Noem Messrs. BECERRA, JODY B. HICE of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Benishek Gibson Nolan Georgia, Ms. KELLY of Illinois, Mr. Bilirakis Goodlatte Nugent (a) SHORT TITLE.—This Act may be cited as Bishop (GA) Gowdy Nunes NEAL, Ms. CLARKE of New York, and the ‘‘North American Energy Security and In- Bishop (MI) Graves (GA) Olson Mr. BLUMENAUER changed their vote frastructure Act of 2016’’. Bishop (UT) Graves (LA) Palazzo from ‘‘no’’ to ‘‘aye.’’ (b) TABLE OF CONTENTS.—The table of con- Black Graves (MO) Pascrell So the amendment was rejected. tents for this Act is as follows: Blum Green, Al Paulsen Sec. 1. Short title; table of contents. Bost Green, Gene Payne The result of the vote was announced Boustany Griffith Pearce as above recorded. DIVISION A—NORTH AMERICAN ENERGY Boyle, Brendan Guinta Perlmutter Stated for: SECURITY AND INFRASTRUCTURE F. Guthrie Perry Sec. 1. Short title. Brady (PA) Hardy Peterson Mr. MILLER of Florida. Mr. Chair, on rollcall Brady (TX) Harper Pittenger vote: No. 246, Second Polis of Colorado TITLE I—MODERNIZING AND PROTECTING Brat Harris Poe (TX) Amendment, on May 25, 2016. I inadvertently INFRASTRUCTURE Bridenstine Hartzler Poliquin voted ‘‘nay,’’ when I intended to vote ‘‘aye.’’ Subtitle A—Energy Delivery, Reliability, and Brooks (IN) Heck (NV) Posey Security Brown (FL) Heck (WA) Price (NC) PERSONAL EXPLANATION Sec. 1101. FERC process coordination. Buchanan Hill Rangel Mr. PETERS. Mr. Chair, I intended to vote Bucshon Hinojosa Ratcliffe Sec. 1102. Resolving environmental and grid re- Bustos Hoyer Reed the following ways on the measures listed liability conflicts. Butterfield Hudson Reichert below on Wednesday, May 25, 2016. Sec. 1103. Emergency preparedness for energy Byrne Hultgren Renacci 1. ‘‘Yes’’ on Agreeing to the First Polis of supply disruptions. Calvert Hunter Richmond Sec. 1104. Critical electric infrastructure secu- Capuano Hurd (TX) Rigell Colorado Amendment to H.R. 5055. 2. ‘‘No’’ on Agreeing to the Second Polis of rity. Carney Hurt (VA) Roby Sec. 1105. Strategic Transformer Reserve. Carson (IN) Issa Roe (TN) Colorado Amendment to H.R. 5055. Sec. 1106. Cyber Sense. Carter (GA) Jackson Lee Rogers (AL) Mr. SIMPSON. Mr. Chair, I move Carter (TX) Jenkins (KS) Rogers (KY) Sec. 1107. State coverage and consideration of Cartwright Jenkins (WV) Rooney (FL) that the Committee do now rise. PURPA standards for electric Castor (FL) Johnson (OH) Ros-Lehtinen The motion was agreed to. utilities. Clay Johnson, E. B. Roskam Accordingly, the Committee rose; Sec. 1108. Reliability analysis for certain rules Cleaver Johnson, Sam Ross and the Speaker pro tempore (Mr. POE that affect electric generating fa- Clyburn Jolly Rothfus of Texas) having assumed the chair, cilities. Coffman Joyce Roybal-Allard Sec. 1109. Increased accountability with respect Cole Katko Russell Mr. HULTGREN, Acting Chair of the to carbon capture, utilization, Collins (GA) Kelly (MS) Ryan (OH) Committee of the Whole House on the Collins (NY) Kelly (PA) Salmon and sequestration projects. Comstock Kilmer Schrader state of the Union, reported that that Sec. 1110. Reliability and performance assur- Conaway Kind Scott (VA) Committee, having had under consider- ance in Regional Transmission Conyers King (IA) Scott, Austin ation the bill (H.R. 5055) making appro- Organizations. Cook King (NY) Scott, David priations for energy and water develop- Sec. 1111. Ethane storage study. Cooper Kinzinger (IL) Sensenbrenner ment and related agencies for the fiscal Sec. 1112. Statement of policy on grid mod- Costa Kirkpatrick Sessions ernization. Costello (PA) Kline Sewell (AL) year ending September 30, 2017, and for Sec. 1113. Grid resilience report. Courtney LaHood Shimkus other purposes, had come to no resolu- Cramer LaMalfa Shuster Sec. 1114. GAO report on improving National Crawford Lamborn Simpson tion thereon. Response Center. Crenshaw Larsen (WA) Sinema f Sec. 1115. Designation of National Energy Secu- Cuellar Larson (CT) Sires rity Corridors on Federal lands. Curbelo (FL) Latta Smith (MO) PERMISSION TO POSTPONE PRO- Sec. 1116. Vegetation management, facility in- Davis (CA) Levin Smith (NE) CEEDINGS ON MOTION TO COM- spection, and operation and main- Davis, Danny Lipinski Smith (NJ) tenance on Federal lands con- Davis, Rodney LoBiondo Smith (TX) MIT ON S. 2012, ENERGY POLICY taining electric transmission and DeFazio Long Stefanik MODERNIZATION ACT OF 2016 DeGette Loudermilk Stewart distribution facilities. DeLauro Love Stivers Mr. WHITFIELD. Mr. Speaker, I ask Subtitle B—Hydropower Regulatory DelBene Lowey Thompson (CA) unanimous consent that the question Modernization Denham Lucas Thompson (MS) of adopting a motion to commit on S. Dent Luetkemeyer Thompson (PA) Sec. 1201. Protection of private property rights DeSaulnier Luja´ n, Ben Ray Thornberry 2012 may be subject to postponement as in hydropower licensing. Diaz-Balart (NM) Tiberi though under clause 8 of rule XX. Sec. 1202. Extension of time for FERC project Dingell Lummis Tipton The SPEAKER pro tempore. Is there involving W. Kerr Scott Dam. Doggett MacArthur Torres Sec. 1203. Hydropower licensing and process im- Dold Marchant Trott objection to the request of the gentleman from Kentucky? provements. Donovan Marino Tsongas Sec. 1204. Judicial review of delayed Federal Doyle, Michael McCarthy Turner There was no objection. authorizations. F. McCaul Upton Duckworth McCollum Valadao f Sec. 1205. Licensing study improvements. Duffy McHenry Vargas Sec. 1206. Closed-loop pumped storage projects. Duncan (SC) McKinley Vela b 1415 Sec. 1207. License amendment improvements. Duncan (TN) McMorris Visclosky Sec. 1208. Promoting hydropower development Edwards Rodgers Wagner ENERGY POLICY MODERNIZATION at existing nonpowered dams. Ellmers (NC) McNerney Walberg ACT OF 2016 TITLE II—ENERGY SECURITY AND Emmer (MN) McSally Walden Esty Meehan Walorski Mr. WHITFIELD. Mr. Speaker, pur- DIPLOMACY Farenthold Meeks Walters, Mimi suant to House Resolution 744, I call up Sec. 2001. Sense of Congress.

VerDate Sep 11 2014 08:27 May 26, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6343 E:\CR\FM\A25MY7.017 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3118 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Sec. 2002. Energy security valuation. Sec. 3232. Repeal of methanol study. Sec. 5014. Repeal of rule for new residential Sec. 2003. North American energy security plan. Sec. 3233. Repeal of residential energy effi- wood heaters. Sec. 2004. Collective energy security. ciency standards study. TITLE VI—PROMOTING RENEWABLE Sec. 2005. Authorization to export natural gas. Sec. 3234. Repeal of weatherization study. ENERGY WITH SHARED SOLAR Sec. 2006. Environmental review for energy ex- Sec. 3235. Repeal of report to Congress. Sec. 6001. Short title. port facilities. Sec. 3236. Repeal of report by General Services Sec. 6002. Provision of interconnection service Sec. 2007. Authorization of cross-border infra- Administration. and net billing service for commu- structure projects. Sec. 3237. Repeal of intergovernmental energy Sec. 2008. Report on smart meter security con- management planning and coordi- nity solar facilities. cerns. nation workshops. TITLE VII—MARINE HYDROKINETIC TITLE III—ENERGY EFFICIENCY AND Sec. 3238. Repeal of Inspector General audit Sec. 7001. Definition of marine and ACCOUNTABILITY survey and President’s Council on hydrokinetic renewable energy. Integrity and Efficiency report to Sec. 7002. Marine and hydrokinetic renewable Subtitle A—Energy Efficiency Congress. energy research and development. CHAPTER 1—FEDERAL AGENCY ENERGY Sec. 3239. Repeal of procurement and identi- Sec. 7003. National Marine Renewable Energy EFFICIENCY fication of energy efficient prod- Research, Development, and Dem- Sec. 3111. Energy-efficient and energy-saving ucts program. onstration Centers. information technologies. Sec. 3240. Repeal of national action plan for de- Sec. 7004. Authorization of appropriations. Sec. 3112. Energy efficient data centers. mand response. TITLE VIII—EXTENSIONS OF TIME FOR Sec. 3113. Report on energy and water savings Sec. 3241. Repeal of national coal policy study. VARIOUS FEDERAL ENERGY REGU- potential from thermal insulation. Sec. 3242. Repeal of study on compliance prob- LATORY COMMISSION PROJECTS Sec. 3114. Battery storage report. lem of small electric utility sys- Sec. 3115. Federal purchase requirement. tems. Sec. 8001. Extension of time for Federal Energy Sec. 3116. Energy performance requirement for Sec. 3243. Repeal of study of socioeconomic im- Regulatory Commission project in- Federal buildings. pacts of increased coal production volving Clark Canyon Dam. Sec. 3117. Federal building energy efficiency and other energy development. Sec. 8002. Extension of time for Federal Energy performance standards; certifi- Sec. 3244. Repeal of study of the use of petro- Regulatory Commission project in- cation system and level for Fed- leum and natural gas in combus- volving Gibson Dam. eral buildings. tors. Sec. 8003. Extension of time for Federal Energy Sec. 3118. Operation of battery recharging sta- Sec. 3245. Repeal of submission of reports. Regulatory Commission project in- tions in parking areas used by Sec. 3246. Repeal of electric utility conservation volving Jennings Randolph Dam. Federal employees. plan. Sec. 8004. Extension of time for Federal Energy Sec. 3119. Report on energy savings and green- Sec. 3247. Technical amendment to Powerplant Regulatory Commission project in- house gas emissions reduction and Industrial Fuel Use Act of volving Cannonsville Dam. from conversion of captured meth- 1978. Sec. 8005. Extension of time for Federal Energy ane to energy. Sec. 3248. Emergency energy conservation re- Regulatory Commission project in- peals. volving Gathright Dam. CHAPTER 2—ENERGY EFFICIENT TECHNOLOGY Sec. 8006. Extension of time for Federal Energy AND MANUFACTURING Sec. 3249. Repeal of State utility regulatory assistance. Regulatory Commission project in- Sec. 3121. Inclusion of Smart Grid capability on Sec. 3250. Repeal of survey of energy saving po- volving Flannagan Dam. Energy Guide labels. tential. TITLE IX—ENERGY AND MANUFACTURING Sec. 3122. Voluntary verification programs for Sec. 3251. Repeal of photovoltaic energy pro- WORKFORCE DEVELOPMENT air conditioning, furnace, boiler, gram. heat pump, and water heater Sec. 9001. Energy and manufacturing workforce Sec. 3252. Repeal of energy auditor training development. products. and certification. Sec. 3123. Facilitating consensus furnace stand- Sec. 9002. Report. ards. CHAPTER 4—AUTHORIZATION Sec. 9003. Use of existing funds. Sec. 3124. No warranty for certain certified En- Sec. 3261 Authorization. DIVISION B—RESILIENT FEDERAL ergy Star products. TITLE IV—CHANGING CRUDE OIL MARKET FORESTS Sec. 3125. Clarification to effective date for re- CONDITIONS Sec. 1. Short title. gional standards. Sec. 4001. Findings. Sec. 2. Definitions. Sec. 3126. Internet of Things report. Sec. 4002. Repeal. TITLE I—EXPEDITED ENVIRONMENTAL Sec. 3127. Energy savings from lubricating oil. Sec. 4003. National policy on oil export restric- ANALYSIS AND AVAILABILITY OF CAT- Sec. 3128. Definition of external power supply. tions. EGORICAL EXCLUSIONS TO EXPEDITE Sec. 3129. Standards for power supply circuits Sec. 4004. Studies. FOREST MANAGEMENT ACTIVITIES connected to LEDs or OLEDs. Sec. 4005. Savings clause. Sec. 101. Analysis of only two alternatives (ac- CHAPTER 3—SCHOOL BUILDINGS Sec. 4006. Partnerships with minority serving tion versus no action) in proposed Sec. 3131. Coordination of energy retrofitting institutions. collaborative forest management assistance for schools. Sec. 4007. Report. activities. CHAPTER 4—BUILDING ENERGY CODES Sec. 4008. Report to Congress. Sec. 102. Categorical exclusion to expedite cer- Sec. 4009. Prohibition on exports of crude oil, tain critical response actions. Sec. 3141. Greater energy efficiency in building refined petroleum products, and codes. Sec. 103. Categorical exclusion to expedite sal- petrochemical products to the Is- vage operations in response to Sec. 3142. Voluntary nature of building asset lamic Republic of Iran. rating program. catastrophic events. TITLE V—OTHER MATTERS Sec. 104. Categorical exclusion to meet forest CHAPTER 5—EPCA TECHNICAL CORRECTIONS AND plan goals for early successional CLARIFICATIONS Sec. 5001. Assessment of regulatory requirements. forests. Sec. 3151. Modifying product definitions. Sec. 5002. Definitions. Sec. 105. Clarification of existing categorical ex- Sec. 3152. Clarifying rulemaking procedures. Sec. 5003. Exclusive venue for certain civil ac- clusion authority related to insect CHAPTER 6—ENERGY AND WATER EFFICIENCY tions relating to covered energy and disease infestation. Sec. 3161. Smart energy and water efficiency projects. Sec. 106. Categorical exclusion to improve, re- pilot program. Sec. 5004. Timely filing. store, and reduce the risk of wild- Sec. 3162. WaterSense. Sec. 5005. Expedition in hearing and deter- fire. Sec. 107. Compliance with forest plan. Subtitle B—Accountability mining the action. Sec. 5006. Limitation on injunction and pro- TITLE II—SALVAGE AND REFORESTATION CHAPTER 1—MARKET MANIPULATION, spective relief. IN RESPONSE TO CATASTROPHIC EVENTS ENFORCEMENT, AND COMPLIANCE Sec. 5007. Legal standing. Sec. 201. Expedited salvage operations and re- Sec. 3211. FERC Office of Compliance Assist- Sec. 5008. Study to identify legal and regu- forestation activities following ance and Public Participation. latory barriers that delay, pro- large-scale catastrophic events. CHAPTER 2—MARKET REFORMS hibit, or impede the export of nat- Sec. 202. Compliance with forest plan. Sec. 3221. GAO study on wholesale electricity ural energy resources. Sec. 203. Prohibition on restraining orders, pre- Sec. 5009. Study of volatility of crude oil. markets. liminary injunctions, and injunc- Sec. 5010. Smart meter privacy rights. Sec. 3222. Clarification of facility merger au- tions pending appeal. Sec. 5011. Youth energy enterprise competition. thorization. Sec. 204. Exclusion of certain lands. Sec. 5012. Modernization of terms relating to CHAPTER 3—CODE MAINTENANCE minorities. TITLE III—COLLABORATIVE PROJECT Sec. 3231. Repeal of off-highway motor vehicles Sec. 5013. Voluntary vegetation management LITIGATION REQUIREMENT study. outside rights-of-way. Sec. 301. Definitions.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6343 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3119 Sec. 302. Bond requirement as part of legal Sec. 1002. Findings. Subtitle H—Bureau of Reclamation Project challenge of certain forest man- Sec. 1003. Definitions. Streamlining agement activities. Subtitle A—ADJUSTING DELTA SMELT MAN- Sec. 1101. Short title. TITLE IV—SECURE RURAL SCHOOLS AND AGEMENT BASED ON INCREASED REAL- Sec. 1102. Definitions. COMMUNITY SELF-DETERMINATION ACT TIME MONITORING AND UPDATED Sec. 1103. Acceleration of studies. AMENDMENTS SCIENCE Sec. 1104. Expedited completion of reports. Sec. 401. Use of reserved funds for title II Sec. 1011. Definitions. Sec. 1105. Project acceleration. projects on Federal land and cer- Sec. 1012. Revise incidental take level calcula- Sec. 1106. Annual report to Congress. tain non-Federal land. tion for delta smelt to reflect new Subtitle I—Accelerated Revenue, Repayment, Sec. 402. Resource advisory committees. science. and Surface Water Storage Enhancement Sec. 403. Program for title II self-sustaining re- Sec. 1013. Factoring increased real-time moni- Sec. 1111. Short title. source advisory committee toring and updated science into Sec. 1112. Prepayment of certain repayment projects. Delta smelt management. contracts between the United Sec. 404. Additional authorized use of reserved Subtitle B—ENSURING SALMONID MANAGE- States and contractors of feder- funds for title III county projects. MENT IS RESPONSIVE TO NEW SCIENCE Sec. 405. Treatment as supplemental funding. ally developed water supplies. TITLE V—STEWARDSHIP END RESULT Sec. 1021. Definitions. Subtitle J—Safety of Dams CONTRACTING Sec. 1022. Process for ensuring salmonid man- Sec. 1121. Authorization of additional project agement is responsive to new benefits. Sec. 501. Cancellation ceilings for stewardship science. end result contracting projects. Sec. 1023. Non-Federal program to protect na- Subtitle K—Water Rights Protection Sec. 502. Excess offset value. tive anadromous fish in the Sec. 1131. Short title. Sec. 503. Payment of portion of stewardship Stanislaus River. Sec. 1132. Definition of water right. project revenues to county in Sec. 1024. Pilot projects to implement CALFED Sec. 1133. Treatment of water rights. which stewardship project occurs. invasive species program. Sec. 1134. Recognition of State authority. Sec. 504. Submission of existing annual report. Sec. 1135. Effect of title. Sec. 505. Fire liability provision. Subtitle C—OPERATIONAL FLEXIBILITY TITLE II—SPORTSMEN’S HERITAGE AND TITLE VI—ADDITIONAL FUNDING AND DROUGHT RELIEF RECREATIONAL ENHANCEMENT ACT SOURCES FOR FOREST MANAGEMENT Sec. 1031. Definitions. ACTIVITIES Sec. 1032. Operational flexibility in times of Sec. 2001. Short title. Sec. 2002. Report on economic impact. Sec. 601. Definitions. drought. Sec. 602. Availability of stewardship project Sec. 1033. Operation of cross-channel gates. Subtitle A—Hunting, Fishing and Recreational revenues and Collaborative Forest Sec. 1034. Flexibility for export/inflow ratio. Shooting Protection Act Landscape Restoration Fund to Sec. 1035. Emergency environmental reviews. Sec. 2011. Short title. cover forest management activity Sec. 1036. Increased flexibility for regular Sec. 2012. Modification of definition. planning costs. project operations. Sec. 2013. Limitation on authority to regulate Sec. 603. State-supported planning of forest Sec. 1037. Temporary operational flexibility for ammunition and fishing tackle. management activities. first few storms of the water year. Sec. 1038. Expediting water transfers. Subtitle B—Target Practice and Marksmanship TITLE VII—TRIBAL FORESTRY Sec. 1039. Additional emergency consultation. Training Support Act PARTICIPATION AND PROTECTION Sec. 1040. Additional storage at New Melones. Sec. 2021. Short title. Sec. 701. Protection of tribal forest assets Sec. 1041. Regarding the operation of Folsom Sec. 2022. Findings; purpose. through use of stewardship end Reservoir. Sec. 2023. Definition of public target range. result contracting and other au- Sec. 1042. Applicants. Sec. 2024. Amendments to Pittman-Robertson thorities. Sec. 1043. San Joaquin River settlement. Wildlife Restoration Act. Sec. 702. Management of Indian forest land au- Sec. 1044. Program for water rescheduling. Sec. 2025. Limits on liability. thorized to include related Na- Subtitle D—CALFED STORAGE FEASIBILITY Sec. 2026. Sense of Congress regarding coopera- tional Forest System lands and STUDIES tion. public lands. Subtitle C—Polar Bear Conservation and Sec. 703. Tribal forest management demonstra- Sec. 1051. Studies. Fairness Act tion project. Sec. 1052. Temperance Flat. Sec. 1053. CALFED storage accountability. Sec. 2031. Short title. TITLE VIII—MISCELLANEOUS FOREST Sec. 1054. Water storage project construction. Sec. 2032. Permits for importation of polar bear MANAGEMENT PROVISIONS Subtitle E—WATER RIGHTS PROTECTIONS trophies taken in sport hunts in Sec. 801. Balancing short- and long-term effects Canada. of forest management activities in Sec. 1061. Offset for State Water Project. considering injunctive relief. Sec. 1062. Area of origin protections. Subtitle D—Recreational Lands Self-Defense Sec. 802. Conditions on Forest Service road de- Sec. 1063. No redirected adverse impacts. Act commissioning. Sec. 1064. Allocations for Sacramento Valley Sec. 2041. Short title. Sec. 803. Prohibition on application of Eastside contractors. Sec. 2042. Protecting Americans from violent Screens requirements on National Sec. 1065. Effect on existing obligations. crime. Forest System lands. Subtitle F—MISCELLANEOUS Subtitle E—Wildlife and Hunting Heritage Sec. 804. Use of site-specific forest plan amend- Sec. 1071. Authorized service area. Conservation Council Advisory Committee ments for certain projects and ac- Sec. 1072. Oversight board for Restoration Sec. 2051. Wildlife and Hunting Heritage Con- tivities. Fund. servation Council Advisory Com- Sec. 805. Knutson-Vandenberg Act modifica- Sec. 1073. Water supply accounting. mittee. tions. Sec. 1074. Implementation of water replacement Subtitle F—Recreational Fishing and Hunting Sec. 806. Exclusion of certain National Forest plan. Heritage Opportunities Act System lands and public lands. Sec. 1075. Natural and artificially spawned spe- Sec. 807. Application of Northwest Forest Plan cies. Sec. 2061. Short title. Survey and Manage Mitigation Sec. 1076. Transfer the New Melones Unit, Cen- Sec. 2062. Findings. Measure Standard and Guide- tral Valley Project to interested Sec. 2063. Fishing, hunting, and recreational lines. providers. shooting. Sec. 808. Management of Bureau of Land Man- Sec. 1077. Basin studies. Sec. 2064. Volunteer Hunters; Reports; Closures agement lands in western Oregon. Sec. 1078. Operations of the Trinity River Divi- and Restrictions. Sec. 809. Bureau of Land Management resource sion. Subtitle G—Farmer and Hunter Protection Act management plans. Sec. 1079. Amendment to purposes. Sec. 810. Landscape-scale forest restoration Sec. 2071. Short title. Sec. 1080. Amendment to definition. Sec. 2072. Baiting of migratory game birds. project. Sec. 1081. Report on results of water usage. TITLE IX—MAJOR DISASTER FOR Sec. 1082. Klamath project consultation appli- Subtitle H—Transporting Bows Across National WILDFIRE ON FEDERAL LAND cants. Park Service Lands Sec. 901. Wildfire on Federal lands. Subtitle G—Water Supply Permitting Act Sec. 2081. Short title. Sec. 902. Declaration of a major disaster for Sec. 2082. Bowhunting opportunity and wildlife Sec. 1091. Short title. wildfire on Federal lands. stewardship. Sec. 903. Prohibition on transfers. Sec. 1092. Definitions. Sec. 1093. Establishment of lead agency and co- Subtitle I—Federal Land Transaction DIVISION C—NATURAL RESOURCES operating agencies. Facilitation Act Reauthorization (FLTFA) TITLE I—WESTERN WATER AND AMERICAN Sec. 1094. Bureau responsibilities. Sec. 2091. Short title. FOOD SECURITY ACT Sec. 1095. Cooperating agency responsibilities. Sec. 2092. Federal Land Transaction Facilita- Sec. 1001. Short title. Sec. 1096. Funding to process permits. tion Act.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 6343 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3120 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Subtitle J—African Elephant Conservation and Sec. 3025. Limitation on prospective relief. Sec. 15002. Purposes. Legal Ivory Possession Act Sec. 3026. Limitation on attorneys’ fees. Sec. 15003. Definitions. Sec. 2101. Short title. Subtitle C—Miscellaneous Provisions Sec. 15004. Land exchange. Sec. 15005. Equal value exchange and apprais- Sec. 2102. References. Sec. 3031. Secretarial order not affected. Sec. 2103. Placement of United States Fish and als. Wildlife Service law enforcement TITLE IV—NATIVE AMERICAN ENERGY Sec. 15006. Miscellaneous provisions. officers in each African elephant ACT TITLE XVI—REMOVE REVERSIONARY range country. Sec. 4001. Short title. INTEREST IN ROCKINGHAM COUNTY LAND Sec. 2104. Treatment of elephant ivory. Sec. 4002. Appraisals. Sec. 16001. Removal of use restriction. Sec. 2105. African Elephant Conservation Act Sec. 4003. Standardization. TITLE XVII—COLTSVILLE NATIONAL financial assistance priority and Sec. 4004. Environmental reviews of major Fed- HISTORICAL PARK reauthorization. eral actions on Indian lands. Sec. 2106. Government Accountability Office Sec. 4005. Judicial review. Sec. 17001. Amendment to Coltsville National study. Sec. 4006. Tribal biomass demonstration project. Historical Park donation site. Subtitle K—Respect for Treaties and Rights Sec. 4007. Tribal resource management plans. TITLE XVIII—MARTIN LUTHER KING, JR. Sec. 4008. Leases of restricted lands for the Sec. 2111. Respect for Treaties and Rights. NATIONAL HISTORICAL PARK ACT Navajo Nation. Sec. 18001. Short title. Subtitle L—State Approval of Fishing Sec. 4009. Nonapplicability of certain rules. Restriction Sec. 18002. Martin Luther King, Jr. National TITLE V—NORTHPORT IRRIGATION EARLY Historical Park. Sec. 2131. State or Territorial Approval of Re- REPAYMENT Sec. 18003. References. striction of Recreational or Com- Sec. 5001. Early repayment of construction mercial Fishing Access to Certain TITLE XIX—EXTENSION OF THE AUTHOR- costs. State or Territorial Waters. IZATION FOR THE GULLAH/GEECHEE TITLE VI—OCMULGEE MOUNDS NATIONAL CULTURAL HERITAGE CORRIDOR COM- Subtitle M—Hunting and Recreational Fishing HISTORICAL PARK BOUNDARY REVISION MISSION Within Certain National Forests ACT Sec. 19001. Extension of the authorization for Sec. 2141. Definitions. Sec. 6001. Short title. the Gullah/Geechee Cultural Her- Sec. 2142. Hunting and recreational fishing Sec. 6002. Definitions. itage Corridor Commission. within the national forest system. Sec. 6003. Ocmulgee Mounds National Histor- Sec. 2143. Publication of Closure of Roads in TITLE XX—9/11 MEMORIAL ACT ical Park. Forests. Sec. 20001. Short title. Sec. 6004. Boundary adjustment. Sec. 20002. Definitions. Subtitle N—Grand Canyon Bison Management Sec. 6005. Land acquisition; no buffer zones. Act Sec. 20003. Designation of memorial. Sec. 6006. Administration. Sec. 20004. Competitive grants for certain memo- Sec. 2151. Short title. Sec. 6007. Ocmulgee River corridor special re- rials. Sec. 2152. Definitions. source study. Sec. 2153. Bison management plan for Grand TITLE XXI—KENNESAW MOUNTAIN NA- TITLE VII—MEDGAR EVERS HOUSE STUDY TIONAL BATTLEFIELD PARK BOUNDARY Canyon National Park. ACT Subtitle O—Open Book on Equal Access to ADJUSTMENT ACT Sec. 7001. Short title. Justice Sec. 21001. Short title. Sec. 7002. Special resource study. Sec. 2161. Short title. Sec. 21002. Findings. TITLE VIII—SKY POINT MOUNTAIN Sec. 2162. Modification of equal access to jus- Sec. 21003. Boundary adjustment; land acquisi- DESIGNATION tice provisions. tion; administration. Subtitle P—Utility Terrain Vehicles Sec. 8001. Findings. TITLE XXII—VEHICLE ACCESS AT DELA- Sec. 8002. Sky Point. WARE WATER GAP NATIONAL RECRE- Sec. 2171. Utility terrain vehicles in Kisatchie ATION AREA National Forest. TITLE IX—CHIEF STANDING BEAR TRAIL STUDY Sec. 22001. Vehicular access and fees. Subtitle Q—Good Samaritan Search and Sec. 22002. Definitions. Recovery Sec. 9001. Chief Standing Bear national historic trail feasibility study. Sec. 22003. Conforming amendment. Sec. 2181. Short title. TITLE XXIII—GULF ISLANDS NATIONAL Sec. 2182. Expedited access to certain Federal TITLE X—JOHN MUIR NATIONAL HISTORIC SEASHORE LAND EXCHANGE ACT land. SITE EXPANSION ACT Sec. 23001. Short title. Subtitle R—Interstate Transportation of Sec. 10001. Short title. Sec. 23002. Land exchange, Gulf Islands Na- Firearms or Ammunition Sec. 10002. John Muir National Historic Site land acquisition. tional Seashore, Jackson County, Sec. 2191. Interstate transportation of firearms Mississippi. or ammunition. TITLE XI—ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT TITLE XXIV—KOREAN WAR VETERANS Subtitle S—Gray Wolves MEMORIAL WALL OF REMEMBRANCE ACT Sec. 11001. Short title. Sec. 2201. Reissuance of final rule regarding Sec. 11002. Arapaho National Forest boundary Sec. 24001. Short title. gray wolves in the Western Great adjustment. Sec. 24002. Wall of Remembrance. Lakes. Sec. 2202. Reissuance of final rule regarding TITLE XII—PRESERVATION RESEARCH AT TITLE XXV—NATIONAL FOREST SMALL gray wolves in Wyoming. INSTITUTIONS SERVING MINORITIES ACT TRACTS ACT AMENDMENTS ACT Subtitle T—Miscellaneous Provisions Sec. 12001. Short title. Sec. 25001. Short title. Sec. 25002. Additional authority for sale or ex- Sec. 2211. Prohibition on issuance of final rule. Sec. 12002. Eligibility of Hispanic-serving institutions and Asian American and change of small parcels of Na- Sec. 2212. Withdrawal of existing rule regarding tional Forest System land. hunting and trapping in Alaska. Native American Pacific Islander- serving institutions for assistance TITLE XXVI—WESTERN OREGON TRIBAL TITLE III—NATIONAL STRATEGIC AND for preservation education and FAIRNESS ACT CRITICAL MINERALS PRODUCTION ACT training programs. Sec. 26001. Short title. Sec. 3001. Short title. TITLE XIII—ELKHORN RANCH AND WHITE Sec. 3002. Findings. Subtitle A—Cow Creek Umpqua Land RIVER NATIONAL FOREST CONVEYANCE Sec. 3003. Definitions. Conveyance ACT Subtitle A—Development of Domestic Sources of Sec. 26011. Short title. Sec. 13001. Short title. Strategic and Critical Minerals Sec. 26012. Definitions. Sec. 13002. Land conveyance, Elkhorn Ranch Sec. 26013. Conveyance. Sec. 3011. Improving development of strategic and White River National Forest, Sec. 26014. Map and legal description. and critical minerals. Colorado. Sec. 26015. Administration. Sec. 3012. Responsibilities of the lead agency. Sec. 26016. Land reclassification. Sec. 3013. Conservation of the resource. TITLE XIV—NATIONAL LIBERTY Sec. 3014. Federal register process for mineral MEMORIAL CLARIFICATION ACT Subtitle B—Coquille Forest Fairness exploration and mining projects. Sec. 14001. Short title. Sec. 26021. Short title. Subtitle B—Judicial Review of Agency Actions Sec. 14002. Compliance with certain standards Sec. 26022. Amendments to Coquille Restoration Relating to Exploration and Mine Permits for commemorative works in es- Act. tablishment of National Liberty Subtitle C—Oregon Coastal Lands Sec. 3021. Definitions for title. Memorial. Sec. 3022. Timely filings. Sec. 26031. Short title. Sec. 3023. Right to intervene. TITLE XV—CRAGS, COLORADO LAND Sec. 26032. Definitions. Sec. 3024. Expedition in hearing and deter- EXCHANGE ACT Sec. 26033. Conveyance. mining the action. Sec. 15001. Short title. Sec. 26034. Map and legal description.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6343 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3121 Sec. 26035. Administration. Subtitle B—Innovation Management at ‘‘(B) set deadlines for all such Federal author- Sec. 26036. Land reclassification. Department of Energy izations; and’’; DIVISION D—SCIENCE Sec. 712. Technology transfer and transitions (B) by striking paragraph (2); and TITLE V—DEPARTMENT OF ENERGY assessment. (C) by adding at the end the following new SCIENCE Sec. 713. Sense of Congress. paragraphs: Sec. 714. Nuclear energy innovation. ‘‘(2) DEADLINE FOR FEDERAL AUTHORIZA- Sec. 501. Mission. TIONS.—A final decision on a Federal authoriza- Subtitle C—Cross-Sector Partnerships and Sec. 502. Basic energy sciences. tion is due no later than 90 days after the Com- Sec. 503. Advanced scientific computing re- Grant Competitiveness mission issues its final environmental document, search. Sec. 721. Agreements for Commercializing Tech- unless a schedule is otherwise established by Sec. 504. High energy physics. nology pilot program. Federal law. Sec. 505. Biological and environmental re- Sec. 722. Public-private partnerships for com- ‘‘(3) CONCURRENT REVIEWS.—Each Federal search. mercialization. and State agency considering an aspect of an Sec. 506. Fusion energy. Sec. 723. Inclusion of early-stage technology Sec. 507. Nuclear physics. application for a Federal authorization shall— demonstration in authorized tech- ‘‘(A) carry out the obligations of that agency Sec. 508. Science laboratories infrastructure nology transfer activities. program. under applicable law concurrently, and in con- Sec. 724. Funding competitiveness for institu- junction, with the review required by the Na- Sec. 509. Domestic manufacturing. tions of higher education and Sec. 510. Authorization of appropriations. tional Environmental Policy Act of 1969 (42 other nonprofit institutions. Sec. 511. Definitions. U.S.C. 4321 et seq.), unless doing so would im- Sec. 725. Participation in the Innovation Corps pair the ability of the agency to conduct needed TITLE VI—DEPARTMENT OF ENERGY program. APPLIED RESEARCH AND DEVELOPMENT analysis or otherwise carry out those obliga- Subtitle D—Assessment of Impact tions; Subtitle A—Crosscutting Research and Sec. 731. Report by Government Accountability ‘‘(B) formulate and implement administrative, Development Office. policy, and procedural mechanisms to enable the Sec. 601. Crosscutting research and develop- TITLE XXXIII—NUCLEAR ENERGY agency to ensure completion of required Federal ment. INNOVATION CAPABILITIES authorizations no later than 90 days after the Sec. 602. Strategic research portfolio analysis Commission issues its final environmental docu- and coordination plan. Sec. 3301. Short title. ment; and Sec. 603. Strategy for facilities and infrastruc- Sec. 3302. Nuclear energy. ‘‘(C) transmit to the Commission a statement— ture. Sec. 3303. Nuclear energy research programs. ‘‘(i) acknowledging receipt of the schedule es- Sec. 604. Energy Innovation Hubs. Sec. 3304. Advanced fuel cycle initiative. tablished under paragraph (1); and Subtitle B—Electricity Delivery and Energy Sec. 3305. University nuclear science and engi- ‘‘(ii) setting forth the plan formulated under Reliability Research and Development neering support. subparagraph (B) of this paragraph. Sec. 3306. Department of Energy civilian nu- ‘‘(4) ISSUE IDENTIFICATION AND RESOLUTION.— Sec. 611. Distributed energy and electric energy clear infrastructure and facilities. systems. ‘‘(A) IDENTIFICATION.—Federal and State Sec. 3307. Security of nuclear facilities. agencies that may consider an aspect of an ap- Sec. 612. Electric transmission and distribution Sec. 3308. High-performance computation and research and development. plication for Federal authorization shall iden- supportive research. tify, as early as possible, any issues of concern Subtitle C—Nuclear Energy Research and Sec. 3309. Enabling nuclear energy innovation. that may delay or prevent an agency from work- Development Sec. 3310. Budget plan. ing with the Commission to resolve such issues Sec. 621. Objectives. Sec. 3311. Conforming amendments. and granting such authorization. Sec. 622. Program objectives study. DIVISION A—NORTH AMERICAN ENERGY ‘‘(B) ISSUE RESOLUTION.—The Commission Sec. 623. Nuclear energy research and develop- SECURITY AND INFRASTRUCTURE may forward any issue of concern identified ment programs. under subparagraph (A) to the heads of the rel- Sec. 624. Small modular reactor program. SEC. 1. SHORT TITLE. evant agencies (including, in the case of a fail- Sec. 625. Fuel cycle research and development. This division may be cited as the ‘‘North ure by the State agency, the Federal agency Sec. 626. Nuclear energy enabling technologies American Energy Security and Infrastructure overseeing the delegated authority) for resolu- program. Act of 2016’’. tion. Sec. 627. Technical standards collaboration. TITLE I—MODERNIZING AND PROTECTING ‘‘(5) FAILURE TO MEET SCHEDULE.—If a Fed- Sec. 628. Available facilities database. INFRASTRUCTURE eral or State agency does not complete a pro- Subtitle D—Energy Efficiency and Renewable Subtitle A—Energy Delivery, Reliability, and ceeding for an approval that is required for a Energy Research and Development Security Federal authorization in accordance with the Sec. 641. Energy efficiency. SEC. 1101. FERC PROCESS COORDINATION. schedule established by the Commission under Sec. 642. Next Generation Lighting Initiative. Section 15 of the Natural Gas Act (15 U.S.C. paragraph (1)— Sec. 643. Building standards. 717n) is amended— ‘‘(A) the applicant may pursue remedies under Sec. 644. Secondary electric vehicle battery use (1) by amending subsection (b)(2) to read as section 19(d); and program. follows: ‘‘(B) the head of the relevant Federal agency Sec. 645. Network for Manufacturing Innova- ‘‘(2) OTHER AGENCIES.— (including, in the case of a failure by a State tion Program. ‘‘(A) IN GENERAL.—Each Federal and State agency, the Federal agency overseeing the dele- Sec. 646. Advanced Energy Technology Trans- agency considering an aspect of an application gated authority) shall notify Congress and the fer Centers. for Federal authorization shall cooperate with Commission of such failure and set forth a rec- Sec. 647. Renewable energy. the Commission and comply with the deadlines ommended implementation plan to ensure com- Sec. 648. Bioenergy program. established by the Commission. pletion of the proceeding for an approval.’’; Sec. 649. Concentrating solar power research ‘‘(B) IDENTIFICATION.—The Commission shall (3) by redesignating subsections (d) through program. identify, as early as practicable after it is noti- (f) as subsections (g) through (i), respectively; Sec. 650. Renewable energy in public buildings. fied by a prospective applicant of a potential and Subtitle E—Fossil Energy Research and project requiring Commission authorization, any (4) by inserting after subsection (c) the fol- Development Federal or State agency, local government, or lowing new subsections: Sec. 661. Fossil energy. Indian tribe that may consider an aspect of an ‘‘(d) REMOTE SURVEYS.—If a Federal or State Sec. 662. Coal research, development, dem- application for that Federal authorization. agency considering an aspect of an application onstration, and commercial appli- ‘‘(C) NOTIFICATION.— for Federal authorization requires the applicant cation programs. ‘‘(i) IN GENERAL.—The Commission shall no- to submit environmental data, the agency shall Sec. 663. High efficiency gas turbines research tify any agency identified under subparagraph consider any such data gathered by aerial or and development. (B) of the opportunity to cooperate or partici- other remote means that the applicant submits. Subtitle F—Advanced Research Projects pate in the review process. The agency may grant a conditional approval Agency–Energy ‘‘(ii) DEADLINE.—A notification issued under for Federal authorization, conditioned on the clause (i) shall establish a deadline by which a verification of such data by subsequent onsite Sec. 671. ARPA–E amendments. response to the notification shall be submitted, inspection. Subtitle G—Authorization of Appropriations which may be extended by the Commission for ‘‘(e) APPLICATION PROCESSING.—The Commis- Sec. 681. Authorization of appropriations. good cause.’’; sion, and Federal and State agencies, may allow Subtitle H—Definitions (2) in subsection (c)— an applicant seeking Federal authorization to Sec. 691. Definitions. (A) in paragraph (1)— fund a third-party contractor to assist in re- (i) by striking ‘‘and’’ at the end of subpara- viewing the application. TITLE VII—DEPARTMENT OF ENERGY graph (A); ‘‘(f) ACCOUNTABILITY, TRANSPARENCY, EFFI- TECHNOLOGY TRANSFER (ii) by redesignating subparagraph (B) as sub- CIENCY.—For applications requiring multiple Subtitle A—In General paragraph (C); and Federal authorizations, the Commission, with Sec. 701. Definitions. (iii) by inserting after subparagraph (A) the input from any Federal or State agency consid- Sec. 702. Savings clause. following new subparagraph: ering an aspect of an application, shall track

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and make available to the public on the Com- (b) TEMPORARY CONNECTION OR CONSTRUC- energy infrastructure information under the mission’s website information related to the ac- TION BY MUNICIPALITIES.—Section 202(d) of the Commission’s regulations. tions required to complete permitting, reviews, Federal Power Act (16 U.S.C. 824a(d)) is amend- ‘‘(4) DEFENSE CRITICAL ELECTRIC INFRASTRUC- and other actions required. Such information ed by inserting ‘‘or municipality’’ before ‘‘en- TURE.—The term ‘defense critical electric infra- shall include the following: gaged in the transmission or sale of electric en- structure’ means any electric infrastructure lo- ‘‘(1) The schedule established by the Commis- ergy’’. cated in the United States (including the terri- sion under subsection (c)(1). SEC. 1103. EMERGENCY PREPAREDNESS FOR EN- tories) that serves a facility designated by the ‘‘(2) A list of all the actions required by each ERGY SUPPLY DISRUPTIONS. Secretary pursuant to subsection (c), but is not applicable agency to complete permitting, re- (a) FINDING.—Congress finds that recent nat- owned or operated by the owner or operator of views, and other actions necessary to obtain a ural disasters have underscored the importance such facility. final decision on the Federal authorization. of having resilient oil and natural gas infra- ‘‘(5) ELECTROMAGNETIC PULSE.—The term ‘‘(3) The expected completion date for each structure and energy storage and effective ways ‘electromagnetic pulse’ means 1 or more pulses such action. for industry and government to communicate to of electromagnetic energy emitted by a device ‘‘(4) A point of contact at the agency account- address energy supply disruptions. capable of disabling or disrupting operation of, able for each such action. (b) AUTHORIZATION FOR ACTIVITIES TO EN- or destroying, electronic devices or communica- ‘‘(5) In the event that an action is still pend- HANCE EMERGENCY PREPAREDNESS FOR NATURAL tions networks, including hardware, software, ing as of the expected date of completion, a brief DISASTERS.—The Secretary of Energy shall de- and data, by means of such a pulse. explanation of the reasons for the delay.’’. velop and adopt procedures to— ‘‘(6) GEOMAGNETIC STORM.—The term ‘geo- SEC. 1102. RESOLVING ENVIRONMENTAL AND (1) improve communication and coordination magnetic storm’ means a temporary disturbance GRID RELIABILITY CONFLICTS. between the Department of Energy’s energy re- of the Earth’s magnetic field resulting from (a) COMPLIANCE WITH OR VIOLATION OF ENVI- sponse team, Federal partners, and industry; solar activity. RONMENTAL LAWS WHILE UNDER EMERGENCY (2) leverage the Energy Information Adminis- ‘‘(7) GRID SECURITY EMERGENCY.—The term ORDER.—Section 202(c) of the Federal Power tration’s subject matter expertise within the De- ‘grid security emergency’ means the occurrence Act (16 U.S.C. 824a(c)) is amended— partment’s energy response team to improve sup- or imminent danger of— (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and ply chain situation assessments; ‘‘(A)(i) a malicious act using electronic com- (2) by adding at the end the following: (3) establish company liaisons and direct communication or an electromagnetic pulse, or a ‘‘(2) With respect to an order issued under this munication with the Department’s energy re- geomagnetic storm event, that could disrupt the subsection that may result in a conflict with a sponse team to improve situation assessments; operation of those electronic devices or commu- requirement of any Federal, State, or local envi- (4) streamline and enhance processes for ob- nications networks, including hardware, soft- ronmental law or regulation, the Commission taining temporary regulatory relief to speed up ware, and data, that are essential to the reli- shall ensure that such order requires genera- emergency response and recovery; ability of critical electric infrastructure or of de- tion, delivery, interchange, or transmission of (5) facilitate and increase engagement among fense critical electric infrastructure; and electric energy only during hours necessary to States, the oil and natural gas industry, the en- ‘‘(ii) disruption of the operation of such de- meet the emergency and serve the public inter- ergy storage industry, and the Department in vices or networks, with significant adverse ef- est, and, to the maximum extent practicable, is developing State and local energy assurance fects on the reliability of critical electric infra- consistent with any applicable Federal, State, or plans; structure or of defense critical electric infra- local environmental law or regulation and mini- (6) establish routine education and training structure, as a result of such act or event; or mizes any adverse environmental impacts. programs for key government emergency re- ‘‘(B)(i) a direct physical attack on critical ‘‘(3) To the extent any omission or action electric infrastructure or on defense critical elec- taken by a party, that is necessary to comply sponse positions with the Department and States; and tric infrastructure; and with an order issued under this subsection, in- ‘‘(ii) significant adverse effects on the reli- (7) involve States, the energy storage industry, cluding any omission or action taken to volun- ability of critical electric infrastructure or of de- and the oil and natural gas industry in com- tarily comply with such order, results in non- fense critical electric infrastructure as a result prehensive drill and exercise programs. compliance with, or causes such party to not of such physical attack. (c) COOPERATION.—The activities carried out comply with, any Federal, State, or local envi- ‘‘(8) GRID SECURITY VULNERABILITY.—The under subsection (b) shall include collaborative ronmental law or regulation, such omission or term ‘grid security vulnerability’ means a weak- efforts with State and local government officials action shall not be considered a violation of ness that, in the event of a malicious act using and the private sector. such environmental law or regulation, or subject an electromagnetic pulse, would pose a substan- (d) REPORT.—Not later than 180 days after the such party to any requirement, civil or criminal tial risk of disruption to the operation of those date of enactment of this Act, the Secretary of liability, or a citizen suit under such environ- electrical or electronic devices or communica- Energy shall submit to Congress a report de- mental law or regulation. tions networks, including hardware, software, scribing the effectiveness of the activities au- ‘‘(4)(A) An order issued under this subsection and data, that are essential to the reliability of thorized under this section. that may result in a conflict with a requirement the bulk-power system. of any Federal, State, or local environmental SEC. 1104. CRITICAL ELECTRIC INFRASTRUCTURE ‘‘(9) SECRETARY.—The term ‘Secretary’ means law or regulation shall expire not later than 90 SECURITY. the Secretary of Energy. days after it is issued. The Commission may (a) CRITICAL ELECTRIC INFRASTRUCTURE SECU- ‘‘(b) AUTHORITY TO ADDRESS GRID SECURITY renew or reissue such order pursuant to para- RITY.—Part II of the Federal Power Act (16 EMERGENCY.— graphs (1) and (2) for subsequent periods, not to U.S.C. 824 et seq.) is amended by adding after ‘‘(1) AUTHORITY.—Whenever the President exceed 90 days for each period, as the Commis- section 215 the following new section: issues and provides to the Secretary a written sion determines necessary to meet the emergency ‘‘SEC. 215A. CRITICAL ELECTRIC INFRASTRUC- directive or determination identifying a grid se- and serve the public interest. TURE SECURITY. curity emergency, the Secretary may, with or ‘‘(B) In renewing or reissuing an order under ‘‘(a) DEFINITIONS.—For purposes of this sec- without notice, hearing, or report, issue such or- subparagraph (A), the Commission shall consult tion: ders for emergency measures as are necessary in with the primary Federal agency with expertise ‘‘(1) BULK-POWER SYSTEM; ELECTRIC RELI- the judgment of the Secretary to protect or rein the environmental interest protected by such ABILITY ORGANIZATION; REGIONAL ENTITY.—The store the reliability of critical electric infrastruc- law or regulation, and shall include in any such terms ‘bulk-power system’, ‘Electric Reliability ture or of defense critical electric infrastructure renewed or reissued order such conditions as Organization’, and ‘regional entity’ have the during such emergency. As soon as practicable such Federal agency determines necessary to meanings given such terms in paragraphs (1), but not later than 180 days after the date of en- minimize any adverse environmental impacts to (2), and (7) of section 215(a), respectively. actment of this section, the Secretary shall, the extent practicable. The conditions, if any, ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— after notice and opportunity for comment, estab- submitted by such Federal agency shall be made The term ‘critical electric infrastructure’ means lish rules of procedure that ensure that such au- available to the public. The Commission may ex- a system or asset of the bulk-power system, thority can be exercised expeditiously. clude such a condition from the renewed or re- whether physical or virtual, the incapacity or ‘‘(2) NOTIFICATION OF CONGRESS.—Whenever issued order if it determines that such condition destruction of which would negatively affect the President issues and provides to the Sec- would prevent the order from adequately ad- national security, economic security, public retary a written directive or determination dressing the emergency necessitating such order health or safety, or any combination of such under paragraph (1), the President shall and provides in the order, or otherwise makes matters. promptly notify congressional committees of rel- publicly available, an explanation of such deter- ‘‘(3) CRITICAL ELECTRIC INFRASTRUCTURE IN- evant jurisdiction, including the Committee on mination. FORMATION.—The term ‘critical electric infra- Energy and Commerce of the House of Rep- ‘‘(5) If an order issued under this subsection is structure information’ means information re- resentatives and the Committee on Energy and subsequently stayed, modified, or set aside by a lated to critical electric infrastructure, or pro- Natural Resources of the Senate, of the contents court pursuant to section 313 or any other provi- posed critical electrical infrastructure, gen- of, and justification for, such directive or deter- sion of law, any omission or action previously erated by or provided to the Commission or other mination. taken by a party that was necessary to comply Federal agency, other than classified national ‘‘(3) CONSULTATION.—Before issuing an order with the order while the order was in effect, insecurity information, that is designated as crit- for emergency measures under paragraph (1), cluding any omission or action taken to volun- ical electric infrastructure information by the the Secretary shall, to the extent practicable in tarily comply with the order, shall remain sub- Commission under subsection (d)(2). Such term light of the nature of the grid security emer- ject to paragraph (3).’’. includes information that qualifies as critical gency and the urgency of the need for action,

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consult with appropriate governmental authori- ‘‘(1) PROTECTION OF CRITICAL ELECTRIC INFRA- in part, from a document or electronic commu- ties in Canada and Mexico, entities described in STRUCTURE INFORMATION.—Critical electric in- nication if the Commission determines that the paragraph (4), the Electricity Sub-sector Coordi- frastructure information— unauthorized disclosure of such information nating Council, the Commission, and other ap- ‘‘(A) shall be exempt from disclosure under could no longer be used to impair the security or propriate Federal agencies regarding implemen- section 552(b)(3) of title 5, United States Code; reliability of the bulk-power system or distribu- tation of such emergency measures. and tion facilities. ‘‘(4) APPLICATION.—An order for emergency ‘‘(B) shall not be made available by any Fed- ‘‘(10) JUDICIAL REVIEW OF DESIGNATIONS.— measures under this subsection may apply to— eral, State, political subdivision or tribal au- Notwithstanding section 313(b), any determina- ‘‘(A) the Electric Reliability Organization; thority pursuant to any Federal, State, political tion by the Commission concerning the designa- ‘‘(B) a regional entity; or subdivision or tribal law requiring public disclo- tion of critical electric infrastructure informa- ‘‘(C) any owner, user, or operator of critical sure of information or records. tion under this subsection shall be subject to re- electric infrastructure or of defense critical elec- ‘‘(2) DESIGNATION AND SHARING OF CRITICAL view under chapter 7 of title 5, United States tric infrastructure within the United States. ELECTRIC INFRASTRUCTURE INFORMATION.—Not Code, except that such review shall be brought ‘‘(5) EXPIRATION AND REISSUANCE.— later than one year after the date of enactment in the district court of the United States in the ‘‘(A) IN GENERAL.—Except as provided in sub- of this section, the Commission, in consultation district in which the complainant resides, or has paragraph (B), an order for emergency measures with the Secretary of Energy, shall promulgate his principal place of business, or in the District issued under paragraph (1) shall expire no later such regulations and issue such orders as nec- of Columbia. In such a case the court shall ex- than 15 days after its issuance. essary to— amine in camera the contents of documents or ‘‘(B) EXTENSIONS.—The Secretary may reissue ‘‘(A) designate information as critical electric electronic communications that are the subject an order for emergency measures issued under infrastructure information; of the determination under review to determine paragraph (1) for subsequent periods, not to ex- ‘‘(B) prohibit the unauthorized disclosure of whether such documents or any part thereof ceed 15 days for each such period, provided that critical electric infrastructure information; were improperly designated or not designated as the President, for each such period, issues and ‘‘(C) ensure there are appropriate sanctions in critical electric infrastructure information. provides to the Secretary a written directive or place for Commissioners, officers, employees, or ‘‘(e) MEASURES TO ADDRESS GRID SECURITY determination that the grid security emergency agents of the Commission who knowingly and VULNERABILITIES.— identified under paragraph (1) continues to exist willfully disclose critical electric infrastructure ‘‘(1) COMMISSION AUTHORITY.— or that the emergency measure continues to be information in a manner that is not authorized required. ‘‘(A) RELIABILITY STANDARDS.—If the Commis- under this section; and sion, in consultation with appropriate Federal ‘‘(6) COST RECOVERY.— ‘‘(D) taking into account standards of the ‘‘(A) CRITICAL ELECTRIC INFRASTRUCTURE.—If agencies, identifies a grid security vulnerability Electric Reliability Organization, facilitate vol- that the Commission determines has not ade- the Commission determines that owners, opera- untary sharing of critical electric infrastructure tors, or users of critical electric infrastructure quately been addressed through a reliability information with, between, and by— standard developed and approved under section have incurred substantial costs to comply with ‘‘(i) Federal, State, political subdivision, and 215, the Commission shall, after notice and op- an order for emergency measures issued under tribal authorities; portunity for comment and after consultation this subsection and that such costs were pru- ‘‘(ii) the Electric Reliability Organization; with the Secretary, other appropriate Federal dently incurred and cannot reasonably be recov- ‘‘(iii) regional entities; ered through regulated rates or market prices ‘‘(iv) information sharing and analysis centers agencies, and appropriate governmental au- for the electric energy or services sold by such established pursuant to Presidential Decision thorities in Canada and Mexico, issue an order owners, operators, or users, the Commission Directive 63; directing the Electric Reliability Organization to shall, consistent with the requirements of sec- ‘‘(v) owners, operators, and users of critical submit to the Commission for approval under tion 205, after notice and an opportunity for electric infrastructure in the United States; and section 215, not later than 30 days after the comment, establish a mechanism that permits ‘‘(vi) other entities determined appropriate by issuance of such order, a reliability standard re- such owners, operators, or users to recover such the Commission. quiring implementation, by any owner, oper- costs. ‘‘(3) CONSIDERATIONS.—In promulgating regu- ator, or user of the bulk-power system in the ‘‘(B) DEFENSE CRITICAL ELECTRIC INFRASTRUC- lations and issuing orders under paragraph (2), United States, of measures to protect the bulk- TURE.—To the extent the owner or operator of the Commission shall take into consideration the power system against such vulnerability. Any defense critical electric infrastructure is re- role of State commissions in reviewing the pru- such standard shall include a protection plan, quired to take emergency measures pursuant to dence and cost of investments, determining the including automated hardware-based solutions. an order issued under this subsection, the own- rates and terms of conditions for electric serv- The Commission shall approve a reliability ers or operators of a critical defense facility or ices, and ensuring the safety and reliability of standard submitted pursuant to this subpara- facilities designated by the Secretary pursuant the bulk-power system and distribution facilities graph, unless the Commission determines that to subsection (c) that rely upon such infrastruc- within their respective jurisdictions. such reliability standard does not adequately ture shall bear the full incremental costs of the ‘‘(4) PROTOCOLS.—The Commission shall, in protect against such vulnerability or otherwise measures. consultation with Canadian and Mexican au- does not satisfy the requirements of section 215. ‘‘(7) TEMPORARY ACCESS TO CLASSIFIED INFOR- thorities, develop protocols for the voluntary ‘‘(B) MEASURES TO ADDRESS GRID SECURITY MATION.—The Secretary, and other appropriate sharing of critical electric infrastructure infor- VULNERABILITIES.—If the Commission, after no- Federal agencies, shall, to the extent practicable mation with Canadian and Mexican authorities tice and opportunity for comment and after con- and consistent with their obligations to protect and owners, operators, and users of the bulk- sultation with the Secretary, other appropriate classified information, provide temporary access power system outside the United States. Federal agencies, and appropriate governmental to classified information related to a grid secu- ‘‘(5) NO REQUIRED SHARING OF INFORMATION.— authorities in Canada and Mexico, determines rity emergency for which emergency measures Nothing in this section shall require a person or that the reliability standard submitted by the are issued under paragraph (1) to key personnel entity in possession of critical electric infra- Electric Reliability Organization to address a of any entity subject to such emergency meas- structure information to share such information grid security vulnerability identified under sub- ures to enable optimum communication between with Federal, State, political subdivision, or paragraph (A) does not adequately protect the the entity and the Secretary and other appro- tribal authorities, or any other person or entity. bulk-power system against such vulnerability, priate Federal agencies regarding the grid secu- ‘‘(6) SUBMISSION OF INFORMATION TO CON- the Commission shall promulgate a rule or issue rity emergency. GRESS.—Nothing in this section shall permit or an order requiring implementation, by any ‘‘(c) DESIGNATION OF CRITICAL DEFENSE FA- authorize the withholding of information from owner, operator, or user of the bulk-power sys- CILITIES.—Not later than 180 days after the date Congress, any committee or subcommittee there- tem in the United States, of measures to protect of enactment of this section, the Secretary, in of, or the Comptroller General. the bulk-power system against such vulner- consultation with other appropriate Federal ‘‘(7) DISCLOSURE OF PROTECTED INFORMA- ability. Any such rule or order shall include a agencies and appropriate owners, users, or oper- TION.—In implementing this section, the Com- protection plan, including automated hardware- ators of infrastructure that may be defense crit- mission shall segregate critical electric infra- based solutions. Before promulgating a rule or ical electric infrastructure, shall identify and structure information or information that rea- issuing an order under this subparagraph, the designate facilities located in the United States sonably could be expected to lead to the disclo- Commission shall, to the extent practicable in (including the territories) that are— sure of the critical electric infrastructure infor- light of the urgency of the need for action to ad- ‘‘(1) critical to the defense of the United mation within documents and electronic commu- dress the grid security vulnerability, request and States; and nications, wherever feasible, to facilitate disclo- consider recommendations from the Electric Re- ‘‘(2) vulnerable to a disruption of the supply sure of information that is not designated as liability Organization regarding such rule or of electric energy provided to such facility by an critical electric infrastructure information. order. The Commission may establish an appro- external provider. ‘‘(8) DURATION OF DESIGNATION.—Information priate deadline for the submission of such rec- The Secretary may, in consultation with appro- may not be designated as critical electric infra- ommendations. priate Federal agencies and appropriate owners, structure information for longer than 5 years, ‘‘(2) RESCISSION.—The Commission shall ap- users, or operators of defense critical electric in- unless specifically re-designated by the Commis- prove a reliability standard developed under frastructure, periodically revise the list of des- sion. section 215 that addresses a grid security vulner- ignated facilities as necessary. ‘‘(9) REMOVAL OF DESIGNATION.—The Commis- ability that is the subject of a rule or order ‘‘(d) PROTECTION AND SHARING OF CRITICAL sion shall remove the designation of critical under paragraph (1)(B), unless the Commission ELECTRIC INFRASTRUCTURE INFORMATION.— electric infrastructure information, in whole or determines that such reliability standard does

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Upon such approval, the ‘‘(g) CLARIFICATIONS OF LIABILITY.— meets relevant Department of Transportation Commission shall rescind the rule promulgated ‘‘(1) COMPLIANCE WITH OR VIOLATION OF THIS regulations; and or order issued under paragraph (1)(B) address- ACT.—Except as provided in paragraph (4), to (B) intended for express deployment and ca- ing such vulnerability, effective upon the effec- the extent any action or omission taken by an pable of being rapidly placed into service. tive date of the newly approved reliability entity that is necessary to comply with an order (6) LARGE POWER TRANSFORMER.—The term standard. for emergency measures issued under subsection ‘‘large power transformer’’ means a power ‘‘(3) GEOMAGNETIC STORMS AND ELECTRO- (b)(1), including any action or omission taken to transformer with a maximum nameplate rating MAGNETIC PULSE.—Not later than 6 months after voluntarily comply with such order, results in of 100 megavolt-amperes or higher, including re- the date of enactment of this section, the Com- noncompliance with, or causes such entity not lated critical equipment, that is, or is intended mission shall, after notice and an opportunity to comply with any rule, order, regulation, or to be, a part of the bulk-power system. for comment and after consultation with the provision of this Act, including any reliability (7) SECRETARY.—The term ‘‘Secretary’’ means Secretary and other appropriate Federal agen- standard approved by the Commission pursuant the Secretary of Energy. cies, issue an order directing the Electric Reli- to section 215, such action or omission shall not (8) SPARE LARGE POWER TRANSFORMER.—The ability Organization to submit to the Commis- be considered a violation of such rule, order, term ‘‘spare large power transformer’’ means a sion for approval under section 215, not later regulation, or provision. large power transformer that is stored within than 6 months after the issuance of such order, ‘‘(2) RELATION TO SECTION 202(c).—Except as the Strategic Transformer Reserve to be avail- reliability standards adequate to protect the provided in paragraph (4), an action or omission able to temporarily replace a critically damaged bulk-power system from any reasonably foresee- taken by an owner, operator, or user of critical large power transformer. able geomagnetic storm or electromagnetic pulse electric infrastructure or of defense critical elec- (c) STRATEGIC TRANSFORMER RESERVE PLAN.— event. The Commission’s order shall specify the tric infrastructure to comply with an order for (1) PLAN.—Not later than 1 year after the date nature and magnitude of the reasonably foresee- emergency measures issued under subsection of enactment of this Act, the Secretary, acting able events against which such standards must (b)(1) shall be treated as an action or omission through the Office of Electricity Delivery and protect. Such standards shall appropriately bal- taken to comply with an order issued under sec- Energy Reliability, shall, in consultation with ance the risks to the bulk-power system associ- tion 202(c) for purposes of such section. the Federal Energy Regulatory Commission, the ated with such events, including any regional ‘‘(3) SHARING OR RECEIPT OF INFORMATION.— Electricity Sub-sector Coordinating Council, the variation in such risks, the costs of mitigating No cause of action shall lie or be maintained in Electric Reliability Organization, and owners such risks, and the priorities and timing associ- any Federal or State court for the sharing or re- and operators of critical electric infrastructure ated with implementation. If the Commission de- ceipt of information under, and that is con- and defense and military installations, prepare termines that the reliability standards submitted ducted in accordance with, subsection (d). and submit to Congress a plan to establish a by the Electric Reliability Organization pursu- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this Strategic Transformer Reserve for the storage, ant to this paragraph are inadequate, the Com- subsection shall be construed to require dis- in strategically located facilities, of spare large mission shall promulgate a rule or issue an order missal of a cause of action against an entity power transformers and emergency mobile sub- adequate to protect the bulk-power system from that, in the course of complying with an order stations in sufficient numbers to temporarily re- geomagnetic storms or electromagnetic pulse as for emergency measures issued under subsection place critically damaged large power trans- required under paragraph (1)(B). (b)(1) by taking an action or omission for which formers and substations that are critical electric ‘‘(4) LARGE TRANSFORMER AVAILABILITY.—Not they would be liable but for paragraph (1) or infrastructure or serve defense and military in- later than 1 year after the date of enactment of (2), takes such action or omission in a grossly stallations. this section, the Commission shall, after notice negligent manner.’’. (2) INCLUSIONS.—The Strategic Transformer and an opportunity for comment and after con- (b) CONFORMING AMENDMENTS.— Reserve plan shall include a description of— sultation with the Secretary and other appro- (1) JURISDICTION.—Section 201(b)(2) of the (A) the appropriate number and type of spare priate Federal agencies, issue an order directing Federal Power Act (16 U.S.C. 824(b)(2)) is large power transformers necessary to provide or the Electric Reliability Organization to submit amended by inserting ‘‘215A,’’ after ‘‘215,’’ each restore sufficient resiliency to the bulk-power to the Commission for approval under section place it appears. system, critical electric infrastructure, and de- 215, not later than 1 year after the issuance of (2) PUBLIC UTILITY.—Section 201(e) of the fense and military installations to mitigate sig- such order, reliability standards addressing Federal Power Act (16 U.S.C. 824(e)) is amended nificant impacts to the electric grid resulting availability of large transformers. Such stand- by inserting ‘‘215A,’’ after ‘‘215,’’. from— ards shall require entities that own or operate (i) physical attack; SEC. 1105. STRATEGIC TRANSFORMER RESERVE. large transformers to ensure, individually or (ii) cyber attack; jointly, adequate availability of large trans- (a) FINDING.—Congress finds that the storage (iii) electromagnetic pulse attack; formers to promptly restore the reliable oper- of strategically located spare large power trans- (iv) geomagnetic disturbances; ation of the bulk-power system in the event that formers and emergency mobile substations will (v) severe weather; or any such transformer is destroyed or disabled as reduce the vulnerability of the United States to (vi) seismic events; a result of a geomagnetic storm event or electro- multiple risks facing electric grid reliability, in- (B) other critical electric grid equipment for magnetic pulse event. The Commission’s order cluding physical attack, cyber attack, electro- which an inventory of spare equipment, includ- shall specify the nature and magnitude of the magnetic pulse, geomagnetic disturbances, se- ing emergency mobile substations, is necessary reasonably foreseeable events that shall provide vere weather, and seismic events. to provide or restore sufficient resiliency to the the basis for such standards. Such standards (b) DEFINITIONS.—In this section: bulk-power system, critical electric infrastruc- shall— (1) BULK-POWER SYSTEM.—The term ‘‘bulk- ture, and defense and military installations; ‘‘(A) provide entities subject to the standards power system’’ has the meaning given such term (C) the degree to which utility sector actions with the option of meeting such standards indi- in section 215(a) of the Federal Power Act (16 or initiatives, including individual utility own- vidually or jointly; and U.S.C. 824o(a)). ership of spare equipment, joint ownership of ‘‘(B) appropriately balance the risks associ- (2) CRITICALLY DAMAGED LARGE POWER TRANS- spare equipment inventory, sharing agreements, ated with a reasonably foreseeable event, in- FORMER.—The term ‘‘critically damaged large or other spare equipment reserves or arrange- cluding any regional variation in such risks, power transformer’’ means a large power trans- ments, satisfy the needs identified under sub- and the costs of ensuring adequate availability former that— paragraphs (A) and (B); of spare transformers. (A) has sustained extensive damage such (D) the potential locations for, and feasibility ‘‘(5) CERTAIN FEDERAL ENTITIES.—For the 11- that— and appropriate number of, strategic storage lo- year period commencing on the date of enact- (i) repair or refurbishment is not economically cations for reserve equipment, including consid- ment of this section, the Tennessee Valley Au- viable; or eration of— thority and the Bonneville Power Administra- (ii) the extensive time to repair or refurbish (i) the physical security of such locations; tion shall be exempt from any requirement the large power transformer would create an ex- (ii) the protection of the confidentiality of under this subsection. tended period of instability in the bulk-power such locations; and ‘‘(f) SECURITY CLEARANCES.—The Secretary system; and (iii) the proximity of such locations to sites of shall facilitate and, to the extent practicable, (B) prior to sustaining such damage, was part potentially critically damaged large power expedite the acquisition of adequate security of the bulk-power system. transformers and substations that are critical clearances by key personnel of any entity sub- (3) CRITICAL ELECTRIC INFRASTRUCTURE.—The electric infrastructure or serve defense and mili- ject to the requirements of this section, to enable term ‘‘critical electric infrastructure’’ has the tary installations, so as to enable efficient deliv- optimum communication with Federal agencies meaning given that term in section 215A of the ery of equipment to such sites; regarding threats to the security of the critical Federal Power Act. (E) the necessary degree of flexibility of spare electric infrastructure. The Secretary, the Com- (4) ELECTRIC RELIABILITY ORGANIZATION.—The large power transformers to be included in the mission, and other appropriate Federal agencies term ‘‘Electric Reliability Organization’’ has the Strategic Transformer Reserve to conform to dif- shall, to the extent practicable and consistent meaning given such term in section 215(a) of the ferent substation configurations, including con- with their obligations to protect classified and Federal Power Act (16 U.S.C. 824o(a)). sideration of transformer— critical electric infrastructure information, (5) EMERGENCY MOBILE SUBSTATION.—The (i) power and voltage rating for each winding; share timely actionable information regarding term ‘‘emergency mobile substation’’ means a (ii) overload requirements; grid security with appropriate key personnel of mobile substation or mobile transformer that is— (iii) impedance between windings;

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3125 (iv) configuration of windings; and use in the bulk-power system, including prod- ‘‘(iii) cybersecurity products and components; (v) tap requirements; ucts relating to industrial control systems, such ‘‘(iv) distributed generation, including back- (F) an estimate of the direct cost of the Stra- as supervisory control and data acquisition sys- up generation to power critical facilities and es- tegic Transformer Reserve, as proposed, includ- tems; sential services, and related integration compo- ing— (2) for products tested and identified under nents, such as advanced inverter technology; (i) the cost of storage facilities; the Cyber Sense program, establish and main- ‘‘(v) microgrid systems, including hybrid (ii) the cost of the equipment; and tain cybersecurity vulnerability reporting proc- microgrid systems for isolated communities; (iii) management, maintenance, and operation esses and a related database; ‘‘(vi) combined heat and power; costs; (3) promulgate regulations regarding vulner- ‘‘(vii) waste heat resources; (G) the funding options available to establish, ability reporting processes for products tested ‘‘(viii) non-grid-scale energy storage tech- stock, manage, and maintain the Strategic and identified under the Cyber Sense program; nologies; Transformer Reserve, including consideration of (4) provide technical assistance to utilities, ‘‘(ix) wiring, cabling, and other distribution fees on owners and operators of bulk-power sys- product manufacturers, and other electric sector components, including submersible distribution tem facilities, critical electric infrastructure, stakeholders to develop solutions to mitigate components, and enclosures; ‘‘(x) electronically controlled reclosers and and defense and military installations relying identified vulnerabilities in products tested and similar technologies for power restoration, in- on the Strategic Transformer Reserve, use of identified under the Cyber Sense program; cluding emergency mobile substations, as de- Federal appropriations, and public-private cost- (5) biennially review products tested and iden- fined in section 1105 of the North American En- sharing options; tified under the Cyber Sense program for (H) the ease and speed of transportation, in- vulnerabilities and provide analysis with respect ergy Security and Infrastructure Act of 2016; ‘‘(xi) advanced energy analytics technology, stallation, and energization of spare large power to how such products respond to and mitigate such as Internet-based and cloud-based com- transformers to be included in the Strategic cyber threats; puting solutions and subscription licensing mod- Transformer Reserve, including consideration of (6) develop procurement guidance for utilities els; factors such as— for products tested and identified under the Cyber Sense program; ‘‘(xii) measures that enhance resilience (i) transformer transportation weight; through planning, preparation, response, and (ii) transformer size; (7) provide reasonable notice to the public, and solicit comments from the public, prior to recovery activities; (iii) topology of critical substations; ‘‘(xiii) operational capabilities to enhance re- (iv) availability of appropriate transformer establishing or revising the Cyber Sense testing process; silience through rapid response recovery; and mounting pads; ‘‘(xiv) measures to ensure availability of key (v) flexibility of the spare large power trans- (8) oversee Cyber Sense testing carried out by third parties; and critical components through contracts, coopera- formers as described in subparagraph (E); and tive agreements, stockpiling and prepositioning, (vi) ability to rapidly transition a spare large (9) consider incentives to encourage the use in the bulk-power system of products tested and or other measures. power transformer from storage to energization; ‘‘(C) RATE RECOVERY.—Each State regulatory (I) eligibility criteria for withdrawal of equip- identified under the Cyber Sense program. (c) DISCLOSURE OF INFORMATION.—Any vul- authority (with respect to each electric utility ment from the Strategic Transformer Reserve; for which it has ratemaking authority) shall (J) the process by which owners or operators nerability reported pursuant to regulations promulgated under subsection (b)(3), the disclosure consider authorizing each such electric utility to of critically damaged large power transformers recover any capital, operating expenditure, or or substations that are critical electric infra- of which the agency reasonably foresees would cause harm to critical electric infrastructure (as other costs of the electric utility related to the structure or serve defense and military installa- procurement, deployment, or use of resiliency- tions may apply for a withdrawal from the Stra- defined in section 215A of the Federal Power Act), shall be deemed to be critical electric infra- related technologies, including a reasonable rate tegic Transformer Reserve; of return on the capital expenditures of the elec- (K) the process by which equipment with- structure information for purposes of section tric utility for the procurement, deployment, or drawn from the Strategic Transformer Reserve is 215A(d) of the Federal Power Act. use of resiliency-related technologies. returned to the Strategic Transformer Reserve or (d) FEDERAL GOVERNMENT LIABILITY.—Con- sistent with other voluntary Federal Govern- ‘‘(21) PROMOTING INVESTMENTS IN ADVANCED is replaced; ENERGY ANALYTICS TECHNOLOGY.— (L) possible fees to be paid by users of equipment certification programs, nothing in this section shall be construed to authorize the com- ‘‘(A) IN GENERAL.—Each electric utility shall ment withdrawn from the Strategic Transformer develop and implement a plan for deploying ad- Reserve; mencement of an action against the United States Government with respect to the testing vanced energy analytics technology. (M) possible fees to be paid by owners and op- ‘‘(B) RATE RECOVERY.—Each State regulatory erators of large power transformers and sub- and identification of a product under the Cyber Sense program. authority (with respect to each electric utility stations that are critical electric infrastructure for which it has ratemaking authority) shall SEC. 1107. STATE COVERAGE AND CONSIDER- or serve defense and military installations to consider confirming and clarifying, if necessary, cover operating costs of the Strategic Trans- ATION OF PURPA STANDARDS FOR ELECTRIC UTILITIES. that each such electric utility is authorized to former Reserve; (a) STATE CONSIDERATION OF RESILIENCY AND recover the costs of the electric utility relating to (N) the domestic and international large ADVANCED ENERGY ANALYTICS TECHNOLOGIES the procurement, deployment, or use of ad- power transformer supply chain; AND RELIABLE GENERATION.— vanced energy analytics technology, including a (O) the potential reliability, cost, and oper- (1) CONSIDERATION.—Section 111(d) of the reasonable rate of return on all such costs in- ational benefits of including emergency mobile Public Utility Regulatory Policies Act of 1978 (16 curred by the electric utility for the procure- substations in any Strategic Transformer Re- U.S.C. 2621(d)) is amended by adding the fol- ment, deployment, or use of advanced energy serve established under this section; and lowing at the end: analytics technology, provided such technology (P) other considerations for designing, con- ‘‘(20) IMPROVING THE RESILIENCE OF ELECTRIC is used by the electric utility for purposes of re- structing, stocking, funding, and managing the INFRASTRUCTURE.— alizing operational efficiencies, cost savings, en- Strategic Transformer Reserve. ‘‘(A) IN GENERAL.—Each electric utility shall hanced energy management and customer en- (d) ESTABLISHMENT.—The Secretary may es- develop a plan to use resiliency-related tech- gagement, improvements in system reliability, tablish a Strategic Transformer Reserve in ac- nologies, upgrades, measures, and other ap- safety, and cybersecurity, or other benefits to cordance with the plan prepared pursuant to proaches designed to improve the resilience of ratepayers. subsection (c) after the date that is 6 months electric infrastructure, mitigate power outages, ‘‘(C) ADVANCED ENERGY ANALYTICS TECH- after the date on which such plan is submitted continue delivery of vital services, and maintain NOLOGY.—For purposes of this paragraph, ex- to Congress. the flow of power to facilities critical to public amples of advanced energy analytics technology (e) DISCLOSURE OF INFORMATION.—Any infor- health, safety, and welfare, to the extent prac- include Internet-based and cloud-based com- mation included in the Strategic Transformer ticable using the most current data, metrics, and puting solutions and subscription licensing mod- Reserve plan, or shared in the preparation and frameworks related to current and future els, including software as a service that uses development of such plan, the disclosure of threats, including physical and cyber attacks, cyber-physical systems to allow the correlation which the agency reasonably foresees would electromagnetic pulse attacks, geomagnetic dis- of data aggregated from appropriate data cause harm to critical electric infrastructure, turbances, seismic events, and severe weather sources and smart grid sensor networks, employs shall be deemed to be critical electric infrastruc- and other environmental stressors. analytics and machine learning, or employs ture information for purposes of section 215A(d) ‘‘(B) RESILIENCY-RELATED TECHNOLOGIES.— other advanced computing solutions and models. of the Federal Power Act. For purposes of this paragraph, examples of re- ‘‘(22) ASSURING ELECTRIC RELIABILITY WITH SEC. 1106. CYBER SENSE. siliency-related technologies, upgrades, meas- RELIABLE GENERATION.— (a) IN GENERAL.—The Secretary of Energy ures, and other approaches include— ‘‘(A) ASSURANCE OF ELECTRIC RELIABILITY.— shall establish a voluntary Cyber Sense program ‘‘(i) hardening, or other enhanced protection, Each electric utility shall adopt or modify poli- to identify and promote cyber-secure products of utility poles, wiring, cabling, and other dis- cies to ensure that such electric utility incor- intended for use in the bulk-power system, as tribution components, facilities, or structures; porates reliable generation into its integrated re- defined in section 215(a) of the Federal Power ‘‘(ii) advanced grid technologies capable of source plan to assure the availability of electric Act (16 U.S.C. 824o(a)). isolating or repairing problems remotely, such as energy over a 10-year planning period. (b) PROGRAM REQUIREMENTS.—In carrying out advanced metering infrastructure, high-tech ‘‘(B) RELIABLE GENERATION.—For purposes of subsection (a), the Secretary of Energy shall— sensors, grid monitoring and control systems, this paragraph, ‘reliable generation’ means elec- (1) establish a Cyber Sense testing process to and remote reconfiguration and redundancy tric generation facilities with reliability at- identify products and technologies intended for systems; tributes that include—

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3126 CONGRESSIONAL RECORD — HOUSE May 25, 2016 ‘‘(i)(I) possession of adequate fuel on-site to ‘‘(8)(A) Not later than 6 months after the date (D) energy delivery and infrastructure, in- enable operation for an extended period of time; of enactment of this paragraph, each State reg- cluding electric transmission facilities and nat- ‘‘(II) the operational ability to generate elec- ulatory authority (with respect to each electric ural gas pipelines. tric energy from more than one source; or utility for which it has ratemaking authority) (2) RELEVANT INFORMATION.— ‘‘(III) fuel certainty, through firm contractual and each nonregulated electric utility shall com- (A) MATERIALS FROM FEDERAL AGENCIES.—A obligations (which may not be required to be for mence the consideration referred to in section Federal agency shall provide to the Commission a period longer than one year), that ensures 111, or set a hearing date for consideration, with materials and information relevant to the anal- adequate fuel supply to enable operation, for an respect to the standard established by para- ysis required under paragraph (1) for a rule, in- extended period of time, for the duration of an graph (21) of section 111(d). cluding relevant data, modeling, and resource emergency or severe weather conditions; ‘‘(B) Not later than 1 year after the date of adequacy and reliability assessments, prepared ‘‘(ii) operational characteristics that enable enactment of this paragraph, each State regu- or relied upon by such agency in developing the the generation of electric energy for the dura- latory authority (with respect to each electric rule. tion of an emergency or severe weather condi- utility for which it has ratemaking authority) (B) ANALYSES FROM OTHER ENTITIES.—The tions; and and each nonregulated electric utility shall com- Electric Reliability Organization, regional enti- ‘‘(iii) unless procured through other procure- plete the consideration, and shall make the de- ties, regional transmission organizations, inde- ment mechanisms, essential reliability services, termination, referred to in section 111 with re- pendent system operators, and other reliability including frequency support and regulation spect to the standard established by paragraph coordinators and planning authorities shall services. (21) of section 111(d).’’. timely conduct analyses and provide such infor- ‘‘(23) SUBSIDIZATION OF CUSTOMER-SIDE TECH- (B) FAILURE TO COMPLY.—Section 112(c) of mation as may be reasonably requested by the NOLOGY.— the Public Utility Regulatory Policies Act of Commission. ‘‘(A) CONSIDERATION.—To the extent that a 1978 (16 U.S.C. 2622(c)) is amended by adding (3) NOTICE.—A Federal agency shall provide State regulatory authority may require or allow the following at the end: ‘‘In the case of the to the Commission notice of the issuance of any rates charged by any electric utility for which it standards established by paragraphs (20) proposed or final covered rule not later than 15 has ratemaking authority to electric consumers through (23) of section 111(d), the reference con- days after the date of such issuance. that do not use a customer-side technology to tained in this subsection to the date of enact- (c) PROPOSED RULES.—Not later than 150 days include any cost, fee, or charge that directly or ment of this Act shall be deemed to be a ref- after the date of publication in the Federal Reg- indirectly cross-subsidizes the deployment, con- erence to the date of enactment of such para- ister of a proposed rule described in subsection struction, maintenance, or operation of that graphs.’’. (a), the Federal Energy Regulatory Commission customer-side technology, such authority shall (C) PRIOR STATE ACTIONS.—Section 112 of the shall make available to the public an analysis of evaluate whether subsidizing the deployment, Public Utility Regulatory Policies Act of 1978 (16 the proposed rule conducted in accordance with construction, maintenance, or operation of a U.S.C. 2622) is amended by adding at the end subsection (b), and any relevant special assess- customer-side technology would— the following new subsection: ment or seasonal or long-term reliability assess- ‘‘(i) result in benefits predominately enjoyed ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) ment completed by the Electric Reliability Orga- by only the users of that customer-side tech- and (c) of this section shall not apply to a nization. nology; standard established by paragraph (20), (21), (d) FINAL RULES.— ‘‘(ii) shift costs of a customer-side technology (22), or (23) of section 111(d) in the case of any (1) INCLUSION.—A final rule described in sub- to electricity consumers that do not use that electric utility in a State if— section (a) shall include, if available at the time customer-side technology, particularly where ‘‘(1) before the date of enactment of this sub- of issuance, a copy of the analysis conducted disparate economic or resource conditions exist section, the State has implemented for such util- pursuant to subsection (c) of the rule as pro- among the electricity consumers cross-sub- ity the standard concerned (or a comparable posed. (2) ANALYSIS.—Not later than 120 days after sidizing the costumer-side technology; standard); the date of publication in the Federal Register ‘‘(iii) negatively affect resource utilization, ‘‘(2) the State regulatory authority for such of a final rule described in subsection (a), the fuel diversity, or grid security; State or relevant nonregulated electric utility ‘‘(iv) provide any unfair competitive advan- has conducted a proceeding to consider imple- Federal Energy Regulatory Commission shall tage to market the customer-side technology; mentation of the standard concerned (or a com- make available to the public an analysis of the and parable standard) for such utility during the 3- final rule conducted in accordance with sub- ‘‘(v) be necessary to fulfill an obligation to year period ending on the date of enactment of section (b), and any relevant special assessment serve electric consumers. this subsection; or or seasonal or long-term reliability assessment ‘‘(B) PUBLIC NOTICE.—Each State regulatory ‘‘(3) the State legislature has voted on the im- completed by the Electric Reliability Organiza- authority shall make available to the public the plementation of the standard concerned (or a tion. EFINITIONS.—In this section: evaluation completed under subparagraph (A) comparable standard) for such utility during the (e) D (1) ELECTRIC RELIABILITY ORGANIZATION.—The at least 90 days prior to any proceedings in 3-year period ending on the date of enactment term ‘‘Electric Reliability Organization’’ has the which such authority considers the cross-sub- of this subsection.’’. (b) COVERAGE FOR COMPETITIVE MARKETS.— meaning given to such term in section 215(a) of sidization of a customer-side technology. Section 102 of the Public Utility Regulatory the Federal Power Act (16 U.S.C. 824o(a)). ‘‘(C) CUSTOMER-SIDE TECHNOLOGY.—For pur- Policies Act of 1978 (16 U.S.C. 2612) is amended (2) FEDERAL AGENCY.—The term ‘‘Federal poses of this paragraph, the term ‘customer-side agency’’ means an agency, as that term is de- technology’ means a device connected to the by adding at the end the following: ‘‘(d) COVERAGE FOR COMPETITIVE MARKETS.— fined in section 551 of title 5, United States electricity distribution system— The requirements of this title do not apply to Code. ‘‘(i) at, or on the customer side of, the meter; the operations of an electric utility, or to pro- (3) COVERED RULE.—The term ‘‘covered rule’’ or ceedings respecting such operations, to the ex- means a proposed or final rule that is estimated ‘‘(ii) that, if owned or operated by or on be- tent that such operations or proceedings, or any by the Federal agency issuing the rule, or the half of an electric utility, would otherwise be at, portion thereof, relate to the competitive sale of Director of the Office of Management and or on the customer side of, the meter.’’. retail electric energy that is unbundled or sepa- Budget, to result in an annual effect on the (2) COMPLIANCE.— economy of $1,000,000,000 or more. (A) TIME LIMITATIONS.—Section 112(b) of the rated from the regulated provision or sale of dis- SEC. 1109. INCREASED ACCOUNTABILITY WITH Public Utility Regulatory Policies Act of 1978 (16 tribution service.’’. SEC. 1108. RELIABILITY ANALYSIS FOR CERTAIN RESPECT TO CARBON CAPTURE, UTI- U.S.C. 2622(b)) is amended by adding at the end LIZATION, AND SEQUESTRATION the following: RULES THAT AFFECT ELECTRIC GEN- ERATING FACILITIES. PROJECTS. ‘‘(7)(A) Not later than 1 year after the date of (a) APPLICABILITY.—This section shall apply (a) DOE EVALUATION.— enactment of this paragraph, each State regu- with respect to any proposed or final covered (1) IN GENERAL.—The Secretary of Energy (in latory authority (with respect to each electric rule issued by a Federal agency for which com- this section referred to as the ‘‘Secretary’’) utility for which it has ratemaking authority) pliance with the rule may impact an electric shall, in accordance with this section, annually and each nonregulated electric utility, as appli- utility generating unit or units, including by re- conduct an evaluation, and make recommenda- cable, shall commence the consideration referred sulting in closure or interruption to operations tions, with respect to each project conducted by to in section 111, or set a hearing date for con- of such a unit or units. the Secretary for research, development, dem- sideration, with respect to the standards estab- (b) RELIABILITY ANALYSIS.— onstration, or deployment of carbon capture, lished by paragraphs (20), (22), and (23) of sec- (1) ANALYSIS OF RULES.—The Federal Energy utilization, and sequestration technologies (also tion 111(d). Regulatory Commission, in consultation with known as carbon capture and storage and utili- ‘‘(B) Not later than 2 years after the date of the Electric Reliability Organization, shall con- zation technologies). the enactment of this paragraph, each State reg- duct an independent reliability analysis of a (2) SCOPE.—For purposes of this section, a ulatory authority (with respect to each electric proposed or final covered rule under this section project includes any contract, lease, cooperative utility for which it has ratemaking authority) to evaluate the anticipated effects of implemen- agreement, or other similar transaction with a and each nonregulated electric utility, as appli- tation and enforcement of the rule on— public agency or private organization or person, cable, shall complete the consideration, and (A) electric reliability and resource adequacy; entered into or performed, or any payment shall make the determination, referred to in sec- (B) the electricity generation portfolio of the made, by the Secretary for research, develop- tion 111 with respect to each standard estab- United States; ment, demonstration, or deployment of carbon lished by paragraphs (20), (22), and (23) of sec- (C) the operation of wholesale electricity mar- capture, utilization, and sequestration tech- tion 111(d). kets; and nologies.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3127

(b) REQUIREMENTS FOR EVALUATION.—In con- tral performance criteria that ensure the pro- (B) economic feasibility; ducting an evaluation of a project under this curement of sufficient capacity from physical (C) economic benefits; section, the Secretary shall— generation facilities that have reliability at- (D) geological storage capacity capabilities; (1) examine if the project has made advance- tributes that include— (E) above ground storage capabilities; ments toward achieving any specific goal of the ‘‘(i)(I) possession of adequate fuel on-site to (F) infrastructure needs; and (G) other markets and trading hubs, particu- project with respect to a carbon capture, utiliza- enable operation for an extended period of time; larly related to ethane; and tion, and sequestration technology; and ‘‘(II) the operational ability to generate elec- (2) identification of potential additional bene- (2) evaluate and determine if the project has tric energy from more than one fuel source; or fits to energy security. made significant progress in advancing a carbon ‘‘(III) fuel certainty, through firm contractual (c) PUBLICATION OF RESULTS.—Not later than capture, utilization, and sequestration tech- obligations, that ensures adequate fuel supply 2 years after the date of enactment of this Act, nology. to enable operation, for an extended period of the Secretaries of Energy and Commerce shall (c) RECOMMENDATIONS.—For each evaluation time, for the duration of an emergency or severe publish the results of the study conducted under of a project conducted under this section, if the weather conditions; subsection (a) on the websites of the Depart- Secretary determines that— ‘‘(ii) operational characteristics that enable ments of Energy and Commerce, respectively, (1) significant progress in advancing a carbon the generation of electric energy for the dura- and shall submit such results to the Committee capture, utilization, and sequestration tech- tion of an emergency or severe weather condi- on Energy and Commerce of the House of Rep- nology has been made, the Secretary shall assess tions; and resentatives and the Committees on Energy and the funding of the project and make a rec- ‘‘(iii) unless procured through other markets Natural Resources and Commerce, Science, and ommendation as to whether increased funding is or procurement mechanisms, essential reliability Transportation of the Senate. necessary to advance the project; or services, including frequency support and regu- (2) significant progress in advancing a carbon SEC. 1112. STATEMENT OF POLICY ON GRID MOD- lation services. ERNIZATION. capture, utilization, and sequestration tech- ‘‘(2) COMMISSION EVALUATION AND REPORT.— It is the policy of the United States to promote nology has not been made, the Secretary shall— Not later than 1 year after the date of enact- and advance— (A) assess the funding of the project and make ment of this section, the Commission shall make (1) the modernization of the energy delivery a recommendation as to whether increased publicly available, and submit to the Committee infrastructure of the United States, and bolster funding is necessary to advance the project; on Energy and Commerce in the House of Rep- the reliability, affordability, diversity, effi- (B) assess and determine if the project has resentatives and the Committee on Energy and ciency, security, and resiliency of domestic en- reached its full potential; and Natural Resources in the Senate, a report con- ergy supplies, through advanced grid tech- (C) make a recommendation as to whether the taining— nologies; project should continue. ‘‘(A) evaluation of whether the structure of (2) the modernization of the electric grid to (d) REPORTS.— each market addressed in an analysis submitted enable a robust multi-directional power flow (1) REPORT ON EVALUATIONS AND REC- pursuant to paragraph (1) meets the criteria that leverages centralized energy resources and OMMENDATIONS.—Not later than 2 years after under such paragraph, based on the analysis; distributed energy resources, enables robust re- the date of enactment of this Act, and every 2 and tail transactions, and facilitates the alignment years thereafter, the Secretary shall— ‘‘(B) to the extent a market so addressed does of business and regulatory models to achieve a (A) issue a report on the evaluations con- not meet such criteria, any recommendations grid that optimizes the entire electric delivery ducted and recommendations made during the with respect to the procurement of sufficient ca- system; previous year pursuant to this section; and pacity, as described in paragraph (1)(B). (3) relevant research and development in ad- (B) make each such report available on the ‘‘(b) COMMISSION EVALUATION AND REPORT vanced grid technologies, including— Internet website of the Department of Energy. FOR NEW SCHEDULES.— (A) energy storage; (2) REPORT.—Not later than 2 years after the ‘‘(1) INCLUSION OF ANALYSIS IN FILING.—Ex- (B) predictive tools and requisite real-time date of enactment of this Act, and every 3 years cept as provided in subsection (a)(2), whenever data to enable the dynamic optimization of grid thereafter, the Secretary shall submit to the a Regional Transmission Organization or Inde- operations; Subcommittee on Energy and Power of the Com- pendent System Operator files a new schedule (C) power electronics, including smart invert- mittee on Energy and Commerce and the Com- under section 205 to establish a market described ers, that ease the challenge of intermittent re- mittee on Science, Space, and Technology of the in subsection (a)(1), or that substantially modi- newable resources and distributed generation; House of Representatives and the Committee on (D) real-time data and situational awareness fies the capacity market design of a market de- Energy and Natural Resources and the Com- tools and systems; and scribed in subsection (a)(1), the Regional Trans- mittee on Commerce, Science, and Transpor- (E) tools to increase data security, physical mission Organization or Independent System tation of the Senate a report on— security, and cybersecurity awareness and pro- Operator shall include in any such filing the (A) the evaluations conducted and rec- tection; analysis required by subsection (a)(1). ommendations made during the previous 3 years (4) the leadership of the United States in basic ‘‘(2) EVALUATION AND REPORT.—Not later than pursuant to this section; and and applied sciences to develop a systems ap- 180 days of receiving an analysis under para- (B) the progress of the Department of Energy proach to innovation and development of cyber- graph (1), the Commission shall make publicly in advancing carbon capture, utilization, and secure advanced grid technologies, architec- available, and submit to the Committee on En- sequestration technologies, including progress in tures, and control paradigms capable of man- ergy and Commerce in the House of Representa- achieving the Department of Energy’s goal of aging diverse supplies and loads; tives and the Committee on Energy and Natural having an array of advanced carbon capture (5) the safeguarding of the critical energy de- Resources in the Senate, a report containing— and sequestration technologies ready by 2020 for livery infrastructure of the United States and ‘‘(A) an evaluation of whether the structure large-scale demonstration. the enhanced resilience of the infrastructure to of the market addressed in the analysis meets all hazards, including— SEC. 1110. RELIABILITY AND PERFORMANCE AS- the criteria under subsection (a)(1), based on the SURANCE IN REGIONAL TRANS- (A) severe weather events; MISSION ORGANIZATIONS. analysis; and (B) cyber and physical threats; and (C) other factors that affect energy delivery; Part II of the Federal Power Act (16 U.S.C. ‘‘(B) to the extent the market does not meet (6) the coordination of goals, investments to 824 et seq.), as amended by section 1104, is fur- such criteria, any recommendations with respect optimize the grid, and other measures for energy ther amended by adding after section 215A the to the procurement of sufficient capacity, as de- efficiency, advanced grid technologies, inter- following new section: scribed in subsection (a)(1)(B). ‘‘(c) EFFECT ON EXISTING APPROVALS.—Noth- operability, and demand response-side manage- ‘‘SEC. 215B. RELIABILITY AND PERFORMANCE AS- ing in this section shall be considered to— ment resources; SURANCE IN REGIONAL TRANS- (7) partnerships with States and the private MISSION ORGANIZATIONS. ‘‘(1) require a modification of the Commis- sion’s approval of the capacity market design sector— ‘‘(a) EXISTING CAPACITY MARKETS.— (A) to facilitate advanced grid capabilities ‘‘(1) ANALYSIS CONCERNING CAPACITY MARKET approved pursuant to docket numbers ER15–623– 000, EL15–29–000, EL14–52–000, and ER14–2419– and strategies; and DESIGN.—Not later than 180 days after the date (B) to provide technical assistance, tools, or 000; or of enactment of this section, each Regional other related information necessary to enhance ‘‘(2) provide grounds for the Commission to Transmission Organization, and each Inde- grid integration, particularly in connection with grant rehearing or otherwise modify orders pendent System Operator, that operates a ca- the development at the State and local levels of issued in those dockets.’’. pacity market, or a comparable market intended strategic energy, energy surety and assurance, to ensure the procurement and availability of SEC. 1111. ETHANE STORAGE STUDY. and emergency preparedness, response, and res- sufficient future electric energy resources, that (a) IN GENERAL.—The Secretary of Energy toration planning; is subject to the jurisdiction of the Commission, and the Secretary of Commerce, in consultation (8) the deployment of information and commu- shall provide to the Commission an analysis of with other relevant agencies and stakeholders, nications technologies at all levels of the electric how the structure of such market meets the fol- shall conduct a study on the feasibility of estab- system; lowing criteria: lishing an ethane storage and distribution hub (9) opportunities to provide consumers with ‘‘(A) The structure of such market utilizes in the United States. timely information and advanced control op- competitive market forces to the extent prac- (b) CONTENTS.—The study conducted under tions; ticable in procuring capacity resources. subsection (a) shall include— (10) sophisticated or advanced control options ‘‘(B) Consistent with subparagraph (A), the (1) an examination of— to integrate distributed energy resources and as- structure of such market includes resource-neu- (A) potential locations; sociated ancillary services;

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3128 CONGRESSIONAL RECORD — HOUSE May 25, 2016 (11) open-source communications, database ing reliability, relieving congestion, reducing SEC. 1116. VEGETATION MANAGEMENT, FACILITY architectures, and common information model natural gas prices, and meeting growing de- INSPECTION, AND OPERATION AND standards, guidelines, and protocols that enable mand for natural gas; and MAINTENANCE ON FEDERAL LANDS interoperability to maximize efficiency gains ‘‘(D) take into account technological innova- CONTAINING ELECTRIC TRANS- MISSION AND DISTRIBUTION FACILI- and associated benefits among— tions that reduce the need for surface disturb- TIES. (A) the grid; ance. (a) IN GENERAL.—Title V of the Federal Land (B) energy and building management systems; ‘‘(3) PROCEDURES.—The Secretary shall estab- Policy and Management Act of 1976 (43 U.S.C. and lish procedures to expedite and approve applica- 1761 et seq.) is amended by adding at the end (C) residential, commercial, and industrial tions for rights-of-way for natural gas pipelines the following new section: equipment; across National Energy Security Corridors, (12) private sector investment in the energy that— ‘‘SEC. 512. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND delivery infrastructure of the United States ‘‘(A) ensure a transparent process for review MAINTENANCE RELATING TO ELEC- through targeted demonstration and validation of applications for rights-of-way on such cor- TRIC TRANSMISSION AND DISTRIBU- of advanced grid technologies; and ridors; TION FACILITY RIGHTS-OF-WAY. (13) establishment of common valuation meth- ‘‘(B) require an approval time of not more ‘‘(a) GENERAL DIRECTION.—In order to en- ods and tools for cost-benefit analysis of grid in- than 1 year after the date of receipt of an appli- hance the reliability of the electric grid and re- tegration paradigms. cation for a right-of-way; and duce the threat of wildfires to and from electric SEC. 1113. GRID RESILIENCE REPORT. ‘‘(C) require, upon receipt of such an applica- transmission and distribution rights-of-way and Not later than 120 days after the date of en- tion, notice to the applicant of a predictable related facilities and adjacent property, the Sec- actment of this Act, the Secretary of Energy timeline for consideration of the application, retary, with respect to public lands and other shall submit to the Congress a report on methods that clearly delineates important milestones in lands under the jurisdiction of the Secretary, to increase electric grid resilience with respect to the process of such consideration. and the Secretary of Agriculture, with respect to all threats, including cyber attacks, vandalism, ‘‘(4) STATE INPUT.— National Forest System lands, shall provide di- terrorism, and severe weather. ‘‘(A) REQUESTS AUTHORIZED.—The Governor rection to ensure that all existing and future SEC. 1114. GAO REPORT ON IMPROVING NA- of a State may submit requests to the Secretary rights-of-way, however established (including TIONAL RESPONSE CENTER. of the Interior to designate Corridors on Federal by grant, special use authorization, and ease- The Comptroller General of the United States land in that State. ment), for electric transmission and distribution shall conduct a study of ways in which the ca- ‘‘(B) CONSIDERATION OF REQUESTS.—After re- facilities on such lands include provisions for pabilities of the National Response Center could ceiving such a request, the Secretary shall re- utility vegetation management, facility inspec- be improved. spond in writing, within 30 days— tion, and operation and maintenance activities SEC. 1115. DESIGNATION OF NATIONAL ENERGY ‘‘(i) acknowledging receipt of the request; and that, while consistent with applicable law— SECURITY CORRIDORS ON FEDERAL ‘‘(ii) setting forth a timeline in which the Sec- ‘‘(1) are developed in consultation with the LANDS. retary shall grant, deny, or modify such request holder of the right-of-way; (a) IN GENERAL.—Section 28 of the Mineral and state the reasons for doing so. ‘‘(2) enable the owner or operator of an elec- Leasing Act (30 U.S.C. 185) is amended as fol- ‘‘(5) SPATIAL DISTRIBUTION OF CORRIDORS.—In tric transmission and distribution facility to op- lows: implementing this subsection, the Secretary erate and maintain the facility in good working (1) In subsection (b)— shall coordinate with other Federal Depart- order and to comply with Federal, State, and (A) by striking ‘‘(b)(1) For the purposes of this ments to— local electric system reliability and fire safety section ‘Federal lands’ means’’ and inserting the ‘‘(A) minimize the proliferation of duplicative requirements, including reliability standards es- following: natural gas pipeline rights-of-way on Federal tablished by the North American Electric Reli- ‘‘(b)(1) For the purposes of this section ‘Fed- lands where feasible; ability Corporation and plans to meet such reli- eral lands’— ‘‘(B) ensure Corridors can connect effectively ability standards; ‘‘(A) except as provided in subparagraph (B), across Federal lands; and ‘‘(3) minimize the need for case-by-case or an- means’’; ‘‘(C) utilize input from utility and pipeline in- nual approvals for— (B) by striking the period at the end of para- dustries submitting applications for rights-of- ‘‘(A) routine vegetation management, facility graph (1) and inserting ‘‘; and’’ and by adding way to site corridors in economically feasible inspection, and operation and maintenance ac- at the end of paragraph (1) the following: areas that reduce impacts, to the extent prac- tivities within existing electric transmission and ‘‘(B) for purposes of granting an application ticable, on local communities. distribution rights-of-way; and for a natural gas pipeline right-of-way, means ‘‘(6) NOT A MAJOR FEDERAL ACTION.—Designa- ‘‘(B) utility vegetation management activities all lands owned by the United States except— tion of a Corridor under this subsection, and in- that are necessary to control hazard trees with- ‘‘(i) such lands held in trust for an Indian or corporation of Corridors into agency plans in or adjacent to electric transmission and dis- Indian tribe; and under paragraph (1)(B), shall not be treated as tribution rights-of-way; and ‘‘(ii) lands on the Outer Continental Shelf.’’. a major Federal action for purpose of section 102 ‘‘(4) when review is required, provide for expe- (2) By redesignating subsection (b), as so of the National Environmental Policy Act of dited review and approval of utility vegetation amended, as subsection (z), and transferring 1969 (42 U.S.C. 4332). management, facility inspection, and operation such subsection to appear after subsection (y) of ‘‘(7) NO LIMIT ON NUMBER OR LENGTH OF COR- and maintenance activities, especially activities that section. RIDORS.—Nothing in this subsection limits the requiring prompt action to avoid an adverse im- (3) By inserting after subsection (a) the fol- number or physical dimensions of Corridors that pact on human safety or electric reliability to lowing: the Secretary may designate under this sub- avoid fire hazards. ‘‘(b) NATIONAL ENERGY SECURITY COR- section. ‘‘(b) VEGETATION MANAGEMENT, FACILITY IN- RIDORS.— ‘‘(8) OTHER AUTHORITY NOT AFFECTED.—Noth- SPECTION, AND OPERATION AND MAINTENANCE ‘‘(1) DESIGNATION.—In addition to other au- ing in this subsection affects the authority of PLANS.— thorities under this section, the Secretary the Secretary to issue rights-of-way on Federal ‘‘(1) DEVELOPMENT AND SUBMISSION.—Con- shall— land that is not located in a Corridor designated sistent with subsection (a), the Secretary and ‘‘(A) identify and designate suitable Federal under this subsection. the Secretary of Agriculture shall provide own- lands as National Energy Security Corridors (in ‘‘(9) NEPA CLARIFICATION.—All applications ers and operators of electric transmission and this subsection referred to as a ‘Corridor’), for rights-of-way for natural gas transmission distribution facilities located on lands described which shall be used for construction, operation, facilities across Corridors designated under this in such subsection with the option to develop and maintenance of natural gas transmission subsection shall be subject to the environmental and submit a vegetation management, facility facilities; and protections outlined in subsection (h).’’. inspection, and operation and maintenance ‘‘(B) incorporate such Corridors upon des- (b) APPLICATIONS RECEIVED BEFORE DESIGNA- plan, that at each owner or operator’s discretion ignation into the relevant agency land use and TION OF CORRIDORS.—Any application for a may cover some or all of the owner or operator’s resource management plans or equivalent plans. right-of-way under section 28 of the Mineral electric transmission and distribution rights-of- ‘‘(2) CONSIDERATIONS.—In evaluating Federal Leasing Act (30 U.S.C. 185) that is received by way on Federal lands, for approval to the Sec- lands for designation as a National Energy Se- the Secretary of the Interior before designation retary with jurisdiction over the lands. A plan curity Corridor, the Secretary shall— of National Energy Security Corridors under the under this paragraph shall enable the owner or ‘‘(A) employ the principle of multiple use to amendment made by subsection (a) of this sec- operator of an electric transmission and dis- ensure route decisions balance national energy tion shall be reviewed and acted upon independ- tribution facility, at a minimum, to comply with security needs with existing land use principles; ently by the Secretary without regard to the applicable Federal, State, and local electric sys- ‘‘(B) seek input from other Federal counter- process for such designation. tem reliability and fire safety requirements, as parts, State, local, and tribal governments, and (c) DEADLINE.—Within 2 years after the date provided in subsection (a)(2). The Secretaries affected utility and pipeline industries to deter- of the enactment of this Act, the Secretary of shall not have the authority to modify those re- mine the best suitable, most cost-effective, and the Interior shall designate at least 10 National quirements. commercially viable acreage for natural gas Energy Security Corridors under the amendment ‘‘(2) REVIEW AND APPROVAL PROCESS.—The transmission facilities; made by subsection (a) in States referred to in Secretary and the Secretary of Agriculture shall ‘‘(C) focus on transmission routes that im- section 368(b) of the Energy Policy Act of 2005 jointly develop a consolidated and coordinated prove domestic energy security through increas- (42 U.S.C. 15926(b)). process for review and approval of—

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‘‘(A) vegetation management, facility inspec- ‘‘(f) LIABILITY.—An owner or operator of an ‘‘(A) is prepared by the owner or operator of tion, and operation and maintenance plans sub- electric transmission or distribution facility one or more electric transmission or distribution mitted under paragraph (1) that— shall not be held liable for wildfire damage, loss, facilities to cover one or more electric trans- ‘‘(i) assures prompt review and approval not or injury, including the cost of fire suppression, mission and distribution rights-of-way; and to exceed 90 days; if— ‘‘(B) provides for the long-term, cost-effective, ‘‘(ii) includes timelines and benchmarks for ‘‘(1) the Secretary or the Secretary of Agri- efficient, and timely management of facilities agency comments on submitted plans and final culture fails to allow the owner or operator to and vegetation within the width of the right-of- approval of such plans; operate consistently with an approved vegeta- way and adjacent Federal lands to enhance ‘‘(iii) is consistent with applicable law; and tion management, facility inspection, and oper- electric reliability, promote public safety, and ‘‘(iv) minimizes the costs of the process to the ation and maintenance plan on Federal lands avoid fire hazards.’’. reviewing agency and the entity submitting the under the relevant Secretary’s jurisdiction with- (b) CLERICAL AMENDMENT.—The table of sec- plans; and in or adjacent to a right-of-way to comply with tions for the Federal Land Policy and Manage- ‘‘(B) amendments to the plans in a prompt Federal, State, or local electric system reliability ment Act of 1976 (43 U.S.C. 1761 et seq.), is manner if changed conditions necessitate a and fire safety standards, including standards amended by inserting after the item relating to modification to a plan. established by the North American Electric Reli- section 511 the following new item: ‘‘(3) NOTIFICATION.—The review and approval ability Corporation; or ‘‘Sec. 512. Vegetation management, facility in- process under paragraph (2) shall— ‘‘(2) the Secretary or the Secretary of Agri- spection, and operation and main- ‘‘(A) include notification by the agency of any culture fails to allow the owner or operator of tenance relating to electric trans- changed conditions that warrant a modification the electric transmission or distribution facility mission and distribution facility to a plan; to perform appropriate vegetation management rights-of-way.’’. ‘‘(B) provide an opportunity for the owner or activities in response to an identified hazard operator to submit a proposed plan amendment Subtitle B—Hydropower Regulatory tree, or a tree in imminent danger of contacting Modernization to address directly the changed condition; and the owner’s or operator’s electric transmission or ‘‘(C) allow the owner or operator to continue distribution facility. SEC. 1201. PROTECTION OF PRIVATE PROPERTY RIGHTS IN HYDROPOWER LICENS- to implement those elements of the approved ‘‘(g) TRAINING AND GUIDANCE.—In consulta- plan that do not directly and adversely affect ING. tion with the electric utility industry, the Sec- (a) LICENCES.—Section 4(e) of the Federal the condition precipitating the need for modi- retary and the Secretary of Agriculture are en- fication. Power Act (16 U.S.C. 797(e)) is amended— couraged to develop a program to train per- (1) by striking ‘‘and’’ after ‘‘recreational op- ‘‘(4) CATEGORICAL EXCLUSION PROCESS.—The sonnel of the Department of the Interior and the Secretary and the Secretary of Agriculture shall portunities,’’; and Forest Service involved in vegetation manage- (2) by inserting ‘‘, and minimizing infringe- apply his or her categorical exclusion process ment decisions relating to electric transmission ment on the useful exercise and enjoyment of under the National Environmental Policy Act of and distribution facilities to ensure that such property rights held by nonlicensees’’ after ‘‘as- 1969 (42 U.S.C. 4321 et seq.) to plans developed personnel— pects of environmental quality’’. under this subsection on existing electric trans- ‘‘(1) understand electric system reliability and (b) PRIVATE LANDOWNERSHIP.—Section 10 of mission and distribution rights-of-way under fire safety requirements, including reliability the Federal Power Act (16 U.S.C. 803) is amend- this subsection. standards established by the North American ed— ‘‘(5) IMPLEMENTATION.—A plan approved Electric Reliability Corporation; (1) in subsection (a)(1), by inserting ‘‘, includ- under this subsection shall become part of the ‘‘(2) assist owners and operators of electric ing minimizing infringement on the useful exer- authorization governing the covered right-of- transmission and distribution facilities to com- cise and enjoyment of property rights held by way and hazard trees adjacent to the right-of- ply with applicable electric reliability and fire nonlicensees’’ after ‘‘section 4(e)’’; and way. If a vegetation management plan is pro- safety requirements; and (2) by adding at the end the following: posed for an existing electric transmission and ‘‘(3) encourage and assist willing owners and ‘‘(k) PRIVATE LANDOWNERSHIP.—In developing distribution facility concurrent with the siting operators of electric transmission and distribu- any recreational resource within the project of a new electric transmission or distribution fa- tion facilities to incorporate on a voluntary boundary, the licensee shall consider private cility, necessary reviews shall be completed as basis vegetation management practices to en- landownership as a means to encourage and fa- part of the siting process or sooner. Once the hance habitats and forage for pollinators and cilitate— plan is approved, the owner or operator shall for other wildlife so long as the practices are ‘‘(1) private investment; and provide the agency with only a notification of compatible with the integrated vegetation man- ‘‘(2) increased tourism and recreational use.’’. activities anticipated to be undertaken in the agement practices necessary for reliability and SEC. 1202. EXTENSION OF TIME FOR FERC coming year, a description of those activities, safety. PROJECT INVOLVING W. KERR and certification that the activities are in ac- ‘‘(h) IMPLEMENTATION.—The Secretary and SCOTT DAM. cordance with the plan. the Secretary of Agriculture shall— (a) IN GENERAL.—Notwithstanding the time ‘‘(c) RESPONSE TO EMERGENCY CONDITIONS.— ‘‘(1) not later than one year after the date of period specified in section 13 of the Federal If vegetation on Federal lands within, or hazard the enactment of this section, propose regula- Power Act (16 U.S.C. 806) that would otherwise trees on Federal lands adjacent to, an electric tions, or amended existing regulations, to imple- apply to the Federal Energy Regulatory Com- transmission or distribution right-of-way grant- ment this section; and mission project numbered 12642, the Commission ed by the Secretary or the Secretary of Agri- ‘‘(2) not later than two years after the date of may, at the request of the licensee for the culture has contacted or is in imminent danger the enactment of this section, finalize regula- project, and after reasonable notice, in accord- of contacting one or more electric transmission tions, or amended existing regulations, to imple- ance with the good faith, due diligence, and or distribution lines, the owner or operator of ment this section. public interest requirements of that section and the electric transmission or distribution lines— ‘‘(i) EXISTING VEGETATION MANAGEMENT, FA- the Commission’s procedures under that section, ‘‘(1) may prune or remove the vegetation to CILITY INSPECTION, AND OPERATION AND MAIN- extend the time period during which the licensee avoid the disruption of electric service and risk TENANCE PLANS.—Nothing in this section re- is required to commence the construction of the of fire; and quires an owner or operator to develop and sub- project for up to 3 consecutive 2-year periods ‘‘(2) shall notify the appropriate local agent of mit a vegetation management, facility inspec- from the date of the expiration of the extension the relevant Secretary not later than 24 hours tion, and operation and maintenance plan if originally issued by the Commission. after such removal. one has already been approved by the Secretary (b) REINSTATEMENT OF EXPIRED LICENSE.—If ‘‘(d) COMPLIANCE WITH APPLICABLE RELI- or Secretary of Agriculture before the date of the period required for commencement of con- ABILITY AND SAFETY STANDARDS.—If vegetation the enactment of this section. struction of the project described in subsection on Federal lands within or adjacent to an elec- ‘‘(j) DEFINITIONS.—In this section: (a) has expired prior to the date of the enact- tric transmission or distribution right-of-way ‘‘(1) HAZARD TREE.—The term ‘hazard tree’ ment of this Act, the Commission may reinstate under the jurisdiction of each Secretary does means any tree inside the right-of-way or lo- the license effective as of the date of its expira- not meet clearance requirements under stand- cated outside the right-of-way that has been tion and the first extension authorized under ards established by the North American Electric found by the either the owner or operator of an subsection (a) shall take effect on the date of Reliability Corporation, or by State and local electric transmission or distribution facility, or such expiration. authorities, and the Secretary having jurisdic- the Secretary or the Secretary of Agriculture, to SEC. 1203. HYDROPOWER LICENSING AND PROC- tion over the lands has failed to act to allow an be likely to fail and cause a high risk of injury, ESS IMPROVEMENTS. electric transmission or distribution facility damage, or disruption within 10 feet of an elec- Part I of the Federal Power Act (16 U.S.C. 792 owner or operator to conduct vegetation man- tric power line or related structure if it fell. et seq.) is amended by adding at the end the fol- agement activities within 3 business days after ‘‘(2) OWNER OR OPERATOR.—The terms ‘owner’ lowing: receiving a request to allow such activities, the and ‘operator’ include contractors or other ‘‘SEC. 34. HYDROPOWER LICENSING AND PROC- owner or operator may, after notifying the Sec- agents engaged by the owner or operator of an ESS IMPROVEMENTS. retary, conduct such vegetation management ac- electric transmission and distribution facility. ‘‘(a) DEFINITION.—In this section, the term tivities to meet those clearance requirements. ‘‘(3) VEGETATION MANAGEMENT, FACILITY IN- ‘Federal authorization’— ‘‘(e) REPORTING REQUIREMENT.—The Sec- SPECTION, AND OPERATION AND MAINTENANCE ‘‘(1) means any authorization required under retary or Secretary of Agriculture shall report PLAN.—The term ‘vegetation management, facil- Federal law with respect to an application for a requests and actions made under subsections (c) ity inspection, and operation and maintenance license, license amendment, or exemption under and (d) annually on each Secretary’s website. plan’ means a plan that— this part; and

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3130 CONGRESSIONAL RECORD — HOUSE May 25, 2016 ‘‘(2) includes any permits, special use author- ‘‘(ii) the applicant; SEC. 1204. JUDICIAL REVIEW OF DELAYED FED- izations, certifications, opinions, or other ap- ‘‘(iii) the Commission; and ERAL AUTHORIZATIONS. provals as may be required under Federal law to ‘‘(iv) other participants in a proceeding; Section 313(b) of the Federal Power Act (16 approve or implement the license, license amend- ‘‘(B) is developed in consultation with the ap- U.S.C. 825l(b)) is amended— ment, or exemption under this part. plicant and any agency and Indian tribe that (1) by striking ‘‘(b) Any party’’ and inserting ‘‘(b) DESIGNATION AS LEAD AGENCY.— submits a response under subsection the following: ‘‘(1) IN GENERAL.—The Commission shall act (b)(2)(C)(ii); ‘‘(b) JUDICIAL REVIEW.— as the lead agency for the purposes of coordi- ‘‘(C) provides an opportunity for any Federal ‘‘(1) IN GENERAL.—Any party’’; and nating all applicable Federal authorizations or State agency, local government, or Indian (2) by adding at the end the following: and for the purposes of complying with the Na- tribe that may consider an aspect of an applica- ‘‘(2) DELAY OF A FEDERAL AUTHORIZATION.— tional Environmental Policy Act of 1969 (42 tion for the applicable Federal authorization to Any Federal, State, or local government agency U.S.C. 4321 et seq.). identify and resolve issues of concern, as pro- or Indian tribe that will not complete its disposi- ‘‘(2) OTHER AGENCIES AND INDIAN TRIBES.— vided in subsection (b)(2)(D); tion of a Federal authorization by the deadline ‘‘(A) IN GENERAL.—Each Federal, State, and ‘‘(D) complies with applicable schedules estab- set forth in the schedule by the Commission local government agency and Indian tribe con- lished under Federal and State law; under section 34 may file for an extension in the sidering an aspect of an application for Federal ‘‘(E) ensures expeditious completion of all pro- United States court of appeals for any circuit authorization shall coordinate with the Commis- ceedings required under Federal and State law, wherein the project or proposed project is lo- sion and comply with the deadline established to the extent practicable; and cated, or in the United States Court of Appeals in the schedule developed for the project in ac- ‘‘(F) facilitates completion of Federal and for the District of Columbia. Such petition shall cordance with the rule issued by the Commission State agency studies, reviews, and any other be filed not later than 30 days prior to such under subsection (c). procedures required prior to, or concurrent with, deadline. The court shall only grant an exten- ‘‘(B) IDENTIFICATION.—The Commission shall the preparation of the Commission’s environ- sion if the agency or tribe demonstrates, based identify, as early as practicable after it is noti- mental document required under the National on the record maintained under section 34, that fied by the applicant of a project or facility re- Environmental Policy Act of 1969 (42 U.S.C. 4321 it otherwise complied with the requirements of quiring Commission action under this part, any et seq.). section 34 and that complying with the schedule Federal or State agency, local government, or ‘‘(d) TRANSMISSION OF FINAL SCHEDULE.— set by the Commission would have prevented the Indian tribe that may consider an aspect of an ‘‘(1) IN GENERAL.—For each application for a agency or tribe from complying with applicable application for a Federal authorization. license, license amendment, or exemption under Federal or State law. If the court grants the ex- ‘‘(C) NOTIFICATION.— this part, the Commission shall establish a tension, the court shall set a reasonable sched- ‘‘(i) IN GENERAL.—The Commission shall no- schedule in accordance with the rule issued by ule and deadline, not to exceed 90 days, for the tify any agency and Indian tribe identified the Commission under subsection (c). The Com- agency to act on remand. If the court denies the under subparagraph (B) of the opportunity to mission shall publicly notice and transmit the extension, or if an agency or tribe does not file participate in the process of reviewing an aspect final schedule to the applicant and each agency for an extension as provided in this subsection of an application for a Federal authorization. and Indian tribe identified under subsection and does not complete its disposition of a Fed- ‘‘(ii) DEADLINE.—Each agency and Indian (b)(2)(B). eral authorization by the applicable deadline, tribe receiving a notice under clause (i) shall ‘‘(2) RESPONSE.—Each agency and Indian the Commission and applicant may move for- submit a response acknowledging receipt of the tribe receiving a schedule under this subsection ward with the proposed action.’’. notice to the Commission within 30 days of re- shall acknowledge receipt of such schedule in SEC. 1205. LICENSING STUDY IMPROVEMENTS. ceipt of such notice and request. writing to the Commission within 30 days. Part I of the Federal Power Act (16 U.S.C. 792 ‘‘(D) ISSUE IDENTIFICATION AND RESOLUTION.— ‘‘(e) ADHERENCE TO SCHEDULE.—All appli- ‘‘(i) IDENTIFICATION OF ISSUES.—Federal, et seq.), as amended by section 1203, is further State, and local government agencies and In- cants, other licensing participants, and agencies amended by adding at the end the following: dian tribes that may consider an aspect of an and tribes considering an aspect of an applica- ‘‘SEC. 35. LICENSING STUDY IMPROVEMENTS. application for Federal authorization shall tion for a Federal authorization shall meet the ‘‘(a) IN GENERAL.—To facilitate the timely identify, as early as possible, and share with the deadlines set forth in the schedule established and efficient completion of the license pro- Commission and the applicant, any issues of pursuant to subsection (d)(1). ceedings under this part, the Commission shall, ‘‘(f) APPLICATION PROCESSING.—The Commis- concern identified during the pendency of the in consultation with applicable Federal and sion, Federal, State, and local government agen- Commission’s action under this part relating to State agencies and interested members of the cies, and Indian tribes may allow an applicant any Federal authorization that may delay or public— seeking a Federal authorization to fund a third- prevent the granting of such authorization, in- ‘‘(1) compile current and accepted best prac- party contractor selected by such agency or cluding any issues that may prevent the agency tices in performing studies required in such li- tribe to assist in reviewing the application. All or Indian tribe from meeting the schedule estab- cense proceedings, including methodologies and costs of an agency or tribe incurred pursuant to lished for the project in accordance with the the design of studies to assess the full range of direct funding by the applicant, including all rule issued by the Commission under subsection environmental impacts of a project that reflect costs associated with the third party contractor, (c). the most recent peer-reviewed science; ‘‘(ii) ISSUE RESOLUTION.—The Commission shall not be considered costs of the United ‘‘(2) compile a comprehensive collection of may forward any issue of concern identified States for the administration of this part under studies and data accessible to the public that under clause (i) to the heads of the relevant section 10(e). could be used to inform license proceedings State and Federal agencies (including, in the ‘‘(g) COMMISSION RECOMMENDATION ON SCOPE under this part; and case of scheduling concerns identified by a State OF ENVIRONMENTAL REVIEW.—For the purposes ‘‘(3) encourage license applicants, agencies, or local government agency or Indian tribe, the of coordinating Federal authorizations for each and Indian tribes to develop and use, for the Federal agency overseeing the delegated author- project, the Commission shall consult with and purpose of fostering timely and efficient consid- ity, or the Secretary of the Interior with regard make a recommendation to agencies and Indian eration of license applications, a limited number to scheduling concerns identified by an Indian tribes receiving a schedule under subsection (d) of open-source methodologies and tools applica- tribe) for resolution. The Commission and any on the scope of the environmental review for all ble across a wide array of projects, including relevant agency shall enter into a memorandum Federal authorizations for such project. Each water balance models and streamflow analyses. of understanding to facilitate interagency co- Federal and State agency and Indian tribe shall ‘‘(b) USE OF STUDIES.—To the extent prac- ordination and resolution of such issues of con- give due consideration and may give deference ticable, the Commission and other Federal, cern, as appropriate. to the Commission’s recommendations, to the ex- State, and local government agencies and In- ‘‘(c) SCHEDULE.— tent appropriate under Federal law. dian tribes considering an aspect of an applica- ‘‘(1) COMMISSION RULEMAKING TO ESTABLISH ‘‘(h) FAILURE TO MEET SCHEDULE.—A Fed- tion for Federal authorization shall use current, PROCESS TO SET SCHEDULE.—Within 180 days of eral, State, or local government agency or In- accepted science toward studies and data in the date of enactment of this section the Com- dian tribe that anticipates that it will be unable support of their actions. Any participant in a mission shall, in consultation with the appro- to complete its disposition of a Federal author- proceeding with respect to a Federal authoriza- priate Federal agencies, issue a rule, after pro- ization by the deadline set forth in the schedule tion shall demonstrate a study requested by the viding for notice and public comment, estab- established under subsection (d)(1) may file for party is not duplicative of current, existing lishing a process for setting a schedule following an extension as provided under section 313(b)(2). studies that are applicable to the project. the filing of an application under this part for ‘‘(i) CONSOLIDATED RECORD.—The Commission ‘‘(c) BASIN-WIDE OR REGIONAL REVIEW.—The the review and disposition of each Federal au- shall, with the cooperation of Federal, State, Commission shall establish a program to develop thorization. and local government agencies and Indian comprehensive plans, at the request of project ‘‘(2) ELEMENTS OF SCHEDULING RULE.—In tribes, maintain a complete consolidated record applicants, on a regional or basin-wide scale, in issuing a rule under this subsection, the Com- of all decisions made or actions taken by the consultation with the applicants, appropriate mission shall ensure that the schedule for each Commission or by a Federal administrative Federal agencies, and affected States, local gov- Federal authorization— agency or officer (or State or local government ernments, and Indian tribes, in basins or regions ‘‘(A) includes deadlines for actions by— agency or officer or Indian tribe acting under with respect to which there are more than one ‘‘(i) any Federal or State agency, local gov- delegated Federal authority) with respect to any project or application for a project. Upon such ernment, or Indian tribe that may consider an Federal authorization. Such record shall con- a request, the Commission, in consultation with aspect of an application for the Federal author- stitute the record for judicial review under sec- the applicants, such Federal agencies, and af- ization; tion 313(b).’’. fected States, local governments, and Indian

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3131 tribes, may conduct or commission regional or tice shall solicit public comment on the initial mitigate adverse effects on, fish and wildlife re- basin-wide environmental studies, with the par- determination within 45 days. sources, water supply, and water quality that ticipation of at least 2 applicants. Any study ‘‘(4) PUBLIC COMMENT ON QUALIFYING CRI- are directly caused by the construction and op- conducted under this subsection shall apply TERIA.—The Commission shall accept public eration of the qualifying project upgrade, as only to a project with respect to which the ap- comment regarding whether a proposed license compared to the environmental baseline existing plicant participates.’’. amendment is for a qualifying project upgrade at the time the Commission approves the appli- SEC. 1206. CLOSED-LOOP PUMPED STORAGE for a period of 45 days beginning on the date of cation for the license amendment. PROJECTS. publication of a public notice described in para- ‘‘(10) PROPOSED LICENSE AMENDMENTS THAT Part I of the Federal Power Act (16 U.S.C. 792 graph (3), and shall— ARE NOT QUALIFYING PROJECT UPGRADES.—If the et seq.), as amended by section 1205, is further ‘‘(A) if no entity contests whether the pro- Commission determines under paragraph (3) or amended by adding at the end the following: posed license amendment is for a qualifying (5) that a proposed license amendment is not for project upgrade during such comment period, a qualifying project upgrade, the procedures ‘‘SEC. 36. CLOSED-LOOP PUMPED STORAGE immediately publish a notice stating that the PROJECTS. under paragraphs (6) through (9) shall not initial determination has not been contested; or apply to the application. ‘‘(a) DEFINITION.—For purposes of this sec- ‘‘(B) if an entity contests whether the pro- tion, a closed-loop pumped storage project is a posed license amendment is for a qualifying ‘‘(11) RULEMAKING.—Not later than 180 days project— project upgrade during the comment period, after the date of enactment of this section, the ‘‘(1) in which the upper and lower reservoirs issue a written determination in accordance Commission shall, after notice and opportunity do not impound or directly withdraw water from with paragraph (5). for public comment, issue a rule to implement navigable waters; or ‘‘(5) WRITTEN DETERMINATION.—If an entity this subsection. ‘‘(2) that is not continuously connected to a contests whether the proposed license amend- ‘‘(12) DEFINITIONS.—For purposes of this sub- naturally flowing water feature. ment is for a qualifying project upgrade during section: ‘‘(b) IN GENERAL.—As provided in this section, the comment period under paragraph (4), the ‘‘(A) QUALIFYING PROJECT UPGRADE.—The the Commission may issue and amend licenses Commission shall, not later than 30 days after term ‘qualifying project upgrade’ means a and preliminary permits, as appropriate, for the date of publication of the public notice of change to a project licensed under this part that closed-loop pumped storage projects. the initial determination under paragraph (3), meets the qualifying criteria, as determined by ‘‘(c) DAM SAFETY.—Before issuing any license issue a written determination as to whether the the Commission. for a closed-loop pumped storage project, the proposed license amendment is for a qualifying ‘‘(B) QUALIFYING CRITERIA.—The term ‘quali- Commission shall assess the safety of existing project upgrade. fying criteria’ means, with respect to a project dams and other structures related to the project ‘‘(6) PUBLIC COMMENT ON AMENDMENT APPLI- license under this part, a change to the project (including possible consequences associated with CATION.—If no entity contests whether the pro- that— failure of such structures). posed license amendment is for a qualifying ‘‘(i) if carried out, would be unlikely to ad- ‘‘(d) LICENSE CONDITIONS.—With respect to a project upgrade during the comment period versely affect any species listed as threatened or closed-loop pumped storage project, the author- under paragraph (4) or the Commission issues a endangered under the Endangered Species Act ity of the Commission to impose conditions on a written determination under paragraph (5) that of 1973 or result in the destruction or adverse license under sections 4(e), 10(a), 10(g), and 10(j) a proposed license amendment is a qualifying modification of critical habitat, as determined in shall not apply, and any condition included in project upgrade, the Commission shall— consultation with the Secretary of the Interior or applicable to a closed-loop pumped storage ‘‘(A) during the 60-day period beginning on or Secretary of Commerce, as appropriate, in ac- project licensed under this section, including the date of publication of a notice under para- cordance with section 7 of the Endangered Spe- any condition or other requirement of a Federal graph (4)(A) or the date on which the Commis- cies Act of 1973; authorization, shall be limited to those that sion issues the written determination under ‘‘(ii) is consistent with any applicable com- are— paragraph (5), as applicable, solicit comments prehensive plan under section 10(a)(2); ‘‘(1) necessary to protect public safety; or from each Federal, State, and local government ‘‘(iii) includes only changes to project lands, ‘‘(2) reasonable, economically feasible, and es- agency and Indian tribe considering an aspect waters, or operations that, in the judgment of sential to prevent loss of or damage to, or to of an application for Federal authorization (as the Commission, would result in only insignifi- mitigate adverse effects on, fish and wildlife re- defined in section 34) with respect to the pro- cant or minimal cumulative adverse environ- sources directly caused by the construction and posed license amendment, as well as other inter- mental effects; operation of the project, as compared to the en- ested agencies, Indian tribes, and members of ‘‘(iv) would be unlikely to adversely affect vironmental baseline existing at the time the the public; and Commission completes its environmental review. ‘‘(B) during the 90-day period beginning on water quality and water supply; and ‘‘(e) TRANSFERS.—Notwithstanding section 5, the date of publication of a notice under para- ‘‘(v) proposes to implement— and regardless of whether the holder of a pre- graph (4)(A) or the date on which the Commis- ‘‘(I) capacity increases, efficiency improve- liminary permit for a closed-loop pumped stor- sion issues the written determination under ments, or other enhancements to hydropower age project claimed municipal preference under paragraph (5), as applicable, consult with— generation at the licensed project; section 7(a) when obtaining the permit, the ‘‘(i) appropriate Federal agencies and the ‘‘(II) environmental protection, mitigation, or Commission may, to facilitate development of a State agency exercising administrative control enhancement measures to benefit fish and wild- closed-loop pumped storage project— over the fish and wildlife resources, and water life resources or other natural and cultural re- ‘‘(1) add entities as joint permittees following quality and supply, of the State in which the sources; or issuance of a preliminary permit; and qualifying project upgrade is located; ‘‘(III) improvements to public recreation at the ‘‘(2) transfer a license in part to one or more ‘‘(ii) any Federal department supervising any licensed project. nonmunicipal entities as co-licensees with a mu- public lands or reservations occupied by the ‘‘(b) AMENDMENT APPROVAL PROCESSES.— nicipality.’’. qualifying project upgrade; and ‘‘(1) RULE.—Not later than 1 year after the SEC. 1207. LICENSE AMENDMENT IMPROVE- ‘‘(iii) any Indian tribe affected by the quali- date of enactment of this section, the Commis- MENTS. fying project upgrade. sion shall, after notice and opportunity for pub- ‘‘(7) FEDERAL AUTHORIZATIONS.—The schedule Part I of the Federal Power Act (16 U.S.C. 792 lic comment, issue a rule establishing new established by the Commission under section 34 et seq.), as amended by section 1206, is further standards and procedures for license amend- for any project upgrade under this subsection amended by adding at the end the following: ment applications under this part. In issuing shall require final disposition on all necessary such rule, the Commission shall seek to develop ‘‘SEC. 37. LICENSE AMENDMENT IMPROVEMENTS. Federal authorizations (as defined in section the most efficient and expedient process, con- ‘‘(a) QUALIFYING PROJECT UPGRADES.— 34), other than final action by the Commission, sultation, and review requirements, commensu- ‘‘(1) IN GENERAL.—As provided in this section, by not later than 120 days after the date on rate with the scope of different categories of the Commission may approve an application for which the Commission issues a notice under proposed license amendments. Such rule shall an amendment to a license issued under this paragraph (4)(A) or a written determination account for differences in environmental effects part for a qualifying project upgrade. under paragraph (5), as applicable. across a wide range of categories of license ‘‘(2) APPLICATION.—A licensee filing an appli- ‘‘(8) COMMISSION ACTION.—Not later than 150 cation for an amendment to a project license days after the date on which the Commission amendment applications. under this section shall include in such applica- issues a notice under paragraph (4)(A) or a ‘‘(2) CAPACITY.—In issuing a rule under this tion information sufficient to demonstrate that written determination under paragraph (5), as subsection, the Commission shall take into con- the proposed change to the project described in applicable, the Commission shall take final ac- sideration that a change in generating or hy- the application is a qualifying project upgrade. tion on the license amendment application. draulic capacity may indicate the potential en- ‘‘(3) INITIAL DETERMINATION.—Not later than ‘‘(9) LICENSE AMENDMENT CONDITIONS.—Any vironmental effects of a proposed amendment 15 days after receipt of an application under condition included in or applicable to a license but is not determinative of such effects. paragraph (2), the Commission shall make an amendment approved under this subsection, in- ‘‘(3) PROCESS OPTIONS.—In issuing a rule initial determination as to whether the proposed cluding any condition or other requirement of a under this subsection, the Commission shall take change to the project described in the applica- Federal authorization, shall be limited to those into consideration the range of process options tion for a license amendment is a qualifying that are— available under the Commission’s regulations project upgrade. The Commission shall publish ‘‘(A) necessary to protect public safety; or for new and original license applications and its initial determination and issue notice of the ‘‘(B) reasonable, economically feasible, and adapt such options to amendment applications, application filed under paragraph (2). Such no- essential to prevent loss of or damage to, or to where appropriate.’’.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3132 CONGRESSIONAL RECORD — HOUSE May 25, 2016 SEC. 1208. PROMOTING HYDROPOWER DEVELOP- miscellaneous receipts. Subject to annual appro- (4) The United States has an opportunity to MENT AT EXISTING NONPOWERED priation Acts, such proceeds shall be available improve its energy security and promote greater DAMS. to Federal and State fish and wildlife agencies stability and affordability of energy supplies for Part I of the Federal Power Act (16 U.S.C. 792 for purposes of carrying out specific environ- its allies and trading partners through a more et seq.), as amended by section 1207, is further mental enhancement projects in watersheds in integrated, secure, and competitive North Amer- amended by adding at the end the following: which one or more facilities exempted under this ican energy system. ‘‘SEC. 38. PROMOTING HYDROPOWER DEVELOP- subsection are located. Not later than 180 days (5) The United States also has an opportunity MENT AT EXISTING NONPOWERED after the date of enactment of this section, the to promote such objectives by supporting the DAMS. Commission shall establish rules, after notice free flow of energy commodities and more open, ‘‘(a) EXEMPTIONS FOR QUALIFYING FACILI- and opportunity for public comment, for the col- transparent, and competitive global energy mar- TIES.— lection and administration of annual charges kets, and through greater Federal agency co- ‘‘(1) EXEMPTION QUALIFICATIONS.—Subject to under this paragraph. ordination relating to regulations or agency ac- the requirements of this subsection, the Commis- ‘‘(7) EFFECT OF JURISDICTION.—The jurisdictions that significantly affect the supply, dis- sion may grant an exemption in whole or in part tion of the Commission over any qualifying fa- tribution, or use of energy. from the requirements of this part, including cility exempted under this subsection shall ex- SEC. 2002. ENERGY SECURITY VALUATION. any license requirements contained in this part, tend only to the qualifying facility exempted (a) ESTABLISHMENT OF ENERGY SECURITY to any facility the Commission determines is a and any associated primary transmission line, VALUATION METHODS.—Not later than 1 year qualifying facility. and shall not extend to any conduit, dam, im- after the date of enactment of this Act, the Sec- ‘‘(2) CONSULTATION WITH FEDERAL AND STATE poundment, shoreline or other land, or any retary of Energy, in collaboration with the Sec- AGENCIES.—In granting any exemption under other project work associated with the quali- retary of State, shall develop and transmit, after this subsection, the Commission shall consult fying facility exempted under this subsection. public notice and comment, to the Committee on with— ‘‘(b) DEFINITIONS.—For purposes of this sec- Energy and Commerce, the Committee on ‘‘(A) the United States Fish and Wildlife Serv- tion— Science, Space, and Technology, and the Com- ice, the National Marine Fisheries Service, and ‘‘(1) FEDERAL AUTHORIZATION.—The term mittee on Foreign Affairs of the House of Rep- the State agency exercising administrative con- ‘Federal authorization’ has the same meaning resentatives and the Committee on Energy and trol over the fish and wildlife resources of the as provided in section 34. Natural Resources, the Committee on Commerce, State in which the facility will be located, in the ‘‘(2) QUALIFYING CRITERIA.—The term ‘quali- Science, and Transportation, and the Committee manner provided by the Fish and Wildlife Co- fying criteria’ means, with respect to a facility— on Foreign Relations of the Senate a report that ordination Act; ‘‘(A) as of the date of enactment of this sec- develops recommended United States energy se- ‘‘(B) any Federal department supervising any tion, the facility is not licensed under, or ex- curity valuation methods. In developing the republic lands or reservations occupied by the empted from the license requirements contained port, the Secretaries may consider the rec- project; and in, this part; ommendations of the Administration’s Quadren- ‘‘(C) any Indian tribe affected by the project. ‘‘(B) the facility will be associated with a nial Energy Review released on April 21, 2015. ‘‘(3) EXEMPTION CONDITIONS.— qualifying nonpowered dam; The report shall— ‘‘(A) IN GENERAL.—The Commission shall in- ‘‘(C) the facility will be constructed, operated, (1) evaluate and define United States energy clude in any exemption granted under this sub- and maintained for the generation of electric security to reflect modern domestic and global section only such terms and conditions that the power; Commission determines are— ‘‘(D) the facility will use for such generation energy markets and the collective needs of the ‘‘(i) necessary to protect public safety; or any withdrawals, diversions, releases, or flows United States and its allies and partners; (2) identify transparent and uniform or co- ‘‘(ii) reasonable, economically feasible, and es- from the associated qualifying nonpowered dam, ordinated procedures and criteria to ensure that sential to prevent loss of or damage to, or to including its associated impoundment or other energy-related actions that significantly affect mitigate adverse effects on, fish and wildlife re- infrastructure; and sources directly caused by the construction and ‘‘(E) the operation of the facility will not re- the supply, distribution, transportation, or use operation of the qualifying facility, as compared sult in any material change to the storage, con- of energy are evaluated with respect to their po- to the environmental baseline existing at the trol, withdrawal, diversion, release, or flow op- tential impact on energy security, including time the Commission grants the exemption. erations of the associated qualifying nonpow- their impact on— (A) consumers and the economy; ‘‘(B) NO CHANGES TO RELEASE REGIME.—No ered dam. (B) energy supply diversity and resiliency; ‘‘(3) QUALIFYING FACILITY.—The term ‘quali- Federal authorization required with respect to a (C) well-functioning and competitive energy fying facility’ means a facility that is deter- qualifying facility described in paragraph (1), markets; including an exemption granted by the Commis- mined under this section to meet the qualifying (D) United States trade balance; and sion under this subsection, may include any criteria. (E) national security objectives; and condition or other requirement that results in ‘‘(4) QUALIFYING NONPOWERED DAM.—The (3) include a recommended implementation any material change to the storage, control, term ‘qualifying nonpowered dam’ means any strategy that identifies and aims to ensure that withdrawal, diversion, release, or flow oper- dam, dike, embankment, or other barrier— the procedures and criteria referred to in para- ations of the associated qualifying nonpowered ‘‘(A) the construction of which was completed graph (2) are— dam. on or before the date of enactment of this sec- (A) evaluated consistently across the Federal ‘‘(4) ENVIRONMENTAL REVIEW.—The Commis- tion; Government; and sion’s environmental review under the National ‘‘(B) that is operated for the control, release, (B) weighed appropriately and balanced with Environmental Policy Act of 1969 of a proposed or distribution of water for agricultural, munic- environmental considerations required by Fed- exemption under this subsection shall consist ipal, navigational, industrial, commercial, envi- eral law. only of an environmental assessment, unless the ronmental, recreational, aesthetic, or flood con- (b) PARTICIPATION.—In developing the report Commission determines, by rule or order, that trol purposes; referred to in subsection (a), the Secretaries may the Commission’s obligations under such Act for ‘‘(C) that, as of the date of enactment of this consult with relevant Federal, State, private granting exemptions under this subsection can section, is not equipped with hydropower gener- sector, and international participants, as appro- be met through a categorical exclusion. ating works that are licensed under, or exempt- priate and consistent with applicable law. ed from the license requirements contained in, ‘‘(5) VIOLATION OF TERMS OF EXEMPTION.— SEC. 2003. NORTH AMERICAN ENERGY SECURITY Any violation of a term or condition of any ex- this part; and PLAN. ‘‘(D) that, in the case of a non-Federal dam, emption granted under this subsection shall be (a) REQUIREMENT.—Not later than 1 year after treated as a violation of a rule or order of the has been certified by an independent consultant the date of enactment of this Act, the Secretary Commission under this Act. approved by the Commission as complying with of Energy, in collaboration with the Secretary of ‘‘(6) ANNUAL CHARGES FOR ENHANCEMENT AC- the Commission’s dam safety requirements.’’. State, shall develop and transmit to the Com- TIVITIES.—Exemptees under this subsection for TITLE II—ENERGY SECURITY AND mittee on Energy and Commerce and the Com- any facility located at a non-Federal dam shall DIPLOMACY mittee on Foreign Affairs of the House of Rep- pay to the United States reasonable annual SEC. 2001. SENSE OF CONGRESS. resentatives and the Committee on Energy and charges in an amount to be fixed by the Com- Congress finds the following: Natural Resources and the Committee on For- mission for the purpose of funding environ- (1) North America’s energy revolution has sig- eign Relations of the Senate the plan described mental enhancement projects in watersheds in nificantly enhanced energy security in the in subsection (b). which facilities exempted under this subsection United States, and fundamentally changed the (b) PURPOSE.—The plan referred to in sub- are located. Such annual charges shall be equiv- Nation’s energy future from that of scarcity to section (a) shall include— alent to the annual charges for use of a Govern- abundance. (1) a recommended framework and implemen- ment dam under section 10(e), unless the Com- (2) North America’s energy abundance has in- tation strategy to— mission determines, by rule, that a lower charge creased global energy supplies and reduced the (A) improve planning and coordination with is appropriate to protect exemptees’ investment price of energy for consumers in the United Canada and Mexico to enhance energy integra- in the project or avoid increasing the price to States and abroad. tion, strengthen North American energy secu- consumers of power due to such charges. The (3) Allies and trading partners of the United rity, and promote efficiencies in the exploration, proceeds of charges made by the Commission States, including in Europe and Asia, are seek- production, storage, supply, distribution, mar- under this paragraph shall be paid into the ing stable and affordable energy supplies from keting, pricing, and regulation of North Amer- Treasury of the United States and credited to North America to enhance their energy security. ican energy resources; and

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(B) address— Energy Regulatory Commission or the United (ii) NATURAL GAS.—For the purposes of nat- (i) North American energy public data, statis- States Maritime Administration to site, con- ural gas pipelines, a finding with respect to the tics, and mapping collaboration; struct, expand, or operate LNG export facilities, public interest under section 3(a) of the Natural (ii) responsible and sustainable best practices the Department of Energy shall issue a final de- Gas Act (15 U.S.C. 717b(a)) shall serve as a find- for the development of unconventional oil and cision on any application for the authorization ing under clause (i) of this subparagraph. natural gas; and to export natural gas under section 3 of the Nat- (B) RELEVANT OFFICIAL.—The relevant official (iii) modern, resilient energy infrastructure for ural Gas Act (15 U.S.C. 717b) not later than 30 referred to in subparagraph (A) is— North America, including physical infrastruc- days after the later of— (i) the Secretary of State with respect to liquid ture as well as institutional infrastructure such (1) the conclusion of the review to site, con- pipelines; as policies, regulations, and practices relating to struct, expand, or operate the LNG facilities re- (ii) the Federal Energy Regulatory Commis- energy development; and quired by the National Environmental Policy sion with respect to natural gas pipelines; and (2) a recommended framework and implemen- Act of 1969 (42 U.S.C. 4321 et seq.); or (iii) the Secretary of Energy with respect to tation strategy to improve collaboration with (2) the date of enactment of this Act. electric transmission facilities. Caribbean and Central American partners on (b) CONCLUSION OF REVIEW.—For purposes of (C) ADDITIONAL REQUIREMENT FOR ELECTRIC energy security, including actions to support— subsection (a), review required by the National TRANSMISSION FACILITIES.—The Secretary of En- (A) more open, transparent, and competitive Environmental Policy Act of 1969 shall be con- ergy shall require, as a condition of issuing a energy markets; sidered concluded— certificate of crossing for an electric trans- (B) regulatory capacity building; (1) for a project requiring an Environmental mission facility, that the cross-border segment be (C) improvements to energy transmission and Impact Statement, 30 days after publication of a constructed, connected, operated, or maintained storage; and Final Environmental Impact Statement; consistent with all applicable policies and (D) improvements to the performance of en- (2) for a project for which an Environmental standards of— ergy infrastructure and efficiency. Assessment has been prepared, 30 days after (i) the Electric Reliability Organization and (c) PARTICIPATION.—In developing the plan publication by the Department of Energy of a the applicable regional entity; and referred to in subsection (a), the Secretaries may Finding of No Significant Impact; and (ii) any Regional Transmission Organization consult with other Federal, State, private sector, (3) upon a determination by the lead agency or Independent System Operator with oper- and international participants, as appropriate that an application is eligible for a categorical ational or functional control over the cross-bor- and consistent with applicable law. exclusion pursuant to National Environmental der segment of the electric transmission facility. SEC. 2004. COLLECTIVE ENERGY SECURITY. Policy Act of 1969 implementing regulations. (3) MODIFICATIONS TO EXISTING PROJECTS.—No (a) IN GENERAL.—The Secretary of Energy (c) PUBLIC DISCLOSURE OF EXPORT DESTINA- certificate of crossing shall be required under and the Secretary of State shall collaborate to TIONS.—Section 3 of the Natural Gas Act (15 this subsection for a change in ownership, vol- strengthen domestic energy security and the en- U.S.C. 717b) is amended by adding at the end ume expansion, downstream or upstream inter- ergy security of the allies and trading partners the following: connection, or adjustment to maintain flow of the United States, including through actions ‘‘(g) PUBLIC DISCLOSURE OF LNG EXPORT (such as a reduction or increase in the number that support or facilitate— DESTINATIONS.—As a condition for approval of of pump or compressor stations) with respect to (1) energy diplomacy; any authorization to export LNG, the Secretary a liquid or natural gas pipeline or electric trans- (2) the delivery of United States assistance, of Energy shall require the applicant to publicly mission facility unless such modification would including energy resources and technologies, to disclose the specific destination or destinations result in a significant impact at the national prevent or mitigate an energy security crisis; of any such authorized LNG exports.’’. boundary. (3) the development of environmentally and SEC. 2006. ENVIRONMENTAL REVIEW FOR EN- (4) EFFECT OF OTHER LAWS.—Nothing in this commercially sustainable energy resources; ERGY EXPORT FACILITIES. subsection shall affect the application of any (4) open, transparent, and competitive energy Notwithstanding any other provision of law, other Federal statute (including the Natural markets; and including any other provision of this Act and Gas Act and the Energy Policy and Conserva- (5) regulatory capacity building. any amendment made by this Act, to the extent (b) ENERGY SECURITY FORUMS.—Not later tion Act) to a project for which a certificate of that the National Environmental Policy Act of than 1 year after the date of enactment of this crossing is sought under this subsection. 1969 (42 U.S.C. 4321 et seq.) applies to the Act, the Secretary of Energy, in collaboration (c) IMPORTATION OR EXPORTATION OF NAT- issuance of a permit for the construction, oper- with the Secretary of State, shall convene not URAL GAS TO CANADA AND MEXICO.—Section 3(c) ation, or maintenance of a facility for the export less than 2 forums to promote the collective en- of the Natural Gas Act (15 U.S.C. 717b(c)) is of bulk commodities, no such permit may be de- ergy security of the United States and its allies amended by adding at the end the following: nied until each applicable Federal agency has and trading partners. The forums shall include ‘‘In the case of an application for the importa- completed all reviews required for the facility participation by the Secretary of Energy and tion or exportation of natural gas to or from under such Act. the Secretary of State. In addition, an invita- Canada or Mexico, the Commission shall grant tion shall be extended to— SEC. 2007. AUTHORIZATION OF CROSS-BORDER the application not later than 30 days after the (1) appropriate representatives of foreign gov- INFRASTRUCTURE PROJECTS. date of receipt of the complete application.’’. (a) FINDING.—Congress finds that the United ernments that are allies or trading partners of (d) TRANSMISSION OF ELECTRIC ENERGY TO States should establish a more uniform, trans- the United States; and CANADA AND MEXICO.— (2) independent experts and industry rep- parent, and modern process for the construc- (1) REPEAL OF REQUIREMENT TO SECURE resentatives. tion, connection, operation, and maintenance of ORDER.—Section 202(e) of the Federal Power Act (c) REQUIREMENTS.—The forums shall— pipelines and electric transmission facilities for (16 U.S.C. 824a(e)) is repealed. (1) consist of at least 1 Trans-Atlantic and 1 the import and export of liquid products, includ- (2) CONFORMING AMENDMENTS.— Trans-Pacific energy security forum; ing water and petroleum, and natural gas and (A) STATE REGULATIONS.—Section 202(f) of the (2) be designed to foster dialogue among gov- the transmission of electricity to and from Can- Federal Power Act (16 U.S.C. 824a(f)) is amend- ernment officials, independent experts, and in- ada and Mexico. ed by striking ‘‘insofar as such State regulation dustry representatives regarding— (b) AUTHORIZATION OF CERTAIN INFRASTRUC- does not conflict with the exercise of the Com- (A) the current state of global energy markets; TURE PROJECTS AT THE NATIONAL BOUNDARY OF mission’s powers under or relating to subsection (B) trade and investment issues relevant to THE UNITED STATES.— 202(e)’’. energy; and (1) REQUIREMENT.—No person may construct, (B) SEASONAL DIVERSITY ELECTRICITY EX- (C) barriers to more open, competitive, and connect, operate, or maintain a cross-border seg- CHANGE.—Section 602(b) of the Public Utility transparent energy markets; and ment of a pipeline or electric transmission facil- Regulatory Policies Act of 1978 (16 U.S.C. 824a– (3) be recorded and made publicly available on ity for the import or export of liquid products or 4(b)) is amended by striking ‘‘the Commission the Department of Energy’s website, including, natural gas, or the transmission of electricity, to has conducted hearings and made the findings not later than 30 days after each forum, publi- or from Canada or Mexico without obtaining a required under section 202(e) of the Federal cation on the website any significant outcomes. certificate of crossing for such construction, Power Act’’ and all that follows through the pe- (d) NOTIFICATION.—At least 30 days before connection, operation, or maintenance under riod at the end and inserting ‘‘the Secretary has each of the forums referred to in subsection (b), this subsection. conducted hearings and finds that the proposed the Secretary of Energy shall send a notification (2) CERTIFICATE OF CROSSING.— transmission facilities would not impair the suf- regarding the forum to— (A) ISSUANCE.— ficiency of electric supply within the United (1) the chair and the ranking minority member (i) IN GENERAL.—Not later than 120 days after States or would not impede or tend to impede of the Committee on Energy and Commerce and final action is taken under the National Envi- the coordination in the public interest of facili- the Committee on Foreign Affairs of the House ronmental Policy Act of 1969 (42 U.S.C. 4321 et ties subject to the jurisdiction of the Secretary’’. of Representatives; and seq.) with respect to a cross-border segment de- (e) EFFECTIVE DATE; RULEMAKING DEAD- (2) the chair and ranking minority member of scribed in paragraph (1), the relevant official LINES.— the Committee on Energy and Natural Resources identified under subparagraph (B), in consulta- (1) EFFECTIVE DATE.—Subsections (b) through and the Committee on Foreign Relations of the tion with appropriate Federal agencies, shall (d), and the amendments made by such sub- Senate. issue a certificate of crossing for the cross-bor- sections, shall take effect on January 20, 2017. SEC. 2005. AUTHORIZATION TO EXPORT NATURAL der segment unless the relevant official finds (2) RULEMAKING DEADLINES.—Each relevant GAS. that the construction, connection, operation, or official described in subsection (b)(2)(B) shall— (a) DECISION DEADLINE.—For proposals that maintenance of the cross-border segment is not (A) not later than 180 days after the date of must also obtain authorization from the Federal in the public interest of the United States. enactment of this Act, publish in the Federal

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3134 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Register notice of a proposed rulemaking to ‘‘(6) mechanisms to ensure that the agency re- months after the date of enactment of the North carry out the applicable requirements of sub- alizes the energy cost savings brought about American Energy Security and Infrastructure section (b); and through increased efficiency and utilization. Act of 2016, make available to the public an up- (B) not later than 1 year after the date of en- ‘‘(d) PERFORMANCE GOALS.— date to the Report to Congress on Server and actment of this Act, publish in the Federal Reg- ‘‘(1) IN GENERAL.—Not later than 180 days Data Center Energy Efficiency published on Au- ister a final rule to carry out the applicable re- after the date of enactment of this section, the gust 2, 2007, under section 1 of Public Law 109– quirements of subsection (b). Director, in consultation with the Secretary, 431 (120 Stat. 2920), that provides— (f) DEFINITIONS.—In this section— shall establish performance goals for evaluating ‘‘(1) a comparison and gap analysis of the es- (1) the term ‘‘cross-border segment’’ means the the efforts of Federal agencies in improving the timates and projections contained in the origi- portion of a liquid or natural gas pipeline or maintenance, purchase, and use of energy-effi- nal report with new data regarding the period electric transmission facility that is located at cient and energy-saving information technology. from 2008 through 2015; the national boundary of the United States with ‘‘(2) BEST PRACTICES.—The Chief Information ‘‘(2) an analysis considering the impact of in- either Canada or Mexico; Officers Council established under section 3603 formation technologies, including virtualization (2) the terms ‘‘Electric Reliability Organiza- of title 44, United States Code, shall recommend and cloud computing, in the public and private tion’’ and ‘‘regional entity’’ have the meanings best practices for the attainment of the perform- sectors; given those terms in section 215 of the Federal ance goals, which shall include Federal agency ‘‘(3) an evaluation of the impact of the com- Power Act (16 U.S.C. 824o); consideration of, to the extent applicable by bination of cloud platforms, mobile devices, so- (3) the terms ‘‘Independent System Operator’’ law, the use of— cial media, and big data on data center energy and ‘‘Regional Transmission Organization’’ ‘‘(A) energy savings performance contracting; usage; have the meanings given those terms in section and ‘‘(4) an evaluation of water usage in data cen- 3 of the Federal Power Act (16 U.S.C. 796); ‘‘(B) utility energy services contracting. ters and recommendations for reductions in such ‘‘(e) REPORTS.— (4) the term ‘‘liquid’’ includes water, petro- water usage; and ‘‘(1) AGENCY REPORTS.—Each Federal agency leum, petroleum product, and any other sub- ‘‘(5) updated projections and recommenda- shall include in the report of the agency under stance that flows through a pipeline other than tions for best practices through fiscal year 2020. section 527 a description of the efforts and re- natural gas; and ‘‘(f) DATA CENTER ENERGY PRACTITIONER sults of the agency under this section. (5) the term ‘‘natural gas’’ has the meaning PROGRAM.—The Secretary, in collaboration with ‘‘(2) OMB GOVERNMENT EFFICIENCY REPORTS given that term in section 2 of the Natural Gas key stakeholders and the Director of the Office AND SCORECARDS.—Effective beginning not later Act (15 U.S.C. 717a). than October 1, 2017, the Director shall include of Management and Budget, shall maintain a SEC. 2008. REPORT ON SMART METER SECURITY in the annual report and scorecard of the Direc- data center energy practitioner program that CONCERNS. tor required under section 528 a description of leads to the certification of energy practitioners Not later than 1 year after the date of enact- the efforts and results of Federal agencies under qualified to evaluate the energy usage and effi- ment of this Act, the Secretary of Energy shall this section.’’. ciency opportunities in Federal data centers. transmit to Congress a report on the weaknesses (b) CONFORMING AMENDMENT.—The table of Each Federal agency shall consider having the in currently available smart meters’ security ar- contents for the Energy Independence and Secu- data centers of the agency evaluated every 4 chitecture and features, including an absence of rity Act of 2007 is amended by adding after the years, in accordance with section 543(f) of the event logging, as described in the Government item relating to section 529 the following: National Energy Conservation Policy Act (42 Accountability Office testimony entitled ‘‘Crit- U.S.C. 8253), by energy practitioners certified ‘‘Sec. 530. Energy-efficient and energy-saving ical Infrastructure Protection: Cybersecurity of pursuant to such program. information technologies.’’. the Nation’s Electricity Grid Requires Continued ‘‘(g) OPEN DATA INITIATIVE.—The Secretary, Attention’’ on October 21, 2015. SEC. 3112. ENERGY EFFICIENT DATA CENTERS. in collaboration with key stakeholders and the Section 453 of the Energy Independence and Director of the Office of Management and TITLE III—ENERGY EFFICIENCY AND Security Act of 2007 (42 U.S.C. 17112) is amend- ACCOUNTABILITY Budget, shall establish an open data initiative ed— for Federal data center energy usage data, with Subtitle A—Energy Efficiency (1) in subsection (b)(2)(D)(iv), by striking ‘‘de- the purpose of making such data available and CHAPTER 1—FEDERAL AGENCY ENERGY termined by the organization’’ and inserting accessible in a manner that encourages further EFFICIENCY ‘‘proposed by the stakeholders’’; data center innovation, optimization, and con- (2) by striking subsection (b)(3); and SEC. 3111. ENERGY-EFFICIENT AND ENERGY-SAV- solidation. In establishing the initiative, the (3) by striking subsections (c) through (g) and ING INFORMATION TECHNOLOGIES. Secretary shall consider the use of the online inserting the following: (a) AMENDMENT.—Subtitle C of title V of the Data Center Maturity Model. ‘‘(c) STAKEHOLDER INVOLVEMENT.—The Sec- Energy Independence and Security Act of 2007 ‘‘(h) INTERNATIONAL SPECIFICATIONS AND retary and the Administrator shall carry out (Public Law 110–140; 121 Stat. 1661) is amended METRICS.—The Secretary, in collaboration with subsection (b) in collaboration with the informa- by adding at the end the following: key stakeholders, shall actively participate in tion technology industry and other key stake- efforts to harmonize global specifications and ‘‘SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAV- holders, with the goal of producing results that ING INFORMATION TECHNOLOGIES. metrics for data center energy and water effi- accurately reflect the most relevant and useful ciency. ‘‘(a) DEFINITIONS.—In this section: information available. In such collaboration, ‘‘(i) DATA CENTER UTILIZATION METRIC.—The ‘‘(1) DIRECTOR.—The term ‘Director’ means the Secretary and the Administrator shall pay Secretary, in collaboration with key stake- the Director of the Office of Management and particular attention to organizations that— Budget. ‘‘(1) have members with expertise in energy ef- holders, shall facilitate the development of an ‘‘(2) INFORMATION TECHNOLOGY.—The term ficiency and in the development, operation, and efficiency metric that measures the energy effi- ‘information technology’ has the meaning given functionality of data centers, information tech- ciency of a data center (including equipment that term in section 11101 of title 40, United nology equipment, and software, such as rep- and facilities). States Code. resentatives of hardware manufacturers, data ‘‘(j) PROTECTION OF PROPRIETARY INFORMA- ‘‘(b) DEVELOPMENT OF IMPLEMENTATION center operators, and facility managers; TION.—The Secretary and the Administrator STRATEGY.—Not later than 1 year after the date ‘‘(2) obtain and address input from Depart- shall not disclose any proprietary information of enactment of this section, each Federal agen- ment of Energy National Laboratories or any or trade secrets provided by any individual or cy shall coordinate with the Director, the Sec- college, university, research institution, indus- company for the purposes of carrying out this retary, and the Administrator of the Environ- try association, company, or public interest section or the programs and initiatives estab- mental Protection Agency to develop an imple- group with applicable expertise; lished under this section.’’. mentation strategy (that includes best practices ‘‘(3) follow— SEC. 3113. REPORT ON ENERGY AND WATER SAV- and measurement and verification techniques) ‘‘(A) commonly accepted procedures for the INGS POTENTIAL FROM THERMAL for the maintenance, purchase, and use by the development of specifications; and INSULATION. Federal agency of energy-efficient and energy- ‘‘(B) accredited standards development proc- (a) REPORT.—Not later than 1 year after the saving information technologies, taking into esses; and date of enactment of this Act, the Secretary of consideration the performance goals established ‘‘(4) have a mission to promote energy effi- Energy, in consultation with appropriate Fed- under subsection (d). ciency for data centers and information tech- eral agencies and relevant stakeholders, shall ‘‘(c) ADMINISTRATION.—In developing an im- nology. submit to the Committee on Energy and Natural plementation strategy under subsection (b), each ‘‘(d) MEASUREMENTS AND SPECIFICATIONS.— Resources of the Senate and the Committee on Federal agency shall consider— The Secretary and the Administrator shall con- Energy and Commerce of the House of Rep- ‘‘(1) advanced metering infrastructure; sider and assess the adequacy of the specifica- resentatives a report on the impact of thermal ‘‘(2) energy-efficient data center strategies tions, measurements, best practices, and bench- insulation on both energy and water use sys- and methods of increasing asset and infrastruc- marks described in subsection (b) for use by the tems for potable hot and chilled water in Fed- ture utilization; Federal Energy Management Program, the En- eral buildings, and the return on investment of ‘‘(3) advanced power management tools; ergy Star Program, and other efficiency pro- installing such insulation. ‘‘(4) building information modeling, including grams of the Department of Energy or the Envi- (b) CONTENTS.—The report shall include— building energy management; ronmental Protection Agency. (1) an analysis based on the cost of municipal ‘‘(5) secure telework and travel substitution ‘‘(e) STUDY.—The Secretary, in collaboration or regional water for delivered water and the tools; and with the Administrator, shall, not later than 18 avoided cost of new water; and

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(2) a summary of energy and water savings, ‘‘(3) NO EFFECT ON EXISTING PROCESSES.— with design or operating needs, over the useful including short-term and long-term (20 years) Nothing in paragraph (1) shall be interpreted to life of the facility, while meeting facility occu- projections of such savings. require a State or political subdivision of a pancy requirements.’’; SEC. 3114. BATTERY STORAGE REPORT. State, directly or indirectly, to change the sys- (B) in paragraph (2), by adding at the end the Not later than 1 year after the date of enact- tems, processes, or equipment it uses to collect, following: ment of this Act, the Comptroller General shall treat, dispose of, or otherwise use municipal ‘‘(C) ENERGY MANAGEMENT SYSTEM.—An en- transmit to Congress a report on the potential of solid waste, within the meaning of the Solid ergy manager designated under subparagraph battery energy storage that answers the fol- Waste Disposal Act (42 U.S.C. 6901 et seq.), nor (A) shall consider use of a system to manage en- lowing questions: require a change to the regulations that imple- ergy use at the facility and certification of the (1) How do existing Federal standards impact ment subtitle D of such Act (42 U.S.C. 6941 et facility in accordance with the International the development and deployment of battery stor- seq.).’’. Organization for Standardization standard numbered 50001 and entitled ‘Energy Manage- age systems? SEC. 3116. ENERGY PERFORMANCE REQUIRE- (2) What are the benefits of using existing bat- MENT FOR FEDERAL BUILDINGS. ment Systems’.’’; (C) by striking paragraphs (3) and (4) and in- tery storage technology, and what challenges Section 543 of the National Energy Conserva- serting the following: exist to their widespread use? What are some ex- tion Policy Act (42 U.S.C. 8253) is amended— ‘‘(3) ENERGY AND WATER EVALUATIONS AND amples of existing battery storage projects pro- (1) by striking subsection (a) and inserting the COMMISSIONING.— viding these benefits? following: ‘‘(A) EVALUATIONS.—Except as provided in (3) What potential impact could large-scale ‘‘(a) ENERGY PERFORMANCE REQUIREMENT FOR subparagraph (B), effective beginning on the battery storage and behind-the-meter battery FEDERAL BUILDINGS.— date that is 180 days after the date of enactment storage have on renewable energy utilization? ‘‘(1) REQUIREMENT.—Subject to paragraph (2), of the North American Energy Security and In- (4) What is the potential of battery technology each agency shall apply energy conservation frastructure Act of 2016, and annually therefor grid-scale use nationwide? What is the po- measures to, and shall improve the design for after, each energy manager shall complete, for tential impact of battery technology on the na- the construction of, the Federal buildings of the each calendar year, a comprehensive energy and tional grid capabilities? agency (including each industrial or laboratory water evaluation and recommissioning or (5) How much economic activity associated facility) so that the energy consumption per retrocommissioning for approximately 25 percent with large-scale and behind-the-meter battery gross square foot of the Federal buildings of the of the facilities of that energy manager’s agency storage technology is located in the United agency in fiscal years 2006 through 2017 is re- that meet the criteria under paragraph (2)(B) in States? How many jobs do these industries ac- duced, as compared with the energy consump- a manner that ensures that an evaluation of count for? tion per gross square foot of the Federal build- each facility is completed at least once every 4 (6) What policies other than the Renewable ings of the agency in fiscal year 2003, by the years. Energy Investment Tax Credit have research percentage specified in the following table: ‘‘(B) EXCEPTIONS.—An evaluation and re- and available data shown to promote renewable Percentage commissioning or recommissioning shall not be energy use and storage technology deployment required under subparagraph (A) with respect to by State and local governments or private end- ‘‘Fiscal Year Reduction 2006 ...... 2 a facility that— users? 2007 ...... 4 ‘‘(i) has had a comprehensive energy and SEC. 3115. FEDERAL PURCHASE REQUIREMENT. 2008 ...... 9 water evaluation during the 8-year period pre- (a) DEFINITIONS.—Section 203(b) of the Energy 2009 ...... 12 ceding the date of the evaluation; Policy Act of 2005 (42 U.S.C. 15852(b)) is amend- 2010 ...... 15 ‘‘(ii)(I) has been commissioned, recommis- ed by striking paragraph (2) and inserting the 2011 ...... 18 sioned, or retrocommissioned during the 10-year following: 2012 ...... 21 period preceding the date of the evaluation; or ‘‘(2) RENEWABLE ENERGY.—The term ‘renew- ‘‘(II) is under ongoing commissioning, re- 2013 ...... 24 able energy’ means electric energy, or thermal commissioning, or retrocommissioning; 2014 ...... 27 energy if resulting from a thermal energy project ‘‘(iii) has not had a major change in function 2015 ...... 30 placed in service after December 31, 2014, gen- or use since the previous evaluation and com- 2016 ...... 33 erated from, or avoided by, solar, wind, biomass, missioning, recommissioning, or 2017 ...... 36. landfill gas, ocean (including tidal, wave, cur- retrocommissioning; ‘‘(2) EXCLUSION FOR BUILDINGS WITH ENERGY rent, and thermal), geothermal, municipal solid ‘‘(iv) has been benchmarked with public dis- INTENSIVE ACTIVITIES.— waste (in accordance with subsection (e)), quali- closure under paragraph (8) within the year ‘‘(A) IN GENERAL.—An agency may exclude fied waste heat resource, or new hydroelectric preceding the evaluation; and from the requirements of paragraph (1) any ‘‘(v)(I) based on the benchmarking, has generation capacity achieved from increased ef- building (including the associated energy con- ficiency or additions of new capacity at an ex- achieved at a facility level the most recent cu- sumption and gross square footage) in which en- mulative energy savings target under subsection isting hydroelectric project. ergy intensive activities are carried out. ‘‘(3) QUALIFIED WASTE HEAT RESOURCE.—The (a) compared to the earlier of— ‘‘(B) REPORTS.—Each agency shall identify term ‘qualified waste heat resource’ means— ‘‘(aa) the date of the most recent evaluation; and list in each report made under section ‘‘(A) exhaust heat or flared gas from any in- or 548(a) the buildings designated by the agency ‘‘(bb) the date— dustrial process; ‘‘(AA) of the most recent commissioning, re- ‘‘(B) waste gas or industrial tail gas that for exclusion under subparagraph (A). commissioning, or retrocommissioning; or would otherwise be flared, incinerated, or vent- ‘‘(3) REVIEW.—Not later than December 31, 2017, the Secretary shall— ‘‘(BB) on which ongoing commissioning, reed; commissioning, or retrocommissioning began; or ‘‘(C) a pressure drop in any gas for an indus- ‘‘(A) review the results of the implementation of the energy performance requirements estab- ‘‘(II) has a long-term contract in place guar- trial or commercial process; or anteeing energy savings at least as great as the ‘‘(D) such other forms of waste heat as the lished under paragraph (1); and ‘‘(B) based on the review conducted under energy savings target under subclause (I). Secretary determines appropriate.’’. ‘‘(4) IMPLEMENTATION OF IDENTIFIED ENERGY (b) PAPER RECYCLING.—Section 203 of the En- subparagraph (A), submit to Congress a report that addresses the feasibility of requiring each AND WATER EFFICIENCY MEASURES.— ergy Policy Act of 2005 (42 U.S.C. 15852) is ‘‘(A) IN GENERAL.—Not later than 2 years agency to apply energy conservation measures amended by adding at the end the following: after the date of completion of each evaluation to, and improve the design for the construction ‘‘(e) PAPER RECYCLING.— under paragraph (3), each energy manager of, the Federal buildings of the agency (includ- ‘‘(1) SEPARATE COLLECTION.—For purposes of may— this section, any Federal agency may consider ing each industrial or laboratory facility) so ‘‘(i) implement any energy- or water-saving electric energy generation purchased from a fa- that the energy consumption per gross square measure that the Federal agency identified in cility to be renewable energy if the municipal foot of the Federal buildings of the agency in the evaluation conducted under paragraph (3) solid waste used by the facility to generate the each of fiscal years 2018 through 2030 is re- that is life-cycle cost effective; and electricity is— duced, as compared with the energy consump- ‘‘(ii) bundle individual measures of varying ‘‘(A) separately collected (within the meaning tion per gross square foot of the Federal build- paybacks together into combined projects. of section 246.101(z) of title 40, Code of Federal ings of the agency in the prior fiscal year, by 3 ‘‘(B) MEASURES NOT IMPLEMENTED.—Each en- Regulations, as in effect on the date of enact- percent.’’; and ergy manager, as part of the certification system ment of the North American Energy Security (2) in subsection (f)— under paragraph (7) and using guidelines devel- and Infrastructure Act of 2016) from paper that (A) in paragraph (1)— oped by the Secretary, shall provide an expla- is commonly recycled; and (i) by redesignating subparagraphs (E), (F), nation regarding any life-cycle cost-effective ‘‘(B) processed in a way that keeps paper that and (G) as subparagraphs (F), (G), and (H), re- measures described in subparagraph (A)(i) that is commonly recycled segregated from non-recy- spectively; and have not been implemented.’’; and clable solid waste. (ii) by inserting after subparagraph (D) the (D) in paragraph (7)(C), by adding at the end ‘‘(2) INCIDENTAL INCLUSION.—Municipal solid following: the following: waste used to generate electric energy that ‘‘(E) ONGOING COMMISSIONING.—The term ‘on- ‘‘(iii) SUMMARY REPORT.—The Secretary shall meets the conditions described in paragraph (1) going commissioning’ means an ongoing process make publicly available a report that summa- shall be considered renewable energy even if the of commissioning using monitored data, the pri- rizes the information tracked under subpara- municipal solid waste contains incidental com- mary goal of which is to ensure continuous opti- graph (B)(i) by each agency and, as applicable, monly recycled paper. mum performance of a facility, in accordance by each type of measure.’’.

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SEC. 3117. FEDERAL BUILDING ENERGY EFFI- ‘‘(C) BUDGET REQUEST.—In the budget re- (A) deposited monthly in the Treasury to the CIENCY PERFORMANCE STANDARDS; quest’’; and credit of the appropriations account for salaries CERTIFICATION SYSTEM AND LEVEL (C) in subparagraph (D)— and expenses of the office; and FOR FEDERAL BUILDINGS. (i) by striking ‘‘(D) Not later than’’ and all (B) available for obligation without further (a) DEFINITIONS.—Section 303 of the Energy that follows through the end of the first sen- appropriation during— Conservation and Production Act (42 U.S.C. tence of clause (i)(III) and inserting the fol- (i) the fiscal year collected; and 6832) is amended— lowing: (ii) the fiscal year following the fiscal year (1) in paragraph (6), by striking ‘‘to be con- ‘‘(D) CERTIFICATION FOR GREEN BUILDINGS.— collected. structed’’ and inserting ‘‘constructed or al- ‘‘(i) IN GENERAL.—’’; (c) NO EFFECT ON EXISTING PROGRAMS FOR tered’’; and (ii) by striking clause (ii); HOUSE AND SENATE.—Nothing in this section (2) by adding at the end the following: (iii) in clause (iii), by striking ‘‘(iii) In identi- ‘‘(17) MAJOR RENOVATION.—The term ‘major may be construed to affect the installation, con- fying’’ and inserting the following: renovation’ means a modification of building struction, operation, or maintenance of battery ‘‘(ii) CONSIDERATIONS.—In identifying’’; energy systems sufficiently extensive that the recharging stations by the Architect of the Cap- (iv) in clause (iv)— whole building can meet energy standards for itol— (I) by striking ‘‘(iv) At least once’’ and insert- new buildings, based on criteria to be estab- (1) under Public Law 112–170 (2 U.S.C. 2171), ing the following: lished by the Secretary through notice and com- relating to employees of the House of Represent- ‘‘(iii) STUDY.—At least once’’; and atives and individuals authorized to park in ment rulemaking.’’. (II) by striking ‘‘clause (iii)’’ and inserting (b) FEDERAL BUILDING EFFICIENCY STAND- any parking area under the jurisdiction of the ‘‘clause (ii)’’; ARDS.—Section 305 of the Energy Conservation House of Representatives on the Capitol (v) in clause (v)— and Production Act (42 U.S.C. 6834) is amend- Grounds; or (I) by striking ‘‘(v) The Secretary may’’ and (2) under Public Law 112–167 (2 U.S.C. 2170), ed— inserting the following: (1) in subsection (a)(3)— relating to employees of the Senate and individ- ‘‘(iv) INTERNAL CERTIFICATION PROCESSES.— (A) by striking ‘‘(3)(A) Not later than’’ and all uals authorized to park in any parking area The Secretary may’’; and that follows through the end of subparagraph under the jurisdiction of the Senate on the Cap- (II) by striking ‘‘clause (i)(III)’’ each place it (B) and inserting the following: itol Grounds. appears and inserting ‘‘clause (i)’’; ‘‘(3) REVISED FEDERAL BUILDING ENERGY EFFI- (d) EFFECTIVE DATE.—This section shall apply (vi) in clause (vi)— CIENCY PERFORMANCE STANDARDS; CERTIFI- with respect to fiscal year 2016 and each suc- (I) by striking ‘‘(vi) With respect’’ and insert- CATION FOR GREEN BUILDINGS.— ceeding fiscal year. ing the following: ‘‘(A) REVISED FEDERAL BUILDING ENERGY EFFI- SEC. 3119. REPORT ON ENERGY SAVINGS AND ‘‘(v) PRIVATIZED MILITARY HOUSING.—With re- CIENCY PERFORMANCE STANDARDS.— GREENHOUSE GAS EMISSIONS RE- spect’’; and ‘‘(i) IN GENERAL.—Not later than 1 year after DUCTION FROM CONVERSION OF the date of enactment of the North American (II) by striking ‘‘develop alternative criteria to CAPTURED METHANE TO ENERGY. Energy Security and Infrastructure Act of 2016, those established by subclauses (I) and (III) of (a) REPORT.—Not later than 1 year after the the Secretary shall establish, by rule, revised clause (i) that achieve an equivalent result in date of enactment of this Act, the Secretary of Federal building energy efficiency performance terms of energy savings, sustainable design, Energy, in consultation with appropriate Fed- standards that require that— and’’ and inserting ‘‘develop alternative certifi- eral agencies and relevant stakeholders, shall ‘‘(I) new Federal buildings and alterations cation systems and levels than the systems and submit to the Committee on Energy and Natural and additions to existing Federal buildings— levels identified under clause (i) that achieve an Resources of the Senate and the Committee on ‘‘(aa) meet or exceed the most recent revision equivalent result in terms of’’; and Energy and Commerce of the House of Rep- of the IECC (in the case of residential buildings) (vii) in clause (vii), by striking ‘‘(vii) In addi- resentatives a report on the impact of captured or ASHRAE Standard 90.1 (in the case of com- tion to’’ and inserting the following: methane converted for energy and power gen- mercial buildings) as of the date of enactment of ‘‘(vi) WATER CONSERVATION TECHNOLOGIES.— eration on Federal lands, Federal buildings, and the North American Energy Security and Infra- In addition to’’; and relevant municipalities that use such genera- structure Act of 2016; and (2) by striking subsections (c) and (d) and in- tion, and the return on investment and reduc- ‘‘(bb) meet or exceed the energy provisions of serting the following: tion in greenhouse gas emissions of utilizing State and local building codes applicable to the ‘‘(c) PERIODIC REVIEW.—The Secretary shall— such power generation. building, if the codes are more stringent than ‘‘(1) every 5 years, review the Federal building (b) CONTENTS.—The report shall include— the IECC or ASHRAE Standard 90.1, as applica- energy standards established under this section; (1) a summary of energy performance and sav- ble; and ings resulting from the utilization of such power ‘‘(II) unless demonstrated not to be life-cycle ‘‘(2) on completion of a review under para- generation, including short-term and long-term cost effective for new Federal buildings and graph (1), if the Secretary determines that sig- (20 years) projections of such savings; and Federal buildings with major renovations— nificant energy savings would result, upgrade (2) an analysis of the reduction in greenhouse ‘‘(aa) the buildings be designed to achieve en- the standards to include all new energy effi- emissions resulting from the utilization of such ergy consumption levels that are at least 30 per- ciency and renewable energy measures that are power generation. cent below the levels established in the version technologically feasible and economically justified.’’. CHAPTER 2—ENERGY EFFICIENT of the ASHRAE Standard or the IECC, as ap- TECHNOLOGY AND MANUFACTURING propriate, that is applied under subclause SEC. 3118. OPERATION OF BATTERY RECHARGING (I)(aa), including updates under subparagraph STATIONS IN PARKING AREAS USED SEC. 3121. INCLUSION OF SMART GRID CAPA- (B); and BY FEDERAL EMPLOYEES. BILITY ON ENERGY GUIDE LABELS. ‘‘(bb) sustainable design principles are applied (a) AUTHORIZATION.— Section 324(a)(2) of the Energy Policy and to the location, siting, design, and construction (1) IN GENERAL.—The head of any office of the Conservation Act (42 U.S.C. 6294(a)(2)) is of all new Federal buildings and replacement Federal Government which owns or operates a amended by adding the following at the end: Federal buildings; parking area for the use of its employees (either ‘‘(J) SMART GRID CAPABILITY ON ENERGY GUIDE ‘‘(III) if water is used to achieve energy effi- directly or indirectly through a contractor) may LABELS.— ciency, water conservation technologies shall be install, construct, operate, and maintain on a ‘‘(i) RULE.—Not later than 1 year after the applied to the extent that the technologies are reimbursable basis a battery recharging station date of enactment of this subparagraph, the life-cycle cost effective; and in such area for the use of privately owned ve- Commission shall initiate a rulemaking to con- ‘‘(IV) if life-cycle cost effective, as compared hicles of employees of the office and others who sider making a special note in a prominent man- to other reasonably available technologies, not are authorized to park in such area. ner on any Energy Guide label for any product less than 30 percent of the hot water demand for (2) USE OF VENDORS.—The head of an office that includes Smart Grid capability that— each new Federal building or Federal building may carry out paragraph (1) through a contract ‘‘(I) Smart Grid capability is a feature of that undergoing a major renovation be met through with a vendor, under such terms and conditions product; the installation and use of solar hot water heat- (including terms relating to the allocation be- ‘‘(II) the use and value of that feature depend ers. tween the office and the vendor of the costs of on the Smart Grid capability of the utility sys- ‘‘(ii) LIMITATION.—Clause (i)(I) shall not carrying out the contract) as the head of the of- tem in which the product is installed and the apply to unaltered portions of existing Federal fice and the vendor may agree to. active utilization of that feature by the cus- buildings and systems that have been added to (b) IMPOSITION OF FEES TO COVER COSTS.— tomer; and or altered. (1) FEES.—The head of an office of the Fed- ‘‘(III) on a utility system with Smart Grid ca- ‘‘(B) UPDATES.—Not later than 1 year after eral Government which operates and maintains pability, the use of the product’s Smart Grid ca- the date of approval of each subsequent revision a battery recharging station under this section pability could reduce the customer’s cost of the of ASHRAE Standard 90.1 or the IECC, as ap- shall charge fees to the individuals who use the product’s annual operation as a result of the in- propriate, the Secretary shall determine whether station in such amount as is necessary to ensure cremental energy and electricity cost savings the revised standards established under sub- that office recovers all of the costs it incurs in that would result from the customer taking full paragraph (A) should be updated to reflect the installing, constructing, operating, and main- advantage of such Smart Grid capability. revisions, based on the energy savings and life- taining the station. ‘‘(ii) DEADLINE.—Not later than 3 years after cycle cost effectiveness of the revisions.’’; (2) DEPOSIT AND AVAILABILITY OF FEES.—Any the date of enactment of this subparagraph, the (B) in subparagraph (C), by striking ‘‘(C) In fees collected by the head of an office under this Commission shall complete the rulemaking initi- the budget request’’ and inserting the following: subsection shall be— ated under clause (i).’’.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3137 SEC. 3122. VOLUNTARY VERIFICATION PROGRAMS untary verification program as an approved pro- this Act, the Secretary shall publish, not later FOR AIR CONDITIONING, FURNACE, gram described in subparagraph (A) upon a than October 31, 2015, a supplemental notice of BOILER, HEAT PUMP, AND WATER finding that the program is not meeting its obli- proposed rulemaking or a notice of data avail- HEATER PRODUCTS. gations for compliance through program review ability updating the proposed rule entitled ‘En- Section 326(b) of the Energy Policy and Con- criteria developed during the negotiated rule- ergy Conservation Program for Consumer Prod- servation Act (42 U.S.C. 6296(b)) is amended by making conducted under subparagraph (B). ucts: Energy Conservation Standards for Resi- adding at the end the following: ‘‘(C) ADMINISTRATION.— dential Furnaces’ and published in the Federal ‘‘(6) VOLUNTARY VERIFICATION PROGRAMS FOR ‘‘(i) IN GENERAL.—The Secretary shall not re- Register on March 12, 2015 (80 Fed. Reg. 13119), AIR CONDITIONING, FURNACE, BOILER, HEAT quire— to provide notice and an opportunity for com- PUMP, AND WATER HEATER PRODUCTS.— ‘‘(I) manufacturers to participate in a recog- ment on— ‘‘(A) RELIANCE ON VOLUNTARY PROGRAMS.— nized voluntary verification program described ‘‘(I) dividing nonweatherized gas furnaces For the purpose of verifying compliance with in subparagraph (A); or into two or more product classes with separate energy conservation standards established ‘‘(II) participating manufacturers to provide energy conservation standards based on capac- under sections 325 and 342 for covered products information that has already been provided to ity; and described in paragraphs (3), (4), (5), (9), and (11) the Secretary. ‘‘(II) any other matters the Secretary deter- of section 322(a) and covered equipment de- ‘‘(ii) LIST OF COVERED PRODUCTS.—The Sec- mines appropriate. scribed in subparagraphs (B), (C), (D), (F), (I), retary may maintain a publicly available list of ‘‘(ii) On receipt of a statement that is sub- (J), and (K) of section 340(1), the Secretary shall covered products and equipment that distin- mitted on or before January 1, 2016, jointly by rely on testing conducted by recognized vol- guishes between products that are and are not interested persons that are fairly representative untary verification programs that are recog- covered products and equipment verified of relevant points of view, that contains rec- nized by the Secretary in accordance with sub- through a recognized voluntary verification pro- ommended standards for nonweatherized gas paragraph (B). gram described in subparagraph (A). furnaces and mobile home gas furnaces that are ‘‘(B) RECOGNITION OF VOLUNTARY ‘‘(iii) PERIODIC VERIFICATION TESTING.—The consistent with the requirements of this part VERIFICATION PROGRAMS.— Secretary— (except that the date on which such standards ‘‘(i) IN GENERAL.—Not later than 180 days ‘‘(I) shall not subject products or equipment will apply may be earlier or later than the date after the date of enactment of this paragraph, that have been verification tested under a recog- the Secretary shall initiate a negotiated rule- required under this part), the Secretary shall nized voluntary verification program described evaluate the standards proposed in the joint making in accordance with subchapter III of in subparagraph (A) to periodic verification chapter 5 of title 5, United States Code (com- statement for consistency with the requirements testing to verify the accuracy of the certified of subsection (o), and shall publish notice of the monly known as the ‘Negotiated Rulemaking performance rating of the products or equip- Act of 1990’) to develop criteria that have con- potential adoption of the standards proposed in ment; but the joint statement, modified as necessary to en- sensus support for achieving recognition by the ‘‘(II) may require testing of products or equip- Secretary as an approved voluntary verification sure consistency with subsection (o). The Sec- ment described in subclause (I)— retary shall solicit public comment for a period program. Any subsequent amendment to such ‘‘(aa) if the testing is necessary— criteria may be made only pursuant to a subse- of at least 30 days with respect to such notice. ‘‘(AA) to assess the overall performance of a ‘‘(iii) Not later than July 31, 2016, but not be- quent negotiated rulemaking in accordance with voluntary verification program; subchapter III of chapter 5 of title 5, United fore July 1, 2016, the Secretary shall publish a ‘‘(BB) to address specific performance issues; final rule containing a determination of wheth- States Code. ‘‘(CC) for use in updating test procedures and ‘‘(ii) MINIMUM REQUIREMENTS.—The criteria er the standards for nonweatherized gas fur- standards; or naces and mobile home gas furnaces should be developed under clause (i) shall, at a minimum, ‘‘(DD) for other purposes consistent with this ensure that a voluntary verification program— amended. Such rule shall contain any such title; or amendments to the standards.’’. ‘‘(I) is nationally recognized; ‘‘(bb) if such testing is agreed to during the ‘‘(II) is operated by a third party and not di- negotiated rulemaking conducted under sub- SEC. 3124. NO WARRANTY FOR CERTAIN CER- TIFIED ENERGY STAR PRODUCTS. rectly operated by a program participant; paragraph (B). Section 324A of the Energy Policy and Con- ‘‘(III) satisfies any applicable elements of— ‘‘(D) EFFECT ON OTHER AUTHORITY.—Nothing ‘‘(aa) International Organization for Stand- in this paragraph limits the authority of the servation Act (42 U.S.C. 6294a) is amended by ardization standard numbered 17025; and Secretary to enforce compliance with any law.’’. adding at the end the following new subsection: ‘‘(bb) any other relevant International Orga- ‘‘(e) NO WARRANTY.— SEC. 3123. FACILITATING CONSENSUS FURNACE nization for Standardization standards identi- ‘‘(1) IN GENERAL.—Any disclosure relating to STANDARDS. fied and agreed to through the negotiated rule- participation of a product in the Energy Star (a) CONGRESSIONAL FINDINGS AND DECLARA- making under clause (i); program shall not create an express or implied TION OF PURPOSE.— ‘‘(IV) at least annually tests independently warranty or give rise to any private claims or obtained products following the test procedures (1) FINDINGS.—Congress finds that— (A) acting pursuant to the requirements of rights of action under State or Federal law re- established under this title to verify the certified section 325 of the Energy Policy and Conserva- lating to the disqualification of that product rating of a representative sample of products tion Act (42 U.S.C. 6295), the Secretary of En- from Energy Star if— and equipment within the scope of the program; ‘‘(A) the product has been certified by a cer- ergy is considering amending the energy con- ‘‘(V) maintains a publicly available list of all tification body recognized by the Energy Star servation standards applicable to residential ratings of products subject to verification; program; nonweatherized gas furnaces and mobile home ‘‘(VI) requires the changing of the perform- ‘‘(B) the Administrator has approved correc- ance rating or removal of the product or equip- gas furnaces; (B) numerous stakeholders, representing man- tive measures, including a determination of ment from the program if testing determines that whether or not consumer compensation is appro- the performance rating does not meet the levels ufacturers, distributors, and installers of residential nonweatherized gas furnaces and mobile priate; and the manufacturer has certified to the Secretary; ‘‘(C) the responsible party has fully complied ‘‘(VII) requires new program participants to home furnaces, natural gas utilities, home builders, multifamily property owners, and en- with all approved corrective measures. substantiate ratings through test data generated ‘‘(2) CONSTRUAL.—Nothing in this subsection ergy efficiency, environmental, and consumer in accordance with Department of Energy regu- shall be construed to require the Administrator advocates have begun negotiations in an at- lations; to modify any procedure or take any other ac- tempt to agree on a consensus recommendation ‘‘(VIII) allows for challenge testing of prod- tion.’’. ucts and equipment within the scope of the pro- to the Secretary on levels for such standards that will meet the statutory criteria; and SEC. 3125. CLARIFICATION TO EFFECTIVE DATE gram; FOR REGIONAL STANDARDS. ‘‘(IX) requires program participants to dis- (C) the stakeholders believe these negotiations Section 325(o)(6)(E)(ii) of the Energy Policy close the performance rating of all covered prod- are likely to result in a consensus recommenda- and Conservation Act (42 U.S.C. ucts and equipment within the scope of the pro- tion, but several of the stakeholders do not sup- 6295(o)(6)(E)(ii)) is amended by striking ‘‘in- gram for the covered product or equipment; port suspending the current rulemaking. stalled’’ and inserting ‘‘manufactured or im- ‘‘(X) provides to the Secretary— (2) PURPOSE.—It is the purpose of this section ‘‘(aa) an annual report of all test results, the to provide the stakeholders described in para- ported into the United States’’. contents of which shall be determined through graph (1) with an opportunity to continue nego- SEC. 3126. INTERNET OF THINGS REPORT. the negotiated rulemaking process under clause tiations for a limited time period to facilitate the The Secretary of Energy shall, not later than (i); and proposal for adoption of standards that enjoy 18 months after the date of enactment of this ‘‘(bb) test reports, on the request of the Sec- consensus support, while not delaying the cur- Act, report to the Committee on Energy and retary, that note any instructions specified by rent rulemaking except to the extent necessary Commerce of the House of Representatives and the manufacturer or the representative of the to provide such opportunity. the Committee on Energy and Natural Resources manufacturer for the purpose of conducting the (b) OPPORTUNITY FOR A NEGOTIATED FURNACE of the Senate on the efforts made to take advan- verification testing; and STANDARD.—Section 325(f)(4) of the Energy Pol- tage of, and promote, the utilization of ad- ‘‘(XI) satisfies any additional requirements or icy and Conservation Act (42 U.S.C. 6295(f)(4)) vanced technologies such as Internet of Things standards that the Secretary shall establish con- is amended by adding after subparagraph (D) end-to-end platform solutions to provide real- sistent with this subparagraph. the following: time actionable analytics and enable predictive ‘‘(iii) CESSATION OF RECOGNITION.—The Sec- ‘‘(E)(i) Unless the Secretary has published maintenance and asset management to improve retary may only cease recognition of a vol- such a notice prior to the date of enactment of energy efficiency wherever feasible. In doing so,

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3138 CONGRESSIONAL RECORD — HOUSE May 25, 2016 the Secretary shall look to encourage and utilize CHAPTER 3—SCHOOL BUILDINGS ‘‘(20) IECC.—The term ‘IECC’ means the Internet of Things energy management solutions SEC. 3131. COORDINATION OF ENERGY RETRO- International Energy Conservation Code as that have security tightly integrated into the FITTING ASSISTANCE FOR SCHOOLS. published by the International Code Council. hardware and software from the outset. The Section 392 of the Energy Policy and Con- ‘‘(21) INDIAN TRIBE.—The term ‘Indian tribe’ Secretary shall also encourage the use of Inter- servation Act (42 U.S.C. 6371a) is amended by has the meaning given the term in section 4 of net of Things solutions that enable seamless adding at the end the following: the Native American Housing Assistance and connectivity and that are interoperable, open ‘‘(e) COORDINATION OF ENERGY RETROFITTING Self-Determination Act of 1996 (25 U.S.C. 4103). standards-based, and built on a repeatable ASSISTANCE FOR SCHOOLS.— ‘‘(22) SIMPLE PAYBACK.—The term ‘simple pay- foundation for ease of scalability. ‘‘(1) DEFINITION OF SCHOOL.—Notwith- back’ means the time in years that is required SEC. 3127. ENERGY SAVINGS FROM LUBRICATING standing section 391(6), for the purposes of this for energy savings to exceed the incremental OIL. subsection, the term ‘school’ means— first cost of a new requirement or code. ‘‘(A) an elementary school or secondary Not later than 1 year after the date of enact- ‘‘(23) TECHNICALLY FEASIBLE.—The term ‘tech- school (as defined in section 9101 of the Elemen- ment of this Act, the Secretary of Energy, in co- nically feasible’ means capable of being tary and Secondary Education Act of 1965 (20 operation with the Administrator of the Envi- achieved, based on widely available appliances, U.S.C. 7801)); equipment, technologies, materials, and con- ronmental Protection Agency and the Director ‘‘(B) an institution of higher education (as de- of Management and Budget, shall— struction practices.’’. fined in section 102(a) of the Higher Education (b) STATE BUILDING ENERGY EFFICIENCY (1) review and update the report prepared Act of 1965 (20 U.S.C. 1002(a))); CODES.—Section 304 of the Energy Conservation pursuant to section 1838 of the Energy Policy ‘‘(C) a school of the defense dependents’ edu- and Production Act (42 U.S.C. 6833) is amended Act of 2005; cation system under the Defense Dependents’ to read as follows: (2) after consultation with relevant Federal, Education Act of 1978 (20 U.S.C. 921 et seq.) or State, and local agencies and affected industry ‘‘SEC. 304. UPDATING STATE BUILDING ENERGY established under section 2164 of title 10, United EFFICIENCY CODES. and stakeholder groups, update data that was States Code; ‘‘(a) IN GENERAL.—The Secretary shall pro- used in preparing that report; and ‘‘(D) a school operated by the Bureau of In- vide technical assistance, as described in sub- (3) prepare and submit to Congress a coordi- dian Affairs; section (e), for the purposes of— nated Federal strategy to increase the beneficial ‘‘(E) a tribally controlled school (as defined in ‘‘(1) implementation of building energy codes reuse of used lubricating oil, that— section 5212 of the Tribally Controlled Schools by States, Indian tribes, and, as appropriate, by (A) is consistent with national policy as estab- Act of 1988 (25 U.S.C. 2511)); and local governments, that are technically feasible ‘‘(F) a Tribal College or University (as defined lished pursuant to section 2 of the Used Oil Re- and cost-effective; and cycling Act of 1980 (Public Law 96–463); and in section 316(b) of the Higher Education Act of ‘‘(2) supporting full compliance with the 1965 (20 U.S.C. 1059c(b))). (B) addresses measures needed to— State, tribal, and local codes. ‘‘(2) ESTABLISHMENT OF CLEARINGHOUSE.—The (i) increase the responsible collection of used ‘‘(b) STATE AND INDIAN TRIBE CERTIFICATION Secretary, acting through the Office of Energy oil; OF BUILDING ENERGY CODE UPDATES.— Efficiency and Renewable Energy, shall estab- (ii) disseminate public information concerning ‘‘(1) REVIEW AND UPDATING OF CODES BY EACH lish a clearinghouse to disseminate information sustainable reuse options for used oil; and STATE AND INDIAN TRIBE.— (iii) promote sustainable reuse of used oil by regarding available Federal programs and fi- ‘‘(A) IN GENERAL.—Not later than 3 years Federal agencies, recipients of Federal grant nancing mechanisms that may be used to help after the date on which a model building energy funds, entities contracting with the Federal initiate, develop, and finance energy efficiency, code is published, each State or Indian tribe Government, and the general public. distributed generation, and energy retrofitting shall certify whether or not the State or Indian projects for schools. SEC. 3128. DEFINITION OF EXTERNAL POWER tribe, respectively, has reviewed and updated ‘‘(3) REQUIREMENTS.—In carrying out para- SUPPLY. the energy provisions of the building code of the graph (2), the Secretary shall— Section 321(36)(A) of the Energy Policy and ‘‘(A) consult with appropriate Federal agen- State or Indian tribe, respectively. ‘‘(B) DEMONSTRATION.—The certification shall Conservation Act (42 U.S.C. 6291(36)(A)) is cies to develop a list of Federal programs and fi- include a statement of whether or not the en- amended— nancing mechanisms that are, or may be, used ergy savings for the code provisions that are in (1) by striking the subparagraph designation for the purposes described in paragraph (2); and and all that follows through ‘‘The term’’ and ‘‘(B) coordinate with appropriate Federal effect throughout the State or Indian tribal ter- inserting the following: agencies to develop a collaborative education ritory meet or exceed— ‘‘(i) the energy savings of the most recently ‘‘(A) EXTERNAL POWER SUPPLY.— and outreach effort to streamline communica- published model building energy code; or ‘‘(i) IN GENERAL.—The term’’; and tions and promote available Federal programs ‘‘(ii) the targets established under section (2) by adding at the end the following: and financing mechanisms described in sub- 307(b)(2). ‘‘(ii) EXCLUSION.—The term ‘external power paragraph (A), which may include the develop- supply’ does not include a power supply circuit, ‘‘(C) NO MODEL BUILDING ENERGY CODE UP- ment and maintenance of a single online re- DATE.—If a model building energy code is not driver, or device that is designed exclusively to source that includes contact information for rel- be connected to, and power— updated by a target date established under sec- evant technical assistance in the Office of En- tion 307(b)(2)(D), each State or Indian tribe ‘‘(I) light-emitting diodes providing illumina- ergy Efficiency and Renewable Energy that tion; or shall, not later than 3 years after the specified States, local education agencies, and schools date, certify whether or not the State or Indian ‘‘(II) organic light-emitting diodes providing may use to effectively access and use such Fed- illumination.’’. tribe, respectively, has reviewed and updated eral programs and financing mechanisms.’’. the energy provisions of the building code of the SEC. 3129. STANDARDS FOR POWER SUPPLY CIR- CHAPTER 4—BUILDING ENERGY CODES CUITS CONNECTED TO LEDS OR State or Indian tribe, respectively, to meet or ex- OLEDS. SEC. 3141. GREATER ENERGY EFFICIENCY IN ceed the target in section 307(b)(2). BUILDING CODES. ‘‘(2) VALIDATION BY SECRETARY.—Not later (a) IN GENERAL.—Section 325(u) of the Energy (a) DEFINITIONS.—Section 303 of the Energy Policy and Conservation Act (42 U.S.C. 6295(u)) than 90 days after a State or Indian tribe certifi- Conservation and Production Act (42 U.S.C. is amended by adding at the end the following: cation under paragraph (1), the Secretary 6832), as amended by section 3116, is further shall— ‘‘(6) POWER SUPPLY CIRCUITS CONNECTED TO amended— ‘‘(A) determine whether the code provisions of LEDS OR OLEDS.—Notwithstanding the exclusion (1) by striking paragraph (14) and inserting the State or Indian tribe, respectively, meet the described in section 321(36)(A)(ii), the Secretary the following: criteria specified in paragraph (1); may prescribe, in accordance with subsections ‘‘(14) MODEL BUILDING ENERGY CODE.—The ‘‘(B) determine whether the certification sub- (o) and (p) and section 322(b), an energy con- term ‘model building energy code’ means a vol- mitted by the State or Indian tribe, respectively, servation standard for a power supply circuit, untary building energy code or standard devel- is complete; and driver, or device that is designed primarily to be oped and updated through a consensus process ‘‘(C) if the requirements of subparagraph (B) connected to, and power, light-emitting diodes among interested persons, such as the IECC or are satisfied, validate the certification. or organic light-emitting diodes providing illu- ASHRAE Standard 90.1 or a code used by other ‘‘(3) LIMITATION.—Nothing in this section mination.’’. appropriate organizations regarding which the shall be interpreted to require a State or Indian (b) ENERGY CONSERVATION STANDARDS.—Sec- Secretary has issued a determination that build- tribe to adopt any building code or provision tion 346 of the Energy Policy and Conservation ings subject to it would achieve greater energy within a code. Act (42 U.S.C. 6317) is amended by adding at the efficiency than under a previously developed ‘‘(c) IMPROVEMENTS IN COMPLIANCE WITH end the following: code.’’; and BUILDING ENERGY CODES.— ‘‘(g) ENERGY CONSERVATION STANDARD FOR (2) by adding at the end the following: ‘‘(1) REQUIREMENT.— POWER SUPPLY CIRCUITS CONNECTED TO LEDS ‘‘(18) ASHRAE STANDARD 90.1.—The term ‘‘(A) IN GENERAL.—Not later than 3 years OR OLEDS.—Not earlier than 1 year after appli- ‘ASHRAE Standard 90.1’ means the American after the date of a certification under subsection cable testing requirements are prescribed under Society of Heating, Refrigerating and Air-Con- (b), each State and Indian tribe shall certify section 343, the Secretary may prescribe an en- ditioning Engineers ANSI/ASHRAE/IES Stand- whether or not the State or Indian tribe, respec- ergy conservation standard for a power supply ard 90/1 Energy Standard for Buildings Except tively, has— circuit, driver, or device that is designed pri- Low-Rise Residential Buildings. ‘‘(i) achieved full compliance under para- marily to be connected to, and power, light- ‘‘(19) COST-EFFECTIVE.—The term ‘cost-effec- graph (3) with the applicable certified State or emitting diodes or organic light-emitting diodes tive’ means having a simple payback of 10 years Indian tribe building energy code or with the providing illumination.’’. or less. associated model building energy code; or

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3139 ‘‘(ii) made significant progress under para- ‘‘(i) the status of model building energy codes; (e), for the development of voluntary programs graph (4) toward achieving compliance with the ‘‘(ii) the status of code adoption and compli- that exceed the model building energy codes for applicable certified State or Indian tribe build- ance in the States and Indian tribes; residential and commercial buildings for use ing energy code or with the associated model ‘‘(iii) implementation of this section; and as— building energy code. ‘‘(iv) improvements in energy savings over ‘‘(A) voluntary incentive programs adopted by ‘‘(B) REPEAT CERTIFICATIONS.—If the State or time as a result of the targets established under local, tribal, or State governments; and Indian tribe certifies progress toward achieving section 307(b)(2). ‘‘(B) nonbinding guidelines for energy-effi- compliance, the State or Indian tribe shall re- ‘‘(B) IMPACTS.—The report shall include esti- cient building design. peat the certification until the State or Indian mates of impacts of past action under this sec- ‘‘(2) TARGETS.—The voluntary programs de- tribe certifies that the State or Indian tribe has tion, and potential impacts of further action, scribed in paragraph (1) shall be designed— achieved full compliance. on— ‘‘(A) to achieve substantial energy savings ‘‘(2) MEASUREMENT OF COMPLIANCE.—A cer- ‘‘(i) upfront financial and construction costs, compared to the model building energy codes; tification under paragraph (1) shall include doc- cost benefits and returns (using a return on in- and umentation of the rate of compliance based on— vestment analysis), and lifetime energy use for ‘‘(B) to meet targets under section 307(b), if ‘‘(A) inspections of a random sample of the buildings; available, up to 3 to 6 years in advance of the buildings covered by the code in the preceding ‘‘(ii) resulting energy costs to individuals and target years. year; or businesses; and ‘‘(h) STUDIES.— ‘‘(B) an alternative method that yields an ac- ‘‘(iii) resulting overall annual building owner- ‘‘(1) GAO STUDY.— curate measure of compliance. ship and operating costs. ‘‘(A) IN GENERAL.—The Comptroller General of ‘‘(3) ACHIEVEMENT OF COMPLIANCE.—A State ‘‘(e) TECHNICAL ASSISTANCE TO STATES AND IN- the United States shall conduct a study of the or Indian tribe shall be considered to achieve DIAN TRIBES.— impacts of updating the national model building full compliance under paragraph (1) if— ‘‘(1) IN GENERAL.—The Secretary shall, upon energy codes for residential and commercial ‘‘(A) at least 90 percent of building space cov- request, provide technical assistance to States buildings. In conducting the study, the Comp- ered by the code in the preceding year substan- and Indian tribes to implement the goals and re- troller General shall consider and report, at a tially meets all the requirements of the applica- quirements of this section— minimum— ble code specified in paragraph (1), or achieves ‘‘(A) to implement State residential and com- ‘‘(i) the actual energy consumption savings equivalent or greater energy savings level; or mercial building energy codes; and stemming from updated energy codes compared ‘‘(B) the estimated excess energy use of build- ‘‘(B) to document the rate of compliance with to the energy consumption savings predicted ings that did not meet the applicable code speci- a building energy code. during code development; ‘‘(2) TECHNICAL ASSISTANCE.—The assistance fied in paragraph (1) in the preceding year, ‘‘(ii) the actual consumer cost savings stem- shall include, as requested by the State or In- compared to a baseline of comparable buildings ming from updated energy codes compared to dian tribe, technical assistance in— that meet this code, is not more than 5 percent predicted consumer cost savings; and ‘‘(A) evaluating the energy savings of building of the estimated energy use of all buildings cov- ‘‘(iii) an accounting of expenditures of the energy codes; Federal funds under each program authorized ered by this code during the preceding year. ‘‘(B) assessing the economic considerations, by this title. ‘‘(4) SIGNIFICANT PROGRESS TOWARD ACHIEVE- referenced in section 307(b)(4), of implementing MENT OF COMPLIANCE.—A State or Indian tribe ‘‘(B) REPORT TO CONGRESS.—Not later than 3 building energy codes; years after the date of enactment of the North shall be considered to have made significant ‘‘(C) building energy analysis and design American Energy Security and Infrastructure progress toward achieving compliance for pur- tools; Act of 2016, the Comptroller General of the poses of paragraph (1) if the State or Indian ‘‘(D) energy simulation models; tribe— ‘‘(E) building demonstrations; United States shall submit a report to the Com- ‘‘(A) has developed and is implementing a ‘‘(F) developing the definitions of energy use mittee on Energy and Natural Resources of the plan for achieving compliance during the 8-year intensity and building types for use in model Senate and the Committee on Energy and Com- period beginning on the date of enactment of building energy codes to evaluate the efficiency merce of the House of Representatives including this paragraph, including annual targets for impacts of the model building energy codes; and the study findings and conclusions. compliance and active training and enforcement ‘‘(G) complying with a performance-based ‘‘(2) FEASIBILITY STUDY.—The Secretary, in programs; and pathway referenced in the model code. consultation with building science experts from ‘‘(B) has met the most recent target under ‘‘(3) EXCLUSION.—For purposes of this section, the National Laboratories and institutions of subparagraph (A). ‘technical assistance’ shall not include actions higher education, designers and builders of en- ‘‘(5) VALIDATION BY SECRETARY.—Not later that promote or discourage the adoption of a ergy-efficient residential and commercial build- than 90 days after a State or Indian tribe certifi- particular building energy code, code provision, ings, code officials, and other stakeholders, cation under paragraph (1), the Secretary or energy savings target to a State or Indian shall undertake a study of the feasibility, im- shall— tribe. pact, economics, and merit of— ‘‘(A) determine whether the State or Indian ‘‘(4) INFORMATION QUALITY AND TRANS- ‘‘(A) code improvements that would require tribe has demonstrated meeting the criteria of PARENCY.—For purposes of this section, infor- that buildings be designed, sited, and con- this subsection, including accurate measurement mation provided by the Secretary, attendant to structed in a manner that makes the buildings of compliance; any technical assistance provided to a State or more adaptable in the future to become zero-net- ‘‘(B) determine whether the certification sub- Indian tribe, is ‘influential information’ and energy after initial construction, as advances mitted by the State or Indian tribe is complete; shall satisfy the guidelines established by the are achieved in energy-saving technologies; and Office of Management and Budget and pub- ‘‘(B) code procedures to incorporate a ten- ‘‘(C) if the requirements of subparagraph (B) lished at 67 Federal Register 8,452 (February 22, year payback, not just first-year energy use, in are satisfied, validate the certification. 2002). trade-offs and performance calculations; and ‘‘(6) LIMITATION.—Nothing in this section ‘‘(f) FEDERAL SUPPORT.— ‘‘(C) legislative options for increasing energy shall be interpreted to require a State or Indian ‘‘(1) IN GENERAL.—The Secretary shall provide savings from building energy codes, including tribe to adopt any building code or provision support to States and Indian tribes— additional incentives for effective State and within a code. ‘‘(A) to implement the reporting requirements local verification of compliance with and en- ‘‘(d) STATES OR INDIAN TRIBES THAT DO NOT of this section; and forcement of a code. ACHIEVE COMPLIANCE.— ‘‘(B) to implement residential and commercial ‘‘(3) ENERGY DATA IN MULTITENANT BUILD- ‘‘(1) REPORTING.—A State or Indian tribe that building energy codes, including increasing and INGS.—The Secretary, in consultation with ap- has not made a certification required under sub- verifying compliance with the codes and train- propriate representatives of the utility, utility section (b) or (c) by the applicable deadline ing of State, tribal, and local building code offi- regulatory, building ownership, and other shall submit to the Secretary a report on the sta- cials to implement and enforce the codes. stakeholders, shall— tus of the State or Indian tribe with respect to ‘‘(2) EXCLUSION.—Support shall not be given ‘‘(A) undertake a study of best practices re- meeting the requirements and submitting the to support adoption and implementation of garding delivery of aggregated energy consump- certification. model building energy codes for which the Sec- tion information to owners and managers of res- ‘‘(2) STATE SOVEREIGNTY.—Nothing in this secretary has made a determination under section idential and commercial buildings with multiple tion shall be interpreted to require a State or In- 307(g)(1)(C) that the code is not cost-effective. tenants and uses; and dian tribe to adopt any building code or provi- ‘‘(3) TRAINING.—Support shall be offered to ‘‘(B) consider the development of a memo- sion within a code. States to train State and local building code of- randum of understanding between and among ‘‘(3) LOCAL GOVERNMENT.—In any State or In- ficials to implement and enforce codes described affected stakeholders to reduce barriers to the dian tribe for which the Secretary has not vali- in paragraph (1)(B). delivery of aggregated energy consumption in- dated a certification under subsection (b) or (c), ‘‘(4) LOCAL GOVERNMENTS.—States may work formation to such owners and managers. a local government may be eligible for Federal under this subsection with local governments ‘‘(i) EFFECT ON OTHER LAWS.—Nothing in this support by meeting the certification require- that implement and enforce codes described in section or section 307 supersedes or modifies the ments of subsections (b) and (c). paragraph (1)(B). application of sections 321 through 346 of the ‘‘(4) ANNUAL REPORTS BY SECRETARY.— ‘‘(g) VOLUNTARY PROGRAMS TO EXCEED Energy Policy and Conservation Act (42 U.S.C. ‘‘(A) IN GENERAL.—The Secretary shall annu- MODEL BUILDING ENERGY CODE.— 6291 et seq.). ally submit to Congress, and publish in the Fed- ‘‘(1) IN GENERAL.—The Secretary shall provide ‘‘(j) FUNDING LIMITATIONS.—No Federal funds eral Register, a report on— technical assistance, as described in subsection shall be—

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3140 CONGRESSIONAL RECORD — HOUSE May 25, 2016 ‘‘(1) used to support actions by the Secretary, ‘‘(B) advancement of distributed generation energy codes to meet the targets established or States, to promote or discourage the adoption and on-site renewable power generation tech- under subsection (b)(2). of a particular building energy code, code provi- nologies; ‘‘(2) PROCESS AND FACTORS.—All amendment sion, or energy saving target to a State or In- ‘‘(C) equipment improvements for heating, proposals submitted by the Secretary shall be dian tribe; or cooling, and ventilation systems and water published in the Federal Register and made ‘‘(2) provided to private third parties or non- heating systems; available on the Department of Energy website governmental organizations to engage in such ‘‘(D) building management systems and smart 90 days prior to any submittal to a code develop- activities.’’. grid technologies to reduce energy use; and ment body, and shall be subject to a public com- (c) FEDERAL BUILDING ENERGY EFFICIENCY ‘‘(E) other technologies, practices, and build- ment period of not less than 60 days. Informa- STANDARDS.—Section 305 of the Energy Con- ing systems regarding building plug load and tion provided by the Secretary, attendant to servation and Production Act (42 U.S.C. 6834) is other energy uses. submission of any amendment proposals, is in- amended by striking ‘‘voluntary building energy fluential information and shall satisfy the In developing and adjusting the targets, the code’’ in subsections (a)(2)(B) and (b) and in- guidelines established by the Office of Manage- Secretary shall use climate zone weighted aver- serting ‘‘model building energy code’’. ment and Budget and published at 67 Federal ages for equipment efficiency for heating, cool- (d) MODEL BUILDING ENERGY CODES.— Register 8,452 (February 22, 2002). When calcu- ing, ventilation, and water heating systems, (1) AMENDMENT.—Section 307 of the Energy lating the costs and benefits of an amendment, using equipment that is actually installed. Conservation and Production Act (42 U.S.C. the Secretary shall use climate zone weighted ‘‘(4) ECONOMIC CONSIDERATIONS.—In estab- 6836) is amended to read as follows: averages for equipment efficiency for heating, lishing and revising energy savings targets ‘‘SEC. 307. SUPPORT FOR MODEL BUILDING EN- cooling, ventilation, and water heating systems, ERGY CODES. under paragraph (2), the Secretary shall con- using equipment that is actually installed. ‘‘(a) IN GENERAL.—The Secretary shall pro- sider the economic feasibility of achieving the ‘‘(e) ANALYSIS METHODOLOGY.—The Secretary vide technical assistance, as described in sub- proposed targets established under this section shall make publicly available the entire calcula- section (c), for updating of model building en- and the potential costs and savings for con- tion methodology (including input assumptions ergy codes. sumers and building owners, by conducting a and data) used by the Secretary to estimate the ‘‘(b) TARGETS.— return on investment analysis, using a simple energy savings of code or standard proposals ‘‘(1) IN GENERAL.—The Secretary shall provide payback methodology over a 3-, 5-, and 7-year and revisions. technical assistance, for updating the model period. The Secretary shall not propose or pro- ‘‘(f) METHODOLOGY DEVELOPMENT.—The Sec- building energy codes. vide technical or financial assistance for any retary shall establish a methodology for evalu- ‘‘(2) TARGETS.— code, provision in the code, or energy target, or ating cost effectiveness of energy code changes ‘‘(A) IN GENERAL.—The Secretary shall pro- amendment thereto, that has a payback greater in multifamily buildings that incorporates eco- vide technical assistance to States, Indian than 10 years. nomic parameters representative of typical mul- tribes, local governments, nationally recognized ‘‘(c) TECHNICAL ASSISTANCE TO MODEL BUILD- tifamily buildings. code and standards developers, and other inter- ING ENERGY CODE-SETTING AND STANDARD DE- ‘‘(g) DETERMINATION.— ested parties for updating of model building en- VELOPMENT ORGANIZATIONS.— ‘‘(1) REVISION OF MODEL BUILDING ENERGY ergy codes by establishing one or more aggregate ‘‘(1) IN GENERAL.—The Secretary shall, on a CODES.—If the provisions of the IECC or energy savings targets through rulemaking in timely basis, provide technical assistance to ASHRAE Standard 90.1 regarding building en- accordance with section 553 of title 5, United model building energy code-setting and stand- ergy use are revised, the Secretary shall make a States Code, to achieve the purposes of this sec- ard development organizations consistent with preliminary determination not later than 90 tion. the goals of this section. days after the date of the revision, and a final ‘‘(B) SEPARATE TARGETS.—Separate targets determination not later than 15 months after the may be established for commercial and residen- ‘‘(2) TECHNICAL ASSISTANCE.—The assistance date of the revision, on whether or not the revi- tial buildings. shall include, as requested by the organizations, sion— ‘‘(C) BASELINES.—The baseline for updating technical assistance in— ‘‘(A) improves energy efficiency in buildings model building energy codes shall be the 2009 ‘‘(A) evaluating the energy savings of building compared to the existing IECC or ASHRAE IECC for residential buildings and ASHRAE energy codes; Standard 90.1, as applicable; Standard 90.1–2010 for commercial buildings. ‘‘(B) assessing the economic considerations, ‘‘(B) meets the applicable targets under sub- ‘‘(D) SPECIFIC YEARS.— under subsection (b)(4), of code or standards ‘‘(i) IN GENERAL.—Targets for specific years proposals or revisions; section (b)(2); and ‘‘(C) is technically feasible and cost-effective. shall be established and revised by the Secretary ‘‘(C) building energy analysis and design ‘‘(2) CODES OR STANDARDS NOT MEETING CRI- through rulemaking in accordance with section tools; TERIA.— ‘‘(D) energy simulation models; 553 of title 5, United States Code, and coordi- ‘‘(A) IN GENERAL.—If the Secretary makes a nated with nationally recognized code and ‘‘(E) building demonstrations; preliminary determination under paragraph standards developers at a level that— ‘‘(F) developing definitions of energy use in- (1)(B) that a revised IECC or ASHRAE Stand- ‘‘(I) is at the maximum level of energy effi- tensity and building types for use in model ard 90.1 does not meet the targets established ciency that is technically feasible and cost effec- building energy codes to evaluate the efficiency under subsection (b)(2), is not technically fea- tive, while accounting for the economic consid- impacts of the model building energy codes; sible, or is not cost-effective, the Secretary may erations under paragraph (4); and ‘‘(G) developing a performance-based pathway at the same time provide technical assistance, as ‘‘(II) promotes the achievement of commercial for compliance; and residential high performance buildings described in subsection (c), to the International ‘‘(H) developing model building energy codes Code Council or ASHRAE, as applicable, with through high performance energy efficiency by Indian tribes in accordance with tribal law; (within the meaning of section 401 of the Energy proposed changes that would result in a model and building energy code or standard that meets the Independence and Security Act of 2007 (42 ‘‘(I) code development meetings, including U.S.C. 17061)). criteria, and with supporting evidence. Proposed through direct Federal employee participation changes submitted by the Secretary shall be ‘‘(ii) INITIAL TARGETS.—Not later than 1 year in committee meetings, hearings and online com- after the date of enactment of this clause, the published in the Federal Register and made munication, voting, and presenting research available on the Department of Energy website Secretary shall establish initial targets under and technical or economic analyses during such this subparagraph. 90 days prior to any submittal to a code develop- meetings. ‘‘(iii) DIFFERENT TARGET YEARS.—Subject to ment body, and shall be subject to a public com- ‘‘(3) EXCLUSION.—Except as provided in para- clause (i), prior to the applicable year, the Sec- ment period of not less than 60 days. Informa- graph (2)(I), for purposes of this section, ‘tech- retary may set a later target year for any of the tion provided by the Secretary, attendant to model building energy codes described in sub- nical assistance’ shall not include actions that submission of any amendment proposals, is in- paragraph (A) if the Secretary determines that a promote or discourage the adoption of a par- fluential information and shall satisfy the target cannot be met. ticular building energy code, code provision, or guidelines established by the Office of Manage- ‘‘(E) SMALL BUSINESS.—When establishing tar- energy savings target. ment and Budget and published at 67 Federal gets under this paragraph through rulemaking, ‘‘(4) INFORMATION QUALITY AND TRANS- Register 8,452 (February 22, 2002). the Secretary shall ensure compliance with the PARENCY.—For purposes of this section, infor- ‘‘(B) INCORPORATION OF CHANGES.— Small Business Regulatory Enforcement Fair- mation provided by the Secretary, attendant to ‘‘(i) IN GENERAL.—On receipt of the technical ness Act of 1996 (5 U.S.C. 601 note; Public Law development of any energy savings targets, is assistance, as described in subsection (c), the 104–121) for any indirect economic effect on influential information and shall satisfy the International Code Council or ASHRAE, as ap- small entities that is reasonably foreseeable and guidelines established by the Office of Manage- plicable, shall, prior to the Secretary making a a result of such rule. ment and Budget and published at 67 Federal final determination under paragraph (1), have ‘‘(3) APPLIANCE STANDARDS AND OTHER FAC- Register 8,452 (February 22, 2002). an additional 270 days to accept or reject the TORS AFFECTING BUILDING ENERGY USE.—In es- ‘‘(d) AMENDMENT PROPOSALS.— proposed changes made by the Secretary to the tablishing energy savings targets under para- ‘‘(1) IN GENERAL.—The Secretary may submit model building energy code or standard. graph (2), the Secretary shall develop and ad- timely model building energy code amendment ‘‘(ii) FINAL DETERMINATION.—A final deter- just the targets in recognition of potential sav- proposals that are technically feasible, cost-ef- mination under paragraph (1) shall be on the ings and costs relating to— fective, and technology-neutral to the model final revised model building energy code or ‘‘(A) efficiency gains made in appliances, building energy code-setting and standard de- standard. lighting, windows, insulation, and building en- velopment organizations, with supporting evi- ‘‘(h) ADMINISTRATION.—In carrying out this velope sealing; dence, sufficient to enable the model building section, the Secretary shall—

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3141 ‘‘(1) publish notice of targets, amendment pro- turers of covered products, States, and effi- ‘‘(iv) standards previously promulgated under posals and supporting analysis and determina- ciency advocates), as determined by the Sec- section 325, 342, or 346 shall not apply to such tions under this section in the Federal Register retary, which contains a recommended modified type or class of covered equipment. to provide an explanation of and the basis for definition for a covered product. ‘‘(B) For any type or class of equipment such actions, including any supporting mod- ‘‘(4) EFFECT OF A MODIFIED DEFINITION.— which ceases to be covered equipment pursuant eling, data, assumptions, protocols, and cost- ‘‘(A) IN GENERAL.—For any type or class of to this subsection the provisions of this part benefit analysis, including return on invest- consumer product which becomes a covered shall no longer apply to the type or class of ment; product pursuant to this subsection— equipment.’’. ‘‘(2) provide an opportunity for public com- ‘‘(i) the Secretary may establish test proce- (b) CONFORMING AMENDMENTS PROVIDING FOR ment on targets and supporting analysis and de- dures for such type or class of covered product JUDICIAL REVIEW.— terminations under this section, in accordance pursuant to section 323 and energy conservation (1) Section 336 of the Energy Policy and Con- with section 553 of title 5, United States Code; standards pursuant to section 325(l); servation Act (42 U.S.C. 6306) is amended by and ‘‘(ii) the Commission may prescribe labeling striking ‘‘section 323,’’ each place it appears and ‘‘(3) provide an opportunity for public com- rules pursuant to section 324 if the Commission inserting ‘‘section 322, 323,’’; and ment on amendment proposals. determines that labeling in accordance with (2) Section 345(a)(1) of the Energy Policy and ‘‘(i) VOLUNTARY CODES AND STANDARDS.—Not that section is technologically and economically Conservation Act (42 U.S.C. 6316(a)(1)) is withstanding any other provision of this sec- feasible and likely to assist consumers in making amended to read as follows: tion, any model building code or standard estab- purchasing decisions; ‘‘(1) the references to sections 322, 323, 324, lished under this section shall not be binding on ‘‘(iii) section 327 shall begin to apply to such and 325 of this Act shall be considered as ref- a State, local government, or Indian tribe as a type or class of covered product in accordance erences to sections 341, 343, 344, and 342 of this matter of Federal law.’’. with section 325(ii)(1); and Act, respectively;’’. (2) CONFORMING AMENDMENT.—The item relat- ‘‘(iv) standards previously promulgated under SEC. 3152. CLARIFYING RULEMAKING PROCE- ing to section 307 in the table of contents for the section 325 shall not apply to such type or class DURES. Energy Conservation and Production Act is of product. (a) COVERED PRODUCTS.—Section 325(p) of the amended to read as follows: ‘‘(B) APPLICABILITY.—For any type or class of Energy Policy and Conservation Act (42 U.S.C. ‘‘Sec. 307. Support for model building energy consumer product which ceases to be a covered 6295(p)) is amended— codes.’’. product pursuant to this subsection, the provi- (1) by redesignating paragraphs (1), (2), (3), sions of this part shall no longer apply to the SEC. 3142. VOLUNTARY NATURE OF BUILDING and (4) as paragraphs (2), (3), (5), and (6), re- ASSET RATING PROGRAM. type or class of consumer product.’’. spectively; (2) COVERED EQUIPMENT.—Section 341 of the (a) IN GENERAL.—Any program of the Sec- (2) by inserting before paragraph (2) (as so re- retary of Energy that may enable the owner of Energy Policy and Conservation Act (42 U.S.C. designated by paragraph (1) of this subsection) a commercial building or a residential building 6312) is amended by adding at the end the fol- the following: to obtain a rating, score, or label regarding the lowing: ‘‘(1) The Secretary shall provide an oppor- ‘‘(d) MODIFYING DEFINITIONS OF COVERED actual or anticipated energy usage or perform- tunity for public input prior to the issuance of EQUIPMENT.— ance of a building shall be made available on a a proposed rule, seeking information— ‘‘(1) IN GENERAL.—For any covered equipment voluntary, optional, and market-driven basis. ‘‘(A) identifying and commenting on design for which a definition is provided in section 340, (b) DISCLAIMER AS TO REGULATORY INTENT.— options; the Secretary may, by rule, unless prohibited Information disseminated by the Secretary of ‘‘(B) on the existence of and opportunities for herein, modify such definition in order to— Energy regarding the program described in sub- voluntary nonregulatory actions; and ‘‘(A) address significant changes in the prod- section (a), including any information made ‘‘(C) identifying significant subgroups of con- uct or the market occurring since the definition available by the Secretary on a website, shall sumers and manufacturers that merit anal- was established; and include language plainly stating that such pro- ysis.’’; ‘‘(B) better enable improvements in the energy (3) in paragraph (3) (as so redesignated by gram is not developed or intended to be the basis efficiency of the equipment as part of an energy paragraph (1) of this subsection)— for a regulatory program by a Federal, State, using system. (A) in subparagraph (C), by striking ‘‘and’’ local, or municipal government body. ‘‘(2) ANTIBACKSLIDING EXEMPTION.—Section after ‘‘adequate;’’; CHAPTER 5—EPCA TECHNICAL 325(o)(1) shall not apply to adjustments to cov- (B) in subparagraph (D), by striking ‘‘stand- CORRECTIONS AND CLARIFICATIONS ered equipment definitions made pursuant to ard.’’ and inserting ‘‘standard;’’; and SEC. 3151. MODIFYING PRODUCT DEFINITIONS. this subsection. (C) by adding at the end the following new (a) AUTHORITY TO MODIFY DEFINITIONS.— ‘‘(3) PROCEDURE FOR MODIFYING DEFINITION.— subparagraphs: (1) COVERED PRODUCTS.—Section 322 of the ‘‘(A) IN GENERAL.—Notice of any adjustment ‘‘(E) whether the technical and economic ana- Energy Policy and Conservation Act (42 U.S.C. to the definition of a type of covered equipment lytical assumptions, methods, and models used 6292) is amended by adding at the end the fol- and an explanation of the reasons therefor shall to justify the standard to be prescribed are— lowing: be published in the Federal Register and oppor- ‘‘(i) justified; and ‘‘(c) MODIFYING DEFINITIONS OF COVERED tunity provided for public comment. ‘‘(ii) available and accessible for public re- PRODUCTS.— ‘‘(B) CONSENSUS REQUIRED.—Any amendment view, analysis, and use; and ‘‘(1) IN GENERAL.—For any covered product to the definition of a type of covered equipment ‘‘(F) the cumulative regulatory impacts on the for which a definition is provided in section 321, under this subsection must have consensus sup- manufacturers of the product, taking into ac- the Secretary may, by rule, unless prohibited port, as reflected in— count— herein, modify such definition in order to— ‘‘(i) the outcome of negotiations conducted in ‘‘(i) other government standards affecting en- ‘‘(A) address significant changes in the prod- accordance with the subchapter III of chapter 5 ergy use; and uct or the market occurring since the definition of title 5, United States Code (commonly known ‘‘(ii) other energy conservation standards af- was established; and as the ‘Negotiated Rulemaking Act of 1990’); or fecting the same manufacturers.’’; and ‘‘(B) better enable improvements in the energy ‘‘(ii) the Secretary’s receipt of a statement (4) by inserting after paragraph (3) (as so re- efficiency of the product as part of an energy that is submitted jointly by interested persons designated by paragraph (1) of this subsection) using system. that are fairly representative of relevant points the following: ‘‘(2) ANTIBACKSLIDING EXEMPTION.—Section of view (including representatives of manufac- ‘‘(4) RESTRICTION ON TEST PROCEDURE AMEND- 325(o)(1) shall not apply to adjustments to cov- turers of covered equipment, States, and effi- MENTS.— ered product definitions made pursuant to this ciency advocates), as determined by the Sec- ‘‘(A) IN GENERAL.—Any proposed energy con- subsection. retary, which contains a recommended modified servation standards rule shall be based on the ‘‘(3) PROCEDURE FOR MODIFYING DEFINITION.— definition for a type of covered equipment. final test procedure which shall be used to de- ‘‘(A) IN GENERAL.—Notice of any adjustment ‘‘(4) EFFECT OF A MODIFIED DEFINITION.— termine compliance, and the public comment pe- to the definition of a covered product and an ex- ‘‘(A) For any type or class of equipment riod on the proposed standards shall conclude planation of the reasons therefor shall be pub- which becomes covered equipment pursuant to no sooner than 180 days after the date of publi- lished in the Federal Register and opportunity this subsection— cation of a final rule revising the test procedure. provided for public comment. ‘‘(i) the Secretary may establish test proce- ‘‘(B) EXCEPTION.—The Secretary may propose ‘‘(B) CONSENSUS REQUIRED.—Any amendment dures for such type or class of covered equip- or prescribe an amendment to the test proce- to the definition of a covered product under this ment pursuant to section 343 and energy con- dures issued pursuant to section 323 for any subsection must have consensus support, as reservation standards pursuant to section 325(l); type or class of covered product after the flected in— ‘‘(ii) the Secretary may prescribe labeling issuance of a notice of proposed rulemaking to ‘‘(i) the outcome of negotiations conducted in rules pursuant to section 344 if the Secretary de- prescribe an amended or new energy conserva- accordance with the subchapter III of chapter 5 termines that labeling in accordance with that tion standard for that type or class of covered of title 5, United States Code (commonly known section is technologically and economically fea- product, but before the issuance of a final rule as the ‘Negotiated Rulemaking Act of 1990’); or sible and likely to assist purchasers in making prescribing any such standard, if— ‘‘(ii) the Secretary’s receipt of a statement purchasing decisions; ‘‘(i) the amendments to the test procedure that is submitted jointly by interested persons ‘‘(iii) section 327 shall begin to apply to such have consensus support achieved through a that are fairly representative of relevant points type or class of covered equipment in accord- rulemaking conducted in accordance with the of view (including representatives of manufac- ance with section 325(ii)(1); and subchapter III of chapter 5 of title 5, United

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3142 CONGRESSIONAL RECORD — HOUSE May 25, 2016 States Code (commonly known as the ‘Nego- (vi) whether the technology has been success- ‘‘(A) establish— tiated Rulemaking Act of 1990’); or fully deployed elsewhere; ‘‘(i) a WaterSense label to be used for items ‘‘(ii) the Secretary receives a statement that is (vii) whether the technology is sourced from a meeting the certification criteria established in submitted jointly by interested persons that are manufacturer based in the United States; and this section; and fairly representative of relevant points of view (viii) whether the project will be completed in ‘‘(ii) the procedure, including the methods and (including representatives of manufacturers of 5 years or less. means, by which an item may be certified to dis- the type or class of covered product, States, and (C) APPLICATIONS.— play the WaterSense label; efficiency advocates), as determined by the Sec- (i) IN GENERAL.—Subject to clause (ii), an eli- ‘‘(B) conduct a public awareness education retary, which contains a recommendation that a gible entity seeking a grant under the pilot pro- campaign regarding the WaterSense label; supplemental notice of proposed rulemaking is gram shall submit to the Secretary an applica- ‘‘(C) preserve the integrity of the WaterSense not necessary for the type or class of covered tion at such time, in such manner, and con- label by— product.’’. taining such information as the Secretary deter- ‘‘(i) establishing and maintaining feasible per- (b) CONFORMING AMENDMENT.—Section mines to be necessary. formance criteria so that products, buildings, 345(b)(1) of the Energy Policy and Conservation (ii) CONTENTS.—An application under clause landscapes, facilities, processes, and services la- Act (42 U.S.C. 6316(b)(1)) is amended by striking (i) shall, at a minimum, include— beled with the WaterSense label perform as well ‘‘section 325(p)(4),’’ and inserting ‘‘section (I) a description of the project; or better than less water-efficient counterparts; 325(p)(3), (4), and (6),’’. (II) a description of the technology to be used ‘‘(ii) overseeing WaterSense certifications made by third parties; CHAPTER 6—ENERGY AND WATER in the project; ‘‘(iii) using testing protocols, from the appro- EFFICIENCY (III) the anticipated results, including energy and water savings, of the project; priate, applicable, and relevant consensus SEC. 3161. SMART ENERGY AND WATER EFFI- (IV) a comprehensive budget for the project; standards, for the purpose of determining stand- CIENCY PILOT PROGRAM. (V) the names of the project lead organization ards compliance; and (a) DEFINITIONS.—In this section: and any partners; ‘‘(iv) auditing the use of the WaterSense label (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- (VI) the number of users to be served by the in the marketplace and preventing cases of mis- ty’’ means— project; and use; and (A) a utility; (VII) any other information that the Secretary ‘‘(D) not more often than every six years, re- (B) a municipality; determines to be necessary to complete the review and, if appropriate, update WaterSense (C) a water district; and view and selection of a grant recipient. criteria for the defined categories of water-effi- (D) any other authority that provides water, (4) ADMINISTRATION.— cient product, building, landscape, process, or wastewater, or water reuse services. (A) IN GENERAL.—Not later than 300 days service, including— (2) SECRETARY.—The term ‘‘Secretary’’ means after the date of enactment of this Act, the Sec- ‘‘(i) providing reasonable notice to interested the Secretary of Energy. retary shall select grant recipients under this parties and the public of any such changes, in- (3) SMART ENERGY AND WATER EFFICIENCY section. cluding effective dates, and an explanation of PILOT PROGRAM.—The term ‘‘smart energy and (B) EVALUATIONS.—The Secretary shall annu- the changes; water efficiency pilot program’’ or ‘‘pilot pro- ally carry out an evaluation of each project for ‘‘(ii) soliciting comments from interested par- gram’’ means the pilot program established which a grant is provided under this section ties and the public prior to any such changes; under subsection (b). that— ‘‘(iii) as appropriate, responding to comments (b) SMART ENERGY AND WATER EFFICIENCY (i) evaluates the progress and impact of the submitted by interested parties and the public; PILOT PROGRAM.— project; and and (1) IN GENERAL.—The Secretary shall establish (ii) assesses the degree to which the project is ‘‘(iv) providing an appropriate transition time and carry out a smart energy and water effi- meeting the goals of the pilot program. prior to the applicable effective date of any such ciency management pilot program in accordance (C) TECHNICAL AND POLICY ASSISTANCE.—On changes, taking into account the timing nec- with this section. the request of a grant recipient, the Secretary essary for the manufacture, marketing, training, (2) PURPOSE.—The purpose of the smart en- shall provide technical and policy assistance to and distribution of the specific water-efficient ergy and water efficiency pilot program is to the grant recipient to carry out the project. product, building, landscape, process, or service award grants to eligible entities to demonstrate (D) BEST PRACTICES.—The Secretary shall category being addressed. advanced and innovative technology-based so- make available to the public— ‘‘(b) USE OF SCIENCE.—In carrying out this lutions that will— (i) a copy of each evaluation carried out section, and, to the degree that an agency ac- (A) increase and improve the energy efficiency under subparagraph (B); and tion is based on science, the Administrator shall of water, wastewater, and water reuse systems (ii) a description of any best practices identi- use— to help communities across the United States fied by the Secretary as a result of those evalua- ‘‘(1) the best available peer-reviewed science make significant progress in conserving water, tions. and supporting studies conducted in accordance saving energy, and reducing costs; (E) REPORT TO CONGRESS.—The Secretary with sound and objective scientific practices; (B) support the implementation of innovative shall submit to Congress a report containing the and processes and the installation of advanced auto- results of each evaluation carried out under ‘‘(2) data collected by accepted methods or mated systems that provide real-time data on subparagraph (B). best available methods (if the reliability of the energy and water; and (c) FUNDING.—To carry out this section, the method and the nature of the decision justify (C) improve energy and water conservation, Secretary is authorized to use not more than use of the data). water quality, and predictive maintenance of $15,000,000, to the extent provided in advance in ‘‘(c) DISTINCTION OF AUTHORITIES.—In setting energy and water systems, through the use of appropriation Acts. or maintaining standards for Energy Star pur- Internet-connected technologies, including sen- suant to section 324A, and WaterSense under SEC. 3162. WATERSENSE. sors, intelligent gateways, and security embed- this section, the Secretary and Administrator ded in hardware. (a) IN GENERAL.—The Energy Policy and Con- shall coordinate to prevent duplicative or con- (3) PROJECT SELECTION.— servation Act (42 U.S.C. 6201 et seq.) is amended flicting requirements among the respective pro- (A) IN GENERAL.—The Secretary shall make by adding after section 324A the following: grams. competitive, merit-reviewed grants under the ‘‘SEC. 324B. WATERSENSE. ‘‘(d) DEFINITIONS.—In this section: pilot program to not less than 3, but not more ‘‘(a) WATERSENSE.— ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- than 5, eligible entities. ‘‘(1) IN GENERAL.—There is established within trator’ means the Administrator of the Environ- (B) SELECTION CRITERIA.—In selecting an eli- the Environmental Protection Agency a vol- mental Protection Agency. gible entity to receive a grant under the pilot untary program, to be entitled ‘WaterSense’, to ‘‘(2) FEASIBLE.—The term ‘feasible’ means fea- program, the Secretary shall consider— identify water efficient products, buildings, sible with the use of the best technology, treat- (i) energy and cost savings anticipated to re- landscapes, facilities, processes, and services ment techniques, and other means that the Ad- sult from the project; that sensibly— ministrator finds, after examination for efficacy (ii) the innovative nature, commercial viabil- ‘‘(A) reduce water use; under field conditions and not solely under lab- ity, and reliability of the technology to be used; ‘‘(B) reduce the strain on public and commu- oratory conditions, are available (taking cost (iii) the degree to which the project integrates nity water systems and wastewater and into consideration). next-generation sensors, software, hardware, stormwater infrastructure; ‘‘(3) SECRETARY.—The term ‘Secretary’ means analytics, and management tools; ‘‘(C) conserve energy used to pump, heat, the Secretary of Energy. (iv) the anticipated cost effectiveness of the transport, and treat water; and ‘‘(4) WATER-EFFICIENT PRODUCT, BUILDING, pilot project in terms of energy efficiency sav- ‘‘(D) preserve water resources for future gen- LANDSCAPE, PROCESS, OR SERVICE.—The term ings, water savings or reuse, and infrastructure erations, through voluntary labeling of, or other ‘water-efficient product, building, landscape, costs averted; forms of communications about, products, build- process, or service’ means a product, building, (v) whether the technology can be deployed in ings, landscapes, facilities, processes, and serv- landscape, process, or service for a residence or a variety of geographic regions and the degree ices while still meeting strict performance cri- a commercial or institutional building, or its to which the technology can be implemented on teria. landscape, that is rated for water efficiency and a smaller or larger scale, including whether the ‘‘(2) DUTIES.—The Administrator, coordi- performance, the covered categories of which technology can be implemented by each type of nating as appropriate with the Secretary of En- are— eligible entity; ergy, shall— ‘‘(A) irrigation technologies and services;

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‘‘(B) point-of-use water treatment devices; how the current market rules, practices, and (b) CONFORMING AMENDMENT.—The table of ‘‘(C) plumbing products; structures of each regional transmission entity contents for the National Energy Conservation ‘‘(D) reuse and recycling technologies; produce rates that are just and reasonable by— Policy Act (Public Law 95–619; 92 Stat. 3206) is ‘‘(E) landscaping and gardening products, in- (1) facilitating fuel diversity, the availability amended by striking the item relating to section cluding moisture control or water enhancing of generation resources during emergency and 254. technologies; severe weather conditions, resource adequacy, SEC. 3235. REPEAL OF REPORT TO CONGRESS. ‘‘(F) xeriscaping and other landscape conver- and reliability, including the cost-effective re- (a) REPEAL.—Section 273 of the National En- sions that reduce water use; and tention and development of needed generation; ergy Conservation Policy Act (42 U.S.C. 8236b) is ‘‘(G) new water efficient homes certified under (2) promoting the equitable treatment of busi- repealed. the WaterSense program.’’. ness models, including different utility types, (b) CONFORMING AMENDMENT.—The table of (b) CONFORMING AMENDMENT.—The table of the integration of diverse generation resources, contents for the Energy Policy and Conserva- and advanced grid technologies; contents for the National Energy Conservation tion Act (Public Law 94–163; 42 U.S.C. 6201 et (3) identifying and addressing regulatory bar- Policy Act (Public Law 95–619; 92 Stat. 3206) is seq.) is amended by inserting after the item re- riers to entry, market-distorting incentives, and amended by striking the item relating to section lating to section 324A the following new item: artificial constraints on competition; 273. (4) providing transparency regarding dispatch ‘‘Sec. 324B. WaterSense.’’. SEC. 3236. REPEAL OF REPORT BY GENERAL decisions, including the need for out-of-market SERVICES ADMINISTRATION. Subtitle B—Accountability actions and payments, and the accuracy of day- (a) REPEAL.—Section 154 of the Energy Policy CHAPTER 1—MARKET MANIPULATION, ahead unit commitments; Act of 1992 (42 U.S.C. 8262a) is repealed. ENFORCEMENT, AND COMPLIANCE (5) facilitating the development of necessary (b) CONFORMING AMENDMENTS.— SEC. 3211. FERC OFFICE OF COMPLIANCE ASSIST- natural gas pipeline and electric transmission (1) The table of contents for the Energy Policy ANCE AND PUBLIC PARTICIPATION. infrastructure; Act of 1992 (Public Law 102–486; 106 Stat. 2776) Section 319 of the Federal Power Act (16 (6) ensuring fairness and transparency in gov- is amended by striking the item relating to sec- U.S.C. 825q–1) is amended to read as follows: ernance structures and stakeholder processes, tion 154. including meaningful participation by both vot- ‘‘SEC. 319. OFFICE OF COMPLIANCE ASSISTANCE (2) Section 159 of the Energy Policy Act of AND PUBLIC PARTICIPATION. ing and nonvoting stakeholder representatives; (7) ensuring the proper alignment of the en- 1992 (42 U.S.C. 8262e) is amended by striking ‘‘(a) ESTABLISHMENT.—There is established ergy and transmission markets by including subsection (c). within the Commission an Office of Compliance both energy and financial transmission rights in SEC. 3237. REPEAL OF INTERGOVERNMENTAL EN- Assistance and Public Participation (referred to the day-ahead markets; ERGY MANAGEMENT PLANNING AND in this section as the ‘Office’). The Office shall (8) facilitating the ability of load-serving enti- COORDINATION WORKSHOPS. be headed by a Director. ties to self-supply their service territory load; (a) REPEAL.—Section 156 of the Energy Policy ‘‘(b) DUTIES OF DIRECTOR.— (9) considering, as appropriate, State and Act of 1992 (42 U.S.C. 8262b) is repealed. ‘‘(1) IN GENERAL.—The Director of the Office local resource planning; and (b) CONFORMING AMENDMENT.—The table of shall promote improved compliance with Com- (10) mitigating, to the extent practicable, the contents for the Energy Policy Act of 1992 (Pub- mission rules and orders by— disruptive effects of tariff revisions on the eco- lic Law 102–486; 106 Stat. 2776) is amended by ‘‘(A) making recommendations to the Commis- nomic decisionmaking of market participants. striking the item relating to section 156. sion regarding— (b) DEFINITIONS.—In this section: SEC. 3238. REPEAL OF INSPECTOR GENERAL ‘‘(i) the protection of consumers; (1) LOAD-SERVING ENTITY.—The term ‘‘load- ‘‘(ii) market integrity and support for the de- AUDIT SURVEY AND PRESIDENT’S serving entity’’ has the meaning given that term COUNCIL ON INTEGRITY AND EFFI- velopment of responsible market behavior; in section 217 of the Federal Power Act (16 CIENCY REPORT TO CONGRESS. ‘‘(iii) the application of Commission rules and U.S.C. 824q). (a) REPEAL.—Section 160 of the Energy Policy orders in a manner that ensures that— (2) REGIONAL TRANSMISSION ENTITY.—The term Act of 1992 (42 U.S.C. 8262f) is amended by strik- ‘‘(I) rates and charges for, or in connection ‘‘regional transmission entity’’ means a Re- ing the section designation and heading and all with, the transmission or sale of electric energy gional Transmission Organization or an Inde- that follows through ‘‘(c) INSPECTOR GENERAL subject to the jurisdiction of the Commission pendent System Operator, as such terms are de- REVIEW.—Each Inspector General’’ and insert- shall be just and reasonable and not unduly dis- fined in section 3 of the Federal Power Act (16 ing the following: criminatory or preferential; and U.S.C. 796). ‘‘SEC. 160. INSPECTOR GENERAL REVIEW. ‘‘(II) markets for such transmission and sale SEC. 3222. CLARIFICATION OF FACILITY MERGER of electric energy are not impaired and con- AUTHORIZATION. ‘‘Each Inspector General’’. sumers are not damaged; and Section 203(a)(1)(B) of the Federal Power Act (b) CONFORMING AMENDMENT.—The table of ‘‘(iv) the impact of existing and proposed (16 U.S.C. 824b(a)(1)(B)) is amended by striking contents for the Energy Policy Act of 1992 (Pub- Commission rules and orders on small entities, ‘‘such facilities or any part thereof’’ and insert- lic Law 102–486; 106 Stat. 2776) is amended by as defined in section 601 of title 5, United States ing ‘‘such facilities, or any part thereof, of a striking the item relating to section 160 and in- Code (commonly known as the Regulatory Flexi- value in excess of $10,000,000’’. serting the following: bility Act); CHAPTER 3—CODE MAINTENANCE ‘‘Sec. 160. Inspector General review.’’. ‘‘(B) providing entities subject to regulation by the Commission the opportunity to obtain SEC. 3231. REPEAL OF OFF-HIGHWAY MOTOR VE- SEC. 3239. REPEAL OF PROCUREMENT AND IDEN- TIFICATION OF ENERGY EFFICIENT timely guidance for compliance with Commission HICLES STUDY. (a) REPEAL.—Part I of title III of the Energy PRODUCTS PROGRAM. rules and orders; and Policy and Conservation Act (42 U.S.C. 6373) is (a) REPEAL.—Section 161 of the Energy Policy ‘‘(C) providing information to the Commission repealed. Act of 1992 (42 U.S.C. 8262g) is repealed. and Congress to inform policy with respect to (b) CONFORMING AMENDMENT.—The table of energy issues under the jurisdiction of the Com- (b) CONFORMING AMENDMENT.—The table of contents for the Energy Policy and Conserva- mission. contents for the Energy Policy Act of 1992 (Pub- tion Act (Public Law 94–163; 89 Stat. 871) is lic Law 102–486; 106 Stat. 2776) is amended by ‘‘(2) REPORTS AND GUIDANCE.—The Director amended— shall, as the Director determines appropriate, striking the item relating to section 161. (1) by striking the item relating to part I of issue reports and guidance to the Commission SEC. 3240. REPEAL OF NATIONAL ACTION PLAN title III; and FOR DEMAND RESPONSE. and to entities subject to regulation by the Com- (2) by striking the item relating to section 385. mission, regarding market practices, proposing (a) REPEAL.—Part 5 of title V of the National SEC. 3232. REPEAL OF METHANOL STUDY. improvements in Commission monitoring of mar- Energy Conservation Policy Act (42 U.S.C. 8279) Section 400EE of the Energy Policy and Con- ket practices, and addressing potential improve- is repealed. servation Act (42 U.S.C. 6374d) is amended— ments to both industry and Commission prac- (b) CONFORMING AMENDMENT.—The table of (1) by striking subsection (a); and tices. (2) by redesignating subsections (b) and (c) as contents for the National Energy Conservation ‘‘(3) OUTREACH.—The Director shall promote subsections (a) and (b), respectively. Policy Act (Public Law 95–619; 92 Stat. 3206; 121 improved compliance with Commission rules and Stat. 1665) is amended— SEC. 3233. REPEAL OF RESIDENTIAL ENERGY EF- orders through outreach, publications, and, FICIENCY STANDARDS STUDY. (1) by striking the item relating to part 5 of where appropriate, direct communication with (a) REPEAL.—Section 253 of the National En- title V; and entities regulated by the Commission.’’. ergy Conservation Policy Act (42 U.S.C. 8232) is (2) by striking the item relating to section 571. CHAPTER 2—MARKET REFORMS repealed. SEC. 3241. REPEAL OF NATIONAL COAL POLICY SEC. 3221. GAO STUDY ON WHOLESALE ELEC- (b) CONFORMING AMENDMENT.—The table of STUDY. TRICITY MARKETS. contents for the National Energy Conservation (a) REPEAL.—Section 741 of the Powerplant (a) STUDY AND REPORT.—Not later than 1 year Policy Act (Public Law 95–619; 92 Stat. 3206) is and Industrial Fuel Use Act of 1978 (42 U.S.C. after the date of enactment of this Act, the amended by striking the item relating to section 8451) is repealed. Comptroller General shall submit to the Com- 253. (b) CONFORMING AMENDMENT.—The table of mittee on Energy and Commerce of the House of SEC. 3234. REPEAL OF WEATHERIZATION STUDY. contents for the Powerplant and Industrial Fuel Representatives and the Committee on Energy (a) REPEAL.—Section 254 of the National En- Use Act of 1978 (Public Law 95–620; 92 Stat. and Natural Resources of the Senate a report ergy Conservation Policy Act (42 U.S.C. 8233) is 3289) is amended by striking the item relating to describing the results of a study of whether and repealed. section 741.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3144 CONGRESSIONAL RECORD — HOUSE May 25, 2016 SEC. 3242. REPEAL OF STUDY ON COMPLIANCE (2) by striking the items relating to sections tect our allies, and is the most prudent and eco- PROBLEM OF SMALL ELECTRIC UTIL- 221, 222, and 241. nomical solution to meet current and projected ITY SYSTEMS. SEC. 3249. REPEAL OF STATE UTILITY REGU- sealift requirements for the United States. (a) REPEAL.—Section 744 of the Powerplant LATORY ASSISTANCE. (6) The Maritime Security Fleet program pro- and Industrial Fuel Use Act of 1978 (42 U.S.C. (a) REPEAL.—Section 207 of the Energy Con- vides a labor base of skilled American mariners 8454) is repealed. servation and Production Act (42 U.S.C. 6807) is who are available to crew the United States (b) CONFORMING AMENDMENT.—The table of repealed. contents for the Powerplant and Industrial Fuel Government-owned strategic sealift fleet, as well (b) CONFORMING AMENDMENT.—The table of Use Act of 1978 (Public Law 95–620; 92 Stat. as the United States commercial fleet, in both contents for the Energy Conservation and Pro- 3289) is amended by striking the item relating to peace and war. duction Act (Public Law 94–385; 90 Stat. 1125) is section 744. (7) The United States has reduced its oil con- amended by striking the item relating to section sumption over the past decade, and increasing SEC. 3243. REPEAL OF STUDY OF SOCIO- 207. ECONOMIC IMPACTS OF INCREASED investment in clean energy technology and en- COAL PRODUCTION AND OTHER EN- SEC. 3250. REPEAL OF SURVEY OF ENERGY SAV- ergy efficiency will lower energy prices, reduce ERGY DEVELOPMENT. ING POTENTIAL. greenhouse gas emissions, and increase national (a) REPEAL.—Section 746 of the Powerplant (a) REPEAL.—Section 550 of the National En- security. and Industrial Fuel Use Act of 1978 (42 U.S.C. ergy Conservation Policy Act (42 U.S.C. 8258b) is SEC. 4002. REPEAL. 8456) is repealed. repealed. (b) CONFORMING AMENDMENT.—The table of (b) CONFORMING AMENDMENTS.— Section 103 of the Energy Policy and Con- contents for the Powerplant and Industrial Fuel (1) The table of contents for the National En- servation Act (42 U.S.C. 6212) and the item relat- Use Act of 1978 (Public Law 95–620; 92 Stat. ergy Conservation Policy Act (Public Law 95– ing thereto in the table of contents of that Act 3289) is amended by striking the item relating to 619; 92 Stat. 3206; 106 Stat. 2851) is amended by are repealed. section 746. striking the item relating to section 550. SEC. 4003. NATIONAL POLICY ON OIL EXPORT RE- SEC. 3244. REPEAL OF STUDY OF THE USE OF PE- (2) Section 543(d)(2) of the National Energy STRICTIONS. Conservation Policy Act (42 U.S.C. 8253(d)(2)) is TROLEUM AND NATURAL GAS IN Notwithstanding any other provision of law, amended by striking ‘‘, incorporating any rel- COMBUSTORS. to promote the efficient exploration, production, evant information obtained from the survey con- (a) REPEAL.—Section 747 of the Powerplant storage, supply, marketing, pricing, and regula- ducted pursuant to section 550’’. and Industrial Fuel Use Act of 1978 (42 U.S.C. tion of energy resources, including fossil fuels, 8457) is repealed. SEC. 3251. REPEAL OF PHOTOVOLTAIC ENERGY no official of the Federal Government shall im- (b) CONFORMING AMENDMENT.—The table of PROGRAM. pose or enforce any restriction on the export of contents for the Powerplant and Industrial Fuel (a) REPEAL.—Part 4 of title V of the National crude oil. Use Act of 1978 (Public Law 95–620; 92 Stat. Energy Conservation Policy Act (42 U.S.C. 8271 3289) is amended by striking the item relating to et seq.) is repealed. SEC. 4004. STUDIES. section 747. (b) CONFORMING AMENDMENTS.—The table of (a) GREENHOUSE GAS EMISSIONS.—Not later SEC. 3245. REPEAL OF SUBMISSION OF REPORTS. contents for the National Energy Conservation than 120 days after the date of enactment of this (a) REPEAL.—Section 807 of the Powerplant Policy Act (Public Law 95–619; 92 Stat. 3206) is Act, the Secretary of Energy shall conduct, and and Industrial Fuel Use Act of 1978 (42 U.S.C. amended— transmit to the Committee on Energy and Com- 8483) is repealed. (1) by striking the item relating to part 4 of merce of the House of Representatives and the (b) CONFORMING AMENDMENT.—The table of title V; and Committee on Energy and Natural Resources of contents for the Powerplant and Industrial Fuel (2) by striking the items relating to sections the Senate the results of, a study on the net Use Act of 1978 (Public Law 95–620; 92 Stat. 561 through 570. greenhouse gas emissions that will result from 3289) is amended by striking the item relating to SEC. 3252. REPEAL OF ENERGY AUDITOR TRAIN- the repeal of the crude oil export ban under sec- section 807. ING AND CERTIFICATION. tion 4002. SEC. 3246. REPEAL OF ELECTRIC UTILITY CON- (a) REPEAL.—Subtitle F of title V of the En- (b) CRUDE OIL EXPORT STUDY.— SERVATION PLAN. ergy Security Act (42 U.S.C. 8285 et seq.) is re- (1) IN GENERAL.—The Department of Com- (a) REPEAL.—Section 808 of the Powerplant pealed. merce, in consultation with the Department of and Industrial Fuel Use Act of 1978 (42 U.S.C. (b) CONFORMING AMENDMENT.—The table of Energy, and other departments as appropriate, 8484) is repealed. contents for the Energy Security Act (Public shall conduct a study of the State and national (b) CONFORMING AMENDMENTS.— Law 96–294; 94 Stat. 611) is amended by striking implications of lifting the crude oil export ban (1) TABLE OF CONTENTS.—The table of con- the items relating to subtitle F of title V. tents for the Powerplant and Industrial Fuel with respect to consumers and the economy. CHAPTER 4—AUTHORIZATION Use Act of 1978 (Public Law 95–620; 92 Stat. (2) CONTENTS.—The study conducted under 3289) is amended by striking the item relating to SEC. 3261 AUTHORIZATION. paragraph (1) shall include an analysis of— section 808. There are authorized to be appropriated, out (A) the economic impact that exporting crude (2) REPORT ON IMPLEMENTATION.—Section 712 of funds authorized under previously enacted oil will have on the economy of the United of the Powerplant and Industrial Fuel Use Act laws, amounts required for carrying out this di- States; of 1978 (42 U.S.C. 8422) is amended— vision and the amendments made by this divi- (B) the economic impact that exporting crude (A) by striking ‘‘(a) GENERALLY.—’’; and sion. oil will have on consumers, taking into account (B) by striking subsection (b). TITLE IV—CHANGING CRUDE OIL MARKET impacts on energy prices; SEC. 3247. TECHNICAL AMENDMENT TO POWER- CONDITIONS (C) the economic impact that exporting crude PLANT AND INDUSTRIAL FUEL USE ACT OF 1978. SEC. 4001. FINDINGS. oil will have on domestic manufacturing, taking The table of contents for the Powerplant and The Congress finds the following: into account impacts on employment; and Industrial Fuel Use Act of 1978 (Public Law 95– (1) The United States has enjoyed a renais- (D) the economic impact that exporting crude 620; 92 Stat. 3289) is amended by striking the sance in energy production, establishing the oil will have on the refining sector, taking into item relating to section 742. United States as the world’s leading oil pro- account impacts on employment. ducer. SEC. 3248. EMERGENCY ENERGY CONSERVATION (3) REPORT TO CONGRESS.—Not later than 1 REPEALS. (2) By authorizing crude oil exports, the Con- year after the date of enactment of this Act, the (a) REPEALS.— gress can spur domestic energy production, cre- Bureau of Industry and Security shall submit to (1) Section 201 of the Emergency Energy Con- ate and preserve jobs, help maintain and Congress a report containing the results of the servation Act of 1979 (42 U.S.C. 8501) is amend- strengthen our independent shipping fleet that study conducted under paragraph (1). ed— is essential to national defense, and generate SEC. 4005. SAVINGS CLAUSE. (A) in the section heading, by striking ‘‘FIND- State and Federal revenues. INGS AND’’; (3) An energy-secure United States that is a Nothing in this title limits the authority of the (B) by striking subsection (a); and net exporter of energy has the potential to President under the Constitution, the Inter- (C) by striking ‘‘(b) PURPOSES.—’’. transform the security environment around the national Emergency Economic Powers Act (50 (2) Section 221 of the Emergency Energy Con- world, notably in Europe and the Middle East. U.S.C. 1701 et seq.), the National Emergencies servation Act of 1979 (42 U.S.C. 8521) is repealed. (4) For our European allies and Israel, the Act (50 U.S.C. 1601 et seq.), part B of title II of (3) Section 222 of the Emergency Energy Con- presence of more United States oil in the market the Energy Policy and Conservation Act (42 servation Act of 1979 (42 U.S.C. 8522) is repealed. will offer more secure supply options, which will U.S.C. 6271 et seq.), the Trading With the (4) Section 241 of the Emergency Energy Con- strengthen United States strategic alliances and Enemy Act (50 U.S.C. App. 1 et seq.), or any servation Act of 1979 (42 U.S.C. 8531) is repealed. help curtail the use of energy as a political other provision of law that imposes sanctions on (b) CONFORMING AMENDMENT.—The table of weapon. a foreign person or foreign government (includ- contents for the Emergency Energy Conserva- (5) The 60-ship Maritime Security Fleet is a ing any provision of law that prohibits or re- tion Act of 1979 (Public Law 96–102; 93 Stat. 749) vital element of our military’s strategic sealift stricts United States persons from engaging in a is amended— and global response capability. It assures transaction with a sanctioned person or govern- (1) by striking the item relating to section 201 United States-flag ships and United States ment), including a foreign government that is and inserting the following: crews will be available to support the United designated as a state sponsor of terrorism, to ‘‘Sec. 201. Purposes.’’; and States military when it needs to mobilize to pro- prohibit exports.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3145 SEC. 4006. PARTNERSHIPS WITH MINORITY SERV- the parties to a lease regarding the obligations (1) For purposes of this section, ‘‘electrical or ING INSTITUTIONS. under the lease, including any alleged breach of gas consumption data’’ means data about a cus- (a) IN GENERAL.—The Department of Energy the lease. tomer’s electrical or natural gas usage that is shall continue to develop and broaden partner- SEC. 5003. EXCLUSIVE VENUE FOR CERTAIN CIVIL made available as part of an advanced metering ships with minority serving institutions, includ- ACTIONS RELATING TO COVERED infrastructure, and includes the name, account ing Hispanic Serving Institutions (HSI) and His- ENERGY PROJECTS. number, or residence of the customer. torically Black Colleges and Universities Venue for any covered civil action shall lie in (2)(A) An electrical corporation or gas cor- (HBCUs) in the areas of oil and gas exploration, the United States district court in which the poration shall not share, disclose, or otherwise production, midstream, and refining. covered energy project or lease exists or is pro- make accessible to any third party a customer’s (b) PUBLIC-PRIVATE PARTNERSHIPS.—The De- posed. electrical or gas consumption data, except as partment of Energy shall encourage public-pri- SEC. 5004. TIMELY FILING. provided in subsection (a)(5) or upon the con- vate partnerships between the energy sector and To ensure timely redress by the courts, a cov- sent of the customer. minority serving institutions, including His- ered civil action shall be filed not later than the (B) An electrical corporation or gas corpora- panic Serving Institutions and Historically end of the 90-day period beginning on the date tion shall not sell a customer’s electrical or gas consumption data or any other personally iden- Black Colleges and Universities. of the final Federal agency action to which the tifiable information for any purpose. SEC. 4007. REPORT. covered civil action relates. (C) The electrical corporation or gas corpora- Not later than 10 years after the date of en- SEC. 5005. EXPEDITION IN HEARING AND DETER- tion or its contractors shall not provide an in- actment of this Act, the Secretary of Energy and MINING THE ACTION. centive or discount to the customer for accessing the Secretary of Commerce shall jointly transmit The court shall endeavor to hear and deter- the customer’s electrical or gas consumption to Congress a report that reviews the impact of mine any covered civil action as expeditiously as data without the prior consent of the customer. lifting the oil export ban under this title as it re- practicable. (D) An electrical or gas corporation that uti- lates to promoting United States energy and na- SEC. 5006. LIMITATION ON INJUNCTION AND PRO- lizes an advanced metering infrastructure that tional security. SPECTIVE RELIEF. allows a customer to access the customer’s elec- SEC. 4008. REPORT TO CONGRESS. (a) IN GENERAL.—In a covered civil action, a trical and gas consumption data shall ensure Not later than 180 days after the date of en- court shall not grant or approve any prospective that the customer has an option to access that actment of this Act, the Secretary of Energy and relief unless the court finds that the relief— data without being required to agree to the the Secretary of Commerce shall jointly transmit (1) is narrowly drawn; sharing of his or her personally identifiable in- to Congress a report analyzing how lifting the (2) extends no further than necessary to cor- formation, including electrical or gas consump- ban on crude oil exports will help create oppor- rect the violation of a legal requirement; and tion data, with a third party. tunities for veterans and women in the United (3) is the least intrusive means necessary to (3) If an electrical corporation or gas corpora- States, while promoting energy and national se- correct the violation. tion contracts with a third party for a service curity. (b) DURATION.— that allows a customer to monitor his or her SEC. 4009. PROHIBITION ON EXPORTS OF CRUDE (1) IN GENERAL.—A court shall limit the dura- electricity or gas usage, and that third party OIL, REFINED PETROLEUM PROD- tion of preliminary injunctions to halt covered uses the data for a secondary commercial pur- UCTS, AND PETROCHEMICAL PROD- energy projects to not more than 60 days, unless pose, the contract between the electrical cor- UCTS TO THE ISLAMIC REPUBLIC OF the court finds clear reasons to extend the in- poration or gas corporation and the third party IRAN. junction. shall provide that the third party prominently Nothing in this title shall be construed to au- (2) ADMINISTRATION.—In the case of an exten- discloses that secondary commercial purpose to thorize the export of crude oil, refined petroleum sion, the extension shall— the customer. products, and petrochemical products by or (A) only be in 30-day increments; and (4) An electrical corporation or gas corpora- through any entity or person, wherever located, (B) require action by the court to renew the tion shall use reasonable security procedures subject to the jurisdiction of the United States to injunction. and practices to protect a customer’s any entity or person located in, subject to the (c) IN GENERAL.—Sections 504 of title 5 and unencrypted electrical or gas consumption data jurisdiction of, or sponsored by the Islamic Re- 2412 of title 28, United States Code (commonly from unauthorized access, destruction, use, public of Iran. known as the ‘‘Equal Access to Justice Act’’), modification, or disclosure. TITLE V—OTHER MATTERS shall not apply to a covered civil action. (5)(A) Nothing in this section shall preclude (d) COURT COSTS.—A party to a covered civil an electrical corporation or gas corporation from SEC. 5001. ASSESSMENT OF REGULATORY RE- using customer aggregate electrical or gas con- QUIREMENTS. action shall not receive payment from the Fed- eral Government for the attorneys’ fees, ex- sumption data for analysis, reporting, or pro- (a) IN GENERAL.—Not later than 30 days after penses, or other court costs incurred by the gram management if all information has been the date of enactment of this Act, the Adminis- party. removed regarding the individual identity of a trator of the Environmental Protection Agency SEC. 5007. LEGAL STANDING. customer. shall ensure that the requirements described in (B) Nothing in this section shall preclude an subsection (b) are satisfied. A challenger that files an appeal with the De- partment of the Interior Board of Land Appeals electrical corporation or gas corporation from (b) REQUIREMENTS.—The Administrator shall disclosing a customer’s electrical or gas con- satisfy— shall meet the same standing requirements as a challenger before a United States district court. sumption data to a third party for system, grid, (1) section 4 of Executive Order No. 12866 (5 or operational needs, or the implementation of U.S.C. 601 note) (relating to regulatory planning SEC. 5008. STUDY TO IDENTIFY LEGAL AND REGU- demand response, energy management, or en- LATORY BARRIERS THAT DELAY, and review) and Executive Order No. 13563 (5 ergy efficiency programs, provided that, for con- U.S.C. 601 note) (relating to improving regula- PROHIBIT, OR IMPEDE THE EXPORT OF NATURAL ENERGY RESOURCES. tracts entered into after January 1, 2016, the tion and regulatory review) (or any successor utility has required by contract that the third Executive order establishing requirements appli- Not later than 1 year after the date of enactment of this Act, the Secretary of Energy and party implement and maintain reasonable secu- cable to the uniform reporting of regulatory and rity procedures and practices appropriate to the deregulatory agendas); the Secretary of Commerce shall jointly transmit to the Committee on Energy and Commerce and nature of the information, to protect the per- (2) section 602 of title 5, United States Code; sonal information from unauthorized access, de- (3) section 8 of Executive Order No. 13132 (5 the Committee on Natural Resources of the House of Representatives, and the Committee on struction, use, modification, or disclosure, and U.S.C. 601 note) (relating to federalism); and prohibits the use of the data for a secondary (4) section 202(a) of the Unfunded Mandates Commerce, Science, and Transportation and the commercial purpose not related to the primary Reform Act of 1995 (2 U.S.C. 1532(a)). Committee on Energy and Natural Resources of the Senate, the results of a study to— purpose of the contract without the customer’s SEC. 5002. DEFINITIONS. (1) identify legal and regulatory barriers that consent. In this title: delay, prohibit, or impede the export of natural (C) Nothing in this section shall preclude an (1) COVERED CIVIL ACTION.—The term ‘‘cov- energy resources, including government and electrical corporation or gas corporation from ered civil action’’ means a civil action con- technical (physical or market) barriers that disclosing electrical or gas consumption data as taining a claim under section 702 of title 5, hinder coal, natural gas, oil, and other energy required or permitted under State or Federal law United States Code, regarding agency action (as exports; and or by an order of a State public utility commis- defined for the purposes of that section) affect- (2) estimate the economic impacts of such bar- sion. ing a covered energy project on Federal land. riers. (6) If a customer chooses to disclose his or her (2) COVERED ENERGY PROJECT.— electrical or gas consumption data to a third (A) IN GENERAL.—The term ‘‘covered energy SEC. 5009. STUDY OF VOLATILITY OF CRUDE OIL. party that is unaffiliated with, and has no project’’ means— Not later than 1 year after the date of enact- other business relationship with, the electrical (i) the leasing of Federal land for the explo- ment of this Act, the Secretary of Energy shall or gas corporation, the electrical or gas corpora- ration, development, production, processing, or transmit to Congress the results of a study to de- tion shall not be responsible for the security of transmission of oil, natural gas, coal, geo- termine the maximum level of volatility that is that data, or its use or misuse. thermal, hydroelectric, biomass, solar, or any consistent with the safest practicable shipment (b) LOCAL PUBLICLY OWNED ELECTRIC UTILI- other source of energy; and of crude oil by rail. TIES.— (ii) any action under the lease. SEC. 5010. SMART METER PRIVACY RIGHTS. (1) For purposes of this section, ‘‘electrical (B) EXCLUSION.—The term ‘‘covered energy (a) ELECTRICAL CORPORATION OR GAS COR- consumption data’’ means data about a cus- project’’ does not include any dispute between PORATIONS.— tomer’s electrical usage that is made available

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as part of an advanced metering infrastructure, Organization Act (42 U.S.C. 7141(f)(1)) is ‘‘(B) REQUIREMENT.—On receipt of a request and includes the name, account number, or resi- amended by striking ‘‘a Negro, Puerto Rican, of an electric consumer served by the electric dence of the customer. American Indian, Eskimo, Oriental, or Aleut or utility, each electric utility shall make available (2)(A) A local publicly owned electric utility is a Spanish speaking individual of Spanish de- to the electric consumer interconnection service shall not share, disclose, or otherwise make ac- scent’’ and inserting ‘‘Asian American, African and net billing service for a community solar fa- cessible to any third party a customer’s elec- American, Hispanic, Puerto Rican, Native Amer- cility.’’. trical consumption data, except as provided in ican, or an Alaska Native’’. (b) COMPLIANCE.— subsection (b) (5) or upon the consent of the (b) MINORITY BUSINESS ENTERPRISES.—Section (1) TIME LIMITATIONS.—Section 112(b) of the customer. 106(f)(2) of the Local Public Works Capital De- Public Utility Regulatory Policies Act of 1978 (16 (B) A local publicly owned electric utility velopment and Investment Act of 1976 (42 U.S.C. U.S.C. 2622(b)) is amended by adding at the end shall not sell a customer’s electrical consump- 6705(f)(2)) is amended by striking ‘‘Negroes, the following: tion data or any other personally identifiable Spanish-speaking, Orientals, Indians, Eskimos, ‘‘(7)(A) Not later than 1 year after the date of information for any purpose. and Aleuts’’ and inserting ‘‘Asian American, Af- enactment of this paragraph, each State regu- (C) The local publicly owned electric utility or rican American, Hispanic, Native American, or latory authority (with respect to each electric its contractors shall not provide an incentive or Alaska Natives’’. utility for which the State has ratemaking au- discount to the customer for accessing the cus- SEC. 5013. VOLUNTARY VEGETATION MANAGE- thority) and each nonregulated utility shall tomer’s electrical consumption data without the MENT OUTSIDE RIGHTS-OF-WAY. commence consideration under section 111, or set prior consent of the customer. (a) AUTHORIZATION.—The Secretary of the In- a hearing date for consideration, with respect to (D) A local publicly owned electric utility that terior or the Secretary of Agriculture may au- the standard established by paragraph (20) of utilizes an advanced metering infrastructure thorize an owner or operator of an electric section 111(d). that allows a customer to access the customer’s transmission or distribution facility to manage ‘‘(B) Not later than 2 years after the date of electrical consumption data shall ensure that vegetation selectively within 150 feet of the exte- enactment of this paragraph, each State regu- the customer has an option to access that data rior boundary of the right-of-way near struc- latory authority (with respect to each electric without being required to agree to the sharing of tures for selective thinning and fuel reduction. utility for which the State has ratemaking au- his or her personally identifiable information, (b) STATUS OF REMOVED VEGETATION.—Any thority), and each nonregulated electric utility including electrical consumption data, with a vegetation removed pursuant to this section shall complete the consideration and make the third party. (3) If a local publicly owned electric utility shall be the property of the United States and determination under section 111 with respect to contracts with a third party for a service that not available for sale by the owner or operator. the standard established by paragraph (20) of (c) LIMITATION ON LIABILITY.—An owner or allows a customer to monitor his or her elec- section 111(d).’’. operator of an electric transmission or distribu- (2) FAILURE TO COMPLY.— tricity usage, and that third party uses the data (A) IN GENERAL.—Section 112(c) of the Public for a secondary commercial purpose, the con- tion facility shall not be held liable for wildlife Utility Regulatory Policies Act of 1978 (16 U.S.C. tract between the local publicly owned electric damage, loss, or injury, including the cost of 2622(c)) is amended— utility and the third party shall provide that the fire suppression, resulting from activities carried (i) by striking ‘‘such paragraph (14)’’ and all third party prominently discloses that secondary out pursuant to subsection (a) except in the case that follows through ‘‘paragraphs (16)’’ and in- commercial purpose to the customer. of harm resulting from the owner or operator’s (4) A local publicly owned electric utility shall gross negligence or criminal misconduct. serting ‘‘such paragraph (14). In the case of the use reasonable security procedures and practices SEC. 5014. REPEAL OF RULE FOR NEW RESIDEN- standard established by paragraph (15) of sec- to protect a customer’s unencrypted electrical TIAL WOOD HEATERS. tion 111(d), the reference contained in this sub- consumption data from unauthorized access, de- The final rule entitled ‘‘Standards of Perform- section to the date of enactment of this Act shall struction, use, modification, or disclosure, and ance for New Residential Wood Heaters, New be deemed to be a reference to the date of enact- prohibits the use of the data for a secondary Residential Hydronic Heaters and Forced-Air ment of that paragraph (15). In the case of the commercial purpose not related to the primary Furnaces’’ published at 80 Fed. Reg. 13672 standards established by paragraphs (16)’’; and purpose of the contract without the customer’s (March 16, 2015) shall have no force or effect (ii) by adding at the end the following: ‘‘In consent. and shall be treated as if such rule had never the case of the standard established by para- (5)(A) Nothing in this section shall preclude a been issued. graph (20) of section 111(d), the reference con- local publicly owned electric utility from using TITLE VI—PROMOTING RENEWABLE tained in this subsection to the date of enact- customer aggregate electrical consumption data ENERGY WITH SHARED SOLAR ment of this Act shall be deemed to be a reference to the date of enactment of that para- for analysis, reporting, or program management SEC. 6001. SHORT TITLE. graph (20).’’. if all information has been removed regarding This title may be cited as the ‘‘Promoting Re- (B) TECHNICAL CORRECTION.— the individual identity of a customer. newable Energy with Shared Solar Act of 2016’’. (B) Nothing in this section shall preclude a (i) IN GENERAL.—Section 1254(b) of the Energy local publicly owned electric utility from dis- SEC. 6002. PROVISION OF INTERCONNECTION Policy Act of 2005 (Public Law 109–58; 119 Stat. SERVICE AND NET BILLING SERVICE 971) is amended by striking paragraph (2). closing a customer’s electrical consumption data FOR COMMUNITY SOLAR FACILITIES. (ii) TREATMENT.—The amendment made by to a third party for system, grid, or operational (a) IN GENERAL.—Section 111(d) of the Public paragraph (2) of section 1254(b) of the Energy needs, or the implementation of demand re- Utility Regulatory Policies Act of 1978 (16 U.S.C. Policy Act of 2005 (Public Law 109–58; 119 Stat. sponse, energy management, or energy effi- 2621(d)) is amended by adding at the end the 971) (as in effect on the day before the date of ciency programs, provided, for contracts entered following: enactment of this Act) is void, and section 112(d) into after January 1, 2016, that the utility has ‘‘(20) COMMUNITY SOLAR FACILITIES.— required by contract that the third party imple- ‘‘(A) DEFINITIONS.—In this paragraph: of the Public Utility Regulatory Policies Act of ment and maintain reasonable security proce- ‘‘(i) COMMUNITY SOLAR FACILITY.—The term 1978 (16 U.S.C. 2622(d)) shall be in effect as if dures and practices appropriate to the nature of ‘community solar facility’ means a solar photo- those amendments had not been enacted. the information, to protect the personal infor- voltaic system that— (3) PRIOR STATE ACTIONS.— mation from unauthorized access, destruction, ‘‘(I) allocates electricity to multiple individual (A) IN GENERAL.—Section 112 of the Public use, modification, or disclosure. electric consumers of an electric utility; Utility Regulatory Policies Act of 1978 (16 U.S.C. (C) Nothing in this section shall preclude a ‘‘(II) has a nameplate rating of 2 megawatts 2622) is amended by adding at the end the fol- local publicly owned electric utility from dis- or less; and lowing: closing electrical consumption data as required ‘‘(III) is— ‘‘(g) PRIOR STATE ACTIONS.—Subsections (b) under State or Federal law. ‘‘(aa) owned by the electric utility, jointly and (c) shall not apply to the standard estab- (6) If a customer chooses to disclose his or her owned, or third-party-owned; lished by paragraph (20) of section 111(d) in the electrical consumption data to a third party ‘‘(bb) connected to a local distribution facility case of any electric utility in a State if, before that is unaffiliated with, and has no other busi- of the electric utility; and the date of enactment of this subsection— ness relationship with, the local publicly owned ‘‘(cc) located on or off the property of a con- ‘‘(1) the State has implemented for the electric electric utility, the utility shall not be respon- sumer of the electricity. utility the standard (or a comparable standard); sible for the security of that data, or its use or ‘‘(ii) INTERCONNECTION SERVICE.—The term ‘‘(2) the State regulatory authority for the misuse. ‘interconnection service’ means a service pro- State or the relevant nonregulated electric util- SEC. 5011. YOUTH ENERGY ENTERPRISE COM- vided by an electric utility to an electric con- ity has conducted a proceeding to consider im- PETITION. sumer, in accordance with the standards de- plementation of the standard (or a comparable The Secretaries of Energy and Commerce shall scribed in paragraph (15), through which a com- standard) for the electric utility; or jointly establish an energy enterprise competi- munity solar facility is connected to an applica- ‘‘(3) the State legislature has voted on the im- tion to encourage youth to propose solutions to ble local distribution facility. plementation of the standard (or a comparable the energy challenges of the United States and ‘‘(iii) NET BILLING SERVICE.—The term ‘net standard) for the electric utility.’’. to promote youth interest in careers in science, billing service’ means a service provided by an (B) CROSS-REFERENCE.—Section 124 of the technology, engineering, and math, especially electric utility to an electric consumer through Public Utility Regulatory Policy Act of 1978 (16 as those fields relate to energy. which electric energy generated for that electric U.S.C. 2634) is amended by adding at the end SEC. 5012. MODERNIZATION OF TERMS RELATING consumer from a community solar facility may the following: ‘‘In the case of the standard es- TO MINORITIES. be used to offset electric energy provided by the tablished by paragraph (20) of section 111(d), (a) OFFICE OF MINORITY ECONOMIC IMPACT.— electric utility to the electric consumer during the reference contained in this subsection to the Section 211(f)(1) of the Department of Energy the applicable billing period. date of enactment of this Act shall be deemed to

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3147 be a reference to the date of enactment of that in the development of water technology in the SEC. 8003. EXTENSION OF TIME FOR FEDERAL EN- paragraph (20).’’. United States and to encourage United States ERGY REGULATORY COMMISSION PROJECT INVOLVING JENNINGS TITLE VII—MARINE HYDROKINETIC research centers and United States companies to participate in water technology projects RANDOLPH DAM. SEC. 7001. DEFINITION OF MARINE AND abroad.’’. (a) IN GENERAL.—Notwithstanding the time HYDROKINETIC RENEWABLE EN- period specified in section 13 of the Federal ERGY. SEC. 7003. NATIONAL MARINE RENEWABLE EN- Power Act (16 U.S.C. 806) that would otherwise Section 632 of the Energy Independence and ERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION CENTERS. apply to the Federal Energy Regulatory Com- Security Act of 2007 (42 U.S.C. 17211) is amended mission project numbered 12715, the Commission Section 634(b) of the Energy Independence in the matter preceding paragraph (1) by strik- may, at the request of the licensee for the and Security Act of 2007 (42 U.S.C. 17213(b)) is ing ‘‘electrical’’. project, and after reasonable notice, in accord- amended to read as follows: SEC. 7002. MARINE AND HYDROKINETIC RENEW- ance with the good faith, due diligence, and ‘‘(b) PURPOSES.—A Center (in coordination ABLE ENERGY RESEARCH AND DE- public interest requirements of that section and with the Department and National Labora- VELOPMENT. the Commission’s procedures under that section, tories) shall— Section 633 of the Energy Independence and extend the time period during which the licensee Security Act of 2007 (42 U.S.C. 17212) is amended ‘‘(1) advance research, development, dem- is required to commence the construction of the to read as follows: onstration, and commercial application of ma- project for up to three consecutive 2-year peri- ‘‘SEC. 633. MARINE AND HYDROKINETIC RENEW- rine and hydrokinetic renewable energy tech- ods from the date of the expiration of the exten- ABLE ENERGY RESEARCH AND DE- nologies; sion originally issued by the Commission. Any VELOPMENT. ‘‘(2) support in-water testing and demonstra- obligation of the licensee for the payment of an- ‘‘The Secretary, in consultation with the Sec- tion of marine and hydrokinetic renewable en- nual charges under section 10(e) of the Federal retary of the Interior, the Secretary of Com- ergy technologies, including facilities capable of Power Act (16 U.S.C. 803(e)) shall commence merce, and the Federal Energy Regulatory Com- testing— upon conclusion of the time period to commence mission, shall carry out a program of research, ‘‘(A) marine and hydrokinetic renewable en- construction of the project, as extended by the development, demonstration, and commercial ergy systems of various technology readiness Commission under this subsection. application to accelerate the introduction of ma- levels and scales; (b) REINSTATEMENT OF EXPIRED LICENSE.—If rine and hydrokinetic renewable energy produc- ‘‘(B) a variety of technologies in multiple test the period required for commencement of con- tion into the United States energy supply, giv- berths at a single location; and struction of the project described in subsection ing priority to fostering accelerated research, ‘‘(C) arrays of technology devices; and (a) has expired prior to the date of the enact- development, and commercialization of tech- ‘‘(3) serve as information clearinghouses for ment of this Act, the Commission shall reinstate nology, including— the marine and hydrokinetic renewable energy the license effective as of the date of its expira- ‘‘(1) to assist technology development to im- industry by collecting and disseminating infor- tion and the first extension authorized under prove the components, processes, and systems mation on best practices in all areas relating to subsection (a) shall take effect on the date of used for power generation from marine and developing and managing marine and such expiration. hydrokinetic renewable energy resources; hydrokinetic renewable energy resources and SEC. 8004. EXTENSION OF TIME FOR FEDERAL EN- ‘‘(2) to establish critical testing infrastructure energy systems.’’. ERGY REGULATORY COMMISSION necessary— SEC. 7004. AUTHORIZATION OF APPROPRIATIONS. PROJECT INVOLVING ‘‘(A) to cost effectively and efficiently test and Section 636 of the Energy Independence and CANNONSVILLE DAM. prove the efficacy of marine and hydrokinetic Security Act of 2007 (42 U.S.C. 17215) is amended (a) IN GENERAL.—Notwithstanding the time renewable energy devices; and by striking ‘‘2008 through 2012’’ and inserting period specified in section 13 of the Federal ‘‘(B) to accelerate the technological readiness ‘‘2016 through 2019’’. Power Act (16 U.S.C. 806) that would otherwise and commercialization of those devices; apply to the Federal Energy Regulatory Com- ‘‘(3) to support efforts to increase the effi- TITLE VIII—EXTENSIONS OF TIME FOR mission project numbered 13287, the Commission ciency of energy conversion, lower the cost, in- VARIOUS FEDERAL ENERGY REGU- may, at the request of the licensee for the crease the use, improve the reliability, and dem- LATORY COMMISSION PROJECTS project, and after reasonable notice, in accord- onstrate the applicability of marine and SEC. 8001. EXTENSION OF TIME FOR FEDERAL EN- ance with the good faith, due diligence, and hydrokinetic renewable energy technologies by ERGY REGULATORY COMMISSION public interest requirements of that section and participating in demonstration projects; PROJECT INVOLVING CLARK CAN- the Commission’s procedures under that section, ‘‘(4) to investigate variability issues and the YON DAM. extend the time period during which the licensee efficient and reliable integration of marine and Notwithstanding the time period described in is required to commence the construction of the hydrokinetic renewable energy with the utility section 13 of the Federal Power Act (16 U.S.C. project for up to four consecutive 2-year periods grid; 806) that would otherwise apply to the Federal from the date of the expiration of the time pe- ‘‘(5) to identify and study critical short- and Energy Regulatory Commission project num- riod required for commencement of construction long-term needs to create a sustainable marine bered 12429, the Federal Energy Regulatory prescribed in the license. and hydrokinetic renewable energy supply Commission (referred to in this section as the (b) REINSTATEMENT OF EXPIRED LICENSE.—If chain based in the United States; ‘‘Commission’’) shall, at the request of the li- the period required for commencement of con- ‘‘(6) to increase the reliability and surviv- censee for the project, and after reasonable no- struction of the project described in subsection ability of marine and hydrokinetic renewable tice and in accordance with the procedures of (a) has expired prior to the date of the enact- energy technologies; the Commission under that section, reinstate the ment of this Act, the Commission may reinstate ‘‘(7) to verify the performance, reliability, license and extend the time period during which the license effective as of the date of its expira- maintainability, and cost of new marine and the licensee is required to commence construction and the first extension authorized under hydrokinetic renewable energy device designs tion of project works for the 3-year period begin- subsection (a) shall take effect on the date of and system components in an operating environ- ning on the date of enactment of this Act. such expiration. ment; SEC. 8002. EXTENSION OF TIME FOR FEDERAL EN- SEC. 8005. EXTENSION OF TIME FOR FEDERAL EN- ‘‘(8) to coordinate and avoid duplication of ERGY REGULATORY COMMISSION ERGY REGULATORY COMMISSION activities across programs of the Department PROJECT INVOLVING GIBSON DAM. PROJECT INVOLVING GATHRIGHT and other applicable Federal agencies, includ- (a) IN GENERAL.—Notwithstanding the re- DAM. ing National Laboratories, and to coordinate quirements of section 13 of the Federal Power (a) IN GENERAL.—Notwithstanding the time public-private collaboration in all programs Act (16 U.S.C. 806) that would otherwise apply period specified in section 13 of the Federal under this section; to the Federal Energy Regulatory Commission Power Act (16 U.S.C. 806) that would otherwise ‘‘(9) to identify opportunities for joint re- project numbered 12478–003, the Federal Energy apply to the Federal Energy Regulatory Com- search and development programs and develop- Regulatory Commission (referred to in this sec- mission project numbered 12737, the Commission ment of economies of scale between— tion as the ‘‘Commission’’) may, at the request may, at the request of the licensee for the ‘‘(A) marine and hydrokinetic renewable en- of the licensee for the project, and after reason- project, and after reasonable notice, in accord- ergy technologies; and able notice and in accordance with the proce- ance with the good faith, due diligence, and ‘‘(B) other renewable energy and fossil energy dures of the Commission under that section, ex- public interest requirements of that section and programs, offshore oil and gas production ac- tend the time period during which the licensee is the Commission’s procedures under that section, tivities, and activities of the Department of De- required to commence construction of the project extend the time period during which the licensee fense; and for a 6-year period that begins on the date de- is required to commence the construction of the ‘‘(10) to support in-water technology develop- scribed in subsection (b). project for up to three consecutive 2-year peri- ment with international partners using existing (b) DATE DESCRIBED.—The date described in ods from the date of the expiration of the exten- cooperative procedures (including memoranda of this subsection is the date of the expiration of sion originally issued by the Commission. understanding)— the extension of the period required for com- (b) REINSTATEMENT OF EXPIRED LICENSE.—If ‘‘(A) to allow cooperative funding and other mencement of construction for the project de- the period required for commencement of con- support of value to be exchanged and leveraged; scribed in subsection (a) that was issued by the struction of the project described in subsection and Commission prior to the date of enactment of (a) has expired prior to the date of the enact- ‘‘(B) to encourage international research cen- this Act under section 13 of the Federal Power ment of this Act, the Commission may reinstate ters and international companies to participate Act (16 U.S.C. 806). the license for the project effective as of the date

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3148 CONGRESSIONAL RECORD — HOUSE May 25, 2016 of its expiration and the first extension author- in additive manufacturing, 3–D printing, ad- tions to participate in industry internships and ized under subsection (a) shall take effect on the vanced composites, and advanced aluminum cooperative work/study programs; and date of such expiration. and other metal alloys, industrial energy effi- (4) partner with the Department of Energy SEC. 8006. EXTENSION OF TIME FOR FEDERAL EN- ciency management systems, including power laboratories to increase underrepresented ERGY REGULATORY COMMISSION electronics, and other innovative technologies. groups’ participation in internships, fellow- PROJECT INVOLVING FLANNAGAN (I) Chemical manufacturing industry, includ- ships, traineeships, and employment at all De- DAM. ing work in construction (such as welders, pipe- partment of Energy laboratories. (a) IN GENERAL.—Notwithstanding the time fitters, and tool and die makers) or as instru- (g) OUTREACH TO DISLOCATED ENERGY AND period specified in section 13 of the Federal ment and electrical technicians, machinists, MANUFACTURING WORKERS.—In carrying out Power Act (16 U.S.C. 806) that would otherwise chemical process operators, chemical engineers, this section, the Secretary shall— apply to the Federal Energy Regulatory Com- quality and safety professionals, and reliability (1) give special consideration to increasing mission project numbered 12740, the Commission engineers; and outreach to employers and job trainers pre- may, at the request of the licensee for the (2) strengthening and more fully engaging De- paring dislocated energy and manufacturing project, and after reasonable notice, in accord- partment of Energy programs and labs in car- workers for in-demand sectors or occupations; ance with the good faith, due diligence, and rying out the Department’s workforce develop- (2) make existing resources available through program cross-cutting to institutions serving dis- public interest requirements of that section and ment initiatives including the Minorities in En- located energy and manufacturing workers with the Commission’s procedures under that section, ergy Initiative. the objective of training individuals to re-enter extend the time period during which the licensee (b) PROHIBITION.—Nothing in this section is required to commence the construction of the shall be construed to authorize the Secretary or in-demand sectors or occupations; (3) encourage the energy and manufacturing project for up to three consecutive 2-year peri- any other officer or employee of the Federal industries to improve opportunities for dis- ods from the date of the expiration of the exten- Government to incentivize, require, or coerce a located energy and manufacturing workers to State, school district, or school to adopt cur- sion originally issued by the Commission. participate in career pathways; and (b) REINSTATEMENT OF EXPIRED LICENSE.—If ricula aligned to the skills described in sub- (4) work closely with the energy and manu- the period required for commencement of con- section (a). facturing industries to identify energy and man- struction of the project described in subsection (c) PRIORITY.—The Secretary shall prioritize ufacturing operations, such as coal-fired power (a) has expired prior to the date of the enact- the education and training of underrepresented plants and coal mines, scheduled for closure and ment of this Act, the Commission may reinstate groups in energy and manufacturing-related to provide early intervention assistance to work- the license for the project effective as of the date jobs. ers employed at such energy and manufacturing of its expiration and the first extension author- (d) CLEARINGHOUSE.—In carrying out this sec- operations by— ized under subsection (a) shall take effect on the tion, the Secretary shall establish a clearing- (A) partnering with State and local workforce date of such expiration. house to— development boards; TITLE IX—ENERGY AND MANUFACTURING (1) maintain and update information and re- (B) giving special consideration to employers WORKFORCE DEVELOPMENT sources on training and workforce development and job trainers preparing such workers for in- programs for energy and manufacturing-related demand sectors or occupations; SEC. 9001. ENERGY AND MANUFACTURING WORK- jobs, including job training and workforce de- (C) making existing resources available FORCE DEVELOPMENT. velopment programs available to assist displaced through program cross-cutting to institutions (a) IN GENERAL.—The Secretary of Energy (in and unemployed energy and manufacturing serving such workers with the objective of train- this title referred to as the ‘‘Secretary’’) shall workers transitioning to new employment; and ing them to re-enter in-demand sectors or occu- prioritize education and training for energy and (2) provide technical assistance for States, pations; and manufacturing-related jobs in order to increase local educational agencies, schools, community (D) encouraging the energy and manufac- the number of skilled workers trained to work in colleges, universities (including minority serving turing industries to improve opportunities for energy and manufacturing-related fields when institutions), workforce development programs, such workers to participate in career pathways. considering awards for existing grant programs, labor-management organizations, and industry (h) ENROLLMENT IN WORKFORCE DEVELOP- including by— organizations that would like to develop and im- MENT PROGRAMS.—In carrying out this section, (1) encouraging State education agencies and plement energy and manufacturing-related the Secretary shall work with industry and com- local educational agencies to equip students training programs. munity-based workforce organizations to help with the skills, mentorships, training, and tech- (e) COLLABORATION.—In carrying out this sec- identify candidates, including from underrep- nical expertise necessary to fill the employment tion, the Secretary— resented communities such as minorities, opportunities vital to managing and operating (1) shall collaborate with States, local edu- women, and veterans, to enroll in workforce de- the Nation’s energy and manufacturing indus- cational agencies, schools, community colleges, velopment programs for energy and manufac- tries, in collaboration with representatives from universities (including minority serving institu- turing-related jobs. the energy and manufacturing industries (in- tions), workforce-training organizations, na- (i) PROHIBITION.—Nothing in this section shall cluding the oil, gas, coal, nuclear, utility, pipe- tional laboratories, State energy offices, work- be construed as authorizing the creation of a line, renewable, petrochemical, manufacturing, force investment boards, and the energy and new workforce development program. and electrical construction sectors) to identify manufacturing industries; (j) DEFINITIONS.—In this section: the areas of highest need in each sector and the (2) shall encourage and foster collaboration, (1) CAREER PATHWAYS; DISLOCATED WORKER; IN-DEMAND SECTORS OR OCCUPATIONS; LOCAL skills necessary for a high quality workforce in mentorships, and partnerships among organiza- WORKFORCE DEVELOPMENT BOARD; STATE WORK- the following sectors of energy and manufac- tions (including industry, States, local edu- FORCE DEVELOPMENT BOARD.—The terms ‘‘career turing: cational agencies, schools, community colleges, pathways’’, ‘‘dislocated worker’’, ‘‘in-demand (A) Energy efficiency industry, including workforce-development organizations, and col- sectors or occupations’’, ‘‘local workforce devel- work in energy efficiency, conservation, weath- leges and universities) that currently provide ef- opment board’’, and ‘‘State workforce develop- erization, or retrofitting, or as inspectors or fective job training programs in the energy and ment board’’ have the meanings given the terms auditors. manufacturing fields and entities (including ‘‘career pathways’’, ‘‘dislocated worker’’, ‘‘in- (B) Pipeline industry, including work in pipe- States, local educational agencies, schools, com- demand sectors or occupations’’, ‘‘local board’’, line construction and maintenance or work as munity colleges, workforce development pro- and ‘‘State board’’, respectively, in section 3 of engineers or technical advisors. grams, and colleges and universities) that seek (C) Utility industry, including work in the the Workforce Innovation and Opportunity Act to establish these types of programs in order to (29 U.S.C. 3102). generation, transmission, and distribution of share best practices; and electricity and natural gas, such as utility tech- (2) MINORITY-SERVING INSTITUTION.—The term (3) shall collaborate with the Bureau of Labor ‘‘minority-serving institution’’ means an institu- nicians, operators, lineworkers, engineers, sci- Statistics, the Department of Commerce, the Bu- tion of higher education with a designation of entists, and information technology specialists. reau of the Census, States, and the energy and one of the following: (D) Nuclear industry, including work as sci- manufacturing industries to develop a com- (A) Hispanic-serving institution (as defined in entists, engineers, technicians, mathematicians, prehensive and detailed understanding of the 20 U.S.C.1101a(a)(5)). or security personnel. energy and manufacturing workforce needs and (B) Tribal College or University (as defined in (E) Oil and gas industry, including work as opportunities by State and by region. 20 U.S.C.1059c(b)). scientists, engineers, technicians, mathemati- (f) OUTREACH TO MINORITY SERVING INSTITU- (C) Alaska Native-serving institution or a Na- cians, petrochemical engineers, or geologists. TIONS.—In carrying out this section, the Sec- tive Hawaiian-serving institution (as defined in (F) Renewable industry, including work in the retary shall— 20 U.S.C.1059d(b)). development, manufacturing, and production of (1) give special consideration to increasing (D) Predominantly Black Institution (as de- renewable energy sources (such as solar, hydro- outreach to minority serving institutions and fined in 20 U.S.C.1059e(b)). power, wind, or geothermal energy). Historically Black Colleges and Universities; (E) Native American-serving nontribal institu- (G) Coal industry, including work as coal (2) make existing resources available through tion (as defined in 20 U.S.C.1059f(b)). miners, engineers, developers and manufactur- program cross-cutting to minority serving insti- (F) Asian American and Native American Pa- ers of state-of-the-art coal facilities, technology tutions with the objective of increasing the num- cific Islander-serving institution (as defined in vendors, coal transportation workers and opera- ber of skilled minorities and women trained to 20 U.S.C.1059g(b)). tors, or mining equipment vendors. go into the energy and manufacturing sectors; SEC. 9002. REPORT. (H) Manufacturing industry, including work (3) encourage industry to improve the oppor- Five years after the date of enactment of this as operations technicians, operations and design tunities for students of minority serving institu- Act, the Secretary shall publish a comprehensive

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report to the Committee on Energy and Com- that term in section 11(a) of the Forest and (b) CONSIDERATION OF ALTERNATIVES.—In an merce and the Committee on Education and the Rangeland Renewable Resources Planning Act environmental assessment or environmental im- Workforce of the House of Representatives and of 1974 (16 U.S.C. 1609(a)). pact statement described in subsection (a), the the Senate Energy and Natural Resources Com- (10) OREGON AND CALIFORNIA RAILROAD GRANT Secretary concerned shall study, develop, and mittee on the outlook for energy and manufac- LANDS.—The term ‘‘Oregon and California Rail- describe only the following two alternatives: turing sectors nationally. The report shall also road Grant lands’’ means the following lands: (1) The forest management activity, as pro- include a comprehensive summary of energy and (A) All lands in the State of Oregon revested posed pursuant to paragraph (1), (2), or (3) of manufacturing job creation as a result of the in the United States under the Act of June 9, subsection (a). enactment of this title. The report shall include 1916 (39 Stat. 218), that are administered by the (2) The alternative of no action. performance data regarding the number of pro- Secretary of the Interior, acting through the (c) ELEMENTS OF NON-ACTION ALTERNATIVE.— gram participants served, the percentage of par- Bureau of Land Management, pursuant to the In the case of the alternative of no action, the ticipants in competitive integrated employment first section of the Act of August 28, 1937 (43 Secretary concerned shall evaluate— two quarters and four quarters after program U.S.C. 1181a). (1) the effect of no action on— completion, the median income of program par- (B) All lands in that State obtained by the (A) forest health; ticipants two quarters and four quarters after Secretary of the Interior pursuant to the land (B) habitat diversity; program completion, and the percentage of pro- exchanges authorized and directed by section 2 (C) wildfire potential; and (D) insect and disease potential; and gram participants receiving industry-recognized of the Act of June 24, 1954 (43 U.S.C. 1181h). (2) the implications of a resulting decline in credentials. (C) All lands in that State acquired by the forest health, loss of habitat diversity, wildfire, United States at any time and made subject to SEC. 9003. USE OF EXISTING FUNDS. or insect or disease infestation, given fire and the provisions of title II of the Act of August 28, No additional funds are authorized to carry insect and disease historic cycles, on— 1937 (43 U.S.C. 1181f). out the requirements of this title. Such require- (A) domestic water costs; ments shall be carried out using amounts other- (11) PUBLIC LANDS.—The term ‘‘public lands’’ (B) wildlife habitat loss; and wise authorized. has the meaning given that term in section (C) other economic and social factors. 103(e) of the Federal Land Policy and Manage- DIVISION B—RESILIENT FEDERAL SEC. 102. CATEGORICAL EXCLUSION TO EXPE- FORESTS ment Act of 1976 (43 U.S.C. 1702(e)), except that DITE CERTAIN CRITICAL RESPONSE the term includes Coos Bay Wagon Road Grant SEC. 1. SHORT TITLE. ACTIONS. lands and Oregon and California Railroad (a) AVAILABILITY OF CATEGORICAL EXCLU- This division may be cited as the ‘‘Resilient Grant lands. Federal Forests Act of 2016’’. SION.—A categorical exclusion is available to the (12) REFORESTATION ACTIVITY.—The term ‘‘re- Secretary concerned to develop and carry out a SEC. 2. DEFINITIONS. forestation activity’’ means a project or activity forest management activity on National Forest In titles I through VIII of this division: carried out by the Secretary concerned whose System lands or public lands when the primary (1) CATASTROPHIC EVENT.—The term ‘‘cata- primary purpose is the reforestation of impacted purpose of the forest management activity is— strophic event’’ means any natural disaster lands following a large-scale catastrophic event. (1) to address an insect or disease infestation; (such as hurricane, tornado, windstorm, snow The term includes planting, evaluating and en- (2) to reduce hazardous fuel loads; or ice storm, rain storm, high water, wind-driv- hancing natural regeneration, clearing com- (3) to protect a municipal water source; en water, tidal wave, earthquake, volcanic peting vegetation, and other activities related to (4) to maintain, enhance, or modify critical eruption, landslide, mudslide, drought, or insect reestablishment of forest species on the fire-im- habitat to protect it from catastrophic disturb- or disease outbreak) or any fire, flood, or explo- pacted lands. ances; sion, regardless of cause. (13) RESOURCE ADVISORY COMMITTEE.—The (5) to increase water yield; or (2) CATEGORICAL EXCLUSION.—The term ‘‘cat- term ‘‘resource advisory committee’’ has the (6) any combination of the purposes specified egorical exclusion’’ refers to an exception to the meaning given that term in section 201(3) of the in paragraphs (1) through (5). requirements of the National Environmental Secure Rural Schools and Community Self-De- (b) ACREAGE LIMITATIONS.— Policy Act of 1969 (42 U.S.C. 4331 et seq.) for a termination Act of 2000 (16 U.S.C. 7121(3)). (1) IN GENERAL.—Except in the case of a forest project or activity relating to the management of (14) SALVAGE OPERATION.—The term ‘‘salvage management activity described in paragraph (2), National Forest System lands or public lands. operation’’ means a forest management activity a forest management activity covered by the cat- (3) COLLABORATIVE PROCESS.—The term ‘‘col- undertaken in response to a catastrophic event egorical exclusion granted by subsection (a) may laborative process’’ refers to a process relating whose primary purpose— not contain harvest units exceeding a total of to the management of National Forest System (A) is to prevent wildfire as a result of the cat- 5,000 acres. lands or public lands by which a project or ac- astrophic event, or, if the catastrophic event (2) LARGER AREAS AUTHORIZED.—A forest tivity is developed and implemented by the Sec- was wildfire, to prevent a re-burn of the fire-im- management activity covered by the categorical retary concerned through collaboration with in- pacted area; exclusion granted by subsection (a) may not terested persons, as described in section (B) is to provide an opportunity for utilization contain harvest units exceeding a total of 15,000 603(b)(1)(C) of the Healthy Forests Restoration of forest materials damaged as a result of the acres if the forest management activity— Act of 2003 (16 U.S.C. 6591b(b)(1)(C)). catastrophic event; or (A) is developed through a collaborative proc- (4) COMMUNITY WILDFIRE PROTECTION PLAN.— (C) is to provide a funding source for reforest- ess; The term ‘‘community wildfire protection plan’’ ation and other restoration activities for the Na- (B) is proposed by a resource advisory com- has the meaning given that term in section tional Forest System lands or public lands im- mittee; or 101(3) of the Healthy Forests Restoration Act of pacted by the catastrophic event. (C) is covered by a community wildfire protec- 2003 (16 U.S.C. 6511(3)). (15) SECRETARY CONCERNED.—The term ‘‘Sec- tion plan. (5) COOS BAY WAGON ROAD GRANT LANDS.—The retary concerned’’ means— SEC. 103. CATEGORICAL EXCLUSION TO EXPE- term ‘‘Coos Bay Wagon Road Grant lands’’ (A) the Secretary of Agriculture, with respect DITE SALVAGE OPERATIONS IN RE- means the lands reconveyed to the United States SPONSE TO CATASTROPHIC EVENTS. to National Forest System lands; and pursuant to the first section of the Act of Feb- (a) AVAILABILITY OF CATEGORICAL EXCLU- (B) the Secretary of the Interior, with respect ruary 26, 1919 (40 Stat. 1179). SION.—A categorical exclusion is available to the to public lands. (6) FOREST MANAGEMENT ACTIVITY.—The term Secretary concerned to develop and carry out a ‘‘forest management activity’’ means a project TITLE I—EXPEDITED ENVIRONMENTAL salvage operation as part of the restoration of or activity carried out by the Secretary con- ANALYSIS AND AVAILABILITY OF CAT- National Forest System lands or public lands cerned on National Forest System lands or pub- EGORICAL EXCLUSIONS TO EXPEDITE following a catastrophic event. lic lands in concert with the forest plan covering FOREST MANAGEMENT ACTIVITIES (b) ACREAGE LIMITATIONS.— the lands. SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (1) IN GENERAL.—A salvage operation covered (7) FOREST PLAN.—The term ‘‘forest plan’’ (ACTION VERSUS NO ACTION) IN by the categorical exclusion granted by sub- means— PROPOSED COLLABORATIVE FOREST section (a) may not contain harvest units ex- (A) a land use plan prepared by the Bureau of MANAGEMENT ACTIVITIES. ceeding a total of 5,000 acres. Land Management for public lands pursuant to (a) APPLICATION TO CERTAIN ENVIRONMENTAL (2) HARVEST AREA.—In addition to the limita- section 202 of the Federal Land Policy and ASSESSMENTS AND ENVIRONMENTAL IMPACT tion imposed by paragraph (1), the harvest units Management Act of 1976 (43 U.S.C. 1712); or STATEMENTS.—This section shall apply when- covered by the categorical exclusion granted by (B) a land and resource management plan ever the Secretary concerned prepares an envi- subsection (a) may not exceed one-third of the prepared by the Forest Service for a unit of the ronmental assessment or an environmental im- area impacted by the catastrophic event. National Forest System pursuant to section 6 of pact statement pursuant to section 102(2) of the (c) ADDITIONAL REQUIREMENTS.— the Forest and Rangeland Renewable Resources National Environmental Policy Act of 1969 (42 (1) ROAD BUILDING.—A salvage operation cov- Planning Act of 1974 (16 U.S.C. 1604). U.S.C. 4332(2)) for a forest management activity ered by the categorical exclusion granted by (8) LARGE-SCALE CATASTROPHIC EVENT.—The that— subsection (a) may not include any new perma- term ‘‘large-scale catastrophic event’’ means a (1) is developed through a collaborative proc- nent roads. Temporary roads constructed as catastrophic event that adversely impacts at ess; part of the salvage operation shall be retired be- least 5,000 acres of reasonably contiguous Na- (2) is proposed by a resource advisory com- fore the end of the fifth fiscal year beginning tional Forest System lands or public lands. mittee; or after the completion of the salvage operation. (9) NATIONAL FOREST SYSTEM.—The term ‘‘Na- (3) is covered by a community wildfire protec- (2) STREAM BUFFERS.—A salvage operation tional Forest System’’ has the meaning given tion plan. covered by the categorical exclusion granted by

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3150 CONGRESSIONAL RECORD — HOUSE May 25, 2016 subsection (a) shall comply with the standards (8) Use of herbicides, so long as the Secretary any court of the United States with respect to and guidelines for stream buffers contained in concerned determines that the activity is other- any decision to prepare or conduct a salvage op- the applicable forest plan unless waived by the wise conducted consistently with agency proce- eration or reforestation activity in response to a Regional Forester, in the case of National Forest dures, including any forest plan applicable to large-scale catastrophic event. Section 705 of System lands, or the State Director of the Bu- the area covered by the activity. title 5, United States Code, shall not apply to reau of Land Management, in the case of public (d) DEFINITIONS.—In this section: any challenge to the salvage operation or refor- lands. (1) HAZARDOUS FUELS MANAGEMENT.—The estation activity. (3) REFORESTATION PLAN.—A reforestation term ‘‘hazardous fuels management’’ means any SEC. 204. EXCLUSION OF CERTAIN LANDS. plan shall be developed under section 3 of the vegetation management activities that reduce In applying this title, the Secretary concerned Act of June 9, 1930 (commonly known as the the risk of wildfire. may not carry out salvage operations or refor- Knutson-Vandenberg Act; 16 U.S.C. 576b), as (2) LATE-SEASON GRAZING.—The term ‘‘late- estation activities on National Forest System part of a salvage operation covered by the cat- season grazing’’ means grazing activities that lands or public lands— egorical exclusion granted by subsection (a). occur after both the invasive species and native (1) that are included in the National Wilder- SEC. 104. CATEGORICAL EXCLUSION TO MEET perennial species have completed their current- ness Preservation System; FOREST PLAN GOALS FOR EARLY year annual growth cycle until new plant (2) that are located within an inventoried SUCCESSIONAL FORESTS. growth begins to appear in the following year. roadless area unless the reforestation activity is (a) AVAILABILITY OF CATEGORICAL EXCLU- (3) TARGETED LIVESTOCK GRAZING.—The term consistent with the forest plan; or SION.—A categorical exclusion is available to the ‘‘targeted livestock grazing’’ means grazing used (3) on which timber harvesting for any pur- Secretary concerned to develop and carry out a for purposes of hazardous fuel reduction. pose is prohibited by statute. forest management activity on National Forest SEC. 107. COMPLIANCE WITH FOREST PLAN. TITLE III—COLLABORATIVE PROJECT System lands or public lands when the primary A forest management activity covered by a LITIGATION REQUIREMENT purpose of the forest management activity is to categorical exclusion granted by this title shall SEC. 301. DEFINITIONS. modify, improve, enhance, or create early suc- be conducted in a manner consistent with the In this title: cessional forests for wildlife habitat improve- forest plan applicable to the National Forest (1) COSTS.—The term ‘‘costs’’ refers to the fees ment and other purposes, consistent with the System land or public lands covered by the for- and costs described in section 1920 of title 28, applicable forest plan. est management activity. United States Code. (b) PROJECT GOALS.—To the maximum extent TITLE II—SALVAGE AND REFORESTATION (2) EXPENSES.—The term ‘‘expenses’’ includes practicable, the Secretary concerned shall de- IN RESPONSE TO CATASTROPHIC EVENTS the expenditures incurred by the staff of the sign a forest management activity under this Secretary concerned in preparing for and re- section to meet early successional forest goals in SEC. 201. EXPEDITED SALVAGE OPERATIONS AND sponding to a legal challenge to a collaborative such a manner so as to maximize production REFORESTATION ACTIVITIES FOL- LOWING LARGE-SCALE CATA- forest management activity and in participating and regeneration of priority species, as identi- STROPHIC EVENTS. in litigation that challenges the forest manage- fied in the forest plan and consistent with the (a) EXPEDITED ENVIRONMENTAL ASSESS- ment activity, including such staff time as may capability of the activity site. MENT.—Notwithstanding any other provision of be used to prepare the administrative record, ex- (c) ACREAGE LIMITATIONS.—A forest manage- law, any environmental assessment prepared by hibits, declarations, and affidavits in connec- ment activity covered by the categorical exclu- the Secretary concerned pursuant to section tion with the litigation. sion granted by subsection (a) may not contain 102(2) of the National Environmental Policy Act SEC. 302. BOND REQUIREMENT AS PART OF harvest units exceeding a total of 5,000 acres. of 1969 (42 U.S.C. 4332(2)) for a salvage oper- LEGAL CHALLENGE OF CERTAIN SEC. 105. CLARIFICATION OF EXISTING CATEGOR- ation or reforestation activity proposed to be FOREST MANAGEMENT ACTIVITIES. ICAL EXCLUSION AUTHORITY RE- (a) BOND REQUIRED.—In the case of a forest conducted on National Forest System lands or LATED TO INSECT AND DISEASE IN- management activity developed through a col- public lands adversely impacted by a large-scale FESTATION. laborative process or proposed by a resource ad- catastrophic event shall be completed within 3 Section 603(c)(2)(B) of the Healthy Forests visory committee, any plaintiff or plaintiffs months after the conclusion of the catastrophic Restoration Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) challenging the forest management activity event. is amended by striking ‘‘Fire Regime Groups I, shall be required to post a bond or other security (b) EXPEDITED IMPLEMENTATION AND COMPLE- II, or III’’ and inserting ‘‘Fire Regime I, Fire equal to the anticipated costs, expenses, and at- Regime II, Fire Regime III, or Fire Regime IV’’. TION.—In the case of reforestation activities conducted on National Forest System lands or torneys fees of the Secretary concerned as de- SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, fendant, as reasonably estimated by the Sec- RESTORE, AND REDUCE THE RISK OF public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned retary concerned. All proceedings in the action WILDFIRE. shall be stayed until the required bond or secu- (a) AVAILABILITY OF CATEGORICAL EXCLU- shall achieve reforestation of at least 75 percent of the impacted lands during the 5-year period rity is provided. SION.—A categorical exclusion is available to the (b) RECOVERY OF LITIGATION COSTS, EX- following the conclusion of the catastrophic Secretary concerned to carry out a forest man- PENSES, AND ATTORNEYS FEES.— event. agement activity described in subsection (c) on (1) MOTION FOR PAYMENT.—If the Secretary National Forest System Lands or public lands (c) AVAILABILITY OF KNUTSON-VANDENBERG concerned prevails in an action challenging a when the primary purpose of the activity is to FUNDS.—Amounts in the special fund estab- forest management activity described in sub- improve, restore, or reduce the risk of wildfire lished pursuant to section 3 of the Act of June section (a), the Secretary concerned shall submit on those lands. 9, 1930 (commonly known as the Knutson-Van- to the court a motion for payment, from the (b) ACREAGE LIMITATIONS.—A forest manage- denberg Act; 16 U.S.C. 576b) shall be available bond or other security posted under subsection ment activity covered by the categorical exclu- to the Secretary of Agriculture for reforestation (a) in such action, of the reasonable costs, ex- sion granted by subsection (a) may not exceed activities authorized by this title. penses, and attorneys fees incurred by the Sec- (d) TIMELINE FOR PUBLIC INPUT PROCESS.— 5,000 acres. retary concerned. (c) AUTHORIZED ACTIVITIES.—The following Notwithstanding any other provision of law, in (2) MAXIMUM AMOUNT RECOVERED.—The activities may be carried out using a categorical the case of a salvage operation or reforestation amount of costs, expenses, and attorneys fees re- exclusion granted by subsection (a): activity proposed to be conducted on National covered by the Secretary concerned under para- (1) Removal of juniper trees, medusahead rye, Forest System lands or public lands adversely graph (1) as a result of prevailing in an action conifer trees, pin˜ on pine trees, cheatgrass, and impacted by a large-scale catastrophic event, challenging the forest management activity may other noxious or invasive weeds specified on the Secretary concerned shall allow 30 days for not exceed the amount of the bond or other se- Federal or State noxious weeds lists through public scoping and comment, 15 days for filing curity posted under subsection (a) in such ac- late-season livestock grazing, targeted livestock an objection, and 15 days for the agency re- tion. grazing, prescribed burns, and mechanical treat- sponse to the filing of an objection. Upon com- (3) RETURN OF REMAINDER.—Any funds re- ments. pletion of this process and expiration of the pe- maining from the bond or other security posted (2) Performance of hazardous fuels manage- riod specified in subsection (a), the Secretary under subsection (a) after the payment of costs, ment. concerned shall implement the project imme- expenses, and attorneys fees under paragraph (3) Creation of fuel and fire breaks. diately. (1) shall be returned to the plaintiff or plaintiffs (4) Modification of existing fences in order to SEC. 202. COMPLIANCE WITH FOREST PLAN. that posted the bond or security in the action. distribute livestock and help improve wildlife A salvage operation or reforestation activity (c) RETURN OF BOND TO PREVAILING PLAIN- habitat. authorized by this title shall be conducted in a TIFF.— (5) Installation of erosion control devices. manner consistent with the forest plan applica- (1) IN GENERAL.—If the plaintiff ultimately (6) Construction of new and maintenance of ble to the National Forest System lands or pub- prevails on the merits in every action brought by permanent infrastructure, including stock lic lands covered by the salvage operation or re- the plaintiff challenging a forest management ponds, water catchments, and water spring forestation activity. activity described in subsection (a), the court boxes used to benefit livestock and improve wild- SEC. 203. PROHIBITION ON RESTRAINING OR- shall return to the plaintiff any bond or security life habitat. DERS, PRELIMINARY INJUNCTIONS, provided by the plaintiff under subsection (a), (7) Performance of soil treatments, native and AND INJUNCTIONS PENDING AP- plus interest from the date the bond or security non-native seeding, and planting of and trans- PEAL. was provided. planting sagebrush, grass, forb, shrub, and No restraining order, preliminary injunction, (2) ULTIMATELY PREVAILS ON THE MERITS.—In other species. or injunction pending appeal shall be issued by this subsection, the phrase ‘‘ultimately prevails

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3151 on the merits’’ means, in a final enforceable ‘‘(ii) at least three shall be representative of tions 202(b), 203(c), and 204(a)(5), projects under judgment on the merits, a court rules in favor of interests described in subparagraph (B) of para- the RAC program are intended to— the plaintiff on every cause of action in every graph (2); and ‘‘(1) accomplish forest management objectives action brought by the plaintiff challenging the ‘‘(iii) at least three shall be representative of or support community development; and forest management activity. interests described in subparagraph (C) of para- ‘‘(2) generate receipts. (d) EFFECT OF SETTLEMENT.—If a challenge to graph (2). ‘‘(d) DEPOSIT AND AVAILABILITY OF REVE- a forest management activity described in sub- ‘‘(B) ADDITIONAL REQUIREMENTS.—In appoint- NUES.—Any revenue generated by a project con- section (a) for which a bond or other security ing members of a resource advisory committee ducted under the RAC program, including any was provided by the plaintiff under such sub- from the three categories described in paragraph interest accrued from the revenues, shall be— section is resolved by settlement between the (2), as provided in subparagraph (A), the Sec- ‘‘(1) deposited in the special account in the Secretary concerned and the plaintiff, the settle- retary concerned shall ensure balanced and Treasury established under section 102(d)(2)(A); ment agreement shall provide for sharing the broad representation in each category. In the and costs, expenses, and attorneys fees incurred by case of a vacancy on a resource advisory com- ‘‘(2) available, in such amounts as may be the parties. mittee, the vacancy shall be filled within 90 provided in advance in appropriation Acts, for (e) LIMITATION ON CERTAIN PAYMENTS.—Not- days after the date on which the vacancy oc- additional projects under the RAC program. withstanding section 1304 of title 31, United curred. Appointments to a new resource advi- ‘‘(e) TERMINATION OF AUTHORITY.— States Code, no award may be made under sec- sory committee shall be made within 90 days ‘‘(1) IN GENERAL.—The authority to initiate a tion 2412 of title 28, United States Code, and no after the date on which the decision to form the project under the RAC program shall terminate amounts may be obligated or expended from the new resource advisory committee was made. on September 30, 2020. ‘‘(C) CHARTER.—A charter for a resource advi- Claims and Judgment Fund of the United States ‘‘(2) DEPOSITS IN TREASURY.—Any funds sory committee with 15 members that was filed Treasury to pay any fees or other expenses available for projects under the RAC program on or before the date of the enactment of this under such sections to any plaintiff related to and not obligated by September 30, 2021, shall be paragraph shall be considered to be filed for a an action challenging a forest management ac- deposited in the Treasury of the United resource advisory committee described in this tivity described in subsection (a). States.’’. paragraph. The charter of a resource advisory (b) EXCEPTION TO GENERAL RULE REGARDING TITLE IV—SECURE RURAL SCHOOLS AND committee shall be reapproved before the expira- TREATMENT OF RECEIPTS.—Section 403(b) of the COMMUNITY SELF-DETERMINATION ACT tion of the existing charter of the resource advi- Secure Rural Schools and Community Self-De- AMENDMENTS sory committee. In the case of a new resource termination Act of 2000 (16 U.S.C. 7153(b)) is advisory committee, the charter of the resource SEC. 401. USE OF RESERVED FUNDS FOR TITLE II amended by striking ‘‘All revenues’’ and insert- PROJECTS ON FEDERAL LAND AND advisory committee shall be approved within 90 ing ‘‘Except as provided in section 209, all reve- CERTAIN NON-FEDERAL LAND. days after the date on which the decision to nues’’. (a) REPEAL OF MERCHANTABLE TIMBER CON- form the new resource advisory committee was TRACTING PILOT PROGRAM.—Section 204(e) of made.’’. SEC. 404. ADDITIONAL AUTHORIZED USE OF RE- the Secure Rural Schools and Community Self- (c) CONFORMING CHANGE TO PROJECT AP- SERVED FUNDS FOR TITLE III COUN- TY PROJECTS. Determination Act of 2000 (16 U.S.C. 7124(e)) is PROVAL REQUIREMENTS.—Section 205(e)(3) of the amended by striking paragraph (3). Secure Rural Schools and Community Self-De- Section 302(a) of the Secure Rural Schools and (b) REQUIREMENTS FOR PROJECT FUNDS.—Sec- termination Act of 2000 (16 U.S.C. 7125(e)(3)) is Community Self-Determination Act of 2000 (16 tion 204 of the Secure Rural Schools and Com- amended by adding at the end the following U.S.C. 7142(a)) is amended— munity Self-Determination Act of 2000 (16 new sentence: ‘‘In the case of a resource advi- (1) in paragraph (2)— U.S.C. 7124) is amended by striking subsection sory committee consisting of fewer than 15 mem- (A) by inserting ‘‘and law enforcement pa- (f) and inserting the following new subsection: bers, as authorized by subsection (d)(6), a trols’’ after ‘‘including firefighting’’; and (B) by striking ‘‘and’’ at the end; ‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— project may be proposed to the Secretary con- (2) by redesignating paragraph (3) as para- ‘‘(1) IN GENERAL.—Subject to paragraph (2), cerned upon approval by a majority of the mem- graph (4); and the Secretary concerned shall ensure that at bers of the committee, including at least one (3) by inserting after paragraph (2) the fol- least 50 percent of the project funds reserved by member from each of the three categories de- lowing new paragraph (3): a participating county under section 102(d) scribed in subsection (d)(2).’’. shall be available only for projects that— (d) EXPANDING LOCAL PARTICIPATION ON COM- ‘‘(3) to cover training costs and equipment ‘‘(A) include the sale of timber or other forest MITTEES.—Section 205(d) of the Secure Rural purchases directly related to the emergency products, reduce fire risks, or improve water Schools and Community Self-Determination Act services described in paragraph (2); and’’. supplies; and of 2000 (16 U.S.C. 7125(d)) is amended— SEC. 405. TREATMENT AS SUPPLEMENTAL FUND- ‘‘(B) implement stewardship objectives that (1) in paragraph (3), by inserting before the ING. enhance forest ecosystems or restore and im- period at the end the following: ‘‘, consistent Section 102 of the Secure Rural Schools and prove land health and water quality. with the requirements of paragraph (4)’’; and Community Self-Determination Act of 2000 (16 ‘‘(2) APPLICABILITY.—The requirement in (2) by striking paragraph (4) and inserting the U.S.C. 7112) is amended by adding at the end paragraph (1) shall apply only to project funds following new paragraph: the following new subsection: reserved by a participating county whose ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The members ‘‘(f) TREATMENT AS SUPPLEMENTAL FUND- boundaries include Federal land that the Sec- of a resource advisory committee shall reside ING.—None of the funds made available to a retary concerned determines has been subject to within the county or counties in which the com- beneficiary county or other political subdivision a timber or other forest products program within mittee has jurisdiction or an adjacent county.’’. of a State under this Act shall be used in lieu of 5 fiscal years before the fiscal year in which the SEC. 403. PROGRAM FOR TITLE II SELF-SUS- or to otherwise offset State funding sources for funds are reserved.’’. TAINING RESOURCE ADVISORY COM- local schools, facilities, or educational pur- MITTEE PROJECTS. SEC. 402. RESOURCE ADVISORY COMMITTEES. poses.’’. (a) SELF-SUSTAINING RESOURCE ADVISORY TITLE V—STEWARDSHIP END RESULT (a) RECOGNITION OF RESOURCE ADVISORY COMMITTEE PROJECTS.—Title II of the Secure CONTRACTING COMMITTEES.—Section 205(a)(4) of the Secure Rural Schools and Community Self-Determina- Rural Schools and Community Self-Determina- tion Act of 2000 (16 U.S.C. 7121 et seq.) is amend- SEC. 501. CANCELLATION CEILINGS FOR STEW- tion Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by adding at the end the following new sec- ARDSHIP END RESULT CON- TRACTING PROJECTS. ed by striking ‘‘2012’’ each place it appears and tion: (a) CANCELLATION CEILINGS.—Section 604 of inserting ‘‘2020’’. ‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RE- (b) TEMPORARY REDUCTION IN COMPOSITION SOURCE ADVISORY COMMITTEE the Healthy Forests Restoration Act of 2003 (16 OF COMMITTEES.—Section 205(d) of the Secure PROJECTS. U.S.C. 6591c) is amended— Rural Schools and Community Self-Determina- ‘‘(a) RAC PROGRAM.—The Chief of the Forest (1) by redesignating subsections (h) and (i) as tion Act of 2000 (16 U.S.C. 7125(d)) is amended— Service shall conduct a program (to be known as subsections (i) and (j), respectively; and (1) in paragraph (1), by striking ‘‘Each’’ and the ‘self-sustaining resource advisory committee (2) by inserting after subsection (g) the fol- inserting ‘‘Except during the period specified in program’ or ‘RAC program’) under which 10 re- lowing new subsection (h): paragraph (6), each’’; and source advisory committees will propose projects ‘‘(h) CANCELLATION CEILINGS.— (2) by adding at the end the following new authorized by subsection (c) to be carried out ‘‘(1) IN GENERAL.—The Chief and the Director paragraph: using project funds reserved by a participating may obligate funds to cover any potential can- ‘‘(6) TEMPORARY REDUCTION IN MINIMUM NUM- county under section 102(d). cellation or termination costs for an agreement BER OF MEMBERS.— ‘‘(b) SELECTION OF PARTICIPATING RESOURCE or contract under subsection (b) in stages that ‘‘(A) TEMPORARY REDUCTION.—During the pe- ADVISORY COMMITTEES.—The selection of re- are economically or programmatically viable. riod beginning on the date of the enactment of source advisory committees to participate in the ‘‘(2) ADVANCE NOTICE TO CONGRESS OF CAN- this paragraph and ending on September 30, RAC program is in the sole discretion of the CELLATION CEILING IN EXCESS OF $25 MILLION.— 2020, a resource advisory committee established Chief of the Forest Service, except that, con- Not later than 30 days before entering into a under this section may be comprised of nine or sistent with section 205(d)(6), a selected resource multiyear agreement or contract under sub- more members, of which— advisory committee must have a minimum of six section (b) that includes a cancellation ceiling ‘‘(i) at least three shall be representative of in- members. in excess of $25 million, but does not include terests described in subparagraph (A) of para- ‘‘(c) AUTHORIZED PROJECTS.—Notwith- proposed funding for the costs of cancelling the graph (2); standing the project purposes specified in sec- agreement or contract up to such cancellation

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ceiling, the Chief or the Director, as the case be modified by the Chief or Director to include (e) IMPLEMENTATION METHODS.—A forest may be, shall submit to the Committee on En- the fire liability provisions described in para- management activity carried out using amounts ergy and Natural Resources and the Committee graph (7).’’. in the Fund may be carried out using a contract on Agriculture, Nutrition, and Forestry of the TITLE VI—ADDITIONAL FUNDING or agreement under section 604 of the Healthy Senate and the Committee on Natural Resources SOURCES FOR FOREST MANAGEMENT Forests Restoration Act of 2003 (16 U.S.C. 6591c), and the Committee on Agriculture of the House ACTIVITIES the good neighbor authority provided by section of Representatives a written notice that in- 8206 of the Agricultural Act of 2014 (16 U.S.C. SEC. 601. DEFINITIONS. cludes— 2113a), a contract under section 14 of the Na- In this title: ‘‘(A) the cancellation ceiling amounts pro- tional Forest Management Act of 1976 (16 U.S.C. (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- posed for each program year in the agreement or ty’’ means— 472a), or other authority available to the Sec- contract; (A) a State or political subdivision of a State retary concerned, but revenues generated by the ‘‘(B) the reasons why such cancellation ceil- containing National Forest System lands or pub- forest management activity shall be used to re- ing amounts were selected; lic lands; imburse the Fund for planning costs covered ‘‘(C) the extent to which the costs of contract (B) a publicly chartered utility serving one or using amounts in the Fund. cancellation are not included in the budget for more States or a political subdivision thereof; (f) RELATION TO OTHER LAWS.— the agreement or contract; and (C) a rural electric company; and (1) REVENUE SHARING.—Subject to subsection ‘‘(D) an assessment of the financial risk of not (D) any other entity determined by the Sec- (e), revenues generated by a forest management including budgeting for the costs of agreement retary concerned to be appropriate for partici- activity carried out using amounts from the or contract cancellation. pation in the Fund. Fund shall be considered monies received from ‘‘(3) TRANSMITTAL OF NOTICE TO OMB.—Not (2) FUND.—The term ‘‘Fund’’ means the State- the National Forest System. later than 14 days after the date on which writ- Supported Forest Management Fund established (2) KNUTSON-VANDERBERG ACT.—The Act of ten notice is provided under paragraph (2) with by section 603. June 9, 1930 (commonly known as the Knutson- respect to an agreement or contract under sub- SEC. 602. AVAILABILITY OF STEWARDSHIP Vanderberg Act; 16 U.S.C. 576 et seq.), shall section (b), the Chief or the Director, as the case PROJECT REVENUES AND COLLABO- apply to any forest management activity carried may be, shall transmit a copy of the notice to RATIVE FOREST LANDSCAPE RES- out using amounts in the Fund. the Director of the Office of Management and TORATION FUND TO COVER FOREST (g) TERMINATION OF FUND.— Budget.’’. MANAGEMENT ACTIVITY PLANNING (1) TERMINATION.—The Fund shall terminate (b) RELATION TO OTHER LAWS.—Section COSTS. 10 years after the date of the enactment of this 604(d)(5) of the Healthy Forests Restoration Act (a) AVAILABILITY OF STEWARDSHIP PROJECT Act. of 2003 (16 U.S.C. 6591c(d)(5)) is amended by REVENUES.—Section 604(e)(2)(B) of the Healthy (2) EFFECT OF TERMINATION.—Upon the termi- striking ‘‘, the Chief may’’ and inserting ‘‘and Forests Restoration Act of 2003 (16 U.S.C. nation of the Fund pursuant to paragraph (1) section 2(a)(1) of the Act of July 31, 1947 (com- 6591c(e)(2)(B)), as amended by section 503, is or pursuant to any other provision of law, un- monly known as the Materials Act of 1947; 30 further amended by striking ‘‘appropriation at obligated contributions remaining in the Fund U.S.C. 602(a)(1)), the Chief and the Director the project site from which the monies are col- shall be returned to the eligible entity that made may’’. lected or at another project site.’’ and inserting the contribution. SEC. 502. EXCESS OFFSET VALUE. the following: ‘‘appropriation— ‘‘(i) at the project site from which the monies TITLE VII—TRIBAL FORESTRY Section 604(g)(2) of the Healthy Forests Res- are collected or at another project site; and PARTICIPATION AND PROTECTION toration Act of 2003 (16 U.S.C. 6591c(g)(2)) is ‘‘(ii) to cover not more than 25 percent of the SEC. 701. PROTECTION OF TRIBAL FOREST AS- amended by striking subparagraphs (A) and (B) cost of planning additional stewardship con- SETS THROUGH USE OF STEWARD- and inserting the following new subparagraphs: tracting projects.’’. SHIP END RESULT CONTRACTING ‘‘(A) use the excess to satisfy any outstanding AND OTHER AUTHORITIES. (b) AVAILABILITY OF COLLABORATIVE FOREST liabilities for cancelled agreements or contracts; LANDSCAPE RESTORATION FUND.—Section (a) PROMPT CONSIDERATION OF TRIBAL RE- or 4003(f)(1) of the Omnibus Public Land Manage- QUESTS.—Section 2(b) of the Tribal Forest Pro- ‘‘(B) if there are no outstanding liabilities ment Act of 2009 (16 U.S.C. 7303(f)(1)) is amend- tection Act of 2004 (25 U.S.C. 3115a(b)) is amend- under subparagraph (A), apply the excess to ed by striking ‘‘carrying out and’’ and inserting ed— other authorized stewardship projects.’’. ‘‘planning, carrying out, and’’. (1) in paragraph (1), by striking ‘‘Not later SEC. 503. PAYMENT OF PORTION OF STEWARD- than 120 days after the date on which an Indian SEC. 603. STATE-SUPPORTED PLANNING OF FOR- SHIP PROJECT REVENUES TO COUN- EST MANAGEMENT ACTIVITIES. tribe submits to the Secretary’’ and inserting TY IN WHICH STEWARDSHIP ‘‘In response to the submission by an Indian (a) STATE-SUPPORTED FOREST MANAGEMENT PROJECT OCCURS. tribe of’’; and Section 604(e) of the Healthy Forests Restora- FUND.—There is established in the Treasury of the United States a fund, to be known as the (2) by adding at the end the following new tion Act of 2003 (16 U.S.C. 6591c(e)) is amend- paragraph: ed— ‘‘State-Supported Forest Management Fund’’, to cover the cost of planning (especially related ‘‘(4) TIME PERIODS FOR CONSIDERATION.— (1) in paragraph (2)(B), by inserting ‘‘subject ‘‘(A) INITIAL RESPONSE.—Not later than 120 to paragraph (3)(A),’’ before ‘‘shall’’; and to compliance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. days after the date on which the Secretary re- (2) in paragraph (3)(A), by striking ‘‘services ceives a tribal request under paragraph (1), the received by the Chief or the Director’’ and all 4332(2))), carrying out, and monitoring certain forest management activities on National Forest Secretary shall provide an initial response to the that follows through the period at the end and Indian tribe regarding— inserting the following: ‘‘services and in-kind System lands or public lands. (b) CONTENTS.—The State-Supported Forest ‘‘(i) whether the request may meet the selec- resources received by the Chief or the Director tion criteria described in subsection (c); and under a stewardship contract project conducted Management Fund shall consist of such amounts as may be— ‘‘(ii) the likelihood of the Secretary entering under this section shall not be considered mon- into an agreement or contract with the Indian ies received from the National Forest System or (1) contributed by an eligible entity for deposit in the Fund; tribe under paragraph (2) for activities described the public lands, but any payments made by the in paragraph (3). contractor to the Chief or Director under the (2) appropriated to the Fund; or (3) generated by forest management activities ‘‘(B) NOTICE OF DENIAL.—Notice under sub- project shall be considered monies received from section (d) of the denial of a tribal request the National Forest System or the public carried out using amounts in the Fund. (c) GEOGRAPHICAL AND USE LIMITATIONS.—In under paragraph (1) shall be provided not later lands.’’. making a contribution under subsection (b)(1), than 1 year after the date on which the Sec- SEC. 504. SUBMISSION OF EXISTING ANNUAL RE- an eligible entity may— retary received the request. PORT. (1) specify the National Forest System lands ‘‘(C) COMPLETION.—Not later than 2 years Subsection (j) of section 604 of the Healthy or public lands for which the contribution may after the date on which the Secretary receives a Forests Restoration Act of 2003 (16 U.S.C. 6591c), be expended; and tribal request under paragraph (1), other than a as redesignated by section 501(a)(1), is amended (2) limit the types of forest management activi- tribal request denied under subsection (d), the by striking ‘‘report to the Committee on Agri- ties for which the contribution may be ex- Secretary shall— culture, Nutrition, and Forestry of the Senate pended. ‘‘(i) complete all environmental reviews nec- and the Committee on Agriculture of the House (d) AUTHORIZED FOREST MANAGEMENT ACTIVI- essary in connection with the agreement or con- of Representatives’’ and inserting ‘‘submit to the TIES.—In such amounts as may be provided in tract and proposed activities under the agree- congressional committees specified in subsection advance in appropriation Acts, the Secretary ment or contract; and (h)(2) a report’’. concerned may use the Fund to plan, carry out, ‘‘(ii) enter into the agreement or contract with SEC. 505. FIRE LIABILITY PROVISION. and monitor a forest management activity the Indian tribe under paragraph (2).’’. Section 604(d) of the Healthy Forests Restora- that— (b) CONFORMING AND TECHNICAL AMEND- tion Act of 2003 (16 U.S.C. 6591c(d)) is amended (1) is developed through a collaborative proc- MENTS.—Section 2 of the Tribal Forest Protec- by adding at the end the following new para- ess; tion Act of 2004 (25 U.S.C. 3115a) is amended— graph: (2) is proposed by a resource advisory com- (1) in subsections (b)(1) and (f)(1), by striking ‘‘(8) MODIFICATION.—Upon the request of the mittee; or ‘‘section 347 of the Department of the Interior contractor, a contract or agreement under this (3) is covered by a community wildfire protec- and Related Agencies Appropriations Act, 1999 section awarded before February 7, 2014, shall tion plan. (16 U.S.C. 2104 note; Public Law 105–277) (as

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TRIBAL FOREST MANAGEMENT DEM- (1) by striking ‘‘Such deposits’’ and inserting Interior and Related Agencies Appropriations ONSTRATION PROJECT. the following: Act, 2003 (117 Stat. 275))’’ and inserting ‘‘section The Secretary of the Interior and the Sec- ‘‘(b) Amounts deposited under subsection (a)’’; 604 of the Healthy Forests Restoration Act of retary of Agriculture may carry out demonstra- (2) by redesignating subsection (c) as sub- 2003 (16 U.S.C. 6591c)’’; and tion projects by which federally recognized In- section (d); and (2) in subsection (d), by striking ‘‘subsection dian tribes or tribal organizations may contract (3) by inserting before subsection (d), as so re- (b)(1), the Secretary may’’ and inserting ‘‘para- to perform administrative, management, and designated, the following new subsection (c): graphs (1) and (4)(B) of subsection (b), the Sec- other functions of programs of the Tribal Forest ‘‘(c)(1) Amounts in the special fund estab- retary shall’’. Protection Act of 2004 (25 U.S.C. 3115a et seq.) lished pursuant to this section— through contracts entered into under the Indian ‘‘(A) shall be used exclusively to implement SEC. 702. MANAGEMENT OF INDIAN FOREST LAND Self-Determination and Education Assistance activities authorized by subsection (a); and AUTHORIZED TO INCLUDE RELATED ‘‘(B) may be used anywhere within the Forest NATIONAL FOREST SYSTEM LANDS Act (25 U.S.C. 450 et seq.). AND PUBLIC LANDS. Service Region from which the original deposits TITLE VIII—MISCELLANEOUS FOREST were collected. Section 305 of the National Indian Forest Re- MANAGEMENT PROVISIONS ‘‘(2) The Secretary of Agriculture may not de- sources Management Act (25 U.S.C. 3104) is SEC. 801. BALANCING SHORT- AND LONG-TERM duct overhead costs from the funds collected amended by adding at the end the following EFFECTS OF FOREST MANAGEMENT under subsection (a), except as needed to fund new subsection: ACTIVITIES IN CONSIDERING IN- personnel of the responsible Ranger District for JUNCTIVE RELIEF. ‘‘(c) INCLUSION OF CERTAIN NATIONAL FOREST the planning and implementation of the activi- As part of its weighing the equities while con- SYSTEM LAND AND PUBLIC LAND.— ties authorized by subsection (a).’’. ‘‘(1) AUTHORITY.—At the request of an Indian sidering any request for an injunction that applies to any agency action as part of a forest SEC. 806. EXCLUSION OF CERTAIN NATIONAL tribe, the Secretary concerned may treat Federal FOREST SYSTEM LANDS AND PUBLIC forest land as Indian forest land for purposes of management activity under titles I through LANDS. planning and conducting forest land manage- VIII, the court reviewing the agency action Unless specifically provided by a provision of ment activities under this section if the Federal shall balance the impact to the ecosystem likely titles I through VIII, the authorities provided by forest land is located within, or mostly within, affected by the forest management activity of— such titles do not apply with respect to any Na- a geographic area that presents a feature or in- (1) the short- and long-term effects of under- tional Forest System lands or public lands— volves circumstances principally relevant to that taking the agency action; against (1) that are included in the National Wilder- Indian tribe, such as Federal forest land ceded (2) the short- and long-term effects of not un- ness Preservation System; to the United States by treaty, Federal forest dertaking the action. (2) that are located within an inventoried land within the boundaries of a current or SEC. 802. CONDITIONS ON FOREST SERVICE ROAD roadless area unless the forest management ac- former reservation, or Federal forest land adju- DECOMMISSIONING. tivity to be carried out under such authority is dicated to be tribal homelands. (a) CONSULTATION WITH AFFECTED COUNTY.— consistent with the forest plan applicable to the ‘‘(2) REQUIREMENTS.—As part of the agree- Whenever any Forest Service defined mainte- area; or ment to treat Federal forest land as Indian for- nance level one- or two-system road within a (3) on which timber harvesting for any pur- est land under paragraph (1), the Secretary con- designated high fire prone area of a unit of the pose is prohibited by statute. cerned and the Indian tribe making the request National Forest System is considered for decom- SEC. 807. APPLICATION OF NORTHWEST FOREST shall— missioning, the Forest Supervisor of that unit of PLAN SURVEY AND MANAGE MITIGA- ‘‘(A) provide for continued public access ap- the National Forest System shall— TION MEASURE STANDARD AND plicable to the Federal forest land prior to the (1) consult with the government of the county GUIDELINES. agreement, except that the Secretary concerned containing the road regarding the merits and The Northwest Forest Plan Survey and Man- may limit or prohibit such access as needed; possible consequences of decommissioning the age Mitigation Measure Standard and Guide- ‘‘(B) continue sharing revenue generated by road; and lines shall not apply to any National Forest the Federal forest land with State and local gov- (2) solicit possible alternatives to decommis- System lands or public lands. ernments either— sioning the road. SEC. 808. MANAGEMENT OF BUREAU OF LAND (b) REGIONAL FORESTER APPROVAL.—A Forest MANAGEMENT LANDS IN WESTERN ‘‘(i) on the terms applicable to the Federal for- Service road described in subsection (a) may not OREGON. est land prior to the agreement, including, be decommissioned without the advance ap- (a) GENERAL RULE.—All of the public land where applicable, 25-percent payments or 50- proval of the Regional Forester. managed by the Bureau of Land Management percent payments; or in the Salem District, Eugene District, Roseburg ‘‘(ii) at the option of the Indian tribe, on SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS District, Coos Bay District, Medford District, terms agreed upon by the Indian tribe, the Sec- ON NATIONAL FOREST SYSTEM and the Klamath Resource Area of the retary concerned, and State and county govern- LANDS. Lakeview District in the State of Oregon shall ments participating in a revenue sharing agree- On and after the date of the enactment of this hereafter be managed pursuant to title I of the ment for the Federal forest land; Act, the Secretary of Agriculture may not apply of the Act of August 28, 1937 (43 U.S.C. 1181a ‘‘(C) comply with applicable prohibitions on to National Forest System lands any of the through 1181e). Except as provided in subsection the export of unprocessed logs harvested from amendments to forest plans adopted in the Deci- (b), all of the revenue produced from such land the Federal forest land; sion Notice for the Revised Continuation of In- shall be deposited in the Treasury of the United ‘‘(D) recognize all right-of-way agreements in terim Management Direction Establishing Ri- States in the Oregon and California land-grant place on Federal forest land prior to commence- parian, Ecosystem and Wildlife Standards for fund and be subject to the provisions of title II ment of tribal management activities; and Timber Sales (commonly known as the Eastside of the Act of August 28, 1937 (43 U.S.C. 1181f). ‘‘(E) ensure that all commercial timber re- Screens requirements), including all preceding (b) CERTAIN LANDS EXCLUDED.—Subsection moved from the Federal forest land is sold on a or associated versions of these amendments. (a) does not apply to any revenue that is re- competitive bid basis. SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN quired to be deposited in the Coos Bay Wagon ‘‘(3) LIMITATION.—Treating Federal forest AMENDMENTS FOR CERTAIN Road grant fund pursuant to sections 1 through land as Indian forest land for purposes of plan- PROJECTS AND ACTIVITIES. 4 of the Act of May 24, 1939 (43 U.S.C. 1181f–1 ning and conducting management activities pur- If the Secretary concerned determines that, in through f–4). suant to paragraph (1) shall not be construed to order to conduct a project or carry out an activ- SEC. 809. BUREAU OF LAND MANAGEMENT RE- designate the Federal forest land as Indian for- ity implementing a forest plan, an amendment SOURCE MANAGEMENT PLANS. est lands for any other purpose. to the forest plan is required, the Secretary con- (a) ADDITIONAL ANALYSIS AND ALTER- ‘‘(4) DEFINITIONS.—In this subsection: cerned shall execute such amendment as a non- NATIVES.—To develop a full range of reasonable ‘‘(A) FEDERAL FOREST LAND.—The term ‘Fed- significant plan amendment through the record alternatives as required by the National Envi- eral forest land’ means— of decision or decision notice for the project or ronmental Policy Act of 1969, the Secretary of ‘‘(i) National Forest System lands; and activity. the Interior shall develop and consider in detail ‘‘(ii) public lands (as defined in section 103(e) SEC. 805. KNUTSON-VANDENBERG ACT MODIFICA- a reference analysis and two additional alter- of the Federal Land Policy and Management TIONS. natives as part of the revisions of the resource Act of 1976 (43 U.S.C. 1702(e))), including Coos (a) DEPOSITS OF FUNDS FROM NATIONAL FOR- management plans for the Bureau of Land Bay Wagon Road Grant lands reconveyed to the EST TIMBER PURCHASERS REQUIRED.—Section Management’s Salem, Eugene, Coos Bay, United States pursuant to the first section of the 3(a) of the Act of June 9, 1930 (commonly known Roseburg, and Medford Districts and the Klam- Act of February 26, 1919 (40 Stat. 1179), and Or- as the Knutson-Vandenberg Act; 16 U.S.C. ath Resource Area of the Lakeview District. egon and California Railroad Grant lands. 576b(a)), is amended by striking ‘‘The Sec- (b) REFERENCE ANALYSIS.—The reference ‘‘(B) SECRETARY CONCERNED.—The term ‘Sec- retary’’ and all that follows through ‘‘any pur- analysis required by subsection (a) shall meas- retary concerned’ means— chaser’’ and inserting the following: ‘‘The Sec- ure and assume the harvest of the annual ‘‘(i) the Secretary of Agriculture, with respect retary of Agriculture shall require each pur- growth net of natural mortality for all forested to the Federal forest land referred to in sub- chaser’’. land in the planning area in order to determine paragraph (A)(i); and (b) CONDITIONS ON USE OF DEPOSITS.—Section the maximum sustained yield capacity of the ‘‘(ii) the Secretary of the Interior, with respect 3 of the Act of June 9, 1930 (commonly known as forested land base and to establish a baseline by to the Federal forest land referred to in sub- the Knutson-Vandenberg Act; 16 U.S.C. 576b), is which the Secretary of the Interior shall meas- paragraph (A)(ii).’’. amended— ure incremental effects on the sustained yield

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capacity and environmental impacts from man- ‘‘(1) FEDERAL LAND.—The term ‘Federal land’ pursuant to a fire protection agreement or coop- agement prescriptions in all other alternatives. means— erative agreement). (c) ADDITIONAL ALTERNATIVES.— ‘‘(A) any land under the jurisdiction of the ‘‘(b) WILDFIRE SUPPRESSION OPERATIONS AC- (1) CARBON SEQUESTRATION ALTERNATIVE.— Department of the Interior; and COUNT.—The President shall establish a specific The Secretary of the Interior shall develop and ‘‘(B) any land under the jurisdiction of the account for the assistance available pursuant to consider an additional alternative with the goal United States Forest Service. a declaration under section 802. Such account of maximizing the total carbon benefits from for- ‘‘(2) FEDERAL LAND MANAGEMENT AGENCIES.— may only be used to fund assistance pursuant to est storage and wood product storage. To the ex- The term ‘Federal land management agencies’ this title. tent practicable, the analysis shall consider— means— ‘‘(c) LIMITATION.— (A) the future risks to forest carbon from ‘‘(A) the Bureau of Land Management; ‘‘(1) LIMITATION OF TRANSFER.—The assist- wildfires, insects, and disease; ‘‘(B) the National Park Service; ance available pursuant to a declaration under (B) the amount of carbon stored in products ‘‘(C) the Bureau of Indian Affairs; section 802 is limited to the transfer of the or in landfills; ‘‘(D) the United States Fish and Wildlife Serv- amount requested pursuant to section 802(b)(4). (C) the life cycle benefits of harvested wood ice; and products compared to non-renewable products; The assistance available for transfer shall not ‘‘(E) the United States Forest Service. exceed the amount contained in the wildfire and ‘‘(3) WILDFIRE SUPPRESSION OPERATIONS.—The suppression operations account established pur- (D) the energy produced from wood residues. term ‘wildfire suppression operations’ means the suant to subsection (b). (2) SUSTAINED YIELD ALTERNATIVE.—The Sec- emergency and unpredictable aspects of ‘‘(2) TRANSFER OF FUNDS.—Funds under this retary of the Interior shall develop and consider wildland firefighting, including support, re- section shall be transferred from the wildfire an additional alternative that produces the sponse, emergency stabilization activities, and suppression operations account to the wildfire greater of 500 million board feet or the annual other emergency management activities of suppression subactivity of the Wildland Fire net growth on the acres classified as timberland, wildland firefighting on Federal lands (or on excluding any congressionally reserved areas. Management Account. non-Federal lands pursuant to a fire protection The projected harvest levels, as nearly as prac- ‘‘(d) PROHIBITION OF OTHER TRANSFERS.—Ex- agreement or cooperative agreement) by the Fed- ticable, shall be distributed among the Districts cept as provided in this section, no funds may eral land management agencies covered by the referred to in subsection (a) in the same propor- be transferred to or from the account established wildfire suppression subactivity of the Wildland tion as the maximum yield capacity of each such pursuant to subsection (b) to or from any other Fire Management account or the FLAME Wild- District bears to maximum yield capacity of the fund or account. fire Suppression Reserve Fund account of the planning area as a whole. ‘‘(e) REIMBURSEMENT FOR WILDFIRE SUPPRES- Federal land management agencies. (d) ADDITIONAL ANALYSIS AND PUBLIC PAR- SION OPERATIONS ON NON-FEDERAL LAND.—If TICIPATION.—The Secretary of the Interior shall ‘‘SEC. 802. PROCEDURE FOR DECLARATION OF A amounts transferred under subsection (c) are publish the reference analysis and additional MAJOR DISASTER FOR WILDFIRE ON used to conduct wildfire suppression operations FEDERAL LANDS. alternatives and analyze their environmental on non-Federal land, the respective Secretary ‘‘(a) IN GENERAL.—The Secretary of the Inte- and economic consequences in a supplemental shall— rior or the Secretary of Agriculture may submit draft environmental impact statement. The draft ‘‘(1) secure reimbursement for the cost of such a request to the President consistent with the re- environmental impact statement and supple- wildfire suppression operations conducted on quirements of this title for a declaration by the mental draft environmental impact statement the non-Federal land; and President that a major disaster for wildfire on shall be made available for public comment for ‘‘(2) transfer the amounts received as reim- Federal lands exists. a period of not less than 180 days. The Secretary bursement to the wildfire suppression operations shall respond to any comments received before ‘‘(b) REQUIREMENTS.—A request for a declaration by the President that a major disaster for account established pursuant to subsection (b). making a final decision between all alternatives. ‘‘(f) ANNUAL ACCOUNTING AND REPORTING RE- (e) RULE OF CONSTRUCTION.—Nothing in this wildfire on Federal lands exists shall— ‘‘(1) be made in writing by the respective Sec- QUIREMENTS.—Not later than 90 days after the section shall affect the obligation of the Sec- end of each fiscal year for which assistance is retary of the Interior to manage the timberlands retary; ‘‘(2) certify that the amount appropriated in received pursuant to this section, the respective as required by the Act of August 28, 1937 (50 Secretary shall submit to the Committees on Ag- Stat. 874; 43 U.S.C. 1181a–1181j). the current fiscal year for wildfire suppression operations of the Federal land management riculture, Appropriations, the Budget, Natural SEC. 810. LANDSCAPE-SCALE FOREST RESTORA- agencies under the jurisdiction of the respective Resources, and Transportation and Infrastruc- TION PROJECT. ture of the House of Representatives and the The Secretary of Agriculture shall develop Secretary, net of any concurrently enacted re- Committees on Agriculture, Nutrition, and For- and implement at least one landscape-scale for- scissions of wildfire suppression funds, increases estry, Appropriations, the Budget, Energy and est restoration project that includes, as a de- the total unobligated balance of amounts avail- Natural Resources, Homeland Security and Gov- fined purpose of the project, the generation of able for wildfire suppression by an amount ernmental Affairs, and Indian Affairs of the material that will be used to promote advanced equal to or greater than the average total costs Senate, and make available to the public, a re- wood products. The project shall be developed incurred by the Federal land management agen- port that includes the following: through a collaborative process. cies per year for wildfire suppression operations, including the suppression costs in excess of ap- ‘‘(1) The risk-based factors that influenced TITLE IX—MAJOR DISASTER FOR management decisions regarding wildfire sup- WILDFIRE ON FEDERAL LAND propriated amounts, over the previous ten fiscal years; pression operations of the Federal land manage- SEC. 901. WILDFIRE ON FEDERAL LANDS. ‘‘(3) certify that the amount available for ment agencies under the jurisdiction of the Sec- Section 102(2) of the Robert T. Stafford Dis- wildfire suppression operations of the Federal retary concerned. aster Relief and Emergency Assistance Act (42 land management agencies under the jurisdic- ‘‘(2) Specific discussion of a statistically sig- U.S.C. 5122(2)) is amended— nificant sample of large fires, in which each fire (1) by striking ‘‘(2)’’ and all that follows tion of the respective Secretary will be obligated not later than 30 days after such Secretary noti- is analyzed for cost drivers, effectiveness of risk through ‘‘means’’ and inserting the following: management techniques, resulting positive or ‘‘(2) MAJOR DISASTER.— fies the President that wildfire suppression negative impacts of fire on the landscape, im- ‘‘(A) MAJOR DISASTER.—The term ‘major dis- funds will be exhausted to fund ongoing and pact of investments in preparedness, suggested aster’ means’’; and anticipated wildfire suppression operations re- (2) by adding at the end the following: lated to the wildfire on which the request for corrective actions, and such other factors as the ‘‘(B) MAJOR DISASTER FOR WILDFIRE ON FED- the declaration of a major disaster for wildfire respective Secretary considers appropriate. ERAL LANDS.—The term ‘major disaster for wild- on Federal lands pursuant to this title is based; ‘‘(3) Total expenditures for wildfire suppres- fire on Federal lands’ means any wildfire or and sion operations of the Federal land management wildfires, which in the determination of the ‘‘(4) specify the amount required in the cur- agencies under the jurisdiction of the respective President under section 802 warrants assistance rent fiscal year to fund wildfire suppression op- Secretary, broken out by fire sizes, cost, regional under section 803 to supplement the efforts and erations related to the wildfire on which the relocation, and such other factors as the such Sec- resources of the Department of the Interior or quest for the declaration of a major disaster for retary considers appropriate. the Department of Agriculture— wildfire on Federal lands pursuant to this title ‘‘(4) Lessons learned. ‘‘(i) on Federal lands; or is based. ‘‘(5) Such other matters as the respective Sec- ‘‘(ii) on non-Federal lands pursuant to a fire ‘‘(c) DECLARATION.—Based on the request of retary considers appropriate. protection agreement or cooperative agree- the respective Secretary under this title, the ‘‘(g) SAVINGS PROVISION.—Nothing in this title ment.’’. President may declare that a major disaster for shall limit the Secretary of the Interior, the Sec- SEC. 902. DECLARATION OF A MAJOR DISASTER wildfire on Federal lands exists. retary of Agriculture, Indian tribe, or a State FOR WILDFIRE ON FEDERAL LANDS. ‘‘SEC. 803. WILDFIRE ON FEDERAL LANDS ASSIST- from receiving assistance through a declaration The Robert T. Stafford Disaster Relief and ANCE. made by the President under this Act when the Emergency Assistance Act (42 U.S.C. 5170 et ‘‘(a) IN GENERAL.—In a major disaster for criteria for such declaration have been met.’’. seq.) is amended by adding at the end the fol- wildfire on Federal lands, the President may SEC. 903. PROHIBITION ON TRANSFERS. lowing: transfer funds, only from the account estab- No funds may be transferred to or from the ‘‘TITLE VIII—MAJOR DISASTER FOR lished pursuant to subsection (b), to the Sec- Federal land management agencies’ wildfire WILDFIRE ON FEDERAL LAND retary of the Interior or the Secretary of Agri- suppression operations accounts referred to in ‘‘SEC. 801. DEFINITIONS. culture to conduct wildfire suppression oper- section 801(3) of the Robert T. Stafford Disaster ‘‘As used in this title— ations on Federal lands (and non-Federal lands Relief and Emergency Assistance Act to or from

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3155 any account or subactivity of the Federal land the Delta and north of the Tehachapi mountain opinion on the Long-Term Operational Criteria management agencies, as defined in section range, if it is assumed that a water supply def- and Plan for coordination of the Central Valley 801(2) of such Act, that is not used to cover the icit is the difference between reliable water sup- Project and State Water Project issued by the cost of wildfire suppression operations. plies, including maximum water contract deliv- United States Fish and Wildlife Service on De- DIVISION C—NATURAL RESOURCES eries, safe yield of groundwater, safe yield of cember 15, 2008. TITLE I—WESTERN WATER AND AMERICAN local and surface supplies and long-term con- (10) STATE.—The term ‘‘State’’ means the FOOD SECURITY ACT tracted water transfers, and water demands, in- State of California. cluding water demands from agriculture, munic- SEC. 1001. SHORT TITLE. Subtitle A—ADJUSTING DELTA SMELT ipal and industrial and refuge contractors, then This title may be cited as the ‘‘Western Water MANAGEMENT BASED ON INCREASED the water supply deficit ranges between ap- and American Food Security Act of 2015’’. REAL-TIME MONITORING AND UPDATED proximately 2,500,000 to 2,700,000 acre-feet. SCIENCE SEC. 1002. FINDINGS. (11) Data of pumping activities at the Central Congress finds as follows: SEC. 1011. DEFINITIONS. (1) As established in the Proclamation of a Valley Project and State Water Project delta pumps identifies that, on average from Water In this subtitle: State of Emergency issued by the Governor of (1) DIRECTOR.—The term ‘‘Director’’ means Year 2009 to Water Year 2014, take of Delta the State on January 17, 2014, the State is expe- the Director of the United States Fish and Wild- smelt is 80 percent less than allowable take lev- riencing record dry conditions. life Service. els under the biological opinion issued December (2) Extremely dry conditions have persisted in (2) DELTA SMELT.—The term ‘‘Delta smelt’’ 15, 2008. the State since 2012, and the drought conditions means the fish species with the scientific name (12) Data of field sampling activities of the are likely to persist into the future. Hypomesus transpacificus. Interagency Ecological Program located in the (3) The water supplies of the State are at (3) SECRETARY.—The term ‘‘Secretary’’ means Sacramento-San Joaquin Estuary identifies record-low levels, as indicated by the fact that the Secretary of the Interior. that, on average from 2005 to 2013, the program all major Central Valley Project reservoir levels (4) COMMISSIONER.—The term ‘‘Commissioner’’ ‘‘takes’’ 3,500 delta smelt during annual surveys were at 20–35 percent of capacity as of Sep- means the Commissioner of the Bureau of Rec- with an authorized ‘‘take’’ level of 33,480 delta tember 25, 2014. lamation. (4) The lack of precipitation has been a sig- smelt annually—according to the biological nificant contributing factor to the 6,091 fires ex- opinion issued December 9, 1997. SEC. 1012. REVISE INCIDENTAL TAKE LEVEL CAL- (13) In 2015, better information exists than CULATION FOR DELTA SMELT TO RE- perienced in the State as of September 15, 2014, FLECT NEW SCIENCE. was known in 2008 concerning conditions and and which covered nearly 400,000 acres. (a) REVIEW AND MODIFICATION.—Not later (5) According to a study released by the Uni- operations that may or may not lead to high sal- than October 1, 2016, and at least every five versity of California, Davis in July 2014, the vage events that jeopardize the fish populations, years thereafter, the Director, in cooperation drought has led to the fallowing of 428,000 acres and what alternative management actions can with other Federal, State, and local agencies, of farmland, loss of $810 million in crop revenue, be taken to avoid jeopardy. shall use the best scientific and commercial data loss of $203 million in dairy and other livestock (14) Alternative management strategies, re- available to complete a review and, modify the value, and increased groundwater pumping moving non-native species, enhancing habitat, method used to calculate the incidental take lev- costs by $454 million. The statewide economic monitoring fish movement and location in real- els for adult and larval/juvenile Delta smelt in costs are estimated to be $2.2 billion, with over time, and improving water quality in the Delta the smelt biological opinion that takes into ac- 17,000 seasonal and part-time agricultural jobs can contribute significantly to protecting and count all life stages, among other consider- lost. recovering these endangered fish species, and at ations— (6) CVPIA Level II water deliveries to refuges potentially lower costs to water supplies. (1) salvage information collected since at least have also been reduced by 25 percent in the (15) Resolution of fundamental policy ques- 1993; north of Delta region, and by 35 percent in the tions concerning the extent to which application (2) updated or more recently developed statis- south of Delta region. of the Endangered Species Act of 1973 affects tical models; (7) Only one-sixth of the usual acres of rice the operation of the Central Valley Project and (3) updated scientific and commercial data; fields are being flooded this fall, which leads to State Water Project is the responsibility of Con- and a significant decline in habitat for migratory gress. birds and an increased risk of disease at the re- (4) the most recent information regarding the SEC. 1003. DEFINITIONS. environmental factors affecting Delta smelt sal- maining wetlands due to overcrowding of such In this title: birds. vage. (1) DELTA.—The term ‘‘Delta’’ means the Sac- (8) The drought of 2013 through 2014 con- (b) MODIFIED INCIDENTAL TAKE LEVEL.—Un- ramento-San Joaquin Delta and the Suisun stitutes a serious emergency that poses imme- less the Director determines in writing that one Marsh, as defined in sections 12220 and 29101 of diate and severe risks to human life and safety or more of the requirements described in para- the California Public Resources Code. and to the environment throughout the State. graphs (1) through (4) are not appropriate, the (2) EXPORT PUMPING RATES.—The term ‘‘ex- (9) The serious emergency described in para- modified incidental take level described in sub- port pumping rates’’ means the rates of pumping graph (4) requires— section (a) shall— (A) immediate and credible action that re- at the C.W. ‘‘Bill’’ Jones Pumping Plant and the (1) be normalized for the abundance of spects the complexity of the water system of the Harvey O. Banks Pumping Plant, in the south- prespawning adult Delta smelt using the Fall State and the importance of the water system to ern Delta. Midwater Trawl Index or other index; the entire State; and (3) LISTED FISH SPECIES.—The term ‘‘listed fish (2) be based on a simulation of the salvage (B) policies that do not pit stakeholders species’’ means listed salmonid species and the that would have occurred from 1993 through against one another, which history shows only Delta smelt. 2012 if OMR flow has been consistent with the leads to costly litigation that benefits no one (4) LISTED SALMONID SPECIES.—The term ‘‘list- smelt biological opinions; and prevents any real solutions. ed salmonid species’’ means natural origin (3) base the simulation on a correlation be- (10) Data on the difference between water de- steelhead, natural origin genetic spring run Chi- tween annual salvage rates and historic water mand and reliable water supplies for various re- nook, and genetic winter run Chinook salmon clarity and OMR flow during the adult salvage gions of California south of the Delta, including including hatchery steelhead or salmon popu- period; and the San Joaquin Valley, indicate there is a sig- lations within the evolutionary significant unit (4) set the incidental take level as the 80 per- nificant annual gap between reliable water sup- (ESU) or distinct population segment (DPS). cent upper prediction interval derived from sim- plies to meet agricultural, municipal and indus- (5) NEGATIVE IMPACT ON THE LONG-TERM SUR- ulated salvage rates since at least 1993. trial, groundwater, and refuges water needs VIVAL.—The term ‘‘negative impact on the long- SEC. 1013. FACTORING INCREASED REAL-TIME within the Delta Division, San Luis Unit and term survival’’ means to reduce appreciably the MONITORING AND UPDATED Friant Division of the Central Valley Project likelihood of the survival of a listed species in SCIENCE INTO DELTA SMELT MAN- and the State Water Project south of the Sac- the wild by reducing the reproduction, numbers, AGEMENT. ramento-San Joaquin River Delta and the de- or distribution of that species. (a) IN GENERAL.—The Director shall use the mands of those areas. This gap varies depending (6) OMR.—The term ‘‘OMR’’ means the Old best scientific and commercial data available to on the methodology of the analysis performed, and Middle River in the Delta. implement, continuously evaluate, and refine or but can be represented in the following ways: (7) OMR FLOW OF ¥5,000 CUBIC FEET PER SEC- amend, as appropriate, the reasonable and pru- (A) For Central Valley Project South-of-Delta OND.—The term ‘‘OMR flow of ¥5,000 cubic feet dent alternative described in the smelt biological water service contractors, if it is assumed that a per second’’ means Old and Middle River flow of opinion, and any successor opinions or court water supply deficit is the difference in the negative 5,000 cubic feet per second as described order. The Secretary shall make all significant amount of water available for allocation versus in— decisions under the smelt biological opinion, or the maximum contract quantity, then the water (A) the smelt biological opinion; and any successor opinions that affect Central Val- supply deficits that have developed from 1992 to (B) the salmonid biological opinion. ley Project and State Water Project operations, 2014 as a result of legislative and regulatory (8) SALMONID BIOLOGICAL OPINION.—The term in writing, and shall document the significant changes besides natural variations in hydrology ‘‘salmonid biological opinion’’ means the bio- facts upon which such decisions are made, con- during this timeframe range between 720,000 and logical opinion issued by the National Marine sistent with section 706 of title 5, United States 1,100,000 acre-feet. Fisheries Service on June 4, 2009. Code. (B) For Central Valley Project and State (9) SMELT BIOLOGICAL OPINION.—The term (b) INCREASED MONITORING TO INFORM REAL- Water Project water service contractors south of ‘‘smelt biological opinion’’ means the biological TIME OPERATIONS.—The Secretary shall conduct

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additional surveys, on an annual basis at the (e) SCIENTIFICALLY SUPPORTED IMPLEMENTA- (g) CALCULATION OF REVERSE FLOW IN appropriate time of the year based on environ- TION OF OMR FLOW REQUIREMENTS.—In imple- OMR.—Within 90 days of the enactment of this mental conditions, in collaboration with other menting the provisions of the smelt biological title, the Secretary is directed, in consultation Delta science interests. opinion, or any successor biological opinion or with the California Department of Water Re- (1) In implementing this section, the Secretary court order, pertaining to management of resources to revise the method used to calculate shall— verse flow in the Old and Middle Rivers, the reverse flow in Old and Middle Rivers for imple- (A) use the most accurate survey methods Secretary shall— mentation of the reasonable and prudent alter- available for the detection of Delta smelt to de- (1) consider the relevant provisions of the bio- natives in the smelt biological opinion and the termine the extent that adult Delta smelt are logical opinion or any successor biological opin- salmonid biological opinion, and any succeeding distributed in relation to certain levels of tur- ion; biological opinions, for the purpose of increas- bidity, or other environmental factors that may (2) to maximize Central Valley project and ing Central Valley Project and State Water influence salvage rate; and State Water Project water supplies, manage ex- Project water supplies. The method of calcu- (B) use results from appropriate survey meth- port pumping rates to achieve a reverse OMR lating reverse flow in Old and Middle Rivers ¥ ods for the detection of Delta smelt to determine flow rate of 5,000 cubic feet per second unless shall be reevaluated not less than every five how the Central Valley Project and State Water information developed by the Secretary under years thereafter to achieve maximum export Project may be operated more efficiently to mini- paragraphs (3) and (4) leads the Secretary to pumping rates within limits established by the mize salvage while maximizing export pumping reasonably conclude that a less negative OMR smelt biological opinion, the salmonid biological rates without causing a significant negative im- flow rate is necessary to avoid a negative impact opinion, and any succeeding biological opin- pact on the long-term survival of the Delta on the long-term survival of the Delta smelt. If ions. information available to the Secretary indicates smelt. Subtitle B—ENSURING SALMONID MAN- (2) During the period beginning on December that a reverse OMR flow rate more negative AGEMENT IS RESPONSIVE TO NEW 1, 2015, and ending March 31, 2016, and in each than ¥5,000 cubic feet per second can be estab- SCIENCE successive December through March period, if lished without an imminent negative impact on suspended sediment loads enter the Delta from the long-term survival of the Delta smelt, the SEC. 1021. DEFINITIONS. the Sacramento River and the suspended sedi- Secretary shall manage export pumping rates to In this subtitle: ment loads appear likely to raise turbidity levels achieve that more negative OMR flow rate; (1) ASSISTANT ADMINISTRATOR.—The term ‘‘As- in the Old River north of the export pumps from (3) document in writing any significant facts sistant Administrator’’ means the Assistant Ad- values below 12 Nephelometric Turbidity Units about real-time conditions relevant to the deter- ministrator of the National Oceanic and Atmos- (NTU) to values above 12 NTU, the Secretary minations of OMR reverse flow rates, includ- pheric Administration for Fisheries. shall— ing— (2) SECRETARY.—The term ‘‘Secretary’’ means (A) whether targeted real-time fish monitoring (A) conduct daily monitoring using appro- the Secretary of Commerce. in the Old River pursuant to this section, in- priate survey methods at locations including, (3) OTHER AFFECTED INTERESTS.—The term cluding monitoring in the vicinity of Station but not limited to, the vicinity of Station 902 to ‘‘other affected interests’’ means the State of 902, indicates that a significant negative impact determine the extent that adult Delta smelt are California, Indian tribes, subdivisions of the on the long-term survival of the Delta smelt is moving with turbidity toward the export pumps; State of California, public water agencies and imminent; and those who benefit directly and indirectly from and (B) whether near-term forecasts with avail- (B) use results from the monitoring surveys the operations of the Central Valley Project and able salvage models show under prevailing con- the State Water Project. referenced in paragraph (A) to determine how ditions that OMR flow of ¥5,000 cubic feet per increased trawling can inform daily real-time (4) COMMISSIONER.—The term ‘‘Commissioner’’ second or higher will cause a significant nega- means the Commissioner of the Bureau of Rec- Central Valley Project and State Water Project tive impact on the long-term survival of the operations to minimize salvage while maximizing lamation. Delta smelt; (5) DIRECTOR.—The term ‘‘Director’’ means export pumping rates without causing a signifi- (4) show in writing that any determination to the Director of the United States Fish and Wild- cant negative impact on the long-term survival manage OMR reverse flow at rates less negative life Service. of the Delta smelt. than ¥5,000 cubic feet per second is necessary to (c) PERIODIC REVIEW OF MONITORING.—With- avoid a significant negative impact on the long- SEC. 1022. PROCESS FOR ENSURING SALMONID in 12 months of the date of enactment of this MANAGEMENT IS RESPONSIVE TO term survival of the Delta smelt, including an NEW SCIENCE. title, and at least once every 5 years thereafter, explanation of the data examined and the con- (a) GENERAL DIRECTIVE.—The reasonable and the Secretary shall— nection between those data and the choice (1) evaluate whether the monitoring program prudent alternative described in the salmonid made, after considering— biological opinion allows for and anticipates ad- under subsection (b), combined with other moni- (A) the distribution of Delta smelt throughout justments in Central Valley Project and State toring programs for the Delta, is providing suffi- the Delta; cient data to inform Central Valley Project and (B) the potential effects of documented, quan- Water Project operation parameters to reflect State Water Project operations to minimize sal- tified entrainment on subsequent Delta smelt the best scientific and commercial data cur- vage while maximizing export pumping rates abundance; rently available, and authorizes efforts to test without causing a significant negative impact (C) the water temperature; and evaluate improvements in operations that on the long-term survival of the Delta smelt; (D) other significant factors relevant to the will meet applicable regulatory requirements and determination; and and maximize Central Valley Project and State (2) determine whether the monitoring efforts (E) whether any alternative measures could Water Project water supplies and reliability. Im- should be changed in the short or long term to have a substantially lesser water supply impact; plementation of the reasonable and prudent al- provide more useful data. and ternative described in the salmonid biological (d) DELTA SMELT DISTRIBUTION STUDY.— (5) for any subsequent biological opinion, opinion shall be adjusted accordingly as new (1) IN GENERAL.—No later than January 1, make the showing required in paragraph (4) for scientific and commercial data are developed. 2016, and at least every five years thereafter, the any determination to manage OMR reverse flow The Commissioner and the Assistant Adminis- Secretary, in collaboration with the California at rates less negative than the most negative trator shall fully utilize these authorities as de- Department of Fish and Wildlife, the California limit in the biological opinion if the most nega- scribed below. Department of Water Resources, public water tive limit in the biological opinion is more nega- (b) ANNUAL REVIEWS OF CERTAIN CENTRAL agencies, and other interested entities, shall im- tive than ¥5,000 cubic feet per second. VALLEY PROJECT AND STATE WATER PROJECT plement new targeted sampling and monitoring (f) MEMORANDUM OF UNDERSTANDING.—No OPERATIONS.—No later than December 31, 2016, specifically designed to understand Delta smelt later than December 1, 2015, the Commissioner and at least annually thereafter: abundance, distribution, and the types of habi- and the Director will execute a Memorandum of (1) The Commissioner, with the assistance of tat occupied by Delta smelt during all life Understanding (MOU) to ensure that the smelt the Assistant Administrator, shall examine and stages. biological opinion is implemented in a manner identify adjustments to the initiation of Action (2) SAMPLING.—The Delta smelt distribution that maximizes water supply while complying IV.2.3 as set forth in the Biological Opinion and study shall, at a minimum— with applicable laws and regulations. If that Conference Opinion on the Long-Term Oper- (A) include recording water quality and tidal MOU alters any procedures set out in the bio- ations of the Central Valley Project and State data; logical opinion, there will be no need to reini- Water Project, Endangered Species Act Section 7 (B) be designed to understand Delta smelt tiate consultation if those changes will not have Consultation, issued by the National Marine abundance, distribution, habitat use, and move- a significant negative impact on the long-term Fisheries Service on June 4, 2009, pertaining to ment throughout the Delta, Suisun Marsh, and survival on listed species and the implementa- negative OMR flows, subject to paragraph (5). other areas occupied by the Delta smelt during tion of the MOU would not be a major change (2) The Commissioner, with the assistance of all seasons; to implementation of the biological opinion. Any the Assistant Administrator, shall examine and (C) consider areas not routinely sampled by change to procedures that does not create a sig- identify adjustments in the timing, triggers or existing monitoring programs, including wetland nificant negative impact on the long-term sur- other operational details relating to the imple- channels, near-shore water, depths below 35 vival to listed species will not alter application mentation of pumping restrictions in Action feet, and shallow water; and of the take permitted by the incidental take IV.2.1 pertaining to the inflow to export ratio, (D) use survey methods, including sampling statement in the biological opinion under sec- subject to paragraph (5). gear, best suited to collect the most accurate tion 7(o)(2) of the Endangered Species Act of (3) Pursuant to the consultation and assess- data for the type of sampling or monitoring. 1973. ments carried out under paragraphs (1) and (2)

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3157 of this subsection, the Commissioner and the As- fied within Action IV.2.1 as compared to the re- cubic feet per second within the time period Ac- sistant Administrator shall jointly make rec- strictions in the April/May period imposed by tion IV.2.3 is applicable. ommendations to the Secretary of the Interior the State Water Resources Control Board deci- (B) Through restrictions on export pumping and to the Secretary on adjustments to project sion D–1641, based on a given rate of San Joa- rates as specified by Action IV.2.3, as compared operations that, in the exercise of the adaptive quin River inflow to the Delta and holding to a modification of Action IV.2.3 that would management provisions of the salmonid biologi- other relevant factors constant; provide additional water supplies, other than cal opinion, will reduce water supply impacts of (3) through physical habitat restoration im- that described in subparagraph (A). the salmonid biological opinion on the Central provements; (C) Through San Joaquin River inflow to ex- Valley Project and the California State Water (4) through predation control programs; port restrictions on export pumping rates speci- Project and are consistent with the requirements (5) through the installation of temporary bar- fied within Action IV.2.1, as compared to the re- of applicable law and as further described in riers, the management of Cross Channel Gates strictions in the April/May period imposed by subsection (c). operations, and other projects affecting flow in the State Water Resources Control Board deci- (4) The Secretary and the Secretary of the In- the Delta; sion D–1641. terior shall direct the Commissioner and Assist- (6) through salvaging fish that have been en- (D) Through San Joaquin River inflow to ex- ant Administrator to implement recommended trained near the entrance to Clifton Court port restrictions on export pumping rates speci- adjustments to Central Valley Project and State Forebay; fied within Action IV.2.1, as compared to a Water Project operations for which the condi- (7) through any other management measures modification of Action IV.2.1 that would reduce tions under subsection (c) are met. that may provide equivalent or better protec- water supply impacts of the salmonid biological (5) The Assistant Administrator and the Com- tions for listed species while maximizing export opinion on the Central Valley Project and the missioner shall review and identify adjustments pumping rates without causing a significant California State Water Project, other than that to Central Valley Project and State Water negative impact on the long-term survival of a described in subparagraph (C). Project operations with water supply restric- listed salmonid species; and (3) If the Assistant Administrator identifies an tions in any successor biological opinion to the (8) through development and implementation equivalent alternative measure pursuant to salmonid biological opinion, applying the provi- of conservation hatchery programs for salmon paragraph (2), the Assistant Administrator shall sions of this section to those water supply re- and steelhead to aid in the recovery of listed determine whether— strictions where there are references to Actions salmon and steelhead species. (A) it is technically feasible and within Fed- IV.2.1 and IV.2.3. (f) SURVIVAL ESTIMATES.— eral jurisdiction to implement the equivalent al- (c) IMPLEMENTATION OF OPERATIONAL ADJUST- (1) To the maximum extent practicable, the ternative measure; MENTS.—After reviewing the recommendations Assistant Administrator shall make quantitative (B) the State of California, or subdivision under subsection (b), the Secretary of the Inte- estimates of survival such as a range of percent- thereof, or local agency with jurisdiction has rior and the Secretary shall direct the Commis- age increases in through-Delta survival that certified in writing within 10 calendar days to sioner and the Assistant Administrator to imple- could result from the management measures, the Assistant Administrator that it has the au- ment those operational adjustments, or any and if the scientific information is lacking for thority and capability to implement the perti- combination, for which, in aggregate— quantitative estimates, shall do so on qualitative nent equivalent alternative measure; or (1) the net effect on listed species is equivalent terms based upon the best available science. (C) the adverse consequences of doing so are to those of the underlying project operational (2) If the Assistant Administrator provides less than the adverse consequences of the equiv- parameters in the salmonid biological opinion, qualitative survival estimates for a species re- alent existing measure, including a concise eval- taking into account both— sulting from one or more management measures, (A) efforts to minimize the adverse effects of uation of the adverse consequences to other af- the Secretary shall, to the maximum extent fea- the adjustment to project operations; and fected interests. (B) whatever additional actions or measures sible, rank the management measures described (4) If the Assistant Administrator makes the may be implemented in conjunction with the ad- in subsection (e) in terms of their most likely ex- determinations in subparagraph (3)(A) or (3)(B), justments to operations to offset the adverse ef- pected contribution to increased through-Delta the Commissioner shall adjust project operations fects to listed species, consistent with (d), that survival relative to the other measures. to implement the equivalent alternative measure are in excess of the adverse effects of the under- (3) If at the time the Assistant Administrator in place of the equivalent existing measure in lying operational parameters, if any; and conducts the reviews under subsection (b), the order to increase export rates of pumping to the (2) the effects of the adjustment can be rea- Secretary has not issued an estimate of in- greatest extent possible while maintaining a net sonably expected to fall within the incidental creased through-Delta survival from different combined effect of equivalent through-Delta sur- take authorizations. management measures pursuant to subsection vival rates for the listed salmonid species. (d) EVALUATION OF OFFSETTING MEASURES.— (e), the Secretary shall compare the protections (h) TRACKING ADVERSE EFFECTS BEYOND THE When examining and identifying opportunities to the species from different management meas- RANGE OF EFFECTS ACCOUNTED FOR IN THE to offset the potential adverse effect of adjust- ures based on the best scientific and commercial SALMONID BIOLOGICAL OPINION AND COORDI- ments to operations under subsection (c)(1)(B), data available at the time. NATED OPERATION WITH THE DELTA SMELT BIO- the Commissioner and the Assistant Adminis- (g) COMPARISON OF ADVERSE CONSEQUENCES LOGICAL OPINION.— trator shall take into account the potential spe- FOR ALTERNATIVE MANAGEMENT MEASURES OF (1) Among the adjustments to the project oper- cies survival improvements that are likely to re- EQUIVALENT PROTECTION FOR A SPECIES.— ations considered through the adaptive manage- sult from other measures which, if implemented (1) For the purposes of this subsection and ment process under this section, the Assistant in conjunction with such adjustments, would subsection (c)— Administrator and the Commissioner shall— offset adverse effects, if any, of the adjustments. (A) the alternative management measure or (A) evaluate the effects on listed salmonid spe- When evaluating offsetting measures, the Com- combination of alternative management meas- cies and water supply of the potential adjust- missioner and the Assistant Administrator shall ures identified in paragraph (2) shall be known ment to operational criteria described in sub- consider the type, timing and nature of the ad- as the ‘‘equivalent alternative measure’’; paragraph (B); and verse effects, if any, to specific species and en- (B) the existing measure or measures identi- (B) consider requiring that before some or all sure that the measures likely provide equivalent fied in subparagraphs (2) (A), (B), (C), or (D) of the provisions of Actions IV.2.1. or IV.2.3 are overall benefits to the listed species in the aggre- shall be known as the ‘‘equivalent existing imposed in any specific instance, the Assistant gate, as long as the change will not cause a sig- measure’’; and Administrator show that the implementation of nificant negative impact on the long-term sur- (C) an ‘‘equivalent increase in through-Delta these provisions in that specific instance is nec- vival of a listed salmonid species. survival rates for listed salmonid species’’ shall essary to avoid a significant negative impact on (e) FRAMEWORK FOR EXAMINING OPPORTUNI- mean an increase in through-Delta survival the long-term survival of a listed salmonid spe- TIES TO MINIMIZE OR OFFSET THE POTENTIAL rates that is equivalent when considering the cies. ADVERSE EFFECT OF ADJUSTMENTS TO OPER- change in through-Delta survival rates for the (2) The Assistant Administrator, the Director, ATIONS.—Not later than December 31, 2015, and listed salmonid species in the aggregate, and not and the Commissioner, in coordination with every five years thereafter, the Assistant Admin- the same change for each individual species, as State officials as appropriate, shall establish istrator shall, in collaboration with the Director long as the change in survival rates will not operational criteria to coordinate management of the California Department of Fish and Wild- cause a significant negative impact on the long- of OMR flows under the smelt and salmonid bio- life, based on the best scientific and commercial term survival of a listed salmonid species. logical opinions, in order to take advantage of data available and for each listed salmonid spe- (2) As part of the reviews of project operations opportunities to provide additional water sup- cies, issue estimates of the increase in through- pursuant to subsection (b), the Assistant Admin- plies from the coordinated implementation of the Delta survival the Secretary expects to be istrator shall determine whether any alternative biological opinions. achieved— management measures or combination of alter- (3) The Assistant Administrator and the Com- (1) through restrictions on export pumping native management measures listed in sub- missioner shall document the effects of any rates as specified by Action IV.2.3 as compared section (e) (3) through (8) would provide an in- adaptive management decisions related to the to limiting OMR flow to a fixed rate of ¥5,000 crease in through-Delta survival rates for listed coordinated operation of the smelt and salmonid cubic feet per second within the time period Ac- salmonid species that is equivalent to the in- biological opinions that prioritizes the mainte- tion IV.2.3 is applicable, based on a given rate crease in through-Delta survival rates for listed nance of one species at the expense of the other. of San Joaquin River inflow to the Delta and salmonid species from the following: (i) REAL-TIME MONITORING AND MANAGE- holding other relevant factors constant; (A) Through restrictions on export pumping MENT.—Notwithstanding the calendar based (2) through San Joaquin River inflow to ex- rates as specified by Action IV.2.3, as compared triggers described in the salmonid biological port restrictions on export pumping rates speci- to limiting OMR flow to a fixed rate of ¥5,000 opinion Reasonable and Prudent Alternative

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(RPA), the Assistant Administrator and the (d) FUNDING.— crappie, bluegill, white and channel catfish, Commissioner shall not limit OMR reverse flow (1) IN GENERAL.—The districts shall be respon- and brown bullheads. to ¥5,000 cubic feet per second unless current sible for 100 percent of the cost of the program. (c) SUNSET.—The authorities provided under monitoring data indicate that this OMR flow (2) CONTRIBUTED FUNDS.—The Secretary may this subsection shall expire seven years after the limitation is reasonably required to avoid a sig- accept and use contributions of funds from the Secretaries commence implementation of the nificant negative impact on the long-term sur- districts to carry out activities under the pro- pilot projects pursuant to subsection (a). vival of a listed salmonid species. gram. (d) EMERGENCY ENVIRONMENTAL REVIEWS.— (j) EVALUATION AND IMPLEMENTATION OF (3) ESTIMATION OF COST.—On or before De- To expedite the environmentally beneficial pro- MANAGEMENT MEASURES.—If the quantitative cember 1 of each year of the program, the Sec- grams for the conservation of threatened and estimates of through-Delta survival established retary shall submit to the districts an estimate of endangered species, the Secretaries shall consult by the Secretary for the adjustments in sub- the cost to be incurred by the National Marine with the Council on Environmental Quality in section (b)(2) exceed the through-Delta survival Fisheries Service for the program in the fol- accordance with section 1506.11 of title 40, Code established for the RPAs, the Secretary shall lowing calendar year, if any, including the cost of Federal Regulations (or successor regula- evaluate and implement the management meas- of any data collection and posting under sub- tions), to develop alternative arrangements to ures in subsection (b)(2) as a prerequisite to im- section (e). If an amount equal to the estimate comply with the National Environmental Policy plementing the RPAs contained in the Salmonid is not provided through contributions pursuant Act of 1969 (42 U.S.C. 4321 et seq.) for the Biological Opinion. to paragraph (2) before December 31 of that projects pursuant to subsection (a). (k) ACCORDANCE WITH OTHER LAW.—Con- year— sistent with section 706 of title 5, United States Subtitle C—OPERATIONAL FLEXIBILITY (A) the Secretary shall have no obligation to AND DROUGHT RELIEF Code, decisions of the Assistant Administrator conduct the program activities otherwise sched- and the Commissioner described in subsections uled for such following calendar year until such SEC. 1031. DEFINITIONS. (b) through (j) shall be made in writing, on the amount is contributed by the districts; and In this subtitle: basis of best scientific and commercial data cur- (B) the districts may not conduct any aspect (1) CENTRAL VALLEY PROJECT.—The term rently available, and shall include an expla- of the program until such amount is contributed ‘‘Central Valley Project’’ has the meaning given nation of the data examined at the connection by the districts. the term in section 3403 of the Central Valley between those data and the decisions made. (4) ACCOUNTING.—On or before September 1 of Project Improvement Act (Public Law 102–575; SEC. 1023. NON-FEDERAL PROGRAM TO PROTECT each year, the Secretary shall provide to the dis- 106 Stat. 4707). NATIVE ANADROMOUS FISH IN THE tricts an accounting of the costs incurred by the (2) RECLAMATION PROJECT.—The term ‘‘Rec- STANISLAUS RIVER. Secretary for the program in the preceding cal- lamation Project’’ means a project constructed (a) ESTABLISHMENT OF NONNATIVE PREDATOR endar year. If the amount contributed by the pursuant to the authorities of the reclamation FISH REMOVAL PROGRAM.—The Secretary and districts pursuant to paragraph (2) for that year laws and whose facilities are wholly or partially the districts, in consultation with the Director, was greater than the costs incurred by the Sec- located in the State. shall jointly develop and conduct a nonnative retary, the Secretary shall— (3) SECRETARIES.—The term ‘‘Secretaries’’ predator fish removal program to remove non- (A) apply the excess contributions to costs of means— native striped bass, smallmouth bass, activities to be performed by the Secretary under (A) the Secretary of Agriculture; largemouth bass, black bass, and other non- the program, if any, in the next calendar year; (B) the Secretary of Commerce; and native predator fish species from the Stanislaus or (C) the Secretary of the Interior. River. The program shall— (B) if no such activities are to be performed, (4) STATE WATER PROJECT.—The term ‘‘State (1) be scientifically based; repay the excess contribution to the districts. Water Project’’ means the water project de- (2) include methods to quantify the number scribed by California Water Code section 11550 and size of predator fish removed each year, the (e) POSTING AND EVALUATION.—On or before the 15th day of each month, the Secretary shall et seq. and operated by the California Depart- impact of such removal on the overall abun- ment of Water Resources. dance of predator fish, and the impact of such post on the Internet website of the National Ma- rine Fisheries Service a tabular summary of the (5) STATE.—The term ‘‘State’’ means the State removal on the populations of juvenile anad- of California. romous fish found in the Stanislaus River by, raw data collected under the program in the SEC. 1032. OPERATIONAL FLEXIBILITY IN TIMES among other things, evaluating the number of preceding month. (f) IMPLEMENTATION.—The program is hereby OF DROUGHT. juvenile anadromous fish that migrate past the found to be consistent with the requirements of (a) WATER SUPPLIES.—For the period of time rotary screw trap located at Caswell; such that in any year that the Sacramento Val- (3) among other methods, use wire fyke trap- the Central Valley Project Improvement Act ley Index is 6.5 or lower, or at the request of the ping, portable resistance board weirs, and boat (Public Law 102–575). No provision, plan or defi- State of California, and until two succeeding electrofishing; and nition established or required by the Central (4) be implemented as quickly as possible fol- Valley Project Improvement Act (Public Law years following either of those events have been lowing the issuance of all necessary scientific 102–575) shall be used to prohibit the imposition completed where the final Sacramento Valley research. of the program, or to prevent the accomplish- Index is 7.8 or greater, the Secretaries shall pro- (b) MANAGEMENT.—The management of the ment of its goals. vide the maximum quantity of water supplies program shall be the joint responsibility of the (g) TREATMENT OF STRIPED BASS.—For pur- practicable to all individuals or district who re- Secretary and the districts. Such parties shall poses of the application of the Central Valley ceive Central Valley Project water under water work collaboratively to ensure the performance Project Improvement Act (title XXXIV of Public service or repayments contracts, water rights of the program, and shall discuss and agree Law 102–575) with respect to the program, settlement contracts, exchange contracts, or ref- upon, among other things, changes in the struc- striped bass shall not be treated as anadromous uge contracts or agreements entered into prior to ture, management, personnel, techniques, strat- fish. or after the date of enactment of this title; State egy, data collection, reporting, and conduct of (h) DEFINITION.—For the purposes of this sec- Water Project contractors, and any other tribe, the program. tion, the term ‘‘districts’’ means the Oakdale Ir- locality, water agency, or municipality in the (c) CONDUCT.— rigation District and the South San Joaquin Ir- State, by approving, consistent with applicable (1) IN GENERAL.—By agreement between the rigation District, California. laws (including regulations), projects and oper- Secretary and the districts, the program may be SEC. 1024. PILOT PROJECTS TO IMPLEMENT ations to provide additional water supplies as conducted by their own personnel, qualified pri- CALFED INVASIVE SPECIES PRO- quickly as practicable based on available infor- vate contractors hired by the districts, personnel GRAM. mation to address the emergency conditions. of, on loan to, or otherwise assigned to the Na- (a) IN GENERAL.—Not later than January 1, (b) ADMINISTRATION.—In carrying out sub- tional Marine Fisheries Service, or a combina- 2017, the Secretary of the Interior, in collabora- section (a), the Secretaries shall, consistent with tion thereof. tion with the Secretary of Commerce, the Direc- applicable laws (including regulations)— (2) PARTICIPATION BY THE NATIONAL MARINE tor of the California Department of Fish and (1) issue all necessary permit decisions under FISHERIES SERVICE.—If the districts elect to con- Wildlife, and other relevant agencies and inter- the authority of the Secretaries not later than 30 duct the program using their own personnel or ested parties, shall begin pilot projects to imple- days after the date on which the Secretaries re- qualified private contractors hired by them in ment the invasive species control program au- ceive a completed application from the State to accordance with paragraph (1), the Secretary thorized pursuant to section 103(d)(6)(A)(iv) of place and use temporary barriers or operable may assign an employee of, on loan to, or other- Public Law 108–361 (118 Stat. 1690). gates in Delta channels to improve water quan- wise assigned to the National Marine Fisheries (b) REQUIREMENTS.—The pilot projects shall— tity and quality for the State Water Project and Service, to be present for all activities performed (1) seek to reduce invasive aquatic vegetation, the Central Valley Project south of Delta water in the field. Such presence shall ensure compli- predators, and other competitors which con- contractors and other water users, on the condi- ance with the agreed-upon elements specified in tribute to the decline of native listed pelagic and tion that the barriers or operable gates— subsection (b). The districts shall pay the cost of anadromous species that occupy the Sacramento (A) do not result in a significant negative im- such participation in accordance with sub- and San Joaquin Rivers and their tributaries pact on the long-term survival of listed species section (d). and the Sacramento-San Joaquin Bay-Delta; within the Delta and provide benefits or have a (3) TIMING OF ELECTION.—The districts shall and neutral impact on in-Delta water user water notify the Secretary of their election on or be- (2) remove, reduce, or control the effects of quality; and fore October 15 of each calendar year of the pro- species, including Asiatic clams, silversides, (B) are designed so that formal consultations gram. Such an election shall apply to the work gobies, Brazilian water weed, water hyacinth, under section 7 of the Endangered Species Act performed in the subsequent calendar year. largemouth bass, smallmouth bass, striped bass, of 1973 (16 U.S.C. 1536) are not necessary;

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3159 (2) require the Director of the United States any time, at the discretion of the Secretary, re- contained in the biological opinion issued by the Fish and Wildlife Service and the Commissioner gardless of whether a meeting is requested under National Marine Fisheries Service on June 4, of Reclamation— paragraph (2). 2009, that are likely to produce water supply (A) to complete, not later than 30 days after (d) APPLICATION.—To the extent that a Fed- benefits without causing a significant negative the date on which the Director or the Commis- eral agency, other than the agencies headed by impact on the long-term survival of the listed sioner receives a complete written request for the Secretaries, has a role in approving projects fish species within the Delta or on water qual- water transfer, all requirements under the Na- described in subsections (a) and (b), this section ity. tional Environmental Policy Act of 1969 (42 shall apply to those Federal agencies. SEC. 1034. FLEXIBILITY FOR EXPORT/INFLOW U.S.C. 4321 et seq.) and the Endangered Species (e) LIMITATION.—Nothing in this section au- RATIO. Act of 1973 (16 U.S.C. 1531 et seq.) necessary to thorizes the Secretaries to approve projects— For the period of time such that in any year make final permit decisions on the request; and (1) that would otherwise require congressional that the Sacramento Valley index is 6.5 or lower, (B) to approve any water transfer request de- authorization; or or at the request of the State of California, and scribed in subparagraph (A) to maximize the (2) without following procedures required by until two succeeding years following either of quantity of water supplies available for non- applicable law. those events have been completed where the habitat uses, on the condition that actions asso- (f) DROUGHT PLAN.—For the period of time final Sacramento Valley Index is 7.8 or greater, ciated with the water transfer comply with ap- such that in any year that the Sacramento Val- the Commissioner of the Bureau of Reclamation plicable Federal laws (including regulations); ley index is 6.5 or lower, or at the request of the shall continue to vary the averaging period of (3) adopt a 1:1 inflow to export ratio, as meas- State of California, and until two succeeding the Delta Export/Inflow ratio pursuant to the ured as a 3-day running average at Vernalis years following either of those events have been California State Water Resources Control Board during the period beginning on April 1, and completed where the final Sacramento Valley decision D1641— ending on May 31, absent a determination in Index is 7.8 or greater, the Secretaries of Com- (1) to operate to a 35-percent Export/Inflow writing that a more restrictive inflow to export merce and the Interior, in consultation with ap- ratio with a 3-day averaging period on the ris- ratio is required to avoid a significant negative propriate State officials, shall develop a drought ing limb of a Delta inflow hydrograph; and impact on the long-term survival of a listed operations plan that is consistent with the pro- (2) to operate to a 14-day averaging period on salmonid species under the Endangered Species visions of this Act including the provisions that the falling limb of the Delta inflow hydrograph. Act of 1973 (16 U.S.C. 1531 et seq.); provided that are intended to provide additional water sup- SEC. 1035. EMERGENCY ENVIRONMENTAL RE- the 1:1 inflow to export ratio shall apply for the plies that could be of assistance during the cur- VIEWS. increment of increased flow of the San Joaquin rent drought. (a) NEPA COMPLIANCE.—To minimize the time spent carrying out environmental reviews and to River resulting from the voluntary sale, trans- SEC. 1033. OPERATION OF CROSS-CHANNEL deliver water quickly that is needed to address fers, or exchanges of water from agencies with GATES. emergency drought conditions in the State dur- rights to divert water from the San Joaquin (a) IN GENERAL.—The Secretary of Commerce ing the duration of an emergency drought dec- River or its tributaries and provided that the and the Secretary of the Interior shall jointly— laration, the Secretaries shall, in carrying out movement of the acquired, transferred, or ex- (1) authorize and implement activities to en- this Act, consult with the Council on Environ- changed water through the Delta consistent sure that the Delta Cross Channel Gates remain mental Quality in accordance with section with the Central Valley Project’s and the State open to the maximum extent practicable using 1506.11 of title 40, Code of Federal Regulations Water Project’s permitted water rights and pro- findings from the United States Geological Sur- (including successor regulations), to develop al- vided that movement of the Central Valley vey on diurnal behavior of juvenile salmonids, timed to maximize the peak flood tide period and ternative arrangements to comply with the Na- Project water is consistent with the require- tional Environmental Policy Act of 1969 (42 ments of section 3405(a)(1)(H) of the Central provide water supply and water quality benefits for the duration of the drought emergency dec- U.S.C. 4321 et seq.) during the emergency. Valley Project Improvement Act; and (b) DETERMINATIONS.—For the purposes of laration of the State, and for the period of time (4) allow and facilitate, consistent with exist- this section, a Secretary may deem a project to such that in any year that the Sacramento Val- ing priorities, water transfers through the C.W. be in compliance with all necessary environ- ley index is 6.5 or lower, or at the request of the ‘‘Bill’’ Jones Pumping Plant or the Harvey O. mental regulations and reviews if the Secretary Banks Pumping Plant from April 1 to November State of California, and until two succeeding determines that the immediate implementation 30 provided water transfers comply with State years following either of those events have been of the project is necessary to address— law, including the California Environmental completed where the final Sacramento Valley (1) human health and safety; or Quality Act. Index is 7.8 or greater, consistent with oper- (2) a specific and imminent loss of agriculture (c) ACCELERATED PROJECT DECISION AND ELE- ational criteria and monitoring criteria set forth production upon which an identifiable region VATION.— into the Order Approving a Temporary Urgency depends for 25 percent or more of its tax revenue (1) IN GENERAL.—On request by the Governor Change in License and Permit Terms in Re- used to support public services including of the State, the Secretaries shall use the expe- sponse to Drought Conditions of the California schools, fire or police services, city or county dited procedures under this subsection to make State Water Resources Control Board, effective health facilities, unemployment services or other final decisions relating to a Federal project or January 31, 2014 (or a successor order) and associated social services. operation, or to local or State projects or oper- other authorizations associated with it; SEC. 1036. INCREASED FLEXIBILITY FOR REG- ations that require decisions by the Secretary of (2) with respect to the operation of the Delta ULAR PROJECT OPERATIONS. the Interior or the Secretary of Commerce to Cross Channel Gates described in paragraph (1), The Secretaries shall, consistent with applica- provide additional water supplies if the project’s collect data on the impact of that operation ble laws (including regulations)— or operation’s purpose is to provide relief for on— (1) in coordination with the California De- emergency drought conditions pursuant to sub- (A) species listed as threatened or endangered partment of Water Resources and the California sections (a) and (b). under the Endangered Species Act of 1973 (16 Department of Fish and Wildlife, implement off- (2) REQUEST FOR RESOLUTION.— U.S.C. 1531 et seq.); site upstream projects in the Delta and upstream (A) IN GENERAL.—On request by the Governor (B) water quality; and of the Sacramento River and San Joaquin basins of the State, the Secretaries referenced in para- (C) water supply; that offset the effects on species listed as threat- graph (1), or the head of another Federal agen- (3) collaborate with the California Department ened or endangered under the Endangered Spe- cy responsible for carrying out a review of a of Water Resources to install a deflection barrier cies Act of 1973 (16 U.S.C. 1531 et seq.) due to ac- project, as applicable, the Secretary of the Inte- at Georgiana Slough in coordination with Delta tivities carried out pursuant this Act, as deter- rior shall convene a final project decision meet- Cross Channel Gate diurnal operations to pro- mined by the Secretaries; ing with the heads of all relevant Federal agen- tect migrating salmonids, consistent with knowl- (2) manage reverse flow in the Old and Middle cies to decide whether to approve a project to edge gained from activities carried out during Rivers at ¥6,100 cubic feet per second if real- provide relief for emergency drought conditions. 2014 and 2015; time monitoring indicates that flows of ¥6,100 (B) MEETING.—The Secretary of the Interior (4) evaluate the combined salmonid survival in cubic feet per second or more negative can be es- shall convene a meeting requested under sub- light of activities carried out pursuant to para- tablished for specific periods without causing a paragraph (A) not later than 7 days after the graphs (1) through (3) in deciding how to oper- significant negative impact on the long-term date on which the meeting request is received. ate the Delta Cross Channel gates to enhance survival of the Delta smelt, or if real-time moni- (3) NOTIFICATION.—On receipt of a request for salmonid survival and water supply benefits; toring does not support flows of ¥6,100 cubic a meeting under paragraph (2), the Secretary of and feet per second than manage OMR flows at the Interior shall notify the heads of all rel- (5) not later than May 15, 2016, submit to the ¥5,000 cubic feet per second subject to section evant Federal agencies of the request, including appropriate committees of the House of Rep- 1013(e)(3) and (4); and information on the project to be reviewed and resentatives and the Senate a notice and expla- (3) use all available scientific tools to identify the date of the meeting. nation on the extent to which the gates are able any changes to real-time operations of the Bu- (4) DECISION.—Not later than 10 days after to remain open. reau of Reclamation, State, and local water the date on which a meeting is requested under (b) RECOMMENDATIONS.—After assessing the projects that could result in the availability of paragraph (2), the head of the relevant Federal information collected under subsection (a), the additional water supplies. agency shall issue a final decision on the Secretary of the Interior shall recommend revi- SEC. 1037. TEMPORARY OPERATIONAL FLEXI- project, subject to subsection (e)(2). sions to the operation of the Delta Cross-Chan- BILITY FOR FIRST FEW STORMS OF (5) MEETING CONVENED BY SECRETARY.—The nel Gates, to the Central Valley Project, and to THE WATER YEAR. Secretary of the Interior may convene a final the State Water Project, including, if appro- (a) IN GENERAL.—Consistent with avoiding a project decision meeting under this subsection at priate, any reasonable and prudent alternative significant negative impact on the long-term

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3160 CONGRESSIONAL RECORD — HOUSE May 25, 2016 survival in the short term upon listed fish spe- than ¥7,500 cubic feet per second during days (A) in subparagraph (A), by striking ‘‘to com- cies beyond the range of those authorized under of temporary operational flexibility as defined in bination’’ and inserting ‘‘or combination’’; and the Endangered Species Act of 1973 and other subsection (c), the duration of such operation (B) by striking ‘‘3405(a)(2) of this title’’ each environmental protections under subsection (e), shall not be counted toward the 56 cumulative place it appears and inserting ‘‘(5)’’; the Secretaries shall authorize the Central Val- days specified in subsection (a). (5) in paragraph (5) (as so designated), by ley Project and the State Water Project, com- (f) EMERGENCY CONSULTATION; EFFECT ON adding at the end the following: bined, to operate at levels that result in negative RUNNING AVERAGES.— ‘‘(E) The contracting district from which the OMR flows at ¥7,500 cubic feet per second (1) If necessary to implement the provisions of water is coming, the agency, or the Secretary (based on United States Geological Survey this section, the Commissioner is authorized to shall determine if a written transfer proposal is gauges on Old and Middle Rivers) daily average take any action necessary to implement this sec- complete within 45 days after the date of sub- for 56 cumulative days after October 1 as de- tion for up to 56 cumulative days. If during the mission of the proposal. If the contracting dis- scribed in subsection (c). 56 cumulative days the Commissioner determines trict or agency or the Secretary determines that (b) DAYS OF TEMPORARY OPERATIONAL FLEXI- that actions necessary to implement this section the proposal is incomplete, the district or agency BILITY.—The temporary operational flexibility will exceed 56 days, the Commissioner shall use or the Secretary shall state with specificity what described in subsection (a) shall be authorized the emergency consultation procedures under must be added to or revised for the proposal to on days that the California Department of the Endangered Species Act of 1973 and its im- be complete.’’; and Water Resources determines the daily average plementing regulation at section 402.05 of title (6) in paragraph (6) (as so designated), by river flow of the Sacramento River is at, or 50, Code of Federal Regulations, to temporarily striking ‘‘3405(a)(1)(A)–(C), (E), (G), (H), (I), above, 17,000 cubic feet per second as measured adjust the operating criteria under the biologi- (L), and (M) of this title’’ and inserting ‘‘(A) at the Sacramento River at Freeport gauge cal opinions— through (C), (E), (G), (H), (I), (L), and (M) of maintained by the United States Geologic Sur- (A) solely for extending beyond the 56 cumu- paragraph (4)’’. ONFORMING AMENDMENTS.—The Central vey. lative days for additional days of temporary (b) C Valley Project Improvement Act (Public Law (c) COMPLIANCE WITH ENDANGERED SPECIES operational flexibility— 102–575) is amended— ACT AUTHORIZATIONS.—In carrying out this sec- (i) no more than necessary to achieve the pur- (1) in section 3407(c)(1) (106 Stat. 4726), by tion, the Secretaries may continue to impose any poses of this section consistent with the environ- striking ‘‘3405(a)(1)(C)’’ and inserting requirements under the smelt and salmonid bio- mental protections in subsections (d) and (e); ‘‘3405(a)(4)(C)’’; and logical opinions during any period of temporary and operational flexibility as they determine are rea- (2) in section 3408(i)(1) (106 Stat. 4729), by (ii) including, as appropriate, adjustments to striking ‘‘3405(a)(1) (A) and (J) of this title’’ and sonably necessary to avoid an additional signifi- ensure that the actual flow rates during the pe- cant negative impacts on the long-term survival inserting ‘‘subparagraphs (A) and (J) of section riods of temporary operational flexibility do not 3405(a)(4)’’. of a listed fish species beyond the range of those count toward the 5-day and 14-day running SEC. 1039. ADDITIONAL EMERGENCY CONSULTA- authorized under the Endangered Species Act of averages of tidally filtered daily OMR flow re- 1973, provided that the requirements imposed do TION. quirements under the biological opinions, or For adjustments to operating criteria other not reduce water supplies available for the Cen- (B) for other adjustments to operating criteria than under section 1038 of this subtitle or to tral Valley Project and the State Water Project. or to take other urgent actions to address water (d) OTHER ENVIRONMENTAL PROTECTIONS.— take urgent actions to address water supply supply shortages for the least amount of time or shortages for the least amount of time or volume (1) STATE LAW.—The Secretaries’ actions volume of diversion necessary as determined by under this section shall be consistent with appli- of diversion necessary as determined by the the Commissioner. Commissioner of Reclamation, no mitigation cable regulatory requirements under State law. (2) Following the conclusion of the 56 cumu- (2) FIRST SEDIMENT FLUSH.—During the first measures shall be required during any year that lative days of temporary operational flexibility, flush of sediment out of the Delta in each water the Sacramento Valley index is 6.5 or lower, or or the extended number of days covered by the year, and provided that such determination is at the request of the State of California, and emergency consultation procedures, the Commis- based upon objective evidence, OMR flow may until two succeeding years following either of sioner shall not reinitiate consultation on these be managed at rates less negative than ¥5,000 those events have been completed where the adjusted operations, and no mitigation shall be cubic feet per second for a minimum duration to final Sacramento Valley Index is 7.8 or greater, required, if the effects on listed fish species of avoid movement of adult Delta smelt and any mitigation measures imposed must be these operations under this section remain with- (Hypomesus transpacificus) to areas in the based on quantitative data and required only to in the range of those authorized under the En- southern Delta that would be likely to increase the extent that such data demonstrates actual dangered Species Act of 1973 (16 U.S.C. 1531 et entrainment at Central Valley Project and State harm to species. seq.). If the Commissioner reinitiates consulta- Water Project pumping plants. SEC. 1040. ADDITIONAL STORAGE AT NEW tion, no mitigation measures shall be required. (3) APPLICABILITY OF OPINION.—This section MELONES. shall not affect the application of the salmonid (g) LEVEL OF DETAIL REQUIRED FOR ANAL- The Commissioner of Reclamation is directed biological opinion from April 1 to May 31, unless YSIS.—In articulating the determinations re- to work with local water and irrigation districts the Secretary of Commerce finds that some or all quired under this section, the Secretaries shall in the Stanislaus River Basin to ascertain the of such applicable requirements may be adjusted fully satisfy the requirements herein but shall water storage made available by the Draft Plan during this time period to provide emergency not be expected to provide a greater level of sup- of Operations in New Melones Reservoir water supply relief without resulting in addi- porting detail for the analysis than feasible to (DRPO) for water conservation programs, con- tional adverse effects beyond those authorized provide within the short timeframe permitted for junctive use projects, water transfers, resched- under the Endangered Species Act of 1973. In timely decisionmaking in response to changing uled project water and other projects to maxi- addition to any other actions to benefit water conditions in the Delta. mize water storage and ensure the beneficial use supply, the Secretary of the Interior and the SEC. 1038. EXPEDITING WATER TRANSFERS. of the water resources in the Stanislaus River Secretary of Commerce shall consider allowing (a) IN GENERAL.—Section 3405(a) of the Cen- Basin. All such programs and projects shall be through-Delta water transfers to occur during tral Valley Project Improvement Act (Public implemented according to all applicable laws this period if they can be accomplished con- Law 102–575; 106 Stat. 4709(a)) is amended— and regulations. The source of water for any sistent with section 3405(a)(1)(H) of the Central (1) by redesignating paragraphs (1) through such storage program at New Melones Reservoir Valley Project Improvement Act. Water transfers (3) as paragraphs (4) through (6), respectively; shall be made available under a valid water solely or exclusively through the State Water (2) in the matter preceding paragraph (4) (as right, consistent with the State of California Project are not required to be consistent with so designated)— water transfer guidelines and any other appli- section 3405(a)(1)(H) of the Central Valley (A) in the first sentence, by striking ‘‘In order cable State water law. The Commissioner shall Project Improvement Act. to’’ and inserting the following: inform the Congress within 18 months setting (4) MONITORING.—During operations under ‘‘(1) IN GENERAL.—In order to’’; and forth the amount of storage made available by this section, the Commissioner of Reclamation, (B) in the second sentence, by striking ‘‘Ex- the DRPO that has been put to use under this in coordination with the Fish and Wildlife Serv- cept as provided herein’’ and inserting the fol- program, including proposals received by the ice, National Marine Fisheries Service, and lowing: Commissioner from interested parties for the California Department of Fish and Wildlife, ‘‘(3) TERMS.—Except as otherwise provided in purpose of this section. shall undertake a monitoring program and other this section’’; SEC. 1041. REGARDING THE OPERATION OF FOL- data gathering to ensure incidental take levels (3) by inserting before paragraph (3) (as so SOM RESERVOIR. are not exceeded, and to identify potential nega- designated) the following: The Secretary of the Interior, in collaboration tive impacts and actions, if any, necessary to ‘‘(2) EXPEDITED TRANSFER OF WATER.—The with the Sacramento Water Forum, shall expe- mitigate impacts of the temporary operational Secretary shall take all necessary actions to fa- dite evaluation, completion and implementation flexibility to species listed under the Endangered cilitate and expedite transfers of Central Valley of the Modified Lower American River Flow Species Act of 1973 (16 U.S.C. 1531 et seq.). Project water in accordance with— Management Standard developed by the Water (e) TECHNICAL ADJUSTMENTS TO TARGET PE- ‘‘(A) this Act; Forum in 2015 to improve water supply reli- RIOD.—If, before temporary operational flexi- ‘‘(B) any other applicable provision of the rec- ability for Central Valley Project American bility has been implemented on 56 cumulative lamation laws; and River water contractors and resource protection days, the Secretaries operate the Central Valley ‘‘(C) the National Environmental Policy Act in the lower American River during consecutive Project and the State Water Project combined at of 1969 (42 U.S.C. 4321 et seq.).’’; dry-years under current and future demand and levels that result in OMR flows less negative (4) in paragraph (4) (as so designated)— climate change conditions.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3161 SEC. 1042. APPLICANTS. propriate committees of the House of Represent- of each project once a month until the feasi- In the event that the Bureau of Reclamation atives and the Senate not later than November bility study for that project is provided to Con- or another Federal agency initiates or reiniti- 30, 2017; gress. ates consultation with the U.S. Fish and Wild- (5) complete the feasibility study described in SEC. 1054. WATER STORAGE PROJECT CONSTRUC- life Service or the National Marine Fisheries section 103(f)(1)(A) of Public Law 108–361 (118 TION. Service under section 7(a)(2) of the Endangered Stat. 1694) and submit such study to the appro- (a) PARTNERSHIP AND AGREEMENTS.—The Sec- Species Act of 1973 (16 U.S.C. 1536(a)(2)), with priate Committees of the House of Representa- retary of the Interior, acting through the Com- respect to construction or operation of the Cen- tives and the Senate not later than December 31, missioner of the Bureau of Reclamation, may tral Valley Project and State Water Project, or 2017; partner or enter into an agreement on the water any part thereof, the State Water Project con- (6) provide a progress report on the status of storage projects identified in section 103(d)(1) of tractors and the Central Valley Project contrac- the feasibility studies referred to in paragraphs the Water Supply Reliability and Environmental tors will be accorded all the rights and respon- (1) through (3) to the appropriate committees of Improvement Act (Public Law 108–361) (and sibilities extended to applicants in the consulta- the House of Representatives and the Senate not Acts supplemental and amendatory to the Act) tion process. later than 90 days after the date of the enact- with local joint powers authorities formed pur- SEC. 1043. SAN JOAQUIN RIVER SETTLEMENT. ment of this Act and each 180 days thereafter suant to State law by irrigation districts and (a) CALIFORNIA STATE LAW SATISFIED BY until December 31, 2017, as applicable. The re- other local water districts and local governments WARM WATER FISHERY.— port shall include timelines for study comple- within the applicable hydrologic region, to ad- (1) IN GENERAL.—Sections 5930 through 5948 of tion, draft environmental impact statements, vance those projects. the California Fish and Game Code, and all ap- final environmental impact statements, and (b) AUTHORIZATION FOR PROJECT.—If the Sec- plicable Federal laws, including the San Joa- Records of Decision; retary determines a project described in section quin River Restoration Settlement Act (Public (7) in conducting any feasibility study under 1052(a)(1) and (2) is feasible, the Secretary is au- Law 111–11) and the Stipulation of Settlement this Act, the reclamation laws, the Central Val- thorized to carry out the project in a manner (Natural Resources Defense Council, et al. v. ley Project Improvement Act (title XXXIV of that is substantially in accordance with the rec- Kirk Rodgers, et al., Eastern District of Cali- Public Law 102–575; 106 Stat. 4706), the Fish and ommended plan, and subject to the conditions fornia, No. Civ. S–88–1658–LKK/GGH), shall be Wildlife Coordination Act (16 U.S.C. 661 et seq.), described in the feasibility study, provided that satisfied by the existence of a warm water fish- the Endangered Species Act of 1973 (16 U.S.C. no Federal funding shall be used to construct ery in the San Joaquin River below Friant Dam, 1531 et seq.), and other applicable law, for the the project. but upstream of Gravelly Ford. purposes of determining feasibility the Secretary Subtitle E—WATER RIGHTS PROTECTIONS (2) DEFINITION OF WARM WATER FISHERY.—For shall document, delineate, and publish costs di- SEC. 1061. OFFSET FOR STATE WATER PROJECT. the purposes of this section, the term ‘‘warm rectly relating to the engineering and construc- (a) IMPLEMENTATION IMPACTS.—The Secretary tion of a water storage project separately from water fishery’’ means a water system that has of the Interior shall confer with the California the costs resulting from regulatory compliance an environment suitable for species of fish other Department of Fish and Wildlife in connection or the construction of auxiliary facilities nec- than salmon (including all subspecies) and trout with the implementation of this Act on potential essary to achieve regulatory compliance; and (including all subspecies). impacts to any consistency determination for (b) REPEAL OF THE SAN JOAQUIN RIVER SET- (8) communicate, coordinate and cooperate operations of the State Water Project issued TLEMENT.—As of the date of enactment of this with public water agencies that contract with pursuant to California Fish and Game Code sec- section, the Secretary of the Interior shall cease the United States for Central Valley Project tion 2080.1. any action to implement the San Joaquin River water and that are expected to participate in (b) ADDITIONAL YIELD.—If, as a result of the Restoration Settlement Act (subtitle A of title X the cost pools that will be created for the application of this Act, the California Depart- of Public Law 111–11) and the Stipulation of projects proposed in the feasibility studies under ment of Fish and Wildlife— Settlement (Natural Resources Defense Council, this section. (1) revokes the consistency determinations et al. v. Kirk Rodgers, et al., Eastern District of SEC. 1052. TEMPERANCE FLAT. pursuant to California Fish and Game Code sec- California, No. Civ. S–88–1658 LKK/GGH). (a) DEFINITIONS.—For the purposes of this tion 2080.1 that are applicable to the State SEC. 1044. PROGRAM FOR WATER RESCHEDULING. section: Water Project; By December 31, 2015, the Secretary of the In- (1) PROJECT.—The term ‘‘Project’’ means the (2) amends or issues one or more new consist- terior shall develop and implement a program, Temperance Flat Reservoir Project on the Upper ency determinations pursuant to California Fish including rescheduling guidelines for Shasta San Joaquin River. and Game Code section 2080.1 in a manner that and Folsom Reservoirs, to allow existing Central (2) RMP.—The term ‘‘RMP’’ means the docu- directly or indirectly results in reduced water Valley Project agricultural water service con- ment titled ‘‘Bakersfield Field Office, Record of supply to the State Water Project as compared tractors within the Sacramento River Water- Decision and Approved Resource Management with the water supply available under the smelt shed, and refuge service and municipal and in- Plan,’’ dated December 2014. biological opinion and the salmonid biological dustrial water service contractors within the (3) SECRETARY.—The term ‘‘Secretary’’ means opinion; or Sacramento River Watershed and the American the Secretary of the Interior. (3) requires take authorization under Cali- River Watershed to reschedule water, provided (b) APPLICABILITY OF RMP.—The RMP and fornia Fish and Game Code section 2081 for op- for under their Central Valley Project contracts, findings related thereto shall have no effect on eration of the State Water Project in a manner from one year to the next; provided, that the or applicability to the Secretary’s determination that directly or indirectly results in reduced program is consistent with existing rescheduling of feasibility of, or on any findings or environ- water supply to the State Water Project as com- guidelines as utilized by the Bureau of Reclama- mental review documents related to— pared with the water supply available under the tion for rescheduling water for Central Valley (1) the Project; or smelt biological opinion and the salmonid bio- Project water service contractors that are lo- (2) actions taken by the Secretary pursuant to logical opinion, and as a consequence of the De- cated South of the Delta. section 103(d)(1)(A)(ii)(II) of the Bay-Delta Au- partment’s action, Central Valley Project yield Subtitle D—CALFED STORAGE FEASIBILITY thorization Act (title I of Public Law 108–361). is greater than it would have been absent the STUDIES (c) DUTIES OF SECRETARY UPON DETERMINA- Department’s actions, then that additional yield SEC. 1051. STUDIES. TION OF FEASIBILITY.—If the Secretary finds the shall be made available to the State Water The Secretary of the Interior, through the Project to be feasible, the Secretary shall man- Project for delivery to State Water Project con- Commissioner of Reclamation, shall— age the land recommended in the RMP for des- tractors to offset losses resulting from the De- (1) complete the feasibility studies described in ignation under the Wild and Scenic Rivers Act partment’s action. clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) (16 U.S.C. 1271 et seq.) in a manner that does (c) NOTIFICATION RELATED TO ENVIRON- of Public Law 108–361 (118 Stat. 1684) and sub- not impede any environmental reviews, MENTAL PROTECTIONS.—The Secretary of the In- mit such studies to the appropriate committees preconstruction, construction, or other activities terior shall immediately notify the Director of of the House of Representatives and the Senate of the Project, regardless of whether or not the the California Department of Fish and Wildlife not later than December 31, 2015; Secretary submits any official recommendation in writing if the Secretary of the Interior deter- (2) complete the feasibility study described in to Congress under the Wild and Scenic Rivers mines that implementation of the smelt biologi- clause (i)(II) of section 103(d)(1)(A) of Public Act. cal opinion and the salmonid biological opinion Law 108–361 and submit such study to the ap- (d) RESERVED WATER RIGHTS.—Effective De- consistent with this Act reduces environmental propriate committees of the House of Represent- cember 22, 2014, there shall be no Federal re- protections for any species covered by the opin- atives and the Senate not later than November served water rights to any segment of the San ions. 30, 2016; Joaquin River related to the Project as a result SEC. 1062. AREA OF ORIGIN PROTECTIONS. (3) complete a publicly available draft of the of any designation made under the Wild and (a) IN GENERAL.—The Secretary of the Inte- feasibility study described in clause (ii)(I) of sec- Scenic Rivers Act (16 U.S.C. 1271 et seq.). rior is directed, in the operation of the Central tion 103(d)(1)(A) of Public Law 108–361 and sub- SEC. 1053. CALFED STORAGE ACCOUNTABILITY. Valley Project, to adhere to California’s water mit such study to the appropriate committees of If the Secretary of the Interior fails to provide rights laws governing water rights priorities and the House of Representatives and the Senate not the feasibility studies described in section 1051 to honor water rights senior to those held by the later than November 30, 2016; to the appropriate committees of the House of United States for operation of the Central Val- (4) complete the feasibility study described in Representatives and the Senate by the times pre- ley Project, regardless of the source of priority, clause (ii)(I) of section 103(d)(1)(A) of Public scribed, the Secretary shall notify each com- including any appropriative water rights initi- Law 108–361 and submit such study to the ap- mittee chair individually in person on the status ated prior to December 19, 1914, as well as water

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3162 CONGRESSIONAL RECORD — HOUSE May 25, 2016 rights and other priorities perfected or to be per- (C) Not less than 100 percent of their contract Sacramento Valley Water Year Type (40–30–30) fected pursuant to California Water Code Part 2 quantities in a ‘‘Below Normal’’ year that is Index. of Division 2. Article 1.7 (commencing with sec- preceded by an ‘‘Above Normal’’ or a ‘‘Wet’’ SEC. 1065. EFFECT ON EXISTING OBLIGATIONS. tion 1215 of chapter 1 of part 2 of division 2, sec- year. Nothing in this Act preempts or modifies any tions 10505, 10505.5, 11128, 11460, 11461, 11462, (D) Not less than 50 percent of their contract existing obligation of the United States under and 11463, and sections 12200 to 12220, inclu- quantities in a ‘‘Dry’’ year that is preceded by Federal reclamation law to operate the Central sive). a ‘‘Below Normal,’’ an ‘‘Above Normal,’’ or a Valley Project in conformity with State law, in- (b) DIVERSIONS.—Any action undertaken by ‘‘Wet’’ year. cluding established water rights priorities. the Secretary of the Interior and the Secretary (E) In all other years not identified herein, Subtitle F—MISCELLANEOUS of Commerce pursuant to both this Act and sec- the allocation percentage for existing Central SEC. 1071. AUTHORIZED SERVICE AREA. tion 7 of the Endangered Species Act of 1973 (16 Valley Project agricultural water service con- (a) IN GENERAL.—The authorized service area U.S.C. 1531 et seq.) that requires that diversions tractors within the Sacramento River Watershed of the Central Valley Project authorized under from the Sacramento River or the San Joaquin shall not be less than twice the allocation per- the Central Valley Project Improvement Act River watersheds upstream of the Delta be by- centage to south-of-Delta Central Valley Project (Public Law 102–575; 106 Stat. 4706) shall in- passed shall not be undertaken in a manner agricultural water service contractors, up to 100 clude the area within the boundaries of the that alters the water rights priorities established percent; provided, that nothing herein shall pre- Kettleman City Community Services District, by California law. clude an allocation to existing Central Valley California, as in existence on the date of enact- (c) ENDANGERED SPECIES ACT.—Nothing in Project agricultural water service contractors ment of this Act. within the Sacramento River Watershed that is this subtitle alters the existing authorities pro- (b) LONG-TERM CONTRACT.— vided to and obligations placed upon the Fed- greater than twice the allocation percentage to (1) IN GENERAL.—Notwithstanding the Central eral Government under the Endangered Species south-of-Delta Central Valley Project agricul- Valley Project Improvement Act (Public Law Act of 1973 (16 U.S.C. 1531 et seq.), as amended. tural water service contractors. 102–575; 106 Stat. 4706) and subject to paragraph (d) CONTRACTS.—With respect to individuals (2) CONDITIONS.—The Secretary’s actions (2), the Secretary of the Interior, in accordance and entities with water rights on the Sac- under paragraph (a) shall be subject to— with the Federal reclamation laws, shall enter (A) the priority of individuals or entities with ramento River, the mandates of this section may into a long-term contract with the Kettleman Sacramento River water rights, including those be met, in whole or in part, through a contract City Community Services District, California, with Sacramento River Settlement Contracts, with the Secretary of the Interior executed pur- under terms and conditions mutually agreeable that have priority to the diversion and use of suant to section 14 of Public Law 76–260; 53 to the parties, for the delivery of up to 900 acre- Sacramento River water over water rights held Stat. 1187 (43 U.S.C. 389) that is in conformance feet of Central Valley Project water for munic- by the United States for operations of the Cen- with the Sacramento River Settlement Contracts ipal and industrial use. renewed by the Secretary of the Interior in 2005. tral Valley Project; (2) LIMITATION.—Central Valley Project water SEC. 1063. NO REDIRECTED ADVERSE IMPACTS. (B) the United States obligation to make a deliveries authorized under the contract entered substitute supply of water available to the San (a) IN GENERAL.—The Secretary of the Inte- into under paragraph (1) shall be limited to the rior shall ensure that, except as otherwise pro- Joaquin River Exchange Contractors; and minimal quantity necessary to meet the imme- (C) the Secretary’s obligation to make water vided for in a water service or repayment con- diate needs of the Kettleman City Community available to managed wetlands pursuant to sec- tract, actions taken in compliance with legal ob- Services District, California, in the event that tion 3406(d) of the Central Valley Project Im- ligations imposed pursuant to or as a result of local supplies or State Water Project allocations provement Act (Public Law 102–575). this Act, including such actions under section 7 are insufficient to meet those needs. (b) PROTECTION OF MUNICIPAL AND INDUS- of the Endangered Species Act of 1973 (16 U.S.C. (c) PERMIT.—The Secretary shall apply for a TRIAL SUPPLIES.—Nothing in subsection (a) 1531 et seq.) and other applicable Federal and permit with the State for a joint place of use for shall be deemed to— State laws, shall not directly or indirectly— water deliveries authorized under the contract (1) modify any provision of a water service (1) result in the involuntary reduction of entered into under subsection (b) with respect to contract that addresses municipal and indus- water supply or fiscal impacts to individuals or the expanded service area under subsection (a), trial water shortage policies of the Secretary; districts who receive water from either the State consistent with State law. (2) affect or limit the authority of the Sec- Water Project or the United States under water (d) ADDITIONAL COSTS.—If any additional in- retary to adopt or modify municipal and indus- rights settlement contracts, exchange contracts, frastructure, water treatment, or related costs trial water shortage policies; are needed to implement this section, those costs water service contracts, repayment contracts, or (3) affect or limit the authority of the Sec- water supply contracts; or shall be the responsibility of the non-Federal retary to implement municipal and industrial entity. (2) cause redirected adverse water supply or water shortage policies; or fiscal impacts to those within the Sacramento (4) affect allocations to Central Valley Project SEC. 1072. OVERSIGHT BOARD FOR RESTORATION FUND. River watershed, the San Joaquin River water- municipal and industrial contractors pursuant (a) PLAN; ADVISORY BOARD.—Section 3407 of shed or the State Water Project service area. to such policies. the Central Valley Project Improvement Act (b) COSTS.—To the extent that costs are in- Neither subsection (a) nor the Secretary’s imple- (Public Law 102–575; 106 Stat. 4726) is amended curred solely pursuant to or as a result of this mentation of subsection (a) shall constrain, gov- by adding at the end the following: Act and would not otherwise have been incurred ern or affect, directly, the operations of the Cen- by any entity or public or local agency or sub- ‘‘(g) PLAN ON EXPENDITURE OF FUNDS.— tral Valley Project’s American River Division or ‘‘(1) IN GENERAL.—For each fiscal year, the division of the State of California, such costs any deliveries from that Division, its units or fa- shall not be borne by any such entity, agency, Secretary, in consultation with the Advisory cilities. Board, shall submit to Congress a plan for the or subdivision of the State of California, unless (c) NO EFFECT ON ALLOCATIONS.—This section such costs are incurred on a voluntary basis. expenditure of all of the funds deposited into shall not— the Restoration Fund during the preceding fis- (c) RIGHTS AND OBLIGATIONS NOT MODIFIED (1) affect the allocation of water to Friant Di- OR AMENDED.—Nothing in this Act shall modify cal year. vision contractors; or ‘‘(2) CONTENTS.—The plan shall include an or amend the rights and obligations of the par- (2) result in the involuntary reduction in con- ties to any existing— analysis of the cost-effectiveness of each extract water allocations to individuals or entities penditure. (1) water service, repayment, settlement, pur- with contracts to receive water from the Friant chase, or exchange contract with the United ‘‘(h) ADVISORY BOARD.— Division. ‘‘(1) ESTABLISHMENT.—There is established the States, including the obligation to satisfy ex- (d) PROGRAM FOR WATER RESCHEDULING.— Restoration Fund Advisory Board (referred to in change contracts and settlement contracts prior The Secretary of the Interior shall develop and this section as the ‘Advisory Board’), which to the allocation of any other Central Valley implement a program, not later than 1 year after shall be composed of 11 members appointed by Project water; or the date of the enactment of this Act, to provide the Secretary. (2) State Water Project water supply or settle- for the opportunity for existing Central Valley ‘‘(2) MEMBERSHIP.— ment contract with the State. Project agricultural water service contractors ‘‘(A) IN GENERAL.—The Secretary shall ap- SEC. 1064. ALLOCATIONS FOR SACRAMENTO VAL- within the Sacramento River Watershed to re- point members to the Advisory Board that rep- LEY CONTRACTORS. schedule water, provided for under their Central resent the various Central Valley Project stake- (a) ALLOCATIONS.— Valley Project water service contracts, from one holders, of whom— (1) IN GENERAL.—Subject to paragraph (2) and year to the next. ‘‘(i) 4 members shall be agricultural users of subsection (b), the Secretary of the Interior is (e) DEFINITIONS.—In this section: the Central Valley Project, including at least directed, in the operation of the Central Valley (1) The term ‘‘existing Central Valley Project one agricultural user from north-of-the-Delta Project, to allocate water provided for irrigation agricultural water service contractors within the and one agricultural user from south-of-the- purposes to existing Central Valley Project agri- Sacramento River Watershed’’ means water Delta; cultural water service contractors within the service contractors within the Shasta, Trinity, ‘‘(ii) 2 members shall be municipal and indus- Sacramento River Watershed in compliance with and Sacramento River Divisions of the Central trial users of the Central Valley Project, includ- the following: Valley Project, that have a water service con- ing one municipal and industrial user from (A) Not less than 100 percent of their contract tract in effect, on the date of the enactment of north-of-the-Delta and one municipal and in- quantities in a ‘‘Wet’’ year. this section, that provides water for irrigation. dustrial user from south-of-the-Delta; (B) Not less than 100 percent of their contract (2) The year type terms used in subsection (a) ‘‘(iii) 2 members shall be power contractors of quantities in an ‘‘Above Normal’’ year. have the meaning given those year types in the the Central Valley Project, including at least

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3163 one power contractor from north-of-the-Delta SEC. 1073. WATER SUPPLY ACCOUNTING. tion projects located within or diverting water and from south-of-the-Delta; (a) IN GENERAL.—All Central Valley Project from or to the watershed of the Stanislaus and ‘‘(iv) 1 member shall be a representative of a water, except Central Valley Project water re- San Joaquin rivers and their tributaries as au- Federal national wildlife refuge that contracts leased pursuant to U.S. Department of the Inte- thorized by the Act of August 26, 1937 (50 Stat. for Central Valley Project water supplies with rior Record of Decision, Trinity River Mainstem 850), and all Acts amendatory or supplemental the Bureau of Reclamation; Fishery Restoration Final Environmental Im- thereto, including the Act of October 23, 1962 (76 ‘‘(v) 1 member shall have expertise in the eco- pact Statement/Environmental Impact Report Stat. 1173). nomic impacts of the changes to water oper- dated December 2000 used to implement an ac- (3) SECRETARY.—The term ‘‘Secretary’’ means ations; and tion undertaken for a fishery beneficial purpose the Secretary of the Interior. ‘‘(vi) 1 member shall be a representative of a that was not imposed by terms and conditions (b) NEGOTIATIONS.—Notwithstanding any wildlife entity that primarily focuses on water- existing in licenses, permits, and other agree- other provision of law, not later than 180 days fowl. ments pertaining to the Central Valley Project after the date of the enactment of this Act, the ‘‘(B) OBSERVER.—The Secretary and the Sec- under applicable State or Federal law existing Secretary shall enter into negotiations with in- retary of Commerce may each designate a rep- on October 30, 1992, shall be credited to the terested local water and power providers for the resentative to act as an observer of the Advisory quantity of Central Valley Project yield dedi- transfer ownership, control, and operation of Board. cated and managed under this section; provided, the New Melones Unit, Central Valley Project to ‘‘(C) CHAIR.—The Secretary shall appoint 1 of that nothing herein shall affect the Secretary of interested local water and power providers with- the members described in subparagraph (A) to the Interior’s duty to comply with any otherwise in the State of California. serve as Chair of the Advisory Board. lawful requirement imposed on operations of the (c) TRANSFER.—The Secretary shall transfer ‘‘(3) TERMS.—The term of each member of the Central Valley Project under any provision of the New Melones Unit, Central Valley Project in Advisory Board shall be 4 years. Federal or State law. accordance with an agreement reached pursu- ‘‘(4) DATE OF APPOINTMENTS.—The appoint- (b) RECLAMATION POLICIES AND ALLOCA- ant to negotiations conducted under subsection ment of a member of the Panel shall be made not TIONS.—Reclamation policies and allocations (b). later than— shall not be based upon any premise or assump- (d) NOTIFICATION.—Not later than 360 days ‘‘(A) the date that is 120 days after the date tion that Central Valley Project contract sup- after the date of the enactment of this Act, and of enactment of this Act; or plies are supplemental or secondary to any every 6 months thereafter, the Secretary shall ‘‘(B) in the case of a vacancy on the Panel de- other contractor source of supply. notify the appropriate committees of the House scribed in subsection (c)(2), the date that is 120 of Representatives and the Senate— SEC. 1074. IMPLEMENTATION OF WATER RE- days after the date on which the vacancy oc- PLACEMENT PLAN. (1) if an agreement is reached pursuant to ne- curs. gotiations conducted under subsection (b), the (a) IN GENERAL.—Not later than October 1, ‘‘(5) VACANCIES.— terms of that agreement; 2016, the Secretary of the Interior shall update ‘‘(A) IN GENERAL.—A vacancy on the Panel (2) of the status of formal discussions with in- and implement the plan required by section shall be filled in the manner in which the origi- terested local water and power providers for the 3408(j) of title XXXIV of Public Law 102–575. nal appointment was made and shall be subject transfer of ownership, control, and operation of The Secretary shall notify the Congress annu- to any conditions that applied with respect to the New Melones Unit, Central Valley Project to ally describing the progress of implementing the the original appointment. interested local water and power providers; plan required by section 3408(j) of title XXXIV ‘‘(B) FILLING UNEXPIRED TERM.—An indi- (3) of all unresolved issues that are preventing vidual chosen to fill a vacancy shall be ap- of Public Law 102–575. execution of an agreement for the transfer of OTENTIAL AMENDMENT.—If the plan re- pointed for the unexpired term of the member re- (b) P ownership, control, and operation of the New quired in subsection (a) has not increased the placed. Melones Unit, Central Valley Project to inter- Central Valley Project yield by 800,000 acre-feet ‘‘(C) EXPIRATION OF TERMS.—The term of any ested local water and power providers; member shall not expire before the date on within 5 years after the enactment of this Act, (4) on analysis and review of studies, reports, which the successor of the member takes office. then section 3406 of the Central Valley Project discussions, hearing transcripts, negotiations, ‘‘(6) REMOVAL.—A member of the Panel may Improvement Act (title XXXIV of Public Law and other information about past and present be removed from office by the Secretary of the 102–575) is amended as follows: formal discussions that— Interior. (1) In subsection (b)— (A) have a serious impact on the progress of ‘‘(7) FEDERAL ADVISORY COMMITTEE ACT.—The (A) by amending paragraph (2)(C) to read: the formal discussions; Panel shall not be subject to the requirements of ‘‘(C) If by March 15, 2021, and any year there- (B) explain or provide information about the the Federal Advisory Committee Act. after the quantity of Central Valley Project issues that prevent progress or finalization of ‘‘(8) DUTIES.—The duties of the Advisory water forecasted to be made available to all formal discussions; or Board are— water service or repayment contractors of the (C) are, in whole or in part, preventing execu- ‘‘(A) to meet not less frequently than semi- Central Valley Project is below 50 percent of the tion of an agreement for the transfer; and annually to develop and make recommendations total quantity of water to be made available (5) of any actions the Secretary recommends to the Secretary regarding priorities and spend- under said contracts, the quantity of Central that the United States should take to finalize an ing levels on projects and programs carried out Valley Project yield dedicated and managed for agreement for that transfer. under this title; that year under this paragraph shall be reduced SEC. 1077. BASIN STUDIES. ‘‘(B) to ensure that any advice given or rec- by 25 percent.’’. (a) AUTHORIZED STUDIES.—The Secretary of ommendation made by the Advisory Board re- SEC. 1075. NATURAL AND ARTIFICIALLY SPAWNED the Interior is authorized and directed to ex- flects the independent judgment of the Advisory SPECIES. pand opportunities and expedite completion of Board; After the date of the enactment of this title, assessments under section 9503(b) of the SE- ‘‘(C) not later than December 31, 2015, and an- and regardless of the date of listing, the Secre- CURE Water Act (42 U.S.C. 10363(b)), with non- nually thereafter, to submit to the Secretary and taries of the Interior and Commerce shall not Federal partners, of individual sub-basins and Congress the recommendations under subpara- distinguish between natural-spawned and watersheds within major Reclamation river ba- graph (A); and hatchery-spawned or otherwise artificially prop- sins; and shall ensure timely decision and expe- ‘‘(D) not later than December 31, 2015, and bi- agated strains of a species in making any deter- dited implementation of adaptation and mitiga- ennially thereafter, to submit to Congress details mination under the Endangered Species Act of tion strategies developed through the special of the progress made in achieving the actions re- 1973 (16 U.S.C. 1531 et seq.) that relates to any study process. quired under section 3406. anadromous or pelagic fish species that resides (b) FUNDING.— ‘‘(9) ADMINISTRATION.—With the consent of for all or a portion of its life in the Sacramento- (1) IN GENERAL.—The non-Federal partners the appropriate agency head, the Advisory San Joaquin Delta or rivers tributary thereto. shall be responsible for 100 percent of the cost of Board may use the facilities and services of any SEC. 1076. TRANSFER THE NEW MELONES UNIT, the special studies. Federal agency. CENTRAL VALLEY PROJECT TO IN- (2) CONTRIBUTED FUNDS.—The Secretary may ‘‘(10) COOPERATION AND ASSISTANCE.— TERESTED PROVIDERS. accept and use contributions of funds from the ‘‘(A) PROVISION OF INFORMATION.—Upon re- (a) DEFINITIONS.—For the purposes of this non-Federal partners to carry out activities quest of the Panel Chair for information or as- section, the following terms apply: under the special studies. sistance to facilitate carrying out this section, (1) INTERESTED LOCAL WATER AND POWER PRO- SEC. 1078. OPERATIONS OF THE TRINITY RIVER the Secretary of the Interior shall promptly pro- VIDERS.—The term ‘‘interested local water and DIVISION. vide such information, unless otherwise prohib- power providers’’ includes the Calaveras County The Secretary of the Interior, in the operation ited by law. Water District, Calaveras Public Power Agency, of the Trinity River Division of the Central Val- ‘‘(B) SPACE AND ASSISTANCE.—The Secretary Central San Joaquin Water Conservation Dis- ley Project, shall not make releases from Lewis- of the Interior shall provide the Panel with ap- trict, Oakdale Irrigation District, Stockton East ton Dam in excess of the volume for each water- propriate and adequate office space, together Water District, South San Joaquin Irrigation year type required by the U.S. Department of with such equipment, office supplies, and com- District, Tuolumne Utilities District, Tuolumne the Interior Record of Decision, Trinity River munications facilities and services as may be Public Power Agency, and Union Public Utili- Mainstem Fishery Restoration Final Environ- necessary for the operation of the Panel, and ties District. mental Impact Statement/Environmental Impact shall provide necessary maintenance services for (2) NEW MELONES UNIT, CENTRAL VALLEY Report dated December 2000. such offices and the equipment and facilities lo- PROJECT.—The term ‘‘New Melones Unit, Cen- (1) A maximum of 369,000 acre-feet in a ‘‘Criti- cated therein.’’. tral Valley Project’’ means all Federal reclama- cally Dry’’ year.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3164 CONGRESSIONAL RECORD — HOUSE May 25, 2016 (2) A maximum of 453,000 acre-feet in a ‘‘Dry’’ or the Department of Agriculture, exclusive of (B) establish the schedule for the qualifying year. any easement, right-of-way, lease, or any pri- project. (3) A maximum of 647,000 acre-feet in a ‘‘Nor- vate holding. (2) CONSULTATION WITH COOPERATING AGEN- mal’’ year. (4) COOPERATING AGENCIES.—The term ‘‘co- CIES.—Consult with the cooperating agencies (4) A maximum of 701,000 acre-feet in a ‘‘Wet’’ operating agency’’ means a Federal agency with throughout the Federal agency review process, year. jurisdiction over a review, analysis, opinion, identify and obtain relevant data in a timely (5) A maximum of 815,000 acre-feet in an ‘‘Ex- statement, permit, license, or other approval or manner, and set necessary deadlines for cooper- tremely Wet’’ year. decision required for a qualifying project under ating agencies. SEC. 1079. AMENDMENT TO PURPOSES. applicable Federal laws and regulations, or a (3) SCHEDULE.—Work with the qualifying Section 3402 of the Central Valley Project Im- State agency subject to section 1093(c). project applicant and cooperating agencies to provement Act (106 Stat. 4706) is amended— SEC. 1093. ESTABLISHMENT OF LEAD AGENCY establish a project schedule. In establishing the (1) in subsection (f), by striking the period at AND COOPERATING AGENCIES. schedule, the Bureau shall consider, among the end; and (a) ESTABLISHMENT OF LEAD AGENCY.—The other factors— (2) by adding at the end the following: Bureau of Reclamation is established as the lead (A) the responsibilities of cooperating agencies ‘‘(g) to ensure that water dedicated to fish agency for purposes of coordinating all reviews, under applicable laws and regulations; and wildlife purposes by this title is replaced analyses, opinions, statements, permits, licenses, (B) the resources available to the cooperating and provided to Central Valley Project water or other approvals or decisions required under agencies and the non-Federal qualifying project contractors by December 31, 2018, at the lowest Federal law to construct qualifying projects. sponsor, as applicable; (C) the overall size and complexity of the cost reasonably achievable; and (b) IDENTIFICATION AND ESTABLISHMENT OF qualifying project; ‘‘(h) to facilitate and expedite water transfers COOPERATING AGENCIES.—The Commissioner of (D) the overall schedule for and cost of the in accordance with this Act.’’. the Bureau shall— (1) identify, as early as practicable upon re- qualifying project; and SEC. 1080. AMENDMENT TO DEFINITION. ceipt of an application for a qualifying project, (E) the sensitivity of the natural and historic Section 3403 of the Central Valley Project Im- any Federal agency that may have jurisdiction resources that may be affected by the qualifying provement Act (106 Stat. 4707) is amended— over a review, analysis, opinion, statement, per- project. (1) by amending subsection (a) to read as fol- mit, license, approval, or decision required for a (4) ENVIRONMENTAL COMPLIANCE.—Prepare a lows: qualifying project under applicable Federal laws unified environmental review document for each ‘‘(a) the term ‘anadromous fish’ means those and regulations; and qualifying project application, incorporating a native stocks of salmon (including steelhead) (2) notify any such agency, within a reason- single environmental record on which all co- and sturgeon that, as of October 30, 1992, were able timeframe, that the agency has been des- operating agencies with authority to issue ap- present in the Sacramento and San Joaquin Riv- ignated as a cooperating agency in regards to provals for a given qualifying project shall base ers and their tributaries and ascend those rivers the qualifying project unless that agency re- project approval decisions. Help ensure that co- and their tributaries to reproduce after matur- sponds to the Bureau in writing, within a time- operating agencies make necessary decisions, ing in San Francisco Bay or the Pacific frame set forth by the Bureau, notifying the Bu- within their respective authorities, regarding Ocean;’’; reau that the agency— Federal approvals in accordance with the fol- (2) in subsection (l), by striking ‘‘and,’’; (A) has no jurisdiction or authority with re- lowing timelines: (3) in subsection (m), by striking the period spect to the qualifying project; (A) Not later than one year after acceptance and inserting ‘‘; and’’; and (B) has no expertise or information relevant to of a completed project application when an en- (4) by adding at the end the following: the qualifying project or any review, analysis, vironmental assessment and finding of no sig- ‘‘(n) the term ‘reasonable flow’ means water opinion, statement, permit, license, or other ap- nificant impact is determined to be the appro- flows capable of being maintained taking into proval or decision associated therewith; or priate level of review under the National Envi- account competing consumptive uses of water (C) does not intend to submit comments on the ronmental Policy Act of 1969 (42 U.S.C. 4321 et and economic, environmental, and social fac- qualifying project or conduct any review of such seq.). tors.’’. a project or make any decision with respect to (B) Not later than one year and 30 days after SEC. 1081. REPORT ON RESULTS OF WATER such project in a manner other than in coopera- the close of the public comment period for a USAGE. tion with the Bureau. draft environmental impact statement under the The Secretary of the Interior, in consultation (c) STATE AUTHORITY.—A State in which a National Environmental Policy Act of 1969 (42 with the Secretary of Commerce and the Sec- qualifying project is being considered may U.S.C. 4321 et seq.), when an environmental im- retary of Natural Resources of the State of Cali- choose, consistent with State law— pact statement is required under the same. fornia, shall publish an annual report detailing (1) to participate as a cooperating agency; (5) CONSOLIDATED ADMINISTRATIVE RECORD.— instream flow releases from the Central Valley and Maintain a consolidated administrative record Project and California State Water Project, their (2) to make subject to the processes of this of the information assembled and used by the explicit purpose and authority, and all meas- subtitle all State agencies that— cooperating agencies as the basis for agency de- ured environmental benefit as a result of the re- (A) have jurisdiction over the qualifying cisions. leases. project; (6) PROJECT DATA RECORDS.—To the extent SEC. 1082. KLAMATH PROJECT CONSULTATION (B) are required to conduct or issue a review, practicable and consistent with Federal law, en- APPLICANTS. analysis, or opinion for the qualifying project; sure that all project data is submitted and main- If the Bureau of Reclamation initiates or re- or tained in generally accessible electronic format, initiates consultation with the U.S. Fish and (C) are required to make a determination on compile, and where authorized under existing Wildlife Service or the National Marine Fish- issuing a permit, license, or approval for the law, make available such project data to cooper- eries Service under section 7(a)(2) of the Endan- qualifying project. ating agencies, the qualifying project applicant, gered Species Act of 1973 (16 U.S.C. 1536(a)(2)), SEC. 1094. BUREAU RESPONSIBILITIES. and to the public. with respect to construction or operation of the (a) IN GENERAL.—The principal responsibil- (7) PROJECT MANAGER.—Appoint a project Klamath Project (or any part thereof), Klamath ities of the Bureau under this subtitle are to— manager for each qualifying project. The project Project contractors shall be accorded all the (1) serve as the point of contact for appli- manager shall have authority to oversee the rights and responsibilities extended to applicants, State agencies, Indian tribes, and others project and to facilitate the issuance of the rel- cants in the consultation process. Upon request regarding proposed qualifying projects; evant final authorizing documents, and shall be of the Klamath Project contractors, they may be (2) coordinate preparation of unified environ- responsible for ensuring fulfillment of all Bu- represented through an association or organiza- mental documentation that will serve as the reau responsibilities set forth in this section and tion. basis for all Federal decisions necessary to au- all cooperating agency responsibilities under section 1095. Subtitle G—Water Supply Permitting Act thorize the use of Federal lands for qualifying projects; and SEC. 1095. COOPERATING AGENCY RESPONSIBIL- SEC. 1091. SHORT TITLE. (3) coordinate all Federal agency reviews nec- ITIES. This subtitle may be cited as the ‘‘Water Sup- essary for project development and construction (a) ADHERENCE TO BUREAU SCHEDULE.—Upon ply Permitting Coordination Act’’. of qualifying projects. notification of an application for a qualifying SEC. 1092. DEFINITIONS. (b) COORDINATION PROCESS.—The Bureau project, all cooperating agencies shall submit to In this subtitle: shall have the following coordination respon- the Bureau a timeframe under which the co- (1) SECRETARY.—The term ‘‘Secretary’’ means sibilities: operating agency reasonably considers it will be the Secretary of the Interior. (1) PRE-APPLICATION COORDINATION.—Notify able to complete its authorizing responsibilities. (2) BUREAU.—The term ‘‘Bureau’’ means the cooperating agencies of proposed qualifying The Bureau shall use the timeframe submitted Bureau of Reclamation. projects not later than 30 days after receipt of a under this subsection to establish the project (3) QUALIFYING PROJECTS.—The term ‘‘quali- proposal and facilitate a preapplication meeting schedule under section 1094, and the cooper- fying projects’’ means new surface water storage for prospective applicants, relevant Federal and ating agencies shall adhere to the project sched- projects in the States covered under the Act of State agencies, and Indian tribes to— ule established by the Bureau. June 17, 1902 (32 Stat. 388, chapter 1093), and (A) explain applicable processes, data require- (b) ENVIRONMENTAL RECORD.—Cooperating Acts supplemental to and amendatory of that ments, and applicant submissions necessary to agencies shall submit to the Bureau all environ- Act (43 U.S.C. 371 et seq.) constructed on lands complete the required Federal agency reviews mental review material produced or compiled in administered by the Department of the Interior within the timeframe established; and the course of carrying out activities required

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3165 under Federal law consistent with the project view, analysis, opinion, statement, permit, li- (C) whether the project will require significant schedule established by the Bureau. cense, or other approval or decision required for action by other Federal, State, or local agencies; (c) DATA SUBMISSION.—To the extent prac- a project study under applicable Federal laws (D) whether there is significant public dispute ticable and consistent with Federal law, the co- (including regulations). as to the nature or effects of the project; and operating agencies shall submit all relevant (4) FEDERAL LEAD AGENCY.—The term ‘‘Fed- (E) whether there is significant public dispute project data to the Bureau in a generally acces- eral lead agency’’ means the Bureau of Rec- as to the economic or environmental costs or sible electronic format subject to the project lamation. benefits of the project. schedule set forth by the Bureau. (5) PROJECT.—The term ‘‘project’’ means a (3) NOTIFICATION.—Each time the Secretary SEC. 1096. FUNDING TO PROCESS PERMITS. surface water project, a project under the pur- makes a determination under this subsection, (a) IN GENERAL.—The Secretary, after public view of title XVI of Public Law 102–575, or a the Secretary shall provide written notice to the notice in accordance with the Administrative rural water supply project investigated under Committee on Natural Resources of the House of Procedures Act (5 U.S.C. 553), may accept and Public Law 109–451 to be carried out, funded or Representatives and the Committee on Energy expend funds contributed by a non-Federal pub- operated in whole or in party by the Secretary and Natural Resources of the Senate as to the lic entity to expedite the evaluation of a permit pursuant to the Act of June 17, 1902 (32 Stat. results of that determination, including an iden- of that entity related to a qualifying project. 388, chapter 1093), and Acts supplemental to and tification of the specific one or more factors used (b) EFFECT ON PERMITTING.— amendatory of that Act (43 U.S.C. 371 et seq.). in making the determination that the project is (1) IN GENERAL.—In carrying out this section, (6) PROJECT SPONSOR.—The term ‘‘project complex. the Secretary shall ensure that the use of funds sponsor’’ means a State, regional, or local au- (4) LIMITATION.—The Secretary shall not ex- accepted under subsection (a) will not impact thority or instrumentality or other qualifying tend the timeline for a project study for a period impartial decisionmaking with respect to per- entity, such as a water conservation district, ir- of more than 7 years, and any project study mits, either substantively or procedurally. rigation district, water conservancy district, that is not completed before that date shall no (2) EVALUATION OF PERMITS.—In carrying out joint powers authority, mutual water company, longer be authorized. this section, the Secretary shall ensure that the canal company, rural water district or associa- (d) REVIEWS.—Not later than 90 days after the evaluation of permits carried out using funds tion, or any other entity that has the capacity date of the initiation of a project study de- accepted under this section shall— to contract with the United States under Fed- scribed in subsection (a), the Secretary shall— (A) be reviewed by the Regional Director of eral reclamation law. (1) take all steps necessary to initiate the the Bureau, or the Regional Director’s designee, (7) PROJECT STUDY.—The term ‘‘project study’’ process for completing federally mandated re- of the region in which the qualifying project or means a feasibility study for a project carried views that the Secretary is required to complete activity is located; and out pursuant to the Act of June 17, 1902 (32 Stat. as part of the study, including the environ- (B) use the same procedures for decisions that 388, chapter 1093), and Acts supplemental to and mental review process under section 1105; would otherwise be required for the evaluation amendatory of that Act (43 U.S.C. 371 et seq.). (2) convene a meeting of all Federal, tribal, of permits for similar projects or activities not (8) SECRETARY.—The term ‘‘Secretary’’ means and State agencies identified under section carried out using funds authorized under this the Secretary of the Interior. 1105(d) that may— section. (9) SURFACE WATER STORAGE.—The term ‘‘sur- (A) have jurisdiction over the project; (3) IMPARTIAL DECISIONMAKING.—In carrying face water storage’’ means any surface water (B) be required by law to conduct or issue a out this section, the Secretary and the cooper- reservoir or impoundment that would be owned, review, analysis, opinion, or statement for the ating agencies receiving funds under this sec- funded or operated in whole or in part by the project study; or tion for qualifying projects shall ensure that the Bureau of Reclamation or that would be inte- (C) be required to make a determination on use of the funds accepted under this section for grated into a larger system owned, operated or issuing a permit, license, or other approval or such projects shall not— administered in whole or in part by the Bureau decision for the project study; and (A) impact impartial decisionmaking with re- of Reclamation. (3) take all steps necessary to provide information that will enable required reviews and anal- spect to the issuance of permits, either sub- SEC. 1103. ACCELERATION OF STUDIES. yses related to the project to be conducted by stantively or procedurally; or (a) IN GENERAL.—To the extent practicable, a (B) diminish, modify, or otherwise affect the project study initiated by the Secretary, after other agencies in a thorough and timely man- statutory or regulatory authorities of such the date of enactment of this Act, under the ner. NTERIM REPORT.—Not later than 18 agencies. Reclamation Act of 1902 (32 Stat. 388), and all (e) I months after the date of enactment of this Act, (c) LIMITATION ON USE OF FUNDS.—None of Acts amendatory thereof or supplementary the Secretary shall submit to the Committee on the funds accepted under this section shall be thereto, shall— used to carry out a review of the evaluation of (1) result in the completion of a final feasi- Natural Resources of the House of Representa- permits required under subsection (b)(2)(A). bility report not later than 3 years after the date tives and the Committee on Energy and Natural (d) PUBLIC AVAILABILITY.—The Secretary of initiation; Resources of the Senate and make publicly shall ensure that all final permit decisions car- (2) have a maximum Federal cost of $3,000,000; available a report that describes— ried out using funds authorized under this sec- and (1) the status of the implementation of the tion are made available to the public, including (3) ensure that personnel from the local planning process under this section, including on the Internet. project area, region, and headquarters levels of the number of participating projects; the Bureau of Reclamation concurrently con- (2) a review of project delivery schedules, in- Subtitle H—Bureau of Reclamation Project cluding a description of any delays on those Streamlining duct the review required under this section. (b) EXTENSION.—If the Secretary determines studies initiated prior to the date of the enact- SEC. 1101. SHORT TITLE. that a project study described in subsection (a) ment of this Act; and This subtitle may be cited as the ‘‘Bureau of will not be conducted in accordance with sub- (3) any recommendations for additional au- Reclamation Project Streamlining Act’’. section (a), the Secretary, not later than 30 days thority necessary to support efforts to expedite SEC. 1102. DEFINITIONS. after the date of making the determination, the project. In this subtitle: shall— (f) FINAL REPORT.—Not later than 4 years (1) ENVIRONMENTAL IMPACT STATEMENT.—The (1) prepare an updated project study schedule after the date of enactment of this Act, the Sec- term ‘‘environmental impact statement’’ means and cost estimate; retary shall submit to the Committee on Natural the detailed statement of environmental impacts (2) notify the non-Federal project cost-sharing Resources of the House of Representatives and of a project required to be prepared pursuant to partner that the project study has been delayed; the Committee on Energy and Natural Resources the National Environmental Policy Act of 1969 and of the Senate and make publicly available a re- (42 U.S.C. 4321 et seq.). (3) provide written notice to the Committee on port that describes— (2) ENVIRONMENTAL REVIEW PROCESS.— Natural Resources of the House of Representa- (1) the status of the implementation of this (A) IN GENERAL.—The term ‘‘environmental tives and the Committee on Energy and Natural section, including a description of each project review process’’ means the process of preparing Resources of the Senate as to the reasons the re- study subject to the requirements of this section; an environmental impact statement, environ- quirements of subsection (a) are not attainable. (2) the amount of time taken to complete each mental assessment, categorical exclusion, or (c) EXCEPTION.— project study; and other document under the National Environ- (1) IN GENERAL.—Notwithstanding the require- (3) any recommendations for additional au- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) ments of subsection (a), the Secretary may ex- thority necessary to support efforts to expedite for a project study. tend the timeline of a project study by a period the project study process, including an analysis (B) INCLUSIONS.—The term ‘‘environmental re- not to exceed 3 years, if the Secretary deter- of whether the limitation established by sub- view process’’ includes the process for and com- mines that the project study is too complex to section (a)(2) needs to be adjusted to address the pletion of any environmental permit, approval, comply with the requirements of subsection (a). impacts of inflation. review, or study required for a project study (2) FACTORS.—In making a determination that SEC. 1104. EXPEDITED COMPLETION OF REPORTS. under any Federal law other than the National a study is too complex to comply with the re- The Secretary shall— Environmental Policy Act of 1969 (42 U.S.C. 4321 quirements of subsection (a), the Secretary shall (1) expedite the completion of any ongoing et seq.). consider— project study initiated before the date of enact- (3) FEDERAL JURISDICTIONAL AGENCY.—The (A) the type, size, location, scope, and overall ment of this Act; and term ‘‘Federal jurisdictional agency’’ means a cost of the project; (2) if the Secretary determines that the project Federal agency with jurisdiction delegated by (B) whether the project will use any innova- is justified in a completed report, proceed di- law, regulation, order, or otherwise over a re- tive design or construction techniques; rectly to preconstruction planning, engineering,

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3166 CONGRESSIONAL RECORD — HOUSE May 25, 2016 and design of the project in accordance with the lead agency for purposes of preparing any envi- (A) have jurisdiction over the project; Reclamation Act of 1902 (32 Stat. 388), and all ronmental document under the National Envi- (B) are required to conduct or issue a review, Acts amendatory thereof or supplementary ronmental Policy Act of 1969 (42 U.S.C. 4321 et analysis, opinion, or statement for the project thereto. seq.); and study; or SEC. 1105. PROJECT ACCELERATION. (ii) prepare any environmental review process (C) are required to make a determination on (a) APPLICABILITY.— document under the National Environmental issuing a permit, license, or other approval or (1) IN GENERAL.—This section shall apply to— Policy Act of 1969 (42 U.S.C. 4321 et seq.) re- decision for the project study. (A) each project study that is initiated after quired in support of any action or approval by (3) INVITATION.— the date of enactment of this Act and for which the Secretary if— (A) IN GENERAL.—The Federal lead agency an environmental impact statement is prepared (I) the Secretary provides guidance in the shall invite, as early as practicable in the envi- under the National Environmental Policy Act of preparation process and independently evalu- ronmental review process, any agency identified 1969 (42 U.S.C. 4321 et seq.); ates that document; under paragraph (1) to become a participating (B) the extent determined appropriate by the (II) the project sponsor complies with all re- or cooperating agency, as applicable, in the en- Secretary, to other project studies initiated be- quirements applicable to the Secretary under— vironmental review process for the project study. (B) DEADLINE.—An invitation to participate fore the date of enactment of this Act and for (aa) the National Environmental Policy Act of issued under subparagraph (A) shall set a dead- which an environmental review process docu- 1969 (42 U.S.C. 4321 et seq.); line by which a response to the invitation shall ment is prepared under the National Environ- (bb) any regulation implementing that Act; be submitted, which may be extended by the mental Policy Act of 1969 (42 U.S.C. 4321 et and Federal lead agency for good cause. seq.); and (cc) any other applicable Federal law; and (4) PROCEDURES.—Section 1501.6 of title 40, (C) any project study for the development of a (III) the Secretary approves and adopts the Code of Federal Regulations (as in effect on the non-federally owned and operated surface water document before the Secretary takes any subse- date of enactment of the Bureau of Reclamation storage project for which the Secretary deter- quent action or makes any approval based on Project Streamlining Act) shall govern the iden- mines there is a demonstrable Federal interest that document, regardless of whether the action tification and the participation of a cooperating and the project— or approval of the Secretary results in Federal (i) is located in a river basin where other Bu- funding. agency. (5) FEDERAL COOPERATING AGENCIES.—Any reau of Reclamation water projects are located; (2) DUTIES.—The Secretary shall ensure Federal agency that is invited by the Federal (ii) will create additional water supplies that that— lead agency to participate in the environmental support Bureau of Reclamation water projects; (A) the project sponsor complies with all de- review process for a project study shall be des- or sign and mitigation commitments made jointly (iii) will become integrated into the operation by the Secretary and the project sponsor in any ignated as a cooperating agency by the Federal of Bureau of Reclamation water projects. environmental document prepared by the project lead agency unless the invited agency informs the Federal lead agency, in writing, by the (2) FLEXIBILITY.—Any authority granted sponsor in accordance with this subsection; and under this section may be exercised, and any re- (B) any environmental document prepared by deadline specified in the invitation that the in- quirement established under this section may be the project sponsor is appropriately supple- vited agency— (A)(i) has no jurisdiction or authority with re- satisfied, for the conduct of an environmental mented to address any changes to the project spect to the project; review process for a project study, a class of the Secretary determines are necessary. (ii) has no expertise or information relevant to project studies, or a program of project studies. (3) ADOPTION AND USE OF DOCUMENTS.—Any environmental document prepared in accord- the project; or (3) LIST OF PROJECT STUDIES.— (iii) does not have adequate funds to partici- (A) IN GENERAL.—The Secretary shall annu- ance with this subsection shall be adopted and pate in the project; and used by any Federal agency making any deter- ally prepare, and make publicly available, a list (B) does not intend to submit comments on the mination related to the project study to the same of all project studies that the Secretary has de- project. extent that the Federal agency could adopt or termined— (6) ADMINISTRATION.—A participating or co- (i) meets the standards described in paragraph use a document prepared by another Federal operating agency shall comply with this section (1); and agency under— and any schedule established under this section. (ii) does not have adequate funding to make (A) the National Environmental Policy Act of (7) EFFECT OF DESIGNATION.—Designation as a substantial progress toward the completion of 1969 (42 U.S.C. 4321 et seq.); and participating or cooperating agency under this the project study. (B) parts 1500 through 1508 of title 40, Code of subsection shall not imply that the participating (B) INCLUSIONS.—The Secretary shall include Federal Regulations (or successor regulations). or cooperating agency— for each project study on the list under subpara- (4) ROLES AND RESPONSIBILITY OF LEAD AGEN- (A) supports a proposed project; or graph (A) a description of the estimated CY.—With respect to the environmental review (B) has any jurisdiction over, or special exper- amounts necessary to make substantial progress process for any project study, the Federal lead tise with respect to evaluation of, the project. on the project study. agency shall have authority and responsi- (8) CONCURRENT REVIEWS.—Each participating (b) PROJECT REVIEW PROCESS.— bility— or cooperating agency shall— (1) IN GENERAL.—The Secretary shall develop (A) to take such actions as are necessary and (A) carry out the obligations of that agency and implement a coordinated environmental re- proper and within the authority of the Federal under other applicable law concurrently and in view process for the development of project stud- lead agency to facilitate the expeditious resolu- conjunction with the required environmental re- ies. tion of the environmental review process for the view process, unless doing so would prevent the (2) COORDINATED REVIEW.—The coordinated project study; and participating or cooperating agency from con- environmental review process described in para- (B) to prepare or ensure that any required en- ducting needed analysis or otherwise carrying graph (1) shall require that any review, anal- vironmental impact statement or other environ- out those obligations; and ysis, opinion, statement, permit, license, or other mental review document for a project study re- (B) formulate and implement administrative, approval or decision issued or made by a Fed- quired to be completed under the National Envi- policy, and procedural mechanisms to enable the eral, State, or local governmental agency or an ronmental Policy Act of 1969 (42 U.S.C. 4321 et agency to ensure completion of the environ- Indian tribe for a project study described in sub- seq.) is completed in accordance with this sec- mental review process in a timely, coordinated, section (b) be conducted, to the maximum extent tion and applicable Federal law. and environmentally responsible manner. practicable, concurrently with any other appli- (d) PARTICIPATING AND COOPERATING AGEN- (e) NON-FEDERAL PROJECTS INTEGRATED INTO cable governmental agency or Indian tribe. CIES.— RECLAMATION SYSTEMS.—The Federal lead (3) TIMING.—The coordinated environmental (1) IDENTIFICATION OF JURISDICTIONAL AGEN- agency shall serve in that capacity for the en- review process under this subsection shall be CIES.—With respect to carrying out the environ- tirety of all non-Federal projects that will be in- completed not later than the date on which the mental review process for a project study, the tegrated into a larger system owned, operated or Secretary, in consultation and concurrence with Secretary shall identify, as early as practicable administered in whole or in part by the Bureau the agencies identified under section 1105(d), es- in the environmental review process, all Federal, of Reclamation. tablishes with respect to the project study. State, and local government agencies and In- (f) NON-FEDERAL PROJECT.—If the Secretary (c) LEAD AGENCIES.— dian tribes that may— determines that a project can be expedited by a (1) JOINT LEAD AGENCIES.— (A) have jurisdiction over the project; non-Federal sponsor and that there is a demon- (A) IN GENERAL.—Subject to the requirements (B) be required by law to conduct or issue a strable Federal interest in expediting that of the National Environmental Policy Act of review, analysis, opinion, or statement for the project, the Secretary shall take such actions as 1969 (42 U.S.C. 4321 et seq.) and the require- project study; or are necessary to advance such a project as a ments of section 1506.8 of title 40, Code of Fed- (C) be required to make a determination on non-Federal project, including, but not limited eral Regulations (or successor regulations), in- issuing a permit, license, or other approval or to, entering into agreements with the non-Fed- cluding the concurrence of the proposed joint decision for the project study. eral sponsor of such project to support the plan- lead agency, a project sponsor may serve as the (2) STATE AUTHORITY.—If the environmental ning, design and permitting of such project as a joint lead agency. review process is being implemented by the Sec- non-Federal project. (B) PROJECT SPONSOR AS JOINT LEAD AGEN- retary for a project study within the boundaries (g) PROGRAMMATIC COMPLIANCE.— CY.—A project sponsor that is a State or local of a State, the State, consistent with State law, (1) IN GENERAL.—The Secretary shall issue governmental entity may— may choose to participate in the process and to guidance regarding the use of programmatic ap- (i) with the concurrence of the Secretary, make subject to the process all State agencies proaches to carry out the environmental review serve as a joint lead agency with the Federal that— process that—

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3167 (A) eliminates repetitive discussions of the (V) the sensitivity of the natural and histor- subparagraph (A), the Secretary shall make same issues; ical resources that could be affected by the publicly available the status and progress of (B) focuses on the actual issues ripe for anal- project. any Federal, State, or local decision, action, or yses at each level of review; (iii) MODIFICATIONS.—The Secretary may— approval required under applicable laws for (C) establishes a formal process for coordi- (I) lengthen a schedule established under each project study for which this section is ap- nating with participating and cooperating agen- clause (i) for good cause; and plicable. cies, including the creation of a list of all data (II) shorten a schedule only with concurrence (i) ISSUE IDENTIFICATION AND RESOLUTION.— that are needed to carry out an environmental of the affected participating and cooperating (1) COOPERATION.—The Federal lead agency, review process; and agencies and the project sponsor or joint lead the cooperating agencies, and any participating (D) complies with— agency, as applicable. agencies shall work cooperatively in accordance (i) the National Environmental Policy Act of (iv) DISSEMINATION.—A copy of a schedule es- with this section to identify and resolve issues 1969 (42 U.S.C. 4321 et seq.); and tablished under clause (i) shall be— that could delay completion of the environ- (ii) all other applicable laws. (I) provided to each participating and cooper- mental review process or result in the denial of (2) REQUIREMENTS.—In carrying out para- ating agency and the project sponsor or joint any approval required for the project study graph (1), the Secretary shall— lead agency, as applicable; and under applicable laws. (A) as the first step in drafting guidance (II) made available to the public. (2) FEDERAL LEAD AGENCY RESPONSIBILITIES.— under that paragraph, consult with relevant (2) COMMENT DEADLINES.—The Federal lead (A) IN GENERAL.—The Federal lead agency Federal, State, and local governmental agencies, agency shall establish the following deadlines shall make information available to the cooper- Indian tribes, and the public on the appropriate for comment during the environmental review ating agencies and participating agencies as use and scope of the programmatic approaches; process for a project study: early as practicable in the environmental review (A) DRAFT ENVIRONMENTAL IMPACT STATE- (B) emphasize the importance of collaboration process regarding the environmental and socio- MENTS.—For comments by Federal and State among relevant Federal, State, and local gov- economic resources located within the project agencies and the public on a draft environ- ernmental agencies, and Indian tribes in under- area and the general locations of the alter- mental impact statement, a period of not more taking programmatic reviews, especially with re- natives under consideration. than 60 days after publication in the Federal spect to including reviews with a broad geo- (B) DATA SOURCES.—The information under Register of notice of the date of public avail- graphical scope; subparagraph (A) may be based on existing data ability of the draft environmental impact state- (C) ensure that the programmatic reviews— sources, including geographic information sys- (i) promote transparency, including of the ment, unless— tems mapping. (i) a different deadline is established by agree- analyses and data used in the environmental re- (3) COOPERATING AND PARTICIPATING AGENCY ment of the Federal lead agency, the project view process, the treatment of any deferred RESPONSIBILITIES.—Based on information re- sponsor or joint lead agency, as applicable, and issues raised by Federal, State, and local gov- ceived from the Federal lead agency, cooper- all participating and cooperating agencies; or ating and participating agencies shall identify, ernmental agencies, Indian tribes, or the public, (ii) the deadline is extended by the Federal and the temporal and special scales to be used as early as practicable, any issues of concern re- lead agency for good cause. garding the potential environmental or socio- to analyze those issues; (B) OTHER ENVIRONMENTAL REVIEW PROC- (ii) use accurate and timely information in the economic impacts of the project, including any ESSES.—For all other comment periods estab- issues that could substantially delay or prevent environmental review process, including— lished by the Federal lead agency for agency or (I) criteria for determining the general dura- an agency from granting a permit or other ap- public comments in the environmental review proval that is needed for the project study. tion of the usefulness of the review; and process, a period of not more than 30 days after (II) the timeline for updating any out-of-date (4) ACCELERATED ISSUE RESOLUTION AND ELE- the date on which the materials on which com- VATION.— review; ment is requested are made available, unless— (iii) describe— (A) IN GENERAL.—On the request of a partici- (i) a different deadline is established by agree- pating or cooperating agency or project sponsor, (I) the relationship between programmatic ment of the Federal lead agency, the project analysis and future tiered analysis; and the Secretary shall convene an issue resolution sponsor, or joint lead agency, as applicable, and meeting with the relevant participating and co- (II) the role of the public in the creation of fu- all participating and cooperating agencies; or ture tiered analysis; and operating agencies and the project sponsor or (ii) the deadline is extended by the Federal joint lead agency, as applicable, to resolve (iv) are available to other relevant Federal, lead agency for good cause. State, and local governmental agencies, Indian issues that may— (3) DEADLINES FOR DECISIONS UNDER OTHER (i) delay completion of the environmental re- tribes, and the public; LAWS.—In any case in which a decision under (D) allow not fewer than 60 days of public no- view process; or any Federal law relating to a project study, in- (ii) result in denial of any approval required tice and comment on any proposed guidance; cluding the issuance or denial of a permit or li- for the project study under applicable laws. and cense, is required to be made by the date de- (B) MEETING DATE.—A meeting requested (E) address any comments received under sub- scribed in subsection (i)(5)(B), the Secretary under this paragraph shall be held not later paragraph (D). shall submit to the Committee on Natural Re- than 21 days after the date on which the Sec- (h) COORDINATED REVIEWS.— sources of the House of Representatives and the retary receives the request for the meeting, un- (1) COORDINATION PLAN.— Committee on Energy and Natural Resources of less the Secretary determines that there is good (A) ESTABLISHMENT.—The Federal lead agen- the Senate— cause to extend that deadline. cy shall, after consultation with and with the (A) as soon as practicable after the 180-day (C) NOTIFICATION.—On receipt of a request for concurrence of each participating and cooper- period described in subsection (i)(5)(B), an ini- a meeting under this paragraph, the Secretary ating agency and the project sponsor or joint tial notice of the failure of the Federal agency shall notify all relevant participating and co- lead agency, as applicable, establish a plan for to make the decision; and operating agencies of the request, including the coordinating public and agency participation (B) every 60 days thereafter until such date as issue to be resolved and the date for the meet- in, and comment on, the environmental review all decisions of the Federal agency relating to ing. process for a project study or a category of the project study have been made by the Federal (D) ELEVATION OF ISSUE RESOLUTION.—If a project studies. agency, an additional notice that describes the resolution cannot be achieved within the 30-day (B) SCHEDULE.— number of decisions of the Federal agency that period beginning on the date of a meeting under (i) IN GENERAL.—As soon as practicable but remain outstanding as of the date of the addi- this paragraph and a determination is made by not later than 45 days after the close of the pub- tional notice. the Secretary that all information necessary to lic comment period on a draft environmental im- (4) INVOLVEMENT OF THE PUBLIC.—Nothing in resolve the issue has been obtained, the Sec- pact statement, the Federal lead agency, after this subsection reduces any time period provided retary shall forward the dispute to the heads of consultation with and the concurrence of each for public comment in the environmental review the relevant agencies for resolution. participating and cooperating agency and the process under applicable Federal law (including (E) CONVENTION BY SECRETARY.—The Sec- project sponsor or joint lead agency, as applica- regulations). retary may convene an issue resolution meeting ble, shall establish, as part of the coordination (5) TRANSPARENCY REPORTING.— under this paragraph at any time, at the discre- plan established in subparagraph (A), a sched- (A) REPORTING REQUIREMENTS.—Not later tion of the Secretary, regardless of whether a ule for completion of the environmental review than 1 year after the date of enactment of this meeting is requested under subparagraph (A). process for the project study. Act, the Secretary shall establish and maintain (5) FINANCIAL PENALTY PROVISIONS.— (ii) FACTORS FOR CONSIDERATION.—In estab- an electronic database and, in coordination (A) IN GENERAL.—A Federal jurisdictional lishing a schedule, the Secretary shall consider with other Federal and State agencies, issue re- agency shall complete any required approval or factors such as— porting requirements to make publicly available decision for the environmental review process on (I) the responsibilities of participating and co- the status and progress with respect to compli- an expeditious basis using the shortest existing operating agencies under applicable laws; ance with applicable requirements of the Na- applicable process. (II) the resources available to the project tional Environmental Policy Act of 1969 (42 (B) FAILURE TO DECIDE.— sponsor, joint lead agency, and other relevant U.S.C. 4321 et seq.) and any other Federal, (i) IN GENERAL.— Federal and State agencies, as applicable; State, or local approval or action required for a (I) TRANSFER OF FUNDS.—If a Federal jurisdic- (III) the overall size and complexity of the project study for which this section is applica- tional agency fails to render a decision required project; ble. under any Federal law relating to a project (IV) the overall schedule for and cost of the (B) PROJECT STUDY TRANSPARENCY.—Con- study that requires the preparation of an envi- project; and sistent with the requirements established under ronmental impact statement or environmental

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3168 CONGRESSIONAL RECORD — HOUSE May 25, 2016 assessment, including the issuance or denial of meet any requirements under Federal, State, or (B) any other Federal environmental law; a permit, license, statement, opinion, or other local law; (2) the reviewability of any final Federal approval by the date described in clause (ii), the (II) significant new information, including agency action in a court of the United States or amount of funds made available to support the from public comments, or circumstances, includ- in the court of any State; office of the head of the Federal jurisdictional ing a major modification to an aspect of the (3) any requirement for seeking, considering, agency shall be reduced by an amount of fund- project, requires additional analysis for the or responding to public comment; or ing equal to the amount specified in item (aa) or agency to make a decision on the project appli- (4) any power, jurisdiction, responsibility, (bb) of subclause (II), and those funds shall be cation; or duty, or authority that a Federal, State, or local made available to the division of the Federal ju- (III) the agency lacks the financial resources governmental agency, Indian tribe, or project risdictional agency charged with rendering the to complete the review under the scheduled time- sponsor has with respect to carrying out a decision by not later than 1 day after the appli- frame, including a description of the number of project or any other provision of law applicable cable date under clause (ii), and once each week full-time employees required to complete the re- to projects. thereafter until a final decision is rendered, sub- view, the amount of funding required to com- (l) TIMING OF CLAIMS.— ject to subparagraph (C). plete the review, and a justification as to why (1) TIMING.— (II) AMOUNT TO BE TRANSFERRED.—The not enough funding is available to complete the (A) IN GENERAL.—Notwithstanding any other amount referred to in subclause (I) is— review by the deadline. provision of law, a claim arising under Federal (aa) $20,000 for any project study requiring (ii) LACK OF FINANCIAL RESOURCES.—If the law seeking judicial review of a permit, license, the preparation of an environmental assessment agency provides notice under clause (i)(III), the or other approval issued by a Federal agency for or environmental impact statement; or Inspector General of the agency shall— a project study shall be barred unless the claim (bb) $10,000 for any project study requiring (I) conduct a financial audit to review the nois filed not later than 3 years after publication any type of review under the National Environ- tice; and of a notice in the Federal Register announcing mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (II) not later than 90 days after the date on that the permit, license, or other approval is other than an environmental assessment or en- which the review described in subclause (I) is final pursuant to the law under which the agen- vironmental impact statement. completed, submit to the Committee on Natural cy action is taken, unless a shorter time is speci- (ii) DESCRIPTION OF DATE.—The date referred Resources of the House of Representatives and fied in the Federal law that allows judicial re- to in clause (i) is the later of— the Committee on Energy and Natural Resources view. (I) the date that is 180 days after the date on of the Senate the results of the audit conducted (B) APPLICABILITY.—Nothing in this sub- which an application for the permit, license, or under subclause (I). section creates a right to judicial review or approval is complete; and (F) LIMITATION.—The Federal agency from places any limit on filing a claim that a person (II) the date that is 180 days after the date on which funds are transferred pursuant to this has violated the terms of a permit, license, or which the Federal lead agency issues a decision paragraph shall not reprogram funds to the of- other approval. on the project under the National Environ- fice of the head of the agency, or equivalent of- (2) NEW INFORMATION.— mental Policy Act of 1969 (42 U.S.C. 4321 et fice, to reimburse that office for the loss of the (A) IN GENERAL.—The Secretary shall consider seq.). funds. new information received after the close of a (C) LIMITATIONS.— (G) EFFECT OF PARAGRAPH.—Nothing in this comment period if the information satisfies the (i) IN GENERAL.—No transfer of funds under paragraph affects or limits the application of, or requirements for a supplemental environmental subparagraph (B) relating to an individual obligation to comply with, any Federal, State, impact statement under title 40, Code of Federal project study shall exceed, in any fiscal year, an local, or tribal law. Regulations (including successor regulations). amount equal to 1 percent of the funds made (j) MEMORANDUM OF AGREEMENTS FOR EARLY (B) SEPARATE ACTION.—The preparation of a available for the applicable agency office. COORDINATION.— supplemental environmental impact statement or (ii) FAILURE TO DECIDE.—The total amount (1) SENSE OF CONGRESS.—It is the sense of other environmental document, if required transferred in a fiscal year as a result of a fail- Congress that— under this section, shall be considered a sepa- ure by an agency to make a decision by an ap- (A) the Secretary and other Federal agencies rate final agency action and the deadline for fil- plicable deadline shall not exceed an amount with relevant jurisdiction in the environmental ing a claim for judicial review of the action equal to 5 percent of the funds made available review process should cooperate with each shall be 3 years after the date of publication of for the applicable agency office for that fiscal other, State and local agencies, and Indian a notice in the Federal Register announcing the year. tribes on environmental review and Bureau of action relating to such supplemental environ- (iii) AGGREGATE.—Notwithstanding any other Reclamation project delivery activities at the mental impact statement or other environmental provision of law, for each fiscal year, the aggre- earliest practicable time to avoid delays and du- document. gate amount of financial penalties assessed plication of effort later in the process, prevent (m) CATEGORICAL EXCLUSIONS.— against each applicable agency office under this potential conflicts, and ensure that planning (1) IN GENERAL.—Not later than 180 days after Act and any other Federal law as a result of a and project development decisions reflect envi- the date of enactment of this Act, the Secretary failure of the agency to make a decision by an ronmental values; and shall— applicable deadline for environmental review, (B) the cooperation referred to in subpara- (A) survey the use by the Bureau of Reclama- including the total amount transferred under graph (A) should include the development of tion of categorical exclusions in projects since this paragraph, shall not exceed an amount policies and the designation of staff that advise 2005; equal to 9.5 percent of the funds made available planning agencies and project sponsors of stud- (B) publish a review of the survey that infor the agency office for that fiscal year. ies or other information foreseeably required for cludes a description of— (D) NOTIFICATION OF TRANSFERS.—Not later later Federal action and early consultation with (i) the types of actions that were categorically than 10 days after the last date in a fiscal year appropriate State and local agencies and Indian excluded or could be the basis for developing a on which funds of the Federal jurisdictional tribes. new categorical exclusion; and agency may be transferred under subparagraph (2) TECHNICAL ASSISTANCE.—If requested at (ii) any requests previously received by the (B)(5) with respect to an individual decision, the any time by a State or project sponsor, the Sec- Secretary for new categorical exclusions; and agency shall submit to the appropriate commit- retary and other Federal agencies with relevant (C) solicit requests from other Federal agen- tees of the House of Representatives and the jurisdiction in the environmental review process, cies and project sponsors for new categorical ex- Senate written notification that includes a de- shall, to the maximum extent practicable and clusions. scription of— appropriate, as determined by the agencies, pro- (2) NEW CATEGORICAL EXCLUSIONS.—Not later (i) the decision; vide technical assistance to the State or project than 1 year after the date of enactment of this (ii) the project study involved; sponsor in carrying out early coordination ac- Act, if the Secretary has identified a category of (iii) the amount of each transfer under sub- tivities. activities that merit establishing a categorical paragraph (B) in that fiscal year relating to the (3) MEMORANDUM OF AGENCY AGREEMENT.—If exclusion that did not exist on the day before decision; requested at any time by a State or project spon- the date of enactment this Act based on the re- (iv) the total amount of all transfers under sor, the Federal lead agency, in consultation view under paragraph (1), the Secretary shall subparagraph (B) in that fiscal year relating to with other Federal agencies with relevant juris- publish a notice of proposed rulemaking to pro- the decision; and diction in the environmental review process, pose that new categorical exclusion, to the ex- (v) the total amount of all transfers of the may establish memoranda of agreement with the tent that the categorical exclusion meets the cri- agency under subparagraph (B) in that fiscal project sponsor, Indian tribes, State and local teria for a categorical exclusion under section year. governments, and other appropriate entities to 1508.4 of title 40, Code of Federal Regulations (E) NO FAULT OF AGENCY.— carry out the early coordination activities, in- (or successor regulation). (i) IN GENERAL.—A transfer of funds under cluding providing technical assistance in identi- (n) REVIEW OF PROJECT ACCELERATION RE- this paragraph shall not be made if the applica- fying potential impacts and mitigation issues in FORMS.— ble agency described in subparagraph (A) noti- an integrated fashion. (1) IN GENERAL.—The Comptroller General of fies, with a supporting explanation, the Federal (k) LIMITATIONS.—Nothing in this section pre- the United States shall— lead agency, cooperating agencies, and project empts or interferes with— (A) assess the reforms carried out under this sponsor, as applicable, that— (1) any obligation to comply with the provi- section; and (I) the agency has not received necessary in- sions of any Federal law, including— (B) not later than 5 years and not later than formation or approvals from another entity in a (A) the National Environmental Policy Act of 10 years after the date of enactment of this Act, manner that affects the ability of the agency to 1969 (42 U.S.C. 4321 et seq.); and submit to the Committee on Natural Resources

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3169 of the House of Representatives and the Com- (A) make the notice publicly available, includ- (D) an estimate, to the extent practicable, of mittee on Energy and Natural Resources of the ing on the Internet; and the Federal, non-Federal, and total costs of— Senate a report that describes the results of the (B) provide written notification of the publi- (i) the proposed modification to an authorized assessment. cation to the Committee on Natural Resources of project study; and (2) CONTENTS.—The reports under paragraph the House of Representatives and the Committee (ii) construction of— (1) shall include an evaluation of impacts of the on Energy and Natural Resources of the Senate. (I) the project that is the subject of— reforms carried out under this section on— (c) CONTENTS.— (aa) the project report; or (A) project delivery; (1) PROJECT REPORTS, PROPOSED PROJECT (bb) the authorized project study for which a (B) compliance with environmental laws; and STUDIES, AND PROPOSED MODIFICATIONS.— modification is proposed, with respect to the (C) the environmental impact of projects. (A) CRITERIA FOR INCLUSION IN REPORT.—The change in costs resulting from such modifica- (o) PERFORMANCE MEASUREMENT.—The Sec- Secretary shall include in the annual report tion; or retary shall establish a program to measure and only those project reports, proposed project (II) the proposed modification to an author- report on progress made toward improving and studies, and proposed modifications to authorized project; and expediting the planning and environmental re- ized projects and project studies that— (E) an estimate, to the extent practicable, of view process. (i) are related to the missions and authorities the monetary and nonmonetary benefits of— (i) the project that is the subject of— (p) CATEGORICAL EXCLUSIONS IN EMER- of the Bureau of Reclamation; (I) the project report; or GENCIES.—For the repair, reconstruction, or re- (ii) require specific congressional authoriza- habilitation of a Bureau of Reclamation surface (II) the authorized project study for which a tion, including by an Act of Congress; modification is proposed, with respect to the water storage project that is in operation or (iii) have not been congressionally authorized; benefits of such modification; or under construction when damaged by an event (iv) have not been included in any previous (ii) the proposed modification to an author- or incident that results in a declaration by the annual report; and ized project. President of a major disaster or emergency pur- (v) if authorized, could be carried out by the (3) CERTIFICATION.—The Secretary shall in- suant to the Robert T. Stafford Disaster Relief Bureau of Reclamation. clude in the annual report a certification stat- and Emergency Assistance Act (42 U.S.C. 5121 et (B) DESCRIPTION OF BENEFITS.— ing that each feasibility report, proposed feasi- seq.), the Secretary shall treat such repair, re- (i) DESCRIPTION.—The Secretary shall describe bility study, and proposed modification to a construction, or rehabilitation activity as a class in the annual report, to the extent applicable project or project study included in the annual of action categorically excluded from the re- and practicable, for each proposed project study report meets the criteria established in para- quirements relating to environmental assess- and proposed modification to an authorized graph (1)(A). ments or environmental impact statements under water resources development project or project (4) APPENDIX.—The Secretary shall include in section 1508.4 of title 40, Code of Federal Regu- study included in the annual report, the bene- the annual report an appendix listing the pro- lations (or successor regulations), if the repair fits, as described in clause (ii), of each such posals submitted under subsection (b) that were or reconstruction activity is— study or proposed modification. not included in the annual report under para- (1) in the same location with the same capac- (ii) BENEFITS.—The benefits (or expected bene- graph (1)(A) and a description of why the Sec- ity, dimensions, and design as the original Bu- fits, in the case of a proposed project study) de- retary determined that those proposals did not reau of Reclamation surface water storage scribed in this clause are benefits to— meet the criteria for inclusion under such para- project as before the declaration described in (I) the protection of human life and property; graph. this section; and (II) improvement to domestic irrigated water (d) SPECIAL RULE FOR INITIAL ANNUAL RE- (2) commenced within a 2-year period begin- and power supplies; PORT.—Notwithstanding any other deadlines re- ning on the date of a declaration described in (III) the national economy; this subsection. (IV) the environment; or quired by this section, the Secretary shall— (1) not later than 60 days after the date of en- (V) the national security interests of the SEC. 1106. ANNUAL REPORT TO CONGRESS. actment of this Act, publish in the Federal Reg- (a) IN GENERAL.—Not later than February 1 of United States. ister a notice required by subsection (b)(1); and (C) IDENTIFICATION OF OTHER FACTORS.—The each year, the Secretary shall develop and sub- (2) include in such notice a requirement that Secretary shall identify in the annual report, to mit to the Committee on Natural Resources of non-Federal interests submit to the Secretary the extent practicable— the House of Representatives and the Committee any proposals described in subsection (b)(1) by (i) for each proposed project study included in on Energy and Natural Resources of the Senate not later than 120 days after the date of publi- the annual report, the non-Federal interest that an annual report, to be entitled ‘‘Report to Con- cation of such notice in the Federal Register in submitted the proposed project study pursuant gress on Future Water Project Development’’, order for such proposals to be considered for in- to subsection (b); and that identifies the following: clusion in the first annual report developed by (1) PROJECT REPORTS.—Each project report (ii) for each proposed project study and proposed modification to a project or project study the Secretary under this section. that meets the criteria established in subsection (e) PUBLICATION.—Upon submission of an an- included in the annual report, whether the non- (c)(1)(A). nual report to Congress, the Secretary shall (2) PROPOSED PROJECT STUDIES.—Any pro- Federal interest has demonstrated— make the annual report publicly available, in- posed project study submitted to the Secretary (I) that local support exists for the proposed cluding through publication on the Internet. project study or proposed modification to an au- by a non-Federal interest pursuant to sub- (f) DEFINITION.—In this section, the term thorized project or project study (including the section (b) that meets the criteria established in ‘‘project report’’ means a final feasibility report surface water storage development project that subsection (c)(1)(A). developed under the Reclamation Act of 1902 (32 (3) PROPOSED MODIFICATIONS.—Any proposed is the subject of the proposed feasibility study or Stat. 388), and all Acts amendatory thereof or modification to an authorized water project or the proposed modification to an authorized supplementary thereto. project study that meets the criteria established project study); and in subsection (c)(1)(A) that— (II) the financial ability to provide the re- Subtitle I—Accelerated Revenue, Repayment, (A) is submitted to the Secretary by a non- quired non-Federal cost share. and Surface Water Storage Enhancement Federal interest pursuant to subsection (b); or (2) TRANSPARENCY.—The Secretary shall in- SEC. 1111. SHORT TITLE. (B) is identified by the Secretary for author- clude in the annual report, for each project re- This subtitle may be cited as the ‘‘Accelerated ization. port, proposed project study, and proposed Revenue, Repayment, and Surface Water Stor- (4) EXPEDITED COMPLETION OF REPORT AND modification to a project or project study in- age Enhancement Act’’. DETERMINATIONS.—Any project study that was cluded under paragraph (1)(A)— SEC. 1112. PREPAYMENT OF CERTAIN REPAYMENT expedited and any Secretarial determinations (A) the name of the associated non-Federal CONTRACTS BETWEEN THE UNITED under section 1104. interest, including the name of any non-Federal STATES AND CONTRACTORS OF FED- (b) REQUESTS FOR PROPOSALS.— interest that has contributed, or is expected to ERALLY DEVELOPED WATER SUP- (1) PUBLICATION.—Not later than May 1 of contribute, a non-Federal share of the cost of— PLIES. each year, the Secretary shall publish in the (i) the project report; (a) CONVERSION AND PREPAYMENT OF CON- Federal Register a notice requesting proposals (ii) the proposed project study; TRACTS.— from non-Federal interests for proposed project (iii) the authorized project study for which (1) CONVERSION.—Upon request of the con- studies and proposed modifications to author- the modification is proposed; or tractor, the Secretary of the Interior shall con- ized projects and project studies to be included (iv) construction of— vert any water service contract in effect on the in the annual report. (I) the project that is the subject of— date of enactment of this Act and between the (2) DEADLINE FOR REQUESTS.—The Secretary (aa) the water report; United States and a water users’ association to shall include in each notice required by this (bb) the proposed project study; or allow for prepayment of the repayment contract subsection a requirement that non-Federal in- (cc) the authorized project study for which a pursuant to paragraph (2) under mutually terests submit to the Secretary any proposals de- modification is proposed; or agreeable terms and conditions. The manner of scribed in paragraph (1) by not later than 120 (II) the proposed modification to a project; conversion under this paragraph shall be as fol- days after the date of publication of the notice (B) a letter or statement of support for the lows: in the Federal Register in order for the pro- water report, proposed project study, or pro- (A) Water service contracts that were entered posals to be considered for inclusion in the an- posed modification to a project or project study into under section 9(e) of the Act of August 4, nual report. from each associated non-Federal interest; 1939 (53 Stat. 1196), to be converted under this (3) NOTIFICATION.—On the date of publication (C) the purpose of the feasibility report, pro- section shall be converted to repayment con- of each notice required by this subsection, the posed feasibility study, or proposed modification tracts under section 9(d) of that Act (53 Stat. Secretary shall— to a project or project study; 1195).

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3170 CONGRESSIONAL RECORD — HOUSE May 25, 2016 (B) Water service contracts that were entered (A) not be adjusted on the basis of the type of enter into cooperative agreements with water under subsection (c)(2) of section 9 of the Act of prepayment financing used by the water users’ users’ associations for the construction of sur- August 4, 1939 (53 Stat. 1194), to be converted association; face water storage and amounts within the Sur- under this section shall be converted to a con- (B) conform to any other agreements, such as face Storage Account may be used to fund such tract under subsection (c)(1) of section 9 of that applicable settlement agreements and new con- construction. Surface water storage projects Act (53 Stat. 1195). structed appurtenant facilities; and that are otherwise not federally authorized shall (2) PREPAYMENT.—Except for those repayment (C) not modify other water service, repayment, not be considered Federal facilities as a result of contracts under which the contractor has pre- exchange and transfer contractual rights be- any amounts allocated from the Surface Storage viously negotiated for prepayment, all repay- tween the water users’ association, and the Bu- Account for part or all of such facilities. ment contracts under section 9(d) of that Act (53 reau of Reclamation, or any rights, obligations, (3) REPAYMENT.—Amounts used for surface Stat. 1195) in effect on the date of enactment of or relationships of the water users’ association water storage construction from the Account this Act at the request of the contractor, and all and their landowners as provided under State shall be fully reimbursed to the Account con- contracts converted pursuant to paragraph law. sistent with the requirements under Federal rec- (1)(A) shall— (b) ACCOUNTING.—The amounts paid pursuant lamation law (the law (the Act of June 17, 1902 (A) provide for the repayment, either in lump to subsection (a) shall be subject to adjustment (32 Stat. 388, chapter 1093))), and Acts supple- sum or by accelerated prepayment, of the re- following a final cost allocation by the Sec- mental to and amendatory of that Act (43 U.S.C. maining construction costs identified in water retary of the Interior. In the event that the final 371 et seq.) except that all funds reimbursed project specific irrigation rate repayment sched- cost allocation indicates that the costs properly shall be deposited in the Account established ules, as adjusted to reflect payment not reflected assignable to the contractor are greater than under paragraph (2). in such schedule, and properly assignable for what has been paid by the contractor, the con- (4) AVAILABILITY OF AMOUNTS.—Amounts de- ultimate return by the contractor, or if made in tractor shall be obligated to pay the remaining posited in the Account under this subsection approximately equal installments, no later than allocated costs. The term of such additional re- shall— 3 years after the effective date of the repayment payment contract shall be not less than one (A) be made available in accordance with this contract, such amount to be discounted by 1⁄2 year and not more than 10 years, however, mu- section, subject to appropriation; and the Treasury rate. An estimate of the remaining tually agreeable provisions regarding the rate of (B) be in addition to amounts appropriated for construction costs, as adjusted, shall be pro- repayment of such amount may be developed by such purposes under any other provision of law. vided by the Secretary to the contractor no later the parties. In the event that the final cost allo- (5) PURPOSES OF SURFACE WATER STORAGE.— than 90 days following receipt of request of the cation indicates that the costs properly assign- Construction of surface water storage under this contractor; able to the contractor are less than what the section shall be made for the following purposes: (B) require that construction costs or other contractor has paid, the Secretary shall credit (A) Increased municipal and industrial water capitalized costs incurred after the effective date such overpayment as an offset against any out- supply. of the contract or not reflected in the rate standing or future obligation of the contractor. (B) Agricultural floodwater, erosion, and sedi- schedule referenced in subparagraph (A), and (c) APPLICABILITY OF CERTAIN PROVISIONS.— mentation reduction. properly assignable to such contractor shall be (1) EFFECT OF EXISTING LAW.—Upon a con- (C) Agricultural drainage improvements. repaid in not more than 5 years after notifica- tractor’s compliance with and discharge of the (D) Agricultural irrigation. tion of the allocation if such amount is a result obligation of repayment of the construction (E) Increased recreation opportunities. of a collective annual allocation of capital costs costs pursuant to a contract entered into pursu- (F) Reduced adverse impacts to fish and wild- to the contractors exercising contract conversa- ant to subsection (a)(2)(A), subsections (a) and life from water storage or diversion projects tion under this subsection of less than (b) of section 213 of the Reclamation Reform Act within watersheds associated with water storage $5,000,000. If such amount is $5,000,000 or great- of 1982 (96 Stat. 1269) shall apply to affected projects funded under this section. er, such cost shall be repaid as provided by ap- lands. (G) Any other purposes consistent with rec- plicable reclamation law; (2) EFFECT OF OTHER OBLIGATIONS.—The obli- lamation laws or other Federal law. (C) provide that power revenues will not be gation of a contractor to repay construction (f) DEFINITIONS.—For the purposes of this available to aid in repayment of construction costs or other capitalized costs described in sub- subtitle, the following definitions apply: costs allocated to irrigation under the contract; section (a)(2)(B), (a)(3)(B), or (b) shall not af- (1) ACCOUNT.—The term ‘‘Account’’ means the and fect a contractor’s status as having repaid all of Reclamation Surface Water Storage Account es- (D) continue so long as the contractor pays the construction costs assignable to the con- tablished under subsection (e)(2). applicable charges, consistent with section 9(d) tractor or the applicability of subsections (a) (2) CONSTRUCTION.—The term ‘‘construction’’ of the Act of August 4, 1939 (53 Stat. 1195), and and (b) of section 213 of the Reclamation Reform means the designing, materials engineering and applicable law. Act of 1982 (96 Stat. 1269) once the amount re- testing, surveying, and building of surface (3) CONTRACT REQUIREMENTS.—Except for quired to be paid by the contractor under the re- water storage including additions to existing those repayment contracts under which the con- payment contract entered into pursuant to subsurface water storage and construction of new tractor has previously negotiated for prepay- section (a)(2)(A) have been paid. surface water storage facilities, exclusive of any ment, the following shall apply with regard to (d) EFFECT ON EXISTING LAW NOT ALTERED.— Federal statutory or regulatory obligations re- all repayment contracts under subsection (c)(1) Implementation of the provisions of this subtitle lating to any permit, review, approval, or other of section 9 of that Act (53 Stat. 1195) in effect shall not alter— such requirement. on the date of enactment of this Act at the re- (1) the repayment obligation of any water (3) SURFACE WATER STORAGE.—The term ‘‘sur- quest of the contractor, and all contracts con- service or repayment contractor receiving water face water storage’’ means any federally owned verted pursuant to paragraph (1)(B): from the same water project, or shift any costs facility under the jurisdiction of the Bureau of (A) Provide for the repayment in lump sum of that would otherwise have been properly assign- Reclamation or any non-Federal facility used the remaining construction costs identified in able to the water users’ association identified in for the surface storage and supply of water re- water project specific municipal and industrial subsections (a)(1), (a)(2), and (a)(3) absent this sources. rate repayment schedules, as adjusted to reflect section, including operation and maintenance (4) TREASURY RATE.—The term ‘‘Treasury payments not reflected in such schedule, and costs, construction costs, or other capitalized rate’’ means the 20-year Constant Maturity properly assignable for ultimate return by the costs incurred after the date of the enactment of Treasury (CMT) rate published by the United contractor. An estimate of the remaining con- this Act, or to other contractors; and States Department of the Treasury existing on struction costs, as adjusted, shall be provided by (2) specific requirements for the disposition of the effective date of the contract. the Secretary to the contractor no later than 90 amounts received as repayments by the Sec- (5) WATER USERS’ ASSOCIATION.—The term days after receipt of request of contractor. retary under the Act of June 17, 1902 (32 Stat. ‘‘water users’ association’’ means— (B) The contract shall require that construc- 388, chapter 1093), and Acts supplemental to and (A) an entity organized and recognized under tion costs or other capitalized costs incurred amendatory of that Act (43 U.S.C. 371 et seq.). State laws that is eligible to enter into contracts after the effective date of the contract or not re- (e) SURFACE WATER STORAGE ENHANCEMENT with reclamation to receive contract water for flected in the rate schedule referenced in sub- PROGRAM.— delivery to and users of the water and to pay (1) IN GENERAL.—Except as provided in subparagraph (A), and properly assignable to such applicable charges; and section (d)(2), three years following the date of contractor, shall be repaid in not more than 5 (B) includes a variety of entities with dif- enactment of this Act, 50 percent of receipts gen- years after notification of the allocation if such ferent names and differing functions, such as erated from prepayment of contracts under this amount is a result of a collective annual alloca- associations, conservatory district, irrigation section beyond amounts necessary to cover the tion of capital costs to the contractors exercising district, municipality, and water project con- amount of receipts forgone from scheduled pay- contract conversation under this subsection of tract unit. less than $5,000,000. If such amount is $5,000,000 ments under current law for the 10-year period or greater, such cost shall be repaid as provided following the date of enactment of this Act shall Subtitle J—Safety of Dams by applicable reclamation law. be directed to the Reclamation Surface Water SEC. 1121. AUTHORIZATION OF ADDITIONAL (C) Continue so long as the contractor pays Storage Account under paragraph (2). PROJECT BENEFITS. applicable charges, consistent with section (2) SURFACE STORAGE ACCOUNT.—The Sec- The Reclamation Safety of Dams Act of 1978 is 9(c)(1) of the Act of August 4, 1939 (53 Stat. retary shall allocate amounts collected under amended— 1195), and applicable law. paragraph (1) into the ‘‘Reclamation Surface (1) in section 3, by striking ‘‘Construction’’ (4) CONDITIONS.—All contracts entered into Storage Account’’ to fund the construction of and inserting ‘‘Except as provided in section 5B, pursuant to paragraphs (1), (2), and (3) shall— surface water storage. The Secretary may also construction’’; and

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3171 (2) by inserting after section 5A (43 U.S.C. 509) SEC. 1134. RECOGNITION OF STATE AUTHORITY. scribed in paragraph (1), including in the sup- the following: (a) IN GENERAL.—In carrying out section 1133, ply, manufacturing, distribution, and retail sec- ‘‘SEC. 5B. AUTHORIZATION OF ADDITIONAL the Secretary of the Interior and the Secretary tors; PROJECT BENEFITS. of Agriculture shall— (3) an estimate of wages related to jobs de- ‘‘Notwithstanding section 3, if the Secretary (1) recognize the longstanding authority of scribed in paragraph (2); and determines that additional project benefits, in- the States relating to evaluating, protecting, al- (4) an estimate of anticipated new local, State, cluding but not limited to additional conserva- locating, regulating, and adjudicating ground- and Federal revenue related to jobs described in tion storage capacity, are feasible and not in- water by any means, including a rulemaking, paragraph (2). consistent with the purposes of this Act, the permitting, directive, water court adjudication, Subtitle A—Hunting, Fishing and Secretary is authorized to develop additional resource management planning, regional au- Recreational Shooting Protection Act project benefits through the construction of new thority, or other policy; and (2) coordinate with the States in the adoption SEC. 2011. SHORT TITLE. or supplementary works on a project in conjunc- This subtitle may be cited as the ‘‘Hunting, tion with the Secretary’s activities under section and implementation by the Secretary of the In- terior or the Secretary of Agriculture of any Fishing, and Recreational Shooting Protection 2 of this Act and subject to the conditions de- Act’’. scribed in the feasibility study, provided— rulemaking, policy, directive, management plan, SEC. 2012. MODIFICATION OF DEFINITION. ‘‘(1) the Secretary determines that developing or other similar Federal action so as to ensure additional project benefits through the construc- that such actions are consistent with, and im- Section 3(2)(B) of the Toxic Substances Con- tion of new or supplementary works on a project pose no greater restrictions or regulatory re- trol Act (15 U.S.C. 2602(2)(B)) is amended— (1) in clause (v), by striking ‘‘, and’’ and in- will promote more efficient management of quirements than, State groundwater laws and serting ‘‘, or any component of any such article water and water-related facilities; programs. (b) EFFECT ON STATE WATER RIGHTS.—In car- including, without limitation, shot, bullets and ‘‘(2) the feasibility study pertaining to addi- rying out this subtitle, the Secretary of the Inte- other projectiles, propellants, and primers,’’; tional project benefits has been authorized pur- rior and the Secretary of Agriculture shall not (2) in clause (vi) by striking the period at the suant to section 8 of the Federal Water Project take any action that adversely affects— end and inserting ‘‘, and’’; and Recreation Act of 1965 (16 U.S.C. 4601–18); and (1) any water rights granted by a State; (3) by inserting after clause (vi) the following: ‘‘(3) the costs associated with developing the (2) the authority of a State in adjudicating ‘‘(vii) any sport fishing equipment (as such additional project benefits are agreed to in writ- water rights; term is defined in subsection (a) of section 4162 ing between the Secretary and project pro- (3) definitions established by a State with re- of the Internal Revenue Code of 1986) the sale of ponents and shall be allocated to the authorized spect to the term ‘‘beneficial use’’, ‘‘priority of which is subject to the tax imposed by section purposes of the structure and repaid consistent water rights’’, or ‘‘terms of use’’; 4161(a) of such Code (determined without regard with all provisions of Federal Reclamation law (4) terms and conditions of groundwater with- to any exemptions from such tax as provided by (the Act of June 17, 1902, 43 U.S.C. 371 et seq.) drawal, guidance and reporting procedures, and section 4162 or 4221 or any other provision of and Acts supplemental to and amendatory of conservation and source protection measures es- such Code), and sport fishing equipment compo- that Act.’’. tablished by a State; nents.’’. (5) the use of groundwater in accordance with Subtitle K—Water Rights Protection SEC. 2013. LIMITATION ON AUTHORITY TO REGU- State law; or SEC. 1131. SHORT TITLE. LATE AMMUNITION AND FISHING (6) any other rights and obligations of a State TACKLE. This subtitle may be cited as the ‘‘Water established under State law. Rights Protection Act’’. (a) LIMITATION.—Except as provided in sec- SEC. 1135. EFFECT OF TITLE. SEC. 1132. DEFINITION OF WATER RIGHT. tion 20.21 of title 50, Code of Federal Regula- (a) EFFECT ON EXISTING AUTHORITY.—Nothing tions, as in effect on the date of the enactment In this subtitle, the term ‘‘water right’’ means in this subtitle limits or expands any existing le- of this Act, or any substantially similar suc- any surface or groundwater right filed, per- gally recognized authority of the Secretary of cessor regulation thereto, the Secretary of the mitted, certified, confirmed, decreed, adju- the Interior or the Secretary of Agriculture to Interior, the Secretary of Agriculture, and, ex- dicated, or otherwise recognized by a judicial issue, grant, or condition any permit, approval, cept as provided by subsection (b), any bureau, proceeding or by the State in which the user ac- license, lease, allotment, easement, right-of-way, service, or office of the Department of the Inte- quires possession of the water or puts the water or other land use or occupancy agreement on rior or the Department of Agriculture, may not to beneficial use, including water rights for fed- Federal land subject to the jurisdiction of the regulate the use of ammunition cartridges, am- erally recognized Indian tribes. Secretary of the Interior or the Secretary of Ag- munition components, or fishing tackle based on SEC. 1133. TREATMENT OF WATER RIGHTS. riculture, respectively. the lead content thereof if such use is in compli- The Secretary of the Interior and the Sec- (b) EFFECT ON RECLAMATION CONTRACTS.— ance with the law of the State in which the use retary of Agriculture shall not— Nothing in this subtitle interferes with Bureau occurs. (1) condition or withhold, in whole or in part, of Reclamation contracts entered into pursuant (b) EXCEPTION.—The limitation in subsection the issuance, renewal, amendment, or extension to the reclamation laws. (a) shall not apply to the United States Fish of any permit, approval, license, lease, allot- (c) EFFECT ON ENDANGERED SPECIES ACT.— and Wildlife Service or the National Park Serv- ment, easement, right-of-way, or other land use Nothing in this subtitle affects the implementa- ice. or occupancy agreement on— tion of the Endangered Species Act of 1973 (16 Subtitle B—Target Practice and (A) limitation or encumbrance of any water U.S.C. 1531 et seq.). Marksmanship Training Support Act right, or the transfer of any water right (includ- (d) EFFECT ON FEDERAL RESERVED WATER ing joint and sole ownership), directly or indi- RIGHTS.—Nothing in this subtitle limits or ex- SEC. 2021. SHORT TITLE. rectly to the United States or any other des- pands any existing or claimed reserved water This subtitle may be cited as the ‘‘Target ignee; or rights of the Federal Government on land ad- Practice and Marksmanship Training Support (B) any other impairment of any water right, ministered by the Secretary of the Interior or the Act’’. in whole or in part, granted or otherwise recog- Secretary of Agriculture. SEC. 2022. FINDINGS; PURPOSE. nized under State law, by Federal or State adju- (e) EFFECT ON FEDERAL POWER ACT.—Nothing (a) FINDINGS.—Congress finds that— dication, decree, or other judgment, or pursuant in this subtitle limits or expands authorities (1) the use of firearms and archery equipment to any interstate water compact; under sections 4(e), 10(j), or 18 of the Federal for target practice and marksmanship training (2) require any water user (including any fed- Power Act (16 U.S.C. 797(e), 803(j), 811). activities on Federal land is allowed, except to erally recognized Indian tribe) to apply for or (f) EFFECT ON INDIAN WATER RIGHTS.—Noth- the extent specific portions of that land have acquire a water right in the name of the United ing in this subtitle limits or expands any water been closed to those activities; States under State law as a condition of the right or treaty right of any federally recognized (2) in recent years preceding the date of en- issuance, renewal, amendment, or extension of Indian tribe. actment of this Act, portions of Federal land any permit, approval, license, lease, allotment, TITLE II—SPORTSMEN’S HERITAGE AND have been closed to target practice and marks- easement, right-of-way, or other land use or oc- RECREATIONAL ENHANCEMENT ACT manship training for many reasons; cupancy agreement; SEC. 2001. SHORT TITLE. (3) the availability of public target ranges on (3) assert jurisdiction over groundwater with- This title may be cited as the ‘‘Sportsmen’s non-Federal land has been declining for a vari- drawals or impacts on groundwater resources, Heritage and Recreational Enhancement Act’’ ety of reasons, including continued population unless jurisdiction is asserted, and any regu- or the ‘‘SHARE Act’’. growth and development near former ranges; latory or policy actions taken pursuant to such SEC. 2002. REPORT ON ECONOMIC IMPACT. (4) providing opportunities for target practice assertion are, consistent with, and impose no Not later than 12 months after the date of the and marksmanship training at public target greater restrictions or regulatory requirements enactment of this Act, the Secretary of Interior ranges on Federal and non-Federal land can than, applicable State laws (including regula- shall submit a report to Congress that assesses help— tions) and policies governing the protection and expected economic impacts of the Act. Such re- (A) to promote enjoyment of shooting, rec- use of groundwater resources; or port shall include— reational, and hunting activities; and (4) infringe on the rights and obligations of a (1) a review of any expected increases in rec- (B) to ensure safe and convenient locations State in evaluating, allocating, and adjudi- reational hunting, fishing, shooting, and con- for those activities; cating the waters of the State originating on or servation activities; (5) Federal law in effect on the date of enact- under, or flowing from, land owned or managed (2) an estimate of any jobs created in each in- ment of this Act, including the Pittman-Robert- by the Federal Government. dustry expected to support such activities de- son Wildlife Restoration Act (16 U.S.C. 669 et

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3172 CONGRESSIONAL RECORD — HOUSE May 25, 2016 seq.), provides Federal support for construction activity carried out using a grant under this (A) and (C)(ii) of this paragraph, subsection and expansion of public target ranges by mak- section shall not exceed 75 percent of the total (d)(3), and sections 101 and 102. Sections ing available to States amounts that may be cost of the activity. 101(a)(3)(B) and 102(b)(3) shall not apply to the used for construction, operation, and mainte- ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR importation of any polar bear part authorized nance of public target ranges; and EXPANSION.—The Federal share of the cost of by a permit issued under clause (i)(I). This (6) it is in the public interest to provide in- acquiring land for, expanding, or constructing a clause shall not apply to polar bear parts that creased Federal support to facilitate the con- public target range in a State on Federal or were imported before June 12, 1997. struction or expansion of public target ranges. non-Federal land pursuant to this section or ‘‘(iii) The Secretary shall issue permits under (b) PURPOSE.—The purpose of this subtitle is section 8(b) shall not exceed 90 percent of the clause (i)(II) without regard to subparagraph to facilitate the construction and expansion of cost of the activity.’’; and (C)(ii) of this paragraph or subsection (d)(3). public target ranges, including ranges on Fed- (3) in subsection (c)(1)— Sections 101(a)(3)(B) and 102(b)(3) shall not eral land managed by the Forest Service and the (A) by striking ‘‘Amounts made’’ and insert- apply to the importation of any polar bear part Bureau of Land Management. ing the following: authorized by a permit issued under clause SEC. 2023. DEFINITION OF PUBLIC TARGET ‘‘(A) IN GENERAL.—Except as provided in sub- (i)(II). This clause shall not apply to polar bear RANGE. paragraph (B), amounts made’’; and parts that were imported before the date of en- In this subtitle, the term ‘‘public target (B) by adding at the end the following: actment of the Polar Bear Conservation and range’’ means a specific location that— ‘‘(B) EXCEPTION.—Amounts provided for ac- Fairness Act.’’. (1) is identified by a governmental agency for quiring land for, constructing, or expanding a Subtitle D—Recreational Lands Self-Defense recreational shooting; public target range shall remain available for Act expenditure and obligation during the 5-fiscal- (2) is open to the public; SEC. 2041. SHORT TITLE. year period beginning on October 1 of the first (3) may be supervised; and This subtitle may be cited as the ‘‘Rec- fiscal year for which the amounts are made (4) may accommodate archery or rifle, pistol, reational Lands Self-Defense Act’’. or shotgun shooting. available.’’. SEC. 2042. PROTECTING AMERICANS FROM VIO- SEC. 2024. AMENDMENTS TO PITTMAN-ROBERT- SEC. 2025. LIMITS ON LIABILITY. LENT CRIME. SON WILDLIFE RESTORATION ACT. (a) DISCRETIONARY FUNCTION.—For purposes (a) FINDINGS.—Congress finds the following: (a) DEFINITIONS.—Section 2 of the Pittman- of chapter 171 of title 28, United States Code (1) The Second Amendment to the Constitu- Robertson Wildlife Restoration Act (16 U.S.C. (commonly referred to as the ‘‘Federal Tort tion provides that ‘‘the right of the people to 669a) is amended— Claims Act’’), any action by an agent or em- keep and bear Arms, shall not be infringed’’. (1) by redesignating paragraphs (2) through ployee of the United States to manage or allow (2) Section 327.13 of title 36, Code of Federal (8) as paragraphs (3) through (9), respectively; the use of Federal land for purposes of target Regulations, provides that, except in special cir- and practice or marksmanship training by a member cumstances, ‘‘possession of loaded firearms, am- (2) by inserting after paragraph (1) the fol- of the public shall be considered to be the exer- munition, loaded projectile firing devices, bows lowing: cise or performance of a discretionary function. and arrows, crossbows, or other weapons is pro- ‘‘(2) the term ‘public target range’ means a (b) CIVIL ACTION OR CLAIMS.—Except to the hibited’’ at water resources development projects specific location that— extent provided in chapter 171 of title 28, United administered by the Secretary of the Army. ‘‘(A) is identified by a governmental agency States Code, the United States shall not be sub- (3) The regulations described in paragraph (2) for recreational shooting; ject to any civil action or claim for money dam- prevent individuals complying with Federal and ‘‘(B) is open to the public; ages for any injury to or loss of property, per- State laws from exercising the second amend- ‘‘(C) may be supervised; and sonal injury, or death caused by an activity oc- ment rights of the individuals while at such ‘‘(D) may accommodate archery or rifle, pis- curring at a public target range that is— water resources development projects. tol, or shotgun shooting;’’. (1) funded in whole or in part by the Federal (4) The Federal laws should make it clear that (b) EXPENDITURES FOR MANAGEMENT OF WILD- Government pursuant to the Pittman-Robertson the second amendment rights of an individual at LIFE AREAS AND RESOURCES.—Section 8(b) of the Wildlife Restoration Act (16 U.S.C. 669 et seq.); a water resources development project should Pittman-Robertson Wildlife Restoration Act (16 or not be infringed. U.S.C. 669g(b)) is amended— (2) located on Federal land. (b) PROTECTING THE RIGHT OF INDIVIDUALS TO (1) by striking ‘‘(b) Each State’’ and inserting SEC. 2026. SENSE OF CONGRESS REGARDING CO- BEAR ARMS AT WATER RESOURCES DEVELOP- the following: OPERATION. MENT PROJECTS.—The Secretary of the Army ‘‘(b) EXPENDITURES FOR MANAGEMENT OF It is the sense of Congress that, consistent shall not promulgate or enforce any regulation WILDLIFE AREAS AND RESOURCES.— with applicable laws and regulations, the Chief that prohibits an individual from possessing a ‘‘(1) IN GENERAL.—Except as provided in para- of the Forest Service and the Director of the Bu- firearm, including an assembled or functional graph (2), each State’’; reau of Land Management should cooperate firearm, at a water resources development (2) in paragraph (1) (as so designated), by with State and local authorities and other enti- project covered under section 327.0 of title 36, striking ‘‘construction, operation,’’ and insert- ties to carry out waste removal and other activi- Code of Federal Regulations (as in effect on the ing ‘‘operation’’; ties on any Federal land used as a public target date of enactment of this Act), if— (3) in the second sentence, by striking ‘‘The range to encourage continued use of that land (1) the individual is not otherwise prohibited non-Federal share’’ and inserting the following: for target practice or marksmanship training. by law from possessing the firearm; and ‘‘(3) NON-FEDERAL SHARE.—The non-Federal (2) the possession of the firearm is in compli- share’’; Subtitle C—Polar Bear Conservation and ance with the law of the State in which the (4) in the third sentence, by striking ‘‘The Sec- Fairness Act water resources development project is located. retary’’ and inserting the following: SEC. 2031. SHORT TITLE. Subtitle E—Wildlife and Hunting Heritage ‘‘(4) REGULATIONS.—The Secretary’’; and This subtitle may be cited as the ‘‘Polar Bear Conservation Council Advisory Committee (5) by inserting after paragraph (1) (as des- Conservation and Fairness Act’’. SEC. 2051. WILDLIFE AND HUNTING HERITAGE ignated by paragraph (1) of this subsection) the SEC. 2032. PERMITS FOR IMPORTATION OF POLAR CONSERVATION COUNCIL ADVISORY following: BEAR TROPHIES TAKEN IN SPORT COMMITTEE. ‘‘(2) EXCEPTION.—Notwithstanding the limita- HUNTS IN CANADA. The Fish and Wildlife Coordination Act (16 tion described in paragraph (1), a State may pay Section 104(c)(5)(D) of the Marine Mammal U.S.C. 661 et seq.) is amended by adding at the up to 90 percent of the cost of acquiring land Protection Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is end the following: for, expanding, or constructing a public target amended to read as follows: ‘‘SEC. 10. WILDLIFE AND HUNTING HERITAGE range.’’. ‘‘(D)(i) The Secretary of the Interior shall, ex- CONSERVATION COUNCIL ADVISORY (c) FIREARM AND BOW HUNTER EDUCATION peditiously after the expiration of the applicable COMMITTEE. AND SAFETY PROGRAM GRANTS.—Section 10 of 30-day period under subsection (d)(2), issue a ‘‘(a) ESTABLISHMENT.—There is hereby estab- the Pittman-Robertson Wildlife Restoration Act permit for the importation of any polar bear lished the Wildlife and Hunting Heritage Con- (16 U.S.C. 669h–1) is amended— part (other than an internal organ) from a polar servation Council Advisory Committee (in this (1) in subsection (a), by adding at the end the bear taken in a sport hunt in Canada to any section referred to as the ‘Advisory Committee’) following: person— to advise the Secretaries of the Interior and Ag- ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— ‘‘(I) who submits, with the permit application, riculture on wildlife and habitat conservation, Of the amount apportioned to a State for any proof that the polar bear was legally harvested hunting, and recreational shooting. fiscal year under section 4(b), the State may by the person before February 18, 1997; or ‘‘(b) CONTINUANCE AND ABOLISHMENT OF EX- elect to allocate not more than 10 percent, to be ‘‘(II) who has submitted, in support of a per- ISTING WILDLIFE AND HUNTING HERITAGE CON- combined with the amount apportioned to the mit application submitted before May 15, 2008, SERVATION COUNCIL.—The Wildlife and Hunting State under paragraph (1) for that fiscal year, proof that the polar bear was legally harvested Heritage Conservation Council established pur- for acquiring land for, expanding, or con- by the person before May 15, 2008, from a polar suant to section 441 of the Revised Statutes (43 structing a public target range.’’; bear population from which a sport-hunted tro- U.S.C. 1457), section 2 of the Fish and Wildlife (2) by striking subsection (b) and inserting the phy could be imported before that date in ac- Act of 1956 (16 U.S.C. 742a), and other Acts ap- following: cordance with section 18.30(i) of title 50, Code of plicable to specific bureaus of the Department of ‘‘(b) COST SHARING.— Federal Regulations. the Interior— ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(ii) The Secretary shall issue permits under ‘‘(1) shall continue until the date of the first graph (2), the Federal share of the cost of any clause (i)(I) without regard to subparagraphs meeting of the Wildlife and Hunting Heritage

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Conservation Council established by the amend- ‘‘(2) TERMS.— Committee on Energy and Natural Resources ment made by subsection (a); and ‘‘(A) IN GENERAL.—Except as provided in sub- and the Committee on Agriculture, Nutrition, ‘‘(2) is hereby abolished effective on that date. paragraph (B), members of the Advisory Com- and Forestry of the Senate. If circumstances ‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.— mittee shall be appointed for a term of 4 years. arise in which the Advisory Committee cannot The Advisory Committee shall advise the Secre- Members shall not be appointed for more than 3 meet the September 30 deadline in any year, the taries with regard to— consecutive or nonconsecutive terms. Secretaries shall advise the Chairpersons of ‘‘(1) implementation of Executive Order No. ‘‘(B) TERMS OF INITIAL APPOINTEES.—As des- each such Committee of the reasons for such 13443: Facilitation of Hunting Heritage and ignated by the Secretary at the time of appoint- delay and the date on which the submission of Wildlife Conservation, which directs Federal ment, of the members first appointed— the report is anticipated. agencies ‘to facilitate the expansion and en- ‘‘(i) 6 members shall be appointed for a term of ‘‘(2) CONTENTS.—The report required by para- hancement of hunting opportunities and the 4 years; graph (1) shall describe— management of game species and their habitat’; ‘‘(ii) 5 members shall be appointed for a term ‘‘(A) the activities of the Advisory Committee ‘‘(2) policies or programs to conserve and re- of 3 years; and during the preceding year; store wetlands, agricultural lands, grasslands, ‘‘(iii) 5 members shall be appointed for a term ‘‘(B) the reports and recommendations made forest, and rangeland habitats; of 2 years. by the Advisory Committee to the Secretaries ‘‘(3) policies or programs to promote opportu- ‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA- during the preceding year; and nities and access to hunting and shooting sports TUS.—No individual may be appointed as a dis- ‘‘(C) an accounting of actions taken by the on Federal lands; cretionary member of the Advisory Committee Secretaries as a result of the recommendations. ‘‘(4) policies or programs to recruit and retain while serving as an officer or employee of the ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.— new hunters and shooters; Federal Government. The Advisory Committee shall be exempt from ‘‘(5) policies or programs that increase public ‘‘(4) VACANCY AND REMOVAL.— the Federal Advisory Committee Act (5 U.S.C. awareness of the importance of wildlife con- ‘‘(A) IN GENERAL.—Any vacancy on the Advi- App.).’’. servation and the social and economic benefits sory Committee shall be filled in the manner in Subtitle F—Recreational Fishing and of recreational hunting and shooting; and which the original appointment was made. Hunting Heritage Opportunities Act ‘‘(6) policies or programs that encourage co- ‘‘(B) REMOVAL.—Advisory Committee members ordination among the public, the hunting and shall serve at the discretion of the Secretaries SEC. 2061. SHORT TITLE. shooting sports community, wildlife conserva- and may be removed at any time for good cause. This subtitle may be cited as the ‘‘Rec- tion groups, and States, tribes, and the Federal ‘‘(5) CONTINUATION OF SERVICE.—Each ap- reational Fishing and Hunting Heritage and Government. pointed member may continue to serve after the Opportunities Act’’. ‘‘(d) MEMBERSHIP.— expiration of the term of office to which such SEC. 2062. FINDINGS. ‘‘(1) APPOINTMENT.— member was appointed until a successor has Congress finds that— ‘‘(A) IN GENERAL.—The Advisory Committee been appointed. (1) recreational fishing and hunting are im- shall consist of no more than 16 discretionary ‘‘(6) CHAIRPERSON.—The Chairperson of the portant and traditional activities in which mil- members and 8 ex officio members. Advisory Committee shall be appointed for a 3- lions of Americans participate; ‘‘(B) EX OFFICIO MEMBERS.—The ex officio year term by the Secretaries, jointly, from (2) recreational anglers and hunters have members are— among the members of the Advisory Committee. been and continue to be among the foremost ‘‘(i) the Director of the United States Fish and An individual may not be appointed as Chair- supporters of sound fish and wildlife manage- Wildlife Service or a designated representative person for more than 2 consecutive or non- ment and conservation in the United States; of the Director; consecutive terms. (3) recreational fishing and hunting are envi- ‘‘(ii) the Director of the Bureau of Land Man- ‘‘(7) PAY AND EXPENSES.—Members of the Ad- ronmentally acceptable and beneficial activities agement or a designated representative of the visory Committee shall serve without pay for that occur and can be provided on Federal Director; such service, but each member of the Advisory lands and waters without adverse effects on ‘‘(iii) the Director of the National Park Serv- Committee may be reimbursed for travel and other uses or users; ice or a designated representative of the Direc- lodging incurred through attending meetings of (4) recreational anglers, hunters, and sporting tor; the Advisory Committee approved subgroup organizations provide direct assistance to fish ‘‘(iv) the Chief of the Forest Service or a des- meetings in the same amounts and under the and wildlife managers and enforcement officers ignated representative of the Chief; same conditions as Federal employees (in ac- of the Federal Government as well as State and ‘‘(v) the Chief of the Natural Resources Con- cordance with section 5703 of title 5, United local governments by investing volunteer time servation Service or a designated representative States Code). and effort to fish and wildlife conservation; of the Chief; ‘‘(8) MEETINGS.— (5) recreational anglers, hunters, and the as- ‘‘(vi) the Administrator of the Farm Service ‘‘(A) IN GENERAL.—The Advisory Committee sociated industries have generated billions of Agency or a designated representative of the shall meet at the call of the Secretaries, the dollars of critical funding for fish and wildlife Administrator; chairperson, or a majority of the members, but conservation, research, and management by pro- ‘‘(vii) the Executive Director of the Associa- not less frequently than twice annually. viding revenues from purchases of fishing and tion of Fish and Wildlife Agencies; and ‘‘(B) OPEN MEETINGS.—Each meeting of the hunting licenses, permits, and stamps, as well as ‘‘(viii) the Administrator of the Small Business Advisory Committee shall be open to the public. excise taxes on fishing, hunting, and rec- Administration or designated representative. ‘‘(C) PRIOR NOTICE OF MEETINGS.—Timely no- reational shooting equipment that have gen- ‘‘(C) DISCRETIONARY MEMBERS.—The discre- tice of each meeting of the Advisory Committee erated billions of dollars of critical funding for tionary members shall be appointed jointly by shall be published in the Federal Register and fish and wildlife conservation, research, and the Secretaries from at least one of each of the be submitted to trade publications and publica- management; following: tions of general circulation. (6) recreational shooting is also an important ‘‘(i) State fish and wildlife agencies. ‘‘(D) SUBGROUPS.—The Advisory Committee and traditional activity in which millions of ‘‘(ii) Game bird hunting organizations. Americans participate; ‘‘(iii) Wildlife conservation organizations. may establish such workgroups or subgroups as (7) safe recreational shooting is a valid use of ‘‘(iv) Big game hunting organizations. it deems necessary for the purpose of compiling Federal lands, including the establishment of ‘‘(v) Waterfowl hunting organizations. information or conducting research. However, ‘‘(vi) The tourism, outfitter, or guiding indus- such workgroups may not conduct business safe and convenient recreational shooting try. without the direction of the Advisory Committee ranges on such lands, and participation in rec- ‘‘(vii) The firearms or ammunition manufac- and must report in full to the Advisory Com- reational shooting helps recruit and retain turing industry. mittee. hunters and contributes to wildlife conserva- ‘‘(viii) The hunting or shooting equipment re- ‘‘(9) QUORUM.—Nine members of the Advisory tion; tail industry. Committee shall constitute a quorum. (8) opportunities to recreationally fish, hunt, ‘‘(ix) Tribal resource management organiza- ‘‘(e) EXPENSES.—The expenses of the Advisory and shoot are declining, which depresses par- tions. Committee that the Secretaries determine to be ticipation in these traditional activities, and de- ‘‘(x) The agriculture industry. reasonable and appropriate shall be paid by the pressed participation adversely impacts fish and ‘‘(xi) The ranching industry. Secretaries. wildlife conservation and funding for important ‘‘(xii) Women’s hunting and fishing advocacy, ‘‘(f) ADMINISTRATIVE SUPPORT, TECHNICAL conservation efforts; and outreach, or education organization. SERVICES, AND ADVICE.—A designated Federal (9) the public interest would be served, and ‘‘(xiii) Minority hunting and fishing advo- Officer shall be jointly appointed by the Secre- our citizens’ fish and wildlife resources bene- cacy, outreach, or education organization. taries to provide to the Advisory Committee the fitted, by action to ensure that opportunities are ‘‘(xiv) Veterans service organization. administrative support, technical services, and facilitated to engage in fishing and hunting on ‘‘(D) ELIGIBILITY.—Prior to the appointment advice that the Secretaries determine to be rea- Federal land as recognized by Executive Order of the discretionary members, the Secretaries sonable and appropriate. No. 12962, relating to recreational fisheries, and shall determine that all individuals nominated ‘‘(g) ANNUAL REPORT.— Executive Order No. 13443, relating to facilita- for appointment to the Advisory Committee, and ‘‘(1) REQUIRED.—Not later than September 30 tion of hunting heritage and wildlife conserva- the organization each individual represents, ac- of each year, the Advisory Committee shall sub- tion. tively support and promote sustainable-use mit a report to the Secretaries, the Committee on SEC. 2063. FISHING, HUNTING, AND REC- hunting, wildlife conservation, and recreational Natural Resources and the Committee on Agri- REATIONAL SHOOTING. shooting. culture of the House of Representatives, and the (a) DEFINITIONS.—In this section:

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(1) FEDERAL LAND.—The term ‘‘Federal land’’ 4(a)(3) of the National Wildlife Refuge System ing, hunting, and recreational shooting, and the means any land or water that is owned by the Administration Act of 1966 (16 U.S.C. conservation of fish and wildlife to provide sus- United States and under the administrative ju- 668dd(a)(3)) is amended— tainable use recreational opportunities on des- risdiction of the Bureau of Land Management (A) by redesignating subparagraphs (C) and ignated Federal wilderness areas shall con- or the Forest Service. (D) as subparagraphs (D) and (E), respectively; stitute measures necessary to meet the minimum (2) FEDERAL LAND MANAGEMENT OFFICIALS.— and requirements for the administration of the wil- The term ‘‘Federal land management officials’’ (B) by inserting after subparagraph (B), the derness area, provided that this determination means— following: shall not authorize or facilitate commodity de- (A) the Secretary of the Interior and Director ‘‘(C) the Secretary shall integrate wildlife-development, use, or extraction, motorized rec- of the Bureau of Land Management regarding pendent recreational uses in accordance with reational access or use that is not otherwise al- Bureau of Land Management lands and inter- their status as priority general public uses into lowed under the Wilderness Act (16 U.S.C. 1131 ests in lands under the administrative jurisdic- proposed or existing regulations, policies, cri- et seq.), or permanent road construction or tion of the Bureau of Land Management; and teria, plans, or other activities to alter or amend maintenance within designated wilderness (B) the Secretary of Agriculture and Chief of the manner in which individual refuges or the areas. the Forest Service regarding National Forest National Wildlife Refuge System (System) are (2) APPLICATION OF WILDERNESS ACT.—Provi- System lands. managed, including, but not limited to, any ac- sions of the Wilderness Act (16 U.S.C. 1131 et (3) HUNTING.— tivities which target or prioritize criteria for seq.), stipulating that wilderness purposes are (A) IN GENERAL.—Except as provided in sub- long and short term System acquisitions;’’. ‘‘within and supplemental to’’ the purposes of paragraph (B), the term ‘‘hunting’’ means use (3) NO MAJOR FEDERAL ACTION.—No action the underlying Federal land unit are reaffirmed. of a firearm, bow, or other authorized means in taken under this subtitle, or under section 4 of When seeking to carry out fish and wildlife con- the lawful— the National Wildlife Refuge System Adminis- servation programs and projects or provide fish (i) pursuit, shooting, capture, collection, trap- tration Act of 1966 (16 U.S.C. 668dd), either indi- and wildlife dependent recreation opportunities ping, or killing of wildlife; vidually or cumulatively with other actions in- on designated wilderness areas, each Federal (ii) attempt to pursue, shoot, capture, collect, volving Federal lands or lands managed by the land management official shall implement these trap, or kill wildlife; or United States Fish and Wildlife Service, shall be supplemental purposes so as to facilitate, en- (iii) the training of hunting dogs, including considered to be a major Federal action signifi- hance, or both, but not to impede the under- field trials. cantly affecting the quality of the human envi- lying Federal land purposes when seeking to (B) EXCLUSION.—The term ‘‘hunting’’ does ronment, and no additional identification, anal- carry out fish and wildlife conservation pro- not include the use of skilled volunteers to cull ysis, or consideration of environmental effects, grams and projects or provide fish and wildlife excess animals (as defined by other Federal including cumulative effects, is necessary or re- dependent recreation opportunities in des- law). quired. ignated wilderness areas, provided that such im- (4) RECREATIONAL FISHING.—The term ‘‘rec- (4) OTHER ACTIVITY NOT CONSIDERED.—Fed- plementation shall not authorize or facilitate reational fishing’’ means the lawful— eral land management officials are not required commodity development, use or extraction, or (A) pursuit, capture, collection, or killing of to consider the existence or availability of fish- permanent road construction or maintenance fish; or (B) attempt to capture, collect, or kill fish. ing, hunting, or recreational shooting opportu- within designated wilderness areas. (g) NO PRIORITY.—Nothing in this section re- (5) RECREATIONAL SHOOTING.—The term ‘‘rec- nities on adjacent or nearby public or private reational shooting’’ means any form of sport, lands in the planning for or determination of quires a Federal land management official to training, competition, or pastime, whether for- which Federal lands are open for these activities give preference to fishing, hunting, or rec- mal or informal, that involves the discharge of or in the setting of levels of use for these activi- reational shooting over other uses of Federal a rifle, handgun, or shotgun, or the use of a ties on Federal lands, unless the combination or land or over land or water management prior- bow and arrow. coordination of such opportunities would en- ities established by Federal law. (h) CONSULTATION WITH COUNCILS.—In ful- (b) IN GENERAL.—Subject to valid existing hance the fishing, hunting, or recreational rights and subsection (e), and cooperation with shooting opportunities available to the public. filling the duties under this section, Federal the respective State fish and wildlife agency, (e) FEDERAL LANDS.— land management officials shall consult with re- Federal land management officials shall exercise (1) LANDS OPEN.—Lands under the jurisdic- spective advisory councils as established in Ex- authority under existing law, including provi- tion of the Bureau of Land Management and ecutive Order Nos. 12962 and 13443. (i) AUTHORITY OF THE STATES.—Nothing in sions regarding land use planning, to facilitate the Forest Service, including Wilderness Areas, this section shall be construed as interfering use of and access to Federal lands, including Wilderness Study Areas, lands designated as with, diminishing, or conflicting with the au- National Monuments, Wilderness Areas, Wilder- wilderness or administratively classified as wil- thority, jurisdiction, or responsibility of any ness Study Areas, and lands administratively derness eligible or suitable and primitive or State to exercise primary management, control, classified as wilderness eligible or suitable and semi-primitive areas and National Monuments, or regulation of fish and wildlife under State primitive or semi-primitive areas, for fishing, but excluding lands on the Outer Continental law (including regulations) on land or water hunting, and recreational shooting, except as Shelf, shall be open to fishing, hunting, and recreational shooting unless the managing Federal within the State, including on Federal land. limited by— (j) FEDERAL LICENSES.—Nothing in this sec- (1) statutory authority that authorizes action agency acts to close lands to such activity. tion shall be construed to authorize a Federal or withholding action for reasons of national se- Lands may be subject to closures or restrictions land management official to require a license, curity, public safety, or resource conservation; if determined by the head of the agency to be fee, or permit to fish, hunt, or trap on land or (2) any other Federal statute that specifically necessary and reasonable and supported by water in a State, including on Federal land in precludes fishing, hunting, or recreational facts and evidence, for purposes including re- the States, except that this subsection shall not shooting on specific Federal lands, waters, or source conservation, public safety, energy or affect the Migratory Bird Stamp requirement set units thereof; and mineral production, energy generation or trans- (3) discretionary limitations on fishing, hunt- mission infrastructure, water supply facilities, forth in the Migratory Bird Hunting and Con- ing, and recreational shooting determined to be protection of other permittees, protection of pri- servation Stamp Act (16 U.S.C. 718 et seq.). necessary and reasonable as supported by the vate property rights or interest, national secu- SEC. 2064. VOLUNTEER HUNTERS; REPORTS; CLO- best scientific evidence and advanced through a rity, or compliance with other law. SURES AND RESTRICTIONS. (a) DEFINITIONS.—For the purposes of this transparent public process. (2) RECREATIONAL SHOOTING RANGES.— section: (c) MANAGEMENT.—Consistent with subsection (A) IN GENERAL.—The head of each Federal (1) PUBLIC LAND.—The term ‘‘public land’’ (a), Federal land management officials shall ex- agency shall use his or her authorities in a manner consistent with this Act and other applica- means— ercise their land management discretion— (A) units of the National Park System; ble law, to— (1) in a manner that supports and facilitates (B) National Forest System lands; and fishing, hunting, and recreational shooting op- (i) lease or permit use of lands under the juris- (C) land and interests in land owned by the portunities; diction of the agency for recreational shooting United States and under the administrative ju- (2) to the extent authorized under applicable ranges; and risdiction of— State law; and (ii) designate specific lands under the jurisdic- (i) the Fish and Wildlife Service; or (3) in accordance with applicable Federal law. tion of the agency for recreational shooting ac- (ii) the Bureau of Land Management. (d) PLANNING.— tivities. (2) SECRETARY.—The term ‘‘Secretary’’ (1) EVALUATION OF EFFECTS ON OPPORTUNITIES (B) LIMITATION ON LIABILITY.—Any designa- means— TO ENGAGE IN FISHING, HUNTING, OR REC- tion under subparagraph (A)(ii) shall not sub- (A) the Secretary of the Interior and includes REATIONAL SHOOTING.—Planning documents ject the United States to any civil action or the Director of the National Park Service, with that apply to Federal lands, including land reclaim for monetary damages for injury or loss of regard to units of the National Park System; sources management plans, resource manage- property or personal injury or death caused by (B) the Secretary of the Interior and includes ment plans, travel management plans, and gen- any activity occurring at or on such designated the Director of the Fish and Wildlife Service, eral management plans shall include a specific lands. with regard to Fish and Wildlife Service lands evaluation of the effects of such plans on oppor- (f) NECESSITY IN WILDERNESS AREAS AND and waters; tunities to engage in fishing, hunting, or rec- ‘‘WITHIN AND SUPPLEMENTAL TO’’ WILDERNESS (C) the Secretary of the Interior and includes reational shooting. PURPOSES.— the Director of the Bureau of Land Manage- (2) STRATEGIC GROWTH POLICY FOR THE NA- (1) MINIMUM REQUIREMENTS FOR ADMINISTRA- ment, with regard to Bureau of Land Manage- TIONAL WILDLIFE REFUGE SYSTEM.—Section TION.—The provision of opportunities for fish- ment lands and waters; and

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3175 (D) the Secretary of Agriculture and includes ‘‘(I) has been treated with a normal agricul- Subtitle H—Transporting Bows Across the Chief of the Forest Service, with regard to tural practice; National Park Service Lands National Forest System lands. ‘‘(II) has standing crops that have not been SEC. 2081. SHORT TITLE. (3) VOLUNTEER FROM THE HUNTING COMMU- manipulated; or This subtitle may be cited as the ‘‘Hunter Ac- NITY.—The term ‘‘volunteer from the hunting ‘‘(III) has standing crops that have been or cess Corridors Act’’. community’’ means a volunteer who holds a are flooded. SEC. 2082. BOWHUNTING OPPORTUNITY AND valid hunting license issued by a State. ‘‘(B) BAITING.—The term ‘baiting’ means the WILDLIFE STEWARDSHIP. (b) VOLUNTEER HUNTERS.—When planning direct or indirect placing, exposing, depositing, (a) IN GENERAL.—Subchapter II of chapter wildlife management involving reducing the size distributing, or scattering of salt, grain, or other 1015 of title 54, United States Code, is amended of a wildlife population on public land, the Sec- feed that could lure or attract migratory game by adding at the end the following: retary shall consider the use of and may use vol- birds to, on, or over any areas on which a hun- ‘‘§ 101513. Hunter access corridors unteers from the hunting community as agents ter is attempting to take migratory game birds. ‘‘(a) DEFINITIONS.—In this section: to assist in carrying out wildlife management on ‘‘(C) MIGRATORY GAME BIRD.—The term ‘mi- ‘‘(1) NOT READY FOR IMMEDIATE USE.—The public land. The Secretary shall not reject the gratory game bird’ means migratory bird spe- use of volunteers from the hunting community term ‘not ready for immediate use’ means— cies— ‘‘(A) a bow or crossbow, the arrows of which as agents without the concurrence of the appro- ‘‘(i) that are within the taxonomic families of priate State wildlife management authorities. are secured or stowed in a quiver or other arrow Anatidae, Columbidae, Gruidae, Rallidae, and transport case; and (c) REPORT.—Beginning on the second Octo- Scolopacidae; and ber 1 after the date of the enactment of this Act ‘‘(B) with respect to a crossbow, uncocked. ‘‘(ii) for which open seasons are prescribed by ‘‘(2) VALID HUNTING LICENSE.—The term ‘valid and biennially on October 1 thereafter, the Sec- the Secretary of the Interior. retary shall submit to the Committee on Natural hunting license’ means a State-issued hunting ‘‘(D) NORMAL AGRICULTURAL PRACTICE.— license that authorizes an individual to hunt on Resources of the House of Representatives and ‘‘(i) IN GENERAL.—The term ‘normal agricul- the Committee on Energy and Natural Resources private or public land adjacent to the System tural practice’ means any practice in 1 annual unit in which the individual is located while in of the Senate a report that describes— growing season that— (1) any public land administered by the Sec- possession of a bow or crossbow that is not ‘‘(I) is carried out in order to produce a mar- ready for immediate use. retary that was closed to fishing, hunting, and ketable crop, including planting, harvest, recreational shooting at any time during the ‘‘(b) TRANSPORTATION AUTHORIZED.— postharvest, or soil conservation practices; and ‘‘(1) IN GENERAL.—The Director shall not re- preceding year; and ‘‘(II) is recommended for the successful har- (2) the reason for the closure. quire a permit for, or promulgate or enforce any vest of a given crop by the applicable State of- (d) CLOSURES OR SIGNIFICANT RESTRICTIONS.— regulation that prohibits an individual from (1) IN GENERAL.—Other than closures estab- fice of the Cooperative Extension System of the transporting bows and crossbows that are not lished or prescribed by land planning actions re- Department of Agriculture, in consultation ready for immediate use across any System unit ferred to in section 2064(e) or emergency closures with, and if requested, the concurrence of, the if— described in paragraph (2), a permanent or tem- head of the applicable State department of fish ‘‘(A) in the case of an individual traversing porary withdrawal, change of classification, or and wildlife. the System unit on foot— change of management status of public land ‘‘(ii) INCLUSIONS.— ‘‘(i) the individual is not otherwise prohibited that effectively closes or significantly restricts ‘‘(I) IN GENERAL.—Subject to subclause (II), by law from possessing the bows and crossbows; any acreage of public land to access or use for the term ‘normal agricultural practice’ includes ‘‘(ii) the bows or crossbows are not ready for fishing, hunting, recreational shooting, or ac- the destruction of a crop in accordance with immediate use throughout the period during tivities related to fishing, hunting, or rec- practices required by the Federal Crop Insur- which the bows or crossbows are transported reational shooting, or a combination of those ac- ance Corporation for agricultural producers to across the System unit; ‘‘(iii) the possession of the bows and crossbows tivities, shall take effect only if, before the date obtain crop insurance under the Federal Crop is in compliance with the law of the State in of withdrawal or change, the Secretary— Insurance Act (7 U.S.C. 1501 et seq.) on land on (A) publishes appropriate notice of the with- which a crop during the current or immediately which the System unit is located; and ‘‘(iv)(I) the individual possesses a valid hunt- drawal or change, respectively; preceding crop year was not harvestable due to (B) demonstrates that coordination has oc- a natural disaster (including any hurricane, ing license; ‘‘(II) the individual is traversing the System curred with a State fish and wildlife agency; storm, tornado, flood, high water, wind-driven unit en route to a hunting access corridor estab- and water, tidal wave, tsunami, earthquake, vol- (C) submits to the Committee on Natural Re- canic eruption, landslide, mudslide, drought, lished under subsection (c)(1); or ‘‘(III) the individual is traversing the System sources of the House of Representatives and the fire, snowstorm, or other catastrophe that is de- unit in compliance with any other applicable Committee on Energy and Natural Resources of clared a major disaster by the President in ac- regulations or policies; or the Senate written notice of the withdrawal or cordance with section 401 of the Robert T. Staf- ‘‘(B) the bows or crossbows are not ready for change, respectively. ford Disaster Relief and Emergency Assistance immediate use and remain inside a vehicle. (2) EMERGENCY CLOSURES.—Nothing in this Act (42 U.S.C. 5170)). ‘‘(2) ENFORCEMENT.—Nothing in this sub- Act prohibits the Secretary from establishing or ‘‘(II) LIMITATIONS.—The term ‘normal agricul- section limits the authority of the Director to implementing emergency closures or restrictions tural practice’ only includes a crop described in enforce laws (including regulations) prohibiting of the smallest practicable area to provide for subclause (I) that has been destroyed or manip- hunting or the taking of wildlife in any System public safety, resource conservation, national ulated through activities that include (but are unit. security, or other purposes authorized by law. not limited to) mowing, discing, or rolling if the ‘‘(c) ESTABLISHMENT OF HUNTER ACCESS COR- Such an emergency closure shall terminate after Federal Crop Insurance Corporation certifies RIDORS.— a reasonable period of time unless converted to that flooding was not an acceptable method of ‘‘(1) IN GENERAL.—On a determination by the a permanent closure consistent with this Act. destruction to obtain crop insurance under the Director under paragraph (2), the Director may Subtitle G—Farmer and Hunter Protection Federal Crop Insurance Act (7 U.S.C. 1501 et establish and publish (in accordance with sec- Act seq.). tion 1.5 of title 36, Code of Federal Regulations SEC. 2071. SHORT TITLE. ‘‘(E) WATERFOWL.—The term ‘waterfowl’ (or a successor regulation)), on a publicly avail- This subtitle may be cited as the ‘‘Hunter and means native species of the family Anatidae. able map, hunter access corridors across System Farmer Protection Act’’. ‘‘(2) PROHIBITION.—It shall be unlawful for units that are used to access public land that any person— SEC. 2072. BAITING OF MIGRATORY GAME BIRDS. is— ‘‘(A) to take any migratory game bird by bait- Section 3 of the Migratory Bird Treaty Act (16 ‘‘(A) contiguous to a System unit; and ing or on or over any baited area, if the person U.S.C. 704) is amended by striking subsection (b) ‘‘(B) open to hunting. knows or reasonably should know that the area and inserting the following: ‘‘(2) DETERMINATION BY DIRECTOR.—The de- is a baited area; or ‘‘(b) PROHIBITION OF BAITING.— termination referred to in paragraph (1) is a de- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(B) to place or direct the placement of bait termination that the hunter access corridor ‘‘(A) BAITED AREA.— on or adjacent to an area for the purpose of would provide wildlife management or visitor ‘‘(i) IN GENERAL.—The term ‘baited area’ causing, inducing, or allowing any person to experience benefits within the boundary of the means— take or attempt to take any migratory game bird System unit in which the hunter access corridor ‘‘(I) any area on which salt, grain, or other by baiting or on or over the baited area. is located. feed has been placed, exposed, deposited, dis- ‘‘(3) REGULATIONS.—The Secretary of the Inte- ‘‘(3) HUNTING SEASON.—The hunter access cor- tributed, or scattered, if the salt, grain, or feed rior may promulgate regulations to implement ridors shall be open for use during hunting sea- could lure or attract migratory game birds; and this subsection. sons. ‘‘(II) in the case of waterfowl, cranes (family ‘‘(4) REPORTS.—Annually, the Secretary of ‘‘(4) EXCEPTION.—The Director may establish Gruidae), and coots (family Rallidae), a stand- Agriculture shall submit to the Secretary of the limited periods during which access through the ing, unharvested crop that has been manipu- Interior a report that describes any changes to hunter access corridors is closed for reasons of lated through activities such as mowing, normal agricultural practices across the range public safety, administration, or compliance discing, or rolling, unless the activities are nor- of crops grown by agricultural producers in with applicable law. Such closures shall be mal agricultural practices. each region of the United States in which the clearly marked with signs and dates of closures, ‘‘(ii) EXCLUSIONS.—An area shall not be con- recommendations are provided to agricultural and shall not include gates, chains, walls, or sidered to be a ‘baited area’ if the area— producers.’’. other barriers on the hunter access corridor.

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‘‘(5) IDENTIFICATION OF CORRIDORS.—The Di- ‘‘(3) to maintain the database referred to in ‘‘(5) subtitle F of title I of the Omnibus Public rector shall— paragraph (2).’’; and Land Management Act of 2009 (16 U.S.C. 1132 ‘‘(A) make information regarding hunter ac- (B) in subsection (d), by striking ‘‘11’’ and in- note; Public Law 111–11); cess corridors available on the individual serting ‘‘22’’; ‘‘(6) subtitle O of title I of the Omnibus Public website of the applicable System unit; and (4) by amending section 206(c)(1) (43 U.S.C. Land Management Act of 2009 (16 U.S.C. ‘‘(B) provide information regarding any proc- 2305(c)(1)) to read as follows: 460www note, 1132 note; Public Law 111–11); esses established by the Director for trans- ‘‘(1) USE OF FUNDS.— ‘‘(7) section 2601 of the Omnibus Public Land porting legally taken game through individual ‘‘(A) IN GENERAL.—Funds in the Federal Land Management Act of 2009 (Public Law 111–11; 123 hunter access corridors. Disposal Account shall be expended, subject to Stat. 1108); or ‘‘(6) REGISTRATION; TRANSPORTATION OF appropriation, in accordance with this sub- ‘‘(8) section 2606 of the Omnibus Public Land GAME.—The Director may— section. Management Act of 2009 (Public Law 111–11; 123 ‘‘(A) provide registration boxes to be located ‘‘(B) PURPOSES.—Except as authorized under Stat. 1121).’’. at the trailhead of each hunter access corridor paragraph (2), funds in the Federal Land Dis- Subtitle J—African Elephant Conservation for self-registration; posal Account shall be used for one or more of ‘‘(B) provide a process for online self-registra- the following purposes: and Legal Ivory Possession Act tion; and ‘‘(i) To purchase lands or interests therein SEC. 2101. SHORT TITLE. ‘‘(C) allow nonmotorized conveyances to that are otherwise authorized by law to be ac- This subtitle may be cited as the ‘‘African Ele- transport legally taken game through a hunter quired and are one or more of the following: phant Conservation and Legal Ivory Possession access corridor established under this sub- ‘‘(I) Inholdings. Act’’. section, including game carts and sleds. ‘‘(II) Adjacent to federally designated areas SEC. 2102. REFERENCES. and contain exceptional resources. ‘‘(7) CONSULTATION WITH STATES.—The Direc- Except as otherwise specifically provided, ‘‘(III) Provide opportunities for hunting, rector shall consult with each applicable State whenever in this subtitle an amendment or re- reational fishing, recreational shooting, and wildlife agency to identify appropriate hunter peal is expressed in terms of an amendment to, access corridors. other recreational activities. ‘‘(IV) Likely to aid in the performance of de- or repeal of, a provision, the reference shall be ‘‘(d) EFFECT.—Nothing in this section— considered to be made to a provision of the Afri- ‘‘(1) diminishes, enlarges, or modifies any ferred maintenance or the reduction of operation and maintenance costs or other deferred can Elephant Conservation Act (16 U.S.C. 4201 Federal or State authority with respect to rec- et seq.). reational hunting, recreational shooting, or any costs. other recreational activities within the bound- ‘‘(ii) To perform deferred maintenance or SEC. 2103. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW EN- aries of a System unit; or other maintenance activities that enhance opportunities for recreational access.’’; FORCEMENT OFFICERS IN EACH AF- ‘‘(2) authorizes— RICAN ELEPHANT RANGE COUNTRY. ‘‘(A) the establishment of new trails in System (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))— (A) by striking subparagraph (A); Part I (16 U.S.C. 4211 et seq.) is amended by units; or adding at the end the following: ‘‘(B) authorizes individuals to access areas in (B) by redesignating subparagraphs (B), (C), ‘‘SEC. 2105. PLACEMENT OF UNITED STATES FISH System units, on foot or otherwise, that are not and (D) as subparagraphs (A), (B), and (C), respectively; AND WILDLIFE SERVICE LAW EN- open to such access. FORCEMENT OFFICERS IN EACH AF- ‘‘(e) NO MAJOR FEDERAL ACTION.— (C) in subparagraph (C) (as so redesignated by this paragraph)— RICAN ELEPHANT RANGE COUNTRY. ‘‘(1) IN GENERAL.—Any action taken under ‘‘The Secretary, in coordination with the Sec- this section shall not be considered a major Fed- (i) by striking ‘‘PURCHASES’’ and inserting ‘‘LAND PURCHASES AND PERFORMANCE OF DE- retary of State, may station United States Fish eral action significantly affecting the quality of and Wildlife Service law enforcement officers in the human environment under the National En- FERRED MAINTENANCE ACTIVITIES’’; (ii) by striking ‘‘subparagraph (C)’’ and in- the primary United States diplomatic or con- vironmental Policy Act of 1969 (42 U.S.C. 4321 et serting ‘‘subparagraph (B)’’; and sular post in each African country that has a seq.). (iii) by inserting ‘‘for the activities outlined in significant population of African elephants, ‘‘(2) NO ADDITIONAL ACTION REQUIRED.—No paragraph (2)’’ after ‘‘generated’’; and who shall assist local wildlife rangers in the additional identification, analyses, or consider- (D) by adding at the end the following: protection of African elephants and facilitate ation of environmental effects (including cumu- ‘‘(D) Any funds made available under sub- the apprehension of individuals who illegally lative environmental effects) is necessary or re- paragraph (C) that are not obligated or ex- kill, or assist the illegal killing of, African ele- quired with respect to an action taken under pended by the end of the fourth full fiscal year phants.’’. this section.’’. after the date of the sale or exchange of land SEC. 2104. TREATMENT OF ELEPHANT IVORY. (b) CLERICAL AMENDMENT.—The table of sec- that generated the funds may be expended in tions for title 54, United States Code, is amended Section 2203 (16 U.S.C. 4223) is further amend- any State.’’; ed by adding at the end the following: by inserting after the item relating to section (6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))— 101512 the following: ‘‘(c) TREATMENT OF ELEPHANT IVORY.—Noth- (A) by inserting after subparagraph (A) the ing in this Act or the Endangered Species Act of ‘‘101513. Hunter access corridors.’’. following: 1973 (16 U.S.C. 1538) shall be construed— Subtitle I—Federal Land Transaction ‘‘(B) the extent to which the acquisition of the ‘‘(1) to prohibit, or to authorize prohibiting, Facilitation Act Reauthorization (FLTFA) land or interest therein will increase the public the possession, sale, delivery, receipt, shipment, availability of resources for, and facilitate pub- SEC. 2091. SHORT TITLE. or transportation of African elephant ivory, or lic access to, hunting, fishing, and other rec- This subtitle may be cited as the ‘‘Federal any product containing African elephant ivory, reational activities;’’; and Land Transaction Facilitation Act Reauthoriza- that is in the United States because it has been (B) by redesignating subparagraphs (B) and tion’’. lawfully imported or crafted in the United (C) as subparagraphs (C) and (D); States; or SEC. 2092. FEDERAL LAND TRANSACTION FACILI- (7) in section 206(f) (43 U.S.C. 2305(f)), by ‘‘(2) to authorize using any means of deter- TATION ACT. amending paragraph (2) to read as follows: mining for purposes of this Act or the Endan- The Federal Land Transaction Facilitation ‘‘(2) any remaining balance in the account gered Species Act of 1973 whether African ele- Act is amended— shall be deposited in the Treasury and used for phant ivory that is present in the United States (1) in section 203(1) (43 U.S.C. 2302(1)), by deficit reduction, except that in the case of a fis- has been lawfully imported, including any pre- striking ‘‘cultural, or’’ and inserting ‘‘cultural, cal year for which there is no Federal budget sumption or burden of proof applied in such de- recreational access and use, or other’’; deficit, such amounts shall be used to reduce the termination, other than such means used by the (2) in section 203(2) in the matter preceding Federal debt (in such manner as the Secretary Secretary as of February 24, 2014.’’. subparagraph (A), by striking ‘‘on the date of of the Treasury considers appropriate).’’; and enactment of this Act was’’ and inserting ‘‘is’’; (8) in section 207(b) (43 U.S.C. 2306(b))— SEC. 2105. AFRICAN ELEPHANT CONSERVATION (3) in section 205 (43 U.S.C. 2304)— (A) in paragraph (1)— ACT FINANCIAL ASSISTANCE PRI- (A) in subsection (a), by striking ‘‘section 206’’ (i) by striking ‘‘96–568’’ and inserting ‘‘96– ORITY AND REAUTHORIZATION. and all that follows through the period and in- 586’’; and (a) FINANCIAL ASSISTANCE PRIORITY.—Section serting the following: ‘‘section 206— (ii) by striking ‘‘; or’’ and inserting a semi- 2101 (16 U.S.C. 4211) is amended by redesig- ‘‘(1) to complete appraisals and satisfy other colon; nating subsections (e) and (f) as subsections (f) legal requirements for the sale or exchange of (B) in paragraph (2)— and (g), respectively, and by inserting after sub- public land identified for disposal under ap- (i) by inserting ‘‘Public Law 105–263;’’ before section (d) the following: proved land use plans under section 202 of the ‘‘112 Stat.’’; and ‘‘(e) PRIORITY.—In providing financial assist- Federal Land Policy and Management Act of (ii) by striking the period at the end and in- ance under this section, the Secretary shall give 1976 (43 U.S.C. 1712); serting a semicolon; and priority to projects designed to facilitate the ac- ‘‘(2) not later than 180 days after the date of (C) by adding at the end the following: quisition of equipment and training of wildlife the enactment of the Federal Land Transaction ‘‘(3) the White Pine County Conservation, officials in ivory producing countries to be used Facilitation Act Reauthorization, to establish Recreation, and Development Act of 2006 (Public in anti-poaching efforts.’’. and make available to the public, on the website Law 109–432; 120 Stat. 3028); (b) REAUTHORIZATION.—Section 2306(a) (16 of the Department of the Interior, a database ‘‘(4) the Lincoln County Conservation, Recre- U.S.C. 4245(a)) is amended by striking ‘‘2007 containing a comprehensive list of all the land ation, and Development Act of 2004 (Public Law through 2012’’ and inserting ‘‘2016 through referred to in paragraph (1); and 108–424; 118 Stat. 2403); 2020’’.

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SEC. 2106. GOVERNMENT ACCOUNTABILITY OF- (c) APPLICABILITY.—This section shall apply tion with the Chief Counsel for Advocacy of the FICE STUDY. only to the Kisatchie National Forest in the Small Business Administration, shall report to Not later than 90 days after the date of the State of Louisiana, the De Soto National Forest the Congress, not later than March 31 of each enactment of this Act, the Comptroller General in the State of Mississippi, the Mark Twain Na- year through the 6th calendar year beginning of the United States shall conduct a study ex- tional Forest in the State of Missouri, and the after the initial report under this subsection is amining the effects of a ban of the trade in of Ozark National Forest, the St. Francis National submitted, on the amount of fees and other ex- fossilized ivory from mammoths and mastodons Forest and the Ouachita National Forest in the penses awarded during the preceding fiscal year on the illegal importation and trade of African States of Arkansas and Oklahoma. pursuant to this section. The report shall de- and Asian elephant ivory within the United (d) STATE AUTHORITY.—Nothing in this sec- scribe the number, nature, and amount of the States, with the exception of importation or tion, section 1 of the Act of June 4, 1897 (16 awards, the claims involved in the controversy, trade thereof related to museum exhibitions or U.S.C. 551), or section 32 of the Act of July 22, and any other relevant information that may scientific research, and report to Congress the 1937 (7 U.S.C. 1011) shall affect the authority of aid the Congress in evaluating the scope and findings of such study. States to manage hunting or recreational fishing impact of such awards. The report shall be made Subtitle K—Respect for Treaties and Rights on lands within the National Forest System. available to the public online. ‘‘(2)(A) The report required by paragraph (1) SEC. 2111. RESPECT FOR TREATIES AND RIGHTS. SEC. 2143. PUBLICATION OF CLOSURE OF ROADS IN FORESTS. shall account for all payments of fees and other Nothing in this Act or the amendments made The Chief of the Forest Service shall publish expenses awarded under this section that are by this Act shall be construed to affect or mod- a notice in the Federal Register for the closure made pursuant to a settlement agreement, re- ify any treaty or other right of any federally of any public road on Forest System lands, gardless of whether the settlement agreement is recognized Indian tribe. along with a justification for the closure. sealed or otherwise subject to nondisclosure pro- Subtitle L—State Approval of Fishing Subtitle N—Grand Canyon Bison visions. ‘‘(B) The disclosure of fees and other expenses Restriction Management Act SEC. 2131. STATE OR TERRITORIAL APPROVAL OF required under subparagraph (A) does not affect SEC. 2151. SHORT TITLE. any other information that is subject to non- RESTRICTION OF RECREATIONAL OR This subtitle may be cited as the ‘‘Grand Can- COMMERCIAL FISHING ACCESS TO disclosure provisions in the settlement agree- CERTAIN STATE OR TERRITORIAL yon Bison Management Act’’. ment. WATERS. SEC. 2152. DEFINITIONS. ‘‘(f) The Chairman of the Administrative Con- (a) APPROVAL REQUIRED.—The Secretary of In this subtitle: ference shall create and maintain, during the the Interior and the Secretary of Commerce (1) MANAGEMENT PLAN.—The term ‘‘manage- period beginning on the date the initial report shall not restrict recreational or commercial ment plan’’ means the management plan pub- under subsection (e) is submitted and ending fishing access to any State or territorial marine lished under section 2153(a). one year after the date on which the final re- waters or Great Lakes waters within the juris- (2) PARK.—The term ‘‘Park’’ means the Grand port under that subsection is submitted, online a diction of the National Park Service or the Of- Canyon National Park. searchable database containing the following fice of National Marine Sanctuaries, respec- (3) SECRETARY.—The term ‘‘Secretary’’ means information with respect to each award of fees tively, unless those restrictions are developed in the Secretary of the Interior. and other expenses under this section: coordination with, and approved by, the fish (4) SKILLED PUBLIC VOLUNTEER.—The term ‘‘(1) The case name and number of the adver- and wildlife management agency of the State or ‘‘skilled public volunteer’’ means an individual sary adjudication, if available. territory that has fisheries management author- who possesses— ‘‘(2) The name of the agency involved in the (A) a valid hunting license issued by the State ity over those waters. adversary adjudication. of Arizona; and (b) DEFINITION.—In this section, the term ‘‘(3) A description of the claims in the adver- (B) such other qualifications as the Secretary ‘‘marine waters’’ includes coastal waters and essary adjudication. may require, after consultation with the Ari- ‘‘(4) The name of each party to whom the tuaries. zona Game and Fish Commission. award was made, as such party is identified in Subtitle M—Hunting and Recreational SEC. 2153. BISON MANAGEMENT PLAN FOR the order or other agency document making the Fishing Within Certain National Forests GRAND CANYON NATIONAL PARK. award. SEC. 2141. DEFINITIONS. (a) PUBLICATION OF PLAN.—Not later than 180 ‘‘(5) The amount of the award. In this subtitle: days after the date of enactment of this Act, the ‘‘(6) The basis for the finding that the position (1) HUNTING.—The term ‘‘hunting’’ means use Secretary shall publish a management plan to of the agency concerned was not substantially of a firearm, bow, or other authorized means in reduce, through humane lethal culling by justified. the lawful pursuit, shooting, capture, collection, skilled public volunteers and by other nonlethal ‘‘(g) The online searchable database described trapping, or killing of wildlife; attempt to pur- means, the population of bison in the Park that in subsection (f) may not reveal any information sue, shoot, capture, collect, trap, or kill wildlife; the Secretary determines are detrimental to the the disclosure of which is prohibited by law or or the training and use of hunting dogs, includ- use of the Park. court order. ‘‘(h) The head of each agency shall provide to ing field trials. (b) REMOVAL OF ANIMAL.—Notwithstanding the Chairman of the Administrative Conference (2) RECREATIONAL FISHING.—The term ‘‘rec- any other provision of law, a skilled public vol- in a timely manner all information requested by reational fishing’’ means the lawful pursuit, unteer may remove a full bison harvested from the Chairman to comply with the requirements capture, collection, or killing of fish; or attempt the Park. of subsections (e), (f), and (g).’’. to capture, collect, or kill fish. (c) COORDINATION.—The Secretary shall coordinate with the Arizona Game and Fish Com- (b) COURT CASES.—Section 2412(d) of title 28, (3) FOREST PLAN.—The term ‘‘forest plan’’ United States Code, is amended by adding at the means a land and resource management plan mission regarding the development and implementation of the management plan. end the following: prepared by the Forest Service for a unit of the ‘‘(5)(A) The Chairman of the Administrative (d) NEPA COMPLIANCE.—In developing the National Forest System pursuant to section 6 of Conference of the United States shall submit to management plan, the Secretary shall comply the Forest and Rangeland Renewable Resources the Congress, not later than March 31 of each with all applicable Federal environmental laws Planning Act of 1974 (16 U.S.C. 1604). year through the 6th calendar year beginning (including regulations), including the National (4) NATIONAL FOREST SYSTEM.—The term ‘‘Na- after the initial report under this paragraph is Environmental Policy Act of 1969 (42 U.S.C. 4321 tional Forest System’’ has the meaning given submitted, a report on the amount of fees and et seq.). that term in section 11(a) of the Forest and other expenses awarded during the preceding (e) LIMITATION.—Nothing in this subtitle ap- Rangeland Renewable Resources Planning Act fiscal year pursuant to this subsection. The re- of 1974 (16 U.S.C. 1609(a)) plies to the taking of wildlife in the Park for any purpose other than the implementation of port shall describe the number, nature, and SEC. 2142. HUNTING AND RECREATIONAL FISH- the management plan. amount of the awards, the claims involved in ING WITHIN THE NATIONAL FOREST each controversy, and any other relevant infor- SYSTEM. Subtitle O—Open Book on Equal Access to mation that may aid the Congress in evaluating (a) PROHIBITION OF RESTRICTIONS.—The Sec- Justice the scope and impact of such awards. The re- retary of Agriculture or Chief of the Forest Serv- SEC. 2161. SHORT TITLE. port shall be made available to the public on- ice may not establish policies, directives, or reg- This subtitle may be cited as the ‘‘Open Book line. ulations that restrict the type, season, or meth- on Equal Access to Justice Act’’. ‘‘(B)(i) The report required by subparagraph od of hunting or recreational fishing on lands SEC. 2162. MODIFICATION OF EQUAL ACCESS TO (A) shall account for all payments of fees and within the National Forest System that are oth- JUSTICE PROVISIONS. other expenses awarded under this subsection erwise open to those activities and are con- (a) AGENCY PROCEEDINGS.—Section 504 of title that are made pursuant to a settlement agree- sistent with the applicable forest plan. 5, United States Code, is amended— ment, regardless of whether the settlement (b) PRIOR RESTRICTIONS VOID.—Any restric- (1) in subsection (c)(1), by striking ‘‘, United agreement is sealed or otherwise subject to non- tions imposed by the Secretary of Agriculture or States Code’’; disclosure provisions. Chief of the Forest Service regarding the type, (2) by redesignating subsection (f) as sub- ‘‘(ii) The disclosure of fees and other expenses season, or method of hunting or recreational section (i); and required under clause (i) does not affect any fishing on lands within the National Forest Sys- (3) by striking subsection (e) and inserting the other information that is subject to nondisclo- tem that are otherwise open to those activities in following: sure provisions in the settlement agreement. force on the date of the enactment of this Act ‘‘(e)(1) The Chairman of the Administrative ‘‘(C) The Chairman of the Administrative shall be void and have no force or effect. Conference of the United States, after consulta- Conference shall include and clearly identify in

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the annual report under subparagraph (A), for (b) UTILITY TERRAIN VEHICLES DEFINED.—For (2) signs a waiver releasing the Federal Gov- each case in which an award of fees and other purposes of this section, the term ‘‘utility ter- ernment from all liability relating to the access expenses is included in the report— rain vehicle’’— granted under this section and agrees to indem- ‘‘(i) any amounts paid from section 1304 of (1) means any recreational motor vehicle de- nify and hold harmless the United States from title 31 for a judgment in the case; signed for and capable of travel over designated any claims or lawsuits arising from any conduct ‘‘(ii) the amount of the award of fees and roads, traveling on four or more tires with a by the eligible organization or individual on other expenses; and maximum tire width of 27 inches, a maximum Federal land. ‘‘(iii) the statute under which the plaintiff wheel cleat or lug of 3⁄4 of an inch, a minimum (d) APPROVAL AND DENIAL OF REQUESTS.— filed suit. width of 50 inches but not exceeding 74 inches, (1) IN GENERAL.—The Secretary shall notify ‘‘(6) The Chairman of the Administrative Con- a minimum weight of at least 700 pounds but not an eligible organization or individual of the ap- ference shall create and maintain, during the exceeding 2,000 pounds, and a minimum wheel- proval or denial of a request by the eligible or- period beginning on the date the initial report base of 61 inches but not exceeding 110 inches; ganization or individual to carry out a good Sa- under paragraph (5) is submitted and ending (2) includes vehicles not equipped with a cer- maritan search-and-recovery mission under this one year after the date on which the final re- tification label as required by part 567.4 of title section by not later than 48 hours after the report under that paragraph is submitted, online 49, Code of Federal Regulations; and quest is made. a searchable database containing the following (3) does not include golf carts, vehicles spe- (2) DENIALS.—If the Secretary denies a request information with respect to each award of fees cially designed to carry a disabled person, or ve- from an eligible organization or individual to and other expenses under this subsection: hicles otherwise registered under section 32.299 carry out a good Samaritan search-and-recovery ‘‘(A) The case name and number. of the Louisiana State statutes. mission under this section, the Secretary shall ‘‘(B) The name of the agency involved in the Subtitle Q—Good Samaritan Search and notify the eligible organization or individual case. Recovery of— ‘‘(C) The name of each party to whom the (A) the reason for the denial of the request; award was made, as such party is identified in SEC. 2181. SHORT TITLE. and the order or other court document making the This subtitle may be cited as the ‘‘Good Sa- (B) any actions that the eligible organization award. maritan Search and Recovery Act’’. or individual can take to meet the requirements ‘‘(D) A description of the claims in the case. SEC. 2182. EXPEDITED ACCESS TO CERTAIN FED- for the request to be approved. ‘‘(E) The amount of the award. ERAL LAND. (e) PARTNERSHIPS.—Each Secretary shall de- ‘‘(F) The basis for the finding that the posi- (a) DEFINITIONS.—In this section: velop search-and-recovery-focused partnerships tion of the agency concerned was not substan- (1) ELIGIBLE.—The term ‘‘eligible’’, with re- with search-and-recovery organizations— tially justified. spect to an organization or individual, means (1) to coordinate good Samaritan search-and- ‘‘(7) The online searchable database described that the organization or individual, respec- recovery missions on Federal land under the ad- in paragraph (6) may not reveal any informa- tively, is— ministrative jurisdiction of the Secretary; and tion the disclosure of which is prohibited by law (A) acting in a not-for-profit capacity; and (2) to expedite and accelerate good Samaritan or court order. (B) composed entirely of members who, at the search-and-recovery mission efforts for missing ‘‘(8) The head of each agency (including the time of the good Samaritan search-and-recovery individuals on Federal land under the adminis- Attorney General of the United States) shall mission, have attained the age of majority under trative jurisdiction of the Secretary. provide to the Chairman of the Administrative the law of the State where the mission takes (f) REPORT.—Not later than 180 days after the Conference of the United States in a timely place. date of enactment of this Act, the Secretaries manner all information requested by the Chair- (2) GOOD SAMARITAN SEARCH-AND-RECOVERY shall submit to Congress a joint report describ- man to comply with the requirements of para- MISSION.—The term ‘‘good Samaritan search- ing— graphs (5), (6), and (7).’’. and-recovery mission’’ means a search con- (1) plans to develop partnerships described in (c) CLERICAL AMENDMENTS.—Section 2412 of ducted by an eligible organization or individual subsection (e)(1); and title 28, United States Code, is amended— for 1 or more missing individuals believed to be (2) efforts carried out to expedite and accel- (1) in subsection (d)(3), by striking ‘‘United deceased at the time that the search is initiated. erate good Samaritan search-and-recovery mis- States Code,’’; and (3) SECRETARY.—The term ‘‘Secretary’’ means sion efforts for missing individuals on Federal (2) in subsection (e)— the Secretary of the Interior or the Secretary of land under the administrative jurisdiction of (A) by striking ‘‘of section 2412 of title 28, Agriculture, as applicable. each Secretary pursuant to subsection (e)(2). United States Code,’’ and inserting ‘‘of this sec- (b) PROCESS.— Subtitle R—Interstate Transportation of tion’’; and (1) IN GENERAL.—Each Secretary shall develop Firearms or Ammunition (B) by striking ‘‘of such title’’ and inserting and implement a process to expedite access to ‘‘of this title’’. Federal land under the administrative jurisdic- SEC. 2191. INTERSTATE TRANSPORTATION OF (d) EFFECTIVE DATE.— tion of the Secretary for eligible organizations FIREARMS OR AMMUNITION. (1) IN GENERAL.—The amendments made by and individuals to request access to Federal (a) IN GENERAL.—Section 926A of title 18, subsections (a) and (b) shall first apply with re- land to conduct good Samaritan search-and-re- United States Code, is amended to read as fol- spect to awards of fees and other expenses that covery missions. lows: are made on or after the date of the enactment (2) INCLUSIONS.—The process developed and ‘‘§ 926A. Interstate transportation of firearms of this Act. implemented under this subsection shall include or ammunition (2) INITIAL REPORTS.—The first reports re- provisions to clarify that— ‘‘(a) Notwithstanding any provision of any quired by section 504(e) of title 5, United States (A) an eligible organization or individual law, rule, or regulation of a State or any polit- Code, and section 2412(d)(5) of title 28, United granted access under this section— ical subdivision thereof: States Code, shall be submitted not later than (i) shall be acting for private purposes; and ‘‘(1) A person who is not prohibited by this March 31 of the calendar year following the (ii) shall not be considered to be a Federal vol- chapter from possessing, transporting, shipping, first calendar year in which a fiscal year begins unteer; or receiving a firearm or ammunition shall be after the date of the enactment of this Act. (B) an eligible organization or individual con- entitled to transport a firearm for any lawful (3) ONLINE DATABASES.—The online databases ducting a good Samaritan search-and-recovery purpose from any place where the person may required by section 504(f) of title 5, United mission under this section shall not be consid- lawfully possess, carry, or transport the firearm States Code, and section 2412(d)(6) of title 28, ered to be a volunteer under section 102301(c) of to any other such place if, during the transpor- United States Code, shall be established as soon title 54, United States Code; tation, the firearm is unloaded, and— as practicable after the date of the enactment of (C) chapter 171 of title 28, United States Code ‘‘(A) if the transportation is by motor vehicle, this Act, but in no case later than the date on (commonly known as the ‘‘Federal Tort Claims the firearm is not directly accessible from the which the first reports under section 504(e) of Act’’), shall not apply to an eligible organiza- passenger compartment of the vehicle, and, if title 5, United States Code, and section tion or individual carrying out a privately re- the vehicle is without a compartment separate 2412(d)(5) of title 28, United States Code, are requested good Samaritan search-and-recovery from the passenger compartment, the firearm is quired to be submitted under paragraph (2) of mission under this section; and in a locked container other than the glove com- this subsection. (D) an eligible organization or entity who partment or console, or is secured by a secure Subtitle P—Utility Terrain Vehicles conducts a good Samaritan search-and-recovery gun storage or safety device; or SEC. 2171. UTILITY TERRAIN VEHICLES IN mission under this section shall serve without ‘‘(B) if the transportation is by other means, KISATCHIE NATIONAL FOREST. pay from the Federal Government for such serv- the firearm is in a locked container or secured (a) IN GENERAL.—The Forest Administrator ice. by a secure gun storage or safety device. shall amend the applicable travel plan to allow (c) RELEASE OF FEDERAL GOVERNMENT FROM ‘‘(2) A person who is not prohibited by this utility terrain vehicles access on all roads nomi- LIABILITY.—The Secretary shall not require an chapter from possessing, transporting, shipping, nated by the Secretary of Louisiana Wildlife eligible organization or individual to have liabil- or receiving a firearm or ammunition shall be and Fisheries in the Kisatchie National Forest, ity insurance as a condition of accessing Fed- entitled to transport ammunition for any lawful except when such designation would pose an eral land under this section, if the eligible orga- purpose from any place where the person may unacceptable safety risk, in which case the For- nization or individual— lawfully possess, carry, or transport the ammu- est Administrator shall publish a notice in the (1) acknowledges and consents, in writing, to nition, to any other such place if, during the Federal Register with a justification for the clo- the provisions described in subparagraphs (A) transportation, the ammunition is not loaded sure. through (D) of subsection (b)(2); and into a firearm, and—

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3179 ‘‘(A) if the transportation is by motor vehicle, (1) succeeds the proposed rule entitled ‘‘Non- (A) Bureau of Land Management and Forest the ammunition is not directly accessible from Subsistence Take of Wildlife, and Public Partici- Service authorizations for pre-mining activities the passenger compartment of the vehicle, and, pation and Closure Procedures, on National that require environmental analyses pursuant to if the vehicle is without a compartment separate Wildlife Refuges in Alaska’’ (81 Fed. Reg. 887 the National Environmental Policy Act of 1969 from the passenger compartment, the ammuni- (January 8, 2016)); or (42 U.S.C. 4321 et seq.); and tion is in a locked container other than the (2) is substantially similar to that proposed (B) plans of operation issued by the Bureau of glove compartment or console; or rule. Land Management and the Forest Service pur- ‘‘(B) if the transportation is by other means, SEC. 2212. WITHDRAWAL OF EXISTING RULE RE- suant to 43 CFR 3809 and 36 CFR 228A or the the ammunition is in a locked container. GARDING HUNTING AND TRAPPING authorities listed in 43 CFR 3503.13, respectively, ‘‘(b) In subsection (a), the term ‘transport’ in- IN ALASKA. as amended from time to time. cludes staying in temporary lodging overnight, The Director of the National Park Service stopping for food, fuel, vehicle maintenance, an shall withdraw the final rule entitled ‘‘Alaska; Subtitle A—Development of Domestic Sources emergency, medical treatment, and any other Hunting and Trapping in National Preserves’’ of Strategic and Critical Minerals activity incidental to the transport, but does not (80 Fed. Reg. 64325 (October 23, 2015)) by not SEC. 3011. IMPROVING DEVELOPMENT OF STRA- include transportation— later than 30 days after the date of the enact- TEGIC AND CRITICAL MINERALS. ‘‘(1) with the intent to commit a crime punishment of this Act, and shall not issue a rule that Domestic mines that will provide strategic and able by imprisonment for a term exceeding one is substantially similar to that rule. critical minerals shall be considered an ‘‘infra- year that involves the use or threatened use of TITLE III—NATIONAL STRATEGIC AND structure project’’ as described in Presidential force against another; or CRITICAL MINERALS PRODUCTION ACT order ‘‘Improving Performance of Federal Per- ‘‘(2) with knowledge, or reasonable cause to SEC. 3001. SHORT TITLE. mitting and Review of Infrastructure Projects’’ believe, that such a crime is to be committed in This title may be cited as the ‘‘National Stra- dated March 22, 2012. the course of, or arising from, the transpor- tegic and Critical Minerals Production Act of SEC. 3012. RESPONSIBILITIES OF THE LEAD tation. 2015’’. AGENCY. ‘‘(c)(1) A person who is transporting a firearm SEC. 3002. FINDINGS. (a) IN GENERAL.—The lead agency with re- or ammunition may not be arrested or otherwise Congress finds the following: sponsibility for issuing a mineral exploration or detained for violation of any law or any rule or (1) The industrialization of developing nations mine permit shall appoint a project lead within regulation of a State or any political subdivision has driven demand for nonfuel minerals nec- the lead agency who shall coordinate and con- thereof related to the possession, transportation, essary for telecommunications, military tech- sult with cooperating agencies and any other or carrying of firearms, unless there is probable nologies, healthcare technologies, and conven- agency involved in the permitting process, cause to believe that the person is doing so in a tional and renewable energy technologies. project proponents and contractors to ensure manner not provided for in subsection (a). (2) The availability of minerals and mineral that agencies minimize delays, set and adhere to ‘‘(2) When a person asserts this section as a materials are essential for economic growth, na- timelines and schedules for completion of the defense in a criminal proceeding, the prosecu- tional security, technological innovation, and permitting process, set clear permitting goals tion shall bear the burden of proving, beyond a the manufacturing and agricultural supply and track progress against those goals. reasonable doubt, that the conduct of the person chain. (b) DETERMINATION UNDER NEPA.— did not satisfy the conditions set forth in sub- (3) The exploration, production, processing, (1) IN GENERAL.—To the extent that the Na- section (a). use, and recycling of minerals contribute signifi- tional Environmental Policy Act of 1969 (42 ‘‘(3) When a person successfully asserts this cantly to the economic well-being, security, and U.S.C. 4321 et seq.) applies to the issuance of section as a defense in a criminal proceeding, general welfare of the Nation. the court shall award the prevailing defendant (4) The United States has vast mineral re- any mineral exploration or mine permit, the re- a reasonable attorney’s fee. sources, but is becoming increasingly dependent quirements of such Act shall be deemed to have ‘‘(d)(1) A person who is deprived of any right, upon foreign sources of these mineral materials, been procedurally and substantively satisfied if privilege, or immunity secured by this section, as demonstrated by the following: the lead agency determines that any State and/ section 926B or 926C, under color of any statute, (A) Twenty-five years ago the United States or Federal agency acting pursuant to State or ordinance, regulation, custom, or usage of any was dependent on foreign sources for 45 nonfuel Federal (or both) statutory or procedural au- State or any political subdivision thereof, may mineral materials, 8 of which the United States thorities, has addressed or will address the fol- bring an action in any appropriate court imported 100 percent of the Nation’s require- lowing factors: against any other person, including a State or ments, and for another 19 commodities the (A) The environmental impact of the action to political subdivision thereof, who causes the United States imported more than 50 percent of be conducted under the permit. person to be subject to the deprivation, for dam- the Nation’s needs. (B) Possible adverse environmental effects of ages and other appropriate relief. (B) By 2014 the United States import depend- actions under the permit. ‘‘(2) The court shall award a plaintiff pre- ence for nonfuel mineral materials increased (C) Possible alternatives to issuance of the vailing in an action brought under paragraph from 45 to 65 commodities, 19 of which the permit. (1) damages and such other relief as the court United States imported for 100 percent of the (D) The relationship between local long- and deems appropriate, including a reasonable attor- Nation’s requirements, and an additional 24 of short-term uses of man’s environment and the ney’s fee.’’. which the United States imported for more than maintenance and enhancement of long-term (b) CLERICAL AMENDMENT.—The table of sec- 50 percent of the Nation’s needs. productivity. tions for such chapter is amended in the item re- (C) The United States share of worldwide min- (E) Any irreversible and irretrievable commit- lating to section 926A by striking ‘‘firearms’’ eral exploration dollars was 7 percent in 2014, ment of resources that would be involved in the and inserting ‘‘firearms or ammunition’’. down from 19 percent in the early 1990s. proposed action. Subtitle S—Gray Wolves (D) In the 2014 Ranking of Countries for Min- (F) That public participation will occur during Investment (out of 25 major mining coun- SEC. 2201. REISSUANCE OF FINAL RULE REGARD- ing the decisionmaking process for authorizing ING GRAY WOLVES IN THE WESTERN tries), found that 7- to 10-year permitting delays actions under the permit. GREAT LAKES. are the most significant risk to mining projects (2) WRITTEN REQUIREMENT.—In reaching a de- Before the end of the 60-day period beginning in the United States. termination under paragraph (1), the lead agen- on the date of enactment of this Act, the Sec- SEC. 3003. DEFINITIONS. cy shall, by no later than 90 days after receipt retary of the Interior shall reissue the final rule In this title: of an application for the permit, in a written published on December 28, 2011 (76 Fed. Reg. (1) STRATEGIC AND CRITICAL MINERALS.—The record of decision— 81666), without regard to any other provision of term ‘‘strategic and critical minerals’’ means (A) explain the rationale used in reaching its statute or regulation that applies to issuance of minerals that are necessary— determination; such rule. Such reissuance shall not be subject (A) for national defense and national security (B) state the facts in the record that are the to judicial review. requirements; basis for the determination; and (B) for the Nation’s energy infrastructure, in- SEC. 2202. REISSUANCE OF FINAL RULE REGARD- (C) show that the facts in the record could cluding pipelines, refining capacity, electrical ING GRAY WOLVES IN WYOMING. allow a reasonable person to reach the same de- power generation and transmission, and renew- Before the end of the 60-day period beginning termination as the lead agency did. on the date of enactment of this Act, the Sec- able energy production; (C) to support domestic manufacturing, agri- (c) COORDINATION ON PERMITTING PROCESS.— retary of the Interior shall reissue the final rule culture, housing, telecommunications, The lead agency with responsibility for issuing published on September 10, 2012 (77 Fed. Reg. healthcare, and transportation infrastructure; a mineral exploration or mine permit shall en- 55530), without regard to any other provision of or hance government coordination for the permit- statute or regulation that applies to issuance of (D) for the Nation’s economic security and ting process by avoiding duplicative reviews, such rule. Such reissuance shall not be subject balance of trade. minimizing paperwork, and engaging other to judicial review. (2) AGENCY.—The term ‘‘agency’’ means any agencies and stakeholders early in the process. Subtitle T—Miscellaneous Provisions agency, department, or other unit of Federal, For purposes of this subsection, the lead agency SEC. 2211. PROHIBITION ON ISSUANCE OF FINAL State, local, or tribal government, or Alaska Na- shall consider the following practices: RULE. tive Corporation. (1) Deferring to and relying upon baseline The Director of the United States Fish and (3) MINERAL EXPLORATION OR MINE PERMIT.— data, analyses and reviews performed by State Wildlife Service shall not issue a final rule The term ‘‘mineral exploration or mine permit’’ agencies with jurisdiction over the proposed that— includes— project.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3180 CONGRESSIONAL RECORD — HOUSE May 25, 2016 (2) Conducting any consultations or reviews Act from the procedures detailed at and all rules ment for their attorneys’ fees, expenses, and concurrently rather than sequentially to the ex- promulgated under part 294 of title 36, Code of other court costs. tent practicable and when such concurrent re- Federal Regulations; Subtitle C—Miscellaneous Provisions view will expedite rather than delay a decision. (2) apply such exemption to all additional (d) MEMORANDUM OF AGENCY AGREEMENT.—If routes and areas that the lead agency finds nec- SEC. 3031. SECRETARIAL ORDER NOT AFFECTED. requested at any time by a State or local plan- essary to facilitate the construction, operation, This title shall not apply to any mineral de- ning agency, the lead agency with responsibility maintenance, and restoration of the areas of scribed in Secretarial Order No. 3324, issued by for issuing a mineral exploration or mine permit, identified mineral resources described in para- the Secretary of the Interior on December 3, in consultation with other Federal agencies graph (1); and 2012, in any area to which the order applies. with relevant jurisdiction in the environmental (3) continue to apply such exemptions after TITLE IV—NATIVE AMERICAN ENERGY ACT review process, may establish memoranda of approval of the Minerals Plan of Operations for SEC. 4001. SHORT TITLE. agreement with the project sponsor, State and the unit of the National Forest System. This title may be cited as the ‘‘Native Amer- local governments, and other appropriate enti- SEC. 3013. CONSERVATION OF THE RESOURCE. ican Energy Act’’. ties to accomplish the early coordination activi- In evaluating and issuing any mineral explo- ties described in subsection (c). ration or mine permit, the priority of the lead SEC. 4002. APPRAISALS. (e) SCHEDULE FOR PERMITTING PROCESS.—For agency shall be to maximize the development of (a) AMENDMENT.—Title XXVI of the Energy any project for which the lead agency cannot the mineral resource, while mitigating environ- Policy Act of 1992 (25 U.S.C. 3501 et seq.) is make the determination described in 102(b), at mental impacts, so that more of the mineral re- amended by adding at the end the following: the request of a project proponent the lead source can be brought to the marketplace. ‘‘SEC. 2607. APPRAISAL REFORMS. agency, cooperating agencies, and any other SEC. 3014. FEDERAL REGISTER PROCESS FOR ‘‘(a) OPTIONS TO INDIAN TRIBES.—With re- agencies involved with the mineral exploration MINERAL EXPLORATION AND MIN- spect to a transaction involving Indian land or or mine permitting process shall enter into an ING PROJECTS. the trust assets of an Indian tribe that requires agreement with the project proponent that sets (a) PREPARATION OF FEDERAL NOTICES FOR the approval of the Secretary, any appraisal re- time limits for each part of the permitting proc- MINERAL EXPLORATION AND MINE DEVELOPMENT lating to fair market value required to be con- ess, including for the following: PROJECTS.—The preparation of Federal Register ducted under applicable law, regulation, or pol- (1) The decision on whether to prepare a doc- notices required by law associated with the icy may be completed by— ument required under the National Environ- issuance of a mineral exploration or mine permit ‘‘(1) the Secretary; mental Policy Act of 1969 (42 U.S.C. 4321 et shall be delegated to the organization level ‘‘(2) the affected Indian tribe; or seq.). within the agency responsible for issuing the ‘‘(3) a certified, third-party appraiser pursu- (2) A determination of the scope of any docu- mineral exploration or mine permit. All Federal ant to a contract with the Indian tribe. ment required under the National Environ- Register notices regarding official document ‘‘(b) TIME LIMIT ON SECRETARIAL REVIEW AND mental Policy Act of 1969. availability, announcements of meetings, or no- ACTION.—Not later than 30 days after the date (3) The scope of and schedule for the baseline tices of intent to undertake an action shall be on which the Secretary receives an appraisal studies required to prepare a document required originated and transmitted to the Federal Reg- conducted by or for an Indian tribe pursuant to under the National Environmental Policy Act of ister from the office where documents are held, paragraphs (2) or (3) of subsection (a), the Sec- 1969. meetings are held, or the activity is initiated. (4) Preparation of any draft document re- retary shall— (b) DEPARTMENTAL REVIEW OF FEDERAL REG- ‘‘(1) review the appraisal; and quired under the National Environmental Policy ISTER NOTICES FOR MINERAL EXPLORATION AND Act of 1969. ‘‘(2) provide to the Indian tribe a written no- MINING PROJECTS.—Absent any extraordinary tice of approval or disapproval of the appraisal. (5) Preparation of a final document required circumstance or except as otherwise required by ‘‘(c) FAILURE OF SECRETARY TO APPROVE OR under the National Environmental Policy Act of any Act of Congress, each Federal Register no- 1969. DISAPPROVE.—If, after 60 days, the Secretary tice described in subsection (a) shall undergo has failed to approve or disapprove any ap- (6) Consultations required under applicable any required reviews within the Department of laws. praisal received, the appraisal shall be deemed the Interior or the Department of Agriculture approved. (7) Submission and review of any comments and be published in its final form in the Federal ‘‘(d) OPTION TO INDIAN TRIBES TO WAIVE AP- required under applicable law. Register no later than 30 days after its initial (8) Publication of any public notices required PRAISAL.— preparation. under applicable law. ‘‘(1) An Indian tribe wishing to waive the re- (9) A final or any interim decisions. Subtitle B—Judicial Review of Agency Actions quirements of subsection (a), may do so after it (f) TIME LIMIT FOR PERMITTING PROCESS.—In Relating to Exploration and Mine Permits has satisfied the requirements of paragraphs (2) no case should the total review process described SEC. 3021. DEFINITIONS FOR TITLE. and (3). in subsection (d) exceed 30 months unless ex- In this subtitle the term ‘‘covered civil action’’ ‘‘(2) An Indian tribe wishing to forego the ne- tended by the signatories of the agreement. means a civil action against the Federal Govern- cessity of a waiver pursuant to this section must (g) LIMITATION ON ADDRESSING PUBLIC COM- ment containing a claim under section 702 of provide to the Secretary a written resolution, MENTS.—The lead agency is not required to ad- title 5, United States Code, regarding agency ac- statement, or other unambiguous indication of dress agency or public comments that were not tion affecting a mineral exploration or mine per- tribal intent, duly approved by the governing submitted during any public comment periods or mit. body of the Indian tribe. consultation periods provided during the permit- SEC. 3022. TIMELY FILINGS. ‘‘(3) The unambiguous indication of intent ting process or as otherwise required by law. A covered civil action is barred unless filed no provided by the Indian tribe to the Secretary (h) FINANCIAL ASSURANCE.—The lead agency later than the end of the 60-day period begin- under paragraph (2) must include an express will determine the amount of financial assur- ning on the date of the final Federal agency ac- waiver by the Indian tribe of any claims for ance for reclamation of a mineral exploration or tion to which it relates. damages it might have against the United States mining site, which must cover the estimated cost SEC. 3023. RIGHT TO INTERVENE. as a result of the lack of an appraisal under- if the lead agency were to contract with a third The holder of any mineral exploration or mine taken. party to reclaim the operations according to the permit may intervene as of right in any covered ‘‘(e) DEFINITION.—For purposes of this sub- reclamation plan, including construction and civil action by a person affecting rights or obli- section, the term ‘appraisal’ includes appraisals maintenance costs for any treatment facilities gations of the permit holder under the permit. and other estimates of value. necessary to meet Federal, State or tribal envi- ‘‘(f) REGULATIONS.—The Secretary shall de- ronmental standards. SEC. 3024. EXPEDITION IN HEARING AND DETER- MINING THE ACTION. velop regulations for implementing this section, (i) APPLICATION TO EXISTING PERMIT APPLICA- The court shall endeavor to hear and deter- including standards the Secretary shall use for TIONS.—This section shall apply with respect to mine any covered civil action as expeditiously as approving or disapproving an appraisal.’’. a mineral exploration or mine permit for which (b) CONFORMING AMENDMENT.—The table of an application was submitted before the date of possible. SEC. 3025. LIMITATION ON PROSPECTIVE RELIEF. contents of the Energy Policy Act of 1992 (42 the enactment of this Act if the applicant for U.S.C. 13201 note) is amended by adding at the the permit submits a written request to the lead In a covered civil action, the court shall not grant or approve any prospective relief unless end of the items relating to title XXVI the fol- agency for the permit. The lead agency shall lowing: begin implementing this section with respect to the court finds that such relief is narrowly such application within 30 days after receiving drawn, extends no further than necessary to ‘‘Sec. 2607. Appraisal reforms.’’. such written request. correct the violation of a legal requirement, and SEC. 4003. STANDARDIZATION. (j) STRATEGIC AND CRITICAL MINERALS WITHIN is the least intrusive means necessary to correct As soon as practicable after the date of the NATIONAL FORESTS.—With respect to strategic that violation. enactment of this Act, the Secretary of the Inte- and critical minerals within a federally adminis- SEC. 3026. LIMITATION ON ATTORNEYS’ FEES. rior shall implement procedures to ensure that tered unit of the National Forest System, the Section 504 of title 5, United States Code, and each agency within the Department of the Inte- lead agency shall— section 2412 of title 28, United States Code (to- rior that is involved in the review, approval, (1) exempt all areas of identified mineral re- gether commonly called the Equal Access to Jus- and oversight of oil and gas activities on Indian sources in Land Use Designations, other than tice Act) do not apply to a covered civil action, lands shall use a uniform system of reference Non-Development Land Use Designations, in ex- nor shall any party in such a covered civil ac- numbers and tracking systems for oil and gas istence as of the date of the enactment of this tion receive payment from the Federal Govern- wells.

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SEC. 4004. ENVIRONMENTAL REVIEWS OF MAJOR (f) DEFINITIONS.—For the purposes of this sec- ‘‘(1) shall take into consideration the factors FEDERAL ACTIONS ON INDIAN tion, the following definitions apply: set forth in paragraphs (1) and (2) of section LANDS. (1) AGENCY ACTION.—The term ‘‘agency ac- 2(e) of Public Law 108–278; and whether a pro- Section 102 of the National Environmental tion’’ has the same meaning given such term in posed demonstration project would— Policy Act of 1969 (42 U.S.C. 4332) is amended by section 551 of title 5, United States Code. ‘‘(A) increase the availability or reliability of inserting ‘‘(a) IN GENERAL.—’’ before the first (2) INDIAN LAND.—The term ‘‘Indian Land’’ local or regional energy; sentence, and by adding at the end the fol- has the same meaning given such term in section ‘‘(B) enhance the economic development of the lowing: 203(c)(3) of the Energy Policy Act of 2005 (Public Indian tribe; ‘‘(b) REVIEW OF MAJOR FEDERAL ACTIONS ON Law 109–58; 25 U.S.C. 3501), including lands ‘‘(C) improve the connection of electric power INDIAN LANDS.— owned by Native Corporations under the Alaska transmission facilities serving the Indian tribe ‘‘(1) REVIEW AND COMMENT.— ‘‘(A) IN GENERAL.—Except as provided in sub- Native Claims Settlement Act (Public Law 92– with other electric transmission facilities; paragraph (B), the statement required under 203; 43 U.S.C. 1601). ‘‘(D) improve the forest health or watersheds subsection (a)(2)(C) for a major Federal action (3) ENERGY RELATED ACTION.—The term ‘‘en- of Federal land or Indian forest land or range- regarding an activity on Indian lands of an In- ergy related action’’ means a cause of action land; or dian tribe shall only be available for review and that— ‘‘(E) otherwise promote the use of woody bio- comment by the members of the Indian tribe, (A) is filed on or after the effective date of this mass; and other individuals residing within the affected Act; and ‘‘(2) shall exclude from consideration any mer- (B) seeks judicial review of a final agency ac- area, and State, federally recognized tribal, and chantable logs that have been identified by the tion to issue a permit, license, or other form of local governments within the affected area. Secretary for commercial sale. ‘‘(B) EXCEPTION.—Subparagraph (A) shall not agency permission allowing: ‘‘(f) IMPLEMENTATION.—The Secretary shall— apply to a statement for a major Federal action (i) any person or entity to conduct activities ‘‘(1) ensure that the criteria described in sub- regarding an activity on Indian lands of an In- on Indian Land, which activities involve the ex- section (c) are publicly available by not later dian tribe related to gaming under the Indian ploration, development, production or transpor- than 120 days after the date of enactment of this Gaming Regulatory Act. tation of oil, gas, coal, shale gas, oil shale, geo- section; and ‘‘(2) REGULATIONS.—The Chairman of the thermal resources, wind or solar resources, un- ‘‘(2) to the maximum extent practicable, con- Council on Environmental Quality shall develop derground coal gasification, biomass, or the gen- sult with Indian tribes and appropriate inter- regulations to implement this section, including eration of electricity; or tribal organizations likely to be affected in de- descriptions of affected areas for specific major (ii) any Indian Tribe, or any organization of veloping the application and otherwise carrying Federal actions, in consultation with Indian two or more entities, at least one of which is an out this section. tribes. Indian tribe, to conduct activities involving the ‘‘(g) REPORT.—Not later than one year subse- ‘‘(3) DEFINITIONS.—In this subsection, each of exploration, development, production or trans- quent to the date of enactment of this section, the terms ‘Indian land’ and ‘Indian tribe’ has portation of oil, gas, coal, shale gas, oil shale, the Secretary shall submit to Congress a report the meaning given that term in section 2601 of geothermal resources, wind or solar resources, that describes, with respect to the reporting pe- the Energy Policy Act of 1992 (25 U.S.C. 3501). underground coal gasification, biomass, or the riod— ‘‘(4) CLARIFICATION OF AUTHORITY.—Nothing generation of electricity, regardless of where ‘‘(1) each individual tribal application rein the Native American Energy Act, except sec- such activities are undertaken. ceived under this section; and tion 6 of that Act, shall give the Secretary any (4) ULTIMATELY PREVAIL.—The phrase ‘‘ulti- ‘‘(2) each contract and agreement entered into additional authority over energy projects on mately prevail’’ means, in a final enforceable pursuant to this section. Alaska Native Claims Settlement Act lands.’’. judgment, the court rules in the party’s favor on ‘‘(h) INCORPORATION OF MANAGEMENT SEC. 4005. JUDICIAL REVIEW. at least one cause of action which is an under- PLANS.—In carrying out a contract or agree- (a) TIME FOR FILING COMPLAINT.—Any energy lying rationale for the preliminary injunction, ment under this section, on receipt of a request related action must be filed not later than the administrative stay, or other relief requested by from an Indian tribe, the Secretary shall incor- end of the 60-day period beginning on the date the party, and does not include circumstances porate into the contract or agreement, to the ex- of the final agency action. Any energy related where the final agency action is modified or tent practicable, management plans (including action not filed within this time period shall be amended by the issuing agency unless such forest management and integrated resource barred. modification or amendment is required pursuant management plans) in effect on the Indian for- (b) DISTRICT COURT VENUE AND DEADLINE.— to a final enforceable judgment of the court or est land or rangeland of the respective Indian All energy related actions— a court-ordered consent decree. tribe. (1) shall be brought in the United States Dis- SEC. 4006. TRIBAL BIOMASS DEMONSTRATION ‘‘(i) TERM.—A stewardship contract or other trict Court for the District of Columbia; and PROJECT. agreement entered into under this section— (2) shall be resolved as expeditiously as pos- The Tribal Forest Protection Act of 2004 is ‘‘(1) shall be for a term of not more than 20 sible, and in any event not more than 180 days amended by inserting after section 2 (25 U.S.C. years; and after such cause of action is filed. 3115a) the following: ‘‘(2) may be renewed in accordance with this (c) APPELLATE REVIEW.—An interlocutory ‘‘SEC. 3. TRIBAL BIOMASS DEMONSTRATION section for not more than an additional 10 order or final judgment, decree or order of the PROJECT. years. district court in an energy related action may be ‘‘(a) IN GENERAL.—For each of fiscal years reviewed by the United States Court of Appeals ‘‘SEC. 4. TRIBAL FOREST MANAGEMENT DEM- 2016 through 2020, the Secretary shall enter into ONSTRATION PROJECT. for the District of Columbia Circuit. The District stewardship contracts or other agreements, ‘‘The Secretary of the Interior and the Sec- of Columbia Circuit Court of Appeals shall re- other than agreements that are exclusively di- retary of Agriculture may carry out demonstra- solve such appeal as expeditiously as possible, rect service contracts, with Indian tribes to tion projects by which federally recognized In- and in any event not more than 180 days after carry out demonstration projects to promote bio- dian tribes or tribal organizations may contract such interlocutory order or final judgment, de- mass energy production (including biofuel, heat, to perform administrative, management, and cree or order of the district court was issued. and electricity generation) on Indian forest land other functions of programs of the Tribal Forest (d) LIMITATION ON CERTAIN PAYMENTS.—Not- and in nearby communities by providing reliable withstanding section 1304 of title 31, United Protection Act of 2004 (25 U.S.C. 3115a et seq.) supplies of woody biomass from Federal land. through contracts entered into under the Indian States Code, no award may be made under sec- ‘‘(b) DEFINITIONS.—The definitions in section tion 504 of title 5, United States Code, or under Self-Determination and Education Assistance 2 shall apply to this section. Act (25 U.S.C. 450 et seq.).’’. section 2412 of title 28, United States Code, and ‘‘(c) DEMONSTRATION PROJECTS.—In each fis- no amounts may be obligated or expended from cal year for which projects are authorized, the SEC. 4007. TRIBAL RESOURCE MANAGEMENT PLANS. the Claims and Judgment Fund of the United Secretary shall enter into contracts or other States Treasury to pay any fees or other ex- agreements described in subsection (a) to carry Unless otherwise explicitly exempted by Fed- penses under such sections, to any person or out at least 4 new demonstration projects that eral law enacted after the date of the enactment party in an energy related action. meet the eligibility criteria described in sub- of this Act, any activity conducted or resources (e) LEGAL FEES.—In any energy related action section (d). harvested or produced pursuant to a tribal rein which the plaintiff does not ultimately pre- ‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to source management plan or an integrated re- vail, the court shall award to the defendant (in- enter into a contract or other agreement under source management plan approved by the Sec- cluding any intervenor-defendants), other than this subsection, an Indian tribe shall submit to retary of the Interior under the National Indian the United States, fees and other expenses in- the Secretary an application— Forest Resources Management Act (25 U.S.C. curred by that party in connection with the en- ‘‘(1) containing such information as the Sec- 3101 et seq.) or the American Indian Agricul- ergy related action, unless the court finds that retary may require; and tural Resource Management Act (25 U.S.C. 3701 the position of the plaintiff was substantially ‘‘(2) that includes a description of— et seq.), shall be considered a sustainable man- justified or that special circumstances make an ‘‘(A) the Indian forest land or rangeland agement practice for purposes of any Federal award unjust. Whether or not the position of under the jurisdiction of the Indian tribe; and standard, benefit, or requirement that requires a the plaintiff was substantially justified shall be ‘‘(B) the demonstration project proposed to be demonstration of such sustainability. determined on the basis of the administrative carried out by the Indian tribe. SEC. 4008. LEASES OF RESTRICTED LANDS FOR record, as a whole, which is made in the energy ‘‘(e) SELECTION.—In evaluating the applica- THE NAVAJO NATION. related action for which fees and other expenses tions submitted under subsection (c), the Sec- Subsection (e)(1) of the first section of the Act are sought. retary— of August 9, 1955 (25 U.S.C. 415(e)(1); commonly

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referred to as the ‘‘Long-Term Leasing Act’’), is June 14, 1934 (48 Stat. 958), shall be known and (b) CONTENTS.—In conducting the study under amended— designated as ‘‘Ocmulgee Mounds National His- subsection (a), the Secretary shall— (1) by striking ‘‘, except a lease for’’ and in- torical Park’’. (1) evaluate the national significance of the serting ‘‘, including leases for’’; (b) REFERENCES.—Any reference in a law, site; (2) in subparagraph (A), by striking ‘‘25’’ the map, regulation, document, paper, or other (2) determine the suitability and feasibility of first place it appears and all that follows and record of the United States to ‘‘Ocmulgee Na- designating the site as a unit of the National inserting ‘‘99 years;’’; tional Monument’’, other than in this Act, shall Park System; (3) in subparagraph (B), by striking the period be deemed to be a reference to ‘‘Ocmulgee (3) consider other alternatives for preserva- and inserting ‘‘; and’’; and Mounds National Historical Park’’. tion, protection, and interpretation of the site (4) by adding at the end the following: SEC. 6004. BOUNDARY ADJUSTMENT. by Federal, State, or local governmental entities, ‘‘(C) in the case of a lease for the exploration, or private and nonprofit organizations; (a) IN GENERAL.—The boundary of the Histor- development, or extraction of mineral resources, (4) consult with interested Federal, State, or ical Park is revised to include approximately including geothermal resources, 25 years, except local governmental entities, private and non- 2,100 acres, as generally depicted on the map. that any such lease may include an option to profit organizations or any other interested in- (b) AVAILABILITY OF MAP.—The map shall be renew for one additional term not to exceed 25 dividuals; on file and available for public inspection in the years.’’. (5) determine the effect of the designation of appropriate offices of the National Park Service, SEC. 4009. NONAPPLICABILITY OF CERTAIN the site as a unit of the National Park System the Department of the Interior. RULES. on existing commercial and recreational uses, No rule promulgated by the Department of the SEC. 6005. LAND ACQUISITION; NO BUFFER and the effect on State and local governments to Interior regarding hydraulic fracturing used in ZONES. manage those activities; the development or production of oil or gas re- (a) LAND ACQUISITION.—The Secretary is au- (6) identify any authorities, including con- sources shall have any effect on any land held thorized to acquire land and interests in land demnation, that will compel or permit the Sec- in trust or restricted status for the benefit of In- within the boundaries of the Historical Park by retary to influence or participate in local land dians except with the express consent of the donation or exchange only (and in the case of use decisions (such as zoning) or place restric- beneficiary on whose behalf such land is held in an exchange, no payment may be made by the tions on non-Federal land if the site is des- trust or restricted status. Secretary to any landowner). The Secretary ignated a unit of the National Park System; and TITLE V—NORTHPORT IRRIGATION EARLY may not acquire by condemnation any land or (7) identify cost estimates for any Federal ac- REPAYMENT interest in land within the boundaries of the quisition, development, interpretation, oper- Historical Park. No private property or non- ation, and maintenance associated with the al- SEC. 5001. EARLY REPAYMENT OF CONSTRUCTION Federal public property shall be included within COSTS. ternatives. the boundaries of the Historical Park without (a) IN GENERAL.—Notwithstanding section 213 (c) APPLICABLE LAW.—The study required of the Reclamation Reform Act of 1982 (43 the written consent of the owner of such prop- under subsection (a) shall be conducted in ac- U.S.C. 390mm), any landowner within the erty. cordance with section 100507 of title 54, United Northport Irrigation District in the State of Ne- (b) NO BUFFER ZONES.—Nothing in this Act, States Code. braska (referred to in this section as the ‘‘Dis- the establishment of the Historical Park, or the (d) STUDY RESULTS.—Not later than 3 years trict’’) may repay, at any time, the construction management of the Historical Park shall be con- after the date on which funds are first made costs of project facilities allocated to the land- strued to create buffer zones outside of the His- available for the study under subsection (a), the owner’s land within the District. torical Park. That an activity or use can be seen Secretary shall submit to the Committee on Nat- (b) APPLICABILITY OF FULL-COST PRICING or heard from within the Historical Park shall ural Resources of the House of Representatives LIMITATIONS.—On discharge, in full, of the obli- not preclude the conduct of that activity or use and the Committee on Energy and Natural Re- gation for repayment of all construction costs outside the Historical Park. sources of the Senate the results of the study described in subsection (a) that are allocated to SEC. 6006. ADMINISTRATION. and any conclusions and recommendations of all land the landowner owns in the District in The Secretary shall administer any land ac- the Secretary. question, the parcels of land shall not be subject quired under section 6005 as part of the Histor- TITLE VIII—SKY POINT MOUNTAIN to the ownership and full-cost pricing limita- ical Park in accordance with applicable laws DESIGNATION tions under Federal reclamation law (the Act of and regulations. SEC. 8001. FINDINGS. June 17, 1902, 32 Stat. 388, chapter 1093), and SEC. 6007. OCMULGEE RIVER CORRIDOR SPECIAL Congress finds the following: Acts supplemental to and amendatory of that RESOURCE STUDY. (1) Staff Sergeant Sky Mote, USMC, grew up Act (43 U.S.C. 371 et seq.), including the Rec- (a) IN GENERAL.—The Secretary shall conduct in El Dorado, California. lamation Reform Act of 1982 (13 U.S.C. 390aa et a special resource study of the Ocmulgee River (2) Staff Sergeant Mote graduated from Union seq.). corridor between the cities of Macon, Georgia, Mine High School. (c) CERTIFICATION.—On request of a land- and Hawkinsville, Georgia, to determine— (3) Upon graduation, Staff Sergeant Mote owner that has repaid, in full, the construction (1) the national significance of the study area; promptly enlisted in the Marine Corps. costs described in subsection (a), the Secretary (2) the suitability and feasibility of adding (4) Staff Sergeant Mote spent 9 years serving of the Interior shall provide to the landowner a lands in the study area to the National Park his country in the United States Marine Corps, certificate described in section 213(b)(1) of the System; and including a deployment to Iraq and two deploy- Reclamation Reform Act of 1982 (43 U.S.C. (3) the methods and means for the protection ments to Afghanistan. 390mm(b)(1)). and interpretation of the study area by the Na- (5) By his decisive actions, heroic initiative, (d) EFFECT.—Nothing in this section— tional Park Service, other Federal, State, local and resolute dedication to duty, Staff Sergeant (1) modifies any contractual rights under, or government entities, affiliated federally recog- Mote gave his life to protect fellow Marines on amends or reopens, the reclamation contract be- nized Indian tribes, or private or nonprofit orga- August 10, 2012, by gallantly rushing into action tween the District and the United States; or nizations. during an attack by a rogue Afghan policeman (2) modifies any rights, obligations, or rela- (b) CRITERIA.—The Secretary shall conduct inside the base perimeter in Helmand province. tionships between the District and landowners the study authorized by this Act in accordance (6) Staff Sergeant Mote was awarded the in the District under Nebraska State law. with section 100507 of title 54, United States Navy Cross, a Purple Heart, the Navy-Marine TITLE VI—OCMULGEE MOUNDS NATIONAL Code. Corps Commendation Medal, a Navy-Marine HISTORICAL PARK BOUNDARY REVISION (c) RESULTS OF STUDY.—Not later than 3 Corps Achievement Medal, two Combat Action ACT years after the date on which funds are made Ribbons, and three Good Conduct Medals. SEC. 6001. SHORT TITLE. available to carry out this section, the Secretary (7) The Congress of the United States, in ac- This title may be cited as the ‘‘Ocmulgee shall submit to the Committee on Natural Re- knowledgment of this debt that cannot be re- Mounds National Historical Park Boundary Re- sources of the House of Representatives and the paid, honors Staff Sergeant Mote for his ulti- vision Act of 2016’’. Committee on Energy and Natural Resources of mate sacrifice and recognizes his service to his SEC. 6002. DEFINITIONS. the Senate— country, faithfully executed to his last, full In this Act: (1) the results of the study; and measure of devotion. (1) MAP.—The term ‘‘map’’ means the map en- (2) any findings, conclusions, and rec- (8) A presently unnamed peak in the center of titled ‘‘Ocmulgee National Monument Proposed ommendations of the Secretary. Humphrey Basin holds special meaning to the friends and family of Sky Mote, as their annual Boundary Adjustment, numbered 363/125996’’, TITLE VII—MEDGAR EVERS HOUSE STUDY hunting trips set up camp beneath this point; and dated January 2016. ACT (2) HISTORICAL PARK.—The term ‘‘Historical under the stars, the memories made beneath this Park’’ means the Ocmulgee Mounds National SEC. 7001. SHORT TITLE. rounded peak will be cherished forever. Historical Park in the State of Georgia, as redes- This title may be cited as the ‘‘Medgar Evers SEC. 8002. SKY POINT. ignated in section 6003. House Study Act’’. (a) DESIGNATION.—The mountain in the John (3) SECRETARY.—The term ‘‘Secretary’’ means SEC. 7002. SPECIAL RESOURCE STUDY. Muir Wilderness of the Sierra National Forest in the Secretary of the Interior. (a) STUDY.—The Secretary of the Interior California, located at 37°15′16.10091″N SEC. 6003. OCMULGEE MOUNDS NATIONAL HIS- shall conduct a special resource study of the 118°43′39.54102″W, shall be known and des- TORICAL PARK. home of the late civil rights activist Medgar ignated as ‘‘Sky Point’’. (a) REDESIGNATION.—Ocmulgee National Evers, located at 2332 Margaret Walker Alex- (b) REFERENCES.—Any reference in a law, Monument, established pursuant to the Act of ander Drive in Jackson, Mississippi. map, regulation, document, record, or other

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3183 paper of the United States to the mountain de- mission for such action from the lot owner or cipal Meridian, Colorado, as such boundaries scribed in subsection (a) shall be considered to owners. are in effect on the date of the enactment of this be a reference to ‘‘Sky Point’’. (b) BOWEN GULCH PROTECTION AREA.—The Act. TITLE IX—CHIEF STANDING BEAR TRAIL Secretary of Agriculture shall include all Fed- (d) TIME FOR CONVEYANCE; PAYMENT OF STUDY eral land within the boundary described in sub- COSTS.—The conveyance directed under subsection (a) in the Bowen Gulch Protection Area section (a) shall be completed not later than 180 SEC. 9001. CHIEF STANDING BEAR NATIONAL HIS- TORIC TRAIL FEASIBILITY STUDY. established under section 6 of the Colorado Wil- days after the date of the enactment of this Act. Section 5(c) of the National Trails System Act derness Act of 1993 (16 U.S.C. 539j). The conveyance shall be without consideration, (c) LAND AND WATER CONSERVATION FUND.— (16 U.S.C. 1244(c)) is amended by adding at the except that all costs incurred by the Secretary of For purposes of section 200306(a)(2)(B)(i) of title end the following: the Interior relating to any survey, platting, 54, United States Code, the boundaries of the legal description, or other activities carried out ‘‘(46) CHIEF STANDING BEAR NATIONAL HIS- Arapaho National Forest, as modified under to prepare and issue the patent shall be paid by TORIC TRAIL.— subsection (a), shall be considered to be the ‘‘(A) IN GENERAL.—The Chief Standing Bear GLP to the Secretary prior to the land convey- Trail, extending approximately 550 miles from boundaries of the Arapaho National Forest as in ance. Niobrara, Nebraska, to Ponca City, Oklahoma, existence on January 1, 1965. TITLE XIV—NATIONAL LIBERTY which follows the route taken by Chief Standing (d) PUBLIC MOTORIZED USE.—Nothing in this MEMORIAL CLARIFICATION ACT Bear and the Ponca people during Federal In- Act opens privately owned lands within the boundary described in subsection (a) to public SEC. 14001. SHORT TITLE. dian removal, and approximately 550 miles from This title may be cited as the ‘‘National Lib- Ponca City, Oklahoma, through Omaha, Ne- motorized use. (e) ACCESS TO NON-FEDERAL LANDS.—Not- erty Memorial Clarification Act of 2015’’. braska, to Niobrara, Nebraska, which follows withstanding the provisions of section 6(f) of the SEC. 14002. COMPLIANCE WITH CERTAIN STAND- the return route taken by Chief Standing Bear Colorado Wilderness Act of 1993 (16 U.S.C. ARDS FOR COMMEMORATIVE WORKS and the Ponca people, as generally depicted on IN ESTABLISHMENT OF NATIONAL 539j(f)) regarding motorized travel, the owners the map entitled ‘Chief Standing Bear National LIBERTY MEMORIAL. of any non-Federal lands within the boundary Historic Trail Feasibility Study’, numbered 903/ Section 2860(c) of the Military Construction described in subsection (a) who historically have 125,630, and dated November 2014. Authorization Act for Fiscal Year 2013 (division accessed their lands through lands now or here- ‘‘(B) AVAILABILITY OF MAP.—The map de- B of Public Law 112–239; 40 U.S.C. 8903 note) is after owned by the United States within the scribed in subparagraph (A) shall be on file and amended by striking the period at the end and boundary described in subsection (a) shall have available for public inspection in the appro- inserting the following: ‘‘, except that, under the continued right of motorized access to their priate offices of the Department of the Interior. subsections (a)(2) and (b) of section 8905, the lands across the existing roadway. ‘‘(C) COMPONENTS.—The feasibility study con- Secretary of Agriculture, rather than the Sec- ducted under subparagraph (A) shall include a TITLE XII—PRESERVATION RESEARCH AT retary of the Interior or the Administrator of determination on whether the Chief Standing INSTITUTIONS SERVING MINORITIES ACT General Services, shall be responsible for the Bear Trail meets the criteria described in sub- SEC. 12001. SHORT TITLE. consideration of site and design proposals and section (b) for designation as a national historic This title may be cited as the ‘‘Preservation the submission of such proposals on behalf of trail. Research at Institutions Serving Minorities Act’’ the sponsor to the Commission of Fine Arts and ‘‘(D) CONSIDERATIONS.—In conducting the or the ‘‘PRISM Act’’. National Capital Planning Commission.’’. feasibility study under subparagraph (A), the SEC. 12002. ELIGIBILITY OF HISPANIC-SERVING TITLE XV—CRAGS, COLORADO LAND Secretary of the Interior shall consider input INSTITUTIONS AND ASIAN AMER- EXCHANGE ACT from owners of private land within or adjacent ICAN AND NATIVE AMERICAN PA- SEC. 15001. SHORT TITLE. to the study area.’’. CIFIC ISLANDER-SERVING INSTITU- This title may be cited as the ‘‘Crags, Colo- TITLE X—JOHN MUIR NATIONAL TIONS FOR ASSISTANCE FOR PRES- ERVATION EDUCATION AND TRAIN- rado Land Exchange Act of 2015’’. HISTORIC SITE EXPANSION ACT ING PROGRAMS. SEC. 15002. PURPOSES. SEC. 10001. SHORT TITLE. Section 303903(3) of title 54, United States The purposes of this title are— This title may be cited as the ‘‘John Muir Na- Code, is amended by inserting ‘‘to Hispanic- (1) to authorize, direct, expedite, and facili- tional Historic Site Expansion Act’’. serving institutions (as defined in section 502(a) tate the land exchange set forth herein; and SEC. 10002. JOHN MUIR NATIONAL HISTORIC SITE of the Higher Education Act of 1965 (20 U.S.C. (2) to promote enhanced public outdoor rec- LAND ACQUISITION. 1101a(a))) and Asian American and Native reational and natural resource conservation op- (a) ACQUISITION.—The Secretary of the Inte- American Pacific Islander-serving institutions portunities in the Pike National Forest near rior may acquire by donation the approximately (as defined in section 320(b) of the Higher Edu- Pikes Peak, Colorado, via acquisition of the 44 acres of land, and interests in such land, that cation Act of 1965 (20 U.S.C. 1059g(b))),’’ after non-Federal land and trail easement. are identified on the map entitled ‘‘John Muir ‘‘universities,’’. SEC. 15003. DEFINITIONS. National Historic Site Proposed Boundary Ex- TITLE XIII—ELKHORN RANCH AND WHITE In this Act: pansion’’, numbered 426/127150, and dated No- RIVER NATIONAL FOREST CONVEYANCE (1) BHI.—The term ‘‘BHI’’ means Broadmoor vember, 2014. ACT Hotel, Inc., a Colorado corporation. (b) BOUNDARY.—Upon the acquisition of the SEC. 13001. SHORT TITLE. (2) FEDERAL LAND.—The term ‘‘Federal land’’ land authorized by subsection (a), the Secretary means all right, title, and interest of the United of the Interior shall adjust the boundaries of the This title may be cited as the ‘‘Elkhorn Ranch and White River National Forest Conveyance States in and to approximately 83 acres of land John Muir Historic Site in Martinez, California, within the Pike National Forest, El Paso Coun- to include the land identified on the map re- Act of 2015’’. SEC. 13002. LAND CONVEYANCE, ELKHORN ty, Colorado, together with a non-exclusive per- ferred to in subsection (a). petual access easement to BHI to and from such (c) ADMINISTRATION.—The land and interests RANCH AND WHITE RIVER NATIONAL land on Forest Service Road 371, as generally in land acquired under subsection (a) shall be FOREST, COLORADO. depicted on the map entitled ‘‘Proposed Crags administered as part of the John Muir National (a) LAND CONVEYANCE REQUIRED.—Consistent Land Exchange–Federal Parcel–Emerald Valley Historic Site established by the Act of August 31, with the purpose of the Act of March 3, 1909 (43 Ranch’’, dated March 2015. 1964 (Public Law 88–547; 78 Stat. 753; 16 U.S.C. U.S.C. 772), all right, title, and interest of the (3) NON-FEDERAL LAND.—The term ‘‘non-Fed- 461 note). United States (subject to subsection (b)) in and to a parcel of land consisting of approximately eral land’’ means the land and trail easement to TITLE XI—ARAPAHO NATIONAL FOREST 148 acres as generally depicted on the map enti- be conveyed to the Secretary by BHI in the ex- BOUNDARY ADJUSTMENT ACT tled ‘‘Elkhorn Ranch Land Parcel–White River change and is— SEC. 11001. SHORT TITLE. National Forest’’ and dated March 2015 shall be (A) approximately 320 acres of land within the This title may be cited as the ‘‘Arapaho Na- conveyed by patent to the Gordman-Leverich Pike National Forest, Teller County, Colorado, tional Forest Boundary Adjustment Act of Partnership, a Colorado Limited Liability Part- as generally depicted on the map entitled ‘‘Pro- 2015’’. nership (in this section referred to as ‘‘GLP’’). posed Crags Land Exchange–Non-Federal Par- SEC. 11002. ARAPAHO NATIONAL FOREST BOUND- (b) EXISTING RIGHTS.—The conveyance under cel–Crags Property’’, dated March 2015; and ARY ADJUSTMENT. subsection (a)— (B) a permanent trail easement for the Barr (a) IN GENERAL.—The boundary of the Arap- (1) is subject to the valid existing rights of the Trail in El Paso County, Colorado, as generally aho National Forest in the State of Colorado is lessee of Federal oil and gas lease COC–75070 depicted on the map entitled ‘‘Proposed Crags adjusted to incorporate the approximately 92.95 and any other valid existing rights; and Land Exchange–Barr Trail Easement to United acres of land generally depicted as ‘‘The (2) shall reserve to the United States the right States’’, dated March 2015, and which shall be Wedge’’ on the map entitled ‘‘Arapaho National to collect rent and royalty payments on the considered as a voluntary donation to the Forest Boundary Adjustment’’ and dated No- lease referred to in paragraph (1) for the dura- United States by BHI for all purposes of law. vember 6, 2013, and described as lots three, four, tion of the lease. (4) SECRETARY.—The term ‘‘Secretary’’ means eight, and nine of section 13, Township 4 North, (c) EXISTING BOUNDARIES.—The conveyance the Secretary of Agriculture, unless otherwise Range 76 West, Sixth Principal Meridian, Colo- under subsection (a) does not modify the exte- specified. rado. A lot described in this subsection may be rior boundary of the White River National For- SEC. 15004. LAND EXCHANGE. included in the boundary adjustment only after est or the boundaries of Sections 18 and 19 of (a) IN GENERAL.—If BHI offers to convey to the Secretary of Agriculture obtains written per- Township 7 South, Range 93 West, Sixth Prin- the Secretary all right, title, and interest of BHI

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3184 CONGRESSIONAL RECORD — HOUSE May 25, 2016 in and to the non-Federal land, the Secretary ment of this Act to BHI on the parcel and im- cluded in the park without the written consent shall accept the offer and simultaneously con- provements thereunder. of the owner. The establishment of the park or vey to BHI the Federal land. (2) BARR TRAIL EASEMENT.—The Barr Trail the management of the park shall not be con- (b) LAND TITLE.—Title to the non-Federal easement donation identified in section strued to create buffer zones outside of the park. land conveyed and donated to the Secretary 15003(3)(B) shall not be appraised for purposes That activities or uses can be seen, heard or de- under this Act shall be acceptable to the Sec- of this Act. tected from areas within the park shall not pre- retary and shall conform to the title approval SEC. 15006. MISCELLANEOUS PROVISIONS. clude, limit, control, regulate, or determine the standards of the Attorney General of the United (a) WITHDRAWAL PROVISIONS.— conduct or management of activities or uses out- States applicable to land acquisitions by the (1) WITHDRAWAL.—Lands acquired by the Sec- side of the park.’’. Federal Government. retary under this Act shall, without further ac- TITLE XVIII—MARTIN LUTHER KING, JR. (c) PERPETUAL ACCESS EASEMENT TO BHI.— tion by the Secretary, be permanently with- NATIONAL HISTORICAL PARK ACT The nonexclusive perpetual access easement to drawn from all forms of appropriation and dis- SEC. 18001. SHORT TITLE. be granted to BHI as shown on the map referred posal under the public land laws (including the This title may be cited as the ‘‘Martin Luther to in section 15003(2) shall allow— mining and mineral leasing laws) and the Geo- King, Jr. National Historical Park Act of 2016’’. (1) BHI to fully maintain, at BHI’s expense, thermal Steam Act of 1930 (30 U.S.C. 1001 et and use Forest Service Road 371 from its junc- SEC. 18002. MARTIN LUTHER KING, JR. NATIONAL seq.). HISTORICAL PARK. tion with Forest Service Road 368 in accordance (2) WITHDRAWAL REVOCATION.—Any public The Act entitled ‘‘An Act to establish the with historic use and maintenance patterns by land order that withdraws the Federal land Martin Luther King, Junior, National Historic BHI; and from appropriation or disposal under a public Site in the State of Georgia, and for other pur- (2) full and continued public and administra- land law shall be revoked to the extent nec- poses’’ (Public Law 96–428) is amended— tive access and use of FSR 371 in accordance essary to permit disposal of the Federal land (1) in subsection (a) of the first section, by with the existing Forest Service travel manage- parcel to BHI. striking ‘‘the map entitled ‘Martin Luther King, ment plan, or as such plan may be revised by (3) WITHDRAWAL OF FEDERAL LAND.—All Fed- Junior, National Historic Site Boundary Map’, the Secretary. eral land authorized to be exchanged under this number 489/80,013B, and dated September 1992’’ (d) ROUTE AND CONDITION OF ROAD.—BHI Act, if not already withdrawn or segregated and inserting ‘‘the map entitled ‘Martin Luther and the Secretary may mutually agree to im- from appropriation or disposal under the public King, Jr. National Historical Park Proposed prove, relocate, reconstruct, or otherwise alter lands laws upon enactment of this Act, is hereby Boundary Revision’, numbered 489/128,786 and the route and condition of all or portions of so withdrawn, subject to valid existing rights, dated June 2015’’; such road as the Secretary, in close consultation until the date of conveyance of the Federal land (2) by striking ‘‘Martin Luther King, Junior, with BHI, may determine advisable. to BHI. National Historic Site’’ each place it appears (e) EXCHANGE COSTS.—BHI shall pay for all (b) POSTEXCHANGE LAND MANAGEMENT.— and inserting ‘‘Martin Luther King, Jr. Na- land survey, appraisal, and other costs to the Land acquired by the Secretary under this Act tional Historical Park’’; Secretary as may be necessary to process and shall become part of the Pike-San Isabel Na- (3) by striking ‘‘national historic site’’ each consummate the exchange directed by this Act, tional Forest and be managed in accordance place it appears and inserting ‘‘national histor- including reimbursement to the Secretary, if the with the laws, rules, and regulations applicable ical park’’; Secretary so requests, for staff time spent in to the National Forest System. (4) by striking ‘‘historic site’’ each place it ap- such processing and consummation. (c) EXCHANGE TIMETABLE.—It is the intent of pears and inserting ‘‘historical park’’; and SEC. 15005. EQUAL VALUE EXCHANGE AND AP- Congress that the land exchange directed by (5) by striking ‘‘historic sites’’ in section 2(a) PRAISALS. this Act be consummated no later than 1 year and inserting ‘‘historical parks’’. (a) APPRAISALS.—The values of the lands to after the date of the enactment of this Act. SEC. 18003. REFERENCES. be exchanged under this Act shall be determined (d) MAPS, ESTIMATES, AND DESCRIPTIONS.— Any reference in a law (other than this Act), by the Secretary through appraisals performed (1) MINOR ERRORS.—The Secretary and BHI map, regulation, document, paper, or other in accordance with— may by mutual agreement make minor boundary record of the United States to ‘‘Martin Luther (1) the Uniform Appraisal Standards for Fed- adjustments to the Federal and non-Federal King, Junior, National Historic Site’’ shall be eral Land Acquisitions; lands involved in the exchange, and may correct deemed to be a reference to ‘‘Martin Luther (2) the Uniform Standards of Professional Ap- any minor errors in any map, acreage estimate, King, Jr. National Historical Park’’. praisal Practice; or description of any land to be exchanged. (3) appraisal instructions issued by the Sec- TITLE XIX—EXTENSION OF THE AUTHOR- (2) CONFLICT.—If there is a conflict between a retary; and IZATION FOR THE GULLAH/GEECHEE map, an acreage estimate, or a description of (4) shall be performed by an appraiser mutu- CULTURAL HERITAGE CORRIDOR COM- land under this Act, the map shall control un- ally agreed to by the Secretary and BHI. MISSION less the Secretary and BHI mutually agree oth- (b) EQUAL VALUE EXCHANGE.—The values of SEC. 19001. EXTENSION OF THE AUTHORIZATION the Federal and non-Federal land parcels ex- erwise. FOR THE GULLAH/GEECHEE CUL- changed shall be equal, or if they are not equal, (3) AVAILABILITY.—Upon enactment of this TURAL HERITAGE CORRIDOR COM- MISSION. shall be equalized as follows: Act, the Secretary shall file and make available Section 295D(d) of the Gullah/Geechee Cul- (1) SURPLUS OF FEDERAL LAND VALUE.—If the for public inspection in the headquarters of the tural Heritage Act (Public Law 109–338; 120 Stat. final appraised value of the Federal land ex- Pike-San Isabel National Forest a copy of all 1833; 16 U.S.C. 461 note) is amended by striking ceeds the final appraised value of the non-Fed- maps referred to in this Act. ‘‘10 years’’ and inserting ‘‘15 years’’. eral land parcel identified in section 15003(3)(A), TITLE XVI—REMOVE REVERSIONARY BHI shall make a cash equalization payment to INTEREST IN ROCKINGHAM COUNTY LAND TITLE XX—9/11 MEMORIAL ACT the United States as necessary to achieve equal SEC. 16001. REMOVAL OF USE RESTRICTION. SEC. 20001. SHORT TITLE. value, including, if necessary, an amount in ex- Public Law 101–479 (104 Stat. 1158) is amend- This title may be cited as the ‘‘9/11 Memorial cess of that authorized pursuant to section ed— Act’’. 206(b) of the Federal Land Policy and Manage- (1) by striking section 2(d); and SEC. 20002. DEFINITIONS. ment Act of l976 (43 U.S.C. 1716(b)). (2) by adding at the end the following: For purposes of this Act: (2) USE OF FUNDS.—Any cash equalization ‘‘SEC. 4. REMOVAL OF USE RESTRICTION. (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti- moneys received by the Secretary under para- ‘‘(a) The approximately 1-acre portion of the ty’’ means a nonprofit organization as defined graph (1) shall be— land referred to in section 3 that is used for pur- in section 501(c)(3) of the Internal Revenue Code (A) deposited in the fund established under poses of a child care center, as authorized by of 1986 (26 U.S.C. 501(c)(3)) in existence on the Public Law 90–171 (commonly known as the this Act, shall not be subject to the use restric- date of enactment of this Act. ‘‘Sisk Act’’; 16 U.S.C. 484a); and (2) MAP.—The term ‘‘map’’ means the map ti- tion imposed in the deed referred to in section 3. (B) made available to the Secretary for the ac- tled ‘‘National September 11 Memorial Proposed ‘‘(b) Upon enactment of this section, the Sec- quisition of land or interests in land in Region Boundary’’, numbered 903/128928, and dated retary of the Interior shall execute an instru- 2 of the Forest Service. June 2015. ment to carry out subsection (a).’’. (3) SURPLUS OF NON-FEDERAL LAND VALUE.—If (3) NATIONAL SEPTEMBER 11 MEMORIAL.—The the final appraised value of the non-Federal TITLE XVII—COLTSVILLE NATIONAL term ‘‘National September 11 Memorial’’ means land parcel identified in section 15003(3)(A) ex- HISTORICAL PARK the area approximately bounded by Fulton, ceeds the final appraised value of the Federal SEC. 17001. AMENDMENT TO COLTSVILLE NA- Greenwich, Liberty and West Streets as gen- land, the United States shall not make a cash TIONAL HISTORICAL PARK DONA- erally depicted on the map. equalization payment to BHI, and surplus value TION SITE. (4) SECRETARY.—The term ‘‘Secretary’’ means of the non-Federal land shall be considered a Section 3032(b) of Public Law 113–291 (16 the Secretary of the Interior. donation by BHI to the United States for all U.S.C. 410qqq) is amended— SEC. 20003. DESIGNATION OF MEMORIAL. purposes of law. (1) in paragraph (2)(B), by striking ‘‘East Ar- (a) DESIGNATION.—The National September 11 (c) APPRAISAL EXCLUSIONS.— mory’’ and inserting ‘‘Colt Armory Complex’’; Memorial is hereby designated as a national me- (1) SPECIAL USE PERMIT.—The appraised value and morial. of the Federal land parcel shall not reflect any (2) by adding at the end the following: (b) MAP.—The map shall be available for pub- increase or diminution in value due to the spe- ‘‘(4) ADDITIONAL ADMINISTRATIVE CONDI- lic inspection and kept on file at the appropriate cial use permit existing on the date of the enact- TIONS.—No non-Federal property may be in- office of the Secretary.

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(c) EFFECT OF DESIGNATION.—The national SEC. 21003. BOUNDARY ADJUSTMENT; LAND AC- ‘‘(2) Fire, ambulance, and other safety and memorial designated under this section shall not QUISITION; ADMINISTRATION. emergency vehicles. be a unit of the National Park System and the (a) BOUNDARY ADJUSTMENT.—The boundary ‘‘(3) Commercial vehicles using Federal Road designation of the national memorial shall not of the Kennesaw Mountain National Battlefield Route 209, from— be construed to require or authorize Federal Park is modified to include the approximately 8 ‘‘(A) Milford to the Delaware River Bridge funds to be expended for any purpose related to acres identified as ‘‘Wallis House and Harriston leading to U.S. Route 206 in New Jersey; and the national memorial except as provided under Hill’’, and generally depicted on the map titled ‘‘(B) mile 0 of Federal Road Route 209 to section 20004. ‘‘Kennesaw Mountain National Battlefield Pennsylvania State Route 2001.’’. SEC. 20004. COMPETITIVE GRANTS FOR CERTAIN Park, Proposed Boundary Adjustment’’, num- SEC. 22002. DEFINITIONS. MEMORIALS. bered 325/80,020, and dated February 2010. Section 2 of the Delaware Water Gap National (a) COMPETITIVE GRANTS.—Subject to the (b) MAP.—The map referred to in subsection Recreation Area Improvement Act (Public Law availability of appropriations, the Secretary (a) shall be on file and available for inspection 109–156) is amended— may award a single grant per year through a in the appropriate offices of the National Park (1) by redesignating paragraphs (1) through competitive process to an eligible entity for the Service. (5) as paragraphs (2) through (6), respectively; operation and maintenance of any memorial lo- (c) LAND ACQUISITION.—The Secretary of the and cated within the United States established to Interior is authorized to acquire, from willing (2) by inserting before paragraph (2) (as so re- commemorate the events of and honor— owners only, land or interests in land described designated by paragraph (1) of this section) the (1) the victims of the terrorist attacks on the in subsection (a) by donation or exchange. following: World Trade Center, the Pentagon, and United (d) ADMINISTRATION OF ACQUIRED LANDS.— ‘‘(1) ADJACENT MUNICIPALITIES.—The term Airlines Flight 93 on September 11, 2001; and The Secretary of the Interior shall administer ‘adjacent municipalities’ means Delaware (2) the victims of the terrorist attack on the land and interests in land acquired under this Township, Dingman Township, Lehman Town- World Trade Center on February 26, 1993. section as part of the Kennesaw Mountain Na- ship, Matamoras Borough, Middle Smithfield tional Battlefield Park in accordance with ap- (b) AVAILABILITY.—Funds made available Township, Milford Borough, Milford Township, under this section shall remain available until plicable laws and regulations. Smithfield Township and Westfall Township, in RITTEN CONSENT OF OWNER.—No non- expended. (e) W Pennsylvania.’’. Federal property may be included in the Ken- (c) CRITERIA.—In awarding grants under this SEC. 22003. CONFORMING AMENDMENT. nesaw Mountain National Battlefield Park section, the Secretary shall give greatest weight Section 702 of the Omnibus Parks and Public without the written consent of the owner. This in the selection of eligible entities using the fol- Lands Management Act of 1996 (Public Law provision shall apply only to those portions of lowing criteria: 104–333) is repealed. the Park added under subsection (a). (1) Experience in managing a public memorial TITLE XXIII—GULF ISLANDS NATIONAL (f) NO USE OF CONDEMNATION.—The Secretary that will benefit the largest number of visitors of the Interior may not acquire by condemna- SEASHORE LAND EXCHANGE ACT each calendar year. tion any land or interests in land under this Act SEC. 23001. SHORT TITLE. (2) Experience in managing a memorial of sig- or for the purposes of this Act. This title may be cited as the ‘‘Gulf Islands nificant size (4 acres or more). (g) NO BUFFER ZONE CREATED.—Nothing in National Seashore Land Exchange Act of 2016’’. (3) Successful coordination and cooperation this Act, the establishment of the Kennesaw SEC. 23002. LAND EXCHANGE, GULF ISLANDS NA- with Federal, State, and local governments in Mountain National Battlefield Park, or the TIONAL SEASHORE, JACKSON COUN- operating and managing the memorial. management plan for the Kennesaw Mountain TY, MISSISSIPPI. (4) Ability and commitment to use grant funds National Battlefield Park shall be construed to (a) LAND EXCHANGE AUTHORIZED.—The Sec- to enhance security at the memorial. create buffer zones outside of the Park. That ac- retary of the Interior, acting through the Direc- (5) Ability to use grant funds to increase the tivities or uses can be seen, heard, or detected tor of the National Park Service (in this section numbers of economically disadvantaged visitors from areas within the Kennesaw Mountain Na- referred to as the ‘‘Secretary’’) may convey to to the memorial and surrounding areas. tional Battlefield Park shall not preclude, limit, the Veterans of Foreign Wars Post 5699 (in this (d) SUMMARIES.—Not later than 30 days after control, regulate or determine the conduct or section referred to as the ‘‘Post’’) all right, title, the end of each fiscal year in which an eligible management of activities or uses outside the and interest of the United States in and to a entity obligates or expends any part of a grant Park. parcel of real property, consisting of approxi- under this section, the eligible entity shall pre- mately 1.542 acres and located within the Gulf TITLE XXII—VEHICLE ACCESS AT DELA- pare and submit to the Secretary and Congress Islands National Seashore in Jackson County, WARE WATER GAP NATIONAL RECRE- a summary that— Mississippi, section 34, township 7 north, range ATION AREA (1) specifies the amount of grant funds obli- 8 east. gated or expended in the preceding fiscal year; SEC. 22001. VEHICULAR ACCESS AND FEES. (b) LAND TO BE ACQUIRED.—In exchange for (2) specifies the purpose for which the funds Section 4 of the Delaware Water Gap National the property described in subsection (a), the were obligated or expended; and Recreation Area Improvement Act (Public Law Post shall convey to the Secretary all right, (3) includes any other information the Sec- 109–156) is amended to read as follows: title, and interest of the Post in and to a parcel retary may require to more effectively admin- ‘‘SEC. 4. USE OF CERTAIN ROADS WITHIN THE of real property, consisting of approximately ister the grant program. RECREATION AREA. 2.161 acres and located in Jackson County, Mis- (e) SUNSET.—The authority to award grants ‘‘(a) IN GENERAL.—Except as otherwise pro- sissippi, section 34, township 7 north, range 8 under this section shall expire on the date that vided in this section, Highway 209, a federally east. is 7 years after the date of the enactment of this owned road within the boundaries of the Recre- (c) EQUAL VALUE EXCHANGE.—The values of Act. ation Area, shall be closed to all commercial ve- the parcels of real property to be exchanged TITLE XXI—KENNESAW MOUNTAIN NA- hicles. under this section are deemed to be equal. TIONAL BATTLEFIELD PARK BOUNDARY ‘‘(b) EXCEPTION FOR LOCAL BUSINESS USE.— (d) PAYMENT OF COSTS OF CONVEYANCE.— ADJUSTMENT ACT Until September 30, 2020, subsection (a) shall not (1) PAYMENT REQUIRED.—The Secretary shall apply with respect to the use of commercial ve- require the Post to cover costs to be incurred by SEC. 21001. SHORT TITLE. hicles that have four or fewer axles and are— the Secretary, or to reimburse the Secretary for This title may be cited as the ‘‘Kennesaw ‘‘(1) owned and operated by a business phys- such costs incurred by the Secretary, to carry Mountain National Battlefield Park Boundary ically located in— out the land exchange under this section, in- Adjustment Act of 2015’’. ‘‘(A) the Recreation Area; or cluding survey costs, costs related to environ- SEC. 21002. FINDINGS. ‘‘(B) one or more adjacent municipalities; or mental documentation, and any other adminis- The Congress finds the following: ‘‘(2) necessary to provide services to businesses trative costs related to the land exchange. If (1) Kennesaw Mountain National Battlefield or persons located in— amounts are collected from the Secretary in ad- Park was authorized as a unit of the National ‘‘(A) the Recreation Area; or vance of the Secretary incurring the actual costs Park System on June 26, 1935. Prior to 1935, ‘‘(B) one of more adjacent municipalities. and the amount collected exceeds the costs actu- parts of the park had been acquired and pro- ‘‘(c) FEE.—The Secretary shall establish a fee ally incurred by the Secretary to carry out the tected by Civil War veterans and the War De- and permit program for the use by commercial land exchange, the Secretary shall refund the partment. vehicles of Highway 209 under subsection (b). excess amount to the Post. (2) Kennesaw Mountain National Battlefield The program shall include an annual fee not to (2) TREATMENT OF AMOUNTS RECEIVED.— Park protects Kennesaw Mountain and Kolb’s exceed $200 per vehicle. All fees received under Amounts received as reimbursement under para- Farm, which are battle sites along the route of the program shall be set aside in a special ac- graph (1) shall be credited to the fund or ac- General Sherman’s 1864 campaign to take At- count and be available, without further appro- count that was used to cover those costs in- lanta. priation, to the Secretary for the administration curred by the Secretary in carrying out the land (3) Most of the park protects Confederate posi- and enforcement of the program, including reg- exchange. Amounts so credited shall be merged tions and strategy. The Wallis House is one of istering vehicles, issuing permits and vehicle with amounts in such fund or account and shall the few original structures remaining from the identification stickers, and personnel costs. be available for the same purposes, and subject Battle of Kennesaw Mountain associated with ‘‘(d) EXCEPTIONS.—The following vehicles may to the same conditions and limitations, as Union positions and strategy. use Highway 209 and shall not be subject to a amounts in such fund or account. (4) The Wallis House is strategically located fee or permit requirement under subsection (c): (e) DESCRIPTION OF PROPERTY.—The exact next to a Union signal station at Harriston Hill. ‘‘(1) Local school buses. acreage and legal description of property to be

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CONVEYANCE. mutually satisfactory to the Secretary and the (5) by adding at the end the following new (a) IN GENERAL.—Subject to valid existing Post, including such additional terms and con- paragraphs: rights, including rights-of-way, all right, title, ditions as the Secretary considers appropriate to ‘‘(4) Parcels of 40 acres or less which are de- and interest of the United States in and to the protect the interests of the United States. termined by the Secretary to be physically iso- Council Creek land, including any improve- (g) TREATMENT OF ACQUIRED LAND.—Land lated, to be inaccessible, or to have lost their ments located on the land, appurtenances to the and interests in land acquired by the United National Forest character. land, and minerals on or in the land, including States under subsection (b) shall be adminis- ‘‘(5) Parcels of 10 acres or less which are not oil and gas, shall be— tered by the Secretary as part of the Gulf Is- eligible for conveyance under paragraph (2), but (1) held in trust by the United States for the lands National Seashore. which are encroached upon by permanent hab- benefit of the Tribe; and (h) MODIFICATION OF BOUNDARY.—Upon com- itable improvements for which there is no evi- (2) part of the reservation of the Tribe. pletion of the land exchange under this section, dence that the encroachment was intentional or (b) SURVEY.—Not later than 1 year after the the Secretary shall modify the boundary of the negligent. date of enactment of this Act, the Secretary Gulf Islands National Seashore to reflect such ‘‘(6) Parcels used as a cemetery, a landfill, or shall complete a survey of the boundary lines to land exchange. a sewage treatment plant under a special use establish the boundaries of the land taken into TITLE XXIV—KOREAN WAR VETERANS authorization issued by the Secretary. In the trust under subsection (a). MEMORIAL WALL OF REMEMBRANCE ACT case of a cemetery expected to reach capacity SEC. 26014. MAP AND LEGAL DESCRIPTION. within 10 years, the sale, exchange, or inter- SEC. 24001. SHORT TITLE. (a) IN GENERAL.—As soon as practicable after change may include, in the sole discretion of the This title may be cited as the ‘‘Korean War the date of enactment of this Act, the Secretary Secretary, up to 1 additional acre abutting the Veterans Memorial Wall of Remembrance Act of shall file a map and legal description of the permit area to facilitate expansion of the ceme- 2016’’. Council Creek land with— tery.’’. SEC. 24002. WALL OF REMEMBRANCE. (1) the Committee on Energy and Natural Re- (c) DISPOSITION OF PROCEEDS.—Section 2 of Section 1 of the Act titled ‘‘An Act to author- sources of the Senate; and Public Law 97–465 (16 U.S.C. 521d) is amended— (2) the Committee on Natural Resources of the ize the erection of a memorial on Federal Land (1) by striking ‘‘The Secretary is authorized’’ in the District of Columbia and its environs to House of Representatives. and inserting the following: ORCE AND EFFECT.—The map and legal honor members of the Armed Forces of the (b) F ‘‘(a) CONVEYANCE AUTHORITY; CONSIDER- description filed under subsection (a) shall have United States who served in the Korean War’’, ATION.—The Secretary is authorized’’; the same force and effect as if included in this approved October 25, 1986 (Public Law 99–572), (2) by striking ‘‘The Secretary shall insert’’ subtitle, except that the Secretary may correct is amended by adding at the end the following: and inserting the following: any clerical or typographical errors in the map ‘‘Such memorial shall include a Wall of Remem- ‘‘(b) INCLUSION OF TERMS, COVENANTS, CONDI- brance, which shall be constructed without the or legal description. TIONS, AND RESERVATIONS.—The Secretary shall (c) PUBLIC AVAILABILITY.—The map and legal use of Federal funds. The American Battle insert’’; Monuments Commission shall request and con- description filed under subsection (a) shall be on (3) by striking ‘‘convenants’’ and inserting file and available for public inspection in the sider design recommendations from the Korean ‘‘covenants’’; and War Veterans Memorial Foundation, Inc. for Office of the Secretary. (4) by adding at the end the following new SEC. 26015. ADMINISTRATION. the establishment of the Wall of Remembrance. subsection: (a) IN GENERAL.—Unless expressly provided in The Wall of Remembrance shall include— ‘‘(c) DISPOSITION OF PROCEEDS.— this subtitle, nothing in this subtitle affects any ‘‘(1) a list by name of members of the Armed ‘‘(1) DEPOSIT IN SISK FUND.—The net proceeds right or claim of the Tribe existing on the date Forces of the United States who died in theatre derived from any sale or exchange conducted of enactment of this Act to any land or interest in the Korean War; under the authority of paragraph (4), (5), or (6) in land. ‘‘(2) the number of members of the Armed of section 3 shall be deposited in the fund estab- (b) PROHIBITIONS.— Forces of the United States who, in regards to lished by Public Law 90–171 (commonly known (1) EXPORTS OF UNPROCESSED LOGS.—Federal the Korean War— as the Sisk Act; 16 U.S.C. 484a). ‘‘(A) were wounded in action; law (including regulations) relating to the ex- SE.—Amounts deposited under para- ‘‘(2) U port of unprocessed logs harvested from Federal ‘‘(B) are listed as missing in action; or graph (1) shall be available to the Secretary ‘‘(C) were prisoners of war; and land shall apply to any unprocessed logs that until expended for— ‘‘(3) the number of members of the Korean are harvested from the Council Creek land. ‘‘(A) the acquisition of land or interests in Augmentation to the United States Army, the (2) NON-PERMISSIBLE USE OF LAND.—Any real land for administrative sites for the National Republic of Korea Armed Forces, and the other property taken into trust under section 26013 Forest System in the State from which the nations of the United Nations Command who, in shall not be eligible, or used, for any gaming ac- amounts were derived; regards to the Korean War— tivity carried out under Public Law 100–497 (25 ‘‘(B) the acquisition of land or interests in ‘‘(A) were killed in action; U.S.C. 2701 et seq.). land for inclusion in the National Forest System ‘‘(B) were wounded in action; (c) FOREST MANAGEMENT.—Any forest man- ‘‘(C) are listed as missing in action; or in that State, including land or interests in land agement activity that is carried out on the ‘‘(D) were prisoners of war.’’. which enhance opportunities for recreational Council Creek land shall be managed in accord- access; ance with all applicable Federal laws. TITLE XXV—NATIONAL FOREST SMALL ‘‘(C) the performance of deferred maintenance TRACTS ACT AMENDMENTS ACT on administrative sites for the National Forest SEC. 26016. LAND RECLASSIFICATION. SEC. 25001. SHORT TITLE. System in that State or other deferred mainte- (a) IDENTIFICATION OF OREGON AND CALI- This title may be cited as the ‘‘National Forest nance activities in that State which enhance op- FORNIA RAILROAD GRANT LAND.—Not later than Small Tracts Act Amendments Act of 2015’’. portunities for recreational access; or 180 days after the date of enactment of this Act, SEC. 25002. ADDITIONAL AUTHORITY FOR SALE ‘‘(D) the reimbursement of the Secretary for the Secretary of Agriculture and the Secretary OR EXCHANGE OF SMALL PARCELS costs incurred in preparing a sale conducted shall identify any Oregon and California Rail- OF NATIONAL FOREST SYSTEM under the authority of section 3 if the sale is a road grant land that is held in trust by the LAND. competitive sale.’’. United States for the benefit of the Tribe under (a) INCREASE IN MAXIMUM VALUE OF SMALL section 26013. TITLE XXVI—WESTERN OREGON TRIBAL PARCELS.—Section 3 of Public Law 97–465 (com- (b) IDENTIFICATION OF PUBLIC DOMAIN monly known as the Small Tracts Act; 16 U.S.C. FAIRNESS ACT LAND.—Not later than 18 months after the date 521e) is amended in the matter preceding para- SEC. 26001. SHORT TITLE. of enactment of this Act, the Secretary shall graph (1) by striking ‘‘$150,000’’ and inserting This title may be cited as the ‘‘Western Or- identify public domain land in the State of Or- ‘‘$500,000’’. egon Tribal Fairness Act’’. egon that— (b) ADDITIONAL CONVEYANCE PURPOSES.—Sec- Subtitle A—Cow Creek Umpqua Land (1) is approximately equal in acreage and con- tion 3 of Public Law 97–465 (16 U.S.C. 521e) is Conveyance dition as the Oregon and California Railroad further amended— grant land identified under subsection (a); and (1) in the matter preceding paragraph (1), by SEC. 26011. SHORT TITLE. (2) is located in the vicinity of the Oregon and striking ‘‘which are—’’ and inserting ‘‘which in- This subtitle may be cited as the ‘‘Cow Creek California Railroad grant land. volve any one of the following:’’; Umpqua Land Conveyance Act’’. (c) MAPS.—Not later than 2 years after the (2) in paragraph (1)— SEC. 26012. DEFINITIONS. date of enactment of this Act, the Secretary (A) by striking ‘‘parcels’’ and inserting ‘‘Par- In this subtitle: shall submit to Congress and publish in the Fed- cels’’; and (1) COUNCIL CREEK LAND.—The term ‘‘Council eral Register one or more maps depicting the (B) by striking the semicolon at the end and Creek land’’ means the approximately 17,519 land identified in subsections (a) and (b). inserting a period; acres of land, as generally depicted on the map (d) RECLASSIFICATION.—

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(1) IN GENERAL.—After providing an oppor- any clerical or typographical errors in the map DIVISION D—SCIENCE tunity for public comment, the Secretary shall or legal description. TITLE V—DEPARTMENT OF ENERGY reclassify the land identified in subsection (b) as (c) PUBLIC AVAILABILITY.—The map and legal SCIENCE Oregon and California Railroad grant land. description filed under subsection (a) shall be on SEC. 501. MISSION. (2) APPLICABILITY.—The Act of August 28, file and available for public inspection in the Section 209 of the Department of Energy Or- 1937 (43 U.S.C. 1181a et seq.), shall apply to land Office of the Secretary. ganization Act (42 U.S.C. 7139) is amended by reclassified as Oregon and California Railroad SEC. 26035. ADMINISTRATION. adding at the end the following: grant land under paragraph (1). (a) IN GENERAL.—Unless expressly provided in ‘‘(c) MISSION.—The mission of the Office of Subtitle B—Coquille Forest Fairness this subtitle, nothing in this subtitle affects any Science shall be the delivery of scientific discov- SEC. 26021. SHORT TITLE. right or claim of the Confederated Tribes exist- eries, capabilities, and major scientific tools to This subtitle may be cited as the ‘‘Coquille ing on the date of enactment of this Act to any transform the understanding of nature and to Forest Fairness Act’’. land or interest in land. advance the energy, economic, and national se- SEC. 26022. AMENDMENTS TO COQUILLE RES- (b) PROHIBITIONS.— curity of the United States. In support of this TORATION ACT. (1) EXPORTS OF UNPROCESSED LOGS.—Federal mission, the Director shall carry out programs Section 5(d) of the Coquille Restoration Act law (including regulations) relating to the ex- on basic energy sciences, advanced scientific (25 U.S.C. 715c(d)) is amended— port of unprocessed logs harvested from Federal computing research, high energy physics, bio- (1) by striking paragraph (5) and inserting the land shall apply to any unprocessed logs that logical and environmental research, fusion en- following: are harvested from the Oregon Coastal land ergy sciences, and nuclear physics, including as ‘‘(5) MANAGEMENT.— taken into trust under section 26033. provided under subtitle A of title V of the Amer- ‘‘(A) IN GENERAL.—Subject to subparagraph (2) NON-PERMISSIBLE USE OF LAND.—Any real ica COMPETES Reauthorization Act of 2015, (B), the Secretary, acting through the Assistant property taken into trust under section 26033 through activities focused on— Secretary for Indian Affairs, shall manage the shall not be eligible, or used, for any gaming ac- ‘‘(1) fundamental scientific discoveries Coquille Forest in accordance with the laws per- tivity carried out under Public Law 100–497 (25 through the study of matter and energy; taining to the management of Indian trust land. U.S.C. 2701 et seq.). ‘‘(2) science in the national interest, including— ‘‘(B) ADMINISTRATION.— (c) LAWS APPLICABLE TO COMMERCIAL FOR- ‘‘(A) advancing an agenda for American en- ‘‘(i) UNPROCESSED LOGS.—Unprocessed logs ESTRY ACTIVITY.—Any commercial forestry ac- ergy security through research on energy pro- harvested from the Coquille Forest shall be sub- tivity that is carried out on the Oregon Coastal duction, storage, transmission, efficiency, and ject to the same Federal statutory restrictions on land taken into trust under section 26033 shall use; and export to foreign nations that apply to unproc- be managed in accordance with all applicable ‘‘(B) advancing our understanding of the essed logs harvested from Federal land. Federal laws. Earth’s climate through research in atmospheric ‘‘(ii) SALES OF TIMBER.—Notwithstanding any (d) AGREEMENTS.—The Confederated Tribes other provision of law, all sales of timber from and environmental sciences; and shall consult with the Secretary and other par- ‘‘(3) National Scientific User Facilities to de- land subject to this subsection shall be adver- ties as necessary to develop agreements to pro- liver the 21st century tools of science, engineer- tised, offered, and awarded according to com- vide for access to the Oregon Coastal land taken ing, and technology and provide the Nation’s petitive bidding practices, with sales being into trust under section 26033 that provide for— researchers with the most advanced tools of awarded to the highest responsible bidder.’’; (1) honoring existing reciprocal right-of-way modern science including accelerators, colliders, (2) by striking paragraph (9); and agreements; supercomputers, light sources and neutron (3) by redesignating paragraphs (10) through (2) administrative access by the Bureau of (12) as paragraphs (9) through (11), respectively. sources, and facilities for studying materials Land Management; and science. Subtitle C—Oregon Coastal Lands (3) management of the Oregon Coastal lands ‘‘(d) COORDINATION WITH OTHER DEPARTMENT SEC. 26031. SHORT TITLE. that are acquired or developed under chapter OF ENERGY PROGRAMS.—The Under Secretary This subtitle may be cited as the ‘‘Oregon 2003 of title 54, United States Code (commonly for Science and Energy shall ensure the coordi- Coastal Lands Act’’. known as the ‘‘Land and Water Conservation nation of Office of Science activities and pro- SEC. 26032. DEFINITIONS. Fund Act of 1965’’), consistent with section grams with other activities of the Department.’’. In this subtitle: 200305(f)(3) of that title. SEC. 502. BASIC ENERGY SCIENCES. (1) CONFEDERATED TRIBES.—The term ‘‘Con- (e) LAND USE PLANNING REQUIREMENTS.—Ex- (a) PROGRAM.—The Director shall carry out a federated Tribes’’ means the Confederated cept as provided in subsection (c), once the Or- program in basic energy sciences, including ma- Tribes of Coos, Lower Umpqua, and Siuslaw In- egon Coastal land is taken into trust under sec- terials sciences and engineering, chemical dians. tion 26033, the land shall not be subject to the sciences, physical biosciences, and geosciences, (2) OREGON COASTAL LAND.—The term ‘‘Or- land use planning requirements of the Federal for the purpose of providing the scientific foun- egon Coastal land’’ means the approximately Land Policy and Management Act of 1976 (43 dations for new energy technologies. 14,408 acres of land, as generally depicted on the U.S.C. 1701 et seq.) or the Act of August 28, 1937 (b) MISSION.—The mission of the program de- map entitled ‘‘Oregon Coastal Land Convey- (43 U.S.C. 1181a et seq.). scribed in subsection (a) shall be to support fun- ance’’ and dated March 27, 2013. SEC. 26036. LAND RECLASSIFICATION. damental research to understand, predict, and (3) SECRETARY.—The term ‘‘Secretary’’ means (a) IDENTIFICATION OF OREGON AND CALI- ultimately control matter and energy at the elec- the Secretary of the Interior. FORNIA RAILROAD GRANT LAND.—Not later than tronic, atomic, and molecular levels in order to SEC. 26033. CONVEYANCE. 180 days after the date of enactment of this Act, provide the foundations for new energy tech- (a) IN GENERAL.—Subject to valid existing the Secretary of Agriculture and the Secretary nologies and to support Department missions in rights, including rights-of-way, all right, title, shall identify any Oregon and California Rail- energy, environment, and national security. and interest of the United States in and to the road grant land that is held in trust by the (c) BASIC ENERGY SCIENCES USER FACILI- Oregon Coastal land, including any improve- United States for the benefit of the Confederated TIES.—The Director shall carry out a subpro- ments located on the land, appurtenances to the Tribes under section 26033. gram for the development, construction, oper- land, and minerals on or in the land, including (b) IDENTIFICATION OF PUBLIC DOMAIN ation, and maintenance of national user facili- oil and gas, shall be— LAND.—Not later than 18 months after the date ties to support the program under this section. (1) held in trust by the United States for the of enactment of this Act, the Secretary shall As practicable, these facilities shall serve the benefit of the Confederated Tribes; and identify public domain land in the State of Or- needs of the Department, industry, the academic (2) part of the reservation of the Confederated egon that— community, and other relevant entities to create Tribes. (1) is approximately equal in acreage and con- and examine new materials and chemical proc- (b) SURVEY.—Not later than 1 year after the dition as the Oregon and California Railroad esses for the purposes of advancing new energy date of enactment of this Act, the Secretary grant land identified under subsection (a); and technologies and improving the competitiveness shall complete a survey of the boundary lines to (2) is located in the vicinity of the Oregon and of the United States. These facilities shall in- establish the boundaries of the land taken into California Railroad grant land. clude— (1) x-ray light sources; trust under subsection (a). (c) MAPS.—Not later than 2 years after the (2) neutron sources; SEC. 26034. MAP AND LEGAL DESCRIPTION. date of enactment of this Act, the Secretary (3) nanoscale science research centers; and (a) IN GENERAL.—As soon as practicable after shall submit to Congress and publish in the Fed- (4) other facilities the Director considers ap- the date of enactment of this Act, the Secretary eral Register one or more maps depicting the propriate, consistent with section 209 of the De- shall file a map and legal description of the Or- land identified in subsections (a) and (b). partment of Energy Organization Act (42 U.S.C. egon Coastal land with— (d) RECLASSIFICATION.— 7139). (1) the Committee on Energy and Natural Re- (1) IN GENERAL.—After providing an oppor- (d) LIGHT SOURCE LEADERSHIP INITIATIVE.— sources of the Senate; and tunity for public comment, the Secretary shall (1) ESTABLISHMENT.—In support of the sub- (2) the Committee on Natural Resources of the reclassify the land identified in subsection (b) as program authorized in subsection (c), the Direc- House of Representatives. Oregon and California Railroad grant land. tor shall establish an initiative to sustain and (b) FORCE AND EFFECT.—The map and legal (2) APPLICABILITY.—The Act of August 28, advance global leadership of light source user description filed under subsection (a) shall have 1937 (43 U.S.C. 1181a et seq.), shall apply to land facilities. the same force and effect as if included in this reclassified as Oregon and California Railroad (2) LEADERSHIP STRATEGY.—Not later than 9 subtitle, except that the Secretary may correct grant land under paragraph (1). months after the date of enactment of this Act,

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3188 CONGRESSIONAL RECORD — HOUSE May 25, 2016 and biennially thereafter, the Director shall pre- Act of 2004 (15 U.S.C. 5541) is amended by strik- ‘‘(C) explore the use of exascale computing pare, in consultation with relevant stake- ing paragraphs (1) through (5) and inserting the technologies to advance a broad range of science holders, and submit to the Committee on following: and engineering. Science, Space, and Technology of the House of ‘‘(1) CO-DESIGN.—The term ‘co-design’ means ‘‘(3) ADMINISTRATION.—In carrying out this Representatives and the Committee on Energy the joint development of application algorithms, program, the Secretary shall— and Natural Resources of the Senate a light models, and codes with computer technology ar- ‘‘(A) provide, on a competitive, merit-reviewed source leadership strategy that— chitectures and operating systems to maximize basis, access for researchers in United States in- (A) identifies, prioritizes, and describes plans effective use of high-end computing systems. dustry, institutions of higher education, Na- for the development, construction, and oper- ‘‘(2) DEPARTMENT.—The term ‘Department’ tional Laboratories, and other Federal agencies ation of light sources over the next decade; means the Department of Energy. to these exascale systems, as appropriate; and (B) describes plans for optimizing management ‘‘(3) EXASCALE.—The term ‘exascale’ means ‘‘(B) conduct outreach programs to increase and use of existing light source facilities; and computing system performance at or near 10 to the readiness for the use of such platforms by (C) assesses the international outlook for light the 18th power floating point operations per sec- domestic industries, including manufacturers. source user facilities and describes plans for ond. ‘‘(4) REPORTS.— United States cooperation in such projects. ‘‘(4) HIGH-END COMPUTING SYSTEM.—The term ‘‘(A) INTEGRATED STRATEGY AND PROGRAM (3) ADVISORY COMMITTEE FEEDBACK AND REC- ‘high-end computing system’ means a computing MANAGEMENT PLAN.—The Secretary shall submit OMMENDATIONS.—Not later than 45 days after system with performance that substantially ex- to Congress, not later than 90 days after the submission of the strategy described in para- ceeds that of systems that are commonly avail- date of enactment of the America COMPETES graph (2), the Basic Energy Sciences Advisory able for advanced scientific and engineering ap- Reauthorization Act of 2015, a report outlining Committee shall provide the Director, the Com- plications. an integrated strategy and program manage- mittee on Science, Space, and Technology of the ‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The ment plan, including target dates for House of Representatives, and the Committee on term ‘institution of higher education’ has the prototypical and production exascale platforms, Energy and Natural Resources of the Senate a meaning given the term in section 2 of the En- interim milestones to reaching these targets, report of the Advisory Committee’s analyses, ergy Policy Act of 2005 (42 U.S.C. 15801). functional requirements, roles and responsibil- findings, and recommendations for improving ‘‘(6) LEADERSHIP SYSTEM.—The term ‘leader- ities of National Laboratories and industry, ac- the strategy, including a review of the most re- ship system’ means a high-end computing sys- quisition strategy, and estimated resources recent budget request for the initiative. tem that is among the most advanced in the quired, to achieve this exascale system capa- (4) PROPOSED BUDGET.—The Director shall world in terms of performance in solving sci- bility. The report shall include the Secretary’s transmit annually to Congress a proposed budg- entific and engineering problems. plan for Departmental organization to manage et corresponding to the activities identified in ‘‘(7) NATIONAL LABORATORY.—The term ‘Na- and execute the Exascale Computing Program, the strategy. tional Laboratory’ means any one of the seven- including definition of the roles and responsibil- (e) ACCELERATOR RESEARCH AND DEVELOP- teen laboratories owned by the Department. ities within the Department to ensure an inte- MENT.—The Director shall carry out research ‘‘(8) SECRETARY.—The term ‘Secretary’ means grated program across the Department. The re- and development on advanced accelerator and the Secretary of Energy. port shall also include a plan for ensuring bal- storage ring technologies relevant to the devel- ‘‘(9) SOFTWARE TECHNOLOGY.—The term ‘soft- ance and prioritizing across ASCR subprograms opment of Basic Energy Sciences user facilities, ware technology’ includes optimal algorithms, in a flat or slow-growth budget environment. in consultation with the Office of Science’s High programming environments, tools, languages, ‘‘(B) STATUS REPORTS.—At the time of the Energy Physics and Nuclear Physics programs. and operating systems for high-end computing budget submission of the Department for each (f) ENERGY FRONTIER RESEARCH CENTERS.— systems.’’. fiscal year, the Secretary shall submit a report (1) IN GENERAL.—The Director shall carry out (d) DEPARTMENT OF ENERGY HIGH-END COM- to Congress that describes the status of mile- a program to provide awards, on a competitive, PUTING RESEARCH AND DEVELOPMENT PRO- stones and costs in achieving the objectives of merit-reviewed basis, to multi-institutional col- GRAM.—Section 3 of the Department of Energy the exascale computing program. laborations or other appropriate entities to con- High-End Computing Revitalization Act of 2004 ‘‘(C) EXASCALE MERIT REPORT.—At least 18 duct fundamental and use-inspired energy re- (15 U.S.C. 5542) is amended— months prior to the initiation of construction or search to accelerate scientific breakthroughs. (1) in subsection (a)— installation of any exascale-class computing fa- (2) COLLABORATIONS.—A collaboration receiv- (A) in paragraph (1), by striking ‘‘program’’ cility, the Secretary shall transmit a plan to the ing an award under this subsection may include and inserting ‘‘coordinated program across the Congress detailing— multiple types of institutions and private sector Department’’; ‘‘(i) the proposed facility’s cost projections entities. (B) by striking ‘‘and’’ at the end of paragraph and capabilities to significantly accelerate the (3) SELECTION AND DURATION.— (1); development of new energy technologies; (A) IN GENERAL.—A collaboration under this (C) by striking the period at the end of para- ‘‘(ii) technical risks and challenges that must subsection shall be selected for a period of 5 graph (2) and inserting ‘‘; and’’; and be overcome to achieve successful completion years. An Energy Frontier Research Center al- (D) by adding at the end the following new and operation of the facility; and ready in existence and supported by the Direc- paragraph: ‘‘(iii) an independent assessment of the sci- tor on the date of enactment of this Act may ‘‘(3) partner with universities, National Lab- entific and technological advances expected continue to receive support for a period of 5 oratories, and industry to ensure the broadest from such a facility relative to those expected years beginning on the date of establishment of possible application of the technology developed from a comparable investment in expanded re- that center. in this program to other challenges in science, search and applications at terascale-class and (B) REAPPLICATION.—After the end of the pe- engineering, medicine, and industry.’’; riod described in subparagraph (A), an awardee (2) in subsection (b)(2), by striking ‘‘vector’’ petascale-class computing facilities, including may reapply for selection for a second period of and all that follows through ‘‘architectures’’ an evaluation of where investments should be 5 years on a competitive, merit-reviewed basis. and inserting ‘‘computer technologies that show made in the system software and algorithms to (C) TERMINATION.—Consistent with the exist- promise of substantial reductions in power re- enable these advances.’’. ing authorities of the Department, the Director quirements and substantial gains in parallelism SEC. 504. HIGH ENERGY PHYSICS. may terminate an underperforming center for of multicore processors, concurrency, memory (a) PROGRAM.—The Director shall carry out a cause during the performance period. and storage, bandwidth, and reliability’’; and research program on the fundamental constitu- (4) NO FUNDING FOR CONSTRUCTION.—No fund- (3) by striking subsection (d) and inserting the ents of matter and energy and the nature of ing provided pursuant to this subsection may be following: space and time. used for the construction of new buildings or fa- ‘‘(d) EXASCALE COMPUTING PROGRAM.— (b) SENSE OF CONGRESS.—It is the sense of the cilities. ‘‘(1) IN GENERAL.—The Secretary shall con- Congress that— SEC. 503. ADVANCED SCIENTIFIC COMPUTING RE- duct a coordinated research program to develop (1) the Director should incorporate the find- SEARCH. exascale computing systems to advance the mis- ings and recommendations of the Particle Phys- (a) PROGRAM.—The Director shall carry out a sions of the Department. ics Project Prioritization Panel’s report entitled research, development, and demonstration pro- ‘‘(2) EXECUTION.—The Secretary shall, ‘‘Building for Discovery: Strategic Plan for U.S. gram to advance computational and networking through competitive merit review, establish two Particle Physics in the Global Context’’, into the capabilities to analyze, model, simulate, and or more National Laboratory-industry-univer- Department’s planning process as part of the predict complex phenomena relevant to the de- sity partnerships to conduct integrated research, program described in subsection (a); velopment of new energy technologies and the development, and engineering of multiple (2) the Director should prioritize domestically competitiveness of the United States. exascale architectures, and— hosted research projects that will maintain the (b) FACILITIES.—The Director, as part of the ‘‘(A) conduct mission-related co-design activi- United States position as a global leader in par- program described in subsection (a), shall de- ties in developing such exascale platforms; ticle physics and attract the world’s most tal- velop and maintain world-class computing and ‘‘(B) develop those advancements in hardware ented physicists and foreign investment for network facilities for science and deliver critical and software technology required to fully real- international collaboration; and research in applied mathematics, computer ize the potential of an exascale production sys- (3) the nations that lead in particle physics by science, and advanced networking to support tem in addressing Department target applica- hosting international teams dedicated to a com- the Department’s missions. tions and solving scientific problems involving mon scientific goal attract the world’s best tal- (c) DEFINITIONS.—Section 2 of the Department predictive modeling and simulation and large- ent and inspire future generations of physicists of Energy High-End Computing Revitalization scale data analytics and management; and and technologists.

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(c) NEUTRINO RESEARCH.—As part of the pro- (A) identify current scientific challenges for (B) FAIRNESS IN COMPETITION FOR SOLICITA- gram described in subsection (a), the Director understanding the long-term effects of ionizing TIONS FOR INTERNATIONAL PROJECT ACTIVITIES.— shall carry out research activities on rare decay radiation; Section 33 of the Atomic Energy Act of 1954 (42 processes and the nature of the neutrino, which (B) assess the status of current low dose radi- U.S.C. 2053) is amended by adding at the end may include collaborations with the National ation research in the United States and inter- the following: ‘‘For purposes of this section, Science Foundation or international collabora- nationally; with respect to international research projects, tions. (C) formulate overall scientific goals for the the term ‘private facilities or laboratories’ shall (d) DARK ENERGY AND DARK MATTER RE- future of low-dose radiation research in the refer to facilities or laboratories located in the SEARCH.—As part of the program described in United States; United States.’’. subsection (a), the Director shall carry out re- (D) recommend a long-term strategic and (C) SENSE OF CONGRESS.—It is the sense of search activities on the nature of dark energy prioritized research agenda to address scientific Congress that the United States should support and dark matter, which may include collabora- research goals for overcoming the identified sci- a robust, diverse fusion program. It is further tions with the National Aeronautics and Space entific challenges in coordination with other re- the sense of Congress that developing the sci- Administration or the National Science Founda- search efforts; entific basis for fusion, providing research re- tion, or international collaborations. (E) define the essential components of a results key to the success of ITER, and training (e) ACCELERATOR RESEARCH AND DEVELOP- search program that would address this research the next generation of fusion scientists are of MENT.—The Director shall carry out research agenda within the universities and the National critical importance to the United States and and development in advanced accelerator con- Laboratories; and should in no way be diminished by participation cepts and technologies, including laser tech- (F) assess the cost-benefit effectiveness of such of the United States in the ITER project. nologies, to reduce the necessary scope and cost a program. (d) INERTIAL FUSION ENERGY RESEARCH AND for the next generation of particle accelerators. (3) RESEARCH PLAN.—Not later than 90 days DEVELOPMENT PROGRAM.—The Secretary shall The Director shall ensure access to national lab- after the completion of the study performed carry out a program of research and technology oratory accelerator facilities, infrastructure, under paragraph (2) the Secretary of Energy development in inertial fusion for energy appli- and technology for users and developers of ac- shall deliver to the Committee on Science, Space, cations, including ion beam, laser, and pulsed celerators that advance applications in energy and Technology of the House of Representatives power fusion systems. and the environment, medicine, industry, na- and the Committee on Energy and Natural Re- (e) ALTERNATIVE AND ENABLING CONCEPTS.— tional security, and discovery science. sources of the Senate a 5-year research plan (1) IN GENERAL.—As part of the program de- (f) INTERNATIONAL COLLABORATION.—The Di- that responds to the study’s findings and rec- scribed in subsection (a), the Director shall sup- rector, as practicable and in coordination with port research and development activities and fa- other appropriate Federal agencies as necessary, ommendations and identifies and prioritizes re- cility operations at United States universities, shall ensure the access of United States research needs. national laboratories, and private facilities for a searchers to the most advanced accelerator fa- (4) DEFINITION.—In this subsection, the term portfolio of alternative and enabling fusion en- cilities and research capabilities in the world, ‘‘low dose radiation’’ means a radiation dose of ergy concepts that may provide solutions to sig- including the Large Hadron Collider. less than 100 millisieverts. (5) RULE OF CONSTRUCTION.—Nothing in this nificant challenges to the establishment of a SEC. 505. BIOLOGICAL AND ENVIRONMENTAL RE- commercial magnetic fusion power plant, SEARCH. subsection shall be construed to subject any re- prioritized based on the ability of the United (a) PROGRAM.—The Director shall carry out a search carried out by the Director under the reprogram of research, development, and dem- search program under this subsection to any States to play a leadership role in the inter- onstration in the areas of biological systems limitations described in section 977(e) of the En- national fusion research community. Fusion en- science and climate and environmental science ergy Policy Act of 2005 (42 U.S.C. 16317(e)). ergy concepts and activities explored under this to support the energy and environmental mis- SEC. 506. FUSION ENERGY. paragraph may include— (A) high magnetic field approaches facilitated sions of the Department. (a) PROGRAM.—The Director shall carry out a by high temperature superconductors; (b) PRIORITY RESEARCH.—In carrying out this fusion energy sciences research program to ex- (B) advanced stellarator concepts; section, the Director shall prioritize funda- pand the fundamental understanding of plas- (C) non-tokamak confinement configurations mental research on biological systems and mas and matter at very high temperatures and operating at low magnetic fields; genomics science with the greatest potential to densities and to build the scientific foundation enable scientific discovery. (D) magnetized target fusion energy concepts; necessary to enable fusion power. (E) liquid metals to address issues associated (c) ASSESSMENT.—Not later than 12 months (b) FUSION MATERIALS RESEARCH AND DEVEL- after the date of enactment of this Act, the with fusion plasma interactions with the inner OPMENT.—As part of the activities authorized in wall of the encasing device; Comptroller General shall submit a report to section 978 of the Energy Policy Act of 2005 (42 Congress identifying climate science-related ini- (F) immersion blankets for heat management U.S.C. 16318)— and fuel breeding; tiatives under this section that overlap or dupli- (1) the Director, in coordination with the As- cate initiatives of other Federal agencies and (G) advanced scientific computing activities; sistant Secretary for Nuclear Energy of the De- and the extent of such overlap or duplication. partment, shall carry out research and develop- (d) LIMITATION.—The Director shall not ap- (H) other promising fusion energy concepts ment activities to identify, characterize, and prove new climate science-related initiatives to identified by the Director. demonstrate materials that can endure the neu- be carried out through the Office of Science (2) COORDINATION WITH ARPA–E.—The Under tron, plasma, and heat fluxes expected in a fu- without making a determination that such work Secretary and the Director shall coordinate with sion power system; and is unique and not duplicative of work by other the Director of the Advanced Research Projects Federal agencies. Not later than 3 months after (2) the Secretary shall— Agency–Energy (in this paragraph referred to as receiving the assessment required under sub- (A) provide an assessment of the need for a fa- ‘‘ARPA–E’’) to— section (c), the Director shall cease those climate cility or facilities that can examine and test po- (A) assess the potential for any fusion energy science-related initiatives identified in the as- tential fusion and next generation fission mate- project supported by ARPA–E to represent a sessment as overlapping or duplicative, unless rials and other enabling technologies relevant to promising approach to a commercially viable fu- the Director justifies that such work is critical the development of fusion power; and sion power plant; to achieving American energy security. (B) provide an assessment of whether a single (B) determine whether the results of any fu- (e) LOW DOSE RADIATION RESEARCH PRO- new facility that substantially addresses mag- sion energy project supported by ARPA–E merit GRAM.— netic fusion and next generation fission mate- the support of follow-on research activities car- (1) IN GENERAL.—The Director of the Depart- rials research needs is feasible, in conjunction ried out by the Office of Science; and ment of Energy Office of Science shall carry out with the expected capabilities of facilities oper- (C) avoid unintentional duplication of activi- a research program on low dose radiation. The ational as of the date of enactment of this Act. ties. purpose of the program is to enhance the sci- (c) TOKAMAK RESEARCH AND DEVELOPMENT.— (f) GENERAL PLASMA SCIENCE AND APPLICA- entific understanding of and reduce uncertain- (1) IN GENERAL.—As part of the program de- TIONS.—Not later than 2 years after the date of ties associated with the effects of exposure to scribed in subsection (a), the Director shall sup- enactment of this Act, the Secretary shall pro- low dose radiation in order to inform improved port research and development activities and fa- vide to Congress an assessment of opportunities risk management methods. cility operations to optimize the tokamak ap- in which the United States can provide world- (2) STUDY.—Not later than 60 days after the proach to fusion energy. leading contributions to advancing plasma date of enactment of this Act, the Director shall (2) ITER.— science and non-fusion energy applications, and enter into an agreement with the National (A) REPORT.—Not later than 1 year after the identify opportunities for partnering with other Academies to conduct a study assessing the cur- date of enactment of this Act, the Secretary Federal agencies both within and outside of the rent status and development of a long-term shall submit to Congress a report providing an Department of Energy. strategy for low dose radiation research. Such assessment of— (g) IDENTIFICATION OF PRIORITIES.— study shall be completed not later than 18 (i) the most recent schedule for ITER that has (1) REPORT.—Not later than 2 years after the months after the date of enactment of this Act. been approved by the ITER Council; and date of enactment of this Act, the Secretary The study shall be conducted in coordination (ii) progress of the ITER Council and the shall transmit to Congress a report on the De- with Federal agencies that perform ionizing ra- ITER Director General toward implementation partment’s proposed fusion energy research and diation effects research and shall leverage the of the recommendations of the Third Biennial development activities over the following 10 most current studies in this field. Such study International Organization Management Assess- years under at least 3 realistic budget scenarios, shall— ment Report. including a scenario based on 3 percent annual

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3190 CONGRESSIONAL RECORD — HOUSE May 25, 2016 growth in the non-ITER portion of the budget Committee on Energy and Natural Resources of (7) critical challenges identified through com- for fusion energy research and development ac- the Senate a report on the current ability of do- prehensive energy studies, evaluations, and re- tivities. The report shall— mestic manufacturers to meet the procurement views. (A) identify specific areas of fusion energy re- requirements for major ongoing projects funded (b) CROSSCUTTING APPROACHES.—To the max- search and enabling technology development in by the Office of Science of the Department, in- imum extent practicable, the Secretary shall which the United States can and should estab- cluding a calculation of the percentage of equip- seek to leverage existing programs, and consoli- lish or solidify a lead in the global fusion energy ment acquired from domestic manufacturers for date and coordinate activities, throughout the development effort; this purpose. Department to promote collaboration and cross- (B) identify priorities for initiation of facility SEC. 510. AUTHORIZATION OF APPROPRIATIONS. cutting approaches within programs. (c) ADDITIONAL ACTIONS.—The Secretary construction and facility decommissioning under (a) FISCAL YEAR 2016.—There are authorized each of those scenarios; and to be appropriated to the Secretary for the Of- shall— (1) prioritize activities that promote the utili- (C) assess the ability of the United States fu- fice of Science for fiscal year 2016 $5,339,800,000, zation of all affordable domestic resources; sion workforce to carry out the activities identi- of which— fied in subparagraphs (A) and (B), including (2) develop a rigorous and realistic planning, (1) $1,850,000,000 shall be for Basic Energy evaluation, and technical assessment framework the adequacy of college and university programs Science; to train the leaders and workers of the next gen- for setting objective, long-term strategic goals (2) $788,000,000 shall be for High Energy Phys- and evaluating progress that ensures the integ- eration of fusion energy researchers. ics; (2) PROCESS.—In order to develop the report rity and independence to insulate planning from (3) $550,000,000 shall be for Biological and En- political influence and the flexibility to adapt to required under paragraph (1), the Secretary vironmental Research; shall leverage best practices and lessons learned market dynamics; (4) $624,700,000 shall be for Nuclear Physics; (3) ensure that activities shall be undertaken from the process used to develop the most recent (5) $621,000,000 shall be for Advanced Sci- report of the Particle Physics Project in a manner that does not duplicate other ac- entific Computing Research; tivities within the Department or other Federal Prioritization Panel of the High Energy Physics (6) $488,000,000 shall be for Fusion Energy Advisory Panel. No member of the Fusion En- Government activities; and Sciences; (4) identify programs that may be more effec- ergy Sciences Advisory Committee shall be ex- (7) $113,600,000 shall be for Science Labora- cluded from participating in developing or vot- tively left to the States, industry, nongovern- tories Infrastructure; mental organizations, institutions of higher edu- ing on final approval of the report required (8) $181,000,000 shall be for Science Program under paragraph (1). cation, or other stakeholders. Direction; SEC. 602. STRATEGIC RESEARCH PORTFOLIO SEC. 507. NUCLEAR PHYSICS. (9) $103,000,000 shall be for Safeguards and ANALYSIS AND COORDINATION (a) PROGRAM.—The Director shall carry out a Security; and PLAN. program of experimental and theoretical re- (10) $20,500,000 shall be for Workforce Devel- Section 994 of Energy Policy Act of 2005 (42 search, and support associated facilities, to dis- opment for Teachers and Scientists. U.S.C. 16358) is amended to read as follows: cover, explore, and understand all forms of nu- (b) FISCAL YEAR 2017.—There are authorized ‘‘SEC. 994. STRATEGIC RESEARCH PORTFOLIO clear matter. to be appropriated to the Secretary for the Of- ANALYSIS AND COORDINATION (b) ISOTOPE DEVELOPMENT AND PRODUCTION fice of Science for fiscal year 2017 $5,339,800,000, PLAN. FOR RESEARCH APPLICATIONS.—The Director of which— ‘‘(a) IN GENERAL.—The Secretary shall peri- shall carry out a program for the production of (1) $1,850,000,000 shall be for Basic Energy odically review all of the science and technology isotopes, including the development of tech- Science; activities of the Department in a strategic niques to produce isotopes, that the Secretary (2) $788,000,000 shall be for High Energy Phys- framework that takes into account the frontiers determines are needed for research, medical, in- ics; of science to which the Department can con- dustrial, or other purposes. In making this de- (3) $550,000,000 shall be for Biological and En- tribute, the national needs relevant to the De- termination, the Secretary shall— vironmental Research; partment’s statutory missions, and global energy (1) ensure that, as has been the policy of the (4) $624,700,000 shall be for Nuclear Physics; dynamics. United States since the publication in 1965 of (5) $621,000,000 shall be for Advanced Sci- ‘‘(b) COORDINATION ANALYSIS AND PLAN.—As Federal Register notice 30 Fed. Reg. 3247, iso- entific Computing Research; part of the review under subsection (a), the Sec- tope production activities do not compete with (6) $488,000,000 shall be for Fusion Energy retary shall develop a plan to improve coordina- private industry unless critical national inter- Sciences; tion and collaboration in research, development, ests necessitate the Federal Government’s in- (7) $113,600,000 shall be for Science Labora- demonstration, and commercial application ac- volvement; tories Infrastructure; tivities across Department organizational (2) ensure that activities undertaken pursuant (8) $181,000,000 shall be for Science Program boundaries. to this section, to the extent practicable, pro- Direction; ‘‘(c) PLAN CONTENTS.—The plan shall de- mote the growth of a robust domestic isotope (9) $103,000,000 shall be for Safeguards and scribe— production industry; and Security; and ‘‘(1) crosscutting scientific and technical (3) consider any relevant recommendations (10) $20,500,000 shall be for Workforce Devel- issues and research questions that span more made by Federal advisory committees, the Na- opment for Teachers and Scientists. than one program or major office of the Depart- tional Academies, and interagency working ment; SEC. 511. DEFINITIONS. groups in which the Department participates. ‘‘(2) how the applied technology programs of In this title— the Department are coordinating their activities, SEC. 508. SCIENCE LABORATORIES INFRASTRUC- (1) the term ‘‘Department’’ means the Depart- TURE PROGRAM. and addressing those questions; ment of Energy; ‘‘(3) ways in which the technical interchange (a) PROGRAM.—The Director shall carry out a (2) the term ‘‘Director’’ means the Director of within the Department, particularly between program to improve the safety, efficiency, and the Office of Science of the Department; and mission readiness of infrastructure at Office of the Office of Science and the applied technology (3) the term ‘‘Secretary’’ means the Secretary programs, can be enhanced, including limited Science laboratories. The program shall include of Energy. projects to— ways in which the research agendas of the Of- (1) renovate or replace space that does not TITLE VI—DEPARTMENT OF ENERGY fice of Science and the applied programs can meet research needs; APPLIED RESEARCH AND DEVELOPMENT better interact and assist each other; ‘‘(4) a description of how the Secretary will (2) replace facilities that are no longer cost ef- Subtitle A—Crosscutting Research and ensure that the Department’s overall research fective to renovate or operate; Development agenda include, in addition to fundamental, cu- (3) modernize utility systems to prevent fail- SEC. 601. CROSSCUTTING RESEARCH AND DEVEL- riosity-driven research, fundamental research ures and ensure efficiency; OPMENT. related to topics of concern to the applied pro- (4) remove excess facilities to allow safe and (a) CROSSCUTTING RESEARCH AND DEVELOP- grams, and applications in Departmental tech- efficient operations; and MENT.—The Secretary shall, through the Under nology programs of research results generated (5) construct modern facilities to conduct ad- Secretary for Science and Energy, utilize the ca- vanced research in controlled environmental by fundamental, curiosity-driven research; pabilities of the Department to identify strategic ‘‘(5) critical assessments of any ongoing pro- conditions. opportunities for collaborative research, devel- grams that have experienced sub-par perform- (b) APPROACH.—In carrying out this section, opment, demonstration, and commercial applica- ance or cost over-runs of 10 percent or more over the Director shall utilize all available ap- tion of innovative science and technologies for— 1 or more years; proaches and mechanisms, including capital line (1) advancing the understanding of the en- ‘‘(6) activities that may be more effectively left items, minor construction projects, energy sav- ergy-water-land use nexus; to the States, industry, nongovernmental orga- ings performance contracts, utility energy serv- (2) modernizing the electric grid by improving nizations, institutions of higher education, or ice contracts, alternative financing, and expense energy transmission and distribution systems se- other stakeholders; and funding, as appropriate. curity and resiliency; ‘‘(7) detailed proposals for innovation hubs, SEC. 509. DOMESTIC MANUFACTURING. (3) utilizing supercritical carbon dioxide in institutes, and research centers prior to estab- Not later than 1 year after the date of enact- electric power generation; lishment or renewal by the Department, includ- ment of this Act, the Secretary shall transmit to (4) subsurface technology and engineering; ing— the Committee on Science, Space, and Tech- (5) high performance computing; ‘‘(A) certification that all hubs, institutes, nology of the House of Representatives and the (6) cybersecurity; and and research centers will advance the mission of

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If the consortium members will not be lo- components, and related technologies that result ‘‘(B) certification that the establishment or re- cated at one centralized location, such applica- in significant energy savings; newal of hubs, institutes, or research centers tion shall include a communications plan that (v) that generates, transmits, distributes, uti- will not diminish funds available for basic re- ensures close coordination and integration of lizes, or stores energy more efficiently than con- search and development within the Office of the Hub’s activities. ventional technologies, including through Smart Science; and (c) SELECTION AND SCHEDULE.—The Secretary Grid technologies; or ‘‘(C) certification that all hubs, institutes, and shall select consortia for awards for the estab- (vi) that enhances the energy independence research centers established or renewed within lishment and operation of Hubs through com- and security of the United States by enabling the Office of Science are consistent with the mis- petitive selection processes. In selecting con- improved or expanded supply and production of sion of the Office of Science as described in sec- sortia, the Secretary shall consider the informa- domestic energy resources, including coal, oil, tion 209(c) of the Department of Energy Organi- tion a consortium must disclose according to and natural gas; zation Act (42 U.S.C. 7139(c)). subsection (b), as well as any existing facilities (B) research, development, and demonstration ‘‘(d) PLAN TRANSMITTAL.—Not later than 1 a consortium will provide for Hub activities. activities necessary to ensure the long-term, se- year after the date of enactment of the America Awards made to a Hub shall be for a period not cure, and sustainable supply of energy critical COMPETES Reauthorization Act of 2015, and to exceed 5 years, subject to the availability of elements; or every 4 years thereafter, the Secretary shall appropriations, after which the award may be (C) another innovative energy technology transmit to the Committee on Science, Space, renewed, subject to a rigorous merit review. A area identified by the Secretary. (2) HUB.—The term ‘‘Hub’’ means an Energy and Technology of the House of Representatives Hub already in existence on the date of enact- Innovation Hub established or operating in ac- and the Committee on Energy and Natural Re- ment of this Act may continue to receive support cordance with this section, including any En- sources of the Senate the results of the review for a period of 5 years, subject to the avail- ergy Innovation Hub existing as of the date of under subsection (a) and the coordination plan ability of appropriations, beginning on the date enactment of this Act. under subsection (b).’’. of establishment of that Hub. (3) QUALIFYING ENTITY.—The term ‘‘qualifying (d) HUB OPERATIONS.— SEC. 603. STRATEGY FOR FACILITIES AND INFRA- entity’’ means— STRUCTURE. (1) IN GENERAL.—Each Hub shall conduct or (A) an institution of higher education; (a) AMENDMENTS.—Section 993 of the Energy provide for multidisciplinary, collaborative re- (B) an appropriate State or Federal entity, in- Policy Act of 2005 (42 U.S.C. 16357) is amended— search, development, and demonstration of ad- cluding the Department of Energy Federally (1) by amending the section heading to read vanced energy technologies within the tech- Funded Research and Development Centers; as follows: ‘‘STRATEGY FOR FACILITIES nology development focus designated under sub- (C) a nongovernmental organization with ex- AND INFRASTRUCTURE’’; and section (a)(2). Each Hub shall— pertise in advanced energy technology research, (2) in subsection (b)(1), by striking ‘‘2008’’ and (A) encourage collaboration and communica- development, demonstration, or commercial ap- inserting ‘‘2018’’. tion among the member qualifying entities of the plication; or (b) TABLE OF CONTENTS AMENDMENT.—The consortium and awardees by conducting activi- (D) any other relevant entity the Secretary item relating to section 993 in the table of con- ties whenever practicable at one centralized lo- considers appropriate. tents of the Energy Policy Act of 2005 is amend- cation; Subtitle B—Electricity Delivery and Energy ed to read as follows: (B) develop and publish on the Department of Reliability Research and Development ‘‘Sec. 993. Strategy for facilities and infrastruc- Energy’s website proposed plans and programs; (C) submit an annual report to the Secretary SEC. 611. DISTRIBUTED ENERGY AND ELECTRIC ture.’’. ENERGY SYSTEMS. summarizing the Hub’s activities, including de- Section 921 of the Energy Policy Act of 2005 SEC. 604. ENERGY INNOVATION HUBS. tailing organizational expenditures, and de- (42 U.S.C. 16211) is amended to read as follows: (a) AUTHORIZATION OF PROGRAM.— scribing each project undertaken by the Hub; (1) IN GENERAL.—The Secretary of Energy and ‘‘SEC. 921. DISTRIBUTED ENERGY AND ELECTRIC ENERGY SYSTEMS. shall carry out a program to enhance the Na- (D) monitor project implementation and co- ‘‘(a) IN GENERAL.—The Secretary shall carry tion’s economic, environmental, and energy se- ordination. out programs of research, development, dem- curity by making awards to consortia for estab- (2) CONFLICTS OF INTEREST.— onstration, and commercial application on dis- lishing and operating Energy Innovation Hubs (A) PROCEDURES.—Hubs shall maintain contributed energy resources and systems reliability to conduct and support, whenever practicable at flict of interest procedures, consistent with those and efficiency, to improve the reliability and ef- one centralized location, multidisciplinary, col- of the Department of Energy, to ensure that em- ficiency of distributed energy resources and sys- laborative research, development, and dem- ployees and consortia designees for Hub activi- tems, integrating advanced energy technologies onstration of advanced energy technologies. ties who are in decisionmaking capacities dis- with grid connectivity, including activities de- (2) TECHNOLOGY DEVELOPMENT FOCUS.—The close all material conflicts of interest, and avoid scribed in this subtitle. The programs shall ad- Secretary shall designate for each Hub a unique such conflicts. dress advanced energy technologies and systems advanced energy technology focus. (B) DISQUALIFICATION AND REVOCATION.—The (3) COORDINATION.—The Secretary shall en- Secretary may disqualify an application or re- and advanced grid security, resiliency, and reli- sure the coordination of, and avoid unnecessary voke funds distributed to a Hub if the Secretary ability technologies. ‘‘(b) OBJECTIVES.—To the maximum extent duplication of, the activities of Hubs with those discovers a failure to comply with conflict of in- of other Department of Energy research entities, practicable, the Secretary shall seek to— terest procedures established under subpara- ‘‘(1) leverage existing programs; including the National Laboratories, the Ad- graph (A). vanced Research Projects Agency-Energy, En- ‘‘(2) consolidate and coordinate activities (3) PROHIBITION ON CONSTRUCTION.— throughout the Department to promote collabo- ergy Frontier Research Centers, and within in- (A) IN GENERAL.—No funds provided pursuant dustry. ration and crosscutting approaches; to this section may be used for construction of ‘‘(3) ensure activities are undertaken in a (b) CONSORTIA.— new buildings or facilities for Hubs. Construc- manner that does not duplicate other activities (1) ELIGIBILITY.—To be eligible to receive an tion of new buildings or facilities shall not be within the Department or other Federal Govern- award under this section for the establishment considered as part of the non-Federal share of a ment activities; and and operation of a Hub, a consortium shall— Hub cost-sharing agreement. ‘‘(4) identify programs that may be more effec- (A) be composed of no fewer than two quali- (B) TEST BED AND RENOVATION EXCEPTION.— tively left to the States, industry, nongovern- fying entities; and Nothing in this subsection shall prohibit the use mental organizations, institutions of higher edu- (B) operate subject to an agreement entered of funds provided pursuant to this section, or cation, or other stakeholders.’’. into by its members that documents— non-Federal cost share funds, for research or for (i) the proposed partnership agreement, in- SEC. 612. ELECTRIC TRANSMISSION AND DIS- the construction of a test bed or renovations to TRIBUTION RESEARCH AND DEVEL- cluding the governance and management struc- existing buildings or facilities for the purposes OPMENT. ture of the Hub; of research if the Secretary determines that the (a) AMENDMENTS.—Section 925 of the Energy (ii) measures to enable cost-effective imple- test bed or renovations are limited to a scope Policy Act of 2005 (42 U.S.C. 16215) is amended— mentation of the program under this section; and scale necessary for the research to be con- (1) by amending the section heading to read (iii) a proposed budget, including financial ducted. as follows: ‘‘ELECTRIC TRANSMISSION AND contributions from non-Federal sources; (e) TERMINATION.—Consistent with the exist- DISTRIBUTION RESEARCH AND DEVELOP- (iv) a plan for managing intellectual property ing authorities of the Department, the Secretary MENT’’; rights; and may terminate an underperforming Hub for (2) by amending subsection (a) to read as fol- (v) an accounting structure that enables the cause during the performance period. lows: Secretary to ensure that the consortium has (f) DEFINITIONS.—For purposes of this section: ‘‘(a) PROGRAM.—The Secretary shall establish complied with the requirements of this section. (1) ADVANCED ENERGY TECHNOLOGY.—The a comprehensive research, development, and (2) APPLICATION.—A consortium seeking to es- term ‘‘advanced energy technology’’ means— demonstration program to ensure the reliability, tablish and operate a Hub under this section, (A) an innovative technology— efficiency, and environmental integrity of elec- acting through a prime applicant, shall transmit (i) that produces energy from solar, wind, geo- trical transmission and distribution systems, to the Secretary an application at such time, in thermal, biomass, tidal, wave, ocean, or other which shall include innovations for— such form, and accompanied by such informa- renewable energy resources; ‘‘(1) advanced energy delivery technologies, tion as the Secretary shall require, including a (ii) that produces nuclear energy; energy storage technologies, materials, and sys- detailed description of the elements of the con- (iii) for carbon capture and sequestration; tems;

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SMALL MODULAR REACTOR PROGRAM. technology development; and multidisciplinary teams of researchers to Section 952 of the Energy Policy Act of 2005 ‘‘(3) technologies contributing to significant pioneer new approaches in nuclear energy, (42 U.S.C. 16272) is further amended by adding load reductions; science, and technology. at the end the following new subsection: ‘‘(4) advanced metering, load management, ‘‘(8) Developing, planning, constructing, ac- ‘‘(d) SMALL MODULAR REACTOR PROGRAM.— and control technologies; quiring, and operating special equipment and ‘‘(1) IN GENERAL.—The Secretary shall carry ‘‘(5) technologies to enhance existing grid facilities for the use of researchers. out a small modular reactor program to promote components; ‘‘(9) Supporting technology transfer and other research, development, demonstration, and com- ‘‘(6) the development and use of high-tempera- appropriate activities to assist the nuclear en- mercial application of small modular reactors, ture superconductors to— ergy industry, and other users of nuclear including through cost-shared projects for com- ‘‘(A) enhance the reliability, operational flexi- science and engineering, including activities ad- mercial application of reactor systems designs. ‘‘(2) CONSULTATION.—The Secretary shall con- bility, or power-carrying capability of electric dressing reliability, availability, productivity, sult with and utilize the expertise of the Sec- transmission or distribution systems; or component aging, safety, and security of nu- retary of the Navy in establishing and carrying ‘‘(B) increase the efficiency of electric energy clear power plants. out such program. generation, transmission, distribution, or stor- ‘‘(10) Reducing the environmental impact of ‘‘(3) ADDITIONAL ACTIVITIES.—Activities may age systems; nuclear energy-related activities. also include development of advanced computer ‘‘(7) integration of power systems, including ‘‘(11) Researching and developing technologies modeling and simulation tools, by Federal and systems to deliver high-quality electric power, and processes to meet Federal and State require- non-Federal entities, which demonstrate and electric power reliability, and combined heat ments and standards for nuclear power sys- validate new design capabilities of innovative and power; tems.’’; small modular reactor designs. ‘‘(8) supply of electricity to the power grid by (2) by striking subsections (b) through (d); ‘‘(4) DEFINITION.—For the purposes of this small scale, distributed, and residential-based and subsection, the term ‘small modular reactor’ power generators; (3) by redesignating subsection (e) as sub- means a nuclear reactor meeting generally ac- ‘‘(9) the development and use of advanced section (b). cepted industry standards— grid design, operation, and planning tools; SEC. 622. PROGRAM OBJECTIVES STUDY. ‘‘(A) with a rated capacity of less than 300 ‘‘(10) technologies to enhance security for Section 951 of the Energy Policy Act of 2005 electrical megawatts; electrical transmission and distributions sys- (42 U.S.C. 16271) is further amended by adding ‘‘(B) with respect to which most parts can be tems; and at the end the following new subsection: factory assembled and shipped as modules to a ‘‘(11) any other infrastructure technologies, as ‘‘(c) PROGRAM OBJECTIVES STUDY.—In fur- reactor plant site for assembly; and appropriate.’’; and therance of the program objectives listed in sub- ‘‘(C) that can be constructed and operated in (3) by amending subsection (c) to read as fol- section (a) of this section, the Government Ac- combination with similar reactors at a single lows: countability Office shall, within 1 year after the site.’’. ‘‘(c) IMPLEMENTATION.— date of enactment of this subsection, transmit to SEC. 625. FUEL CYCLE RESEARCH AND DEVELOP- ‘‘(1) CONSORTIUM.—The Secretary shall con- the Congress a report on the results of a study MENT. sider implementing the program under this sec- on the scientific and technical merit of major (a) AMENDMENTS.—Section 953 of the Energy tion using a consortium of participants from in- Federal and State requirements and standards, Policy Act of 2005 (42 U.S.C. 16273) is amended— dustry, institutions of higher education, and (1) in the section heading by striking ‘‘AD- including moratoria, that delay or impede the National Laboratories. VANCED FUEL CYCLE INITIATIVE’’ and in- further development and commercialization of ‘‘(2) OBJECTIVES.—To the maximum extent serting ‘‘FUEL CYCLE RESEARCH AND DE- nuclear power, and how the Department can as- practicable the Secretary shall seek to— VELOPMENT’’; sist in overcoming such delays or impediments.’’. ‘‘(A) leverage existing programs; (2) by striking subsection (a); ‘‘(B) consolidate and coordinate activities, SEC. 623. NUCLEAR ENERGY RESEARCH AND DE- (3) by redesignating subsections (b) through throughout the Department to promote collabo- VELOPMENT PROGRAMS. (d) as subsections (d) through (f), respectively; ration and crosscutting approaches; Section 952 of the Energy Policy Act of 2005 and ‘‘(C) ensure activities are undertaken in a (42 U.S.C. 16272) is amended by striking sub- (4) by inserting before subsection (d), as so re- manner that does not duplicate other activities sections (c) through (e) and inserting the fol- designated by paragraph (3) of this subsection, within the Department or other Federal Govern- lowing: the following new subsections: ment activities; and ‘‘(c) REACTOR CONCEPTS.— ‘‘(a) IN GENERAL.—The Secretary shall con- ‘‘(D) identify programs that may be more ef- ‘‘(1) IN GENERAL.—The Secretary shall carry duct a fuel cycle research, development, demonstration, and commercial application program fectively left to the States, industry, nongovern- out a program of research, development, dem- (referred to in this section as the ‘program’) on mental organizations, institutions of higher edu- onstration, and commercial application to ad- fuel cycle options that improve uranium re- cation, or other stakeholders.’’. vance nuclear power systems as well as tech- source utilization, maximize energy generation, (b) TABLE OF CONTENTS AMENDMENT.—The nologies to sustain currently deployed systems. minimize nuclear waste creation, improve safe- item relating to section 925 in the table of con- ‘‘(2) DESIGNS AND TECHNOLOGIES.—In con- ty, mitigate risk of proliferation, and improve tents of the Energy Policy Act of 2005 is amend- ducting the program under this subsection, the waste management in support of a national ed to read as follows: Secretary shall examine advanced reactor designs and nuclear technologies, including those strategy for spent nuclear fuel and the reactor ‘‘Sec. 925. Electric transmission and distribu- that— concepts research, development, demonstration, tion research and development.’’. ‘‘(A) have higher efficiency, lower cost, and and commercial application program under sec- Subtitle C—Nuclear Energy Research and improved safety compared to reactors in oper- tion 952(c). Development ation as of the date of enactment of the America ‘‘(b) FUEL CYCLE OPTIONS.—Under this section the Secretary may consider implementing SEC. 621. OBJECTIVES. COMPETES Reauthorization Act of 2015; the following initiatives: Section 951 of the Energy Policy Act of 2005 ‘‘(B) utilize passive safety features; ‘‘(1) OPEN CYCLE.—Developing fuels, includ- ‘‘(C) minimize proliferation risks; (42 U.S.C. 16271) is amended— ing the use of nonuranium materials and alter- ‘‘(D) substantially reduce production of high- (1) by amending subsection (a) to read as fol- nate claddings, for use in reactors that increase level waste per unit of output; lows: energy generation, improve safety performance ‘‘(E) increase the life and sustainability of re- ‘‘(a) IN GENERAL.—The Secretary shall con- and margins, and minimize the amount of nu- duct programs of civilian nuclear energy reactor systems currently deployed; clear waste produced in an open fuel cycle. search, development, demonstration, and com- ‘‘(F) use improved instrumentation; ‘‘(2) RECYCLE.—Developing advanced recy- mercial application, including activities de- ‘‘(G) are capable of producing large-scale cling technologies, including advanced reactor scribed in this subtitle. Such programs shall quantities of hydrogen or process heat; concepts to improve resource utilization, reduce take into consideration the following objectives: ‘‘(H) minimize water usage or use alternatives proliferation risks, and minimize radiotoxicity, ‘‘(1) Enhancing nuclear power’s viability as to water as a cooling mechanism; or decay heat, and mass and volume of nuclear part of the United States energy portfolio. ‘‘(I) use nuclear energy as part of an inte- waste to the greatest extent possible. ‘‘(2) Reducing used nuclear fuel and nuclear grated energy system. ‘‘(3) ADVANCED STORAGE METHODS.—Devel- waste products generated by civilian nuclear en- ‘‘(3) INTERNATIONAL COOPERATION.—In car- oping advanced storage technologies for both ergy. rying out the program under this subsection, the onsite and long-term storage that substantially ‘‘(3) Supporting technological advances in Secretary shall seek opportunities to enhance prolong the effective life of current storage de- areas that industry by itself is not likely to un- the progress of the program through inter- vices or that substantially improve upon existing dertake because of technical and financial un- national cooperation through such organiza- nuclear waste storage technologies and methods, certainty. tions as the Generation IV International Forum including repositories. ‘‘(4) Providing the technical means to reduce or any other international collaboration the ‘‘(4) FAST TEST REACTOR.—Investigating the the likelihood of nuclear proliferation. Secretary considers appropriate. potential research benefits of a fast test reactor ‘‘(5) Maintaining a cadre of nuclear scientists ‘‘(4) EXCEPTIONS.—No funds authorized to be user facility to conduct experiments on fuels and engineers. appropriated to carry out the activities de- and materials related to fuel forms and fuel cy- ‘‘(6) Maintaining National Laboratory and scribed in this subsection shall be used to fund cles that will increase fuel utilization, reduce university nuclear programs, including their in- the activities authorized under sections 641 proliferation risks, and reduce nuclear waste frastructure. through 645.’’. products.

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‘‘(5) ADVANCED REACTOR INNOVATION.—Devel- ‘‘(c) REPORT.—The Secretary shall submit, as ‘‘SEC. 911. ENERGY EFFICIENCY. oping an advanced reactor innovation testbed part of the annual budget submission of the De- ‘‘(a) OBJECTIVES.—The Secretary shall con- where national laboratories, universities, and partment, a report on the activities of the product programs of energy efficiency research, de- industry can address advanced reactor design gram conducted under this section, which shall velopment, demonstration, and commercial ap- challenges to enable construction and operation include a brief evaluation of each activity’s plication, including activities described in this of privately funded reactor prototypes to resolve progress.’’. subtitle. Such programs shall prioritize activities technical uncertainty for United States-based (b) CONFORMING AMENDMENT.—The table of that industry by itself is not likely to undertake designs for future domestic and international contents of the Energy Policy Act of 2005 is because of technical challenges or regulatory markets. amended by adding at the end of the items for uncertainty, and take into consideration the fol- ‘‘(6) OTHER TECHNOLOGIES.—Developing any subtitle E of title IX the following new item: lowing objectives: other technology or initiative that the Secretary ‘‘(1) Increasing energy efficiency. ‘‘Sec. 958. Nuclear energy enabling tech- ‘‘(2) Reducing the cost of energy. determines is likely to advance the objectives of nologies.’’. the program. ‘‘(3) Reducing the environmental impact of SEC. 627. TECHNICAL STANDARDS COLLABORA- energy-related activities. ‘‘(c) ADDITIONAL ADVANCED RECYCLING AND TION. ‘‘(b) PROGRAMS.—Programs under this subtitle CROSSCUTTING ACTIVITIES.—In addition to and (a) IN GENERAL.—The Director of the National shall include research, development, demonstra- in support of the specific initiatives described in Institute of Standards and Technology shall es- tion, and commercial application of— paragraphs (1) through (5) of subsection (b), the tablish a nuclear energy standards committee ‘‘(1) innovative, affordable technologies to im- Secretary may support the following activities: (in this section referred to as the ‘‘technical prove the energy efficiency and environmental ‘‘(1) Development and testing of integrated performance of vehicles, including weight and process flow sheets for advanced nuclear fuel re- standards committee’’) to facilitate and support, consistent with the National Technology Trans- drag reduction technologies, technologies, mod- cycling processes. eling, and simulation for increasing vehicle ‘‘(2) Research to characterize the byproducts fer and Advancement Act of 1995, the develop- connectivity and automation, and whole-vehicle and waste streams resulting from fuel recycling ment or revision of technical standards for new and existing nuclear power plants and ad- design optimization; processes. ‘‘(2) cost-effective technologies, for new con- ‘‘(3) Research and development on reactor vanced nuclear technologies. (b) MEMBERSHIP.— struction and retrofit, to improve the energy ef- concepts or transmutation technologies that im- ficiency and environmental performance of prove resource utilization or reduce the (1) IN GENERAL.—The technical standards committee shall include representatives from ap- buildings, using a whole-buildings approach; radiotoxicity of waste streams. ‘‘(3) advanced technologies to improve the en- ‘‘(4) Research and development on waste propriate Federal agencies and the private sector, and be open to materially affected organiza- ergy efficiency, environmental performance, and treatment processes and separations tech- process efficiency of energy-intensive and tions involved in the development or application nologies, advanced waste forms, and quantifica- waste-intensive industries; of nuclear energy-related standards. tion of proliferation risks. ‘‘(4) technologies to improve the energy effi- ‘‘(5) Identification and evaluation of test and (2) CO-CHAIRS.—The technical standards com- ciency of appliances and mechanical systems for experimental facilities necessary to successfully mittee shall be co-chaired by a representative buildings in extreme climates, including cogen- implement the advanced fuel cycle initiative. from the National Institute of Standards and eration, trigeneration, and polygeneration ‘‘(6) Advancement of fuel cycle-related mod- Technology and a representative from a private units; eling and simulation capabilities. sector standards organization. ‘‘(5) advanced battery technologies; and ‘‘(7) Research to understand the behavior of (c) DUTIES.—The technical standards com- ‘‘(6) fuel cell and hydrogen technologies.’’. high-burnup fuels.’’. mittee shall, in cooperation with appropriate SEC. 642. NEXT GENERATION LIGHTING INITIA- (b) CONFORMING AMENDMENT.—The item re- Federal agencies— TIVE. lating to section 953 in the table of contents of (1) perform a needs assessment to identify and Section 912 of the Energy Policy Act of 2005 the Energy Policy Act of 2005 is amended to read evaluate the technical standards that are need- (42 U.S.C. 16192) and the item relating thereto in as follows: ed to support nuclear energy, including those the table of contents of that Act are repealed. ‘‘Sec. 953. Fuel cycle research and develop- needed to support new and existing nuclear SEC. 643. BUILDING STANDARDS. ment.’’. power plants and advanced nuclear tech- Section 914 of the Energy Policy Act of 2005 SEC. 626. NUCLEAR ENERGY ENABLING TECH- nologies, including developing the technical (42 U.S.C. 16194) is amended by striking sub- NOLOGIES PROGRAM. basis for regulatory frameworks for advanced section (c). (a) AMENDMENT.—Subtitle E of title IX of the reactors; SEC. 644. SECONDARY ELECTRIC VEHICLE BAT- Energy Policy Act of 2005 (42 U.S.C. 16271 et (2) formulate, coordinate, and recommend pri- TERY USE PROGRAM. seq.) is amended by adding at the end the fol- orities for the development of new technical Section 915 of the Energy Policy Act of 2005 lowing new section: standards and the revision of existing technical (42 U.S.C. 16195) and the item relating thereto in ‘‘SEC. 958. NUCLEAR ENERGY ENABLING TECH- standards to address the needs identified under the table of contents of that Act are repealed. NOLOGIES. paragraph (1); SEC. 645. NETWORK FOR MANUFACTURING INNO- ‘‘(a) IN GENERAL.—The Secretary shall con- (3) facilitate and support collaboration and VATION PROGRAM. duct a program to support the integration of ac- cooperation among standards developers to ad- To the extent provided for in advance by ap- tivities undertaken through the reactor concepts dress the needs and priorities identified under propriations Acts, the Secretary may transfer to research, development, demonstration, and com- paragraphs (1) and (2); the National Institute of Standards and Tech- mercial application program under section 952(c) (4) as appropriate, coordinate with other na- nology up to $150,000,000 for the period encom- and the fuel cycle research and development tional, regional, or international efforts on nu- passing fiscal years 2015 through 2017 from program under section 953, and support cross- clear energy-related technical standards in amounts appropriated for advanced manufac- cutting nuclear energy concepts. Activities com- order to avoid conflict and duplication and to turing research and development under this sub- menced under this section shall be concentrated ensure global compatibility; and title (and the amendments made by this subtitle) on broadly applicable research and development (5) promote the establishment and mainte- for the Secretary of Commerce to carry out the focus areas. nance of a database of nuclear energy-related Network for Manufacturing Innovation Pro- ‘‘(b) ACTIVITIES.—Activities conducted under technical standards. gram authorized under section 34 of the Na- this section may include research involving— (d) AUTHORIZATION OF APPROPRIATIONS.—To tional Institute of Standards and Technology ‘‘(1) advanced reactor materials; the extent provided for in advance by appro- Act (15 U.S.C. 278s). ‘‘(2) advanced radiation mitigation methods; priations Acts, the Secretary may transfer to the SEC. 646. ADVANCED ENERGY TECHNOLOGY ‘‘(3) advanced proliferation and security risk Director of the National Institute of Standards TRANSFER CENTERS. assessment methods; and Technology not to exceed $1,000,000 for fis- Section 917 of the Energy Policy Act of 2005 ‘‘(4) advanced sensors and instrumentation; cal year 2016 for the Secretary of Commerce to (42 U.S.C. 16197) is amended— ‘‘(5) high performance computation modeling, carry out this section from amounts appro- (1) in subsection (a)— including multiphysics, multidimensional mod- priated for nuclear energy research and devel- (A) by inserting ‘‘and’’ at the end of para- eling simulation for nuclear energy systems, and opment within the Nuclear Energy Enabling graph (2)(B); continued development of advanced modeling Technologies account for the Department. (B) by striking ‘‘; and’’ at the end of para- simulation capabilities through national labora- graph (3) and inserting a period; and SEC. 628. AVAILABLE FACILITIES DATABASE. (C) by striking paragraph (4); tory, industry, and university partnerships for The Secretary shall prepare a database of (2) in subsection (b)— operations and safety performance improve- non-Federal user facilities receiving Federal (A) by striking paragraph (1); ments of light water reactors for currently defunds that may be used for unclassified nuclear (B) by redesignating paragraphs (2) through ployed and near-term reactors and advanced re- energy research. The Secretary shall make this (5) as paragraphs (1) through (4), respectively; actors and for the development of small modular database accessible on the Department’s and reactors; and website. (C) by striking paragraph (6); ‘‘(6) any crosscutting technology or trans- (3) by amending subsection (g) to read as fol- formative concept aimed at establishing substan- Subtitle D—Energy Efficiency and Renewable lows: tial and revolutionary enhancements in the per- Energy Research and Development ‘‘(g) PROHIBITION.—None of the funds award- formance of future nuclear energy systems that SEC. 641. ENERGY EFFICIENCY. ed under this section may be used for the con- the Secretary considers relevant and appro- Section 911 of the Energy Policy Act of 2005 struction of facilities or the deployment of com- priate to the purpose of this section. (42 U.S.C. 16191) is amended to read as follows: mercially available technologies.’’; and

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3194 CONGRESSIONAL RECORD — HOUSE May 25, 2016 (4) by striking subsection (i). in delivering electricity to rural and remote lo- ‘‘(B) any organic byproduct of agriculture (in- SEC. 647. RENEWABLE ENERGY. cations including— cluding wastes from food production and proc- Section 931 of the Energy Policy Act of 2005 ‘‘(1) advanced renewable power technology, essing) that can be converted into energy; or (42 U.S.C. 16231) is amended to read as follows: including combined use with fossil technologies; ‘‘(C) any waste material that can be converted ‘‘(2) biomass; and to energy, is segregated from other waste mate- ‘‘SEC. 931. RENEWABLE ENERGY. ‘‘(3) geothermal energy systems. rials, and is derived from— ‘‘(a) IN GENERAL.— ‘‘(c) ANALYSIS AND EVALUATION.— ‘‘(i) any of the following forest-related re- ‘‘(1) OBJECTIVES.—The Secretary shall con- ‘‘(1) IN GENERAL.—The Secretary shall con- sources: mill residues, precommercial thinnings, duct programs of renewable energy research, de- duct analysis and evaluation in support of the slash, brush, or otherwise nonmerchantable ma- velopment, demonstration, and commercial ap- renewable energy programs under this subtitle. terial; plication, including activities described in this These activities shall be used to guide budget ‘‘(ii) wood waste materials, including waste subtitle. Such programs shall prioritize dis- and program decisions, and shall include— pallets, crates, dunnage, manufacturing and covery research and development and take into ‘‘(A) economic and technical analysis of reconstruction wood wastes (other than pressure- consideration the following objectives: newable energy potential, including resource as- treated, chemically treated, or painted wood ‘‘(A) Increasing the conversion efficiency of sessment; wastes), and landscape or right-of-way tree all forms of renewable energy through improved ‘‘(B) analysis of past program performance, trimmings, but not including municipal solid technologies. both in terms of technical advances and in mar- waste, gas derived from the biodegradation of ‘‘(B) Decreasing the cost of renewable energy ket introduction of renewable energy; municipal solid waste, or paper that is com- generation and delivery. ‘‘(C) assessment of domestic and international monly recycled; or ‘‘(C) Promoting the diversity of the energy market drivers, including the impacts of any ‘‘(iii) solids derived from waste water treat- supply. Federal, State, or local grants, loans, loan guar- ment processes. ‘‘(D) Decreasing the dependence of the United antees, tax incentives, statutory or regulatory ‘‘(2) LIGNOCELLULOSIC FEEDSTOCK.—The term States on foreign mineral resources. requirements, or other government initiatives; ‘lignocellulosic feedstock’ means any portion of ‘‘(E) Decreasing the environmental impact of and a plant or coproduct from conversion, including renewable energy-related activities. ‘‘(D) any other analysis or evaluation that crops, trees, forest residues, grasses, and agri- ‘‘(F) Increasing the export of renewable gen- the Secretary considers appropriate. cultural residues not specifically grown for food, eration technologies from the United States. ‘‘(2) FUNDING.—The Secretary may designate including from barley grain, grapeseed, rice ‘‘(2) PROGRAMS.— up to 1 percent of the funds appropriated for bran, rice hulls, rice straw, soybean matter, ‘‘(A) SOLAR ENERGY.—The Secretary shall carrying out this subtitle for analysis and eval- cornstover, and sugarcane bagasse.’’. conduct a program of research, development, uation activities under this subsection. demonstration, and commercial application for SEC. 649. CONCENTRATING SOLAR POWER RE- ‘‘(3) SUBMITTAL TO CONGRESS.—This analysis SEARCH PROGRAM. solar energy, including innovations in— and evaluation shall be submitted to the Com- Section 934 of the Energy Policy Act of 2005 ‘‘(i) photovoltaics; mittee on Science, Space, and Technology of the (42 U.S.C. 16234) and the item relating thereto in ‘‘(ii) solar heating; House of Representatives and the Committee on the table of contents of that Act are repealed. ‘‘(iii) concentrating solar power; Energy and Natural Resources of the Senate at ‘‘(iv) lighting systems that integrate sunlight least 30 days before each annual budget request SEC. 650. RENEWABLE ENERGY IN PUBLIC BUILD- INGS. and electrical lighting in complement to each is submitted to Congress.’’. Section 935 of the Energy Policy Act of 2005 other; and SEC. 648. BIOENERGY PROGRAM. ‘‘(v) development of technologies that can be (42 U.S.C. 16235) and the item relating thereto in Section 932 of the Energy Policy Act of 2005 the table of contents of that Act are repealed. easily integrated into new and existing build- (42 U.S.C. 16232) is amended to read as follows: ings. Subtitle E—Fossil Energy Research and ‘‘SEC. 932. BIOENERGY PROGRAM. ‘‘(B) WIND ENERGY.—The Secretary shall con- Development ‘‘(a) PROGRAM.—The Secretary shall conduct duct a program of research, development, dem- a program of research, development, demonstra- SEC. 661. FOSSIL ENERGY. onstration, and commercial application for wind tion, and commercial application for bioenergy, Section 961 of Energy Policy Act of 2005 (42 energy, including innovations in— including innovations in— U.S.C. 16291) is amended to read as follows: ‘‘(i) low speed wind energy; ‘‘(1) biopower energy systems; ‘‘SEC. 961. FOSSIL ENERGY. ‘‘(ii) testing and verification technologies; ‘‘(2) biofuels; ‘‘(a) IN GENERAL.—The Secretary shall carry ‘‘(iii) distributed wind energy generation; and ‘‘(3) bioproducts; out research, development, demonstration, and ‘‘(iv) transformational technologies for har- ‘‘(4) integrated biorefineries that may produce commercial application programs in fossil en- nessing wind energy. biopower, biofuels, and bioproducts; and ergy, including activities under this subtitle, ‘‘(C) GEOTHERMAL.—The Secretary shall con- ‘‘(5) crosscutting research and development in with the goal of improving the efficiency, effec- duct a program of research, development, dem- feedstocks. tiveness, and environmental performance of fos- onstration, and commercial application for geo- ‘‘(b) BIOFUELS AND BIOPRODUCTS.—The goals sil energy production, upgrading, conversion, thermal energy, including technologies for— of the biofuels and bioproducts programs shall and consumption. Such programs shall take into ‘‘(i) improving detection of geothermal re- be to develop, in partnership with industry and consideration the following objectives: sources; institutions of higher education— ‘‘(1) Increasing the energy conversion effi- ‘‘(ii) decreasing drilling costs; ‘‘(1) advanced biochemical and ciency of all forms of fossil energy through im- ‘‘(iii) decreasing maintenance costs through thermochemical conversion technologies capable proved technologies. improved materials; of making fuels from lignocellulosic feedstocks ‘‘(2) Decreasing the cost of all fossil energy ‘‘(iv) increasing the potential for other rev- that are price-competitive with fossil-based fuels production, generation, and delivery. enue sources, such as mineral production; and and fully compatible with either internal com- ‘‘(3) Promoting diversity of energy supply. ‘‘(v) increasing the understanding of reservoir bustion engines or fuel cell-powered vehicles; ‘‘(4) Decreasing the dependence of the United life cycle and management. ‘‘(2) advanced conversion of biomass to States on foreign energy supplies. ‘‘(D) HYDROPOWER.—The Secretary shall con- biofuels and bioproducts as part of integrated ‘‘(5) Decreasing the environmental impact of duct a program of research, development, dem- biorefineries based on either biochemical proc- energy-related activities. onstration, and commercial application for tech- esses, thermochemical processes, or hybrids of ‘‘(6) Increasing the export of fossil energy-re- nologies that enable the development of new these processes; and lated equipment, technology, and services from and incremental hydropower capacity, includ- ‘‘(3) other advanced processes that will enable the United States. ing: the development of cost-effective bioproducts, ‘‘(b) OBJECTIVES.—To the maximum extent ‘‘(i) Advanced technologies to enhance envi- including biofuels. practicable, the Secretary shall seek to— ronmental performance and yield greater energy ‘‘(c) RETROFIT TECHNOLOGIES FOR THE DEVEL- ‘‘(1) leverage existing programs; efficiencies. OPMENT OF ETHANOL FROM CELLULOSIC MATE- ‘‘(2) consolidate and coordinate activities ‘‘(ii) Ocean energy, including wave energy. RIALS.—The Secretary shall establish a program throughout the Department to promote collabo- ‘‘(E) MISCELLANEOUS PROJECTS.—The Sec- of research, development, demonstration, and ration and crosscutting approaches; retary shall conduct research, development, commercial application for technologies and ‘‘(3) ensure activities are undertaken in a demonstration, and commercial application pro- processes to enable biorefineries that exclusively manner that does not duplicate other activities grams for— use corn grain or corn starch as a feedstock to within the Department or other Federal Govern- ‘‘(i) the combined use of renewable energy produce ethanol to be retrofitted to accept a ment activities; and technologies with one another and with other range of biomass, including lignocellulosic feed- ‘‘(4) identify programs that may be more effec- energy technologies, including the combined use stocks. tively left to the States, industry, nongovern- of renewable power and fossil technologies; ‘‘(d) LIMITATIONS.—None of the funds author- mental organizations, institutions of higher edu- ‘‘(ii) renewable energy technologies for cogen- ized for carrying out this section may be used to cation, or other stakeholders. eration of hydrogen and electricity; and fund commercial biofuels production for defense ‘‘(c) LIMITATIONS.— ‘‘(iii) kinetic hydro turbines. purposes. ‘‘(1) USES.—None of the funds authorized for ‘‘(b) RURAL DEMONSTRATION PROJECTS.—In ‘‘(e) DEFINITIONS.—In this section: carrying out this section may be used for Fossil carrying out this section, the Secretary, in con- ‘‘(1) BIOMASS.—The term ‘biomass’ means— Energy Environmental Restoration. sultation with the Secretary of Agriculture, ‘‘(A) any organic material grown for the pur- ‘‘(2) INSTITUTIONS OF HIGHER EDUCATION.—Not shall give priority to demonstrations that assist pose of being converted to energy; less than 20 percent of the funds appropriated

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for carrying out section 964 of this Act for each ‘‘(2) COST SHARE.—In carrying out the pro- (4) assess overall combined cycle and simple fiscal year shall be dedicated to research and gram described in paragraph (1), the Secretary cycle system performance. development carried out at institutions of higher shall enter into partnerships with private enti- (c) PROGRAM GOALS.—The goals of the multi- education. ties to share the costs of carrying out the pro- phase program established under subsection (a) ‘‘(3) USE FOR REGULATORY ASSESSMENTS OR gram. The Secretary may reduce the non-Fed- shall be— DETERMINATIONS.—The results of any research, eral cost share requirement if the Secretary de- (1) in phase I— development, demonstration, or commercial ap- termines that the reduction is necessary and ap- (A) to develop the conceptual design of ad- plication projects or activities of the Department propriate considering the technological risks in- vanced high efficiency gas turbines that can authorized under this subtitle may not be used volved in the project.’’; and achieve at least 62 percent combined cycle effi- for regulatory assessments or determinations by (4) in subsection (c) (as so redesignated) by ciency or 47 percent simple cycle efficiency on a Federal regulatory authorities. striking paragraph (1) and inserting the fol- lower heating value basis; and ‘‘(d) ASSESSMENTS.— lowing: (B) to develop and demonstrate the technology ‘‘(1) CONSTRAINTS AGAINST BRINGING RE- ‘‘(1) IN GENERAL.—In carrying out programs required for advanced high efficiency gas tur- SOURCES TO MARKET.—Not later than 1 year authorized by this section, the Secretary shall bines that can achieve at least 62 percent com- after the date of enactment of the America identify cost and performance goals for coal- bined cycle efficiency or 47 percent simple cycle COMPETES Reauthorization Act of 2015, the based technologies that would permit the con- efficiency on a lower heating value basis; and Secretary shall transmit to Congress an assess- tinued cost-competitive use of coal for the pro- (2) in phase II, to develop the conceptual de- ment of the technical, institutional, policy, and duction of electricity, chemical feedstocks, sign for advanced high efficiency gas turbines regulatory constraints to bringing new domestic transportation fuels, and other marketable that can achieve at least 65 percent combined fossil resources to market. products.’’. cycle efficiency or 50 percent simple cycle effi- (b) ADVISORY COMMITTEE; AUTHORIZATION OF ‘‘(2) TECHNOLOGY CAPABILITIES.—Not later ciency on a lower heating value basis. APPROPRIATIONS.—Section 963 of the Energy than 2 years after the date of enactment of the (d) PROPOSALS.—Within 180 days after the America COMPETES Reauthorization Act of Policy Act of 2005 (42 U.S.C. 16293) is amended— date of enactment of this Act, the Secretary (1) by amending paragraph (6) of subsection 2015, the Secretary shall transmit to Congress a shall solicit grant and contract proposals from (c) to read as follows: industry, small businesses, universities, and long-term assessment of existing and projected ‘‘(6) ADVISORY COMMITTEE.— technological capabilities for expanded produc- ‘‘(A) IN GENERAL.—Subject to subparagraph other appropriate parties for conducting activi- tion from domestic unconventional oil, gas, and (B), the Secretary shall establish an advisory ties under this section. In selecting proposals, methane reserves.’’. committee to undertake, not less frequently than the Secretary shall emphasize— SEC. 662. COAL RESEARCH, DEVELOPMENT, DEM- once every 3 years, a review and prepare a re- (1) the extent to which the proposal will stim- ONSTRATION, AND COMMERCIAL AP- port on the progress being made by the Depart- ulate the creation or increased retention of jobs PLICATION PROGRAMS. ment of Energy to achieve the goals described in in the United States; and (a) IN GENERAL.—Section 962 of the Energy subsections (a) and (b) of section 962 and sub- (2) the extent to which the proposal will pro- Policy Act of 2005 (42 U.S.C. 16292) is amended— section (b) of this section. mote and enhance United States technology (1) in subsection (a)— ‘‘(B) MEMBERSHIP REQUIREMENTS.—Members leadership. (A) in paragraph (10), by striking ‘‘and’’ at of the advisory committee established under sub- (e) COMPETITIVE AWARDS.—The provision of the end; paragraph (A) shall be appointed by the Sec- funding under this section shall be on a com- (B) in paragraph (11), by striking the period retary, except that three members shall be ap- petitive basis with an emphasis on technical at the end and inserting a semicolon; and pointed by the Speaker of the House of Rep- merit. (C) by adding at the end the following: resentatives and two members shall be appointed (f) COST SHARING.—Section 988 of the Energy ‘‘(12) specific additional programs to address by the Majority Leader of the Senate. The total Policy Act of 2005 (42 U.S.C. 16352) shall apply water use and reuse; number of members of the advisory committee to an award of financial assistance made under ‘‘(13) the testing, including the construction of shall be 15.’’; and this section. testing facilities, of high temperature materials (2) by amending subsection (d) to read as fol- Subtitle F—Advanced Research Projects for use in advanced systems for combustion or lows: Agency–Energy use of coal; and ‘‘(d) STUDY OF CARBON DIOXIDE PIPELINES.— ‘‘(14) innovations to application of existing Not later than 1 year after the date of enact- SEC. 671. ARPA–E AMENDMENTS. coal conversion systems designed to increase ef- ment of the America COMPETES Reauthoriza- Section 5012 of the America COMPETES Act ficiency of conversion, flexibility of operation, tion Act of 2015, the Secretary shall transmit to (42 U.S.C. 16538) is amended— and other modifications to address existing Congress the results of a study to assess the cost (1) by amending paragraph (1) of subsection usage requirements.’’; and feasibility of engineering, permitting, build- (c) to read as follows: (2) by redesignating subsections (b) through ing, maintaining, regulating, and insuring a na- ‘‘(1) IN GENERAL.—The goals of ARPA–E shall (d) as subsections (c) through (e), respectively; tional system of carbon dioxide pipelines.’’. be to enhance the economic and energy security (3) by inserting after subsection (a) the fol- SEC. 663. HIGH EFFICIENCY GAS TURBINES RE- of the United States and to ensure that the lowing: SEARCH AND DEVELOPMENT. United States maintains a technological lead ‘‘(b) TRANSFORMATIONAL COAL TECHNOLOGY (a) IN GENERAL.—The Secretary, through the through the development of advanced energy PROGRAM.— Office of Fossil Energy, shall carry out a technologies.’’; ‘‘(1) IN GENERAL.—As part of the program es- multiyear, multiphase program of research, de- (2) in subsection (i)(1), by inserting ‘‘ARPA–E tablished under subsection (a), the Secretary velopment, demonstration, and commercial ap- shall not provide funding for a project unless may carry out a program designed to undertake plication to innovate technologies to maximize the prospective grantee demonstrates sufficient research, development, demonstration, and com- the efficiency of gas turbines used in power gen- attempts to secure private financing or indicates mercial application of technologies, including eration systems. that the project is not independently commer- the accelerated development of— (b) PROGRAM ELEMENTS.—The program under cially viable.’’ after ‘‘relevant research agen- ‘‘(A) chemical looping technology; this section shall— cies.’’; ‘‘(B) supercritical carbon dioxide power gen- (1) support innovative engineering and de- (3) in subsection (l)(1), by inserting ‘‘and once eration cycles; tailed gas turbine design for megawatt-scale and every 6 years thereafter,’’ after ‘‘operation for 6 ‘‘(C) pressurized oxycombustion, including utility-scale electric power generation, includ- years,’’; and new and retrofit technologies; and ing— (4) by redesignating subsection (n) as sub- ‘‘(D) other technologies that are characterized (A) high temperature materials, including section (o) and inserting after subsection (m) the by the use of— superalloys, coatings, and ceramics; following new subsection: (B) improved heat transfer capability; ‘‘(n) PROTECTION OF PROPRIETARY INFORMA- ‘‘(i) alternative energy cycles; (C) manufacturing technology required to TION.— ‘‘(ii) thermionic devices using waste heat; construct complex three-dimensional geometry ‘‘(iii) fuel cells; ‘‘(1) IN GENERAL.—The following categories of parts with improved aerodynamic capability; information collected by the Advanced Research ‘‘(iv) replacement of chemical processes with (D) combustion technology to produce higher Projects Agency–Energy from recipients of fi- biotechnology; firing temperature while lowering nitrogen oxide nancial assistance awards shall be considered ‘‘(v) nanotechnology; and carbon monoxide emissions per unit of out- privileged and confidential and not subject to ‘‘(vi) new materials in applications (other put; than extending cycles to higher temperature and (E) advanced controls and systems integra- disclosure pursuant to section 552 of title 5, pressure), such as membranes or ceramics; tion; United States Code: ‘‘(vii) carbon utilization, such as in construc- (F) advanced high performance compressor ‘‘(A) Plans for commercialization of tech- tion materials, using low quality energy to re- technology; and nologies developed under the award, including convert back to a fuel, or manufactured food; (G) validation facilities for the testing of com- business plans, technology to market plans, ‘‘(viii) advanced gas separation concepts; and ponents and subsystems; market studies, and cost and performance mod- ‘‘(ix) other technologies, including— (2) include technology demonstration through els. ‘‘(I) modular, manufactured components; and component testing, subscale testing, and full ‘‘(B) Investments provided to an awardee from ‘‘(II) innovative production or research tech- scale testing in existing fleets; third parties, such as venture capital, hedge niques, such as using 3–D printer systems, for (3) include field demonstrations of the devel- fund, or private equity firms, including amounts the production of early research and develop- oped technology elements so as to demonstrate and percentage of ownership of the awardee ment prototypes. technical and economic feasibility; and provided in return for such investments.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00097 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3196 CONGRESSIONAL RECORD — HOUSE May 25, 2016 ‘‘(C) Additional financial support that the (K) Princeton Plasma Physics Laboratory; Subtitle C—Cross-Sector Partnerships and awardee plans to invest or has invested into the (L) Savannah River National Laboratory; Grant Competitiveness technology developed under the award, or that (M) Stanford Linear Accelerator Center; SEC. 721. AGREEMENTS FOR COMMERCIALIZING the awardee is seeking from third parties. (N) Thomas Jefferson National Accelerator TECHNOLOGY PILOT PROGRAM. ‘‘(D) Revenue from the licensing or sale of Facility; and (a) IN GENERAL.—The Secretary shall carry new products or services resulting from the re- (O) any laboratory operated by the National out the Agreements for Commercializing Tech- search conducted under the award. Nuclear Security Administration, but only with nology pilot program of the Department, as an- ‘‘(2) EFFECT OF SUBSECTION.—Nothing in this respect to the civilian energy activities thereof. nounced by the Secretary on December 8, 2011, subsection affects— (3) SECRETARY.—The term ‘‘Secretary’’ means in accordance with this section. ‘‘(A) the authority of the Secretary to use in- the Secretary of Energy. (b) TERMS.—Each agreement entered into pur- formation without publicly disclosing such in- suant to the pilot program referred to in sub- SEC. 702. SAVINGS CLAUSE. formation; or section (a) shall provide to the contractor of the ‘‘(B) the responsibility of the Secretary to Nothing in this title or an amendment made applicable National Laboratory, to the max- transmit information to Congress as required by by this title abrogates or otherwise affects the imum extent determined to be appropriate by the law.’’. primary responsibilities of any National Labora- Secretary, increased authority to negotiate con- tory to the Department. Subtitle G—Authorization of Appropriations tract terms, such as intellectual property rights, Subtitle B—Innovation Management at SEC. 681. AUTHORIZATION OF APPROPRIATIONS. payment structures, performance guarantees, Department of Energy and multiparty collaborations. (a) ELECTRICITY DELIVERY AND ENERGY RELI- (c) ELIGIBILITY.— ABILITY RESEARCH AND DEVELOPMENT.—There SEC. 712. TECHNOLOGY TRANSFER AND TRANSI- (1) IN GENERAL.—Any director of a National are authorized to be appropriated to the Sec- TIONS ASSESSMENT. Not later than 1 year after the date of enact- Laboratory may enter into an agreement pursu- retary for research, development, demonstration, ant to the pilot program referred to in sub- and commercial application for electrical deliv- ment of this Act, and annually thereafter, the Secretary shall transmit to the Committee on section (a). ery and energy reliability technology activities (2) AGREEMENTS WITH NON-FEDERAL ENTI- Science, Space, and Technology of the House of within the Office of Electricity $113,000,000 for TIES.—To carry out paragraph (1) and subject to Representatives and the Committee on Energy each of fiscal years 2016 and 2017. paragraph (3), the Secretary shall permit the di- and Natural Resources of the Senate a report (b) NUCLEAR ENERGY.— rectors of the National Laboratories to execute which shall include— (1) IN GENERAL.—There are authorized to be agreements with a non-Federal entity, including appropriated to the Secretary for research, de- (1) an assessment of the Department’s current a non-Federal entity already receiving Federal velopment, demonstration, and commercial ap- ability to carry out the goals of section 1001 of funding that will be used to support activities plication for nuclear energy technology activi- the Energy Policy Act of 2005 (42 U.S.C. 16391), under agreements executed pursuant to para- ties within the Office of Nuclear Energy including an assessment of the role and effec- graph (1), provided that such funding is solely $504,600,000 for each of fiscal years 2016 and tiveness of the Director of the Office of Tech- used to carry out the purposes of the Federal 2017. nology Transitions; and award. (2) LIMITATION.—Any amounts made available (2) recommended departmental policy changes (3) RESTRICTION.—The requirements of chap- pursuant to the authorization of appropriations and legislative changes to section 1001 of the ter 18 of title 35, United States Code (commonly under paragraph (1) shall not be derived from Energy Policy Act of 2005 (42 U.S.C. 16391) to known as the ‘‘Bayh-Dole Act’’) shall apply if— the Nuclear Waste Fund established under sec- improve the Department’s ability to successfully (A) the agreement is a funding agreement (as tion 302(c) of the Nuclear Waste Policy Act of transfer new energy technologies to the private that term is defined in section 201 of that title); 1982 (42 U.S.C. 10222(c)). sector. and (c) ENERGY EFFICIENCY AND RENEWABLE EN- SEC. 713. SENSE OF CONGRESS. (B) at least one of the parties to the funding ERGY.—There are authorized to be appropriated It is the sense of the Congress that the Sec- agreement is eligible to receive rights under that to the Secretary for research, development, dem- retary should encourage the National Labora- chapter. onstration, and commercial application for en- tories and federally funded research and devel- (d) SUBMISSION TO SECRETARY.—Each affected ergy efficiency and renewable energy tech- opment centers to inform small businesses of the director of a National Laboratory shall submit nology activities within the Office of Energy Ef- opportunities and resources that exist pursuant to the Secretary, with respect to each agreement ficiency and Renewable Energy $1,193,500,000 to this title. entered into under this section— for each of fiscal years 2016 and 2017. (1) a summary of information relating to the SEC. 714. NUCLEAR ENERGY INNOVATION. (d) FOSSIL ENERGY.—There are authorized to relevant project; be appropriated to the Secretary for research, Not later than 180 days after the date of en- (2) the total estimated costs of the project; development, demonstration, and commercial actment of this Act, the Secretary, in consulta- (3) estimated commencement and completion application for fossil energy technology activi- tion with the National Laboratories, relevant dates of the project; and ties within the Office of Fossil Energy Federal agencies, and other stakeholders, shall (4) other documentation determined to be ap- $605,000,000 for each of fiscal years 2016 and transmit to the Committee on Science, Space, propriate by the Secretary. 2017. and Technology of the House of Representatives (e) CERTIFICATION.—The Secretary shall re- (e) ARPA–E.—There are authorized to be ap- and the Committee on Energy and Natural Re- quire the contractor of the affected National propriated to the Secretary for the Advanced sources of the Senate a report assessing the De- Laboratory to certify that each activity carried Research Projects Agency–Energy $140,000,000 partment’s capabilities to authorize, host, and out under a project for which an agreement is for each of fiscal years 2016 and 2017. oversee privately funded fusion and non-light entered into under this section— water reactor prototypes and related demonstra- (1) is not in direct competition with the pri- Subtitle H—Definitions tion facilities at Department-owned sites. For vate sector; and SEC. 691. DEFINITIONS. purposes of this report, the Secretary shall con- (2) does not present, or minimizes, any appar- In this title— sider the Department’s capabilities to facilitate ent conflict of interest, and avoids or neutralizes (1) the term ‘‘Department’’ means the Depart- privately-funded prototypes up to 20 megawatts any actual conflict of interest, as a result of the ment of Energy; and thermal output. The report shall address the fol- agreement under this section. (2) the term ‘‘Secretary’’ means the Secretary lowing: (f) EXTENSION.—The pilot program referred to of Energy. (1) The Department’s safety review and over- in subsection (a) shall be extended until October TITLE VII—DEPARTMENT OF ENERGY sight capabilities. 31, 2017. TECHNOLOGY TRANSFER (2) Potential sites capable of hosting research, (g) REPORTS.— (1) OVERALL ASSESSMENT.—Not later than 60 development, and demonstration of prototype Subtitle A—In General days after the date described in subsection (f), reactors and related facilities for the purpose of SEC. 701. DEFINITIONS. the Secretary, in coordination with directors of reducing technical risk. In this title: the National Laboratories, shall submit to the (3) The Department’s and National Labora- (1) DEPARTMENT.—The term ‘‘Department’’ Committee on Science, Space, and Technology of tories’ existing physical and technical capabili- means the Department of Energy. the House of Representatives and the Committee ties relevant to research, development, and over- (2) NATIONAL LABORATORY.—The term ‘‘Na- on Energy and Natural Resources of the Senate sight. tional Laboratory’’ means a Department of En- a report that— ergy nonmilitary national laboratory, includ- (4) The efficacy of the Department’s available (A) assesses the overall effectiveness of the ing— contractual mechanisms, including cooperative pilot program referred to in subsection (a); (A) Ames Laboratory; research and development agreements, work for (B) identifies opportunities to improve the ef- (B) Argonne National Laboratory; others agreements, and agreements for commer- fectiveness of the pilot program; (C) Brookhaven National Laboratory; cializing technology. (C) assesses the potential for program activi- (D) Fermi National Accelerator Laboratory; (5) Potential cost structures related to phys- ties to interfere with the responsibilities of the (E) Idaho National Laboratory; ical security, decommissioning, liability, and National Laboratories to the Department; and (F) Lawrence Berkeley National Laboratory; other long-term project costs. (D) provides a recommendation regarding the (G) National Energy Technology Laboratory; (6) Other challenges or considerations identi- future of the pilot program. (H) National Renewable Energy Laboratory; fied by the Secretary, including issues related to (2) TRANSPARENCY.—The Secretary, in coordi- (I) Oak Ridge National Laboratory; potential cases of demonstration reactors up to nation with directors of the National Labora- (J) Pacific Northwest National Laboratory; 2 gigawatts of thermal output. tories, shall submit to the Committee on Science,

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00098 Fmt 4634 Sfmt 6333 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3197 Space, and Technology of the House of Rep- SEC. 723. INCLUSION OF EARLY-STAGE TECH- ‘‘SEC. 951. NUCLEAR ENERGY. resentatives and the Committee on Energy and NOLOGY DEMONSTRATION IN AU- ‘‘(a) MISSION.—The Secretary shall conduct Natural Resources of the Senate an annual re- THORIZED TECHNOLOGY TRANSFER programs of civilian nuclear research, develop- port that accounts for all incidences of, and ACTIVITIES. ment, demonstration, and commercial applica- Section 1001 of the Energy Policy Act of 2005 provides a justification for, non-Federal entities tion, including activities in this subtitle. Such (42 U.S.C. 16391) is amended by— using funds derived from a Federal contract or programs shall take into consideration the fol- (1) redesignating subsection (g) as subsection award to carry out agreements pursuant to this lowing objectives: (h); and ‘‘(1) Providing research infrastructure to pro- section. (2) inserting after subsection (f) the following: mote scientific progress and enable users from SEC. 722. PUBLIC-PRIVATE PARTNERSHIPS FOR ‘‘(g) EARLY-STAGE TECHNOLOGY DEMONSTRA- academia, the National Laboratories, and the COMMERCIALIZATION. TION.—The Secretary shall permit the directors (a) IN GENERAL.—Subject to subsections (b) of the National Laboratories to use funds au- private sector to make scientific discoveries rel- and (c), the Secretary shall delegate to directors thorized to support technology transfer within evant for nuclear, chemical, and materials of the National Laboratories signature author- the Department to carry out early-stage and science engineering. ity with respect to any agreement described in pre-commercial technology demonstration activi- ‘‘(2) Maintaining National Laboratory and subsection (b) the total cost of which (including ties to remove technology barriers that limit pri- university nuclear energy research and develop- the National Laboratory contributions and vate sector interest and demonstrate potential ment programs, including their infrastructure. project recipient cost share) is less than $1 mil- commercial applications of any research and ‘‘(3) Providing the technical means to reduce lion. technologies arising from National Laboratory the likelihood of nuclear weapons proliferation and increasing confidence margins for public (b) AGREEMENTS.—Subsection (a) applies to— activities.’’. (1) a cooperative research and development safety of nuclear energy systems. SEC. 724. FUNDING COMPETITIVENESS FOR IN- ‘‘(4) Reducing the environmental impact of agreement; STITUTIONS OF HIGHER EDUCATION nuclear energy related activities. (2) a non-Federal work-for-others agreement; AND OTHER NONPROFIT INSTITU- ‘‘(5) Supporting technology transfer from the and TIONS. Section 988(b) of the Energy Policy Act of 2005 National Laboratories to the private sector. (3) any other agreement determined to be ap- ‘‘(6) Enabling the private sector to partner propriate by the Secretary, in collaboration with (42 U.S.C. 16352(b)) is amended— (1) in paragraph (1), by striking ‘‘Except as with the National Laboratories to demonstrate the directors of the National Laboratories. provided in paragraphs (2) and (3)’’ and insert- novel reactor concepts for the purpose of resolv- (c) ADMINISTRATION.— ing ‘‘Except as provided in paragraphs (2), (3), ing technical uncertainty associated with the (1) ACCOUNTABILITY.—The director of the af- and (4)’’; and aforementioned objectives in this subsection. fected National Laboratory and the affected (2) by adding at the end the following: ‘‘(b) DEFINITIONS.—In this subtitle: contractor shall carry out an agreement under ‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGHER ‘‘(1) ADVANCED NUCLEAR REACTOR.—The term this section in accordance with applicable poli- EDUCATION AND OTHER NONPROFIT INSTITU- ‘advanced nuclear reactor’ means— cies of the Department, including by ensuring TIONS.— ‘‘(A) a nuclear fission reactor with significant that the agreement does not compromise any na- ‘‘(A) IN GENERAL.—Paragraph (1) shall not improvements over the most recent generation of tional security, economic, or environmental in- apply to a research or development activity per- nuclear fission reactors, which may include interest of the United States. formed by an institution of higher education or herent safety features, lower waste yields, great- (2) CERTIFICATION.—The director of the af- nonprofit institution (as defined in section 4 of er fuel utilization, superior reliability, resistance fected National Laboratory and the affected the Stevenson-Wydler Technology Innovation to proliferation, and increased thermal effi- contractor shall certify that each activity car- Act of 1980 (15 U.S.C. 3703)). ciency; or ried out under a project for which an agreement ‘‘(B) TERMINATION DATE.—The exemption ‘‘(B) a nuclear fusion reactor. is entered into under this section does not under subparagraph (A) shall apply during the ‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ present, or minimizes, any apparent conflict of 6-year period beginning on the date of enact- means a neutron with kinetic energy above 100 interest, and avoids or neutralizes any actual ment of this paragraph.’’. kiloelectron volts. conflict of interest, as a result of the agreement SEC. 725. PARTICIPATION IN THE INNOVATION ‘‘(3) NATIONAL LABORATORY.—The term ‘Na- under this section. CORPS PROGRAM. tional Laboratory’ has the meaning given that (3) AVAILABILITY OF RECORDS.—On entering The Secretary may enter into an agreement term in paragraph (3) of section 2, except that an agreement under this section, the director of with the Director of the National Science Foun- with respect to subparagraphs (G), (H), and (N) a National Laboratory shall submit to the Sec- dation to enable researchers funded by the De- of such paragraph, for purposes of this subtitle retary for monitoring and review all records of partment to participate in the National Science the term includes only the civilian activities the National Laboratory relating to the agree- Foundation Innovation Corps program. thereof. ment. Subtitle D—Assessment of Impact ‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ (4) RATES.—The director of a National Lab- means the intensity of neutron radiation meas- SEC. 731. REPORT BY GOVERNMENT ACCOUNT- oratory may charge higher rates for services per- ABILITY OFFICE. ured as a rate of flow of neutrons applied over formed under a partnership agreement entered Not later than 3 years after the date of enact- an area. into pursuant to this section, regardless of the ment of this Act, the Comptroller General of the ‘‘(5) NEUTRON SOURCE.—The term ‘neutron full cost of recovery, if such funds are used ex- United States shall submit to Congress a resource’ means a research machine that provides clusively to support further research and devel- port— neutron irradiation services for research on ma- opment activities at the respective National Lab- (1) describing the results of the projects devel- terials sciences and nuclear physics as well as oratory. oped under sections 721, 722, and 723, including testing of advanced materials, nuclear fuels, (d) EXCEPTION.—This section does not apply information regarding— and other related components for reactor sys- to any agreement with a majority foreign-owned (A) partnerships initiated as a result of those tems.’’. company. projects and the potential linkages presented by SEC. 3303. NUCLEAR ENERGY RESEARCH PRO- (e) CONFORMING AMENDMENT.—Section 12 of those partnerships with respect to national pri- GRAMS. the Stevenson-Wydler Technology Innovation orities and other taxpayer-funded research; and Section 952 of the Energy Policy Act of 2005 Act of 1980 (15 U.S.C. 3710a) is amended— (B) whether the activities carried out under (42 U.S.C. 16272) is amended— (1) in subsection (a)— those projects result in— (1) by striking subsection (c); and (A) by redesignating paragraphs (1) and (2) as (i) fiscal savings; (2) by redesignating subsections (d) and (e) as subparagraphs (A) and (B), respectively, and (ii) expansion of National Laboratory capa- subsections (c) and (d), respectively. indenting the subparagraphs appropriately; bilities; SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE. (B) by striking ‘‘Each Federal agency’’ and (iii) increased efficiency of technology trans- Section 953(a) of the Energy Policy Act of 2005 inserting the following: fers; or (42 U.S.C. 16273(a)) is amended by striking ‘‘, (iv) an increase in general efficiency of the ‘‘(1) IN GENERAL.—Except as provided in para- acting through the Director of the Office of Nu- graph (2), each Federal agency’’; and National Laboratory system; and clear Energy, Science and Technology,’’. (2) assess the scale, scope, efficacy, and im- (C) by adding at the end the following: pact of the Department’s efforts to promote SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ‘‘(2) EXCEPTION.—Notwithstanding paragraph technology transfer and private sector engage- ENGINEERING SUPPORT. (1), in accordance with section 722(a) of the ment at the National Laboratories, and make Section 954(d)(4) of the Energy Policy Act of America COMPETES Reauthorization Act of recommendations on how the Department can 2005 (42 U.S.C. 16274(d)(4)) is amended by strik- 2015, approval by the Secretary of Energy shall improve these activities. ing ‘‘as part of a taking into consideration ef- not be required for any technology transfer fort that emphasizes’’ and inserting ‘‘that em- agreement proposed to be entered into by a Na- TITLE XXXIII—NUCLEAR ENERGY phasize’’. INNOVATION CAPABILITIES tional Laboratory of the Department of Energy, SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN the total cost of which (including the National SEC. 3301. SHORT TITLE. NUCLEAR INFRASTRUCTURE AND Laboratory contributions and project recipient This title may be cited as the ‘‘Nuclear Energy FACILITIES. cost share) is less than $1 million.’’; and Innovation Capabilities Act’’. Section 955 of the Energy Policy Act of 2005 (2) in subsection (b), by striking ‘‘subsection SEC. 3302. NUCLEAR ENERGY. (42 U.S.C. 16275) is amended— (a)(1)’’ each place it appears and inserting Section 951 of the Energy Policy Act of 2005 (1) by striking subsections (c) and (d); and ‘‘subsection (a)(1)(A)’’. (42 U.S.C. 16271) is amended to read as follows: (2) by adding at the end the following:

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‘‘(c) VERSATILE NEUTRON SOURCE.— ‘‘(3) Increasing the utility of the Department’s civilian nuclear energy research and develop- ‘‘(1) MISSION NEED.—Not later than December research infrastructure by coordinating with the ment by the Department. The first shall assume 31, 2016, the Secretary shall determine the mis- Advanced Scientific Computing Research pro- constant annual funding for 10 years at the ap- sion need for a versatile reactor-based fast neu- gram within the Office of Science. propriated level for the Department’s civilian tron source, which shall operate as a national ‘‘(4) Leveraging experience from the Energy nuclear energy research and development for user facility. During this process, the Secretary Innovation Hub for Modeling and Simulation. fiscal year 2016. The second shall be an uncon- shall consult with the private sector, univer- ‘‘(5) Ensuring that new experimental and strained budget. The two plans shall include— sities, National Laboratories, and relevant Fed- computational tools are accessible to relevant re- ‘‘(1) a prioritized list of the Department’s pro- eral agencies to ensure that this user facility search communities. grams, projects, and activities to best support will meet the research needs of the largest pos- ‘‘(b) SUPPORTIVE RESEARCH ACTIVITIES.—The the development of advanced nuclear reactor sible majority of prospective users. Secretary shall consider support for additional technologies; ‘‘(2) ESTABLISHMENT.—Upon the determina- research activities to maximize the utility of its ‘‘(2) realistic budget requirements for the De- tion of mission need made under paragraph (1), research facilities, including physical processes partment to implement sections 955(c), 957, and the Secretary shall, as expeditiously as possible, to simulate degradation of materials and behav- 958 of this Act; and provide to the Committee on Science, Space, and ior of fuel forms and for validation of computa- ‘‘(3) the Department’s justification for con- Technology of the House of Representatives and tional tools.’’. tinuing or terminating existing civilian nuclear the Committee on Energy and Natural Resources SEC. 3309. ENABLING NUCLEAR ENERGY INNOVA- energy research and development programs.’’. of the Senate a detailed plan for the establish- TION. (b) REPORT ON FUSION INNOVATION.—Not later ment of the user facility. Subtitle E of title IX of the Energy Policy Act than 6 months after the date of enactment of ‘‘(3) FACILITY REQUIREMENTS.— of 2005 (42 U.S.C. 16271 et seq.) is amended by this title, the Secretary of the Department of ‘‘(A) CAPABILITIES.—The Secretary shall en- adding at the end the following: Energy shall transmit to the Committee on sure that this user facility will provide, at a Science, Space, and Technology of the House of minimum, the following capabilities: ‘‘SEC. 958. ENABLING NUCLEAR ENERGY INNOVA- TION. Representatives and the Committee on Energy ‘‘(i) Fast neutron spectrum irradiation capa- ‘‘(a) NATIONAL REACTOR INNOVATION CEN- and Natural Resources of the Senate a report bility. that will identify engineering designs for inno- ‘‘(ii) Capacity for upgrades to accommodate TER.—The Secretary shall carry out a program to enable the testing and demonstration of reac- vative fusion energy systems that have the po- new or expanded research needs. tential to demonstrate net energy production not ‘‘(B) CONSIDERATIONS.—In carrying out the tor concepts to be proposed and funded by the later than 15 years after the start of construc- plan provided under paragraph (2), the Sec- private sector. The Secretary shall leverage the tion. In this report, the Secretary will identify retary shall consider the following: technical expertise of relevant Federal agencies ‘‘(i) Capabilities that support experimental and National Laboratories in order to minimize budgetary requirements that would be necessary high-temperature testing. the time required to enable construction and op- for the Department to carry out a fusion inno- ‘‘(ii) Providing a source of fast neutrons at a eration of privately funded experimental reac- vation initiative to accelerate research and de- neutron flux, higher than that at which current tors at National Laboratories or other Depart- velopment of these designs. research facilities operate, sufficient to enable ment-owned sites. Such reactors shall operate to SEC. 3311. CONFORMING AMENDMENTS. research for an optimal base of prospective meet the following objectives: The table of contents for the Energy Policy users. ‘‘(1) Enabling physical validation of novel re- Act of 2005 is amended by striking the item relat- ‘‘(iii) Maximizing irradiation flexibility and ir- actor concepts. ing to section 957 and inserting the following: radiation volume to accommodate as many con- ‘‘(2) Resolving technical uncertainty and in- ‘‘957. High-performance computation and sup- current users as possible. creasing practical knowledge relevant to safety, portive research. ‘‘(iv) Capabilities for irradiation with neu- resilience, security, and functionality of first-of- ‘‘958. Enabling nuclear energy innovation. trons of a lower energy spectrum. a-kind reactor concepts. ‘‘959. Budget plan.’’. ‘‘(v) Multiple loops for fuels and materials ‘‘(3) General research and development to im- testing in different coolants. The SPEAKER pro tempore. The bill prove nascent technologies. shall be debatable for 1 hour, equally ‘‘(vi) Additional pre-irradiation and post-irra- ‘‘(b) REPORTING REQUIREMENT.—Not later diation examination capabilities. than 180 days after the date of enactment of the divided among and controlled by the ‘‘(vii) Lifetime operating costs and lifecycle Nuclear Energy Innovation Capabilities Act, the chair and ranking minority member of costs. Secretary, in consultation with the National the Committee on Energy and Com- EPORTING PROGRESS.—The Department ‘‘(4) R Laboratories, relevant Federal agencies, and merce and the chair and ranking mi- shall, in its annual budget requests, provide an other stakeholders, shall transmit to the Com- explanation for any delay in its progress and nority member of the Committee on mittee on Science, Space, and Technology of the otherwise make every effort to complete con- Natural Resources. House of Representatives and the Committee on struction and approve the start of operations for The gentleman from Kentucky (Mr. Energy and Natural Resources of the Senate a this facility by December 31, 2025. WHITFIELD), the gentleman from Illi- report assessing the Department’s capabilities to ‘‘(5) COORDINATION.—The Secretary shall le- authorize, host, and oversee privately funded nois (Mr. RUSH), the gentleman from verage the best practices for management, con- experimental advanced nuclear reactors as de- Arkansas (Mr. WESTERMAN), and the struction, and operation of national user facili- scribed under subsection (a). The report shall gentleman from California (Mr. ties from the Office of Science.’’. address the following: HUFFMAN) each will control 15 minutes. SEC. 3307. SECURITY OF NUCLEAR FACILITIES. ‘‘(1) The Department’s oversight capabilities, The Chair recognizes the gentleman Section 956 of the Energy Policy Act of 2005 including options to leverage expertise from the from Kentucky. (42 U.S.C. 16276) is amended by striking ‘‘, act- Nuclear Regulatory Commission and National GENERAL LEAVE ing through the Director of the Office of Nu- Laboratories. clear Energy, Science and Technology,’’. ‘‘(2) Potential sites capable of hosting activi- Mr. WHITFIELD. Mr. Speaker, I ask SEC. 3308. HIGH-PERFORMANCE COMPUTATION ties described under subsection (a). unanimous consent that all Members AND SUPPORTIVE RESEARCH. ‘‘(3) The efficacy of the Department’s avail- may have 5 legislative days in which to Section 957 of the Energy Policy Act of 2005 able contractual mechanisms to partner with the revise and extend their remarks and in- (42 U.S.C. 16277) is amended to read as follows: private sector and Federal agencies, including sert extraneous material on S. 2012. ‘‘SEC. 957. HIGH-PERFORMANCE COMPUTATION cooperative research and development agree- The SPEAKER pro tempore. Is there AND SUPPORTIVE RESEARCH. ments, strategic partnership projects, and agree- ‘‘(a) MODELING AND SIMULATION.—The Sec- objection to the request of the gen- ments for commercializing technology. retary shall carry out a program to enhance the tleman from Kentucky? ‘‘(4) Potential cost structures related to long- Nation’s capabilities to develop new reactor term projects, including physical security, dis- There was no objection. technologies through high-performance com- tribution of liability, and other related costs. Mr. WHITFIELD. Mr. Speaker, I putation modeling and simulation techniques. ‘‘(5) Other challenges or considerations identi- yield myself such time as I may con- This program shall coordinate with relevant fied by the Secretary.’’. sume. Federal agencies through the National Strategic Mr. Speaker, today I rise in support Computing Initiative created under Executive SEC. 3310. BUDGET PLAN. Order No. 13702 (July 29, 2015) while taking into (a) IN GENERAL.—Subtitle E of title IX of the of the House amendment to S. 2012, the account the following objectives: Energy Policy Act of 2005 (42 U.S.C. 16271 et Energy Policy Modernization Act of ‘‘(1) Utilizing expertise from the private sector, seq.) is further amended by adding at the end 2016. universities, and National Laboratories to de- the following: In December of last year, the House velop computational software and capabilities ‘‘SEC. 959. BUDGET PLAN. passed H.R. 8, the North American En- that prospective users may access to accelerate ‘‘Not later than 12 months after the date of ergy Security and Infrastructure Act of research and development of advanced nuclear enactment of the Nuclear Energy Innovation 2015, which is a large portion of the Capabilities Act, the Department shall transmit reactor systems, and reactor systems for space language we are considering today. exploration. to the Committee on Science, Space, and Tech- ‘‘(2) Developing computational tools to simu- nology of the House of Representatives and the This legislation, together with provi- late and predict nuclear phenomena that may be Committee on Energy and Natural Resources of sions from the Committee on Natural validated through physical experimentation. the Senate 2 alternative 10-year budget plans for Resources and the Committee on

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.001 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3199 Science, Space, and Technology, would percent of the United States’ elec- Mr. Speaker, the bill flagrantly binds be the first major piece of energy legis- tricity, with no greenhouse gas emis- the U.S. to an outdated dependency on lation in 8 years, and it addresses many sions. It is imperative that hydropower fossil fuels while failing to offer any outdated aspects of our Federal energy remains a vital part of any future. constructive, forward-looking policies policy. The all-of-the-above energy strategy to incentivize the development and the Mr. Speaker, I yield 3 minutes to the also means that the future of American deployment of clean energy. gentleman from Michigan (Mr. UPTON), energy does not need to be a series of As you know, Mr. Speaker, many of the chairman of the Committee on En- choices between the environment and the bills contained in the House ergy and Commerce. the economy. By introducing 21st cen- amendment include controversial pro- Mr. UPTON. Mr. Speaker, I would tury regulatory reforms that reflect visions that the minority party has re- like to wish the chairman a happy our energy abundance, and with the peatedly opposed at both the com- birthday. DOE’s Quadrennial Energy Review as a mittee level as well as here on the It has been nearly a decade since we guide, this bill will help bring about House floor. Additionally, Mr. Speaker, last considered an energy package like needed reforms and continued innova- many of these same poison pill amend- this. In that time, a lot has changed. tion across the energy sector. ments in the bill have already received Continued innovation and discovery The legislation before us today is the veto threats from the Obama adminis- across the energy sector have brought product of a thorough assessment of tration. about a new landscape of abundant sup- the gap that we face between our stale So, Mr. Speaker, with a bill that fails ply and tremendous potential for eco- energy regulations and our budding en- to modernize our energy infrastruc- nomic growth. This has been a ergy supply. H.R. 8 closes the gap. I ture, that fails to invest in job-creating multiyear, multi-Congress effort, and a urge my colleagues to support it. clean energy technologies, and that lot of work has gone in to make sure Mr. RUSH. Mr. Speaker, I yield my- fails to cut carbon pollution, it is safe, that the bill that we put forward to self such time as I may consume. Mr. Speaker, to proclaim to this body support the future of American energy Mr. Speaker, when members of the that we still have a long, hard, and is truly comprehensive. Together with Committee on Energy and Commerce cumbersome road ahead if we are ever our colleagues, I am proud to be mov- first began to address a comprehensive to reach a point of finding consensus, ing this legislation one step closer to bipartisan energy bill in the beginning bipartisan consensus. becoming the new reality for energy of 2015, there was a sense of hopeful- Unfortunately, Mr. Speaker, I cannot producers and consumers across the ness, a sense of optimism that the com- support this bill before us. I urge my country. mittee would once again set the stand- colleagues to oppose it as well. This bill is about jobs. It is about ard for working together to get things Mr. Speaker, I reserve the balance of keeping energy affordable. It is about done on behalf of the American people my time. Mr. WHITFIELD. Mr. Speaker, I boosting our energy security here and in a spirit of bipartisan cooperation. At that time, Mr. Speaker, many of yield 3 minutes to the distinguished across the globe. H.R. 8 is the embodi- us on the minority side had enormous gentleman from Oregon (Mr. WALDEN), ment of an all-of-the-above energy expectations that we would draft a bill who is a member of the Committee on strategy. One of the most important that would move our energy policy for- Energy and Commerce and is quite fa- provisions is, in fact, modernizing and ward in a manner befitting the chal- miliar with energy issues. protecting critical energy infrastruc- lenges facing our Nation in this, the Mr. WALDEN. I thank my colleague ture, including the electric grid, from 21st century. from Kentucky for his great work on new threats, including severe weather Specifically, Mr. Speaker, from my this legislation and his thoughtful from climate, cyber threats, and phys- perspective, a comprehensive energy leadership on these issues over many ical attacks as well. bill would need to modernize the Na- years. It helps to foster and promote new tion’s aging energy infrastructure, Mr. Speaker, for all your work on 21st century energy jobs by ensuring train a 21st century workforce, and ad- this legislation to make much-needed that the Department of Energy and our dress the critically important issue of reforms to modernize energy policy labs and universities work together to manmade climate change. Unfortu- into something that better promotes train the energy workforce and entre- nately, Mr. Speaker, none of these affordability, reliability, and ensures preneurs of tomorrow. It makes energy issues are addressed in the bill that we we have the energy we need to con- efficiency, including Federal Govern- are voting on here today. tinue growing jobs in our communities, ment energy efficiency, a priority, and This 800-page hodgepodge of Repub- I say thank you. focuses less on creating new mandates lican and corporate priorities is noth- Among the many strong provisions in and subsidies to incentivize behavior ing more than a majority wish list of this bill, several are particularly im- and more on market changes and using strictly ideological bills, many of portant to the West and our rural com- the government as an example. which the minority party opposes and munities across central, eastern, and Finally, it helps update existing laws the Obama administration and the southern Oregon. that bring some added certainty to per- American people do not support. For farmers and ranchers in the mitting processes and helps to promote Outside of just a few minor crumbs Klamath Basin, this bill ensures that using our abundant resources to aid in thrown in to represent the priorities of they will actually get a formal seat at diplomacy. For example, by stream- the minority party, including my the table when there is consultation lining the approval process for projects workforce development legislation, the with Federal agencies on decisions such as the interstate natural gas pipe- bill almost contains nothing that the under the ESA. Irrigators in this area lines and LNG export facilities, the leg- American people could support or rally have long been impacted by these deci- islation will allow businesses at the behind. Specifically, Mr. Speaker, the sions, and it is only fair they should cutting edge of research to keep put- underlying bill, H.R. 8, does little more have an equal seat at the table with ting the full scope of energy abundance than take us backwards in terms of en- other entities during these discussions. to work for consumers both here and ergy policy, while also providing loop- Perhaps one of the timeliest provi- abroad. This allows us to provide an holes to help industry avoid account- sions, Mr. Speaker, as we head into for- energy lifeline to our allies across the ability and to avoid further regulation. est fire season in the West, are the pro- globe. H.R. 8 contains efficiency provisions visions that provide for streamlined Provisions within H.R. 8 and others that will actually increase energy use planning and would reduce frivolous that have been included in the amend- and energy costs to consumers, putting lawsuits and speed up the pace of forest ment under consideration today also industry interests above the public in- management across our public lands. seek to capitalize on energy sources terest. This House, 4 years in a row now, that the administration has rejected. The bill’s hydropower title weakens after we pass this, has considered H.R. 8 brings much-needed reforms to longstanding environmental review much-needed legislation to fix the the hydropower licensing process as procedures and curtails State, local, management of our Federal forests. well, a clean energy source that, to- and tribal authority over projects in Now the Senate will have an oppor- gether with nuclear, provides some 25 their respective lands. tunity to join us in this effort, as we

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.040 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3200 CONGRESSIONAL RECORD — HOUSE May 25, 2016 amend this legislation and send it on As we prepare to head to conference, publicans are approaching this con- over to the Senate. Our forested, rural we have a second chance to do things ference. We should be trying to narrow communities, Mr. Speaker, have wait- right and to produce a new, bipartisan the differences and move closer to the ed long enough. They have choked on energy bill. Unfortunately, that is not bipartisan Senate product. smoke summer after summer long what we are doing today. The Repub- Instead, we are going in the opposite enough. They have seen their water- lican majority has decided to replace direction, voting on an 800-page mon- sheds get destroyed by catastrophic the consensus Senate bill with a new strosity energy package that the Re- fire. It is time to fix the problem. pro-polluter package that dwarfs the publican leadership has stitched to- Now, a couple other specifics, Mr. original H.R. 8. gether from pieces of pro-polluter bills Speaker, on national forests across When crafting the House amendment that passed the Senate only to die in eastern Oregon. before us today, the Republican caucus the Senate or on the President’s desk. Forest managers’ hands are tied by a decided to tack on over 30 extraneous Voting once on these fundamentally one-size-fits-all rule prohibiting the bills to an already bad piece of energy flawed ideas was more than enough. We harvest of trees over 21 inches in di- legislation that the President promised shouldn’t make a mockery of the con- ameter. This measure was imple- to veto. While a number of these new ference process and be using the House mented temporarily in 1997 but still additions are noncontroversial bills, floor to try to raise the dead. has not been lifted 20 years later, just many of these provisions are divisive, The House amendment to S. 2012 has about. It represents really poor dangerous, and have drawn veto one central theme binding its energy science. It only serves as a source of threats of their own. provisions: an unerring devotion to the frequent appeals and litigation. Re- The House amendment to S. 2012 energy of the past. It is the Republican pealing this will give our forest man- weakens protections for public health Party’s 19th century vision for the fu- agers the flexibility they need to use and the environment, undermines ex- ture of U.S. energy policy in the 21st modern science to actually manage the isting laws designed to promote effi- century. forests for healthier conditions. ciency, and does nothing to help realize I strongly oppose the House amend- b 1430 the clean and renewable energy poli- ment, obviously, and I urge my col- Last month the Bureau of Land Man- cies of the future. leagues to do the same. agement released their proposed re- And, of course, this so-called energy Mr. WHITFIELD. Mr. Speaker, I source management plan for Oregon’s infrastructure bill provides absolutely yield 5 minutes to the gentleman from unique O&C lands in southern and no money to modernize the grid or our Texas (Mr. SMITH), who is a real expert western Oregon. Frankly, it is a ter- pipeline infrastructure. on energy issues. rible plan. The House amendment is a back- Mr. SMITH of Texas. Mr. Speaker, Despite a clear statutory require- ward-looking piece of energy legisla- first of all, I want to thank the gen- ment that they manage these lands for tion at a time when we need to move tleman from Kentucky, Chairman sustainable timber production and rev- forward. WHITFIELD, for yielding me time. enue to the counties—dare I say, jobs Let me highlight some of the most I am pleased to support the House in the community—the BLM’s plan harmful provisions solely from the ju- amendment to the Senate Energy Pol- goes the other way. It locks up 75 per- risdiction of the Energy and Commerce icy Modernization Act. cent of the lands and harvests less than Committee. Division D of this legislation includes half the minimum level directed by the This bill eliminates the current Pres- the three energy titles from the O&C Act. This is a job killer. idential permitting process for energy Science Committee’s House-passed leg- This bill includes bipartisan legisla- projects that cross the U.S. border. islation, H.R. 1806, the America Com- tion that I wrote, working with my col- Such action would create a new, weak- petes Reauthorization Act of 2015, and leagues from Oregon, Representatives er process that effectively rubber- H.R. 4084, the Nuclear Energy Innova- DEFAZIO and SCHRADER, to cut costs, stamps permit applications and allows tion Capabilities Act. Division D is increase timber harvest and revenue to the Keystone pipeline to rise from the both pro-science and fiscally respon- local counties, and direct BLM to re- grave. sible and sets America on a path to revise their flawed management plan to It makes dangerous and unnecessary main the world’s leader in innovation. actually reflect the underlying act. changes to the FERC natural gas pipe- America’s economic and productivity Mr. Speaker, this is good energy leg- line siting process at the expense of growth relies on government support of islation. This is good natural resource private landowners, the environment, basic research to enable the scientific legislation. This is sound environ- and our national parks. breakthroughs that fuel technological mental legislation. I urge its passage. It harms electricity consumers at all innovation, new industries, enhanced Mr. RUSH. Mr. Speaker, I yield 4 levels by interfering with competitive international competitiveness, and job minutes to the gentleman from New markets to subsidize uneconomic gen- creation. Jersey (Mr. PALLONE), the outstanding erating facilities. These facilities Title V reauthorizes the Department ranking member of the full committee. would otherwise be rejected by the of Energy Office of Science for 2 years. Mr. PALLONE. Mr. Speaker, I want market in favor of lower cost natural It prioritizes the National Labora- to thank Mr. RUSH for managing the gas and renewable options. tories’ basic research that enables re- opposition to the bill so successfully. It strikes language in current law searchers in all 50 States to have ac- Mr. Speaker, today we are consid- that requires Federal buildings to be cess to world-class user facilities, in- ering the House amendment to S. 2012, designed to reduce consumption of fos- cluding supercomputers and high-in- the mistitled North American Energy sil fuels. tensity light sources. Security Act of 2016. This legislation It creates loopholes that would per- The bill prevents duplication and re- once again shows us the vastly dif- mit hydropower operators to dodge quires DOE to certify that its climate ferent paths taken by the two Cham- compliance with environmental laws, science work is unique and not rep- bers of Congress. including the Clean Water Act, and licated by other Federal agencies. On the one hand is the Senate energy gives preferential treatment to electric Title VI likewise reauthorizes DOE’s bill that the House intends to go to utilities at the expense of States, applied research and developmental conference on. It passed by a vote of 85– tribes, farmers, and sportsmen. programs and activities for fiscal year 15 because it is balanced and because it It contains an energy efficiency title 2016 and fiscal year 2017. It restrains contains a number of nonenergy provi- that, if enacted, would result in a net the unjustified growth in spending on sions that the public supports over- increase in consumption and green- late-stage commercialization efforts whelmingly, such as permanent fund- house gas emissions compared to cur- and focuses instead on basic and ap- ing for the Land and Water Conserva- rent law. plied research efforts. tion Fund. On the other hand, the Frankly, Mr. Speaker, this is not a Division D also requires DOE to pro- House energy bill was the result of a legitimate exercise in legislating, and vide a regular strategic analysis of highly partisan process that the Presi- it speaks volumes about the total lack science and technology activities with- dent threatened to veto. of seriousness with which House Re- in the Department, identifying key

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.041 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3201 areas for collaboration across science that, in many cases, eliminates envi- grid, and smart grid-capable labels on and applied research programs. ronmental reviews, and the experts say products to enhance consumer choice. This will reduce waste and duplica- the bill will actually accelerate cli- These are items I believe should re- tion and identify activities that could mate change. main in any final energy package. Un- be better undertaken by States, insti- So if the Republican energy package fortunately, the Republicans have load- tutions of higher education or the pri- was a car, it wouldn’t just be stuck in ed the bill with nonconstructive lan- vate sector, and areas of subpar per- neutral, it would be stuck in reverse guage. formance that should be eliminated. because it harkens back to the energy One such provision is language from Title VII proposes to cut red tape and policies of decades ago rather than H.R. 2898 that would harm California’s bureaucracy in the DOE technology America’s growing clean energy econ- delta and the economies of the fami- transfer process. It allows contractor omy of the future. lies, farmers, and communities I rep- operators of DOE National Labora- Let’s not go backwards. Let’s move resent. There is no way this language tories to work with the private sector Americans forward and put money should be part of an energy package. It more efficiently by delegating signa- back into the pockets of our hard- is just an add-on. It just shows how ture authority to the directors of the working neighbors. desperate the Republicans are to push National Labs themselves rather than I urge the House to reject the GOP through this bad policy. DOE contracting officers for coopera- amendment. Because of this, I regretfully oppose tive agreements valued at less than $1 Mr. WHITFIELD. Mr. Speaker, I this legislation. million. would like to inquire how much time is Mr. Speaker, our Nation’s energy and Also included is H.R. 4084, Energy remaining on both sides. electricity systems need upgrades and Subcommittee Chairman RANDY The SPEAKER pro tempore. The gen- modernization. Climate change needs WEBER’s House-passed Nuclear Energy tleman from Kentucky has 43⁄4 minutes to be addressed. The Senate companion Innovation Capabilities Act. It pro- remaining. The gentleman from Illi- bill does not address these issues. vides a clear timeline for DOE to com- nois has 4 minutes remaining. So, again, unfortunately, I have to plete a research reactor user facility Mr. WHITFIELD. Mr. Speaker, I oppose this legislation. within 10 years. This research reactor yield 1 minute to the gentleman from b 1445 will enable proprietary and academic California (Mr. VALADAO). research to develop supercomputing Mr. VALADAO. Mr. Speaker, I want Mr. WHITFIELD. Mr. Speaker, I re- models and design next generation nu- to thank my colleagues on both com- serve the balance of my time. clear energy technology. mittees of jurisdiction here, Energy Mr. RUSH. Mr. Speaker, I yield 1 H.R. 4084 creates a reliable mecha- and Commerce and Natural Resources. minute to the gentleman from Cali- nism for the private sector to partner The language that they allowed to be fornia (Mr. GARAMENDI). with DOE labs to build fission and fu- put into this energy bill from my water Mr. GARAMENDI. Mr. Speaker, I sion prototype reactors at DOE sites. bill is something that truly makes a want to say we have been here before. Overall, Division D sets the right pri- difference for the constituents of the Last night we argued about under- orities for Federal civilian research, Central Valley. taking the water wars of California. which enhances U.S. competitiveness We have been suffering over these Once again, here we are. This time, as while reducing spending and the Fed- last few years, and what it has done is last night, legislation dumped into this eral deficit by over $550 million. devastated our communities. We have energy bill that will gut the environ- I encourage my colleagues to support unemployment numbers reaching as mental protections of the delta and this bill. high as 30 and 40 percent. We see num- San Francisco Bay, destroy the fish- Mr. RUSH. Mr. Speaker, I yield 2 bers even in some smaller communities eries, destroy the economy of the delta minutes to the gentlewoman from as high as 50 percent. To see these and water for millions of people. Florida (Ms. CASTOR), an outstanding things happen in our communities is a Why would we want to do this? and hardworking member of the En- total tragedy, and it doesn’t have to Well, presumably, to take care of the ergy and Power Subcommittee and the happen. All we need is some common- water interests of the San Joaquin Val- Energy and Commerce full committee. sense legislation. ley, not southern California, but the Ms. CASTOR of Florida. I thank the We have tried reaching out. We have San Joaquin Valley alone. It makes no gentleman, Ranking Member RUSH, for passed legislation out of the House a sense whatsoever. It is the wrong pol- his leadership on energy solutions for few different times. We have nego- icy. America. tiated and tried to get somewhere, but We have to let science govern the Mr. Speaker, I rise in opposition to we weren’t able to do it. delta. We have to operate the delta the Republican amendment because it So finding another way to get this based upon the very best possible is a giveaway to special interests and it onto our Senators’ desks so that they science available, do the pumping, do is a missed opportunity to craft a bi- can actually take some action and get the exports, consistent with the protec- partisan package of energy policies it to the President’s desk is of the ut- tion of the ecology and the environ- that meet the challenges of the 21st most importance. ment of the delta; that is fish, that is century and boost America’s clean en- I appreciate all the leadership and all the land, that is the water systems. ergy economy. the help from both committees to help The ESA, the Clean Water Act, and The GOP-led Congress is out of sync this move forward. the biological opinions, cannot be over- with the American public and out of Mr. RUSH. Mr. Speaker, I yield 2 run. Yet, this legislation does exactly touch with what is happening in elec- minutes to the gentleman from Cali- that. tricity generation across America. fornia (Mr. MCNERNEY). We ought to vote ‘‘no’’ on this bill. The future is about energy efficiency Mr. MCNERNEY. Mr. Speaker, I These particular sections should be re- and geothermal, renewables like solar, thank Ranking Member RUSH. I also moved. wind power, and biomass. In fact, the want to thank my colleagues on the Mr. WHITFIELD. Mr. Speaker, I re- U.S. Energy Information Administra- Energy and Commerce Committee, in- serve the balance of my time. tion says renewable energy is the cluding the chairman of the sub- Mr. RUSH. Mr. Speaker, may I in- world’s fastest growing energy source. committee, for their hard work. quire how much time I have remain- That means innovative, cost-saving I am pleased to have several bipar- ing? energy investments for our neighbors tisan measures included in the legisla- The SPEAKER pro tempore. The gen- and businesses back home. That means tion, including reforming hydropower tleman from Illinois has 11⁄2 minutes we are going to create jobs through the licensing, addressing efficiency in Fed- remaining. clean energy economy and, at the same eral buildings, enhancing the energy- Mr. RUSH. Mr. Speaker, I yield my- time, reduce carbon pollution. water nexus, verification of cyber-resil- self the balance of my time. Instead, in this amendment, the GOP ient products for the grid, authoriza- Mr. Speaker, I just want to reempha- doubles down on dirty fuel sources. It tion of water programs, an update of size that, for the minority side to sup- logrolls 36 bills into a single package our national policy on the future of the port this bill and its going forward,

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.043 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3202 CONGRESSIONAL RECORD — HOUSE May 25, 2016 there must be provisions included in Federal buildings using any fossil fuels the health and resilience of our Na- the bill that will address the deeply after the year 2030. tion’s forests. felt concern that our Members have We think that is pretty draconian. So We understand the problem clearly. continually expressed. we said we are not going to mandate Our forests are overgrown due to years Specifically, Mr. Speaker, our Mem- the use of fossil fuels, but in keeping of neglect. This problem cannot be bers would like to see funding to mod- even with the President’s statements solved immediately, but we have an ob- ernize the Nation’s energy infrastruc- about an all-of-the-above energy pol- ligation to our rural communities to do ture. Our Members want to see invest- icy, we wanted a provision in there everything we can to help mitigate the ment in clean energy technology. Our that would repeal that so if there was problem. Members want to see resources to train a time in the future when we needed In drafting this bill, we included pro- a 21st century workforce. Our Members fossil fuels because fossil fuels are still visions which would allow our Federal want to see policies to transition our providing about 50 to 60 percent of all land management agencies to be able economy away from the energy sources the electricity in America—even more to shorten lengthy environmental re- of the past and towards the sustainable than that—coal and natural gas. view periods when they already under- energy sources of the future. So this provision simply says we are stand the environmental impacts of a Mr. Speaker, without these provi- going to allow it. We are not man- proposed management action. This bill sions, this bill won’t go very far. dating it, but the government has the also encourages and rewards collabora- Mr. Speaker, I encourage all Mem- option, after 2030, of using fossil fuel in tion between diverse stakeholder bers of this House to vote ‘‘no’’ on this government buildings. We think that is groups. so-called energy bill. It is a relic. It is a sensible approach, but our friends on The Natural Resources Committee backwards-looking. It puts the Nation the other side of the aisle had dug in recognizes the chilling effect of unnec- on a reverse course. the sand so much, they refused that: essary litigation and how that can pre- Mr. Speaker, I yield back the balance We will not support it if that is in vent needed restoration work from oc- of my time. there. curring in our Nation’s forests. The Mr. WHITFIELD. Mr. Speaker, I So some of these provisions that we committee heard testimony from a va- yield myself such time as I may con- all wanted, we don’t have in here, but riety of experts who testified about sume. we are trying to do the best that we how restoration work is not being pro- To our friends on the other side of can do. posed by the Forest Service for fear the aisle, I want to thank them for I think this is a major step forward that it will be litigated. My bill takes the simple step of re- working with us on this legislation. I for the American people, and I would quiring anyone who litigates a forest know it is difficult to please everyone. urge everyone to support S. 2012, the management project to post a bond if Any time you talk about energy Energy Policy Modernization Act of they are challenging a project put today, of course, people raise the issue 2016, and the House amendment to it. forth by a collaborative effort. It is not of climate change. And I might say Mr. Speaker, I yield back the balance unreasonable to ask a litigant who that America does not have to take a of my time. threatens an urgently needed project back seat to any country in the world Mr. WESTERMAN. Mr. Speaker, I that is put forth by a diverse group of on climate change. We have 64 different yield myself such time as I may con- stakeholders to have some skin in the government programs addressing cli- sume. game. mate change, so I think America is I rise in strong support for the inclu- This bill also recognizes the reality doing more on that issue than anyone sion of H.R. 2647, the Resilient Federal that we must rethink the manner in else. Forests Act, in the House amendment which we fund the fighting of cata- But we have other problems that we to S. 2012. strophic wildfires. The Forest Service have to deal with as well. For example, The House passed H.R. 2647 with 262 is burdened with having to transfer the U.S. Energy Information Adminis- bipartisan votes last July, and it has funds from other accounts in order to tration estimates that power outages been waiting for Senate action since cover the cost of wildfire suppression. in America cost Americans at least then. Just last year, the Forest Service was $150 billion annually. One of the rea- When we passed the bill nearly a year forced to transfer $243 million from sons we have a lot of power outages is ago, we knew we were facing a severe other agency accounts during 1 week in because of our infrastructure needs, wildfire season. We were correct. More August in order to pay for firefighting but also because of regulations coming than 10.1 million acres of forest land costs. These transfers disrupt the very out of this administration. burned across the country, the largest work that reduces the risk of wildfires One of the provisions in this bill re- number of acres ever recorded. Over in the first place. quires FERC to analyze the impact on 4,500 homes and other structures were H.R. 2647 addresses this issue by al- electric reliability of new Federal regu- destroyed. lowing catastrophic wildfires to be lations that have many experts con- Mr. Speaker, these fires destroyed treated like any other natural disaster. cerned. So we want an analysis of all valuable resources, and emitted in the The Department of Agriculture and the these regulations and its impact on re- order of magnitude of 100 million tons Department of the Interior would be liability. of carbon into the atmosphere while able to access FEMA’s Disaster Relief We have heard a lot of discussion burning up the equivalent renewable Fund to help fight wildfires when all about the need for work-training pro- energy stored in our forests of 20 to 30 appropriated accounts are exhausted. grams for people to work in energy, in billion gallons of gasoline. Tragically, This provision was drafted in a fiscally the renewable sector, and all sectors. these fires also claimed the lives of responsible manner to ensure that And we had a serious discussion with seven firefighters who worked coura- fighting these fires does not become a our friends on the other side of the geously to stop the spread of these drain on our budget. aisle as we were marking up this legis- wildfires into communities. Mr. Speaker, this bill will not make lation. We had basically agreed on a When the House passed H.R. 2647 last a difference in the health of our Na- provision to provide training for Afri- summer, we hoped that the passage tion’s Federal forests overnight, but it can Americans, for Hispanics, for would spur action from the Senate. Un- provides urgently needed tools to help women, and for other minorities, to get fortunately, that has not been the case. our land management agencies to re- them involved in the energy field, We have waited patiently for the Sen- duce the threat of catastrophic which we all wanted to do. We even ate to offer its own legislation so we wildfires in our communities and to be provided some money for that training could sit down and negotiate a com- good stewards of a treasured national program. promise. However, that has not been resource. But we had said, if we do this, we the case, so we should again ask the I urge my colleagues to support the want to change a couple of provisions Senate to act on forestry reform. House amendment to S. 2012 so that we in the 2005 Energy Policy Act. For ex- H.R. 2647 is premised on a simple can go to conference and work out a so- ample, in that act, there was a prohibi- idea: that the Forest Service and the lution to the many problems facing our tion against the Federal government in BLM need to do more work to restore Nation’s Federal forests.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.044 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3203 Mr. Speaker, I reserve the balance of the stewardship of public lands, water, divides. In fact, the State and Federal my time. and natural resources throughout the agencies have been working effectively Mr. HUFFMAN. Mr. Speaker, I yield West. over the past few years to maximize myself such time as I may consume. I am pleased to see Western priorities water deliveries to the delta to com- Today I rise in opposition to the lit- included in this bill, from the drought- munities down south. any of bad, environmentally harmful stricken California to the responsible Federal and State agencies have bills that the House Republican leader- production of strategic and critical maximized what little water exists in ship is offering in place of the bipar- minerals on Federal lands. They are the State. A lack of water is our big- tisan Senate energy bill. critical to national defense and make gest threat, not operational flexibility. Now, the Senate bill, S. 2012, was possible modern amenities like Last night we heard about wasted sound policy and represented real smartphones and tablets. water. What hasn’t been said is that progress on many important issues, but On tribal lands, the House amend- water that flows to the ocean pushes the package we are considering today ment will empower tribes with more the saltwater out away from our farms is a dangerous threat. Not only is this authority over their own land. The best and allows a path for salmon to the package bad for drought-stricken forestry bill we have seen in years ocean. States like California, but it includes a came from Mr. WESTERMAN, and he just The majority hasn’t reauthorized wish list of giveaways for the fossil fuel talked about it. WaterSmart. They haven’t supported and mining industries, it undermines Finally, the sportsmen’s title will re- investments in recycling. They have vital Endangered Species Act protec- store much-needed attorney fee trans- cut funding for the Department of the tions, and it undermines public review. parency under the Equal Access to Jus- Interior’s efforts to boost water assist- b 1500 tice Act. This law was created to help ance. They haven’t voted on water in- small businesses, veterans, and Social frastructure improvements. How do we This is not a promising start to con- Security beneficiaries when they have prepare for the future either in wet or ference negotiations. Why are we wast- to take the Federal Government to dry years? This House isn’t willing to ing our time on a package of partisan court. But it is being used on endless make those kinds of investments. bills that we have considered before public lands litigation with con- Our Nation loses approximately 2 and which we all know will never be sequences for sportsmen’s access and trillion gallons of water because of signed into law? Even worse than the substance, Re- other multiple use of public lands. aging infrastructure. That is about 6 publicans shot down the request to Finally, this would reinstate the Fish billion gallons of water wasted every consider this bill under an open amend- and Wildlife Service’s own rulemaking day. The SPEAKER pro tempore. The ment process. Now, I, for one, would regarding gray wolves in Wyoming and time of the gentleman has expired. have recommended many changes if we Western States. Mr. Speaker, I urge my colleagues’ Mr. HUFFMAN. Mr. Speaker, I yield were allowed to consider this very con- support. the gentleman from California an addi- troversial omnibus bill under regular Mr. HUFFMAN. Mr. Speaker, I yield tional 30 seconds. order. Just to name a few: The House amendment we are consid- 2 minutes to the gentleman from Mr. MCNERNEY. There are invest- ering today continues the unending Stockton, California (Mr. MCNERNEY), ments that can be made to recycle threats that Congress poses under cur- who continuously fights for his dis- water and find wasteful leakage. For rent management to the health of the trict’s water interests and the interests example, the State of Israel recycles 90 bay delta and the vital salmon runs of California as they pertain to our percent of its water. California recy- that are so important to California and most important estuary, the bay-delta cles only 15 percent. Instead, the Re- to my district, not to mention specific system. publicans have pushed language that Mr. MCNERNEY. Mr. Speaker, I threats to the San Joaquin River and results in diminished fish populations thank the gentleman for yielding. to the Klamath and Trinity River sys- and worsens saltwater intrusion, which Mr. Speaker, we had a debate last tems, their salmon fisheries, and the affects the water being exported that night about a familiar issue—Califor- people that depend upon them; permanently damages some of our The House amendment we are consid- nia’s drought. It is something that im- most productive farmland in the world. ering today would bring back from the pacts all of us, including Oregon and Mr. Speaker, this is not a solution. It dead the undeniably harmful Keystone Washington State, not just people is a step backward. I am disappointed XL pipeline; south of the delta. with this bill, and I urge my colleagues The House amendment we are consid- Unfortunately, H.R. 2898 was included to oppose it. ering today would roll back building in the Energy and Water Development Mr. WESTERMAN. Mr. Speaker, I codes; appropriations bill, and it is alarming yield 3 minutes to the gentleman from It would be harmful to forest man- that the House Republicans have Virginia (Mr. WITTMAN). agement policy and wildfire mitigation tacked the same language onto the en- Mr. WITTMAN. Mr. Speaker, I rise to because it uses a short-sighted model ergy bill. This shows the desperation of support the House amendment to S. for funding instead of bringing forward the House Republicans to force this bad 2012, the Energy Policy Modernization the actual fix to the fire borrowing legislation through. Act of 2016. problem, the bipartisan legislation by As I said last night, these provisions The House amendment includes the Representatives SIMPSON and SCHRA- would further drain freshwater from Sportsmen’s Heritage and Recreational DER that I have supported each of the the California delta. These provisions Enhancement Act of 2016, better known last several years but we never seem to would damage the delta’s ecosystem as the SHARE Act, which passed with be able to actually bring to a vote in and harm the communities I represent. bipartisan support in February in the this House. It harms some people to benefit others House. I urge my colleagues today to vote just because one side has the power to The SHARE Act is part of a group of for the Senate energy bill in its current do it. commonsense bills that will eliminate form, in its original form, which is the I represent the seventh largest agri- unneeded regulatory impediments, result of true, bipartisan compromise, cultural county in the Nation, so I un- safeguard against new regulations that so we can actually get that legislation derstand the needs of farmers and impede outdoor sporting activities, and and all of its useful provisions over the ranchers and the impact that water has protect Second Amendment rights. finish line. on the ability to produce the Nation’s These packages were similarly intro- Mr. Speaker, I reserve the balance of fruits, nuts, and vegetables. duced and passed in the 112th and 113th my time. Unfortunately, H.R. 2898 would weak- Congresses. Mr. WESTERMAN. Mr. Speaker, I en the Endangered Species Act and set Outdoor sporting activities, includ- yield 2 minutes to the gentlewoman a precedent of undermining environ- ing hunting, fishing, and recreational from Wyoming (Mrs. LUMMIS). mental protections. It also exacerbates shooting are deeply engrained in the Mrs. LUMMIS. Mr. Speaker, I am a water war in the West just at a time fabric of the United States’ culture and pleased this amendment will improve when we are working to bridge those heritage. Values instilled by partaking

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.045 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3204 CONGRESSIONAL RECORD — HOUSE May 25, 2016 in these activities are passed down are desperate to have Washington rec- right of all: that those who live where from generation to generation and play ognize that we cannot continue the water originates have access to it. a significant part in the lives of mil- status quo. That is why northern California water lions of Americans. Our Nation’s food supply is an issue districts and farmers in my area Much of America’s outdoor sporting of national security, and we are de- strongly support this bill. activity occurs on our Nation’s Federal pendent upon it. We don’t think about The measure accelerates surface lands. Unfortunately, Federal agencies it that way, but it is a fact. The water storage infrastructure projects like the U.S. Forest Service and the drought impacts in California and the that over two-thirds of Californians Bureau of Land Management often pre- West are not going to get better. With voted to fund, updating the system last vent or impede access to Federal land climate change, they are going to con- expanded four decades ago. One of for outdoor sporting activities. Because tinue to get worse. Passing this bill is these projects, Sites Reservoir, would lack of access is one of the key reasons part of a continuing effort to try to get have saved 1 million acre-feet of water sportsmen and -women stop partici- something done. The Federal Govern- this winter alone, enough to supply 8 pating in outdoor sporting activities, ment cannot continue to ignore the million Californians for a year. We ensuring the public has reliable access drought and the devastating impacts simply can’t expect 40 million people to our Nation’s Federal lands must re- not only in the San Joaquin Valley, to survive on infrastructure designed main a top priority. The SHARE Act but statewide and Western States-wide. for half that, yet that is exactly what does just that. Parts of the valley are parched and members of the minority party argue One of the key provisions of this bill, without water, and we must continue for. the Recreational Fishing and Hunting to raise this issue every way we can. We have heard wild claims about how Heritage Opportunities Act, will in- That is why we are doing this. Getting this measure could harm endangered crease and sustain access for hunting, this legislation passed is part of an ef- species, but in reality it lives within fishing, and recreational shooting on fort to fix California’s broken water the ESA and the biological opinions. Federal lands for generations to come. system. Rather than alter the ESA—and be- Specifically, it protects sportsmen and There was talk about issuing an allo- lieve me, I would like to—this measure -women from arbitrary efforts by the cation, and we were hoping for an El improves population monitoring tech- Federal Government to block Federal Nino. Guess what. It didn’t happen. We niques and technology. Wildlife agen- lands from hunting and fishing activi- got a 5 percent water allocation on the cies currently base orders to cut off ties by implementing an open-until- West side. Last year it was zero. The water on hunches, not data. This bill closed management policy. year before it was zero. Zero is zero. It would provide actual facts to end the It also, in the package, provides tools means no water. arbitrary decisions we have seen in re- to jointly create and maintain rec- So let’s try to work together. Let’s cent years. reational shooting ranges on Federal put aside our talking points and the Finally, this bill sensibly allows lands and allows the Department of the political posturing for not only Cali- more water to be stored and used dur- Interior to designate hunter access cor- fornia farmers, farmworkers, and farm ing winter storms when river flows are ridors through National Park units so communities, but American families highest and there is no impact to fish that sportsmen and -women can hunt who count on having nutritious, populations. Even as delta outflows and fish on adjacent Federal lands. healthy, and affordable food on their surpassed 100,000 acre-feet per second The package also protects Second dinner table every night. this year, as we see in this graphic Amendment rights and the use of tradi- Mr. WESTERMAN. Mr. Speaker, I here, during 2016, the water saved was tional ammunition and fishing tackle. yield 2 minutes to the gentleman from even less by a percent than during low- It defends law-abiding individuals’ con- California (Mr. LAMALFA). flow years. stitutional rights to keep and bear Mr. LAMALFA. Mr. Speaker, I thank The SPEAKER pro tempore. The arms on lands managed by the Corps of the gentleman from Arkansas for his time of the gentleman has expired. Engineers and ensures that hunters are help and for all his good work and for Mr. WESTERMAN. Mr. Speaker, I not burdened by outdated laws pre- his vast knowledge of trees and for- yield the gentleman an additional 30 venting bows and crossbows from being estry. I appreciate it. seconds. Mr. LAMALFA. As a result, the lost transported across national parks. Mr. Speaker, today the House has an This important legislation will sus- opportunity to advance real reforms opportunity of filling one of our largest tain America’s rich hunting and fishing and modernize the outdated policies reservoirs. San Luis Reservoir is barely traditions, improve access to our Fed- that are preventing responsible man- half full. This bill ensures that, when eral lands for responsible outdoor agement of California’s water re- we have more water, it is saved for sporting activities, and help ensure sources. later use, which helps all Californians. that current and future generations of Title I of division C of this measure Why wouldn’t we want to do this? Mr. Speaker, we can’t wait any sportsmen and -women are able to includes language developed through longer. It is time that we end the rhet- enjoy the sporting activities this coun- exhaustive bipartisan, bicameral nego- oric, end the obstruction, and address try holds dear. tiations passed repeatedly by the the crisis that threatens our State’s Mr. Speaker, I strongly encourage House with bipartisan support. While strong economic livelihood. my colleagues to vote ‘‘yes’’ on this the House has taken action on this If Marin County and San Francisco important achievement. issue, including this language today can get all the water they need, how is Mr. HUFFMAN. Mr. Speaker, I yield ensures that California’s Senators can it fair that districts in the Central Val- 1 minute to the distinguished gen- no longer ignore the crisis facing our ley get only 5 percent of their alloca- tleman from Fresno, California (Mr. State. tion when water is aplenty? COSTA). This Chamber has heard quite a bit Mr. COSTA. Mr. Speaker, I thank Mr. about California’s water woes over the b 1515 HUFFMAN for yielding me the time. last few years, including some claims Mr. HUFFMAN. Mr. Speaker, I yield Mr. Speaker, I rise to support the that don’t meet the threshold of fact, myself such time as I may consume. amendment in the Energy Policy Mod- and it is time we set the record Calling the Valadao water bill bipar- ernization Act that was reflected in straight. tisan does not make it genuinely so. Congressman VALADAO’s legislation, Some falsely claim this bill Let me just share with my colleagues H.R. 2898, of which I am a cosponsor. It prioritizes one area over another. As what Senator DIANNE FEINSTEIN has is an important effort to try to fix the sole Representative of the source of said about this bill. She said it con- California’s broken water system. the vast majority of California’s usable tains ‘‘provisions that would violate We cannot continue to kick this can water, I can state this measure in- environmental law,’’ which she cannot down the road as we have for the last cludes the strongest possible protec- support. several years. Unfortunately, that is tions for northern California area of or- California Senator BARBARA BOXER what has continued to happen. Farms, igin and senior water rights. It safe- said the bill is ‘‘the same-old, same-old farm communities, and farmworkers guards the most fundamental water and will only reignite the water wars.’’

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.047 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3205 The Obama administration opposes layan mountains touching into the best days are not behind us. We will this bill. The State of California not heavens. not quietly manage our decline. I re- only opposes these provisions, but has I was blessed, blessed more than I ject the idea that we have reached the opposed all previous incarnations of knew, to grow up in such a place, a heights of our shining city on a hill, this bill, which has been bouncing place called California. It is so distinc- and that it is time to come back down around for some time, long before the tive and impressive, it is unreal. Warm, to a world of limits and uncertainty. current drought gave it a new drought- sun-drenched beaches, snowcapped The choice is ours to make because as related title. mountains, great cities, forests, Americans we write our own future. I will just close with what the Fresno deserts, farmland growing fruits, nuts, That is what this vote means for me Bee has said about this bill. and vegetables stretching as far as the and for every Californian. The laws The Fresno Bee says about this bill: eye can see. It is a place that is always governing water are broken. The bu- ‘‘In some cases, it’s an unabashed GOP filled with promise and potential. In reaucracy is working against the peo- wish list’’ that has ‘‘little, if anything, many ways, California’s history mir- ple. The system is holding us back, but in common with a 140-page draft water rors the history of America. It started this is not how it has to be. bill floated by Democrats.’’ as nothing much, but people came and California has long been a reflection Mr. Speaker, I yield 3 minutes to the they built it. We grew and prospered. of America’s promise. We also helped gentlewoman from California (Ms. We became the envy of the world. America to realize its promise. We led MATSUI), who has long fought to pro- Like America, today, California faces the way in media, technology, agri- tect the delta and the interests of her great uncertainty. Some problems are culture, and even space. Bring the region. the same, shared by the entire Nation, water back and I know we will lead Ms. MATSUI. Mr. Speaker, I rise in but California and almost the entire America once again, and help to re- strong opposition to the House amend- Western United States are enduring store hope in our future. ment to S. 2012, the Energy Policy something much worse—the drought. Mr. HUFFMAN. Mr. Speaker, I yield Modernization Act. The drought has lingered for years. El myself such time as I may consume. Although this bill contains some im- Nino helped alleviate some of the prob- I share the majority leader’s view portant provisions overall, it raises lem, but the drought continues. Com- that California is a unique and iconic barriers to our clean energy future by munities have less water, farmland and majestic place. I would only add reversing important progress we have that once fed the world now sits dry. that part of what makes it so includes made to curb emissions and combat cli- People are losing their livelihoods and the great rivers and iconic salmon runs mate change. House Republicans have their hope. There is no way to end the in California from the Central Valley made a bad bill worse by attaching drought, but it doesn’t have to be as to the North Coast, where I represent, harmful provisions that will have a bad as it is. and the incredibly important bay-delta Now, water that can be stored is negative impact on consumers, public estuary, the most ecologically impor- being lost. Bureaucrats release fresh- health, and our environment. tant estuary on the West Coast of the water out to the sea. Our most valu- Mr. Speaker, I am particularly con- Americas, which despite all of the dam- cerned that this energy package is able resource is being wasted. This matters today because we are age we have done to it over the past being used to advance irresponsible, considering a bill from our colleagues 100-plus years, still teams with water- short-term policies in response to Cali- in the Senate—the Energy Policy Mod- fowl and wildlife and still supports fornia’s drought. The provisions in- ernization Act. Before the Senate salmon that are the staple of the com- cluded in this bill will pit one region of passed this bill, they added several pro- mercial salmon fishing industry, not our great State against another in- visions, including language to address just in California, but in Washington stead of providing a balanced, long- water issues in Washington State. and Oregon. term solution. I have to say, Mr. Speaker, that I am That is why groups who advocate for We need to be taking an all-of-the- very happy that the Senate brought these fisheries, folks who make their above approach to our drought by ad- this up. After all, if we are going to ad- living by depending on these fish, are vancing wastewater recycling projects, dress the water issue in Washington uniformly against the Republican investing in groundwater storage, and State, we should address the water water bill that has been added in by encouraging new technologies that issue across the West. So we included way of this amendment. Fishing jobs allow us to responsibly manage our in our amendment to the legislation matter, too. It is part of what makes water usage. Representative VALADAO’s Western California great. There is no one that I actually grew up on a Central Val- Water and American Food Security understands that better than my col- ley farm. My grandparents farmed in Act. We passed this last year in the league, MIKE THOMPSON. Reedley, California, and I grew up in House so we could build more water Mr. Speaker, I yield 3 minutes to the Dinuba. So I understand that the de- storage and increase our reservoirs gentleman from California (Mr. THOMP- bate over water is complicated and per- while still allowing water to flow SON). sonal to so many, but I believe that we through the Sacramento delta. Mr. THOMPSON of California. Mr. can balance the needs of our farmers Water is so necessary for our con- Speaker, I thank my friend for yielding and urban centers while protecting our stituents that we aren’t stopping with time. drinking water supply and our eco- this bill. We have already began con- Mr. Speaker, I rise in opposition to systems. Our American families de- sideration of the Energy and Water Ap- the amendment to the Senate bill that serve an energy package that brings us propriations bill, which includes even is before us. forward, not backwards. more provisions to deal with the California is in a true state of emer- I urge my colleagues to vote ‘‘no’’ on drought. gency when it comes to water. We are the Energy Policy Modernization Act So there is a simple message for our in a multiyear drought. And even after of 2015. Democrat colleagues in the Senate. this winter’s El Nino, only one of our Mr. WESTERMAN. Mr. Speaker, I House Republicans won’t stop. We will State’s reservoirs are filled to capac- yield 1 minute to the gentleman from keep passing bills until our people get ity. California (Mr. MCCARTHY), our distin- the water they need. Because once we The drought is having a serious im- guished, hardworking, and, above all, get water, so much of the uncertainty pact on families, on farms, on farmers, compassionate and fair majority lead- facing California and the entire West on fishers, and on businesses across er. will be brushed aside. California. We need science-based, Mr. MCCARTHY. Mr. Speaker, I You see, California and America as a long-term solutions to our State’s thank the gentleman for yielding. whole face a crisis of bad governance. water challenges, and this bill is not Mr. Speaker, there are places in this Many look around and see life isn’t the solution. world that hold people’s imagination— getting any better. They wonder if our It won’t help our State to improve Washington, D.C., New York City, and Nation is in decline. water efficiency and make the most of Paris, the great rolling plains crossed But that is not who we are, not as the water that we have. It is based on by American pioneers, and the Hima- Americans and not as Californians. Our the misguided assumption that our

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.048 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3206 CONGRESSIONAL RECORD — HOUSE May 25, 2016 water crisis can be remedied by pump- person’s well in their community to amounts of water in the last few years ing more water south. The truth is we another community. This is water that have been wasted for environmental haven’t pumped more water south be- is going out into the ocean that they purposes. cause there simply isn’t enough water. are advocating that we go and spend The State Water Resources Control We are in a drought. more taxpayer money and desalinate so Board in California estimates that, in The provisions we are debating today that we can bring it right back. 2014, only 4 percent of all runoff in the redefine the standard by which the En- When it comes to protecting the bay-delta watershed flowed into the dangered Species Act is applied. This delta, which we all want to do, I would San Francisco Bay solely for environ- will weaken the law, increase the risk actually recommend that the commu- mental protection, again, because of species extinction, and lead to costly nities around the delta stop dumping there are other values, other benefits, litigation. their sewage in it. With over 300 mil- to this outflow that sustains water You will hear the other side talk lion gallons of sewage being dumped in quality and other values in the system. about how this is necessary because we the delta on a daily basis, you would In 2015, the State estimates that it are letting millions of gallons of water think that would have a bigger impact was only 2 percent of the runoff in the wash out to sea in order to protect fish on the delta species and everything watershed that made it through the when that water could have been else that is going on there than a little system for environmental purposes pumped to farmers in California’s Cen- bit of water being pumped. only. It is important that we bear tral Valley. There were periods this past winter those facts in mind. The reality is that water needs to alone where there was 150,000 cubic feet The SPEAKER pro tempore. The gen- keep moving through the delta so that of water per second going through that tleman from California has 45 seconds saltwater doesn’t wash in, jeopardizing delta. We are asking for 5,000, and at remaining. water quality for farms and for com- those high periods maybe 7,500. Think Mr. HUFFMAN. Mr. Speaker, I yield munities, including cities in my dis- about that. 150,000 cubic feet per sec- the balance of my time to the gen- trict that rely on the delta for their ond, and we are asking for 7,500, as if tleman from California (Mr. freshwater supply. we are going to pump a delta dry and DESAULNIER) from Contra Costa Coun- It is important to note that this bill have a huge impact. I would still argue ty. sets a dangerous precedent for every that dumping your sewage in the delta Mr. DESAULNIER. I thank my col- other State in our country. California would have a bigger impact on those league. I will try to be brief. has a system of water management species than anything else. Mr. Speaker, this debate reminds me rules that have endured for a long b 1530 of the old expression by Mark Twain time, but this bill overrides water reg- If you are truly concerned with pro- that, in California, whiskey is for ulations developed by Californians tecting those species, you would think drinking and water is for fighting. themselves, and tells local resource you would take some of the legislation So for those of you who are listening, managers and water districts how to that we have in there that has to do as somebody who has represented the administer their water supplies. with the invasive species, the predator delta in local and State government If we pass this bill, we are telling species, the striped bass that is actu- and now at the Federal level for 25 every State in America that we are ally consuming baby salmon and is also years, I think we are doing well in Cali- okay with the Federal Government un- consuming the delta smelt. fornia. dermining local experts and State laws We know that it is happening. I have In a recent op-ed by Charles from coast to coast. seen studies that point to as much as 98 Fishman, who is an expert on water re- We need real solutions that are based percent of delta smelt being consumed sources of the United States, the title on science and that work for everyone. by this striped bass. of it is ‘‘How California is Winning the If you can set the science aside in Cali- Why don’t we take a look at the leg- Drought.’’ fornia, you can do it anywhere. You islation that is in this bill now and ac- He writes in this article that it has have no protection for your resources. tually adopt it and have a real impact been the driest 4-year period in Cali- This isn’t about farmers versus fish. and save these species for our future fornia history and the hottest, too. It is about saving salmon, saving cities generations. It is time top stop playing Yet, by almost every measure, except in the delta, delta farmers, north of games and hurting other communities. perception, California is doing fine— delta farmers, and resources across our We are looking to capture a little bit not just fine—California is doing fabu- country. of water that goes to the delta. Obvi- lously. It has grown 27 percent more I am not insensitive to the supply ously, a lot was wasted this year. We than the rest of the country, and the and demand reality of California’s are not trying to steal from anybody agricultural industry has also grown. water. I understand the concerns of else. It is a fair and very equitable ask. He goes on to write that more than Central Valley farmers. Remember, I It has little impact on the delta. half of the fruits and vegetables that am one. Ag is big in my district, too. If there are those who really want to are grown in the United States come But if your well runs dry, the solution protect the delta, let’s look at every from California farms and that last isn’t to steal water from your neigh- part of it, including the sewage, includ- year, 2014, in the third growing season bors. ing the invasive species. I think there of the drought, both farm employment This bill isn’t the solution. It is bad is a lot of room to compromise, and I and farm revenue increased slightly. for the millions who depend on the would appreciate the opportunity. I ask my colleagues to oppose the bill delta for their livelihoods, it is bad for Mr. HUFFMAN. Mr. Speaker, I yield because it jeopardizes not just the California, and it is bad for States myself such time as I may consume. delta, but California’s economy. across our country. When I hear my colleagues across the Mr. HUFFMAN. I yield back the bal- I urge all of my colleagues to vote aisle continually describe outflow ance of my time. ‘‘no’’ on this measure. through the delta estuary as water Mr. WESTERMAN. Mr. Speaker, I Mr. WESTERMAN. Mr. Speaker, I that is somehow wasted and available yield myself the balance of my time. yield 2 minutes to the gentleman from to be taken for any purpose, it requires Perfect policy is rare or even impos- California (Mr. VALADAO). us often to remind them that this delta sible. Good policy requires hard work, Mr. VALADAO. Mr. Speaker, I al- water system without that outflow sound science, good data and data ana- ways enjoy listening to my friends on would not be available to millions of lytics, common sense, and a little bit the other side of the aisle say that this Californians for drinking water and it of give-and-take. Mr. Speaker, this is is theft, that we are stealing water. would not be available to the Central good policy, fair policy. Most impor- This graph has been used a few times. Valley for agricultural irrigation be- tantly, it will provide for a better way This is the amount of water going cause that outflow maintains salinity of life for Americans. through the delta in 2015, and this is control and water quality in this very I urge support for S. 2012, as amend- when it was exported; in 2016, the complex water system. ed. amount of water going out into the It is also incorrect—and, yet, we con- Mr. Speaker, I yield back the balance ocean. This is not stealing from one tinue to hear it regularly—that huge of my time.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.049 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3207 Ms. LORETTA SANCHEZ of California. Mr. Mr. Peters moves to commit the bill S. periencing intense droughts, longer Speaker, I rise today to express my concerns 2012, as amended, to the Committee on En- wildfire seasons, and water shortages with the Energy Policy Modernization Act of ergy and Commerce, with instructions to re- and flooding, and sea levels are rising port the same back to the House forthwith, at twice the rate they were 20 years 2016. This bill passed the Senate with over- with the following amendment: whelming bipartisan support; however this bill Add at the end the following: ago, threatening to cause destructive contains unnecessarily controversial language TITLE XI—CONSIDERATION OF IMPACTS erosion, powerful storms, the contami- which will jeopardize its passage here in the SEC. 11001. CONSIDERATION OF IMPACTS. nation of agriculture, and lost habitat House. Many of the bills included in today’s Because the scientific consensus is un- for wildlife. House amendment have passed largely along equivocal that climate change is real, noth- We have to make sure that Federal party lines and have received veto threats ing in this Act shall prevent a Federal agen- permitting and construction learns the from the White House. cy from considering potential climate im- lessons from these trends and these For example, the House Amendment con- pacts during any permitting, siting, or ap- events and that we account for the ef- tains The Western Water and American Food proval process undertaken pursuant to this fect of rising seas, increased winds, and Security Act, a bill which aims to address Cali- Act. drought on the buildings and infra- fornia’s record drought. As we all know, Cali- Mr. PETERS (during the reading). structure that we approve and build. fornia has been in a severe drought which has Mr. Speaker, I ask unanimous consent We have to build resiliency into Fed- devastated its water supply. Although this bill that the reading be dispensed with. eral decisionmaking, not dodge the includes language to address California’s cur- The SPEAKER pro tempore. Is there question. A bipartisan Bloomberg re- rent water crisis, I do not believe that it takes objection to the request of the gen- port estimated that, if we do not ad- into account the concerns of all major stake- tleman from California? dress climate change, between $66 bil- There was no objection. lion and $106 billion worth of coastal holders. Yes, we need to increase storage Mr. WHITFIELD. Mr. Speaker, I re- property in the United States will be sites, reexamine infrastructure to move water serve a point of order. to the south, and take immediate steps to pro- The SPEAKER pro tempore. A point below sea level by 2050. vide water to the farmers who put food on our of order is reserved. Third, we need to bring our Federal tables. We also cannot afford to ignore the en- Pursuant to the rule, the gentleman practices into line with what is already vironment as our kids and their kids will have from California is recognized for 5 min- happening outside of the United States to live in it. utes in support of his motion. Congress, the only entity in the world I believe we must put everything on the Mr. PETERS. Mr. Speaker, my with its collective head in the sand on table. All community stakeholders should be amendment simply expresses some- the reality of climate change. involved as we address California’s short-term thing scientists know to be true and There are 175 countries that are on and long-term water future—and this must be something that is recognized every- board. That is how many signed the done immediately. Last week during National where in the world but in these halls of historic Paris Agreement on the first Infrastructure Week, I spoke about the impor- the United States Congress, that cli- day it was open for signature. There tance of investing in California’s water infra- mate change is real and influenced by are 154 companies that are on board structure. We should utilize our resources to human activity. We need Congress to with Paris, and businesses across the capture, reuse, and recycle our precious water get on board with a response, not to country have committed to putting for future generations. stand in the way. That is important for forward climate targets by reducing The House amendment also contains harm- at least three reasons. carbon emissions and becoming more ful language from the National Strategic and First, if we are to lower the rate and energy efficient. Critical Minerals Production Act of 2015. This impact of greenhouse gas emissions, we PepsiCo, Apple, Qualcomm, Nestle, legislation would allow mining companies to need Federal action. Kellogg’s, and Starbucks are among set their own rules regarding environmental re- The largest source of greenhouse gas the private businesses that have in- views. It would also cripple the permitting au- emissions in the United States is from cluded sustainability and alternative thority under the National Environmental Pol- burning fossil fuels, which raises at- energy as smart business practice, and icy Act, or NEPA. Another bill added into this mospheric levels of CO2. the Department of Defense, our own package, the North American Energy and In- Super pollutants like methane and military, is on board, acting now to ad- frastructure Act, increases our reliance on fos- HFCs are many times more potent dress the impacts of climate change. sil fuels and cripples the Department of Ener- than CO2 and are the most significant In January, the Pentagon released a gy’s ability to enforce energy efficiency stand- drivers of climate change. Greenhouse directive stating: ards. gas emissions can affect coastal re- The Department of Defense must be able to Further provisions in this bill would curtail gions, energy, defense, food supplies, adapt current and future operations to ad- NEPA even further, threaten wildlife protec- wildfire preparedness, and our quality dress the impacts of climate change in order tions, and ban the results of Department of of life. to maintain an effective and efficient United Energy-supported research from being used to That is why just last month the States military. create assessments. Mr. Speaker, this legisla- United States signed the historic Paris Mr. Speaker, let’s take a cue from tion hurts our environment, our wildlife, our climate agreement so as to reduce the rest of the world, the American pri- public health, and our energy independence. emissions by at least 26 percent by vate sector, and the Pentagon and con- The SPEAKER pro tempore. All time 2025. As a country that contributes 17 sider climate change in permitting and for debate has expired. percent of the world’s greenhouse gas siting. Pursuant to House Resolution 744, emissions, we pledge to do our part. For some of my colleagues on the the previous question is ordered on the This follows President Obama’s exec- other side, the politics of simple facts bill, as amended. utive order on climate change, which may be frightening, but U.S. leadership The question is on the third reading established national sustainability to curb climate change is not about of the bill. goals for the Federal Government. We politics or ideology. The bill was ordered to be read a need Congress to support these efforts, It is about security, ensuring the third time, and was read the third not to get in the way. health of our citizens and of our fami- time. Second, all new national plans and lies, and seizing the unprecedented eco- MOTION TO COMMIT projects should consider these effects nomic opportunity of the clean energy Mr. PETERS. Mr. Speaker, I have a of climate change as we make decisions revolution. The stakes of climate motion to commit at the desk. about what and where to build infra- change have never been higher. The The SPEAKER pro tempore. Is the structure and to permit projects. time to act is now. gentleman opposed to the bill? Extreme weather conditions are at I yield back the balance of my time. Mr. PETERS. I am opposed in its cur- an all-time high. One of my first votes Mr. WHITFIELD. Mr. Speaker, I rent form. as a Member of Congress was to fund a withdraw my reservation of a point of The SPEAKER pro tempore. The response to Superstorm Sandy with an order. Clerk will report the motion to com- appropriation of $60 billion off budget. The SPEAKER pro tempore. The res- mit. That is just going to keep happening, ervation of a point of order is with- The Clerk read as follows: folks. Regions around the world are ex- drawn.

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.020 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3208 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Mr. WHITFIELD. Mr. Speaker, I rise We agree that climate change is an SEC. 2. REPEAL OF LOCAL BUDGET AUTONOMY in opposition to the gentleman’s mo- issue. We simply disagree with this AMENDMENT ACT OF 2012. tion to commit. President’s unilateral action in trying Effective with respect to fiscal year 2013 and each succeeding fiscal year, the Local The SPEAKER pro tempore. The gen- to decide the way it is addressed. Budget Autonomy Amendment Act of 2012 tleman from Kentucky is recognized We are amending the Senate bill be- (D.C. Law 19–321) is hereby repealed, and any for 5 minutes in opposition to the mo- cause we want to use some common- provision of law amended or repealed by such tion to commit. sense approaches so that we can con- Act shall be restored or revived as if such Mr. WHITFIELD. Mr. Speaker, the tinue to bring down CO2 emissions. We Act had not been enacted into law. main objection here and the basis of can also allow our economy to expand, SEC. 3. CLARIFICATION OF ROLES OF DISTRICT the motion to commit relates to cli- to create jobs, and we don’t have to GOVERNMENT AND CONGRESS IN mate change. Contrary to the gentle- take a backseat to any country in the LOCAL BUDGET PROCESS. man’s statement that the House does world. The U.S. is doing as much as (a) CLARIFICATION OF APPLICATION OF FED- ERAL APPROPRIATIONS PROCESS TO GENERAL not recognize climate change, all of us any country in the world on climate FUND.—Section 450 of the District of Colum- recognize that the climate is changing. change. bia Home Rule Act (sec. 1–204.50, D.C. Official We do, however, have some signifi- I might also say that we expect that Code) is amended— cant differences with the President of our carbon dioxide emissions will re- (1) in the first sentence, by striking ‘‘The the United States and with some other main below our 2005 levels through the General Fund’’ and inserting ‘‘(a) IN GEN- Members of the House and Senate in year 2040. Now, if you look at India, if ERAL.—The General Fund’’; and that we, many people, do not believe you look at China, if you look at many (2) by adding at the end the following new that climate change is the number one developing countries and even at parts subsection: ‘‘(b) APPLICATION OF FEDERAL APPROPRIA- issue facing mankind. There are many of Europe, they do not meet that TIONS PROCESS.—Nothing in this Act shall be other issues as well. standard. construed as creating a continuing appro- The United States does not have to Let’s be pragmatic. Let’s use com- priation of the General Fund described in take a backseat to anyone on this mon sense. That is precisely what we subsection (a). All funds provided for the Dis- issue. The Congressional Research attempt to do with our amendments to trict of Columbia shall be appropriated on an Service recently reported that over 18 S. 2012, the Energy Policy Moderniza- annual fiscal year basis through the Federal Federal agencies are already admin- tion Act of 2016. appropriations process. For each fiscal year, istering climate change programs. I would respectfully request that we the District shall be subject to all applicable There are over 67 individual climate deny this motion to commit. requirements of subchapter III of chapter 13 and subchapter II of chapter 15 of title 31, change programs in the Federal Gov- Mr. Speaker, I yield back the balance of my time. United States Code (commonly known as the ernment. We are already spending in ‘Anti-Deficiency Act’), the Budget and Ac- excess of $15 billion a year on climate b 1545 counting Act of 1921, and all other require- change. The SPEAKER pro tempore. Without ments and restrictions applicable to appropriations for such fiscal year.’’. One of the problems that we have is objection, the previous question is or- that the President has been acting uni- (b) CLARIFICATION OF LIMITATION ON AU- dered on the motion to commit. THORITY OF DISTRICT OF COLUMBIA TO CHANGE laterally on this issue. He went to Co- There was no objection. penhagen and made agreements. He EXISTING BUDGET PROCESS LAWS.—Section The SPEAKER pro tempore. The 603(a) of such Act (sec. 1–206.03(a), D.C. Offi- went to Paris and unilaterally entered question is on the motion to commit. cial Code) is amended— the United States into an agreement The question was taken; and the (1) by striking ‘‘existing’’; and without there being any consultation Speaker pro tempore announced that (2) by striking the period at the end and in- with the U.S. Congress, without dis- the noes appeared to have it. serting the following: ‘‘, or as authorizing cussing it with U.S. Congress on what Mr. PETERS. Mr. Speaker, on that I the District of Columbia to make any such he was agreeing to. He used that agree- demand the yeas and nays. change.’’. ment in order to have the EPA issue its The yeas and nays were ordered. (c) EFFECTIVE DATE.—The amendments Clean Power Plan. The SPEAKER pro tempore. Pursu- made by this section shall take effect as if In the Clean Power Plan, the EPA ar- ant to clause 8 of rule XX and the order included in the enactment of the District of Columbia Home Rule Act. bitrarily sets CO2 limits for every of the House of today, further pro- State in America and each State would ceedings on this question will be post- The SPEAKER pro tempore. The bill have had to have had its State imple- poned. shall be debatable for 1 hour, equally divided and controlled by the chair and mentation plan adopted by this Sep- f tember except that, since Congress was ranking minority member of the Com- CLARIFYING CONGRESSIONAL IN- not involved and since many people mittee on Oversight and Government TENT IN PROVIDING FOR DC throughout the country were vitally Reform. HOME RULE ACT OF 2016 concerned about this unilateral action, The gentleman from Utah (Mr. they took the only thing available to Mr. CHAFFETZ. Mr. Speaker, pursu- CHAFFETZ) and the gentlewoman from them, and that was to file a lawsuit to ant to House Resolution 744, I call up the District of Columbia (Ms. NORTON), stop it. the bill (H.R. 5233) to repeal the Local each will control 30 minutes. What happened? It went all the way Budget Autonomy Amendment Act of The Chair recognizes the gentleman to the United States Supreme Court. 2012, to amend the District of Columbia from Utah. I might add that the Supreme Court Home Rule Act to clarify the respec- GENERAL LEAVE issued an injunction to prohibit the im- tive roles of the District government Mr. CHAFFETZ. Mr. Speaker, I ask plementation of the President’s clean and Congress in the local budget proc- unanimous consent that all Members energy plan until there could be fur- ess of the District government, and for have 5 legislative days to revise and ex- ther discussion about it. other purposes, and ask for its imme- tend their remarks and to include any I might also say that Congress had diate consideration in the House. extraneous material on H.R. 5233. many hearings on the clean energy The Clerk will report the title of the The SPEAKER pro tempore. Is there plan. That was our only involvement. bill. objection to the request of the gen- We certainly were not a part of the The SPEAKER pro tempore. Pursu- tleman from Utah? plan. It was interesting that a pro- ant to House Resolution 744, the bill is There was no objection. fessor from Harvard University who is considered read. Mr. CHAFFETZ. Mr. Speaker, I yield generally considered pretty liberal and The text of the bill is as follows: myself such time as I may consume. who taught the President constitu- H.R. 5233 I want to start, Mr. Speaker, by tional law came to Congress and testi- Be it enacted by the Senate and House of Rep- thanking the Delegate from the Dis- resentatives of the United States of America in fied that the President’s clean energy Congress assembled, trict of Columbia (Ms. NORTON). She plan, to use not the President’s words, SECTION 1. SHORT TITLE. pours her heart and soul into her pas- but the professor’s words, ‘‘was like This Act may be cited as the ‘‘Clarifying sion for this country and certainly for tearing up the Constitution and throw- Congressional Intent in Providing for DC the District itself. We happen to dis- ing it away.’’ Home Rule Act of 2016’’. agree probably on this issue. We have

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.052 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3209 agreed on some issues, on some topics; any authority over local revenues first local budget without the assist- and we disagree on others. But I just through the charter amendment or any ance of Federal overseers. Therefore, want to note, Mr. Speaker, how much I other process.’’ And then it went on. this bill would be the most significant appreciate her passion, her commit- His recollections are supported by reduction in the District’s authority to ment, and her desire to represent her the legislative history, particularly a govern itself since Congress granted constituents as vigorously as she does. dear colleague letter sent by then- the District limited home rule in 1973. I also thank the gentleman from Chairman Diggs. Chairman Diggs’ let- Now, as a lawyer myself, I am the North Carolina (Mr. MEADOWS) for inter indicated the comprise language first to concede that lawyers differ troducing H.R. 5233, the Clarifying Con- that became the Home Rule Act was about the validity of the Budget Au- gressional Intent in Providing for DC drafted with the explicit intention of tonomy Act, even when the District Home Rule Act of 2016, and his leader- maintaining the congressional appro- was in the process of enacting it. ship on this issue. He is the sub- priations process for the District funds. What is indisputable, though, Mr. committee chairman who deals with I believe Chairman Diggs’ letter Speaker, is that the Budget Autonomy this issue. He has spent a considerable leaves no confusion as to whether Con- Act is now law; the Budget Autonomy amount of time working on this topic, gress intended to give the District Act has been litigated; and there is working with city leaders, getting to budget autonomy in the Home Rule only one judicial opinion in effect. know the city, and working with them. Act. Therefore, it is clear the District In March, the D.C. Superior Court I appreciate his proactive approach and acted beyond its own authority to upheld the Budget Autonomy Act. Do the manner in which he approaches grant itself budget authority. you believe in the rule of law? It this and his thoughtfulness on this sen- Today’s legislation will clarify the upheld the Budget Autonomy Act. No sitive but important topic. original intent of the Home Rule Act appeal was filed, and the court ordered We are here today to discuss the bill and address any pending legal ques- D.C. officials to implement it. The Superior Court of the District of that would do, just as the title says: tions currently working their way Columbia then evaluated each and clarify the congressional intent behind through the courts. every legal and constitutional argu- the D.C. Home Rule Act passed in 1974. H.R. 5233 will make clear the Local First, a little bit of background Budget Autonomy Act of 2012 is not le- ment you will hear brought forward about the need for this legislation. In gally valid and will ensure the congres- today about whether the Budget Au- tonomy Act violates the U.S. Constitu- December of 2012, the District of Co- sional intent behind the Home Rule tion, the District of Columbia Home lumbia Council disregarded clear limi- Act is preserved. It will also prevent a Rule Act, the Federal Antideficiency tations found in the Home Rule Act of potential violation of the Act, and the Federal Budget and Ac- 1973. In doing so, it passed the Local Antideficiency Act protecting District counting Act. All of that, every last Budget Autonomy Act, or the LBAA, in government employees from adminis- one of it, every last provision has been an attempt to remove Congress from trative and criminal penalties. litigated. the District’s budgeting process. Ultimately, the unilateral action, as The House leadership made the very If the bill is implemented, it would taken by the District in this instance, same arguments in an amicus brief allow the District government to ap- to subsume congressional authority is they filed. There are a whole gang of propriate money without the need for unacceptable. H.R. 5233 recognizes this Members anxious to see that this one any Federal action. In doing so, the need for exclusive congressional au- jurisdiction can’t handle its own Council violated clear legislative authority and stewardship. money. The court, nevertheless, thority granted to Congress by the I, therefore, urge my colleagues to found—indeed, disposed of—all of these Constitution. support the bill and place budget au- arguments. Article I, section 8, clause 17 of the thority for the District firmly back in Specifically, the court upheld the Constitution gives Congress plenary the hands of Congress, the sole place Budget Autonomy Act and held that authority over the District of Colum- where it was intended to be located. the Home Rule Act preserved the then- bia. As with its other powers, Congress I reserve the balance of my time. existing 1973 budget process, but did may delegate some of its authority to Ms. NORTON. Mr. Speaker, I yield not—and this is essential here—did not the local District government, which it myself such time as I may consume. prohibit the District from changing the did when it passed the Home Rule Act I am happy to speak of my friendship local process in the future. The charter back in 1974. Absent the congressional with the chairman of our full com- does not. The charter is like the Con- delegation, the District has no legisla- mittee, and I thank him for his kind stitution. Congress knew how to say: tive power. words. I only hope he will come to Don’t change budget matters discussed As enacted more than 40 years ago, where the two past immediate Repub- in this document. It did not do so. So it the Home Rule Act was designed to lican chairs of the committee—former- had to be interpreted, and it was inter- allow the District to self-govern on Chairman Davis and former-Chairman preted by the District. truly local matters. At the same time, DARRELL ISSA—have come and, that is, The Senate of the United States, at Home Rule preserved a necessary role to support budget autonomy for the the time of the Home Rule Act, passed of Congress in matters that could af- District of Columbia. budget autonomy for the District of fect the Federal Government, including I rise in strong opposition to this Columbia. So you can cite the Diggs congressional authority over the Dis- bill. This bill, that would repeal a law Compromise all you want to. The com- trict’s overall budget. The LBAA, how- approved by 83 percent of the District promise was that budget control now is ever, violates the Home Rule Act and of Columbia voters, would nullify a in the hands of the Congress. But you removes Congress from the District’s court ruling and would permanently will note they have left room in the budgeting process. take away the authority of the 700,000 charter for budget control to come Today’s legislation clarifies the D.C. citizens and their elected officials from the District. That was the com- original intent behind the Home Rule to spend their local funds without con- promise. Act and reinforces the intent of Con- gressional approval. There was no compromise that said gress, our Founding Fathers, and the This bill manages to be unprincipled that the District can never have any Constitution. and impractical at the same time. It is jurisdiction, any final say, over its Importantly, the language of the profoundly undemocratic for any Mem- local budget. Home Rule Act makes it clear it is not ber of Congress in the 21st century to This is, after all, the country that authorizing the District authority over declare that he has authority over any went to war over taxation without rep- its budget. other jurisdiction except his own. It resentation. Imagine saying: you folks, In fact, Mr. Jacques DePuy, then also would harm the finances and oper- you can raise all the money you want counsel to the House subcommittee ations of the District of Columbia. to; but it doesn’t mean anything unless that drafted the Home Rule Act, testi- As a matter of fact, the District of the Congress of the United States fied this month at our committee. He Columbia Budget Autonomy Act is al- passes your budget. said: ‘‘Congress did not intend to dele- ready in effect. The District Council The District followed the charter gate the D.C. Council or District voters has begun the process of passing its procedure that was in the Diggs budget

VerDate Sep 11 2014 05:43 May 26, 2016 Jkt 059060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.058 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3210 CONGRESSIONAL RECORD — HOUSE May 25, 2016 to pass the Budget Autonomy Act. And enough to satisfy any Congress of the total budget of $13.4 billion. Budget au- as the court noted, Congress had the United States? tonomy will make the District—which, authority to pass a disapproval resolu- Until this Congress, Democrats were after all, has no State to fall back on— tion while the referendum was in the not alone in supporting budget auton- even stronger. Congress for 30 days but this Congress omy. President George W. Bush sup- How? did not disapprove it. ported D.C. budget autonomy. The Re- Budget autonomy gives the District The Federal courts also have evalu- publican-controlled Senate passed a what every other local government in ated the validity of the Budget Auton- budget autonomy bill by unanimous the United States enjoys: lower bor- omy Act. A Federal district court, in- consent in 2003. The last two Repub- rowing costs on Wall Street. Imagine deed, did find the act to be invalid. lican chairmen, of whom I spoke today having to do what the District has to But then look at what the U.S. Court as I began to speak myself, who had do: pay a penalty because your budget of Appeals for the District of Columbia the jurisdiction that Chairman has to come to a Congress that knows did. After receiving briefs, reading CHAFFETZ now has—Tom Davis and nothing of your city or your budget, them hopefully and hearing oral argu- DARRELL ISSA—actually fought for, not and they get to vote on it even though ment, the higher court, the Court of simply supported, but fought for budg- your own Member does not. D.C. will Appeals for the District of Columbia, et autonomy. I think they recognized also have improved agency operations, vacated the district court decision al- that this is a set of principles we have and in D.C.’s case, the removal of the together, meaning that that initial de- in common. threat of Federal Government shut- cision against the Budget Autonomy I always thought that local control downs, shutting down the entire D.C. Act had no force or effect. was a cardinal principle of the Repub- government just because Members of lican Party. Even the Republicans’ own Congress can’t figure out what to do b 1600 witnesses at the hearing on this bill about the Federal Government. The Instead of issuing a decision on the who took a position on the policy of Federal Government has benefits, too. merits or sending the case back to the budget autonomy—and that was most Congress would no longer waste time lower Federal court, the Federal ap- of them—supported budget action. on a budget it never amends. peals court, without explanation, sim- Control over the dollars raised by So budget autonomy has no down- ply remanded the case to the Superior local taxpayers is a much-cited prin- side. I am trying to figure out why Court of the District of Columbia, ciple of congressional Republicans, and anybody would want to deal with my which then issued the only existing it happens to be central to our form of budget. Heavens. court ruling on the validity of the D.C. government as held by Democrats and Don’t Members have enough to do? Congress maintains total legislative Budget Autonomy Act. Republicans. The exalted status of control over the District, with all the Is there a rational reason for opposi- local control for Republicans, though, Federal financial controls in place. tion to budget autonomy? keeps being announced as if we need to After all, budget autonomy is not Congress has nothing to lose, can step be retaught. in at anytime they don’t like it. We are statehood, it is not independence, it The Republicans did so again in their not asking for very much. It is for doesn’t take away any of your much- recently released budget. I quote you some loosening of Congressional con- vaunted power. The D.C. budget auton- only one sentence: ‘‘We are humble trol. So, for example, we would not omy act has no effect, indeed, on con- enough,’’ Republicans said, ‘‘to admit have to pay more when we borrow on gressional authority over the District. that the Federal Government does not Under the Budget Autonomy Act, the Wall Street because we are seen as in- have all the answers.’’ That was their volved in a two-step budgetary process; D.C. Council must transmit the local latest abeyance to local control for D.C. budget to Congress for a review one, I might add, that is far more prob- every single American jurisdiction, ex- lematic, the Federal process, than the period before that budget would take cept the American jurisdiction that other, the local process. It also is iron- effect, like all other D.C. legislation happens to be the capital of the United ic to note that Congress granted D.C. under the Home Rule Act, and that is States. budget autonomy during its early about to happen, as I speak. During the Beyond this core principle, budget years. review period Congress can use expe- autonomy has practical benefits that I Yesterday the Committee on Rules dited procedures to disapprove the don’t see how any Member of Congress prevented my amendment to make the budget. can ignore. In a recent amicus brief text of the Budget Autonomy Act Fed- You see, what the District was doing filed by former Congressman Davis: eral law from getting a vote. Today the here was not committing revolution. It ‘‘The benefits of budget autonomy for appropriations subcommittee passed an was using the procedures in place in the District are numerous, real, and appropriation rider containing the text order to gain greater control over its much needed. There is no drawback.’’ of the very bill that is before us on this own local budget. In addition, under One of the other signatories of the floor right now. That makes 2 days, 2 the U.S. Constitution, Congress has brief was Alice Rivlin, a former Direc- identical provisions. Just in case—just total legislative authority over the tor of the Congressional Budget Office, in case anybody would think that Re- District. Congress can legislate on any also a former Director of the White publicans don’t mean it, they are doing District matter at any time, but Con- House Office of Management and Budg- it twice. gress can also delegate any or all of its et. What do they need? An insurance pol- legislative authority over the District, It is with some irony and real pain icy of identical language in case, God and it can take back any delegated au- that I see come to this floor even to forbid, the Senate does not pass this thority at any time. speak against this bill Members whose bill? In 1973, under the Home Rule Act, budgets are not as large as the budget I predict that the Senate won’t pass Congress did just that. It delegated of the District of Columbia, even this bill. So it is on you, Members of most of its authority, its legislative though they come from entire, big the House of Representatives, the peo- authority over the District to an elect- States. The District’s budget is bigger ple’s House, to take the lead in denying ed local government. Congress can del- than the budgets of 14 States. We raise for the people who live in your Nation’s egate more or it can delegate less au- that money ourselves. The District Capital the same control over their thority than provided in the Home raises more than $7 billion in local local budget that you, yourselves, hold Rule Act. It can repeal the Home Rule funds. The District contributes more so dear. You can stand on what you do Act at any time. It can even abolish Federal taxes to the Treasury of the today, but you won’t stand up straight the government of the District of Co- United States than 22 States. The Dis- because what you do today, if you vote lumbia. trict of Columbia is number one in fed- to take away our budget autonomy My friends, I ask you: Is that enough eral taxes per capita paid to the Fed- bill, will not be standing on principle. authority for you? Over 700,000 Amer- eral Government, and the District is in Mr. Speaker, I reserve the balance of ican citizens who are not your con- better financial shape than most cities my time. stituents, is that enough for you? Is and States in the United States, with a Mr. CHAFFETZ. Mr. Speaker, I yield that enough power? Why is that not rainy day fund of $2.17 billion on a such time as he may consume to the

VerDate Sep 11 2014 08:27 May 26, 2016 Jkt 059060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.076 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3211 gentleman from North Carolina (Mr. There can be little doubt that Con- the complete appropriations for Con- MEADOWS), the chief sponsor of this gress intended to reserve that power gress. Again, another individual who bill. for itself. The language of the Home supports budget autonomy recognizes Mr. MEADOWS. Mr. Speaker, I would Rule Act itself is clear. Both the the intent of Congress. like to thank the gentleman from former and the current attorney gen- So, in moving ahead with the Local Utah, Chairman CHAFFETZ, for his eral for the District, as well as the Budget Autonomy Act, the District strong statement in support of H.R. former Mayor, believe the Local Budg- government is usurping congressional 5233, the Clarifying Congressional In- et Autonomy Act to be unlawful and authority, and inaction would under- tent in Providing for DC Home Rule contrary to the Home Rule Act. mine not only this institution, but all Act of 2016. Mr. Irvin Nathan, the former attor- organs of government across this Na- As we begin debate on this important ney general, testified before the House tion. bill, I would like to first take the op- Committee on Oversight and Govern- To suggest that any city council’s ac- portunity to reiterate that I firmly be- ment Reform that numerous sections tion, whether it be here in the District lieve that the Local Budget Autonomy of the Home Rule Act prohibit the Dis- or in any other city in the country, Act is, indeed, unlawful and null and trict’s action. could unilaterally overturn the intent void. The Home Rule Act clearly pro- Mr. Nathan, who supports the policy, of Congress would set a bad precedent. vides that the District’s budget shall as my good friend acknowledged, who Regardless of the precedent, however, pass through the Federal appropria- actually supports the policy of budget such action by local government is a tions process, preserving Congress’ role autonomy, even stated that he believed blatant violation of the Supremacy in the passage of that budget. the Federal District Court’s opinion in- Clause and, therefore, unconstitu- However, because of the precedent validating the Local Budget Autonomy tional. that allowing the District to usurp the Act was, indeed, a correct opinion. Moreover, as a result of the unlawful congressional authority may set, and Beyond the clear language, the legis- way in which the budget autonomy is the potential negative consequences lative history makes it clear, Mr. purported to have been achieved, Dis- that the District government employ- Speaker, that Congress had no intent trict government employees are now at ees may face for enforcing the Local to delegate to the District the author- risk of the Antideficiency Act and the Budget Autonomy Act, I have intro- ity for the budgetary process. In fact, sanctions therein. Under the Antideficiency Act, absent duced H.R. 5233. Mr. Jacques DePuy, who participated I would further say that my good a congressional appropriation, the Dis- in the drafting of the Home Rule Act friend, the Delegate from the District trict may not expend or obligate funds. itself, made it clear in testimony be- of Columbia, Ms. ELEANOR HOLMES Doing so will result in potential crimi- fore Congress that, indeed, Congress NORTON, indeed is a friend, and I appre- nal or administrative penalties for not did not intend to delegate the appro- ciate her passionate way that she al- only the District’s elected officials, but priations powers to the District. The ways represents her constituency. the line level employees charged with While we disagree on the debate and legislative record of the Home Rule purchasing items for the District. the merits of that debate, I can’t help Act supports Mr. DePuy. The GAO testified that they main- One such piece of the record is, in- but acknowledge my friendship with tain that the Local Budget Autonomy deed, the Diggs letter, which the chair- her and, truly, her passion for the peo- Act violates the Home Rule Act and ple who she serves. man referenced earlier, that was issued the Antideficiency Act, despite the su- H.R. 5233 will repeal the Local Budg- by Chairman Charles Diggs. The letter perior court’s decision. H.R. 5233 would et Autonomy Act and reinforce Con- describes how it was clarifying the in- repeal the Local Budget Autonomy Act gress’ intended role in the budgetary tent of Congress by making several and prevent the District government process. As many of you know, Con- changes, including reserving Congress’ employees from having to worry that gress was granted that exclusive legis- role in the budgetary process. the purchases they make on behalf of lative authority over the District in The Diggs letter highlighted a piv- the District may indeed violate the Article 1, section 8, clause 17. This ex- otal aspect of the congressional intent law. clusive authority was explained further in the Home Rule Act. It represents a H.R. 5233 will also augment the al- in the Federalist 43 as being a crucial compromise in response to the Senate’s ready clear prohibitions on the District component in keeping the Federal Gov- Home Rule Act, which actually in- in altering the role of Congress in the ernment free from potential influence cluded a form of budget autonomy. budget process, ensuring that Congress’ by any State housing the government’s The compromise does not indicate intent and constitutional authority, seat. that Congress intended to grant the Mr. Speaker, remains in place. There was a distinct worry that plac- District budget autonomy. To the con- Ms. NORTON. Mr. Speaker, I yield 3 ing the seat of the Federal Government trary, what the Diggs compromise rep- minutes to the gentleman from Mary- in a territory where Congress was not resents is that there could be no Home land (Mr. HOYER) the Democratic Whip the sole sovereign would, indeed, im- Rule Act, absent an express reservation and my good friend from a neighboring pact its integrity. Therefore, the of the role of Congress in the District’s jurisdiction. Founding Fathers saw fit to authorize budget process. (Mr. HOYER asked and was given Congress to create the District and act I believe there can be no stronger permission to revise and extend his re- as the sole legislative authority for the statement that Congress intended to marks.) District. reserve its appropriation role than the Mr. HOYER. Mr. Speaker, I thank As seen in Federalist 43, the Found- fact that the Home Rule Act would the gentlewoman for yielding, and I ing Fathers believed that Congress have failed, absent that reservation. thank the gentleman from North Caro- would delegate some of those exclusive Importantly, both of these men, Mr. lina for outlining his position. authorities to the District, specifically Irvin and Mr. DePuy, who support We are a nation of laws. The gen- the power to deal with solely local budget autonomy further believe that tleman has indicated a court has ruled matters. In 1973, Congress made a deci- the District’s action is illegal and, on this issue—an opinion with which he sion to enact such legislation when therefore, null and void. disagrees—and we have a mechanism they passed the Home Rule Act. I want to be clear on this. We are not for overturning or clarifying or chang- here today to make a power grab ing such a ruling, and that is the court b 1615 against the District, as some would system. That case may well reach the In that act, Congress provided the suggest. We are here, Mr. Speaker, to Supreme Court. District with the authority to have the uphold the rule of law. I rise in opposition to this piece of jurisdiction over legislative matters on At the committee’s hearing, even the legislation, which, in my opinion, is an a limited basis. But—and this is a criti- chairman of the Council of the District exercise in hypocrisy. Why do I say cally important point—Congress re- of Columbia was forced to acknowledge that? That can be a harsh word. We are served for itself, and prohibited the that it was clear that the majority of witnessing the party that proclaims District from altering, the role of Con- the Members of Congress who passed itself to be the champion of local au- gress in the budgetary process. the Home Rule Act intended to reserve tonomy and less Federal Government

VerDate Sep 11 2014 08:27 May 26, 2016 Jkt 059060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.059 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3212 CONGRESSIONAL RECORD — HOUSE May 25, 2016 involvement in local affairs—we hear Mr. HOYER. The gentleman is very Now Republicans want to erode the District that all the time—bring to this floor generous, and I appreciate it. of Columbia’s hard-earned right to govern legislation that would do exactly the I would say to my friends, the Dis- itself. opposite. trict of Columbia deserves the same re- I thank my friend the gentlewoman from the The District of Columbia’s over spect that any of our governments de- District of Columbia, Ms. HOLMES NORTON, for 700,000 American citizens deserve a serve and that, in fact, we demand for her impassioned defense of Washingtonians’ form of home rule not characterized by them. And I always lament how the unalienable right to have a say. constant and intrusive micromanaging District is demeaned. And I will continue to stand with her to de- by congressional Republicans or Demo- When I was the majority leader, I mand that right be recognized—and in seeking crats. made sure that Ms. NORTON had a vote Now, if I were to ask unanimous con- on the floor of this House and that the for the District of Columbia the real budget au- sent that we substitute the District of Virgin Islands’ Representative had a tonomy, home rule, and representation in Con- Columbia and perhaps include Mil- vote on the floor of this House. One of gress that its people deserve. waukee, Wisconsin—now, I am not the first things you did when you took The SPEAKER pro tempore. Mem- going to ask for that—I am sure I the majority was take that away. bers are reminded to direct their re- would get objection. Or, if I might ask It was not a vote that made a dif- marks to the Chair. that Salt Lake City be substituted or ference. It was a vote that was sym- Mr. CHAFFETZ. Mr. Chairman, I perhaps even Baltimore, Maryland, my bolic. But it gave them the opportunity have no additional speakers, and I re- own city in my State, or maybe even to have their name as our equals, as serve the balance of my time. Charlotte, North Carolina, those of us Americans, on that board and express Ms. NORTON. Mr. Speaker, how who represent those four cities would their opinion. much time does each side have remain- stand and say: This is not your role, Let us not take this degree of auton- ing? Congress of the United States. omy away from them. Let us respect The SPEAKER pro tempore. The gen- Speaker RYAN just released a state- these local citizens as you would want tlewoman from the District of Colum- ment in which he said: ‘‘The current your local citizens respected. bia has 8 minutes remaining. The gen- I urge the defeat of this legislation. If D.C. government needs to be reined tleman from Utah has 1 minute re- the courts tell us that they could not in.’’ maining. From where? From balanced budgets? do this, so be it, but let us let the sys- From surpluses in their budgets? tem work its will. Ms. NORTON. Mr. Speaker, I yield 2 Reined in? They are a model, I would Mr. Speaker, I rise in opposition to this bill, minutes to the gentlewoman from the suggest, of fiscal responsibility. Not al- which is an exercise in Republican hypocrisy. Virgin Islands (Ms. PLASKETT), my very ways, but today. But then again, none We are witnessing the party that proclaims good friend. of our jurisdictions have always been itself to be a champion of local autonomy and Ms. PLASKETT. Mr. Speaker, I such a model. less Federal Government involvement in local thank the gentlewoman from the Dis- The SPEAKER pro tempore (Mr. affairs bring to this floor legislation that would trict of Columbia, and I thank all of HULTGREN). The time of the gentleman do exactly the opposite. the speakers here today for expressing has expired. The District of Columbia deserves a form of their opinions. Mr. CHAFFETZ. Mr. Speaker, I yield home rule not characterized by constant and Today, I rise in support of retaining an additional 1 minute to the gen- intrusive micromanaging by congressional Re- local budget autonomy for the District tleman from Maryland. publicans. of Columbia and to express my strong Mr. HOYER. I would say to the Speaker Ryan just released a statement in opposition to H.R. 5233, Clarifying Con- Speaker, in response, quite the oppo- which he said—and I quote: ‘‘The current D.C. gressional Intent in Providing for DC site. The government and the people of Government needs to be reined in.’’ Home Rule Act of 2016. the District of Columbia need to be al- I would say to the Speaker in response: Now, this partisan bill would repeal a lowed to chart their own course, which Quite the opposite; the government and peo- District of Columbia referendum that is what I think most of you say on a ple of the District of Columbia need to be al- allowed the District to implement its regular basis. lowed to chart their own course. own local budget without affirmative It is a mystery to me—and ought to It is a mystery to me—and ought to be a congressional approval. be a mystery to every American who mystery to every American who believes in the believes in the premise that people premise that people ought to govern them- While this bill passed the Oversight ought to govern themselves—why selves—Why House Republicans are deter- and Government Reform Committee on House Republicans are determined to mined to strip that ability away from the a party-line vote of 22–14, I would re- strip that ability from the 700,000 670,000 Americans who live in our Nation’s mind this body that the committee’s Americans who live in our Nation’s Capital. last four chairmen—including Repub- Capital. They pay taxes. They pay The locally raised revenues from taxes and lican Chairmen, Representatives Tom taxes to their local government. And fees do not originate from the Federal Govern- Davis and DARRELL ISSA, who have we want to make that decision. ment but from hardworking residents of Wash- studied and had substantial oversight I understand what the court has said ington. over the D.C. government—each and that courts may rule that way, but The District of Columbia has proven worked to give the District of Colum- shouldn’t we have the patience to let Congress’s wisdom in enacting the 1973 D.C. bia budget autonomy. the court system decide whether or not Home Rule Act time and again by managing Now, some of my colleagues here this referendum of the people of the its affairs in a fiscally responsible, democratic may argue that the District of Colum- District of Columbia is adjudged to be way. bia will loose its financial discipline appropriate? The locally raised reve- That is what this bill is, Mr. Speaker—a re- under budget autonomy; however, this nues from taxes and fees do not origi- minder to the people of this city that they re- could not be further from the truth. nate from the Federal Government, but main unrepresented in this House and a Fed- Budget autonomy actually improves from the hardworking residents of eral colony within a nation dedicated to de- the operations and finances for the Dis- Washington. mocracy and fair representation. trict of Columbia government because The District of Columbia has proven When Democrats were in the majority, we the District would employ financial Congress’ wisdom in enacting the 1973 worked to give District of Columbia residents budget experts who are focused solely D.C. Home Rule Act time and again by a greater voice in the Committee of the on the economic growth, fiscal sound- managing its affairs in a fiscally re- Whole. ness, and stability of the District, not sponsible, democratic way. And when Republicans took the majority, Members of Congress intent on ideolog- The SPEAKER pro tempore. The one of the first acts was taking this small but ical posturing or voting on budgets of time of the gentleman has again ex- important democratic tool and indication of re- constituencies that are not their own, pired. spect away from the District’s representative with Members of those districts or Mr. CHAFFETZ. Mr. Speaker, I yield and the other representatives of our U.S. terri- those jurisdictions prohibited from vot- the gentleman an additional 1 minute. tories. ing on those measures.

VerDate Sep 11 2014 08:27 May 26, 2016 Jkt 059060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.060 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3213 b 1630 eral Government dictating the local and my motivation, my belief, in the Autonomy would, in fact, lower bor- budget of a city in his or her district, District of Columbia because it is root- rowing costs, allow more accurate rev- and D.C. should be treated no dif- ed, first and foremost, in the Constitu- enue and expenditure forecasts, im- ferently. tion. prove agency operations and the re- Granting D.C. local budget autonomy Mr. Speaker, I reserve the balance of moval of the threat that the Federal is not only the right thing to do, it my time. Ms. NORTON. Mr. Speaker, how Government shutdowns would also shut would also have significant financial much time remains on both sides, down the District of Columbia’s gov- benefits for the District, such as low- please? ernment. ering borrowing costs. It would also mean an end to the The SPEAKER pro tempore. The gen- Congress also loses no authority tlewoman from the District of Colum- under budget autonomy because this threat of a cutoff of D.C. municipal services in the event of a Federal Gov- bia has 2 minutes remaining. The gen- body can use expedited procedures dur- tleman from Utah has 13 minutes re- ing the 30-day review period or other ernment shutdown. I also want to express my disappoint- maining. measures that are in there. Ms. NORTON. Mr. Speaker, I yield The U.S. Constitution also provides ment that some Members have threatened jail for D.C. employees who imple- myself such time as I may consume. for Congress to retain authority to leg- Just as lawyers have disagreed about ment the Autonomy Act. The threat is islate any D.C. matter, including its whether or not the District could pro- backwards. The only court ruling in ef- local budget, at any time. ceed with budget autonomy, lawyers fect on this law upheld it and ordered The SPEAKER pro tempore. The have disagreed from the beginning of all District employees to implement it. time of the gentlewoman has expired. our Nation on what the Constitution House Republicans have taken a re- Ms. NORTON. I yield the gentle- says. woman an additional 30 seconds. grettable turn in their approach to I would take at his word what James Ms. PLASKETT. Now, I fear, when D.C. home rule. The last four chairmen Madison said in speaking of the Dis- we leave the well-being of the District of the Oversight and Government Re- trict of Columbia: ‘‘A municipal legis- of Columbia to this body, this body form Committee, including Repub- lature for local purposes, derived from seems to lack the will or fortitude to licans Tom Davis and DARRELL ISSA, their own suffrages, will of course be make equitable decisions for everyday sought to give the District more home allowed to them.’’ people of this country or, more particu- rule and more budget autonomy, not That is what, according to Madison, larly, the historically disenfranchised less. the Constitution said. people. Yet, in this Congress, the Oversight Now, my friends have cited all man- This Congress seems intent on strip- and Government Reform Committee ner of lawyers and their own views on ping away what little power those who has passed legislation to overturn a whether this matter is legal or con- don’t have a vote on this floor have District law that prohibits employ- stitutional. They have even cited the been able to wring from the hands of ment discriminating based on repro- interpretation of staff who helped draft the majority. ductive health decisions and launched the Home Rule Act. It is my belief that Congress should an investigation into the District’s Well, we stand this afternoon on the stop wasting its time debating legisla- marijuana legalization initiative. This only authoritative opinion, the opinion tion that continues to subjugate the bill is not only unprincipled. It is sim- of the Superior Court and its court District of Columbia to its authority ply bad policy. order. And I leave with you that order. and work on passing a Federal budget The former counsel for the District of Ordered that all members of the Council of that would boost the economy of the Columbia Committee and the major- the District of Columbia, Mayor Muriel E. entire American people. ity’s own hearing witness said this: ‘‘It Bowser, Chief Financial Officer, Jeffrey S. Mr. CHAFFETZ. Mr. Speaker, I re- is the duly elected representatives for DeWitt, their successors in office, and all of- serve the balance of my time. the citizens of the District of Columbia ficers, agents, servants, employees, and all Ms. NORTON. Mr. Speaker, I yield who should determine how taxpayer persons in active concert or participation myself such time as I may consume. money is spent.’’ with the Government of the District of Co- lumbia shall forthwith enforce all provisions Before I recognize the ranking mem- We hear a lot of rhetoric about de- of the Local Budget Autonomy Act of 2012. ber of the Committee on Oversight and volving authority to local govern- That is the law. Respect the rule of Government Reform, I cannot help but ments. Yet, this bill tramples on local law. note, when I listen to my friend, Ms. government and the will of their local Mr. Speaker, I yield back the balance PLASKETT, speak up for the District of citizens. of my time. Columbia, she, who comes from what is Mr. Speaker, I urge Members to re- Mr. CHAFFETZ. Mr. Speaker, I yield known as a territory, the Virgin Is- ject this bill. myself such time as I may consume. lands—isn’t it interesting—and I know Mr. CHAFFETZ. Mr. Speaker, I yield Mr. Speaker, I stand in support of she must understand it—that the Vir- myself such time as I may consume. H.R. 5233. I am proud of the fact that, gin Islands does not have to submit a I want to be clear about my motives in the Oversight and Government Re- budget to the Congress of the United and intentions. I find it curious when form Committee, we had a hearing, we States. I never have had to debate the other Members try to prescribe my had a proper markup, and we are bring- gentlewoman’s budget here. I have feelings and my approach to this issue. ing it here to the floor today for all never had to debate the gentlewoman’s It is my belief, and support of this Members to vote on. legislation here. legislation is based on the Constitu- I would urge my colleagues to adhere There is a unique denial here in the tion. It is that simple to me. Article I, to the Constitution. Do what the Con- District of Columbia. That is one rea- section 8, clause 17, says: ‘‘To exercise stitution says and support the bill, son it is so roundly resented. exclusive Legislation in all Cases what- H.R. 5233. Mr. Speaker, I yield 3 minutes to the soever, over such District,’’ and it con- I want to thank again Mr. MEADOWS gentleman from Maryland (Mr. CUM- tinues on. for his work and leadership on this and MINGS), my good friend, the ranking The District of Columbia is more getting us to this point. I urge its pas- member of the Oversight and Govern- than just a local jurisdiction. It is sage. ment Reform Committee. more than just a local city. It is our Mr. Speaker, I yield back the balance Mr. CUMMINGS. I thank the gentle- Nation’s Capital. of my time. woman for yielding. I think what the founders were in- Mr. HASTINGS. Mr. Speaker, I rise today in Mr. Speaker, I strongly oppose this tending to do was to understand and strong opposition to H.R. 5233, the Clarifying bill, which would repeal the District of allow participation for Members all Congressional Intent in Providing for DC Columbia’s Local Budget Autonomy over this country in the affairs of the Home Rule Act of 2016. Act and prohibit D.C. from passing city. That was the intention, and that The legislation seeks to overturn a local such laws in the future. is what is in the Constitution. statute in Washington, D.C., the Local Budget I do not believe there is a Member of Don’t be confused or misled or allow Autonomy Amendment Act of 2012, a meas- Congress who would stand for the Fed- anybody else to prescribe my motives ure that was passed by the Washington, D.C.

VerDate Sep 11 2014 06:24 May 26, 2016 Jkt 059060 PO 00000 Frm 00115 Fmt 4634 Sfmt 9920 E:\CR\FM\K25MY7.063 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3214 CONGRESSIONAL RECORD — HOUSE May 25, 2016 City Council, approved by the Mayor, and sub- the Federal budget, yet we are debating a (such as property and sales taxes) or federal sequently ratified by D.C. voters by ballot ini- measure that would further roll-back the clock grant funds received in the same manner as tiative with an overwhelming 83 percent of the on the rights of D.C. residents. Where are our any other state. In fact, the vast majority of our $13.4 billion budget is raised locally. In vote. priorities? recent years, only about one percent, or The Local Budget Autonomy Amendment Let me put it another way—why should about $130 million, has been a direct federal Act of 2012, the BAA, gave the District of Co- Congressional dysfunction keep the District payment to the District, and that amount re- lumbia authority to determine its own budget government from using tax revenues paid by mains subject to active appropriation by without getting approval from Congress. H.R. District residents to pick up trash? Why should Congress. About 25 percent of our budget, or 5233 removes this authority and prohibits D.C. Congressional dysfunction keep the District $3.3 billion, is federal grants and Medicaid from passing any budget autonomy legislation from spending its own money on its own prior- payments that are made to every other in the future. ities? state. Washington, D.C. voters want budget auton- I will note that Representatives Tom Davis The District of Columbia operates as a state, county, and city, administering fed- omy. Washington D.C. voters deserve budget and DARRELL ISSA, both members of the Ma- eral block grant programs, health and autonomy. They have already voted for it, jority and former Chairmen of the House Com- human services programs, transportation in- passed it, and ratified it. When it was chal- mittee on Oversight and Government Reform frastructure, homeland security services, lenged by the Government Accountability Of- each supported the idea of budget autonomy and other governmental duties typically fice (GAO), the U.S. Court of Appeals for the for Washington, D.C. overseen by governors. It is time that Con- District of Columbia Circuit and the D.C. Supe- Budget autonomy means lower borrowing gress recognizes the District’s financial ma- rior Court upheld its validity. This should be a costs and more accurate revenue and expend- turity and responsibility and allows us to ap- done deal. iture forecasts. It means improved government prove our own budget without first seeking a congressional appropriation. But instead of focusing on the critical issues operations and removing the threat of govern- Budget autonomy also supports good gov- facing this body—passing a budget for in- ment shutdown for Washington, D.C.’s local ernment by helping the District of Columbia stance, which we were required by law to do government. It means streamlining Congres- plan its finances more efficiently. For in- last month—the House of Representatives has sional operations. Most importantly, it means stance, tying our budgeting process to the decided to focus on this. giving residents of Washington, D.C., the right congressional appropriations process re- I remind those here today and watching at to make decisions for themselves. quires us to rely on outdated revenue and home that Washington D.C. is a Federal Dis- These are all things we should all be over- uncertain expenditure projections, which in trict. Congress maintains the power to overwhelmingly support of. We should move on turn results in more uncertainty and budget turn laws approved by the D.C. Council and reprogramming. Also, Congress has not com- and focus on the real issues before us. It is pleted its appropriations process on time can vote to impose laws on the district, as it past time for Congress to get out of the way since 1996. Without budget autonomy, each is trying to do right with this particular meas- of the will of the residents of D.C. time congressional appropriations are de- ure. Washington D.C.’s Delegate to the House Ms. NORTON. Mr. Speaker, I submit the fol- layed, the finalization of the District’s budg- of Representatives, my good friend ELEANOR lowing: et is also delayed. If the District cannot HOLMES NORTON, who has served in this body MAY 25, 2016. spend its own locally-raised revenue (as oc- for 24 years, is not permitted to vote on final Hon. MITCH MCCONNELL, curred in 2013) by the start of the fiscal year, passage of any legislation, let alone legislation Majority Leader, U.S. Senate. the operations of the District and the well- being of its residents are put at risk. Budget directly intended to govern the jurisdiction Hon. PAUL RYAN, autonomy relieves us of this inefficiency and which she was elected to serve. Speaker, House of Representatives. Hon. HARRY REID, uncertainty. Congresswoman NORTON described the Budget autonomy will also improve our al- measure in question as ‘‘the most significant Democratic Leader, U.S. Senate. Hon. NANCY PELOSI, ready excellent bond ratings. The rating abuse of congressional authority over the Dis- Democratic Leader, House of Representatives. agencies are keenly interested in predict- trict of Columbia since passage of the Home DEAR MAJORITY LEADER MCCONNELL, ability. Tying the District’s budget to the Rule Act in 1973.’’ DEMOCRATIC LEADER REID, SPEAKER RYAN, congressional appropriations process hurts One might hope that Congress would con- AND DEMOCRATIC LEADER PELOSI: This week, our credit rating which unjustly punishes sider the wishes of the sole Representative of the House of Representatives is voting on District taxpayers who have no voting rep- Washington, D.C. and the nearly 700,000 resi- H.R. 5233, the Clarifying Congressional In- resentation in either the U.S. House of Rep- resentatives or the U.S. Senate. dents of the District. But, as we see today, tent in Providing for DC Home Rule Act of 2016. I strongly oppose this legislation as Further, it is important to note that budg- that simply isn’t the case. et autonomy does not exclude Congress from Congress is currently undergoing its own well as any effort to overturn the District of Columbia’s budget autonomy law with a the District’s budget approval process. Each appropriations process, and I need not remind rider to any appropriations bill. annual budget for the District of Columbia everyone here that Republicans haven’t even Budget autonomy was approved by the vot- will be submitted to Congress for a 30-day pe- passed a budget. We have missed deadline ers and upheld in the courts. I have proposed riod of review under the Home Rule Act. after deadline and are now moving ahead our 21st consecutive balanced budget in ac- During that time period (and, for that mat- without setting a budget at all. How can any- cordance with the prevailing law and I ex- ter, even after that time period), Congress is pect the Council of the District of Columbia able to reject the District’s budget or modify one tell me that the District of Columbia it as Congress sees fit. Budget autonomy should yield to the budgetary wisdom of the to do the same. As is the case with all DC laws, the approved 2017 DC budget will be does not mean that Congress no longer has a House Majority when they can’t even get their submitted to Congress for passive review. say in the District’s budget. It just means own act together to pass a budget? The American people expect their congres- that we have a more efficient and productive The issue of Home Rule has come up be- sional representatives to focus on the issues way of passing our budget and thus a more fore in this body. In recent years, House Re- affecting our nation—safety and security, efficient and productive way to serve the publicans have challenged the District of Co- fair wages, and growing the middle class— residents, visitors, and businesses in the Dis- lumbia on issues ranging from the legalization not on the local budget of DC. trict. With the move to pass H.R. 5233, Congress of marijuana, access to reproductive health The District has a strong track record of administering our government finances re- is unnecessarily restricting local govern- care, and charter schools, in all three in- ment control and further denying democracy stances forcing their will over the desires of sponsibly. We have passed and implemented a balanced budget every year for the last 21 to the residents of the District of Columbia. the residents of D.C. This needs to stop. years and our General Fund balance—which I ask for your support in putting aside any Given the numerous pressing and time-sen- currently stands at $2.17 billion—is the envy attempts to overturn local control of our sitive matters facing this body, I can’t help but of other jurisdictions. Our bond rating is AA budget and our ability to operate our govern- feel bewildered as to why we are spending our by S&P and Fitch and Aa1 by Moody’s as a ment more efficiently. time on this measure. What is more confusing result of the District’s strong, institutional- Sincerely, is our current efforts to undo a measure that ized and disciplined financial management MURIEL BOWSER, Mayor. was passed by an overwhelming majority of and long track record of balanced budgets D.C. residents and subsequently upheld in the and clean audits. Our debt obligations remain within the 12 percent limit of total SUPERIOR COURT OF THE DISTRICT OF courts. General Fund expenditures and the District’s COLUMBIA CIVIL DIVISION Meanwhile, Republicans continue to ignore pension and Other Post-Employment Benefit Council of the District of Columbia, Plain- our nation’s crumbling infrastructure, income Plan (OPEB) remain well-funded. tiff, and Muriel E. Bowser, in her official ca- inequality, the need for jobs, immigration re- The vast majority of the District of Colum- pacity as Mayor of the District of Columbia, form, and sensible gun control, not to mention bia’s budget is locally-generated revenue Intervenor-Plaintiff, v. Jeffrey S. DeWitt, in

VerDate Sep 11 2014 08:27 May 26, 2016 Jkt 059060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.021 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3215 his official capacity as Chief Financial Offi- course, the collateral expense of the an efficacious way; it is the 12 million cer of the District of Columbia, Defendant. people of the District of Columbia. constituents, the people my friend Case No. 2014 CA 2371 B, Calendar 12, Judge They cite the Constitution as if the from North Carolina (Mr. MEADOWS) Brian F. Holeman. Constitution and the Founders who represents and that I represent who ORDER OF JUDGMENT wrote it were fully cognizant of the come to this city every year to visit Upon consideration of the Omnibus Order evolution that was going to take place the Nation’s Capital. Will we protect of March 18, 2016, it is on this 18th day of in the District of Columbia when we them? Or will we dither here in Con- March 2016, hereby ORDERED, that Judgment is entered in know, as a historical fact, the Con- gress? favor of Plaintiff Council of the District of stitution was actually written before There is irony in that, isn’t there? Columbia and Intervenor-Plaintiff Muriel E. there was a District of Columbia, let Because we can’t get our own budget Bowser, in her official capacity as Mayor of alone almost 700,000 American citizens together. We can’t pass our own appro- the District of Columbia and against Defend- still denied voting representation in priations bills, but we are going to sec- ant Jeffrey S. DeWitt, in his official capacity this body today. ond-guess the local government here in as Chief Financial Officer of the District of In fact, that very Constitution my the District of Columbia because some- Columbia; and it is further friends cite protected slavery, decided how we do it better? I don’t think there ORDERED, that all members of the Coun- cil of the District of Columbia, Mayor Muriel that certain people of color were only is a neutral observer who would con- E. Bowser, Chief Financial Officer Jeffrey S. worth three-fifths of the normal mor- clude that. DeWitt, their successors in office, and all of- tal, but allowed the South to count But we are going to do it cloaked in ficers, agents, servants, employees, and all them for the purposes of representation the respectability of a constitutional persons in active concert or participation in this body. argument that is, I believe, false and with the Government of the District of Co- The same Constitution. We changed antiquated—not because the Constitu- lumbia SHALL FORTHWITH enforce all pro- it. We took cognizance of changes in tion is antiquated, but because what visions of the Local Budget Autonomy Act of reality. The fact that you exercise your was known in the late 18th century at 2012. will over an entire city just because the time of the writing of the Constitu- BRIAN F. HOLEMAN, Judge. you can does not make it right or tion is different today. noble. Are we going to return to the planta- The SPEAKER pro tempore. All time In fact, if we follow the logic of my tion mentality Congress used to have for debate has expired. friends on the other side of the aisle, with respect to the District of Colum- Pursuant to House Resolution 744, why not just take over the day-to-day bia? Or are we actually going to act on the previous question is ordered on the mechanics of running the government principle here, not ideology? We are bill. of the city? not going to fire up our base or the The question is on the engrossment So let’s do rezoning. Let’s do emer- right-wing radio talk show hosts. We and third reading of the bill. are actually going to do the right The bill was ordered to be engrossed gency preparedness. Let’s run the po- thing—the right thing for 700,000 fellow and read a third time, and was read the lice department. Let’s run the EMT citizens—and let them have an ounce of third time. and the fire department. Let’s take over mental health facilities and decency with respect to their own self- MOTION TO RECOMMIT human services. determination. Mr. CONNOLLY. Mr. Speaker, I have Why go only halfway? Why go only Mr. Speaker, I yield back the balance a motion to recommit at the desk. halfway? I am curious. What is it about of my time. The SPEAKER pro tempore. Is the the budget that is so sacred? All the Mr. MEADOWS. Mr. Speaker, I with- gentleman opposed to the bill? rest you are going to let go. draw my reservation of a point of Mr. CONNOLLY. I am in its current This final amendment, Mr. Speaker, order. form. will preserve a small modicum of the The SPEAKER pro tempore. The res- Mr. MEADOWS. Mr. Speaker, I re- District’s control over local taxpayer ervation of the point of order is with- serve a point of order. dollars to prevent and treat the emerg- drawn. The SPEAKER pro tempore. A point ing threat of Zika. If adopted, we can Mr. MEADOWS. Mr. Speaker, I rise of order is reserved. move to immediate final passage of the in opposition to the motion to recom- The Clerk will report the motion to bill. mit. recommit. Although we may disagree—and do— The SPEAKER pro tempore. The gen- The Clerk read as follows: on the underlying purpose of the bill, tleman from North Carolina is recog- Mr. Connolly moves to recommit the bill surely we can agree on the seriousness nized for 5 minutes. H.R. 5233 to the Committee on Oversight and Mr. MEADOWS. Mr. Speaker, my Government Reform with instructions to re- of the Zika threat. There have already been 4 reported cases of travel-associ- friend opposite—and I say that in the port the same back to the House forthwith most authentic and complete terms be- with the following amendment: ated Zika here in the District, 15 in the In section 2 of the bill— Commonwealth of Virginia, my home cause, indeed, the gentleman is my (1) strike ‘‘Effective with respect to fiscal State, and 17 in Maryland. friend—raises a point of debate about year 2013’’ and insert ‘‘(a) REPEAL.—Except It may seem foreign to some of my the Constitution and the fact that ex- as provided in subsection (b), effective with colleagues on the other side of the plicitly in the Constitution, our Found- respect to fiscal year 2013’’; and aisle, but in the National Capital Re- ing Fathers reserved this particular au- (2) add at the end the following new sub- gion, the two States, D.C., and the re- thority in Article I, section 8, clause section: 17, which shows the wisdom of our (b) EXCEPTION FOR USE OF LOCAL FUNDS TO gion’s local governments actually have Founding Fathers to anticipate what, PREVENT AND TREAT ZIKA.—The Local Budg- a rich tradition of working together, et Autonomy Amendment Act of 2012, to- including in public health. indeed, we are debating here today. gether with any applicable provision of law Working through the Council of Gov- For many of the other arguments amended or repealed by such Act, shall re- ernments, which I used to chair, our that my good friend has made in terms main in effect with respect to the use of local and State partners regularly of what we need to change, there is the local funds by the District of Columbia gov- come together. The District of Colum- appropriate place for those changes to ernment to prevent and treat the Zika virus. bia needs to be a full partner in those be made, and that is exactly what this The SPEAKER pro tempore. Pursu- regional efforts so that it cannot be debate has been about. It is about the ant to the rule, the gentleman from placed in a position of having to come rule of law; it is about the Constitu- Virginia is recognized for 5 minutes in to Congress to actually ask for permis- tion; and it is about this institution support of his motion. sion before spending its own local dol- being the proper place to make those Mr. CONNOLLY. Mr. Speaker, I have lars on Zika prevention and education. determinations on behalf of the will of listened with great, rapt attention this We the People. afternoon to my friends, Mr. CHAFFETZ b 1645 Now, the motion to recommit talks and Mr. MEADOWS, who have gone on I might add, it is not just the people about Zika funding. And I might re- eloquently about protecting the Con- of the District of Columbia who will be mind the gentleman that, indeed, in stitution of the United States at, of at risk if we are not addressing Zika in this very body within the last few days,

VerDate Sep 11 2014 06:24 May 26, 2016 Jkt 059060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.024 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3216 CONGRESSIONAL RECORD — HOUSE May 25, 2016 we have already passed funding to ad- Clay Israel Pelosi Massie Price, Tom Stefanik Cleaver Jackson Lee Perlmutter McCarthy Ratcliffe Stewart dress the Zika virus’ potential Clyburn Jeffries Peters McCaul Reed Stivers healthcare concern; and, indeed, this is Cohen Johnson (GA) Peterson McClintock Reichert Stutzman the correct body for us to do that. It is Connolly Johnson, E. B. Pingree McHenry Renacci Thompson (PA) not the District of Columbia or any Conyers Kaptur Pocan McKinley Ribble Thornberry Cooper Keating Polis McMorris Rice (SC) Tiberi other municipality across the country. Costa Kelly (IL) Price (NC) Rodgers Rigell Tipton It is, indeed, this body, the role for this Courtney Kennedy Quigley McSally Roby Trott particular body that has been reserved Crowley Kildee Rangel Meadows Roe (TN) Turner constitutionally; and it has been that Cuellar Kilmer Richmond Meehan Rogers (AL) Upton Cummings Kind Roybal-Allard Messer Rogers (KY) Valadao way since the very founding of this Davis (CA) Kirkpatrick Ruiz Mica Rohrabacher Wagner great country we all call home. Davis, Danny Kuster Ruppersberger Miller (FL) Rokita Walberg I would also add that, as we start to DeFazio Langevin Rush Miller (MI) Rooney (FL) Walden DeGette Larsen (WA) Ryan (OH) Moolenaar Ros-Lehtinen Walker look at this, the debate has been over Delaney Larson (CT) Sa´ nchez, Linda Mullin Roskam Walorski local control. And when we start to see DeLauro Lawrence T. Mulvaney Ross Walters, Mimi the debate that continues to play out, DelBene Lee Sanchez, Loretta Murphy (PA) Rothfus Weber (TX) this particular issue was reserved in DeSaulnier Levin Sarbanes Neugebauer Rouzer Webster (FL) Deutch Lewis Schakowsky Newhouse Royce Wenstrup the Constitution, and it was solely that Dingell Lieu, Ted Schiff Noem Russell Westerman of Congress to have all legislative Doggett Lipinski Schrader Nugent Salmon Westmoreland power over the District. Doyle, Michael Loebsack Scott (VA) Nunes Sanford Whitfield F. Lofgren Scott, David Olson Scalise Williams Now, is that somehow inconsistent Duckworth Lowenthal Serrano Palazzo Schweikert Wilson (SC) with the fact that we want to make Edwards Lowey Sewell (AL) Palmer Scott, Austin Wittman sure that all control is local? It is not. Ellison Lujan Grisham Sherman Paulsen Sensenbrenner Womack Because as we look at that, we must, Engel (NM) Sinema Pearce Sessions Woodall Eshoo Luja´ n, Ben Ray Sires Perry Shimkus Yoder indeed, make sure that we stand up. Esty (NM) Slaughter Pittenger Shuster Yoho And I would ask all of my colleagues Farr Lynch Smith (WA) Pitts Simpson Young (AK) to look at the very foundation of who Foster Maloney, Swalwell (CA) Poe (TX) Smith (MO) Young (IA) Frankel (FL) Carolyn Takano Poliquin Smith (NE) Young (IN) we are as an institution, as Members of Fudge Maloney, Sean Thompson (CA) Pompeo Smith (NJ) Zeldin Congress. To allow the Budget Auton- Gabbard Matsui Thompson (MS) Posey Smith (TX) Zinke Gallego McCollum Titus omy Act to stand in place would not NOT VOTING—15 only usurp the authority—the congres- Garamendi McDermott Tonko Graham McGovern Torres Bustos Granger O’Rourke sional authority—that has been given Grayson McNerney Tsongas Ca´ rdenas Hanna Rice (NY) to us in our Constitution but, indeed, it Green, Al Meeks Van Hollen Castro (TX) Herrera Beutler Speier would undermine it for future Con- Green, Gene Meng Vargas Fattah Jenkins (KS) Takai Grijalva Moore Veasey Fincher Mooney (WV) Yarmuth gresses to come. Gutie´rrez Moulton Vela So it is with great humility, but also Hahn Murphy (FL) Vela´ zquez b 1711 Hastings Nadler Visclosky with great passion, that I would urge Messrs. NEUGEBAUER and my colleagues to defeat the motion to Heck (WA) Napolitano Walz Higgins Neal Wasserman FITZPATRICK changed their vote recommit, knowing that we have al- Himes Nolan Schultz from ‘‘yea’’ to ‘‘nay.’’ ready addressed the particular funding Hinojosa Norcross Waters, Maxine Honda Pallone Watson Coleman Messrs. VARGAS, COHEN, PRICE of requirement that the gentleman from North Carolina, and POCAN changed Virginia brings up—defeat the motion Hoyer Pascrell Welch Huffman Payne Wilson (FL) their vote from ‘‘nay’’ to ‘‘yea.’’ to recommit, and support the under- So the motion to recommit was re- NAYS—239 lying bill. jected. I yield back the balance of my time. Abraham Crenshaw Heck (NV) The result of the vote was announced Aderholt Culberson Hensarling The SPEAKER pro tempore. Without as above recorded. objection, the previous question is or- Allen Curbelo (FL) Hice, Jody B. Amash Davis, Rodney Hill Stated for: dered on the motion to recommit. Amodei Denham Holding Ms. BUSTOS. Mr. Speaker, on the Legisla- There was no objection. Babin Dent Hudson tive Day of May 25, 2016, a series of votes The SPEAKER pro tempore. The Barletta DeSantis Huelskamp was held. Had I been present for these rollcall question is on the motion to recommit. Barr DesJarlais Huizenga (MI) Barton Diaz-Balart Hultgren votes, I would have cast the following vote: The question was taken; and the Benishek Dold Hunter Rollcall 247—I vote ‘‘yes.’’ Bilirakis Donovan Hurd (TX) Speaker pro tempore announced that The SPEAKER pro tempore. The the noes appeared to have it. Bishop (MI) Duffy Hurt (VA) Bishop (UT) Duncan (SC) Issa question is on the passage of the bill. Mr. CONNOLLY. Mr. Speaker, on Black Duncan (TN) Jenkins (WV) The question was taken; and the that I demand the yeas and nays. Blackburn Ellmers (NC) Johnson (OH) Blum Emmer (MN) Johnson, Sam Speaker pro tempore announced that The yeas and nays were ordered. the ayes appeared to have it. The SPEAKER pro tempore. Pursu- Bost Farenthold Jolly Boustany Fitzpatrick Jones RECORDED VOTE ant to clause 8 and clause 9 of rule XX Brady (TX) Fleischmann Jordan and the order of the House of today, Brat Fleming Joyce Ms. NORTON. Mr. Speaker, I demand this 15-minute vote on adoption of the Bridenstine Flores Katko a recorded vote. Brooks (AL) Forbes Kelly (MS) A recorded vote was ordered. motion to recommit will be followed by Brooks (IN) Fortenberry Kelly (PA) 5-minute votes on passage of the bill, if Buchanan Foxx King (IA) The SPEAKER pro tempore. This is a ordered; adoption of the motion to Buck Franks (AZ) King (NY) 5-minute vote. commit on S. 2012; and passage of S. Bucshon Frelinghuysen Kinzinger (IL) The vote was taken by electronic de- Burgess Garrett Kline vice, and there were—ayes 240, noes 179, 2012, if ordered. Byrne Gibbs Knight The vote was taken by electronic de- Calvert Gibson Labrador not voting 14, as follows: vice, and there were—yeas 179, nays Carter (GA) Gohmert LaHood [Roll No. 248] Carter (TX) Goodlatte LaMalfa 239, not voting 15, as follows: Chabot Gosar Lamborn AYES—240 [Roll No. 247] Chaffetz Gowdy Lance Abraham Bishop (MI) Buchanan Clawson (FL) Graves (GA) Latta Aderholt Bishop (UT) Buck YEAS—179 Coffman Graves (LA) LoBiondo Allen Black Bucshon Adams Blumenauer Capuano Cole Graves (MO) Long Amash Blackburn Burgess Aguilar Bonamici Carney Collins (GA) Griffith Loudermilk Amodei Blum Byrne Ashford Boyle, Brendan Carson (IN) Collins (NY) Grothman Love Ashford Bost Calvert Bass F. Cartwright Comstock Guinta Lucas Babin Boustany Carter (GA) Beatty Brady (PA) Castor (FL) Conaway Guthrie Luetkemeyer Barletta Brady (TX) Carter (TX) Becerra Brown (FL) Chu, Judy Cook Hardy Lummis Barr Brat Chabot Bera Brownley (CA) Cicilline Costello (PA) Harper MacArthur Barton Bridenstine Chaffetz Beyer Butterfield Clark (MA) Cramer Harris Marchant Benishek Brooks (AL) Clawson (FL) Bishop (GA) Capps Clarke (NY) Crawford Hartzler Marino Bilirakis Brooks (IN) Coffman

VerDate Sep 11 2014 06:32 May 26, 2016 Jkt 059060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.068 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3217 Cole Jolly Ribble Kaptur McNerney Schakowsky Carson (IN) Hinojosa Payne Collins (GA) Jones Rice (SC) Keating Meeks Schiff Cartwright Honda Pelosi Collins (NY) Jordan Rigell Kelly (IL) Meng Schrader Castor (FL) Hoyer Perlmutter Comstock Joyce Roby Kennedy Moore Scott (VA) Chu, Judy Huffman Peters Conaway Katko Roe (TN) Kildee Moulton Scott, David Cicilline Israel Peterson Cook Kelly (MS) Rogers (AL) Kilmer Murphy (FL) Serrano Clark (MA) Jackson Lee Pingree Costa Kelly (PA) Rogers (KY) Kind Nadler Sewell (AL) Clarke (NY) Jeffries Pocan Costello (PA) King (IA) Rohrabacher Kirkpatrick Napolitano Sherman Clay Johnson (GA) Polis Cramer King (NY) Rokita Kuster Neal Sinema Cleaver Johnson, E. B. Price (NC) Crawford Kinzinger (IL) Rooney (FL) Langevin Nolan Sires Clyburn Keating Quigley Larsen (WA) Norcross Crenshaw Kline Ros-Lehtinen Slaughter Cohen Kelly (IL) Rangel Larson (CT) Pallone Smith (WA) Culberson Knight Roskam Connolly Kennedy Richmond Curbelo (FL) Labrador Lawrence Pascrell Speier Conyers Kildee Ross Roybal-Allard Davis, Rodney LaHood Lee Payne Swalwell (CA) Cooper Kilmer Rothfus Ruiz Denham LaMalfa Levin Pelosi Takano Courtney Kind Ruppersberger Rouzer Lewis Dent Lamborn Perlmutter Thompson (CA) Crowley Kirkpatrick Rush Royce Lieu, Ted Peters Thompson (MS) DeSantis Lance Cuellar Kuster Ryan (OH) DesJarlais Latta Russell Lipinski Peterson Titus Cummings Langevin Sa´ nchez, Linda Diaz-Balart LoBiondo Salmon Loebsack Pingree Tonko Davis (CA) Larsen (WA) T. Dold Long Sanford Lofgren Pocan Torres Davis, Danny Larson (CT) Sanchez, Loretta Donovan Loudermilk Scalise Lowenthal Polis Tsongas DeFazio Lawrence Sarbanes Duffy Love Schweikert Lowey Price (NC) Van Hollen DeGette Lee Schakowsky Duncan (SC) Lucas Scott, Austin Lujan Grisham Quigley Vargas Delaney Levin Schiff Duncan (TN) Luetkemeyer Sensenbrenner (NM) Rangel Veasey DeLauro Lewis Ellmers (NC) Lummis Sessions Luja´ n, Ben Ray Richmond Vela DelBene Lieu, Ted Schrader Emmer (MN) MacArthur Shimkus (NM) Roybal-Allard Vela´ zquez DeSaulnier Lipinski Scott (VA) Farenthold Marchant Shuster Lynch Ruiz Visclosky Deutch Loebsack Serrano Fitzpatrick Marino Simpson Maloney, Ruppersberger Walz Dingell Lofgren Sewell (AL) Fleischmann Massie Smith (MO) Carolyn Rush Wasserman Doggett Lowenthal Sherman Fleming McCarthy Smith (NE) Maloney, Sean Ryan (OH) Schultz Doyle, Michael Lowey Sinema Flores McCaul Smith (NJ) Matsui Sa´ nchez, Linda Waters, Maxine F. Lujan Grisham Sires Forbes McClintock Smith (TX) McCollum T. Watson Coleman Duckworth (NM) Slaughter Fortenberry McHenry Stefanik McDermott Sanchez, Loretta Welch Edwards Luja´ n, Ben Ray Smith (WA) Foxx McKinley Stewart McGovern Sarbanes Wilson (FL) Ellison (NM) Speier Franks (AZ) McMorris Stivers Engel Lynch Swalwell (CA) Frelinghuysen Rodgers Stutzman NOT VOTING—14 Eshoo Maloney, Takano Garrett McSally Thompson (PA) Ca´ rdenas Grothman O’Rourke Esty Carolyn Thompson (CA) Gibbs Meadows Thornberry Castro (TX) Hanna Rice (NY) Farr Maloney, Sean Thompson (MS) Gibson Meehan Tiberi Fattah Herrera Beutler Takai Foster Matsui Titus Tonko Gohmert Messer Tipton Fincher Jenkins (KS) Yarmuth Frankel (FL) McCollum Goodlatte Mica Trott Granger Mooney (WV) Fudge McDermott Torres Tsongas Gosar Miller (FL) Turner Gabbard McGovern ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Van Hollen Gowdy Miller (MI) Upton Gallego McNerney Vargas Graves (GA) Moolenaar Valadao The SPEAKER pro tempore (during Garamendi Meeks Veasey Graves (LA) Mullin Wagner Graham Meng the vote). There are 2 minutes remain- Vela Graves (MO) Mulvaney Walberg Grayson Moore ing. Vela´ zquez Griffith Murphy (PA) Walden Green, Al Moulton Guinta Neugebauer Green, Gene Murphy (FL) Visclosky Walker Guthrie Newhouse b 1717 Grijalva Nadler Walz Walorski Hardy Noem Gutie´rrez Napolitano Wasserman Walters, Mimi So the bill was passed. Harper Nugent Hahn Neal Schultz Weber (TX) Harris Nunes The result of the vote was announced Hastings Nolan Waters, Maxine Webster (FL) Hartzler Olson as above recorded. Heck (WA) Norcross Watson Coleman Wenstrup Heck (NV) Palazzo A motion to reconsider was laid on Higgins Pallone Welch Hensarling Palmer Westerman Himes Pascrell Wilson (FL) Hice, Jody B. Paulsen Westmoreland the table. Hill Pearce Whitfield Stated for: NAYS—239 Holding Perry Williams Mr. GROTHMAN. Mr. Speaker, on rollcall Hudson Pittenger Wilson (SC) Abraham Cramer Hardy Huelskamp Pitts Wittman No. 248, I was in a very important meeting. Aderholt Crawford Harper Huizenga (MI) Poe (TX) Womack Had I been present, I would have voted ‘‘yes.’’ Allen Crenshaw Harris Woodall Amash Culberson Hartzler Hultgren Poliquin f Hunter Pompeo Yoder Amodei Curbelo (FL) Heck (NV) Babin Davis, Rodney Hensarling Hurd (TX) Posey Yoho ENERGY POLICY MODERNIZATION Hurt (VA) Price, Tom Young (AK) Barr Denham Hice, Jody B. Issa Ratcliffe Young (IA) ACT OF 2016 Barton Dent Hill Benishek DeSantis Holding Jenkins (WV) Reed Young (IN) The SPEAKER pro tempore. The un- Johnson (OH) Reichert Zeldin Bilirakis DesJarlais Hudson Johnson, Sam Renacci Zinke finished business is the vote on the mo- Bishop (MI) Diaz-Balart Huelskamp tion to commit on the bill (S. 2012) to Bishop (UT) Dold Huizenga (MI) NOES—179 Black Donovan Hultgren provide for the modernization of the Blackburn Duffy Hunter Adams Cleaver Esty energy policy of the United States, and Blum Duncan (SC) Hurd (TX) Aguilar Clyburn Farr for other purposes, offered by the gen- Bost Duncan (TN) Hurt (VA) Bass Cohen Foster Boustany Ellmers (NC) Issa Beatty Connolly Frankel (FL) tleman from California (Mr. PETERS), Brady (TX) Emmer (MN) Jenkins (WV) Becerra Conyers Fudge on which the yeas and nays were or- Brat Farenthold Johnson (OH) Bera Cooper Gabbard dered. Bridenstine Fitzpatrick Johnson, Sam Beyer Courtney Gallego The Clerk will redesignate the mo- Brooks (AL) Fleischmann Jolly Bishop (GA) Crowley Garamendi Brooks (IN) Fleming Jones Blumenauer Cuellar Graham tion. Buchanan Flores Jordan Bonamici Cummings Grayson The Clerk redesignated the motion. Buck Forbes Joyce Boyle, Brendan Davis (CA) Green, Al The SPEAKER pro tempore. The Bucshon Fortenberry Katko F. Davis, Danny Green, Gene Burgess Foxx Kelly (MS) Brady (PA) DeFazio Grijalva question is on the motion to commit. Byrne Franks (AZ) Kelly (PA) Brown (FL) DeGette Gutie´rrez This is a 5-minute vote. Calvert Frelinghuysen King (IA) Brownley (CA) Delaney Hahn The vote was taken by electronic de- Carter (GA) Garrett King (NY) Bustos DeLauro Hastings vice, and there were—yeas 178, nays Carter (TX) Gibbs Kinzinger (IL) Butterfield DelBene Heck (WA) Chabot Gibson Kline Capps DeSaulnier Higgins 239, not voting 16, as follows: Chaffetz Gohmert Knight Capuano Deutch Himes [Roll No. 249] Clawson (FL) Goodlatte Labrador Carney Dingell Hinojosa Coffman Gosar LaHood Carson (IN) Doggett Honda YEAS—178 Cole Gowdy LaMalfa Cartwright Doyle, Michael Hoyer Adams Beyer Brown (FL) Collins (GA) Graves (GA) Lamborn Castor (FL) F. Huffman Aguilar Bishop (GA) Brownley (CA) Collins (NY) Graves (LA) Lance Chu, Judy Duckworth Israel Ashford Blumenauer Bustos Comstock Graves (MO) Latta Cicilline Edwards Jackson Lee Bass Bonamici Butterfield Conaway Griffith LoBiondo Clark (MA) Ellison Jeffries Beatty Boyle, Brendan Capps Cook Grothman Long Clarke (NY) Engel Johnson (GA) Becerra F. Capuano Costa Guinta Loudermilk Clay Eshoo Johnson, E. B. Bera Brady (PA) Carney Costello (PA) Guthrie Love

VerDate Sep 11 2014 06:32 May 26, 2016 Jkt 059060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.029 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3218 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Lucas Poe (TX) Smith (NJ) Gibbs MacArthur Ross McNerney Richmond Takano Luetkemeyer Poliquin Smith (TX) Gibson Marchant Rothfus Meeks Roybal-Allard Thompson (CA) Lummis Pompeo Stefanik Gohmert Marino Rouzer Meng Ruiz Thompson (MS) MacArthur Posey Stewart Goodlatte McCarthy Royce Moore Ruppersberger Titus Marchant Price, Tom Stivers Gosar McCaul Rush Moulton Ryan (OH) Tonko Marino Ratcliffe Stutzman Gowdy McClintock Russell Murphy (FL) Sa´ nchez, Linda Torres Massie Reed Thompson (PA) Graves (GA) McHenry Salmon Nadler T. Tsongas McCarthy Reichert Thornberry Graves (LA) McKinley Sanford Napolitano Sanchez, Loretta Van Hollen McCaul Renacci Tiberi Neal Sarbanes Graves (MO) McMorris Scalise Vargas McClintock Ribble Tipton Griffith Rodgers Norcross Schakowsky Schrader Veasey McHenry Rice (SC) Trott Grothman McSally Pallone Schiff Schweikert Vela McKinley Rigell Turner Guinta Meadows Pascrell Scott (VA) Scott, Austin Vela´ zquez McMorris Roby Upton Guthrie Meehan Sensenbrenner Payne Scott, David Rodgers Roe (TN) Valadao Hardy Messer Pelosi Serrano Visclosky Sessions Walz McSally Rogers (AL) Wagner Harper Mica Shimkus Perlmutter Sewell (AL) Meadows Rogers (KY) Walberg Peters Sherman Wasserman Harris Miller (FL) Shuster Meehan Rohrabacher Walden Pingree Sinema Schultz Hartzler Miller (MI) Simpson Messer Rokita Walker Heck (NV) Moolenaar Pocan Sires Waters, Maxine Smith (MO) Mica Rooney (FL) Walorski Hensarling Mullin Polis Slaughter Watson Coleman Smith (NE) Miller (FL) Ros-Lehtinen Walters, Mimi Hice, Jody B. Mulvaney Price (NC) Smith (WA) Welch Smith (NJ) Miller (MI) Roskam Weber (TX) Hill Murphy (PA) Quigley Speier Wilson (FL) Smith (TX) Moolenaar Ross Webster (FL) Holding Neugebauer Rangel Swalwell (CA) Zeldin Stefanik Mullin Rothfus Wenstrup Hudson Newhouse Stewart Mulvaney Rouzer Westerman Huelskamp Noem NOT VOTING—14 Stivers Murphy (PA) Royce Westmoreland Huizenga (MI) Nolan Ca´ rdenas Hanna O’Rourke Stutzman Neugebauer Russell Whitfield Hultgren Nugent Castro (TX) Herrera Beutler Rice (NY) Thompson (PA) Newhouse Salmon Williams Hunter Nunes Fattah Jenkins (KS) Takai Thornberry Noem Sanford Wilson (SC) Hurd (TX) Olson Fincher McDermott Yarmuth Nugent Scalise Wittman Hurt (VA) Palazzo Tiberi Granger Mooney (WV) Nunes Schweikert Womack Issa Palmer Tipton Olson Scott, Austin Woodall Jenkins (WV) Paulsen Trott b 1731 Turner Palazzo Sensenbrenner Yoder Johnson (OH) Pearce Mr. FRANKS of Arizona changed his Palmer Sessions Yoho Johnson, Sam Perry Upton Paulsen Shimkus Young (AK) Jolly Peterson Valadao vote from ‘‘no’’ to ‘‘aye.’’ Pearce Shuster Young (IA) Jordan Pittenger Wagner So the bill was passed. Perry Simpson Young (IN) Joyce Pitts Walberg The result of the vote was announced Walden Pittenger Smith (MO) Zeldin Katko Poe (TX) as above recorded. Pitts Smith (NE) Zinke Kelly (MS) Poliquin Walker Kelly (PA) Pompeo Walorski A motion to reconsider was laid on NOT VOTING—16 King (IA) Posey Walters, Mimi the table. Barletta Hanna Rice (NY) King (NY) Price, Tom Weber (TX) Stated against: Ca´ rdenas Herrera Beutler Scott, David Kinzinger (IL) Ratcliffe Webster (FL) Mr. RUSH. Mr. Speaker, during rollcall Vote Castro (TX) Jenkins (KS) Takai Kline Reed Wenstrup Westerman No. 250 on S. 2012, I mistakenly recorded my Fattah Kaptur Yarmuth Knight Reichert Fincher Mooney (WV) Labrador Renacci Westmoreland vote as ‘‘yea’’ when I should have voted Granger O’Rourke LaHood Ribble Whitfield ‘‘nay.’’ LaMalfa Rice (SC) Williams Wilson (SC) f b 1723 Lamborn Rigell Lance Roby Wittman REPORT ON H.R. 5325, LEGISLA- Latta Roe (TN) Womack So the motion to commit was re- TIVE BRANCH APPROPRIATIONS jected. LoBiondo Rogers (AL) Woodall Long Rogers (KY) Yoder ACT, 2017 The result of the vote was announced Loudermilk Rohrabacher Yoho as above recorded. Love Rokita Young (AK) Mr. GRAVES of Georgia, from the The SPEAKER pro tempore. The Lucas Rooney (FL) Young (IA) Committee on Appropriations, sub- Luetkemeyer Ros-Lehtinen Young (IN) mitted a privileged report (Rept. No. question is on the passage of the bill. Lummis Roskam Zinke The question was taken; and the 114–594) on the bill (H.R. 5325) making Speaker pro tempore announced that NOES—178 appropriations for the Legislative Branch for the fiscal year ending Sep- the ayes appeared to have it. Adams DeGette Israel tember 30, 2017, and for other purposes, RECORDED VOTE Aguilar Delaney Jackson Lee Amash DeLauro Jeffries which was referred to the Union Cal- Mr. MCGOVERN. Mr. Speaker, I de- Bass DelBene Johnson (GA) endar and ordered to be printed. mand a recorded vote. Beatty DeSaulnier Johnson, E. B. The SPEAKER pro tempore. Pursu- Becerra Deutch Jones A recorded vote was ordered. ant to clause 1, rule XXI, all points of The SPEAKER pro tempore. This is a Bera Dingell Kaptur Beyer Doggett Keating order are reserved on the bill. 5-minute vote. Blumenauer Dold Kelly (IL) f The vote was taken by electronic de- Bonamici Doyle, Michael Kennedy vice, and there were—ayes 241, noes 178, Boyle, Brendan F. Kildee MOTION TO GO TO CONFERENCE F. Duckworth Kilmer not voting 14, as follows: Brady (PA) Edwards Kind ON S. 2012, ENERGY POLICY MOD- [Roll No. 250] Brown (FL) Ellison Kirkpatrick ERNIZATION ACT OF 2016 Brownley (CA) Engel Kuster AYES—241 Bustos Eshoo Langevin Mr. BARTON. Mr. Speaker, pursuant Abraham Buchanan Culberson Butterfield Esty Larsen (WA) to House Resolution 744, I have a mo- Aderholt Buck Curbelo (FL) Capps Farr Larson (CT) tion at the desk. Allen Bucshon Davis, Rodney Capuano Fitzpatrick Lawrence The SPEAKER pro tempore. The Amodei Burgess Denham Carney Foster Lee Ashford Byrne Dent Carson (IN) Frankel (FL) Levin Clerk will report the motion. Babin Calvert DeSantis Cartwright Fudge Lewis The Clerk read as follows: Barletta Carter (GA) DesJarlais Castor (FL) Gabbard Lieu, Ted Mr. Barton moves that the House insist on Barr Carter (TX) Diaz-Balart Chu, Judy Gallego Lipinski Barton Chabot Donovan Cicilline Garamendi Loebsack its amendment to S. 2012 and request a con- Benishek Chaffetz Duffy Clark (MA) Graham Lofgren ference with the Senate thereon. Bilirakis Clawson (FL) Duncan (SC) Clarke (NY) Grayson Lowenthal The SPEAKER pro tempore. The gen- Bishop (GA) Coffman Duncan (TN) Clay Green, Al Lowey Bishop (MI) Cole Ellmers (NC) Cleaver Green, Gene Lujan Grisham tleman from Texas (Mr. BARTON) is rec- Bishop (UT) Collins (GA) Emmer (MN) Clyburn Grijalva (NM) ognized for 1 hour. Black Collins (NY) Farenthold Cohen Gutie´rrez Luja´ n, Ben Ray Mr. BARTON. Mr. Speaker, I won’t Blackburn Comstock Fleischmann Connolly Hahn (NM) take nearly that much time. Blum Conaway Fleming Conyers Hastings Lynch Bost Cook Flores Cooper Heck (WA) Maloney, This motion authorizes a conference Boustany Costa Forbes Courtney Higgins Carolyn on S. 2012. This is a bill that will up- Brady (TX) Costello (PA) Fortenberry Crowley Himes Maloney, Sean date our national energy policy. Brat Cramer Foxx Cummings Hinojosa Massie Mr. Speaker, I yield back the balance Bridenstine Crawford Franks (AZ) Davis (CA) Honda Matsui Brooks (AL) Crenshaw Frelinghuysen Davis, Danny Hoyer McCollum of my time, and I move the previous Brooks (IN) Cuellar Garrett DeFazio Huffman McGovern question on the motion.

VerDate Sep 11 2014 08:27 May 26, 2016 Jkt 059060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.033 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3219 The previous question was ordered. The Land and Water Conservation eral Government already has a $20 bil- The SPEAKER pro tempore. The Fund benefits people. It benefits the lion backlog in the maintenance of question is on the motion offered by environment. It benefits companies and what we already have. Park Service the gentleman from Texas (Mr. BAR- allows them to drill off our shores. It alone has a $12 billion backlog in the TON). benefits the Federal budget. It benefits maintenance of the programs we al- The motion was agreed to. those mainly western States with lots ready have. A motion to reconsider was laid on of public land. It is a win-win-win. So what we are basically trying to do the table. Our colleagues in the Senate saw fit in this motion to instruct is to tell us MOTION TO INSTRUCT OFFERED BY MR. to include permanent reauthorization to go in there and fight for money to GRIJALVA for LWCF in the Senate-passed energy go to a program to get more land when Mr. GRIJALVA. Mr. Speaker, I have bill, a bill which received over- we can’t actually manage what we a motion at the desk. whelming support, including most Re- want. The SPEAKER pro tempore. The publicans. If the program was to go and say it Clerk will report the motion. The Land and Water Conservation would be mandatory for local govern- The Clerk read as follows: Fund is pretty popular here in the ments to be able to pick and choose Mr. Grijalva moves that the managers on House as well. My legislation to perma- their recreation opportunity, then you the part of the House at the conference on nently reauthorize the program, H.R. have got something that makes sense, the disagreeing votes of the two Houses on 1814, has 207 bipartisan cosponsors. but that is not what the Senate has the House amendment to the bill S. 2012 (an There is no doubt that many of the tried to do in their appropriations. Act to provide for the modernization of the provisions in the House and Senate en- Now, last December, the House did energy policy of the United States, and for ergy bills are controversial. It is, vote on this issue when it reauthorized other purposes) be instructed to insist on in- frankly, difficult to see a path toward the Land and Water Conservation Fund clusion of section 5002 of S. 2012. a bipartisan conference report. In such for 3 more years. But what they did in The SPEAKER pro tempore. Pursu- a contentious conference situation, a that process is do, at least, the first ant to clause 7 of rule XXII, the gen- provision reauthorizing a program as step of the reform by saying, if you are tleman from Arizona (Mr. GRIJALVA) widely popular as LWCF would play a going to do it for 3 more years, at and the gentleman from Utah (Mr. constructive role in moving toward least, at least as a minimum 50 percent BISHOP) each will control 30 minutes. consensus. has to go to the States, and then you The Chair recognizes the gentleman Section 5002 from the Senate bill can spend the other 50 percent for this from Arizona (Mr. GRIJALVA). should be absolutely included in the quixotic effort to control all the land Mr. GRIJALVA. Mr. Speaker, the conference report. in America. But at least do that. Now, Democratic motion would instruct I reserve the balance of my time. unfortunately, that, at least, is a re- House conferees to insist that section Mr. BISHOP of Utah. Mr. Speaker, I form to make the process better. 5002 of S. 2012 be included in the final yield myself such time as I may con- But this motion to instruct would conference report on this energy pack- sume. tell us to even go back from that and age. Section 5002 of the Senate bill I rise in opposition to the motion. I would not even put that modest type of would permanently reauthorize the appreciate that this is a nonbinding reform into the program. At the min- Land and Water Conservation Fund resolution, so I have to appreciate the imum, that should be the way. It and make other minor changes to the fact that—hopefully, I think I will be should not be a process where we try program. one of the conferees—the instructions and walk back from what we have al- The Land and Water Conservation tell me to do what I already can do. ready done. It should not be a process Fund Act of 1965 is based on a simple At this time, we are looking at a pro- where we forget what the original in- idea. If we are going to allow Big Oil to gram that does not necessarily fit with tent of this program is. It should not make huge profits from drilling off our the goal of the rest of the bill. Look, be a process in which we add to the coasts, then a small percentage of everything that we are doing in this Federal estate when we can’t manage those profits should be set aside for entire bill that we just passed was to what we already have. It should not be parks and recreational opportunities support House-endorsed programs. This a process that basically has been onshore. The oil and gas on the Outer now asks us to do something that has abused from the intent of 1965. Continental Shelf belongs to all our never been endorsed by the House. In So, with that, I appreciate the offer constituents, so it is only right that all fact, it is quite the opposite. to instruct me to do what I can already of our constituents should see the same So, when the Land and Water Con- do. I appreciate that this is still non- benefit when Big Oil develops these reservation Fund was first established binding. It is a nice concept, nice spir- sources. back in 1965, the goal was that 60 per- it. There is a better way. We did a bet- Fifty years later, the program has cent of all the revenue that is gen- ter way before. We can come up with a been a huge success. More than $36 bil- erated would go to local governments better way now. lion has accrued to the fund. Millions to build what they call the state assist- Mr. Speaker, I have no other speak- of acres have been conserved and ance grant program. That program is ers. Let’s move this stuff along as projects have been funded in every widely popular. In fact, unfortunately, quickly as we can. I already said what State in the Union. most people think that that 60 percent, we are supposed to do. Meanwhile, the companies paying as originally intended, is the entire If we are really serious about these into the fund have become some of the Land and Water Conservation Fund. instructions, let’s do an instruction most profitable multinational con- The sad part is that, over the years, that actually moves us forward. I know glomerates in human history. Over the that 60 percent has dwindled away and that they are still just simply non- same five decades, States with large is no longer a statutory mandate. It binding issues. It is kind of cute, but it amounts of public land have developed dwindled down to like 16 percent of all doesn’t move the body forward and it robust tourism and recreation econo- that money was going to those state- certainly does not support House- mies, with job and economic opportuni- side widely popular programs to help backed positions. ties and a quality of life attractive local governments come up with recre- I yield back the balance of my time. enough to make them among the fast- ation opportunities for their citizens. Mr. GRIJALVA. Mr. Speaker, I yield est growing communities in the coun- That part that everyone supports had myself such time as I may consume. try. dwindled from 60 down to 16 percent. Some of the claims that the Land By investing and expanding rec- The rest of the money went for the and Water Conservation Fund is some reational opportunities, Congress gets Federal Government to acquire more kind of a slush fund are completely a significant return on its investment property. false. All LWCF expenditures are ap- as outdoor recreation generates $646 Now, if you think about this ration- proved by Congress through the appro- billion in spending each year, supports ally for a second, we are putting more priations process. The proposed land 6.1 million jobs, and $39.9 billion in tax money into the Federal Government to acquisitions are developed over many revenue. acquire more property when the Fed- years after a public land management

VerDate Sep 11 2014 06:32 May 26, 2016 Jkt 059060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.082 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3220 CONGRESSIONAL RECORD — HOUSE May 25, 2016 planning process. This is a far more re- vious question is ordered on the motion The amendment was rejected. sponsible and transparent process than to instruct. AMENDMENT NO. 34 OFFERED BY MR. PITTENGER many Federal expenditures, and it is There was no objection. Mr. PITTENGER. Mr. Chairman, I opposite of a slush fund. The SPEAKER pro tempore. The have an amendment at the desk. The allegation that the Land and question is on the motion to instruct. The Acting CHAIR. The Clerk will Water Conservation Fund has drifted The question was taken; and the designate the amendment. from its original intent is also false. Speaker pro tempore announced that The text of the amendment is as fol- The purpose of the program is to pro- the noes appeared to have it. lows: Mr. GRIJALVA. Mr. Speaker, on that vide balance. As we allow oil compa- At the end of the bill (before the short nies to reap massive profits from Fed- I demand the yeas and nays. The yeas and nays were ordered. title), insert the following: eral oil reserves, we should set some of SEC. ll. None of the funds made available The SPEAKER pro tempore. Pursu- by this Act may be used to revoke funding the revenue aside for conservation pur- ant to clause 8 of rule XX, further proposes, and that is still what LWCF does previously awarded to or within the State of ceedings on this question will be post- North Carolina. today. poned. Funding for State matching grants The Acting CHAIR. Pursuant to has fluctuated over the years, but that f House Resolution 743, the gentleman is not a drift. That is the result of pre- ENERGY AND WATER DEVELOP- from North Carolina (Mr. PITTENGER) vious Congress’ appropriations deci- MENT AND RELATED AGENCIES and a Member opposed each will con- sions, many of which were made during APPROPRIATIONS ACT, 2017 trol 5 minutes. The Chair recognizes the gentleman Republican Congresses. GENERAL LEAVE Mr. SIMPSON. Mr. Speaker, I ask from North Carolina. b 1745 Mr. PITTENGER. Mr. Chairman, I unanimous consent that all Members The truth is, LWCF is under attack rise today in full support of this very may have 5 legislative days in which to precisely because for 50 years it has not revise and extend their remarks and in- critical amendment. The objective of drifted from its conservation goals. We clude extraneous material on the fur- this amendment is to prohibit the do not need to rob LWCF in order to ther consideration of H.R. 5055, and President of the United States from repay the maintenance costs. Federal that I may include tabular material on stricting funds to go to North Carolina. land management agencies have main- the same. The President’s emissaries have stat- tenance backlogs because Congress re- The SPEAKER pro tempore. Is there ed through the Department of Trans- fuses to give them the funding they de- objection to the request of the gen- portation, Department of Education, serve and need. Any Member concerned tleman from Idaho? Department of Justice, Department of about backlogged maintenance should There was no objection. Housing and Urban Development, and, contact the Committee on Appropria- The SPEAKER pro tempore. Pursu- yes, through Valerie Jarrett and tions immediately and express support ant to House Resolution 743 and rule through his press secretary, Josh Ear- for an increase in maintenance budg- XVIII, the Chair declares the House in nest, that funds should not be dis- ets. You can do this without gutting the Committee of the Whole House on pensed to North Carolina until North LWCF. the state of the Union for the further Carolina is coerced into complying Finally, LWCF is not a Federal land consideration of the bill, H.R. 5055. with the legal beliefs of the President grab. At least 40 percent of LWCF Will the gentleman from Illinois (Mr. and his political views. money goes to States in the form of HULTGREN) kindly take the chair. We believe that this is an egregious matching grants. The Federal funding b 1849 abuse of executive power and that the is targeted at in-holdings, already sur- State of North Carolina should not be rounded by Federal land. Acquiring an IN THE COMMITTEE OF THE WHOLE required to comply with the Presi- in-holding does not increase the size of Accordingly, the House resolved dent’s wishes. The President is not a the Federal footprint. Buying in-hold- itself into the Committee of the Whole monarch; he is not a dictator; he ings can provide access to parcels that House on the state of the Union for the doesn’t issue fiats. We are a constitu- are closed because there is no public further consideration of the bill (H.R. tional divided government. access route. These purchases are from 5055) making appropriations for energy This amendment I am offering today willing sellers. These are people who and water development and related stops the President from bullying want to sell their land. agencies for the fiscal year ending Sep- States, stops the President from bul- Those who oppose this motion to in- tember 30, 2017, and for other purposes, lying North Carolina. What he seeks to struct or oppose LWCF are part of a with Mr. HULTGREN (Acting Chair) in do in North Carolina, he has sought to larger campaign to hand over all re- the chair. do around the country. He has sent let- The Clerk read the title of the bill. maining open space to private develop- The Acting CHAIR. When the Com- ters to the Departments of Education ment. Oil and gas companies, mining mittee of the Whole rose earlier today, in every State giving them guidelines. conglomerates, timber companies, real an amendment offered by the gen- Already 11 States in the country have estate developers, and large scale agri- sued the Federal Government over the tleman from Colorado (Mr. POLIS) had businesses would love to get their been disposed of, and the bill had been abuse of these egregious powers. hands on the open space in the West. This is not a fight about a city ordi- read through page 80, line 12. Some in Congress want to help them, nance with wording that was poorly VACATING DEMAND FOR RECORDED VOTE ON and they see LWCF standing in the edited or about a legislature. This is AMENDMENT OFFERED BY MR. WELCH way because it conserves open space for Ms. KAPTUR. Mr. Chair, I ask unani- about a constitutional divided govern- public and not private use. mous consent that the request for a re- ment. To that end, I would submit to Congress should reauthorize and corded vote on the amendment offered our colleagues in the House of Rep- strengthen this program. We face more by the gentleman from Vermont (Mr. resentatives that it is critical that we habitat fragmentation, greater urban address this and we rein in this Presi- WELCH) be withdrawn to the end that sprawl, and more severe climate the Chair put the question de novo. dent, who has time and again used his change than ever before. It is time to The Acting CHAIR. The Clerk will re- authority and abused his power; that double down on the promise of the designate the amendment. we must submit to the President and Land and Water Conservation Fund, The Clerk redesignated the amend- to the will of the people that we are a not fold so developers can cash out. ment. country of the people, by the people, The energy bill is the place to do The Acting CHAIR. Is there objection and for the people, and this is a con- that, and I urge the adoption of the to the request of the gentlewoman stitutionally divided government. motion to instruct. from Ohio? I yield such time as he may consume Mr. Speaker, I yield back the balance There was no objection. to the gentleman from North Carolina of my time. The Acting CHAIR. The question is (Mr. WALKER). The SPEAKER pro tempore (Mr. CUL- on the amendment offered by the gen- Mr. WALKER. Mr. Chairman, today I BERSON). Without objection, the pre- tleman from Vermont (Mr. WELCH). rise in support of this amendment.

VerDate Sep 11 2014 06:59 May 26, 2016 Jkt 059060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.083 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3221 President Obama and his administra- tained in the bill, like Denali and essary to make sure that contractors tion are threatening to remove Federal Northern Border—from making respon- at various sites are doing their job; it funding to North Carolina’s educators, sible financial decisions and basic over- doesn’t mean that you just have to pay law enforcement, and critical infra- sight of Federal dollars going into them no matter what. structure as punishment for its passage North Carolina. The reality is that this administra- of the Public Facilities Privacy & Se- I find it interesting that my col- tion, as we all know, is using its pen curity Act. This is despite the fact that leagues on the other side of the aisle and phone to execute executive orders, this administration’s lawsuit against support this amendment, as they nor- and they are punishing the State of North Carolina is still pending and un- mally are such strong supporters of fis- North Carolina because they don’t like resolved. Simply put, our courts have cal responsibility and government ac- something that North Carolina did. It not yet found North Carolina in viola- countability and fiscal oversight. Pro- is in a court. And the Federal Govern- tion of the law. hibiting the Federal Government from ment should not have the ability to To punish or to threaten to punish being able to withhold or revoke fund- come in and prejudge the outcome of North Carolina before our courts have ing in a particular State would aban- that determination by the court by properly ruled on the case violates our don that principle. withholding funds from the State of Constitution. It is for our courts, not How do we know that contractors are North Carolina simply because it President Obama, to adjudicate wheth- meeting their obligations? How do we doesn’t like what North Carolina did. er someone has violated the law. know that criminal activity is not oc- So this is a good amendment, and I Further, our Nation was founded on curring inside the State of North Caro- compliment the gentleman for bringing the strength of diverse values. During lina related to Federal expenditures in it forward. this time of heated rhetoric, we must that State? We have got numerous provisions in focus on maintaining a civil society If this amendment were accepted, the this bill to stop the administration and where the government does not punish Department of Energy, the Army Corps their efforts to impose policies without people for what they believe, but al- of Engineers—these are huge con- regard to current law or the support of lows an open discourse to all where all tracting departments—would be pro- the Congress. I compliment the gen- are free to follow their beliefs. hibited from conducting investigations tleman. This is why this amendment is nec- of performance issues related to con- Mr. PITTENGER. Mr. Chairman, I essary—to protect North Carolinians tracts or financial assistance awards. submit this is a good amendment. I do from President Obama’s executive The departments could not terminate believe that what we do with this overreach and maintain our constitu- financial assistance agreements for amendment is prevent the egregious tional system. material noncompliance. abuse of power by our President and Mr. PITTENGER. Mr. Chairman, I I don’t think that the gentleman allow the adjudication of this process submit to my colleagues in the House wishes to promote irresponsibility, but to be completed by the Justice Depart- of Representatives that now is the time I think that is what his amendment ac- ment. that we must stand. We cannot allow tually does. If an award winner wanted I yield back the balance of my time. the President of the United States to to terminate their relationship with The Acting CHAIR (Mr. continue to bully. We must wait on the one of the departments or agencies LOUDERMILK). The gentleman will adjudication by this court action with under our bill for whatever reason, the avoid inappropriate references to the the Department of Justice. We must Federal Government could not accept President. wait and allow the people to decide and that termination. This throws a Ms. KAPTUR. Mr. Chair, may I in- make these determinations through its wrench into every Federal project inquire how much time I have remaining, constitutionally divided government. side of your State. I don’t think the please? I thank my colleagues, and I thank gentleman really wants to do that. The Acting CHAIR. The gentlewoman Mr. SIMPSON for his leadership on this If an organization which receives from Ohio has 2 minutes remaining. bill. funding, for example, from the Depart- Ms. KAPTUR. Mr. Chair, I hate to Mr. Chairman, I reserve the balance ment of Energy commits fraud, the De- disagree with the chairman of our sub- of my time. partment of Energy has no recourse. committee. But let me just say that PARLIAMENTARY INQUIRY They can’t report on the performance the amendment actually reads: ‘‘None Ms. KAPTUR. Mr. Chairman, I have a of the organization because it could of the funds made available by this act parliamentary inquiry. prevent them from winning future may be used to revoke funding pre- The Acting CHAIR. The gentlewoman awards. viously awarded.’’ will state her parliamentary inquiry. I can think of no greater irrespon- ‘‘None of the funds.’’ That means Ms. KAPTUR. Mr. Chairman, I would sible or unjust system than building on there can be no oversight. If criminal like to assure the Members that the restrictions that deny the American activity is occurring, none of the funds following amendment is the one that people a proper functioning oversight may be used to revoke funding pre- we are debating: ‘‘None of the funds by the Federal Government, including viously awarded. made available by this act may be used the literally billions of dollars that go What kind of an amendment is this? to revoke funding previously awarded into the State of North Carolina. Those This is a very irresponsible amend- to or within the State of North Caro- don’t only come from our committee or ment, and it shouldn’t be on this bill. If lina.’’ our subcommittee, but they are signifi- the gentleman has got some problem Is this the amendment that the gen- cant. down there he wants to solve, we will tleman is offering? I must oppose this amendment. I be happy to work with him on that on. The Acting CHAIR. Amendment No. urge my colleagues to vote ‘‘no.’’ But I think to tie the hands of our gov- 34, as printed in the CONGRESSIONAL Mr. Chairman, I reserve the balance ernment in making sure that every RECORD, is pending. of my time. taxpayer dollar is properly managed Ms. KAPTUR. Okay. I thank the Mr. PITTENGER. Mr. Chairman, I and has oversight is really wrong- Chair so very much. In such case, I yield such time as he may consume to headed. claim the time in opposition to the the gentleman from Idaho (Mr. SIMP- Again, I urge my colleagues to vote amendment. SON). ‘‘no’’ on the Pittenger amendment. The Acting CHAIR. The gentlewoman Mr. Chair, I yield back the balance of from Ohio is recognized for 5 minutes. b 1800 my time. Ms. KAPTUR. Mr. Chairman, I rise in Mr. SIMPSON. I thank the gen- The Acting CHAIR. The question is strong opposition to this amendment tleman for yielding. on the amendment offered by the gen- which ties the hands of several depart- I actually support this amendment, tleman from North Carolina (Mr. ments—certainly the Department of and I don’t think it was as drastic as PITTENGER). Energy, the Army Corps of Engineers, was just characterized by the ranking The question was taken; and the Act- the Bureau of Reclamation, all of our member. The fact is you can still have ing Chair announced that the ayes ap- independent agencies that are con- oversight; you can still do what is nec- peared to have it.

VerDate Sep 11 2014 06:59 May 26, 2016 Jkt 059060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.085 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3222 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Ms. KAPTUR. Mr. Chair, I demand a the largest estuary on the West Coast exaggeration that is going on now. recorded vote. of the Western Hemisphere. It is not There were periods this past year The Acting CHAIR. Pursuant to needed. It is, at a minimum, a $15 bil- alone, just in the last few months, that clause 6 of rule XVIII, further pro- lion boondoggle that will not create 1 there were 150,000 cubic feet per second ceedings on the amendment offered by gallon of new water. It will only de- flowing through that delta. the gentleman from North Carolina stroy. It will be the ultimate death. Now, these tunnels, I do not believe will be postponed. Some day, what was proved here in are the ultimate solution for the delta AMENDMENT OFFERED BY MR. GARAMENDI the House of Representatives not more and for the valley, but I do believe that Mr. GARAMENDI. Mr. Chairman, I than an hour ago, some day the votes taking more options off the table and have an amendment at the desk. will be there both in the House of Rep- an option that, actually, the Governor The Acting CHAIR. The Clerk will re- resentatives and in the Senate and a of California—a close friend of the per- port the amendment. bill will be sent to the President that son that offered this amendment—does The Clerk read as follows: will not be able to be vetoed. We will support, and making sure that we have At the end of the bill (before the short see the death of the largest estuary, an honest debate as we go forward to title), insert the following: the most important estuary on the solve the problems of the delta, that we SEC. ll. None of the funds made available West Coast of the Western Hemisphere have to have all options on the table. by this Act may be used by the Bureau of from Alaska to Chile. There is no other I have looked for every opportunity Reclamation to issue a permit for California place like this. to have an honest dialogue across the WaterFix or, with respect to California The solutions are known. They have aisle. We have had those conversations. WaterFix, to provide for compliance under been proposed. They have been out section 102 of the National Environmental Those who were in the room with us Policy Act of 1969 (42 U.S.C. 4332) or section there. Build the infrastructure. walked away and told the press they 7 of the Endangered Species Act of 1973 (16 I have introduced a bill that would never existed or were never a part of U.S.C. 1536). provide the Federal Government to them. Now they are coming back and The Acting CHAIR. Pursuant to work with the State government, in asking for those same private con- proposition 1 at the State level, to House Resolution 743, the gentleman versations again, and we are not going bring into harmony reservoirs, under- from California and a Member opposed to play that game anymore. We want ground aquifers, conservation, recy- each will control 5 minutes. to make sure we have an honest dia- The Chair recognizes the gentleman cling, desalinization, community water logue. from California. supplies. In conference, as this bill moves for- It is in the legislation. It is available Mr. GARAMENDI. Mr. Chairman, I ward and as long as language is there, to us today. All of that, without de- yield myself such time as I may con- we have the opportunity to have that stroying the delta and also operating it sume. dialogue and keep those options on the in such a manner that we let science About an hour ago, this House of table that the Governor of California determine what to do—not legislation, Representatives kicked off a new quar- actually supports. Anybody who sup- not legislation here, not the desire of ter in the ongoing California water ports this amendment is actually clos- the Governor of California, but, rather, war. This House passed a piece of legis- ing more opportunities for us to have science. lation that will ultimately gut the En- Where are the fish? Are they going to that open dialogue, so I rise in opposi- dangered Species Act; the Clean Water be harmed? Ramp the pumps down. If tion to this. Act; the biological opinions protecting they are not going to be harmed, then I yield such time as he may consume salmon and smelt; the health of the turn the pumps on—very simple. But to the gentleman from California (Mr. largest estuary on the West Coast of the solution that passed the House CALVERT), the chairman. the Western Hemisphere, the San Fran- today doesn’t do that. Oh, it gives Mr. CALVERT. Mr. Chair, here we cisco Bay; and salmon up and down the some bypassing words to the Endan- go. This last winter, as the gentleman Pacific Coast. gered Species Act, to the biological pointed out, actually upwards of 200,000 This amendment is designed to stop opinions. But, in reality, what it does, cubic feet per second were moving the ultimate threat to the California it says turn the dam pumps on anyway. through the delta. On days like that, Sacramento-San Joaquin Delta and Let them rip. Let them destroy the we were pumping 2,300 cubic feet per San Francisco Bay. The ultimate delta. second at the pumps. threat is the twin tunnels that are This bill speaks to the second threat Now, the Governor believes—and being proposed by the Brown adminis- to the delta—not the legislation that many believe—that the solution, be- tration, tunnels that are sized at 15,000- was passed today, but the issue that is cause they were afraid it was going to cubic-feet-per-second capacity, tunnels before the California voters in Novem- reverse flow, the delta, when 200,000 that have the capability to take half or ber, the issue that is before the Cali- cubic feet are moving through the take all of the water out of the Sac- fornia Legislature and others today— delta, is to build these tunnels. And ramento River. and that issue is: Should the tunnels be now, if these tunnels are built, we are Six months of the year, the Sac- built? saying we are going to suck dry the ramento River flows somewhere be- The tunnels must never be built. Sacramento River. Come on. That tween 12,000 and 18,000 cubic feet per They must never be built because they couldn’t happen. We can’t even pump second. These tunnels, if ever built, are the ultimate existential threat to up to the biological opinion. will be capable of literally sucking the the delta. With their size, 15,000 cubic We are not talking about evis- Sacramento River dry and destroying feet per second, they are perfectly ca- cerating the Endangered Species Act. the largest estuary on the West Coast pable of taking all of the water out of We are talking about pumping water of the Western Hemisphere. the Sacramento River half of the year. up to the biological opinion of 5,000 This amendment is designed to pro- Don’t ever build something that is so cubic feet per second. We all know that tect the delta by denying the State of destructive. those pumps are capable of pumping up California the opportunity to use the Mr. Chairman, I yield back the bal- to 11,000 cubic feet per second. They Federal Government to build such a de- ance of my time. couldn’t even pump 15,000 cubic feet per structive system. We don’t need that Mr. VALADAO. Mr. Chairman, I rise second, because they can only go up to system. in opposition to the amendment. 11,000 cubic feet. There are solutions to the delta prob- The Acting CHAIR. The gentleman Saying that, this is a solution that is lem. There are solutions that are capa- from California is recognized for 5 min- on the table. It has been thought out. ble of addressing the water issues of utes. It costs a lot of money. I know there California. They have been proposed for Mr. VALADAO. Mr. Chairman, I real- are some questions that have to be an- many, many years. But this particular ly wish on this floor that there was a swered. But the solution that the gen- proposal that has been on the books requirement that we had to tell the tleman keeps bringing up is a solution for, now, nearly half a decade is the ul- whole truth and nothing but the truth. that nobody can agree to. timate vampire ditch that will suck Mr. Chairman, the amendment that So we are doing the best we can in the Sacramento River dry and destroy is being offered here, there is a huge the majority to make sure that we

VerDate Sep 11 2014 06:59 May 26, 2016 Jkt 059060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.088 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3223 have water for the people in the Cen- There was no objection. The sweeping changes that the White tral Valley—and, by the way, for south- The Acting CHAIR. Pursuant to House is utilizing did not go through ern California, where our economy is House Resolution 743, the gentleman the normal regulatory process, and suffering because of this; certainly, the from Arizona and a Member opposed there was no public comment. Central Valley is suffering because of each will control 5 minutes. Unfortunately, this administration this—and to come up with solutions The Chair recognizes the gentleman just doesn’t get it and continues to try that can work. from Arizona. to circumvent Congress to impose an Mr. VALADAO. Mr. Chairman, how Mr. GOSAR. Mr. Chairman, I rise extremist environmental agenda that much time do I have remaining? today to offer a commonsense amend- is not based on the best available The Acting CHAIR. The gentleman ment that will protect American jobs science. from California has 11⁄2 minutes re- and our economy by prohibiting funds Worse yet, the model utilized to pre- maining. from being used to implement the dict the social cost of carbon can be Mr. VALADAO. Mr. Chairman, again, Obama administration’s flawed social easily manipulated to arrive at the de- I have to rise in opposition to this. I cost of carbon valuation. sired outcome. think we have to have an open dialogue This job killing and unlawful guid- For instance, the administration re- on water legislation going forward, and ance sneakily attempts to pave the cently attempted to justify the EPA’s it obviously needs to be transparent way for cap-and-trade-like mandates. methane rule using the social cost of and open for the world to see. Congress and the American people have carbon. Using this flawed metric, they We have tried working quietly with repeatedly rejected cap-and-trade proclaim that the EPA’s methane rule will some folks and, obviously, that didn’t posals. yield climate benefits of $690 million in produce anything. This is the next best Knowing that he can’t lawfully enact 2025 and that those benefits will out- option: having that option to have an a carbon tax plan, President Obama is weigh the $530 million that the rule open dialogue with all options on the attempting to circumvent Congress by will cost businesses and job creators table. We already have the option that playing loose and fast with the Clean that year alone. is being performed today, where my Air Act and unilaterally implementing Clearly, the social cost of carbon is district is suffering, unemployment is this unlawful new requirement under the administration’s latest unconstitu- through the roof, and people are truly the guise of guidance. tional tool to deceive the American suffering, and that needs to be fixed. The committee was wise to raise con- people and to enact job-killing regula- We are asking for a simple solution cern about the administration’s abuse tions. to this. Legislation has been intro- of the social cost of carbon valuation The House voted in favor of similar duced. It has been part of a couple in the report. My amendment explic- measures to reject the social cost of pieces of legislation now. I think it is a itly prohibits funds from being used to carbon four times last Congress and very reasonable request, and I strongly implement this deeply flawed guidance multiple times over the last couple of recommend a ‘‘no’’ on this amendment. in the bill text. years. I yield back the balance of my time. The House voted in favor of similar This amendment is supported by the The Acting CHAIR. The question is measures to reject the social cost of Americans for Limited Government, on the amendment offered by the gen- carbon four times last Congress and Americans for Tax Reform, Arch Coal, tleman from California (Mr. multiple times over the past couple of the Council for Citizens Against Gov- GARAMENDI). years. ernment Waste, FreedomWorks, the The amendment was rejected. Roger Martella, a self-described, life- National Taxpayers Union, the Tax- b 1815 long environmentalist and career envi- payers Protection Alliance, and the ronmental lawyer, testified at the May Gila County Cattle Growers Associa- AMENDMENT OFFERED BY MR. GOSAR 2015 House Natural Resources Com- tion. Mr. GOSAR. Mr. Chairman, I have an mittee hearing on the revised guidance I ask that all Members join me once amendment at the desk. and the flaws associated with the so- again in rejecting this flawed proposal The Acting CHAIR. The Clerk will re- cial cost of carbon model, stating that and in protecting job rights here in port the amendment. the social cost of carbon estimates suf- America. The Clerk read as follows: fer from a number of significant flaws I commend the chairman and the At the end of the bill (before the short that should exclude them from the committee for their efforts on this leg- title), insert the following: NEPA process. islation and for recognizing that the SEC. ll. None of the funds made available by this Act may be used to prepare, propose, Among these flaws are: NEPA process is in desperate need of or promulgate any regulation or guidance One: The projected costs of carbon reform. that references or relies on the analysis con- emissions can be manipulated by Mr. Chairman, I reserve the balance tained in— changing key parameters, such as of my time. (1) ‘‘Technical Support Document: Social timeframes, discount rates, and other Ms. KAPTUR. Mr. Chairman, I rise to Cost of Carbon for Regulatory Impact Anal- values that have no relation to a given claim the time in opposition to this ysis Under Executive Order 12866’’, published project undergoing review. amendment. by the Interagency Working Group on Social Two: OMB and other Federal agen- The Acting CHAIR. The gentlewoman Cost of Carbon, United States Government, in February 2010; cies developed the draft social cost of from Ohio is recognized for 5 minutes. (2) ‘‘Technical Support Document: Tech- carbon estimates without any known Ms. KAPTUR. Mr. Chairman and nical Update of the Social Cost of Carbon for peer review or opportunity for public Members, this amendment tells the De- Regulatory Impact Analysis Under Execu- comment during the developmental partment of Energy to ignore the lat- tive Order 12866’’, published by the Inter- process. est climate change science. Even agency Working Group on Social Cost of Car- Three: OMB’s draft social cost of car- worse, the amendment denies that carbon, United States Government, in May 2013 bon estimates are based primarily on bon pollution is harmful. and revised in November 2013; or global rather than domestic costs and According to this amendment, the (3) ‘‘Revised Draft Guidance for Federal Departments and Agencies on Consideration benefits. cost of carbon pollution is zero. That is of Greenhouse Gas Emissions and the Effects Four: There is still considerable un- science denial at its worst, and, frank- of Climate Change in NEPA Reviews’’, pub- certainty in many of the assumptions ly, it is just simply wrong. lished by the Council on Environmental and data elements used to create the Tell homeowners in Arizona or those Quality on December 24, 2014 (79 Fed. Reg. draft social cost of carbon estimates, who live up in Canada, where the 77801). such as the damage functions and the wildfires have just raged and who have Mr. GOSAR (during the reading). Mr. modeled time horizons. seen their homes ravaged by drought- Chair, I ask unanimous consent that Mr. Martella’s testimony was spot stoked wildfires, that there are no the amendment be considered as read. on. Congress, not Washington bureau- costs from climate change. The Acting CHAIR. Is there objection crats, at the behest of the President If you are a gardener, like I am, even to the request of the gentleman from should dictate our country’s climate the backs of seed packets have Arizona? change policy. changed, because what used to be a

VerDate Sep 11 2014 06:59 May 26, 2016 Jkt 059060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.090 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3224 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Tennessee tomato, now we grow it in takes more energy, to feed that popu- created these catastrophic wildfires. Ohio. The climate zones are moving lation, and it takes much more to feed Take it from somebody in Arizona who north. It is getting warmer. the global population. should know. Tell that to the firefighters who have Human beings and our way of life do So I ask all of my colleagues to vote to put everything else on the line to have an impact on what happens on for this amendment. fight those fires that rage in California this very, very suspended planet in the Mr. Chairman, I yield back the bal- and points west or north. Milky Way galaxy. ance of my time. Tell that to the children and the el- This amendment tells the Depart- The Acting CHAIR. The question is derly that will be plagued by heat ment to ignore these and many other on the amendment offered by the gen- stress and vulnerable to increased dis- impacts, and, frankly, I view that as ir- tleman from Arizona (Mr. GOSAR). ease. responsible. The question was taken; and the Act- Tell that to the people evacuated Federal agencies have a responsi- ing Chair announced that the ayes ap- from the Isle de Jean Charles in Lou- bility to calculate the costs of climate peared to have it. isiana who will lose homes as their is- change and take them into account. It Ms. KAPTUR. Mr. Chairman, I de- land vanishes under the rising sea. is plain common sense, and it is a life- mand a recorded vote. Or how about Houston, Texas, with and-death matter. The Acting CHAIR. Pursuant to the flash flooding? That is one of the That is exactly what the Obama ad- clause 6 of rule XVIII, further pro- most recent. ministration is doing. An interagency ceedings on the amendment offered by These people are looking to us to pro- task force worked over the course of the gentleman from Arizona will be tect America and to protect them, and several years to estimate the costs of postponed. they are looking to the Republicans to the harm from carbon pollution. AMENDMENT NO. 29 OFFERED BY MR. GARAMENDI finally be reasonable. The cost calculation was first issued Mr. GARAMENDI. Mr. Chairman, I The truth is that no one will escape in 2010 and updated in 2014 and con- have amendment No. 29 at the desk. the effects of unmitigated climate tinues to be refined by incorporating The Acting CHAIR. The Clerk will change. It will have an impact on all of new scientific and technical informa- designate the amendment. us, and, frankly, it is having an impact tion and soliciting input from leading The text of the amendment is as fol- on all of us. experts. lows: But this amendment waves a magic This was a very constructive calcula- At the end of the bill (before the short wand and decrees that climate change tion and a conservative one at that, title), insert the following: SEC. ll. (a) For an additional amount for imposes no costs at all. House Repub- with the full costs of climate change ‘‘Bureau of Reclamation—Water and Related licans can vote for this amendment. almost certainly being higher. But it is Resources’’ for an additional amount for They can try to block the Department better than the previous estimate and WaterSMART programs, as authorized by from recognizing the damage caused by much, much better than assuming the subtitle F of title IX of the Omnibus Public climate change and the potential dam- costs are nothing. Land Management Act of 2009 (42 U.S.C. ch. age, but they cannot overturn the laws Unfortunately, that is what this 109B), section 6002 of such Act (16 U.S.C. of nature. They are powerful. amendment would require the govern- 1015a), title XVI of the Reclamation Projects We should be heeding the warnings of Authorization and Adjustment Act of 1992 (42 ment to assume: zero harm, zero costs, U.S.C. 390h et seq.), and the Reclamation the climate scientists, not denying re- zero danger, from carbon pollution and States Emergency Drought Relief Act (43 ality. Thank God we have them. We climate change. U.S.C. ch. 40), there is hereby appropriated, don’t have to operate in ignorance. The truth is that unchecked climate and the amount otherwise made available by Recently, our Nation’s leading cli- change would have a catastrophic eco- this Act for ‘‘National Nuclear Security Ad- mate scientists released the National nomic and human impact here and ministration—Weapons Activities’’ is hereby Climate Assessment, which continues across the world. reduced by, $100,000,000. to show evidence confirming the ongo- I urge my colleagues to oppose this (b) None of the funds made available by this Act for ‘‘National Nuclear Security Ad- ing impacts of climate change. amendment. ministration—Weapons Activities’’ in excess Leading scientists around the world, Mr. Chairman, I yield back the bal- of $120,253,000 may be used for the W80–4 Life not just here, agree the evidence is un- ance of my time. Extension Program. ambiguous. This amendment tells the Mr. GOSAR. Mr. Chairman, if I could The Acting CHAIR. Pursuant to Department to ignore some of the inquire from the Chair how much time House Resolution 743, the gentleman wisest people in the world. I have. from California and a Member opposed The latest science shows that climate The Acting CHAIR. The gentleman each will control 5 minutes. change is expected to exacerbate heat from Arizona has 11⁄2 minutes remain- The Chair recognizes the gentleman waves—those have been felt around the ing. from California. country—droughts—look at Lake Mead Mr. GOSAR. Mr. Chairman, the Mr. GARAMENDI. Mr. Chairman, I in Las Vegas. Look at the rings going Earth’s climate has been changing believe this is known as amendment down. since the beginning of time, and that is 116. Look at millions and millions of something on which I think we can all I think most of us should be aware acres now enduring wildfires. Look at agree. that we are well into the first quarter the added floods, water- and vector- MIT researchers have looked at a of a new nuclear arms race this time borne diseases, which will be greater massive extinction some 252 million with not only Russia, but with China. risks to human health and lives around years ago as a result of a massive And perhaps there are some others out the world. buildup of carbon dioxide. Funny, man there that would like to build nuclear The security of our food supply will wasn’t around. weapons and armaments. diminish, resulting in reductions in The nonpartisan Congressional Re- This amendment goes directly to one production and increases in prices. search Service estimates that the ad- of the critical parts of that arms race, According to a leading climate ministration squandered $77 billion, which is the development of what is es- science body, the IPCC, increasing with a B, between fiscal year 2008 and sentially a new nuclear bomb. Some global temperatures and drastic fiscal year 2013 in trying to study all would like to say it is simply a refur- changes in water availability, which we this. bishment of an older weapon, and I have just heard about on this floor, in Now, if the President, the emperor guess you can get away with that if California, for heaven’s sake, combined himself, would like to bypass Congress, you stretch the words a bit. with an increase in food demand poses that is fine. But Congress has a fidu- But this is the W80–4 nuclear bomb. large risks to food security globally ciary duty and a responsibility legisla- It is the warhead that will go on the and regionally. tively to actually pass something that new cruise missile, sometimes called When I was born, there were 146 mil- the agency should enforce. the LSRO. It is a very expensive propo- lion people in this country. By 2050, we We talked about wildfires. Well, sition. will have 500 million. It takes more there we go again. It has been mis- This particular budget calls for $240 animals, it takes more machines, it management of our forests that have million to be spent this year on the

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.093 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3225 early stages of the refurbishment. We won’t be on any piece of equipment for additional risks into the schedule and are probably looking at twice that at least a decade. So why don’t we raise the cost for modernizing the war- level of funding over the next decade to spend this money on our communities? head down the line. develop a few hundred of these weapons Why don’t we spend it on Flint, Michi- I should point out also that the gen- or these bombs. gan? Why don’t we spend it on the com- tleman’s amendment also proposes to We need to wake up. We need to be munities in Central Valley, California, move defense funding to nondefense paying attention to this trillion-dollar that we have heard so much about? without any regard to the firewalls ne- enterprise. Over the next 25 years, we There are communities that don’t gotiated in previous budget deals. will be spending $1 trillion on a new have water systems, communities in Mr. Chairman, I urge Members to nuclear arms race. the San Joaquin Valley that we heard vote against this amendment. To what effect? Well, some would say so much about just a moment ago I yield back the balance of my time. that what we have is old and we ought where the children have to take their Mr. GARAMENDI. I yield back the to have something that is new. Well, water out of a horse water trough, not balance of my time. what is old actually continues to work out of a tap. The Acting CHAIR. The question is for many, many years. No, we are going to spend our money on the amendment offered by the gen- So it is not just the nuclear bombs building a new nuclear bomb. I think tleman from California (Mr. that will be refurbished or rebuilt or that is wrong. I think it is not nec- GARAMENDI). life-extended or whatever words you essary. In fact, I know it is not nec- The amendment was rejected. want to use, but they are new and are essary. But that is what we are going AMENDMENT OFFERED BY MR. GOSAR extraordinary expensive and, obvi- to do. Mr. GOSAR. Mr. Chairman, I have an So I ask you to make a choice, to ously, extraordinarily dangerous. amendment at the desk, Gosar 221. make a choice to spend our money on The Acting CHAIR. The Clerk will re- b 1830 what we need today: clean water sys- port the amendment. tems, transportation, and education, We are going to develop an entire The Clerk read as follows: new array of delivery systems. Dis- not on a new nuclear bomb. At the end of the bill (before the short cussed on the House floor not so long Mr. SIMPSON. Mr. Chair, I claim the time in opposition. title), insert the following: ago in debate was the question of SEC. ll. None of the funds made available whether we ought to have new inter- The Acting CHAIR. The gentleman by this Act may be used for the Department continental ballistic missiles in the from Idaho is recognized for 5 minutes. of Energy’s Climate Model Development and silos in the upper Midwest. It was an Mr. SIMPSON. Mr. Chair, I respect Validation program. the gentleman’s comments, and I re- interesting debate. The result of the The Acting CHAIR. Pursuant to debate was, well, we ought to build new spect the gentleman. He mentioned many of the functions House Resolution 743, the gentleman ICBMs for those silos without paying that are necessary for the government from Arizona and a Member opposed too much attention to the cost, and we that we should be doing. The one he each will control 5 minutes. ought to have a whole new array of nu- didn’t mention was defending the secu- The Chair recognizes the gentleman clear-armed submarines, a new Stealth rity of the United States. That is one from Arizona. Bomber, and a new cruise missile. of the fundamental purposes of the Mr. GOSAR. Mr. Chairman, I rise So what are we talking about here? A Federal Government. today to offer an amendment to save trillion dollars. At the same time, we What this amendment would do is taxpayer money, help the Department debate on the floor whether we have take money out of the program to con- of Energy avoid duplicative programs, any money for Zika. Apparently, we tinue the life extension program of the and ensure the agency’s limited re- don’t; although that is a real threat, W80 warhead, the only cruise missile in sources are focused on programs di- and it is real today. We talk about our the U.S. nuclear arsenal. The gen- rectly related to its mission to ensure community water systems, and we tleman says we don’t need it now, so energy security for the United States. don’t have any money for those either. let’s spend the money somewhere else; This simple amendment would pro- I will tell you where the money is. It is and if we need it next year, I guess we hibit the use of funds for the Climate in this nuclear arms race. can just spend the money next year. Model Development and Validation It is not about disarmament. Nobody But you can’t develop this, and you program within the Department of En- is suggesting that. It is about are we don’t do these life-extension programs ergy. This exact same amendment going to spend all this money and per- in just a year. These are long-term in- passed this body in fiscal year 2015 and petuate what is already underway vestments. The life extension program 2016. without giving thought to the impact will replace the nonnuclear and other This year, this amendment is even it is going to have on the things that components to support the Air Force’s more important because, despite this we know we must do—educate our chil- plan to develop the long-range standoff amendment getting approval from this dren, provide the infrastructure for our cruise missile, or the LRSO. If the gen- body multiple years in a row and being communities, our water, our sanitation tleman believes the LRSO is not nec- denied funding from the bipartisan Ap- systems, and our transportation sys- essary, I would point him at the Air propriations Committee multiple years tems—or are we going to go about Force, whose leadership has testified in a row, the President was given ac- building new nuclear bombs. on numerous occasions before Congress cess to about half of what he requested Apparently, that is what we are that we need to sustain our nuclear ca- previously to create this new going to do because there is $240 mil- pabilities and we need to make these duplicitous and wasteful program. lion right here, money that we didn’t investments. With our Nation more than $19 tril- have available for Zika, money that we We must do the work that is needed lion in debt, the question must be don’t have for the water systems of to extend the life of this warhead as asked: Why would Congress give mil- Flint, Michigan, or our own State of long as there is a clear defense require- lions of dollars to the President for California. But it is here. ment for maintaining a nuclear cruise new computer-generated climate mod- The W80—keep that number in mind, missile capability. While the LRSO is els? The administration is already ma- ladies and gentlemen. You are going to still at an early stage of development, nipulating the social cost of carbon see that coming back before you as we these warheads are very complex, and models to deceive the American people appropriate more and more dollars for there is a considerable amount of work and to enact job-killing regulations. not only this new nuclear bomb, but to accomplish between now and then. For example, the administration refor many others. Performing development work earlier cently attempted to justify the EPA’s So I draw your attention to this in the schedule will allow the NNSA to methane rule using the social cost of issue. I ask that we move about $100 reduce technical risks and limit any carbon valuation model. Using this million of this money out of this nu- cost growth by validating the military flawed metric, they claimed that the clear bomb that we really don’t need requirements at an early stage. EPA’s methane rule will yield climate for another decade. We don’t need it to- The gentleman’s amendment will not benefits of $690 million in 2025 and that morrow. We may never need it. It stop the program but would only add those benefits will outweigh the $530

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.096 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3226 CONGRESSIONAL RECORD — HOUSE May 25, 2016 million that the rule would cost busi- Ms. KAPTUR. Mr. Chair, years ago, and equip policymakers and citizens nesses and job creators that year alone. there were people that served in this with tools to predict the current and If funded, the Climate Model Devel- body that denied that America should future effects of climate change, such opment and Validation program will be pass a Clean Water Act. Today, in as sea level rise, extreme weather yet another addition to the President’s many places in our country when we events, and drought. ever-growing list of duplicative global turn on the tap, we trust what we This amendment scraps this pro- warming, research, and modeling pro- drink. We had to change our way of gram. It says ‘‘no’’ to enhancing the re- grams currently being hijacked by the life. Yes, we had to make investments, liability of our climate models. Who EPA to manufacture alleged climate but we produced a stronger country. wouldn’t want that? It says ‘‘no’’ to in- benefits and force new regulations like There were those who fought against vesting in the security of the people of the EPA’s Clean Power Plan and the Clean Air Act. You can go back and this Nation and the Nation’s assets WOTUS down the throats of the Amer- read the RECORD. There are always themselves. It says ‘‘no’’ to improving ican people. The nonpartisan Congres- those folks who have difficulty embrac- our understanding of how the climate sional Research Service estimates this ing the future. is changing, and it says ‘‘no’’ to in- administration has already squandered This amendment blocks funding for forming policymakers about the con- $77 billion from fiscal year 2008 through the Department of Energy’s Climate sequences of unmitigated climate fiscal year 2013 studying and trying to Model Development and Validation change. That is absolutely irrespon- develop global climate change regula- program. This is climate science denial sible and an outcome this Nation can- tions. at its worst. not afford. This amendment is about fiscal re- It used to be that people said, well, it It is interesting. There is an author, sponsibility and priorities. While re- is okay that industry dumps in the Richard Louv, who has written a book, search and modeling of the Earth’s cli- water. It kind of washes everything out ‘‘Last Child in the Woods.’’ What it mate—including how and why Earth’s somewhere. Well, when the bald eagle talks about is how America has become climate is changing—can be of value, it became an endangered species, it be- so technologically sophisticated that is not central to the department’s mis- came pretty clear that all of that pol- most people have lost a real connection sion and is already being done by doz- lution was causing long-term damage. to nature, especially our children, who ens of government, academic, business, Now the world’s top scientists are tell- spend 8 hours in front of a blue screen. and nonprofit organizations around the ing us that we have a rapidly closing But perhaps it is because of that tech- world. With more than 50 universities window to reduce our carbon pollution nological advancement and lack of con- and academic institutions around the before the catastrophic impacts of cli- nection to nature that we do not have globe engaged in climate modeling, mate change cannot be avoided. a population—including, perhaps, some this particular issue is being addressed So far, the world has already warmed who serve in this Chamber—that ob- very well by the academic and non- by 0.9 degrees Celsius, and we are al- serve what nature is actually doing in profit sector with much greater effi- ready seeing the effects of climate her powerful force. ciency and speed than any government change. Most scientists agree that 2 de- I would urge our colleagues to read bureaucracy can offer. Further, the re- grees Celsius is the maximum amount that book and to think a little bit search and models utilized by our uni- we can warm without really dangerous about reconnecting to nature, paying versities are not being manipulated to tipping points, although many sci- attention to what the temperature is of impose a partisan agenda. entists now believe that even 2 degrees the lake near you or the ocean near Regardless of your opinion on cli- is far too much, given the effects we you. Pay attention to what is hap- mate change, I feel strongly that the are already experiencing all around the pening in our coastal communities. House of Representatives must con- world. But absent dramatic action, we Pay attention to what is happening in tinue its firm position that we should are on track to warm 4 to 6 degrees agriculture and our ability to produce not be wasting precious taxpayer re- Celsius by midcentury. That is more food for the future because of changes sources on programs that are than 10 degrees Fahrenheit. in weather. duplicitous in nature and compete with Even with the pledges to reduce car- What is happening with rainfall? programs funded by private invest- bon emissions as part of COP 21, we are There is a lot going on. What happens ment. still in danger of experiencing the dras- to clouds in your region of the coun- The wastefulness of the Climate tic consequences of climate change, in- try? How close do they come to the Model and Validation program has cluding increased frequency and inten- Earth? When the rain falls, how severe been recognized by several outside sity of extreme weather events and are those weather events? These events spending and watchdog groups. This drought. The International Energy are happening around our country and amendment proposal has been sup- Agency has concluded that increased around our world. ported in the past by the Council for efforts are still needed—in addition to Mr. Chairman, I have to rise in oppo- Citizens Against Government Waste, existing pledges—to stay within the 2- sition, obviously, to this amendment the American Conservative Union, degree limit. and urge a ‘‘no’’ vote on this amend- Eagle Forum, and the Taxpayers Pro- We are already seeing the devasta- ment because I don’t think it leads us tection Alliance. tion from climate change, including, into the future. I think it takes us The House of Representatives has recently, the evacuation of climate ref- back into the past, to a world that does wisely declined to fund this program in ugees from the Isle de Jean Charles not exist anymore. fiscal years 2014, 2015, and 2016. Consid- near New Orleans. So you sort of think Mr. Chairman, I yield back the bal- ering the extensive work being done to to the world you knew versus the world ance of my time. research, model, and forecast climate of the future, and you have to embrace 1845 change trends by other areas in govern- the future, and you have to help those b ment, the private sector, and inter- who are going to follow us. Mr. GOSAR. Mr. Chairman, could I nationally, funding for this specific There are multiple lines of evidence, inquire how much time I have remain- piece of President Obama’s climate including direct measurements, that ing? agenda is not only redundant, but inef- life is changing. The projections that The Acting CHAIR. The gentleman ficient. Considering the Nation’s $19 these models anticipate are critical as from Arizona has 11⁄2 minutes remain- trillion in debt, it is also irresponsible they provide the guideposts to under- ing. I thank the chairman, ranking mem- standing how quickly and how steeply Mr. GOSAR. Mr. Chairman, this ber, and committee for their work. the world needs to cut carbon pollution amendment is not about making a Mr. Chairman, I reserve the balance in order to avoid the worst effects of statement about climate change or the of my time. climate change. validity of science. This amendment is Ms. KAPTUR. Mr. Chairman, I rise in The goal of the Department of Ener- about fiscal responsibility and effi- opposition to this amendment. gy’s Climate Model Development and ciency. The Acting CHAIR. The gentlewoman Validation program is to further im- More than 50 universities and institu- from Ohio is recognized for 5 minutes. prove the reliability of climate models tions around the globe are engaged in

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.099 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3227 climate modeling. This particular issue monitor the weather, Mr. Chairman, Approximately 2,000 housing units were is being addressed very well by the aca- because, over the last year, Houston, flooded and we are currently working to figure demic and nonprofit sector, with much Texas, has been declared a disaster out where to house the folks who cannot re- greater efficiency and speed than gov- area not once, but twice. If you live in turn to their homes. ernment bureaucracy can offer. Houston, Texas, you monitor the This is the second major flooding disaster Can I remind you of the VA? The gov- weather because, in the last year, we Houston has experienced in the last six ernment doesn’t do anything very well have spent billions in recovery dam- months and the City is expecting additional at all, and we need to start looking at ages. If you live in Houston, Texas, you rain and thunderstorms on Friday and Satur- this. monitor the weather because, in the day of this week. When we talk about responsibility, last year, we have lost 17 lives to flood- Residents in our congressional district as $19 trillion in debt, there are some ap- ing. well as other Member’s districts have been se- ples that we need to start coming to Houston has a problem. But there is verely affected and we must do something to look at. When we start looking at in- a solution. This amendment—which is stop the needless loss of life. stitutions that are actually doing this, based upon H.R. 5025, an emergency The President has recognized the signifi- they are hardly second-tier institu- supplemental bill—would accord $311 cance of the catastrophe and a fulfilled a re- tions—the Massachusetts Institute of million that will eventually be spent. quest for a disaster declaration. Technology, MIT for short; the Univer- This is not money that will not be Now it’s the job of Congress to help our sity of California, Berkeley. There are spent in Houston, Texas, but money constituents. some really good people out there that will be spent on projects that are I have worked closely with my neighbor and doing this work on our behalf. already authorized. The projects are friend, Rep. AL GREEN to offer this amendment When we start looking at efficacies authorized. The money is going to be to the Energy and Water Appropriations bill. and effectiveness, we need to look no spent. The amendment would provide $311 million further than the private sector and the However, we can take a piecemeal dollars to the U.S. Army Corps of Engineers universities that are already doing approach and do some now, some later, for the construction, and in most cases, com- this. This is something we don’t need and spend billions more in recovery ef- pletion of our bayous and flood control to be duplicitous in and be partisan in forts, which is what we are doing. We projects. our outcomes. are spending billions after floods when Flooding is not new in Houston but we’ve I ask my colleagues to vote for this we could spend millions before and learned how to control it. amendment. save money, save lives, and give Hous- Our bayou system has saved countless I yield back the balance of my time. ton, Texas, and the citizens therein lives and millions of dollars of damage since The Acting CHAIR. The question is some degree of comfort. creation. on the amendment offered by the gen- Mr. Chairman, I believe that my Unfortunately, due to consistent budget tleman from Arizona (Mr. GOSAR). friends in this House have a great deal pressure, the Army Corps of Engineers cannot The amendment was agreed to. of sympathy and a good deal of empa- adequately fund these projects. AMENDMENT NO. 24 OFFERED BY MR. AL GREEN thy for Houston, Texas, as is evidenced This amendment would ensure that our fed- OF TEXAS by the fact that over 70 Members have eral, state, and local authorities have the re- Mr. AL GREEN of Texas. Mr. Chair- signed onto the bill, H.R. 5025. And we sources necessary to expedite the flood con- man, I have an amendment at the desk. have bipartisan support. We have Re- trol projects we know protect people and prop- The Acting CHAIR. The Clerk will publicans at the committee level who erty. designate the amendment. are doing what they can within the Mr. Chair, we can help the victims in our The text of the amendment is as fol- committee. We also have Democrats neighborhoods and we must help them. lows: who are working to try to help Hous- I urge this body to pass this emergency At the end of the bill (before the short ton, Texas. funding legislation and do so quickly. title), insert the following: So I am honored tonight to stand in POINT OF ORDER SEC. ll. In addition to the amounts otherwise provided under the heading ‘‘Depart- the well of the House to make this re- Mr. SIMPSON. Mr. Chairman, I insist ment of the Army—Corps of Engineers- quest, that Houston, Texas, be made a on my point of order. Civil—Construction’’, there is appropriated priority and that the Corps of Engi- The Acting CHAIR. The gentleman $311,000,000 for fiscal year 2017, to remain neers, when they do assess the needs of will state his point of order. available through fiscal year 2026, for an ad- the Nation, that Houston be given Mr. SIMPSON. I make a point of ditional amount for flood control projects some degree of preference because order against the amendment because and storm damage reduction projects to save money is being spent that need not be it proposes to change existing law and lives and protect property in areas affected spent. constitutes legislation in an appropria- by flooding on April 19th, 2016, that have re- But, more importantly, Mr. Chair- ceived a major disaster declaration pursuant tion bill and, therefore, violates clause to the Robert T. Stafford Disaster Relief and man and Madam Ranking Member, 2 of rule XXI. Emergency Assistance Act: Provided, That lives are being lost. Houston, Texas, The rule states in pertinent part: such amount is designated by the Congress has what are captioned as flash floods. ‘‘An amendment to a general appro- as being for disaster relief pursuant to sec- You can find yourself in a cir- priation bill shall not be in order if tion 251(b)(2)(D) of the Balanced Budget and cumstance from which you cannot ex- changing existing law.’’ Emergency Deficit Control Act of 1985. tricate yourself, and you may lose your The amendment includes an emer- Mr. SIMPSON. Mr. Chairman, I re- life when we have one of these inclem- gency designation and, as such, conserve a point of order on the gentle- ent, adverse weather conditions. stitutes legislation in violation of man’s amendment. They happen more often than prog- clause 2 of rule XXI. The Acting CHAIR. A point of order nosticated some years ago. It can be I ask for a ruling from the Chair. is reserved. debated as to whether we are having The Acting CHAIR. Does any other Pursuant to House Resolution 743, 100-year floods or 500-year floods. That Member wish to be heard on the point the gentleman from Texas and a Mem- is debatable. But what is not debatable of order? ber opposed each will control 5 min- is the fact that we are having billion- Mr. AL GREEN of Texas. Mr. Chair- utes. dollar floods—billion-dollar floods—in man, I would like to be heard, if I may. The Chair recognizes the gentleman Houston, Texas, a major American city The Acting CHAIR. The gentleman is from Texas. declared a disaster area not once, but recognized on the point of order. Mr. AL GREEN of Texas. Mr. Chair- twice in the last year. Mr. AL GREEN of Texas. Would man, as a preamble to my amendment, Mr. Chairman, I reserve the balance Chairman SIMPSON allow me to give my please allow me to thank the chair- of my time. closing comments before we receive the man, Mr. SIMPSON, for his courtesies. I Mr. GENE GREEN of Texas. Mr. Chair, on ruling from the Chair, which will be would also like to thank the ranking April 18th the City of Houston and Harris just a few seconds more, I believe? member, Ms. KAPTUR, for her cour- County, Texas were subjected to paralyzing How much time do I have remaining? tesies. flooding which claimed the lives of seven of The Acting CHAIR. The gentleman Mr. Chairman, if you live in Houston, our citizens and required the rescue of 1,200 from Texas has 1 minute remaining on Texas, you monitor the weather. You more. the amendment.

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.101 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3228 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Does the gentleman wish to be heard this and his obvious concern and inter- ple that the government shut down on the point of order? est. I will tell you that there is a great over money, and it wasn’t from an ex- Mr. AL GREEN of Texas. Well, yes, deal of support for what the gentleman cess; it was from a lack of it—the De- on the point of order, if so, in so doing, is proposing. partment of Energy was faced with this I may speak to the flooding in Hous- Congressman POE, Congressman CUL- very dilemma and made a decision to ton, Texas. I want to be appropriate as BERSON, as well as Members on your furlough 69 percent of its workforce. I do this, and I will yield to the wisdom side of the aisle, have talked to us re- These workers were deemed non- of the Chair. peatedly about the issues that you ad- essential. The Acting CHAIR. The Chair will dress here. I understand the circumstances were rule. While this amendment is out of extraordinary, but the Department was The Chair finds that this amendment order, I will promise to the gentleman still able to target areas within it that includes an emergency designation. that we will work with him to try to were not deemed essential to maintain- The amendment, therefore, con- address this problem of one of Amer- ing its most necessary functions. stitutes legislation in violation of ica’s great cities. My amendment is only requiring the clause 2 of rule XXI. Mr. AL GREEN of Texas. Mr. Chair- Department to reduce its full-time em- The point of order is sustained, and man, I thank the gentleman. As he ployees by 5 percent, which in the the amendment is not in order. knows, I believe his word is as good as scheme of things is nominal, but essen- Ms. KAPTUR. Mr. Chairman, I move gold. tial, in getting our country back on to strike the last word. Ms. KAPTUR. Mr. Chairman, I yield track fiscally, and it is the right thing The Acting CHAIR. The gentlewoman back the balance of my time. to do. is recognized for 5 minutes. AMENDMENT OFFERED BY MR. YOHO For our Nation to remain prosperous Ms. KAPTUR. Mr. Chairman, I yield Mr. YOHO. Mr. Chairman, I have an and to keep the American Dream alive to the fine gentleman from Texas (Mr. amendment at the desk. for generations to come, we must make AL GREEN). The Acting CHAIR. The Clerk will re- these decisions now. We must scale Mr. AL GREEN of Texas. Mr. Chair- port the amendment. back Federal spending. One cannot man, I thank Ranking Member KAP- The Clerk read as follows: have personal freedom without finan- TUR. At the end of the bill (before the short cial freedom. Please allow me to continue with title), insert the following: That same philosophy also applies to just a brief commentary. I have a col- SEC. ll. None of the funds made available nations if they wish to pass on to their league who is not here, the Honorable by this Act may be used by the Department of Energy to employ in excess of 95 percent future generations the blessings of our GENE GREEN. He has asked that his of the Department’s total number of employ- past and our current posterity, lib- statement with reference to this ees as of the date of the enactment of this erties, and freedoms. amendment be placed in the RECORD. Act. I urge my colleagues to support my I would also add this. A good deal of The Acting CHAIR. Pursuant to amendment. my comments have emanated from, as House Resolution 743, the gentleman I reserve the balance of my time. I indicated, H.R. 5025. from Florida and a Member opposed b 1900 This bill has bipartisan support. I see each will control 5 minutes. in the Chamber my good friend and col- The Chair recognizes the gentleman Mr. SIMPSON. Mr. Chair, I claim the league, the Honorable TED POE, who is from Florida. time in opposition to the amendment. one of the cosponsors of the legislation. Mr. YOHO. Mr. Chair, my amend- The Acting CHAIR (Mr. POE of Some of my other colleagues who are ment is simply a commonsense meas- Texas). The gentleman from Idaho is cosponsoring from Texas would include ure to help reduce the size of out-of- recognized for 5 minutes. the Honorable JOHN CULBERSON, the control Federal departments that con- Mr. SIMPSON. Mr. Chair, I under- Honorable RANDY WEBER, the Honor- tinue to grow annually unchecked, in- stand the desire for an efficient and ef- able SHEILA JACKSON LEE, also the creasing both scope, size, and increas- fective Federal Government with an Honorable GENE GREEN whom I have ing our spending, both discretionary appropriately sized workforce. In fact, mentioned. There are others as well. and mandatory. if the gentleman has specific programs This is bipartisan. This is a recogni- Our Nation is over $19 trillion in or offices that he believes are currently tion that we are going to have prob- debt—let me repeat that—$19 trillion overstaffed, I would be happy to work lems that we can solve that will create in debt. This Chamber, us, we, the peo- with him to see if that is the case and greater circumstances than we should ple, in government, or Members of the to figure out a way to address any have to endure. people’s House in charge of the tax- problems we may find; but this amend- There is little reason for us to be payers’ purse strings, must start tak- ment doesn’t look at specific details back here a year or so from now indi- ing action to actively reduce our ex- and make targeted reductions. cating that we have had another flood, penditures. It requires the Department of Energy a billion-dollar flood—maybe less, I appreciate the chairman and rank- to furlough 5 percent of its employees maybe more—and that we may have ing member for their hard work on this on October 1. It doesn’t allow the De- lost lives in that future event. bill. But I am concerned that the cost partment time to review whether it My hope is that, while this amend- it will place on the American people is might need more people to carry out ment is not in order—and I accept the too great. We can do better and we its national security responsibilities, ruling of the Chair—my hope is that we must do better. for instance, or fewer people to carry will find a means by which we will do This amendment is offered as a mod- out other programs whose work is sooner that which we will do later, est solution and establishes a 5 percent ramping down or is being reduced by spend the $311 million after we have across-the-board cut to the Depart- this bill. That is not good government. had additional billion-dollar floods. ment of Energy’s total employees. That is putting almost 800 people This amendment makes good sense. In the private sector, when scram- across the country out of work for no It is a commonsense solution. bling to cover your costs, you have to good reason. I thank the ranking member for her make decisions, including sometimes The underlying bill, on the other very kind words and the opportunity the elimination of positions that are hand, includes reasonable and targeted that she has accorded me. not essential to the overall purpose and reductions to funding levels for the De- I thank you, Mr. SIMPSON, for being mission of the organization, or you partment’s administrative accounts. so generous as well. simply can’t afford it. The departmental administration ac- Mr. SIMPSON. Will the gentlewoman Not only is reducing the current size count was $36 million below the Presi- yield? of the Department’s full-time staff es- dent’s budget request in the bill that Ms. KAPTUR. I yield to the gen- sential, but I think it also should be was brought to the floor, and amend- tleman from Idaho. accompanied by a 1-year hiring freeze. ments already passed by the House Mr. SIMPSON. Mr. Chairman, I ap- In 2013, when the government was have resulted in further cuts to the de- preciate the gentleman’s passion with shut down—and I want to remind peo- partmental administration. Federal

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.104 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3229 salaries and expenses for the National sonification of the 1958 horror flick, massive transfer of wealth between one Nuclear Security Administration are ‘‘The Blob.’’ Departments like the DOE set of States to another. $30 million below the President’s re- are consuming everything in their path This amendment is a very simple one quest. The funding levels in this bill and increasing their own presence in that would prohibit any of the funds in send a clear message about growth in the private sector. this bill from being used in the Experi- the Federal workforce. Requiring an At what point do we say enough is mental Program to Stimulate Com- automatic 5 percent cut across the enough? At what point do we say we petitive Research, otherwise known as board is a step too far. As I said, it is are going to get our spending under EPSCoR. EPSCoR was started in 1978 not good government. control? as an experimental program in the For these reasons, I oppose this This is a small, 5 percent incremental hopes of strengthening research infra- amendment, and I urge my colleagues change to the Department of Energy. It structure in areas of the country that to vote against it. is not specific because it gives the receive less than their fair share, how- I would also note that when the gen- flexibility to the Department to come ever defined. tleman said that during the govern- up with the changes that it wants, As a scientist and as an American, I ment shutdown, it furloughed 60-some- keeping in mind that our Federal Gov- think this goal is commendable, but odd percent of its employees, remem- ernment’s number one task is national the implementation of this program— ber, we are talking 16 days here, and security; so the people who are tasked and, in particular, the formulas used to these employees were labeled as ‘‘non- to run the Department of Energy can earmark grants to a specific set of essential.’’ The same thing happened in make the commonsense and the needed States—is absurd. The ability to par- Congress. At least I know in my of- reforms that they need to. ticipate in EPSCoR opportunities is fice—and I would suspect in the gentle- Again, in the private sector, you see based solely on whether or not a State man’s office—we had to declare which the major companies changing and lay- has received less than 0.75 percent of employees were nonessential. Those ing off people as they need to. Govern- the NSF research funding in the pre- employees now work for me again and ment continues to grow, and it adds vious 3 years. Let me reiterate that. have been rehired. I would suspect they not just to the discretionary spending, The Department of Energy’s EPSCoR have been in the gentleman’s office, but also to the mandatory spending eligibility is determined by how much too. Just because they were furloughed that goes into Social Security and re- NSF research funding a given State has during a 16-day government shutdown tirement. received in the previous 3 years. doesn’t mean they are, essentially, We have a responsibility to the There is no rational basis for ear- nonessential. American people and to future genera- marking a grant program in one area I don’t think this is a well-thought- tions to fix the problems at hand in- of spending based on the spending in another unrelated program. Moreover, out amendment. I oppose it, and I urge stead of giving rhetoric and saying: because EPSCoR considers the funding my colleagues to oppose it. Well, it is not specific enough. We need Ms. KAPTUR. Will the gentleman on a per-State basis rather than on a to stand up and say: The time is now. yield? per capita basis, it has devolved into If we start now with small, incre- Mr. SIMPSON. I yield to the gentle- just another one of the many programs mental changes, we can change the di- woman from Ohio. that steers money into States that al- rection of our Nation’s debt while we Ms. KAPTUR. I thank the gentleman. ready get far more than their fair share still have the option because the day Mr. Chair, I join the chairman in op- of Federal spending. posing this amendment. It is, truly, a will come when we will not have that EPSCoR is emblematic of a larger blunt cut—5 percent to the Department option with our out-of-control spend- problem we have in this country. Every of Energy from its current level with ing. year, hundreds of billions of dollars are no analysis, no consultation, no consid- I am telling my colleagues, if they transferred out of States that pay far eration of impact. It is just a blunt cut. really want to change the debt struc- more in Federal taxes than they re- It would actually mean about 700 peo- ture in this country and get a handle ceive back in Federal spending—the ple who would be fired at headquarters, on it, it is time we start now and stop payer States—and into States that re- at field offices, even at our Power Mar- talking about it. I urge people to sup- ceive a lot more Federal spending than keting Administrations across the port this. they pay back in taxes—the taker West. Layoffs of this magnitude would Mr. Chair, I yield back the balance of States. In the case of Illinois, our econ- profoundly impede the Department of my time. omy loses $40 billion a year because we Energy’s ability to oversee its nuclear The Acting CHAIR. The question is pay far more in Federal taxes than we security responsibilities, its science on the amendment offered by the gen- receive back in Federal spending. As and energy and environmental cleanup tleman from Florida (Mr. YOHO). for my colleague from New Jersey, his mandates. The amendment was rejected. State on a per capita basis has it even I strenuously oppose this amendment AMENDMENT OFFERED BY MR. FOSTER worse. This alone is responsible for the and urge the gentleman to bring back a Mr. FOSTER. Mr. Chair, I have an fiscal stress in both of our States. more thoughtful amendment at some amendment at the desk. This is an enormous and unjustifiable point if he wishes, but I don’t support The Acting CHAIR. The Clerk will re- redistribution of wealth between the the blunt cut. port the amendment. States. This amendment takes a first Mr. SIMPSON. Mr. Chair, I yield The Clerk read as follows: small step to begin rolling back these back the balance of my time. At the end of the bill (before the short taker State preferences by eliminating Mr. YOHO. Mr. Chair, I appreciate title), insert the following: one of the many—but one of the most the chairman and ranking member’s SEC. ll. None of the funds made available unjustifiable of them—the EPSCoR opposition. by this Act may be used by the Secretary of program. I would like to remind them that this Energy for the Experimental Program to I reserve the balance of my time. amendment is a necessary step in re- Stimulate Competitive Research. Mr. SIMPSON. Mr. Chair, I claim the ducing the size and scope of the Fed- The Acting CHAIR. Pursuant to time in opposition to the amendment. eral Government. We are approaching House Resolution 743, the gentleman The Acting CHAIR. The gentleman $20 trillion in debt. That approximates from Illinois and a Member opposed from Idaho is recognized for 5 minutes. to about $60,000 for every man, woman, each will control 5 minutes. Mr. SIMPSON. Mr. Chair, I appre- and child in America. When we talked The Chair recognizes the gentleman ciate my colleague’s passion for the Of- about nonessential employees, I didn’t from Illinois. fice of Science. I am a strong supporter have any in my office. Everybody in Mr. FOSTER. Mr. Chair, I yield my- of the Office of Science and the work my office was essential, so we didn’t self such time as I may consume. that they do. lay anybody off. We didn’t put them I offer an amendment on behalf of me As the Nation’s largest supporter of off. and my colleague, Congressman SCOTT basic research in the physical sciences, The gentleman laughs, which is fine. GARRETT, who is my Republican co- the Office of Science directs important The executive departments and agen- chair of the Payer State Caucus, which research funding to the national lab- cies have gradually taken on the per- is a group of Members opposed to the oratories and universities across this

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.107 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3230 CONGRESSIONAL RECORD — HOUSE May 25, 2016 country. The EPSCoR program extends Mr. FOSTER. Mr. Chair, first off, I Some of them have a disadvantage just this even further by supporting re- would like to emphasize that this does by the sheer size. And if you look at search in areas where there has histori- not take away funding from the Office Idaho, we are the 12th largest State, cally been less Federal funding. of Science. It eliminates a very poorly and, I suspect, populationwise, we are The program has been successful in designed set-aside that is based on down there substantially. Montana is laying the foundation and in expanding spending that is completely unrelated probably even worse off than we are. So research programs in the basic sciences to the actual Office of Science. it is almost impossible for the univer- across the Nation. Taking away this If the goal of this program were to sities and so forth to compete with funding puts existing grants and part- equalize the funding in the Office of some of the larger States. nerships in jeopardy at the many uni- Science, then it should be based on the So we can argue about whether the versities that receive EPSCoR grants. actual expenditures of the Office of formulas are correct or absolutely cor- Therefore, I must oppose this amend- Science so that States that are under- rect or if they shouldn’t be modified or ment and urge other Members to do the represented there would, presumably, anything else like that, and I am more same. be able to qualify for these. It does not than willing to do that, but to elimi- Mr. Chair, I yield such time as he do that. If it were designed to equalize nate the program I think is just an en- may consume to the gentleman from the spending between States that retire mistake. Rhode Island (Mr. CICILLINE). ceive a lot more Federal funding than I would urge my colleagues to vote Mr. CICILLINE. I thank the chair- those that don’t, then you would see a against this amendment. man for yielding. very different set of States in this. I yield back the balance of my time. Mr. Chair, I rise in opposition to this Particularly the fact that it is not The Acting CHAIR. The question is amendment, which would eliminate based on a per capita basis is the fun- on the amendment offered by the gen- funding for the Department of Energy’s damental flaw in this thing. If you look tleman from Illinois (Mr. FOSTER). EPSCoR program. at those States, the single distin- The question was taken; and the Act- For more than 40 years, the Depart- guishing characteristic is not that they ing Chair announced that the noes ap- ment of Energy has provided academic are poor or rural or anything else; it is peared to have it. research funding to colleges and uni- that they have small populations, Mr. FOSTER. Mr. Chairman, I de- versities around the Nation, and it has which means that they are overrepre- mand a recorded vote. The Acting CHAIR. Pursuant to been critical to ongoing research that sented in the Senate. clause 6 of rule XVIII, further pro- is essential to maintaining our com- One of the main mechanisms for ceedings on the amendment offered by petitive edge in energy advancement. transferring wealth out of large States the gentleman from Illinois will be The DOE’s Experimental Program to like New Jersey, like Illinois, like Cali- postponed. Stimulate Competitive Research, com- fornia, and a large number of other monly known as EPSCoR, is a science- States into smaller States are spending AMENDMENT OFFERED BY MRS. BLACK driven, merit-based program, whose formulas that have, frankly, been Mrs. BLACK. Mr. Chair, I have an mission is to help balance the alloca- cooked up in the Senate, where small amendment at the desk. The Acting CHAIR. The Clerk will re- tion of DOE and other Federal research States are overrepresented and the for- and development funding to avoid an port the amendment. mulas steer large amounts of money The Clerk read as follows: undue concentration of money to only into them. At the end of the bill (before the short a few States. If this were based on a per capita This successful program has had a title), insert the following: basis, it would, at least, be rational. If SEC. 508. None of the funds made available profound impact on my home State of the Office of Science’s funding were by this Act may be used in contravention of Rhode Island by allowing our academic based on actual expenditures, at least section 642(a) of the Illegal Immigration Re- institutions to increase research capac- in the Department of Energy, it would form and Immigrant Responsibility Act of ity, to enrich the experiences of their be rational. What we see are States re- 1996 (8 U.S.C. 1373(a)). students, and to contribute to impor- ceiving EPSCoR funds that get far The Acting CHAIR. Pursuant to tant advances in a variety of fields. more than their share both in Federal House Resolution 743, the gentlewoman Currently, 24 States, including Rhode funding and in Department of Energy from Tennessee and a Member opposed Island, and three jurisdictions account funding overall. A rational program each will control 5 minutes. for only about 6 percent of all DOE would, first off, collect all research The Chair recognizes the gentle- funding despite the fact that these funding in all areas and base the set- woman from Tennessee. States account for 20 percent of the asides on that. Secondly, it would do it Mrs. BLACK. Mr. Chairman, sanc- U.S. population. EPSCoR has helped to on a per capita basis. tuary cities flaunt our laws and put our stabilize this imbalance in funding, and These are fundamental flaws, and at citizens at risk. We need only to look it should continue to do so in the 2017 this point it is preferable to just elimi- at the tragic 2015 murder of Kate fiscal year and beyond. nate the entire program and start over Steinle in San Francisco to see the In order to ensure robust academic if people think it is a useful thing. grave danger of allowing cities to ig- research and outcomes across the coun- I urge my colleagues to support this nore the Federal immigration policy. try, geographic diversity in funding bipartisan amendment. We cannot allow this to stand. That is should be considered to ensure that we Mr. Chair, I yield back the balance of why I am introducing this amendment are taking advantage of the particular my time. to the Energy and Water Development experiences, knowledge, and perspec- and Related Agencies Appropriations tives of academic institutions from b 1915 bill that would ban funding to any every State. This amendment to elimi- Mr. SIMPSON. Mr. Chair, I appre- State or city that refuses to comply nate this successful program would be ciate the gentleman’s arguments. It with our immigration laws. a step backward for the United States’ sounds like we are back at the Con- Mr. Chair, I recognize that some of commitment to research and develop- stitutional Convention: Should we have my colleagues may say that an amendment. Investments in critical pro- the legislative branch of government ment like this is better suited on the grams, such as EPSCoR, are essential be represented by the population, or Homeland Security or the Commerce, to creating jobs, innovating for the fu- should it be represented by the States? Justice, Science Appropriations bill; ture, and maintaining our competitive I know. Let’s compromise. Let’s have and, indeed, I joined my colleague, edge in scientific research and a global two bodies, one that represents the Congressman GOSAR, on a letter to the economy. States with an equal number from each subcommittees asking that similar I urge my colleagues to join me in State, and one that represents the pop- language be attached to their bills as strongly opposing this amendment. ulation. We will call one the House of well. But the truth is, Mr. Chairman, Mr. FOSTER. Mr. Chair, I inquire as Representatives, and we will call one amnesty for lawbreakers impacts every to how much time I have remaining. the Senate. That is how it works out. aspect of our society: our jobs, our se- The Acting CHAIR. The gentleman We are one Nation, and we try to curity, and, in the case of Ms. Steinle, from Illinois has 2 minutes remaining. make sure that funds go to all States. a young innocent woman’s life.

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00132 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.109 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3231 I believe the crisis of sanctuary cities So the Department of Homeland Se- The amendment was agreed to. demands a multipronged response, and curity is making good progress in solic- AMENDMENT OFFERED BY MR. MCNERNEY this amendment can be a piece of that iting the participation of State and Mr. MCNERNEY. Mr. Chairman, I effort. If cities choose to put their citi- local law enforcement in the PEP pro- have an amendment at the desk. zens at risk in defiance of Federal gram, and we should support them in The Acting CHAIR. The Clerk will re- law—yes, in defiance of Federal law— those efforts and avoid muddling the port the amendment. there is no reason to continue spending issue and reject this amendment. The Clerk read as follows: Federal money on their energy and The Department of Homeland Secu- At the end of the bill (before the short water projects. It is really that simple. rity is not a part of the Appropriations title), insert the following: I urge my colleagues to take a vote Energy and Water Development, and SEC. ll. No Federal funds under this Act for your constituents and support this Related Agencies Subcommittee; and it may be used for a project with respect to commonsense amendment. is doubtful that this amendment would which an investigation was initiated by the I reserve the balance of my time. have any effect, even if it were ger- Inspector General of the Department of the Ms. KAPTUR. Mr. Chairman, I claim mane to the bill and not subject to a Interior during calendar years 2015, 2016, or the time in opposition. point of order. 2017. The Acting CHAIR. The gentlewoman Because this biometric sharing sys- Mr. MCNERNEY (during the reading). from Ohio is recognized for 5 minutes. tem is in effect across the country, no Mr. Chair, I ask unanimous consent Ms. KAPTUR. Mr. Chair, the Black jurisdiction currently refuses to share that my amendment be considered amendment would prohibit financial information about immigration with read. assistance to any State or political ICE. So, as a result, it is difficult to see The Acting CHAIR. Is there objection subdivision that is acting in contraven- how this amendment would have any to the request of the gentleman from tion of the Illegal Immigration Reform effect whatsoever, even if it were of- California? and Immigrant Responsibility Act. But fered on the Commerce, Justice, Mr. SIMPSON. Mr. Chairman, I this is an energy and water bill. This Science, and Related Agencies Com- would object to waiving the reading. isn’t a part of our bill. mittee or the Department of Homeland The Acting CHAIR. The Clerk will I rise in opposition to the amend- Security bills. continue to read. ment because it is, frankly, non- I urge my colleagues to oppose this The Clerk continued to read. germane. The Department of Energy amendment. Frankly, it is not germane Mr. SIMPSON. Mr. Chairman, I re- isn’t involved. The Army Corps of En- to this bill. serve a point of order on the gentle- gineers or the Bureau of Reclamation I yield back the balance of my time. man’s amendment. or the regional independent agencies Mrs. BLACK. Mr. Chair, it really is The Acting CHAIR. A point of order that are under the jurisdiction of this ironic that this amendment is even is reserved. bill have nothing to do with the con- necessary. It would not be necessary if Pursuant to House Resolution 743, cern that the gentlewoman raises. the executive branch and the Depart- the gentleman from California and a Why are we debating immigration ment of Justice and Homeland Secu- Member opposed each will control 5 policy on an Energy and Water Appro- rity were all doing their job and apply- minutes. priations bill? It doesn’t make any ing the law to each one of these sanc- The Chair recognizes the gentleman sense. tuary cities. from California. Frankly, the amendment would pro- I do want to point to the fact that, Mr. MCNERNEY. Mr. Chairman, Cali- hibit funding for State and local gov- back in February of this year, Attor- fornia, like much of the West, has been ernments that have policies against ney General Loretta Lynch testified enduring a devastating drought. This the sharing of information related to before the House Appropriations Com- affects the livelihoods of families, immigration status, but State and mittee. It was in that committee that farmers, and small businesses through- local law enforcement routinely and she talked about cracking down on out the State. automatically share biometric infor- what is happening in these sanctuary California’s Governor now wants to mation with ICE that is used to deter- cities. I want to read what was in The move forward with something called mine immigration status. They do so Washington Times that came as a re- WaterFix tunnels plan, which will through the same electronic system sult of that testimony: build two massive tunnels to divert that shares these biometrics with the ‘‘The Obama administration is pre- water from one part of the State to an- FBI for checks against the criminal paring to crack down on sanctuary cit- other. databases. So even if this amendment ies, Attorney General Loretta Lynch I agree with every other Californian were germane, I don’t think the told Congress on Wednesday, saying that we need long-term, statewide solu- amendment is necessary or would do she would try to stop Federal grant tions to our State’s water needs. I what the gentlewoman believes that it money from going to jurisdictions that agree that there needs to be some level would do. actively thwart agents seeking to de- of certainty for the families, farmers, Even more to the point, if the port illegal immigrants.’’ premise of the amendment is that local It goes on to say that there was a fol- and small businesses about our water law enforcement agencies aren’t noti- low-up in a letter to Mr. CULBERSON supply. To do that, we need to focus on fying ICE prior to releasing from cus- that week that the Justice Department conservation, recycling, reuse, storage, tody individuals who fit ICE immigra- said that if it determined that a city or and leak detection and fixing. The tion enforcement priorities, then the a county receiving Federal grants is re- WaterFix tunnels do none of these amendment is misguided because the fusing to cooperate with ICE agents, things. It creates no new water at all. Department of Homeland Security has they could lose money and face crimi- California voters and the State legis- established a priority enforcement pro- nal prosecution. lature haven’t agreed on whether or gram, known as the PEP, designed to So, hopefully, we will see the admin- not to fund this project, which is ex- better work with State and local law istration crack down on what really is pected to exceed at least $25 billion, enforcement to take custody of crimi- unlawful, and that is for these sanc- and that cost keeps rising. In addition, nal aliens who pose a danger in public tuary cities to be in operation at all. the Federal Government is expected to safety before they are released into our They should not be receiving any Fed- contribute $4 billion. communities. eral funds in each one of these appro- The cost of this plan is an even more Prior to that program’s establish- priation bills, and that is exactly what important issue now that the Depart- ment, 377 jurisdictions refused to honor this amendment does. ment of the Interior inspector general some or all of ICE detainers. But as of I urge my colleagues to support this has opened an investigation into the early this year, 277 of those jurisdic- amendment. possible illegal use of millions of dol- tions, or 73 percent, have now signed up I yield back the balance of my time. lars by the California Department of to participate in that program by re- The Acting CHAIR. The question is Water Resources in preparing environ- sponding to ICE requests for notifica- on the amendment offered by the gen- mental documents for the WaterFix tion, honoring detainer requests, or tlewoman from Tennessee (Mrs. tunnels plan. Instead of funding impor- both. BLACK). tant habitat improvements, the State

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00133 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.112 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3232 CONGRESSIONAL RECORD — HOUSE May 25, 2016 administration may be using Federal Member opposed each will control 5 from quite a few Members. The admin- funds for the tunnel plan that will minutes. istration’s insistence on budgeting on harm critical habitat for at least five The Chair recognizes the gentleman tonnage alone with no other consider- endangered and threatened species. from Alabama. ation is shortsighted. That is why this California needs a water solution for Mr. BYRNE. Mr. Chairman, my bill provides additional funding specifi- the entire State, not one that is too ex- amendment would allow for a number cally for small navigation projects, and pensive, doesn’t create water, and is of important Army Corps of Engineers the report encourages the administra- potentially the source of misappro- projects in my home district of coastal tion to correct its budget criteria. priated funds. We have to use the fund- Alabama to move forward. Unfortunately, the gentleman’s ing for projects that make sense for In many areas, our Nation’s water- amendment would establish priority in California, that make California resil- ways are the lifeblood of the economy. funding for specific projects. That is ient and regionally self-sufficient. Being from a port city, I certainly un- not something I can support, particu- My amendment will ban the govern- derstand this and appreciate the work larly in light of the House prohibition ment from funding tunnels taking our the Army Corps of Engineers does to on congressional earmarks. water, especially while subject to Fed- keep our waterways well maintained. I would urge my colleague to with- eral investigation. I know the Army Corps works hard in draw his amendment and instead con- Mr. Chairman, I reserve the balance tandem with Congress to prioritize tinue to work with the committee to of my time. projects to keep our waterways and show the administration the impor- POINT OF ORDER ports open for commerce. Unfortu- tance of small navigation projects. Mr. SIMPSON. Mr. Chairman, I insist nately, at times, it seems like smaller Mr. BYRNE. Will the gentleman on my point of order. projects in our more rural areas get ig- yield? The Acting CHAIR. The gentleman nored or forgotten altogether. While Mr. SIMPSON. I yield to the gen- will state his point of order. they may not include a major water- tleman from Alabama. Mr. SIMPSON. Mr. Chairman, I make way, these projects are vital to many Mr. BYRNE. Mr. Chairman, I appre- a point of order against the amend- of our local communities and have a ciate the gentleman’s words. He is a ment because it proposes to change ex- significant economic impact from com- man of his word. I appreciate his un- isting law and constitutes legislation mercial and recreational fishing as derstanding the importance of these in an appropriation bill and, therefore, well as tourism in general. projects. Having heard his words, I ask unani- violates clause 2 of rule XXI. My amendment seeks to prioritize The rule states in pertinent part: some projects in southwest Alabama mous consent to withdraw my amend- ‘‘An amendment to a general appro- that are long overdue. These include a ment. The Acting CHAIR. Is there objection priation bill shall not be in order if project to dredge Fly Creek in Baldwin to the request of the gentleman from changing existing law.’’ County, where depths need restoring Alabama? The amendment imposes additional after severe flooding in 2014. Another There was no objection. duties. project would allow for Dog and Fowl The Acting CHAIR. The amendment I ask for a ruling from the Chair. Rivers to be dredged to help accommo- is withdrawn. The Acting CHAIR. Does any other date commercial and recreational fish- AMENDMENT OFFERED BY MR. MCNERNEY Member wish to be heard on the point ing. This project hasn’t been touched Mr. MCNERNEY. Mr. Chairman, I of order? since 2009. Yet another project that have an amendment at the desk. If not, the Chair is prepared to rule. needs attention is Bayou Coden, which The Acting CHAIR. The Clerk will re- The Chair finds that this amendment is an important area for local ship- port the amendment. requires a new determination on the building. The Clerk read as follows: Federal officials covered by the bill I must thank the Army Corps of En- At the end of the bill (before the short with regard to investigations of the De- gineers for their attention to a few title), insert the following: partment of the Interior. projects in coastal Alabama, such as SEC. ll. None of the funds made available The amendment, therefore, con- dredging Perdido Pass and the Bon by this Act may be used to issue Federal stitutes legislation in violation of Secour River. These are critical debt forgiveness or capital repayment for- clause 2 of rule XXI. projects, but more work remains. giveness for any district or entity served by The point of order is sustained, and Mr. Chairman, I understand that my the Central Valley Project if the district or the amendment is not in order. entity has been subject to an order from the amendment may not be allowed under Securities and Exchange Commission finding Mr. MCNERNEY. Mr. Chairman, I ask House rules, but I believe it is impor- a violation of section 17(a)(2) of the Securi- unanimous consent to withdraw my tant to have this debate and remind ties Act of 1933 (15 U.S.C. 77q(a)(2)). amendment. the Committee on Appropriations as Mr. SIMPSON. Mr. Chairman, I re- The Acting CHAIR. The amendment well as the Army Corps of Engineers serve a point of order on the gentle- has been ruled out and is no longer about the importance of these smaller man’s amendment. pending. projects that really make a huge dif- The Acting CHAIR. A point of order b 1930 ference in communities across the is reserved. United States. AMENDMENT OFFERED BY MR. BYRNE Pursuant to House Resolution 743, In these tight budget times, I know it Mr. BYRNE. Mr. Chairman, I have an the gentleman from California and a can be difficult to balance the need for amendment at the desk. Member opposed each will control 5 major Army Corps projects with small- The Acting CHAIR. The Clerk will re- minutes. er projects like the one I have men- The Chair recognizes the gentleman port the amendment. The Clerk read as follows: tioned, but I hope the Army Corps will from California. work with Congress to seek a proper Mr. MCNERNEY. Mr. Chairman, my At the end of the bill (before the short balance that ensures our smaller wa- amendment is being raised to raise title), insert the following: awareness of a very unjust situation. SEC. ll. In allocating funds made avail- terways receive the maintenance and able by this Act for projects of the Army attention they deserve. My amendment would ban Federal Corps of Engineers, the Chief of Engineers Mr. Chairman, I reserve the balance funding for debt forgiveness to any en- shall give priority to the Dog River, Fowl of my time. tity that has been subject to an order River, Fly Creek, Bayou Coden, and Bayou Mr. SIMPSON. Mr. Chairman, I con- finding a violation of the Securities La Batre projects. tinue to reserve my point of order. Act of 1933. Mr. SIMPSON. Mr. Chairman, I re- Mr. Chairman, I claim the time in op- This is timely because there was a serve a point of order on the gentle- position to the amendment. hearing yesterday in the Committee on man’s amendment. The Acting CHAIR. The gentleman Natural Resources that included two The Acting CHAIR. A point of order from Idaho is recognized for 5 minutes. bills that would affirm a drainage set- is reserved. Mr. SIMPSON. Mr. Chairman, I do tlement between the United States and Pursuant to House Resolution 743, understand the gentleman’s concern. In Westlands Water District. This settle- the gentleman from Alabama and a fact, this is an issue we hear about ment would award Federal forgiveness

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00134 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.114 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3233 to Westlands, which has violated such have expired authorizations, many funding for the Energy Information Ad- an SEC order. which expired in the 1980s. One pro- ministration, a semi-independent agen- These agreements matter because gram that we are funding has existed cy that collects, analyzes, and dissemi- they will result in a $300 million tax- since the 1970s, but has never been au- nates impartial energy statistics and payer giveaway. They also fail to ad- thorized by Congress. information to the Nation. The EIA dress or solve the extreme water pollu- The Energy Information Administra- performs essential work for under- tion these irrigation districts discharge tion, which this amendment would standing the electricity generation and into the San Joaquin River and Cali- block funding for, is one of the worst energy consumption in the complex en- fornia delta estuary. offenders. Its authorization expired in ergy markets that make up our Nation. These settlement agreements do not 1984, over 30 years ago. That means The EIA provides a statistical and in- require enough land retirements and that the last time this agency received formational service to the private sec- provide more access to water, further proper congressional instructions, tor that the private sector would not. draining the delta, and there are no oversight, and review, the Los Angeles Eliminating this funding would im- real performance standards or over- Raiders had won the Super Bowl, Ron- mediately impact the ability to per- sight if pollution runoff is mis- ald Reagan was in the White House, form energy policy and would remove managed. and ‘‘Ghostbusters’’ was in the thea- essential reports on the energy market. Considering recent news of the SEC ters. Eliminating the EIA would have vir- fining Westlands due to its conduct in The Energy Information Administra- tually no effect on the total spending misleading investors about its finan- tion has seen its fair share of chal- in this bill, but would negatively im- cial health, the lack of specific per- lenges since it was last authorized. In pact our ability to make energy poli- formance standards and enforcement fact, a few years ago The Wall Street cies. tools makes the current settlement Journal wrote an article about how er- I must oppose this amendment, al- terms even more questionable. rors by the EIA caused a significant though I sympathize with what the My amendment will ban the govern- jump in oil prices. The same story gentleman is trying to do. I would be ment from funding the debt forgiveness noted that the agency was vulnerable willing to work with him and any oth- of these agreements not only because to hacking and that information could ers who are willing to work with a way these agreements are bad for Cali- be easily compromised, yet this body to force the authorizing committees to fornia, but no entity should have Fed- has not acted on an authorization. do the authorizations that should be eral debt forgiveness when they have Mr. Chairman, I don’t question that being redone or the reauthorizations violated Federal laws. there may be some important functions that should being redone. Mr. Chairman, I ask unanimous con- performed by this agency, but at some The reason things expire and the rea- sent to withdraw my amendment. point we must have accountability in son they need to be reauthorized is be- The Acting CHAIR. Is there objection the authorization process. If my cause you need to look to see if they to the request of the gentleman from amendment is approved, we can send a are doing what we intended when we California? message as a House that we are serious enacted them. Sometimes they are. There was no objection. about fiscal discipline and demand Sometimes they are not. Sometimes The Acting CHAIR. The amendment that, if a program is worthy to receive they need be modified. Sometimes they is withdrawn. taxpayer funds, it should be authorized need to be amended. But if we don’t get AMENDMENT OFFERED BY MR. BYRNE by the Congress. back to reauthorizing them, that never Mr. BYRNE. Mr. Chairman, I have an Mr. Chairman, I reserve the balance happens, and that is our fault, Con- amendment at the desk. of my time. gress’ fault. The Acting CHAIR. The Clerk will re- Mr. SIMPSON. Mr. Chairman, I claim Ms. KAPTUR. Will the gentleman port the amendment. the time in opposition to the amend- yield? The Clerk read as follows: ment. Mr. SIMPSON. I yield to the gentle- The Acting CHAIR. The gentleman woman from Ohio. At the end of the bill (before the short title), insert the following: from Idaho is recognized for 5 minutes. Ms. KAPTUR. I appreciate the chair- SEC. ll. (a) None of the funds made avail- Mr. SIMPSON. Mr. Chairman, this is man yielding to me. I agree with his able by this Act may be used for the Energy kind of a hard one because I have to opposition to this amendment. Information Administration. tell you, in all honesty, I agree with Why blame one of the best parts of (b) The amount otherwise made available the gentleman. There are too many our government, in my opinion, for by this Act for ‘‘Department of Energy—En- programs that are not authorized. Un- Congress not doing its job? I am always ergy Programs—Energy Information Admin- fortunately, it is not the Committee on impressed with the Energy Information istration’’ is hereby reduced to $0. Appropriations’ responsibility. It is the Administration. Their data is stellar. The Acting CHAIR. Pursuant to authorizing committees that haven’t They are professionally run. The busi- House Resolution 743, the gentleman been doing their job. ness community looks to them. Frank- from Alabama and a Member opposed It is not the EIA’s fault that they are ly, the global energy community looks each will control 5 minutes. not reauthorized. It is that Congress to them. The Chair recognizes the gentleman has not done their job in reauthorizing I think the amendment is short- from Alabama. them. As the gentleman has stated, sighted and would eliminate one of the Mr. BYRNE. Mr. Chairman, my there are many, many programs best, most important sources of infor- amendment would prohibit any funding throughout. I think the whole Depart- mation that guides all of our decisions. from going to the Energy Information ment of State is up for reauthorization They are so precise. The data that they Administration, which under this bill and hasn’t been reauthorized. present also can be easily understood. is set to receive $122 million in tax- The gentleman is absolutely right. They have maps. They have charts. payer money. We need to do something about that. They have continuous data over a num- Mr. Chairman, rule XXI of the House We have been debating and discussing ber of years. rules prohibits funding programs that how exactly you do that. We have had I think the gentleman wants to solve are not authorized under law. The au- various proposals. In fact, members of a problem, but I think that one could thorization process is so important be- our Conference are looking at it now. I say that this amendment might be cause it gives Congress the ability to know Mr. MCCLINTOCK is very inter- penny wise and pound foolish because, set each agency’s agenda, provide prop- ested in doing this. We have talked if you have had any experience with er oversight, and ensure the agency is about it several times. We are trying to the Energy Information Administra- fulfilling the mission it was designed find some way to force the authorizing tion, you know how excellent they by Congress to meet. committees to actually do their job really are and their work is. Nearly one-third of the Federal dis- and do the reauthorizations that are We depend on it in order to make cretionary spending goes to programs necessary. solid decisions to save money or to whose mandate to exist has expired. In But I rise to oppose this amendment. make decisions that are sound rather this bill, we will fund 28 programs that The amendment proposes to eliminate than unsound. Don’t rip the heart out

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00135 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.119 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3234 CONGRESSIONAL RECORD — HOUSE May 25, 2016 of one of the most important adminis- Executive Order No. 13672 of July 21, 2014 a civil rights vote that enjoyed a bipar- trations that we have at the Federal (‘‘Further Amendments to Executive order tisan majority of support in this level on the energy front. 11478, Equal Employment in the Federal Gov- House. From Portland, Maine, to Des I thank the chairman for yielding. ernment, and Executive Order 11246, Equal Employment Opportunity’’). Moines, Iowa, to southeast Oregon, to I would urge that this amendment be Bakersfield, California, newspaper edi- The Acting CHAIR. Pursuant to defeated. torial boards, radio hosts, and ordinary House Resolution 743, the gentleman Mr. SIMPSON. Let me just explain citizens joined a chorus that was heard from New York and a Member opposed that this is something that I have been first on this floor. ‘‘Shame,’’ they said. trying to find a solution to for a num- each will control 5 minutes. The Chair recognizes the gentleman Shame on those who would betray the ber of years. When I was chairman of from New York. will of this House, who would betray the Interior, Environment and Related Mr. SEAN PATRICK MALONEY of this vote, and shame on anyone who Agencies Appropriations Sub- New York. Mr. Chairman, last week, I would rig this vote and rig our democ- committee—this has been like 4 years came to the floor to offer an amend- racy. ago—the Endangered Species Act had ment to preserve basic workplace pro- Shame on those who snatched dis- not been reauthorized for 23 years at tections for LGBT Americans. My crimination from the jaws of equality, the time. It is like 27 years now that it amendment would have kept taxpayer especially those ‘‘Switching Seven’’ has not been reauthorized. We brought dollars from going to government con- who, having at first voted for fairness, down the Interior appropriation bill, tractors who discriminate against allowed themselves to be dragged back- and we put no money in it for endan- LGBT employees. That is it. It said ward into voting for discrimination. gered species listing or for critical you cannot take taxpayer dollars and On Friday, at a meeting of my Vet- habitat designation, and the intent was fire people just for being gay. erans’ Advisory Board back home, I to force the Committee on Natural Re- There are 28 million Americans work- spoke to decorated military heroes and sources to do a reauthorization of the ing for employers who receive taxpayer civilians who have dedicated their lives Endangered Species Act. dollars, and simple math will tell you to the service of this country. To a per- b 1945 millions would have been protected son, they were outraged by what hap- from arbitrary firing. So it made sense, pened on the floor of this House. The individual who was supporting it was fair, and it deserved a fair vote. One member of the group, Edie, who me the most was the then-chairman of When the vote was held, a bipartisan served as a first lieutenant and combat the Natural Resources Committee. majority of this House, including 36 medic in Vietnam, said when she heard Well, of course, we lost an amendment members of the majority party, sup- about the rigged vote, she thought of because nobody wants to eliminate all ported my amendment. That tally her daughter, who right now is serving the funding for the Endangered Species clock right there showed 217 ‘‘yes’’ her country in the military. And Edie’s Act. But the gentleman that supported votes—4 more than the 213 needed that daughter is a lesbian. me the most was the chairman of the day to pass. With all time expired, it Edie said: Natural Resources Committee at the was clear as can be that equality had When my daughter finishes her active mili- time, who had the ability and author- won the vote. tary service, she will enter the civilian work- ity to go do a reauthorization of the But when the world watched, some- force—perhaps for a government contractor, Endangered Species Act, but didn’t do thing else happened. Something shame- as so many vets do. Will they be able to fire her, even though she and I are both veterans? it. And it still hasn’t been done. ful happened. Something about stick- It is frustrating. I want to work with ing up for basic workplace fairness for Mr. Chairman, does Edie’s service in anybody in this body that is willing to LGBT Americans rankled certain peo- combat count for anything here? Does try to find a way to put pressure on the ple around here. her daughter’s service right now to this committees to do their job. Even though my amendment simply country count for anything here? I yield back the balance of my time. would have applied the same standard Her daughter isn’t alone. There are Mr. BYRNE. Mr. Chairman, I appre- to LGBT employees that we have long 71,000 Active Duty LGBT servicemen ciate the gentleman’s remarks. I ac- applied when people are fired because and -women right now and over 1 mil- cept his offer. I look forward to work- of their race or gender or religion or lion LGBT veterans. Making it easier ing with him. We have got to start disability, it simply was too much. to fire LGBT Americans, even LGBT somewhere, and this is a good place to Even though we would have preserved veterans, isn’t honoring our values. It start. time-honored religious exemptions, it is sacrificing them to preserve a worn I heard the gentlewoman’s remarks. was too much. Something about treat- out and dying prejudice that weakens The Wall Street Journal reported that ing LGBT people fairly just wouldn’t our Nation rather than strengthening this agency caused an increase in oil do. it. prices by one of its malfunctions. So I So people went to work. Even though So, today, I want to thank Speaker don’t think it is quite a perfect agency all Members had voted, strangely, the RYAN for allowing an open process so as she made it out to be. This is a point expired clock stayed up four times that I can offer my amendment again. that we need to make. And I intend to longer than it should have. The gavel It is through this open process that we continue to make this point as we go did not fall. And as we all watched, the can give our colleagues another through the appropriations process. tally began to change: 217, 216, 215. The chance—a second chance—to do the I urge a ‘‘yes’’ vote on this amend- votes in support were dropping. Mem- right thing and to stand for equality. ment. bers of this House were changing their Let us this time ensure that no tax- I yield back the balance of my time. votes. Why? From being in support of payer dollars will be used to discrimi- The Acting CHAIR. The question is fairness, they were now changing them nate against hardworking Americans on the amendment offered by the gen- to be opposed to it. simply because of who they are, simply tleman from Alabama (Mr. BYRNE). Down the vote went, 214, 213, and yet because of who they love. And we will The amendment was rejected. no one came to the well, as is cus- also reaffirm legitimate religious ex- AMENDMENT OFFERED BY MR. SEAN PATRICK tomary, to announce their vote. It was emptions that the President also in- MALONEY OF NEW YORK all in secret, happening out of sight, so cluded in his executive orders on this Mr. SEAN PATRICK MALONEY of no one might see the ugly reality of subject. New York. Mr. Chairman, I have an what was happening. Discrimination has no place in our amendment at the desk. And what happened? Well, when it law. It does not make our water clean- The Acting CHAIR. The Clerk will re- hit 212, one vote shy of the majority it er. It does not power our homes. It port the amendment. needed to pass—one vote shy of the ma- doesn’t defeat ISIS. It doesn’t support The Clerk read as follows: jority it had a few moments earlier— our veterans. At the end of the bill (before the short the gavel came down and the result Every American deserves the right to title), insert the following: was declared. A defeat. work, support a family, and achieve SEC. ll. None of the funds made available It was a shameful exercise, made the American Dream, regardless of who by this Act may be used in contravention of more shameful in that it took place on they are or who they love.

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.121 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3235 I urge my colleagues to stand up to There was no objection. bit dispute about that in the mid-19th discrimination and adopt my amend- The Clerk reported the amendment. century. ment to the bill. The Acting CHAIR. The gentleman What do you say we abide by the The Acting CHAIR. The time of the from New York is recognized. whole Constitution; the part that tries gentleman has expired. Mr. SEAN PATRICK MALONEY of to make it more progressive, more in- AMENDMENT OFFERED BY MR. PITTS TO AMEND- New York. Mr. Chair, I would like to clusive of people like me, of people of MENT OFFERED BY MR. SEAN PATRICK MALO- ask my colleague what is meant by Ar- color, of women, of people who are shut NEY OF NEW YORK ticle I of the Constitution, if he could out when it was written? Mr. PITTS. Mr. Chairman, I have an clarify that for us. How about we include the whole Con- amendment to the amendment. No one who supports my amend- stitution? Can we do that? The Acting CHAIR. The Clerk will re- ment—certainly, not I—has any prob- The Acting CHAIR. The gentleman port the amendment to the amend- lem with the First Amendment, the will address his remarks to the Chair. ment. 14th Amendment, particularly the Mr. SEAN PATRICK MALONEY of The Clerk read as follows: Equal Protection Clause, or with Arti- New York. Mr. Chairman, how about In the section proposed to be added, insert cle I of the Constitution, I assure the we include the whole Constitution? Can before the period at the end the following: ‘‘, gentleman. we do that? except as required by the First Amendment, I also, however, would note—and I Hearing no objection, I assume we the Fourteenth Amendment, and Article I of am sure the gentleman would appre- the Constitution’’. are including the entire Constitution, ciate—that many times throughout including the powers of the President Ms. KAPTUR. Mr. Chairman, I re- American history, Presidents, under under Article II. serve a point of order. their authority under the Constitution, The Acting CHAIR. A point of order Mr. Chair, I reserve the balance of have acted in the area of workplace is reserved. my time. discrimination, particularly in the ex- Pursuant to House Resolution 743, The Acting CHAIR. The gentleman ecutive branch. the gentleman from Pennsylvania and from Pennsylvania has yielded back his For example, would the gentleman a Member opposed each will control 5 time. oppose President Truman’s action to minutes on the amendment to the Therefore, the gentleman from New integrate the armed services? Perhaps amendment. York is recognized on the amendment The Chair recognizes the gentleman he would like that order to be cir- to the amendment. from Pennsylvania. cumscribed in some way, if he thinks Mr. SEAN PATRICK MALONEY of Mr. PITTS. Mr. Chairman, I would that violates Article I of the Constitu- New York. Mr. Chairman, how much like to offer this perfecting amendment tion, the 14th Amendment, or the First time do I have remaining? to my colleague’s amendment. Amendment to the Constitution? The Acting CHAIR. The gentleman This is amendment is very simple. It In other words, the President has, has 2 minutes remaining. would merely state that, as the Federal throughout American history, under Mr. SEAN PATRICK MALONEY of Government spends money with regard his constitutional authority, taken ac- New York. Well, then, let me just say to contracting, the administration tions to widen the circle of opportunity again, the point of today’s vote is to must not run afoul of the First Amend- and to end discrimination in the execu- redo a mistake that was made in this ment, the 14th Amendment, or Article tive branch. House. Nothing in my amendment is in any I of the Constitution. b 2000 The President’s executive order re- way at odds with the Constitution of But of course it wasn’t really a mis- ferred to in the Maloney amendment the United States or the amendments take, was it? defines a law that was never defined by thereto, but it should not be allowed to It was an effort to change the out- Congress. It violates the equal protec- go unchallenged on the floor of this come of a bipartisan majority sup- tion rights of individuals who are House to suggest that President porting an amendment to end discrimi- merely seeking work from the govern- Obama, in his executive action in 2014, nation in Federal contracting. ment. ran afoul of any of those things either. With this amendment, this Congress Indeed, I am unaware of any legal So today, what we are doing is get- can help ensure that, while funds may challenge to the President’s action in ting a second bite at that apple, giving be going out the door to implement those executive orders of 2014. It is Members a chance to vote their con- this policy, he must respect Congress’ pretty clear to me that, if there was science, to do the right thing, free from authority to write the law, respect an something illegal or unconstitutional any pressure, free from any vote swap- individual’s right to exercise his or her about them, there would have been a ping or switching, free from a clock religion, and respect their rights to challenge. being held open long after it should work. I don’t think anybody seriously con- have closed. Does anyone in this Chamber seri- tests the President’s authority to do The American people want to know if ously oppose Article I of the Constitu- what he did in 2014, and many Ameri- their government is on the level, so tion, the First Amendment, or the 14th cans welcome it as one of the signature let’s have this vote on the level. We Amendment? equal protection actions by a Com- know there is a bipartisan majority for I urge my colleagues to join me in mander in Chief or by a President of equality in this House, and, if allowed supporting the Constitution and lim- the United States. a fair vote, we know what the outcome iting the damaging effects of this exec- So, far from being concerned about will be. I look forward to that vote, Mr. utive order. reconciling our activities with the Con- Chairman. Mr. Chairman, I yield back the bal- stitution, we believe they are perfectly I yield back the balance of my time. ance of my time. consistent. Therefore, I would ask the Ms. KAPTUR. Mr. Chairman, I with- Mr. SEAN PATRICK MALONEY of gentleman if he would be willing to draw my reservation of a point of order New York. Mr. Chairman, I rise in op- also include, since we are so fond of the on the amendment to the amendment. position to the amendment. Constitution, Article II of the Con- The Acting CHAIR. The reservation The Acting CHAIR. The gentleman is stitution which specifies the powers of of the point of order is withdrawn. recognized for 5 minutes. the President? Ms. KAPTUR. Mr. Chairman, I move Mr. SEAN PATRICK MALONEY of If the gentleman would answer that to strike the last word. New York. Mr. Chairman, may I have question. The Acting CHAIR. The gentlewoman the amendment read back? Does it in- In other words, if we are so fond of from Ohio is recognized for 5 minutes. clude only the First Amendment, the the Constitution, what do you say we Ms. KAPTUR. Mr. Chairman, I just 14th Amendment, and the Equal Pro- follow the whole thing, including the wanted to say that I associate myself tection Clause? Civil War amendments, including some with Congressman MALONEY’s remarks. The Acting CHAIR. Without objec- of the things about equal protection Workplace discrimination is a crime tion, the amendment to the amend- and due process. You might have heard that we, as lawmakers, have long ment will be reported. something about that. We had a little sought to mitigate.

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.124 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3236 CONGRESSIONAL RECORD — HOUSE May 25, 2016 I have to say I admire him for his civil rights and worker rights, and that in the free exercise of the religion of courage, for his eloquence, and for spirit was clearly violated last week their choosing, and we have a proud being here this evening. during the vote on the spending bill. tradition of conservatives and liberals, I yield to the gentleman from New We know that businesses should oper- Republicans and Democrats, working York in order to complete his state- ate under strict rules of fairness and together to protect this free exercise ment. equality, and, certainly, the Federal right. Mr. SEAN PATRICK MALONEY of Government should. In the 1963 case of Sherbert v. Verner, New York. Mr. Chairman, how much I am just grateful that we could all the liberal Justice William Brennan time is remaining? be here this evening and try to find a mandated that any government intru- The Acting CHAIR. The gentlewoman way to move America forward and to sion into one’s free exercise must meet from Ohio has 41⁄2 minutes remaining. make progress, not just for the people the most stringent standard of judicial Mr SEAN PATRICK MALONEY of of this country, but for humankind. review, strict scrutiny. New York. Mr. Chairman, I want to This amendment will ensure that we It was actually the conservative Jus- make it perfectly clear that we stand are able to achieve a fully equitable tice Antonin Scalia who wrote the 1990 here as servants of the Constitution, workplace and society. opinion in Employment Division v. all of us, and all of the actions we take Mr. Chairman, I yield back the bal- Smith that rolled back the protections here are subject to that beautiful docu- ance of my time. of Sherbert. ment, as amended. The Acting CHAIR. All time having Fortunately, 3 years later, a Demo- So there is nothing about the gentle- expired on the amendment to the crat Congress and a Democrat Presi- man’s amendment, to the extent that amendment, does any Member seek dent, Bill Clinton, rallied large, bipar- it simply restates what is obvious time in opposition to the first-degree tisan majorities to legislatively over- which is that all of our actions are sub- amendment offered by Representative turn Smith in the Religious Freedom ject to the Constitution, that we would MALONEY? Restoration Act, otherwise known as object to. If not, the Chair will put the question RFRA, and restores strict scrutiny My only point is simply that we need on the amendment to the amendment. when the government seeks to invade to read it as a whole document. We The question is on the amendment the free exercise of religion. don’t need to read anything into it. We offered by the gentleman from Penn- RFRA had 170 cosponsors. The gen- can read the text. We can understand sylvania (Mr. PITTS) to the amendment tlewoman from California (Ms. PELOSI) the history of the text. We can under- offered by the gentleman from New and the gentleman from Maryland (Mr. stand the global and expansive nature York (Mr. SEAN PATRICK MALONEY). HOYER) were original cosponsors. It of the language written into the Con- The amendment to the amendment passed by a voice vote in the House and stitution after the searing experience was agreed to. 97–3 in the Senate. of the Civil War around equal protec- The Acting CHAIR. The question is On July 21, 2014, President Obama tion, around due process. on the amendment offered by the gen- signed Executive Order 11478 banning We don’t fear the Constitution; we tleman from New York (Mr. SEAN PAT- Federal contractors from discrimi- welcome it. We embrace it. We claim it RICK MALONEY), as amended. nating on the basis of sexual orienta- as our own when we come to this floor The question was taken; and the Act- tion and gender identity in hiring. and ask that the circle of opportunity ing Chair announced that the noes ap- Unfortunately, despite our broad his- be widened for others who have been peared to have it. tory of working together to protect the excluded before. Mr. SEAN PATRICK MALONEY of free exercise right, the President re- We think that is in the best tradition New York. Mr. Chairman, I demand a fused to provide conscience protections of the American Constitution. We be- recorded vote. for religious-based organizations who lieve the Constitution provides a series The Acting CHAIR. Pursuant to engage in government contracting. This amendment would clarify that of promises that, as King said, it is a clause 6 of rule XVIII, further pro- existing religious freedom protection promissory note and that a check was ceedings on the amendment offered by already in law under the RFRA, the written; we are coming to cash it so we the gentleman from New York, as Americans with Disabilities Act, the will all be treated equally, so we will amended, will be postponed. 1964 Civil Rights Act, and President all be treated fairly, that we all count. AMENDMENT OFFERED BY MR. BYRNE Bush’s Executive Order 13279 would Regardless of who we love, regardless Mr. BYRNE. Mr Chairman, I have an apply, irrespective of the amendment of the color of our skin, whether we amendment at the desk. offered by Mr. MALONEY. walk in or roll in, we believe we all The Acting CHAIR. The Clerk will re- We can debate the merits of Execu- count. And we believe that the Con- port the amendment. tive Order 11478; however, we should stitution enshrines those values in the The Clerk read as follows: have no problem ensuring that reli- most beautiful way in all of human his- At the end of the bill (before the short gious entities still enjoy the protec- tory. title), insert the following: tions of the free exercise of religion. So, far from being concerned in any SEC. ll. None of the funds made available I urge a ‘‘yes’’ vote on my amend- by this Act shall be used in contravention way by the gentleman’s amendment, ment. we welcome it. of— (1) the Religious Freedom Restoration Act Mr. Chairman, I reserve the balance But let it not detract from the fact of my time. that what happened in this House was of 1993 (42 U.S.C. 2000bb et seq.); (2) Executive Order 13279; or Ms. KAPTUR. Mr. Chairman, I claim an effort to enshrine and rationalize (3) sections 702(a) and 703(e)(2) of the Civil the time in opposition to the amend- discrimination under Federal law. And Rights Act of 1964 (42 U.S.C. 2000e-1(a), 42 ment. despite the success we had in defeating U.S.C. 2000e-2(e)(2)), or section 103(d) of the The Acting CHAIR. The gentlewoman that with a bipartisan majority, there Americans with Disabilities Act of 1990 (42 from Ohio is recognized for 5 minutes. were those here who wanted to perpet- U.S.C. 12113(d)), with respect to any religious Ms. KAPTUR. Mr. Chairman, I don’t uate discrimination at the expense of corporation, religious association, religious have a copy of the amendment in front equality. educational institution, or religious society. of me, but from what I have listened to That is inconsistent with the Con- The Acting CHAIR. Pursuant to the gentleman, it sounds like discrimi- stitution, Mr. Chairman. House Resolution 743, the gentleman nation in the guise of religious free- And let that be the final word on from Alabama and a Member opposed dom, and I would hope that isn’t what this. each will control 5 minutes. the gentleman intends. Ms. KAPTUR. Mr. Chairman, how The Chair recognizes the gentleman I have just been given language: much time is remaining? from Alabama. ‘‘None of the funds made available by The Acting CHAIR. The gentlewoman Mr. BYRNE. Mr. Chairman, unlike this Act shall be used in contravention from Ohio has 11⁄4 minutes remaining. our European forebears, the Framers of the Religious Freedom Restoration Ms. KAPTUR. Mr. Chairman, let me made clear that our Nation would have Act.’’ just end by saying, this country has a no state church. Instead, under the I don’t have full confidence that the long and storied history of supporting First Amendment, all will be protected equal protection of the laws for the

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00138 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.126 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3237 faith-based community are fully con- from New York and a Member opposed The Acting CHAIR. The Clerk will sidered in this amendment, and I would each will control 5 minutes. designate the amendment. have to oppose the gentleman’s amend- The Chair recognizes the gentleman The text of the amendment is as fol- ment. from New York. lows: Mr. Chairman, I yield back the bal- Mr. HIGGINS. Mr. Chairman, I want At the end of the bill (before the short ance of my time. to thank Chairman SIMPSON and Rank- title), insert the following: Mr. BYRNE. Mr. Chairman, I want to ing Member KAPTUR for their work on SEC. ll. None of the funds made available make very clear that my amendment this bill. by this Act may be used to enter into a con- says not one single thing about dis- Mr. Chairman, my amendment would tract with any offeror or any of its principals prohibit the shipment of dangerous, if the offeror certifies, as required by Federal crimination. It talks about religious Acquisition Regulation, that the offeror or freedom. highly radioactive liquid nuclear any of its principals: We treat religious freedom some- waste, which the Department of En- (A) within a three-year period preceding times in this country like it is a sec- ergy plans to begin shipping by truck this offer has been convicted of or had a civil ondary right. It is not. It is a funda- later this year in a series of over 100 judgment rendered against it for: commis- mental right. And what my amend- shipments from Ontario, Canada, to sion of fraud or a criminal offense in connec- ment does is make sure that people of South Carolina. tion with obtaining, attempting to obtain, or religious conscience still have that The department wants to transport performing a public (Federal, State, or local) this liquid waste, which is far more ra- contract or subcontract; violation of Federal freedom. or State antitrust statutes relating to the So, far from being discrimination, it dioactive than spent nuclear fuel, submission of offers; or commission of em- makes sure that we have freedoms for across the northern border at the bezzlement, theft, forgery, bribery, falsifica- people that they have had for over 200 Peace Bridge and through downtown tion or destruction of records, making false years; under the 1964 Civil Rights Act, Buffalo. statements, tax evasion, violating Federal for over 50 years; under the Americans In contrast to spent nuclear fuel in criminal tax laws, or receiving stolen prop- with Disabilities Act, for over 25 years; solid form, which has a history of being erty; or (B) are presently indicted for, or otherwise and under RFRA, for over 20 years. shipped by land, this would constitute the first ever shipment of liquid nu- criminally or civilly charged by a govern- This is not new. This is not novel. mental entity with, commission of any of This is settled law. We are making sure clear waste by truck in a transpor- the offenses enumerated above in subsection we protect people here. This has noth- tation cask that was never certified for (A); or ing to do with discrimination. this purpose. Its liquid form, if spilled, (C) within a three-year period preceding I know that some people would like could make containment nearly impos- this offer, has been notified of any delin- to wipe out the effect of church, the ef- sible. quent Federal taxes in an amount that ex- fect of religion, the effect of faith in The route crosses the Great Lakes, ceeds $3,000 for which the liability remains across the busiest passenger crossing unsatisfied. the public square in America. But that The Acting CHAIR. Pursuant to is not what our Constitution is about, at the northern border, and through a high-density metropolitan area. In the House Resolution 743, the gentleman and I think this House should stand up from Florida and a Member opposed for religious freedom for everybody. event of an attack or an accident, the consequences could be devastating. each will control 5 minutes. So I ask that everybody in this House The Chair recognizes the gentleman vote for this very important amend- In spite of these concerns, the De- partment of Energy failed to comply from Florida. ment. Mr. GRAYSON. Mr. Chairman, this Mr. Chairman, I yield back the bal- with the National Environmental Pol- icy Act by not commencing with a new amendment is identical to other ance of my time. amendments that have been inserted The Acting CHAIR. The question is Environmental Impact Statement, instead, relying on old, outdated infor- by voice vote into every appropriations on the amendment offered by the gen- bill considered under an open rule dur- tleman from Alabama (Mr. BYRNE). mation. The evolving threat picture since 9/11 ing the 113th and 114th Congresses. The The question was taken; and the Act- amendment simply expands the list of ing Chair announced that the ayes ap- requires that the Department of En- ergy reassess the manner in which it parties with whom the Federal Govern- peared to have it. ment is prohibited from contracting Ms. KAPTUR. Mr. Chairman, I de- ships such dangerous materials. Proceeding with the shipments would due to serious misconduct on the part mand a recorded vote. of the contractors. The Acting CHAIR. Pursuant to also ignore the will of the House, which unanimously passed legislation requir- I hope that this amendment remains clause 6 of rule XVIII, further pro- noncontroversial. ceedings on the amendment offered by ing the Department of Homeland Secu- rity perform a terrorism threat assess- I yield back the balance of my time. the gentleman from Alabama will be The Acting CHAIR. The question is postponed. ment regarding the transportation of chemical, biological, nuclear and radio- on the amendment offered by the gen- b 2015 logical materials through the United tleman from Florida (Mr. GRAYSON). The amendment was agreed to. AMENDMENT OFFERED BY MR. HIGGINS States. AMENDMENT NO. 5 OFFERED BY MR. BABIN Mr. HIGGINS. Mr. Chairman, I have To reiterate, my bill would only im- an amendment at the desk. pact one type of nuclear waste ship- Mr. BABIN. Mr. Chairman, I have an The Acting CHAIR. The Clerk will re- ment, and other shipments of spent nu- amendment at the desk. The Acting CHAIR. The Clerk will port the amendment. clear fuel would not be affected. designate the amendment. The Clerk read as follows: I urge support for my amendment, which would prohibit these shipments The text of the amendment is as fol- At the end of the bill (before the short lows: title), insert the following: until the Department of Energy per- SEC. ll. None of the funds made available forms a full and thorough review proc- At the end of the bill (before the short by this Act may be used by the Secretary of ess. Proceeding without doing so would title), insert the following: Energy to carry out, or for the salary of any seriously compromise public safety. SEC. ll. None of the funds made available by this Act may be made available to enter officer or employee of the Department of En- Mr. Chairman, I urge support of my ergy to carry out, the proposed action of the into new contracts with, or new agreements amendment. for Federal assistance to, the Islamic Repub- Department to transport target residue ma- I yield back the balance of my time. terial from Ontario, Canada to the United lic of Iran. The Acting CHAIR (Mr. HUIZENGA of States, described in the supplement analysis The Acting CHAIR. Pursuant to entitled ‘‘Supplement Analysis for the For- Michigan). The question is on the House Resolution 743, the gentleman eign Research Reactor Spent Nuclear Fuel amendment offered by the gentleman from Texas and a Member opposed each Acceptance Program’’, issued by the Depart- from New York (Mr. HIGGINS). will control 5 minutes. ment in November 2015 (DOE/EIS–0218–SA– The amendment was agreed to. The Chair recognizes the gentleman 07). AMENDMENT NO. 7 OFFERED BY MR. GRAYSON from Texas. The Acting CHAIR. Pursuant to Mr. GRAYSON. Mr. Chairman, I have Mr. BABIN. Mr. Chairman, I rise in House Resolution 743, the gentleman an amendment at the desk. strong support of my amendment to

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.127 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3238 CONGRESSIONAL RECORD — HOUSE May 25, 2016 prohibit any contracts or Federal as- Today, international inspectors are PETERS have introduced an amendment sistance to the Islamic Republic of Iran on the ground, and Iran is being sub- to clarify that the National Ocean Pol- from being funded in this Energy and jected to the most comprehensive, in- icy is a critical multiagency action Water Development Appropriations trusive inspection regime ever nego- that should be implemented. bill. tiated to monitor a nuclear program. Mr. Chair, my district is a poster As a result of this recent nuclear Inspectors will remain to monitor child for the need for ocean coordina- deal, Iran is now cleared to receive up Iran’s key nuclear facilities 24 hours a tion and information sharing between to $150 billion in assets that should day, 365 days a year. For decades to local, State, and Federal Governments, have never made its way back to the come, inspectors will have access to and the military, ports, shippers, en- Ayatollahs. Iran’s entire nuclear supply chain. ergy developers, recreational users, and Iran is the world’s leading State That is an incredible achievement. other stakeholders. I know firsthand sponsor of terrorism. Any dollar sent The Department of Energy’s vast ex- that we can have a thriving ocean to Iran’s government is a dollar sent to pertise in the nuclear fuel cycle, nu- economy and at the same time protect a brutal, apocalyptic, and dangerous clear safeguards and security, and nu- and conserve our precious ocean re- regime that routinely flouts inter- clear materials plays a critical role in sources. national norms, threatens to wipe informing and ensuring that Iran is For example, the Port of Long Beach Israel off the map, captures and hu- meeting its nuclear commitments. is the second busiest port in the United miliates our U.S. sailors, flagrantly To date, experts at the Department States in my district, moving $140 bil- violating Geneva Convention rules, and of Energy headquarters, seven national lion in goods, supporting 1.4 million is responsible for the murders of hun- laboratories, and two Department of jobs in the United States. dreds of United States soldiers. Energy nuclear sites have been ac- Offshore oil platforms extract crude Passage of this amendment will wipe tively involved in reaching and now oil in San Pedro Bay less than a mile the slate clean of any potential for implementing the agreement. These from my front door. San Clemente Is- money from the hardworking tax- experts will continue to support the land in my district has a Navy training payers in my district and from across International Atomic Energy Agency’s ground and a ship-to-shore firing the United States of America to go to monitoring and verification activities range. Nearby waters are home to Iran. No money for contracts to buy worldwide and are vital as the United seabirds, fisheries, and migrating their heavy water, no money for their States works with our P5+1 and Euro- whales. Sea level rise and extreme so-called civilian nuclear power pro- pean Union partners to ensure viability weather threaten neighborhoods and gram. Let’s not get fooled again like into Iran’s nuclear program. businesses all along my district and we did with North Korea. Why would we proactively cut off our the entire coast of California. The Iran deal was only given an nonproliferation program and experts With so much activity happening, it ‘‘aye’’ vote by 162 Members of this from working to prevent Iran to simply makes sense to have the Navy House—a very small total. The Presi- achieve nuclear weapons? Isn’t that at the table when NOAA is working on dent may have lifted the sanctions that counter to our own national security siting of a new aquaculture installa- Congress passed in 2010, but there is no interests? tion. It makes sense to have the fishery reason that we cannot take this step to In other words, if Iran tries to cheat, management council weigh in when oil show Iran and the world that we are se- if they try to build a bomb covertly, we rigs are being decommissioned, and it rious about putting them back in place will catch them, the world will catch is a no-brainer that NOAA, the Coast for their flagrant violations. them, unless we here in Congress undo Guard, and the ports all work together Mr. Chairman, I urge a ‘‘yes’’ vote. these efforts and adopt amendments to get these massive ships in and out of I yield back the balance of my time. such as the one we are discussing now. port safely. Ms. KAPTUR. Mr. Chairman, I rise in The bottom line is this: Iran was We want these collaborations to hap- opposition to the amendment. steadily expanding its nuclear pro- pen because we want to have a sustain- The Acting CHAIR. The gentlewoman gram. The agreement has now cut off able ocean economy, and by developing from Ohio is recognized for 5 minutes. every single path to build a bomb. regional plans and having a framework Ms. KAPTUR. Mr. Chairman, I op- Mr. Chairman, I oppose this harmful for multi-stakeholder involvement, we pose this amendment and want to amendment and encourage my col- can streamline this process and pro- begin by saying that ideological riders leagues to oppose as well. mote a robust ocean economy that also have no place on appropriation bills, I yield back the balance of my time. conserves our precious ocean resources. certainly on this bill, and, frankly, I The Acting CHAIR. The question is The country and my district need a don’t believe that this is even germane on the amendment offered by the gen- comprehensive approach to our ocean resources, which the National Ocean to the Energy and Water Development tleman from Texas (Mr. BABIN). bill. The amendment was agreed to. Policy provides. This amendment is just the first of I urge my colleagues to vote ‘‘yes’’ AMENDMENT OFFERED BY MR. LOWENTHAL many possible attempts to tie the on my amendment. Mr. LOWENTHAL. Mr. Chairman, I hands of the administration from im- I reserve the balance of my time. have an amendment at the desk. plementing an extremely important Mr. CALVERT. Mr. Chairman, I rise The Acting CHAIR. The Clerk will re- international agreement that will rein opposition to the amendment. port the amendment. The Acting CHAIR. The gentleman sult in exactly the opposite of what the The Clerk read as follows: from California is recognized for 5 min- gentleman infers. utes. The plan of action that was agreed to At the end of the bill (before the short Mr. CALVERT. Mr. Chairman, while by several countries, P5+1, closed the title), insert the following: SEC. ll (a) None of the funds made avail- there may be instances in which great- four pathways through which Iran able by this Act may be used in contraven- er coordination would be helpful in en- could get to a nuclear weapon in less tion of Executive Order No. 13547 of July 19, suring our ocean and coastal resources than a year. We do not gain anything 2010. are available to future generations, by putting limitations on United (b) None of the funds made available by any such coordination must be done States’ ability to engage or monitor this Act may be used to implement, admin- carefully to protect against Federal Iran’s compliance with the agreement. ister, or enforce section 506 of this Act. overreach. The President has repeatedly said that The Acting CHAIR. Pursuant to he will continue to take aggressive House Resolution 743, the gentleman b 2030 steps to counter any activities in viola- from California and a Member opposed As we have seen recently with the tion of existing sanctions, and this in- each will control 5 minutes. proposed rule to redefine waters of the cludes restrictions on certain nuclear- The Chair recognizes the gentleman United States, strong congressional related transfers, conventional arms, from California. oversight is needed to ensure that we and ballistic missile items, certain Mr. LOWENTHAL. Mr. Chair, I, protect private property rights. asset freezes and travel bans, as well as along with Representatives CICILLINE, Unfortunately, the way the adminis- cargo inspections. FARR, LANGEVIN, KEATING, BEYER, and tration developed its National Ocean

VerDate Sep 11 2014 09:11 May 26, 2016 Jkt 059060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.134 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3239 Policy, it increases the opportunities This amendment is a commonsense college students, but only 45 percent of for overreach. The implementation amendment, one meant to provide undergraduate STEM degree holders. plan is so broad and so sweeping, that transparency as it relates to the Army This large pool of untapped talent is it may allow the Federal Government Corps of Engineers and the awarding of a great potential source of STEM pro- to effect agricultural practices, min- contracts. When they actually award a fessionals. As the Nation’s demo- ing, energy producers, fishermen, and technically acceptable lowest bid, the graphics change, I think it is impera- anyone else whose actions may have an rationale and the other transparency tive that we emphasize in the various impact on the oceans. documents would actually be reported Federal agencies that we need to pro- The fact is the administration did that no funds could be extended except vide and extend opportunities for mi- not work with Congress to develop this for those express purposes. norities in science, technology, engi- plan and has even refused to provide I yield back the balance of my time. neering, and math. relevant information to Congress, so The Acting CHAIR. The question is Earlier today, I had the opportunity we can’t be sure how sweeping it actu- on the amendment offered by the gen- to visit with Scott Kelly. One would ally will be. That is why I support the tleman from North Carolina (Mr. call him the miracle astronaut, spend- language in the underlying bill and, MEADOWS). ing over 300 days on the International therefore, oppose the amendment. The amendment was agreed to. Space Station. The International I yield back the balance of my time. AMENDMENT OFFERED BY MS. JACKSON LEE Space Station was the entity built Mr. LOWENTHAL. Mr. Chairman, Ms. JACKSON LEE. Mr. Chairman, I some years ago when I was on the there is an agreement among all of us have an amendment at the desk. Science, Space, and Technology Com- that there needs to be more coordina- The Acting CHAIR. The Clerk will re- mittee. But to realize that a human tion among all of the stakeholders to port the amendment. being tested himself to stay, an Amer- make smart decisions about our ocean The Clerk read as follows: ican making history. I believe science, resources. However, many on the other At the end of the bill (before the short technology, engineering, and math side of the aisle oppose the National title), insert the following: commemorates and celebrates the Ocean Policy on the grounds that, as SEC. ll. None of the funds made available giant work of Scott Kelly, but it pro- we have just heard, it is overreach, by this Act for ‘‘Department of Energy—En- duces more Scott Kellys. which is authorized by an executive ergy Programs—Science’’ may be used in I applaud Energy Secretary Moniz’s order of a President that they don’t contravention of the Department of Energy commitment, which will increase the like. Organization Act (42 U.S.C. 7101 et seq.). Nation’s economic competitiveness and To me, this seems petty. National The Acting CHAIR. Pursuant to enable more of our people to realize Ocean Policy is not a failed policy like House Resolution 743, the gentlewoman their full potential. some suggest, nor is it an instance of from Texas and a Member opposed each I would ask my colleagues to support executive overreach. It is merely a will control 5 minutes. this amendment, as it has been sup- commonsense way to facilitate multi- The Chair recognizes the gentle- ported in the past, to again, through stakeholder collaboration on complex woman from Texas. this legislation, emphasize the impor- ocean issues, and it promotes economic Ms. JACKSON LEE. Mr. Chairman, I tance of science, technology, engineer- opportunity, national security, and en- want to thank the ranking member, ing, and math. vironmental protection. Ms. KAPTUR, her staff, and the chair- I ask support for the Jackson Lee I yield back the balance of my time. man of the subcommittee, Mr. SIMP- amendment. The Acting CHAIR. The question is SON, and staff and others because they Mr. Chair, thank you for this opportunity to on the amendment offered by the gen- have been working hard. describe my amendment, which simply pro- tleman from California (Mr. I want to emphasize that this is an vides that: ‘‘None of the funds made available LOWENTHAL). amendment that was approved and by this Act for ‘Department of Energy—Energy The amendment was rejected. adopted in an identical form on April Programs—Science’ may be used in con- AMENDMENT OFFERED BY MR. MEADOWS 29, 2015, during the 114th Congress, as travention of the Department of Energy Orga- Mr. MEADOWS. Mr. Chairman, I an amendment to H.R. 2028, the Energy nization Act (42 U.S.C. 7101 et seq.).’’ have an amendment at the desk. and Water Development and Related This amendment was approved and adopt- The Acting CHAIR. The Clerk will re- Agencies Appropriations Act. ed in identical form on April 29, 2015, during port the amendment. I do this amendment because I do be- The Clerk read as follows: the 114th Congress as an amendment to H.R. lieve it is extremely important. If you 2028, the Energy and Water Resources Ap- At the end of the bill, before the short travel around this country, whether it propriations Act of 2016. title, insert the following: is Silicon Valley, whether it is NASA, SEC. lll. None of the funds made avail- Mr. Chair, I want to thank Chairman SIMP- able by this Act may be spent by the Army whether it is dealing with energy re- SON and Ranking Member KAPTUR for their Corps of Engineers to award contracts using sources, renewable and otherwise, you stewardship in bringing this legislation to the the lowest price technically acceptable realize the importance of science, tech- floor and for their commitment to preserving source selection process unless the source se- nology, engineering, and math. America’s great natural environment and re- lection decision is documented and such doc- Twenty years ago, Mr. Chairman, on sources so that they can serve and be en- umentation includes the rationale for any February 11, 1994, President Clinton joyed by generations to come. business judgments and tradeoffs made or reissued Executive Order 12898, directing lied on by the source selection authority, in- Mr. Chair, twenty years ago, on February cluding benefits associated with additional Federal agencies to identify and ad- 11, 1994, President Clinton issued Executive costs. dress the disproportionately high and Order 12898, directing federal agencies to Mr. MEADOWS. Mr. Chairman, I ask adverse human health or environ- identify and address the disproportionately unanimous consent that the amend- mental effects of their actions on mi- high and adverse human health or environment be considered read. nority and low-income populations. mental effects of their actions on minority and The Acting CHAIR. Is there objection The Department of Energy seeks to low-income populations. to the request of the gentleman from provide equal access to these opportu- The Department of Energy seeks to provide North Carolina? nities for underrepresented groups in equal access in these opportunities for under- There was no objection. STEM, including minorities, Native represented groups in STEM, including minori- The Acting CHAIR. Pursuant to Americans, and women. We need pro- ties, Native Americans, and women. House Resolution 743, the gentleman fessionals in these areas to be able to Mr. Chair, women and minorities make up from North Carolina and a Member op- assess the various impacts, environ- 70 percent of college students, but only 45 posed each will control 5 minutes. mental impacts, on the minority com- percent of undergraduate STEM degree hold- The Chair recognizes the gentleman munity. But, more importantly, we ers. from North Carolina. also need our organizations, such as This large pool of untapped talent is a great Mr. MEADOWS. Mr. Chairman, I will Historically Black Colleges and other potential source of STEM professionals. be brief. The night is getting long, and colleges, to make sure to include op- As the nation’s demographics are shifting the committee has done some great portunities for minority and women and now most children under the age of one work on the underlying bill. students. They make up 70 percent of are minorities, it is critical that we close the

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00141 Fmt 4634 Sfmt 9920 E:\CR\FM\K25MY7.137 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3240 CONGRESSIONAL RECORD — HOUSE May 25, 2016 gap in the number of minorities who seek Cape Wind offshore wind generation County metropolitan area. It does this STEM opportunities. project in Cape Cod, Massachusetts. to emphasize the importance of the in- I applaud the Energy Secretary Moniz’s I offered this amendment in last vestigations account, not to single out commitment which will increase the nation’s year’s appropriation, and it was adopt- a particular project, but for describing economic competitiveness and enable more of ed by a voice vote, so I believe it a project, which I will take time to do. our people to realize their full potential. should be fairly noncontroversial. I I am pleased that H.R. 5055 provides Mr. Chair, there are still a great many sci- urge my colleagues to support the $120 million for the investigations ac- entific riddles left to be solved—and perhaps amendment. count. This is very important to the one of these days a minority engineer or biolo- Nearly 2 years ago, the Department Army Corps of Engineers. As a Federal gist will come-up with some of the solutions. of Energy offered conditional commit- agency that collects and studies basic The larger point is that we need more ments for the Cape Wind project of a information pertaining to river and STEM educators and more minorities to qual- $150 million loan guarantee. Since that harbor, flood and storm damage reduc- ify for them. time, the project has been plagued by tion, shore protection, aquatic eco- The energy and science education pro- setbacks amid concerns about its im- system restoration, and conducts de- grams funded in part by this bill will help en- pact on the environment, disruptions tailed studies, plans, and specifications sure that members of underrepresented com- of safety for passenger aircraft, or just for river and harbor, and flood and munities are not placed at a disadvantage the high cost of electricity produced by storm damage reduction, the U.S. when it comes to the environmental sustain- the proposed facility. Last year, two of Army Corps of Engineers plays a crit- ability, preservation, and health. the State’s utilities terminated con- ical role in building, maintaining, and Through education about the importance of tracts to purchase power from the wind expanding the most critical of the Na- environmental sustainability, we can promote farm, jeopardizing the viability of the tion’s infrastructure. We understand a broader understanding of science and how project. this very well in my home State of citizens can improve their surroundings. I believe we should encourage the de- Texas and the 18th Congressional Dis- Through community education efforts, velopment of all forms of energy. Re- trict. teachers and students have also benefitted by newable sources like wind power are Over the last 2 years, Mr. Chairman, learning about radiation, radioactive waste important for our Nation’s energy 2 years around the exact same time, we management, and other related subjects. portfolio. didn’t have something called a hurri- The Department of Energy places interns But this project, in particular, has a cane. We had a heavy rain in April-May and volunteers from minority institutions into troubled history. This amendment of 2015 and April of 2016. 2016 had 20 energy efficiency and renewable energy pro- seeks to ensure that the American tax- inches of rain, which was enormous. grams. payers do not have to foot the bill if The damage was unbelievable. Let me cite for you the words from The DOE also works to increase low income the project fails. the Greater Houston Partnership that and minority access to STEM fields and help Mr. Chairman, I urge adoption of the supports this amendment: students attain graduate degrees as well as amendment. ‘‘Perhaps the most telling statistic of find employment. I yield back the balance of my time. all: based on the 7,021 calls the United With the continuation of this kind of funding, The Acting CHAIR. The question is Way of Greater Houston has received we can increase diversity, provide clean en- on the amendment offered by the gen- through its 2–1-1 line, 1,937 calls have ergy options to our most underserved commu- tleman from Ohio (Mr. STIVERS). been requests for ‘food replacement.’’’ nities, and help improve their environments, The amendment was agreed to. The amount of money that was lost which will yield better health outcomes and AMENDMENT OFFERED BY MS. JACKSON LEE was $1.9 billion in damage during the greater public awareness. Ms. JACKSON LEE. Mr. Chairman, I weeks that followed the storm, which But most importantly businesses will have have an amendment at the desk. includes damage to homes, cars, more consumers to whom they may engage in The Acting CHAIR. The Clerk will re- schools, parks, churches, roadways, related commercial activities. port the amendment. and other important elements of our My amendment will help ensure that under- The Clerk read as follows: infrastructure. This is what we faced in represented communities are able to partici- At the end of the bill, before the short Houston, Texas. pate and contribute equitably in the energy title, insert the following: I am recounting that and indicating and scientific future. SEC. ll. The amounts otherwise provided that we believe this investigations ac- I ask my colleagues to join me and support by this Act are revised by reducing the count is so very important. It will have the Jackson Lee Amendment. amount made available for ‘‘Corps of Engi- the opportunity, through a $3 million I yield back the balance of my time. neers-Civil—Investigations’’, and increasing study, to deal with the bayous that are The Acting CHAIR. The question is the amount made available for the same ac- located in the larger Houston/Harris count, by $3,000,000. on the amendment offered by the gen- County area: Sims Bayou, Greens tlewoman from Texas (Ms. JACKSON The Acting CHAIR. Pursuant to Bayou, Brays Bayou, White Oak LEE). House Resolution 743, the gentlewoman Bayou, Hunting Bayou, and Clear The amendment was agreed to. from Texas and a Member opposed each Creek. AMENDMENT OFFERED BY MR. STIVERS will control 5 minutes. Again, let me be very clear. As the Mr. STIVERS. Mr. Chairman, I have The Chair recognizes the gentle- Army Corps of Engineers works an amendment at the desk. woman from Texas. through their work study program, this The Acting CHAIR. The Clerk will re- Ms. JACKSON LEE. Mr. Chairman, investigations account will be enor- port the amendment. allow me again to thank Mr. SIMPSON mously important. The Clerk read as follows: and Ms. KAPTUR for their work on this We have also received a letter from At the end of the bill (before the short energy and water bill that is so very Members of the United States Congress title), insert the following: important, and emphasize the impor- supporting the study of all of the bay- SEC. ll. None of the funds made available tance of this legislation to many and ous in our community. We want to en- by this Act may be used for the Cape Wind all regions of the United States of sure that the account is robust to pro- Energy Project on the Outer Continental America. vide that possible opportunity. Shelf off Massachusetts, Nantucket Sound. My amendment speaks to the need Let me indicate to my colleagues The Acting CHAIR. Pursuant to for robust funding for the U.S. Army again, the investigations account is House Resolution 743, the gentleman Corps of Engineers investigations ac- $120 million. We rise to support it. We from Ohio and a Member opposed each count. Let me be very clear. It speaks also rise to acknowledge the need for will control 5 minutes. to the general need for robust funding the utilization of those funds all over The Chair recognizes the gentleman for the investigations account, and it America, and certainly in Houston/Har- from Ohio. speaks to it in terminology of re- ris County, Texas, and the surrounding Mr. STIVERS. Mr. Chairman, I rise directing $3 million for increased fund- counties, which will help us, through a in support of my amendment, which ing for postdisaster watershed assess- study, have a better pathway to how would prohibit the Department of En- ment studies, like the one that is being we fix this, how do we not have this be ergy funding from being used for the contemplated for the Houston/Harris Houston next year in 2017.

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00142 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.076 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3241 Let me thank my colleagues. Mr. Chair, I am pleased that H.R. 5055 pro- The economic damage caused by the 2015 I reserve the balance of my time. vides $120 million for the Investigations ac- Houston flood is estimated at $3 billion; the b 2045 count. 2016 estimate is being compiled and is esti- As the federal agency that collects and mated to be well above $2 billion. Mr. SIMPSON. Mr. Chair, I claim the studies basic information pertaining to river Mr. Chair, minimizing the risk of flood dam- time in opposition, although I am not and harbor, flood and storm damage reduc- age to the Houston and Harris County metro- opposed to the amendment. tion, shore protection, aquatic ecosystem res- politan area, the nation’s 4th largest, is a mat- The Acting CHAIR. Without objec- toration, and conducts detailed studies, plans, ter of national significance because the region tion, the gentleman from Idaho is rec- and specifications for river and harbor, and is one of the nation’s major technology, en- ognized for 5 minutes. flood and storm damage reduction, the U.S. There was no objection. ergy, finance, export and medical centers: Mr. SIMPSON. Mr. Chair, first, let Army Corps of Engineer plays a critical role in 1. Port of Houston is the largest bulk port in me assure my colleague that I under- the building, maintaining, and expanding the the world; stand her interest in addressing the most critical of the nation’s infrastructure. 2. Texas Medical Center is a world re- We understand this very well in my home flooding risks in her district in Hous- nowned teaching, research and treatment cen- state of Texas and the Eighteenth Congres- ton. ter; Besides the fact that the fiscal year sional District that I represent. 3. Houston is home to the largest conglom- The Army Corps of Engineers has been 2017 Energy and Water bill includes a eration of foreign bank representation and working with the Harris County I Flood Control total of $13.3 million above the budget second only to New York City as home to the District since 1937 to reduce the risk of flood- request for flood and storm damage re- most Fortune 500 companies; and ing within Harris County. 4. The Houston Watershed Assessment duction studies, the bill also allows for Current projects include 6 federal flood risk study area sits within major Hurricane Evacu- several new studies to be initiated, and management projects: ation arteries for the larger Galveston Gulf the Corps could choose the study of in- 1. Sims Bayou Coast region. terest to the gentlewoman as one of 2. Greens Bayou I ask my colleagues to join me and support them. 3. Brays Bayou the Jackson Lee Amendment for the Environ- Since this amendment does not 4. White Oak Bayou change the funding levels within the mental Justice Program. 5. Hunting Bayou, and Mr. Chair, I yield back the balance of bill, I do not oppose the amendment. 6. Clear Creek my time. Ms. KAPTUR. Will the gentleman In addition to these ongoing projects, the yield? Army Corps of Engineers operates and main- GREATER HOUSTON PARTNERSHIP, May 26, 2016. Mr. SIMPSON. I yield to the gentle- tains the Addicks and Barker (A&B) Detention Hon. SHEILA JACKSON LEE, woman from Ohio. Dams in northwest Harris County. House of Representatives, Ms. KAPTUR. I thank the gentleman Mr. Chair, I am pleased that the bill provides Washington, DC. for yielding. that the Secretary of the Army may initiate up DEAR REPRESENTATIVE JACKSON LEE, as Mr. Chair, Congresswoman SHEILA to six new study starts during fiscal year 2017, you know, on April 18, 2016, the Houston re- JACKSON LEE has been absolutely unre- and that five of those studies are to consist gion experienced unprecedented rain and lenting in her representation of Hous- studies where the majority of the benefits are flooding. According to an estimate prepared ton and of the serious situation that is derived from flood and storm damage reduc- by BBVA Compass, Houston experienced over $1.9 billion in damage during the weeks that faced there by the citizenry and leaders tion or from navigation transportation savings. because of the flooding. What a tre- followed the storm, which includes damage I am optimistic that one of those new study to homes, cars, schools, parks, churches, mendous voice she is for the people starts will be the Houston Regional Watershed roadways and other important elements of whom she represents. There isn’t a Assessment Flood Risk Management Feasi- our infrastructure. For many, the recent time that I see her in the elevators or bility study. storms have affected every aspect of their walking around that she doesn’t ask Such a study is certainly needed given the quality of life. Perhaps the most telling sta- me about this bill and about wanting frequency and severity of historic-level flood tistic of all: based on the 7,021 calls the to come down and amend it to make events in recent years in and around the United Way of Greater Houston has received sure that it is sensitive to the needs of Houston metropolitan area. through its 2–1–1 line, 1,937 calls have been Houston. I just wanted to put that on On April 15, 2016, an estimated 240 billion requests for ‘‘food replacement.’’ We greatly appreciate your leadership en- the record. gallons of water fell in the Houston area over suring the Houston area receives appropriate Mr. SIMPSON. Mr. Chair, I yield a 12 hour period, which resulted in several federal funding to help Houston heal and back the balance of my time. areas exceeding the 100 to 500 year flood make it more resilient in the future. To that Ms. JACKSON LEE. I thank the dis- event record. end, we are supportive of the requested $3 tinguished gentleman and the distin- The areas that experienced these historic million for a study by the U.S. Army Corps guished gentlewoman for their cour- rain falls were west of 1–45, north of I–10, and of Engineers to investigate flood risk man- tesies. Greens Bayou. agement opportunities in the Houston met- I want the chairman to know that I Additionally, an estimated 140 billion gallons ropolitan area by analyzing the watersheds have acknowledged in my written of water fell over the Cypress Creek, Spring as a system of systems. Sincerely, statement the funds that he has placed Creek, and Addicks watershed in just 14 BOB HARVEY, in the legislation. hours. President and CEO. Mr. Chair, I ask my colleagues to The purpose of the Houston Regional Wa- support the Jackson Lee amendment as tershed Assessment is to identify risk reduc- CONGRESS OF THE UNITED STATES, a very fine statement that contributes tion measures and optimize performance from HOUSE OF REPRESENTATIVES, to this bill, to the people of the Nation, a multi-objective systems performance per- Washington, DC, April 26, 2016. but also to the people of Texas and spective of the regional network of nested and Hon. HAL ROGERS, Houston. intermingled watersheds, reservoir dams, flood Chairman, House Committee on Appropriations, Washington, DC. Mr. Chair, I want to thank Chairman SIMP- flow conveyance channels, storm water deten- Hon. NITA LOWEY, SON and Ranking Member KAPTUR for shep- tion basins, and related Flood Risk Manage- Ranking Member, House Committee on Appro- herding this legislation to the floor and for their ment (FRM) infrastructure. priations, Washington DC. commitment to preserving America’s great nat- Special emphasis of the study, which covers DEAR CHAIRMAN ROGERS AND RANKING ural environment and resources so that they 22 primary watersheds within Harris County’s MEMBER LOWEY: We write to the Committee can serve and be enjoyed by generations to 1,756 square miles, will be placed on extreme on Appropriations to allocate $3 million in come. flood events that exceed the system capacity the FY 2016 supplemental funding for a 3 My amendment speaks to the need for ro- resulting in impacts to asset conditions/func- year study to be conducted by the Army bust funding for the U.S. Army Corps of Engi- tions and loss of life. Corps of Engineers that will investigate flood risk management opportunities in the neers ‘‘Investigations’’ account by redirecting Mr. Chair, during the May 2015 Houston Houston metropolitan area by analyzing the $3 million for increases funding for post-dis- flood, 3,015 homes were flooded and 8 per- watersheds as a system of systems. This re- aster watershed assessment studies, like the sons died; during the April 2016 Houston quest for funding is based upon the frequency one that is being contemplated for the Hous- flood, 5,400 homes were flooded and 8 deaths and severity of flood events in and around ton/Harris County metropolitan area. recorded. the Houston metropolitan area.

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.146 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3242 CONGRESSIONAL RECORD — HOUSE May 25, 2016 An estimated 240 billion gallons of water At the end of the bill (before the short able manpower and resources for both fell in the Houston area over a 12 hour pe- title), insert the following: the DOE and the industries involved in riod, which resulted in several areas exceed- SEC. ll. Beginning on November 8, 2016, these consensus agreements. ed the 100 to 500 year flood event record. The through January 20, 2017, none of the funds This makes no sense. We need to records are based upon time period of rain made available by this Act may be used to fall, the location of the rain fall, and the du- propose or finalize a regulatory action that move on with the business of America. ration of the event over a watershed. The is likely to result in a rule that may have an Taking a myopic view of our Nation’s areas that experienced these historic rain annual effect on the economy of $100,000,000 regulatory practices is nothing new for falls were west of 1–45, north of I–10, and or more, as specified in section 3(f)(1) of Ex- this majority. Time and again, we have Greens Bayou. Further, an estimated 140 bil- ecutive Order No. 12866 of September 30, 1993. seen appropriation riders and author- lion gallons of water fell over the Cypress The Acting CHAIR. Pursuant to izing legislation that only looks at the Creek, Spring Creek, and Addicks watershed House Resolution 743, the gentleman costs that are associated with agency in just 14 hours. rules and that completely ignores the The study we seek funding will identify from Oklahoma and a Member opposed risk reduction measures and optimize per- each will control 5 minutes. associated benefits to our country. formance from a multi-objective systems The Chair recognizes the gentleman This amendment is no different. performance perspective of the regional net- from Oklahoma. These proposals overlook the exten- work of nested and intermingled watersheds, Mr. MULLIN. Mr. Chair, I offer an sive review process that already exists reservoir dams, flood flow conveyance chan- amendment to protect Americans from for rules. For example, every new rule nels, storm water detention basins, and re- the costly regulations this administra- is already scrutinized up and down by lated Flood Risk Management (FRM) infra- tion or future administrations may try numerous Federal agencies as well as structure. Special emphasis will be placed on to issue before the President leaves of- by key stakeholders and the public extreme flood events that exceed the system capacity resulting in impacts to asset condi- fice. My amendment would prohibit through very, very extensive input tions/functions and loss of life. funds from being used to propose or to that agencies seek. Let me explain. The study area includes 22 primary water- finalize any major regulation from No- For economically significant rules, sheds within the county’s 1,756 square miles, vember 8 to January 20 of next year. an agency must provide the Office of each having unique flooding problems. These In the past, we have seen administra- Management and Budget with an as- include Spring-Creek, Little Cypress Creek, tions issue politically motivated regu- sessment and, to the extent possible, Willow Creek, Cypress Creek, Addicks, Bark- lations between the day of the election with a quantification of the benefits as er, Buffalo Bayou, Clear Creek, Sims Bayou, and the day the new President takes well as of the costs of a proposed rule. Brays Bayou, White Oak Bayou, Greens Bayou, Hunting Bayou, Vince Bayou, Ar- office. In 2000 and in 2008, the number In accordance with Executive Order mand Bayou, Carpenters Bayou, San Jacinto of midnight regulations issued was No. 12866, the agency has to justify the River, Jackson Bayou, Luce Bayou, Cedar nearly double the average of non-mid- costs associated with the rule, and Bayou, Spring Gully and Goose Creek, and night regulations. We expect this ad- these costs are justified with benefits, San Jacinto and Galveston Bay Estuaries. ministration to maintain this practice, which is something the Mullin amend- The flooding problems in the watershed are and with the nature of the regulations ment appears to think doesn’t exist, frequent, widespread, and severe, with we have seen from the Federal agencies but that is simply false. projects to reduce flood risks in place that over the past 8 years, this amendment For example, in his 2015 analysis of are valued at several billion dollars. Recent historical flooding in the region was docu- is more important than ever. the estimated costs and benefits of sig- mented in 1979, 1980, 1983, 1989, 1993, 1994, 1997, I would like to briefly thank the gen- nificant Federal regulations, the OMB 2001 (Tropical Storm Allison), 2006, 2007, 2008 tleman from Michigan (Mr. WALBERG) estimated that, over the last decade, (Hurricane Ike), 2015 and was most recently for leading on this issue in the House. the benefits of these rules outweighed demonstrated during the significant flood- Let’s hold the executive branch in the economic costs by nine to one—and ing, widespread damages, and losses of life check in its remaining days so that that is OMB. These benefits have trans- during the 12 hour flood event from April 17– families and businesses across the lated into real money for the American 18, 2016. country don’t fall victim to unneces- taxpayer. The study will involve coordination with local, state and federal stakeholders to com- sary, burdensome regulations. As a result of standards established prehensively evaluate the life safety, eco- Mr. Chair, I reserve the balance of by the DOE, a typical American house- nomic, and environmental impacts of poten- my time. hold already saves over $200 a year on tial regional flooding, as well as land use Ms. KAPTUR. Mr. Chair, I claim the its energy bill. That comes in different that is managed by local entities so future time in opposition. forms. Whether it is a more efficient regional development is regulated to avoid The Acting CHAIR. The gentlewoman refrigerator or whether it is light bulbs individual and cumulative impacts of the from Ohio is recognized for 5 minutes. or whether it is insulation, we all know broad pattern and rapid pace of development Ms. KAPTUR. Mr. Chair, this amend- the benefits. that contribute to poor FRM systems per- ment is actually costly, inefficient, Besides economic benefits, these formance. Thank you for your careful consideration and it rolls back progress in a depart- standards provide benefits to our envi- of this request is appreciated. If you have ment that has really been experiencing ronment and the well-being of our com- questions contact Glenn Rushing tremendous leadership under Dr. Er- munities. The 40 new or updated stand- [email protected] in Congress- nest Moniz. ards issued by the DOE will assist in woman Jackson Lee’s office. The Mullin amendment would stop reducing carbon emissions by over 2 Sheila Jackson Lee (TX–18), Rube´n Hino- the Department of Energy from pro- million metric tons through 2030, and josa (TX–15), Filemon Vela (TX–34), posing or finalizing any rule that may will help this Nation curb climate Eddie Bernice Johnson (TX–30), Marc cost more than $100 million annually, Veasey (TX–33), Randy K. Weber (TX– change, which we all know threatens 14), Michael McCaul (TX–10), Blake the Congressman says. Mr. Chair, this the health of our environment as well Farenthold (TX–27), Pete Olson (TX– is just another attempt to ensure that as of our communities. 22), Gene Green (TX–29), Al Green (TX– agencies are unable to enact important Republicans should stop trying to un- 09), Dan Kildee (MI–05), Joaquin Castro rules and regulations that protect con- dermine the rulemaking process. They (TX–20), Henry Cuellar (TX–28), Mem- sumers and benefit our Nation. should stop ignoring the real-world bers of Congress. What if that had been done back benefits of these rules to society and The Acting CHAIR. The question is when the Clean Water Act was first the progress that we are making as a on the amendment offered by the gen- passed? country. tlewoman from Texas (Ms. JACKSON We would have had communities I urge my colleagues to oppose this LEE). across this country pumping sewage amendment. The amendment was agreed to. into their kitchens. Mr. Chair, I reserve the balance of AMENDMENT OFFERED BY MR. MULLIN At the DOE alone, the Mullin amend- my time. Mr. MULLIN. Mr. Chair, I have an ment would stall 14 rules that are cur- Mr. MULLIN. Mr. Chair, with respect amendment at the desk. rently in progress, a third of which are to my colleague, I do want to point out The Acting CHAIR. The Clerk will re- consensus agreements that the DOE that the Clean Water Act had abso- port the amendment. has worked with industry to finalize. lutely nothing to do with pumping sew- The Clerk read as follows: The amendment would also waste valu- age into someone’s house. It had to do

VerDate Sep 11 2014 09:11 May 26, 2016 Jkt 059060 PO 00000 Frm 00144 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.049 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3243 with the direct discharge into navi- The Chair recognizes the gentle- can serve and be enjoyed by generations to gable waters, like in Mississippi. It has woman from Texas. come. nothing to do with what we are talking Ms. JACKSON LEE. Mr. Chair, my My amendment speaks to the need for ro- about or with what the gentlewoman previous amendment dealt with the In- bust funding for the U.S. Army Corps of Engi- brought up. vestigations account, which is the neers ‘‘Construction’’ account by redirecting Second of all, when the gentlewoman predecessor to the Construction ac- $100 million for increased funding for critical starts talking about its being costly, count. construction projects, like those current and the last time I checked, the cost of liv- Before I begin the discussion, let me future projects proposed for the Houston/Har- ing has skyrocketed due to the regula- say that I took to the floor of the ris County metropolitan area. tions, due to the amount of inflation House in May, after the floods occurred Mr. Chair, I am pleased that H.R. 5055 pro- that has been brought on by regula- in Houston, and had a moment of si- vides $1.945 billion for the Construction actions and from the costs of doing busi- lence for the eight people who had died count. ness. As a businessowner, I well under- in those floods. Mr. Chair, this was not As the federal agency that collects and stand the costs. a hurricane, and it was not a tornado. studies basic information pertaining to river Through rulemaking, the legislators It was hard rain that caused individ- and harbor, flood and storm damage reduc- lose the ability to legislate, which is uals in their cars to drown. It was very, tion, shore protection, aquatic ecosystem res- what our Founding Fathers had de- very tragic. Some going to work, some toration, and conducts detailed studies, plans, cided to do when they set up the legis- nurses, some students who were drown- and specifications for river and harbor, and lative branch. We surrender that when ing in their cars. This is what it looked flood and storm damage reduction, the U.S. we allow the executive branch to go like in my district. It looked the same Army Corps of Engineers plays a critical role crazy towards the end of the year to way in 2015 and again in 2016. in building, maintaining, and expanding the clean the slate of their last year in of- The Construction account, for which most critical of the nation’s infrastructure. fice. Let me give you some numbers. I want to thank Ms. KAPTUR and Mr. We understand this very well in my home Under the Carter administration— SIMPSON, has $1.94 billion. I believe the state of Texas and the Eighteenth Congres- this is how far I am going to go back, Construction account is very impor- sional District that I represent. and don’t think that this is a Repub- tant to Members across the Nation. The Army Corps of Engineers has been lican thing or a Democrat thing. Dur- Certainly, it is important to the Hous- working with the Harris County Flood Control ing the midnight hours of regulations, ton-Harris County region, with other District since 1937 to reduce the risk of flood- which is considered to be November 8 counties around. As the Federal agency ing within Harris County. to January 20, the Carter administra- that collects and studies basic informa- Current projects include 6 federal flood risk tion issued 24,531 pages of midnight tion pertaining to river and harbor management projects: regulations. The Reagan administra- flood and storm damage and shore pro- 1. Sims Bayou tion issued 14,584 pages of midnight tection, this is important construction 2. Greens Bayou regulations. The Bush administration money that will be vital to preventing 3. Brays Bayou issued 20,148 pages of midnight regula- this kind of catastrophe—first a study, 4. White Oak Bayou tions. The Clinton administration then the construction. The areas that 5. Hunting Bayou, and issued 26,542 pages of midnight regula- may be impacted by the Army Corps’ 6. Clear Creek tions. Mind you, this is between the resources include Sims Bayou, Greens In addition to these ongoing projects, the election in November until he leaves Bayou, Brays Bayou, White Oak Army Corps of Engineers operates and main- office in January. Bush: 21,251 pages. Bayou, Hunting Bayou, and Clear tains the Addicks and Barker (A&B) Detention All I am saying is let’s be the legisla- Creek Bayou. These are the areas that Dams in northwest Harris County. tors our Founding Fathers set up, and spilt over and caused the enormous Such a study is certainly needed given the let’s not allow the executive branch to damage. frequency and severity of historic-level flood allow rulemaking to go on and bypass On April 15, 2016, an estimated 240 events in recent years in and around the the legislative branch. billion gallons of water fell in the Houston metropolitan area. It is clear that Mr. Chair, I reserve the balance of Houston area over a 12-hour period, much more needs to be done to minimize the my time. which resulted in several areas exceed- vulnerability of the nation’s 4th largest metro- Ms. KAPTUR. Mr. Chair, I urge Mem- ing the 100- to 500-year flood event. politan area and economic engine from the bers to oppose the gentleman’s amend- That is why these construction dollars flood damage. ment. are so important. The areas that expe- On April 15, 2016, an estimated 240 billion I yield back the balance of my time. rienced these historic rainfalls were gallons of water fell in the Houston area over Mr. MULLIN. Mr. Chair, I urge my west of I–45, north of I–10 and Greens a 12 hour period, which resulted in several colleagues to vote for this amendment Bayou—my congressional district, areas exceeding the 100 to 500 year flood so we can hold this administration ac- among others. event record. countable. Finally, during the May 2015 Houston The areas that experienced these historic I yield back the balance of my time. flood, 3,000 homes were flooded, and rainfalls were west of 1–45, north of I 10, and The Acting CHAIR. The question is eight people died. During the April 2016 Greens Bayou. on the amendment offered by the gen- Houston flood, 5,400 homes were flood- Additionally, an estimated 140 billion gallons tleman from Oklahoma (Mr. MULLIN). ed, and, again, eight deaths were re- of water fell over the Cypress Creek, Spring The amendment was agreed to. corded. As for my previous numbers, Creek, and Addicks watershed in just 14 AMENDMENT OFFERED BY MS. JACKSON LEE April 15, 2016, was when they had this hours. Ms. JACKSON LEE. Mr. Chair, I have constant rain—240 billion gallons. The Mr. Chair, during the May 2015 Houston an amendment at the desk. economic damage caused by the 2015 flood, 3,015 homes were flooded and 8 per- The Acting CHAIR. The Clerk will re- Houston flood is estimated at $3 bil- sons died; during the April 2016 Houston port the amendment. lion. flood, 5,400 homes were flooded and 8 deaths The Clerk read as follows: This Construction account is so very recorded. important. I ask my colleagues to sup- The economic damage caused by the 2015 At the end of the bill, before the short port the Jackson Lee amendment, title, insert the following: Houston flood is estimated at $3 billion; the SEC. ll. The amounts otherwise provided which is the broader view of how these 2016 estimate is being compiled and is esti- by this Act are revised by reducing the dollars can be utilized to save lives, in mated to be well above $2 billion. amount made available for ‘‘Corps of Engi- particular in regions that I happen to Mr. Chair, minimizing the risk of flood dam- neers-Civil—Construction’’, and increasing live in, which is the Houston-Harris age to the Houston and Harris County metro- the amount made available for the same ac- County area. politan area, the nation’s 4th largest, is a mat- count, by $100,000,000. Mr. Chair, I want to thank Chairman SIMP- ter of national significance because the region The Acting CHAIR. Pursuant to SON and Ranking Member KAPTUR for shep- is one of the nation’s major technology, en- House Resolution 743, the gentlewoman herding this legislation to the floor and for their ergy, finance, export and medical centers: from Texas and a Member opposed each commitment to preserving America’s great nat- 1. Port of Houston is the largest bulk port in will control 5 minutes. ural environment and resources so that they the world;

VerDate Sep 11 2014 07:45 May 26, 2016 Jkt 059060 PO 00000 Frm 00145 Fmt 4634 Sfmt 9920 E:\CR\FM\K25MY7.150 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3244 CONGRESSIONAL RECORD — HOUSE May 25, 2016 2. Texas Medical Center is a world re- stand that this now will give us the op- ministration in our Nation’s history, nowned teaching, research and treatment cen- portunity for long overdue projects actions such as these do nothing to inter; that are dealing with major flooding. spire trust or confidence amongst the 3. Houston is home to the largest conglom- The previous amendment giving us a American people. eration of foreign bank representation and work plan through the Army Corps of It took a FOIA request in 2014 to re- second only to New York City as home to the Engineers will again be instructive and veal that, out of more than 450 Depart- most Fortune 500 companies; and helpful to saving lives and reducing the ment of the Interior inspector general 4. The Houston Watershed Assessment enormity of loss and the enormity of requests, the Obama administration study area sits within major Hurricane Evacu- damage that has been caused to these only allowed the IG to release three re- ation arteries for the larger Galveston Gulf areas. ports. Coast region. I ask for support of the Jackson Lee While that stat is troubling, figures I ask my colleagues to join me and support amendment. released by the Associated Press this the Jackson Lee Amendment. I yield back the balance of my time. year through their annual FOIA review I thank Chairman SIMPSON and Ranking The Acting CHAIR. The question is are even more disturbing. The annual Member KAPTUR for their work in shepherding on the amendment offered by the gen- review covers Freedom of Information this bill to the floor. tlewoman from Texas (Ms. JACKSON Act requests made to more than 100 dif- Mr. Chair, I reserve the balance of LEE). ferent Federal agencies. my time. The amendment was agreed to. Shockingly, the AP reported in March that, in 2015, the American peo- b 2100 AMENDMENT OFFERED BY MR. GOSAR Mr. GOSAR. Mr. Chairman, I have an ple received censored responses or Mr. SIMPSON. Mr. Chairman, I claim amendment at the desk. nothing in 77 percent of all FOIA re- the time in opposition, although I do The Acting CHAIR. The Clerk will requests, redacted releases or nothing in not oppose the amendment. port the amendment. response to nearly 600,000 Freedom of The Acting CHAIR. Without objec- The Clerk read as follows: Information Act requests. Absolutely tion, the gentleman from Idaho is rec- shameful. ognized for 5 minutes. At the end of the bill (before the short title), insert the following: Daniel Epstein, executive director of There was no objection. SEC. ll. None of the funds made available the nonprofit government watchdog Mr. SIMPSON. Mr. Chair, first let me by this Act may be used to carry out the Cause of Action, said it best when he assure my colleague that I understand memorandum from the White House Coun- stated: ‘‘Information seekers, whether the issue prompting this amendment. sel’s Office to all Executive Department and they’re individuals, members of the Seeing our communities flood and our Agency General Counsels entitled ‘‘Reminder news media or public interest groups, constituents struggling to deal with Regarding Document Requests’’ dated April should be extremely troubled by the 15, 2009. the aftermath of flooding, especially fact that this White House has been when there are projects already The Acting CHAIR. Pursuant to interfering with how Federal agencies planned to prevent such flooding, can House Resolution 743, the gentleman comply with the Freedom of Informa- be extremely frustrating. from Arizona and a Member opposed tion Act.’’ That is why the energy and water each will control 5 minutes. This amendment is supported by bills over the past several years have The Chair recognizes the gentleman Americans for Tax Reform; the Council included significant funding above the from Arizona. for Citizens Against Government budget request for the Corps of Engi- Mr. GOSAR. Mr. Chair, I rise to offer Waste; the National Taxpayers Union; neers flood and storm damage reduc- an amendment which will prevent the the Taxpayers Protection Alliance; tion mission. administration from causing unneces- Concerned Citizens for America, Ari- In fact, the fiscal year 2017 energy sary delays and blocking important in- zona Chapter; the Gila County Cattle and water bill more than doubles the formation from being released to the Growers Association; and the Sulphur budget requested from the administra- general public under the Freedom of Springs Valley Electric Cooperative. tion for construction of these projects. Information Act. Agency officials that want to comply It is an increase of 113 percent, or $457 In 2009, the White House released a with the law and respond to Freedom million. secret memo to every executive depart- of Information Act requests in a timely More specifically, the bill includes ment and agency urging them to con- manner should not be blocked from $392 million in additional funding, for sult with counsel at the White House doing so because of an arbitrary memo which the Houston area projects could before releasing any documents or ful- from the White House. compete. That amount is $82 million filling any requests that may involve The Department of Energy IG and more than the amount provided in the ‘‘White House equities.’’ numerous government watchdog fiscal year 2016 act. Last year the Department of Energy, groups claim the memo that my Additionally, the committee report Office of Inspector General, released a amendment defunds is limiting public directs the Corps to consider the sever- special report titled The Department of access under the Freedom of Informa- ity of risks of flooding or the frequency Energy’s Freedom of Information Act tion Act. with which an area has experienced Process. I urge my colleagues to support this flooding when deciding how to allocate In this report, Federal investigators amendment and defund this unlawful the additional funding provided. The determined that, in numerous cases memo. bill provides strong support for ad- where the Department of Energy’s gen- I also want to thank the distin- dressing flood risks. eral counsel had provided their FOIA guished chair and ranking member for Because the amendment does not ac- response to the White House, ‘‘the their work on this bill. tually change funding levels and, so, FOIA case file was incomplete and did I reserve the balance of my time. does not upset the balance of priorities not contain all of the documents re- Ms. KAPTUR. Mr. Chairman, I claim within this bill, I will not oppose this lated to the FOIA response.’’ the time in opposition to the amend- amendment. What does that mean, Mr. Chairman? ment. I yield back the balance of my time. As the report tells us, incomplete docu- The Acting CHAIR (Mr. POE of Ms. JACKSON LEE. Mr. Chair, again mentation in these cases prevents us Texas). The gentlewoman from Ohio is I thank Mr. SIMPSON for recounting from being absolutely certain we know recognized for 5 minutes. that information and Ms. KAPTUR for what changes or redactions were made Ms. KAPTUR. Mr. Chair, I am op- the leadership that she has given and when the White House reviewed the posed to the amendment as the provi- the understanding of the plight that we documents. Further, we don’t know sion interferes with the standard prac- are in. how many records requests submitted tice spanning administrations of both Flood control is critical to dams and to the Department of Energy were parties and raises potential constitu- harbors, and it is most critical of all as blocked by the White House. tional concerns. infrastructure. That is what the con- For an administration that once It is standard practice for agencies struction funding will do. We under- sought to be the most transparent ad- processing Freedom of Information Act

VerDate Sep 11 2014 09:11 May 26, 2016 Jkt 059060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.091 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3245 requests to confer with other executive cord with the President’s memo- from Arizona and a Member opposed branch entities with equities, including randum. each will control 5 minutes. the White House, prior to releasing I have submitted identical language The Chair recognizes the gentleman documents. Agencies refer documents to 20 different appropriations bills over from Arizona. to the White House just as they refer the past few years, and every time it Mr. GOSAR. Mr. Chairman, I rise to documents to other agencies. has been accepted by both the majority offer an amendment which will help The practice of agencies consulting and the minority. I hope my amend- prevent an unnecessary tax increase on with the White House prior to Freedom ment will receive similar support hardworking families and send a strong of Information Act requests regarding today. message from the House of Representa- White House equities is longstanding, Global oil prices are down. We no tives that we oppose the administra- spanning administrations of both par- longer pay $147 per barrel. But spikes tion’s new mandatory climate change ties. The Reagan administration issued in oil prices would still have profound transportation program. a memorandum in 1988 directing such repercussions for our economy. The In February, the Obama administra- consultation. primary reason is that our cars and tion proposed creating a new program Finally, the provision could interfere trucks run only on petroleum. We can nicknamed the 21st Century Clean with the President’s ability to protect change that with alternative tech- Transportation Plan that aims to privileged information and thereby nologies that exist today. spend $320 billion over the next 10 years could raise constitutional concerns in The Federal Government operates and divert precious taxpayer funds to some applications. This is just one the largest fleet of light-duty vehicles self-driving cars, high-speed rail, and more instance of the majority in America, over 640,000 vehicles. More mass transit in the name of preserving prioritizing message amendments rath- than 55,000 of those vehicles are within the environment. er than getting on with the hard work the jurisdiction of this bill, being used In fact, $20 billion of the estimated of legislating. by the Department of Energy, the De- $32 billion each year for this proposed I oppose this amendment. It has no partment of the Interior, and the Army program won’t go to roads or bridges, place on an appropriations bill and Corps of Engineers. but instead will be squandered on inef- should be defeated. When I was in Brazil a few years ago, ficient programs that require signifi- I yield back the balance of my time. I saw how they diversified their fuel cant taxpayer subsidies. Mr. GOSAR. Mr. Chairman, once use. People there can drive to a gaso- To pay for the majority of this un- again I would like to just actually reit- line station and choose whether to fill lawful $320 billion program, the Obama erate these responses. Seventy-seven their vehicle with gasoline or ethanol. administration has proposed a $10.25 percent of all FOIA requests were not They make their choice based on cost tax on every barrel of oil. This new tax complied with. Redacted releases are or whatever criteria they deem impor- on crude oil and petroleum products nothing in response to nearly 600,000 tant. will inevitably be passed on to hard- Freedom of Information Act requests. I want the same choice for American working Americans that can’t afford Once again, smoke and mirrors. When consumers. That is why I am proposing another new tax increase from the are we going to get this? a bill in Congress, as I have done many Obama administration. I would ask everybody to vote for times in the past, which will provide In fact, the $10.25 per-barrel tax is es- this amendment. for cars built in America to be able to timated to add an additional 25 cents I yield back the balance of my time. run on a fuel instead of or in addition to the cost of every gallon of gasoline. The Acting CHAIR. The question is to gasoline. It is less than $100 per ve- Millions of energy-related jobs will be on the amendment offered by the gen- hicle. That is a separate issue, but I put at risk and low-income families tleman from Arizona (Mr. GOSAR). raise it because it is in conjunction will be forced to bear larger financial The amendment was agreed to. with what I am proposing here. If they burdens as a result of this unnecessary AMENDMENT NO. 6 OFFERED BY MR. ENGEL can do it in Brazil, we can do it here. tax that is being proposed to pay for Mr. ENGEL. Mr. Chairman, I have an So, in conclusion, expanding the role Obama’s flawed climate change trans- amendment at the desk. these alternative technologies play in portation program. The Acting CHAIR. The Clerk will our transportation economy will help In the Department of Energy’s fiscal designate the amendment. break the leverage that foreign govern- year 2017 budget, the agency requested The text of the amendment is as fol- ment-controlled oil companies hold $1.3 billion for this year and $11.3 bil- lows: over Americans. It will increase our lion over the next 10 years to fund the At the end of the bill (before the short Nation’s domestic security and protect administration’s 21st Century Clean title), insert the following: consumers. Transportation Plan. SEC. ll. None of the funds made available Again, I have submitted this in dif- by this Act may be used by the Department My amendment rejects the new $10.25 of Energy, the Department of the Interior, or ferent appropriations bills through the tax on every barrel of crude oil and any other Federal agency to lease or pur- years, and it has always passed unani- prohibits funding in this bill for the ad- chase new light duty vehicles for any execu- mously by both Democrats and Repub- ministration’s flawed climate change tive fleet, or for an agency’s fleet inventory, licans. I hope it will be the same. transportation program. except in accordance with Presidential I ask that my colleagues support the This amendment is supported by Memorandum—Federal Fleet Performance, Engel amendment. Americans for Limited Government; dated May 24, 2011. I yield back the balance of my time. Americans for Tax Reform; the Council The Acting CHAIR. Pursuant to The Acting CHAIR. The question is for Citizens Against Government House Resolution 743, the gentleman on the amendment offered by the gen- Waste; the National Taxpayer Union; from New York and a Member opposed tleman from New York (Mr. ENGEL). the Taxpayers Protection Alliance; each will control 5 minutes. The amendment was agreed to. Concerned Citizens for America, Ari- The Chair recognizes the gentleman AMENDMENT OFFERED BY MR. GOSAR zona Chapter; the Gila County Cattle from New York. Mr. GOSAR. Mr. Chairman, I have an Growers Association; and the Sulphur Mr. ENGEL. Mr. Chairman, on May amendment at the desk. Springs Valley Electric Cooperative. 24, 2011, President Obama issued a The Acting CHAIR. The Clerk will re- I thank the distinguished chair and memorandum on Federal fleet perform- port the amendment. ranking member for their work on this ance that required all new light-duty The Clerk read as follows: bill. vehicles in the Federal fleet to be al- At the end of the bill (before the short I reserve the balance of my time. ternative fuel vehicles, such as hybrid, title), insert the following: b 2115 electric, natural gas, or biofuel. SEC. ll. None of the funds made available My amendment echoes the Presi- by this Act may be used by the Department Ms. KAPTUR. Mr. Chairman, I claim dent’s memorandum by prohibiting of Energy for the 21st Century Clean Trans- the time in opposition to the amend- funds in this act from being used to portation Plan. ment. lease or purchase new light-duty vehi- The Acting CHAIR. Pursuant to The Acting CHAIR. The gentlewoman cles unless that purchase is made in ac- House Resolution 743, the gentleman from Ohio is recognized for 5 minutes.

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.156 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3246 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Ms. KAPTUR. Mr. Chairman, the sustain this pace, we must continue to Mr. Chairman, I yield back the bal- gentleman has hit a very soft spot with invest in programs like the 21st Cen- ance of my time. me here, the automotive and trucking tury Clean Transportation Plan, which The Acting CHAIR. The question is industries, so vital to my area of the drives our economy forward. on the amendment offered by the gen- country and so vital to the whole econ- The automotive industry and all the tleman from Arizona (Mr. GOSAR). omy. related suppliers, including trucks, rep- The amendment was agreed to. Actually, the manufacturing part of resent about one out of every seven AMENDMENT OFFERED BY MR. SANFORD America, as it recovers, is lifting us to jobs in this country. We are in stiff Mr. SANFORD. Mr. Chairman, I have new heights with economic growth. I competition with markets that are an amendment at the desk. rise in strong opposition to this amend- closed, with markets that try to target The Acting CHAIR. The Clerk will re- ment because, again, it takes America our industry and snuff them out of export the amendment. backward, not forward. istence. I think that we have to do ev- The Clerk read as follows: This amendment seeks to prohibit erything possible. At the end of the bill (before the short funding for the Department of Energy’s I co-chair the House Automotive title), insert the following: 21st Century Clean Transportation Caucus here along with Congressman SEC. ll. None of the funds made available Plan, which is a fantastic initiative MIKE KELLY of Pennsylvania, and I by this Act may be used to provide a loan which would set America on a long- would have to say that the gentleman’s under section 136 of the Energy Independence term path to achieving our economic amendment does not take us forward, and Security Act of 2007 (42 U.S.C. 17013). and climate goals. but backward. The Acting CHAIR. Pursuant to I am telling you, when you see some I would urge my colleagues to oppose House Resolution 743, the gentleman of what is being done with new mate- it very, very strongly. from South Carolina and a Member op- rials science, with new composites, Mr. SIMPSON. Will the gentlewoman posed each will control 5 minutes. with metals and plastics technologies, yield? The Chair recognizes the gentleman Ms. KAPTUR. I yield to the gen- I can go from Ford’s Ecoboost engine, from South Carolina. tleman from Idaho. Mr. SANFORD. Mr. Chair, I think to Chrysler’s new vehicles, to Dana’s Mr. SIMPSON. Mr. Chair, I appre- what I have before all of us is a com- new axle plant being built in the Mid- ciate the gentlewoman’s comments. monsense amendment. It simply says west, to General Motors and the won- Getting back to the amendment, I that the advanced technology vehicle derful work that they are doing at would remind the gentleman offering manufacturing loan program will con- Brook Park. One plant after another, the amendment, A, that this is not the tinue to exist, but there can be no addi- you can see the results of innovation tax committee, that any $10 tax on a tional loans. where the Department of Energy, barrel of oil would come out of the The reason that I do so is, when I working with the private sector, is Ways and Means Committee. I don’t came and offered this amendment last bringing the future to us every day. see that coming out of the Ways and The 21st Century Clean Transpor- year, I had a cutting amendment last Means Committee, but it is not in- tation Plan would scale up clean trans- year, but what was explained to me cluded in this bill. was that, if you cut the program, then portation research and development, The other thing that I would remind you wouldn’t have money to admin- critical for the clean transportation the gentleman of is there is no—I re- ister the existing loans that were out systems of the future. Did you know peat no—funding in this bill for the there. that in the internal combustion engine President’s 21st Century Clean Trans- So, as a result, I have altered this we still do not understand how fuel ac- portation Plan, the mandatory funding amendment so that it again leaves in tually burns? The Department of En- that was proposed by the administra- place the appropriation, which is more ergy is doing wonderful research to try tion. There is no funding in this bill for than $5 million, so that you could con- to help important companies like it; so, this amendment does nothing. It tinue to administer the existing loans Cummins Engine figure out how fuel is strikes no funding because there is no that are in place, but there would be no actually used in those engines to make funding in this bill. them more efficient. I thank the gentlewoman for yield- additional loans. We have to talk about reducing the ing. Now, why do I think that that is im- cost of batteries and developing low- Ms. KAPTUR. Mr. Chairman, I yield portant? I think it is important for a carbon fuels such as biofuels. We don’t back the balance of my time. couple different reasons. I think, from have all the answers. Industry alone Mr. GOSAR. Mr. Chairman, I want to a Democratic standpoint, what we doesn’t do it alone because some of this remind everybody that $20 billion of would say is that we all believe in is basic research. the estimated $32 billion each year for equality and that there shouldn’t be We also are involved in funding the this proposed program won’t go to subsidized loans for major corpora- development of regional low-carbon roads or bridges, but to these ineffi- tions, global corporations, here in the fueling infrastructure, including charg- cient programs. United States while your cousin’s pizza ing stations for electric vehicles for I guess we are going to the future. We business is struggling or your friend’s those people who choose to purchase are $19 trillion in debt and soon to be landscaping business is struggling. those and pumps for hydrogen fuel cell $22 trillion and $23 trillion and $24 tril- They don’t get subsidized loans. Why cars. Yes, we are inventing the future. lion in debt. Yes, I do understand, in should a big business? You know what? It feels pretty good. the Department of Energy’s fiscal year So, from a Democratic standpoint, I Finally, it would investigate future 2017 budget, the agency requested $1.3 think we would hold that belief. From mobility and intelligent transportation billion for this year and $11.3 billion a Republican standpoint, we would say systems like vehicle connectivity and over the next 10 years to fund the ad- we need to watch out for the taxpayer. self-driving cars. Last week the Motor ministration’s 21st Century Clean If you look at the default rate on & Equipment Manufacturers Associa- Transportation Plan. these loans, unfortunately, it has been tion was up here, and I went over to Now, while the budget request this relatively high. You would say: I don’t the northeastern part of the city, drove year happened to be mandatory, next know if government is in the best spot a Peterbilt truck with Bendix tech- year it could be discretionary. The to be making these kinds of loans to nology and with the automatic braking House has not taken action to date to businesses. systems that are just incredible in a reject the $10.25 tax on every barrel of I think that ultimately is the role vehicle that has a cubic ratio of about oil and to this fundamentally flawed not of government, but of business. Let 480 cubic inches to that engine. What program. them do what they do. I think from an incredible piece of engineering that My amendment rejects that tax in- both vantage points it is something is. crease and the Obama administration’s that makes sense. The Department of Energy is always new climate change transportation I would add just a couple of addi- driving us into the future, and that is program. tional thoughts and then I would yield. where we need to go. Our Nation has I urge adoption of this commonsense I would say, one, there have been always been a leader on innovation. To amendment. only five loans made since 2007. This is

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.162 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3247 not a huge program. This is a very lim- The Acting CHAIR. The gentlewoman sands and thousands of components ited program. is recognized for 5 minutes. that go into these vehicles, and the Two, two out of the five loans made Ms. KAPTUR. Mr. Chairman, I rise in fuel efficiency that makes them com- since 2007, in fact, have defaulted. That opposition to the gentleman’s amend- petitive in the marketplace of today. is a 40 percent default rate. I don’t ment. Any proposal to sunset the Ad- I oppose the gentleman’s amendment. think that that is the kind of thing vanced Technology Vehicle Manufac- Mr. Chairman, I yield back the bal- that we would like to see in govern- turing Program or limit the pipeline of ance of my time. ment. projects that may be eligible is short- Mr. SANFORD. Mr. Chair, I would There have been no loans made since sighted and should be rejected. agree with much of what my colleague 2011. And then the GAO came in March Why? First, the program is a critical said just a moment ago. I think that of 2013 and said the costs outweigh the one for the American automotive in- innovation is, indeed, the gateway to benefits of this program. dustry and has supported its resur- the future, but I would argue that They followed that up with another gence. They have issued more than $8 great innovation has been led by the GAO report in March of 2014 and said: billion in loans to date, and these loans private sector, not by loan guarantees We recommend shutting down the pro- have resulted in the manufacture of to major corporations. gram unless the Department of Energy more than 4 million fuel-efficient ad- You think about Steve Jobs and his can show real demand for the loans. vanced vehicles, supported approxi- partner opening up that business in ba- Then they followed that up with a mately 35,000 direct jobs across eight sically what amounted to the basement final GAO report in March of this year, States, including California, Illinois, of a house. That is not what we are and it said that there hadn’t been a Michigan, Missouri, Ohio, Kentucky, talking about here. I think some of the sufficient level of demand. New York, and Tennessee, and saved great innovations will come from small As a consequence, their words were more than 1.35 million gallons of gaso- businesses that don’t see this kind of this: Determining whether funds will line. Not too bad. financial advantage. be used is important, particularly in a The success has been achieved with Two, I would make the point that constrained fiscal environment. This losses of only approximately 2 percent this is not about just helping American Congress should rescind unused appro- of a total portfolio of $32 billion for the companies. One of the largest loans out priations or direct them to other gov- loan programs office. That is a lower there was to Mazda, which is not an ernment priorities. percent than most banks have on the American company. Ford is—that is I think the simple issue with this loans that they make. What we are one of the other big loans, but Mazda is loan program is that there could be talking about here is higher level re- not. other priorities where you take that $4 search, higher level investments in I would put this in the larger classi- billion of loan authority and let other technologies that are yet being born. fication of Reagan’s words: The closest parts of government use it or turn it Why else should we reject this thing to eternal life is a government back to the private sector and use that amendment? Instituting an arbitrary program. money much more effectively. and immediate deadline for applica- This is one of those government pro- Mr. Chair, I reserve the balance of tions to this program would result in grams that has not proved successful, my time. the Department losing billions of dol- and I think it is important that we Mr. SIMPSON. Mr. Chairman, I claim lars in loan authority itself. The pro- wean government programs. We prune the time in opposition, although I am gram currently has billions in loan re- them where they don’t make sense. not opposed to the amendment. quests in the pipeline from both auto- Forty percent is, in fact, the default The Acting CHAIR. Without objec- makers and component manufacturers rate. If you add up all the numbers, it tion, the gentleman from Idaho is rec- for projects in 10 States. amounts to 2 percent. But most people ognized for 5 minutes. Thirdly, capping the program of eli- when they think of default and what There was no objection. gible projects will hinder the Depart- the American Bankers Association Mr. SIMPSON. Mr. Chairman, I just ment’s ability to issue new loans to would think of when they think of de- want to state that I don’t want people support domestic manufacturing of ad- fault is divided by the number of loans who may be listening to this, other vanced vehicles especially at a time out there, what percent defaulted, and Members who may be listening to this, when we are asking the industry to that number happens to be a real 40 to get the impression that we are put- meet rising fuel economy standards. percent, not 2 percent of the aggregate ting money in here for the Loan Guar- It is really amazing what has been amount of the total loans out there. antee Program. done just in the last 15 years. When we b 2130 There is no money in the underlying look at some of the vehicles coming Finally, I would again go back to this bill for the ATVM additional new out now, we are seeing vehicles like the simple point. I agree with my col- loans. The only money in there is to Cruze, 33 miles a gallon. Some are leagues about what they have said on administer the existing loans. going up to 40, some to 50. It is really the need for innovation and for reform, I understand what the gentleman is amazing what has happened, the trans- but I don’t think it will be led through saying. I agree with the gentleman. I formation that is happening in this in- a loan program that has seen any num- just don’t want Members to think that dustry that we are living through di- ber of defaults in the process. That we are putting money into the program rectly. money could be redeployed to edu- I oppose the gentleman’s amendment when we are not. cation and a whole host of our primary I yield back the balance of my time. because I really do believe innovation needs in this country. Mr. SANFORD. Mr. Chair, I very, has always led us into the future. This Mr. Chairman, I yield back the bal- very much appreciate what the chair- is the kind of program that can provide ance of my time. man pointed out. Again, that is why I the capital necessary to expand our do- The Acting CHAIR. The question is think it is so important to simply cod- mestic manufacturing when so much of on the amendment offered by the gen- ify this notion that we won’t go for- it is being offshored. It is a major issue tleman from South Carolina (Mr. SAN- ward. in the Presidential election this year in FORD). The money is in there for administra- both political parties, how we are going The amendment was agreed to. tion of existing loans. It is just saying to restore manufacturing in this coun- AMENDMENT OFFERED BY MR. BUCK that we are not going to go out and ad- try. Mr. BUCK. Mr. Chairman, I have an minister new ones, given the other We have to do it through innovation. amendment at the desk. needs that exist within both the public We have to do it in sectors that are The Acting CHAIR. The Clerk will re- and the private sector for funds like muscle sectors like the automotive and port the amendment. this. truck industry that are so vital and The Clerk read as follows: Mr. Chair, I will reserve the balance produce real wealth for this country, At the end of the bill (before the short of my time. not imported wealth, but wealth that title), insert the following: Ms. KAPTUR. Mr. Chairman, I move we produce ourselves through all the SEC. ll. None of the funds made available to strike the last word. componentry, the thousands and thou- by this Act may be used to research, draft,

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.164 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3248 CONGRESSIONAL RECORD — HOUSE May 25, 2016 propose, or finalize the Notice of Proposed reaching regulation, and I support this ment, which I offer every year to our Rulemaking that was published by the De- amendment and recommend my col- spending bills, to cut 1 percent across partment of Energy on December 19, 2014, at leagues vote ‘‘yes.’’ the board. That would yield us $374 79 Fed. Reg. 76,142, titled, ‘‘Energy Conserva- Ms. KAPTUR. Mr. Chair, I claim the million in budget authority savings, tion Program: Energy Conservation Stand- time in opposition. ards for Residential Dishwashers’’, the No- and outlays savings of $222 million. tice of Proposed Rulemaking that was pub- The Acting CHAIR. The gentlewoman I know it doesn’t sound like a lot, but lished by the Department of Energy on Au- from Ohio is recognized for 5 minutes. it is simply taking one penny out of gust 13, 2015, at 80 Fed. Reg. 48,624, titled, Ms. KAPTUR. Mr. Chair, I oppose the every dollar that is appropriated. And ‘‘Energy Conservation Program: Energy Con- gentleman’s amendment. It is just one that, quite frankly, is the type of servation Standards for Ceiling Fan Light more instance where the majority is scrimping and saving that our con- Kits’’, or the Notice of Proposed Rulemaking saddling the consumer with ever-in- stituents and American families are that was published by the Department of En- creasing energy bills. We know how the having to do all across this country in ergy on August 19, 2015, at 80 Fed. Reg. 50,462, standards have really saved consumers order to make their budgets work. titled, ‘‘Energy Conservation Program: En- money over the years. I have some fig- I am fully aware of the strong opposi- ergy Conservation Standards for Refrig- tion that many have to making those 1 erated Bottled or Canned Vending Ma- ures here that are very interesting. chines’’. A typical household saves about $216 percent across-the-board cuts. As I a year off their energy bills now as a have offered these amendments, many Mr. BUCK (during the reading). Mr. result of renewed standards. As people times I am told that cuts of this mag- Chair, I ask unanimous consent to replace their appliances with newer nitude go far too deep, that they would waive the reading. be very damaging to our Nation’s secu- The Acting CHAIR. Is there objection models, they can expect to save more rity, but I kind of agree with Joint to the request of the gentleman from than $453 annually by 2030. The cumu- Chiefs of Staff Chairman MULLIN when Colorado? lative utility bill savings to consumers he said the greatest threat to our Na- There was no objection. from all standards in effect since 1987 The Acting CHAIR. Pursuant to are estimated to be nearly $1 trillion tion’s security is our Nation’s debt. I think we ought not to be putting fu- House Resolution 743, the gentleman by 2020 and grow to nearly $2 trillion ture generations at risk, and we should from Colorado and a Member opposed through 2030. be working toward reducing what our each will control 5 minutes. Invention does matter. And the appli- Federal outlays are every single year The Chair recognizes the gentleman cation of that to our daily life really and working toward balancing the from Colorado. matters. The efficiency standards have budget. It means yes, we have to go in Mr. BUCK. Mr. Chairman, this spurred innovation that dramatically and cut that penny out of a dollar and amendment returns choice to con- expanded options for consumers. It is save it for our children and our grand- sumers and keeps the price of products time to choose common sense over children to get this Nation back on the affordable. rigid ideology, and it is time to listen right track. The Department of Energy’s energy to the manufacturing companies, consumer groups, and efficiency advo- Mr. Chairman, I reserve the balance conservation program issues efficiency of my time. regulations for everyday appliances cates, who all agree this rider is harmful. Mr. SIMPSON. Mr. Chairman, I claim like dishwashers and vending ma- the time in opposition to the amend- chines. The rules are based on a cost- I urge all Members to vote ‘‘no’’ on the Buck amendment. ment. benefit analysis, but the analysis is The Acting CHAIR. The gentleman vague and skewed to the desired out- I yield back the balance of my time. Mr. BUCK. Mr. Chair, I yield back from Idaho is recognized for 5 minutes. come. Rather than improving the lives the balance of my time. Mr. SIMPSON. Mr. Chairman, I com- of consumers, these mandates drive up The Acting CHAIR. The question is mend the gentlewoman for her consist- the cost of appliances. on the amendment offered by the gen- ency. She always has these amend- To address the rising costs and the tleman from Colorado (Mr. BUCK). ments to cut 1 percent across the board crackdown on consumer choice, this The amendment was agreed to. out of the appropriations bills, and I amendment prohibits energy mandates AMENDMENT NO. 14 OFFERED BY MRS. appreciate her consistent work to pro- on residential dishwashers, ceiling fan BLACKBURN tect the taxpayer dollars, but this is an light kits, and vending machines. Indi- Mrs. BLACKBURN. Mr. Chairman, I approach that, frankly, I can’t support. viduals should have a choice of whether have an amendment at the desk. While the President may have pro- or not to buy these appliances. The Acting CHAIR. The Clerk will posed a budget that exceeds this bill, As consumer demand for efficiency designate the amendment. the increases were paid for with pro- increases, the market will find a way The text of the amendment is as fol- posals and gimmicks that would never to produce appliances that save more lows: be enacted. This bill makes the tough energy. This amendment stops the ad- At the end of the bill (before the short choices within an allocation that administration from implementing their title), insert the following: heres to current law. radical green energy agenda on the SEC. ll. Each amount made available by You may not agree with current law, backs of American families. this Act is hereby reduced by 1 percent. but it is the current law, and that is I urge a ‘‘yes’’ vote. The Acting CHAIR. Pursuant to what we had to go with. Since there Mr. Chairman, I yield 1 minute to the House Resolution 743, the gentlewoman wasn’t a budget resolution passed, gentleman from Idaho (Mr. SIMPSON). from Tennessee and a Member opposed what we ended up with is current law; Mr. SIMPSON. I thank the gen- each will control 5 minutes. and that is the allocation that we have, tleman for yielding. The Chair recognizes the gentle- and that is what we stayed within. Mr. Chairman, I rise in support of woman from Tennessee. I don’t think the Appropriations this amendment. My colleague’s Mrs. BLACKBURN. Mr. Chairman, I Committee gets enough credit over the amendment would prohibit the use of know that the committee has worked last several years for the work we have funds at the Department of Energy to hard to get a bill that is going to come been doing in reducing Federal spend- propose efficiency standards for ceiling into the numbers. Unfortunately, I dis- ing. fan light kits, residential dishwashers, agree with the $1.070 trillion number If you look at the total Federal budg- and vending machines. that is in the Bipartisan Budget Act. I et and the amount of discretionary Mr. Chairman, the law in question al- like the Budget Control Act’s number spending and mandatory spending, at lows for executive overreach by pre- of $1.040 trillion. one time it was about two-thirds dis- scribing what industry can and cannot A $30 billion difference doesn’t cretionary spending and one-third sell and what consumers can and can- sounds like a lot when you are talking mandatory spending 30 or 40 years ago. not buy. Industry has legitimate con- about trillions of dollars, but I tell Then, about 5 years ago, it was one- cerns about the government forcing a you, to my constituents, with $19 tril- third discretionary spending and two- wholesale change to a market for lion debt, it does make a difference. thirds mandatory spending. That is something as common as a dishwasher. The funding level of this bill is $37.444 Medicare, Medicaid, and Social Secu- This amendment reins back this over- billion. I will be offering an amend- rity entitlements.

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.083 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3249 Since we have taken control the last The Acting CHAIR. The Clerk will re- First, let me assure the gentleman 5 years, that one-third of the budget port the amendment. that I understand his concerns and ap- that is discretionary spending is about The Clerk read as follows: preciate his passion for protecting his 28 percent now. As it continues to go At the end of the bill (before the short constituents. I agree with him that, if down in relationship to the entire title), insert the following: the floodway is required to be operated budget, we cut discretionary spending SEC. ll. None of the funds made available in a major flood event, the levee should by this Act may be used by the Army Corps more and more. of Engineers to implement, administer, or be restored as soon as possible after the We have made difficult tradeoffs that enforce the last four words of subparagraph flood event. In fact, the committee re- had to be made in this bill to balance (B) of section 1341(a)(1) of title 31, United port on this bill makes that very point. it with our needs. We prioritize funding States Code, with respect to crevassing of Unfortunately, the amendment and for critical infrastructure and for our levees under the Birds Point–New Madrid the impacts of it are not clear. It is national defense. These tradeoffs were Floodway Operations Plan. possible that the amendment would ac- carefully weighed for their respective The Acting CHAIR. Pursuant to tually increase flood risks for other impacts and are responsible. Yet the House Resolution 743, the gentleman communities within the Mississippi gentlewoman’s amendment imposes an from Missouri and a Member opposed River and tributaries project area. across-the-board cut on every one of each will control 5 minutes. Without understanding the effects of these programs, even the national de- The Chair recognizes the gentleman the amendment, I must oppose it. fense programs, which are vitally im- from Missouri. Mr. BOST. Will the gentleman yield? portant. Mr. SMITH of Missouri. Mr. Chair- Mr. SIMPSON. I yield to the gen- This makes no distinction between man, in May of 2011, under the strong tleman from Illinois. where we need to be spending to invest objections of numerous folks in south- Mr. BOST. Mr. Chairman, I do stand in our infrastructure, promote jobs, east Missouri and my predecessor, the in opposition, reluctant opposition. I and meet our national security needs, Army Corps of Engineers activated the have a tremendous respect for the gen- like meeting the Ohio-class submarine Birds Point levee, which is the second tleman from Missouri. I understand dates so that we can get the Ohio-class time since 1937. This resulted in an ex- what he is trying to do, and that is submarine done, so that we can do the tensive amount of damage: over $156 that if the activation of the Birds refurbishment of our nuclear stockpile, million worth of damage and flooding Point levee does occur, that it should so that we can do the other things that of over 130,000 acres. In that place, be built back. are important on the national defense homes and communities were com- But when you read the language, the side of this budget. pletely destroyed and crops were lost. concern I have is that it would actually It makes no distinction between After the water receded, many resi- stop the activation of the levee in the those and where we need to limit dents simply chose not to ever return first place. spending to meet our deficit reduction home and back to their community. Understand, when these levees were goals. Therefore, I must oppose this These are individuals that lived there first built, there were certain key amendment and urge my colleagues to for numerous generations. One commu- points that were pressure release vote ‘‘no.’’ nity, a small town called Pinhook in valves. The Birds Point was one of I reserve the balance of my time. Mississippi County, right in the boot those. So as it rises, the Army Corps of Mrs. BLACKBURN. Mr. Chairman, heel, that no longer exists after the ac- Engineers has explained through a indeed, the Appropriations Committee tivation of that floodway. process of when to go in. And when we does deserve some credit. But also, The amendment that I have today is say crevasse, we mean we have to actu- passing the Budget Control Act with quite simple, Mr. Chairman. It says, ally put explosive charges into the the 2 percent across-the-board spending when an activation of the Birds Point levee to relieve the pressure so that reduction in discretionary spending de- levee occurs, we must build it back. other areas—this is the way the system serves some credit also, because it Not anything else other than if there is was built. It was designed by engineers shows the effectiveness of what those an activation, the government must to work this way originally. cuts can do. build it back. If they destroy a commu- The concern that we have is not with Governors use this, Democratic and nity by activating and blowing up a the fact that it should be built back, Republican alike. They do it because levee, they must build it back. The because I agree with the gentleman it their States have balanced budget amendment is extremely simple. should be built back. But the way the amendments, and they can’t crank up Had families in the Birds Point language actually reads, we are not the printing press and print the money. floodway had the assurance that a plan sure that it would actually stop the I would encourage my colleagues to was already in place, perhaps they Army Corps of Engineers from doing take a step toward fiscal responsi- would have chosen to return back to what it is that they are required by law bility, get inside and cut one more their home for generations. to do, and that is to use that pressure penny out of a dollar. We can do that When river levels rise, safety is al- release valve in times of emergency. on every appropriation that we have. ways the number one concern. But the It is true, we have only had to use it Mr. Chairman, I yield back the bal- Corps of Engineers should never, under twice since those systems have been ance of my time. any circumstances, breach a levee put in place. It is a sad thing when it Mr. SIMPSON. Mr. Chairman, I yield without already having in place plans occurs. It floods a tremendous amount back the balance of my time. for its restoration, allowing for resi- of crop land, and because it had not The Acting CHAIR. The question is dents to return to their lives as soon as been operated in so long, people had on the amendment offered by the gen- possible. built homes in there. Now, that was un- tlewoman from Tennessee (Mrs. BLACK- b 2145 fortunate that they built them in that BURN). I urge my colleagues to support my situation, but we cannot endanger all The question was taken; and the Act- amendment and give assurance to other areas for putting language like ing Chair announced that the noes ap- Americans who live in floodways that this forward. I am more than willing to peared to have it. their homes and livelihoods matter, work with the gentleman on trying to Mrs. BLACKBURN. Mr. Chairman, I and to remove any uncertainty that, make sure that this language is cor- demand a recorded vote. should the worst happen, their lives rect. We just couldn’t be able to do The Acting CHAIR. Pursuant to can return to normal. that at this time. clause 6 of rule XVIII, further pro- Mr. Chairman, I reserve the balance Mr. SIMPSON. Mr. Chairman, I yield ceedings on the amendment offered by of my time. back the balance of my time. the gentlewoman from Tennessee will Mr. SIMPSON. Mr. Chairman, I claim Mr. SMITH of Missouri. Mr. Chair- be postponed. the time in opposition. man, the language of the amendment is AMENDMENT OFFERED BY MR. SMITH OF The Acting CHAIR. The gentleman very clear, very clear. It does one sim- MISSOURI from Idaho is recognized for 5 minutes. ple thing. It means, if the activation of Mr. SMITH of Missouri. Mr. Chair- Mr. SIMPSON. Mr. Chairman, I rise this levee ever occurs, that the Federal man, I have an amendment at the desk. in opposition to the amendment. Government is obligated to rebuild it.

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.170 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3250 CONGRESSIONAL RECORD — HOUSE May 25, 2016 It is a limiting amendment that is My amendment is simple. My amend- amendment goes too far in reducing crystal clear. It provides that, if there ment would reduce unauthorized non- the strategic investments we need to is an activation, that the Federal Gov- defense accounts to the 2016 levels. My make in our future. ernment is obligated to build it back, amendment would also cut around $185 I, therefore, oppose this amendment, simple as it is, making sure the Fed- million and send that money to the and I urge Members to do the same. eral Government is responsible for its spending reduction account. Ms. KAPTUR. Will the gentleman actions. In a time when we, as a Nation, are yield? I ask the body to support the amend- approaching close to $20 trillion in Mr. SIMPSON. I yield to the gentle- ment. debt, we cannot continue to fund unau- woman from Ohio. Mr. Chairman, I yield back the bal- thorized accounts in our appropriations Ms. KAPTUR. Mr. Chairman, I thank ance of my time. process. This is a democratic Nation, the gentleman for yielding. The Acting CHAIR. The question is and the men and women send the Mem- I also oppose this amendment, which on the amendment offered by the gen- bers of this body, not to slip unauthor- will reduce jobs in our country and hurt the middle class. There will be tleman from Missouri (Mr. SMITH). ized programs in appropriations bills, The question was taken; and the Act- but to have an open discussion on our less investment in science, environ- ing Chair announced that the noes ap- funding priorities. mental cleanup, energy research and peared to have it. Furthermore, the inclusion of appro- development, all of which create the Mr. SMITH of Missouri. Mr. Chair- priations for these programs in the re- future in this country, and have sub- man, I demand a recorded vote. ported bill is a violation of stantial returns on investments. Since 2003, by the way, the United The Acting CHAIR. Pursuant to clause(2)(a)(1) of rule XXI of the rules States has spent $2.3 trillion on im- clause 6 of rule XVIII, further proof the House. porting foreign petroleum. This is a ceedings on the amendment offered by I applaud Representative TOM vast shift of wealth. That is the big the gentleman from Missouri will be MCCLINTOCK and Conference Chair shift of wealth, and thousands upon postponed. CATHY MCMORRIS RODGERS for their thousands of jobs from our country AMENDMENT OFFERED BY MR. WALKER significant work to raise awareness of the problem of unauthorized appropria- elsewhere. This amendment only exac- Mr. WALKER. Mr. Chairman, I have erbates this shift of wealth from the an amendment at the desk. tions and work towards a solution so that the House actually enforces its American middle class. The Acting CHAIR. The Clerk will re- The bill funds support in science and rules. port the amendment. R&D activities necessary for our com- This year’s Energy and Water appro- The Clerk read as follows: petitiveness. The world is becoming priations includes over $1 billion in ap- At the end of the bill (before the short more competitive, not less. Energy is propriations, and six more unauthor- title), insert the following: at the center of that. SEC. ll. (a) The amounts otherwise made ized programs that the House did pass I urge my colleagues to join me in available by this Act for the following ac- in the 2016 Energy and Water bill from opposing this amendment. counts of the Department of Energy are last year. Mr. SIMPSON. Mr. Chairman, I re- hereby reduced by the following amounts: If we want to fund a program, we (1) ‘‘Energy Efficiency and Renewable En- serve the balance of my time. should have an open debate and a Mr. WALKER. Mr. Chairman, I yield ergy’’, $400,000. transparent process that promotes (2) ‘‘Nuclear Energy’’, $25,455,000. to the gentlewoman from Wyoming (3) ‘‘Fossil Energy Research and Develop- trust and accountability. (Mrs. LUMMIS). ment’’, $13,000,000. Mr. Chairman, I reserve the balance Mrs. LUMMIS. Mr. Chairman, I (4) ‘‘Strategic Petroleum Reserve’’, of my time. thank the gentleman from North Caro- $45,000,000. Mr. SIMPSON. Mr. Chairman, I claim lina. (5) ‘‘Non-Defense Environmental Cleanup’’, the time in opposition. Scientific research is an important $2,400,000. The Acting CHAIR. The gentleman province of the Federal Government, (6) ‘‘Science’’, $49,800,000. from Idaho is recognized for 5 minutes. and normally I support it; but I support (7) ‘‘Advanced Research Projects Agency- Mr. SIMPSON. Mr. Chairman, I rise Energy’’, $14,889,000. it if it has been authorized. to oppose this amendment. My col- The programs the gentleman from (b) The amounts otherwise made available league’s amendment would reduce mul- by this Act for the following accounts are North Carolina has identified have not hereby reduced by the following amounts: tiple accounts in the bill. been authorized. Therefore, it is appro- (1) ‘‘Power Marketing Administrations— This year, the committee continues priate that the gentleman from North Construction, Rehabilitation, Operation and its responsibility to effectively manage Carolina be supported in his amend- Maintenance, Western Area Power Adminis- government spending, and we have ment to just reduce them to the tration’’, $2,209,000. worked tirelessly to that end. For ex- amount that gets us to flat funding. (2) ‘‘Nuclear Regulatory Commission—Sal- ample, the nuclear and fossil programs Flat funding is a reasonable request for aries and Expenses’’, $32,132,000. see modest increases in the bill to con- programs that are not authorized. Mr. WALKER (during the reading). tinue our commitment for an all-of- Let’s get those programs reauthor- Mr. Chair, I ask unanimous consent to the-above energy strategy. ized, if that is what the American peo- suspend the reading of the amendment. Basic research conducted by the Of- ple want, and the Congress wants, and The Acting CHAIR. Is there objection fice of Science is increased by less than let’s do it in a way that makes sure to the request of the gentleman from 1 percent, to support research and oper- these programs are authorized in a way North Carolina? ation efforts to advance research and that recognizes 21st century priority. There was no objection. development through university part- That should happen at the author- The Acting CHAIR. Pursuant to nerships and at the Nation’s national izing committee level. If it doesn’t hap- House Resolution 743, the gentleman laboratory system. pen at the authorizing committee from North Carolina and a Member op- Programs to clean up the legacy of level, a couple of things are wrong: ei- posed each will control 5 minutes. the Manhattan Project and nuclear re- ther the authorizing committee doesn’t The Chair recognizes the gentleman search also see minor increases in have its hands on the steering wheel, from North Carolina. order to provide cleanup progress at or the authorizing committee thinks Mr. WALKER. Mr. Chairman, this sites across the country. These are tar- there needs to be changes that cannot bill includes over $9 billion in appro- geted funds to produce needed invest- be accomplished if the appropriators priations for 22 nondefense programs ments to efficiently and safely utilize keep increasing the funding. that are not authorized by law. Nine of our natural resources, maintain the The incentive for the authorizing these programs receive a total of $185 Nation’s basic research infrastructure committee comes when these programs million more than their enacted 2016 in the physical sciences, and continue are flat-funded. We should not be fund- level. Several of these programs have the cleanup of Department of Energy ing programs with increases that are not been authorized since the 1980s, and legacy programs. no longer authorized. one has never been authorized by Con- I understand my colleague’s desire to This is a problem throughout govern- gress. reduce the size of government, but this ment. It is a way to save money in a

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.173 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3251 government that is $19 trillion in debt, thorizations for any of the programs. I listened to this debate in the Sen- and I applaud the gentleman from The whole State Department is unau- ate, and people said: Well, we have to North Carolina for his conscientious, thorized. spend U.S. tax dollars on getting heavy careful, thoughtful, reasoned amend- Where is the reauthorization? water; otherwise, Iran is going to sell ment. What do you want us to do? it to North Korea. But understand, it is Mr. WALKER. Mr. Chairman, my We would eliminate about two-thirds already against international law to amendment is simple. It simply rolls of the Federal Government. Now, some ship heavy water to North Korea. So if back or reduces unauthorized non- people might like that. But we would Iran were to decide to do that and vio- defense accounts to the 2016 levels. eliminate about two-thirds of the Fed- late those sanctions, we have a way Mr. Chairman, I yield back the bal- eral Government if we just said we are bigger policy issue than simply heavy ance of my time. not going to fund any of the Federal water purchases, and it would call into Mr. SIMPSON. Mr. Chairman, how programs. question the entire Iran deal. much time do I have remaining? So, I mean, it is a debate that goes So instead of suppressing illicit nu- The Acting CHAIR. The gentleman on. clear proliferation among rogue na- from Idaho has 3 minutes remaining. I agree with Congressman MCCLIN- tions, continuing purchases of Iranian Mr. SIMPSON. Mr. Chairman, let me TOCK. We have to find a way around heavy water would subsidize Iran’s nu- respond and tell the story again. We this. We have to find a way to address clear program and allow them to main- have already gone through this once the reauthorization issue without tain the threshold capacity to make a tonight about authorizations. I don’t screwing up the whole appropriation dash for nuclear breakout. think we should fund any program that process. If we want to take heavy water, then isn’t authorized. I don’t think we b 2200 we can take it, but we should not sub- should flat-fund it. I don’t think we sidize Iran’s nuclear program. should fund it. But that is, unfortu- I think we can do that if reasonable Mr. Chairman, I urge adoption of the nately, what the Appropriations Com- people sit down and try to find a way amendment, and I reserve the balance mittee ends up doing because the au- around this. I actually think that of my time. thorizing committees aren’t doing every committee chairman ought to sit Ms. KAPTUR. Mr. Chairman, I rise in their dang job. They are not getting down with leadership at the start of a opposition to the amendment. out and reauthorizing the programs. session and say: This is my 5-year plan, The Acting CHAIR. The gentlewoman One year—and I will tell the story and these are all of the programs that from Ohio is recognized for 5 minutes. again. I will tell it again and again, I are unauthorized under my jurisdic- Ms. KAPTUR. Mr. Chairman, I op- suspect, as we go through all of this— tion. This is my 5-year plan to get pose the gentleman’s amendment. when I was chairman of the Interior them reauthorized. Really, this provision doesn’t belong on Committee, because the Endangered They ought to follow through on that this appropriations bill. It is an issue Species Act at that time had not been work plan. best considered by the Foreign Affairs reauthorized for 23 years, 23 years, I Mr. Chairman, I oppose the amend- Committee. took all funding for listing of endan- ment. This amendment would prevent the gered species and designation of crit- I yield back the balance of my time. Department from spending any fiscal 17 ical habitat out of the bill, zero funded The Acting CHAIR. The question is funds to purchase heavy water pro- it. on the amendment offered by the gen- duced in Iran and would undermine the We brought the bill to the floor. The tleman from North Carolina (Mr. Iran deal. biggest supporter of my bill and oppo- WALKER). This transaction provides the United nent to the amendment to put funding The question was taken; and the Act- States industry with a critical product in it for those purposes was the chair- ing Chair announced that the noes ap- while enabling Iran to sell some of its man of the Resources Committee. It is peared to have it. excess heavy water as contemplated in the Resources Committee’s responsi- Mr. WALKER. Mr. Chairman, I de- the agreement and further ensuring bility to reauthorize the Endangered mand a recorded vote. that this product will not be used to Species Act. But he supported my The Acting CHAIR. Pursuant to develop a nuclear weapon, which is the amendment. clause 6 of rule XVIII, further pro- objective that we all sought when we And after all of that, guess what? ceedings on the amendment offered by supported the agreement. Heavy water They still haven’t reauthorized the En- the gentleman from North Carolina is needed here in our country. We dangered Species Act. will be postponed. stopped producing it in 1988 and now Mrs. LUMMIS. Will the gentleman AMENDMENT OFFERED BY MR. DESANTIS buy what we need from India and other yield? Mr. DESANTIS. Mr. Chair, I have an countries. Mr. SIMPSON. I yield to the gentle- amendment at the desk. A portion of this heavy water will be woman from Wyoming. The Acting CHAIR. The Clerk will re- used at the Spallation Neutron Source Mrs. LUMMIS. This year, the Land port the amendment. at Oak Ridge National Laboratory and and Water Conservation Fund expired The Clerk read as follows: by manufacturers for fiberoptic cable, in its authorization on September 30. At the end of the bill (before the short MRI machines, and semiconductors. In October, we began reauthorizing the title), insert the following: Most importantly, U.S. purchase of Land and Water Conservation Fund Sec. ll. None of the finds made available this heavy water prevents Iran from and reforming it to get it back to its by this Act may be used to purchase heavy selling it to those who would choose to original intent. And before we could water from Iran. use it for the wrong reasons. complete the process, the appropriators The Acting CHAIR. Pursuant to Mr. Chairman, as I have stated, I ob- increased funding and reauthorized it House Resolution 743, the gentleman ject to this amendment as proposed. I for 3 years. from Florida and a Member opposed urge my colleagues to vote ‘‘no’’ on the We can’t get the reforms we need each will control 5 minutes. DeSantis amendment. when appropriators continue to appro- The Chair recognizes the gentleman I yield back the balance of my time. priate. The burden should be on the au- from Florida. Mr. DESANTIS. It is interesting, Mr. thorizers. Mr. DESANTIS. Mr. Chairman, to be Chair, people talk about the Iran deal, Mr. SIMPSON. Yes, I agree with the clear, the JCPOA requires Iran to cap and what the administration has really gentlewoman. The burden should be on its stockpile of heavy water. It does been doing is they have even gone be- the authorizers, and they should do not require the U.S. to subsidize or to yond the concessions that are in the their job, and they should reauthorize purchase that heavy water. Iran deal. the program. This is a simple funding limitation If you look at getting access now to I still haven’t seen the reauthoriza- amendment to an appropriations bill. dollarized transactions, they said they tion for the Land and Water Conserva- It is similar to language used through- weren’t going to have access to the tion Fund. That was last year. I still out the bill. It is a matter clearly re- American financial system, but effec- haven’t seen it. I haven’t seen the reau- lated to the use of appropriated funds. tively, Iran is going to have indirect

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.176 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3252 CONGRESSIONAL RECORD — HOUSE May 25, 2016 access to the American dollar. That [Roll No. 251] Kennedy Moore Scott, David Kildee Moulton Serrano was never called for by the Iran deal. AYES—158 Kilmer Murphy (FL) Sewell (AL) That is a concession. Nor does the deal Abraham Graves (MO) Perry Kind Nadler Sherman require us to spend American taxpayer Amash Griffith Pittenger King (NY) Napolitano Shimkus funds to essentially inject into the Ira- Babin Grothman Pitts Kinzinger (IL) Neal Shuster Kirkpatrick Newhouse Simpson nian regime and subsidize the nuclear Barr Guinta Poe (TX) Barton Guthrie Pompeo Kline Nolan Sinema program. Benishek Harper Posey Kuster Norcross Sires So, Mr. Chair, I think it is a good Bilirakis Harris Price, Tom Lance Nugent Slaughter amendment. I think our Members Bishop (MI) Hartzler Ratcliffe Langevin Nunes Smith (NJ) Bishop (UT) Hensarling Ribble Larsen (WA) Palazzo Smith (WA) should vote for it. Black Hill Rice (SC) Larson (CT) Pallone Speier I yield back the balance of time. Blackburn Holding Roby Lawrence Pascrell Stefanik The Acting CHAIR. The question is Blum Hudson Roe (TN) Lee Paulsen Stivers on the amendment offered by the gen- Bost Huelskamp Rohrabacher Levin Payne Swalwell (CA) Brady (TX) Huizenga (MI) Rokita Lewis Pelosi Takano tleman from Florida (Mr. DESANTIS). Brat Hultgren Rooney (FL) Lieu, Ted Perlmutter Thompson (CA) The question was taken; and the Act- Bridenstine Hunter Roskam Lipinski Peters Thompson (MS) ing Chair announced that the ayes ap- Brooks (AL) Hurt (VA) Ross LoBiondo Peterson Thompson (PA) Loebsack Pingree Tiberi peared to have it. Brooks (IN) Issa Rothfus Buck Johnson, Sam Rouzer Lofgren Pocan Titus Mr. GOSAR. Mr. Chairman, I demand Burgess Jones Royce Long Poliquin Tonko a recorded vote. Byrne Jordan Russell Loudermilk Polis Torres The Acting CHAIR. Pursuant to Carter (TX) Kelly (MS) Salmon Lowenthal Price (NC) Trott Chabot King (IA) Sanford Lowey Quigley Tsongas clause 6 of rule XVIII, further pro- Chaffetz Knight Scalise Lucas Rangel Turner ceedings on the amendment offered by Clawson (FL) Labrador Schweikert Lujan Grisham Reed Upton the gentleman from Florida will be Coffman LaHood Scott, Austin (NM) Reichert Valadao Luja´ n, Ben Ray Renacci Van Hollen postponed. Comstock LaMalfa Sensenbrenner Cook Latta Sessions (NM) Richmond Vargas ANNOUNCEMENT BY THE ACTING CHAIR Cramer Love Smith (MO) Lynch Rigell Veasey The Acting CHAIR. Pursuant to Crawford Luetkemeyer Smith (NE) MacArthur Rogers (AL) Vela Culberson Lummis Smith (TX) Maloney, Rogers (KY) Vela´ zquez clause 6 of rule XVIII, proceedings will Denham Marchant Stewart Carolyn Ros-Lehtinen Visclosky now resume on those amendments on DeSantis Marino Stutzman Maloney, Sean Roybal-Allard Walden which further proceedings were post- DesJarlais Massie Thornberry Matsui Ruiz Walz McCollum Ruppersberger Wasserman poned, in the following order: Duncan (SC) McCarthy Tipton Duncan (TN) McCaul Wagner McDermott Rush Schultz Amendment by Mr. WEBER of Texas. Ellmers (NC) McClintock Walberg McGovern Ryan (OH) Waters, Maxine Amendment by Mr. ELLISON of Min- Emmer (MN) McHenry Walker McKinley Sa´ nchez, Linda Watson Coleman nesota. Farenthold McMorris Walorski McNerney T. Welch Fleischmann Rodgers Walters, Mimi McSally Sanchez, Loretta Wenstrup Amendment No. 1 by Mr. FARR of Fleming Meadows Weber (TX) Meehan Sarbanes Whitfield California. Flores Messer Webster (FL) Meeks Schakowsky Williams Amendment by Mr. GARAMENDI of Forbes Miller (FL) Westerman Meng Schiff Wilson (FL) Mica Schrader Young (AK) California. Foxx Moolenaar Westmoreland Franks (AZ) Mooney (WV) Wilson (SC) Miller (MI) Scott (VA) Zeldin Amendment No. 34 by Mr. PITTENGER Garrett Mullin Wittman NOT VOTING—15 of North Carolina. Gibbs Mulvaney Womack ´ Amendment by Mr. GOSAR of Ari- Gohmert Murphy (PA) Woodall Cardenas Granger Lamborn Goodlatte Neugebauer Yoder Castro (TX) Hanna O’Rourke zona. Gosar Noem Yoho Duffy Herrera Beutler Rice (NY) Amendment by Mr. FOSTER of Illi- Gowdy Olson Young (IA) Fattah Honda Takai nois. Graves (GA) Palmer Young (IN) Fincher Jenkins (KS) Yarmuth Amendment by Mr. SEAN PATRICK Graves (LA) Pearce Zinke b 2228 MALONEY of New York, as amended. NOES—260 Amendment by Mr. BYRNE of Ala- Adams Cole Fortenberry Ms. TSONGAS, Messrs. POLIS, bama. Aderholt Collins (GA) Foster AGUILAR, Ms. PELOSI, Messrs. Amendment No. 14 by Mrs. BLACK- Aguilar Collins (NY) Frankel (FL) LOUDERMILK, and VELA changed BURN of Tennessee. Allen Conaway Frelinghuysen their vote from ‘‘aye’’ to ‘‘no.’’ Amodei Connolly Fudge Amendment by Mr. SMITH of Mis- Ashford Conyers Gabbard Messrs. BILIRAKIS, WALBERG, souri. Barletta Cooper Gallego GIBBS, FLEISCHMANN, LABRADOR, Amendment by Mr. WALKER of North Bass Costa Garamendi Mrs. ROBY, and Mr. BOST changed Beatty Costello (PA) Gibson Carolina. Becerra Courtney Graham their vote from ‘‘no’’ to ‘‘aye.’’ Amendment by Mr. DESANTIS of Flor- Bera Crenshaw Grayson So the amendment was rejected. ida. Beyer Crowley Green, Al The result of the vote was announced The Chair will reduce to 2 minutes Bishop (GA) Cuellar Green, Gene as above recorded. Blumenauer Cummings Grijalva the time for any electronic vote after Bonamici Curbelo (FL) Gutie´rrez AMENDMENT OFFERED BY MR. ELLISON the first vote in this series. Boustany Davis (CA) Hahn The Acting CHAIR (Ms. FOXX). The Boyle, Brendan Davis, Danny Hardy AMENDMENT OFFERED BY MR. WEBER OF TEXAS F. Davis, Rodney Hastings unfinished business is the demand for a The Acting CHAIR. The unfinished Brady (PA) DeFazio Heck (NV) recorded vote on the amendment of- business is the demand for a recorded Brown (FL) DeGette Heck (WA) fered by the gentleman from Minnesota vote on the amendment offered by the Brownley (CA) Delaney Hice, Jody B. (Mr. ELLISON) on which further pro- Buchanan DeLauro Higgins gentleman from Texas (Mr. WEBER) on Bucshon DelBene Himes ceedings were postponed and on which which further proceedings were post- Bustos Dent Hinojosa the noes prevailed by voice vote. poned and on which the noes prevailed Butterfield DeSaulnier Hoyer The Clerk will redesignate the Calvert Deutch Huffman by voice vote. Capps Diaz-Balart Hurd (TX) amendment. The Clerk will redesignate the Capuano Dingell Israel The Clerk redesignated the amend- amendment. Carney Doggett Jackson Lee ment. The Clerk redesignated the amend- Carson (IN) Dold Jeffries Carter (GA) Donovan Jenkins (WV) RECORDED VOTE ment. Cartwright Doyle, Michael Johnson (GA) The Acting CHAIR. A recorded vote RECORDED VOTE Castor (FL) F. Johnson (OH) has been demanded. Chu, Judy Duckworth Johnson, E. B. The Acting CHAIR. A recorded vote Cicilline Edwards Jolly A recorded vote was ordered. has been demanded. Clark (MA) Ellison Joyce The Acting CHAIR. This will be a 2- A recorded vote was ordered. Clarke (NY) Engel Kaptur minute vote. The vote was taken by electronic de- Clay Eshoo Katko The vote was taken by electronic de- Cleaver Esty Keating vice, and there were—ayes 158, noes 260, Clyburn Farr Kelly (IL) vice, and there were—ayes 174, noes 245, not voting 15, as follows: Cohen Fitzpatrick Kelly (PA) not voting 14, as follows:

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.179 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3253 [Roll No. 252] Hultgren Miller (MI) Scalise Bustos Guinta Pallone Hurd (TX) Moolenaar Schrader Butterfield Gutie´rrez Pascrell AYES—174 Hurt (VA) Mooney (WV) Schweikert Capps Hahn Payne Adams Gallego Napolitano Issa Mullin Scott, Austin Capuano Hastings Pelosi Ashford Garamendi Neal Jenkins (WV) Mulvaney Sensenbrenner Carney Heck (WA) Perlmutter Bass Graham Nolan Johnson (OH) Murphy (FL) Sessions Carson (IN) Higgins Peters Beatty Grayson Norcross Johnson, Sam Murphy (PA) Shimkus Cartwright Himes Peterson Jolly Neugebauer Shuster Becerra Green, Al Pallone Castor (FL) Hinojosa Pingree Jones Newhouse Simpson Chu, Judy Honda Bera Green, Gene Pascrell Pocan Jordan Noem Smith (MO) Cicilline Hoyer Beyer Grijalva Payne Poliquin Joyce Nugent Smith (NE) Clark (MA) Huffman Bishop (GA) Gutie´rrez Pelosi Polis Blumenauer Hahn Katko Nunes Smith (NJ) Clarke (NY) Israel Price (NC) Perlmutter Keating Olson Smith (TX) Clawson (FL) Jackson Lee Bonamici Hastings Peters Quigley Boyle, Brendan Heck (WA) Kelly (MS) Palazzo Stefanik Clay Jeffries Peterson Rangel F. Higgins Kelly (PA) Palmer Stewart Cleaver Johnson (GA) Richmond Pingree King (IA) Brady (PA) Hinojosa Paulsen Stivers Clyburn Johnson, E. B. Roybal-Allard Pocan King (NY) Pearce Stutzman Brown (FL) Honda Cohen Kaptur Ruiz Price (NC) Kinzinger (IL) Perry Thompson (PA) Connolly Kelly (IL) Brownley (CA) Hoyer Ruppersberger Quigley Kline Pittenger Thornberry Conyers Kennedy Bustos Huffman Rush Rangel Knight Pitts Tiberi Cooper Kildee Butterfield Hunter Ryan (OH) Richmond Labrador Poe (TX) Tipton Costa Kilmer Capps Israel Sa´ nchez, Linda Roybal-Allard LaHood Poliquin Trott Costello (PA) Kind Capuano Jackson Lee T. Ruiz LaMalfa Polis Turner Courtney Kirkpatrick Carney Jeffries Sanchez, Loretta Ruppersberger Lance Pompeo Upton Crowley Kuster Carson (IN) Johnson (GA) Sarbanes Rush Latta Posey Valadao Cuellar Langevin Cartwright Johnson, E. B. Schakowsky LoBiondo Price, Tom Wagner Cummings Larsen (WA) Castor (FL) Kaptur Ryan (OH) Schiff ´ Long Ratcliffe Walberg Davis (CA) Larson (CT) Chu, Judy Kelly (IL) Sanchez, Linda Schrader Cicilline Kennedy T. Loudermilk Reed Walden Davis, Danny Lawrence Love Reichert Walker DeFazio Lee Scott (VA) Clark (MA) Kildee Sanchez, Loretta Scott, David Clarke (NY) Kilmer Sarbanes Lucas Renacci Walorski DeGette Levin Luetkemeyer Ribble Walters, Mimi Delaney Lewis Serrano Clay Kind Schakowsky Sewell (AL) Cleaver Kirkpatrick Schiff Lummis Rice (SC) Weber (TX) DeLauro Lieu, Ted MacArthur Rigell Webster (FL) DelBene Lipinski Sherman Clyburn Kuster Scott (VA) Sinema Cohen Langevin Marchant Roby Wenstrup DeSaulnier Loebsack Scott, David Sires Connolly Larsen (WA) Marino Roe (TN) Westerman Deutch Lofgren Serrano Slaughter Conyers Larson (CT) Massie Rogers (AL) Westmoreland Dingell Lowenthal Sewell (AL) Smith (WA) Costa Lawrence McCarthy Rogers (KY) Whitfield Doggett Lowey Sherman Speier Courtney Lee McCaul Rohrabacher Williams Dold Lujan Grisham Sinema Stefanik Crowley Levin McClintock Rokita Wilson (SC) Doyle, Michael (NM) Sires Swalwell (CA) Cuellar Lewis McHenry Rooney (FL) Wittman F. Luja´ n, Ben Ray Slaughter Takano Cummings Lieu, Ted McKinley Ros-Lehtinen Womack Duckworth (NM) Smith (WA) Thompson (CA) Davis (CA) Lipinski McMorris Roskam Woodall Edwards Lynch Speier Thompson (MS) Davis, Danny Loebsack Rodgers Ross Yoder Ellison Maloney, Swalwell (CA) Titus DeFazio Lofgren McSally Rothfus Yoho Engel Carolyn Takano Tonko DeGette Lowenthal Meadows Rouzer Young (AK) Eshoo Maloney, Sean Thompson (CA) Delaney Lowey Meehan Royce Young (IA) Esty Matsui Torres Thompson (MS) DeLauro Lujan Grisham Messer Russell Young (IN) Farr McCollum Tsongas DelBene (NM) Titus Mica Salmon Zeldin Fortenberry McDermott Van Hollen DeSaulnier Luja´ n, Ben Ray Tonko Miller (FL) Sanford Zinke Foster McGovern Vargas Torres Frankel (FL) McNerney Veasey Deutch (NM) NOT VOTING—14 Dingell Lynch Tsongas Fudge Meeks Vela ´ Doggett Maloney, Van Hollen Ca´ rdenas Granger O’Rourke Gabbard Meng Velazquez Doyle, Michael Carolyn Vargas Castro (TX) Hanna Rice (NY) Gallego Moore Visclosky F. Maloney, Sean Veasey Duffy Herrera Beutler Takai Garamendi Moulton Walz Duckworth Matsui Vela Fattah Jenkins (KS) Yarmuth Gibson Murphy (FL) Wasserman Edwards McCollum Vela´ zquez Fincher Lamborn Graham Nadler Schultz Ellison McDermott Visclosky Grayson Napolitano Waters, Maxine Engel McGovern Walz b 2233 Green, Al Neal Watson Coleman Eshoo McNerney Wasserman Green, Gene Nolan Welch Esty Meeks Schultz So the amendment was rejected. Grijalva Norcross Wilson (FL) Farr Meng Waters, Maxine The result of the vote was announced Frankel (FL) Moore Watson Coleman NOES—228 Fudge Welch as above recorded. Moulton Abraham Conaway Grothman Gabbard AMENDMENT NO 1 OFFERED BY MR FARR Nadler Wilson (FL) . . Aderholt Cook Guthrie The Acting CHAIR. The unfinished Allen Cramer Hardy NOES—245 business is the demand for a recorded Amash Crawford Harper Abraham Chaffetz Forbes Amodei Crenshaw Harris Aderholt Clawson (FL) Fortenberry vote on the amendment offered by the Babin Culberson Hartzler Aguilar Coffman Foster gentleman from California (Mr. FARR) Barletta Curbelo (FL) Heck (NV) Allen Cole Foxx on which further proceedings were Barr Davis, Rodney Hensarling Amash Collins (GA) Franks (AZ) postponed and on which the noes pre- Barton Denham Hice, Jody B. Amodei Collins (NY) Frelinghuysen Benishek Dent Hill Babin Comstock Garrett vailed by voice vote. Bilirakis DeSantis Holding Barletta Conaway Gibbs The Clerk will redesignate the Bishop (MI) DesJarlais Hudson Barr Cook Gibson amendment. Bishop (UT) Diaz-Balart Huelskamp Barton Cooper Gohmert Black Donovan Huizenga (MI) Benishek Costello (PA) Goodlatte The Clerk redesignated the amend- Blackburn Duncan (SC) Hultgren Bilirakis Cramer Gosar ment. Blum Duncan (TN) Hunter Bishop (MI) Crawford Gowdy RECORDED VOTE Bost Ellmers (NC) Hurd (TX) Bishop (UT) Crenshaw Graves (GA) Boustany Emmer (MN) Hurt (VA) Black Culberson Graves (LA) The Acting CHAIR. A recorded vote Brady (TX) Farenthold Issa Blackburn Curbelo (FL) Graves (MO) has been demanded. Brat Fitzpatrick Jenkins (WV) Blum Davis, Rodney Griffith A recorded vote was ordered. Bridenstine Fleischmann Johnson (OH) Bost Denham Grothman Brooks (AL) Fleming Johnson, Sam Boustany Dent Guinta The Acting CHAIR. This will be a 2- Brooks (IN) Flores Jolly Brady (TX) DeSantis Guthrie minute vote. Buck Forbes Jones Brat DesJarlais Hardy The vote was taken by electronic de- Bucshon Foxx Jordan Bridenstine Diaz-Balart Harper vice, and there were—ayes 189, noes 228, Burgess Franks (AZ) Joyce Brooks (AL) Dold Harris Byrne Frelinghuysen Katko Brooks (IN) Donovan Hartzler not voting 16, as follows: Calvert Garrett Kelly (MS) Buchanan Duncan (SC) Heck (NV) [Roll No. 253] Carter (GA) Gibbs Kelly (PA) Buck Duncan (TN) Hensarling Carter (TX) Gohmert King (IA) Bucshon Ellmers (NC) Hice, Jody B. AYES—189 Chabot Goodlatte King (NY) Burgess Emmer (MN) Hill Adams Bera Boyle, Brendan Chaffetz Gosar Kinzinger (IL) Byrne Farenthold Himes Aguilar Beyer F. Coffman Gowdy Kline Calvert Fitzpatrick Holding Ashford Bishop (GA) Brady (PA) Cole Graves (GA) Knight Carter (GA) Fleischmann Hudson Bass Blumenauer Brown (FL) Collins (GA) Graves (LA) Labrador Carter (TX) Fleming Huelskamp Beatty Bonamici Brownley (CA) Collins (NY) Graves (MO) LaHood Chabot Flores Huizenga (MI) Becerra Buchanan Comstock Griffith LaMalfa

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.088 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3254 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Lance Pearce Smith (NE) Farr Lowenthal Sa´ nchez, Linda Payne Roybal-Allard Tiberi Latta Perry Smith (NJ) Foster Lynch T. Pearce Royce Tipton LoBiondo Pittenger Smith (TX) Frankel (FL) Maloney, Sanchez, Loretta Pelosi Ruiz Torres Long Pitts Stewart Gallego Carolyn Sarbanes Perry Russell Trott Loudermilk Poe (TX) Stivers Garamendi Maloney, Sean Schakowsky Peterson Salmon Turner Love Pompeo Stutzman Grayson Matsui Schrader Pittenger Sanford Upton Lucas Posey Thompson (PA) Green, Al McCollum Scott (VA) Pitts Scalise Valadao Luetkemeyer Price, Tom Thornberry Grijalva McDermott Sherman Poe (TX) Schiff Visclosky Lummis Ratcliffe ´ Poliquin Schweikert Wagner Tiberi Gutierrez McGovern Slaughter MacArthur Reed Hahn Meng Pompeo Scott, Austin Walberg Tipton Smith (WA) Marchant Reichert Hastings Moore Posey Scott, David Walden Trott Speier Marino Renacci Heck (WA) Moulton Price, Tom Sensenbrenner Walker Massie Ribble Turner Hinojosa Murphy (FL) Takano Rangel Serrano Walorski McCarthy Rice (SC) Upton Honda Nadler Thompson (CA) Ratcliffe Sessions Walters, Mimi McCaul Rigell Valadao Huffman Napolitano Titus Reed Sewell (AL) Weber (TX) McClintock Roby Wagner Jackson Lee Neal Tonko Reichert Shimkus Webster (FL) McHenry Roe (TN) Walberg Keating Nolan Tsongas Renacci Shuster Wenstrup McKinley Rogers (AL) Walden Kelly (IL) Pallone Van Hollen Ribble Simpson Westerman McMorris Rogers (KY) Walker Kennedy Pascrell Vargas Rice (SC) Sinema Westmoreland Rodgers Rohrabacher Walorski Kildee Perlmutter Veasey Rigell Sires Whitfield McSally Rokita Walters, Mimi Kilmer Peters Vela Roby Smith (MO) Williams Meadows Rooney (FL) Weber (TX) Kind Pingree Vela´ zquez Roe (TN) Smith (NE) Wilson (SC) Messer Ros-Lehtinen Webster (FL) Kuster Pocan Walz Rogers (AL) Smith (NJ) Wittman Mica Roskam Wenstrup Larsen (WA) Polis Wasserman Rogers (KY) Smith (TX) Womack Miller (FL) Ross Westerman Lawrence Price (NC) Schultz Rohrabacher Stefanik Woodall Miller (MI) Rothfus Westmoreland Lee Quigley Waters, Maxine Rokita Stewart Yoder Moolenaar Rouzer Whitfield Levin Richmond Watson Coleman Rooney (FL) Stivers Yoho Mooney (WV) Royce Lieu, Ted Ros-Lehtinen Stutzman Young (AK) Williams Ruppersberger Welch Mullin Russell Loebsack Rush Roskam Swalwell (CA) Young (IA) Wilson (SC) Wilson (FL) Mulvaney Salmon Lofgren Ryan (OH) Ross Thompson (MS) Young (IN) Murphy (PA) Sanford Wittman Rothfus Thompson (PA) Zeldin Womack Neugebauer Scalise NOES—293 Rouzer Thornberry Zinke Newhouse Schweikert Woodall Noem Scott, Austin Yoder Abraham Diaz-Balart Joyce NOT VOTING—14 Aderholt Nugent Sensenbrenner Yoho Dingell Kaptur Ca´ rdenas Granger O’Rourke Allen Dold Katko Nunes Sessions Young (AK) Castro (TX) Hanna Rice (NY) Amash Donovan Kelly (MS) Olson Shimkus Young (IA) Duffy Herrera Beutler Takai Amodei Palazzo Shuster Young (IN) Duckworth Kelly (PA) Fattah Jenkins (KS) Ashford Yarmuth Palmer Simpson Zeldin Duncan (SC) King (IA) Fincher Lamborn Paulsen Smith (MO) Zinke Babin Duncan (TN) King (NY) Barletta Ellmers (NC) Kinzinger (IL) ANNOUNCEMENT BY THE ACTING CHAIR NOT VOTING—16 Barr Emmer (MN) Kirkpatrick Barton The Acting CHAIR (Mr. COLLINS of Ca´ rdenas Hanna O’Rourke Farenthold Kline Benishek Fitzpatrick Knight Georgia)(during the vote). There is 1 Castro (TX) Herrera Beutler Rice (NY) Bera Fleischmann Labrador Duffy Jenkins (KS) Takai minute remaining. Bilirakis Fleming LaHood Fattah Keating Yarmuth Fincher Lamborn Bishop (MI) Flores LaMalfa b 2239 Granger Meehan Bishop (UT) Forbes Lance Black Fortenberry Langevin Ms. WILSON of Florida changed her Blackburn Foxx Larson (CT) vote from ‘‘no’’ to ‘‘aye.’’ b 2236 Blum Franks (AZ) Latta Bost Frelinghuysen Lewis So the amendment was rejected. So the amendment was rejected. Boustany Fudge Lipinski The result of the vote was announced The result of the vote was announced Boyle, Brendan Gabbard LoBiondo as above recorded. as above recorded. F. Garrett Long Brady (PA) Gibbs Loudermilk AMENDMENT NO. 34 OFFERED BY MR. PITTENGER AMENDMENT OFFERED BY MR. GARAMENDI Brady (TX) Gibson Love The Acting CHAIR. The unfinished The Acting CHAIR. The unfinished Brat Gohmert Lowey business is the demand for a recorded business is the demand for a recorded Bridenstine Goodlatte Lucas Brooks (AL) Gosar Luetkemeyer vote on the amendment offered by the vote on the amendment offered by the Brooks (IN) Gowdy Lujan Grisham gentleman from North Carolina (Mr. gentleman from California (Mr. Brown (FL) Graham (NM) PITTENGER) on which further pro- GARAMENDI) on which further pro- Buchanan Graves (GA) Luja´ n, Ben Ray ceedings were postponed and on which ceedings were postponed and on which Buck Graves (LA) (NM) Bucshon Graves (MO) Lummis the ayes prevailed by voice vote. the noes prevailed by voice vote. Burgess Green, Gene MacArthur The Clerk will redesignate the The Clerk will redesignate the Butterfield Griffith Marchant amendment. amendment. Byrne Grothman Marino Calvert Guinta Massie The Clerk redesignated the amend- The Clerk redesignated the amend- Carson (IN) Guthrie McCarthy ment. ment. Carter (GA) Hardy McCaul RECORDED VOTE RECORDED VOTE Carter (TX) Harper McClintock Cartwright Harris McHenry The Acting CHAIR. A recorded vote The Acting CHAIR. A recorded vote Chabot Hartzler McKinley has been demanded. has been demanded. Chaffetz Heck (NV) McMorris A recorded vote was ordered. A recorded vote was ordered. Clawson (FL) Hensarling Rodgers Clyburn Hice, Jody B. McNerney The Acting CHAIR. This is a 2- The Acting CHAIR. This will be a 2- Coffman Higgins McSally minute vote. minute vote. Cole Hill Meadows The vote was taken by electronic de- The vote was taken by electronic de- Collins (GA) Himes Meehan vice, and there were—ayes 227, noes 192, vice, and there were—ayes 126, noes 293, Collins (NY) Holding Meeks Comstock Hoyer Messer not voting 14, as follows: not voting 14, as follows: Conaway Hudson Mica [Roll No. 255] [Roll No. 254] Cook Huelskamp Miller (FL) Cooper Huizenga (MI) Miller (MI) AYES—227 AYES—126 Costa Hultgren Moolenaar Abraham Bost Chabot Adams Castor (FL) DeFazio Costello (PA) Hunter Mooney (WV) Aderholt Boustany Chaffetz Aguilar Chu, Judy DeGette Courtney Hurd (TX) Mullin Allen Brady (TX) Clawson (FL) Bass Cicilline DeLauro Cramer Hurt (VA) Mulvaney Amodei Brat Coffman Beatty Clark (MA) DelBene Crawford Israel Murphy (PA) Babin Bridenstine Cole Becerra Clarke (NY) DeSaulnier Crenshaw Issa Neugebauer Barletta Brooks (AL) Collins (GA) Beyer Clay Deutch Cuellar Jeffries Newhouse Barr Brooks (IN) Collins (NY) Bishop (GA) Cleaver Doggett Culberson Jenkins (WV) Noem Barton Buchanan Comstock Blumenauer Cohen Doyle, Michael Curbelo (FL) Johnson (GA) Norcross Benishek Buck Conaway Bonamici Connolly F. Davis, Rodney Johnson (OH) Nugent Bilirakis Bucshon Cook Brownley (CA) Conyers Edwards Delaney Johnson, E. B. Nunes Bishop (MI) Burgess Cramer Bustos Crowley Ellison Denham Johnson, Sam Olson Bishop (UT) Byrne Crawford Capps Cummings Engel Dent Jolly Palazzo Black Calvert Crenshaw Capuano Davis (CA) Eshoo DeSantis Jones Palmer Blackburn Carter (GA) Culberson Carney Davis, Danny Esty DesJarlais Jordan Paulsen Blum Carter (TX) Davis, Rodney

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.093 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3255 Denham Labrador Rogers (AL) Lee Norcross Serrano Flores Loudermilk Rokita Dent LaHood Rogers (KY) Levin Pallone Sewell (AL) Forbes Love Rooney (FL) DeSantis LaMalfa Rohrabacher Lewis Pascrell Sherman Fortenberry Lucas Roskam DesJarlais Lance Rokita Lieu, Ted Payne Sinema Foxx Luetkemeyer Ross Duncan (SC) Latta Rooney (FL) Lipinski Pelosi Sires Franks (AZ) Lummis Rothfus Duncan (TN) LoBiondo Roskam Loebsack Perlmutter Slaughter Frelinghuysen MacArthur Rouzer Ellmers (NC) Long Ross Lofgren Peters Smith (WA) Garrett Marchant Royce Emmer (MN) Loudermilk Rothfus Lowenthal Peterson Speier Gibbs Marino Russell Lowey Pingree Farenthold Love Rouzer Swalwell (CA) Gohmert Massie Salmon Fitzpatrick Lucas Royce Lujan Grisham Pocan Goodlatte McCarthy Sanford Takano Fleischmann Luetkemeyer Russell (NM) Poliquin Gosar McCaul Scalise Thompson (CA) Fleming Lummis Salmon Luja´ n, Ben Ray Polis Gowdy McClintock Schweikert Flores MacArthur Sanford (NM) Price (NC) Thompson (MS) Graves (GA) McKinley Scott, Austin Forbes Marchant Scalise Lynch Quigley Titus Graves (LA) McMorris Sensenbrenner Fortenberry Marino Schweikert Maloney, Rangel Tonko Graves (MO) Rodgers Sessions Foxx Massie Scott, Austin Carolyn Richmond Torres Griffith McSally Shimkus Franks (AZ) McCarthy Sensenbrenner Maloney, Sean Ros-Lehtinen Tsongas Grothman Meadows Shuster Frelinghuysen McCaul Sessions Matsui Roybal-Allard Van Hollen Guinta Meehan Simpson Garrett McClintock Shimkus McCollum Ruiz Vargas Guthrie Messer Smith (MO) Gibbs McHenry Shuster McDermott Ruppersberger Veasey Hardy Mica Smith (NE) Gibson McKinley Simpson McGovern Rush Vela Harper Miller (FL) Smith (NJ) Gohmert McMorris Smith (MO) McNerney Ryan (OH) Vela´ zquez Harris Miller (MI) Smith (TX) Goodlatte Rodgers Smith (NE) Meeks Sa´ nchez, Linda Visclosky Hartzler Moolenaar Stewart Gosar McSally Smith (NJ) Meng T. Walz Heck (NV) Mooney (WV) Stivers Gowdy Meadows Smith (TX) Moore Sanchez, Loretta Wasserman Hensarling Mullin Stutzman Graves (GA) Meehan Stefanik Moulton Sarbanes Schultz Hice, Jody B. Mulvaney Thompson (PA) Murphy (FL) Graves (LA) Messer Stewart Schakowsky Waters, Maxine Hill Murphy (PA) Thornberry Graves (MO) Mica Stivers Nadler Schiff Holding Neugebauer Watson Coleman Tiberi Griffith Miller (FL) Stutzman Napolitano Schrader Hudson Newhouse Tipton Welch Grothman Miller (MI) Thompson (PA) Neal Scott (VA) Huelskamp Noem Trott Wilson (FL) Guinta Moolenaar Thornberry Nolan Scott, David Huizenga (MI) Nugent Turner Guthrie Mooney (WV) Tiberi Hultgren Nunes Upton Hardy Mullin Tipton NOT VOTING—14 Hunter Olson Valadao Harper Mulvaney Trott Ca´ rdenas Granger O’Rourke Hurd (TX) Palazzo Wagner Harris Murphy (PA) Turner Castro (TX) Hanna Rice (NY) Hurt (VA) Palmer Walberg Hartzler Neugebauer Upton Duffy Herrera Beutler Takai Issa Paulsen Walden Hensarling Newhouse Valadao Fattah Jenkins (KS) Yarmuth Jenkins (WV) Pearce Walker Hice, Jody B. Noem Wagner Fincher Lamborn Johnson (OH) Perry Walorski Hill Nugent Walberg Johnson, Sam Pittenger Walters, Mimi Holding Nunes Walden ANNOUNCEMENT BY THE ACTING CHAIR Jolly Pitts Weber (TX) Hudson Olson Walker The Acting CHAIR (during the vote). Jones Poe (TX) Webster (FL) Huelskamp Palazzo Walorski There is 1 minute remaining. Jordan Poliquin Wenstrup Huizenga (MI) Palmer Walters, Mimi Joyce Pompeo Westerman Hultgren Paulsen Weber (TX) 2243 Kelly (MS) Posey Westmoreland Hunter Pearce Webster (FL) b Kelly (PA) Price, Tom Whitfield Hurd (TX) Perry Wenstrup So the amendment was agreed to. King (IA) Ratcliffe Williams Hurt (VA) Pittenger Westerman The result of the vote was announced King (NY) Reed Wilson (SC) Issa Pitts Westmoreland Kinzinger (IL) Reichert Wittman Jenkins (WV) Poe (TX) Whitfield as above recorded. Kline Renacci Womack Johnson (OH) Pompeo Williams AMENDMENT OFFERED BY MR. GOSAR Knight Ribble Woodall Johnson, Sam Posey Wilson (SC) Labrador Rice (SC) Yoder Jones Price, Tom Wittman The Acting CHAIR. The unfinished LaHood Rigell Yoho Jordan Ratcliffe Womack business is the demand for a recorded LaMalfa Roby Young (AK) Joyce Reed Woodall vote on the amendment offered by the Lance Roe (TN) Young (IA) Kelly (MS) Reichert Yoder Latta Rogers (AL) Young (IN) gentleman from Arizona (Mr. GOSAR) Kelly (PA) Renacci Yoho LoBiondo Rogers (KY) Zeldin King (IA) Ribble Young (AK) on which further proceedings were Long Rohrabacher Zinke King (NY) Rice (SC) Young (IA) postponed and on which the ayes pre- Kinzinger (IL) Rigell Young (IN) vailed by voice vote. NOES—188 Kline Roby Zeldin Knight Roe (TN) Zinke The Clerk will redesignate the Adams Cummings Himes amendment. Aguilar Curbelo (FL) Hinojosa NOES—192 Ashford Davis (CA) Honda The Clerk redesignated the amend- Bass Davis, Danny Hoyer Adams Costa Graham ment. Beatty DeFazio Huffman Aguilar Costello (PA) Grayson RECORDED VOTE Becerra DeGette Israel Amash Courtney Green, Al Bera Delaney Jackson Lee Ashford Crowley Green, Gene The Acting CHAIR. A recorded vote Beyer DeLauro Jeffries Bass Cuellar Grijalva has been demanded. Bishop (GA) DelBene Johnson (GA) Beatty Cummings Gutie´rrez A recorded vote was ordered. Blumenauer DeSaulnier Johnson, E. B. Becerra Curbelo (FL) Hahn Bonamici Deutch Kaptur Bera Davis (CA) Hastings The Acting CHAIR. This is a 2- Boyle, Brendan Dingell Katko Beyer Davis, Danny Heck (NV) minute vote. F. Doggett Keating Bishop (GA) DeFazio Heck (WA) The vote was taken by electronic de- Brady (PA) Dold Kelly (IL) Blumenauer DeGette Higgins vice, and there were—ayes 230, noes 188, Brown (FL) Doyle, Michael Kennedy Bonamici Delaney Himes Brownley (CA) F. Kildee Boyle, Brendan DeLauro Hinojosa not voting 15, as follows: Bustos Duckworth Kilmer F. DelBene Honda [Roll No. 256] Butterfield Edwards Kind Brady (PA) DeSaulnier Hoyer Capps Ellison Kirkpatrick Brown (FL) Deutch Huffman AYES—230 Capuano Engel Kuster Brownley (CA) Diaz-Balart Israel Abraham Bridenstine Cook Carney Eshoo Langevin Bustos Dingell Jackson Lee Aderholt Brooks (AL) Cramer Carson (IN) Esty Larsen (WA) Butterfield Doggett Jeffries Allen Brooks (IN) Crawford Cartwright Farr Larson (CT) Capps Dold Johnson (GA) Amash Buchanan Crenshaw Castor (FL) Foster Lawrence Capuano Donovan Johnson, E. B. Amodei Buck Culberson Chu, Judy Frankel (FL) Lee Carney Doyle, Michael Jolly Babin Bucshon Davis, Rodney Cicilline Fudge Levin Carson (IN) F. Kaptur Barletta Burgess Denham Clark (MA) Gabbard Lewis Cartwright Duckworth Katko Barr Byrne Dent Clarke (NY) Gallego Lieu, Ted Castor (FL) Edwards Keating Barton Calvert DeSantis Clay Garamendi Lipinski Chu, Judy Ellison Kelly (IL) Benishek Carter (GA) DesJarlais Cleaver Gibson Loebsack Cicilline Engel Kennedy Bilirakis Carter (TX) Diaz-Balart Clyburn Graham Lofgren Clark (MA) Eshoo Kildee Bishop (MI) Chabot Donovan Cohen Grayson Lowenthal Clarke (NY) Esty Kilmer Bishop (UT) Chaffetz Duncan (SC) Connolly Green, Al Lowey Clay Farr Kind Black Clawson (FL) Duncan (TN) Conyers Green, Gene Lujan Grisham Cleaver Foster Kirkpatrick Blackburn Coffman Ellmers (NC) Cooper Grijalva (NM) Clyburn Frankel (FL) Kuster Blum Cole Emmer (MN) Costa Gutie´rrez Luja´ n, Ben Ray Cohen Fudge Langevin Bost Collins (GA) Farenthold Costello (PA) Hahn (NM) Connolly Gabbard Larsen (WA) Boustany Collins (NY) Fitzpatrick Courtney Hastings Lynch Conyers Gallego Larson (CT) Brady (TX) Comstock Fleischmann Crowley Heck (WA) Maloney, Cooper Garamendi Lawrence Brat Conaway Fleming Cuellar Higgins Carolyn

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00157 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.095 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3256 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Maloney, Sean Polis Slaughter Huffman McClintock Sanchez, Loretta Rush Thompson (CA) Waters, Maxine Matsui Price (NC) Smith (WA) Huizenga (MI) McDermott Sarbanes Russell Thompson (PA) Weber (TX) McCollum Quigley Speier Hultgren McHenry Schakowsky Salmon Thornberry Webster (FL) McDermott Rangel Stefanik Hunter McSally Schiff Sanford Titus Welch McGovern Richmond Swalwell (CA) Hurt (VA) Meeks Schweikert Scalise Trott Westerman McNerney Ros-Lehtinen Takano Israel Meng Scott, Austin Schrader Tsongas Whitfield Meeks Roybal-Allard Thompson (CA) Issa Miller (FL) Sensenbrenner Scott (VA) Turner Williams Meng Ruiz Thompson (MS) Jeffries Moore Serrano Scott, David Upton Wilson (FL) Moore Ruppersberger Titus Sessions Valadao Johnson (GA) Murphy (FL) Sherman Wilson (SC) Moulton Rush Tonko Jones Murphy (PA) Sewell (AL) Van Hollen Shimkus Womack Murphy (FL) Ryan (OH) Torres Jordan Nadler Simpson Vargas Shuster Yoder Nadler Sa´ nchez, Linda Tsongas Joyce Napolitano Smith (NE) Vela´ zquez Young (AK) Napolitano T. Van Hollen Katko Neal Sinema Smith (TX) Visclosky Neal Sanchez, Loretta Vargas Kelly (IL) Nolan Sires Speier Wagner Young (IA) Nolan Sarbanes Veasey Kelly (PA) Norcross Slaughter Stewart Walden Young (IN) Norcross Schakowsky Vela Kildee Pallone Smith (MO) Stutzman Walorski Zinke Pallone Schiff Vela´ zquez Kind Pascrell Smith (NJ) Swalwell (CA) Walters, Mimi Pascrell Schrader Visclosky Kinzinger (IL) Paulsen Smith (WA) Payne Scott (VA) Walz Kirkpatrick Pelosi Stefanik NOT VOTING—14 Pelosi Scott, David Wasserman Kline Perry Stivers Ca´ rdenas Granger O’Rourke Perlmutter Serrano Schultz Knight Peters Takano Castro (TX) Hanna Rice (NY) Peters Sewell (AL) Waters, Maxine LaHood Peterson Thompson (MS) Duffy Herrera Beutler Takai Peterson Sherman Watson Coleman Lance Polis Tiberi Fattah Jenkins (KS) Yarmuth Pingree Sinema Welch Larsen (WA) Posey Tipton Fincher Lamborn Pocan Sires Wilson (FL) Larson (CT) Price, Tom Tonko Latta Quigley b 2249 NOT VOTING—15 Torres Lawrence Rangel Veasey ´ Levin So the amendment was rejected. Cardenas Granger McHenry Ratcliffe Vela Lieu, Ted Renacci Castro (TX) Hanna O’Rourke Walberg The result of the vote was announced Duffy Herrera Beutler Rice (NY) Lipinski Ribble Walker as above recorded. Fattah Jenkins (KS) Takai LoBiondo Rigell Walz Fincher Lamborn Yarmuth Loebsack Rohrabacher AMENDMENT OFFERED BY MR. SEAN PATRICK Lofgren Rooney (FL) Wasserman MALONEY OF NEW YORK Loudermilk Ros-Lehtinen Schultz b 2246 Watson Coleman The Acting CHAIR. The unfinished Lowenthal Roskam business is the demand for a recorded So the amendment was agreed to. Maloney, Rothfus Wenstrup Westmoreland vote on the amendment offered by the The result of the vote was announced Carolyn Rouzer Maloney, Sean Ruiz Wittman gentleman from New York (Mr. SEAN as above recorded. Marino Ryan (OH) Woodall PATRICK MALONEY), as amended, on AMENDMENT OFFERED BY MR. FOSTER Massie Sa´ nchez, Linda Yoho McCarthy T. Zeldin which further proceedings were post- The Acting CHAIR (Ms. FOXX). The poned and on which the noes prevailed unfinished business is the demand for a NOES—213 by voice vote. recorded vote on the amendment of- Abraham Ellison Luja´ n, Ben Ray The Clerk will redesignate the fered by the gentleman from Illinois Adams Farenthold (NM) amendment. (Mr. FOSTER) on which further pro- Aderholt Fleischmann Lummis The Clerk redesignated the amend- ceedings were postponed and on which Amodei Fleming Lynch Babin MacArthur ment. the noes prevailed by voice vote. Flores Barr Fortenberry Marchant RECORDED VOTE The Clerk will redesignate the Barton Matsui Frankel (FL) The Acting CHAIR. A recorded vote amendment. Bishop (GA) Frelinghuysen McCaul Bishop (UT) Fudge McCollum has been demanded. The Clerk redesignated the amend- Black McGovern ment. Gabbard A recorded vote was ordered. Blackburn Gosar McKinley The Acting CHAIR. This is a 2- RECORDED VOTE Blum Gowdy McMorris Blumenauer Rodgers minute vote. The Acting CHAIR. A recorded vote Graves (LA) Bonamici Graves (MO) McNerney The vote was taken by electronic de- has been demanded. Boustany Grayson Meadows vice, and there were—ayes 223, noes 195, Bridenstine Meehan A recorded vote was ordered. Green, Al Brooks (AL) Messer not voting 15, as follows: Grijalva The Acting CHAIR. This is a 2- Brooks (IN) Mica Grothman [Roll No. 258] minute vote. Brown (FL) Miller (MI) Guinta Buchanan Moolenaar AYES—223 The vote was taken by electronic de- Guthrie Butterfield Mooney (WV) Adams Cooper Foster vice, and there were—ayes 206, noes 213, Hardy Byrne Moulton Aguilar Costa Frankel (FL) Harper not voting 14, as follows: Calvert Mullin Amash Costello (PA) Frelinghuysen Hartzler Capps Mulvaney Ashford Courtney Fudge [Roll No. 257] Hastings Capuano Neugebauer Bass Crowley Gabbard AYES—206 Carney Heck (NV) Newhouse Beatty Cuellar Gallego Aguilar Coffman Esty Carson (IN) Heck (WA) Noem Becerra Cummings Garamendi Allen Cohen Farr Carter (TX) Hill Nugent Bera Curbelo (FL) Gibson Amash Collins (GA) Fitzpatrick Castor (FL) Huelskamp Nunes Beyer Davis (CA) Graham Ashford Cooper Forbes Chabot Hurd (TX) Olson Bishop (GA) Davis, Danny Grayson Barletta Costa Foster Chaffetz Jackson Lee Palazzo Bonamici Davis, Rodney Green, Al Bass Costello (PA) Foxx Cicilline Jenkins (WV) Palmer Boyle, Brendan DeFazio Green, Gene Beatty Courtney Franks (AZ) Clark (MA) Johnson (OH) Payne F. DeGette Grijalva Becerra Crowley Gallego Cleaver Johnson, E. B. Pearce Brady (PA) Delaney Gutie´rrez Benishek Curbelo (FL) Garamendi Clyburn Johnson, Sam Perlmutter Brooks (IN) DeLauro Hahn Bera Davis (CA) Garrett Cole Jolly Pingree Brown (FL) DelBene Hastings Beyer Davis, Rodney Gibbs Collins (NY) Kaptur Pittenger Brownley (CA) Denham Heck (NV) Bilirakis Delaney Gibson Comstock Keating Pitts Bustos Dent Heck (WA) Bishop (MI) DeLauro Gohmert Conaway Kelly (MS) Pocan Butterfield DeSaulnier Higgins Bost Denham Goodlatte Connolly Kennedy Poe (TX) Capps Deutch Himes Boyle, Brendan Dent Graham Conyers Kilmer Poliquin Capuano Diaz-Balart Hinojosa F. DeSantis Graves (GA) Cook King (IA) Pompeo Carney Dingell Honda Brady (PA) DeSaulnier Green, Gene Cramer King (NY) Price (NC) Carson (IN) Doggett Hoyer Brady (TX) Dingell Griffith Crawford Kuster Reed Cartwright Dold Huffman Brat Doggett Gutie´rrez Crenshaw Labrador Reichert Castor (FL) Donovan Hurd (TX) Brownley (CA) Dold Hahn Cuellar LaMalfa Rice (SC) Chu, Judy Doyle, Michael Israel Buck Donovan Harris Culberson Langevin Richmond Cicilline F. Issa Bucshon Doyle, Michael Hensarling Cummings Lee Roby Clark (MA) Duckworth Jackson Lee Burgess F. Hice, Jody B. Davis, Danny Lewis Roe (TN) Clarke (NY) Edwards Jeffries Bustos Duckworth Higgins DeFazio Long Rogers (AL) Clay Ellison Johnson (GA) Carter (GA) Duncan (SC) Himes DeGette Love Rogers (KY) Cleaver Emmer (MN) Johnson, E. B. Cartwright Duncan (TN) Hinojosa DelBene Lowey Rokita Clyburn Engel Jolly Chu, Judy Ellmers (NC) Holding DesJarlais Lucas Ross Coffman Eshoo Kaptur Clarke (NY) Emmer (MN) Honda Deutch Luetkemeyer Roybal-Allard Cohen Esty Katko Clawson (FL) Engel Hoyer Diaz-Balart Lujan Grisham Royce Connolly Farr Keating Clay Eshoo Hudson Edwards (NM) Ruppersberger Conyers Fitzpatrick Kelly (IL)

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00158 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.096 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3257 Kennedy Moore Scott (VA) Stewart Walberg Wilson (SC) McMorris Reichert Stivers Kildee Moulton Scott, David Stivers Walker Wittman Rodgers Renacci Stutzman Kilmer Murphy (FL) Serrano Stutzman Walorski Womack McSally Ribble Thompson (PA) Kind Nadler Sewell (AL) Thompson (PA) Weber (TX) Woodall Meadows Rice (SC) Thornberry Kinzinger (IL) Napolitano Sherman Thornberry Webster (FL) Yoder Meehan Rigell Tiberi Kirkpatrick Neal Shimkus Tiberi Wenstrup Yoho Messer Roby Tipton Kuster Nolan Sinema Tipton Westerman Young (AK) Mica Roe (TN) Trott Lance Norcross Sires Trott Westmoreland Zinke Miller (FL) Rogers (AL) Turner Langevin Pallone Slaughter Turner Whitfield Miller (MI) Rogers (KY) Upton Larsen (WA) Pascrell Smith (WA) Wagner Williams Moolenaar Rohrabacher Valadao Larson (CT) Paulsen Mooney (WV) Rokita Wagner Speier NOT VOTING—15 Lawrence Payne Stefanik Mullin Rooney (FL) Walberg Lee Pelosi Swalwell (CA) Blumenauer Fincher Lamborn Mulvaney Roskam Walden Levin Perlmutter Takano Ca´ rdenas Granger O’Rourke Murphy (PA) Ross Walker Lewis Peters Thompson (CA) Castro (TX) Hanna Rice (NY) Neugebauer Rothfus Walorski Lieu, Ted Peterson Thompson (MS) Duffy Herrera Beutler Takai Newhouse Rouzer Walters, Mimi Lipinski Pingree Titus Fattah Jenkins (KS) Yarmuth Noem Royce Weber (TX) LoBiondo Pocan Tonko Nugent Russell Webster (FL) Loebsack Poliquin Nunes Salmon Wenstrup Torres b 2253 Lofgren Polis Olson Sanford Westerman Tsongas Lowenthal Price (NC) So the amendment, as amended, was Palazzo Scalise Westmoreland Upton Lowey Quigley Palmer Schweikert Whitfield Valadao agreed to. Lujan Grisham Rangel Paulsen Scott, Austin Williams Van Hollen The result of the vote was announced (NM) Reed Pearce Sensenbrenner Wilson (SC) Luja´ n, Ben Ray Reichert Vargas as above recorded. Perry Sessions Wittman Veasey (NM) Renacci AMENDMENT OFFERED BY MR. BYRNE Pittenger Shimkus Womack Lynch Richmond Vela Pitts Shuster Woodall MacArthur Rooney (FL) Vela´ zquez The Acting CHAIR. The unfinished Poe (TX) Simpson Yoder Maloney, Ros-Lehtinen Visclosky business is the demand for a recorded Poliquin Smith (MO) Yoho Carolyn Roybal-Allard Walden vote on the amendment offered by the Pompeo Smith (NE) Young (AK) Maloney, Sean Ruiz Walters, Mimi Posey Smith (NJ) Young (IA) gentleman from Alabama (Mr. BYRNE) Matsui Ruppersberger Walz Price, Tom Smith (TX) Young (IN) McCollum Rush Wasserman on which further proceedings were Ratcliffe Stefanik Zeldin McDermott Ryan (OH) Schultz postponed and on which the ayes pre- Reed Stewart Zinke McGovern Sa´ nchez, Linda Waters, Maxine vailed by voice vote. McNerney T. Watson Coleman NOES—186 McSally Sanchez, Loretta Welch The Clerk will redesignate the Meehan Sarbanes Wilson (FL) amendment. Adams Foster Meng Meeks Schakowsky Young (IA) The Clerk redesignated the amend- Aguilar Frankel (FL) Moore Ashford Fudge Moulton Meng Schiff Young (IN) ment. Messer Schrader Zeldin Bass Gabbard Murphy (FL) RECORDED VOTE Beatty Gallego Nadler Becerra Garamendi NOES—195 The Acting CHAIR. A recorded vote Napolitano Bera Graham Neal Abraham Gibbs McMorris has been demanded. Beyer Grayson Nolan Aderholt Gohmert Rodgers A recorded vote was ordered. Bishop (GA) Green, Al Norcross Allen Goodlatte Meadows Blumenauer Green, Gene Pallone Amodei Gosar Mica The Acting CHAIR. This will be a 2- Bonamici Grijalva Pascrell Babin Gowdy Miller (FL) minute vote. Boyle, Brendan Gutie´rrez Payne Barletta Graves (GA) Miller (MI) F. Hahn The vote was taken by electronic de- Pelosi Barr Graves (LA) Moolenaar Brady (PA) Hastings vice, and there were—ayes 233, noes 186, Perlmutter Barton Graves (MO) Mooney (WV) Brown (FL) Heck (WA) Benishek Griffith Mullin not voting 14, as follows: Brownley (CA) Higgins Peters Bilirakis Grothman Mulvaney [Roll No. 259] Bustos Himes Peterson Bishop (MI) Guinta Murphy (PA) Butterfield Hinojosa Pingree Bishop (UT) Guthrie Neugebauer AYES—233 Capps Honda Pocan Black Hardy Newhouse Abraham Cuellar Holding Capuano Hoyer Polis Blackburn Harper Noem Aderholt Culberson Hudson Carney Huffman Price (NC) Blum Harris Nugent Allen Davis, Rodney Huelskamp Carson (IN) Israel Quigley Bost Hartzler Nunes Amash Denham Huizenga (MI) Cartwright Jackson Lee Rangel Boustany Hensarling Olson Amodei DeSantis Hultgren Castor (FL) Jeffries Richmond Brady (TX) Hice, Jody B. Palazzo Babin DesJarlais Hunter Chu, Judy Johnson (GA) Ros-Lehtinen Brat Hill Palmer Barletta Diaz-Balart Hurd (TX) Cicilline Johnson, E. B. Roybal-Allard Bridenstine Holding Pearce Barr Donovan Hurt (VA) Clark (MA) Kaptur Ruiz Brooks (AL) Hudson Perry Barton Duncan (SC) Issa Clarke (NY) Katko Ruppersberger Buchanan Huelskamp Pittenger Benishek Duncan (TN) Jenkins (WV) Clay Keating Rush Buck Huizenga (MI) Pitts Bilirakis Ellmers (NC) Johnson (OH) Cleaver Kelly (IL) Ryan (OH) Bucshon Hultgren Poe (TX) Bishop (MI) Emmer (MN) Johnson, Sam Clyburn Kennedy Sa´ nchez, Linda Burgess Hunter Pompeo Bishop (UT) Farenthold Jolly Coffman Kildee T. Byrne Hurt (VA) Posey Black Fitzpatrick Jones Cohen Kilmer Sanchez, Loretta Calvert Jenkins (WV) Price, Tom Blackburn Fleischmann Jordan Connolly Kind Sarbanes Carter (GA) Johnson (OH) Ratcliffe Blum Fleming Joyce Conyers Kirkpatrick Schakowsky Carter (TX) Johnson, Sam Ribble Bost Flores Kelly (MS) Cooper Kuster Schiff Chabot Jones Rice (SC) Boustany Forbes Kelly (PA) Costa Langevin Schrader Chaffetz Jordan Rigell Brady (TX) Fortenberry King (IA) Courtney Larsen (WA) Scott (VA) Clawson (FL) Joyce Roby Brat Foxx King (NY) Crowley Larson (CT) Scott, David Cole Kelly (MS) Roe (TN) Bridenstine Franks (AZ) Kinzinger (IL) Cummings Lawrence Serrano Collins (GA) Kelly (PA) Rogers (AL) Brooks (AL) Frelinghuysen Kline Curbelo (FL) Lee Sewell (AL) Collins (NY) King (IA) Rogers (KY) Brooks (IN) Garrett Knight Davis (CA) Levin Sherman Comstock King (NY) Rohrabacher Buchanan Gibbs Labrador Davis, Danny Lewis Sinema Conaway Kline Rokita Buck Gibson LaHood DeFazio Lieu, Ted Sires Cook Knight Roskam Bucshon Gohmert LaMalfa DeGette LoBiondo Slaughter Cramer Labrador Ross Burgess Goodlatte Lance Delaney Loebsack Smith (WA) Crawford LaHood Rothfus Byrne Gosar Latta DeLauro Lofgren Speier Crenshaw LaMalfa Rouzer Calvert Gowdy Lipinski DelBene Lowenthal Culberson Latta Royce Carter (GA) Graves (GA) Long Dent Lowey Swalwell (CA) DeSantis Long Russell Carter (TX) Graves (LA) Loudermilk DeSaulnier Lujan Grisham Takano DesJarlais Loudermilk Salmon Chabot Graves (MO) Love Deutch (NM) Thompson (CA) Duncan (SC) Love Sanford Chaffetz Griffith Lucas Dingell Luja´ n, Ben Ray Thompson (MS) Duncan (TN) Lucas Scalise Clawson (FL) Grothman Luetkemeyer Doggett (NM) Titus Ellmers (NC) Luetkemeyer Schweikert Cole Guinta Lummis Dold Lynch Tonko Farenthold Lummis Scott, Austin Collins (GA) Guthrie MacArthur Doyle, Michael Maloney, Torres Fleischmann Marchant Sensenbrenner Collins (NY) Hardy Marchant F. Carolyn Tsongas Fleming Marino Sessions Comstock Harper Marino Duckworth Maloney, Sean Van Hollen Flores Massie Shuster Conaway Harris Massie Edwards Matsui Vargas Forbes McCarthy Simpson Cook Hartzler McCarthy Ellison McCollum Veasey Fortenberry McCaul Smith (MO) Costello (PA) Heck (NV) McCaul Engel McDermott Vela Foxx McClintock Smith (NE) Cramer Hensarling McClintock Eshoo McGovern Vela´ zquez Franks (AZ) McHenry Smith (NJ) Crawford Hice, Jody B. McHenry Esty McNerney Visclosky Garrett McKinley Smith (TX) Crenshaw Hill McKinley Farr Meeks Walz

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00159 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.098 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3258 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Wasserman Waters, Maxine Welch Woodall Yoho Young (IN) O’Rourke Sanford Waters, Maxine Schultz Watson Coleman Wilson (FL) Yoder Young (IA) Zinke Rice (NY) Takai Yarmuth

NOT VOTING—14 NOES—258 b 2259 Ca´ rdenas Granger O’Rourke Abraham Frankel (FL) Nolan Castro (TX) Hanna Rice (NY) Adams Frelinghuysen Norcross So the amendment was rejected. Duffy Herrera Beutler Takai Aderholt Fudge Nugent The result of the vote was announced Fattah Jenkins (KS) Yarmuth Aguilar Gabbard Nunes as above recorded. Fincher Lamborn Amodei Gallego Pallone AMENDMENT OFFERED BY MR. SMITH OF Ashford Garamendi Pascrell b 2256 Barletta Gibson Payne MISSOURI Barr Graham So the amendment was agreed to. Pelosi The Acting CHAIR. The unfinished Bass Grayson Perlmutter business is the demand for a recorded The result of the vote was announced Beatty Green, Al Peters vote on the amendment offered by the as above recorded. Becerra Green, Gene Peterson Benishek Grijalva Pingree gentleman from Missouri (Mr. SMITH) AMENDMENT NO. 14 OFFERED BY MRS. ´ Bera Gutierrez Pittenger on which further proceedings were BLACKBURN Beyer Hahn Pocan postponed and on which the noes pre- The Acting CHAIR. The unfinished Bishop (GA) Harper Price (NC) Blumenauer Hastings vailed by voice vote. Quigley business is the demand for a recorded Bonamici Heck (NV) Rangel The Clerk will redesignate the vote on the amendment offered by the Bost Heck (WA) Reed amendment. Boustany Higgins gentlewoman from Tennessee (Mrs. Reichert Boyle, Brendan Himes The Clerk redesignated the amend- BLACKBURN) on which further pro- Renacci F. Hinojosa ment. ceedings were postponed and on which Brady (PA) Honda Richmond RECORDED VOTE the noes prevailed by voice vote. Brown (FL) Hoyer Rigell Roby The Clerk will redesignate the Brownley (CA) Huffman The Acting CHAIR. A recorded vote Bustos Israel Rogers (AL) has been demanded. amendment. Rogers (KY) Butterfield Jackson Lee A recorded vote was ordered. The Clerk redesignated the amend- Calvert Jeffries Rooney (FL) ment. Capps Jenkins (WV) Ros-Lehtinen The Acting CHAIR. This will be a 2- Capuano Johnson (GA) Roskam minute vote. RECORDED VOTE Carney Johnson (OH) Ross The vote was taken by electronic de- The Acting CHAIR. A recorded vote Carson (IN) Johnson, E. B. Roybal-Allard vice, and there were—ayes 119, noes 300, has been demanded. Carter (TX) Jolly Ruiz Ruppersberger not voting 14, as follows: A recorded vote was ordered. Cartwright Joyce Castor (FL) Kaptur Rush [Roll No. 261] The Acting CHAIR. This will be a 2- Chu, Judy Katko Ryan (OH) minute vote. Cicilline Keating Sa´ nchez, Linda AYES—119 The vote was taken by electronic de- Clark (MA) Kelly (IL) T. Amodei Gowdy Mooney (WV) Clarke (NY) Kelly (PA) Sanchez, Loretta Babin Graves (GA) Mullin vice, and there were—ayes 158, noes 258, Clay Kennedy Sarbanes Barletta Graves (MO) Mulvaney not voting 17, as follows: Cleaver Kildee Schakowsky Benishek Griffith Murphy (PA) [Roll No. 260] Clyburn Kilmer Schiff Bilirakis Grothman Neugebauer Cohen Kind Schrader Bishop (UT) Guinta Palmer AYES—158 Cole King (NY) Scott (VA) Blackburn Guthrie Pearce Allen Guthrie Palazzo Collins (NY) Kinzinger (IL) Scott, David Boustany Hardy Poe (TX) Amash Hardy Palmer Comstock Kirkpatrick Serrano Brady (TX) Harris Poliquin Connolly Kuster Babin Harris Paulsen Sewell (AL) Bridenstine Hartzler Pompeo Conyers LaHood Barton Hartzler Pearce Sherman Brooks (IN) Hice, Jody B. Posey Costa Langevin Bilirakis Hensarling Perry Shuster Buchanan Holding Price, Tom Costello (PA) Larsen (WA) Buck Hudson Ratcliffe Bishop (MI) Hice, Jody B. Pitts Simpson Courtney Larson (CT) Burgess Huelskamp Reed Bishop (UT) Hill Poe (TX) Sinema Crenshaw Lawrence Byrne Huizenga (MI) Ribble Black Holding Poliquin Sires Blackburn Hudson Crowley Lee Slaughter Carter (GA) Hunter Rice (SC) Polis Cuellar Levin Blum Huelskamp Smith (NJ) Chabot Hurt (VA) Roe (TN) Pompeo Culberson Lewis Brady (TX) Huizenga (MI) Smith (WA) Chaffetz Jones Ros-Lehtinen Posey Cummings Lieu, Ted Brat Hultgren Speier Clay Jordan Ross Price, Tom Curbelo (FL) Lipinski Bridenstine Hunter Stefanik Cleaver Kelly (PA) Rouzer Ratcliffe Davis (CA) LoBiondo Brooks (AL) Hurd (TX) Stivers Collins (GA) King (IA) Russell Ribble Davis, Danny Loebsack Brooks (IN) Hurt (VA) Swalwell (CA) Cook Knight Schweikert Rice (SC) Davis, Rodney Lofgren Buchanan Issa Takano Cramer LaMalfa Scott, Austin Buck Johnson, Sam Roe (TN) DeFazio Lowenthal Crawford Latta Sensenbrenner DeGette Lowey Thompson (CA) Bucshon Jones Rohrabacher Thompson (MS) Culberson Long Smith (MO) Delaney Luetkemeyer Curbelo (FL) Loudermilk Stutzman Burgess Jordan Rokita Thompson (PA) DeLauro Lujan Grisham Denham Love Thompson (PA) Byrne Kelly (MS) Rothfus Thornberry DelBene (NM) DeSantis Luetkemeyer Tipton Carter (GA) King (IA) Rouzer Tiberi Denham Luja´ n, Ben Ray DesJarlais Lummis Wagner Chabot Kline Royce Titus Dent (NM) Duncan (SC) Marchant Walden Chaffetz Knight Russell Tonko DeSaulnier Lynch Ellmers (NC) Marino Webster (FL) Clawson (FL) Labrador Salmon Torres Deutch MacArthur Emmer (MN) Massie Wenstrup Coffman Lance Scalise Trott Diaz-Balart Maloney, Farenthold McCarthy Westerman Collins (GA) Latta Schweikert Tsongas Conaway Dingell Carolyn Fleming McCaul Westmoreland Long Scott, Austin Turner Cook Loudermilk Doggett Maloney, Sean Franks (AZ) McClintock Whitfield Sensenbrenner Valadao Cooper Love Dold Marino Gabbard McMorris Williams Sessions Van Hollen Cramer Lucas Donovan Matsui Garrett Rodgers Woodall Vargas Crawford Lummis Shimkus Doyle, Michael McCollum Gohmert Meadows Yoder Veasey DeSantis Marchant Smith (MO) F. McDermott Goodlatte Mica Yoho Vela DesJarlais Massie Smith (NE) Duckworth McGovern Gosar Miller (FL) Zinke Vela´ zquez Duncan (SC) McCarthy Smith (TX) Edwards McKinley Visclosky Duncan (TN) McCaul Stewart Ellison McNerney NOES—300 Walz Farenthold McClintock Stutzman Ellmers (NC) Meehan Abraham Blum Carney Wasserman Fleming McHenry Tipton Emmer (MN) Meeks Adams Blumenauer Carson (IN) Schultz Flores McMorris Upton Engel Meng Aderholt Bonamici Carter (TX) Watson Coleman Foxx Rodgers Wagner Eshoo Moore Aguilar Bost Cartwright Esty Moulton Welch Franks (AZ) McSally Walberg Allen Boyle, Brendan Castor (FL) Farr Murphy (FL) Westmoreland Garrett Meadows Walden Amash F. Chu, Judy Gibbs Messer Fitzpatrick Nadler Whitfield Ashford Brady (PA) Cicilline Walker Fleischmann Napolitano Wilson (FL) Gohmert Mica Walorski Barr Brat Clark (MA) Goodlatte Miller (FL) Forbes Neal Womack Barton Brooks (AL) Clarke (NY) Walters, Mimi Fortenberry Newhouse Young (AK) Gosar Miller (MI) Weber (TX) Bass Brown (FL) Clawson (FL) Gowdy Moolenaar Foster Noem Zeldin Beatty Brownley (CA) Clyburn Webster (FL) Graves (GA) Mooney (WV) Becerra Bucshon Coffman Wenstrup Graves (LA) Mullin NOT VOTING—17 Bera Bustos Cohen Westerman Graves (MO) Mulvaney Ca´ rdenas Fincher Jenkins (KS) Beyer Butterfield Cole Griffith Murphy (PA) Williams Castro (TX) Granger LaMalfa Bishop (GA) Calvert Collins (NY) Grothman Neugebauer Wilson (SC) Duffy Hanna Lamborn Bishop (MI) Capps Comstock Guinta Olson Wittman Fattah Herrera Beutler Black Capuano Conaway

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00160 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.089 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3259

Connolly Kelly (IL) Rigell AMENDMENT OFFERED BY MR. WALKER Dent Kuster Ros-Lehtinen Conyers Kelly (MS) Roby The Acting CHAIR. The unfinished DeSaulnier Langevin Roskam Cooper Kennedy Rogers (AL) Deutch Larsen (WA) Rothfus Costa Kildee Rogers (KY) business is the demand for a recorded Diaz-Balart Larson (CT) Roybal-Allard Costello (PA) Kilmer Rohrabacher vote on the amendment offered by the Dingell Lawrence Ruiz Courtney Kind Rokita gentleman from North Carolina (Mr. Doggett Lee Ruppersberger Crenshaw King (NY) Rooney (FL) Dold Levin Rush WALKER) on which further proceedings Crowley Kinzinger (IL) Roskam Donovan Lewis Ryan (OH) Cuellar Kirkpatrick Rothfus were postponed and on which the noes Doyle, Michael Lieu, Ted Salmon Cummings Kline Roybal-Allard prevailed by voice vote. F. Lipinski Sa´ nchez, Linda Davis (CA) Kuster Royce Duckworth LoBiondo T. Davis, Danny Labrador The Clerk will redesignate the Edwards Loebsack Ruiz amendment. Sanchez, Loretta Davis, Rodney LaHood Ruppersberger Ellison Lofgren Sarbanes DeFazio Lance Rush The Clerk redesignated the amend- Engel Long Scalise DeGette Langevin Ryan (OH) ment. Eshoo Lowenthal Schakowsky Delaney Larsen (WA) Esty Lowey Salmon Schiff DeLauro Larson (CT) RECORDED VOTE Farr Lucas Sa´ nchez, Linda Schrader DelBene Lawrence Fitzpatrick Luetkemeyer T. The Acting CHAIR. A recorded vote Scott (VA) Dent Lee Fleischmann Lujan Grisham Sanchez, Loretta Scott, David DeSaulnier Levin has been demanded. Flores (NM) Sanford Serrano Deutch Lewis A recorded vote was ordered. Fortenberry Luja´ n, Ben Ray Sarbanes Sewell (AL) Diaz-Balart Lieu, Ted Foster (NM) Scalise The Acting CHAIR. This will be a 2- Sherman Dingell Lipinski minute vote. Frankel (FL) Lynch Doggett LoBiondo Schakowsky Frelinghuysen MacArthur Shimkus Dold Loebsack Schiff The vote was taken by electronic de- Fudge Maloney, Shuster Donovan Lofgren Schrader vice, and there were—ayes 128, noes 291, Gabbard Carolyn Simpson Doyle, Michael Lowenthal Scott (VA) not voting 14, as follows: Gallego Maloney, Sean Sinema F. Lowey Scott, David Garamendi Marchant Sires Duckworth Lucas Serrano [Roll No. 262] Gibson Matsui Slaughter Duncan (TN) Lujan Grisham Sessions AYES—128 Graham McCaul Smith (NE) Edwards (NM) Sewell (AL) Graves (GA) McCollum Smith (NJ) Allen Grothman Paulsen Ellison Luja´ n, Ben Ray Sherman Graves (MO) McDermott Smith (TX) Amash Guinta Pearce Engel (NM) Shimkus Grayson McGovern Smith (WA) Amodei Guthrie Perry Eshoo Lynch Shuster Green, Al McKinley Speier Babin Harris Pittenger Esty MacArthur Simpson Green, Gene McNerney Stefanik Benishek Hartzler Pitts Farr Maloney, Sinema Grijalva McSally Stivers Bilirakis Hensarling Poe (TX) Fitzpatrick Carolyn Sires Gutie´rrez Meehan Swalwell (CA) Bishop (MI) Hice, Jody B. Polis Fleischmann Maloney, Sean Slaughter Hahn Meeks Takano Bishop (UT) Holding Pompeo Flores Matsui Smith (NE) Hardy Meng Thompson (CA) Black Hudson Posey Forbes McCollum Smith (NJ) Harper Mica Thompson (MS) Blackburn Huelskamp Price, Tom Fortenberry McDermott Smith (TX) Hastings Mooney (WV) Thompson (PA) Brady (TX) Huizenga (MI) Ratcliffe Foster McGovern Smith (WA) Heck (NV) Moore Thornberry Brat Hunter Ribble Foxx McHenry Heck (WA) Moulton Speier Bridenstine Hurt (VA) Rice (SC) Titus Frankel (FL) McKinley Higgins Murphy (FL) Stefanik Brooks (AL) Johnson, Sam Roe (TN) Tonko Frelinghuysen McNerney Hill Murphy (PA) Stewart Buck Jones Rohrabacher Torres Fudge McSally Himes Nadler Stivers Burgess Jordan Rokita Trott Gallego Meehan Hinojosa Napolitano Swalwell (CA) Byrne Kelly (MS) Rooney (FL) Tsongas Garamendi Meeks Honda Neal Takano Carter (GA) Knight Ross Turner Gibbs Meng Hoyer Newhouse Thompson (CA) Chabot Labrador Rouzer Upton Gibson Messer Huffman Noem Thompson (MS) Chaffetz LaHood Royce Valadao Graham Miller (MI) Hultgren Nolan Thornberry Clawson (FL) LaMalfa Russell Van Hollen Graves (LA) Moolenaar Hurd (TX) Norcross Tiberi Conaway Lance Sanford Vargas Grayson Moore Israel Nugent Titus Cook Latta Schweikert Veasey Green, Al Moulton Issa Nunes Tonko Culberson Loudermilk Scott, Austin Vela Green, Gene Murphy (FL) Jackson Lee Palazzo Torres DeSantis Love Sensenbrenner Vela´ zquez Grijalva Nadler Jeffries Pallone Trott DesJarlais Lummis Sessions Visclosky Gutie´rrez Napolitano Jenkins (WV) Pascrell Tsongas Duncan (SC) Marino Smith (MO) Wagner Hahn Neal Johnson (GA) Payne Turner Duncan (TN) Massie Stewart Harper Newhouse Johnson (OH) Pelosi Walden Ellmers (NC) McCarthy Stutzman Hastings Noem Upton Johnson, E. B. Perlmutter Walorski Emmer (MN) McClintock Tiberi Heck (NV) Nolan Valadao Jolly Peters Walz Farenthold McHenry Tipton Heck (WA) Norcross Van Hollen Joyce Peterson Wasserman Fleming McMorris Walberg Hensarling Nugent Vargas Kaptur Pingree Schultz Forbes Rodgers Walker Higgins Nunes Veasey Katko Pocan Waters, Maxine Foxx Meadows Walters, Mimi Hill Olson Vela Keating Poliquin Watson Coleman Franks (AZ) Messer Webster (FL) Himes Palazzo Vela´ zquez Kelly (IL) Price (NC) Weber (TX) Garrett Miller (FL) Westerman Hinojosa Pallone Visclosky Kelly (PA) Quigley Welch Gibbs Miller (MI) Wilson (SC) Honda Pascrell Walberg Kennedy Rangel Wenstrup Gohmert Moolenaar Wittman Hoyer Paulsen Walker Kildee Reed Westmoreland Goodlatte Mullin Woodall Huffman Payne Walorski Kilmer Reichert Whitfield Gosar Mulvaney Yoder Hultgren Pelosi Walters, Mimi Kind Renacci Williams Gowdy Neugebauer Yoho Hurd (TX) Perlmutter Walz King (IA) Richmond Wilson (FL) Graves (LA) Olson Young (IN) Israel Perry Wasserman King (NY) Rigell Womack Griffith Palmer Zinke Issa Peters Schultz Kinzinger (IL) Roby Young (AK) Jackson Lee Peterson Waters, Maxine NOES—291 Kirkpatrick Rogers (AL) Young (IA) Jeffries Pingree Watson Coleman Kline Rogers (KY) Zeldin Jenkins (WV) Pittenger Weber (TX) Abraham Brownley (CA) Collins (NY) Johnson (GA) Pitts Welch Adams Buchanan Comstock NOT VOTING—14 Johnson (OH) Pocan Wilson (FL) Aderholt Bucshon Connolly Ca´ rdenas Granger O’Rourke Aguilar Bustos Conyers Johnson, E. B. Polis Wilson (SC) Castro (TX) Hanna Rice (NY) Ashford Butterfield Cooper Johnson, Sam Price (NC) Wittman Duffy Herrera Beutler Takai Barletta Calvert Costa Jolly Quigley Womack Fattah Jenkins (KS) Yarmuth Joyce Rangel Young (AK) Barr Capps Costello (PA) Fincher Lamborn Kaptur Reichert Young (IA) Barton Capuano Courtney Katko Renacci Young (IN) Bass Carney Cramer b 2306 Keating Richmond Zeldin Beatty Carson (IN) Crawford Becerra Carter (TX) Crenshaw So the amendment was rejected. NOT VOTING—14 Bera Cartwright Crowley The result of the vote was announced Ca´ rdenas Granger O’Rourke Beyer Castor (FL) Cuellar as above recorded. Bishop (GA) Chu, Judy Cummings Castro (TX) Hanna Rice (NY) Blum Cicilline Curbelo (FL) AMENDMENT OFFERED BY MR. DESANTIS Duffy Herrera Beutler Takai Blumenauer Clark (MA) Davis (CA) Fattah Jenkins (KS) Yarmuth The Acting CHAIR. The unfinished Fincher Lamborn Bonamici Clarke (NY) Davis, Danny Bost Clay Davis, Rodney business is the demand for a recorded Boustany Cleaver DeFazio vote on the amendment offered by the b 2302 Boyle, Brendan Clyburn DeGette gentleman from Florida (Mr. So the amendment was rejected. F. Coffman Delaney DESANTIS) on which further pro- Brady (PA) Cohen DeLauro The result of the vote was announced Brooks (IN) Cole DelBene ceedings were postponed and on which as above recorded. Brown (FL) Collins (GA) Denham the ayes prevailed by voice vote.

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00161 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.099 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3260 CONGRESSIONAL RECORD — HOUSE May 25, 2016 The Clerk will redesignate the Wenstrup Wittman Young (IA) the bill (H.R. 5055) making appropria- amendment. Westerman Womack Young (IN) tions for energy and water develop- Westmoreland Woodall Zeldin The Clerk redesignated the amend- Whitfield Yoder Zinke ment and related agencies for the fiscal ment. Williams Yoho year ending September 30, 2017, and for Wilson (SC) Young (AK) RECORDED VOTE other purposes, had come to no resolu- The Acting CHAIR. A recorded vote NOES—168 tion thereon. has been demanded. Adams Fudge Murphy (FL) f Aguilar Gabbard Nadler A recorded vote was ordered. Bass Gallego Napolitano MOTION TO INSTRUCT CONFEREES The Acting CHAIR. This will be a 2- Beatty Garamendi Neal minute vote. Becerra Grayson Nolan ON S. 2012, ENERGY POLICY MOD- Beyer Green, Al Norcross ERNIZATION ACT OF 2016 The vote was taken by electronic de- Bishop (GA) Grijalva Pallone vice, and there were—ayes 251, noes 168, Blumenauer Gutie´rrez Pascrell The SPEAKER pro tempore. The un- not voting 14, as follows: Bonamici Hahn Payne finished business is the vote on the mo- Brady (PA) Hastings Pelosi [Roll No. 263] tion to instruct on the bill (S. 2012) to Brown (FL) Heck (WA) Perlmutter provide for the modernization of the AYES—251 Brownley (CA) Higgins Peterson Bustos Himes Pingree energy policy of the United States, and Abraham Gowdy Murphy (PA) Butterfield Hinojosa Pocan Aderholt Graham Neugebauer for other purposes, offered by the gen- Capps Honda Polis tleman from Arizona (Mr. GRIJALVA) on Allen Graves (GA) Newhouse Capuano Hoyer Price (NC) Amash Graves (LA) Noem Carney Huffman Quigley which the yeas and nays were ordered. Amodei Graves (MO) Nugent Carson (IN) Israel Rangel The Clerk will redesignate the mo- Ashford Green, Gene Nunes Cartwright Jackson Lee Richmond tion. Babin Griffith Olson Castor (FL) Jeffries Roybal-Allard Barletta Grothman Palazzo Chu, Judy Johnson (GA) Ruiz The Clerk redesignated the motion. Barr Guinta Palmer Cicilline Johnson, E. B. Ruppersberger The SPEAKER pro tempore. The Barton Guthrie Paulsen Clark (MA) Kaptur Rush Benishek Hardy Pearce question is on the motion to instruct. Clarke (NY) Keating Ryan (OH) This is a 5-minute vote. Bera Harper Perry Clay Kelly (IL) Sa´ nchez, Linda Bilirakis Harris Peters Cleaver Kennedy T. The vote was taken by electronic de- Bishop (MI) Hartzler Pittenger Clyburn Kildee Sanchez, Loretta vice, and there were—yeas 205, nays Bishop (UT) Heck (NV) Pitts Cohen Kilmer Sarbanes 212, not voting 16, as follows: Black Hensarling Poe (TX) Connolly Kind Schakowsky Blackburn Hice, Jody B. Poliquin Conyers Kirkpatrick Schiff [Roll No. 264] Blum Hill Pompeo Cooper Kuster Scott (VA) YEAS—205 Bost Holding Posey Costa Langevin Serrano Boustany Hudson Price, Tom Courtney Larsen (WA) Sewell (AL) Adams Ellison Lofgren Boyle, Brendan Huelskamp Ratcliffe Crowley Larson (CT) Sinema Aguilar Engel Lowenthal F. Huizenga (MI) Reed Cuellar Lawrence Sires Ashford Eshoo Lowey Brady (TX) Hultgren Reichert Cummings Lee Slaughter Bass Esty Lujan Grisham Brat Hunter Renacci Davis (CA) Levin Smith (WA) Beatty Farr (NM) ´ Bridenstine Hurd (TX) Ribble Davis, Danny Lewis Speier Becerra Fitzpatrick Lujan, Ben Ray Brooks (AL) Hurt (VA) Rice (SC) DeFazio Loebsack Swalwell (CA) Benishek Fortenberry (NM) Brooks (IN) Issa Rigell DeGette Lofgren Takano Bera Foster Lynch Buchanan Jenkins (WV) Roby Delaney Lowenthal Thompson (CA) Beyer Frankel (FL) MacArthur Buck Johnson (OH) Roe (TN) DeLauro Lowey Thompson (MS) Bishop (GA) Fudge Maloney, Bucshon Johnson, Sam Rogers (AL) DelBene Lujan Grisham Titus Blumenauer Gabbard Carolyn Burgess Jolly Rogers (KY) DeSaulnier (NM) Tonko Bonamici Gallego Maloney, Sean Byrne Jones Rohrabacher Deutch Luja´ n, Ben Ray Torres Boyle, Brendan Garamendi Matsui Calvert Jordan Rokita Dingell (NM) Tsongas F. Gibson McCaul Carter (GA) Joyce Rooney (FL) Doggett Lynch Van Hollen Brady (PA) Graham McCollum Carter (TX) Katko Ros-Lehtinen Doyle, Michael Maloney, Veasey Brown (FL) Grayson McDermott Chabot Kelly (MS) Roskam F. Carolyn Vela Brownley (CA) Green, Al McGovern Chaffetz Kelly (PA) Ross Duckworth Matsui Vela´ zquez Bustos Green, Gene McNerney Clawson (FL) King (IA) Rothfus Duncan (TN) McCollum Visclosky Butterfield Grijalva McSally Coffman King (NY) Rouzer Edwards McDermott Walz Capps Guinta Meehan ´ Cole Kinzinger (IL) Royce Ellison McGovern Wasserman Capuano Gutierrez Meeks Collins (GA) Kline Russell Eshoo McNerney Schultz Carney Hahn Meng Collins (NY) Knight Salmon Esty Meeks Waters, Maxine Carson (IN) Hastings Moore Comstock Labrador Sanford Farr Meng Watson Coleman Cartwright Heck (WA) Moulton Conaway LaHood Scalise Foster Moore Welch Castor (FL) Higgins Murphy (FL) Cook LaMalfa Schrader Frankel (FL) Moulton Wilson (FL) Chu, Judy Himes Nadler Costello (PA) Lance Schweikert Cicilline Hinojosa Napolitano Cramer Latta Scott, Austin NOT VOTING—14 Clark (MA) Honda Neal Crawford Lieu, Ted Scott, David Clarke (NY) Hoyer Nolan Ca´ rdenas Granger O’Rourke Crenshaw Lipinski Sensenbrenner Clay Huffman Norcross Castro (TX) Hanna Rice (NY) Culberson LoBiondo Sessions Cleaver Israel Pallone Duffy Herrera Beutler Curbelo (FL) Long Sherman Takai Clyburn Jackson Lee Pascrell Fattah Jenkins (KS) Davis, Rodney Loudermilk Shimkus Yarmuth Cohen Jeffries Payne Fincher Lamborn Denham Love Shuster Connolly Johnson (GA) Pelosi Dent Lucas Simpson b 2309 Conyers Johnson, E. B. Perlmutter DeSantis Luetkemeyer Smith (MO) Cooper Jolly Peters DesJarlais Lummis Smith (NE) So the amendment was agreed to. Costa Kaptur Pingree Diaz-Balart MacArthur Smith (NJ) The result of the vote was announced Costello (PA) Katko Pocan Dold Maloney, Sean Smith (TX) as above recorded. Courtney Keating Poliquin Donovan Marchant Stefanik Crowley Kelly (IL) Polis Duncan (SC) Marino Stewart The Acting CHAIR. The Clerk will Cuellar Kennedy Price (NC) Ellmers (NC) Massie Stivers read. Cummings Kildee Quigley Emmer (MN) McCarthy Stutzman The Clerk read as follows: Davis (CA) Kilmer Rangel Engel McCaul Thompson (PA) Davis, Danny Kind Reichert Farenthold McClintock Thornberry This Act may be cited as the ‘‘Energy and DeFazio King (NY) Richmond Fitzpatrick McHenry Tiberi Water Development and Related Agencies DeGette Kirkpatrick Roybal-Allard Fleischmann McKinley Tipton Appropriations Act, 2017’’. Delaney Kuster Ruiz Fleming McMorris Trott Mr. SIMPSON. Madam Chairman, I DeLauro LaMalfa Ruppersberger Flores Rodgers Turner DelBene Lance Rush Forbes McSally Upton move that the committee do now rise. Dent Langevin Ryan (OH) Fortenberry Meadows Valadao The motion was agreed to. DeSaulnier Larsen (WA) Sa´ nchez, Linda Foxx Meehan Vargas Accordingly, the Committee rose; Deutch Larson (CT) T. Franks (AZ) Messer Wagner Dingell Lawrence Sanchez, Loretta Frelinghuysen Mica Walberg and the Speaker pro tempore (Ms. ROS- Doggett Lee Sarbanes Garrett Miller (FL) Walden LEHTINEN) having assumed the chair, Dold Levin Schakowsky Gibbs Miller (MI) Walker Ms. FOXX, Acting Chair of the Com- Donovan Lewis Schiff Gibson Moolenaar Walorski mittee of the Whole House on the state Doyle, Michael Lieu, Ted Schrader Gohmert Mooney (WV) Walters, Mimi F. Lipinski Scott (VA) Goodlatte Mullin Weber (TX) of the Union, reported that that Com- Duckworth LoBiondo Scott, David Gosar Mulvaney Webster (FL) mittee, having had under consideration Edwards Loebsack Serrano

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00162 Fmt 4634 Sfmt 0634 E:\CR\FM\K25MY7.204 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3261 Sewell (AL) Thompson (CA) Visclosky A motion to reconsider was laid on REPORT ON RESOLUTION RELAT- Sherman Thompson (MS) Walz the table. ING TO CONSIDERATION OF THE Simpson Titus Wasserman Sinema Tonko Schultz The SPEAKER pro tempore. The SENATE AMENDMENT TO H.R. Sires Torres Waters, Maxine Chair will appoint conferees on S. 2012 2577, TRANSPORTATION, HOUSING Slaughter Tsongas Watson Coleman at a later time. AND URBAN DEVELOPMENT, AND Smith (WA) Van Hollen Welch f RELATED AGENCIES APPROPRIA- Speier Vargas Wilson (FL) Stefanik Veasey Zeldin TIONS ACT, 2016 Swalwell (CA) Vela PERSONAL EXPLANATION Zinke Takano Vela´ zquez Ms. JACKSON LEE. Madam Speaker, Mr. COLE, from the Committee on Rules, submitted a privileged report NAYS—212 I was detained in my district on official business on May 24, 2016, and I missed (Rept. No. 114–595) on the resolution (H. Abraham Grothman Pittenger Res. 751) relating to consideration of Aderholt Guthrie Pitts the following rollcall votes: Allen Hardy Poe (TX) Rollcall vote No. 238, I would have the Senate amendment to the bill (H.R. Amash Harper Pompeo voted ‘‘yes.’’ 2577) making appropriations for the De- Amodei Harris Posey partments of Transportation, and Babin Hartzler Price, Tom Rollcall vote No. 237, I would have Barletta Heck (NV) Ratcliffe voted ‘‘no.’’ Housing and Urban Development, and Barr Hensarling Reed Rollcall vote No. 236, I would have related agencies for the fiscal year end- Barton Hice, Jody B. Renacci voted ‘‘yes.’’ ing September 30, 2016, and for other Bilirakis Hill Ribble purposes, which was referred to the Bishop (MI) Holding Rice (SC) Rollcall vote No. 235, I would have Bishop (UT) Hudson Rigell voted ‘‘no.’’ House Calendar and ordered to be Black Huelskamp Roby Rollcall vote No. 234, I would have printed. Blackburn Huizenga (MI) Roe (TN) voted ‘‘no.’’ f Blum Hultgren Rogers (AL) Rollcall vote No. 233, I would have Bost Hunter Rogers (KY) HOUR OF MEETING ON TOMORROW Boustany Hurd (TX) Rohrabacher voted ‘‘no.’’ Brady (TX) Hurt (VA) Rokita Rollcall vote No. 232, I would have Mr. COLE. Madam Speaker, I ask Brat Issa Rooney (FL) voted ‘‘no.’’ unanimous consent that when the Bridenstine Jenkins (WV) Ros-Lehtinen Rollcall vote No. 231, I would have Brooks (AL) Johnson (OH) Roskam House adjourns today, it adjourn to Brooks (IN) Johnson, Sam Ross voted ‘‘no.’’ meet at 9 a.m. tomorrow. Buchanan Jones Rothfus Madam Speaker, on Tuesday, May 24, The SPEAKER pro tempore. Is there Buck Jordan Rouzer 2016, I was attending to representational du- objection to the request of the gen- Bucshon Joyce Royce Burgess Kelly (MS) Russell ties in my congressional district and was not tleman from Oklahoma? Byrne Kelly (PA) Salmon present for Roll Call Votes 231 through 238. I There was no objection. Calvert King (IA) Sanford ask the record to reflect that had I been f Carter (GA) Kinzinger (IL) Scalise present I would have voted as follows: Carter (TX) Kline Schweikert b 2320 Chabot Knight Scott, Austin 1. On Roll Call 238, I would have voted yes. Chaffetz Labrador Sensenbrenner (H.R. 2576—On Concurring in the Senate CELEBRATING 81ST BIRTHDAY OF Clawson (FL) LaHood Sessions Amendment with an Amendment to Frank R. FORMER CONGRESSMAN WIL- Coffman Latta Shimkus Lautenberg Chemical Safety for the 21st Cen- Cole Long Shuster LIAM STUCKEY, JR. tury Act) Collins (GA) Loudermilk Smith (MO) (Mr. CARTER of Georgia asked and Collins (NY) Love Smith (NE) 2. On Roll Call 237, I would have voted no. Comstock Lucas Smith (NJ) (H.R. 897—On Passage of the Zika Vector was given permission to address the Conaway Luetkemeyer Smith (TX) Control Act) House for 1 minute and to revise and Cook Lummis Stewart extend his remarks.) Cramer Marchant Stivers 3. On Roll Call 236, I would have voted yes. Crawford Marino Stutzman (H.R. 897—On Motion to Recommit with In- Mr. CARTER of Georgia. Madam Crenshaw Massie Thompson (PA) structions the Zika Vector Control Act) Speaker, I rise today in recognition of Culberson McCarthy Thornberry 4. On Roll Call 235, I would have voted no. former Congressman William S. Curbelo (FL) McClintock Tiberi Stuckey, Jr.’s 81st birthday today. Davis, Rodney McHenry Tipton (H.R. 5077—On Motion to Suspend the Rules Denham McKinley Trott and Pass, as Amended the Intelligence Au- Born in 1935 in Eastman, Georgia, he DeSantis McMorris Turner thorization Act for Fiscal Year 2017) attended the Georgia Military Acad- DesJarlais Rodgers Upton emy and then graduated from the Uni- Diaz-Balart Meadows Valadao 5. On Roll Call 234, I would have voted no. Duncan (SC) Messer Wagner (H. Res. 742—On Agreeing to the Resolution versity of Georgia in 1956. Ellmers (NC) Mica Walberg Providing for consideration of the Senate For Georgians, he is most known for Emmer (MN) Miller (FL) Walden amendment to the bill (H.R. 2576) to mod- his time spent in Congress from 1967 to Farenthold Miller (MI) Walker 1977, serving the Eighth District of Fleischmann Moolenaar Walorski ernize the Toxic Substances Control Act, and Fleming Mooney (WV) Walters, Mimi for other purposes, and providing for consider- Georgia and later the Ninth District. Flores Mullin Weber (TX) ation of the bill (H.R. 897) Reducing Regu- He went to great lengths to pass leg- Forbes Mulvaney Webster (FL) islation that aided coastal Georgia’s Foxx Murphy (PA) Wenstrup latory Burdens Act, and for other purposes) Franks (AZ) Neugebauer Westerman 6. On Roll Call 233, I would have voted no. environmental heritage, including a Frelinghuysen Newhouse Westmoreland (H. Res. 742—On Ordering the Previous bill that made Cumberland Island a na- Garrett Noem Whitfield Question Providing for consideration of the tional seashore by the United States Gibbs Nugent Williams National Park Service. Gohmert Nunes Wilson (SC) Senate amendment to the bill (H.R. 2576) to Goodlatte Olson Wittman modernize the Toxic Substances Control Act, Thanks to Mr. Stuckey, the island is Gosar Palazzo Womack and for other purposes, and providing for con- an impressive, well-preserved, and se- Gowdy Palmer Woodall sideration of the bill (H.R. 897) Reducing Reg- cluded maritime force that amazes Graves (GA) Paulsen Yoder Graves (LA) Pearce Yoho ulatory Burdens Act, and for other purposes) visitors each year. Graves (MO) Perry Young (IA) 7. On Roll Call 232, I would have voted no. Another environmental bill passed by Griffith Peterson Young (IN) (H. Res. 743—On Agreeing to the Resolution Mr. Stuckey made the Okefenokee NOT VOTING—16 Providing for consideration of the bill (H.R. Swamp a federally protected wilder- Ca´ rdenas Granger Rice (NY) 5055) making appropriations for energy and ness and created trails that visitors Castro (TX) Hanna Takai water development and related agencies for walk along today. Duffy Herrera Beutler Yarmuth the fiscal year ending September 30, 2017, I want to thank Mr. Stuckey for his Duncan (TN) Jenkins (KS) Young (AK) service to Georgia. I wish him a very Fattah Lamborn and for other purposes) Fincher O’Rourke 8. On Roll Call 231, I would have voted no. happy birthday. (H. Res. 743—On Ordering the Previous f b 2316 Question Providing for consideration of the bill So the motion to instruct was re- (H.R. 5055) making appropriations for energy ZIKA VIRUS CRISIS jected. and water development and related agencies (Ms. JACKSON LEE asked and was The result of the vote was announced for the fiscal year ending September 30, 2017, given permission to address the House as above recorded. and for other purposes) for 1 minute.)

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00163 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.104 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3262 CONGRESSIONAL RECORD — HOUSE May 25, 2016 Ms. JACKSON LEE. Madam Speaker, longer ignore the crisis facing our We have to change these policies and as we go home for the Memorial Day State. save the people’s water for California commemoration to honor the fallen in We have heard a lot about Califor- with smarter management. battle, as we go home to commemorate nia’s water woes. Some falsely claim the next step in the lives of many of this bill prioritizes one area over an- f the graduates in our district, it is other. But, also, it includes instead the LEAVE OF ABSENCE shameful that we have not completed strongest possible protections for our work on the full funding to fight northern California’s area of origin and By unanimous consent, leave of ab- the Zika virus crisis and respond to the senior water rights. sence was granted to: President’s request for $1.9 billion. It safeguards the most fundamental Mr. DUFFY (at the request of Mr. Before I left my district on Monday, water right of all. Those who live MCCARTHY) for today after 7:00 p.m. we had a major press conference with where water originates will have access and for the balance of the week on ac- the mayor, the county commissioner, to it. Northern California water discount of the birth of his child. doctors, and others expressing their ap- tricts and farmers are strongly in sup- Mr. LAMBORN (at the request of Mr. prehension and concern about the dan- port of this bill. MCCARTHY) for today after 7:00 p.m. gerousness of the Zika virus. This measure accelerates surface and for the balance of the week on ac- We are trying to inform our constitu- water storage infrastructure projects, count of attending his son’s graduation ents, but we are also pleading for re- such as Sites Reservoir, which this from Harvard Law School. sources to clean up sitting water and year would have saved 1 million acre- f tires and to be able to continue the re- feet of water had it been in place al- search for a vaccine. One of our experts ready. We can’t expect 40 million peo- BILL PRESENTED TO THE indicated that they didn’t know how ple to survive on infrastructure de- PRESIDENT dangerous the Zika virus will be. signed generations ago. Karen L. Haas, Clerk of the House, We have heard wild claims about how Madam Speaker, it is important that reported that on May 24, 2016, she pre- this measure could cause harm to the we do our job. It is appropriate to take sented to the President of the United Endangered Species Act. But, in re- the President’s request and pass it— States, for his approval, the following ality, it lives within the Endangered $1.9 billion—to do our job to fight the bill: Zika virus. Species Act and biological opinions. Wildlife agencies currently base or- H.R. 2814. To name the Department of Vet- f erans Affairs community-based outpatient ders to cut off water to people on HOUSE AMENDMENTS TO S. 2012 clinic in Sevierville, Tennessee, the Dannie hunches, not data. This bill would pro- A. Carr Veterans Outpatient Clinic. (Mr. LAMALFA asked and was given vide actual facts to end the arbitrary permission to address the House for 1 decisions we have seen in recent years. f minute and to revise and extend his re- Finally, it allows more water to be marks.) stored and used during winter storms, ADJOURNMENT Mr. LAMALFA. Madam Speaker, when river flows are highest and there Mr. LAMALFA. Madam Speaker, I with the House amendments to S. 2012, is no impact to fish populations. move that the House do now adjourn. California is moving in the direction of The delta outflows surpassed record The motion was agreed to; accord- doing responsible management of Cali- numbers this year. As a result, very ingly (at 11 o’clock and 25 minutes fornia’s water resources. little water actually got saved and p.m.), under its previous order, the Since this House has taken action, it much was wasted, which could be in House adjourned until tomorrow, is now up to California’s Senatorsh to no the San Luis Reservoir. Thursday, May 26, 2016, at 9 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quarter of 2015 and the second quarter of 2016, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ISRAEL, JORDAN, SAUDI ARABIA, EGYPT, AND GERMANY, EXPENDED BETWEEN APR. 2 AND APR. 10, 2016

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

Hon. Paul Ryan ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Hon. Mac Thornberry ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Hon. Devin Nunes ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Hon. Mike Turner ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Hon. Gregory Meeks ...... 4/3 4 /5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Hon. Kristi Noem ...... 4/3 4 /5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Hon. Ron Kind ...... 4 /3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Hon. Will Hurd ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Paul Irving ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Brian Monahan ...... 4/3 4 /5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Jonathan Burks ...... 4/3 4 /5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Damon Nelson ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Sophia LaFargue ...... 4/3 4 /5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Brendan Buck ...... 4/3 4 /5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Casey Higgins ...... 4/3 4/5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Tory Wickiser ...... 4/3 4 /5 Israel ...... 1,036.00 ...... (3) ...... 1,036.00 Rachel Klay ...... 4 /1 4/5 Israel ...... 1,972.00 ...... 10,682.00 ...... 12,654.00 Hon. Paul Ryan ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Hon. Mac Thornberry ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Hon. Devin Nunes ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Hon. Mike Turner ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Hon. Gregory Meeks ...... 4/5 4 /7 Jordan ...... 780.00 ...... (3) ...... 780.00 Hon. Kristi Noem ...... 4/5 4 /7 Jordan ...... 780.00 ...... (3) ...... 780.00 Hon. Ron Kind ...... 4 /5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Hon. Will Hurd ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Paul Irving ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Brian Monahan ...... 4/5 4 /7 Jordan ...... 780.00 ...... (3) ...... 780.00 Jonathan Burks ...... 4/5 4 /7 Jordan ...... 780.00 ...... (3) ...... 780.00 Damon Nelson ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Sophia LaFargue ...... 4/5 4 /7 Jordan ...... 780.00 ...... (3) ...... 780.00 Brendan Buck ...... 4/5 4 /7 Jordan ...... 780.00 ...... (3) ...... 780.00 Casey Higgins ...... 4/5 4/7 Jordan ...... 780.00 ...... (3) ...... 780.00 Tory Wickiser ...... 4/5 4 /7 Jordan ...... 780.00 ...... (3) ...... 780.00 Robert Fitzpatrick ...... 4 /3 4/7 Jordan ...... 1,809.00 ...... 2,158.00 ...... 3,967.00

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00164 Fmt 4634 Sfmt 8634 E:\CR\FM\K25MY7.211 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3263 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ISRAEL, JORDAN, SAUDI ARABIA, EGYPT, AND GERMANY, EXPENDED BETWEEN APR. 2 AND APR. 10, 2016—Continued

Hon. Paul Ryan ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Hon. Mac Thornberry ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Hon. Devin Nunes ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Hon. Mike Turner ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Hon. Gregory Meeks ...... 4/7 4 /8 Egypt ...... 284.00 ...... 3,112.00 ...... 3,396.00 Hon. Kristi Noem ...... 4/7 4 /8 Egypt ...... 284.00 ...... (3) ...... 284.00 Hon. Ron Kind ...... 4 /7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Hon. Will Hurd ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Paul Irving ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Brian Monahan ...... 4/7 4 /8 Egypt ...... 284.00 ...... (3) ...... 284.00 Jonathan Burks ...... 4/7 4 /8 Egypt ...... 284.00 ...... (3) ...... 284.00 Damon Nelson ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Sophia LaFargue ...... 4/7 4 /8 Egypt ...... 284.00 ...... (3) ...... 284.00 Brendan Buck ...... 4/7 4 /8 Egypt ...... 284.00 ...... (3) ...... 284.00 Casey Higgins ...... 4/7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Tory Wickiser ...... 4/7 4 /8 Egypt ...... 284.00 ...... (3) ...... 284.00 Robert Fitzpatrick ...... 4 /7 4/8 Egypt ...... 284.00 ...... (3) ...... 284.00 Hon. Paul Ryan ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Hon. Mac Thornberry ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Hon. Devin Nunes ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Hon. Mike Turner ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Hon. Kristi Noem ...... 4/8 4 /10 Germany ...... 712.00 ...... (3) ...... 712.00 Hon. Ron Kind ...... 4 /8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Hon. Will Hurd ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Paul Irving ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Brian Monahan ...... 4/8 4 /10 Germany ...... 712.00 ...... (3) ...... 712.00 Jonathan Burks ...... 4/8 4 /10 Germany ...... 712.00 ...... (3) ...... 712.00 Damon Nelson ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Sophia LaFargue ...... 4/8 4 /10 Germany ...... 712.00 ...... (3) ...... 712.00 Brendan Buck ...... 4/8 4 /10 Germany ...... 712.00 ...... (3) ...... 712.00 Casey Higgins ...... 4/8 4/10 Germany ...... 712.00 ...... (3) ...... 712.00 Tory Wickiser ...... 4/8 4 /10 Germany ...... 712.00 ...... (3) ...... 712.00 Robert Dohr ...... 4/6 4/10 Germany ...... 1,824.00 ...... 1,756.00 ...... 3,580.00

Committee total ...... 50,169.00 ...... 17,708.00 ...... 67,877.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. PAUL D. RYAN, May 10, 2016.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ITALY, EXPENDED BETWEEN APR. 15 AND APR. 18, 2016

Hon. Nancy Pelosi ...... 4/15 4/18 Italy ...... 1,392.60 ...... 843.46 ...... 2,236.06 Andrew Hammill ...... 4/15 4/18 Italy ...... 1,392.60 ...... 2,034.36 ...... 3,426.96 Bina Surgeon ...... 4/15 4/18 Italy ...... 1,392.60 ...... 2,041.06 ...... 3,433.66

Committee total ...... 4,177.80 ...... 4,918.88 ...... 9,096.68

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. NANCY PELOSI, May 17, 2016.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2015

Date Per diem 1 Transportation Other purposes Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. George Holding ...... 10 /11 10/13 Vietnam ...... 542.00 ...... (3) ...... 542.00 10/13 10/15 Singapore ...... 906.00 ...... (3) ...... 906.00 10/15 10/16 Malaysia ...... 223.87 ...... (3) ...... 223.87 10/16 10/17 Philippines ...... 462.44 ...... (3) ...... 462.44 Hon. Jason Smith ...... 10/11 10 /13 Vietnam ...... 542.00 ...... (3) ...... 542.00 10/13 10/15 Singapore ...... 906.00 ...... (3) ...... 906.00 10/15 10/16 Malaysia ...... 223.87 ...... (3) ...... 223.87 10/16 10/17 Vietnam ...... 462.44 ...... (3) ...... 462.44 Hon. Linda T. Sa´nchez ...... 11 /20 11 /22 Bosnia ...... 338.42 ...... 11,577.40 ...... 11,915.82 11/22 11/24 Croatia ...... 694.00 ...... 694.00 Angela Ellard ...... 11 /14 11/18 Philippines ...... 1,603.57 ...... 13,872.80 ...... 15,476.37 Stephen Claeys ...... 11/14 11/18 Philippines ...... 1,361.40 ...... 13,872.80 ...... 15,234.20 Katherine Tai ...... 11 /14 11 /18 Philippines ...... 1,242.56 ...... 17,985.80 ...... 19,228.36 Angela Ellard ...... 12 /14 12/18 Kenya ...... 1,459.88 ...... 13,200.20 ...... 14,660.08 Geoff Antell ...... 12/14 12 /18 Kenya ...... 1,207.41 ...... 16,587.20 ...... 17,794.61 Keigan Mull ...... 12/14 12 /18 Kenya ...... 1,662.41 ...... 17,407.20 ...... 19,069.61

Committee total ...... 13,838.27 ...... 104,503.40 ...... 118,341.67

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00165 Fmt 4634 Sfmt 8634 E:\CR\FM\A25MY7.038 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE H3264 CONGRESSIONAL RECORD — HOUSE May 25, 2016 EXECUTIVE COMMUNICATIONS, Policy, Office of the Attorney General, De- By Ms. VELA´ ZQUEZ (for herself, Mr. ETC. partment of Justice, transmitting the De- PIERLUISI, and Mr. SERRANO): partment’s final rule — Federal Agency H.R. 5322. A bill to amend the Investment Under clause 2 of rule XIV, executive Final Regulations Implementing Executive Company Act of 1940 to terminate an exemp- communications were taken from the Order 13559: Fundamental Principles and Pol- tion for companies located in Puerto Rico, Speaker’s table and referred as follows: icymaking Criteria for Partnerships With the Virgin Islands, and any other possession 5493. A letter from the Director, Center for Faith-Based and Other Neighborhood Organi- of the United States; to the Committee on Faith-Based and Neighborhood Partnerships, zations [Docket No.: OAG 149; AG Order No.: Financial Services. Department of Agriculture, transmitting the 3649-2016] (RIN: 1105-AB45) received May 19, By Mr. MARINO (for himself and Ms. Department’s final rule — Federal Agency 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public DELBENE): Final Regulations Implementing Executive Law 104-121, Sec. 251; (110 Stat. 868); to the H.R. 5323. A bill to amend title 18, United Order 13559: Fundamental Principles and Pol- Committee on the Judiciary. States Code, to safeguard data stored abroad, icymaking Criteria for Partnerships With 5500. A letter from the Director, Office of and for other purposes; to the Committee on Faith-Based and Other Neighborhood Organi- Regulation Policy and Management, Office the Judiciary. zations (RIN: 0503-AA55) received May 19, of the General Counsel (02REG), Office of the By Mr. BRAT (for himself, Mr. CULBER- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Secretary, Department of Veterans Affairs, SON, and Mr. MEADOWS): H.R. 5324. A bill to amend the Internal Rev- Law 104-121, Sec. 251; (110 Stat. 868); to the transmitting the Department’s final rule — enue Code of 1986 to expand the permissible Committee on Agriculture. Federal Agency Final Regulations Imple- use of health savings accounts to include 5494. A letter from the Assistant General menting Executive Order 13559: Fundamental health insurance payments and to increase Counsel for Regulations, Office of General Principles and Policymaking Criteria for the dollar limitation for contributions to Counsel, Office of the Secretary, Department Partnerships With Faith-Based and Other health savings accounts, and for other pur- of Housing and Urban Development, trans- Neighborhood Organizations (RIN: 2900-AP05) poses; to the Committee on Ways and Means. mitting the Department’s final rule — Fed- received May 19, 2016, pursuant to 5 U.S.C. By Ms. KUSTER (for herself and Mr. eral Agency Final Regulations Implementing 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 GIBSON): Executive Order 13559: Fundamental Prin- Stat. 868); to the Committee on Veterans’ Af- H.R. 5326. A bill to provide funding for fis- ciples and Policymaking Criteria for Part- fairs. cal year 2017 for the Office of Public Partici- nerships With Faith-Based and Other Neigh- 5501. A letter from the Senior Advisor to pation; to the Committee on Energy and borhood Organizations [Docket No.: FR-5781- the Officer for Civil Rights and Civil Lib- Commerce. F-02] (RIN: 2501-AD65) received May 19, 2015, erties, Office of the Secretary, Department By Ms. KUSTER (for herself and Mr. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law of Homeland Security, transmitting the De- MOONEY of West Virginia): 104-121, Sec. 251; (110 Stat. 868); to the Com- partment’s final rule — Federal Agency Final Regulations Implementing Executive H.R. 5327. A bill to reauthorize and improve mittee on Financial Services. programs related to mental health and sub- 5495. A letter from the Assistant General Order 13559: Fundamental Principles and Pol- icymaking Criteria for Partnerships With stance use disorders; to the Committee on Counsel, Office of the General Counsel, De- Energy and Commerce. partment of Education, transmitting the De- Faith-Based and Other Neighborhood Organi- zations [Docket No.: DHS-2006-0065] (RIN: By Mr. BOUSTANY: partment’s final rule — Federal Agency H.R. 5328. A bill to amend title 5, United 1601-AA40) received May 19, 2016, pursuant to Final Regulations Implementing Executive States Code, to require a general notice of 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. Order 13559: Fundamental Principles and Pol- proposed rule making for a major rule to in- 251; (110 Stat. 868); to the Committee on icymaking Criteria for Partnerships With clude a cost-benefit analysis of the proposed Homeland Security. Faith-Based and Other Neighborhood Organi- rule, and for other purposes; to the Com- zations [ED-2014-OS-0131] (RIN: 1895-AA01) re- f mittee on the Judiciary. ceived May 19, 2016, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON By Mr. KELLY of Pennsylvania: 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 H.R. 5329. A bill to require the National Stat. 868); to the Committee on Education PUBLIC BILLS AND RESOLUTIONS Telecommunications and Information Ad- and the Workforce. Under clause 2 of rule XIII, reports of ministration to extend the IANA functions 5496. A letter from the Principle Deputy committees were delivered to the Clerk contract unless it certifies that the United Assistant Secretary for Policy, Office of the States Government has secured sole owner- Assistant Secretary for Policy, Office of the for printing and reference to the proper calendar, as follows: ship of the .gov and .mil top-level domains, Secretary, Department of Labor, transmit- and for other purposes; to the Committee on ting the Department’s final rule — Federal Mr. GRAVES of Georgia: Committee on Energy and Commerce. Agency Final Regulations Implementing Ex- Appropriations. H.R. 5325. A bill making ap- By Mr. BEN RAY LUJA´ N of New Mex- ecutive Order 13559: Fundamental Principles propriations for the Legislative Branch for ico (for himself, Mrs. NAPOLITANO, and Policymaking Criteria for Partnerships the fiscal year ending September 30, 2017, and Mr. LOEBSACK, Mr. MCNERNEY, Ms. With Faith-Based and Other Neighborhood for other purposes (Rept. 114–594). Referred CLARKE of New York, and Mr. HAS- Organizations (RIN: 1290-AA29) received May to the Committee of the Whole House on the TINGS): 19, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); state of the Union. H.R. 5330. A bill to provide for a report on Public Law 104-121, Sec. 251; (110 Stat. 868); to Mr. COLE: Committee on Rules. House best practices for peer-support specialist pro- the Committee on Education and the Work- Resolution 751. Resolution relating to con- grams, to authorize grants for behavioral force. sideration of the Senate amendment to the health paraprofessional training and edu- 5497. A letter from the Director, HHS Cen- bill (H.R. 2577) making appropriations for the cation, and for other purposes; to the Com- ter for Faith-based and Neighborhood Part- Departments of Transportation, and Housing mittee on Energy and Commerce. nerships, Department of Health and Human and Urban Development, and related agen- By Mr. BEN RAY LUJA´ N of New Mex- Services, transmitting the Department’s cies for the fiscal year ending September 30, ico (for himself, Mr. KENNEDY, Ms. final rule — Federal Agency Final Regula- 2016, and for other purposes (Rept. 114–595). MICHELLE LUJAN GRISHAM of New tions Implementing Executive Order 13559: Referred to the House Calendar. Mexico, Mrs. NAPOLITANO, and Ms. Fundamental Principles and Policymaking f CLARKE of New York): Criteria for Partnerships With Faith-Based H.R. 5331. A bill to amend title XIX of the and Other Neighborhood Organizations (RIN: PUBLIC BILLS AND RESOLUTIONS Social Security Act to provide for behavioral 0991-AB96) received May 19, 2016, pursuant to Under clause 2 of rule XII, public health infrastructure improvements under 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. bills and resolutions of the following the Medicaid program; to the Committee on 251; (110 Stat. 868); to the Committee on En- titles were introduced and severally re- Energy and Commerce. ergy and Commerce. By Mrs. NOEM (for herself, Ms. SCHA- 5498. A letter from the Regulatory Policy ferred, as follows: KOWSKY, Mr. ROYCE, and Mr. ENGEL): Officer, Center for Faith-Based and Commu- By Mr. SAM JOHNSON of Texas (for H.R. 5332. A bill to ensure that the United nity Initiatives, United States Agency for himself and Mr. RENACCI): States promotes the meaningful participa- International Development, transmitting the H.R. 5320. A bill to restrict the inclusion of tion of women in mediation and negotiations Agency’s final rule — Federal Agency Final social security account numbers on docu- processes seeking to prevent, mitigate, or re- Regulations Implementing Executive Order ments sent by mail by the Social Security solve violent conflict; to the Committee on 13559: Fundamental Principles and Policy- Administration, and for other purposes; to Foreign Affairs, and in addition to the Com- making Criteria for Partnerships With the Committee on Ways and Means. mittee on Armed Services, for a period to be Faith-Based and Other Neighborhood Organi- By Mr. POE of Texas (for himself, Mr. subsequently determined by the Speaker, in zations (RIN: 0412-AA75) received May 19, CONYERS, Mr. FARENTHOLD, and Ms. each case for consideration of such provi- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public LOFGREN): sions as fall within the jurisdiction of the Law 104-121, Sec. 251; (110 Stat. 868); to the H.R. 5321. A bill to prevent the proposed committee concerned. Committee on Foreign Affairs. amendments to rule 41 of the Federal Rules By Mr. POMPEO: 5499. A letter from the Acting Deputy As- of Criminal Procedure from taking effect; to H.R. 5333. A bill to impose sanctions in re- sistant Attorney General, Office of Legal the Committee on the Judiciary. lation to violations by Iran of the Geneva

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00166 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.038 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3265 Convention (III) or the right under inter- By Ms. KELLY of Illinois (for herself, gard to any census or enumeration.’’ Left national law to conduct innocent passage, Mr. JEFFRIES, Mr. RANGEL, Mr. undefined in the amendment, the ‘‘incomes’’ and for other purposes; to the Committee on THOMPSON of California, Mrs. LAW- appropriate for taxation must be determined Foreign Affairs, and in addition to the Com- RENCE, Mrs. BEATTY, Mr. HASTINGS, through legislation passed by Congress. Con- mittee on the Judiciary, for a period to be Ms. LEE, Ms. DUCKWORTH, Mrs. WAT- gress therefore has the power to exclude subsequently determined by the Speaker, in SON COLEMAN, and Ms. FUDGE): from income taxation such sources as it each case for consideration of such provi- H. Res. 753. A resolution expressing support deems appropriate. sions as fall within the jurisdiction of the for the designation of June 2, 2016, as ‘‘Na- By Mr. GRAVES of Georgia: committee concerned. tional Gun Violence Awareness Day’’ and H.R. 5325. By Ms. STEFANIK (for herself, Mr. June 2016 as ‘‘National Gun Violence Aware- Congress has the power to enact this legis- COLLINS of New York, Mr. GIBSON, ness Month’’; to the Committee on the Judi- lation pursuant to the following: Mr. HANNA, Mr. KING of New York, ciary. The principal constitutional authority for Mr. KATKO, Mr. HIGGINS, Ms. MENG, By Ms. STEFANIK (for herself, Mr. this legislation is clause 7 of section 9 of ar- Mr. GRIJALVA, Ms. BORDALLO, Mr. COLLINS of New York, Mr. GIBSON, ticle I of the Constitution of the United BENISHEK, Mr. THOMPSON of Cali- Mr. HANNA, Mr. KING of New York, States (the appropriation power), which fornia, Mr. PAULSEN, Mr. DOLD, Mr. Mr. KATKO, Mr. HIGGINS, Ms. MENG, states: ‘‘No Money shall be drawn from the COSTELLO of Pennsylvania, and Mr. Mr. GRIJALVA, Ms. BORDALLO, Mr. Treasury, but in Consequence of Appropria- WALZ): BENISHEK, Mr. THOMPSON of Cali- tions made by Law . . .’’ In addition, clause H.R. 5334. A bill to provide for the issuance fornia, Mr. PAULSEN, Mr. DOLD, Mr. 1 of section 8 of article I of the Constitution of a semipostal to benefit programs that COSTELLO of Pennsylvania, and Mr. (the spending power) provides: ‘‘The Con- combat invasive species; to the Committee WALZ): gress shall have the Power . . . to pay the on Oversight and Government Reform, and H. Res. 754. A resolution expressing the Debts and provide for the common Defence in addition to the Committees on Natural commitment of the House of Representatives and general Welfare of the United States Resources, and Agriculture, for a period to to work to combat the nationwide problem . . .’’ Together, these specific constitutional be subsequently determined by the Speaker, of invasive species threatening native eco- provisions establish the congressional power in each case for consideration of such provi- systems; to the Committee on Natural Re- of the purse, granting Congress the author- sions as fall within the jurisdiction of the sources, and in addition to the Committees ity to appropriate finds, to determine their committee concerned. on Agriculture, and Transportation and In- purpose, amount, and period of availability, By Mr. YOUNG of Iowa (for himself, frastructure, for a period to be subsequently and to set forth terms and conditions gov- Mr. LOEBSACK, Mrs. NOEM, Mr. KING determined by the Speaker, in each case for erning their use. of Iowa, Mr. PETERSON, Mr. EMMER of consideration of such provisions as fall with- By Ms. KUSTER: Minnesota, Mr. BLUM, Mr. LAHOOD, in the jurisdiction of the committee con- H.R. 5326. and Mr. SMITH of Nebraska): cerned. Congress has the power to enact this legis- H.R. 5335. A bill to amend the Internal Rev- lation pursuant to the following: f enue Code of 1986 to expand certain excep- Article I, Section 8—To regulate Com- tions to the private activity bond rules for CONSTITUTIONAL AUTHORITY merce with foreign Nations, and among the first-time farmers, and for other purposes; to STATEMENT several States, and with the Indian Tribes the Committee on Ways and Means. By Ms. KUSTER: By Mr. JONES: Pursuant to clause 7 of rule XII of H.R. 5327. H. Res. 748. A resolution expressing the the Rules of the House of Representa- Congress has the power to enact this legis- sense of the House of Representatives that tives, the following statements are sub- lation pursuant to the following: United States law firms should not represent mitted regarding the specific powers Article I, Section 8 Iran in any judicial proceeding or other ca- granted to Congress in the Constitu- To make all Laws which shall be necessary pacity to assist efforts of Iran to avoid pay- tion to enact the accompanying bill or and proper for carrying into Execution the ing compensation to victims of Iran-spon- joint resolution. foregoing Powers, and all other Powers vest- sored terrorism; to the Committee on the Ju- ed by this Constitution in the Government of diciary. By Mr. SAM JOHNSON of Texas: the United States, or in any Department or By Mr. DEUTCH (for himself, Mr. H.R. 5320. Officer thereof. POSEY, Ms. EDDIE BERNICE JOHNSON of Congress has the power to enact this legis- By Mr. BOUSTANY: Texas, Mr. PERLMUTTER, Mr. MURPHY lation pursuant to the following: H.R. 5328. of Florida, and Mr. BROOKS of Ala- Clause 1 of section 8 of article I of the Con- Congress has the power to enact this legis- bama): stitution to ‘‘provide for the common defense lation pursuant to the following: H. Res. 749. A resolution expressing support and general welfare of the United States.’’ Article I, Section 8, Clause 18 for the designation of May 25 as ‘‘National By Mr. POE of Texas: To make all laws which shall be necessary Moonshot Day’’ and recognizing the impor- H.R. 5321. and proper for carrying into the Execution tance of conquering scientific challenges Congress has the power to enact this legis- the foregoing Powers, and all other Powers from medicine to space and beyond; to the lation pursuant to the following: vested by this Constitution in the Govern- Committee on Education and the Workforce. Article 1, Section 8, Clause 18 ment of the United States, or in any Depart- ´ By Mr. DEUTCH (for himself, Mr. BILI- By Ms. VELAZQUEZ: ment or Officer thereof. RAKIS, Mr. ISRAEL, Mr. KELLY of H.R. 5322. By Mr. KELLY of Pennsylvania: Pennsylvania, Mr. TED LIEU of Cali- Congress has the power to enact this legis- H.R. 5329. fornia, Mr. KINZINGER of Illinois, Mr. lation pursuant to the following: Congress has the power to enact this legis- JEFFRIES, Mr. ZELDIN, and Mrs. DAVIS Article I, Section 8, Clause 3 lation pursuant to the following: of California): The Congress shall have Power * * * To Article I, Section 8, Clause 3 of the United H. Res. 750. A resolution urging the Euro- regulate Commerce with foreign Nations, States Constitution. pean Union to designate Hizballah in its en- and among the several States, and with the By Mr. BEN RAY LUJA´ N of New Mex- tirety as a terrorist organization and in- Indian Tribes. ico: crease pressure on it and its members; to the By Mr. MARINO: H.R. 5330. Committee on Foreign Affairs. H.R. 5323. Congress has the power to enact this legis- By Mr. HASTINGS (for himself, Mr. Congress has the power to enact this legislation pursuant to the following: SHERMAN, Mr. CA´ RDENAS, Mr. GRI- lation pursuant to the following: Article I, Section VIII JALVA, Ms. WILSON of Florida, Mr. Article I, Section 8, Clause 3: ‘‘To regulate By Mr. BEN RAY LUJA´ N of New Mex- DEUTCH, Mr. COHEN, Mr. BRADY of Commerce with foreign Nations, and among ico: Pennsylvania, Ms. LEE, Mr. DEFAZIO, the several States and with the Indian H.R. 5331. Ms. FRANKEL of Florida, Mr. POLIS, Tribes.’’ Congress has the power to enact this legis- Mr. MEEKS, Ms. CLARK of Massachu- Article I, Section 8, Clause 18: ‘‘To make lation pursuant to the following: setts, Mr. CARTWRIGHT, Mr. all Laws which shall be necessary and proper Article I, Section VIII BUCHANAN, Mr. FATTAH, Ms. EDDIE for carrying into Execution the foregoing By Mrs. NOEM: BERNICE JOHNSON of Texas, Ms. Powers. . .’’ H.R. 5332. MOORE, Mr. CLAY, Mr. MURPHY of By Mr. BRAT: Congress has the power to enact this legis- Florida, Mr. KEATING, Mr. DONOVAN, H.R. 5324. lation pursuant to the following: Ms. BONAMICI, Mr. BRENDAN F. BOYLE Congress has the power to enact this legis- Aricle I, Section 8 of Pennsylvania, Mr. CONNOLLY, Ms. lation pursuant to the following: By Mr. POMPEO: NORTON, and Mr. SCOTT of Virginia): The Sixteenth Amendment to the Con- H.R. 5333. H. Res. 752. A resolution condemning the stitution grants Congress ‘‘power to lay and Congress has the power to enact this legis- Dog Meat Festival in Yulin, China, and urg- collect taxes on incomes, from whatever lation pursuant to the following: ing China to end the dog meat trade; to the source derived, without apportionment Clauses 3 Article I, Section 8 of the U.S. Committee on Foreign Affairs. among the several States, and without re- Constitution

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By Ms. STEFANIK: H.R. 3516: Mr. GIBSON and Mr. BARLETTA. BISHOP of Georgia, Ms. MOORE, Mrs. NAPOLI- H.R. 5334. H.R. 3558: Mr. JOLLY. TANO, Mr. GUTIE´ RREZ, Ms. BROWN of Florida, Congress has the power to enact this legis- H.R. 3656: Mr. DOGGETT. Mr. ELLISON, Mr. RANGEL, Ms. BASS, Mr. lation pursuant to the following: H.R. 3687: Ms. CASTOR of Florida, Mr. FARR, BUTTERFIELD, Mr. HASTINGS, Mr. QUIGLEY, Article 1, Section 8 of the United States and Mr. GIBBS. Mr. VEASEY, Mr. RICHMOND, Mr. CLEAVER, Constitution. H.R. 3706: Mr. CUMMINGS and Mr. CON- Mr. HINOJOSA, and Mr. CUMMINGS. By Mr. YOUNG of Iowa: NOLLY. H.R. 5091: Mr. SENSENBRENNER, Mr. H.R. 5335. H.R. 3742: Mr. SMITH of Washington and Ms. ASHFORD, and Mrs. WALORSKI. Congress has the power to enact this legis- MCSALLY. H.R. 5094: Mr. FRELINGHUYSEN and Mr. lation pursuant to the following: H.R. 3929: Mr. MCDERMOTT, Mrs. CAROLYN CARTWRIGHT. Article I, Section 8 of the Constitution of B. MALONEY of New York, Mr. KELLY of Mis- H.R. 5119: Mr. RATCLIFFE, Mr. OLSON, Mr. the United States. sissippi, Mr. HURD of Texas, and Mrs. NAPOLI- COSTELLO of Pennsylvania, Mr. MULVANEY, f TANO. Mr. POSEY, Mr. CRAMER, and Mr. LANCE. H.R. 3957: Mr. MILLER of Florida. H.R. 5124: Mr. SERRANO and Mr. RANGEL. ADDITIONAL SPONSORS H.R. 4013: Ms. JACKSON LEE. H.R. 5143: Mr. WILLIAMS. Under clause 7 of rule XII, sponsors H.R. 4055: Ms. LOFGREN. H.R. 5149: Ms. BROWNLEY of California. H.R. 4062: Mr. PAULSEN. were added to public bills and resolu- H.R. 5190: Mrs. WALORSKI. H.R. 4137: Mr. SMITH of Washington. H.R. 5208: Mrs. COMSTOCK. tions, as follows: H.R. 4141: Mr. BOUSTANY. H.R. 5210: Mr. FORTENBERRY, Mr. SCHRA- H.R. 27: Mr. DUNCAN of South Carolina. H.R. 4161: Ms. ROS-LEHTINEN. DER, Mr. VISCLOSKY, Mr. WHITFIELD, and Ms. H.R. 230: Ms. ROS-LEHTINEN. H.R. 4166: Mr. CARNEY. PINGREE. H.R. 303: Ms. MENG. H.R. 4172: Mr. COHEN. H.R. 5213: Mr. NEUGEBAUER, Mr. H.R. 317: Mr. PERLMUTTER. H.R. 4177: Ms. EDDIE BERNICE JOHNSON of FARENTHOLD, and Mr. SESSIONS. H.R. 347: Mrs. WAGNER. Texas and Ms. DUCKWORTH. H.R. 5214: Mr. HANNA. H.R. 430: Ms. EDDIE BERNICE JOHNSON of H.R. 4247: Mr. ZINKE, Mr. STUTZMAN, Mr. H.R. 5216: Ms. LOFGREN. Texas. DONOVAN, Ms. MCSALLY, Mr. HUIZENGA of H.R. 5224: Mr. KING of Iowa and Mr. SALM- H.R. 499: Mr. ZELDIN. Michigan, Ms. SINEMA, Mr. DEFAZIO, and Mr. ON. H.R. 581: Mrs. DINGELL. BLUMENAUER. H.R. 5234: Mr. TED LIEU of California. H.R. 667: Mr. COSTELLO of Pennsylvania. H.R. 4333: Mr. ROGERS of Alabama, Mr. H.R. 5240: Mr. TAKAI, Mr. BISHOP of Geor- H.R. 711: Mr. DOLD and Mr. KILMER. ROUZER, Mr. ROKITA, Ms. BROWN of Florida, gia, and Ms. KUSTER. H.R. 816: Mr. DUNCAN of Tennessee. Mr. SMITH of New Jersey, and Mrs. CAROLYN H.R. 5265: Mr. TAKANO and Mr. SMITH of H.R. 822: Ms. BROWNLEY of California. B. MALONEY of New York. Washington. H.R. 836: Mr. DONOVAN. H.R. 4365: Mr. KILMER, Ms. BROWNLEY of H.R. 5272: Ms. SLAUGHTER and Mr. POCAN. H.R. 863: Mr. MOOLENAAR. California, Mr. DOLD, Mr. DONOVAN, Mr. H.R. 5275: Mr. MILLER of Florida, Mr. H.R. 911: Mr. THOMPSON of California and WELCH and Mr. GUINTA. BYRNE, Mr. NEUGEBAUER, Mr. ROE of Ten- Mrs. WATSON COLEMAN. H.R. 4386: Mr. HUFFMAN. nessee, Mrs. BLACK, Mr. GIBBS, Mr. BARR, Mr. H.R. 923: Mr. WALKER. H.R. 4435: Mr. COURTNEY, Mr. RYAN of Ohio, STUTZMAN, Mr. WALBERG, Mr. BARTON, Mr. H.R. 964: Mrs. CAROLYN B. MALONEY of New Mr. THOMPSON of California, Mr. CLEAVER, LAMBORN, and Mr. CARTER of Texas. York. Ms. TSONGAS, Mr. KEATING, Mr. ELLISON, and H.R. 5292: Ms. MCCOLLUM, Mr. DANNY K. SSA H.R. 986: Mr. I . Mr. CAPUANO. DAVIS of Illinois, Mr. DUNCAN of Tennessee, H.R. 1197: Mr. KILMER. H.R. 4442: Mr. FORTENBERRY. Ms. SINEMA, Mr. POE of Texas, Mr. AGUILAR, H.R. 1343: Mr. ABRAHAM. H.R. 4448: Mr. SESSIONS. Mr. RYAN of Ohio, Mr. JEFFRIES, Mr. TAKAI, H.R. 1347: Mr. BLUMENAUER. H.R. 4469: Mr. STUTZMAN and Mr. BARR. Mr. GRAVES of Missouri, Mr. MURPHY of H.R. 1427: Mr. BUTTERFIELD. H.R. 4514: Mr. BISHOP of Michigan, Mr. Pennsylvania, and Mr. POSEY. H.R. 1571: Mr. CROWLEY. NADLER, Mr. LARSON of Connecticut, Mr. H.R. 5294: Mr. ADERHOLT, Mrs. BLACK, Mr. H.R. 1594: Mr. KNIGHT and Mr. COSTELLO of CARTWRIGHT, and Mr. GUINTA. FARENTHOLD, Mr. OLSON, Mr. ROUZER, Mr. Pennsylvania. H.R. 4542: Mr. CARTWRIGHT. ABRAHAM, Mr. KING of Iowa, Mr. YOHO, and H.R. 1688: Mr. GOSAR, Ms. GRAHAM, Mr. H.R. 4592: Mr. LOEBSACK, Mr. FARR, Mr. AL Mr. JODY B. HICE of Georgia. CARTWRIGHT, Mr. COHEN, and Mr. BOUSTANY. GREEN of Texas, Ms. WASSERMAN SCHULTZ, H.R. 5307: Mr. PALAZZO. H.R. 1713: Mr. RODNEY DAVIS of Illinois. Mr. VELA, Mr. MURPHY of Florida, Mr. NAD- H. Con. Res. 40: Mr. YARMUTH. H.R. 1736: Mr. NOLAN. LER, Mr. HINOJOSA, and Mr. DOGGETT. H. Con. Res. 114: Mr. POE of Texas. H.R. 1877: Mr. HECK of Nevada. CHIFF INGREE H.R. 4616: Mr. S and Ms. P . H. Con. Res. 128: Mr. ROGERS of Alabama. H.R. 1943: Mrs. DAVIS of California. H.R. 4620: Mr. NEUGEBAUER, Mr. HUIZENGA H. Res. 14: Mr. AL GREEN of Texas, Ms. H.R. 2058: Mr. SMITH of Nebraska. of Michigan, Mrs. WAGNER, and Mr. STIVERS. SLAUGHTER, Mr. NEUGEBAUER, and Mr. REED. H.R. 2096: Ms. KUSTER. H.R. 4626: Mr. GIBBS. H. Res. 94: Mr. DAVID SCOTT of Georgia and H.R. 2218: Mr. BOUSTANY. H.R. 4640: Mr. LEWIS. Mr. TAKANO. H.R. 2264: Mr. AGUILAR. H.R. 4681: Ms. PINGREE. H. Res. 230: Mr. SCHRADER. H.R. 2290: Mr. MCCAUL and Mr. JODY B. H.R. 4693: Mr. CARTWRIGHT. H. Res. 494: Mr. ABRAHAM. HICE of Georgia. H.R. 4715: Mr. ROE of Tennessee. H. Res. 590: Ms. SINEMA. H.R. 2315: Mr. GARRETT, Mr. FLEISCHMANN, H.R. 4730: Mr. BRADY of Texas, Mr. BROOKS H. Res. 650: Ms. CLARKE of New York. and Mr. ASHFORD. of Alabama, and Mr. MEADOWS. H. Res. 660: Mr. SCHIFF, Mr. DESJARLAIS, H.R. 2411: Mr. COHEN and Mr. CARTWRIGHT. H.R. 4764: Mrs. DAVIS of California, Mr. and Mr. DONOVAN. H.R. 2434: Mr. COHEN. BISHOP of Utah, and Mr. HECK of Nevada. H. Res. 683: Mr. HASTINGS. H.R. 2646: Ms. VELA´ ZQUEZ. H.R. 4768: Mr. CARTER of Georgia. H. Res. 705: Mr. JEFFRIES, Ms. WASSERMAN H.R. 2703: Mrs. CAROLYN B. MALONEY of H.R. 4773: Mr. RIGELL, Mr. POLIQUIN, Mr. SCHULTZ, Mr. VAN HOLLEN, and Mr. CARSON New York. NEUGEBAUER, and Mr. BUCHANAN. of Indiana. H.R. 2739: Mr. GUTHRIE and Mr. KILMER. H.R. 4774: Mr. BUTTERFIELD. H. Res. 717: Ms. TITUS. H.R. 2889: Ms. VELA´ ZQUEZ, Mr. CONYERS, H.R. 4796: Mr. NOLAN and Ms. LEE. H. Res. 746: Miss RICE of New York, Ms. Mr. DEFAZIO, Mrs. WATSON COLEMAN, Mr. H.R. 4815: Mr. LANCE. BONAMICI, and Mr. ISRAEL. GUTIE´ RREZ, and Mr. HIGGINS. H.R. 4888: Mr. DESAULNIER, Mr. SMITH of H.R. 2903: Mrs. ELLMERS of North Carolina, Washington, and Ms. SLAUGHTER. f Mr. SHIMKUS, and Ms. MCSALLY. H.R. 4893: Mr. SMITH of Missouri, Mrs. AMENDMENTS H.R. 2938: Mr. CICILLINE. ELLMERS of North Carolina, Mr. BYRNE, and H.R. 2992: Mr. COSTELLO of Pennsylvania, Mr. CARTWRIGHT. Under clause 8 of rule XVIII, pro- Mr. FITZPATRICK, Mr. GUINTA, Mr. LUCAS, Mr. H.R. 4932: Ms. BROWNLEY of California. posed amendments were submitted as CRAWFORD, Mr. NEUGEBAUER, Mr. GIBSON, Mr. H.R. 4956: Mr. BRADY of Texas and Mr. follows: POLIQUIN, Ms. TSONGAS, and Mr. NEAL. YODER. H.R. 5055 H.R. 3084: Ms. ROS-LEHTINEN. H.R. 4979: Mr. GUINTA. H.R. 3092: Mr. SARBANES. H.R. 5035: Mr. VALADAO. OFFERED BY: MR. LOWENTHAL H.R. 3137: Mr. JENKINS of West Virginia. H.R. 5044: Mr. BEN RAY LUJA´ N of New Mex- AMENDMENT NO. 35: At the end of the bill H.R. 3163: Mr. AGUILAR, Mr. VARGAS, Mr. ico, Mr. FOSTER, Mr. DANNY K. DAVIS of Illi- (before the short title), insert the following: LOWENTHAL, and Mr. SMITH of Washington. nois, Mr. DEUTCH, Ms. VELA´ ZQUEZ, Mrs. WAT- SEC. ll (a) None of the funds made avail- H.R. 3229: Mr. BYRNE. SON COLEMAN, Mr. CA´ RDENAS, Mr. GALLEGO, able by this Act may be used in contraven- H.R. 3235: Ms. BROWNLEY of California. Ms. ADAMS, and Miss RICE of New York. tion of Executive Order No. 13547 of July 19, H.R. 3316: Mr. CARTWRIGHT. H.R. 5073: Ms. PINGREE. 2010. H.R. 3411: Mr. NORCROSS. H.R. 5082: Mrs. ELLMERS of North Carolina. (b) None of the funds made available by H.R. 3412: Ms. LORETTA SANCHEZ of Cali- H.R. 5085: Ms. NORTON, Mr. DANNY K. DAVIS this Act may be used to implement, admin- fornia. of Illinois, Mrs. WATSON COLEMAN, Mr. ister, or enforce section 506 of this Act.

VerDate Sep 11 2014 09:23 May 26, 2016 Jkt 059060 PO 00000 Frm 00168 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.041 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE May 25, 2016 CONGRESSIONAL RECORD — HOUSE H3267 H.R. 5055 Interior during calendar years 2015, 2016, or loan guarantee under the Innovative Tech- OFFERED BY: MR. WALKER 2017. nology Loan Guarantee Program under title AMENDMENT NO. 36: At the end of the bill H.R. 5055 XVII of the Energy Policy Act of 2005. (before the short title), insert the following: OFFERED BY: MR. MCNERNEY Amendment to H.R. 5055 SEC. ll. (a) The amounts otherwise made AMENDMENT NO. 38: At the end of the bill available by this Act for the following ac- (before the short title), insert the following: OFFERED BY: MR. GARAMENDI counts of the Department of Energy are SEC. ll. None of the funds made available AMENDMENT NO. 41: At the end of the bill hereby reduced by the following amounts: by this Act may be used to issue Federal (before the short title), insert the following: (1) ‘‘Energy Efficiency and Renewable En- debt forgiveness or capital repayment forgiveness for any district or entity served by SEC. ll. None of the funds made available ergy’’, $400,000. by this Act may be used by the Bureau of (2) ‘‘Nuclear Energy’’, $25,455,000. the Central Valley Project if the district or entity has been subject to an order from the Reclamation to issue a permit for California (3) ‘‘Fossil Energy Research and Develop- WaterFix or, with respect to California ment’’, $13,000,000. Securities and Exchange Commission finding a violation of section 17(a)(2) of the Securi- WaterFix, to provide for compliance under (4) ‘‘Strategic Petroleum Reserve’’, section 102 of the National Environmental $45,000,000. ties Act of 1933 (15 U.S.C. 77q(a)(2)). H.R. 5055 Policy Act of 1969 (42 U.S.C. 4332) or section (5) ‘‘Non-Defense Environmental Cleanup’’, 7 of the Endangered Species Act of 1973 (16 $2,400,000. OFFERED BY: MR. BRAT U.S.C. 1536). (6) ‘‘Science’’, $49,800,000. AMENDMENT NO. 39: At the end of the bill (7) ‘‘Advanced Research Projects Agency- (before the short title), insert the following: Amendment to H.R. 5055 Energy’’, $14,889,000. SEC. ll. None of the funds made available OFFERED BY: MR. MULLIN (b) The amounts otherwise made available by this Act may be used to make or renew a by this Act for the following accounts are loan guarantee under the Innovative Tech- AMENDMENT NO. 42: At the end of the bill hereby reduced by the following amounts: nology Loan Guarantee Program under title (before the short title), insert the following: H.R. 5055 XVII of the Energy Policy Act of 2005 in ex- SEC. ll. Beginning on November 8, 2016, OFFERED BY: MR. MCNERNEY cess of 50 percent of the project cost. through January 20, 2017, none of the funds AMENDMENT NO. 37: At the end of the bill Amendment to H.R. 5055 made available by this Act may be used to (before the short title), insert the following: OFFERED BY MR. BRAT propose or finalize a regulatory action that SEC. ll. No Federal funds under this Act AMENDMENT NO. 40: At the end of the bill is likely to result in a rule that may have an may be used for a project with respect to (before the short title), insert the following: annual effect on the economy of $100,000,000 which an investigation was initiated by the SEC. ll. None of the funds made available or more, as specified in section 3(f)(1) of Ex- Inspector General of the Department of the by this Act may be used to make or renew a ecutive Order No. 12866 of September 30, 1993.

VerDate Sep 11 2014 07:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00169 Fmt 4634 Sfmt 0634 E:\CR\FM\A25MY7.047 H25MYPT1 emcdonald on DSK9F6TC42PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, WEDNESDAY, MAY 25, 2016 No. 83 Senate The Senate met at 10 a.m. and was NATIONAL DEFENSE fare, terrorism, and the proliferation of called to order by the President pro AUTHORIZATION BILL weapons of mass destruction. Critically, this bill will also honor tempore (Mr. HATCH). Mr. MCCONNELL. Mr. President, our commitment to servicemembers, f after 2 days of needless delay from across the aisle, this morning we will their families, and veterans, authorizing raises, supporting Wounded War- PRAYER vote to invoke cloture on the motion riors, and delivering better health care The Chaplain, Dr. Barry C. Black, of- to proceed to the National Defense Au- thorization Act and hopefully adopt and benefits for the men and women fered the following prayer: who stand on guard for us every single Let us pray. that motion quickly thereafter. This critical defense bill passed com- day. O God, who renews our strength and This bill contains sweeping reforms mittee on a strong bipartisan basis; guides us along right paths, we honor designed to advance American innova- there is no reason for further delay Your Name. We do not fear what the tion and preserve our military’s tech- from our Democratic colleagues. The future may bring, for You are close be- nological edge. The funding level it au- National Defense Authorization Act side us. thorizes is the same as what President authorizes funds and sets our policy for Send our Senators forth today to do Obama requested in his budget. our military annually. It is always an right as You give them the ability to As I said earlier, it passed the Armed important bill. It is especially impor- see it. May their deeds fit their words Services Committee on a strong bipar- tant today. and their conduct match their profes- tisan vote, 23 to 3, including every sin- Consider the multitude of threats sion. By Your sustaining grace, may gle Democrat on the committee. The facing us from nearly every corner of their hearts be steadied and stilled, Armed Services chairman, Senator the world. Consider the need to start purged of self and filled with Your MCCAIN, knows what it means to serve. preparing our armed services for the peace and poise. He is always on guard for the men and many global threats the next President As Memorial Day nears, we pause to women of our military. This bill is a will be forced to confront. thank You for those who gave their reflection of his commitment. It is a As I have noted before, some of the commitment to them, and it is a com- lives that this Nation might live. most senior national security officials And, Lord, today we thank You for mitment to every American—to pre- within this administration—such as paring our country in this year of tran- the more than four decades of service Secretary of Defense Carter and Gen- on Capitol Hill by Ruby Paone. We are sition for both the threats we face eral Dunford or those recently retired today and the threats yet to emerge. grateful for the joy she has brought to from service, such as retired General f our lives. As she prepares to leave us, Campbell—have spoken of the need to bless her more than she can ask or better position the next President in OBAMACARE imagine. theaters from Afghanistan to Asia to Mr. MCCONNELL. Mr. President, last We pray in Your mighty Name. Libya. week Senators came to the floor to Amen. So whoever that President is, regard- highlight the continuing broken prom- f less of party, we should take action ises of ObamaCare. We did so in the now to help our next Commander in shadow of proposed double-digit PLEDGE OF ALLEGIANCE Chief in this year of transition. That is ObamaCare premium increases in The President pro tempore led the what this defense legislation before the States across our country, everywhere Pledge of Allegiance, as follows: Senate will help us do. from Tennessee, to Oregon, to New No. 1, it will support our allies and Hampshire. I pledge allegiance to the Flag of the partners, authorizing funds to combat United States of America, and to the Repub- Americans have gotten further bad lic for which it stands, one nation under God, ISIL, preserve gains in Afghanistan, in- news since, including ObamaCare pre- indivisible, with liberty and justice for all. crease readiness at NATO, and assist mium spikes that could reach as high friends like Ukraine. as 83 percent in New Mexico. Each day f No. 2, it will enhance military readi- seems to bring more and more trou- ness, providing more of the equipment, bling news, which could mean heart- RECOGNITION OF THE MAJORITY training, and resources our service- break for even more Americans. Take, LEADER members need. for instance, some headlines from just The PRESIDING OFFICER (Mr. COT- No. 3, it will help keep our country last night: TON). The majority leader is recog- safe, getting us better prepared to con- ‘‘Most Arkansas insurers propose nized. front emerging threats like cyber war- double-digit hikes for 2017.’’

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

S3129

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.000 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3130 CONGRESSIONAL RECORD — SENATE May 25, 2016 ‘‘Some rates in Georgia insurance ex- college. Today, she has served here ican people if, rather than complain, as change could soar in 2017’’—and by longer than any current Senator, save they have for 6 or 7 years, they worked ‘‘soar,’’ they are talking about as high one—the senior Senator from Vermont. with us to try to improve the bill. We as 65 percent. Ruby Paone, our Senate doorkeeper, know it can be improved, but we can’t As one paper put it, there is ‘‘no end has seen a lot in her 41 years in the do it alone. in sight for higher Obamacare pre- Senate. She has watched legends, such So that is how unfortunate this argu- miums.’’ as Baker and Mansfield, in action. She ment has been. We need everything These are not just abstract numbers; has acquired a lot of unique titles, such ObamaCare does. We don’t have any- they can represent real pain for fami- as card desk assistant and reception thing better. And we are not going to lies already stretched to the limits room attendant. do anything to help the poor. That is a under the ObamaCare economy. A re- We are really going to miss her when strange way to conduct business, but cent survey showed that health care she retires later this month. I think that is the way it has been in the fili- costs are now the top financial concern Ruby is looking forward to kicking buster-laden Republican Party since facing American families, ahead of con- back in Myrtle Beach after more than Obama was elected. cerns about low wages and even job four decades of Senate service. More f loss. And what does the Democratic re- importantly, I think she is anxious to DEFENSE AUTHORIZATION AND sponse too often seem to boil down to? spend some time with her family, away DEFENSE APPROPRIATIONS BILLS They say: Just get over it. Get over it. from work. Her son Tommy works at Just the other day, the Democratic the Senate appointments desk. Her Mr. REID. Mr. President, over the leader in the Senate said that Ameri- daughter Stephanie works in the next few weeks, the Senate will be vot- cans who, like us, disagree with the Democratic Cloakroom. Her husband ing on both the Defense authorization pain ObamaCare is causing need to just Marty used to as well. The two of them and Defense appropriations bills, these ‘‘get over it and accept the fact that even met right here in the Senate. two very important pieces of legisla- ObamaCare is here to stay.’’ That is We are glad that Ruby will get to tion. We need to take the time to un- hardly the only callous comment we spend more quality time—that is, non- derstand them and, of course, to read have heard from across the aisle on Senate time—with her family. And we these bills and make sure we are doing ObamaCare. are sure she would like to see a little the right thing. Just reading the De- I would ask Democratic colleagues to more of her son Alexander as well. fense authorization bill is not going to listen to the Americans who continue As Ruby knows, she will be leaving a be an hour-long deal. It is not going to to share heartbreaking ObamaCare sto- family behind here too. She has served be done watching a ball game or watch- ries with us, like these Kentuckians: as surrogate mom of sorts to many ing television programs. Why? It is a Should the Elizabethtown man who doorkeepers, pages, and interns. They very big piece of legislation. This is it. says he can’t afford to see a doctor have looked up to her for wisdom and Try reading that between innings— under his ObamaCare plan, despite the for advice. And it is no wonder. She has 1,664 pages. fact that he pays more for his premium a lifetime of stories and experiences to Chairman MCCAIN may have read than his house payment, just get over share in a retirement that is richly de- this. He may understand every line in it? served. it. He would have a better chance than Should the dad from Owensboro who We will miss Ruby Paone, but we most of us because he is the one who said he has seen his family’s health wish her the very best, and above all, conducted the hearings behind closed costs increase by nearly 250 percent we thank her for her many years of doors—secret sessions. Few outside the under ObamaCare just get over it? service. committee probably know what is in ‘‘What happened to being rewarded for f this monstrous bill, this big bill. working hard in America?’’ this dad Even though the chairman came here asked. ‘‘What happened to the Amer- RECOGNITION OF THE MINORITY on Monday and started complaining ican dream?’’ Many Americans are LEADER about this legislation, if you want to wondering the same thing. The PRESIDING OFFICER. The get an idea how the bill was hastily put ObamaCare continues to write a Democratic leader is recognized. together, consider this. The bill was record of broken promises at the ex- f put together behind closed doors. At 5 pense of the American people. Instead p.m. last night, Senator MCCAIN’s com- OBAMACARE of lowering premiums by up to $2,500 mittee voted on the classified annex to for a typical family, as then-Senator Mr. REID. Mr. President, it is really the Defense authorization bill. He had Obama talked about on the campaign unfortunate that the Republican leader been ranting and raving about Demo- trail, ObamaCare has raised many fam- comes here often and continues to harp crats holding up this bill. That is what ilies’ rates. Instead of making health and complain about ObamaCare, even the Republican leader did here today. care costs more affordable for all, though it is continuing to work. More He didn’t rant and rave, but he did say ObamaCare has led to unaffordable out- than 9 out of 10 Americans now have we are holding it up. But the com- of-pocket costs for families all across health care. This is the best it has ever mittee hadn’t finished its work as of our country. been. It has never been this way before. last night. The bill wasn’t done. They The bottom line is this: ObamaCare They say they want to repeal just finished it last night at 5 p.m. Un- is too often hurting those it proposed ObamaCare. They have tried scores of fortunately, it appears that this mas- to help. It is a direct attack on the times. It hasn’t worked. So I guess sive bill is everything Senator MCCAIN middle class. what they are saying is that they just has in the past complained about. He The Republican-led Senate sent a bill want to get rid of this, and have people says he hated what has gone on in the to President Obama’s desk to repeal go back to the way it used to be. I re- past. this partisan law so we can replace it member and people in America remem- This bill is loaded with special with policies that actually put the ber canceling insurance if they were projects—loaded with them—sprinkled American people first because, let’s re- sick. If they had a real serious illness, with special favors and many different member, the American people do not they would cancel because their bills flavors. It has extraneous provisions, need to get over ObamaCare’s failures. were too high. If they had a preexisting and who knows what else. If there were Our Democratic colleagues need to fi- disability, forget about it—they ever anything that could be identified nally join us in working to end those couldn’t get insurance. If they were a as an earmark or two or three or four failures. college student, they were cut off or a few hundred, it is in this bill. I f quickly; they couldn’t stay on their thought Senator MCCAIN didn’t like family’s insurance policy. Many men that. I can understand why some would TRIBUTE TO RUBY PAONE and women can stay on the insurance want to rush this bill through the Sen- Mr. MCCONNELL. Mr. President, of their parents. ate without a lot of public scrutiny, when Ruby Paone started her first day So we would be much better off with but we are not going to do that. This on the job in 1975, she was fresh out of ObamaCare and with helping the Amer- legislation is far too important.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.002 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3131 I started reading a book last night has not been forthcoming, and for the She recognizes every one of those 383 called ‘‘Red Platoon.’’ It is a brand-new intelligence agencies and our first re- Senators, and there is a reason that she book written by a man who won a sponders. It is wrong not to take care does that. When she was first hired, we Medal of Honor. It talks about a re- of these folks. didn’t have the names and faces in mote outpost in Afghanistan. We know We reached an agreement last year. these books we give to the pages and to what sacrifices the Red Platoon and Now both sides need to keep our prom- new Senators. It wasn’t done that way the men and women who fought in the ises and the agreement for the Amer- then. She had to do it by memorizing new wars in Iraq and Afghanistan ican people. We must treat the middle their names and learning to recognize made. So we know they deserve better class fairly. Make no mistake, as the them when they came into the Capitol than just rushing through this bill. appropriations process moves forward, Rotunda and on the Senate floor. She Hard-working American taxpayers de- we are going to insist on that. would walk around and look for these serve better. I will support cloture on the motion Senators to get to know who they The one thing we can all agree on is to proceed to the Defense authorization were. She grew close to many of these that Americans must have a strong, bill today, even though in 2010 my Senators, including Blanche Lincoln, strong military with the capability to friend, the chairman of the committee, TOM CARPER, and THAD COCHRAN. defend America’s national security in- voted with other Republicans to stop I know Ruby. I know her family quite terests around the world and to protect moving forward on the Defense bill. well. Her husband worked on the Sen- us here at home. There is no dispute But Democrats are willing to proceed ate floor for many years. He was in- about that. deliberately. We are going to hold Re- strumental to Majority Leader George Democrats believe that we must take publicans to their word on the budget Mitchell, Tom Daschle, and me. No one care of our middle class also. We must agreement. We are going to do our jobs, knows the rules of the Senate better know that the security of all Ameri- as we want them to do theirs. Our than Marty Paone. He now works for cans depends not only on the Pen- Armed Forces and middle-class Ameri- President Obama in the Office of Legis- tagon—on bombs and bullets—but also cans deserve nothing less. lative Affairs. He is a very special per- on other national security interests— f son, and I have such admiration for the FBI, the Department of Homeland TRIBUTE TO RUBY PAONE him. Security, the Drug Enforcement Ad- When their children were in high ministration, and the help that comes Mr. REID. Mr. President, my friend school, we would often talk about their through this legislation to local police the Republican leader talked about children—how they played ball, how departments and first responders. That Ruby Paone. I have so much admira- they did well, how they didn’t do so is why we fought so hard as Democrats tion and respect for her that it is hard well the night before. That is what our last year to stop the devastating cuts to put it into words. conversations were about. We didn’t from sequestration, which was gen- In 1975, a young woman from North talk a lot of Senate business, unless we erated by the Republicans and which Carolina came to the U.S. Capitol. She had to. I am sorry to say that we had would have been a disaster for the mili- was overwhelmed by everything, espe- to many times. Marty helped me so tary, our national security, and mil- cially overwhelmed by this huge build- many times through very difficult situ- lions of middle-class Americans. ing she was going to work in. Ruby was ations on the floor. We need a bipartisan budget agree- excited for her first day of work at the To say that I will miss Ruby is an un- ment. We reached that, and it is com- Senate reception desk. But as she ap- derstatement. I want be able to come mendable that the Republican leader proached the Capitol, realizing what to Ruby and say: How is Marty? How is said we want to stick with that. Well, her new job was all about and the new he doing? we need to stick with it because that city, she recalls: ‘‘Walking into this Throughout my entire time in the bipartisan budget agreement was based building, I was overwhelmed.’’ Senate, she has always been here with on the principle that we need to treat It is understandable that she felt a smile and a kind word. She is as the middle class as fairly as the Pen- that way. Many of us have and do feel much a part of this place as anyone tagon. That agreement was intended to the same way. The Capitol was a big who has ever served in the Senate. So avoid another budget fight this year, change for Ruby. She was raised in the I, along with the entire Senate—Sen- but it doesn’t appear that is possible. small town of Bladenboro, NC. She was ators, staff—wish her the best as she I was pleased that my Republican a farm girl who spent her summers embarks on her well-deserved retire- friends stuck to this budget agreement pulling peanuts—I didn’t know you ment. in the committee with both authoriza- pulled peanuts, but that is what they Ruby, thank you very much for your tion and appropriations. But we have do—and harvesting tobacco. Ruby 41 years, 2 months, and 9 days of serv- been told—and told publicly—that they graduated from a small Presbyterian ice. intend to break the bipartisan budget school, St. Andrews University. She is I yield the floor. agreement and propose $18 billion in- the only one in her family to leave creases only for the Pentagon. This their small town in North Carolina. f money is going to come from a strange But as Ruby got situated in her new RESERVATION OF LEADER TIME source. It is going to come from the job that day, another feeling set in. The PRESIDING OFFICER. Under military itself. She said: ‘‘It just felt right to be here.’’ the previous order, the leadership time I had the good fortune of meeting Now, 41 years, 2 months, and 9 days is reserved. with the Secretary of Defense last after she walked through the Capitol Thursday. To use the so-called OCO doors to start a new job, she is leaving. f moneys—they are used for warfighting, It is hard to imagine her not being PROVIDING FOR CONGRESSIONAL and that is why they are put in there— here. To borrow from her own words, DISAPPROVAL OF A RULE SUB- to take this and use it for some other ‘‘it just feels right’’ to have Ruby here. MITTED BY THE SECRETARY OF source or some other purpose is wrong. Tomorrow is going to be her last day AGRICULTURE in the Senate. After more than four My friend talks about how the mili- The PRESIDING OFFICER. Under decades of service to the greatest delib- tary supports this legislation. Of the previous order, the Senate will re- erative body, Ruby is retiring to spend course they do. But they don’t support sume consideration of S.J. Res. 28, C AIN more time with her family. Her fam- what Chairman M C is going to try which the clerk will report. ily’s gain is our loss. She is an institu- to do. In the process, we need only to The senior assistant legislative clerk tion, a fixture in the Senate. She is the look at what else is going on with the read as follows: Republican Senate. They refuse to pro- longest serving woman who works with vide money to fight the Zika virus, to the doorkeepers. She has been here for A joint resolution (S.J. Res. 28) providing for congressional disapproval under chapter 8 stop the terrible situation regarding 7 different Presidential administra- of title 5, United States Code, of the rule opioid drugs. The people of Flint, MI, tions, 10 consecutive inaugurations, 16 submitted by the Secretary of Agriculture are still waiting for help. We need fund- different Sergeants at Arms, and 383 relating to inspection of fish of the order ing for local law enforcement, which different Senators. Siluriformes.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.003 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3132 CONGRESSIONAL RECORD — SENATE May 25, 2016 The PRESIDING OFFICER. Under sumed by Americans if we had in- regime, this will provide needed assurance to the previous order, the time will be spected not just 2 percent but the American consumers, and more equitably as- equally divided between opponents and whole 100 percent. By contrast, the sign the costs of enforcement. For the foregoing reasons, we urge rejec- proponents until 11 a.m., with Senator USDA inspection procedures began in tion of the motion to rescind the catfish in- SHAHEEN controlling 10 minutes of the April, and in that short time the USDA spection rule. proponent time. has intercepted two shipments of for- Sincerely, The Senator from Mississippi. eign catfish containing known carcino- CENTER FOR FOODBORNE Mr. WICKER. Mr. President, I rise in gens in less than 2 weeks. If you do the ILLNESS, RESEARCH & opposition to S.J. Res. 28 and ask to be math, the USDA is intercepting harm- PREVENTION, allowed to speak. ful catfish—and there is no question CONSUMER FEDERATION OF The PRESIDING OFFICER. The Sen- that the carcinogens are harmful and AMERICA, CONSUMERS UNION, ator is recognized. there is no question that we can’t le- Mr. WICKER. Mr. President, it seems FOOD & WATER WATCH, gally bring this contaminated catfish NATIONAL CONSUMER there are only two speakers. So per- in—at a rate 21 times greater than LEAGUE, haps we will be able to finish this dis- under the old procedure under the STOP FOODBORNE ILLNESS. cussion by the top of the hour. FDA. Mr. WICKER. Mr. President, I will Last week, the Senate appropriated a It is mystifying that we will soon read a few sentences from the second large sum of money to fight the threat vote on a resolution that would go paragraph of this Safe Food Coalition of the Zika virus. We are going to back to the old way. We caught two letter, which is signed by a coalition, spend, together with what was already deadly shipments in the last 2 weeks, including the Center for Foodborne Ill- available and what was appropriated and we have before us today a resolu- ness Research & Prevention, the Con- last week, at least $1 billion fighting tion that would put us back to a proce- sumer Federation of America, the Con- this Zika threat and probably $2 bil- dure that found two violations in the sumers Union, Food & Water Watch, lion, and rightly so because Zika is a course of 2 years. the National Consumers League, and potential health threat to Americans. Mr. President, I ask unanimous con- STOP Foodborne Illness. Those groups We believe it is money well spent to sent that the letter, dated May 24, 2016, have formed this coalition, and they prevent more serious diseases and more from the Safe Food Coalition be print- say this: serious afflictions to Americans. Yet ed in the RECORD. Starkly different catfish farming practices we have in place today a USDA pro- There being no objection, the mate- in foreign countries, often accompanied by gram that is protecting Americans rial was ordered to be printed in the inadequate environmental and food safety against 175,000 cases of cancer, accord- RECORD, as follows: standards, raise significant public health ing to USDA documents. It is pro- SAFE FOOD COALITION, concerns. The FDA regulation of catfish did tecting Americans against 91 million Washington, DC, May 24, 2016. not sufficiently address those concerns. exposures to antimicrobials. DEAR SENATOR: The undersigned members of the Safe Food Coalition write to strongly Two percent of all imports were in- This USDA catfish inspection pro- oppose S.J. Res. 28, which provides for con- spected and the others came in without gram that is under threat this morning gressional disapproval and nullification, a single look from the government. is protecting Americans from some 23.3 under the Congressional Review Act, of the The letter continues: million exposures to heavy metals, and final rule for a mandatory inspection pro- As the U.S. Government Accountability yet this program cost the taxpayers, in gram for fish of the order Siluriformes, in- Office found in 2011, FDA’s inspection of im- the Department of Agriculture, only cluding catfish and catfish products (‘‘cat- ported seafood products was ‘‘ineffectively $1.1 million a year. Compared to the $1 fish’’). Congress transferred regulation of implemented’’ and subjected just 0.1% of all billion or $2 billion we are going to catfish from the Food and Drug Administra- imported seafood products to testing for tion (FDA) to the U.S. Department of Agri- spend on Zika, a relatively small $1.1 drug residues. Yet chemical residue viola- culture’s Food Safety and Inspection Service tions in imported catfish are rampant. Ac- million a year is protecting Americans (FSIS) as part of the 2008 Farm Bill. Since cording to testing performed by FDA and the against contaminated foreign catfish then, we have supported FSIS rulemaking in Agriculture Marketing Service, fully 9% of coming in from overseas. written comments and in public meetings. imported catfish products tested positive for We have been inspecting imported Starkly different catfish farming practices the banned antimicrobial chemical mala- fish for quite a while in the United in foreign countries, often accompanied by chite green, and 2% tested positive for the States of America. Under the old proce- inadequate environmental and food safety banned chemical gentian violet. dure, the Food and Drug Administra- standards, raise significant public health I will simply say, these people don’t concerns. The FDA regulation of catfish did tion inspected imported catfish. There not sufficiently address those concerns. As have an ax to grind. They don’t stand was a problem. Under the old proce- the U.S. Government Accountability Office to make a lot of money by selling dure, FDA inspected only 2 percent of found in 2011, FDA’s inspection of imported cheap catfish to the American con- all imports and what we found out was seafood products was ‘‘ineffectively imple- sumer. They are looking out for food that in the 98 percent of catfish im- mented,’’ and subjected just 0.1% of all im- safety, and they say there is a starkly ports that were coming in, there was a ported seafood products to testing for drug different farming practice here than lot of bad stuff coming in that threat- residues. Yet chemical residue violations in they have in foreign countries. It ened Americans and their good health. imported catfish are rampant. According to strikes me as stunning that with the testing performed by FDA and the Agri- In 2008 Congress passed—and the culture Marketing Service, fully 9% of im- starkly different practices—the unsafe President made a change to it, which ported catfish products tested positive for practices in Vietnam and places like was reiterated in 2012 and has recently the banned antimicrobial chemical mala- that in Asia and the safe practices been enacted—the farm bill. It provides chite green, and 2% tested positive for the here—that we would be about to vote for 100 percent inspection of foreign banned chemical gentian violet. in a few moments on a procedure that catfish instead of the 2 percent that we The FSIS inspection program, and its con- is very tough on catfish produced by had before. tinuous inspection requirement, will provide American workers. If this resolution What has been the result of that? By a sorely needed safeguard against this type of adulteration. The program, which applies passes today, 100 percent of catfish pro- comparison, when the FDA was in- to both domestic and foreign processors, induced by American workers earning a specting Vietnamese and other foreign corporates more robust import inspection living and doing this for their families catfish coming into the United States protocols. These more rigorous standards are will be subject to inspection, and only during the years 2014 and 2015, the FDA already paying off. Within the past two 2 percent will be subjected—only 2 per- picked up on a whopping total of two weeks, FSIS inspectors have detained two cent of the starkly different catfish shipments of foreign catfish containing shipments from Vietnam of catfish products procedures that are potentially bring- known carcinogens over the course of adulterated with gentian violet, malachite ing in carcinogens—will be subjected to more than 2 years. I am glad they green, enrofloxacin, and fluoroquinolone—all banned substances under U.S. law. Under the testing by the government. It is com- found those carcinogens and stopped new inspection program, these importers will pletely backward. these cancer-causing agents from com- have to cover the expense of test-and-hold I hope my colleagues will vote no on ing in, but think of what we could have sampling while they undertake corrective final passage of this S.J. Res. 28. Let’s discovered that was eventually con- actions. Compared to the former inspection treat American workers at least the

VerDate Sep 11 2014 04:22 May 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.004 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3133 same as we treat foreign workers. Let’s I appreciate that there have been a I am hopeful that my colleagues will treat products grown and produced in couple of examples given in the last join me in supporting this important America the same as products grown few weeks of imported catfish. I think resolution to block the USDA catfish and produced in foreign countries, and we ought to address that and do it very inspection program once and for all. let’s do it in the name of food safety. quickly, in the same way we address Thank you, Mr. President. I thank the Presiding Officer. domestic problems with our food sys- I yield the floor. I yield the floor. tem and do it very quickly. Mr. COCHRAN. Mr. President, I The PRESIDING OFFICER. The Sen- Officials from the FDA and USDA strongly urge the Senate to reject S.J. ator from New Hampshire. have explicitly stated that catfish is a Res. 28, which would overturn a catfish Mrs. SHAHEEN. Mr. President, I rise low-risk food. The USDA acknowledges inspection rule that is working to pro- to support this Congressional Review in its own risk assessment that no one tect American consumers. Act resolution to block the USDA cat- has gotten sick from eating domestic In both the 2008 and 2014 farm bills, fish inspection program. or foreign catfish for more than 20 Congress directed the administration Despite what my colleague from Mis- years. The USDA catfish inspection to transfer authority for catfish inspec- sissippi has said, there is no evidence program is a classic example of waste- tion from the Food and Drug Adminis- that the catfish program provides any ful and duplicative government regula- tration to the U.S. Department of Agri- additional food safety benefit. It was tion that is hurting our economy, and culture. We did so based on evidence designed to create a trade barrier. it is expensive. The FDA has been in- that the FDA inspection regime then I appreciate the opposition of my col- specting catfish up until now for less in place was inadequate. league from Mississippi. He is working than $1 million a year. The USDA, by And we have been proven right. The for his catfish farmers in Mississippi. I comparison, has spent more than $20 FDA’s inspection regime was inad- know I like Mississippi catfish, but I million to set up the program without equate. like all kinds of catfish. In fact, the inspecting a single catfish during that Over the course of 2 years, from 2014– USDA, FDA, CDC, and the GAO have time. Going forward, estimates are 2015, the FDA caught a total of two all confirmed that catfish, both domes- that the program could cost as much as shipments of foreign catfish containing tic and imported, is already safe under $15 million to operate per year. known dangerous cancer-causing FDA’s jurisdiction. In fact, you are The Government Accountability Of- chemicals that are illegal in the United more likely to get hit by lightning fice, GAO, has recommended elimi- States—two shipments over 2 years. than to get sick from imported or donating this program 10 separate times. Under the catfish inspection rule, If there is no food safety benefit, mestic catfish. USDA has intercepted two shipments costing millions and actively hurting Let’s not lose sight of what we are of foreign catfish containing illegal, jobs across the country, why was this talking about. The FDA inspects hun- cancer-causing chemicals in less than 2 program created in the first place? dreds of species of domestic and im- weeks. This program, as I said earlier, is a ported seafood. There is nothing par- If you do the math, USDA is inter- thinly disguised illegal trade barrier ticularly dangerous about catfish that cepting harmful catfish at a rate near- against foreign catfish. This kind of a ly 21 times greater than the rate at merits setting up a whole separate in- barrier leaves us vulnerable on other spection program under the U.S. De- which FDA was before its inadequate American products, such as beef, soy, program was closed down. partment of Agriculture. The fact is, poultry, and grain, to a wide variety of the FDA is responsible for the safety of USDA’s inspection program has al- objections from any WTO nation. Since ready proven to better safeguard con- most—about 80 to 90 percent—of all there is no scientific basis for what we U.S. domestic and imported foods, and sumer safety than FDA, which makes are doing, any WTO nation that cur- sense. After all, USDA is the most ex- it has years of successful expertise in rently exports catfish to the United the unique area of seafood safety. The perienced, well-equipped agency to en- States could challenge it and secure sure farm-raised meat products, includ- FDA system has worked for both do- WTO sanction trade retaliation against mestic and imported seafood, and it ing catfish, are as safe as possible. a wide range of U.S. exports, as I said, The catfish rule is not costly. The has done so for years. things like beef, soy, poultry, grain, Congressional Budget Office has said Let’s talk about how we got to this fruit, and cotton, to name a few. this resolution won’t save a dime. point. Before 2008, the Food and Drug Again, it is important to go back and The catfish rule is not duplicative. Administration was responsible for in- note how this policy change was cre- The FDA ceased all catfish inspections specting all foreign and domestic fish ated. It was not included in either on March 1 of this year. USDA is now products. The Department of Agri- version of the 2008 farm bill that passed the only agency charged with inspect- culture inspected livestock, such as the House and Senate, and it was never ing catfish. beef, pork, and poultry. However, a voted on or debated in either Chamber The catfish rule does not create a provision was added to the 2008 farm before it was enacted. It was secretly trade barrier. The rule applies equally bill that transferred the inspection of included in the final version of the to foreign and domestic producers. catfish—not all imported seafood, just farm bill by the conference committee USDA has stated that the rule is com- catfish—to the U.S. Department of Ag- in 2008. The only other time the Senate pliant with the World Trade Organiza- riculture, requiring that agency to set has voted on this issue was in 2012, and tion’s equivalency standard. up a new, separate program to inspect we voted to repeal it in a strong bipar- The catfish rule has already been just catfish alone. Again, inspection of tisan voice vote. proven to keep American consumers all other noncatfish seafood remains at The resolution we are talking about safe from illegal, cancer-causing the Food and Drug Administration, and today has strong bipartisan support. A chemicals. Adoption of this resolution it still does today. This means that discharge petition was signed by 16 would not change the law regarding seafood businesses across this country Democrats and 17 Republicans in order catfish inspection. It would only call that handle catfish are now subject to to initiate floor action and, most im- into question, and potentially halt, the two different sets of regulations from portantly, this resolution actually has ability of the U.S. Government to two completely separate Federal agen- the chance to become enacted into law. carry out these proven consumer safety cies. This is not a program this administra- protections. I have heard from businesses in New tion ever wanted to have to implement. It is clear that the inspection rule is Hampshire and across the country that In fact, it delayed implementing a final working as intended to protect U.S. are being hit by these burdensome new program for 8 years, I think in hopes consumers. Congress was right in twice regulations. They are affecting their that we in Congress would finally be mandating these inspections. ability to grow and create jobs. There able to get a vote that repealed the I hope Senators will reject this reso- is no scientific or food safety benefit program. Unfortunately, this is an ex- lution. gained from this new program. There is pensive and harmful special interest Mrs. SHAHEEN. I suggest the ab- no evidence that transferring catfish program—something some might call sence of a quorum. inspection to the USDA will improve an earmark—and it is already having The PRESIDING OFFICER. The consumer safety. severe impacts on some businesses. clerk will call the roll.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.006 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3134 CONGRESSIONAL RECORD — SENATE May 25, 2016 The senior assistant legislative clerk me, if that is your view, but then don’t found this to be duplicative and waste- proceeded to call the roll. come to the floor and call yourself a ful. Mrs. SHAHEEN. Mr. President, I ask fiscal conservative if you are willing to For some reason, there is a special unanimous consent that the order for spend $14 million a year that is not office for catfish but no other fish spe- the quorum call be rescinded. needed and not wanted and is clearly cies. The USDA normally inspects The PRESIDING OFFICER. Without duplicative and especially is ear- meat and poultry, not fish, so to waste objection, it is so ordered. marked for a special interest—i.e., the taxpayer dollars this way lacks com- Mrs. SHAHEEN. Mr. President, I ask catfish industry in Southern States. So mon sense. unanimous consent that the time in a vote however you want, but don’t come I say to my friend from Mississippi, I quorum call be charged equally to both back to the floor when you see a dupli- know he made an argument on the sides. cative or wasteful program and say you Budget Committee, but the Budget The PRESIDING OFFICER. Without are all for saving the taxpayers’ dol- Committee’s opinion basically says objection, it is so ordered. lars, because you are voting to spend there is no direct spending. We all Mrs. SHAHEEN. I suggest the ab- $14 million of the taxpayers’ dollars on know that a lot of domestic spending is sence of a quorum. a duplicative and unnecessary pro- discretionary spending, and discre- The PRESIDING OFFICER. The gram. tionary spending will continue on this clerk will call the roll. Don’t wonder why only 12 percent of program. The GAO has found that this The senior assistant legislative clerk the American people approve of what costs an additional $14 million a year, proceeded to call the roll. we do. The reason is because we allow this duplicative program. By the way, Mr. MCCAIN. Mr. President, I ask programs such as this, where parochial the $1.5 million that has been cited has unanimous consent that the order for interests override what is clearly the not been confirmed by GAO. the quorum call be rescinded. national interest and the taxpayers’ in- Colleagues, let’s not be bottom dwell- The PRESIDING OFFICER. Without terest. That is why the Center for Indi- ers. Let’s get rid of duplicative and wasteful spending. We have 10 GAO re- objection, it is so ordered. vidual Freedom, the National Tax- ports stacked up. We can get rid of this Mr. MCCAIN. Mr. President, this payers Union, the Heritage Founda- duplicative program that inspects cat- morning we will be voting on a joint tion, the Taxpayers for Protection Alli- fish, which is already inspected by the resolution of disapproval for the rule ance, the Campaign for Liberty, the FDA. By the way, as Senator MCCAIN that establishes the U.S. Department Independent Women’s Forum, the Na- has said, the FDA has intercepted the of Agriculture’s catfish inspection pro- tional Taxpayers Union, the Taxpayers toxins my colleagues and friends from gram. As I mentioned yesterday, I for Common Sense, and on and on, are Mississippi have cited as well as toxins would remind my colleagues that the all totally in favor of this resolution. found in domestic fish. They know how General Accounting Office, a watchdog Every watchdog organization in this to do this, and we don’t need a special organization we rely on for their views, town and in this country favors this particularly on fiscal issues and mat- office for catfish. resolution. The PRESIDING OFFICER. The Sen- ters—and I think that of all the insti- I also point out that one of the argu- tutions of government right now, prob- ator’s time has expired. ments my dear friend from Mississippi The Senator from Mississippi. ably the GAO is arguably the most re- will raise again is that somehow, un- Mr. WICKER. Mr. President, I oppose spected—GAO has warned in 10 dif- less we have this special office, this the resolution. My friend from New ferent reports between 2009 and 2016 specific office for inspecting catfish, Hampshire has said: Let’s inspect cat- that ‘‘the responsibility of inspecting there will be a problem with the safety fish like all other catfish. I would tell catfish should not be assigned to the of the catfish that are imported into her and I would tell my colleagues that USDA,’’ calling the program ‘‘waste- this country. In classic farm bill poli- American-produced catfish is inspected ful’’ of tax dollars and ‘‘duplicative’’ of tics, proponents worked up specious by the USDA at a rate of 100 percent. If the FDA’s existing inspections on all talking points about how Americans the resolution passes, that will not other seafood products. need a whole new government agency apply to foreign catfish. How does that That is an interesting item, I say to to inspect catfish imports. As a result, make sense? How is that fair to Ameri- my colleagues. The FDA performs in- USDA has begun operating a program cans? How is that fair to American spections on every seafood product that will require foreign importers to consumers when we have information that comes into the United States of adjust the catfish program over a pe- that indicates clearly that there are America. And guess what. There is riod of 5 to 7 years while the USDA du- different, less safe procedures overseas only one, and that is catfish. plicates the FDA’s inspection program. than we have in the United States? Let’s be very blunt about the reality. The PRESIDING OFFICER. The time Yes, let’s treat all catfish the same. We The reality of this is to stop the com- for the opponents has expired. inspect American catfish; let’s inspect petition from foreign sources—specifi- Mr. MCCAIN. All I can say is that the foreign catfish. cally one of which is the country of FDA has been doing this job for years We can say this new program is ex- Vietnam—from coming into this coun- and has intercepted banned compounds pensive, and I guess if we say it try. It isn’t much more complicated in foreign imported catfish, and I enough, it becomes true. But the fact is than that when you see that there is would point out that the USDA has en- that the agency that is going to en- only one. And by the way, that only countered problems in domestic catfish force this program, the USDA, says it one, according to the GAO, cost the as well. is going to cost $1.1 million a year. It taxpayers $19.9 million to develop and The PRESIDING OFFICER. The time seems like a reasonable cost to prevent study the inspection program, and the for the opponents has expired. cancer-causing agents from coming in GAO says it will cost the Federal Gov- The Senator from Mississippi. from overseas, goods that will be eaten ernment an additional $14 million an- Mr. WICKER. Mr. President, do I un- by Americans. nually to run the program. The GAO derstand that the proponents of this One could say that it is duplicative, found that the Food and Drug Adminis- resolution have 4 minutes remaining? and I guess if it is said enough, one tration currently spends less than The PRESIDING OFFICER. The Sen- might think it becomes true. But the $700,000 annually to inspect catfish. So, ator is correct. fact is that the FDA is out of the in- according to my calculations, over $13 Mr. WICKER. Mr. President, I yield 1 spection business, according to law, million a year will be saved by doing minute of that time to my friend from and the USDA is in the business, and away with this duplicative inspection New Hampshire who has sought rec- they can do it for $1 million a year. program. ognition and then reserve 3 minutes for That is not a duplication. I noticed in the vote yesterday that a myself. I am happy to yield to the Sen- Saying it is expensive doesn’t make majority of my colleagues on this side ator from New Hampshire. it true, and saying it is duplicative of the aisle who call themselves fiscal The PRESIDING OFFICER. The Sen- doesn’t make it true. The facts are ex- conservatives, including the Chair, ator from New Hampshire. actly otherwise. have said: Well, we want to keep this Ms. AYOTTE. Mr. President, first of This is about food safety. This is duplicative program. That is fine with all, we have 10 GAO reports that have about preventing cancer-causing

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.008 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3135 agents from coming in and being con- 2015), and such rule shall have no force or ef- Murray Rubio Thune sumed by Americans. Now is the time. fect. Nelson Sasse Tillis Paul Schatz Toomey This is the time to vote no, to protect f Perdue Schumer Udall American consumers from cancer-caus- Peters Scott Vitter ing agents. Portman Sessions Warner CLOTURE MOTION Reed Shaheen I yield the floor. Warren The PRESIDING OFFICER. Pursuant Reid Shelby Whitehouse The PRESIDING OFFICER. All time Risch Stabenow to rule XXII, the Chair lays before the Wicker has expired. Roberts Sullivan Senate the pending cloture motion, Wyden The joint resolution was ordered to Rounds Tester which the clerk will state. be engrossed for a third reading and NOT VOTING—2 The legislative clerk read as follows: was read the third time. Cruz Sanders CLOTURE MOTION The PRESIDING OFFICER. The joint The PRESIDING OFFICER. On this resolution having been read the third We, the undersigned Senators, in accordance with the provisions of rule XXII of the vote, the yeas are 98, the nays are 0. time, the question is, Shall the joint Three-fifths of the Senators duly cho- resolution pass? Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- sen and sworn having voted in the af- Mr. WICKER. Mr. President, I ask for tion to proceed to Calendar No. 469, S. 2943, firmative, the motion is agreed to. the yeas and nays. a bill to authorize appropriations for fiscal f The PRESIDING OFFICER. Is there a year 2017 for military activities of the De- sufficient second? partment of Defense, for military construc- NATIONAL DEFENSE AUTHORIZA- There appears to be a sufficient section, and for defense activities of the Depart- TION ACT FOR FISCAL YEAR ond. ment of Energy, to prescribe military per- 2017—MOTION TO PROCEED The clerk will call the roll. sonnel strengths for such fiscal year, and for other purposes. The PRESIDING OFFICER. The The legislative clerk called the roll. clerk will report the motion to pro- Mr. CORNYN. The following Senator John McCain, Thad Cochran, Lindsey Graham, Joni Ernst, James M. Inhofe, ceed. is necessarily absent: the Senator from Tom Cotton, Kelly Ayotte, Richard The legislative clerk read as follows: Texas (Mr. CRUZ). Burr, Cory Gardner, Jeff Sessions, Motion to proceed to Calendar No. 469, S. Mr. DURBIN. I announce that the Thom Tillis, Mike Rounds, Dan Sul- 2943, a bill to authorize appropriations for Senator from Vermont (Mr. SANDERS) livan, Orrin G. Hatch, Tim Scott, John fiscal year 2017 for military activities of the is necessarily absent. Cornyn, Mitch McConnell. Department of Defense, for military con- The PRESIDING OFFICER (Mr. SUL- The PRESIDING OFFICER. By unan- struction, and for defense activities of the LIVAN). Are there any other Senators in imous consent, the mandatory quorum Department of Energy, to prescribe military the Chamber desiring to vote? call has been waived. personnel strengths for such fiscal year, and The result was announced—yeas 55, The question is, Is it the sense of the for other purposes. nays 43, as follows: Senate that debate on the motion to The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 86 Leg.] proceed to S. 2943, an original bill to ator from Arkansas. YEAS—55 authorize appropriations for fiscal year Mr. COTTON. Mr. President, it is an honor to serve in the Senate. It is an Alexander Franken Nelson 2017 for military activities of the De- Ayotte Gardner Peters partment of Defense, for military con- honor to serve the people of Arkansas. Bennet Grassley Reed struction, and for defense activities of I would never complain about the tasks Blumenthal Hatch Reid the Department of Energy, to prescribe we are given. Booker Heinrich Risch Burr Heller military personnel strengths for such There is one small burden I bear, Rubio though. As a junior Senator, I preside Cantwell Isakson Sasse fiscal year, and for other purposes, Carper Johnson Schumer shall be brought to a close? over the Senate—I usually do it in the Casey Kaine Shaheen mornings—which means I am forced to Coats King The yeas and nays are mandatory Sullivan Coons Kirk under the rule. listen to the bitter, vulgar, incoherent Tillis Corker Klobuchar The clerk will call the roll. ramblings of the minority leader. Nor- Cornyn Lankford Toomey mally, like every other American, I ig- Crapo Lee Udall The bill clerk called the roll. Daines Markey Warner Mr. CORNYN. The following Senator nore them. I can’t ignore them today, Enzi McCain Warren is necessarily absent: the Senator from however. Ernst McCaskill Whitehouse Texas (Mr. CRUZ). The minority leader came to the Feinstein Menendez Wyden floor, grinding the Senate to a halt all Flake Murray Mr. DURBIN. I announce that the Senator from Vermont (Mr. SANDERS) week long, saying that we haven’t had NAYS—43 is necessarily absent. time to read this Defense bill; that it Baldwin Gillibrand Perdue The PRESIDING OFFICER. Are there was written in the dead of night. Barrasso Graham Portman We just had a vote that passed 98 to Blunt Heitkamp any other Senators in the Chamber de- Roberts 0. It could have passed unanimously 2 Boozman Hirono Rounds siring to vote? Boxer Hoeven Schatz The yeas and nays resulted—yeas 98, days ago. Let’s examine these claims Brown Inhofe Scott nays 0, as follows: that we haven’t had time to read it—98 Capito Leahy Sessions to 0—and in committee, all the Demo- Cardin Manchin Shelby [Rollcall Vote No. 87 Leg.] Cassidy McConnell crats on the Armed Services Com- Stabenow YEAS—98 Cochran Merkley Tester mittee voted in favor of it. When was Collins Mikulski Alexander Corker Hoeven Thune the last time the minority leader read Cotton Moran Ayotte Cornyn Inhofe Donnelly Murkowski Vitter Baldwin Cotton Isakson a bill? It was probably an electricity Durbin Murphy Wicker Barrasso Crapo Johnson bill. Fischer Paul Bennet Daines Kaine What about the claims that it was Blumenthal Donnelly King NOT VOTING—2 Blunt Durbin Kirk written in the dark of night? It has Cruz Sanders Booker Enzi Klobuchar been public for weeks. And this, com- Boozman Ernst Lankford ing from a man who drafted The joint resolution (S.J. Res. 28) Boxer Feinstein Leahy ObamaCare in his office and rammed it was passed, as follows: Brown Fischer Lee Burr Flake Manchin through this Senate at midnight on S.J. RES. 28 Cantwell Franken Markey Christmas Eve on a straight party-line Resolved by the Senate and House of Rep- Capito Gardner McCain vote? resentatives of the United States of America in Cardin Gillibrand McCaskill Carper Graham McConnell To say that the Senator from Arizona Congress assembled, That Congress dis- wrote this in the dead of night, slipped approves the rule submitted by the Sec- Casey Grassley Menendez Cassidy Hatch Merkley retary of Agriculture relating to ‘‘Manda- in all kinds of provisions, that people Coats Heinrich Mikulski don’t have time to read it, that is an tory Inspection of Fish of the Order Cochran Heitkamp Moran Siluriformes and Products Derived From Collins Heller Murkowski outrageous slander. And to say he Such Fish’’ (80 Fed. Reg. 75590; December 2, Coons Hirono Murphy cares for the troops, how about this

VerDate Sep 11 2014 04:22 May 26, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.009 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3136 CONGRESSIONAL RECORD — SENATE May 25, 2016 troop and his son and his father and his strophic consequences, including our a very cordial relationship from time grandfather—four generations of serv- citizens seeing dramatic increases in to time, and we have strong and spir- ice, to include almost 6 years of rotting their premiums to the point where it is ited differences. Those differences have in a prisoner of war camp. To say he is simply unaffordable, and there is more been honest differences of opinion be- delaying this because he cares for the to come. cause of the party and the philosophy troops, a man who never served him- The fact is, after 13 hearings with 52 he represents. But I must say to my self, a man who, in April of 2007, came witnesses, a unanimous vote on the friend from Nevada, I do not under- to this very floor, before the surge had other side, 3 in opposition on my side, stand why we would not go ahead and even reached its peak, and said the war we came up with a defense authoriza- take up this legislation and begin vot- was lost when over 100 Americans were tion bill. The defense authorization bill ing. That is what we are supposed to being killed in Iraq every month, when has reached the President’s desk and do. That is what has happened for 53 I was carrying their dead bodies off an has been signed by the President for 53 years where we have debated, we have airplane at Dover Air Force Base—it is years. In my view, there is no greater gone to conference, we have voted, and an outrage to say we had to delay this example over that 53-year period of the it has gone to the desk of the President because he cares for the troops. We are ability of both sides to work together of the United States. A couple of times delaying it for one reason and one rea- for the good of the country. it had been vetoed, and we had gone son only: to protect his own sad, sorry Here we have, just recently, what ap- back, but the fact is, we have done our legacy. pears to be—most evidence indicates— job. He now complains in the mornings a terrorist act, the blowing up of an What greater obligation do we have that the Senate is not in session airliner. We have almost unprece- than to defend this Nation? What enough, that our calendar is too short. dented suicide attacks in the city of greater obligation do we have than to Whatever you think about that, the Baghdad, which have killed over 1,000 help and do whatever we can to assist happy byproduct of fewer days in ses- people in the last year. We have ISIS the brave Americans who are serving in sion in the Senate is that this institu- metastasizing throughout the region, uniform? What is our greater obligation will be cursed less with his can- including Libya, and now rearing its tion? I think it is clear to everyone cerous leadership. ugly head in Afghanistan. We have a what our obligation is. That obligation I yield the floor. situation of abuse of human rights that is to do our job and do our duty. The PRESIDING OFFICER. The Sen- is almost unprecedented. We have a mi- The American people have a very low ator from Arizona. grant refugee flow into Europe, which opinion of us—on both sides of the Mr. MCCAIN. Mr. President, I believe obviously it is well known that Mr. aisle. When they see that we are not that the other side of the aisle has been Baghdadi has instructed some of these even moving forward on legislation to informed that, at noon, I will ask that young men and possibly young women protect, help, train, and equip the we move forward with the bill. to be prepared to commit acts of terror young men and women who have volun- Mr. President, it is my understanding in European and American countries. teered to serve this Nation in uniform, now that, most likely, the Democratic Already, some of those plots have been no wonder they are cynical. No wonder. leader will object to moving forward foiled. We have a piece of legislation that is with the defense authorization bill. The Director of National Intelligence literally a product of hundreds of hear- That is deeply regrettable. That is, in has testified before our committee that ings, literally thousands of hours of fact, confounding to me; that even the world is in more crises than at any discussion and debate, of work together though there may be differences on the time since the end of World War II; on a bipartisan basis, and we are not other side of the aisle, that we would that there are more refugees in the able to move forward with it and begin not move forward, given the situation world than at any time since the end of the amending process. I don’t get it. I in the world today and the men and World War II; that America is in dan- say to the Democratic leader, I don’t women who are serving in our military. ger of terrorist attacks. get it. I do not understand why he I would remind my colleagues that Whom do we rely on? We rely on the doesn’t feel the same sense of obliga- this legislation was passed through the men and women who are serving in the tion that the rest of us do; that is, as committee with a unanimous vote from military. That is why we passed, on a rapidly as possible, for us to take care the Democrats and under the leader- vote of 24 to 3 through the Senate of the men and women who are serving, ship of my friend from Rhode Island, Armed Services Committee—work on meet the challenges of our national se- Senator REED, who has also served this both sides in a cooperative and bipar- curity that our larger—according to Nation honorably in uniform, albeit, tisan fashion—the Defense authoriza- the Director of National Intelligence— poorly educated. The fact is, we have a tion bill. than at any time since the end of tradition the Senator from Rhode Is- You would think that all of those World War II. That is what I do not get. land and I have been scrupulously ob- facts would argue for us to take up this Maybe the Democratic leader will illu- serving; that is, to work in a bipartisan bill immediately and debate and vote. minate us on that issue, but I don’t see fashion for the good of the country. That is what the Senate is supposed to that there is any argument. I would mention a couple of things. do. That is what our Founding Fathers When the Democratic leader and I One is the Democratic leader yesterday had in mind. meet the brave men and women who or the day before said they hadn’t had So, again, the Democratic leader is are serving in uniform—those who are time to read the bill. The bill has been going to object to us moving forward. at Nellis Air Force Base and in Yuma online since last Wednesday—last Why in the world, with the world as it at Luke Air Force Base—and tell them Wednesday, a week ago. Obviously, is today, with the challenges we face, that we wouldn’t move forward with that seems to be sufficient time for with the men and women who are serv- legislation that was to protect and most to be able to examine the bill. We ing our Nation in uniform with cour- house and feed and train those men and have been on the floor explaining it. age—one of whom is a citizen of my women, I would be very interested in There have been press releases. There own State who was just killed—why the response the Democratic leader have been all kinds of examination of are we blocking the ability of this Na- might have to that. the legislation. tion to defend, train, equip, and reward I urge my friend of many years—for As has been pointed out, we have had the men and women who are serving in the last 34 years—to allow us to move legislation when the Democratic leader the military? Why? Why won’t we forward and begin debate on this very was in the majority that we never saw move forward and debate? We have al- important issue. I know of no greater until the time he demanded a vote, par- ways had lots of amendments, lots of obligation we have than to address this ticularly when they had 60 votes in debates, lots of votes, and we have done issue of national security, which is em- order to override any objections that that every year in the years I have bodied in the Defense Authorization we might have—including, by the way, been here. Act. In all these 34 years, I have never the passage of the now-disastrous ACA, The Democratic leader and I came to objected to moving forward with this or known to some of us as ObamaCare, the Congress together, by my calcula- legislation. I have had disagreements. I which now we are seeing the cata- tion, almost 34 years ago. We have had have had strong problems with some of

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.014 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3137 the provisions. But I thought it was to have the opportunity—the Presiding violate that deal, and I think that is important to debate and vote. Officer is a very studious man; maybe wrong. We are going to take a hard I urge my colleagues not to object. he will read every page of that bill. look at that because we believe that a The bill has been available for people’s Most Senators will not, but they will secure nation not only depends on the perusal for over a week now. Every- make sure their staff reads every line. Pentagon—bombs and bullets—but it body knows the major points of the Why? Because they need to do that. also depends on all the other agencies bill. So I hope the Democratic leader This bill was marked up in closed ses- of government that help us maintain will not use that as a flimsy excuse be- sion. It was marked up privately. There our security: the FBI, the Drug En- cause it is not one. But most impor- was no press there. It was done in forcement Administration, all of the tantly, I appeal to my colleague from closed rooms in the Russell Building. I different responsibilities of the Depart- Nevada to think of the men and women believe that is where all the markups ment of Homeland Security. in uniform who are serving our country took place. The bill came to the floor. Let’s understand that no one is try- and to think of our obligation to act as We have amendments we want to ing to stall this legislation. If nothing best we can to protect them and help offer. We have a caucus tomorrow to happens on this bill in the next 24 them carry out their responsibilities talk about that. We have a number of hours, I think it will be a much better and their duties as they go into harm’s Senators who are preparing amend- process to finish the bill when we come way. ments, and they want to discuss them back. We will do it with our eyes wide Mr. President, I ask unanimous con- with the rest of the Democrats prior to open. No one will be able to say: I sent that all postcloture time be yield- moving to this bill. didn’t know that was in there. What I ed back and that the Senate proceed to We will be out for a week for the Me- said—and I will say it with my friend the consideration of S. 2943. morial Day recess. When we come on the floor—is there are a lot of little The PRESIDING OFFICER (Mr. back, it would seem to me it would be goodies in this bill. I think we need to SASSE). Is there objection? much more efficient and productive if take a look at those. The Democratic leader. we were ready on that Monday we My friend, of all people, who has Mr. REID. Mr. President, reserving come back to start legislating. We are worked hard during the entire time he the right to object, every time I come not ready to do that yet. We are not to the floor when my friend is on the has been in the Senate—he and I didn’t ready. We are going to proceed very de- floor speaking, I need not tell everyone get much done in the House. When you liberately in spite of all the within the sound of my voice how are there for two terms, you don’t get castigations about me made on the much I admire him and the service he much done. But in the Senate, he has Senate floor. I am going to ignore has rendered to our country, both as a gotten a lot done, focusing on what he those because, to be quite honest with naval pilot and as a Senator and as a believes is wasteful spending in the you, anytime we need to talk about Member of the House of Representa- government. I disagreed with him on any statements I have made at any tives. However, he has a job to do and some of the examples he has pointed time, I am happy to do it, but I think I have a job to do. out—some of them have dealt with Ne- I, like most people in the Senate, it would distract from what we are vada—but he has done that well. have not served in the military. I ac- doing here today to go into the state- We have a responsibility and we have knowledge that. But I didn’t go to Can- ments made by the junior Senator from been trained pretty well by the senior ada. I did my best. I had civil obliga- Arkansas. But I do have to say this: I Senator from Arizona to look at these tions during the time my friend was in am not the reason we are having such bills, what is in them. I have been told Vietnam. short workdays in the Senate, even by my staff that we better take a close Mr. MCCAIN. If my colleague will though that was alleged by my friend look at some of the things that have yield, I believe you have served the from Arkansas. been identified in this bill. State of Nevada and this Nation with If we are going to do our job, we are I am not here in any way to not give honor. going to do it the best way we can be- my full support to the efforts made by Mr. REID. Mr. President, I do believe cause it is important. JACK REED, the ranking Democrat on we have a job to do. He does his job the I have said it here on the floor, and I this committee. This bill is not JOHN best he can, and everyone knows how won’t go into a lot more detail than MCCAIN’s bill. It is not JACK REED’s hard he works. But I also have obliga- what I am saying here, but in the room bill. It is our bill. I want to make sure tions to my caucus, to this body, and where we meet on a closed, confiden- that this bill—our bill—comes out in a to the country. tial basis, last Thursday I met with the way that is good for the American peo- This is a very big, important bill. I Secretary of Defense. I have the good ple. My view of what is good for the have had the good fortune for all these fortune every 3 weeks to be briefed on American people may be different from years to work on it. It has been dif- what is going on around the world by others, but I think we have a responsi- ficult sometimes where we just barely the military and by others who help us bility to do everything we can to pro- made it. I can remember one year that be safe and secure in this country. We ceed in a very orderly fashion. Senator Levin, who was our man on de- talked about a number of things that As soon as we get on this bill, I will fense, and Senator MCCAIN—we were we need not discuss here openly, but do my very best to move it along just able to do the bill in 2 days. It was an one thing we can talk about openly as quickly as possible. emergency situation. But we have got- here is that the Secretary of Defense I object. ten the bill done over all the years I thinks it is really, really, really—un- The PRESIDING OFFICER. Objec- have been here. We have gotten it done derscore every ‘‘really’’ I said—to put tion is heard. all the years I have been the leader. in this bill what my friend from Ari- Mr. MCCAIN. I suggest the absence of Here is the situation in which we find zona said he is going to do, and that is a quorum. ourselves. This bill is almost 2,000 move $18 billion from warfighting—the The PRESIDING OFFICER. The pages long. As he indicated, it could overseas contingency fund—into reg- clerk will call the roll. have been online from sometime ular, everyday authorization matters The senior assistant legislative clerk Wednesday night, but the truth is that that take away from the ability of this proceeded to call the roll. we didn’t get the final version of this Pentagon to plan what they are going Mr. RUBIO. Mr. President, I ask bill until last night at 5 o’clock. The to be doing next year or the year unanimous consent that the order for committee voted on the appendix to after—this is something we—I—need to the quorum call be rescinded. this bill last night. They completed it take a hard look at. The PRESIDING OFFICER. Without at 5 o’clock last night. An important I said earlier today that I appreciate objection, it is so ordered. part of the bill deals with the intel- very much the Republican leader re- CUBAN REFUGEE BENEFITS ligence aspect of this bill, and a lot of sponding to a letter we wrote to him, Mr. RUBIO. Mr. President, I came to people want to read that and the rest saying that on these budgetary mat- the floor a few weeks ago to bring to of the bill. ters, he would stick with the 2-year people’s attention an abuse that is oc- I don’t think it is asking too much to deal we made. I am glad. That is great. curring in our welfare system, and it allow Members to understand the bill, But my friend from Arizona wants to involves Cuban immigration.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.015 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3138 CONGRESSIONAL RECORD — SENATE May 25, 2016 Let me describe the situation we face from Cuba should be considered a ref- order to receive refugee benefits, they today. If an immigrant comes to the ugee for purposes of benefits, but today have to prove they are refugees or le- United States from Cuba legally, enter- they are. gitimately fearing for their lives if ing the United States from another Even at this very moment, we are they were to return to Cuba. country—let me rephrase that. If an seeing a historic increase in the num- This is how the process works: If you immigrant legally enters the United ber of people who are originally from cross the U.S.-Mexico border and you States from any country in the world, Cuba crossing the Mexican-U.S. border. are from Cuba or arrive on a raft, you except for Cuba or Haiti, they cannot We have seen an increase in the num- will get your status and will be legal in immediately receive Federal benefits. ber of rafters. Last week there was a this country, but you will have to If you are a legal immigrant and came standoff between the Coast Guard and prove you are actually coming because to the United States from Venezuela, some Cuban migrants who went up to a you fear persecution before you auto- Mexico, or Japan—you did your paper- lighthouse and wouldn’t come down be- matically qualify for refugee benefits. work and paid your fees—you do not cause they wanted to get the status In essence, all I am asking is that peo- qualify for any Federal benefits for the under the wet-foot, dry-foot policy. ple prove they are political refugees be- first 5 years you are in this country. I think we can debate that issue. I fore they qualify for Federal benefits However, there is an exception for peo- am not here today to propose changes that are available only to political ref- ple who come from Cuba. Under the to the status, but I do think we have to ugees. Cuban Adjustment Act, anyone who ask ourselves: What about the Federal Lest anyone think this is some sort comes from Cuba legally or illegally— benefits? What about the benefits they of partisan trick, this is a bipartisan if you cross the border and say ‘‘I am a are collecting which are specifically measure that my Democratic col- Cuban’’—you are immediately accepted and exclusively intended for refugees league, the senior Senator from Flor- into the United States legally. I am and refugees only? Obviously, if you ida, supports. It has over 50 bipartisan not here today to talk about changing are traveling back to Cuba over and cosponsors in the House, including the that status, even though there is a sig- over again, you are not a refugee and chairman of the Democratic National nificant migratory crisis that is build- therefore should not be eligible for Committee. ing, and I do think that issue needs to these benefits. I hope we can get this done, even if be reexamined. The abuses we have now seen are ex- the best way to do it is on its own mer- Here is the exception to the law: If tensive. The stories of people who are its with a straight up-or-down vote or you come to the United States from actually living in Cuba—they are living as an amendment included in a larger Cuba, whether you entered across the in Cuba but collecting government ben- bill. With all the talk about paying for border or entered on a visa, you are one efits in America, and their family is Zika virus funding, maybe this is one of the only immigrants in America who wiring the money to them. There are of the ways we can pay for some of immediately and automatically quali- people who are collecting an assort- that, but let’s get it done. fies for Federal benefits. You don’t ment of benefits from housing to cash, Mr. President, $2.5 billion is still real have to prove you are a refugee or and that money is being sent to them taxpayer money, a significant percent- prove you are fleeing oppression. You while they live in Cuba for months and age of which is being misspent on a don’t have to prove anything. You are sometimes years at a time. It is an out- loophole that exists in the law that automatically assumed to be a polit- rage. It is an abuse. By the way, I am most people don’t even know is there. I ical refugee and given not just status of Cuban descent and live in a commu- truly hope we can address it. It makes in the United States but a series of nity with a large number of Cuban ex- all the sense in the world. Everyone is public benefits. iles and migrants. Our own people in asking for it. There is no good-faith or For decades this has been because South Florida are saying that this is reasonable reason to oppose it, and it is U.S. law made the presumption that if an outrage. They see this abuse. It is my hope we can address it before this you were leaving Cuba to come to the their taxpayer money, and they want Congress adjourns at the end of this United States, you were obviously a something done about it. year, or sooner if possible, and that we refugee. I believe for a lot of people Today we learned from the Congres- can put an end to these abuses once who are still coming that is true be- sional Budget Office, which analyzes and for all. cause they are fleeing a horrible and these issues in-depth and determines With that, I yield the floor. oppressive regime and have had no- how much they actually cost tax- The PRESIDING OFFICER. The Sen- where else to go because in many cases payers, that the long-term cost of this ator from Alaska. they fear for their lives in Cuba. For abuse over the course of the next 10 Mr. SULLIVAN. Mr. President, I wish some time now, there has been growing years will be approximately $2.5 billion to add my voice to Chairman MCCAIN’s doubt about whether all of the people to the American taxpayer. A signifi- comments a little bit ago about mov- who are now coming from Cuba are, in cant percentage of that $2.5 billion is ing forward on the Defense authoriza- fact, fleeing oppression. Or are they in- going to people who aren’t even living tion bill. I have the honor of serving creasingly becoming more like an eco- in the United States. We know from in- with him and Senator REED, the rank- nomic refugee? vestigations that the money often ends ing member of the Armed Services From what we see in South Florida up back in Cuba. We have seen people Committee. It is a huge honor, but as with our own eyes and also because of abuse the system over and over again Senator MCCAIN mentioned, we also the investigative reporting by the by having a relative in the United have an enormous obligation and re- South Florida SunSentinel, we know States who goes to the bank every sponsibility. The biggest, most impor- there are growing abuses to this ben- month, takes a cut, and sends the rest tant thing we do here is probably our efit. The reason is that many people of the money to them. That is your national defense. who are coming from Cuba, supposedly money that is being sent to them. The chairman asked a really impor- as refugees seeking to flee oppression, The American people are a generous tant and simple question: Why? Why are now traveling back to Cuba 15, 20, people, but right now those who abuse are we not taking up the Defense au- or 30 times a year. That raises an the system are taking American tax- thorization bill at this time? Why is alarm right away. payers for fools, and we need to stop it. the minority leader moving forward If you are entering the United States That is why I am hopeful that today’s with a filibuster on this important bill and immediately and automatically report from the Congressional Budget that was voted out of committee al- given status as refugees—in addition, Office will give us renewed momentum most on a complete bipartisan basis? you are being given access to a full to end this problem and reform the sys- We have an enormous obligation to portfolio of Federal benefits—because tem. The way to do it is by passing a our troops and to the national defense you are supposedly fleeing oppression, law I have introduced with Congress- of our country, and that is what this but then traveling back to Cuba 15, 20, man CARLOS CURBELO in the House that bill is all about. We can debate it, but or 30 times a year in many cases, it ends the automatic assumption in U.S. we need to begin that debate. causes us to have a serious doubt about law that assumes all Cuban immi- My colleague and friend from Arkan- whether everyone who is coming here grants are refugees. It says that in sas was on the floor here a little bit

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.017 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3139 ago, expressing his frustration about tunity, are living paycheck to pay- few weeks ago it was announced by the why we are delaying this legislation. I check. Millions of Americans, as he de- Commerce Department that the econ- share that frustration, and I share the scribes in this article, are living pay- omy essentially stopped growing. Last chairman’s frustration. check to paycheck. He says: quarter we grew at 0.5 percent of GDP, Why? Why are we filibustering? Why It was happening to the soon-to-retire as or gross domestic product. That is an is the minority leader filibustering this well as the soon-to-begin. It was happening indicator of progress, an indicator of important bill? to college grads as well as high school drop- the health of our economy, of our coun- I remind my colleagues on the floor outs. It was happening all across the country, of opportunity. It was stagnant. It that this is actually a pattern. If you try, including places where you might least didn’t grow. expect to see such problems. I knew that I remember, at this time last year the Let me put this in perspective. In the minority leader led a filibuster of the wouldn’t have $400 in an emergency. What I hadn’t known, couldn’t have conceived, was past 200 years, American real GDP Defense appropriations bill. It funds that so many other Americans wouldn’t have growth through Democratic or Repub- the bill so we can support our troops that kind of money available to them, ei- lican Presidents—it doesn’t matter; we who are, by the way, overseas in com- ther. My friend and local butcher, Brian, who have had ups and downs—has been bat. Despite the fact that the President is one of the only men I know who talks about 4 percent, or 3.7 percent. This is and others in the White House want to openly about his financial struggles, once what has made our country great. This tell the American people they are not told me, ‘‘if anyone says he’s sailing is what has fueled the engine of the through, he’s lying.’’ in combat, they are in combat. We all middle class of America. Under this ad- know it. We know it is a fiction. Then the author goes on to make a ministration, the average has been an Last year the minority leader led a very important statement. He says: ‘‘In anemic 1.5 percent of GDP growth. We filibuster of the Defense authorization the 1950s and ’60s, American economic have never had even one quarter of 3 bill—spending for our troops—not once, growth democratized prosperity.’’ Ev- percent of GDP growth. Now the ad- not twice, but three times on the Sen- erybody had opportunity with strong ministration doesn’t talk about that. ate floor. This pattern of procedural economic growth. But, ‘‘in the 2010s,’’ In fact, very few do. We need to talk delays clearly undermines our troops. he says, ‘‘we have managed to democ- about it more on the Senate floor. But There is no doubt about that. ratize financial insecurity.’’ the American people feel it. That is what is happening across the I want to add my voice to my col- This article describes it. They see it country. In my opinion, a big part of league. I believe it is a bipartisan frus- again and again when one of their the problem—one that is playing out in tration, not just Republicans. Remem- neighbors or loved ones loses a job, our politics right now—is the fact that ber, the NDAA came out of committee when they see their paychecks stag- those who are hurting are not being with huge bipartisan support. nant for 8 years, when they see another One of the most important things we heard. They see their lives. They know small business in their community do here is focus on our national de- their lives. They know the challenges. closing, or when they start wondering fense, focus on having a strong mili- Nearly half of Americans would have how they are going to put their chil- tary, and focus on taking care of our trouble finding $400 in a crisis, as this dren through college. They see it in the veterans. We should be bringing that article lays out, and yet it doesn’t long road ahead of them that shows no bill to the floor, not delaying it any match up with what their leaders are promise of a brighter future because of longer, and debating its merits and telling them. the lack of economic opportunity. moving forward. I just don’t under- Let me give you an example. In a re- They see it, and, as this article de- stand why we are not doing that right cent speech, President Obama actually scribes, they feel the stinging shame. now. I certainly don’t think the Amer- said: ‘‘We are better off today than we ican people understand it. were just seven years ago.’’ He said The bottom line is that we have had a lost decade of economic growth and THE U.S. ECONOMY that anybody who tells you differently opportunity in the last 10 years. We Mr. President, another important ‘‘is not telling the truth.’’ That is the need to get serious about this problem. topic that we should be talking about President. We need to focus on this problem al- on the Senate floor more often is the I guarantee you the President is not most above any other issue. state of our economy. In my view, na- agreeing with this article. I hate to in- tional defense and economic oppor- form the President, but even former My colleagues a lot of times come tunity for Americans are the critical President Bill Clinton recently had down here and talk about a moral im- things we need to debate in the Senate. this to say about the Obama economy: perative. This is a moral imperative— As I have been doing recently, I ‘‘Millions and millions and millions to create a healthy economy for the en- wanted to come down here and talk . . . of people look at the pretty pic- tire country—but we are not doing about the health of our economy and ture of America [President Obama] that. the importance of getting to a healthy painted, and they cannot find them- Now, what are the solutions? Well, economy because—make no mistake— selves in it . . . ’’ we ask the experts: How do you grow we have a sick economy right now. We That is former President Bill Clinton the economy? How can we create arti- need to bring the U.S. economy, the on the current State of the U.S. econ- cles that talk about opportunity and greatest economic engine of growth the omy. It is not hard to see why so many not the shame of the middle class? One world has ever known, back to life. We can’t find themselves in the picture idea certainly is that we have to re- need to bring opportunity once again that the President has painted of our form a Federal Government that tries to people who have lost economic hope. current economy. During nearly 8 to overregulate every aspect of our Let me be clear. Americans don’t eas- years of the Obama administration, the economy, especially the small busi- ily give up on hope. We are a country number of Americans participating in nesses. When asking the experts or of hope, a country of dreams. Progress the labor force shrank to its lowest politicians, they all agree. A number of is in our DNA. We are always moving level since 1978. What does that mean? us had an opportunity to talk to forward. But Americans are starting to It means Americans have just quit former Chairman of the Fed Alan lose hope because they are not seeing looking for jobs. In the last 8 years, Greenspan yesterday. This clearly is opportunity, they are not seeing more Americans have fallen into pov- one of the issues where he thinks we progress, and they are not seeing a erty, family paychecks have declined, need to ignite traditional levels of eco- healthy economy. So what is going on? and the number of people on food nomic growth—regulatory reform. I would like to provide a quote from stamps has skyrocketed by 40 percent— Again, Bill Clinton, in a Newsweek a recent article in the Atlantic Month- all during the last 8 years. The percent- cover article in 2011 said that the No. 1 ly entitled: ‘‘The Secret Shame of the age of Americans who own homes, the thing we need to do is to move forward Middle Class.’’ I would recommend this marker of the American dream—home- on regulatory reform to get projects article to my colleagues. The author is ownership—is down by over 5 percent. moving, to build this country again. talking about Americans from all spec- Let me give you another number Even President Obama, in his State trums who, because of the weak econ- that, although many Americans aren’t of the Union Address this year, said we omy and because of no economic oppor- familiar with, impacts them deeply. A have to cut redtape and we have to

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.018 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3140 CONGRESSIONAL RECORD — SENATE May 25, 2016 lessen the regulatory burden on Ameri- The senior assistant legislative clerk One way to look at this is, just since cans. So there seems to be widespread proceeded to call the roll. I got engaged in this battle 21⁄2 years agreement, but it is all talk. Mr. TOOMEY. Mr. President, I ask ago, we have had at least 1,140 school When we actually try to act, when we unanimous consent that the order for employees arrested for sexual mis- actually try to do just minimal re- the quorum call be rescinded. conduct with the children in their care. forms to this explosion in the growth The PRESIDING OFFICER (Mr. Of course, these are just the ones who of Federal rules and regulations over PERDUE). Without objection, it is so or- have been caught. These are the ones the last several decades—when we try dered. we know about. These are the ones to do just a little of this—we are Mr. TOOMEY. Mr. President, I rise where there is enough information and stopped, stymied, and caught up in pol- this afternoon to speak on S. 2943, evidence that the law enforcement itics. which is the National Defense Author- folks were comfortable in making an Let me give you just two recent ex- ization Act that we recently invoked arrest. How many more? How much is amples. I introduced a bill called the cloture on the motion to proceed. I this going on? RED Tape Act, a very simple bill de- guess we are going to be on this bill, Of course, every one of these stories bated on the Senate floor that essen- and I am glad we are. In particular, I is a terrible tragedy for the victims. tially would put a cap on Federal regu- want to address section 578 of this act. Like the child whose sexual abuse lations—a ‘‘one in, one out’’ rule. If a Section 578 is designed to protect our began at age 10 and only ended when, Federal agency is putting more regs on servicemembers’ children when they at 17, she found she was pregnant with the U.S. economy, then we have to are in school—specifically, to protect the teacher’s child or the teacher’s aide look at our big portfolio of regulations them from convicted pedophiles and who raped a young mentally disabled and sunset the equivalent economic other dangerous felons who try to infil- boy who was in his care. These are hard burden in terms of regs. It is a very trate our Nation’s schools, when they things to talk about but think about simple idea. It is a 4-page bill. The UK can, to find more victims. This is a how infinitely harder it is for the vic- is doing this, Canada is doing this, and cause I have been working on for at tims who suffer through this, and the it is working. least 21⁄2 years in the Senate. We have examples go on and on. Some of my colleagues on the other a serious problem. We have made some This has to stop. We have to be doing side of the aisle certainly thought it progress, but we have a long way to go. everything we can to try to prevent was a good idea, but when we brought For me, this effort to address this this and to protect the kids who are in it to the floor—the simple idea that began with a terrible story of a child our country’s schools. This is why, in would help our economy—there was a named Jeremy Bell. The story begins 2013, I introduced a bill that was meant party-line vote. It goes down. in my home State of Pennsylvania, in to do exactly that. It was called the Just last week, as we were debating Delaware County, PA. Protecting Students from Sexual and the Transportation appropriations bill, A schoolteacher had molested several Violent Predators Act. It is a bipar- we wanted to move on another simple boys and had raped one of them. Offi- tisan bill, and it included fundamen- reg idea. The idea is simple. If there is cials at the school figured out that tally two protections. a bridge in a neighborhood and it is something was going wrong, prosecu- The first was a ban on this terrible structurally deficient—and by the way, tors were brought in, but they never practice that led to the murder of Jer- the United States has 61,000 struc- felt they had enough evidence to press emy Bell. It holds that a school would turally deficient bridges—and the charges to bring a case. The school de- have to be forbidden from knowingly bridge is not going to be expanded but cided they would dismiss this teacher. recommending for hire someone who is just going to receive maintenance or They didn’t want him around anymore, was a known child molester. It seems be reconstructed, the permit can be ex- but, shockingly and appallingly, they so appalling. How could this happen? pedited so that it doesn’t take 5 years decided that to facilitate his departure But the Jeremy Bell case is not the to build or reconstruct the bridge. from the school, they would help him only case. In fact, this phenomenon by Again, it was a very simple amendment get a job in another school. They would which schools try to get rid of their that used common sense on regs. We actually recommend him for hire some- monsters by making him someone were told: No, the other side viewed it where else. Well, he did get a job in an- else’s problem is so widely recognized as a poison pill. We even heard that the other school, in West Virginia, in part, that schools will facilitate that person White House was thinking about with the help of the letter of rec- getting a job somewhere else. This phe- threatening to veto the bill if that ommendation he got from the Dela- nomenon has its own name. It is called amendment was attached to it. These ware County School District. passing the trash. People who are advo- are simple, commonsense ideas that That teacher went on to become a cates for crime victims, people who the American people fully support to school principal, and of course he con- help children cope with the horrendous keep them safe and to grow our econ- tinued his appalling victimization of experience they have been through, omy. children. It ended when he raped and know this very well. They know this We need to grow our economy. We murdered a 12-year-old boy named Jer- phenomenon because they have seen it need to take action on the Senate floor emy Bell. all too often. That is the first piece of to help grow our economy. We need to Justice eventually caught up with my legislation from 2013, make it ille- bring this sick economy back to that monster who had gone from Penn- gal to knowingly pass the trash. health, but we are not doing it right sylvania to West Virginia. He is now in The second piece is to require a thor- now. Instead, we see articles such as jail, where I hope he will remain for ough background check—a thorough the one I just mentioned about middle- the rest of his life, but for Jeremy Bell, criminal background check whenever class Americans living paycheck to of course, that justice came too late. someone is being hired who will have paycheck because they don’t have op- Sadly, Jeremy Bell is not alone. Year unsupervised contact with children in portunity. after year, we see staggering and heart- the school. That means teachers, but it What we need to do, in addition to fo- breaking numbers. In 2014, at least 459 also means coaches, it means the cusing on the defense of our Nation and teachers and other professional school schoolbus driver, it means contractors, taking care of our troops, is to get this workers across the country were ar- if the contractor will have that kind of anemic economy—this lost decade of rested for sexual misconduct with the access to the children. economic growth that we have seen kids they are supposed to be taking Last December we had an important over the last 10 years—roaring again, care of. That is more than one per day. victory on this because the first pro- to provide opportunity and hope for In 2015, the number went up. It got tection, the prohibition against know- Americans. That is what we should be worse—it was 496 arrests—again, ingly passing the trash, passed the Sen- focused on. schoolteachers and school personnel ate. It was a battle. There were people I yield the floor. who have unsupervised contact with here who fought this very aggressively, I suggest the absence of a quorum. these children, and so far 2016 is not but eventually I was able to get a vote The PRESIDING OFFICER. The doing any better. We have had 185 ar- on the Senate floor and it passed over- clerk will call the roll. rests in just 144 days. whelmingly. It was then included in

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The success we had he has unsupervised contact with chil- MCCAIN for his leadership on this, and back in December was only a first step. dren. To me, that is a no-brainer. I am proud to be standing with him on We were not able to succeed with the This feature—my bill, this legisla- this important issue. tougher, more comprehensive back- tion—does not impose any new burdens Let me close with this. It is past ground checks we need. So I said at the on the Department of Defense. The time to act; it is past time to do sometime: I am not finished. We are going DOD regulation already requires this thing about this. In the 21⁄2 years since to continue this fight—and we are. thorough background check on all I have been trying to make sure that That is why I am here today—be- DOD-operated schools. But what we do we stop permitting schools to pass the cause the legislation we are about to is reaffirm that so that no future ad- trash, in the 21⁄2 years since I have been take up, the National Defense Author- ministration could water that down by trying to get the most rigorous stand- ization Act, takes us another impor- Executive order or some other way. ards for doing background checks—dur- tant step forward, which helps in this Also, I suggest that there is an im- ing that time alone—there have been effort to have more comprehensive portant reason why it is absolutely es- over 1,100 school employees arrested. background checks. sential that we provide this protection Those are the ones we know about. I have a personal interest in this. I to the members of our military; that How much bigger does this number have three young children—a 15-year- is, the men and women who put on the have to get? How much longer do we old, a 14-year-old, and a 6-year-old—and uniform of this country don’t always have to wait? More importantly, how I represent 12.8 million Pennsylva- have a say in where they are going to many kids have to be brutalized? How nians. The vast majority of the people be stationed. They don’t necessarily many kids have to have their childhood I represent have the same view I do, get to decide which base and which shattered before we are going to im- which is: When we put our kids on a State they are going to work and, pose the toughest possible regimen to bus in the morning to go to school, we therefore, which school their children protect these kids? I have seen way have every right to believe we are send- will attend. So when they get moved to more than enough. The families who ing our child to the safest possible en- another State, over which they have no have been torn apart by this dev- vironment. So that is what this is say, they certainly have no say in the astating crime have seen way too about. background check policy of that school much. What this legislation does in the De- or that school district or that State. I urge my colleagues today to get fense authorization bill is it incor- The least we can do for these men and this done. Let’s take a big step forward porates a bill I introduced earlier this women who take enormous personal in providing a significant additional year. That bill is called the protecting risks and make huge sacrifices to pro- level of security and protection for the our servicemembers’ children act. The tect us is to protect their kids when children of the men and women who national defense authorization bill their kids are going to school. sacrifice so much to protect all of us. takes my bill, this protecting our serv- I should salute the efforts of State I yield the floor. icemembers’ children act, and incor- Senator Tony Williams from Pennsyl- Mr. BOOZMAN. I suggest the absence porates it. It builds it in. It covers vania because the children in Pennsyl- of a quorum. DOD, Defense Department-operated vania are protected by a very rigorous The PRESIDING OFFICER (Mr. schools in the United States, of which background check system, thanks SCOTT). The clerk will call the roll. there are many, but it also covers largely to Senator Williams’ insistence The bill clerk proceeded to call the schools in school districts that receive that we do this and his advocacy for roll. Federal impact aid because children of legislation that gets that done. Mr. MERKLEY. Mr. President, I ask our military folks attend those When Pennsylvania servicemembers unanimous consent that the order for schools. So that is one of the ways we are stationed in another State, they the quorum call be rescinded. cover some of the cost of educating the still deserve the same level of protec- The PRESIDING OFFICER. Without children of our men and women in uni- tion that they get in Pennsylvania. But objection, it is so ordered. form. We do it by providing this impact Tony Williams’ bill that is now the law Mr. MERKLEY. Mr. President, I ask aid to the school districts to which of the land in Pennsylvania does not unanimous consent that I be permitted they send their kids. apply beyond the borders of Pennsyl- to use a visual aid during my speech. What my legislation does and what vania, and that is why we need this leg- The PRESIDING OFFICER. Without the NDAA therefore does is it requires islation—to make sure that all the men objection, it is so ordered. these schools to conduct the same kind and women who wear the uniform of GENETICALLY MODIFIED FOOD LABELING of background check that the DOD re- this country can know that their chil- Mr. MERKLEY. Mr. President, the quires of its own schools, which is ex- dren will have this protection. The most important three words in our actly the right thing to do. It also pro- least we can do for the people who are Constitution are the first three words: vides that if a person has been con- ensuring the safety and security of all ‘‘We the People.’’ When our Founders victed of certain serious crimes—which of us in our country is to make sure were crafting our Constitution, they includes violent or sexual crimes their children are safe from convicted put those words in oversized print so against a child—then that criminal pedophiles and other dangerous felons that hundreds of years later Members may not be employed in a position that who attempt to infiltrate the schools. of Congress—the House and Senate— gives him unsupervised access to chil- Let me also thank someone else. I and citizens across this Nation would dren. It is as simple as that. want to thank the chairman. Senator remember that this is what our Con- This will cover schools that serve MCCAIN has been an ally of mine in this stitution is all about—‘‘We the Peo- about 17 percent of our schoolchildren, ongoing battle to keep our kids safer ple.’’ It is not ‘‘we the powerful’’ or roughly 8.5 million kids. I think this is for years now. His leadership has been ‘‘we the privileged.’’ It is ‘‘We the Peo- just common sense. A background outstanding. It is because of his comple.’’ check for school workers is simply mitment to the safety and security of President Jefferson said that we can common sense. All States, all school our kids that my legislation is in the only claim to be a republic to the de- districts do this to some degree. The National Defense Authorization Act, gree that the decisions of our govern- problem is, not everyone does it to an the legislation that we are considering ment reflect the will of the people. He adequate degree. It should not be pos- today. went on to say that the only way our sible for a person who has been con- Senator MCCAIN was a cosponsor of government will make decisions which victed of child rape to walk out of pris- my first bill to protect kids in the reflect the will of the people is if the

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So people are very happy make their position known before a indeed other jurisdictions say they we have a way to address that. vote was held on whom they were going would like to have the same type of in- Researchers have been developing to elect, and so on and so forth. formation available to their citizens, sweet potatoes that withstand multiple The challenge today is that the town who also overwhelmingly want that in- viral infections commonly encountered square is the television, radio, and formation, then there is a potential for in Southern Africa. That enables sweet Web. Unfortunately, those are not free, that and a legitimate cause for us to potatoes to be grown and be part of the the way the town square was in Jeffer- discuss it here. subsistence and is a substantial source son’s day, and that means that the role Here is the thing. If you are going to of food in that region. There are also of money can change everything. take away the ability of cities, coun- genetic modifications that cause con- Unfortunately, we have had a couple ties, and States to respond to the citi- cerns. Most genetically modified crops of Supreme Court decisions that do not zens’ desire to know about whether grown in the United States have been do due accord to the very heart of our there are GMOs, or genetically modi- altered to confer resistance to a chem- Constitution because they have essen- fied ingredients, in their food, then you ical herbicide known as glyphosate. tially said that even though the com- have to replace it with a national Glyphosate is a weed killer, and essen- mons, or town square, is for sale, we standard that answers that question. If tially as the application of glyphosate are going to allow the few people and you fail to do so, you are simply deny- has gone up dramatically from 1994 to corporations with billions of dollars to ing the rights of citizens across the the current time—we can see the huge buy up the town square and use the country to know what is in their food, increase in the application of this weed equivalent of a megaphone sound sys- and that is just wrong. killer on this chart—we have had a cor- tem to drown out the voice of the peo- There is a name for the bill for deny- responding general depletion of the ple. That is the opposite of what ‘‘We ing Americans the right to know, and monarch butterfly in those regions the People’’ is all about, and that is it is called the DARK Act, or Deny where glyphosate is used. That is a the opposite of what our Constitution Americans the Right to Know Act. It is concern. Monarchs have been crashing, is all about. appropriate that it be called the DARK and that is a concern to folks. Look at and think about the runoff. Periodically, I have come to the floor Act because it is all about keeping con- If you put billions of gallons of weed to talk about a variety of issues that sumers in the dark about something killer on crops, and there are billions are relevant to the Jefferson vision— they would like to know. There are of gallons running into the waterways, that we can only be a republic to the many people here who say: Well, we it has an impact on the waterways. It degree that our decisions reflect the know better than consumers. They changes the makeup of the waterways will of the people. The issue I will talk want to know, but we don’t want them because of the weed killer killing var- about today—and this is an issue that to know because there is no reason ious organisms within the streams. Democrats, Republicans, and Independ- they should know because why would Herbicides in our waterways can have a ents overwhelmingly support—is about they have any concern if they knew all negative impact on fish, mussels, am- whether or not their food has been ge- the facts? Is that our decision to make? phibians, and microorganisms. netically modified, and if so, should We decided to label food and let peo- There is also a challenge in which those ingredients be listed on the pack- ple know whether there is salt in it. plants evolve in response to the appli- age. Some people want it, some people cations of glyphosate. We can end up I am raising this issue today because don’t. We decided to put calories on the with what are called superweeds, which on July 1 of this year, Vermont will package. Some people want more cal- are weeds that have been in the pres- have a new law which will require la- ories, and some want less, but they ence of the herbicide so often that the beling on the packages of food that have the right to know. Some people natural mutations occurring cause the have genetically modified ingredients, want preservatives to make it taste weeds to evolve and they become and that has led to a conversation here better and some don’t, and so on and so superweeds. We had the same problem in this Chamber about whether we at forth. It is simply the consumer’s right with these corn-destroying rootworms. the Federal level should allow that to to know and make choices accordingly. They have been evolving to be resist- happen. Should we allow Vermont to This conversation is not about ant to the pesticide that is placed into make this requirement? There are a lot whether GMO food is safe to eat. Per- the plant cell by genetic modification. of food producers who say: We really son after person has come to this floor In short, there are competing consid- don’t want the people to know about and said it is safe to eat, there is no erations to balance, some benefits and the details of their food. Well, I think proven impact on citizens, and so some concerns. Some people have Americans across this country dis- therefore it is legitimate to strip citi- reached the conclusion that they are agree. zens from the right to know. There are very comfortable consuming geneti- As I mentioned, the overwhelming lots of ingredients we put on packages cally modified foods, and other individ- majority support the right to know. that have no carcinogenic effects, but uals can reach a different equally jus- The argument has been made that we citizens want the full list, and that is tifiable conclusion that they have con- can’t allow State after State or county what we provided them. Some want to cerns and want to know more about the after county to have conflicting stand- know the individual pieces of that specific types of modification. The way ards about what we list on food labels story. they find out is, they get an alert on because that would be impossible for Let’s turn back to this question the package to show there are GMO in- interstate commerce, and that is a fair about the fact that GMOs themselves— gredients and they can go to the Web point. How can a food manufacturer be genetically modified plants—are not site and look at the herbicide involved. expected to accommodate a multitude substantially in one camp or another, That is why labeling matters. It is an of different labeling requirements from wonderful or terrible. There are all alert to the citizens so they can gain county to county, city to city, or State kinds of genetic modifications that more information and decide if they to State? That is a fair case if there is have taken place. For example, this are comfortable or uncomfortable. a risk of multiple standards. There is chart shows golden rice. Golden rice What we have seen are companies no risk of that at this moment because has been modified to have vitamin A. that are starting to say, because we only one State has passed a standard In parts of the world where there is vi- value the relationship with our cus- which will be going into effect in a cou- tamin A deficiency, this has been very tomers, because our company believes ple of months. Just as we have seen beneficial. Let’s turn to carrots. Some in having high integrity in that rela- with other policies across this Nation, carrots have been modified to treat for tionship, we do not want to be part of to something that one State tries, an- a genetic disorder called Gaucher’s dis- the DARK movement—the ‘‘deny other State might say: Yes, let’s do ease, a metabolic disorder where people Americans the right to know’’ move- that but in a slightly different way. So lack a specific enzyme which helps rid ment. We want to be part of the move- there is a legitimate concern about the body of fatty substances that then ment that says if our consumers want

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We can put a ‘‘G’’ or and right on the package they are now sumers can scan that code or they can ‘‘GM’’ for genetically modified. There disclosing. They have a phrase. I know put a quick response computer code, are all sorts of options that would be a it would be impossible to read this so which is a square code with all the lit- simple way for consumers to see what we have enlarged this a bit and repro- tle squares on it—something like what is there. We can put a phrase such as duced it. It says ‘‘partially produced you have on an airline ticket. They Mars has done on their candy or we can with genetic engineering.’’ So they suggest that we put this quick response put an asterisk on the ingredients that give a heads-up on every package of code on it, and if somebody wants to have been modified with a phrase below M&Ms across the country. They give a know what is in our product, they can to explain the asterisk. All of those are heads-up to consumers, and if they scan it with their smartphone and look possible, but an unlabeled phone num- want to know more about the details, it up on a Web site. That is not a con- ber, an unlabeled barcode or quick re- they can contact Mars to find out sumer-friendly label. That is a scam. sponse code—because it is a deliberate about the details. That is integrity. Not all consumers have a effort to pretend you are solving some- That is honoring citizens who have a smartphone. Not all consumers have a thing when you are not, that is a desire to know what is in their food. digital plan that allows them to scan shameful scam, and it should never We have all grown up seeing the won- something in that fashion. They don’t pass scrutiny on the floor of the Sen- derful pictures of Campbell’s soups in all have a phone with a camera. We are ate. advertisements and the warm hearty asking them to have to spend money I said earlier that citizens across this meal of tomato soup. I know when I out of their phone plan in order to look country want a consumer-friendly was sick as a child I always looked for- up information that should have just label. We can look to a survey that was ward to that Campbell’s tomato soup. been on the package in the first place. done. This is a 2016 likely election vot- Campbell’s has said: We want to honor That is a tax. That is a DARK Act tax ers survey that was done in November the integrity of the relationship with on American consumers. of 2015, and it shows that 89 percent of our consumer. We are not going to be Some of my colleagues who talk Americans said they would like to have part of the ‘‘deny Americans the right about not putting taxes on individuals the information on the label. They say to know’’ movement. We are not going just voted for that DARK tax a few they favor labels on foods that have to be on the side of the DARK, and we weeks ago. I hope they reconsider that been genetically engineered or contain are going to be on the side of informa- type of imposition on the moms and genetically engineered ingredients. So tion that citizens desire to have. They dads and brothers and sisters through- it is basically 9 out of 10 who not only are putting labels on their products, out America. No one going down the favored but strongly favored such la- and a number of companies are fol- aisle to shop is going to sit there and beling. To put it simply, 9 out of 10 lowing suit in honor of protecting the compare four different soups by taking Americans want the information on consumer’s right to know. pictures of four different soups and the label, and rounding off, 8 out of 10 That is certainly commendable, and I going to four different Web sites to feel very strongly about this. commend the companies that do not look up that information. Plus, con- Here is something that is interesting. feel like they are trying to mislead or sumers are also disclosing information We are often divided by party here. The hide from their consumers, but in fact about themselves when they go to Republicans are sitting on the right support the integrity of the relation- those Web sites. That is an invasion of side, the Democrats are on the left ship with the folks who buy their prod- privacy on top of the DARK tax that side. There is partisan division—maybe ucts. Some of the companies that have my colleagues want to impose on Independents have a view in the mid- done this are ConAgra, General Mills, American consumers. It is wrong on dle. On this issue, Democrats believe, 9 Kellogg’s, and, as I mentioned, Mars. multiple levels. out of 10, rounding off, that we should They have already begun to label their Some of my colleagues say: Let’s put have these labels. Republicans believe, products in anticipation of Vermont’s an 800 number on the label, with no ex- 9 out of 10, that we should have these July 1 requirement. planation of why it is there. Well, you labels. Wouldn’t it be ironic if the one Vermont has a 6-month grace pe- can take most products in America and thing Americans can agree on—wheth- riod—so, again, it is not just around you can probably find an 800 number er they are east coast or west coast or the corner—but the beginning period somewhere on that package with some North or South or Democrat or Repub- companies are asked to meet is July 1. corporate information line, but when lican or Independent—the one issue Because companies are now putting it you put an 800 number on with no ex- they can all agree on, this body decides on their labels, they are discovering planation of why it is there, that is not to do the opposite and take away that there is nothing scary to consumers consumer information. That is like ability. That certainly counters the about it. Just like anything else on the taking an ingredients list on the pack- fundamental principle that Jefferson ingredients list on labels of packages, age and replacing it with an 800 num- put forward of the ‘‘we the people’’ de- it is information that different con- ber. Call this and we will read you a mocracy. We can only claim to be a re- sumers can evaluate when it matters list of ingredients on the phone. It is public to the degree that what we do to their life. absurd, it is ridiculous, and it is offen- reflects the will of the people. There is a group of Senators who sive to try to say that type of scam is So we should think about that a lot have said they do want to be part of a replacement for consumer-friendly because there is a lot of conversation the DARK Act, deny Americans the information right on the package. about folks who want to spring a sur- right to know. So we will have a vol- Do you want to know how to deter- prise on the American people. They untary labeling plan nationally. We mine whether you are being true to the want to come down here to the floor on will take away State’s rights to put in- desire of consumers to have a con- some bill in the near future, with some formation on the package and replace sumer-friendly label? Well, I will tell amendment or some motion or some it with a voluntary request for compa- you. It is called the 1-second test. We reconsideration, and spring a surprise nies to disclose. That is no justifica- have a product on the shelf. We pick it and drive the DARK Act through with tion for taking away the ability of up, turn it over, and look—1 second. I little public notice. Why is that? Be- States to require what consumers see the answer that there are or are not cause they are afraid of the opinions of want, which is not a voluntary disclo- genetically modified ingredients in this the American people. They want to sure, it is a required disclosure. If a package. That is the 1-second test. hide their decision in a short period of State wants to do that, they should be That is a fair replacement for State time with no ability for the American honored. If we take away that right, we standards. people to be filled in on the fact that

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It burst out into riots. part of this ‘‘deny Americans the right voice, are trying to implement and Oklahoma was mostly spared from to know’’ movement—this movement deny Americans the right to know, that in 1919 and in 1920, but on May 30 that is opposed by 9 out of 10 Ameri- when the leaders of China have decided of 1921, a young man named Dick Row- cans in the Democratic camp, in the this is information consumers deserve? land who worked downtown, an Afri- Republican camp, in the Independent Let me return to where I started—the can-American gentleman, was 19 years camp, in every geography of America. vision of a ‘‘we the people’’ democracy. old. He was actually shining shoes in Don’t be part of going so profoundly, so We have gone far afield from that. The downtown Tulsa, which, if you have fundamentally, so overwhelmingly role of money in politics has put us in ever been to Tulsa and if you have against the will of the American peo- a very different position because that missed it—if you have never been ple. money weighs in, and it corrupts the there, you need to go. It is an abso- We put a lot of things on packages fundamental nature of our legislative lutely beautiful town. If you can ever because the American people ask for process. That is why we are having this see the pictures of what Tulsa looked that information. If you buy in a gro- debate over denying Americans the like in the 1920s, you would be as- cery store of any size, they are re- right to know when 9 out of 10 want tounded. It was an oil boom town. Oil quired to put whether fish is farm that information—because of the cor- was discovered all around Tulsa, and raised or wild. Why do we require that? rupting power of massive concentra- people came from all over the country. It is not because being farm raised is tions of campaign cash in our system. Most of those individuals around Tulsa going to kill people; it is because citi- So let’s do something we should do who put in oil wells suddenly became zens have a desire to know and to vote all the time: Set aside the campaign. rich, and Tulsa became a wealthy com- with their food dollar—vote with their Set aside the desire to raise money. Set munity extremely rapidly. The archi- food dollar for something they believe aside those issues and ask yourself, tecture and history of it is beautiful. to be important. It may have to do aren’t we here to help pursue the will But, like every other town in Okla- with the taste of the product. It may of the people? In this case, in our ‘‘we homa in the 1920s, it was also seg- have to do with the difference in anti- the people’’ democracy, shouldn’t we regated by law. biotics that are used in farmed versus give our citizens the same right to The Northern District of Tulsa at wild. It may have to do with their de- know—a right they overwhelmingly ex- that time was called the Greenwood sire to envision that food when it was pect and demand—as 64 other countries District, just north of downtown. It swimming the broad, beautiful Pacific in the world? was an incredibly prosperous commu- Ocean, the incredible salmon of the Pa- I yield the floor. nity. In fact, African Americans from cific Ocean and the salmon of the At- I suggest the absence of a quorum. around the country moved to Tulsa be- lantic Ocean. But the point is, it is The PRESIDING OFFICER. The cause there were doctors and lawyers their right to know. Nothing much is clerk will call the roll. and businesses, grocery stores, depart- as important to us as what we put into The bill clerk proceeded to call the ment stores. It became a very wealthy our bodies. roll. community because some individuals People fundamentally feel they Mr. LANKFORD. Mr. President, I ask lived in Greenwood and worked in should be able to have full information. unanimous consent that the order for Tulsa, which was a fast-growing, We, indeed, provide information on the quorum call be rescinded. wealthy city. whether juice is reconstituted from The PRESIDING OFFICER. Without Also, there was great freedom within concentrate or is fresh, not because it objection, it is so ordered. the Greenwood District. Oddly enough, will cause you to get sick, not because TULSA RACE RIOT ANNIVERSARY the segregation that was required in it is unhealthy to consume, but be- Mr. LANKFORD. Mr. President, I Oklahoma at the time also caused cause consumers desire to know and would like to ask this body for just a Greenwood to grow because many Afri- they want to exercise their food dollars moment to remember something that can Americans could not buy groceries appropriately. Some people say: I real- there are probably many people who or could not go to certain restaurants ly would like to have the stuff the way have never heard of for the first time or go into certain businesses or depart- it was squeezed out of the fruit rather because, for whatever reason, a bit of ment stores in Tulsa. So when those than frozen and condensed and recon- America’s past seemed to just dis- businesses opened up in Greenwood and stituted. So we provide that informa- appear from memory as soon as it oc- the population continued to grow, it tion because of that citizen desire. curred. Let me take us back almost 100 became a fast-growing city as well. In Should we not honor our citizens in years for a moment. fact, it was nicknamed the Black Wall this issue as well? Isn’t it wrong for a The summer of 1919 was commonly Street of America. That community group of Senators to plot to come to referred to after the fact as the ‘‘Red was extremely well educated, had this floor and to put forward an amend- Summer.’’ The Red Summer included many World War I veterans who had ment or put forward a reconsideration race riots all over America, White-on- come home, many businesses and en- or put forward a bill on short notice so Black riots specifically. There were trepreneurs. It became known as a that the American people have little White individuals moving into Black place where Blacks could come from chance to weigh in? Personally, I think neighborhoods and devastating those around the country and start busi- it is very wrong. That is why I am communities. That happened in nesses, grow businesses, and grow into speaking today. Charleston, SC; Long View, TX; Bisbee, prosperity. I would love to be able to It is not as if this question of putting AZ; Norfolk, VA; Chicago; Washington, show you all the homes and the labels on food is something new or dif- DC; Elaine, AR; Knoxville, TN; Omaha, places—what that looked like in the ferent; it is being done all around the NE; and many other places. Scattered 1920s. It was a beautiful district. world. Sixty-four countries, including around the country, one after another, I will get back to my story about 28 members of the European Union and month after month, those race riots Dick Rowland. Working downtown in Japan and Australia, already require moved. Tulsa—most buildings in downtown mandatory GMO labeling. We can add As World War I veterans—at that Tulsa would not allow a Black man to Brazil to that list. We can add China to time, we called it the Great War—as go to the bathroom there, but the that list. those veterans returned home, many Drexel Building would, so he would go China has no democratic forum in looking for jobs—and the anxiety that to the Drexel Building to go to the which to respond to the will of the peo- rose up from that—as many Black restroom. He would go on the elevator ple. The decisions are top down. Yet Americans who had bravely fought in because the restroom he was allowed to the leadership of China has said: Our World War I pursued jobs and were un- use was on an upper floor. That par- consumers care enough about this that able to get them or were hated by ticular day, on May 30, 1921, he got into

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We don’t know if there was deputized many White men who were the Tulsa race riot for Oklahomans for an altercation. We don’t know if Dick gathered around downtown Tulsa, gave a very long time, until just a couple of Rowland bumped her and she screamed. them weapons, and told them to go ar- decades ago, when the conversation We don’t know if she was just scared, rest as many Black people as they quietly started again about a very dif- and we don’t know why. But a friend could to stop the riot. ficult part of our history. heard her scream, came running, saw They ran into the Greenwood Dis- So 95 years ago this week, the worst Dick Rowland stepping out of the ele- trict and shootings began all over the race riot in American history broke vator, and accusations started imme- Greenwood area. Many African-Amer- out in Tulsa, OK. In 5 years the entire diately. Within 24 hours, the police ar- ican men—the numbers are up over the country will pause and look at Okla- rested Dick Rowland and took him to thousands—were arrested, dragged into homa and will ask a very good ques- the courthouse and the jail in down- Tulsa, and were put in temporary de- tion: What has changed in 100 years? town Tulsa. tention facilities there and held, which What have we learned in 100 years? By the time the afternoon paper had left the Greenwood District completely I would say a few things. I would say been released on May 31, 1921, the word unprotected. we can remember. There is great honor was out that a young African-Amer- Looters and rioters moved through to be able to say to people: We have not ican male had raped a White female in that part of Tulsa all throughout the forgotten about what happened. We the elevator at the Drexel Building, night and into the next morning, lit- have not ignored it. We have not swept and a mob began to form outside of the erally looting every home, looting it under the rug and pretended it never courthouse. That mob gathered around. every business, doctor’s office, grocery happened. We remember. They say it started out with around 100 store, and department store—looting I think there is great honor in that. and then quickly grew to 200. each one of them and burning them to We can recognize there is more to be The sheriff in Tulsa, understanding the ground. By the time the National done and that we can’t just say: You the threat there of this mob gathering Guard arrived the next day to try to know what; that was then, and this is around the building calling for Dick stop the riot, almost every building, now. There is more to be done. Rowland to be delivered to the mob, home, and business—everything in a 1- Our own racial challenges and what immediately turned off the elevator in mile square that was the Greenwood has happened in the country just over the courthouse building and put up District before—was completely de- the past few years remind us again armed guards in every staircase around stroyed. that we don’t have legal segregation that building to not allow any of the It makes you wonder what happened any more, but we still have our own people from the mob to get into the then. It is estimated that over 300 peo- challenges as a nation. We still need to building, to try to get upstairs, and to ple died that night in Tulsa. No one have a place in the Nation where every be able to get Dick Rowland out. But was ever charged with a crime. person of every background has every the mob continued to grow outside Dick Rowland, whom I mentioned be- opportunity. It is right for us. We can that building. I understand that by the fore, was released from jail because no respect the men and women who lived, end of that day, it was now approach- charges were ever pressed against him. worked, died, and rebuilt. We can pour ing over 1,000. Sarah Page never pressed charges respect on those individuals who are Not far away from there at all, the against him. still working to rebuild. men who lived in the Greenwood Dis- Insurance companies refused to pay These are people such as Donna Jack- trict heard that the mob was gath- the African-American businesses that son, who is leading a group that she ering. As I mentioned before, many of were burned to the ground. They calls the North Tulsa 100 who say that them were World War I veterans. They walked away. by the time we get to the 100th anni- loaded up with their weapons and went What happened next is even more versary just 5 years from now, there to the courthouse to offer their assist- surprising to me. I am not surprised will be 100 new businesses in the Green- ance to the sheriff to be an additional that many African-American individ- wood area. The jewel of Black Wall armed guard there. uals who lived in the Greenwood Dis- Street was the number of businesses, The sheriff denied it, said they had trict left. I don’t blame them, but most entrepreneurs, and family businesses the situation well in hand, and turned everyone stayed. They literally rebuilt that were there. Donna Jackson and the men away. As the mob continued their homes by living in tents for a the group that is around her—business to grow and continued to press the year. leaders, church leaders, individuals sheriff, the men returned and said: You The American Red Cross moved in from the area, family members, and need our help here. We do not want a and helped build wood platforms where some of them even connected to the lynch mob in our city. We have all there used to be homes so that tents survivors of the riot itself—are all heard what had happened in other cit- could be built in that spot and people committed to what they can do to rees- ies just a year ago. We don’t want that could live there while they rebuilt tablish the business community again happening here. their own home and rebuilt their own in Greenwood and North Tulsa and not The sheriff again turned them away businesses. One by one they rebuilt. looking just for Black businesses, but and said: You are not needed here; we Mount Zion Baptist Church had just businesses—period. They wish to re- have the situation at hand. been finished a few months before that engage a community that is still But as the men left that second time, and had a $50,000 mortgage on it. No scarred years later and to be able to some White men in the crowd con- one walked away from that church. have some respect for those folks who fronted some of the African-American They rebuilt that church, and they re- run the cultural center at John Hope men as they left. There was a struggle paid the $50,000 mortgage that was Franklin Reconciliation Park and the as one of the White men tried to take owed from before. Block by block, indi- individuals who are willing to talk away the guns from the African-Amer- viduals started rebuilding Greenwood. about it in a way that is open, honest, ican men and a shot was fired. By the 1940s, and given all the strug- and not accusatory. But my fourth ‘‘r,’’ The rest of it was chaos. Many of the gles that had happened, it never fully after remember, recognize and respect, African-American men headed back to recovered to what it was before. What is reconciliation. What are we going to the Greenwood District as quickly as is also fascinating about it is that the do as a nation to make sure that we they could as that mob turned into a State of Oklahoma quietly ignored are reconciled? riot. They pursued them back to the what happened that day. Most folks This simple speech on this floor is Greenwood District of Tulsa. It was not growing up in Oklahoma have never not going to reconcile our Nation. We far away, literally just on the other even heard of the Tulsa race riot. In have for years said this is something

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Of course, everywhere you turn, Iran dren do not grow up in a nation that But we are just burning hours on the is up to some sort of mischief—in forgets its past but also to make sure clock because the Democratic leader, Syria, obviously, with their efforts to it is not repeated again and to make in his—I was going to say in his wis- shore up the corrupt and brutal regime sure that all individuals are recognized dom. I don’t think it is in his wisdom. of Bashar al-Assad, its support of and respected and that every person I think it is just an effort to delay our Hezbollah, Hamas, and other terrorist has the same opportunity. There is no ability to progress with this important organizations. It seems like every- simple answer, but I bring to this body legislation on a bipartisan basis. This where you turn, they are up to no good. a story that I think is important for us is legislation, after all, that was sup- And, of course, there is the nuclear to talk about—the worst race riot in ported by every Democrat on the Sen- agreement, which I think was enor- American history, in my State, and in ate Armed Services Committee. They mously misguided, and they have all of our States. know what is in the bill. It has been thumbed their noses at the very basic I bring to us a question. Five years posted for a long time. Anybody who elements of that agreement, dem- from now, we as a nation will talk really cared enough to find out could onstrating they have really no interest about this even more when it is the 100- have found out what was in this bill. in complying with it. And the United year anniversary. Who are we as a na- We could be having a debate and a dis- States, in turn—well, actually the ad- tion? How far have we come, and what cussion about how we can improve it, ministration; because it is not a trea- do we have left to do to make sure that about how we can reconcile the House ty, it doesn’t bind future Presidents— we really are one Nation under God, in- and Senate versions and get it to Presi- but we have essentially, in the words of divisible? dent Obama for his signature so our Prime Minister Netanyahu of Israel, With that, I yield back the remainder troops don’t have to wonder, so they not contained or prevented Iran from of my time. don’t have to wait, and so they don’t gaining nuclear weapons; we have es- The PRESIDING OFFICER. The Sen- have to worry about whether we care sentially paved the pathway. ator from Texas. enough to get our work done to support Today, Mahan Air is working to add Mr. CORNYN. Mr. President, I thank them. more international airports to its our colleague, the Senator from Okla- Despite all the foot dragging we have flights, including several in Europe. homa, for telling that marvelous story seen and the frustrations that are just Given the links to terrorist activity, and offering some hope—not just talk- inherent in this job—because things we have to consider the potential secu- ing about it but doing something about never happen as quickly as any of us rity risks to Americans and others who it as well. would like, and I think certainly that fly in and out of airports where Mahan Of course, it reminds me a little bit adds to the public frustration—we ac- aircraft may land. of our recent trip to Charleston and the tually have been getting some things This amendment would require the amazing thing that happened there done around here. It is just that we Department of Homeland Security to after a terrible tragedy when a young have had to grind them out and take a compile and make public a list of air- man opened a gun in a church and a long time do them. ports where Mahan Air flies, and it killed a number of innocent people who But I know the majority leader, Sen- would require the Department of were there worshipping and who had ator MCCONNELL of Kentucky, is deter- Homeland Security to assess what taken him in. mined to complete this legislation, and added security measures should be im- Just as the story told by the Senator we will. In Senator MCCAIN, the chair- posed on flights to the United States from Oklahoma, one of the things we man of the Committee on Armed Serv- that may be coming from an airport found when we visited Charleston later, ices, we couldn’t have a more forceful used by Mahan Air. as the Presiding Officer will recall, was advocate for the men and women in I recently had the chance—and I have the power of forgiveness. This changed uniform and the veterans. Of course, he spoken about this—to go to Cairo with the entire conversation when people in was a great example of that true Amer- the Homeland Security and Govern- great pain, suffering an unspeakable ican hero—a former prisoner of war mental Affairs Committee and the tragedy, had the faith and the fortitude himself. You can tell how passionately chairman of the House Committee on to stand and say: You hurt me, but I he feels about doing our duty by our Homeland Security, my friend MICHAEL forgive you. troops. MCCAUL of Texas. One of the things we It was very, very remarkable. It re- I did want to mention a few things I looked at was airport security because minded me of that experience. What will be offering by way of amendments there are flights that currently exist Senator LANKFORD was telling us about that I think will help make America between Cairo and JFK Airport in New Tulsa—the Tulsa race riot—reminded safer and take some small steps toward York. It is my understanding there are me of the similar lesson and example. correcting some of the foreign policy also flights planned from Cairo to There is perhaps nothing more power- mistakes we have seen from this ad- Reagan National here in the District of ful than a good example, and we saw ministration over the last few years. Columbia. that rising out of great hurt and great The first two amendments I intend to Following the explosion on a Russian hate. offer focus on countering the world’s plane out of Sharm el-Sheikh in south- I thank the Senator for telling the foremost state sponsor of terrorism; ern Sinai, it is pretty clear Egypt has story and reminding me of that recent that is, the nation of Iran. The first a lot of work to do to improve its experience in Charleston. amendment I have specifically targets homeland security measures in both its Mr. President, sometimes when I go an airline called Mahan Air, which is screening of baggage and also per- home to Texas, my constituents tell that country’s largest commercial air- sonnel who work at airports. me: I don’t know how you stand it. I line—the largest commercial airline So you can see why people would nec- don’t know how you stand the frustra- and the No. 1 state sponsor of ter- essarily be concerned about the action tion of working in Washington and rorism. This airline has repeatedly of Mahan Air and what risk that might dealing with some of the politics, the played a role in exporting Iran’s ter- expose innocent passengers to. I hope unnecessary obstacles, the procedures, rorism. It supports the efforts of the my colleagues will review the proposal just the delay—the do-nothing aspects Quds Force, an elite fighting unit of and support it. of this job. Iran’s Islamic Revolutionary Guards, The second amendment I have re- Unfortunately, I was reminded of and supports Hezbollah as well. We lated to Iran would require President that again because we are here osten- might as well call Mahan Air ‘‘Ter- Obama to determine if Iran violated sibly working on a national defense au- rorist Airways.’’ That might be a more international law several months ago thorization bill, burning daylight and appropriate name. Because of its role when it detained a number of U.S. sail- wasting time when we could actually in ferrying Iranian personnel and weap- ors. Under bedrock rules of inter- be dealing with the needs of our men ons throughout the region in the Mid- national law, all ships, including U.S.

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The In Texas, because we share a 1,200- or taking any other action that would President has been in Hanoi for the mile common border with Mexico, we prejudice the peace and security of last couple of days, but, frankly, the have seen upfront and close the secu- Iran, it is against the law—against the conduct of the Communist regime is rity challenges—which we need to do law—for Iran to stop, board, and seize marked by the regular silencing of dis- much more to address—but also the that vessel. Iran can’t just remove our sidents and the press and anti-demo- benefits of bilateral trade. As a matter sailors from their boats and detain cratic, heavyhanded tactics to stay in of fact, trade between the United them in Iran because they feel like it power at any cost, not to mention the States and Mexico supports about 6 or steal the GPS units from those denial of religious freedom. By one es- million American jobs. boats. timate, Vietnam is currently detaining We have seen time and time again In addition, the Geneva Convention about 100 political prisoners. how important these public-private makes clear that Iran can’t detain for Clearly, this country does not come partnerships are in helping to reduce no reason and exploit another nation’s anywhere close to sharing the values wait times for the flow of commerce military servicemembers, especially we have here in the United States, across the border and moving people not for propaganda purposes, which is democratic values, and rather than and goods across safely and efficiently. clearly what they did. Iran can’t force steadily improving, I am afraid there is This isn’t just about convenience; this our sailors to apologize when they have no sign the Vietnamese Government is is about security and compliance with done nothing wrong. Iran’s Revolu- working to advance more freedoms for our laws, interdicting illegal drugs and tionary Guards and their state-con- its people. other activities. trolled media had a heyday with the Just this last week, during the visit This legislation would also improve videos and images of our sailors they of President Obama, it was reported staffing, in addition to modernizing the captured and purposely humiliated. that several activists who planned on infrastructure to help better protect le- It seems very likely, based on avail- meeting with the President were de- gitimate trade and travel and keep our able evidence, that they violated our tained by the Communist Party and economy running smoothly. sailors’ rights of innocent passage and prevented from doing so. Similarly, a I thank the chairman, Senator RON very likely the Geneva Convention BBC correspondent said that the Viet- JOHNSON, for his commitment to this itself, and I think we need the Com- namese Government ordered him to issue and commend him for his diligent mander in Chief to call Iran into ac- stop his reporting, simply silencing effort in leading the committee. I am count. This type of destabilizing and this reporter from the BBC. Earlier glad the committee understands that dangerous behavior by Iran cannot this month, the wife of a Vietnam ac- the priority here is to strengthen our occur without some consequences. tivist testified before a subcommittee ports of entry at the border and across My amendment would require the on the House Foreign Affairs Com- the country. President to determine if the rules of mittee about her husband, a human I am grateful not only for the com- international law were broken and, if rights lawyer, who was beaten by mittee’s support but also the bipar- so, require the imposition of manda- plainclothes officers and imprisoned. tisan support of other cosponsors, in- tory sanctions on Iranian personnel What was his crime? Well, according to cluding Senator KLOBUCHAR, the senior who were involved. the government, he was charged with Senator from Minnesota, and Senator A third amendment I have introduced ‘‘conducting propaganda against the HELLER, the junior Senator from Ne- would grant tax-free income status to state.’’ His wife hasn’t seen or heard vada. U.S. troops deployed to the Sinai Pe- from him in months. As always, I appreciate my colleague ninsula. While I support increased economic on the House side, HENRY CUELLAR, for As I have mentioned before, after our and security ties with Vietnam, I don’t working with me on a bipartisan basis trip to Cairo, we flew out to North believe we should sacrifice our commit- and introducing companion legislation Camp, a peacekeeping mission in the ment to human rights in the process. in the House. northern part of the Sinai. This is an We should not be seen as tolerating I hope now that the Homeland Secu- area between the Gaza Strip and Egypt this sort of anti-democratic behavior. rity and Governmental Affairs Com- where, as part of the peace agreement At the very least, we shouldn’t be re- mittee has acted, this Chamber will between Egypt and Israel, negotiated warding it with new access to arms take up the bill soon so we can build on by Prime Minister Begin, President deals by completely lifting the long- the success of similar programs in Sadat, and President Carter, this time arms embargo against Vietnam. Texas and across the country. peacekeeping operation was estab- And what did we get in exchange? Well, With that, Mr. President, I yield the lished. It is called the Multinational I think it approaches zero or nothing. floor. Force & Observers, and it is largely My amendment would help ensure The PRESIDING OFFICER. The Sen- made up of U.S. military, although it is that we don’t reward Vietnam for bad ator from Wyoming. led by a two-star Canadian general and behavior, such as human rights abuses, OBAMACARE a number of Colombian soldiers and when we confer upon them benefits, Mr. BARRASSO. Mr. President, I others. such as lifting the arms embargo, and come to the floor today to talk once Our troops play a strategic role in that they show some respect for demo- again about the health care law. maintaining peace between Egypt and cratic values, religious liberties, and This past weekend I was home in Wy- Israel right there in the northern human rights. oming—as I am just about every week- Sinai, and their work is incredibly dan- We have to keep in mind that the Vi- end—visiting a community called gerous. Unfortunately, some Bedouin etnamese people in that country have Lovell, WY. At Lovell, we had a health insurgents have now affiliated them- no real voice because they are subjects and fitness fair that was focused on selves with ISIS. They have claimed al- of a Communist dictatorship. We must kids and adults in terms of prevention legiance to the Islamic State and are do more to put pressure on the regime of problems and early detection of regularly putting out improvised ex- in Hanoi to empower their own people. problems. They could get their blood plosive devices, which kill Egyptian CROSS-BORDER TRADE AND ENHANCEMENT ACT tests done there. In talking to hun- peacekeepers. Separately, Mr. President—and I see dreds of people there at the hospital, By granting our troops tax-free sta- my colleague from Wyoming wants to what I heard again and again, as I do tus for their pay, we can put them on speak, so let me conclude with this— each weekend, is that this health care equal footing with other American earlier today, the Homeland Security law is having a negative impact, a troops who are deployed in other dan- and Governmental Affairs Committee hurtful impact on the people of my gerous places, such as Afghanistan and passed legislation I have introduced home State of Wyoming.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.030 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3148 CONGRESSIONAL RECORD — SENATE May 25, 2016 I want to spend a little time today with coverage who can’t get care. what you were paying this year—an in- talking about what is happening there. There was a story last week about so crease of 70 percent. Some of these sil- On Monday night, Senator ENZI and I many people in New York City who feel ver plans have gotten so inadequate had a chance to have a telephone town- that ObamaCare is a second-class pro- that they are now what the bronze hall meeting. We talked to a lot of peo- gram. They have that insurance card, plans used to be. This is all as a result ple around the State, and this con- but it doesn’t help them get to see a of what the Obama administration tinues to come up: the high increases doctor—certainly not one they want or forced down the throats of the Amer- in costs, in spite of what the President need for the problems they are having. ican public and every Democrat voted promised. He promised that insurance Some insurance companies have lost for and every Republican voted rates would go down by $2,500 per fam- so much money by selling insurance on against. ily if his health care law was passed the ObamaCare exchange that they One insurance company is actually and signed. In fact, the exact opposite have decided to drop out of the ex- offering a silver plan next year that has occurred. Today I had lunch with a changes entirely. They said: We are comes with a deductible of more than number of students from Lander, WY, done with it. We can’t afford to con- $7,000. Now, that is how much someone in Freemont County, and again this tinue to sell it this way. would need to pay out of their pocket came up as a topic of discussion. We know the insurance company before insurance actually kicked in. What we see is that the insurance Humana is dropping out of several Blue Cross of Idaho is talking about a companies at this time of year are States. We know that deductible of $6,850 for their silver turning in their rate requests—the re- UnitedHealthcare is leaving all but a plan. That is for the silver plan—the quests they have to increase their rates handful of States. In Colorado, 20,000 one that Democrats said was supposed for next year. people have received letters saying to be the benchmark plan, the one that I am going to talk about places all that they are losing their insurance the subsidies are linked to. over the country now because it is not plan next year because companies can- Let’s think about what a $6,850 de- just Wyoming that is suffering under not afford to sell it. And it is only ductible means for most people. Ac- cording to a new poll out by the Asso- the President’s health care law, it is all going to get worse. around the country. According to a recent survey by ciated Press, two-thirds of Americans Families in Iowa now know that McKinsey & Company, it turns out say they would have a hard time actu- their insurance company wants to raise that only one out of every four health ally coming up with $1,000 for an emer- premiums by as much as 43 percent for insurance companies made a profit last gency. So, then, how are they supposed some plans. Some families in New York year. Those are the ones I am talking to come up with over $6,800 in case of a situation that they may find con- have learned that their rates may be about specifically selling insurance on fronting them? going up as much as 46 percent. Let’s the ObamaCare exchange. So one out of turn to New Hampshire. There are fam- These kind of plans, where people pay four made a profit; three out of four a lot and don’t get much in return, are ilies in New Hampshire who have got- lost money. And we say: How is it that ten the news that they could be paying what President Obama and the admin- they were able to make a profit? istration used to call ‘‘junk insur- 45 percent more. So when we look Well, this is what they did: The ones ance.’’ I remember the President talk- State by State by State, what we are that were able to make a profit tended ing about that. ‘‘Junk insurance’’ is seeing across the country is rates going to be companies that have a lot of ex- what he said. He said that the health up dramatically, impacting the ability perience offering Medicaid insurance. of people to even afford their insur- care law would stop that; that would Basically, they took their Medicaid never happen under an Obama adminis- ance. plans and sold them to people on the A health care group looked at nine tration and an Obama plan. Instead, ObamaCare exchange. These are plans States where information has been re- this President, under ObamaCare, is with very narrow networks of doctors, leased. They found what they call a pushing more and more people into so you can’t just go to any doctor you standard shopper for insurance. The av- these kinds of plans, and this adminis- like, and they have very narrow num- erage cost of a silver plan—the most tration is even subsidizing them. bers of hospitals, so you can’t go to any commonly sold plan—will go up 16 per- So premiums are going through the cent next year. That is for a typical, hospital you like. For these specific roof. The deductibles are going up so say, 50-year-old person who doesn’t companies, a lot of these plans are ones high that people have insurance— smoke. It adds to an average cost of that have very high deductibles. So which is mandated by law that they about $6,300 per year for that person somebody may have an insurance card, have—but it turns out that, for many trying to buy insurance. but the deductible is so high—the dol- of them, it is useless. People may have What we are seeing today is more and lar-for-dollar out-of-their-pocket ex- to find a new primary care doctor or a more people getting sticker shock pense—that they say they can’t afford new pediatrician every year because under ObamaCare. The health care law to see a doctor, and they have they are getting switched from plan to has created so many problems for the ObamaCare, which they are finding is plan to plan because they can’t afford American public—for taxpayers—be- essentially useless for them. the plan that they have, and the rates cause taxes have gone up as a result of There were different levels of insur- continue to go up. And the President, this for providers of health care and ance plans that ObamaCare came out who had once said ‘‘If you like your certainly for patients. The health care with—bronze, silver, gold, and plat- plan, you can keep it,’’ now says ‘‘Oh, law has caused mandates. It has put re- inum. Most of the people have been no, you had better shop around.’’ He strictions in place. It has been made so choosing the silver plans because that said that if you like what you have, expensive that most people think it is was thought to be sort of the midrange you can keep it. He completely flipped not a good deal for them personally, plan. Well, now those silver plans are and now says that you had better shop which is why, in terms of the number coming with very high costs. This around. of people who were uninsured when the means that people may be paying, People continue to lose plans because law was passed, fewer than one in three again, for coverage, but they are not insurance companies are going out of of them have actually signed up for getting care. business or they just quit selling insur- ObamaCare. That is because all these There is a company in Virginia. They ance entirely. To me, this is just one mandates and all these restrictions have decided they are getting rid of the more sign that this health care law is have made insurance much more ex- bronze plan entirely. They have said a sinking ship. It is falling apart. And pensive when it comes down to actu- ‘‘No, we are not going to sell the insurance companies have found that ally trying to get care. bronze plan anymore,’’ and they are one reason they are losing so much Let me point out that the President pushing all of their customers up into money is that their customers are sick- is very specific when he talks. He the silver plan. They are doing this, er than the President thought they doesn’t talk about people getting care; but if you are one of the people who would be and that the insurance com- he talks about coverage. had the bronze plan that they are not panies thought they would be. The peo- The headlines in the New York Times going to sell anymore, you can see ple who are healthy basically aren’t in- have been that there are a lot of people your rates going up 70 percent from terested in buying this very expensive

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.031 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3149 insurance. They feel it is a waste of actually thoughts of my grandkids and things we would like to do to help ev- their money and would rather just pay their future that keep me awake eryone out. Every elected official has the fine to the IRS. nights. I see a bleak future for them great ideas for something that might On Monday, the head of the State because of our overspending, and I hear make a difference, but we don’t look to ObamaCare co-op in New Mexico was their small voices saying: You were see if it already has a similar program on the television network CNBC, talk- there. Why didn’t you fix it? Why or if what we already do in that area is ing about this problem. His name is Dr. didn’t you give us the chance you had? working. In fact, the bills we passed Martin Hickey, and he is the CEO of We didn’t want anything for free. We don’t have enough specificity to know New Mexico Health Connections. His just wanted an opportunity to earn our if we are achieving what we hoped we company is asking to raise premiums own way to what was the American would get done. for some of its plans by 34 percent next dream. Without measurable goals, we can’t year. Still, he said, ‘‘With these heavy How are we going to answer that measure progress. We don’t include rate increases’’—and these are heavy question? I am not just asking the specificity for how we are going to rate increases—‘‘the problem is the Members of Congress, I am asking ev- achieve our goals, which allows or people who are going to say ‘for a $695 eryone in America because everyone forces agencies to go where they want penalty, to heck with it.’ ’’ So of the has and is getting benefits from this to go. We never know if we actually people the President is mandating to great country at the expense of the fu- solved the problem we started out to buy insurance, many are saying, ‘‘to ture. solve. For some Federal employees, it heck with it.’’ That is what we hear Let’s look at the problem together. is important never to get the problem from this CEO. Here is where we are right now and solved as their jobs might be elimi- Look, this is just what Republicans where we are headed: Our national debt nated. have been predicting ever since Demo- isn’t sustainable because of the inter- Have you ever had an agency come to crats first brought this health care law est alone. Interest on the debt could you and suggest that their mission no to the floor and they passed this ex- mean we would have to make cuts to longer exists so we should end their traordinarily expensive law and man- programs we never dreamed of cutting. funding? Not that I know of. dates on the American public. We already owe $1,900 billion. Some- Once a young man came to me and he Dr. Hickey, CEO of New Mexico times that is called $19 trillion. I prefer said: This will probably cost me my Health Connections, said, ‘‘The healthy to call it $19,000 billion; it sounds like job, but what I am doing doesn’t have are abandoning insurance, and what more. That is soon headed to $20,000 to be done at all. By telling you this, I you’re left with is the sick, and you billion, or $20 trillion. We have already will probably lose my job, but I feel can never raise your rates high exceeded that. At 1 percent interest— strongly about it. enough.’’ That is not what Democrats and that is interest alone—interest I told him he ought to be promoted promised. That is not what they stood would amount to $200 billion a year. and worked to have that happen. up here on the floor and talked about. We need to worry about when the in- I want to congratulate Senator They promised—and so did President terest rate gets to the norm of 5 per- GRASSLEY for his efforts on whistle- Obama—that the health care rates cent, and that could happen as early as blower protection so employees can would go down. They promised insur- in the next 3 years. Imagine if the in- point out problems without retaliation. ance coverage would get better. It has terest rate went to 5 percent; 5 percent We have regulations that cost jobs and not. It has gotten much worse. They is the historic average for Federal bor- the economy for very little value. We promised that if you like your doctor, rowing. Excluding mandatory spend- have a rule that there has to be a cost- you can keep your doctor. In many ing, we currently only get to make de- benefit analysis for any project over cases, you can’t. They promised that if cisions on $1,070 billion a year. Do the $100 million of impact, but that is sel- you like your insurance, you can keep math. Five times $200 billion is $1,000 dom done, and there are few standards your insurance. In many cases, you billion. Remember, we only get to for doing it anyway or requirements to cannot. make decisions on $1,070 billion a year. actually force it to be done. The bene- People all across this country are So interest alone could crowd out al- fits might be costed over decades while getting a reminder of ObamaCare’s bro- most the entire annual budget. What the costs are immediate and con- ken promises as the health care re- would that extra $70 billion fund? When tinuing. quests for increases come out. Demo- that happens, could we forget about If we can improve the private econ- crats want to double down on this funding defense or education or agri- omy by 1 percent, we would increase failed health care law and add more culture or any of the other programs revenue to the Federal Government by mandates and more restrictions. They we are expected to fund? $400 billion without raising taxes. In- want more government control over What we are doing is not sustainable. stead, we have gone from GDP—that is people’s health care. What would we be forced to cut just to private sector productivity—from 2.7 It does seem that everything the pay the interest? How many people do percent down to 0.5 percent. That is a Democrats propose just makes prices you think would be willing to invest in huge loss of tax revenue. go up faster. That isn’t what the Amer- America just in order to get their own We have regulations that have been ican people wanted, and it is certainly interest paid? The answer is no one. In- on the books for years that haven’t not what we need from health care re- cidentally, we may already be bor- been reviewed to see if technology has form in this country. This law was rowing to pay interest, but so far no made them outdated. Regulations cost passed 6 years ago, and it is getting one knows it—yet. jobs but only in the private sector. worse every day. From a Bloomberg business article, When is the last time you remember a Mr. President, I yield the floor. ‘‘There’s an acknowledgement, even in Federal employee being laid off be- I suggest the absence of a quorum. the investor community, that mone- cause of budget cuts or ending a pro- The PRESIDING OFFICER (Mr. tary policy is kind of running out of gram? I know we passed a major edu- TOOMEY). The clerk will call the roll. ammo.’’ That was said by Thomas cation bill here recently, and we elimi- The legislative clerk proceeded to Costerg, the economist at Standard nated the national school board and a call the roll. Chartered Bank in New York City. A lot of the national requirements. Mr. ENZI. Mr. President, I ask unani- lack of monetary ammo will drive up So when we had the new nominee for mous consent that the order for the interest rates dramatically, forcing us Secretary of Education, I asked him quorum call be rescinded. to pay even more interest on our debt. how many jobs that was going to save The PRESIDING OFFICER. Without Because we are the largest economy in in the Department of Education. He objection, it is so ordered. the world, there isn’t anyone who could said: Well, none. We are just going to OUR NATIONAL DEBT bail us out. move them around and use them in Mr. ENZI. Mr. President, I want the There are lots of causes to this prob- other places. Wrong answer. According Presiding Officer and my colleagues lem. Let me cover some of them. We to the Congressional Budget Office, we and the people of America to know don’t ever look back at what we have saved 237 jobs that will not have any- what is keeping me awake nights. It is done. We keep looking forward to new thing to do.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.033 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3150 CONGRESSIONAL RECORD — SENATE May 25, 2016 There are 96,000 Federal employees in our jurisdiction of Health and Edu- The next way to trick hard-working, the District alone. What are they all cation. Later we were able to get some tax-paying Americans is to make it a doing? An example is a principal who of those others down to 45. Two years mandatory program. Here is a manda- came to see me my first year here. He ago, I got an amendment passed that tory versus discretionary chart. This is had been filling out Federal reports for the programs had to be reduced to five the $1,070 billion I talked about that we a long time, and he wondered where and all of them put under the Depart- get to make decisions on. These are the they went. So I sent him to the Depart- ment of Education. Even though that mandatory programs that we have, and ment of Education, and he spent a se- is the law, that hasn’t happened yet. they are growing faster and faster. As mester there and followed all those re- Does the Federal Government ever the baby boomers kick in, you will see ports around. Then he came and re- take a cut in dollars? We get instant such a rapid escalation here that I ported to me. He said: You know, they complaints if the requested increase is don’t know how we will ever be able to really look at those carefully. They less than what was asked for—not less afford it. make sure every single blank is filled than what they had the year before, Fifty years ago, 30 percent of spend- in. They make sure every single blank less than what was asked for. Only in ing was mandatory. We got to make has a logical answer. If it doesn’t, they government is that considered a cut. annual decisions on 70 percent of the send it back. They get it back, and Our budgets and spending are set up to money. Because of the expansion of the they check it over again. Then, they allow everyone to get what they got mandatory programs, 70 percent of file it and nobody ever looks at it. last year, plus the amount of inflation. spending is on autopilot and funded I have been trying to get rid of some We call it baseline budgeting. Many every year without a vote, and we only of those forms since that time. governments have gone to economic get to make decisions on 30 percent of How about expired Federal programs? sector budgeting under a cap of ex- the money. Some of the mandatory Last year I spoke often about the 260 pected revenues. You don’t look at programs used to have their own rev- programs we still have that expired, what the expected revenues are. Some enue stream, sufficient to cover the but we are still spending money on governments only borrow for long-term amounts paid out. Social Security is a them to the tune of $2931⁄2 billion a infrastructure investments. We borrow prime example. When it was set up, you year—260 programs expired, $2931⁄2 bil- for day-to-day expenses. As I men- couldn’t retire until you were 65, and lion paid out to them each year. One of tioned earlier, we could be borrowing life expectancy was 59. them expired in 1983, another one in to pay our interest on our debt. There used to be more people work- 1987, and most of them before 2006, and I am not even going to cover the Tax ing and paying into Social Security we are still giving them money. Code that has evolved from raising the than the amount paid out to recipients. After a year of harping on it, I find basic money to run the government to When that happened, the excess money that we have reduced the number of ex- a way to legislate social programs or was spent—yes, spent—and bonds were pired programs from 260 to 256, but we for special benefits to individuals and put in a Social Security drawer backed have increased the spending on expired businesses. Our Tax Code is costing us by the full faith and credit of the programs from $293 billion to $310 bil- jobs. United States. If interest rates go to 5 lion. That is not progress. What are some of the other causes of percent, how well do you think that Here is another part of the problem. our debt problem? We are really good will work out? Pension funds for bank- I have this housing chart. There ought at new and super ideas. Every idea is rupt companies of coal miners and the to be savings from better organization. designed to help out the folks back Central States multiemployer pension We have 20 Federal agencies here. home. They all lend themselves to the fund are going broke now, not 20 years, Somebody once said that if you take greater good, but if they aren’t paid not 30 years, not 40 years in the future. the 26 letters of the alphabet and you for, they steal from the future. We They are going broke now. But they picked any 3 or any 4 and you put them found many ways to steal from the fu- are a symptom of what we are about to in any order you want to, there would ture. We are spending money that will face. be a Federal agency by that name. We not be there for our kids or our People are talking about Puerto Rico have 20 of those right here, and that grandkids to spend. As my grandpa and how they need a bailout. Who isn’t the whole chart. It would take a would say, it is ‘‘like milking a cow in would bail out the United States? Who much bigger chart to show the whole a lightning storm, they’ll just be left would have enough money to do that? story, because these 20 Federal agen- holding the bag.’’ We go to mandatory programs, so we cies oversee 160 housing programs. How We fudge these new ideas into exist- don’t have to figure out how to pay for many housing programs does it take? ence. The easiest way is to do a dem- programs. It continues without further What are they doing? Could they be onstration program. Demonstration votes or review. Everyone wants their combined? We don’t look at that. programs let you ease into the spend- favorite program to have dedicated Wouldn’t consolidation of these re- ing a little at a time—boil the frog funds, except we don’t dedicate funds sult in some kind of savings? Maybe slowly. You just start it in a few cities to it and we ran out of real money. consolidation would result in some effi- or States to show what a difference Mandatory spending used to mean that ciency. Shouldn’t all of this be con- that idea would make. Demonstration there was a dedicated stream of money trolled by one entity? What are we try- programs are always sold on the basis sufficient to cover the cost of the pro- ing to achieve in housing? Do we have that a successful program will show gram without dipping into the general 160 different plans and goals? Shouldn’t the local benefit and will be taken up fund. we consider that a major economic sec- locally because they have seen the ad- Here is a chart that shows how we tor and have that a separate part of our vantage. are doing on that score. Let’s see. Here budget? Can’t some of the programs be I am not aware of a single program is dedicated income as a percent of combined? that hasn’t been spectacular. Every spending for 2015—actual—and income When I came to the Senate, there program works out as planned, except covered just 51 percent of spending. In were 119 preschool programs for chil- for the part about being valuable 2016, we only covered 49 percent, and in dren. We all know and acknowledge the enough to be adopted and paid for lo- 2017, it might bump back up to 50 per- value of preschool and how it increases cally. So the need for the money to cent. Where does the other 50 percent their earnings later on and cuts down continue to be spent continues and come from? It either has to be stolen on the amount of crime and helps the continues. Not only that, if it worked from the future or taken from the economy. We all know and acknowl- so well for the few, it needs to be ex- present, which means that less can be edge that value, but Senator Kennedy panded nationally so everyone can ben- done under the regular budget. and I found that many of them have efit. Unfortunately, while there may Another funding trick that we use is been evolved into expensive childcare have been offsets for the original pro- to allocate funds from the future to services rather than education, and gramming, there was never a source of spend in the present. We take funds they weren’t meeting their goals. We ongoing funds for the continuance of from up to 10 years out. We imagine were able to get those programs down the program, let alone for its expan- that they already came in and some- from 119 to 65. That was all that was in sion. times we spend them in 1 year. That is

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.037 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3151 borrowing from the future. That is bor- when his 13-year-old friend acciden- the Presiding Officer and many of my rowing money that our kids will need tally fired a small .38-caliber semiauto- colleagues know, I try to come to the for the dreams they have for their kids matic pistol. His friend thought the floor every week or couple of weeks to and America. gun was unloaded when he pulled the tell a handful of stories of the 31,000 a That brings me to emergency spend- ammo clip from the handle. He killed year, 2,600 a month, and 86 people a day ing. Any event that can be considered a his friend, Senquez, who was 15 years who are killed by guns, resulting from crisis can be considered for emergency old, and now that 13-year-old boy has a variety of reasons. Most of these are spending. Hurricanes, floods, torna- been charged with involuntary man- suicides, many of them accidental. does, earthquakes, and even failures by slaughter. In addition, they layered on They happen in large numbers and Federal agencies can be considered charges of obstructing prosecution and small. Last year we had 372 mass emergencies. carrying a weapon. shootings, which I categorize as 4 or In earlier years when I looked at Senquez is remembered by his friends more people being shot at any one emergencies, it looked to me like we and family as being a great athlete. He time. Many of these are domestic vio- spent about $6 billion a year on emer- loved basketball. He dreamed of play- lence incidents or gang-involved inci- gencies. Recently, I decided I needed to ing in the NBA. He always told his dents. There are a lot of different sto- have that figure checked. To my sur- auntie that he was going to be just like ries as to why this happens. prise, I found out that we have $26 bil- LeBron James. I come to the floor to talk for a mo- lion a year in emergencies that is un- One speaker at his funeral said that ment today on a specific aspect of our paid for and will be borrowed from the they had never met another child with path forward on addressing gun vio- future or borrowed on the debt. This more gratitude than Senquez. He had lence. Tomorrow Senator CASSIDY and I little chart points that out. We are deep gratitude for the things he had will host a summit here in Washington billing an average of $26 billion for been given. He died from an accidental on mental health reform. Senator CAS- emergencies. gunshot wound on March 18. SIDY and I, with the help of 16 of our Anytime you know you are going to Earlier in the year, Romell Jones was colleagues—eight Democrats and eight have some expense every year, maybe standing outside the Alton Acres hous- Republicans—have introduced a bipar- that ought to be a part of the budget. ing complex with a group of kids his tisan comprehensive mental health re- Maybe we ought to plan on it. Maybe age in Alton, IL. He was 11 years old. form act that we think, if it passes, we ought to figure out how we are They were waiting to get picked up to will dramatically improve the experi- going to pay for it. go to basketball practice. While they ences of individuals who are trying to What are you going to tell your were waiting outside, a red car pulled seek help for their mental illness. grandkids you did to give them oppor- up and someone inside the car fired Given the fact that we are going to tunities? Do you want to be here to an- multiple shots into this group of kids, have hundreds of people at this summit swer that question when Social Secu- and Romell was killed. tomorrow, that many of us are living rity is cut by 20 percent to fund defense His friends remember him—frankly, with the daily ramifications of un- because interest payments have used like Senquez—as always having a bas- checked gun violence, and that we are up all of the money we get to make de- ketball in his hands. The middle school continuing to press for legislation on cisions on? Can we consolidate pro- coach, Bobby Everage, who was plan- this floor—as I know the Presiding Of- grams? Can we be sure they have meas- ning on coaching this incredibly tal- ficer is—I want to talk about the mis- urable goals and hold them to achieve- ented kid, said: takes I think we make in how we talk ment? Can we watch regulation to see This young man’s life was cut short and he about the intersection between mental that it achieves its goal with a min- had so much potential. I know he was a good health and the epidemic of gun vio- imum of jobs lost? Can we review old kid and has a lot of friends. When life ends that way, it is so sad. lence. programs for elimination or consolida- I will talk about it for a second tion when we look at new ideas? Can His fifth grade teacher said that Romell was well liked by all of his through the lens of Sandy Hook. On the we find ways to fund our ideas without same day that Adam Lanza walked stealing from the future? How will you teachers and all of his classmates. into Sandy Hook Elementary School answer to your grandkids for what you He was always happy, sensitive, and an ex- and murdered 26 children and edu- have done? cellent student. As a fifth grader he I yield the floor. mentored younger students at our school. cators, another mentally ill man in The PRESIDING OFFICER. The Sen- He was only 11 years old when he was Henan, China, walked into a school and ator from Connecticut. killed while waiting to go to basketball attacked 22 students—almost the same number. Now, in Sandy Hook, every GUN VIOLENCE AND MENTAL HEALTH REFORM practice. Mr. MURPHY. Mr. President, about a At the end of last year—this is a single child who Adam Lanza fired a week ago, Josh Cortez was found shot story I pulled out of the dozens that bullet at and hit died. In China, every and lying on the pavement in Hart- were killed in Connecticut cities— single student survived. Both assail- ford’s South end. Josh was 22 at the Antoine Heath was 29 years old when ants were unquestionably deeply men- time. His girlfriend, who was 23 years he was shot in the chest while sitting tally ill, but only one incident resulted old, was found in a parked car nearby in a parked car on the outskirts of in a worldwide tragedy. The difference with a gunshot wound. She was rushed Edgewood Park in New Haven. His wife is that Adam Lanza walked into that to Hartford Hospital where she died a of 4 years and mother of his two chil- school with a semiautomatic rifle, and half hour later. They were the sixth dren, ages 4 and 3, said that her hus- the attacker in China walked into that and seventh homicide victims in Hart- band was a family man. ‘‘He was loving school with a knife. ford this year. and hard working.’’ Our Nation has seen the horror that They had been dating for about 2 Antoine’s nickname was ‘‘Champ,’’ in unfolds when mental illness and gun vi- years, and they had a 2-year-old daugh- large part because he was such a cham- olence intersect in devastating ways ter. He had just celebrated his 22nd pion of causes in and around his com- and the cycles of shock, despair, hor- birthday. His cousin said: munity. A childhood friend said: ror, and grief that accompany mass [Josh] was a great kid. He turned his life He tried to get me to see things clear. He shootings are still a uniquely American around for the better. He had a rough start, made sure everybody was all right. He just routine. We can’t fathom what would but he was doing a complete 360 for his baby wanted his family to be together. drive someone to commit such horri- girl. He had big plans for the weekend just fying acts. It is easy for society to His cousin said that he was just following his death. He was going to be blame that shooting in Newtown or in wrapping up a jail diversionary pro- baptized. His sister said: Aurora or wherever the next one may gram at the time of his death and that He was ready to give his life over to God, be on the mental illness. If we truly he was ‘‘committed to the program,’’ and he made the decision on his own. That want to stop these mass shootings and making every appointment and fol- was something he wanted to surprise the do something about the 86 people who lowing every regulation. family and do. are murdered every day, we have to Two days later, across the country in Those are just four stories—four stop ourselves for a second and ask Iowa, Senquez Jackson was 15 years old voices—of victims of gun violence. As why this epidemic of gun violence

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.039 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3152 CONGRESSIONAL RECORD — SENATE May 25, 2016 doesn’t happen in any other industri- The stigma around mental illness is tal illness, curing mental illness would alized country the way it happens here. still crippling. I know we passed a law be a remarkable achievement, but it We have to ask ourselves: Is it because that requires insurance companies to wouldn’t solve this problem. more Americans suffer from mental ill- say on your statement of benefits that It is even worse than that because ness? No, the statistics don’t tell us you have coverage for mental illness. draping the scourge of gun deaths that. Is it because the mentally ill in Everybody knows that when you actu- around the necks of everyday Ameri- America are more violent than the ally try to access those benefits, bu- cans who are struggling with mental mentally ill in a place like Europe? No, reaucrats put up bureaucratic hurdles illness just increases the stigma I was the data doesn’t tell us that. Do other in front of your actually getting reim- talking about that surrounds disorders countries spend more money on treat- bursed for mental health care that of the mind. Scapegoating the 44 mil- ing mental illness than the United they never would if you were trying to lion Americans with mental illness just States does? Is it that their systems get reimbursed for a broken leg or reinforces the idea that they should be are more adequate than ours? No, the heart surgery. feared rather than treated. data doesn’t tell us that either. Now, fortunately, the Mental Health We have a mental health crisis in What is the difference between the Reform Act, which this summit will this Nation, and we have a gun vio- United States and every other devel- cover tomorrow, really does start to lence crisis as well. These two oped nation? Why is our gun homicide unlock many of these most difficult epidemics overlap—there is no doubt rate 20 times higher than the average problems. The Mental Health Reform about that—but solving one, the men- OECD nation? Why don’t other coun- Act will properly capitalize our mental tal health epidemic, doesn’t solve the tries that experience the same level of health system by putting back into it other. And conflating mental illness mental illness and spend the same funding for inpatient beds and starting and gun violence may serve the polit- amount of money treating it have a to marry the physical health system ical ends of those who don’t want to comparable number of shootings—mass with the mental health system. It at- have a conversation on this floor about and individual shootings? Well, one of tacks this stigma by requiring insur- background checks or assault weapons the differences is guns. The difference ance companies to administer benefits or more resources for the ATF, but it is is that in America we are awash in ille- in the spirit of parity and not just say not going to make America any demon- gal guns—high-power military-style as- that you have a mental health benefit. strably safer. sault firearms that are designed to kill It invests in prevention and early I think this is a very important con- as many people as quickly as possible. intervention and treatments so that we versation to have, and I don’t want to The reality is that whoever shot that are not just hitting the problem at the shy away from these intersections that couple in Hartford or that father New back end. It gets into tough issues, like exist, but I want to get it right. In the Haven didn’t have to try very hard to how our HIPAA laws unfortunately end, I want this body to commit itself find a weapon. It was either in their stand in the way of caregivers actually to solving our mental health crisis and house or around the corner or at a being part of the treatment plan for then doing what is additionally nec- friend’s apartment. their seriously mentally ill young essary to do something about the 31,000 There are a lot of people who would adults. a year, 2,600 a month, and the 86 a day like to very easily conflate the con- The Mental Health Reform Act is a who are killed by guns in this country. versation about gun violence with the path forward to fixing our broken men- Mr. President, I yield the floor. conversation about fixing our mental tal health system. But pretending that The PRESIDING OFFICER. The Sen- health system. Let’s just think about mental health reform is a sufficient re- ator from Tennessee. two States: Wisconsin and Wyoming. sponse to gun violence is not only Mr. ALEXANDER. Mr. President, These are States that have very simi- wrongheaded, it is also dangerous be- while the Senator from Connecticut is lar mental health systems and spend cause the facts are incontrovertible still here, I want say through the Chair the same amount of money. Yet one that individuals coping with serious that I am glad I had a chance to hear State, Wyoming, has a gun homicide mental illness commit less than 5 per- his remarks. I agree with him that rate that is twice that of Wisconsin. cent of all violent acts in this country. there is a mental health crisis, and I There is no data that suggests that Let me say that again. People with congratulate him for his leadership, es- mental illness explains the difference mental illness commit less than 5 per- pecially with the Senator from Lou- between those two States, just like cent of all violent acts in this country. isiana, Mr. CASSIDY, in focusing the there is no evidence that mental illness They are frankly far more likely to be Senate’s attention on dealing with it explains the difference between two the victims of gun violence than they this year. I think he has a very pas- countries. are to be the perpetrators of it. sionate and practical way of making This argument about an inadequate Obviously, people like Adam Lanza, the argument that while there may not mental health system being the reason Jared Lee Loughner, and James be a consensus on what we do about for epidemic rates of gun violence has Holmes had complicated and dev- guns, there is a consensus, I believe, in become a very convenient political fate astating behavioral health disorders. this body on what we do about mental that is perpetrated by people who don’t There are Adam Lanzas, Jared health or at least an important step in want to get to the question of whether Loughners, and James Holmeses in the direction of dealing with the crisis. our gun laws have something to do every other country in the world, but If we are able to do it, Senator MUR- with these epidemic murder rates. in these other societies mental illness PHY, Senator CASSIDY, and Senator There is no doubt that the mental doesn’t lead to mass murder. Some- MURRAY, the ranking Democrat on the health system in this country is bro- thing is different in America such that HELP committee, will deserve great ken. It is dramatically under- people who are coping with mental ill- credit for that happening. I plan to at- resourced. People have to wait for ness turn to a weapon. This celebratory tend for a while the summit tomorrow months to get an outpatient appoint- culture of firearms and violence, this that Senators MURPHY and CASSIDY are ment. We have closed down 4,000 men- easy access to weapons of war that en- hosting. It will help to draw attention tal health inpatient beds in this coun- able men and women with a severe to the efforts that the Senators made. try just in the last 5 years alone. It is mental illness to instantly transform Last year the full Senate passed the ridiculously uncoordinated. We have themselves into mass murderers is Mental Health Improvement Act. This built up a system in which your body unique in this country. year, working with the Senators from from the neck down is treated in one Even if Congress passed a bill today Connecticut and Louisiana, and the system, and then you have to drive two that magically eliminated all mental Senator from Washington, Senator towns over if you want to get treat- illness in the United States, our coun- MURRAY, we have incorporated that ment for your body from the neck up. try would still have more gun violence into the Mental Health Reform Act. We People with mental illness die 20 years and shooting deaths than any other are very hopeful we can pass that legis- earlier than people without mental ill- country in the developed world. Given lation on the Senate floor in June and ness because those two systems are not that only 5 percent of these crimes are work with the House to turn it into a coordinated. perpetrated by people with severe men- law this year.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.040 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3153 No doubt we will have more to do on immune response or choke the supply of nu- Stanton shared photos and stories of the mental health crisis after that, and trients or oxygen. More and more, we must Sloan Kettering patients and their par- we will have more debates on this floor come up with ways to use drugs as precision ents, as well as the doctors and re- about what the Senator from Con- tools to jam cogs and turn off selective switches in particular cancer cells. Trained searchers working to treat and cure necticut calls the gun crisis. But there to follow rules, oncologists are now being them—many stories hopeful, all dif- is no reason we cannot move ahead asked to reinvent them. ficult to read. As Stanton put it: with what we already have a consensus The article continues: ‘‘These are war stories.’’ on in mental health. I am committed, Cancer—and its treatment—once seemed In one post, a researcher at the pedi- as I know Senator MURRAY is, and so simpler. . . . A breakthrough came in the atric center says: are other Members on this side of the 2000s, soon after the Human Genome Project, In the movies, scientists are portrayed as aisle. I know that Senator BLUNT from when scientists learned to sequence the having a ‘‘eureka moment’’—that singular Missouri feels passionate about mental genomes of cancer cells. moment in time when their faces change and health needs. Senator CORNYN is work- Gene sequencing allows us to identify the they find an answer. . . . [I]t’s hard to say ing on helping us resolve this legisla- genetic changes that are particular to a what a ‘‘eureka moment’’ would look like in given cancer. We can use that information to my research. Maybe it’s when I’m finally tion. And Senator MCCONNELL has said guide cancer treatment—in effect, matching able to look patients and parents in the eye that if we can find a consensus among the treatment to an individual patient’s can- and say with confidence that we have what’s ourselves and reduce the amount of cer. needed to cure them. time it takes to put it on the floor, he In another Times story, the reporter In another, a doctor at the center will interrupt the appropriations proc- writes: says: ess, put it on the floor, and try to get Today, a better understanding of cancer’s It’s been twelve hours a day, six days a a result this year. workings is transforming treatment, as week, for the last thirty years. My goal dur- So I am glad I had a chance to hear oncologists learn to attack tumors not ac- ing all these years was to help all I could cording to their place of origin but by the the Senator. I pledge to continue to help. I’ve given 200%. I’ve given transplants mutations that drive them. The dream is to work with him to get a result on the to over 1200 kids. I’ve published as many pa- go much deeper, to give an oncologist a list- Mental Health Reform Act that he has pers as I could. . . . But now I’m almost fining of all a tumor’s key mutations and their played such a key role in fashioning. ished. It’s time for the young people out biological significance, making it possible to there to finish the job. They’re going to be 21ST CENTURY CURES LEGISLATION put aside the rough typology that currently Mr. President, I would like to speak reigns and understand each patient’s per- smarter than us. They’ll know more. They’re on another issue that the Senator from sonal cancer. Every patient, in this future going to unzip the DNA and find the typo. Connecticut has also played a role in situation, could then be matched to the ideal They’re going to invent targeted therapies so we don’t have to use all this radiation. because he is an important Member of treatment and, with luck, all responses the HELP committee in the Senate, would be exceptional. How do we make good on these dol- This idea, more broadly, has been called lars? How do we ensure that these re- and that is what we call the 21st Cen- precision medicine: the hope that doctors tury Cures legislation. This legislation, markable new discoveries of targeted will be able to come to a far more exact un- therapies are able to reach the patients in which President Obama is interested derstanding of each patient’s disease, in- and which we have mostly finished in formed by genetics, and treat it accordingly. that need to be reached? We must give the Food and Drug Ad- terms of our committee work in the I am here today to insert these im- Senate, has already passed the House. portant stories from the New York ministration the tools and the author- A little over a week ago, the New Times Magazine, the ‘‘Humans of New ity it needs to review these innovations York Times Magazine published a spe- York’’ blog, and Drs. Frist and and ensure that they are safe and effec- cial health issue on the new frontier in Coburn’s Wall Street Journal op-ed tive, that they get to the patients who need them in a timely way. That is ex- cancer treatment—how doctors and re- into the RECORD and to remind every- searchers are trying new tips, new one that this year the Senate HELP actly the goal of our Senate Cures Ini- drugs, even new ways of thinking about Committee has passed 19 bipartisan tiative that I am committed to seeing cancer. This month the photographer bills that will help drive medical inno- through to a result. Brandon Stanton, who documents the vation. I am working today with Sen- Dr. Francis Collins, Director of the stories of ordinary people in his pop- ator PATTY MURRAY of Washington, the National Institutes of Health—he calls ular photography blog, ‘‘Humans of senior Democrat on the committee, on it the National Institutes of Hope—a New York,’’ turned his lens on the pean agreement that will give the Na- Federal agency that this year funds $32 diatrics department of Memorial Sloan tional Institutes of Health a surge of billion in biomedical research, offered Kettering Cancer Center in New York funding for the President’s Precision what he called ‘‘bold predictions’’ in a City to help raise money for cancer Medicine Initiative, which will map 1 Senate hearing last month about major treatment and the research hospital million genomes and give researchers a advances to expect if there is sustained there. giant boost in their efforts to tailor commitment to such research. Also this month, two former U.S. treatments to a patient’s individual ge- Listen to what he said. One pre- Senators, both of them physicians and nome. It will also provide funding for diction is that science will find ways to one a cancer survivor—Dr. Bill Frist the Cancer MoonShot, which the Vice identify Alzheimer’s before symptoms and Dr. Tom Coburn—wrote an op-ed in President is heading, to try to set us on appear, as well as how to slow or even the Wall Street Journal about what the a faster course to a cure. prevent the disease. Today, Alz- Senate is doing to help bring safe To raise money for cancer research- heimer’s causes untold family grief. It treatments and cures to doctors’ of- ers at Sloan Kettering, Bradley Stan- cost $236 billion a year. Left un- fices, patients, and medicine cabinets ton used photos on his ‘‘Humans of New checked, the cost in 2050 would be more more quickly. York’’ blog, Facebook, and Instagram than our Nation spends on national de- Mr. President, I ask unanimous con- accounts. He writes: ‘‘The study of rare fense. sent to have printed in the RECORD the cancers involves small and relentless Dr. Collins’ other predictions are op-ed by Dr. Frist and Dr. Coburn at teams of researchers. Lifesaving break- equally breathtaking. Using the conclusion of my remarks. throughs are made on very tight budg- pluripotent stem cells, doctors could In the New York Times Magazine ets. So your donations will make a dif- use a patient’s own cells to rebuild his issue, one oncologist writes: ference. They may save a life.’’ or her heart. This personalized rebuilt [For patients] for whom the usual treat- The fundraiser wrapped up this past heart, Dr. Collins said, would make ments fail to work, oncologists must use weekend. More than 103,000 people do- transplant waiting lists and anti-rejec- their knowledge, wit and imagination to de- nated more than $3.8 million to help tion drugs obsolete. vise individualized therapies. Increasingly, fight pediatric cancer. More than $1 I had a phone call from Doug Oliver we are approaching each patient as a unique million was donated in the last day of in Nashville, 54 years old, a medical problem to solve. Toxic, indiscriminate, cell- killing drugs have given way to nimbler, the campaign in honor of a young boy technician. Vanderbilt Eye Institute finer-fingered molecules that can activate or named Max to help research and cure pronounced him legally blind. They deactivate complex pathways in cells, cut off DIPG, the brain tumor that ended his said: No treatment, no cure, but check growth factors, accelerate or decelerate the short life. the Internet. Last August, he went to

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.048 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3154 CONGRESSIONAL RECORD — SENATE May 25, 2016 Florida for a clinical trial. The doctors more researchers who want to look the Obama’s cancer ‘‘moonshot’’ and his Preci- took cells from his hip bone using an parent of a small child in the eye and sion Medicine Initiative, which will map one FDA-cleared device, put them through say: We found a cure. million genomes and help researchers develop treatments for diseases more quickly. a centrifuge, and injected them into I notice that the Senator from Penn- The U.S. has invested more than $30 billion both eyes. Within 2 days, he was begin- sylvania has come to the floor. I am in electronic health records over the past six ning to see. He now has his driver’s li- ready to yield my time, but before I years. Yet the majority of systems still are cense back. He is ready to go back to do—and I see the Senator from Mis- not able to routinely exchange patient infor- work. souri as well—before I do, I want to say mation. This legislation will improve inter- He is sending us emails about our of both of them, the Senator from operability and electronic-information shar- legislation urging us to pass it and give Pennsylvania has been a critical coming across health-care systems, playing a fundamental role in improving the cost, more Americans a chance to have the ponent of the 21st century cures com- quality and outcome of care. It encourages kinds of treatments he had that have mittee work in the Senate. Several of the adoption of a common set of standards to restored his sight. the 19 bills that our committee ap- improve information sharing. It also allows Continuing with Dr. Collins’ pre- proved were sponsored by him. I thank patients easier access to their own health dictions for the next 10 years, he ex- him for his work. The Senator from records and makes those records more acces- pects the development of an artificial Missouri—I spoke a little earlier about sible to a patient’s entire health team so pancreas to help diabetes patients by the mental health focus and consensus they can collaborate on treatment decisions. The legislation will also improve the Food tracking blood glucose levels and by that we are developing and how we and Drug Administration’s ability to hire creating precise doses of insulin. hope to get a result this year on men- and retain top scientific talent, which is He said that a Zika vaccine should be tal health in the Senate, as well as 21st vital to accelerating safe and effective treat- widely available by 2018 and a universal century cures. The Senator from Mis- ments and cures. Additional provisions in flu vaccine—flu killed 30,000 people last souri has been key in both of them. the bills will improve the timeliness and ef- year—and an HIV/AIDS vaccine avail- Last year, working with Senator MUR- fectiveness of processes for developing important combination products, such as a able within a decade. RAY, he was the principal architect of a Dr. Collins said that to relieve suf- heart stent that releases medication into the boost of $2 billion in funding to the Na- body. fering and deal with the epidemic of tional Institutes of Health. This year, Alzheimer’s is already the most expensive opioid addiction that led to 28,000 over- he is pushing hard for advances in men- disease in America, and the number of people dose deaths in America in 2014, there tal health. So with this kind of bipar- diagnosed with this debilitating neurological will be new nonaddictive medicines to tisan cooperation, we ought to be able condition is expected to nearly triple to 13.8 manage pain. to get a result in June or early July, million by 2050. This legislation will help ad- Our Senate HELP Committee has ap- vance our understanding of neurological dis- and I am pledged to try to do that. eases and give researchers access to more proved 50 bipartisan strategies de- I yield the floor. signed to make predictions like these data so they can discover new therapies and There being no objection, the mate- cures—giving families hope for the future. of Dr. Collins come true. These include rial was ordered to be printed in the Collectively, these 19 bills are expected to faster approval of breakthrough med- RECORD, as follows: deliver new, safe and effective treatments. ical devices, such as the highly success- [From the Wall Street Journal, May 11, 2016] Any political impediments to this should be ful breakthrough path for medicines overcome immediately. We believe, along STREAMLINING MEDICINE AND SAVING LIVES enacted in 2012, and making the prob- with patients, providers, innovators and pol- lem-plagued electronic health records (By Bill Frist & Tom Coburn) icy makers, that the nation’s current process As doctors, patients and former U.S. sen- for developing and delivering drugs and de- system interoperable and less burden- vices to cure life-threatening diseases must some for doctors and more available to ators, we’ve seen firsthand how medical innovation benefits patients. Those on our op- change. patients. We would make it easier for erating tables and in our practices—and we Millions of patients and the medical com- the National Institutes of Health and ourselves when we’ve needed medical care— munity are counting on Congress to help the Food and Drug Administration to have benefited from breakthroughs in make that change. After 10 committee hear- hire the experts needed to supervise re- science and newly approved treatments that ings and more than a year’s work crafting bi- search and evaluate safety and effec- translate into better health and longer lives. partisan legislation, it’s time for a Senate Yet, tragically, millions of Americans are vote. tiveness. We approved measures to tar- American lives depend on it. still suffering and dying from untreatable get rare diseases and runaway The PRESIDING OFFICER (Mr. superbugs that resist antibiotics. diseases or the lack of better treatment options. Now is the time to pass legislation GARDNER). The Senator from Missouri. As Drs. Frist and Coburn—the former that we know will safely speed treatments to Mr. BLUNT. Mr. President, I men- Senators—wrote in their Wall Street patients in need. Lives are at stake. tioned what incredible leadership Mr. Journal op-ed that this 21st century Before the Senate is a powerful medical-in- ALEXANDER, the Senator from Ten- cures legislation ‘‘touches every Amer- novation package of 19 bills—a companion to nessee, provides on these issues. I was ican’’ and that ‘‘[m]illions of patients the House-approved 21st Century Cures Act— pleased, as he was pleased, and I know and the medical community are count- that will streamline the nation’s regulatory the Presiding Officer was also, that process for the discovery, development and ing on Congress.’’ last year, for the first time in 12 years, The House has already passed by a delivery of safe and effective drugs and devices, bringing the process into the new cen- we were able to have an increase in vote of 344 to 77 companion legislation tury. NIH research. called 21st century cures, including a Today, researchers and developers spend as The future statistics that the Sen- surge of funding for the National Insti- much as $2 billion to bring a new drug or ator from Tennessee talked about on tutes of Health. The President has his therapy to market and the regulatory proc- Alzheimer’s and other things can be Precision Medicine Initiative. The Vice ess can take more than 10 years. That’s too disrupted. In fact, that 2050 number of President started his Moonshot to cure long and too expensive for the five million twice the defense budget spent on Alz- cancer. The Senate HELP Committee Americans suffering from Alzheimer’s; the heimer’s alone with tax money—if you has passed 19 bipartisan bills, as I said, 1.6 million who will be diagnosed with cancer this year; the 60,000 Americans with Parkin- could delay the onset of Alzheimer’s by either unanimously or by a wide mar- son’s; and the nearly 800,000 people who die an average of 5 years, you would reduce gin. from heart disease each year. that number by 42 percent. So those re- There is no excuse whatsoever for us This legislation, crafted by the Senate’s search dollars not only have the im- not to get a result this year. It would Health, Education, Labor and Pensions Com- pact we want to have on families and be extraordinarily disappointing to mittee, touches every American. Each of us the individuals involved in that and millions of Americans if we did not. If has personal health battles or knows family other diseases we are dealing with now the Senate finishes its work and passes members and friends who are fighting but also have an incredible impact on these bipartisan biomedical innovation against devastating diseases. Passing this taxpayers, have an incredible impact bills, as well as a surge of funding for package will help ensure that patients’ perspectives are integrated into the drug-devel- on what we can do with the rest of the the National Institutes of Health, and opment and approval process and speed up health care revolution that is occur- takes advantage of these advancements the development of new antibiotics and ring. in science, we can help more patients treatments for those who need them most. It The mental health effort the Senator live longer and healthier lives and help will also give a big boost to President from Michigan, Ms. STABENOW, and I

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.050 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3155 were able to work on together a few lems that could be avoided. Clearly, if pay for the move rather than the way years ago is about to produce at least you decide to pursue a military ca- that normally would have happened. eight States—and hopefully more— reer—and that, by necessity, means re- This would not have to happen other- where, at the right kinds of facilities, location from time to time—this is not wise. mental health will be treated just like going to be the same career as if you When Senator GILLIBRAND and I in- all other health. went to work and you had every likeli- troduced this bill last year, we were This Congress is talking about doing hood that you would work there for the also joined by Elizabeth O’Brien, who the right things. We are making impor- next several years. coached Division 1 college basketball tant steps in that direction. These frequent and sometimes abrupt for 11 years, with stints at West Point, Mr. President, I want to talk today relocations take a heavy toll on stu- Hofstra University, and the University about another thing that really im- dents as well. Research shows that stu- of Hawaii. But she married into the pacts families—in this case, military dents who move at least six times be- Army, and because of the lack of flexi- families. I have this bill on my desk, tween the 1st and 12th grades are 35 bility, she gave up her coaching career. the National Defense Authorization percent more likely to fail a grade. I The story she wanted to tell that day Act. I notice it is only on the desk of am not sure that exact research applies was that when she and her family were half of the Members of the Senate. to military families. That is an overall in Germany, where her husband was Members on this side of the floor are number of what happens when people serving, her two children were in a Ger- ready to get to this bill and get this move. But the average military family man public school. They needed 2 more work done. Maybe there is a message will move six to nine times during a months to finish that year in the Ger- on the other side of the floor that this child’s time in school—three times man public school. There really wasn’t bill is not there. We had hoped to get more often than the nonmilitary fam- a very good transition when he was to it this week. We have not yet. But ily. sent back to the Pentagon. There were certainly we should get to it as soon we These relocations of military fami- no German public schools where they return to our work after the end of this lies means that we need to find a better could have finished the classes in the week. way to deal with those challenges for Washington area. Basically, they In the National Defense Authoriza- working families, and the Military wound up having to finish that year as tion Act—I am really glad that bill in- Family Stability Act does that. The home schoolers and then start another cludes the Military Family Stability costs of needlessly maintaining two year the next year. Act, a measure that I introduced with residences so that someone can finish It would have been very easy for him to move on ahead, if that is what the Senator GILLIBRAND to provide more school or someone can complete a job flexibility for military families. Today are the kinds of things that this act family wanted to do, and for the family we have the most powerful military in and this inclusion in the National De- to stay in Germany for 2 months so the children could finish that school year the world, but we also recognize that fense Authorization Act gives us a in a way that it couldn’t possibly be our military men and women do not chance to deal with in a different way. finished anywhere else, and then the serve alone. The former Chief of Staff It would allow families to either stay family would move. That is the kind of of the Army, GEN Ray Odierno, often at the current duty station for up to 6 thing that would happen under this said that the strength of our Nation is months longer than they otherwise legislation. in our military, but the strength of our would be able to stay or to leave and go The day after we introduced this leg- military is in its families. So our mili- to a new location sooner. islation, I happened to be hosting a This probably is most easily under- tary families need to be understood, breakfast for people who are supportive stood in the context of school. If you recognized, appreciated, helped. of Fort Leonard Wood and working at Those families have changed a lot only have a month left in school and Fort Leonard Wood. I sat down at a over the years. They have sacrificed your family could stay there while the table with two officers. One of their much. In the last 15 years, those fami- person serving in the military goes wives, a retired master sergeant, men- lies have dealt with persistent conflicts ahead to the next post and is respon- tioned that we had proposed this legis- somewhere in the world and the likeli- sible for their own housing during the lation the day before. All three of them hood of deployment to that conflict. time they are there as a single serving immediately had a story about how But more importantly, the stress that individual—often they are going to find this would have benefited their family puts on those families generally is space available on the post itself for if at some time at a specific moment in what matters to them—maybe not one person while the family stays until their career, they could have stayed more importantly in the greater con- that school year works out better. another 30 days or if the family could text of what is going on but very im- A job could be the same. One person have gone forward 30 days earlier. portant to them. we had who came and testified—Mia, I am proud this bill has widespread More military spouses are working who now lives in Rolla, MO—is married support, including from the National today than ever before. In the world we to a soldier who was being reassigned Military Family Association, the Mili- live in today, this is good news. But all from Hawaii to Fort Leonard Wood, tary Officers Association of America, too often, military spouses sacrifice MO. That reassignment was supposed the Military Child Education Coali- their own careers to meet the needs of to occur in June, so she applied for a tion, Veterans of Foreign Wars, the the spouse who is in the service. Fre- Ph.D. program at St. Louis University American Legion, Iraq And Afghani- quent redeployments, frequent deploy- that would begin in August. She ap- stan Veterans of America, Blue Star ments, and frequent relocations really plied for a teaching position at Mis- Families, the National Guard Associa- have an impact on those careers. souri Science and Technology at Rolla tion, and the Veterans Support Foun- According to a study done by the that would begin in August. Then her dation. Military Officers Association of Amer- husband’s transfer did not happen in After more than a decade of active ica, 90 percent of military spouses— June and it did not happen in July, but engagement around the world, frankly, that is more than 600,000 men and she needed to be there in August. at a time when military families have women—are either unemployed or un- Under this change, moving the fam- a lot more challenges than military deremployed. More than half cite the ily household could easily occur in Au- families may have had at an earlier concerns about their spouse’s service gust and her husband could follow in time, this is exactly what we ought to and the deterrent of moving from job October, as he did, but all of the ex- do. to job—a deterrent not only for em- pense of her going early was on her. We have had hearings on other issues ployers but a deterrent in that they She really had two options: One was to over the last year. Over and over again, sometimes have a hard time having the not pursue her graduate school class I have asked people who were testi- kind of recognition for the skills they when it started, and the other was to fying, representing the military, what bring to a new State or a new location not have a teaching job. Neither of they think about this. Usually these that they need. those was a very good option. She went are admirals and general officers. In all It is unfair to our military families ahead and moved. Her husband essen- cases, a story from their career imme- for the spouse to needlessly have prob- tially couch-surfed, but they had to diately comes to mind. Universally,

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.051 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3156 CONGRESSIONAL RECORD — SENATE May 25, 2016 they say: We have to treat families dif- We all did the first thing all of you Affairs Committee to pay tribute to ferent than we used to treat families would do. We said: Well, Jack, have those soldiers who died in the Battle of because too often the failure to do that you thought this through? Is this real- the Bulge and the Battle of Normandy. means we are losing some of our most ly what you think you ought to do? Margraten in the Netherlands is where highly skilled people, who are still He said: You know, I have had every- most of the soldiers who were not willing to serve but are no longer will- thing as a young man to age 22. It is brought home from the Battle of the ing to put an unnecessary burden on time that I fought to help defend the Bulge are buried. their spouse or their children. United States of America. I am going On that Memorial Day in Margraten, The Military Family Stability Act to become a marine officer, I am going my wife and I walked between the goes a long way toward removing one to Vietnam, and I am going to help the graves, stopping at each one, looking of those unnecessary burdens. I am cer- United States win. at the name, and saying a brief prayer tainly pleased to see it included in the Jack did become an officer, and he for the soldier and a family. Then all of National Defense Authorization Act did go to Vietnam. In the 12th month a sudden, in row 17, at grave No. 861, I and look forward to dealing with this of his 13-month tour, he was killed by stopped dead in my tracks and I looked important bill at the earliest possible a sniper. Alex Crumbley, Pierre How- down and saw on the white cross: Roy date. ard, who was later the Lieutenant Gov- C. Irwin, New Jersey, Private, U.S. I see Senator ISAKSON on the floor, ernor of the State of Georgia, and I Army, 12/28/44. and I yield to him. spent a week with his family as we Roy C. Irwin died on December 28, The PRESIDING OFFICER (Mrs. waited for his body to come back from 1944, in the Battle of the Bulge. That ERNST). The Senator from Georgia. Southeast Asia. was the day I was born. So there I was, MEMORIAL DAY The most meaningful afternoon of a U.S. Senator looking at the grave of Mr. ISAKSON. Madam President, as my life was the afternoon we sat up someone who died on the day I was chairman of the Senate Veterans’ Af- with Jack and his mother and father born so I could be a U.S. Senator 64 fairs Committee, I thank Senator reminiscing about all the good times years later. That is what the ultimate CASEY of Pennsylvania for giving me a but deep down in our hearts knowing sacrifice is all about. couple of minutes to come to the floor all the good times that would never be Selflessly, these people went into of the Senate to pay tribute, preceding for Jack Cox because he had sacrificed harm’s way, fought for Americans, Memorial Day, to those men and the ultimate sacrifice for me, for you, fought for liberty, fought for peace, women—less than 1 percent of our pop- and for all America. and fought for prosperity. So every- ulation—who have sacrificed, fought, Second, I wish to talk about LT Noah thing we do today we owe in large and died on behalf of the people of the Harris, the Beanie Baby soldier in Iraq. measure to them—a small percentage United States of America. We would Noah Harris was a cheerleader his jun- of our population but a population that not be where we are today had it not ior year at the University of Georgia. loves America and America’s people. been for veterans who died on the bat- He cheered on the Saturday before 9/11/ So this Monday when you are at the tlefield so we could have free speech, 2001. As everybody did, he watched the lake or at the beach or with your democracy in government, and so our horror of the attack that day and all grandchildren, wherever you might be, people could peacefully decide whom the people who were killed. stop a minute, grab the hand of one of their leaders were and leave it up to us He went down to the ROTC building your grandchildren, and just bow and to lead the country. at the University of Georgia and he say a brief prayer, because going before I want to put a personal face on Me- said: I want to volunteer to go after all of us were men and women who vol- morial Day for just a moment. whoever those people were who at- unteered and lost their lives so you and First, I wish to talk about a guy tacked America in New York City. I can do what we are doing today. named Tommy Nguyen. Tommy The head officer said: Well, son, it is We live in the greatest country on Nguyen is my legislative staffer on at least a 2-year commitment in ROTC, the face of this Earth. You don’t ever military affairs information. He volun- and you only have a year and a half to find anybody trying to break out of the teered for the U.S. Army Guard. He go. We cannot take you. United States of America; they are all went to Fort Benning, GA, and grad- He said: I will make up the difference trying to break in. If there is a single uated No. 1 in his class. You know what if you let me volunteer. I want to be- reason that differentiates us from ev- that means at Fort Benning. Right now come an officer. I want to go after erybody else—when duty calls, we go he is deployed in Afghanistan and has them, and I want to find them wher- and we fight. been deployed for the past 5 months. ever they are. As Colin Powell said in the U.N., be- While we sit here in peace and rel- The Army relented. Noah Harris vol- fore the request for the surge was ap- ative security in our country, people unteered. He went to OCS, and he went proved, America has gone to every con- like Tommy are protecting us all over. to Iraq in the surge on behalf of the tinent on Earth, sent her sons and I am grateful for Tommy. He is in my United States of America. He became daughters to fight for democracy, lib- prayers every night. He is exemplary of known as the Beanie Baby because he erty, and peace, and when we have left, all the other people who have gone be- took Beanie Babies in his pockets and all we have asked for is a couple of fore us and sacrificed. he won over the children of Iraq by acres to bury our dead. I wish to mention three people who handing out the Beanie Babies as he I had the chance to walk a couple of are gone and aren’t here any more, but dodged bullets and put himself in those acres in Margraten, the Nether- they are the faces of Memorial Day, as harm’s way. lands, and stand at the grave of Roy C. far as I am concerned. I honor them at About 6 months into his tour, he was Irwin, who died the same day I was this time. hit by an IED while in a humvee. Noah born. That memory is burned indelibly The first is Jackson Elliott Cox III. Harris was killed that day in Iraq, and in my heart and indelibly in my mind, Jackson Elliott Cox III is from we have missed him ever since. To his and I will always remember Roy C. Waynesboro, GA, Burke County, the father Rick and his mother Lucy—God Irwin. I never knew him, I never met bird dog capital of south Georgia. He bless them. Noah was an only child, him, and I never saw him, but I know was my best friend at the University of and his memory is burned deep in their his spirit. His spirit is the spirit of the Georgia in the 1960s. One night he came hearts and deep in my mind. They are United States of America. into the fraternity house—in his junior so proud of what he did for you, for me, This Monday, I hope God will bless year, my senior year—and sat down be- and for all of America. each of you. Have a wonderful vacation side me and a few other guys at the Lastly, I wish to talk about Roy C. and a wonderful holiday. But I hope dinner table and said: Guys, I just did Irwin. you will pause and say thanks for the something this afternoon. I volun- These three people are the faces of men and women who made it possible teered to go to OCS in the U.S. Marine why we have Memorial Day. I get emo- for you to do what you do today. Corps, go to Parris Island, and fight in tional because I went to the Margraten I yield the floor. Vietnam for the United States of Cemetery in the Netherlands a few The PRESIDING OFFICER. The Sen- America. years ago as a member of the Veterans’ ator from Pennsylvania.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.052 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3157 Mr. CASEY. Madam President, I ask As I mentioned, Tony Brusnak from rely greatly on the health care benefit unanimous consent to speak as in Fayette County had a 40-year work life they have negotiated and earned morning business. in the mines, starting in the 1970s at through their years of hard work in the The PRESIDING OFFICER. Without J&L in Bobtown, PA. He is a member coal mines. So these aren’t just num- objection, it is so ordered. of the United Mine Workers Local 2300, bers, these are people. These are fami- Mr. CASEY. Madam President, I wish and he is still active. He works at the lies who have worked very hard for to first say that we appreciate the mes- harbor as a dockman now, and he is Pennsylvania and worked very hard for sage Senator ISAKSON just gave to the also a veteran. our country. They have children and Senate and, by extension, to the coun- Dave Vansickle began working in the they have grandchildren. The Federal try. We are grateful for those remarks coal mines about the same time, maybe Government made them a promise and in the lead-up to Memorial Day. a few months before Tony, so they are we must not rest until we fulfill that MINERS PROTECTION ACT both 40-year miners. Dave worked at promise. Madam President, I rise to talk the Cumberland Mine and is a member In 1990, a Federal blue-ribbon com- about coal miners and the promise— of the United Mine Workers, Local 2300, mission, the so-called Coal Commis- the obligation the U.S. Government as is Tony. Over his 40 years in the sion, established by then-Secretary of has to coal miners on a range of issues mine, Dave Vansickle has had numer- Labor Elizabeth Dole, found that ‘‘re- but especially when it comes to their ous jobs, ranging from 20 years work- tired miners have legitimate expecta- pensions and their health care. ing on the long wall—miners know tions of health care benefits for life; Many Americans remember Stephen what that is—to working at the prep that was the promise they received Crane as the author of the novel ‘‘The plant and also doing a range of other during their working lives, and that is Red Badge of Courage,’’ but he also work in the mine. Dave Vansickle lost how they planned their retirement wrote something that probably not a finger doing that work, and he lost years. That commitment should be many Americans have read, but I have partial use of his right hand as well as honored.’’ because it was about a coal mine near several other fingers. So there is a So said Secretary Dole’s Commission my hometown of Scranton. He wrote it price that has been paid by him and so in 1990. just before the turn of the last century. many others. It is important to note that the 1974 For me, the pertinent parts were in These are very difficult jobs, and we plan I mentioned has been well man- terms of his description of what a coal know the men and women—women, I aged, with investment returns over the mine looks like and all the dangers should add—who descend into the last 10 years averaging 8.2 percent per that are in that kind of work. His depths and the darkness of these mines year. So despite being about 93 percent words in describing a mine were as fol- assume a substantial personal risk and funded just before the financial crisis lows. In describing the mine, he de- they work long hours. They stay in in 2008, losses sustained during the fi- scribed it as a place of ‘‘inscrutable these jobs as long as they do, in part, nancial crisis placed the 1974 pension darkness, a soundless place of tangible because they have been given a prom- plan on the path to insolvency. That is loneliness,’’ and then he went on to ise—a promise by our government— because the financial crisis hit at a catalog in horrific detail all the ways that when they retire, they will have a time when this plan had its highest that a miner could be killed or could be pension and, most importantly, they payment obligations. That, coupled adversely impacted by his work. will also have good health insurance so with the fact that 60 percent of the I am thinking about those dangers they are covered for the ailments they beneficiaries are orphan retirees whose today when I speak about what coal have sustained over the years of serv- employers are no longer in the coal miners have been through over many ice. business and the fact that there are generations and what they confront The Miners Protection Act, which only 10,000 active workers for 120,000 re- today because of the pension issue we Senator MANCHIN and I have intro- tirees, has helped to place the plan on are going to discuss today. I am grate- duced, along with a bipartisan coali- the road to insolvency. ful to be joined by Senator MANCHIN of tion of Senators, allows excess The 1974 plan’s Actuary projects the West Virginia, Senator BROWN of Ohio, amounts from the Abandoned Mine plan will become insolvent in the years Senator WARNER of Virginia, and Sen- Lands Fund to be used to preserve both 2025–2026, absent passage of the Miners ator WYDEN of Oregon. coal miner pensions and retiree health Protection Act. So we need to pass this Senator WYDEN, as the leader of the care, as needed. legislation. We have made it very clear Democrats on the Finance Committee, In Pennsylvania, we have more than to Senators in both parties and more worked to have a hearing on this issue. 12,000 mine workers who are impacted recently to the majority leader that we It was in March, and I had the pleasure by this—to be exact, 12,951 mine work- need to get this done. at that time of meeting two Pennsyl- ers in Pennsylvania who are counting By making small adjustments to ex- vania coal miners, Tony Brusnak of on us to pass this legislation. Here is isting law, the bill will allow us to ful- Masontown, PA, which is in Fayette the breakdown in some of our counties: fill that obligation, that promise I County, and Dave Vansickle of Smith- just about 2,500 in Cambria County, spoke of earlier. At the same time, field, PA, also in Fayette County. Tony PA, where Johnstown is; about 2,100 in even as we are working to pass the and Dave came to Washington to at- Fayette County, where Tony and Dave miners’ pension legislation, we also tend the Finance Committee hearing have lived and worked; 1,900 in Indiana have to be mindful of—and I will not on pensions. I commend Senator County; 1,500 in Washington County; spend time today talking about this in WYDEN for helping us have that hearing and 1,000 in Westmoreland County. detail—and keep working on miner and also for his work in negotiating Without passage of this legislation, safety and of course those affected ad- with Chairman HATCH to hold that something on the order of 20,000 retir- versely by black lung. hearing and his continued efforts to get ees and 5,000 Pennsylvanians, their de- So whether it is safety and health, a markup in committee. pendents or widows could lose their health care itself, or whether it is re- Those of us who attended the hearing promised lifetime retiree health care tiree benefits of any kind—but espe- heard United Mine Workers president within a matter of months. cially the promise we made to miners Cecil Roberts testify about that prom- Without the legislation, the United with regard to their pensions—we have ise I referred to before, the promise Mine Workers Act 1974 Pension Plan, an obligation. This body needs to get this Nation made to our coal miners, which is the largest of the plans in the on a track to pass this legislation be- and how the Miners Protection Act country, providing pensions to nearly fore we leave in July. carries out or carries through on that 90,000 pensioners across the country I am honored to be part of this coali- promise. It is one of the ways to fulfill and of course their surviving spouses, tion, and I certainly thank and com- that promise we made to coal miners. could be on an irreversible path to in- mend and salute the work done by Sen- At the time of that hearing, they solvency by next year. ator MANCHIN. were joined by mine workers from West Our coal miner men and women live I yield the floor. Virginia, Ohio, Virginia, and Alabama on small pensions, averaging just $530 The PRESIDING OFFICER. The Sen- on that particular day. per month, plus Social Security. They ator from West Virginia.

VerDate Sep 11 2014 04:08 Jun 14, 2016 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD16\S25MY6.REC S25MY6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S3158 CONGRESSIONAL RECORD — SENATE May 25, 2016 Mr. MANCHIN. Madam President, let husbands have died from black lung. Patriot Coal came out of Peabody. me first of all say thanks to my dear These people are depending on a very Peabody spun Patriot off and put all of friend Senator CASEY from Pennsyl- meager amount of support for any type their liabilities—all of their liabil- vania. If you don’t come from a coal- of quality of life, and we have it paid ities—which were basically doomed to mining region or a coal-mining State, for also. We have had it paid for. We fail, into Patriot. They threw all of the you probably don’t understand the cul- are talking about the excess AML union workers into this liability. And ture of coal mining, the people who do money that could basically take care guess what. They went bankrupt. It this work, and the families who sup- of this. Also, there is another pay-for. went bankrupt. It was designed to go port them. It might be hard to explain There is a $5 billion fine that Goldman bankrupt so they could be shed of all it, but we are going to try to give you Sachs paid the DOJ for their financial the liabilities. a picture of the most patriotic people shenanigans during this financial col- It is our responsibility to keep the in America. lapse that could go to pay for this. I promise to our miners who have an- What I mean by that is they have mean, it is Wall Street that caused the swered the call whenever their country done the heavy lifting. They have done problem. It wasn’t the miners, basi- needed them. They have never failed everything that has been asked of them cally the miners’ pension fund or the us. When our country went to war, by this country to basically make us plan that was being managed at all. these miners powered us to prosperity. the greatest country on Earth—the su- When you couple this with the fact A lot of these young people we have perpower of the world, if you will. That that 60 percent of the beneficiaries are here today don’t understand that basi- has been because of the energy we have orphan retirees, which has been ex- cally coal mining was so important to had domestically in our backyard and plained, and that we have 10,000 active this country, when we entered World the people willing to harvest that for workers for 120,000 retirees, that has War II, if you were a coal miner, it was us. placed the plan on the road to insol- more important for you to stay and So when you look at this country and vency. I think everyone understands mine the coal to power the country— you look at how we are treating people that. the coal that made the steel, that built who have done the job and heavy lift- The Miners Protection Act is not the guns and ships—than it was to go ing for over 100 years, the coal miners only important to all miners in all on the frontlines and fight. They were in West Virginia feel this way: They States—my good friend here Senator on the frontlines every day. They never feel like the returning veterans from WARNER from Virginia has a tremen- left the frontlines. Vietnam, the returning servicemen dous mining community in Southwest When our economy was stagnant, the who came from Vietnam—a war that Virginia, along with our entire State. miners fueled its growth and expan- was not appreciated and soldiers who Pennsylvania is the home of anthracite sion. After the war, there was so much were treated less than honorably for coal. The coal industry really got buildup, the economy started dipping. doing the job they did in serving their started there. We have Senator BROWN You had to continue to work and country. Americans now want to cast in Southeast Ohio, which butts up to produce in order to make that happen, them aside. It is just unfair—totally West Virginia and is a major mining and we needed energy to do that, so the unfair. area. So it is important to my State coal miners did that. This country was so dependent upon and all the other States that have re- They kept their promise to us, and this industry that in 1947—which will tired miners. now it is time for us to keep our prom- be 70 years tomorrow—President Harry People are asking about the non- ise to them. We need to honor the com- S. Truman and John L. Lewis, head of union. I am concerned about the non- mitment. We need to honor the Execu- the United Mine Workers—and back union miners, and I will do everything tive order signed by the United States then, in the 1940s, anybody who mined and commit myself to helping them of America to make sure they get their coal was a member of the United Mine also, but if we can’t even keep our com- pension and make sure they get their Workers of America because it was all mitment to the United Mine Workers health care. unionized—made a commitment and a of America that was basically signed Senator CASEY and I introduced the promise they would get their benefits. by President Harry S. Truman in 1947, Robert C. Byrd Mine Safety Protection It would be their health care, and they we are not sincere or intent on helping Act to, among other things, make it a would get their pensions, which were so anybody. This is something that must felony for mine operators to knowingly meager—so meager—just to keep work- be done and must be done immediately. violate safety standards. ing and to keep the country energized I have said that, and I have been Six years and 1 day after 29 brave after World War II. If they had shut preaching this, so I hope we all come to miners were tragically killed at the down and gone on strike, the country our senses and do something as quickly Upper Big Branch Mine in West Vir- would have fallen on extremely hard as possible about this. ginia, former Massey Energy CEO Don times coming off of World War II. These retirees—as far as basically Blankenship received 1 year in prison, That is how important this is. It is their medical, runs out the end of this the maximum allowable sentence, for the only agreement where you have an year. The following year they lose willfully conspiring to violate mine Executive order by a President com- their pensions too. That is how des- safety standards. mitting the United States of America perate this is and what we are dealing Put simply, the penalty does not fit to keeping its promise to our coal min- with. the crime committed there, and we aim ers doing a job that made our country To address these issues the Miners to change that. I stood with the fami- as great as we are today. Yet here we Protection Act would simply do this: It lies of the beloved miners in the days are, about ready to default on that, and would amend the Surface Mining Con- following the devastating tragedy at we can’t get people to move on it for trol and Reclamation Act to transfer Upper Big Branch. Through moments whatever reason. funds in excess of the amounts needed of hope and despair, I witnessed again The miners are facing multiple pres- to meet existing obligations under the and again the unbreakable bonds of sures on their health care, pension, and Abandoned Mine Land Fund to the family that are as strong or stronger benefits as a result of the financial cri- UMWA 1974 Pension Plan to prevent its than anything I have ever seen. While sis and corporate bankruptcy. This is insolvency; second, make certain retir- no sentence or amount of jail time will not because of something they have ees who lose health care benefits fol- ever heal the hearts of the families who mismanaged themselves. As we heard lowing the bankruptcy or insolvency of have been forever devastated, I believe Senator CASEY mention, the 1974 pen- his or her employer eligible for the 1993 we have a responsibility to do every- sion plan was 94 percent funded, which Benefit Plan. These assets of Vol- thing we can in Congress to ensure that is extremely healthy and solvent, up untary Employment Benefit Associa- a tragedy like this never, ever happens until 2008, when the financial collapse tion, created following the Patriot Coal again. happened. It was not their fault, but bankruptcy—and if you don’t know I thank Senators CASEY, BROWN, now they are thrown into disarray. about the Patriot Coal bankruptcy, I WARNER, WYDEN, and all of my col- Most of the people still collecting will give you a minute or two on this leagues for putting these miners first these pensions are widows. A lot of the one. and keeping the promise that we made

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.056 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3159 to them. It is vitally important that retired miners could lose their health tion Fund, and funnels that money into we hold executives who are willing to care this year, and the entire plan the health care and pension plans. This put the health and lives of our workers could fail as early as next year. This is a fund for reclaiming the land of re- at risk accountable for their actions. would be devastating for retired mine tired coal mines. So it makes sense to We must hold everybody responsible. workers, like my constituent, Norm use the surplus to support retired coal We must hold ourselves responsible Skinner. mine workers and their families. first to do the right thing. That is what I met Norm in March before a Fi- If this bipartisan legislation was we are standing here talking about nance Committee hearing on pension brought to the floor today, it would today. If we don’t stand up for the peo- plans that are under threat. Norm is a pass with an overwhelming majority. It ple who basically have stood up and de- veteran. He started working as a miner is time for the Senate to act. This leg- fended us, powered a nation and did the for what became Peabody Coal in 1973. islation has been blocked by one Re- heavy lifting and if we can’t keep the He worked for 22 years and retired in publican leader in this body. The sup- promise that was made 70 years ago, 1994. For every one of those years, he port of Senator WYDEN, Senator WAR- then God help us in the Senate and the earned and contributed to his retiree NER, and Senator CASEY and in the Congress. health care plan and his pension plan. committee seems to be unanimous I hope we do step up and do the right Since he retired, Norm has had near- from the chairman on down. We are thing. I tell all of my colleagues that ly constant health challenges—not just looking to the Republican leader this is not a partisan issue. This is that unusual for people who work in to give us a vote on this because we are truly bipartisan. This is truly bipar- some of the most dangerous conditions absolutely certain it would pass. tisan. These people work for all of us, in American business. He had triple by- Miners worked in dangerous condi- not just for part of us. pass surgery in 2010. Three years later, tions their entire lives to put food on I yield the floor. they inserted stents, and he had the table, to send their kids to college, The PRESIDING OFFICER. The Sen- angioplasty. Norm told me that 60 per- and to help power this country. I have ator from Ohio. cent of his colleagues at the mine have worn on my lapel a pin given to me at Mr. BROWN. Madam President, I am died of cancer because of the chemi- a workers’ memorial day in the late pleased to join my friends—Senator cals. When they closed the mine, teams 1990s, on an April day, where we were CASEY, who led this debate; Senator of people wearing hazmat suits came in memorialized workers who had been MANCHIN, who has worked on this legis- to clean it. His entire shovel crew has killed or injured on the job in the steel lation and devoted much of his career died of cancer. Some were in their fif- industry. This is a depiction of a ca- to the people that go down into the ties when they passed away. But now, nary in a birdcage. In the early 1900s, mines and provide the coal and elec- after putting in decades in this dan- the mine workers would take a canary tricity for much of the eastern half of gerous mine, Norm is in danger of los- down in the mines. If a canary died be- the United States; Senator WARNER, ing the health care that has kept him cause of lack of oxygen or toxic gas, for his work with Senator CASEY and alive. the mine workers knew they had to get Senator WYDEN on the Finance Com- I also met with David Dilly, who out of the mine. Yet, in those days, mittee. Thanks to all of them. worked in the same SIMCO mine. there was no union strong enough to I want to talk about two pension David is also a veteran, and he worked protect them and they had no govern- issues starting with what happened 2 for 14 years at the mine before it closed ment that cared enough to protect weeks ago, when hundreds of thousands down in 1989. He was a UMWA member, them. We are in the situation today of Teamsters and their families re- even serving as president of Local 1188 where it is up to us to be that canary. ceived exciting news that the U.S. for a couple of years, and he serves as It is up to us to provide for those work- Treasury was rejecting the Central recording secretary still. ers—who have earned these pensions, States Pension Fund’s plan to cut the Mining is hard, backbreaking work. who have earned this health care for pensions and benefits they had earned It is dangerous. It is dangerous every themselves and, in far too many cases, through a lifetime of hard work. This day in the mine. It is dangerous for the for their widows—and to step up and do was a win for all of us who urged Treas- air and the chemicals that mine work- the right thing. ury to reject these cuts. More impor- ers ingest. They knew that when they The PRESIDING OFFICER (Mr. LEE). tantly, it was a win for the thousands signed up for the job. But that work The Senator from Virginia. of union members, their families, their has dignity. It is crucial to us and in Mr. WARNER. Mr. President, I am supporters, and their friends who our national interest as a country. It is proud to stand here with my colleagues worked so hard to protect what their a dignity rooted in providing security and friends—Senator MANCHIN from union had spent decades fighting for. and opportunity for their family. West Virginia, Senator CASEY from That rejection, to be sure, is not the We used to have a covenant in this Pennsylvania, Senator BROWN from end of the fight for the benefits that country that said: If you work hard, if Ohio, and, shortly after me, Senator workers have earned. It was just the you put in the hours, if you contribute WYDEN from Oregon—to echo what has latest battle in the fight to protect to retirement and your health care, already been said. workers’ pensions. you will be able to support yourself and Senator BROWN said it best. He wears While Central States’ 47,000 Team- your family. What they are doing is that canary pin. If we don’t act now, if sters in my State and tens of thousands giving up union negotiations and also we don’t hear that call and respond to in other States may have gotten a re- giving up wages today to take care of it, then the basic promise and premise prieve, we have more work to do. As themselves and their family in later that so much of our country is founded Senator MANCHIN just spoke about, our years so that government or friends or on will really be crushed. Nation’s retired coal miners are on the other family members don’t have to. I join my colleagues in standing up brink of losing their health care and What is more honorable than that? It and urging the Senate to pass the Min- retirement savings, and it is within the is what made this country great. It is ers Protection Act. We have mines— power of Congress to pull them back. what built the middle class. So when just as in Pennsylvania, Ohio, and West The health care and pension plans of earned benefits like collectively bar- Virginia—in southwest Virginia. Quite the United Mine Workers of America gained pensions and health care can be honestly, I think, as do my colleagues, cover some 100,000 mine workers, about cut, we are going back on a funda- that no one fully understands what it 7,000 of them living in my State, most- mental promise that our country has is like to mine coal until you have been ly in Southeast Ohio. The plans were made to tens of millions of American underground, until you see the enor- almost completely funded before the fi- workers. mous challenges and conditions that nancial collapse in 2008, but the indus- There is a bipartisan solution pro- men and women—mostly men—worked try and its pension funds were dev- posed by the two Senators from West under for decades to power our Nation. astated by the recession. The plan has Virginia and supported by leaders in Senator MANCHIN often recites the too few assets, too few employers, and both parties. The bill uses the interest history of this proud industry. But that too few union workers now paying in. and surplus from an existing source of industry has gone through dramatic If Congress fails to act, thousands of money, the Abandoned Mines Reclama- changes. Some of those changes are due

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.057 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3160 CONGRESSIONAL RECORD — SENATE May 25, 2016 to activities of certain companies that to be honored. I look forward to con- insolvency if the Congress doesn’t step may or may not have been responsible. tinuing to work with his leadership to up and find a solution for the troubles Some of these changes are because of a get this legislation out of the Finance facing multi-employer pension plans. desire of many of us, frankly, on this Committee, get it to the floor of the And fixing the mine workers’ pension side of the aisle, to make sure that we Senate, get it passed, and make sure plan is a critical component of any so- find cleaner ways to use energy. In a these miners’ and their widows’ health lution for the Pension Benefit Guar- way, that is good. But it has meant care pensions are honored. anty Corporation’s insurance program. that many of these coal companies and I yield the floor. If you don’t come up with a solution many of these operators that continue The PRESIDING OFFICER. The Sen- there, you are going to put in place a to mine what powered America are ator from Oregon. prescription for trouble for generations under enormous fiscal stress. The re- Mr. WYDEN. Mr. President, I thank of retired workers across the country. sult is not enough miners, coal compa- my colleague from Virginia, Senator Senator MANCHIN has worked strenu- nies that went bankrupt, and, unfortu- CASEY, Senator BROWN, and Senator ously for this cause, reaching across nately, the pension funds that would MANCHIN. They have been relentless in the aisle to Senator CAPITO. I men- protect these miners are now in jeop- putting this issue of justice for the tioned my colleagues on the Finance ardy. miners in front of the Finance Com- Committee. There is now a bipartisan So now, through no fault of their mittee. proposal ready to go to protect retired own, these workers who have sacrificed Week after week, month after month, mine workers’ health benefits and bol- their bodies, their health, and their they have been saying: When is this ster their pension plan. It would stave livelihoods—when it comes to the U.S. going to get done? When is the Con- off the threat of financial ruin for more Government to uphold our end of the gress—particularly the Senate—going than 100,000 workers and their families deal to make sure that these workers to step up and meet the needs that and would help safeguard the Pension or, more specifically, as my colleagues these workers richly deserve to have Benefits Guaranty Corporation and the have pointed out, more often it is their addressed? We have had this docu- millions of Americans who count on it widows, as so many of these miners mented again and again. I heard Sen- to insure their livelihoods. We under- have passed on due to things like black ator CASEY talk about it—how difficult stand that if you want to do something lung disease—are going to get the this work is. We have had that put in important in the Senate, it has to be health care and pensions that were front of the Senate Finance Com- bipartisan, so we have reached out to promised and whether we are going to mittee. Yet there has been no action. the majority to find a way to advance be able to honor that commitment. Senator WARNER is right—my home this proposal. The UMWA 1974 Pension Fund affects State of Oregon does not mine coal. We The mine workers are not facing about 100,000 miners and close to 10,000 do have a lot of communities with some imaginary policy deadline. Their in the Commonwealth of Virginia. economies that over the years have livelihoods are on the line. Their They are looking to us and whether we been driven by natural resources. They health care is on the line. The eco- are going to honor our commitment. have been up and down the boom-and- nomic security of entire communities As Senator BROWN mentioned, I met bust roller coaster. A lot of those com- is on the line. So it is time for the Con- a number of these miners, who are di- munities are experiencing the very gress to step up. rect beneficiaries, when we had our same kind of economic pain you see in I again thank my colleagues. most recent hearing. Many of these the mining towns Senator CASEY and I wish to note that I have some addi- miners I had worked with and sup- our colleagues represent. tional remarks to make, and I am ported when I was Governor of Vir- You don’t turn your backs on work- going to wait to give those remarks be- ginia, and I saw the challenges their ers and retirees in these struggling cause I understand Senator HEITKAMP, communities had gone through. If we communities, these struggling mining Senator DONNELLY, and Senator COATS don’t do our job, these communities towns, just because the times are are going to go beforehand. I see our that have been hard hit all throughout tough. These workers have earned their friend from North Dakota on her feet. Appalachia—if these widows don’t get pensions. They have earned their I yield the floor. the health care and their pensions, health care benefits. But the fact is, if The PRESIDING OFFICER. The Sen- communities that have already been Congress does not act soon, all of this ator from North Dakota. devastated will be further devastated. could be taken away. Ms. HEITKAMP. Mr. President, let If we allow this pension fund to go There is a broader crisis in multi-em- me add my voice to those of my col- bankrupt and go insolvent, it will put ployer pensions that I have talked leagues who have come here to plead additional strains on the PBGC, which about on the floor and in the Finance the case for mine workers and for eq- is already under enormous strain. Committee. Part of this crisis goes uity for widows, equity for people who The truth is, as Senator MANCHIN has back to a bad law that passed, over my have worked their entire lives with pointed out, there is a solution, and opposition, in 2014. It gave a green their hands and now have their future there is funding available for this light to slashing benefits for retirees jeopardized by the lack of attention to miner pension act. It is critically im- and multi-employer pension plans. It this critical issue of their pensions. portant that we act. It is critically im- said that it was OK to go back on the STUDENT DEBT portant, morally and economically. I deal companies made with their work- Mr. President, I rise today to talk would ask any of my colleagues to ers and to take away benefits—benefits about another very important middle- speak to any of these widows and ex- people had earned through years of class economic issue and one that we plain why we wouldn’t keep our end of hard work. So there are a lot of seniors have been talking about ever since I the bargain when, come the end of this now walking an economic tightrope got here; that is, the overwhelming year, if we don’t act, these health care every day, and this law threatens to burden of student debt. benefits will disappear. I hope we will make their lives even harder. Earlier this week I spoke at Envision act on this bipartisan legislation. The Now you have the mine workers’ pen- 2030 in Bismarck. It was a convening of Senator from Ohio has indicated it sions—the pensions Senator CASEY and academic and political leaders in my would pass this body overwhelmingly. colleagues have been talking about—in State to discuss the needs of students I appreciate all of my colleagues’ such immediate danger, there is enor- who will be embarking on and grad- work. I see and turn the floor over to mous financial pressure being put on uating from college in the next 15 the ranking member of the Senate Fi- the Pension Benefit Guaranty Corpora- years. Incredible amounts of time was nance Committee. He doesn’t have a tion. That is because the Pension Ben- spent on college affordability. I chal- lot of coal in Oregon, but he under- efit Guaranty Corporation is an eco- lenged many of the education leaders stands that, when a commitment is nomic backstop for millions of retirees. to take a look at what it is going to made—particularly a commitment that It insures the pensions belonging to take to reduce costs so that students was initially made by the President of mine workers and more than 40 million do not have to borrow so much money the United States, President Truman, Americans. But the Pension Benefit as they are pursuing their higher edu- back in 1946—those commitments need Guaranty Corporation is in danger of cation opportunities.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.058 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3161 Like the rest of the country, North But can you refinance your student You may say: Oh, variable rates— Dakota’s students are getting bogged debt? You will never take advantage of isn’t that what has gotten so many down in debt before they even graduate this. consumers in trouble? from college. This debt impacts their Well, in North Dakota we have an in- What the bank does is they say you futures, their families, and their com- stitution called the Bank of North Da- can only raise the rate 1 percent a year munities. kota. It might shock people here, given under the variable rate and you are I would argue that this debt is endan- the kind of attitude I see toward the capped at 10 percent. So you will never gering the economic viability of our Export-Import Bank, but the Bank of pay more than 10 percent. Or you can country. According to the Institute for North Dakota is owned by the people of opt to lock in at our fixed rate, which College Access and Success, the aver- the State of North Dakota. About a at the time this chart was done was age amount of student debt a person in third of their capital is invested in stu- 4.71 percent. If you use the variable North Dakota owes has now risen dents. It is an opportunity to develop rate, you can lock in at just slightly above $27,000. North Dakota students our State. We make home mortgage above 2 percent. have some of the highest rates of in- loans. We make beginning-farmer Let’s take those same payment debtedness in the country, as 83 per- loans. We participate with local banks terms—300 months. Your monthly pay- cent of the class of 2011 graduated with in economic development loans. We ments for the Deal One fixed rate some form of debt. That is more than have some great economic development would be less than $200, compared al- any other State in the country for that programs at the Bank of North Dakota. most to $250. Your total interest paid year. I am still in the ‘‘we’’ mode because would be $13,000 less over the lifetime Across the country, these statistics when I was attorney general, I used to of that loan. If you go with the vari- paint a bleak picture. I want to point serve on their board of directors. Sen- able rate, assuming we don’t see a dra- that out as we are looking at debt and ator HOEVEN ran the Bank of North Da- matic increase in interest rates, you what debt can do to an economy. Cer- kota. It is an amazing institution. will pay $150 a month. It is almost $100 tainly, we talk a lot about the debt we When we find our citizens crippled less. The total interest you will pay at have in this country. If you take a look with debt, what do we do? We try to these low rates is $10,000, compared to at this chart, you will understand that figure out how to help them. We don’t $37,000. Think about that. Think about this peak in debt here is really right say: We are going to make more money what that means to a family. after the debt crisis. There was rising on you by keeping our interest rates at If we take this even further and we consumer debt in credit cards. Here is 6.8 percent and not letting you refi- speed up payments under the DEAL student loans. This is mortgage debt, nance. We say: You know what, that is Program—let’s try to do this in less obviously, at a peak. This is auto loan not helpful to our economy. months because no one wants to be debt. Let me tell you about the results of locked in for 300 months of their life. If Notice this: Everything went down the consolidation program the Bank of you look at going to a fixed rate for 157 and has come down in terms of debt— North Dakota runs. First of all, there months, you can greatly reduce your percentage of balance that is 90 days or are qualifiers. The first qualifier is overall interest paid to about $12,000. more delinquent—except one category, that you have to be a U.S. citizen. You Your monthly payment would be $300, and that is student loan debt. can’t be attending school any longer. and the total amount you will pay— We like to tell the story honestly. You must have been a North Dakota let’s compare that to the fixed rate These people who have credit card debt resident for 6 months. And if this gets going to 300 months; you pay almost and mortgage debt are not deadbeats; out, we may see a flood of young people $60,000. If you go to a shorter period of they want to pay their obligations. coming to our State. You must meet time, almost cut that time in half and These students also want to pay, but Bank of North Dakota credit criteria increase your payments to $300 a they are finding it virtually impossible or have a creditworthy cosigner. month, you will only pay $47,000 on a to pay this amount of student debt Your loan options are any student $35,000 loan going with the fixed rate with the lack of economic opportuni- loan that you have or your parents we currently have. If you go with vari- ties and with the rising number of have or your grandparents have can be able, assuming the interest rates stay challenges they have in meeting these consolidated into this program. We will low, a $35,000 variable loan amount gets obligations. take Stafford; Perkins; parent loans for you down to just under $40,000. A lot of people think: Well, this is undergraduate students, which is Why can’t we do this for every stu- just a problem for kids in their called PLUS in North Dakota; Grad dent in America? When I hear that the twenties. That is not going to be a PLUS in North Dakota; and DEAL, solution to the student debt problem is problem. They will work their way which is another student loan program that we ought to limit the amount of through it. That opportunity will be that they run at the Bank of North Da- repayment to 15 percent or we ought to available to them. kota; and any private lending from any forgive it after so many years, I don’t Take a look at this. If you go back to other institution. think that is a solution for a lot of 2004, 42 percent of everybody impacted What do we do? We consolidate all of good North Dakotans who want to was in their twenties, and now it is 32 that debt and refinance it into lower repay their debt. But to simply say we percent. That growing impact goes not interest rates and offer people a num- will not consolidate, we will not give only into your thirties but also into ber of different packages. an opportunity for students to take ad- your forties, and we have the highest Let me tell you what the con- vantage of low interest rates is incred- percentage increase, probably, in the sequences are. Let’s take a look at ibly irresponsible. It is tone deaf to the number of people 60 and older who are someone who is in a student loan pro- impact that it has on whether we can burdened by student debt. gram that charges 6.8 percent per start a new business, whether we can This chart tells an incredible story of annum for that student debt. If you get a mortgage for a home, whether we the burden all of this student debt is have a loan amount of $35,000 at 6.8 per- can buy a car, whether we can save for having on the economy. Well, what do cent and your repayment term is 300 our retirement so we don’t have pen- we do about it? I have signed on many months—think about that, 300 months. sion problems in the future, and wheth- pieces of legislation here that would do What is that in terms of a lifetime? er we can save for our kids’ college one simple thing: It would help refi- That is a lot of months for a lifetime. education. nance this student debt. Your monthly payment is $242 or al- Why aren’t we doing this? Someone We have record-low interest rates in most $243. The total interest you will answer that question for me. If we can this country. We have never before pay traditionally, without consolida- make this for students in the State of seen the continuity and consistency of tion and without refinancing, is about North Dakota, why can’t we make this low interest rates. Amazing. If you $38,000. happen for students all across this have a high interest rate and you have Under this refinancing program, you country? That is the question I have a car loan, you refinance it. If you have can do it one of two ways: You can refi- come to ask because I think a lot of a high interest rate and you have a nance on a fixed rate or you can refi- people talk about the ideas of restruc- home, you refinance your mortgage. nance on a variable rate. turing student debt and what we can do

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.061 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3162 CONGRESSIONAL RECORD — SENATE May 25, 2016 to help students, and a lot of it is about ‘‘Back Home Again in Indiana,’’ are going no faster than that so we don’t debt forgiveness. You know what. I embedded into the fabric of Hoosier get a speeding ticket, which wouldn’t think people want to pay their debt in culture. When the announcer says the help our careers. America. If they signed a piece of paper phrase ‘‘Gentlemen, start your en- Initially, the cars had two people. that says they will repay it, they want gines,’’ as was said for many years, 33 One was the driver and the other was a to repay it. Let’s give them a chance to cars’ engines start to roar to the cheers mechanic. This is early on in 1911. We do that without continuing to mort- of the crowd. Today that same phrase were still developing cars, and of gage their future and make them is now ‘‘Gentlemen and ladies, start course the impacts the car had to ab- slaves to student debt. your engines’’ because the race has sorb going around a tar-and-gravel I have a personal story. My niece and brought women to the track to also track caused many stops, so the me- her husband were able to use this pro- race. chanic would jump out, make the fix, gram. They continued to pay the same Thirty-three cars start the pace laps, put on a new tire, and help with the amount as they were paying when they and off the third or fourth pace lap, as fueling. Ray Harroun surprised every- had four or five different loans and the pace car races down the straight- body by showing up without a me- they consolidated. They are spending away and pulls aside, 33 cars come chanic. He was the only person in the the same amount on their student roaring around the fourth turn and car. It was the first such instance that loan, and guess what. They have cut hurtling down the home stretch at over had happened. What they did see in the the time for payment of their student 200 miles per hour to plunge into the car was something they hadn’t seen on debt in half. They are now able to save first turn while 350,000 people stand any of the other cars—a rearview mir- for their children’s future and college there holding their breath, maybe say- ror being used in an automobile. That education. ing a prayer, and saying: How in the is the first instance that we know of People say it can’t be done. You bet world can those 33 cars at 200 miles an that automobiles used a rearview mir- it can be done. We are doing it in North hour pile into that very small banked ror. Since that first race, the Indianap- Dakota, and if we can do it in North first turn without cataclysmic con- olis 500 has occurred on every Memo- Dakota, we can do it in this country. sequences? But they do it, and it is a rial Day since 1911, with the exception Let’s step up and recognize this for the testament to the agility of the drivers of 1917 and 1918 when the United States economic problem that is not just for and the technology that has been in- was involved in World War I, and there families but for this country, and let’s corporated into the cars. It is some- was an exception from 1942 to 1945 when do something. Let’s quit talking about thing to see. the United States was involved in student debt and actually do some- The roots of all of this date back to World War II. thing about that. 1909, when a group of businessmen, led When the soldiers came home after With that, I yield the floor. by Hoosier entrepreneur Carl Fisher, the war was over, they looked at the The PRESIDING OFFICER. The Sen- purchased the 320 acre Pressley Farm— track and it was in a state of despair. ator from Indiana. that is not Elvis Presley, by the way— It simply was not ready to be used. It f just outside Indianapolis and began had been neglected, understandably, construction of the gravel-and-tar through the war years and was broken RECOGNIZING THE 100TH RUNNING racetrack. down. At that time, the talk was let’s OF THE INDIANAPOLIS 500 MILE At that time, Indianapolis and De- close it down, but Terre Haute, IN, na- RACE troit were competing to be America’s tive Tony Hulman purchased the Indi- Mr. COATS. Mr. President, I am on automotive capital, and Fisher be- anapolis Motor Speedway, and under the floor with my colleague from Indi- lieved that a large speedway, where re- his leadership the facility was restored ana Senator DONNELLY to talk about liability and speed could be tested, and rebuilt. something that is very special to the would give Indianapolis an upper hand. Beginning in 1946 until today, the In- State of Indiana which happens to be Fisher and other speedway founders dianapolis 500 restarted with massive coming up this weekend. On Sunday, hired a New York engineer and asked crowds and the event has only grown May 29, the 100th running of the Indi- him to design a 21⁄2-mile track with a over time. In the decades since, the anapolis 500, the greatest spectacle in banked corner, a unique design that speedway has been owned by the racing, will take place in the town of still endures today. The first track sur- Hulman-George family and all race Speedway, IN, a small town within the face proved to be somewhat problem- fans are indebted to this family for confines of the borders of Indianapolis. atic so Fisher and his partners needed their passion for Indy 500 and careful The Indianapolis 500-mile race is the a way to pave it. They settled on stewardship of the world’s most famous largest single-day sporting event in the bricks, and covering the 21⁄2-mile oval racetrack. world. It is almost staggering to think required an astonishing 3.2 million As the years passed, the technology about this small town of Speedway, IN, bricks at a cost of $400,000, which was used at the Indianapolis Motor Speed- hosting 350,000 fans this year. It is a no small change back then. That is way has progressed and so has the logistical challenge that the city and why it is called the brickyard. speed. In 2013, Tony Kanaan set the security people have met year after As time wore on, bricks didn’t be- record for the fastest Indianapolis 500, year. It is something to see. come the ideal surface, and when the winning the race in 2 hours 40 minutes, Since the first race in 1911, race fans current surface was put in place, we re- at an average speed of 187.4 miles per from around the world have packed the tained 1 yard of bricks at the finish hour. Think about that. Think of driv- grandstands and the speedway’s expan- line. If you are watching the Indianap- ing for 2 hours 40 minutes, at 187 miles sive infield to enjoy the race and take olis 500 on Sunday—and I know all of per hour, including yellow lights, when in the experience of being at one of the these pages will be tuning into that everybody has to slow down signifi- world’s most famous motor sports spectacle after Senator DONNELLY and I cantly because of an accident on the events. are through convincing you that this is track, a loose tire or something that I can’t begin to describe the dimen- something you really want to see—that causes the race to have to slow down, sion of a 21⁄2-mile track and the infield. yard of bricks is there and symbolizes and the pit stops where they have to There is a golf course—and a signifi- what that track has been. change the tires and fuel the cars—230 cant part of it is in the infield—that With the bricks laid, about 80,000 miles per hour is an extraordinary only takes up part of that infield. The spectators gathered around the track speed, and you have to run at that top 21⁄2-mile track, with 350,000 people, is a on Memorial Day weekend in 1911 for speed almost continuously while you spectacle you will not see anywhere the inaugural Indianapolis 500 race. are on the track in order to achieve else. They witnessed Ray Harroun win the that 187-miles-per-hour record. For those of us who are from Indiana, race in his yellow No. 32 Marmon There is nothing like being there and the Indy 500 is a celebration of our ‘‘Wasp’’ at an average speed of 74.6 seeing cars at that speed so deftly han- State, and along with basketball, is miles an hour—about what Senator dled by drivers in very difficult situa- what it means to be a Hoosier. Time- DONNELLY and I try to drive when we tions. The Indianapolis 500 is a show- less traditions, like the singing of are on the interstates in Indiana and case of ingenuity, human achievement,

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.062 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3163 and the continuous pursuit of racing There is nothing else like it. It just took (The resolution, with its preamble, is immortality. off. There was Christmas, there was Easter, printed in today’s RECORD under ‘‘Sub- Racing legends like A.J. Foyt, Mario and there was the Indianapolis 500. mitted Resolutions.’’) Andretti, Rick Mears, Al Unser, and It is a special event, unlike any Mr. COATS. Mr. President, I yield Bobby Rahal have become synonymous other. I have had the privilege of at- the floor. with the Indianapolis 500. The race is a tending the 500 many times, and I am f source of great pride for all citizens of looking forward to attending Sunday’s 100th running of the race. You can’t NATIONAL DEFENSE AUTHORIZA- our State, and we are all very excited TION ACT FOR FISCAL YEAR about the 100th running on Sunday. help but be struck by the talent of the drivers and the team. 2017—MOTION TO PROCEED—Con- I am pleased to be joined by my Indi- tinued ana colleague Senator DONNELLY in Earlier this month, I visited the recognizing—through a Senate resolu- Andretti Autosport, where I saw first- The PRESIDING OFFICER. The Sen- tion, which we will offering after Sen- hand the craftsmanship and extensive ator from Oregon. Mr. WYDEN. Mr. President, I ask ator DONNELLY speaks—the tremendous preparations that go into building a occasion of the 100th running of the In- single Indy car for the Indy 500. They unanimous consent to speak as in dianapolis 500. were building a number of them. The morning business. The PRESIDING OFFICER. Without I am more than happy to yield to my dedication and teamwork is remarkable. Each piece is an intricate cre- objection, it is so ordered. colleague, Senator DONNELLY. ation, and the driver of each car has to FILLING THE SUPREME COURT VACANCY The PRESIDING OFFICER. The Sen- have complete trust in the team that Mr. WYDEN. Mr. President, I have ator from Indiana. designed and built this car, before it waited to give this speech for weeks, Mr. DONNELLY. Mr. President, I even rolls onto the track. The team has waited for the rhetoric to die down thank my good friend and colleague to have that same confidence in the after the untimely and unexpected Senator COATS. He is truly an institu- driver, that he or she can bring that passing of Justice Scalia, and waited to tion in our State. car into Victory Lane. speak about the sad state of affairs out I rise with Senator COATS to com- For thousands of Hoosier families of a hope that no more words would be memorate the 100th running of the In- and racing fans, the Indy 500 is a time necessary before this Senate acted. dianapolis 500. Think about that. What for creating lifelong memories. Joining It was my fervent hope that the ini- a long and storied history. The Indy 500 together with friends and neighbors, tial reaction to Justice Scalia’s death is more than a Memorial Day weekend the race is a chance to showcase the was due to the shock and the grief at tradition, and it is more than just a best in Hoosier hospitality and the best the loss of a conservative icon. sporting event. It has a storied history, our State has to offer. To win the Indy I, like many of my colleagues, were and the list of winners includes some of 500, one needs all of the things that we publicly mourning the loss, and I as- the most legendary drivers in motor Hoosiers hold dear: determination, sumed that my colleagues were simul- racing history—names like Foyt, hard work, ingenuity, an unwillingness taneously realizing that after decades Mears, Unser, Andretti, and the leg- to give up in the face of adversity, and, of trending to the right, it was now endary family who has been such good sometimes, a little bit of luck. more than likely that the Supreme friends to our State and such good To win you have to be able to over- Court was going to shift back to a stewards of the track, the Hulman- come setbacks, get back up, dust your- more centrist, progressive point of George family. self off, and put your nose back to the view. The Indianapolis Motor Speedway grindstone. That is the Hoosier way. But now it appears that the Senate and Indianapolis 500 are a sight to see, I wish the best to our drivers, to the has descended into an ‘‘Alice in Won- with its iconic 21⁄2-mile oval and the crews, and to the teams and owners derland’’ world where the Senate can- buzzing atmosphere created by hun- competing in Sunday’s 100th running of not even agree on how many Supreme dreds of thousands of cheering fans. As the Indy 500. May it be a safe and com- Court Justices make the Court func- my colleague and dear friend Senator petitive race. May God bless all those tional. Throughout our history, in the COATS said, the singing of ‘‘Back Home involved. God bless Indiana, and God Senate there have been previous at- Again in Indiana,’’ the winner drinking bless America. tempts to attack the Court by, on the milk in victory lane, and raising the Thank you, Mr. President. one hand, denying it members, or, on Borg-Warner trophy, this is defined by The PRESIDING OFFICER (Mr. the other hand, packing the Court. In career-making victories as well as PERDUE). The Senator from Indiana. those instances, this once august body heartbreaking crashes and down-to- Mr. COATS. Mr. President, on behalf has stood together and always pro- the-wire finishes. of my colleague and friend, Senator tected the sanctity of the Court—but The Indy 500 is more than just the DONNELLY, and myself, I ask unani- not today. greatest spectacle in racing. It is about mous consent that the Senate proceed The Senate is not only displaying a whole lot more than just that. It is to the consideration of S. Res. 475, sub- contempt for the Court, but it is dem- about bringing people and families to- mitted earlier today. onstrating contempt of its constitu- gether. More than 300,000 people will The PRESIDING OFFICER. The tional responsibilities. It is hard for come to watch the race in the city of clerk will report the resolution by the people we are honored to represent the speedway this weekend. It boosts title. to make sense out of much of what local businesses and gives Central Indi- The legislative clerk read as follows: goes on here—who serves on the sub- ana an opportunity to showcase our- A resolution (S. Res. 475) recognizing the committee that always sounds like the selves to the rest of the world. 100th running of the Indianapolis 500 Mile subcommittee on acoustics and ven- Over its history, the Indy 500 has Race. tilation, what a motion to table the been part of the fabric of our Hoosier There being no objection, the Senate amendment to the amendment to the State. It has endured through eco- proceeded to consider the resolution. amendment actually means—but this nomic booms, depressions, and times of Mr. COATS. Mr. President, I ask is an issue the American people get. turmoil at home and abroad. Through unanimous consent that the resolution We know there are supposed to be it all, the Indy 500 has become one of be agreed to, the preamble be agreed nine Supreme Court Justices and the the biggest sporting events in the to, and the motions to reconsider be Senate ought to do its job and ensure world. It brings together people of all considered made and laid upon the that the Court can function without different backgrounds. As the race has table with no intervening action or de- wasting years of people’s lives and dol- grown, it has drawn spectators from bate. lars by allowing cases to be undecided across the United States and from The PRESIDING OFFICER. Without through deadlock. around the world—diehard racing fa- objection, it is so ordered. I can state that I am going to be natics and casual fans alike. Donald The resolution (S. Res. 475) was home this weekend for townhall meet- Davidson, the track historian, told the agreed to. ings. At these townhall meetings, I Indianapolis Star earlier this week: The preamble was agreed to. hear from citizens who are exasperated.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.063 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3164 CONGRESSIONAL RECORD — SENATE May 25, 2016 They tell me this in the grocery store, sponsibility and constitutional duty scholar. But at this point, I am one of in the gym, and in other places where with which they are entrusted weren’t the longer serving Members of the Sen- Oregonians gather. They cannot under- enough to encourage action in this se- ate, and I have placed a special priority stand how a U.S. Senator can ignore rious situation, it would seem, for the on working with colleagues across the the responsibility to advise on a Su- sake of our country and our people, aisle, trying to find common ground, preme Court nominee and remain true that many here hoped this body would recognizing that the Senate is at its to his or her oath. find its way back again. best when colleagues work together. Here is what Oregonians know for Unfortunately, that has not been the But to my mind, the current approach sure. They understand that the Presi- case. So the majority leader’s response taken by the majority toward the dent of the United States is elected to to the death of Justice Scalia becomes President’s duty to nominate a Su- a 4-year term, not a 3-year term and yet another example of the scorched- preme Court Justice and the duty the some number of days—4 years. We Earth approach to politics the far-right Senate has to advise and consent on learn it in the first quarter of high has taken since the very beginning of the nominee has led this Senate to an school civics class. Oregonians and the Obama Presidency. It is a sad and unprecedented and dangerous situa- Americans understand that it is the unworthy response to Americans who tion. It seems to me that by denying President’s job during that 4-year term expressed their will at the ballot box. Judge Garland a hearing, we are denied to fill vacancies on the Court, and Or- Many Americans list choosing a Su- the opportunity to ask the nominee egonians understand that it is the Sen- preme Court Justice as one of their questions to which the American peo- ate’s job to advise and consent on the leading reasons for choosing a Presi- ple are owed answers. nomination by holding hearings and dential candidate. Sometimes—many The current position of refusing to then having an up-or-down vote. times—this is given as the most signifi- ask those questions and hear those an- The President has fulfilled his duty. cant reason for voting for a President. swers is an insult to our form of gov- The Senate is utterly failing its re- In the last Presidential election, the ernment, one understood by sponsibility. We have a nominee—an American people chose Barack Obama originalists, strict constructionists, eminently well-qualified nominee. Our as the duly elected President of the and liberal interpreters alike. The Sen- President pro tempore in the Senate, United States. I state this because, for ate’s decline has been particularly who is widely respected, called him many of my colleagues, that fact some- vivid in the case of judicial appoint- ‘‘highly qualified’’ and described him how seems to have just vanished from ments. The U.S. Court of Appeals for this way: their minds, or perhaps there is just a the District of Columbia is the primary His intelligence and his scholarship cannot refusal to recognize the results of the judicial forum for appeals of Executive be questioned. . . . His legal experience is 2012 election. Americans chose Presi- and regulatory actions prior to the Su- equally impressive. . . . Accordingly, I be- dent Obama to be the Commander in preme Court. As such, it has become lieve Mr. Garland is a fine nominee. I know Chief, to administer the laws, and, yes, the focus of ideologues who oppose en- him personally, I know of his integrity, I to appoint a new Supreme Court Jus- vironmental regulations, consumer know of his legal ability, I know of his hon- tice for any vacancies that occur be- regulation, anti-trust, and many other esty, I know of his acumen, and he belongs tween January 20, 2013, and January 20, hallmarks of our system of government on the Court. I believe he is not only a fine 2017. The unanimous position or near for the past century. nominee, but is as good as Republicans can unanimous position of the majority is expect from this administration. In fact, I When three vacancies opened on this that elections don’t really seem to would place him at the top of the list. court and Presidential appointments matter, that the rule of force becomes were made, Senate Republicans pro- Those are the exact words of our the rule of law, and saying ‘‘no, we will ceeded to filibuster each and every one President pro tempore with respect to not’’ is an acceptable response for of those nominees, claiming—in my this nominee. being asked to fulfill constitutional re- The then-chairman of the Judiciary view ridiculously—that the President sponsibilities. Basically, this position Committee called him ‘‘well qualified,’’ was engaged in ‘‘court packing.’’ disenfranchises the constitutionally even though he objected to bringing Now, in the interest of fairness, court ratified choice of more than 65 million the Court he was being appointed to up packing is the reprehensible course of Americans because the majority in the action chosen by a liberal icon, Presi- to its full complement of Justices. Senate simply doesn’t agree with them. dent Franklin D. Roosevelt, when faced But despite having a fully qualified This is not a response worthy of U.S. with a court that opposed his will. judge vetted and praised by many of Senators. It is choosing party and ide- their colleagues, this intemperate rhet- ology over the needs of our country, That attempt was a dangerous time for oric about blocking the Court has now and it is a political choice that many our constitutional system of checks solidified into an indefensible position. of my colleagues are beginning to un- and balances and must be remembered, That is why after waiting for weeks, I derstand they cannot support. lest it be repeated. am on the floor this evening. My colleagues have said: It is not the Not only was it dishonest to apply The first blow is now well known and position; it is the principle. But this is this term to the regular process of fill- often quoted. The majority leader said: a position without principle. It is real- ing existing vacancies, the accusers The American people should have a voice ly pure politics—pure politics of the were, in fact, attempting to accomplish in the selection of their next Supreme Court worst kind. It calls into question FDR’s same goal of bending a Federal Justice. Therefore, this vacancy should not whether perpetrators can effectively do court to their will in a blatant attack be filled until we have a new President. their jobs as Senators going forward. on our system of checks and balances. This was said at a time when other Today the Senate, this venerable in- Today, we are witnessing another at- officials were releasing statements of- stitution, continues to find itself in the tack on the Constitution in this refusal fering condolences to the Justice’s hands of the most insidious form of to do our job and proceed to the con- family, which includes 26 grand- politics—small ‘‘p’’ politics. It is the firmation process for Judge Garland. children. kind of politics that seems just devoid This is a grave assessment, and In some respects this reaction should of reason, revolving around what seems maybe I am being a bit too harsh to have been expected. When President to most Americans to be a truly colleagues in laying their refusal to Obama took office, it seemed that the straightforward portion of the Con- duty on purely political grounds. So I goal of some was to oppose anything he stitution. want to just take a couple of minutes did, however reasonable. Senators such Article II, section 2, paragraph 2, of to unpack some of the justifications as myself who have been here long the Constitution states: that have been given for what we have enough to see the ebbs and flows of the [The President] shall have Power, by and heard. Some Members have argued Senate figured that this stance was with the Advice and Consent of the Senate, there is a longstanding tradition that probably just a temporary slump. Sen- to . . . nominate, and by and with the Advice the Senate does not fill a Supreme ators put in long hours and travel end- and Consent of the Senate, shall appoint . . . Court vacancy during a Presidential lessly to make a difference on issues Judges of the Supreme Court. . . . election year. This has been referred to that are important to them and to Now, I am a lawyer in name only. I as an ‘‘80-year precedent’’ and as their States. Even if the solemn re- don’t profess to be a constitutional ‘‘standard practice.’’

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.065 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3165 Unfortunately, that turns out not to Committee, he always provided a Re- matter the pressure to choose party be the case. There is no such precedent. publican President’s Supreme Court over country, it is time to do our con- Or, I would say, there is no such prece- nominees with a hearing, a vote in stitutional duty, hold hearings, ask dent unless you define your terms so committee, and a vote on the Senate questions, get answers, and vote on the narrowly that the concept of precedent floor. nominee. becomes meaningless. This can be con- It is also important to consider the Perhaps, as with Abe Fortas, the trived, for example, by limiting the overall point that Senator BIDEN was nominee will be rejected. If that is the discussion to nominations made during making in 1992. The Supreme Court Senate’s will, so be it. But denying a a Presidential election year rather was about to adjourn, which is a time duly nominated candidate a respon- than nominations considered during a when Justices frequently announce sible and dignified confirmation proc- Presidential election year. their retirement. Senator BIDEN was ess is choosing to further endanger the However, that is like saying: We arguing that there should not be a people we serve and the body that we never previously filled a Supreme trumped-up retirement, designed to serve in. Court vacancy in a year in which create a vacancy for which the Presi- Finally, every Republican Member Leonardo DiCaprio won an Oscar and dent would submit an ideologically ex- must know that having a meeting or Denver won the Super Bowl. This is treme nominee as ‘‘part of a campaign calling for hearings and a vote without true enough, but it covers such a small to make the Supreme Court an agent of taking any action to make it so is pret- set of cases that it provides no mean- an ultra right conservative social agen- ty much naked politics, and Americans ingful guidance. If anything, the rel- da which would lack support in the are not going to be fooled. If Members evant historical precedent favors the Congress and the country.’’ of the majority actually wish to see Senate considering a nomination to fill Senator BIDEN was arguing against the Senate do its job, they can force the current vacancy. partisanship. He was counseling re- the Senate to make it happen by deny- Since 1912, the Senate has considered straint. He said that ‘‘so long as the ing the leadership the ability to act on seven Supreme Court nominations dur- public continues to split its confidence other less pressing matters until they ing Presidential elections. Six of the between branches, compromise is the take up this responsibility. nominations were confirmed: Mahlon responsible course both for the White To go home and claim that you Pitney in 1912; Louis Brandeis and House and for the Senate.’’ would like hearings—that you would John H. Clarke in 1916; Benjamin Noting his support of the nominee, like a vote—without taking action to Cardozo in 1932; Frank Murphy in 1940; though nominated by an opposing make it happen is simply lip service to the constitutional responsibility of a and the most recent example, Anthony President, Senator BIDEN was urging Kennedy in 1988, who was nominated by both sides to step back from partisan Senator. I am going to close with just a couple President Reagan and confirmed unani- ideological warfare. Senator BIDEN of last thoughts. My colleagues have mously by a Senate in which Demo- urged Congress to develop a nomina- the opportunity to redeem this body. tion confirmation process that re- crats held the majority. My colleagues have repeatedly said: It In one other case, that of Abe Fortas flected divided government by deliv- is not the position; it is the principle. in 1968, the nomination was rejected in ering a moderate, well-respected nomi- But it was understood during FDR’s an election year. However, even then, nee who would be subject to a reason- time, and it should be understood now, the Senate did its job. It held hearings, able, dignified nomination process. that threatening the makeup of the Su- reported the nomination from com- Senator BIDEN went on to say, ‘‘If the preme Court is a position without prin- President consults and cooperates with mittee, voted on whether to invoke clo- ciple. ture on the nomination on the Senate the Senate or moderates his selections Intemperance appears to be the hall- floor. absent consultation, then his nominees mark of political rhetoric in this day. In the face of this historical record, may enjoy my support, just as did Jus- Somehow, if it is loud and intemperate, some Senators have argued another tices Kennedy and Souter.’’ that is what people are going to pay at- point. They have invoked the so-called That is precisely the approach that tention to. But this sort of intemperate Biden rule, based on a speech that Vice President Obama is following here— rhetoric is certainly corrosive to this President BIDEN gave on the Senate moderating his selection. In nomi- institution. floor in 1992 when he was chairman of nating Judge Garland, the President The Senate still has an opportunity the Senate Judiciary Committee. In has not politicized the process. The to sober up, regardless of what was that speech, according to some Mem- President has not nominated some left- said, buckle down, get to work, hold bers, Senator BIDEN established a bind- wing ideologue who thrills progressives hearings, and vote on a nominee. Polit- ing rule that the Senate should never but angers conservatives. You already ical rhetoric can be forgiven. Allowing consider Supreme Court nominations heard what I quoted directly from our intemperate rhetoric to control the during Presidential election years. esteemed friend, the President pro solemn responsibility of every Senator First, as discussed above, there is no tempore of the Senate, Senator HATCH. is unforgivable. such thing as a binding Senate rule. We The President has gone to the middle, I yield the floor. make them. We break them. We change seeking compromise. He has nominated The PRESIDING OFFICER. The Sen- them. It is the flexibility of this insti- someone who is widely regarded as ator from South Dakota. tution that has allowed it to continue sound and moderate and capable. In- Mr. ROUNDS. Mr. President, I rise to serve Americans for 225 years and deed, not long ago, leading Republican today to speak about the National De- the current inflexibility of my col- Senators cited Judge Garland as the fense Authorization Act of 2017, or the leagues that threatens to bring it to very example of the type of person they NDAA. This bill was reported out of harm. were hoping the President would nomi- committee 2 weeks ago with 100 per- Now, let’s look at Senator BIDEN’s nate. cent support from our friends across 1992 comments in perspective. He gave Judge Garland is the kind of person the aisle and nearly unanimous support a speech, perhaps intemperate, but in about whom my colleagues on the from the majority party. 1988, as I just described, he led the Sen- other side of the aisle said: This is the I am thankful for the leadership of ate in confirming Justice Anthony kind of person we would really like to Chairman MCCAIN and Ranking Mem- Kennedy. see for this job. ber REED. I think they have done a Further, in 1987 and 1991, when Presi- Now, there have been other attempts marvelous job. These are two veterans dents Reagan and Bush submitted the to defend the indefensible, and they all who have served their country well be- highly controversial nominations of go back to the facts that I have just fore becoming Members of this body. Robert Bork and Clarence Thomas, the outlined. No matter the politics, no As Members of this body, they have Senate Judiciary Committee, chaired matter your concern about a primary worked very hard to find consensus be- by then-Senator BIDEN, held hearings challenge from the right, no matter the tween Republicans and Democrats with on the nominations and took them to faint hope that a Member of your party regard to how we work to prepare an the floor for up-or-down votes. So when might win the White House and nomi- authorization bill for funding for our Senator BIDEN chaired the Judiciary nate an ideological kindred spirit, no military.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.066 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3166 CONGRESSIONAL RECORD — SENATE May 25, 2016 The reason I am here today is I think during the time in which we were send- this year. This year, Memorial Day it is important to share my thoughts ing young men and women off to wars means a little bit more. about the need to move forward with a in Afghanistan and Iraq. I remember What I would ask today is that we discussion of the National Defense Au- one time in particular that was an ex- send a message to all of the men and thorization Act on the floor of the Sen- ample of the generations supporting women who wear the uniform. Politics ate in an appropriate timeframe. our country. It happened to be with a is gone. We will debate the bill, we will For those individuals who wonder mobilization ceremony in the little spend time on the bill, we will make it how the Senate works, sometimes we town of Redfield. When we send young better, but we will not hold it hostage. find it frustrating because we would men and women off in South Dakota, We will do what they want us to do as like to move on. And as my friend the we have a mobilization ceremony that Americans protecting our country and Senator from Oregon just indicated, is attended by literally the entire honoring the memory of those who they would like to have votes. In this town. In this case it was the 147th Field have given everything in defense of our particular case, he was suggesting a Artillery, 2nd Battalion. I was working country. vote on the Supreme Court, but on that as Governor at the time, and when we This is the time to vote—to vote for one there are challenges and there are came into this town, we went to the those who died before they ever had a concerns on the part of Members of the high school gymnasium. You couldn’t chance to vote. This is a chance to majority party. park win three blocks of that gym- share our strong belief that when it But in the case of the National De- nasium because it was filled. comes to the defense of our country, we fense Authorization Act, this is one When we walked inside, there were are Americans first, Republicans and which has been passed out of the Sen- people everywhere. They were even sit- Democrats last. ate, passed by the House, and signed by ting on the window sills because there With that, I yield the floor. the President for 54 years in a row. It were a little over 105 soldiers who were The PRESIDING OFFICER. The Sen- is a bipartisan work effort. It is one in being deployed, and they were going to ator from Michigan. which we have agreement; we find con- Iraq. WATER RESOURCES DEVELOPMENT ACT sensus. It seems only appropriate that I remember it specifically because as Mr. PETERS. Mr. President, tonight we try to move forward on this par- we finished the ceremonies for deploy- I rise to speak about the pressing need ticular bill before Memorial Day, the ment in this packed crowd, we went to invest in our aging infrastructure day in which we honor those individ- down the line, and we started thanking across this great country, especially uals who have given the ultimate sac- each soldier for their service. I walked drinking water infrastructure. rifice. through the line saying: Thank you. What makes the ongoing crisis in Let me share with you what we un- We appreciate your service. Be careful. Flint so tragic is that it was prevent- derstand has happened. I understand Come back safely. able. Steps could have and should have that when the majority leader had I looked at one of the soldiers and been taken over months and even years asked for a unanimous offer or an looked at his last name. He was gray that would have prevented the poi- agreement that we take up this bill haired, clearly he was a sergeant, and soning of the citizens of Flint. Because early—take it up and begin to debate he was one of the leaders. I said: Thank these steps were not taken, efforts to it; not pass it, but debate it and accept you for your service. Do your job, but mitigate the effects of lead exposure amendments to this particular bill bring these guys home safely. and repair the damage will be nec- about how to appropriately direct our He said: Yes, sir. essary for many years to come. military for the coming year—the mi- The next man in line—I looked at his Our drinking water supply is largely nority leader objected, which is his name, and it was the same name as the dependent on systems built decades ago right, and said he would not allow us to individual ahead of him. I looked at that are now deteriorating. Many of move forward, even to debate the bill. him and I said: Is that your dad? the pipes in some of our older cities In fact, we had to file what they call He said: No, sir, that is my uncle. My were installed before World War II, and cloture or a closure of the time with a dad is behind me. many are made of lead. The EPA esti- 30-hour period, which we are in right Three generations, three separate mates about 10 million homes and now, before we can even take up the members of the same family were serv- buildings are serviced with lead lines. bill. That seems inappropriate. At least ing in the 147th, three of them offering The American Water Works Associa- to me, it seems that if we really want- their own and their families’ time to tion has said that we are entering ‘‘the ed to show we honor those individ- support our country. I don’t know replacement era.’’ Water systems are uals—and we talk about the memory of whether they were Republican or Dem- reaching the end of their lifespan, and those who lost their lives serving our ocrat. All I know is that they were we must replace them. We have no country—the least we could do would wearing the uniform of the United choice. be to move forward with this particular States of America. If we want to simply maintain our one in some sort of a united effort Sometimes, as we talk about what we current levels of water service, experts since there does not appear to be any- do, we have to remind ourselves that estimate a cost of at least $1 trillion thing that is of a challenge in passing when these young men and women de- over the next two decades. That is why the bill. ploy, they are not deploying as Repub- it is so important that we pass a new I think about Memorial Day because licans or Democrats. They really don’t Water Resources Development Act, or I lost an uncle. As a matter of fact, I care about how we see the progression WRDA. We now have the opportunity am named for him. My name is Marion of the votes that we take here. What and the ability to dedicate resources to Michael. I go by Mike, but I was named they look at is whether or not we are Flint and to communities dealing with for an uncle who died in World War II united as Americans. infrastructure challenges all across our on the island of Okinawa in May of This would be a very appropriate country. 1945. He never had a chance to vote, time for the minority leader to perhaps The Environment and Public Works never had a chance to have a family. consider giving back some of the time Committee listened to water experts, My family lost something. He lost his that he is holding for debate on this State and local elected officials, and life, but we lost an uncle, a brother. bill to begin. Let’s begin the debate on the shipping industry, as well as stake- This is the time period in which we this bill before we leave for Memorial holders, to craft a WRDA bill that remember what these folks—these sol- Day. Let’s begin the process of letting makes crucial infrastructure invest- diers, sailors, and warriors—have given these families know that this is impor- ments in drinking and wastewater to our country. It seems appropriate tant to us, too, and that we understand projects as well as our ports and our that this would have been a great time the significance of Memorial Day. waterways. to make an example of our working to- For that particular family I talked My friend Senator DEBBIE STABENOW gether. That sense of sacrifice didn’t about in Redfield, this is especially im- and I were proud to work with Senator stop in World War II; it continues on. portant this year because that young JIM INHOFE and Senator BARBARA I had the opportunity, the privilege, man came back and carried the Cross BOXER to include bipartisan measures to work as Governor of South Dakota of War with him. They lost him earlier that would include emergency aid to

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.068 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3167 address the contamination crisis in MORNING BUSINESS publicans have weakened our highest Flint and provide assistance to our Mr. ROUNDS. Mr. President, I ask Court in the land, both functionally communities across our country facing unanimous consent that the Senate be and symbolically. In the face of this obstruction, some similar infrastructure challenges. in a period of morning business, with Supreme Court justices have tried to The Flint aid package included in the Senators permitted to speak therein put on a brave face, proclaiming things bipartisan WRDA bill includes direct for up to 10 minutes each. funding for water infrastructure emer- are going along just fine. The facts The PRESIDING OFFICER. Without show, however, that the opposite is gencies and critical funding for pro- objection, it is so ordered. grams to combat the health complica- true. As another recent news article tions from lead exposure. This includes f notes, the Supreme Court is on pace to take on the lightest caseload in at a drinking water lead exposure registry JUDICIAL NOMINATIONS least 70 years. At least one Supreme and a lead exposure advisory com- Mr. LEAHY. Mr. President, nearly Court expert has suggested that the mittee to track and address long-term 150 years ago, Congress determined eight Justices currently serving may health effects. that a fully functioning Supreme Court be reluctant to take on certain cases Additionally, funding for national should consist of nine Justices. For when they cannot be certain they will childhood health efforts, such as the more than 100 days, however, the Su- reach an actual decision on the merits childhood lead prevention poisoning preme Court has been unable to oper- without deadlocking. As each week program, would be increased in this ate at full strength as a result of un- passes and we see the Court take a pass bill. precedented obstruction by Senate Re- on taking additional cases, the problem The Water Resources Development publicans. Under Republican leader- gets worse and the Court is further di- Act also includes funding for secured ship, the Senate is on track to be in minished. loans through the Water Infrastructure session for the fewest days since 1956. In some instances, the Court has Finance and Innovation Act, or WIFIA Senate Republicans simply refuse to do issued rare and unprecedented follow- program. This financing mechanism their jobs. If Senate Republican leader- up orders to try to reach some kind of was created by Congress in 2014 in a bi- ship has its way, this seat on the Su- compromise where they otherwise can- partisan effort to provide low-interest preme Court will remain unnecessarily not resolve the issue with eight Jus- financing for large-scale water infra- vacant for more than a year. tices. This happened in Zubik v. structure projects. These loans will be President Obama nominated Chief Burwell, which involved religiously af- available to States and municipalities Judge Merrick Garland 70 days ago. filiated employers’ objections to their all across our country. Based on the timing of the Senate’s employees’ health insurance coverage There are also a number of other im- consideration of Supreme Court nomi- for contraception. In that case, the portant provisions in this year’s WRDA nees over the past four decades, Chief Court took the unusual step of order- bill. It promotes restoration of our Judge Garland should be receiving a ing supplemental briefing in the case, great lakes and great waters, which in- confirmation vote on the Senate floor seemingly to avoid a 4–4 split and to clude ecosystems such as the Great today. Instead, Republican Senators reach some kind of compromise. Even Lakes, Puget Sound, Chesapeake Bay, are discussing a hypothetical list of with the extra briefing, the Court could and many more. nominees issued by their presumptive not make a decision. Instead, it sent the issue back to the lower courts ex- In fact, the bill includes an author- nominee for President. Senate Republicans should be respon- pressing ‘‘no view on the merits of the ization of the Great Lakes Restoration cases.’’ The reason we have one Su- Initiative through the year 2021, which sible enough to address the real vacancy on the Supreme Court that is preme Court is so it can issue final de- has been absolutely essential to Great cisions on the merits after the lower right now keeping the Court from oper- Lakes cleanup efforts in recent years. courts have been unable to do so in a ating at full strength. Chief Judge Gar- It is important to know that the Great consistent fashion. But the Supreme land has received bipartisan support in Lakes provide drinking water for over Court has recently punted cases back the past, and there is no reason other 40 million people. down to the lower courts for them to than partisan politics to deny him the The WRDA bill also will modernize resolve the issue, possibly in different same process the Senate has provided our ports, improve the condition of our ways, because of its diminished stat- Supreme Court nominees for the last harbors and waterways, and keep our ure. A Supreme Court that cannot re- 100 years. The chairman of the Judici- economy moving. solve disputes among the appellate ary Committee recently suggested we A saying attributed to Benjamin courts cannot live up to its name. put down on paper how the Senate Franklin rings especially true with The Court has been unable to resolve treats Supreme Court nominees. I did this WRDA bill. He said: ‘‘An ounce of cases where even the most fundamental just that with Senator HATCH in 2001 prevention is worth a pound of cure.’’ If right is at stake, that of life and death. when we memorialized the long- we make the necessary infrastructure Former Judge Timothy K. Lewis of the standing Judiciary Committee practice investments now, we will preserve Third Circuit Court of Appeals warned that Supreme Court nominees receive a clean water, save taxpayer money in us of this earlier this month when he hearing and a vote, even in instances the long run, and protect American spoke at a public meeting to discuss when a majority of the Judiciary Com- families from the dangerous health im- the qualifications of Chief Judge Gar- mittee did not support the nominee. pacts of aging lead pipes. land. Sadly, these warnings have be- The chairman and all Republicans The Environment and Public Works come a reality. In one death row case, should go back to that letter to use as the Supreme Court has not yet decided Committee passed the Water Resources roadmap for considering Chief Judge Development Act with strong, over- whether to review it despite the fact Garland’s nomination now. that, at trial, an expert testified that whelming bipartisan support last Republicans have been dismissive month. This bill is ready for consider- the defendant was more likely to be about the need for a fully functioning dangerous in the future because of his ation by the full Senate, and commu- Supreme Court with nine Justices, but nities across our country—including race. The prosecution later conceded as we have already seen this term, the this testimony was inappropriate, but the families of Flint—are waiting for Supreme Court has been repeatedly un- us to act. continued to raise procedural defenses able to serve its highest function under in Buck’s case. Such a case about I am hopeful that this body will do our Constitution. Without a full bench whether a person sentenced to death just that in the coming weeks, and I of justices, the Court has deadlocked has received due process is at the very urge my colleagues to prioritize this and has been unable to address circuit heart of our democracy; yet our dimin- commonsense, bipartisan infrastruc- court conflicts or resolve cases on the ished Supreme Court has been unable ture bill for a vote on the Senate floor. merits. The effect, as the New York to make a decision in this case and I yield the floor. Times reported recently, is a ‘‘dimin- could deadlock on others. The PRESIDING OFFICER. The Sen- ished’’ Supreme Court. In a bid to ap- There are some who suggest a dead- ator from South Dakota. peal to moneyed interest groups, Re- locked decision may be beneficial when

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.069 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3168 CONGRESSIONAL RECORD — SENATE May 25, 2016 one supports the lower court’s ruling, ObamaCare has weighed down health As a number of global security chal- but that is both shortsighted and con- insurance with unworkable plans, high lenges occupy the top of our foreign trary to role of the courts in our con- costs, and a risk pool that is signifi- policy agenda—not least the threat stitutional system. A deadlocked deci- cantly sicker than expected; and now, posed by ISIS and the most significant sion postpones an actual decision from somehow, people seem surprised to find refugee crisis since World War II—it is the final arbiter of law under our Con- that we have insurers leaving the mar- easy to overlook Montenegro’s tenth stitution. This results in less certainty ket, either by choice or because they anniversary. But we would be remiss if for all of us. have gone bankrupt. we did not use this occasion to reflect I hope that Republicans will soon re- Look at the national carriers that on the importance of U.S.-Montenegro verse course and put aside their ob- have left the exchanges: UnitedHealth, relations and the role this country of struction to move forward on Chief Humana, and Aetna in some States. 600,000 can play to advance regional Judge Garland’s nomination to be the These folks have looked at the ex- and transatlantic security moving for- next Supreme Court Justice. Their fail- changes and said, We can’t anymore. ward. ure to act is having a real impact on We could look at the co-ops that have the American people. It is up to the Re- closed. Twelve have closed—more than Early on, the country’s leaders made publican majority to allow this body to half. a clear decision to align with the fulfill one of its most solemn duties Look at the States that may have United States and pursue membership and ensure that justice is not delayed some counties with only one insurance in Euro-Atlantic institutions. Mon- for another year. Judge Garland de- option. According to the Kaiser Family tenegrin troops sacrificed their lives serves fairness. He should be given a Foundation’s tracking, more than 650 supporting the U.S.- and NATO-led public hearing and a vote without fur- counties may have just one insurer for mission in Afghanistan. Montenegro ther delay. the exchanges in 2017 in Kentucky, has demonstrated its commitment to f Tennessee, Mississippi, Arizona, and deterring Russian aggression by voluntarily joining the EU sanctions regime OBAMACARE Oklahoma. What answer do my Democratic col- against Russia and rebuffing Moscow’s Mr. ENZI. Mr. President, I would like leagues have for this absolutely unac- offers for military cooperation. And to get into the numbers on something ceptable situation? I have mostly heard since the beginning, the United States that folks in Wyoming are having to silence. has been there supporting deal with. The number I would like to The people we represent deserve more Montenegro’s progress, with direct as- highlight is one. As an accountant, I than silence or rhetorical finger point- sistance to help the country fight orga- am sure you thought I was going to get ing. They need relief, and they need nized crime and corruption, strengthen much more complicated, but it is im- real, meaningful changes that will let its civil society and democratic struc- portant for my colleagues to hear that people buy health insurance in a free tures, and provide stability in the still- there is one health insurer in Wyoming market without a government fragile Balkans region. offering exchange plans this year—one. In October last year, people around chokepoint at every turn. In October 2014, I had the privilege to Let’s be clear: This is not a failure of Wyoming read the news that visit Montenegro as then-chairman of the free market. These are not open WINHealth, one of two major medical the Senate Foreign Relations Sub- insurers operating in the State, would marketplaces that have failed. They committee on European Affairs. I met close down. That was bad news, and I are government-run exchanges selling with our Ambassador and Montenegrin had constituents who were in a tough government-mandated and govern- Government officials and opposition spot. ment-approved health insurance. leaders to discuss the challenges of the They say that misery loves company, I encourage my colleagues to con- region and the country’s progress. I and, unfortunately, we have company sider what the option is if we fail to also sat down with U.S. investors to now. This year, Alaska and Alabama roll back this damaging law. What will hear why Montenegro is currently an join us—one insurer on the State ex- we be left with? attractive country for foreign invest- I extend an open hand to work with changes, thousands of people losing ment. their plans. any of my colleagues who want to Above all else, I came away from this Blue Cross Blue Shield of Wyoming make reforms to our health care sys- has been working to provide options, tem that will truly deliver on the visit convinced that Montenegro but the fact remains that we have promises of more options, security, and should be granted NATO membership. fewer choices now. lower costs. The opportunity to join the world’s If I think back to the ObamaCare de- Thank you. foremost military alliance has been a bate, President Obama and my col- f powerful incentive for reform. Monte- negro has come a long way, but if the leagues across the aisle promised that CONGRATULATING MONTENEGRO ObamaCare would bring more options, prospect of joining NATO is no longer ON 10 YEARS OF INDEPENDENCE on the table, we can expect to see an security, lower costs. AND SUPPORTING The majority leader at the time, erosion of Montenegro’s commitment MONTENEGRO’S NATO MEMBER- to democratic governance and argu- HARRY REID, said: [W]e are bringing se- SHIP curity and stability to millions who ments that Montenegro is better served have health insurance . . . What we Mr. MURPHY. Mr. President, 10 by an alliance with Russia. years ago this month, voters in Monte- will do is ensure consumers have more Last week, NATO Foreign Ministers negro went to the polls to determine choices and insurance companies face gathered in Brussels to sign the future of their country. These vot- more competition. Montenegro’s Accession Protocol, pav- ers were faced with a single question: I think it is safe to say that that ing the way to Montenegro’s formal ‘‘Do you want the Republic of Monte- hasn’t quite materialized. membership. Each member country What we are witnessing is another negro to be an independent state with must now ratify the agreement. This broken promise, the failure of full international and legal subjec- important decision will help counter ObamaCare to deliver again. tivity?’’ When the dust settled on the Some of my colleagues have been on evening of May 21, 2006, the referendum Russian aggression in the region, the Senate floor talking about insur- passed with 55.5 percent of voters eliminate a strategic NATO gap along ance premiums going up, and they are choosing to peacefully dissolve their the Mediterranean, and ensure that going up, at shocking rates. union with Serbia. Shortly thereafter, Montenegro’s young democracy con- ObamaCare has been quite a com- the international community recog- tinues to develop under the alliance’s prehensive reform of health care. Now nized the newest country in the world. umbrella. your costs are higher, and you may In a region riddled with bullets and At the same time, no country should have no choice in your insurer or the bombs, this moment marked the begin- receive an invitation until it is pre- structure of your insurance plan— ning of a praiseworthy chapter in re- pared to meet the highest standards of sounds like a great deal. gional and transatlantic history. NATO membership. Montenegro has

VerDate Sep 11 2014 05:53 May 26, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.045 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3169 taken significant steps to address con- As public officials, we have a deep Casper, WY. Through music, Fred and cerns that have delayed membership in and abiding obligation to support those Connie Taylor have helped our con- the past. The government has strength- serving in law enforcement. Our sup- gregation share in God’s love, grace, ened the rule of law, undertaken intel- port must be in deed and in word, and teachings for 24 years. Last Sun- ligence sector and defense reforms, and which means making sure those law day marked their last service in lead- increased public support for NATO enforcement officers have the re- ing the musical ministry of the church membership in recent years. Notably, sources they need to keep our commu- as they start their well-earned retire- the Montenegrin Parliament passed nities and themselves safe. All public ment. legislation in November 2014 to reform officials must pray and ask humbly Fred and Connie Taylor have been the judicial sector, including the estab- whether our actions are worthy of the married for over 50 years. Since they lishment of a special prosecutor’s of- valor of those who serve. first met at the University of Dayton, fice for organized crime and an anti- On the Senate floor today, we express this lovely couple has been celebrating corruption agency. This legislation is our profound gratitude for the service life and music together. In fact, music now being implemented, with the spe- of Medal of Valor recipient Sergeant brought them together. The couple met cial prosecutor’s office carrying out a Wilson and the sacrifice of his family. when Fred was performing in the role high-profile arrest of former President f of Elijah in Mendelssohn’s ‘‘Elijah’’ of Serbia and Montenegro Svetozar and Connie was assigned to be his ac- Marovic on corruption charges in De- TRIBUTE TO DR. ANDREW W. companist. Since that day, they have cember 2015. We need to see continued GURMAN been performing together and sharing high profile arrests to prove the rule of Mr. TOOMEY. Mr. President, I would their musical talents in schools and law will be fully respected, but this is like to recognize the upcoming inau- churches across the nation. an important signal. guration of Dr. Andrew Gurman of The Taylors fell in love with Wyo- Montenegro’s democracy is young, Hollidaysburg, PA, as the 171st presi- ming during a trip to our great State but it is on the right track. There is no dent of the American Medical Associa- in 1979. A short time later, Fred and doubt Montenegro needs to continue tion on June 14, 2016. Connie moved to Hanna, WY. Fred got making progress to uphold the rule of Dr. Gurman is an orthopaedic hand a job as band director at the school and law, fight organized crime, tackle cor- surgeon who maintains a private prac- Connie took the position as the choir ruption, and foster a free and inde- tice in Altoona, PA. He is the first director. In 1986, they moved to Casper, pendent media environment. I believe hand surgeon and only the second WY. Fred became bass trombonist and American engagement will be critical orthopaedic surgeon to have been elect- assistant conductor of the symphony. helping Montenegro achieve these ed to serve as president of the AMA. Connie devoted herself to inspiring and goals. On the tenth anniversary of Dr. Gurman graduated from Syracuse spreading the love of music to children Montenegro’s historic independence, I University and received his medical de- in the Casper schools. will continue to push for a strong gree from the State University of New While they are a dynamic team, Fred transatlantic partnership between our York Upstate Medical University, Syr- and Connie also have significant indi- countries. acuse, in 1980. After completing his sur- vidual accomplishments. Connie grad- f gical internship and residency in uated from the University of Dayton HONORING SERGEANT ROBERT orthopaedic surgery at the Montefiore with a bachelor of science in music and WILSON III Hospital/Albert Einstein program in earned a master of music from Indiana New York City and a fellowship in University. Connie is a concerto level Mr. CASEY. Mr. President, today we hand surgery at the Hospital for Joint pianist. She has performed as an ac- pay tribute to Sergeant Robert Wilson Diseases Orthopaedic Institute, Dr. companist for the Joffrey Ballet. Her III of the Philadelphia Police Depart- Gurman entered practice in central musical expertise has been critical in ment, who sacrificed his life to protect Pennsylvania and became active in ensuring the success of numerous per- innocent civilians during an armed rob- local medical societies, having served formances in our community. As a bery at a store called GameStop in as both speaker and vice speaker of the longtime elementary school teacher in north Philadelphia in March 2015. Sergeant Wilson was there buying a Pennsylvania Medical Society. He was Casper, she taught her students to ap- present for his son when he confronted also a member of its board of trustees preciate the beauty and joy of music. two armed robbers. He moved to draw and executive board. Dr. Gurman has Connie has helped ensure the love of attention away from the area where also served as the chair of the Altoona music lives on in the future genera- the civilians were standing in what Hospital bylaws committee and tions of our State. ended up being a fatal exchange of gun- orthopaedic surgery peer review com- Fred’s passion for music is best ex- fire. mittee, as well as the chair of plained by his proclamation that, For his exceptional bravery and self- orthopaedic service. ‘‘Music is part of my soul.’’ He was lessness in the face of danger, Presi- I want to congratulate Dr. Gurman born in New York City in 1938. As a dent Obama awarded Sergeant Wilson on his election and inauguration as the baby, he would rock and sway along to with the Public Safety Officer Medal of president of the American Medical As- the sounds of the world’s most beloved Valor, 1 of 13 officers who received the sociation and wish him well. I look for- symphonies. As a young boy, he started award and the first member of the ward to working with him in his new singing at his church and in the boys’ Philadelphia Police Department to role to craft policies that will improve choir. After serving our Nation in the earn such an honor. access to affordable, high-quality U.S. Army, Fred earned his bachelor of No medal or distinction can ade- health care and make a difference in science in music education from the quately pay tribute to Sergeant Wil- the lives of countless patients across University of Dayton and a master of son’s sacrifice and the horror his fam- the Nation. music in conducting from Indiana Uni- ily has gone through over this last f versity. Fred is the bass trombonist for year. Sergeant Wilson’s grandmother, the Wyoming Symphony Orchestra and TRIBUTE TO FRED AND CONNIE Constance, who accepted the medal on founder of the Casper Brass and Storm TAYLOR his behalf, said of the pain of losing her Door Company. He has composed over grandson, ‘‘a big hole was put in my Mr. BARRASSO. Mr. President, I 600 pieces of music. In addition, Fred heart.’’ would like to take the opportunity to has performed in and greatly contrib- Sadly, the Wilson family is not alone sing the praises of Fred and Connie uted to the Casper College Band, the in its sacrifice: 128 police officers were Taylor, two incredibly talented and Casper Municipal Band, and the CC killed in the line of duty in 2015, in- dedicated members of the Casper com- Jazz Band. cluding five in Pennsylvania. To para- munity. Fred serves as the choir direc- Fred explains how his love for music phrase something President Lincoln tor and his wife, Connie, serves as the and the state of Wyoming perfectly once said, they gave the ‘‘last full organist and director of the handbell intertwine stating, ‘‘I have a wonderful measure of devotion’’ to the commu- choir at the Shepherd of the Hills Pres- church choir to conduct; I have a sym- nities they served. byterian Church in my hometown of phony orchestra to play in; everything

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.046 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3170 CONGRESSIONAL RECORD — SENATE May 25, 2016 I write gets performed.’’ He also said, narratives. His friendly demeanor, By Mr. JOHNSON, from the Committee on ‘‘Outside of that, the air is clear and work ethic, and patience epitomize Homeland Security and Governmental Af- the fish in the river don’t have to Kansans’ approach to resolving tough fairs, without amendment: cough, and my grandchildren live right issues. H.R. 136. A bill to designate the facility of the United States Postal Service located at around the corner.’’ While improving their community 1103 USPS Building 1103 in Camp Pendleton, The passion for music is part of the has always been a top priority, as they California, as the ‘‘Camp Pendleton Medal of family. The love of music and ability approach 63 years of marriage next Honor Post Office’’. to bring the notes on the page to life month, it is obvious they have always H.R. 1132. A bill to designate the facility of extends to every member of their fam- put family first. Relocating to Law- the United States Postal Service located at ily; Lisa Rich, Steven Rich, Chris Tay- rence will allow them to spend time 1048 West Robinhood Drive in Stockton, Cali- lor, Nancy Taylor, and their grand- with their kids and grandkids; yet they fornia, as the ‘‘W. Ronald Coale Memorial children Alex Rich, Jeremy Rich, and will be close enough to visit and cher- Post Office Building’’. Abigail Madden. H.R. 2458. A bill to designate the facility of ish the friendships and memories made the United States Postal Service located at My wife, Bobbi, joins me in extending in southwest Kansas. 5351 Lapalco Boulevard in Marrero, Lou- our appreciation for the musical tal- By investing their time and talents isiana, as the ‘‘Lionel R. Collins, Sr. Post Of- ents of Fred and Connie Taylor which in the community where they lived, fice Building’’. inspire and delight so many people in the Taylors made a difference one life H.R. 2928. A bill to designate the facility of our community and across the Nation. at a time. They taught through their the United States Postal Service located at We are also deeply grateful for their actions that satisfaction in life comes 201 B Street in Perryville, Arkansas, as the amazing ability to lift our hearts and from what you do for others rather ‘‘Harold George Bennett Post Office’’. share the Word of God through music. than what you do for yourself, which is H.R. 3082. A bill to designate the facility of the United States Postal Service located at As quoted in the Bible, I say to each of the legacy we want to leave behind for 5919 Chef Menteur Highway in New Orleans, them, ‘‘Well done, good and faithful the next generation. While impossible Louisiana, as the ‘‘Daryle Holloway Post Of- servant.’’ All of us privileged enough to to replace, the Taylors worked tire- fice Building’’. know them are blessed. We wish them lessly to bring another generation of H.R. 3274. A bill to designate the facility of the best as they embark on their next leaders to Liberal and southwest Kan- the United States Postal Service located at adventure. sas. 4567 Rockbridge Road in Pine Lake, Georgia, as the ‘‘Francis Manuel Ortega Post Office’’. f Good things continue happening in our State because of individuals like H.R. 3601. A bill to designate the facility of ADDITIONAL STATEMENTS the United States Postal Service located at Jack and Georgetta, and I wish them 7715 Post Road, North Kingstown, Rhode Is- the very best as they move to Law- land , as the ‘‘Melvoid J. Benson Post Office TRIBUTE TO JACK AND rence to spend precious time with their Building’’. GEORGETTA TAYLOR family.∑ H.R. 3735. A bill to designate the facility of f the United States Postal Service located at ∑ Mr. MORAN. Mr. President, Kansans 200 Town Run Lane in Winston Salem, North work hard to make a difference in our MESSAGE FROM THE HOUSE Carolina, as the ‘‘Maya Angelou Memorial communities, our State, and our Na- At 10:02 a.m., a message from the Post Office’’. tion. Two of those who exemplify this House of Representatives, delivered by H.R. 3866. A bill to designate the facility of the United States Postal Service located at are Jack and Georgetta Taylor who, for Mrs. Cole, one of its reading clerks, an- the past 48 years, have called Liberal, 1265 Hurffville Road in Deptford Township, nounced that the House has passed the New Jersey, as the ‘‘First Lieutenant KS, home. following bills, in which it requests the The Taylors are true ambassadors for Salvatore S. Corma II Post Office Building’’. concurrence of the Senate: H.R. 4046. A bill to designate the facility of southwest Kansas. During visits to Lib- H.R. 897. An act to amend the Federal In- the United States Postal Service located at eral for the annual Pancake Day or a secticide, Fungicide, and Rodenticide Act 220 East Oak Street, Glenwood City, Wis- Kansas Listening Tour stop, they and the Federal Water Pollution Control Act consin , as the Second Lt. Ellen Ainsworth would make certain Robba and I had to clarify Congressional intent regarding the Memorial Post Office. seen every new business, restaurant, regulation of the use of pesticides in or near H.R. 4605. A bill to designate the facility of and development. Their pride for Lib- navigable waters, and for other purposes. the United States Postal Service located at eral is contagious and makes all under H.R. 5077. An act to authorize appropria- 615 6th Avenue SE in Cedar Rapids, Iowa as their spell want to call it home. Every tions for fiscal year 2017 for intelligence and the ‘‘Sgt. 1st Class Terryl L. Pasker Post Of- fice Building’’. time I have visited Liberal, the Taylors intelligence-related activities of the United States Government, the Community Man- S. 2465. A bill to designate the facility of were there to make me feel welcome agement Account, and the Central Intel- the United States Postal Service located at and appreciated. ligence Agency Retirement and Disability 15 Rochester Street in Bergen, New York, as Jack and Georgetta are also the type System, and for other purposes. the Barry G. Miller Post Office. S. 2891. A bill to designate the facility of of individuals who will drop everything f to help others. In fact, a few years ago the United States Postal Service located at during Pancake Day, Jack literally MEASURES REFERRED 525 North Broadway in Aurora, Illinois, as gave the shoes off his feet so members the ‘‘Kenneth M. Christy Post Office Build- The following bill was read the first ing’’. of my staff could fully experience the and the second times by unanimous race. consent, and referred as indicated: f Through their involvement in a myr- H.R. 5077. An act to authorize appropria- iad of community organizations includ- tions for fiscal year 2017 for intelligence and ing the chamber, the Baker Arts Cen- intelligence-related activities of the United EXECUTIVE REPORT OF ter, and the Booster Club, the Taylors States Government, the Community Man- COMMITTEE have been important leaders in the Lib- agement Account, and the Central Intel- The following executive report of a ligence Agency Retirement and Disability eral community. They also worked to nomination was submitted: make certain our Nation’s veterans liv- System, and for other purposes; to the Com- mittee on Intelligence. By Mr. JOHNSON for the Committee on ing in Kansas are cared for through Homeland Security and Governmental Af- constant communication to recruit a f fairs. fulltime physician to the local commu- REPORTS OF COMMITTEES *Jay Neal Lerner, of Illinois, to be Inspec- nity-based outpatient clinic. tor General, Federal Deposit Insurance Cor- The following reports of committees Jack has been a relentless advocate poration. were submitted: for expanding and improving U.S. High- *Nomination was reported with rec- way 54, one of the most heavily traf- By Mr. GRASSLEY, from the Committee ommendation that it be confirmed sub- on the Judiciary: ficked two-lane highways in the United Report to accompany S. 2390, a bill to project to the nominee’s commitment to States. A self-described troublemaker, vide adequate protections for whistleblowers respond to requests to appear and tes- Jack always approaches tough issues at the Federal Bureau of Investigation (Rept. tify before any duly constituted com- with a charming smile and humorous No. 114–261). mittee of the Senate.

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G25MY6.047 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3171 INTRODUCTION OF BILLS AND tuate the Joint Comprehensive Plan of Ac- tional Gun Violence Awareness Day’’ and JOINT RESOLUTIONS tion in guaranteeing that all nuclear mate- June 2016 as ‘‘National Gun Violence Aware- rial in Iran remains in peaceful activities; to ness Month’’; to the Committee on the Judi- The following bills and joint resolu- the Committee on Banking, Housing, and ciary. tions were introduced, read the first Urban Affairs. f and second times by unanimous con- By Ms. MURKOWSKI (for herself, Mr. sent, and referred as indicated: COCHRAN, and Mr. SULLIVAN): ADDITIONAL COSPONSORS S. 2989. A bill to award a Congressional By Mr. BARRASSO: S. 151 S. 2978. A bill to amend title XI of the So- Gold Medal, collectively, to the United States merchant mariners of World War II, At the request of Mr. HELLER, the cial Security Act to exempt certain transfers name of the Senator from Washington used for educational purposes from manufac- in recognition of their dedicated and vital service during World War II; to the Com- (Ms. CANTWELL) was added as a cospon- turer transparency reporting requirements; sor of S. 151, a bill to require the Sec- to the Committee on Finance. mittee on Banking, Housing, and Urban Af- fairs. By Mr. WYDEN (for himself, Mr. BEN- retary of Defense to establish a process By Ms. COLLINS (for herself and Mr. NET, and Ms. WARREN): to determine whether individuals S. 2979. A bill to amend the Federal Elec- KING): claiming certain service in the Phil- S. 2990. A bill to prohibit the President tion Campaign Act of 1971 to require can- ippines during World War II are eligible from preventing foreign air carriers trav- didates of major parties for the office of eling to or from Cuba from making transit for certain benefits despite not being President to disclose recent tax return infor- stops in the United States for refueling and on the Missouri List, and for other pur- mation; to the Committee on Rules and Ad- other technical services based on the Cuban poses. ministration. Assets Control Regulations; to the Com- By Mr. FLAKE (for himself and Mr. S. 198 mittee on Banking, Housing, and Urban Af- VITTER): At the request of Mr. DURBIN, the fairs. S. 2980. A bill to amend the Internal Rev- name of the Senator from Maryland By Mrs. MURRAY (for herself and Ms. enue Code of 1986 to expand the permissible (Ms. MIKULSKI) was added as a cospon- CANTWELL): use of health savings accounts to include S. 2991. A bill to withdraw certain land in sor of S. 198, a bill to amend the Inter- health insurance payments and to increase Okanogan County, Washington, to protect nal Revenue Code of 1986 to modify the the dollar limitation for contributions to the land, and for other purposes; to the Com- rules relating to inverted corporations. health savings accounts, and for other pur- mittee on Energy and Natural Resources. poses; to the Committee on Finance. S. 299 By Mr. VITTER (for himself, Mrs. SHA- By Mr. GRASSLEY (for himself and At the request of Mr. FLAKE, the HEEN, Mr. RISCH, Ms. AYOTTE, and Mr. Mr. CASEY): name of the Senator from Montana PETERS): S. 2981. A bill to amend title XIX of the So- S. 2992. A bill to amend the Small Business (Mr. DAINES) was added as a cosponsor cial Security Act to add standards for drug Act to strengthen the Office of Credit Risk of S. 299, a bill to allow travel between compendia for physician use for purposes of Management of the Small Business Adminis- the United States and Cuba. Medicaid payment for certain drugs, and for tration, and for other purposes; to the Com- S. 314 other purposes; to the Committee on Fi- mittee on Small Business and Entrepreneur- At the request of Mr. GRASSLEY, the nance. ship. By Mr. LEE (for himself, Mr. RUBIO, name of the Senator from Kansas (Mr. and Mr. ENZI): f ROBERTS) was added as a cosponsor of S. 2982. A bill to amend the Congressional SUBMISSION OF CONCURRENT AND S. 314, a bill to amend title XVIII of the Budget Act of 1974 to establish a Federal reg- SENATE RESOLUTIONS Social Security Act to provide for cov- ulatory budget and to impose cost controls The following concurrent resolutions erage under the Medicare program of on that budget, and for other purposes; to pharmacist services. the Committee on Homeland Security and and Senate resolutions were read, and Governmental Affairs. referred (or acted upon), as indicated: S. 366 ESTER By Mr. BROWN (for himself, Mrs. CAP- By Mr. FLAKE (for himself, Mr. SES- At the request of Mr. T , the ITO, and Mr. KING): SIONS, Mr. LEE, Mr. RUBIO, and Mr. name of the Senator from Washington S. 2983. A bill to amend title XIX of the So- CRUZ): (Ms. CANTWELL) was added as a cospon- cial Security Act to provide States with the S. Res. 474. A resolution prohibiting con- sor of S. 366, a bill to require Senate option of providing medical assistance at a sideration of appropriations that are not au- candidates to file designations, state- residential pediatric recovery center to in- thorized; to the Committee on Rules and Ad- ments, and reports in electronic form. fants under 1 year of age with neonatal ab- ministration. S. 386 stinence syndrome and their families; to the By Mr. COATS (for himself and Mr. Committee on Finance. DONNELLY): At the request of Mr. THUNE, the By Mr. CORNYN: S. Res. 475. A resolution recognizing the name of the Senator from Nebraska S. 2984. A bill to impose sanctions in rela- 100th running of the Indianapolis 500 Mile (Mrs. FISCHER) was added as a cospon- tion to violations by Iran of the Geneva Con- Race; considered and agreed to. sor of S. 386, a bill to limit the author- vention (III) or the right under international By Mr. MARKEY (for himself and Mr. ity of States to tax certain income of law to conduct innocent passage, and for GRASSLEY): employees for employment duties per- other purposes; to the Committee on Foreign S. Res. 476. A resolution designating the Relations. month of May 2016 as ‘‘Cystic Fibrosis formed in other States. By Mr. CASSIDY: Awareness Month’’; considered and agreed S. 488 S. 2985. A bill to eliminate the individual to. At the request of Mr. SCHUMER, the and employer health coverage mandates By Mr. CARDIN (for himself, Ms. name of the Senator from New York under the Patient Protection and Affordable HIRONO, Mr. BLUMENTHAL, Mr. (Mrs. GILLIBRAND) was added as a co- Care Act, to expand beyond that Act the BROWN, Mr. MENENDEZ, and Mr. sponsor of S. 488, a bill to amend title choices in obtaining and financing affordable SCHATZ): health insurance coverage, and for other pur- S. Res. 477. A resolution promoting minor- XVIII of the Social Security Act to poses; to the Committee on Finance. ity health awareness and supporting the allow physician assistants, nurse prac- By Mr. HATCH (for himself, Mr. COONS, goals and ideals of National Minority Health titioners, and clinical nurse specialists and Mr. HELLER): Month in April 2016, which include bringing to supervise cardiac, intensive cardiac, S. 2986. A bill to amend title 18, United attention to the health disparities faced by and pulmonary rehabilitation pro- States Code, to safeguard data stored abroad, minority populations of the United States grams. and for other purposes; to the Committee on such as American Indians, Alaskan Natives, S. 860 the Judiciary. Asian Americans, African Americans, Latino By Mr. GARDNER: Americans, and Native Hawaiians or other At the request of Mr. THUNE, the S. 2987. A bill to require the Transpor- Pacific Islanders; considered and agreed to. name of the Senator from Georgia (Mr. tation Security Administration to establish By Mr. DURBIN (for himself, Mrs. PERDUE) was added as a cosponsor of S. pilot programs to develop and test airport GILLIBRAND, Mr. MARKEY, Ms. 860, a bill to amend the Internal Rev- security systems, and for other purposes; to HIRONO, Mr. FRANKEN, Mr. COONS, Mr. enue Code of 1986 to repeal the estate the Committee on Commerce, Science, and KAINE, Mr. BLUMENTHAL, Mrs. BOXER, and generation-skipping transfer taxes, Transportation. Mr. CASEY, Mr. WHITEHOUSE, Mrs. and for other purposes. By Mr. KAINE (for himself and Mr. MURRAY, Mr. MURPHY, Mr. BOOKER, S. 1455 MURPHY): Mr. REED, and Ms. WARREN): S. 2988. A bill to extend the sunset of the S. Res. 478. A resolution expressing support At the request of Mr. MARKEY, the Iran Sanctions Act of 1996 in order to effec- for the designation of June 2, 2016, as ‘‘Na- name of the Senator from Connecticut

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.009 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3172 CONGRESSIONAL RECORD — SENATE May 25, 2016 (Mr. BLUMENTHAL) was added as a co- methods within the Federal Govern- of S. 2799, a bill to require the Sec- sponsor of S. 1455, a bill to provide ac- ment, as appropriate, and for other retary of Health and Human Services cess to medication-assisted therapy, purposes. to develop a voluntary patient registry and for other purposes. S. 2216 to collect data on cancer incidence S. 1555 At the request of Ms. COLLINS, the among firefighters. At the request of Ms. HIRONO, the name of the Senator from Minnesota S. 2870 names of the Senator from Maine (Ms. (Ms. KLOBUCHAR) was added as a co- At the request of Mrs. MCCASKILL, COLLINS) and the Senator from Mis- sponsor of S. 2216, a bill to provide im- the names of the Senator from Mon- sissippi (Mr. COCHRAN) were added as munity from suit for certain individ- tana (Mr. TESTER) and the Senator cosponsors of S. 1555, a bill to award a uals who disclose potential examples of from California (Mrs. FEINSTEIN) were Congressional Gold Medal, collectively, financial exploitation of senior citi- added as cosponsors of S. 2870, a bill to to the Filipino veterans of World War zens, and for other purposes. amend title 10, United States Code, to II, in recognition of the dedicated serv- S. 2540 prevent retaliation in the military, and ice of the veterans during World War At the request of Mr. REID, the name for other purposes. II. of the Senator from Maryland (Mr. S. 2873 S. 1642 CARDIN) was added as a cosponsor of S. At the request of Mr. HATCH, the At the request of Mr. BOOZMAN, the 2540, a bill to provide access to counsel name of the Senator from New Mexico name of the Senator from New Mexico for unaccompanied children and other (Mr. UDALL) was added as a cosponsor (Mr. HEINRICH) was added as a cospon- vulnerable populations. of S. 2873, a bill to require studies and sor of S. 1642, a bill to reduce Federal, S. 2736 reports examining the use of, and opportunities to use, technology-enabled State, and local costs of providing At the request of Ms. HEITKAMP, the high-quality drinking water to millions name of the Senator from Wisconsin collaborative learning and capacity building models to improve programs of people in the United States residing (Ms. BALDWIN) was added as a cospon- in rural communities by facilitating sor of S. 2736, a bill to improve access of the Department of Health and greater use of cost-effective alternative to durable medical equipment for Medi- Human Services, and for other pur- systems, including well water systems, care beneficiaries under the Medicare poses. and for other purposes. program, and for other purposes. S. 2889 At the request of Mr. COONS, the S. 1714 S. 2750 name of the Senator from New York At the request of Mr. MANCHIN, the At the request of Mr. THUNE, the (Mrs. GILLIBRAND) was added as a co- name of the Senator from California names of the Senator from Louisiana sponsor of S. 2889, a bill to amend the (Mrs. BOXER) was added as a cosponsor (Mr. VITTER), the Senator from Illinois National Science Foundation Author- of S. 1714, a bill to amend the Surface (Mr. KIRK) and the Senator from Penn- ization Act of 2010 to authorize an In- Mining Control and Reclamation Act of sylvania (Mr. CASEY) were added as co- novation Corps. 1977 to transfer certain funds to the sponsors of S. 2750, a bill to amend the S. 2894 Multiemployer Health Benefit Plan Internal Revenue Code to extend and At the request of Ms. STABENOW, the and the 1974 United Mine Workers of modify certain charitable tax provi- name of the Senator from California America Pension Plan, and for other sions. purposes. (Mrs. BOXER) was added as a cosponsor S. 2770 of S. 2894, a bill to amend the Internal S. 2010 At the request of Mr. ROBERTS, the Revenue Code and the Employee Re- At the request of Mr. BARRASSO, the name of the Senator from New Hamp- tirement Income Security Act of 1974 name of the Senator from Vermont shire (Ms. AYOTTE) was added as a co- to provide for salary reductions for cer- (Mr. LEAHY) was added as a cosponsor sponsor of S. 2770, a bill to amend the tain employees of a pension plan in of S. 2010, a bill to provide for phased- Communications Act of 1934 to require critical or declining status that rein payment of Social Security Dis- providers of a covered service to produces participant benefits, and for ability Insurance payments during the vide call location information con- other purposes. waiting period for individuals with a cerning the telecommunications device S. 2895 terminal illness. of a user of such service to an inves- At the request of Mrs. FEINSTEIN, the S. 2031 tigative or law enforcement officer in name of the Senator from New York an emergency situation involving risk At the request of Mr. BARRASSO, the (Mrs. GILLIBRAND) was added as a co- name of the Senator from Mississippi of death or serious physical injury or sponsor of S. 2895, a bill to extend the (Mr. COCHRAN) was added as a cospon- in order to respond to the user’s call civil statute of limitations for victims sor of S. 2031, a bill to reduce tempo- for emergency services. of Federal sex offenses. S. 2772 rarily the royalty required to be paid S. RES. 340 for sodium produced on Federal lands, At the request of Ms. BALDWIN, the At the request of Mr. CASSIDY, the and for other purposes. name of the Senator from New Jersey names of the Senator from Wisconsin S. 2066 (Mr. MENENDEZ) was added as a cospon- (Ms. BALDWIN), the Senator from Ar- At the request of Mr. SASSE, the sor of S. 2772, a bill to eliminate the re- kansas (Mr. BOOZMAN) and the Senator name of the Senator from South Da- quirement that veterans pay a copay- from North Carolina (Mr. BURR) were kota (Mr. THUNE) was added as a co- ment to the Department of Veterans added as cosponsors of S. Res. 340, a sponsor of S. 2066, a bill to amend title Affairs to receive opioid antagonists or resolution expressing the sense of Con- 18, United States Code, to prohibit a education on the use of opioid antago- gress that the so-called Islamic State health care practitioner from failing to nists. in Iraq and al-Sham (ISIS or Da’esh) is exercise the proper degree of care in S. 2786 committing genocide, crimes against the case of a child who survives an At the request of Mrs. SHAHEEN, the humanity, and war crimes, and calling abortion or attempted abortion. name of the Senator from Vermont upon the President to work with for- S. 2113 (Mr. LEAHY) was added as a cosponsor eign governments and the United Na- At the request of Mr. COONS, the of S. 2786, a bill to amend title XVIII of tions to provide physical protection for name of the Senator from Rhode Island the Social Security Act to provide for ISIS’ targets, to support the creation (Mr. WHITEHOUSE) was added as a co- payments for certain rural health clin- of an international criminal tribunal sponsor of S. 2113, a bill to harness the ic and Federally qualified health cen- with jurisdiction to punish these expertise, ingenuity, and creativity of ter services furnished to hospice pa- crimes, and to use every reasonable all people to contribute to innovation tients under the Medicare program. means, including sanctions, to destroy in the United States and to help solve S. 2799 ISIS and disrupt its support networks. problems or scientific questions by en- At the request of Mr. MENENDEZ, the S. RES. 373 couraging and increasing the use of name of the Senator from Connecticut At the request of Ms. HIRONO, the crowdsourcing and citizen science (Mr. MURPHY) was added as a cosponsor name of the Senator from Maryland

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.010 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3173 (Mr. CARDIN) was added as a cosponsor AMENDMENT NO. 4098 to the Committee on Foreign Rela- of S. Res. 373, a resolution recognizing At the request of Mr. MORAN, the tions. the historical significance of Executive name of the Senator from North Caro- Mr. CORNYN. Mr. President, I ask Order 9066 and expressing the sense of lina (Mr. TILLIS) was added as a co- unanimous consent that the text of the the Senate that policies that discrimi- sponsor of amendment No. 4098 in- bill be printed in the RECORD. nate against any individual based on tended to be proposed to S. 2943, an There being no objection, the text of the actual or perceived race, ethnicity, original bill to authorize appropria- the bill was ordered to be printed in national origin, or religion of that indi- tions for fiscal year 2017 for military the RECORD, as follows: vidual would be a repetition of the mis- activities of the Department of De- S. 2984 takes of Executive Order 9066 and con- fense, for military construction, and Be it enacted by the Senate and House of Rep- trary to the values of the United for defense activities of the Depart- resentatives of the United States of America in Congress assembled, States. ment of Energy, to prescribe military SECTION 1. SHORT TITLE. S. RES. 466 personnel strengths for such fiscal This Act may be cited as the ‘‘No Impunity At the request of Mr. GRASSLEY, the year, and for other purposes. for Iranian Aggression at Sea Act of 2016’’. name of the Senator from Wisconsin AMENDMENT NO. 4100 SEC. 2. IMPOSITION OF SANCTIONS ON INDIVID- (Ms. BALDWIN) was added as a cospon- At the request of Mrs. ERNST, the UALS WHO WERE COMPLICIT IN VIO- sor of S. Res. 466, a resolution recog- LATIONS OF THE GENEVA CONVEN- name of the Senator from North Caro- TION OR THE RIGHT UNDER INTER- nizing National Foster Care Month as lina (Mr. TILLIS) was added as a co- NATIONAL LAW TO CONDUCT INNO- an opportunity to raise awareness sponsor of amendment No. 4100 in- CENT PASSAGE. about the challenges of children in the tended to be proposed to S. 2943, an (a) REPORT REQUIRED.— foster-care system, and encouraging original bill to authorize appropria- (1) IN GENERAL.—Not later than 60 days Congress to implement policy to im- after the date of the enactment of this Act, tions for fiscal year 2017 for military the President shall submit to the appro- prove the lives of children in the fos- activities of the Department of De- ter-care system. priate congressional committees a report fense, for military construction, and that includes— S. RES. 467 for defense activities of the Depart- (A) a determination with respect to wheth- At the request of Mr. WICKER, the ment of Energy, to prescribe military er, during or after the incident that began on name of the Senator from Oregon (Mr. personnel strengths for such fiscal January 12, 2016, in which forces of Iran WYDEN) was added as a cosponsor of S. year, and for other purposes. boarded two United States Navy riverine Res. 467, a resolution supporting the combat vessels and detained at gunpoint the AMENDMENT NO. 4112 goals and ideals of National Nurses crews of those vessels, any of the actions of At the request of Mrs. GILLIBRAND, Week, to be observed from May 6 the forces of Iran constituted a violation of— the name of the Senator from Illinois (i) the Geneva Convention; or through May 12, 2016. (Mr. KIRK) was added as a cosponsor of (ii) the right under international law to AMENDMENT NO. 4067 amendment No. 4112 intended to be pro- conduct innocent passage; and At the request of Mr. WARNER, the posed to S. 2943, an original bill to au- (B) a certification with respect to whether names of the Senator from Florida (Mr. thorize appropriations for fiscal year or not Federal funds, including the NELSON), the Senator from Michigan $1,700,000,000 payment that was announced by 2017 for military activities of the De- (Ms. STABENOW) and the Senator from the Secretary of State on January 17, 2016, partment of Defense, for military con- Colorado (Mr. GARDNER) were added as were paid to Iran, directly or indirectly, to cosponsors of amendment No. 4067 instruction, and for defense activities of effect the release of— tended to be proposed to S. 2943, an the Department of Energy, to prescribe (i) the members of the United States Navy who were detained in the incident described original bill to authorize appropria- military personnel strengths for such fiscal year, and for other purposes. in subparagraph (A); or tions for fiscal year 2017 for military (ii) other United States citizens, including AMENDMENT NO. 4118 activities of the Department of De- Jason Rezaian, Amir Hekmati, Saeed fense, for military construction, and At the request of Mr. PERDUE, the Abedini, Nosratollah Khosravi-Roodsari, and for defense activities of the Depart- name of the Senator from Arkansas Matthew Trevithick, the release of whom ment of Energy, to prescribe military (Mr. COTTON) was added as a cosponsor was announced on January 16, 2016. personnel strengths for such fiscal of amendment No. 4118 intended to be (2) ACTIONS TO BE ASSESSED.—In assessing year, and for other purposes. proposed to S. 2943, an original bill to actions of the forces of Iran under paragraph (1)(A), the President shall consider, at a min- AMENDMENT NO. 4068 authorize appropriations for fiscal year 2017 for military activities of the De- imum, the following actions: At the request of Mr. MORAN, the (A) The stopping, boarding, search, and sei- names of the Senator from New Hamp- partment of Defense, for military con- zure of the two United States Navy riverine shire (Ms. AYOTTE) and the Senator struction, and for defense activities of combat vessels in the incident described in from Illinois (Mr. KIRK) were added as the Department of Energy, to prescribe paragraph (1)(A). cosponsors of amendment No. 4068 in- military personnel strengths for such (B) The removal from their vessels and de- tended to be proposed to S. 2943, an fiscal year, and for other purposes. tention of members of the United States original bill to authorize appropria- AMENDMENT NO. 4120 Armed Forces in that incident. (C) The theft or confiscation of electronic tions for fiscal year 2017 for military At the request of Mr. GRASSLEY, the navigational equipment or any other equip- activities of the Department of De- name of the Senator from Kansas (Mr. ment from the vessels. fense, for military construction, and MORAN) was added as a cosponsor of (D) The forcing of one or more members of for defense activities of the Depart- amendment No. 4120 intended to be pro- the United States Armed Forces to apologize ment of Energy, to prescribe military posed to S. 2943, an original bill to au- for their actions. personnel strengths for such fiscal thorize appropriations for fiscal year (E) The display, videotaping, or year, and for other purposes. 2017 for military activities of the De- photographing of members of the United AMENDMENT NO. 4085 partment of Defense, for military con- States Armed Forces and the subsequent broadcasting or other use of those photo- At the request of Mr. LANKFORD, the struction, and for defense activities of graphs or videos. names of the Senator from Kansas (Mr. the Department of Energy, to prescribe (F) The forcing of female members of the ROBERTS) and the Senator from Mis- military personnel strengths for such United States Armed Forces to wear head souri (Mr. BLUNT) were added as co- fiscal year, and for other purposes. coverings. sponsors of amendment No. 4085 in- f (3) DESCRIPTION OF ACTIONS.—In the case of tended to be proposed to S. 2943, an each action that the President determines original bill to authorize appropria- STATEMENTS ON INTRODUCED under paragraph (1)(A) is a violation of the tions for fiscal year 2017 for military BILLS AND JOINT RESOLUTIONS Geneva Convention or the right under inter- activities of the Department of De- By Mr. CORNYN: national law to conduct innocent passage, fense, for military construction, and S. 2984. A bill to impose sanctions in the President shall include in the report required by that paragraph a description of the for defense activities of the Depart- relation to violations by Iran of the action and an explanation of how the action ment of Energy, to prescribe military Geneva Convention (III) or the right violated the Geneva Convention or the right personnel strengths for such fiscal under international law to conduct in- to conduct innocent passage, as the case may year, and for other purposes. nocent passage, and for other purposes; be.

VerDate Sep 11 2014 04:22 May 26, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.012 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3174 CONGRESSIONAL RECORD — SENATE May 25, 2016 (4) FORM OF REPORT.—The report required gration laws’’ have the meanings given those security and foreign policy interests of by paragraph (1) shall be submitted in un- terms in section 101 of the Immigration and the United States and those countries classified form, but may include a classified Nationality Act (8 U.S.C. 1101). with which the United States shares annex. (2) APPROPRIATE CONGRESSIONAL COMMIT- common strategic and foreign policy (b) LIST OF CERTAIN PERSONS WHO HAVE TEES.—The term ‘‘appropriate congressional BEEN COMPLICIT IN VIOLATIONS OF THE GENE- committees’’ means— objectives. ISA addresses this issue by VA CONVENTION OR THE RIGHT TO CONDUCT IN- (A) the Committee on Armed Services, the denying Iran money to finance inter- NOCENT PASSAGE.— Committee on Foreign Relations, and the Se- national terrorism. (1) IN GENERAL.—Not later than 30 days lect Committee on Intelligence of the Sen- By specifying in the bill that the ex- after the submission of the report required ate; and tension of ISA ‘‘effectuates the by subsection (a), if the President has deter- (B) the Committee on Armed Services, the JCPOA,’’ the intent is to support Con- mined that one or more actions of the forces Committee on Foreign Affairs, and the Per- of Iran constituted a violation of the Geneva gressional actions in line with the deal manent Select Committee on Intelligence of negotiated by the P5+1 and Iran, par- Convention or the right under international the House of Representatives. ticularly following Congress’s com- law to conduct innocent passage, the Presi- (3) FORCES OF IRAN.—The term ‘‘forces of dent shall submit to the appropriate congres- Iran’’ means the Islamic Revolutionary prehensive review of the deal and deci- sional committees a list of persons who are Guard Corps, members of other military or sion to move forward under the Iran officials of the Government of Iran or were paramilitary units of the Government of Nuclear Review Agreement Act of 2015. acting on behalf of that Government that, Iran, and other agents of that Government. I am proud to introduce this bill with based on credible evidence, are responsible (4) GENEVA CONVENTION.—The term ‘‘Gene- Senator MURPHY to make sure that for or complicit in, or responsible for order- va Convention’’ means the Convention rel- ing, controlling, or otherwise directing, any ISA is in place during the JCPOA to ative to the Treatment of Prisoners of War, signal to the commitment of Congress such violation. done at Geneva on August 12, 1949 (6 UST (2) UPDATES OF LIST.—The President shall 3316) (commonly referred to as the ‘‘Geneva to vigorously enforce Iran’s compliance submit to the appropriate congressional Convention (III))’’. and to make clear that should Iran committees an updated list under paragraph (5) INNOCENT PASSAGE.—The term ‘‘inno- break the terms of the agreement, (1) as new information becomes available. cent passage’’ means the principle under cus- there will be clear consequences, in- (3) PUBLIC AVAILABILITY.—To the maximum tomary international law that all vessels cluding the re-imposition of sanctions. extent practicable, the list required by para- have the right to conduct innocent passage graph (1) shall be made available to the pub- through another country’s territorial waters lic and posted on publicly accessible Internet By Ms. COLLINS (for herself and for the purpose of continuous and expedi- websites of the Department of Defense and Mr. KING): tious traversing. the Department of State. S. 2990. A bill to prohibit the Presi- (6) UNITED STATES PERSON.—The term (c) IMPOSITION OF SANCTIONS.— dent from preventing foreign air car- ‘‘United States person’’ means— (1) IN GENERAL.—The President shall im- riers traveling to or from Cuba from pose the sanctions described in paragraph (2) (A) a United States citizen or an alien lawfully admitted for permanent residence to making transit stops in the United with respect to each person on the list re- States for refueling and other technical quired by subsection (b). the United States; or services based on the Cuban Assets (2) SANCTIONS.— (B) an entity organized under the laws of (A) PROHIBITION ON ENTRY AND ADMISSION the United States or of any jurisdiction Control Regulations; to the Committee TO THE UNITED STATES.—An alien on the list within the United States, including a foreign on Banking, Housing, and Urban Af- required by subsection (b) may not— branch of such an entity. fairs. (i) be admitted to, enter, or transit Ms. COLLINS. Mr President, I rise to By Mr. KAINE (for himself and through the United States; introduce bipartisan legislation with Mr. MURPHY): (ii) receive any lawful immigration status my colleague from Maine, Senator in the United States under the immigration S. 2988. A bill to extend the sunset of the Iran Sanctions Act of 1996 in order KING, to permit foreign air carriers laws; or traveling to or from Cuba to make non- (iii) file any application or petition to ob- to effectuate the Joint Comprehensive tain such admission, entry, or status. Plan of Action in guaranteeing that all traffic, transit stops in the United (B) BLOCKING OF PROPERTY.— nuclear material in Iran remains in States. Enactment of this legislation (i) IN GENERAL.—The President shall, pur- peaceful activities; to the Committee will create new opportunities for U.S. suant to the International Emergency Eco- on Banking, Housing, and Urban Af- workers and airports. nomic Powers Act (50 U.S.C. 1701 et seq.), fairs. For decades U.S. airports, including block and prohibit all transactions in all Bangor International Airport in Maine, property and interests in property of a per- Mr. KAINE. Mr. President, I am pleased to introduce with my colleague have lost out on additional revenue be- son on the list required by subsection (b) if cause the current travel ban on Cuba such property and interests in property are Senator MURPHY, a bill that extends in the United States, come within the United the sunset of the Iran Sanctions Act, prevents them from providing transit States, or are or come within the possession ISA, of 1996 until the President cer- stop services to flights departing from or control of a United States person. tifies to Congress that the Director or en route to Cuba. (ii) EXCEPTION RELATING TO IMPORTATION OF General of the International Atomic During these transit stops, pas- GOODS.— Energy Agency has reached a broader sengers do not disembark the plane and (I) IN GENERAL.—The authority to block conclusion that all nuclear material in no new passengers board the aircraft. and prohibit all transactions in all property Iran remains in peaceful activities. Yet, these stops are valuable for air- and interests in property under clause (i) ports and their employees who can shall not include the authority to impose Currently, ISA expires on December sanctions on the importation of goods. 31st, 2016. Tying ISA’s extension to offer fuel, de-icing, catering, and crew (II) GOOD.—In this subparagraph, the term Iran’s compliance with the Joint Com- services. Under the current travel ban, ‘‘good’’ has the meaning given that term in prehensive Plan of Action, JCPOA, will however, foreign air carriers are forced section 16 of the Export Administration Act provide the administration additional to make transit stops in Canada rather of 1979 (50 U.S.C. 4618) (as continued in effect leverage to ensure that a ‘‘snap back’’ than the United States, and any poten- pursuant to the International Emergency of sanctions would have significant ef- tial profit for U.S. airports flies right Economic Powers Act (50 U.S.C. 1701 et fect on Iran’s economy. Since its enact- across the border along with the seq.)). ment in 1996, ISA has been a pivotal planes. (iii) PENALTIES.—A person that violates, The current disparity means that air- attempts to violate, conspires to violate, or component of U.S. sanctions against causes a violation of clause (i) or any regula- Iran’s energy sector and other indus- ports like Bangor not only lose revenue tion, license, or order issued to carry out tries and remains a critical foundation related to flights to or from Cuba, but clause (i) shall be subject to the penalties set of our overall sanctions architecture. also from transit stops for European forth in subsections (b) and (c) of section 206 Administration officials have indi- flights to and from many other des- of the International Emergency Economic cated that extending ISA, with its cur- tinations in North America, Central Powers Act (50 U.S.C. 1705) to the same ex- rent waiver authorities, would not vio- America, and the Caribbean. That is tent as a person that commits an unlawful late the JCPOA, as it imposes no new because if foreign airlines cannot use act described in subsection (a) of that sec- sanctions. Additionally, ISA is about Bangor for all of their flights, it is sim- tion. (d) DEFINITIONS.—In this section: more than Iran’s nuclear program, but ply easier and more efficient for them (1) ADMITTED; ALIEN; IMMIGRATION LAWS.— also its support for international ter- to refuel at one airport that can meet The terms ‘‘admitted’’, ‘‘alien’’, and ‘‘immi- rorism, which endangers the national all of their needs.

VerDate Sep 11 2014 05:53 May 26, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.014 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3175 The purpose of economic sanctions concur with a further amendment, or concur established the iconic tradition of drinking was to limit hard currency to Cuba— in the House amendment with a further milk in the winner’s circle; not to harm American workers and cit- amendment, as the case may be, which fur- Whereas Tony Hulman purchased the Indi- ther amendment shall consist of only that ies. Allowing U.S. airports to provide anapolis Motor Speedway in 1945, restoring portion of the conference report or House the track and restarting the Indianapolis 500 these services could support additional amendment, as the case may be, not so Mile Race after its cancellation during jobs for families in Maine and other stricken. Any such motion in the Senate World War II; areas throughout the country. shall be decided under the same debate limi- Whereas the Indianapolis 500 Mile Race is Allowing such transit stops would tation, if any, as the conference report or the largest single day sporting event in the also be consistent with existing inter- amendment between the Houses. In any case world, with more than 300,000 fans packing national air transportation agree- in which such point of order is sustained the grandstands and the expansive infield of against a conference report (or Senate the Indianapolis Motor Speedway on race ments. For example, in 2007 the U.S. amendment derived from such conference re- and the EU signed an Air Transport day; port by operation of this subsection), no fur- Whereas the Indianapolis 500 Mile Race has Agreement that granted airlines of one ther amendment shall be in order. played an integral part in the culture and (d) WAIVER AND APPEAL.— party the right to make stops in the heritage of the City of Indianapolis, the (1) IN GENERAL.—Subsection (a) may be territory of the other party for non- State of Indiana, and motorsports and the waived or suspended in the Senate only by traffic, transit purposes. automotive industry in the United States; an affirmative vote of three-fifths of the Whereas the Indianapolis Motor Speedway Likewise, the Chicago Convention, to Members, duly chosen and sworn. An affirm- has been a showcase of speed, human which there are 191 parties, recognizes ative vote of three-fifths of the Members of achievement, and the continuous pursuit of the right to refuel or carry out mainte- the Senate, duly chosen and sworn, shall be glory, and is a source of great pride for all nance in a foreign country, including required to sustain an appeal of the ruling of citizens of Indiana; the United States. The United States the Chair on a point of order raised under subsection (a). Whereas Tony Kanaan set the record for should fulfill its obligations and permit the fastest Indianapolis 500 Mile Race, fin- such transit stops at U.S. airports, no (2) DEBATE.—A motion to waive or suspend subsection (a) or to appeal the ruling of the ishing it in slightly longer than 2 hours and matter the destination. Chair under subsection (a) shall be decided 40 minutes at an average speed of 187.4 miles Our bill would provide American air- under the same debate limitation, if any, as per hour; ports and workers the opportunity to the bill, joint resolution, motion, amend- Whereas, in 2016, the Indianapolis Motor compete with Canadian airports and ment, amendment between the Houses, or Speedway and racing fans around the world would bring the United States into conference report containing the applicable prepare to celebrate the greatest spectacle in provision. racing for the 100th time: Now, therefore, be compliance with international air trav- it el agreements. (e) IDENTIFICATION BY COMMITTEE.— (1) STATEMENT FOR THE RECORD.—If a com- Resolved, That the Senate recognizes the I strongly urge my colleagues to sup- mittee reports a bill or joint resolution con- 100th running of the Indianapolis 500 Mile port this commonsense, bipartisan bill. taining an appropriation described in para- Race. f graph (1) or (2) of subsection (a), the Chair- f man of the committee shall submit for print- SUBMITTED RESOLUTIONS ing in the Congressional Record a statement SENATE RESOLUTION 476—DESIG- identifying each such appropriation through NATING THE MONTH OF MAY 2016 lists, charts, or other similar means. AS ‘‘CYSTIC FIBROSIS AWARE- SENATE RESOLUTION 474—PROHIB- (2) PUBLICATION.—As soon as practicable NESS MONTH’’ ITING CONSIDERATION OF AP- after submitting a statement under para- Mr. MARKEY (for himself and Mr. PROPRIATIONS THAT ARE NOT graph (1), the Chairman of a committee shall GRASSLEY) submitted the following res- AUTHORIZED make available on a publicly accessible congressional website the information described olution; which was considered and Mr. FLAKE (for himself, Mr. SES- in paragraph (1). To the extent technically agreed to: SIONS, Mr. LEE, Mr. RUBIO, and Mr. feasible, information made available on a S. RES. 476 CRUZ) submitted the following resolu- publicly accessible congressional website Whereas cystic fibrosis (in this preamble tion; which was referred to the Com- under this subsection shall be provided in a referred to as ‘‘CF’’) is a genetic disease af- mittee on Rules and Administration: searchable format. fecting more than 30,000 children and adults S. RES. 474 f in the United States and more than 70,000 children and adults worldwide; Resolved, SENATE RESOLUTION 475—RECOG- Whereas, in patients with CF, a defective SECTION 1. SHORT TITLE. NIZING THE 100TH RUNNING OF gene causes the body to produce an abnor- This resolution may be cited as the THE INDIANAPOLIS 500 MILE mally thick, sticky mucus that clogs the ‘‘Steermark Accountability Resolution’’. RACE lungs, produces life-threatening lung infec- SEC. 2. UNAUTHORIZED APPROPRIATIONS. Mr. COATS (for himself and Mr. DON- tions, and obstructs the pancreas, preventing (a) POINT OF ORDER.—It shall not be in digestive enzymes from reaching the intes- NELLY) submitted the following resolu- order in the Senate to consider any bill, tines to help break down and absorb food; joint resolution, motion, amendment, tion; which was considered and agreed Whereas there are approximately 1,000 new amendment between the Houses, or con- to: cases of CF diagnosed each year; ference report containing a provision mak- S. RES 475 Whereas infant blood screening to detect ing an appropriation— Whereas founders of the Indianapolis genetic defects is the most reliable and least (1) that is not made to carry out the provi- Motor Speedway Carl G. Fisher, Arthur C. costly method to identify individuals likely sions of some existing law, or treaty stipula- Newby, Frank H. Wheeler, and James A. Al- to have 1 of 1,800 different CF mutations; tion, or act or resolution previously passed lison pooled their resources in 1909 to build Whereas early diagnosis of CF permits by the Senate during that session; or the Indianapolis Motor Speedway 6 miles early treatment and enhances quality of life, (2) that is made to carry out a program, from downtown Indianapolis as a testing longevity, and the treatment of CF; project, or activity for which an authoriza- ground to support the growing automotive Whereas CF impacts the families of pation of appropriations is not in effect. industry of Indiana, paving the way for tients because of the intense daily disease (b) FORM OF THE POINT OF ORDER.—In the motorsport innovation; management protocols that patients must Senate, a point of order under subsection (a) Whereas, in 1909, the track of the Indianap- endure; may be raised by a Senator as provided in olis Motor Speedway was surfaced with Whereas, in the United States, there are section 313(e) of the Congressional Budget 3,200,000 paving bricks at a cost of $400,000; more than 120 CF care centers and 55 affil- Act of 1974 (2 U.S.C. 644(e)). Whereas, on May 30, 1911, the first Indian- iate programs with highly trained and dedi- (c) CONFERENCE REPORTS.—When the Sen- apolis 500 Mile Race took place and was won cated providers that specialize in delivering ate is considering a conference report on, or by Ray Harroun in 6 hours and 42 minutes at high-quality, coordinated care for CF pa- an amendment between the Houses in rela- an average speed of 74.6 miles per hour; tients and their families; tion to, a joint resolution, upon a point of Whereas, as of 2016, the Indianapolis 500 Whereas the number of adults with CF has order being made by any Senator pursuant Mile Race has occurred on every Memorial steadily grown and the median age of sur- to subsection (a), and such point of order Day weekend since 1911, except during the vival for a person with CF is now nearly 40 being sustained, such material contained in involvement of the United States in World years of age; and such conference report or House amendment Wars I and II from 1917 through 1918 and 1942 Whereas innovative precision medicines shall be stricken, and the Senate shall pro- through 1945, respectively; and treatments have greatly improved and ceed to consider the question of whether the Whereas, in 1936, Louis Meyer, after his extended the lives of patients: Now, there- Senate shall recede from its amendment and third win of the Indianapolis 500 Mile Race, fore, be it

VerDate Sep 11 2014 02:50 May 26, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.019 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3176 CONGRESSIONAL RECORD — SENATE May 25, 2016 Resolved, That the Senate— Whereas, in 2013, Hispanics were 1.4 times Whereas, despite the substantial improve- (1) designates the month of May 2016 as more likely than non-Hispanic Whites to die ments in health insurance coverage among ‘‘Cystic Fibrosis Awareness Month’’; of diabetes; women overall, women of color are more (2) congratulates the community of indi- Whereas Latino men are 3 times more like- likely to be uninsured; viduals who care for patients with cystic fi- ly to have either HIV infections or AIDS Whereas, in 2013, 15.9 percent of African brosis for their unrelenting dedication to than non-Hispanic White men; Americans were uninsured, as compared to those patients; Whereas Latina women are 4 times more 9.8 percent of non-Hispanic Whites; (3) recognizes that the care delivery sys- likely to have AIDS than non-Hispanic Whereas African American women are tem for cystic fibrosis can be a model for White women; more likely to be uninsured or underinsured, building better care coordination in the larg- Whereas, in 2014, although African Ameri- at a rate of 19 percent; er healthcare system; cans represented only 13 percent of the popu- Whereas 1⁄4 of Latinas live in poverty and (4) acknowledges the tremendous invest- lation of the United States, they accounted Latinas have the greatest percentage of un- ments and scientific achievements that have for 43 percent of HIV infections in that year; insured women in any racial group at a rate significantly improved the lives of individ- Whereas, in 2010, African American youth of 31 percent; and uals with cystic fibrosis; and accounted for an estimated 57 percent of all Whereas community-based health care ini- (5) urges researchers, developers, patients, new HIV infections among youth in the tiatives, such as prevention-focused pro- and providers to work together closely to United States, followed by 20 percent of grams, present a unique opportunity to use find a cure for this deadly disease. Latino youth; innovative approaches to improve health Whereas Asian American women are 18.2 practices across the United States and to f percent more likely to be diagnosed with sharply reduce disparities among racial and HIV than non-Hispanic White women; ethnic minority populations: Now, therefore, SENATE RESOLUTION 477—PRO- Whereas Native Hawaiians living in Hawaii be it MOTING MINORITY HEALTH are 5.7 times more likely to die of diabetes Resolved, That the Senate supports the AWARENESS AND SUPPORTING than non-Hispanic Whites living in Hawaii; goals and ideals of National Minority Health THE GOALS AND IDEALS OF NA- Whereas, although the prevalence of obe- Month, which include bringing attention to TIONAL MINORITY HEALTH sity is high among all population groups in the severe health disparities faced by minor- MONTH IN APRIL 2016, WHICH IN- the United States, 48 percent of African ity populations in the United States, such as Americans, 31.8 percent of Hispanics, and 11 American Indians, Alaskan Natives, Asian CLUDE BRINGING ATTENTION TO Americans, African Americans, Latino THE HEALTH DISPARITIES percent of Asian Americans are obese; Whereas, in 2012, Asian Americans were 1.6 Americans, and Native Hawaiians or other FACED BY MINORITY POPU- times more likely than non-Hispanic Whites Pacific Islanders. LATIONS OF THE UNITED to contract Hepatitis A; f STATES SUCH AS AMERICAN IN- Whereas among all ethnic groups in 2012, DIANS, ALASKAN NATIVES, Asian Americans and Pacific Islanders had SENATE RESOLUTION 478—EX- ASIAN AMERICANS, AFRICAN the highest incidence of Hepatitis A; PRESSING SUPPORT FOR THE AMERICANS, LATINO AMERI- Whereas Asian American women are 1.5 DESIGNATION OF JUNE 2, 2016, CANS, AND NATIVE HAWAIIANS times more likely than non-Hispanic Whites AS ‘‘NATIONAL GUN VIOLENCE OR OTHER PACIFIC ISLANDERS to die from viral hepatitis; AWARENESS DAY’’ AND JUNE Whereas Asian Americans are 5.5 times 2016 AS ‘‘NATIONAL GUN VIO- Mr. CARDIN (for himself, Ms. more likely than non-Hispanic Whites to de- LENCE AWARENESS MONTH’’ HIRONO, Mr. BLUMENTHAL, Mr. BROWN, velop chronic Hepatitis B; Mr. MENENDEZ, and Mr. SCHATZ) sub- Whereas, in 2013, 80 percent of children Mr. DURBIN (for himself, Mrs. GILLI- mitted the following resolution; which born infected with HIV belonged to minority BRAND, Mr. MARKEY, Ms. HIRONO, Mr. was considered and agreed to: groups; FRANKEN, Mr. COONS, Mr. KAINE, Mr. Whereas the Department of Health and BLUMENTHAL, Mrs. BOXER, Mr. CASEY, S. RES. 477 Human Services has identified heart disease, Mr. WHITEHOUSE, Mrs. MURRAY, Mr. Whereas the origin of the National Minor- stroke, cancer, and diabetes as some of the ity Health Month is National Negro Health leading causes of death among American In- MURPHY, Mr. BOOKER, Mr. REED, and Week, established in 1915 by Dr. Booker T. dians and Alaskan Natives; Ms. WARREN) submitted the following Washington; Whereas American Indians and Alaskan resolution; which was referred to the Whereas the theme for National Minority Natives die from diabetes, alcoholism, unin- Committee on the Judiciary: Health Month in 2016 is ‘‘Accelerating Health tentional injuries, homicide, and suicide at S. RES. 478 Equity for the Nation’’; higher rates than other people in the United Whereas, each year, more than— Whereas, through the ‘‘National Stake- States; (1) 32,000 people in the United States are holder Strategy for Achieving Health Eq- Whereas American Indians and Alaskan killed and 80,000 are injured by gunfire; uity’’ and the ‘‘HHS Action Plan to Reduce Natives have a life expectancy that is 4.4 (2) 11,000 people in the United States are Racial and Ethnic Health Disparities’’, the years shorter than the life expectancy of the killed in homicides involving firearms; Department of Health and Human Services overall population of the United States; (3) 21,000 people in the United States com- has set goals and strategies to advance the Whereas African American babies are al- mit suicide by using firearms; and safety, health, and well-being of the people most twice as likely as non-Hispanic White (4) 500 people in the United States are of the United States; or Latino babies to be born at low birth killed in accidental shootings; Whereas a study by the Joint Center for weight; Political and Economic Studies, entitled Whereas American Indian and Alaskan Na- Whereas, since 1968, more people of the ‘‘The Economic Burden of Health Inequal- tive babies are twice as likely as non-His- United States have died from guns in the ities in the United States’’, concludes that, panic White babies to die from sudden infant United States than on the battlefields of all between 2003 and 2006, the combined cost of death syndrome; the wars in the history of the United States; ‘‘health inequalities and premature death in Whereas American Indian and Alaskan Na- Whereas, by 1 count in 2015 in the United the United States’’ was $1,240,000,000,000; tives have 1.5 times the infant mortality rate States, there were— Whereas the Department of Health and as that of non-Hispanic Whites; (1) 372 mass shooting incidents in which Human Services has identified 6 main cat- Whereas American Indian and Alaskan Na- not fewer than 4 people were killed or egories in which racial and ethnic minorities tive babies are 50 percent more likely to die wounded by gunfire; and experience the most disparate access to before their first birthday than babies of (2) 64 incidents in which a gun was fired in health care and health outcomes, including non-Hispanic Whites; a school; infant mortality, cancer screening and man- Whereas marked differences in the social Whereas gun violence typically escalates agement, cardiovascular disease, diabetes, determinants of health, described by the during the summer months; HIV/AIDS, and immunizations; World Health Organization as ‘‘the high bur- Whereas, every 70 minutes, 1 person in the Whereas, in 2012, African American women den of illness responsible for appalling pre- United States under 25 years of age dies be- were 10 percent less likely to have been diag- mature loss of life [that] arises in large part cause of gun violence, and more than 6,300 nosed with, yet were almost 42 percent more because of the conditions in which people are such individuals die annually, including likely to die from, breast cancer than non- born, grow, live, work, and age’’, lead to poor Hadiya Pendleton, who, in 2013, was killed at Hispanic White women; health outcomes and declines in longevity; 15 years of age while standing in a Chicago Whereas African American women are Whereas the Patient Protection and Af- park; and twice as likely to lose their lives to cervical fordable Care Act (Public Law 111–148; 124 Whereas, on June 2, 2016, on what would cancer as non-Hispanic White women; Stat. 119) provides specific protections and have been Hadiya Pendleton’s 19th birthday, Whereas African Americans are 50 percent rights for American Indians and Alaskan Na- people across the United States will recog- more likely to die from a stroke than non- tives, 23 percent of whom lack health insur- nize National Gun Violence Awareness Day Hispanic Whites; ance; and wear orange in tribute to Hadiya and

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other victims of gun violence and their loved SA 4153. Mr. KIRK (for himself, Mr. DUR- posed by him to the bill S. 2943, supra; which ones: Now, therefore, be it BIN, Mr. GRASSLEY, and Mrs. ERNST) sub- was ordered to lie on the table. Resolved, That the Senate— mitted an amendment intended to be pro- SA 4173. Mr. REID submitted an amend- (1) supports— posed by him to the bill S. 2943, supra; which ment intended to be proposed by him to the (A) the designation of June 2016 as ‘‘Na- was ordered to lie on the table. bill S. 2943, supra; which was ordered to lie tional Gun Violence Awareness Month’’ and SA 4154. Mr. BOOZMAN submitted an on the table. the goals and ideals of that month; and amendment intended to be proposed by him SA 4174. Mr. REID submitted an amend- (B) the designation of June 2, 2016, as ‘‘Na- to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the tional Gun Violence Awareness Day’’ in re- to lie on the table. bill S. 2943, supra; which was ordered to lie membrance of the victims of gun violence; SA 4155. Mr. BOOZMAN submitted an on the table. and amendment intended to be proposed by him SA 4175. Mr. REID submitted an amend- (2) calls on the people of the United States to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the to— to lie on the table. bill S. 2943, supra; which was ordered to lie (A) promote greater awareness of gun vio- SA 4156. Mr. BOOZMAN submitted an on the table. lence and gun safety; amendment intended to be proposed by him SA 4176. Mr. REID submitted an amend- (B) wear orange, the color that hunters to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the wear to show that they are not targets, on to lie on the table. bill S. 2943, supra; which was ordered to lie June 2; SA 4157. Mr. BOOZMAN submitted an on the table. (C) concentrate heightened attention on amendment intended to be proposed by him SA 4177. Mr. SCHUMER submitted an gun violence during the summer months, to the bill S. 2943, supra; which was ordered amendment intended to be proposed by him when gun violence typically increases; and to lie on the table. to the bill S. 2943, supra; which was ordered (D) bring citizens and community leaders SA 4158. Mr. BOOZMAN submitted an to lie on the table. together to discuss ways to make commu- amendment intended to be proposed by him SA 4178. Mr. SCHUMER submitted an nities safer. to the bill S. 2943, supra; which was ordered amendment intended to be proposed by him to lie on the table. to the bill S. 2943, supra; which was ordered f SA 4159. Mr. RUBIO submitted an amend- to lie on the table. AMENDMENTS SUBMITTED AND ment intended to be proposed by him to the SA 4179. Ms. CANTWELL (for herself, Mr. PROPOSED bill S. 2943, supra; which was ordered to lie VITTER, and Mrs. SHAHEEN) submitted an on the table. amendment intended to be proposed by her SA 4142. Mr. NELSON (for himself, Mrs. SA 4160. Mr. RUBIO (for himself, Mr. to the bill S. 2943, supra; which was ordered FISCHER, Mr. BOOKER, Mr. THUNE, Mr. SUL- INHOFE, and Mr. GARDNER) submitted an to lie on the table. LIVAN, Ms. CANTWELL, Mr. WICKER, Ms. amendment intended to be proposed by him SA 4180. Mr. BLUMENTHAL (for himself, AYOTTE, and Mr. SCHATZ) submitted an to the bill S. 2943, supra; which was ordered Mr. LEAHY, and Mr. FRANKEN) submitted an amendment intended to be proposed by him to lie on the table. amendment intended to be proposed by him to the bill S. 2943, to authorize appropria- SA 4161. Mr. RUBIO (for himself and Mr. to the bill S. 2943, supra; which was ordered tions for fiscal year 2017 for military activi- CRUZ) submitted an amendment intended to to lie on the table. ties of the Department of Defense, for mili- be proposed by him to the bill S. 2943, supra; SA 4181. Mr. FLAKE submitted an amend- tary construction, and for defense activities which was ordered to lie on the table. ment intended to be proposed by him to the of the Department of Energy, to prescribe SA 4162. Mr. RUBIO submitted an amend- bill S. 2943, supra; which was ordered to lie military personnel strengths for such fiscal ment intended to be proposed by him to the on the table. year, and for other purposes; which was or- bill S. 2943, supra; which was ordered to lie SA 4182. Mr. FLAKE submitted an amend- dered to lie on the table. on the table. ment intended to be proposed by him to the SA 4143. Mr. MORAN submitted an amend- SA 4163. Mr. RUBIO (for himself, Mr. bill S. 2943, supra; which was ordered to lie ment intended to be proposed by him to the INHOFE, and Mr. GARDNER) submitted an on the table. bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by him SA 4183. Mr. FLAKE submitted an amend- on the table. to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the SA 4144. Mr. MORAN submitted an amend- to lie on the table. bill S. 2943, supra; which was ordered to lie ment intended to be proposed by him to the SA 4164. Mr. RUBIO (for himself, Mr. on the table. bill S. 2943, supra; which was ordered to lie COONS, and Mr. KIRK) submitted an amend- SA 4184. Mr. FLAKE submitted an amend- on the table. SA 4145. Mr. CASSIDY submitted an ment intended to be proposed by him to the ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 2943, supra; which was ordered to lie bill S. 2943, supra; which was ordered to lie to the bill S. 2943, supra; which was ordered on the table. on the table. SA 4165. Mr. RUBIO (for himself, Mr. KIRK, SA 4185. Mr. FLAKE submitted an amend- to lie on the table. SA 4146. Mr. CASSIDY submitted an Ms. AYOTTE, Mr. ROBERTS, Mr. TOOMEY, and ment intended to be proposed by him to the amendment intended to be proposed by him Mrs. CAPITO) submitted an amendment in- bill S. 2943, supra; which was ordered to lie to the bill S. 2943, supra; which was ordered tended to be proposed by him to the bill S. on the table. to lie on the table. 2943, supra; which was ordered to lie on the SA 4186. Mr. FLAKE submitted an amend- SA 4147. Mr. CASSIDY submitted an table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 4166. Mr. COATS submitted an amend- bill S. 2943, supra; which was ordered to lie to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the on the table. to lie on the table. bill S. 2943, supra; which was ordered to lie SA 4187. Mr. FLAKE submitted an amend- SA 4148. Mr. CASSIDY submitted an on the table. ment intended to be proposed by him to the amendment intended to be proposed by him SA 4167. Mr. COATS submitted an amend- bill S. 2943, supra; which was ordered to lie to the bill S. 2943, supra; which was ordered ment intended to be proposed by him to the on the table. to lie on the table. bill S. 2943, supra; which was ordered to lie SA 4188. Mr. FLAKE submitted an amend- SA 4149. Mr. MCCAIN submitted an amend- on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 4168. Mr. COATS submitted an amend- bill S. 2943, supra; which was ordered to lie bill S. 2943, supra; which was ordered to lie ment intended to be proposed by him to the on the table. on the table. bill S. 2943, supra; which was ordered to lie SA 4189. Mr. FLAKE submitted an amend- SA 4150. Ms. AYOTTE (for herself, Mr. on the table. ment intended to be proposed by him to the RUBIO, Mr. KIRK, Mr. GRAHAM, Mr. BURR, Mr. SA 4169. Mr. COATS submitted an amend- bill S. 2943, supra; which was ordered to lie MCCONNELL, Mr. CORNYN, Mr. ROUNDS, Mr. ment intended to be proposed by him to the on the table. TILLIS, Mr. INHOFE, Mr. RISCH, Mr. PORTMAN, bill S. 2943, supra; which was ordered to lie SA 4190. Mr. FLAKE submitted an amend- Mr. CRUZ, Mrs. ERNST, Mr. PERDUE, Ms. MUR- on the table. ment intended to be proposed by him to the KOWSKI, Mr. GARDNER, Mr. ROBERTS, and Mr. SA 4170. Mr. COATS submitted an amend- bill S. 2943, supra; which was ordered to lie BARRASSO) submitted an amendment in- ment intended to be proposed by him to the on the table. tended to be proposed by her to the bill S. bill S. 2943, supra; which was ordered to lie SA 4191. Mr. FLAKE (for himself and Mr. 2943, supra; which was ordered to lie on the on the table. COONS) submitted an amendment intended to table. SA 4171. Mr. PERDUE (for himself and Mr. be proposed by him to the bill S. 2943, supra; SA 4151. Mr. BENNET (for himself and Mr. JOHNSON) submitted an amendment intended which was ordered to lie on the table. GARDNER) submitted an amendment intended to be proposed by him to the bill S. 2943, SA 4192. Mr. FLAKE submitted an amend- to be proposed by him to the bill S. 2943, supra; which was ordered to lie on the table. ment intended to be proposed by him to the supra; which was ordered to lie on the table. SA 4172. Mr. KIRK (for himself, Mr. bill S. 2943, supra; which was ordered to lie SA 4152. Mr. KIRK (for himself, Mr. DUR- MANCHIN, Mr. ROBERTS, Mr. MENENDEZ, Ms. on the table. BIN, Mr. GRASSLEY, and Mrs. ERNST) sub- MURKOWSKI, Mr. CARDIN, Mr. RUBIO, Mr. VIT- SA 4193. Mr. RUBIO submitted an amend- mitted an amendment intended to be pro- TER, Mr. TILLIS, Mr. CRUZ, Mr. PORTMAN, Ms. ment intended to be proposed by him to the posed by him to the bill S. 2943, supra; which AYOTTE, Mr. HATCH, and Mr. NELSON) sub- bill S. 2943, supra; which was ordered to lie was ordered to lie on the table. mitted an amendment intended to be pro- on the table.

VerDate Sep 11 2014 05:53 May 26, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.021 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3178 CONGRESSIONAL RECORD — SENATE May 25, 2016 SA 4194. Mr. RUBIO submitted an amend- bill S. 2943, supra; which was ordered to lie fiscal year 2017 for military activities of the ment intended to be proposed by him to the on the table. Department of Defense, for military con- bill S. 2943, supra; which was ordered to lie SA 4213. Mr. TESTER (for himself, Mr. struction, and for defense activities of the on the table. HELLER, Mrs. ERNST, Mr. ROUNDS, and Mr. Department of Energy, to prescribe military SA 4195. Mr. RUBIO submitted an amend- LEAHY) submitted an amendment intended to personnel strengths for such fiscal year, and ment intended to be proposed by him to the be proposed by him to the bill S. 2943, supra; for other purposes; which was ordered to lie bill S. 2943, supra; which was ordered to lie which was ordered to lie on the table. on the table. on the table. SA 4214. Mr. KIRK (for himself and Mr. SA 4232. Mr. HELLER submitted an SA 4196. Mr. RUBIO submitted an amend- DURBIN) submitted an amendment intended amendment intended to be proposed by him ment intended to be proposed by him to the to be proposed by him to the bill S. 2943, to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie supra; which was ordered to lie on the table. to lie on the table. on the table. SA 4215. Mr. REID (for himself, Mr. SCHU- SA 4233. Mr. HELLER submitted an SA 4197. Mr. RUBIO submitted an amend- MER, and Ms. HIRONO) submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the ment intended to be proposed by him to the to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie bill S. 2943, supra; which was ordered to lie to lie on the table. on the table. on the table. SA 4234. Mr. HELLER submitted an SA 4198. Mr. RUBIO submitted an amend- SA 4216. Mr. BOOKER (for himself and Mr. amendment intended to be proposed by him ment intended to be proposed by him to the MENENDEZ) submitted an amendment in- to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie tended to be proposed by him to the bill S. to lie on the table. on the table. 2943, supra; which was ordered to lie on the SA 4235. Mr. HELLER (for himself and Mr. SA 4199. Mr. RUBIO submitted an amend- table. TESTER) submitted an amendment intended ment intended to be proposed by him to the SA 4217. Ms. AYOTTE (for herself, Mrs. to be proposed by him to the bill S. 2943, bill S. 2943, supra; which was ordered to lie SHAHEEN, Mr. GRAHAM, Mr. KING, Mr. supra; which was ordered to lie on the table. on the table. WICKER, Mr. NELSON, and Mr. KIRK) sub- SA 4236. Mr. PORTMAN (for himself and SA 4200. Mr. RUBIO submitted an amend- mitted an amendment intended to be pro- ment intended to be proposed by him to the Mr. BROWN) submitted an amendment in- posed by her to the bill S. 2943, supra; which tended to be proposed by him to the bill S. bill S. 2943, supra; which was ordered to lie was ordered to lie on the table. on the table. 2943, supra; which was ordered to lie on the SA 4218. Mr. WICKER submitted an amend- table. SA 4201. Mr. CORNYN submitted an ment intended to be proposed by him to the amendment intended to be proposed by him bill S. 2943, supra; which was ordered to lie f to the bill S. 2943, supra; which was ordered on the table. TEXT OF AMENDMENTS to lie on the table. SA 4219. Mr. DAINES (for himself, Mr. SA 4202. Mr. DAINES (for himself, Mrs. HOEVEN, and Mr. TESTER) submitted an SA 4142. Mr. NELSON (for himself, ERNST, Mr. CARDIN, Mr. GARDNER, Mr. WAR- amendment intended to be proposed by him Mrs. FISCHER, Mr. BOOKER, Mr. THUNE, NER, Ms. MIKULSKI, Mr. BLUMENTHAL, and to the bill S. 2943, supra; which was ordered Mr. SULLIVAN, Ms. CANTWELL, Mr. Mr. BENNET) submitted an amendment in- to lie on the table. tended to be proposed by him to the bill S. WICKER, Ms. AYOTTE, and Mr. SCHATZ) SA 4220. Mr. BARRASSO submitted an 2943, supra; which was ordered to lie on the submitted an amendment intended to amendment intended to be proposed by him table. be proposed by him to the bill S. 2943, to the bill S. 2943, supra; which was ordered SA 4203. Mr. PERDUE submitted an to authorize appropriations for fiscal amendment intended to be proposed by him to lie on the table. SA 4221. Mr. BARRASSO submitted an year 2017 for military activities of the to the bill S. 2943, supra; which was ordered amendment intended to be proposed by him Department of Defense, for military to lie on the table. to the bill S. 2943, supra; which was ordered SA 4204. Mr. INHOFE (for himself, Ms. MI- construction, and for defense activities to lie on the table. KULSKI, Mr. ROUNDS, Mr. TILLIS, Mr. BURR, of the Department of Energy, to pre- SA 4222. Ms. MURKOWSKI submitted an Ms. MURKOWSKI, Mr. HATCH, Mr. UDALL, Ms. scribe military personnel strengths for amendment intended to be proposed by her HIRONO, Mr. LANKFORD, Ms. COLLINS, Mrs. such fiscal year, and for other pur- to the bill S. 2943, supra; which was ordered BOXER, Mr. CARDIN, Mrs. MURRAY, Mrs. CAP- poses; which was ordered to lie on the to lie on the table. ITO, Mr. BROWN, Mr. WARNER, Mr. BOOZMAN, SA 4223. Mr. BARRASSO submitted an table; as follows: Mr. VITTER, Mrs. GILLIBRAND, Mr. NELSON, amendment intended to be proposed by him In title XXXV of division C, strike section Mr. SCHUMER, Mr. KAINE, Mr. MARKEY, Mr. to the bill S. 2943, supra; which was ordered 3501 and insert the following: SCHATZ, Ms. KLOBUCHAR, Mr. WHITEHOUSE, to lie on the table. Mr. CASEY, Ms. STABENOW, Mr. TESTER, Mr. SEC. 3500. SHORT TITLE. SA 4224. Mr. BROWN (for himself and Mr. HELLER, and Mr. SESSIONS) submitted an (a) SHORT TITLE.—This title may be cited PORTMAN) submitted an amendment intended amendment intended to be proposed by him as the ‘‘Maritime Administration Authoriza- to be proposed by him to the bill S. 2943, to the bill S. 2943, supra; which was ordered tion and Enhancement Act for Fiscal Year supra; which was ordered to lie on the table. to lie on the table. 2017’’. SA 4225. Mr. MENENDEZ (for himself, Mr. SA 4205. Mr. ROUNDS (for himself and Mr. Subtitle A—Maritime Administration BROWN, and Mr. BOOKER) submitted an CRUZ) submitted an amendment intended to Authorization be proposed by him to the bill S. 2943, supra; amendment intended to be proposed by him to the bill S. 2943, supra; which was ordered SEC. 3501. AUTHORIZATION OF THE MARITIME which was ordered to lie on the table. ADMINISTRATION. SA 4206. Mrs. FISCHER submitted an to lie on the table. There are authorized to be appropriated to amendment intended to be proposed by her SA 4226. Ms. CANTWELL submitted an the Department of Transportation for fiscal to the bill S. 2943, supra; which was ordered amendment intended to be proposed by her year 2017, to be available without fiscal year to lie on the table. to the bill S. 2943, supra; which was ordered limitation if so provided in appropriations SA 4207. Mr. MORAN submitted an amend- to lie on the table. Acts, for programs associated with maintain- ment intended to be proposed by him to the SA 4227. Mrs. FEINSTEIN submitted an ing the United States merchant marine, the bill S. 2943, supra; which was ordered to lie amendment intended to be proposed by her following amounts: on the table. to the bill S. 2943, supra; which was ordered SA 4208. Mrs. CAPITO submitted an to lie on the table. (1) For expenses necessary for operations of amendment intended to be proposed by her SA 4228. Ms. HIRONO (for herself, Ms. MUR- the United States Merchant Marine Acad- to the bill S. 2943, supra; which was ordered KOWSKI, and Ms. CANTWELL) submitted an emy, $99,902,000, of which— to lie on the table. amendment intended to be proposed by her (A) $74,851,000 shall be for Academy oper- SA 4209. Mrs. CAPITO (for herself, Ms. STA- to the bill S. 2943, supra; which was ordered ations; and BENOW, Ms. COLLINS, and Mr. MARKEY) sub- to lie on the table. (B) $25,051,000 shall remain available until mitted an amendment intended to be pro- SA 4229. Mr. McCAIN submitted an amend- expended for capital asset management at posed by her to the bill S. 2943, supra; which ment intended to be proposed by him to the the Academy. was ordered to lie on the table. bill S. 2943, supra; which was ordered to lie (2) For expenses necessary to support the SA 4210. Mr. TESTER (for himself, Mr. on the table. State maritime academies, $29,550,000, of GRASSLEY, Mr. JOHNSON, and Mr. CARPER) SA 4230. Mr. ROUNDS (for Mr. SCHATZ) pro- which— submitted an amendment intended to be proposed an amendment to the resolution S. (A) $2,400,000 shall remain available until posed by him to the bill S. 2943, supra; which Res. 416, recognizing the contributions of Ha- September 30, 2018, for the Student Incentive was ordered to lie on the table. waii to the culinary heritage of the United Program; SA 4211. Mr. TESTER submitted an amend- States and designating the week beginning (B) $3,000,000 shall remain available until ment intended to be proposed by him to the on June 12, 2016, as ‘‘National Hawaiian Food expended for direct payments to such acad- bill S. 2943, supra; which was ordered to lie Week’’. emies; on the table. SA 4231. Mr. KIRK submitted an amend- (C) $22,000,000 shall remain available until SA 4212. Mr. TESTER submitted an amendment intended to be proposed by him to the expended for maintenance and repair of ment intended to be proposed by him to the bill S. 2943, to authorize appropriations for State maritime academy training vessels;

VerDate Sep 11 2014 05:53 May 26, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.024 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3179 (D) $1,800,000 shall remain available until assment or sexual assault should be reported ‘‘(B) to assess the perceptions of cadets and expended for training ship fuel assistance; by a cadet and the options for confidential other Academy personnel on— and reporting; ‘‘(i) the policies, procedures, and training (E) $350,000 shall remain available until ex- ‘‘(ii) specifying any other person whom the on sexual harassment and sexual assault in- pended for expenses to improve the moni- victim should contact; and volving cadets or Academy personnel; toring of the service obligations of grad- ‘‘(iii) procedures on the preservation of evi- ‘‘(ii) the enforcement of the policies de- uates. dence potentially necessary for proof of scribed in clause (i); (3) For expenses necessary to support the criminal sexual assault; ‘‘(iii) the incidence of sexual harassment National Security Multi-Mission Vessel Pro- ‘‘(C) a procedure for disciplinary action in and sexual assault involving cadets or Acad- gram, $6,000,000, which shall remain available cases of alleged criminal sexual assault in- emy personnel; and until expended. volving a cadet or other Academy personnel; ‘‘(iv) any other issues relating to sexual (4) For expenses necessary to support Mari- ‘‘(D) any other sanction authorized to be harassment and sexual assault involving ca- time Administration operations and pro- imposed in a substantiated case of sexual dets or Academy personnel. grams, $57,142,000. harassment or sexual assault involving a ‘‘(3) FOCUS GROUPS FOR YEARS WHEN SURVEY (5) For expenses necessary to dispose of cadet or other Academy personnel in rape, NOT REQUIRED.—In any year in which the vessels in the National Defense Reserve acquaintance rape, or any other criminal Secretary of Transportation is not required Fleet, $20,000,000, which shall remain avail- sexual offense, whether forcible or nonforc- to conduct the survey described in paragraph able until expended. ible; and (2), the Secretary shall conduct focus groups (6) For the cost (as defined in section 502(5) ‘‘(E) required training on the policy for all at the Academy for the purposes of of the Federal Credit Reform Act of 1990 (2 cadets and other Academy personnel, includ- ascertaining information relating to sexual U.S.C. 661a(5))) of loan guarantees under the ing the specific training required for per- assault and sexual harassment issues at the program authorized by chapter 537 of title 46, sonnel who process allegations of sexual har- Academy. United States Code, $3,000,000, which shall re- assment or sexual assault involving Acad- ‘‘(d) ANNUAL REPORT.— main available until expended for adminis- emy personnel. ‘‘(1) IN GENERAL.—The Superintendent of the Academy shall submit a report to the trative expenses of the program. ‘‘(3) AVAILABILITY OF POLICY.—The Sec- Secretary of Transportation that provides SEC. 3502. MARITIME ADMINISTRATION AUTHOR- retary shall ensure that the policy developed information about sexual harassment and IZATION REQUEST. under this subsection is available to— Section 109 of title 49, United States Code, ‘‘(A) all cadets and employees of the Acad- sexual assault involving cadets or other personnel at the Academy for each Academy is amended by adding at the end the fol- emy; and program year. lowing: ‘‘(B) the public. ‘‘(2) CONTENTS.—Each report submitted ‘‘(k) SUBMISSION OF ANNUAL MARITIME AD- ‘‘(4) CONSULTATION AND ASSISTANCE.—In de- under paragraph (1) shall include, for the MINISTRATION AUTHORIZATION REQUEST.— veloping the policy under this subsection, Academy program year covered by the re- ‘‘(1) IN GENERAL.—Not later than 30 days the Secretary may consult or receive assist- port— after the date on which the President sub- ance from such Federal, State, local, and na- ‘‘(A) the number of sexual assaults, rapes, mits to Congress a budget for a fiscal year tional organizations and subject matter ex- and other sexual offenses involving cadets or pursuant to section 1105 of title 31, the Mari- perts as the Secretary considers appropriate. other Academy personnel that have been re- time Administrator shall submit a Maritime ‘‘(b) DEVELOPMENT PROGRAM.— Administration authorization request with ported to Academy officials; ‘‘(1) IN GENERAL.—The Secretary of Trans- ‘‘(B) the number of the reported cases de- respect to such fiscal year to the Committee portation shall ensure that the development scribed in subparagraph (A) that have been on Commerce, Science, and Transportation program of the United States Merchant Ma- substantiated; of the Senate and the Committee on Trans- rine Academy includes a section that— ‘‘(C) the policies, procedures, and training portation and Infrastructure of the House of ‘‘(A) describes the relationship between implemented by the Superintendent and the Representatives. honor, respect, and character development leadership of the Academy in response to ‘‘(2) DEFINED TERM.—In this subsection, the and the prevention of sexual harassment and sexual harassment and sexual assault involv- term ‘Maritime Administration authoriza- sexual assault at the Academy; and ing cadets or other Academy personnel; and tion request’ means a proposal for legislation ‘‘(B) includes a brief history of the problem ‘‘(D) a plan for the actions that will be that, with respect to the Maritime Adminis- of sexual harassment and sexual assault in taken in the following Academy program tration for the relevant fiscal year— the merchant marine, in the Armed Forces, year regarding prevention of, and response ‘‘(A) recommends authorizations of appro- and at the Academy; and to, sexual harassment and sexual assault in- priations for that fiscal year; and ‘‘(C) includes information relating to revolving cadets or other Academy personnel. ‘‘(B) addresses any other matter that the porting sexual harassment and sexual as- ‘‘(3) SURVEY AND FOCUS GROUP RESULTS.— Maritime Administrator determines is ap- sault, victims’ rights, and dismissal for of- ‘‘(A) SURVEY RESULTS.—Each report under propriate for inclusion in a Maritime Admin- fenders. paragraph (1) for an Academy program year istration authorization bill.’’. ‘‘(2) TRAINING.—The Superintendent of the that begins in an odd-numbered calendar Subtitle B—Prevention of Sexual Harassment Academy shall ensure that all cadets receive year shall include the results of the survey and Assault at the United States Merchant the training described in paragraph (1)— conducted in that program year under sub- Marine Academy ‘‘(A) not later than 7 days after their ini- section (c)(2). SEC. 3506. ACTIONS TO ADDRESS SEXUAL HAR- tial arrival at the Academy; and ‘‘(B) FOCUS GROUP RESULTS.—Each report ASSMENT AND SEXUAL ASSAULT AT ‘‘(B) biannually thereafter until they grad- under paragraph (1) for an Academy program THE UNITED STATES MERCHANT MA- uate or leave the Academy. year in which the Secretary of Transpor- RINE ACADEMY. ‘‘(c) ANNUAL ASSESSMENT.— tation is not required to conduct the survey (a) POLICY.—Chapter 513 of title 46, United ‘‘(1) IN GENERAL.—The Secretary of Trans- described (c)(2) shall include the results of States Code, is amended by adding at the end portation, in cooperation with the Super- the focus group conducted in that program the following: intendent of the Academy, shall conduct an year under subsection (c)(3). ‘‘§ 51318. Policy on sexual harassment and assessment at the Academy during each ‘‘(4) REPORTING REQUIREMENT.— sexual assault Academy program year to determine the ef- ‘‘(A) BY THE SUPERINTENDENT.—For each ‘‘(a) REQUIRED POLICY.— fectiveness of the policies, procedures, and incident of sexual harassment or sexual as- ‘‘(1) IN GENERAL.—The Secretary of Trans- training of the Academy with respect to sex- sault reported to the Superintendent under portation shall direct the Superintendent of ual harassment and sexual assault involving this subsection, the Superintendent shall the United States Merchant Marine Acad- cadets or other Academy personnel. provide the Secretary of Transportation and emy to prescribe a policy on sexual harass- ‘‘(2) BIENNIAL SURVEY.—For each assess- the Board of Visitors of the Academy with a ment and sexual assault applicable to the ca- ment of the Academy under paragraph (1) report that includes— dets and other personnel of the Academy. during an Academy program year that be- ‘‘(i) the facts surrounding the incident, ex- ‘‘(2) MATTERS TO BE SPECIFIED IN POLICY.— gins in an odd-numbered calendar year, the cept for any details that would reveal the The policy on sexual harassment and sexual Secretary shall conduct a survey of cadets identities of the people involved; and assault prescribed under this subsection and other Academy personnel— ‘‘(ii) the Academy’s response to the inci- shall include— ‘‘(A) to measure— dent. ‘‘(A) a program to promote awareness of ‘‘(i) the incidence, during that program ‘‘(B) BY THE SECRETARY.—The Secretary the incidence of rape, acquaintance rape, and year, of sexual harassment and sexual as- shall submit a copy of each report received other sexual offenses of a criminal nature sault events, on or off the Academy campus, under subparagraph (A) and the Secretary’s that involve cadets or other Academy per- that have been reported to officials of the comments on the report to the Committee sonnel; Academy; and on Commerce, Science, and Transportation ‘‘(B) procedures that a cadet should follow ‘‘(ii) the incidence, during that program of the Senate and the Committee on Trans- in the case of an occurrence of sexual harass- year, of sexual harassment and sexual as- portation and Infrastructure of the House of ment or sexual assault, including— sault events, on or off the Academy campus, Representatives.’’. ‘‘(i) specifying the person or persons to that have not been reported to officials of (b) CLERICAL AMENDMENT.—The table of whom an alleged occurrence of sexual har- the Academy; and sections for chapter 513 of title 46, United

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States Code, is amended by adding at the end ‘‘51319. Sexual assault response coordinators (c) NO QUORUM REQUIREMENT.—The Mari- the following: and sexual assault victim advo- time Administration may convene the work- ‘‘51318. Policy on sexual harassment and sex- cates.’’. ing group without all members present. ual assault.’’. SEC. 3508. REPORT FROM THE DEPARTMENT OF (d) RESPONSIBILITIES.—The working group SEC. 3507. SEXUAL ASSAULT RESPONSE COORDI- TRANSPORTATION INSPECTOR GEN- shall— NATORS AND SEXUAL ASSAULT VIC- ERAL. (1) evaluate options that could promote a TIM ADVOCATES. (a) IN GENERAL.—Not later than March 31, climate of honor and respect, and a culture (a) COORDINATORS AND ADVOCATES.—Chap- 2018, the Inspector General of the Depart- that is intolerant of sexual harassment and ter 513 of title 46, United States Code, as ment of Transportation shall submit a report sexual assault and those who commit it, amended by section 3506, is further amended to the Committee on Commerce, Science, across the United States Flag Fleet; by adding at the end the following: and Transportation of the Senate and the (2) raise awareness of the United States Committee on Transportation and Infra- ‘‘§ 51319. Sexual assault response coordina- Merchant Marine Academy’s sexual assault structure of the House of Representatives tors and sexual assault victim advocates prevention and response program across the that describes the effectiveness of the sexual United States Flag Fleet; ‘‘(a) SEXUAL ASSAULT RESPONSE COORDINA- harassment and sexual assault prevention (3) assess options that could be imple- TORS.—The United States Merchant Marine and response program at the United States Academy shall employ or contract with at mented by the United States Flag Fleet that Merchant Marine Academy. would remove any barriers to the reporting least 1 full-time sexual assault response co- (b) CONTENTS.—The report required under ordinator who shall reside on or near the of sexual harassment and sexual assault re- subsection (a) shall— sponse that occur during a Cadet’s Sea Year Academy. The Secretary of Transportation (1) assess progress toward addressing any may assign additional full-time or part-time experience and protect the victim’s confiden- outstanding recommendations; tiality; sexual assault response coordinators at the (2) include any recommendations to reduce Academy as may be necessary. (4) assess a potential program or policy, the number of sexual assaults involving applicable to all participants of the mari- ‘‘(b) VOLUNTEER SEXUAL ASSAULT VICTIM members of the United States Merchant Ma- ADVOCATES.— time security program, to improve the pre- rine Academy, whether a member is the vic- vention of, and response to, sexual harass- ‘‘(1) IN GENERAL.—The Secretary of Trans- tim, the alleged assailant, or both; portation, acting through the Super- ment and sexual assault incidents; (3) include any recommendations to im- (5) assess a potential program or policy, intendent of the United States Merchant Ma- prove the response of the Department of rine Academy, shall designate 1 or more per- applicable to all vessels operating in the Transportation and the United States Mer- United States Flag Fleet that participate in manent employees who volunteer to serve as chant Marine Academy to reports of sexual advocates for victims of sexual assaults in- the Maritime Security Fleet under section assaults involving members of the Academy, 53101 of title 46, United States Code, which volving— whether a members is the victim, the alleged ‘‘(A) cadets of the Academy; or carry cargos to which chapter 531 of such assailant, or both. title applies, or are chartered by a Federal ‘‘(B) individuals who work with or conduct (c) EXPERTISE.—In compiling the report re- agency, requiring crews to complete a sexual business on behalf of the Academy. quired under this section, the inspection harassment and sexual assault prevention ‘‘(2) TRAINING; OTHER DUTIES.—Each victim teams acting under the direction of the In- and response training program before the Ca- advocate designated under this subsection spector General shall— det’s Sea Year that includes— shall— (1) include at least 1 member with exper- (A) fostering a shipboard climate— ‘‘(A) have or receive training in matters re- tise and knowledge of sexual assault preven- (i) that does not tolerate sexual harass- lating to sexual assault and the comprehen- tion and response policies; or ment and sexual assault; sive policy developed under section 51318 of (2) consult with subject matter experts in (ii) in which persons assigned to vessel title 46, United States Code; and the prevention of and response to sexual as- crews are encouraged to intervene to prevent ‘‘(B) serve as a victim advocate volun- saults. tarily, in addition to the individual’s other potential incidents of sexual harassment or SEC. 3509. SEXUAL ASSAULT PREVENTION AND sexual assault; and duties as an employee of the Academy. RESPONSE WORKING GROUP. (iii) that encourages victims of sexual as- ‘‘(3) PRIMARY DUTIES.—While performing (a) IN GENERAL.—Not later than 90 days the duties of a victim advocate under this after the date of the enactment of this Act, sault to report any incident of sexual harass- subsection, a designated employee shall— the Maritime Administrator shall convene a ment or sexual assault; and ‘‘(A) support victims of sexual assault by working group to examine methods to im- (B) understanding the needs of, and the re- informing them of the rights and resources prove the prevention of, and response to, any sources available to, a victim after an inci- available to them as victims; sexual harassment or sexual assault that oc- dent of sexual harassment or sexual assault; ‘‘(B) identify additional resources to en- curs during a Cadet’s Sea Year experience (6) assess whether the United States Mer- sure the safety of victims of sexual assault; with the United States Merchant Marine chant Marine Academy should continue with and Academy. sea year training on privately owned vessels ‘‘(C) connect victims of sexual assault to (b) MEMBERSHIP.—The Maritime Adminis- or change its curricula to provide alternative an Academy sexual assault response coordi- trator shall designate individuals to serve as training; and nator, or full-time or part-time victim advo- members of the working group convened pur- (7) assess how vessel operators could en- cate, who shall act as a companion in navi- suant to subsection (a). Membership in the sure the confidentiality of a report of sexual gating investigative, medical, mental and working group shall consist of— harassment or sexual assault in order to pro- emotional health, and recovery processes re- (1) a representative of the Maritime Ad- tect the victim and prevent retribution. lating to sexual assault. ministration, which shall serve as chair of (e) REPORT.—Not later than 15 months after the date of the enactment of this Act, ‘‘(4) COMPANION.—At least 1 victim advo- the working group; cate designated under this subsection, while (2) the Superintendent of the Academy, or the working group shall submit a report to performing the duties of a victim advocate, designee; the Committee on Commerce, Science, and shall act as a companion in navigating inves- (3) the sexual assault response coordinator Transportation of the Senate and the Com- tigative, medical, mental and emotional appointed under section 51319 of title 46, mittee on Transportation and Infrastructure health, and recovery processes relating to United States Code; of the House of Representatives that in- sexual assault. (4) a subject matter expert from the Coast cludes— (1) recommendations on each of the work- ‘‘(5) HOTLINE.—The Secretary shall estab- Guard; lish a 24-hour hotline through which the vic- (5) a subject matter expert from the Mili- ing group’s responsibilities described in sub- tim of a sexual assault can receive victim tary Sealift Command; section (d); support services. (6) at least 1 representative from each of (2) the trade-offs, opportunities, and challenges associated with the recommendations ‘‘(6) FORMAL RELATIONSHIPS WITH OTHER EN- the State maritime academies; made in paragraph (1); and TITIES.—The Secretary may enter into for- (7) at least 1 representative from each pri- mal relationships with other entities to vate contracting party participating in the (3) any other information the working make available additional victim advocates maritime security program; group determines appropriate. or to implement paragraphs (3), (4), and (5). (8) at least 1 representative from each non- Subtitle C—Maritime Administration ‘‘(7) CONFIDENTIALITY.—Information dis- profit labor organization representing a class Enhancement closed by a victim to an advocate designated or craft of employees employed on vessels in SEC. 3511. STATUS OF NATIONAL DEFENSE RE- under this subsection— the Maritime Security Fleet; SERVE FLEET VESSELS. ‘‘(A) shall be treated by the advocate as (9) at least 2 representatives from approved Section 4405 of title 50, United States Code, confidential; and maritime training institutions; and is amended— ‘‘(B) may not be disclosed by the advocate (10) at least 1 representative from compa- (1) in subsection (a), by adding at the end without the consent of the victim.’’. nies that— the following: ‘‘Vessels in the National De- (b) CLERICAL AMENDMENT.—The table of (A) participate in sea training of Academy fense Reserve Fleet, including vessels loaned sections for chapter 513 of title 46, United cadets; and to State maritime academies, shall be con- States Code, is amended by adding at the end (B) do not participate in the maritime se- sidered public vessels of the United States.’’; the following: curity program. and

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.026 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3181 (2) by adding at the end the following: her from meeting the requirements or stand- proved classification society’’ means a clas- ‘‘(g) VESSEL STATUS.—Ships or other ards referred to in subparagraph (A), shall be sification society that has been approved by watercraft in the National Defense Reserve transferred to a program other than a mer- the Secretary of the department in which Fleet determined by the Maritime Adminis- chant marine officer preparation program, or the Coast Guard is operating under section tration to be of insufficient value to remain otherwise appropriately disenrolled from 3316(c) of title 46, United States Code. in the National Defense Reserve Fleet— such State maritime academy, until the in- (c) SAVINGS CLAUSE.—Nothing in this sec- ‘‘(1) shall remain vessels (as defined in sec- dividual demonstrates to the Secretary that tion may be construed to affect the require- tion 3 of title 1); and the individual meets such requirements or ments under section 3316 of title 46, United ‘‘(2) shall remain subject to the rights and standards.’’; and States Code, for a high-speed craft that does responsibilities of a vessel under admiralty (2) by adding at the end the following: not meet the conditions under paragraphs (1) law until such time as the vessel is delivered ‘‘(c) SECRETARIAL WAIVER AUTHORITY.—The through (6) of subsection (a). to a dismantling facility or is otherwise dis- Secretary is authorized to modify or waive SEC. 3518. MARITIME WORKFORCE WORKING posed of from the National Defense Reserve any of the terms set forth in subsection (a)(4) GROUP. Fleet.’’. with respect to any individual or State mari- (a) IN GENERAL.—Not later than 90 days SEC. 3512. PORT INFRASTRUCTURE DEVELOP- time academy.’’. after the date of the enactment of this Act, MENT. the Secretary of Transportation shall con- SEC. 3515. AUTHORITY TO EXTEND CERTAIN AGE Section 50302(c)(4) of title 46, United States vene a working group to examine and assess RESTRICTIONS RELATING TO VES- the size of the pool of citizen mariners nec- Code, is amended— SELS PARTICIPATING IN THE MARI- (1) by striking ‘‘There are authorized’’ and TIME SECURITY FLEET. essary to support the United States Flag Fleet in times of national emergency. inserting the following: (a) IN GENERAL.—Section 53102 of title 46, EMBERSHIP ‘‘(A) IN GENERAL.—There are authorized’’; (b) M .—The Maritime Adminis- United States Code, is amended by adding at trator shall designate individuals to serve as and the end the following: (2) by adding at the end the following: members of the working group convened ‘‘(g) AUTHORITY FOR EXTENSION OF MAX- under subsection (a). The working group ‘‘(B) ADMINISTRATIVE EXPENSES.—Except as IMUM SERVICE AGE FOR A PARTICIPATING shall include, at a minimum, the following otherwise provided by law, the Adminis- FLEET VESSEL.—The Secretary of Defense, in members: trator may use not more than 3 percent of conjunction with the Secretary of Transpor- (1) At least 1 representative of the Mari- the amounts appropriated to carry out this tation, may extend the maximum age re- time Administration, who shall serve as section for the administrative expenses of strictions under sections 53101(5)(A)(ii) and chairperson of the working group. the program.’’. 53106(c)(3) for a particular participating fleet (2) At least 1 subject matter expert from SEC. 3513. USE OF STATE ACADEMY TRAINING vessel for up to 5 years if the Secretary of the United States Merchant Marine Acad- VESSELS. Defense and the Secretary of Transportation emy. Section 51504(g) of title 46, United States jointly determine that such extension is in (3) At least 1 subject matter expert from Code, is amended to read as follows: the national interest.’’. the Coast Guard. ‘‘(g) VESSEL SHARING.—The Secretary, (b) REPEAL OF UNNECESSARY AGE LIMITA- after consulting with the affected State mar- (4) At least 1 subject matter expert from TION.—Section 53106(c)(3) of such title is the Military Sealift Command. itime academies, may implement a program amended— requiring a State maritime academy to share (5) 1 subject matter expert from each of the (1) in subparagraph (A), by striking ‘‘or its training vessel with another State mari- State maritime academies. (C);’’ and inserting ‘‘; or’’; time academy if the vessel of another State (6) At least 1 representative from each non- (2) in subparagraph (B), by striking ‘‘; or’’ maritime academy— profit labor organization representing a class at the end and inserting a period; and ‘‘(1) is being used during a humanitarian or craft of employees (licensed or unlicensed) (3) by striking subparagraph (C). assistance or disaster response activity; who are employed on vessels operating in the ‘‘(2) is incapable of being maintained in SEC. 3516. APPOINTMENTS. United States Flag Fleet. good repair as required under subsection (c); (a) IN GENERAL.—Section 51303 of title 46, (7) At least 4 representatives of owners of ‘‘(3) requires maintenance or repair for an United States Code, is amended by striking vessels operating the in United States Flag extended period; ‘‘40’’ and inserting ‘‘50’’. Fleet, or their private contracting parties, ‘‘(4) is activated as a National Defense Re- (b) CLASS PROFILE.—Not later than August which are primarily operating in non-contig- serve Fleet vessel pursuant to section 4405 of 31 of each year, the Superintendent of the uous or coastwise trades. title 50; United States Merchant Marine Academy (8) At least 4 representatives of owners of ‘‘(5) loses its Coast Guard Certificate of In- shall post on the Academy’s public website a vessels operating the in United States Flag Fleet, or their private contracting parties, spection or its classification; or summary profile of each class at the Acad- which are primarily operating in inter- ‘‘(6) does not comply with applicable envi- emy. national transportation. ronmental regulations.’’. (c) CONTENTS.—Each summary profile posted under subsection (b) shall include, for the (c) NO QUORUM REQUIREMENT.—The Mari- SEC. 3514. STATE MARITIME ACADEMY PHYSICAL time Administration may convene the work- STANDARDS AND REPORTING. incoming class and for the 4 classes that pre- cede the incoming class, the number and per- ing group without all members present. Section 51506 of title 46, United States (d) RESPONSIBILITIES.—The working group centage of students— Code, is amended– shall— (1) by State; (1) in subsection (a)— (1) identify the number of United States (2) by country; (A) in the matter preceding paragraph (1), citizen mariners— by striking ‘‘must’’ and inserting ‘‘shall’’; (3) by gender; (A) in total; (B) in paragraph (2), by striking ‘‘and’’ at (4) by race and ethnicity; and (B) that have a valid United States Coast the end; (5) with prior military service. Guard merchant mariner credential with the (C) in paragraph (3), by striking the period SEC. 3517. HIGH-SPEED CRAFT CLASSIFICATION necessary endorsements for service on un- at the end and inserting ‘‘; and’’; and SERVICES. limited tonnage vessels subject to the Inter- (D) by adding at the end the following: (a) IN GENERAL.—Notwithstanding section national Convention on Standards of Train- ‘‘(4) agree that any individual enrolled at 3316(a) of title 46, United States Code, the ing, Certification and Watchkeeping for Sea- such State maritime academy in a merchant Secretary of the Navy may use the services farers, 1978, as amended; marine officer preparation program— of an approved classification society for only (C) that are involved in Federal programs ‘‘(A) shall, not later than 9 months after a high-speed craft that— that support the United States Merchant each such individual’s date of enrollment, (1) was acquired by the Secretary from the Marine and United States Flag Fleet; pass an examination in form and substance Maritime Administration; (D) that are available to crew the United satisfactory to the Secretary that dem- (2) is not a high-speed naval combatant, States Flag Fleet and the surge sealift fleet onstrates that such individual meets the patrol vessel, expeditionary vessel, or other in times of a national emergency; medical and physical requirements— special purpose military or law enforcement (E) that are full-time mariners; ‘‘(i) required for the issuance of an original vessel; (F) that have sailed in the prior 18 months; license under section 7101; or (3) is operated for commercial purposes; and ‘‘(ii) set by the Coast Guard for issuing (4) is not operated or crewed by any depart- (G) that are primarily operating in non- merchant mariners’ documentation under ment, agency, instrumentality, or employee contiguous or coastwise trades; section 7302, with no limit to his or her oper- of the United States Government; (2) assess the impact on the United States ational authority; (5) is not directly engaged in any mission Merchant Marine and United States Mer- ‘‘(B) following passage of the examination or other operation for or on behalf of any de- chant Marine Academy if graduates from under subparagraph (A), shall continue to partment, agency, instrumentality, or em- State maritime academies and the United meet the requirements or standards de- ployee of the United States Government; and States Merchant Marine Academy were as- scribed in subparagraph (A) throughout the (6) is not primarily designed to carry signed to, or required to fulfill, certain mari- remainder of their respective enrollments at freight owned, leased, used, or contracted for time positions based on the overall needs of the State maritime academy; and or by the United States Government. the United States Merchant Marine; ‘‘(C) if the individual has a medical or (b) DEFINITION OF APPROVED CLASSIFICA- (3) assess the Coast Guard Merchant Mar- physical condition that disqualifies him or TION SOCIETY.—In this section, the term ‘‘ap- iner Licensing and Documentation System,

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.026 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3182 CONGRESSIONAL RECORD — SENATE May 25, 2016 which tracks merchant mariner credentials (A) an inventory of each vessel, subject to any finding or recommendations that could and medical certificates, and its accessi- a disposal agreement, for which the Mari- protect the safety of an individual on a ves- bility and value to the Maritime Administra- time Administration acts as the disposal sel from an imminent threat of extreme tion for the purposes of evaluating the pool agent, including— weather. of United States citizen mariners; and (i) the age of the vessel; and (d) AUTHORIZATION OF APPROPRIATIONS.— (4) make recommendations to enhance the (ii) the name of the Federal agency with There are authorized to be appropriated such availability and quality of interagency data, which the Maritime Administration has en- sums as may be necessary to carry out this including data from the United States Trans- tered into a disposal agreement; section. portation Command, the Coast Guard, and (B) a description of each vessel of a Federal Subtitle D—Implementation of Workforce the Bureau of Transportation Statistics, for agency that may meet the criteria for the Management Improvements Maritime Administration to act as the dis- use by the Maritime Administration for eval- SEC. 3521. WORKFORCE PLANS AND uating the pool of United States citizen posal agent, including— ONBOARDING POLICIES. mariners. (i) the age of the vessel; and (a) WORKFORCE PLANS.—Not later than 9 (e) REPORT.—Not later than 1 year after (ii) the name of the applicable Federal months after the date of the enactment of the date of the enactment of this Act, the agency; this Act, the Maritime Administrator shall Secretary of Transportation shall submit a (C) the Maritime Administration’s plan to review the Maritime Administration’s work- report to the Committee on Commerce, serve as the disposal agent, as appropriate, force plans, including its Strategic Human Science, and Transportation of the Senate for the vessels described in subparagraph (B); Capital Plan and Leadership Succession and the Committee on Transportation and and Plan, and fully implement competency mod- Infrastructure of the House of Representa- (D) any other information related to the els for mission–critical occupations, includ- tives that contains the results of the study vessel disposal program that the Adminis- ing— conducted under this section, including— trator determines appropriate. (1) leadership positions; (1) the number of United States citizen (d) CESSATION OF EFFECTIVENESS.—This (2) human resources positions; and section ceases to be effective on the date mariners identified for each category de- (3) transportation specialist positions. that is 5 years after the date of enactment of scribed in subparagraphs (A) through (G) of (b) ONBOARDING POLICIES.—Not later than 9 subsection (d)(1); this Act. months after the date of the enactment of (2) the results of the assessments con- SEC. 3520. MARITIME EXTREME WEATHER TASK this Act, the Administrator shall— FORCE. ducted under paragraphs (2) and (3) of sub- (1) review the Maritime Administration’s (a) ESTABLISHMENT OF TASK FORCE.—Not section (d); and policies related to new hire orientation, later than 15 days after the date of enact- (3) the recommendations made under sub- training, and misconduct policies; section (d)(4). ment of this Act, the Secretary of Transpor- tation shall establish a task force to analyze (2) align the onboarding policies and proce- SEC. 3519. VESSEL DISPOSAL PROGRAM. the impact of extreme weather events, such dures at headquarters and the field offices to (a) ANNUAL REPORT.—Not later than Janu- as in the maritime environment (referred to ensure consistent implementation and provi- ary 1 of each year, the Administrator of the in this section as the ‘‘Task Force’’). sion of critical information across the Mari- Maritime Administration shall submit to the (b) MEMBERSHIP.—The Task Force shall be time Administration; and Committee on Commerce, Science, and composed of— (3) update the Maritime Administration’s Transportation of the Senate and the Com- (1) the Secretary or the Secretary’s des- training policies and training systems to in- mittee on Transportation and Infrastructure ignee; and clude controls that ensure that all completed of the House of Representatives a report on (2) a representative of— training is tracked in a standardized train- the management of the vessel disposal pro- (A) the Coast Guard; ing repository. gram of the Maritime Administration. (B) the National Oceanic and Atmospheric (c) ONBOARDING POLICIES.—Not later than 1 (b) CONTENTS.—The report under sub- Administration; year after the date of the enactment of this section (a) shall include— (C) the Federal Maritime Commission; and Act, the Administrator shall submit a report (1) the total amount of funds credited in (D) such other Federal agency or inde- to the Committee on Commerce, Science, the prior fiscal year to— pendent commission as the Secretary con- and Transportation of the Senate and the (A) the Vessel Operations Revolving Fund siders appropriate. Committee on Transportation and Infra- established by section 50301(a) of title 46, (c) REPORT.— structure of the House of Representatives United States Code; and (1) IN GENERAL.—Except as provided in that describes the Maritime Administra- (B) any other account attributable to the paragraph (4), not later than 180 days after tion’s compliance with the requirements vessel disposal program of the Maritime Ad- the date it is established under subsection under this section. ministration; (a), the Task Force shall submit to the Com- SEC. 3522. DRUG AND ALCOHOL POLICY. (2) the balance of funds available at the mittee on Commerce, Science, and Transpor- (a) REVIEW.—Not later than 9 months after end of that fiscal year in— tation of the Senate and the Committee on the date of the enactment of this Act, the (A) the Vessel Operations Revolving Fund; Transportation and Infrastructure of the Maritime Administrator shall— and House of Representatives a report on the (1) review the Maritime Administration’s (B) any other account described in para- analysis under subsection (a). drug and alcohol policies, procedures, and graph (1)(B); (2) CONTENTS.—The report under paragraph training practices; (3) in consultation with the Secretary of (1) shall include— (2) ensure that all fleet managers have re- the Interior, the total number of— (A) an identification of available weather ceived training on the Department of Trans- (A) grant applications under the National prediction, monitoring, and routing tech- portation’s drug and alcohol policy, includ- Maritime Heritage Grants Program in the nology resources; ing the testing procedures used by the De- prior fiscal year; and (B) an identification of industry best prac- partment and the Maritime Administration (B) the applications under subparagraph tices relating to response to, and prevention in cases of reasonable suspicion; and (A) that were approved by the Secretary of of marine casualties from, extreme weather (3) institute a system for tracking all drug the Interior, acting through the National events; and alcohol policy training conducted under Maritime Initiative of the National Park (C) a description of how the resources de- paragraph (2) in a standardized training re- Service; scribed in subparagraph (A) are used in the pository. (4) a detailed description of each project various maritime sectors, including by pas- (b) REPORT.—Not later than 1 year after funded under the National Maritime Herit- senger and cargo vessels; the date of the enactment of this Act, the age Grants Program in the prior fiscal year (D) recommendations for improving mari- Administrator shall submit a report to the for which funds from the Vessel Operations time response operations to extreme weather Committee on Commerce, Science, and Revolving Funds were obligated, including events and preventing marine casualties Transportation of the Senate and the Com- the information described in paragraphs (1) from extreme weather events, such as pro- mittee on Transportation and Infrastructure through (3) of section 308703(j) of title 54, moting the use of risk communications and of the House of Representatives that de- United States Code; and the technologies identified under subpara- scribes the Maritime Administration’s com- (5) a detailed description of the funds cred- graph (A); and pliance with the requirements under this ited to and distributions from the Vessel Op- (E) recommendations for any legislative or section. erations Revolving Funds in the prior fiscal regulatory actions for improving maritime SEC. 3523. VESSEL TRANSFERS. year. response operations to extreme weather Not later than 9 months after the date of (c) ASSESSMENTS.— events and preventing marine casualties the enactment of this Act, the Maritime Ad- (1) IN GENERAL.—Not later than 1 year after from extreme weather events. ministrator shall submit a report to the the date of enactment of this Act, and bien- (3) PUBLICATION.—The Secretary shall Committee on Commerce, Science, and nially thereafter, the Administrator shall as- make the report under paragraph (1) and any Transportation of the Senate and the Com- sess the vessel disposal program of the Mari- notification under paragraph (4) publicly ac- mittee on Transportation and Infrastructure time Administration. cessible in an electronic format. of the House of Representatives that de- (2) CONTENTS.—Each assessment under (4) IMMINENT THREATS.—The Task Force scribes the policies and procedures for vessel paragraph (1) shall include— shall immediately notify the Secretary of transfer, including—

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.026 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3183 (1) a summary of the actions taken to up- 114–120) and the item relating to that section (2) identify the vessel specifications, capa- date the Vessel Transfer Office procedures in the table of contents in section 2 of such bilities, systems, equipment, and other de- manual to reflect the current range of pro- Act, are repealed. tails required for the design of heavy polar gram responsibilities and processes; and SEC. 3528. TECHNICAL CORRECTIONS TO TITLE icebreakers capable of fulfilling the mission (2) a copy of the updated Vessel Transfer 46, UNITED STATES CODE. requirements of the Coast Guard and the Office procedures to process vessel transfer (a) IN GENERAL.—Title 46, United States Navy, and the requirements of other agen- applications. Code, is amended— cies and department of the United States, as Subtitle E—Technical Amendments (1) in section 4503(f)(2), by striking ‘‘that’’ the Secretary determines appropriate; (3) list the specific appropriations required SEC. 3526. CLARIFYING AMENDMENT; CONTINU- after ‘‘necessary,’’; and ATION BOARDS. (2) in section 7510(c)— for the acquisition of each icebreaker, for Section 290(a) of title 14, United States (A) in paragraph (1)(D), by striking ‘‘en- each fiscal year, until the full fleet is recapi- Code, is amended by striking ‘‘five officers gine’’ and inserting ‘‘engineer’’; and talized; serving in the grade of vice admiral’’ and in- (B) in paragraph (9), by inserting a period (4) describe the potential savings of serial serting ‘‘5 officers (other than the Com- after ‘‘App’’. acquisition for new polar class icebreakers, mandant) serving in the grade of admiral or (b) EFFECTIVE DATE.—The amendments including specific schedule and acquisition vice admiral’’. made by subsection (a) shall take effect on requirements needed to realize such savings; (5) describe any polar icebreaking capacity SEC. 3527. PROSPECTIVE PAYMENT OF FUNDS the date of the enactment of the Coast Guard NECESSARY TO PROVIDE MEDICAL Authorization Act of 2015 (Public Law 114– gaps that may arise based on the current CARE. 120). fleet and current procurement outlook; and (a) IN GENERAL.—Chapter 13 of title 14, (6) describe any additional polar SEC. 3529. COAST GUARD USE OF THE PRIBILOF icebreaking capability gaps due to any fur- United States Code, is amended by adding at ISLANDS. ther delay in procurement schedules. the end the following: (a) IN GENERAL.—Section 522(a)(1) of the ‘‘§ 520. Prospective payment of funds nec- Pribilof Island Transition Completion Act of SEC. 3534. GAO REPORT ICEBREAKING CAPA- BILITY IN THE UNITED STATES. essary to provide medical care 2015 (subtitle B of title V of Public Law 114– (a) REQUIREMENT.—Not later than 6 months ‘‘(a) PROSPECTIVE PAYMENT REQUIRED.—In 120) is amended by striking ‘‘Lots’’ and in- after the date of the enactment of this Act, lieu of the reimbursement required under serting ‘‘Not later than 30 days after the date the Comptroller General of the United States section 1085 of title 10, the Secretary of of the enactment of the National Defense shall submit to the appropriate committees Homeland Security shall make a prospective Authorization Act for Fiscal Year 2017, lots’’. of Congress a report on the current state of payment to the Secretary of Defense of an (b) REPORT.—Not later than 60 days after the United States Federal polar icebreaking amount that represents the actuarial valu- the date of the enactment of the Maritime fleet. ation of treatment or care— Administration Authorization and Enhance- (b) CONTENTS.—The report required by sub- ‘‘(1) that the Department of Defense shall ment Act for Fiscal Year 2017, the Secretary section (a) shall include— provide to members of the Coast Guard, of the department in which the Coast Guard (1) an analysis of the icebreaking assets in former members of the Coast Guard, and de- is operating shall submit a report to the operation in the United States and a descrip- pendents of such members and former mem- Committee on Commerce, Science, and tion of the missions completed by such as- bers (other than former members and de- Transportation of the Senate, the Com- sets; pendents of former members who are a Medi- mittee on Natural Resources of the House of (2) an analysis of how such assets and the care-eligible beneficiary or for whom the Representatives, and the Committee on capabilities of such assets are consistent, or payment for treatment or care is made from Transportation and Infrastructure of the inconsistent, with the polar icebreaking mis- the Medicare-Eligible Retiree Health Care House of Representatives that describes— sion requirements described in the 2013 De- Fund) at facilities under the jurisdiction of (1) the Coast Guard’s use of Tracts 43 and partment of Homeland Security Mission the Department of Defense or a military de- 39, located on St. Paul Island, Alaska, since Need Statement, the Naval Operations Con- partment; and operation of the LORAN-C system was ter- cept 2010, or other military and civilian gov- ‘‘(2) for which a reimbursement would oth- minated; ernmental missions in the United States; erwise be made under such section 1085. (2) the Coast Guard’s plans for using the (3) an analysis of the gaps in icebreaking ‘‘(b) AMOUNT.—The amount of the prospec- tracts described in paragraph (1) during fis- capability of the United States based on the tive payment under subsection (a)— cal years 2016, 2017, and 2018; and expected service life of the fleet of United ‘‘(1) shall be derived from amounts appro- (3) the Coast Guard’s plans for using the States icebreaking assets; priated for the operating expenses of the tracts described in paragraph (1) and other (4) a list of countries that are allies of the Coast Guard for treatment or care provided facilities on St. Paul Island after fiscal year United States that have the icebreaking ca- to members of the Coast Guard and their de- 2018. pacity to exercise missions in the Arctic dur- pendents; Subtitle F—Polar Icebreaker Fleet ing any identified gap in United States ‘‘(2) shall be derived from amounts appro- Recapitalization Transparency Act icebreaking capacity in a polar region; and priated for retired pay for treatment or care (5) a description of the policy, financial, SEC. 3531. SHORT TITLE. provided to former members of the Coast and other barriers that have prevented time- Guard and their dependents; This subtitle may be cited as the ‘‘Polar ly recapitalization of the Coast Guard polar ‘‘(3) shall be determined under procedures Icebreaker Fleet Recapitalization Trans- icebreaking fleet and recommendations to established by the Secretary of Defense; parency Act’’. overcome such barriers, including potential ‘‘(4) shall be paid during the fiscal year in SEC. 3532. DEFINITIONS. international fee-based models used to com- which treatment or care is provided; and In this subtitle: pensate governments for icebreaking escorts ‘‘(5) shall be subject to adjustment or rec- (1) APPROPRIATE COMMITTEES OF CON- or maintenance of maritime routes. onciliation, as the Secretary of Homeland GRESS.—The term ‘‘appropriate committees Subtitle G—National Oceanic and Atmos- Security and the Secretary of Defense joint- of Congress’’ means the Committee on Com- pheric Administration Sexual Harassment ly determine appropriate, during or prompt- merce, Science, and Transportation of the and Assault Prevention Act ly after such fiscal year if the prospective Senate and the Committee on Transpor- SEC. 3540. SHORT TITLE. tation and Infrastructure of the House of payment is determined excessive or insuffi- This subtitle may be cited as the ‘‘Na- Representatives. cient based on the services actually pro- tional Oceanic and Atmospheric Administra- vided. (2) SECRETARY.—Except as otherwise spe- tion Sexual Harassment and Assault Preven- ‘‘(c) NO PROSPECTIVE PAYMENT WHEN SERV- cifically provided, the term ‘‘Secretary’’ tion Act’’. ICE IN NAVY.—No prospective payment shall means the Secretary of the department in be made under this section for any period which the Coast Guard is operating. PART I—SEXUAL HARASSMENT AND AS- during which the Coast Guard operates as a SAULT PREVENTION AT THE NATIONAL SEC. 3533. POLAR ICEBREAKER RECAPITALIZA- OCEANIC AND ATMOSPHERIC ADMINIS- service in the Navy. TION PLAN. TRATION ‘‘(d) RELATIONSHIP TO TRICARE.—This sec- (a) REQUIREMENT.—Not later than 120 days tion may not be construed to require a pay- after the date of the enactment of this Act, SEC. 3541. ACTIONS TO ADDRESS SEXUAL HAR- ASSMENT AT NATIONAL OCEANIC ment for, or the prospective payment of an the Secretary, in consultation with the Sec- amount that represents the value of, treat- AND ATMOSPHERIC ADMINISTRA- retary of the Navy, shall submit to the ap- TION. ment or care provided under any TRICARE propriate committees of Congress, a detailed (a) REQUIRED POLICY.—Not later than 1 program.’’. recapitalization plan to meet the 2013 De- year after the date of the enactment of this (b) CLERICAL AMENDMENT.—The analysis partment of Homeland Security Mission Act, the Secretary of Commerce shall, acting for chapter 13 of title 14, United States Code, Need Statement. through the Under Secretary for Oceans and is amended by adding at the end the fol- (b) CONTENTS.—The plan required by sub- Atmosphere, develop a policy on the preven- lowing: section (a) shall— tion of and response to sexual harassment in- ‘‘520. Prospective payment of funds necessary (1) detail the number of heavy and medium volving employees of the National Oceanic to provide medical care.’’. polar icebreakers required to meet Coast and Atmospheric Administration, members (c) REPEAL.—Section 217 of the Coast Guard statutory missions in the polar re- of the commissioned officer corps of the Ad- Guard Authorization Act of 2016 (Public Law gions; ministration, and individuals who work with

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.026 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3184 CONGRESSIONAL RECORD — SENATE May 25, 2016 or conduct business on behalf of the Admin- ment of this Act, the Secretary of Commerce (B) in each marine and aviation center of istration. shall, acting through the Under Secretary the Administration. (b) MATTERS TO BE SPECIFIED IN POLICY.— for Oceans and Atmosphere, develop a com- (5) HOTLINE.— The policy developed under subsection (a) prehensive policy on the prevention of and (A) IN GENERAL.—In carrying out this sub- shall include— response to sexual assaults involving em- section, the Secretary shall establish a tele- (1) establishment of a program to promote ployees of the National Oceanic and Atmos- phone number at which a victim of a sexual awareness of the incidence of sexual harass- pheric Administration, members of the com- assault can contact a victim advocate. ment; missioned officer corps of the Administra- (B) 24-HOUR ACCESS.—The Secretary shall (2) clear procedures an individual should tion, and individuals who work with or con- ensure that the telephone number estab- follow in the case of an occurrence of sexual duct business on behalf of the Administra- lished under subparagraph (A) is monitored harassment, including— tion. at all times. (A) a specification of the person or persons (b) ELEMENTS OF COMPREHENSIVE POLICY.— (6) FORMAL RELATIONSHIPS WITH OTHER EN- The comprehensive policy developed under to whom an alleged occurrence of sexual har- TITIES.—The Secretary may enter into for- assment should be reported by an individual subsection (a) shall, at minimum, address mal relationships with other entities to and options for confidential reporting, in- the following matters: make available additional victim advocates. (1) Prevention measures. cluding— (d) AVAILABILITY OF POLICY.—The Sec- (i) options and contact information for (2) Education and training on prevention retary shall ensure that the policy developed after-hours contact; and and response. under subsection (a) is available to— (3) A list of support resources an individual (ii) procedure for obtaining assistance and (1) all employees of the Administration and may use in the occurrence of sexual assault, reporting sexual harassment while working members of the commissioned officer corps including— in a remote scientific field camp, at sea, or of the Administration, including those em- (A) options and contact information for in another field status; and ployees and members who conduct field work after-hours contact; and (B) a specification of any other person for the Administration; and (B) procedure for obtaining assistance and whom the victim should contact; (2) the public. reporting sexual assault while working in a (3) establishment of a mechanism by (e) CONSULTATION AND ASSISTANCE.—In de- remote scientific field camp, at sea, or in an- which— veloping the policy required by subsection other field status. (A) questions regarding sexual harassment (a), the Secretary may consult or receive as- (4) Easy and ready availability of informa- can be confidentially asked and confiden- sistance from such State, local, and national tion described in paragraph (3). tially answered; and organizations and subject matter experts as (5) Establishing a mechanism by which— (B) incidents of sexual harassment can be (A) questions regarding sexual assault can the Secretary considers appropriate. confidentially reported; and be confidentially asked and confidentially SEC. 3543. RIGHTS OF THE VICTIM OF A SEXUAL (4) a prohibition on retaliation and con- answered; and ASSAULT. sequences for retaliatory actions. (B) incidents of sexual assault can be con- A victim of a sexual assault covered by the (c) CONSULTATION AND ASSISTANCE.—In de- comprehensive policy developed under sec- veloping the policy required by subsection fidentially reported. (6) Protocols for the investigation of com- tion 3542(a) has the right to be reasonably (a), the Secretary may consult or receive as- protected from the accused. sistance from such State, local, and national plaints by command and law enforcement SEC. 3544. CHANGE OF STATION. organizations and subject matter experts as personnel. (a) CHANGE OF STATION, UNIT TRANSFER, OR the Secretary considers appropriate. (7) Prohibiting retaliation and con- CHANGE OF WORK LOCATION OF VICTIMS.— (d) AVAILABILITY OF POLICY.—The Sec- sequences for retaliatory actions against retary shall ensure that the policy developed someone who reports a sexual assault. (1) TIMELY CONSIDERATION AND ACTION UPON under subsection (a) is available to— (8) Oversight by the Under Secretary of ad- REQUEST.—The Secretary of Commerce, act- (1) all employees of the Administration and ministrative and disciplinary actions in re- ing through the Under Secretary for Oceans members of the commissioned officer corps sponse to substantial incidents of sexual as- and Atmosphere, shall— of the Administration, including those em- sault. (A) in the case of a member of the commis- ployees and members who conduct field work (9) Victim advocacy, including establish- sioned officer corps of the National Oceanic for the Administration; and ment of and the responsibilities and training and Atmospheric Administration who was a (2) the public. requirements for victim advocates as de- victim of a sexual assault, in order to reduce (e) GEOGRAPHIC DISTRIBUTION OF EQUAL EM- scribed in subsection (c). the possibility of retaliation or further sex- PLOYMENT OPPORTUNITY PERSONNEL.—The (10) Availability of resources for victims of ual assault, provide for timely determina- Secretary shall ensure that at least 1 em- sexual assault within other Federal agencies tion and action on an application submitted ployee of the Administration who is tasked and State, local, and national organizations. by the victim for consideration of a change with handling matters relating to equal em- (c) VICTIM ADVOCACY.— of station or unit transfer of the victim; and ployment opportunity or sexual harassment (1) IN GENERAL.—The Secretary, acting (B) in the case of an employee of the Ad- is stationed— through the Under Secretary, shall establish ministration who was a victim of a sexual (1) in each region in which the Administra- victim advocates to advocate for victims of assault, to the degree practicable and in tion conducts operations; and sexual assaults involving employees of the order to reduce the possibility of retaliation (2) in each marine and aviation center of Administration, members of the commis- against the employee for reporting the sex- the Administration. sioned officer corps of the Administration, ual assault, accommodate a request for a (f) QUARTERLY REPORTS.— and individuals who work with or conduct change of work location of the victim. (1) IN GENERAL.—Not less frequently than 4 business on behalf of the Administration. (2) PROCEDURES.— times each year, the Director of the Civil (2) VICTIM ADVOCATES.—For purposes of (A) PERIOD FOR APPROVAL AND DIS- Rights Office of the Administration shall this subsection, a victim advocate is a per- APPROVAL.—The Secretary, acting through submit to the Under Secretary a report on manent employee of the Administration the Under Secretary, shall ensure that an ap- sexual harassment in the Administration. who— plication or request submitted under para- (2) CONTENTS.—Each report submitted (A) is trained in matters relating to sexual graph (1) for a change of station, unit trans- under paragraph (1) shall include the fol- assault and the comprehensive policy devel- fer, or change of work location is approved lowing: oped under subsection (a); and or denied within 72 hours of the submission (A) Number of sexual harassment cases, (B) serves as a victim advocate voluntarily of the application or request. both actionable and non-actionable, involv- and in addition to the employee’s other du- (B) REVIEW.—If an application or request ing individuals covered by the policy devel- ties as an employee of the Administration. submitted under paragraph (1) by a victim of oped under subsection (a). (3) PRIMARY DUTIES.—The primary duties of a sexual assault for a change of station, unit (B) Number of open actionable sexual har- a victim advocate established under para- transfer, or change of work location of the assment cases and how long the cases have graph (1) shall include the following: victim is denied— been open. (A) Supporting victims of sexual assault (i) the victim may request the Secretary (C) Such trends or region specific issues as and informing them of their rights and the review the denial; and the Director may have discovered with re- resources available to them as victims. (ii) the Secretary, acting through the spect to sexual harassment in the Adminis- (B) Acting as a companion in navigating Under Secretary, shall, not later than 72 tration. investigative, medical, mental and emo- hours after receiving such request, affirm or (D) Such recommendations as the Director tional health, and recovery processes relat- overturn the denial. may have with respect to sexual harassment ing to sexual assault. (b) CHANGE OF STATION, UNIT TRANSFER, in the Administration. (C) Helping to identify resources to ensure AND CHANGE OF WORK LOCATION OF ALLEGED SEC. 3542. ACTIONS TO ADDRESS SEXUAL AS- the safety of victims of sexual assault. PERPETRATORS.— SAULT AT NATIONAL OCEANIC AND (4) LOCATION.—The Secretary shall ensure (1) IN GENERAL.—The Secretary, acting ATMOSPHERIC ADMINISTRATION. that at least 1 victim advocate established through the Under Secretary, shall develop a (a) COMPREHENSIVE POLICY ON PREVENTION under paragraph (1) is stationed— policy for the protection of victims of sexual AND RESPONSE TO SEXUAL ASSAULTS.—Not (A) in each region in which the Adminis- assault described in subsection (a)(1) by pro- later than 1 year after the date of the enact- tration conducts operations; and viding the alleged perpetrator of the sexual

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OBLIGATED SERVICE REQUIREMENT. fer, or change of work location, as the case to, or repeal of, a section or other provision, ‘‘(a) IN GENERAL.— may be, if the alleged perpetrator is a mem- the reference shall be considered to be made ‘‘(1) RULEMAKING.—The Secretary shall ber of the commissioned officer corps of the to a section or other provision of the Na- prescribe the obligated service requirements Administration or an employee of the Ad- tional Oceanic and Atmospheric Administra- for appointments, training, promotions, sep- ministration. tion Commissioned Officer Corps Act of 2002 arations, continuations, and retirement of (2) POLICY REQUIREMENTS.—The policy re- (33 U.S.C. 3001 et seq.). officers not otherwise covered by law. quired by paragraph (1) shall include the fol- Subpart A—General Provisions ‘‘(2) WRITTEN AGREEMENTS.—The Secretary lowing: SEC. 3551. STRENGTH AND DISTRIBUTION IN and officers shall enter into written agree- (A) A means to control access to the vic- GRADE. ments that describe the officers’ obligated tim. Section 214 (33 U.S.C. 3004) is amended to service requirements prescribed under para- (B) Due process for the victim and the al- read as follows: graph (1) in return for such appointments, leged perpetrator. ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN training, promotions, separations, and re- (c) REGULATIONS.— GRADE. tirements as the Secretary considers appro- (1) IN GENERAL.—The Secretary shall pro- ‘‘(a) GRADES.—The commissioned grades in priate. mulgate regulations to carry out this sec- the commissioned officer corps of the Ad- ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY tion. ministration are the following, in relative REQUIREMENTS.— (2) CONSISTENCY.—When practicable, the rank with officers of the Navy: ‘‘(1) IN GENERAL.—The Secretary may re- Secretary shall make regulations promul- ‘‘(1) Vice admiral. quire an officer who fails to meet the service gated under this section consistent with ‘‘(2) Rear admiral. requirements prescribed under subsection similar regulations promulgated by the Sec- ‘‘(3) Rear admiral (lower half). (a)(1) to reimburse the Secretary in an retary of Defense. ‘‘(4) Captain. amount that bears the same ratio to the SEC. 3545. APPLICABILITY OF POLICIES TO ‘‘(5) Commander. total costs of the training provided to that CREWS OF VESSELS SECURED BY ‘‘(6) Lieutenant commander. officer by the Secretary as the unserved por- NATIONAL OCEANIC AND ATMOS- ‘‘(7) Lieutenant. tion of active duty bears to the total period PHERIC ADMINISTRATION UNDER ‘‘(8) Lieutenant (junior grade). of active duty the officer agreed to serve. CONTRACT. ‘‘(9) Ensign. ‘‘(2) OBLIGATION AS DEBT TO UNITED The Under Secretary for Oceans and At- ‘‘(b) GRADE DISTRIBUTION.—The Secretary STATES.—An obligation to reimburse the mosphere shall ensure that each contract shall prescribe, with respect to the distribu- Secretary under paragraph (1) shall be con- into which the Under Secretary enters for tion on the lineal list in grade, the percent- sidered for all purposes as a debt owed to the the use of a vessel by the National Oceanic ages applicable to the grades set forth in United States. and Atmospheric Administration that covers subsection (a). ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis- the crew of the vessel, if any, shall include as ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN charge in bankruptcy under title 11 that is a condition of the contract a provision that GRADE.— entered less than 5 years after the termi- subjects such crew to the policy developed ‘‘(1) IN GENERAL.—Not less frequently than nation of a written agreement entered into under section 3541(a) and the comprehensive once each year, the Secretary shall make a under subsection (a)(2) does not discharge policy developed under section 3542(a). computation to determine the number of of- the individual signing the agreement from a SEC. 3546. ANNUAL REPORT ON SEXUAL AS- ficers on the lineal list authorized to be serv- debt arising under such agreement. SAULTS IN THE NATIONAL OCEANIC ing in each grade. ‘‘(c) WAIVER OR SUSPENSION OF COMPLI- AND ATMOSPHERIC ADMINISTRA- ‘‘(2) METHOD OF COMPUTATION.—The number ANCE.—The Secretary may waive the service TION. in each grade shall be computed by applying obligation of an officer who— (a) IN GENERAL.—Not later than January 15 the applicable percentage to the total num- ‘‘(1) becomes unqualified to serve on active of each year, the Secretary of Commerce ber of such officers serving on active duty on shall submit to the Committee on Com- duty in the commissioned officer corps of the the date the computation is made. merce, Science, and Transportation of the Administration because of a circumstance ‘‘(3) FRACTIONS.—If a final fraction occurs Senate and the Committee on Natural Re- not within the control of that officer; or in computing the authorized number of offi- sources of the House of Representatives a re- cers in a grade, the nearest whole number ‘‘(2) is— port on the sexual assaults involving em- ‘‘(A) not physically qualified for appoint- shall be taken. If the fraction is 1⁄2, the next ployees of the National Oceanic and Atmos- higher whole number shall be taken. ment; and pheric Administration, members of the com- ‘‘(d) TEMPORARY INCREASE IN NUMBERS.— ‘‘(B) determined to be unqualified for serv- missioned officer corps of the Administra- The total number of officers authorized by ice in the commissioned officer corps of the tion, and individuals who work with or con- law to be on the lineal list during a fiscal Administration because of a physical or duct business on behalf of the Administra- year may be temporarily exceeded if the av- medical condition that was not the result of tion. erage number on that list during that fiscal the officer’s own misconduct or grossly neg- (b) CONTENTS.—Each report submitted year does not exceed the authorized number. ligent conduct.’’. under subsection (a) shall include, with re- ‘‘(e) POSITIONS OF IMPORTANCE AND RESPON- (b) CLERICAL AMENDMENT.—The table of spect to the previous calendar year, the fol- SIBILITY.—Officers serving in positions des- sections in section 1 of the Act entitled ‘‘An lowing: ignated under section 228(a) and officers re- Act to authorize the Hydrographic Services (1) The number of alleged sexual assaults called from retired status shall not be count- Improvement Act of 1998, and for other pur- involving employees, members, and individ- ed when computing authorized strengths poses’’ (Public Law 107–372) is amended by in- uals described in subsection (a). under subsection (c) and shall not count serting after the item relating to section 215 (2) A synopsis of each case and the discipli- against those strengths. the following: nary action taken, if any, in each case. ‘‘(f) PRESERVATION OF GRADE AND PAY.—No ‘‘Sec. 216. Obligated service requirement.’’. (3) The policies, procedures, and processes officer may be reduced in grade or pay or SEC. 3554. TRAINING AND PHYSICAL FITNESS. implemented by the Secretary, and any up- separated from the commissioned officer (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 dates or revisions to such policies, proce- corps of the Administration as the result of et seq.), as amended by section 3553(a), is fur- dures, and processes. a computation made to determine the au- (4) A summary of the reports received by thorized number of officers in the various ther amended by adding at the end the fol- the Under Secretary for Oceans and Atmos- grades.’’. lowing: phere under section 3541(f). SEC. 3552. RECALLED OFFICERS. ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS. (c) PRIVACY PROTECTION.—In preparing and Section 215 (33 U.S.C. 3005) is amended— ‘‘(a) TRAINING.—The Secretary may take submitting a report under subsection (a), the (1) in the matter before paragraph (1), by such measures as may be necessary to ensure Secretary shall ensure that no individual in- striking ‘‘Effective’’ and inserting the fol- that officers are prepared to carry out their volved in an alleged sexual assault can be lowing: duties in the commissioned officer corps of identified by the contents of the report. ‘‘(a) IN GENERAL.—Effective’’; and the Administration and proficient in the SEC. 3547. DEFINITION. (2) by adding at the end the following new skills necessary to carry out such duties. In this part, the term ‘‘sexual assault’’ subsection: Such measures may include the following: shall have the meaning given such term in ‘‘(b) POSITIONS OF IMPORTANCE AND RESPON- ‘‘(1) Carrying out training programs and section 40002(a) of the Violence Against SIBILITY.—Officers serving in positions des- correspondence courses, including estab- Women Act of 1994 (42 U.S.C. 13925(a)). ignated under section 228 and officers re- lishing and operating a basic officer training PART II—COMMISSIONED OFFICER CORPS called from retired status— program to provide initial indoctrination OF THE NATIONAL OCEANIC AND AT- ‘‘(1) may not be counted in determining the and maritime vocational training for officer MOSPHERIC ADMINISTRATION total number of authorized officers on the candidates as well as refresher training, mid- lineal list under this section; and career training, aviation training, and such SEC. 3550. REFERENCES TO NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- ‘‘(2) may not count against such number.’’. other training as the Secretary considers TION COMMISSIONED OFFICER SEC. 3553. OBLIGATED SERVICE REQUIREMENT. necessary for officer development and pro- CORPS ACT OF 2002. (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 ficiency. Except as otherwise expressly provided, et seq.) is amended by adding at the end the ‘‘(2) Providing officers and officer can- whenever in this part an amendment or re- following: didates with books and school supplies.

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‘‘(3) Acquiring such equipment as may be Subpart B—Parity and Recruitment ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer necessary for training and instructional pur- SEC. 3558. EDUCATION LOANS. who is relieved of the officer’s active duty poses. (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 obligation under this section before the com- ‘‘(b) PHYSICAL FITNESS.—The Secretary et seq.) is amended by adding at the end the pletion of that obligation may be given any shall ensure that officers maintain a high following: alternative obligation, at the discretion of physical state of readiness by establishing ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO- the Secretary. standards of physical fitness for officers that GRAM. ‘‘(2) REPAYMENT.—An officer who does not are substantially equivalent to those pre- ‘‘(a) AUTHORITY TO REPAY EDUCATION complete the period of active duty specified scribed for officers in the Coast Guard.’’. LOANS.—For the purpose of maintaining ade- in the agreement entered into under sub- (b) CLERICAL AMENDMENT.—The table of quate numbers of officers of the commis- section (b)(3), or the alternative obligation sections in section 1 of the Act entitled ‘‘An sioned officer corps of the Administration on imposed under paragraph (1), shall be subject Act to authorize the Hydrographic Services active duty who have skills required by the to the repayment provisions under section Improvement Act of 1998, and for other pur- commissioned officer corps, the Secretary 216. poses’’ (Public Law 107–372), as amended by may repay, in the case of a person described ‘‘(g) RULEMAKING.—The Secretary shall section 3553(b), is further amended by insert- in subsection (b), a loan that— prescribe regulations to carry out this sec- ing after the item relating to section 216 the ‘‘(1) was used by the person to finance edu- tion, including— following: cation; and ‘‘(1) standards for qualified loans and au- ‘‘(2) was obtained from a governmental en- thorized payees; and ‘‘Sec. 217. Training and physical fitness.’’. tity, private financial institution, edu- ‘‘(2) other terms and conditions for the SEC. 3555. RECRUITING MATERIALS. cational institution, or other authorized en- making of loan repayments.’’. (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001 tity. (b) CLERICAL AMENDMENT.—The table of et seq.), as amended by section 3554(a), is fur- ‘‘(b) ELIGIBLE PERSONS.—To be eligible to sections in section 1 of the Act entitled ‘‘An ther amended by adding at the end the fol- obtain a loan repayment under this section, Act to authorize the Hydrographic Services lowing: a person must— Improvement Act of 1998, and for other pur- ‘‘SEC. 218. USE OF RECRUITING MATERIALS FOR ‘‘(1) satisfy 1 of the requirements specified poses’’ (Public Law 107–372) is amended by in- PUBLIC RELATIONS. in subsection (c); serting after the item relating to section 266 ‘‘The Secretary may use for public rela- ‘‘(2) be fully qualified for, or hold, an ap- the following: tions purposes of the Department of Com- pointment as a commissioned officer in the ‘‘Sec. 267. Education loan repayment pro- merce any advertising materials developed commissioned officer corps of the Adminis- gram.’’. tration; and for use for recruitment and retention of per- SEC. 3559. INTEREST PAYMENTS. ‘‘(3) sign a written agreement to serve on sonnel for the commissioned officer corps of (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 active duty, or, if on active duty, to remain the Administration. Any such use shall be et seq.), as amended by section 3558(a), is fur- on active duty for a period in addition to any under such conditions and subject to such re- ther amended by adding at the end the fol- strictions as the Secretary shall prescribe.’’. other incurred active duty obligation. ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE- lowing: (b) CLERICAL AMENDMENT.—The table of MENTS.—One of the following academic re- ‘‘SEC. 268. INTEREST PAYMENT PROGRAM. sections in section 1 of the Act entitled ‘‘An quirements must be satisfied for purposes of ‘‘(a) AUTHORITY.—The Secretary may pay Act to authorize the Hydrographic Services determining the eligibility of an individual the interest and any special allowances that Improvement Act of 1998, and for other pur- for a loan repayment under this section: accrue on 1 or more student loans of an eligi- poses’’ (Public Law 107–372), as amended by ‘‘(1) The person is fully qualified in a pro- ble officer, in accordance with this section. section 3554(b), is further amended by insert- fession that the Secretary has determined to ‘‘(b) ELIGIBLE OFFICERS.—An officer is eli- ing after the item relating to section 217 the be necessary to meet identified skill short- gible for the benefit described in subsection following: ages in the commissioned officer corps. (a) while the officer— ‘‘Sec. 218. Use of recruiting materials for ‘‘(2) The person is enrolled as a full-time ‘‘(1) is serving on active duty; public relations.’’. student in the final year of a course of study ‘‘(2) has not completed more than 3 years SEC. 3556. CHARTER VESSEL SAFETY POLICY. at an accredited educational institution (as of service on active duty; ‘‘(3) is the debtor on 1 or more unpaid loans (a) POLICY REQUIRED.—Not later than 1 determined by the Secretary of Education) year after the date of the enactment of this leading to a degree in a profession that will described in subsection (c); and Act, the Secretary of Commerce shall, acting meet identified skill shortages in the com- ‘‘(4) is not in default on any such loan. TUDENT LOANS.—The authority to through the Under Secretary for Oceans and missioned officer corps. ‘‘(c) S make payments under subsection (a) may be Atmosphere, develop and implement a char- ‘‘(d) LOAN REPAYMENTS.— exercised with respect to the following loans: ter vessel safety policy applicable to the ac- ‘‘(1) IN GENERAL.—Subject to the limits es- ‘‘(1) A loan made, insured, or guaranteed quisition by the National Oceanic and At- tablished under paragraph (2), a loan repay- under part B of title IV of the Higher Edu- mospheric Administration of charter vessel ment under this section may consist of the cation Act of 1965 (20 U.S.C. 1071 et seq.). services. payment of the principal, interest, and related expenses of a loan obtained by a person ‘‘(2) A loan made under part D of such title (b) ELEMENTS.—The policy required by sub- (20 U.S.C. 1087a et seq.). section (a) shall address vessel safety, oper- described in subsection (b). ‘‘(3) A loan made under part E of such title ational safety, and basic personnel safety re- ‘‘(2) LIMITATION ON AMOUNT.—For each year (20 U.S.C. 1087aa et seq.). quirements applicable to the vessel size, of obligated service that a person agrees to ‘‘(d) MAXIMUM BENEFIT.—Interest and any type, and intended use. At a minimum, the serve in an agreement described in sub- special allowance may be paid on behalf of policy shall include the following: section (b)(3), the Secretary may pay not an officer under this section for any of the 36 (1) Basic vessel safety requirements that more than the amount specified in section consecutive months during which the officer address stability, egress, fire protection and 2173(e)(2) of title 10, United States Code. ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.— is eligible under subsection (b). lifesaving equipment, hazardous materials, ‘‘(1) IN GENERAL.—A person entering into ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary and pollution control. an agreement described in subsection (b)(3) may use amounts appropriated for the pay (2) Personnel safety requirements that ad- incurs an active duty service obligation. and allowances of personnel of the commis- dress crew qualifications, medical training ‘‘(2) LENGTH OF OBLIGATION DETERMINED sioned officer corps of the Administration for and services, safety briefings and drills, and UNDER REGULATIONS.— payments under this section. crew habitability. ‘‘(A) IN GENERAL.—Except as provided in ‘‘(f) COORDINATION WITH SECRETARY OF (c) LIMITATION.—The Secretary shall en- subparagraph (B), the length of the obliga- EDUCATION.— sure that the basic vessel safety require- tion under paragraph (1) shall be determined ‘‘(1) IN GENERAL.—The Secretary shall con- ments and personnel safety requirements in- under regulations prescribed by the Sec- sult with the Secretary of Education regard- cluded in the policy required by subsection retary. ing the administration of this section. (a)— ‘‘(B) MINIMUM OBLIGATION.—The regula- ‘‘(2) TRANSFER OF FUNDS.—The Secretary (1) do not exceed the vessel safety require- tions prescribed under subparagraph (A) may shall transfer to the Secretary of Education ments and personnel safety requirements not provide for a period of obligation of less the funds necessary— promulgated by the Secretary of the depart- than 1 year for each maximum annual ‘‘(A) to pay interest and special allowances ment in which the Coast Guard is operating; amount, or portion thereof, paid on behalf of on student loans under this section (in ac- and the person for qualified loans. cordance with sections 428(o), 455(l), and (2) to the degree practicable, are consistent ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN- 464(j) of the Higher Education Act of 1965 (20 with the requirements described in para- TERING INTO AGREEMENT.—The active duty U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and graph (1). service obligation of persons on active duty ‘‘(B) to reimburse the Secretary of Edu- SEC. 3557. TECHNICAL CORRECTION. before entering into the agreement shall be cation for any reasonable administrative Section 101(21)(C) of title 38, United States served after the conclusion of any other obli- costs incurred by the Secretary in coordi- Code, is amended by inserting ‘‘in the com- gation incurred under the agreement. nating the program under this section with missioned officer corps’’ before ‘‘of the Na- ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI- the administration of the student loan pro- tional’’. GATION.— grams under parts B, D, and E of title IV of

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.026 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3187 the Higher Education Act of 1965 (20 U.S.C. between the person and the Secretary in agreement entered into under subsection 1071 et seq., 1087a et seq., 1087aa et seq.). which the person agrees— (b)(1)(C) if the person— ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this ‘‘(A) to accept an appointment as an offi- ‘‘(A) becomes unqualified to serve on ac- section, the term ‘special allowance’ means a cer, if tendered; and tive duty in the commissioned officer corps special allowance that is payable under sec- ‘‘(B) upon completion of the person’s edu- of the Administration because of a cir- tion 438 of the Higher Education Act of 1965 cational program, agrees to serve on active cumstance not within the control of that (20 U.S.C. 1087–1).’’. duty, immediately after appointment, for— person; or (b) CONFORMING AMENDMENTS.— ‘‘(i) up to 3 years if the person received less ‘‘(B) is— (1) Section 428(o) of the Higher Education than 3 years of assistance; and ‘‘(i) not physically qualified for appoint- Act of 1965 (20 U.S.C. 1078(o)) is amended— ‘‘(ii) up to 5 years if the person received at ment; and (A) by striking the subsection heading and least 3 years of assistance. ‘‘(ii) determined to be unqualified for serv- inserting ‘‘ARMED FORCES AND NOAA COM- ‘‘(c) QUALIFYING EXPENSES.—Expenses for ice in the commissioned officer corps of the MISSIONED OFFICER CORPS STUDENT LOAN IN- which financial assistance may be provided Administration because of a physical or TEREST PAYMENT PROGRAMS’’; and under subsection (a) are the following: medical condition that was not the result of (B) in paragraph (1)— ‘‘(1) Tuition and fees charged by the edu- the person’s own misconduct or grossly neg- (i) by inserting ‘‘or section 264 of the Na- cational institution involved. ligent conduct. tional Oceanic and Atmospheric Administra- ‘‘(2) The cost of books. ‘‘(4) OBLIGATION AS DEBT TO UNITED tion Commissioned Officer Corps Act of 2002’’ ‘‘(3) In the case of a program of education STATES.—An obligation to reimburse the after ‘‘Code,’’; and leading to a baccalaureate degree, labora- Secretary imposed under paragraph (2) is, for (ii) by inserting ‘‘or an officer in the com- tory expenses. all purposes, a debt owed to the United missioned officer corps of the National Oce- ‘‘(4) Such other expenses as the Secretary States. anic and Atmospheric Administration, re- considers appropriate. ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis- spectively,’’ after ‘‘Armed Forces’’. ‘‘(d) LIMITATION ON AMOUNT.—The Sec- charge in bankruptcy under title 11, United (2) Sections 455(l) and 464(j) of the Higher retary shall prescribe the amount of finan- States Code, that is entered less than 5 years Education Act of 1965 (20 U.S.C. 1087e(l) and cial assistance provided to a person under after the termination of a written agreement 1087dd(j)) are each amended— subsection (a), which may not exceed the entered into under subsection (b)(1)(C) does (A) by striking the subsection heading and amount specified in section 2173(e)(2) of title not discharge the person signing the agree- inserting ‘‘ARMED FORCES AND NOAA COM- 10, United States Code, for each year of obli- ment from a debt arising under such agree- MISSIONED OFFICER CORPS STUDENT LOAN IN- gated service that a person agrees to serve in ment or under paragraph (2). TEREST PAYMENT PROGRAMS’’; and an agreement described in subsection (b)(2). ‘‘(i) REGULATIONS.—The Secretary may ‘‘(e) DURATION OF ASSISTANCE.—Financial (B) in paragraph (1)— promulgate such regulations and orders as assistance may be provided to a person under (i) by inserting ‘‘or section 264 of the Na- the Secretary considers appropriate to carry subsection (a) for not more than 5 consecu- tional Oceanic and Atmospheric Administra- out this section.’’. tive academic years. tion Commissioned Officer Corps Act of 2002’’ (b) CLERICAL AMENDMENT.—The table of ‘‘(f) SUBSISTENCE ALLOWANCE.— after ‘‘Code,’’; and sections in section 1 of the Act entitled ‘‘An ‘‘(1) IN GENERAL.—A person who receives fi- (ii) by inserting ‘‘or an officer in the com- nancial assistance under subsection (a) shall Act to authorize the Hydrographic Services missioned officer corps of the National Oce- be entitled to a monthly subsistence allow- Improvement Act of 1998, and for other pur- anic and Atmospheric Administration, re- ance at a rate prescribed under paragraph (2) poses’’ (Public Law 107–372), as amended by spectively’’ after ‘‘Armed Forces’’. for the duration of the period for which the section 3559(c), is further amended by insert- (c) CLERICAL AMENDMENT.—The table of person receives such financial assistance. ing after the item relating to section 268 the sections in section 1 of the Act entitled ‘‘An following: ‘‘(2) DETERMINATION OF AMOUNT.—The Sec- Act to authorize the Hydrographic Services retary shall prescribe monthly rates for sub- ‘‘Sec. 269. Student pre-commissioning edu- Improvement Act of 1998, and for other pur- sistence allowance provided under paragraph cation assistance program.’’. poses’’ (Public Law 107–372), as amended by (1), which shall be equal to the amount speci- section 3558(b), is further amended by insert- SEC. 3561. LIMITATION ON EDUCATIONAL ASSIST- fied in section 2144(a) of title 10, United ANCE. ing after the item relating to section 267 the States Code. following: (a) IN GENERAL.—Each fiscal year, begin- ‘‘(g) INITIAL CLOTHING ALLOWANCE.— ning with fiscal year 2013, the Secretary of ‘‘Sec. 268. Interest payment program.’’. ‘‘(1) TRAINING.—The Secretary may pre- Commerce shall ensure that the total SEC. 3560. STUDENT PRE-COMMISSIONING PRO- scribe a sum which shall be credited to each amount expended by the Secretary under GRAM. person who receives financial assistance section 267 of the National Oceanic and At- (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 under subsection (a) to cover the cost of the mospheric Administration Commissioned Of- et seq.), as amended by section 3559(a), is fur- person’s initial clothing and equipment ficer Corps Act of 2002 (as added by section ther amended by adding at the end the fol- issue. 3558(a)), section 268 of such Act (as added by lowing: ‘‘(2) APPOINTMENT.—Upon completion of section 3559(a)), and section 269 of such Act ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU- the program of education for which a person (as added by section 3560(a)) does not exceed CATION ASSISTANCE PROGRAM. receives financial assistance under sub- the amount by which— ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS- section (a) and acceptance of appointment in (1) the total amount the Secretary would SISTANCE.—For the purpose of maintaining the commissioned officer corps of the Ad- pay in that fiscal year to officer candidates adequate numbers of officers of the commis- ministration, the person may be issued a under section 203(f)(1) of title 37, United sioned officer corps of the Administration on subsequent clothing allowance equivalent to States Code (as added by section 3576(d)), if active duty, the Secretary may provide fi- that normally provided to a newly appointed such section entitled officers candidates to nancial assistance to a person described in officer. pay at monthly rates equal to the basic pay subsection (b) for expenses of the person ‘‘(h) TERMINATION OF FINANCIAL ASSIST- of a commissioned officer in the pay grade O– while the person is pursuing on a full-time ANCE.— 1 with less than 2 years of service; exceeds basis at an accredited educational institu- ‘‘(1) IN GENERAL.—The Secretary shall ter- (2) the total amount the Secretary actu- tion (as determined by the Secretary of Edu- minate the assistance provided to a person ally pays in that fiscal year to officer can- cation) a program of education approved by under this section if— didates under section 203(f)(1) of such title the Secretary that leads to— ‘‘(A) the Secretary accepts a request by the (as so added). ‘‘(1) a baccalaureate degree in not more person to be released from an agreement de- (b) OFFICER CANDIDATE DEFINED.—In this than 5 academic years; or scribed in subsection (b)(2); section, the term ‘‘officer candidate’’ has the ‘‘(2) a postbaccalaureate degree. ‘‘(B) the misconduct of the person results meaning given the term in section 212 of the ‘‘(b) ELIGIBLE PERSONS.— in a failure to complete the period of active National Oceanic and Atmospheric Adminis- ‘‘(1) IN GENERAL.—A person is eligible to duty required under the agreement; or tration Commissioned Officer Corps Act of obtain financial assistance under subsection ‘‘(C) the person fails to fulfill any term or 2002 (33 U.S.C. 3002), as added by section (a) if the person— condition of the agreement. 3576(c). ‘‘(A) is enrolled on a full-time basis in a ‘‘(2) REIMBURSEMENT.—The Secretary may SEC. 3562. APPLICABILITY OF CERTAIN PROVI- program of education referred to in sub- require a person who receives assistance de- SIONS OF TITLE 10, UNITED STATES section (a) at any educational institution described in subsection (c), (f), or (g) under an CODE, AND EXTENSION OF CERTAIN scribed in such subsection; agreement entered into under subsection AUTHORITIES APPLICABLE TO MEM- ‘‘(B) meets all of the requirements for ac- (b)(1)(C) to reimburse the Secretary in an BERS OF THE ARMED FORCES TO ceptance into the commissioned officer corps amount that bears the same ratio to the COMMISSIONED OFFICER CORPS. of the Administration except for the comple- total costs of the assistance provided to that (a) APPLICABILITY OF CERTAIN PROVISIONS tion of a baccalaureate degree; and person as the unserved portion of active duty OF TITLE 10.—Section 261(a) (33 U.S.C. 3071(a)) ‘‘(C) enters into a written agreement with bears to the total period of active duty the is amended— the Secretary described in paragraph (2). officer agreed to serve under the agreement. (1) by redesignating paragraphs (13) ‘‘(2) AGREEMENT.—A written agreement re- ‘‘(3) WAIVER.—The Secretary may waive through (16) as paragraphs (20) through (23), ferred to in paragraph (1)(C) is an agreement the service obligation of a person through an respectively;

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.026 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3188 CONGRESSIONAL RECORD — SENATE May 25, 2016 (2) by redesignating paragraphs (7) through ‘‘(3) Section 403(l), relating to temporary (3) in paragraph (4), by inserting ‘‘and (12) as paragraphs (12) through (17), respec- continuation of housing allowance for de- members of the commissioned officer corps tively; pendents of members dying on active duty. of the National Oceanic and Atmospheric Ad- (3) by redesignating paragraphs (4) through ‘‘(4) Section 414(a)(2), relating to personal ministration (or its predecessor organization (6) as paragraphs (8) through (10), respec- money allowance while serving as Director the Coast and Geodetic Survey) separated tively; of the National Oceanic and Atmospheric Ad- from such uniformed service’’ after ‘‘sepa- (4) by inserting after paragraph (3) the fol- ministration Commissioned Officer Corps. rated from the armed forces’’. lowing: ‘‘(5) Section 488, relating to allowances for SEC. 3568. EMPLOYMENT AND REEMPLOYMENT ‘‘(4) Section 771, relating to unauthorized recruiting expenses. RIGHTS. wearing of uniforms. ‘‘(6) Section 495, relating to allowances for Section 4303(16) of title 38, United States ‘‘(5) Section 774, relating to wearing reli- funeral honors duty. Code, is amended by inserting ‘‘the commis- gious apparel while in uniform. ‘‘(b) REFERENCES.—The authority vested by sioned officer corps of the National Oceanic ‘‘(6) Section 982, relating to service on title 37, United States Code, in the ‘military and Atmospheric Administration,’’ after State and local juries. departments’, ‘the Secretary concerned’, or ‘‘Public Health Service,’’. ‘‘(7) Section 1031, relating to administra- ‘the Secretary of Defense’ with respect to the provisions of law referred to in sub- SEC. 3569. TREATMENT OF COMMISSION IN COM- tion of oaths.’’; MISSIONED OFFICER CORPS FOR (5) by inserting after paragraph (10), as re- section (a) shall be exercised, with respect to PURPOSES OF CERTAIN HIRING DE- designated, the following: the commissioned officer corps of the Ad- CISIONS. ministration, by the Secretary of Commerce ‘‘(11) Chapter 58, relating to the Benefits (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 and Services for members being separated or or the Secretary’s designee.’’. et seq.), as amended by this part, is further (b) CLERICAL AMENDMENT.—The table of recently separated.’’; and amended by adding at the end the following: sections in section 1 of the Act entitled ‘‘An (6) by inserting after paragraph (17), as re- Act to authorize the Hydrographic Services ‘‘SEC. 269A. TREATMENT OF COMMISSION IN COM- designated, the following: Improvement Act of 1998, and for other pur- MISSIONED OFFICER CORPS AS EM- PLOYMENT IN ADMINISTRATION ‘‘(18) Subchapter I of chapter 88, relating to poses’’ (Public Law 107–372) is amended by in- Military Family Programs. FOR PURPOSES OF CERTAIN HIRING serting after the item relating to section 261 DECISIONS. ‘‘(19) Section 2005, relating to advanced the following: education assistance, active duty agree- ‘‘(a) IN GENERAL.—In any case in which the ‘‘Sec. 261A. Applicability of certain provi- ments, and reimbursement requirements.’’. Secretary accepts an application for a posi- sions of title 37, United States (b) EXTENSION OF CERTAIN AUTHORITIES.— tion of employment with the Administration Code.’’. (1) NOTARIAL SERVICES.—Section 1044a of and limits consideration of applications for title 10, United States Code, is amended— SEC. 3564. LEGION OF MERIT AWARD. such position to applications submitted by (A) in subsection (a)(1), by striking ‘‘armed Section 1121 of title 10, United States Code, individuals serving in a career or career-con- forces’’ and inserting ‘‘uniformed services’’; is amended by striking ‘‘armed forces’’ and ditional position in the competitive service and inserting ‘‘uniformed services’’. within the Administration, the Secretary (B) in subsection (b)(4), by striking ‘‘armed SEC. 3565. PROHIBITION ON RETALIATORY PER- shall deem an officer who has served as an forces’’ both places it appears and inserting SONNEL ACTIONS. officer in the commissioned officer corps for (a) IN GENERAL.—Subsection (a) of section ‘‘uniformed services’’. at least 3 years to be serving in a career or 261 (33 U.S.C. 3071), as amended by section (2) ACCEPTANCE OF VOLUNTARY SERVICES career-conditional position in the competi- 3562, is further amended— FOR PROGRAMS SERVING MEMBERS AND THEIR tive service within the Administration for (1) by redesignating paragraphs (8) through FAMILIES.—Section 1588 of such title is purposes of such limitation. (23) as paragraphs (9) through (24), respec- amended— ‘‘(b) CAREER APPOINTMENTS.—If the Sec- tively; and (A) in subsection (a)(3), by striking ‘‘armed retary selects an application submitted by (2) by inserting after paragraph (7) the fol- forces’’ and inserting ‘‘uniformed services’’; an officer described in subsection (a) for a lowing: and position described in such subsection, the ‘‘(8) Section 1034, relating to protected (B) by adding at the end the following new Secretary shall give such officer a career or communications and prohibition of retalia- subsection: career-conditional appointment in the com- tory personnel actions.’’. ‘‘(g) SECRETARY CONCERNED FOR ACCEPT- petitive service, as appropriate. (b) CONFORMING AMENDMENT.—Subsection ANCE OF SERVICES FOR PROGRAMS SERVING ‘‘(c) COMPETITIVE SERVICE DEFINED.—In (b) of such section is amended by adding at MEMBERS OF NOAA AND THEIR FAMILIES.— this section, the term ‘competitive service’ the end the following: ‘‘For purposes of para- For purposes of the acceptance of services has the meaning given the term in section graph (8) of subsection (a), the term ‘Inspec- described in subsection (a)(3), the term ‘Sec- tor General’ in section 1034 of such title 10 2102 of title 5, United States Code.’’. retary concerned’ in subsection (a) shall in- shall mean the Inspector General of the De- (b) CLERICAL AMENDMENT.—The table of clude the Secretary of Commerce with re- partment of Commerce.’’. sections in section 1 of the Act entitled ‘‘An spect to members of the National Oceanic (c) REGULATIONS.—Such section is further Act to authorize the Hydrographic Services and Atmospheric Administration.’’. amended by adding at the end the following: Improvement Act of 1998, and for other pur- (3) CAPSTONE COURSE FOR NEWLY SELECTED ‘‘(c) REGULATIONS REGARDING PROTECTED poses’’ (Public Law 107–372) is amended by in- FLAG OFFICERS.—Section 2153 of such title is COMMUNICATIONS AND PROHIBITION OF RETAL- serting after the item relating to section 269, amended— IATORY PERSONNEL ACTIONS.—The Secretary as added by this part, the following: (A) in subsection (a)— may promulgate regulations to carry out the ‘‘Sec. 269A. Treatment of commission in (i) by inserting ‘‘or the commissioned corps application of section 1034 of title 10, United commissioned officer corps as of the National Oceanic and Atmospheric Ad- States Code, to the commissioned officer employment in Administration ministration’’ after ‘‘in the case of the corps of the Administration, including by for purposes of certain hiring Navy’’; and promulgating such administrative proce- decisions.’’. (ii) by striking ‘‘other armed forces’’ and dures for investigation and appeal within the SEC. 3570. DIRECT HIRE AUTHORITY. inserting ‘‘other uniformed services’’; and commissioned officer corps as the Secretary (a) IN GENERAL.—The head of a Federal (B) in subsection (b)(1), by inserting ‘‘or considers appropriate.’’. agency may appoint, without regard to the the Secretary of Commerce, as applicable,’’ SEC. 3566. PENALTIES FOR WEARING UNIFORM provisions of subchapter I of chapter 33 of after ‘‘the Secretary of Defense’’. WITHOUT AUTHORITY. title 5, United States Code, other than sec- SEC. 3563. APPLICABILITY OF CERTAIN PROVI- Section 702 of title 18, United States Code, SIONS OF TITLE 37, UNITED STATES is amended by striking ‘‘Service or any’’ and tions 3303 and 3328 of such title, a qualified CODE. inserting ‘‘Service, the commissioned officer candidate described subsection (b) directly (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071 corps of the National Oceanic and Atmos- to a position in the agency for which the et seq.) is amended by inserting after section pheric Administration, or any’’. candidate meets qualification standards of 261 the following: SEC. 3567. APPLICATION OF CERTAIN PROVI- the Office of Personnel Management. ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVI- SIONS OF COMPETITIVE SERVICE (b) CANDIDATES DESCRIBED.—A candidate SIONS OF TITLE 37, UNITED STATES LAW. described in this subsection is a current or CODE. Section 3304(f) of title 5, United States former member of the commissioned officer ‘‘(a) PROVISIONS MADE APPLICABLE TO COM- Code, is amended— corps of the National Oceanic and Atmos- MISSIONED OFFICER CORPS.—The provisions of (1) in paragraph (1), by inserting ‘‘and pheric Administration who— law applicable to the Armed Forces under members of the commissioned officer corps (1) fulfilled his or her obligated service re- the following provisions of title 37, United of the National Oceanic and Atmospheric Ad- quirement under section 216 of the National States Code, shall apply to the commissioned ministration (or its predecessor organization Oceanic and Atmospheric Administration officer corps of the Administration: the Coast and Geodetic Survey) separated Commissioned Officer Corps Act of 2002, as ‘‘(1) Section 324, relating to accession bo- from such uniformed service’’ after ‘‘sepa- added by section 3553; nuses for new officers in critical skills. rated from the armed forces’’; (2) if no longer a member of the commis- ‘‘(2) Section 403(f)(3), relating to pre- (2) in paragraph (2), by striking ‘‘or vet- sioned officer corps of the Administration, scribing regulations defining the terms ‘field eran’’ and inserting ‘‘, veteran, or member’’; was not discharged or released therefrom as duty’ and ‘sea duty’. and part of a disciplinary action; and

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.026 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3189 (3) has been separated or released from academies of the United States’ means the erroneous position on the lineal list that was service in the commissioned officer corps of following: caused by administrative error; and the Administration for a period of not more ‘‘(i) The United States Military Academy, ‘‘(2) make selections and recommendations than 5 years. West Point, New York. to the Secretary and the President for the (c) EFFECTIVE DATE.—This section shall ‘‘(ii) The United States Naval Academy, appointment, promotion, involuntary sepa- apply with respect to appointments made in Annapolis, Maryland. ration, continuation, and involuntary retire- fiscal year 2016 and in each fiscal year there- ‘‘(iii) The United States Air Force Acad- ment of officers in the commissioned officer after. emy, Colorado Springs, Colorado. corps of the Administration as prescribed in Subpart C—Appointments and Promotion of ‘‘(iv) The United States Coast Guard Acad- this title. Officers emy, New London, Connecticut. ‘‘(d) ACTION ON RECOMMENDATIONS NOT AC- SEC. 3571. APPOINTMENTS. ‘‘(v) The United States Merchant Marine CEPTABLE.—If any recommendation by a (a) ORIGINAL APPOINTMENTS.— Academy, Kings Point, New York. board convened under subsection (a) is not ‘‘(b) REAPPOINTMENT.— (1) IN GENERAL.—Section 221 (33 U.S.C. 3021) accepted by the Secretary or the President, is amended to read as follows: ‘‘(1) IN GENERAL.—Except as provided in the board shall make such further rec- paragraph (2), an individual who previously ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE- ommendations as the Secretary or the Presi- APPOINTMENTS. served in the commissioned officer corps of dent considers appropriate.’’. ‘‘(a) ORIGINAL APPOINTMENTS.— the Administration may be appointed by the SEC. 3573. DELEGATION OF AUTHORITY. Secretary to the grade the individual held ‘‘(1) GRADES.— Section 226 (33 U.S.C. 3026) is amended— prior to separation. ‘‘(A) IN GENERAL.—Except as provided in (1) by striking ‘‘Appointments’’ and insert- subparagraph (B), an original appointment of ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.— ing the following: An appointment under paragraph (1) to a po- an officer may be made in such grades as ‘‘(a) IN GENERAL.—Appointments’’; and may be appropriate for— sition of importance and responsibility des- (2) by adding at the end the following: ignated under section 228 may only be made ‘‘(i) the qualification, experience, and ‘‘(b) DELEGATION OF APPOINTMENT AUTHOR- by the President. length of service of the appointee; and ITY.—If the President delegates authority to ‘‘(c) QUALIFICATIONS.—An appointment ‘‘(ii) the commissioned officer corps of the under subsection (a) or (b) may not be given the Secretary to make appointments under Administration. to an individual until the individual’s men- this section, the President shall, during a pe- ‘‘(B) APPOINTMENT OF OFFICER CAN- tal, moral, physical, and professional fitness riod in which the position of the Secretary is DIDATES.— to perform the duties of an officer has been vacant, delegate such authority to the Dep- ‘‘(i) LIMITATION ON GRADE.—An original ap- established under such regulations as the uty Secretary of Commerce or the Under pointment of an officer candidate, upon grad- Secretary shall prescribe. Secretary for Oceans and Atmosphere during uation from the basic officer training pro- ‘‘(d) PRECEDENCE OF APPOINTEES.—Ap- such period.’’. gram of the commissioned officer corps of pointees under this section shall take prece- SEC. 3574. ASSISTANT ADMINISTRATOR OF THE the Administration, may not be made in any dence in the grade to which appointed in ac- OFFICE OF MARINE AND AVIATION other grade than ensign. cordance with the dates of their commissions OPERATIONS. ‘‘(ii) RANK.—Officer candidates receiving as commissioned officers in such grade. Ap- Section 228(c) (33 U.S.C. 3028(c)) is amend- appointments as ensigns upon graduation pointees whose dates of commission are the ed— from basic officer training program shall same shall take precedence with each other (1) in the fourth sentence, by striking ‘‘Di- take rank according to their proficiency as as the Secretary shall determine. rector’’ and inserting ‘‘Assistant Adminis- shown by the order of their merit at date of ‘‘(e) INTER-SERVICE TRANSFERS.—For inter- trator’’; and graduation. service transfers (as described in the Depart- (2) in the heading, by inserting ‘‘ASSISTANT ‘‘(2) SOURCE OF APPOINTMENTS.—An original ment of Defense Directive 1300.4 (dated De- ADMINISTRATOR OF THE’’ before ‘‘OFFICE’’. appointment may be made from among the cember 27, 2006)) the Secretary shall— SEC. 3575. TEMPORARY APPOINTMENTS. following: ‘‘(1) coordinate with the Secretary of De- (a) IN GENERAL.—Section 229 (33 U.S.C. ‘‘(A) Graduates of the basic officer training fense and the Secretary of the Department in 3029) is amended to read as follows: program of the commissioned officer corps of which the Coast Guard is operating to pro- the Administration. mote and streamline inter-service transfers; ‘‘SEC. 229. TEMPORARY APPOINTMENTS. ‘‘(B) Graduates of the military service ‘‘(2) give preference to such inter-service ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem- academies of the United States who other- transfers for recruitment purposes as deter- porary appointments in the grade of ensign, wise meet the academic standards for enroll- mined appropriate by the Secretary; and lieutenant junior grade, or lieutenant may ment in the training program described in ‘‘(3) reappoint such inter-service transfers be made by the President. subparagraph (A). to the equivalent grade in the commissioned ‘‘(b) TERMINATION.—A temporary appoint- ‘‘(C) Graduates of the maritime academies officer corps.’’. ment to a position under subsection (a) shall of the States who— (2) CLERICAL AMENDMENT.—The table of terminate upon approval of a permanent ap- ‘‘(i) otherwise meet the academic stand- sections in section 1 of the Act entitled ‘‘An pointment for such position made by the ards for enrollment in the training program Act to authorize the Hydrographic Services President. described in subparagraph (A); Improvement Act of 1998, and for other pur- ‘‘(c) ORDER OF PRECEDENCE.—Appointees ‘‘(ii) completed at least 3 years of regi- poses’’ (Public Law 107–372) is amended by under subsection (a) shall take precedence in mented training while at a maritime acad- striking the item relating to section 221 and the grade to which appointed in accordance emy of a State; and inserting the following: with the dates of their appointments as officers in such grade. The order of precedence ‘‘(iii) obtained an unlimited tonnage or un- ‘‘Sec. 221. Original appointments and re- of appointees who are appointed on the same limited horsepower Merchant Mariner Cre- appointments.’’. date shall be determined by the Secretary. dential from the United States Coast Guard. SEC. 3572. PERSONNEL BOARDS. ‘‘(d) ANY ONE GRADE.—When determined by ‘‘(D) Licensed officers of the United States Section 222 (33 U.S.C. 3022) is amended to the Secretary to be in the best interest of merchant marine who have served 2 or more read as follows: years aboard a vessel of the United States in the commissioned officer corps, officers in ‘‘SEC. 222. PERSONNEL BOARDS. any permanent grade may be temporarily the capacity of a licensed officer, who other- ‘‘(a) CONVENING.—Not less frequently than promoted one grade by the President. Any wise meet the academic standards for enroll- once each year and at such other times as such temporary promotion terminates upon ment in the training program described in the Secretary determines necessary, the Sec- the transfer of the officer to a new assign- subparagraph (A). retary shall convene a personnel board. ment. ‘‘(3) DEFINITIONS.—In this subsection: ‘‘(b) MEMBERSHIP.— ‘‘(e) DELEGATION OF APPOINTMENT AUTHOR- ‘‘(A) MARITIME ACADEMIES OF THE STATES.— ‘‘(1) IN GENERAL.—A board convened under The term ‘maritime academies of the States’ subsection (a) shall consist of 5 or more offi- ITY.—If the President delegates authority to means the following: cers who are serving in or above the perma- the Secretary to make appointments under ‘‘(i) California Maritime Academy, Vallejo, nent grade of the officers under consider- this section, the President shall, during a pe- California. ation by the board. riod in which the position of the Secretary is vacant, delegate such authority to the Dep- ‘‘(ii) Great Lakes Maritime Academy, Tra- ‘‘(2) RETIRED OFFICERS.—Officers on the reverse City, Michigan. tired list may be recalled to serve on such uty Secretary of Commerce or the Under ‘‘(iii) Maine Maritime Academy, Castine, personnel boards as the Secretary considers Secretary for Oceans and Atmosphere during Maine. necessary. such period.’’. LERICAL MENDMENT ‘‘(iv) Massachusetts Maritime Academy, ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE (b) C A .—The table of Buzzards Bay, Massachusetts. BOARDS.—No officer may be a member of 2 sections in section 1 of the Act entitled ‘‘An ‘‘(v) State University of New York Mari- successive personnel boards convened to con- Act to authorize the Hydrographic Services time College, Fort Schuyler, New York. sider officers of the same grade for pro- Improvement Act of 1998, and for other pur- ‘‘(vi) Texas A&M Maritime Academy, Gal- motion or separation. poses’’ (Public Law 107–372) is amended by veston, Texas. ‘‘(c) DUTIES.—Each personnel board shall— striking the item relating to section 229 and ‘‘(B) MILITARY SERVICE ACADEMIES OF THE ‘‘(1) recommend to the Secretary such inserting the following: UNITED STATES.—The term ‘military service changes as may be necessary to correct any ‘‘Sec. 229. Temporary appointments.’’.

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SEC. 3576. OFFICER CANDIDATES. ‘‘(f)(1) An officer candidate enrolled in the ‘‘(a) IN GENERAL.—There are’’; (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 basic officer training program of the com- (2) in subsection (a) (as designated by para- et seq.) is amended by adding at the end the missioned officer corps of the National Oce- graph (1))— following: anic and Atmospheric Administration is en- (A) in paragraph (1), by striking ‘‘surveys— ‘‘SEC. 234. OFFICER CANDIDATES. titled, while participating in such program, ’’ and all that follows through the end of the ‘‘(a) DETERMINATION OF NUMBER.—The Sec- to monthly officer candidate pay at monthly paragraph and inserting ‘‘surveys, $70,814,000 retary shall determine the number of ap- rate equal to the basic pay of an enlisted for each of fiscal years 2016 through 2020.’’; pointments of officer candidates. member in the pay grade E–5 with less than (B) in paragraph (2), by striking ‘‘vessels— ‘‘(b) APPOINTMENT.—Appointment of officer 2 years service. ’’ and all that follows through the end of the candidates shall be made under regulations ‘‘(2) An individual who graduates from paragraph and inserting ‘‘vessels, $25,000,000 which the Secretary shall prescribe, includ- such program shall receive credit for the for each of fiscal years 2016 through 2020.’’; ing regulations with respect to determining time spent participating in such program as (C) in paragraph (3), by striking ‘‘Adminis- age limits, methods of selection of officer if such time were time served while on active tration—’’ and all that follows through the candidates, term of service as an officer can- duty as a commissioned officer. If the indi- end of the paragraph and inserting ‘‘Admin- didate before graduation from the program, vidual does not graduate from such program, istration, $29,932,000 for each of fiscal years and all other matters affecting such appoint- such time shall not be considered creditable 2016 through 2020.’’; ment. for active duty or pay.’’. (D) in paragraph (4), by striking ‘‘title—’’ ‘‘(c) DISMISSAL.—The Secretary may dis- SEC. 3577. PROCUREMENT OF PERSONNEL. and all that follows through the end of the miss from the basic officer training program (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021 paragraph and inserting ‘‘title, $26,800,000 for of the Administration any officer candidate et seq.), as amended by section 3576(a), is fur- each of fiscal years 2016 through 2020.’’; and who, during the officer candidate’s term as ther amended by adding at the end the fol- (E) in paragraph (5), by striking ‘‘title—’’ an officer candidate, the Secretary considers lowing: and all that follows through the end of the unsatisfactory in either academics or con- ‘‘SEC. 235. PROCUREMENT OF PERSONNEL. paragraph and inserting ‘‘title, $30,564,000 for duct, or not adapted for a career in the com- ‘‘The Secretary may make such expendi- each of fiscal years 2016 through 2020.’’; and missioned officer corps of the Administra- tures as the Secretary considers necessary in (3) by adding at the end the following: tion. Officer candidates shall be subject to order to obtain recruits for the commis- ‘‘(b) ARCTIC PROGRAMS.—Of the amount au- rules governing discipline prescribed by the sioned officer corps of the Administration, thorized by this section for each fiscal year— Director of the National Oceanic and Atmos- including advertising.’’. ‘‘(1) $10,000,000 is authorized for use— pheric Administration Commissioned Officer (b) CLERICAL AMENDMENT.—The table of Corps. ‘‘(A) to acquire hydrographic data; sections in section 1 of the Act entitled ‘‘An ‘‘(d) AGREEMENT.— ‘‘(B) to provide hydrographic services; Act to authorize the Hydrographic Services ‘‘(1) IN GENERAL.—Each officer candidate ‘‘(C) to conduct coastal change analyses Improvement Act of 1998, and for other pur- shall sign an agreement with the Secretary necessary to ensure safe navigation; poses’’ (Public Law 107–372), as amended by in accordance with section 216(a)(2) regard- ‘‘(D) to improve the management of coast- section 3576(b), is further amended by inserting the officer candidate’s term of service in al change in the Arctic; and ing after the item relating to section 234 the the commissioned officer corps of the Ad- ‘‘(E) to reduce risks of harm to Alaska Na- following: ministration. tive subsistence and coastal communities as- ‘‘(2) ELEMENTS.—An agreement signed by ‘‘235. Procurement of personnel.’’. sociated with increased international mari- an officer candidate under paragraph (1) Subpart D—Separation and Retirement of time traffic; and shall provide that the officer candidate Officers ‘‘(2) $2,000,000 is authorized for use to ac- agrees to the following: SEC. 3578. INVOLUNTARY RETIREMENT OR SEPA- quire hydrographic data and provide hydro- ‘‘(A) That the officer candidate will com- RATION. graphic services in the Arctic necessary to plete the course of instruction at the basic Section 241 (33 U.S.C. 3041) is amended by delineate the United States extended Conti- officer training program of the Administra- adding at the end the following: nental Shelf.’’. tion. ‘‘(d) DEFERMENT OF RETIREMENT OR SEPA- (b) LIMITATION ON ADMINISTRATIVE EX- ‘‘(B) That upon graduation from the such RATION FOR MEDICAL REASONS.— PENSES FOR SURVEYS.—Section 306 of such program, the officer candidate— ‘‘(1) IN GENERAL.—If the Secretary deter- Act (33 U.S.C. 892d) is further amended by ‘‘(i) will accept an appointment, if ten- mines that the evaluation of the medical adding at the end the following: dered, as an officer; and condition of an officer requires hospitaliza- ‘‘(c) LIMITATION ON ADMINISTRATIVE EX- ‘‘(ii) will serve on active duty for at least tion or medical observation that cannot be PENSES FOR SURVEYS.—Of amounts author- 4 years immediately after such appointment. completed with confidence in a manner con- ized by this section for each fiscal year for ‘‘(e) REGULATIONS.—The Secretary shall sistent with the officer’s well being before contract hydrographic surveys, not more prescribe regulations to carry out this sec- the date on which the officer would other- than 5 percent is authorized for administration. Such regulations shall include— wise be required to retire or be separated tive costs associated with contract ‘‘(1) standards for determining what con- under this section, the Secretary may defer management.’’. stitutes a breach of an agreement signed the retirement or separation of the officer. under such subsection (d)(1); and ‘‘(2) CONSENT REQUIRED.—A deferment may SA 4143. Mr. MORAN submitted an ‘‘(2) procedures for determining whether only be made with the written consent of the amendment intended to be proposed by such a breach has occurred. officer involved. If the officer does not pro- him to the bill S. 2943, to authorize ap- ‘‘(f) REPAYMENT.—An officer candidate or vide written consent to the deferment, the propriations for fiscal year 2017 for former officer candidate who does not fulfill officer shall be retired or separated as sched- military activities of the Department the terms of the obligation to serve as speci- uled. fied under section (d) shall be subject to the ‘‘(3) LIMITATION.—A deferral of retirement of Defense, for military construction, repayment provisions of section 216(b).’’. or separation under this subsection may not and for defense activities of the De- (b) CLERICAL AMENDMENT.—The table of extend for more than 30 days after comple- partment of Energy, to prescribe mili- sections in section 1 of the Act entitled ‘‘An tion of the evaluation requiring hospitaliza- tary personnel strengths for such fiscal Act to authorize the Hydrographic Services tion or medical observation.’’. year, and for other purposes; which was Improvement Act of 1998, and for other pur- SEC. 3579. SEPARATION PAY. ordered to lie on the table; as follows: poses’’ (Public Law 107–372) is amended by in- Section 242 (33 U.S.C. 3042) is amended by At the end of subtitle B of title II, add the serting after the item relating to section 233 adding at the end the following: following: the following: ‘‘(d) EXCEPTION.—An officer discharged for ‘‘Sec. 234. Officer candidates.’’. twice failing selection for promotion to the SEC. 221. DESIGNATION OF INSTITUTION OF next higher grade is not entitled to separa- HIGHER EDUCATION AS ADVANCED (c) OFFICER CANDIDATE DEFINED.—Section LABORATORY FOR AIR VEHICLE 212(b) (33 U.S.C. 3002(b)) is amended— tion pay under this section if the officer— SUSTAINMENT FOR APPLIED RE- (1) by redesignating paragraphs (4) through ‘‘(1) expresses a desire not to be selected SEARCH, DEVELOPMENT, TEST, AND (6) as paragraphs (5) through (7), respec- for promotion; or EVALUATION ON SUSTAINMENT OF tively; and ‘‘(2) requests removal from the list of se- DEFENSE AIR VEHICLES. (2) by inserting after paragraph (3) the fol- lectees.’’. (a) IN GENERAL.—The Secretary of Defense lowing: PART III—HYDROGRAPHIC SERVICES may, acting through the Office of Research ‘‘(4) OFFICER CANDIDATE.—The term ‘officer SEC. 3581. REAUTHORIZATION OF HYDRO- and Engineering of the Department of De- candidate’ means an individual who is en- GRAPHIC SERVICES IMPROVEMENT fense, designate an appropriate institution of rolled in the basic officer training program ACT OF 1998. higher education as an Advanced Laboratory of the Administration and is under consider- (a) REAUTHORIZATIONS.—Section 306 of the for Air Vehicle Sustainment under the Uni- ation for appointment as an officer under Hydrographic Services Improvement Act of versity Affiliated Research Center program section 221(a)(2)(A).’’. 1998 (33 U.S.C. 892d) is amended— to carry out applied research, development, (d) PAY FOR OFFICER CANDIDATES.—Section (1) in the matter before paragraph (1), by test, and evaluation activities for the De- 203 of title 37, United States Code, is amend- striking ‘‘There are’’ and inserting the fol- partment of Defense on the sustainment of ed by adding at the end the following: lowing: defense air vehicles.

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(b) REQUIREMENTS FOR DESIGNATION.—An tivities described under subsection (b) that SEC. 1097. ASSISTING VETERANS WITH MILITARY institution of higher education designated are reasonably estimated to cost approxi- EMERGENCY MEDICAL TRAINING TO pursuant to subsection (a) shall— mately $14,500,000. Upon receipt of a cash MEET REQUIREMENTS FOR BECOM- (1) have the capability to respond rapidly payment or the commencement of such ac- ING CIVILIAN EMERGENCY MEDICAL TECHNICIANS. tivities by the entity, the Secretary shall re- to new technology requirements with quali- Part B of title III of the Public Health fied engineers and technologists; and lease from the mortgage filed with the Reg- ister of Deeds, Johnson County, Kansas on Service Act (42 U.S.C. 243 et seq.) is amended (2) possess unique and leading-edge capa- by inserting after section 314 the following: bilities in testing and evaluation of full-scale August 6, 2005, that part of the Sunflower aviation-related structures and materials for Army Ammunition Plant to which such pay- ‘‘SEC. 315. ASSISTING VETERANS WITH MILITARY ment or activities relate. EMERGENCY MEDICAL TRAINING TO support of the sustainment of defense air ve- MEET REQUIREMENTS FOR BECOM- (b) ENVIRONMENTAL REMEDIATION, EXPLO- hicles. ING CIVILIAN EMERGENCY MEDICAL SIVES LEANUP AND ITE ESTORATION C (c) BUSINESS CASE ANALYSIS OF UARC PRO- C , S R A - TECHNICIANS. TIVITIES.—The activities described under this GRAM.—The Secretary shall submit to the ‘‘(a) PROGRAM.—The Secretary shall estab- subsection are— congressional defense committees a business lish a program consisting of awarding dem- (1) environmental remediation activities, case analysis comparing the conduct of ap- onstration grants to States to streamline including— plied research, development, test, and eval- State requirements and procedures in order (A) corrective action required under a per- uation of Department aviation capabilities to assist veterans who completed military mit concerning the property to be issued by by institutions of higher education with the emergency medical technician training while the Kansas Department of Health and Envi- conduct of such activities by Department of serving in the Armed Forces of the United ronment pursuant to the Solid Waste Dis- Defense laboratories. The business case anal- posal Act (42 U.S.C. 6901 et seq.); States to meet certification, licensure, and ysis shall include the following: (B) activities to be carried out by the enti- other requirements applicable to becoming (1) An estimate of the cost-savings ty pursuant to Consent Order 05–E–0111, in- an emergency medical technician in the achieved, and to be achieved, by the Depart- cluding any amendments thereto, regarding State. ment in using institutions of higher edu- SE OF FUNDS.—Amounts received as a Army activities at the property between the ‘‘(b) U cation under the program. entity and the Kansas Department of Health demonstration grant under this section shall (2) An assessment of the efficiencies and Environment; be used to prepare and implement a plan to achieved, and to be achieved, by the Depart- (C) abatement of potential explosive and streamline State requirements and proce- ment in using institutions of higher edu- ordnance conditions at the property; dures as described in subsection (a), includ- cation in connection with the Better Buying (D) demolition, abatement, removal, dis- ing by— Power 3.0 strategy of the Department to posal, backfilling and seeding of all struc- ‘‘(1) determining the extent to which the streamline the defense acquisition process. tures containing asbestos and lead based requirements for the education, training, (3) A description of the manner in which paint, together with their foundations, foot- and skill level of emergency medical techni- priorities under the Better Buying Power 3.0 ing and slabs; cians in the State are equivalent to require- strategy of the Department are achieved by (E) removal and disposal of all soils im- ments for the education, training, and skill the Department in using institutions of pacted with pesticides in excess of Kansas level of military emergency medical techni- higher education as described in paragraph Department of Health and Environment cians; and (2). standards together with backfilling and seed- ‘‘(2) identifying methods, such as waivers, (4) An assessment of the ‘‘should cost’’ tar- ing; for military emergency medical technicians gets developed by the Office of Research and (F) design, construction, closure and post- to forego or meet any such equivalent State Engineering for aviation and implemented closure of a solid waste landfill facility per- requirements. by each Department laboratory, which as- mitted by the Kansas Department of Health ‘‘(c) ELIGIBILITY.—To be eligible for a grant sessment addresses whether such targets re- and Environment pursuant to its delegated under this section, a State shall demonstrate duced indirect and overhead expenses when authority under the Solid Waste Disposal that the State has a shortage of emergency using or subcontracting institutions of high- Act (42 U.S.C. 6901 et seq.) to accommodate medical technicians. er education. consolidation of existing landfills on the ‘‘(d) REPORT.—The Secretary shall submit (5) Any savings realized through activities property and future requirements; to the Congress an annual report on the pro- under paragraph (4) with using institutions (G) lime sludge removal, disposal, and gram under this section. of higher education to achieve ‘‘should cost’’ backfilling associated with the water treat- ‘‘(e) FUNDING.—No additional funds are au- targets. ment plant; thorized to be appropriated to carry out this (6) The results of a benchmarking analysis (H) septic tank closures; and section, and this section shall be carried out conducted by Assistant Secretary of Defense (I) financial assurances required in connec- using amounts otherwise available for such for Research and Engineering that compares tion with these activities; and purpose.’’. the business models and performance of De- (2) site restoration activities, including— partment laboratories under the program (A) collection and disposal of solid waste SA 4146. Mr. CASSIDY submitted an with the business models and performance of present on the property prior to August 6, amendment intended to be proposed by similar laboratories elsewhere in the Gov- 2005; him to the bill S. 2943, to authorize ap- ernment, in academia, and in the private sec- (B) removal of improvements to the prop- propriations for fiscal year 2017 for tor. erty existing on August 6, 2005, including, military activities of the Department without limitation, roads, sewers, gas lines, of Defense, for military construction, SA 4144. Mr. MORAN submitted an poles, ballast, structures, slabs, footings and and for defense activities of the De- amendment intended to be proposed by foundations together with backfilling and partment of Energy, to prescribe mili- him to the bill S. 2943, to authorize ap- seeding; tary personnel strengths for such fiscal propriations for fiscal year 2017 for (C) any impediments to redevelopment of year, and for other purposes; which was military activities of the Department the property arising from the use of the ordered to lie on the table; as follows: of Defense, for military construction, property by or on behalf of the Army or any and for defense activities of the De- of its contractors; At the end of subtitle I of title X, add the (D) financial assurances required in con- following: partment of Energy, to prescribe mili- nection with these activities; and SEC. 1097. OMB DIRECTIVE ON MANAGEMENT OF tary personnel strengths for such fiscal (E) legal, environmental and engineering SOFTWARE LICENSES. year, and for other purposes; which was costs incurred by the entity for the analysis (a) DEFINITION.—In this section— ordered to lie on the table; as follows: of the work necessary to complete the envi- (1) the term ‘‘Director’’ means the Director At the appropriate place in title XXVIII, ronmental. of the Office of Management and Budget; and insert the following: (2) the term ‘‘executive agency’’ has the Mr. CASSIDY submitted an SEC. ll. ENVIRONMENTAL REMEDIATION, EX- SA 4145. meaning given that term in section 105 of PLOSIVES CLEANUP, AND SITE RES- amendment intended to be proposed by title 5, United States Code. TORATION AT SUNFLOWER ARMY him to the bill S. 2943, to authorize ap- (b) OMB DIRECTIVE.—The Director shall AMMUNITION PLANT, KANSAS. propriations for fiscal year 2017 for issue a directive to require each executive (a) IN GENERAL.—As part of the land con- military activities of the Department agency to develop a comprehensive software veyance at Sunflower Army Ammunition of Defense, for military construction, licensing policy, which shall— Plant, Kansas, authorized under section 2841 and for defense activities of the De- (1) identify clear roles, responsibilities, of the Military Construction Authorization and central oversight authority within the Act for Fiscal Year 2005 (division B of Public partment of Energy, to prescribe mili- executive agency for managing enterprise Law 108–375; 118 Stat. 2135), the Secretary of tary personnel strengths for such fiscal software license agreements and commercial the Army may accept as a payment-in-kind year, and for other purposes; which was software licenses; and by the entity to which such land was con- ordered to lie on the table; as follows: (2) require the executive agency to— veyed an agreement to undertake activities At the end of subtitle I of title X add the (A) establish a comprehensive inventory, selected by the entity from among the ac- following: including 80 percent of software license

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.027 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3192 CONGRESSIONAL RECORD — SENATE May 25, 2016 spending and enterprise licenses in the exec- process used by such offices for repeat com- any human cell, tissue, or cellular or tissue- utive agency, by identifying and collecting plainants. based product or animal product— information about software license agree- (c) REPORT.—Not later than one year after ‘‘(1) under the meaning given the term ments using automated discovery and inven- the date of the enactment of this Act, the ‘human cells, tissues, or cellular or tissue- tory tools; Comptroller General shall submit to the Sec- based products’ in section 1271.3 of title 21, (B) regularly track and maintain software retary of Veterans Affairs and Congress a re- Code of Federal Regulations, or any suc- licenses to assist the executive agency in import on the results of the study conducted cessor regulation; or plementing decisions throughout the soft- under subsection (a). ‘‘(2) that is regulated as a device under sec- ware license management life cycle; tion 201(h) of the Federal Food, Drug, and (C) analyze software usage and other data SA 4148. Mr. CASSIDY submitted an Cosmetic Act (21 U.S.C. 321(h)).’’. to make cost-effective decisions; amendment intended to be proposed by (b) CLERICAL AMENDMENT.—The table of (D) provide training relevant to software him to the bill S. 2943, to authorize ap- sections at the beginning of chapter 73 of license management; propriations for fiscal year 2017 for such title is amended by inserting after the (E) establish goals and objectives of the military activities of the Department item relating to section 7330A the following software license management program of the of Defense, for military construction, new item: executive agency; and and for defense activities of the De- ‘‘7330B. Identification and tracking of bio- (F) consider the software license manage- partment of Energy, to prescribe mili- logical implants.’’. ment life cycle phases, including the requisi- tion, reception, deployment and mainte- tary personnel strengths for such fiscal (c) IMPLEMENTATION DEADLINES.— nance, retirement, and disposal phases, to year, and for other purposes; which was (1) STANDARD IDENTIFICATION SYSTEM.—The implement effective decision making and in- ordered to lie on the table; as follows: Secretary of Veterans Affairs shall adopt or corporate existing standards, processes, and At the end of subtitle I of title X, add the implement the standard identification sys- metrics. following: tem for biological implants required by sub- (c) REPORT ON SOFTWARE LICENSE MANAGE- SEC. 1097. IDENTIFICATION AND TRACKING OF section (a) of section 7330B of title 38, United MENT.— BIOLOGICAL IMPLANTS USED IN DE- States Code, as added by subsection (a), with (1) IN GENERAL.—Beginning in the first fis- PARTMENT OF VETERANS AFFAIRS respect to biological implants described in— cal year beginning after the date of enact- MEDICAL FACILITIES. (A) subsection (d)(1) of such section, by not ment of this Act, and in each fiscal year (a) IN GENERAL.—Subchapter II of chapter later than the date that is 180 days after the thereafter through fiscal year 2018, each ex- 73 of title 38, United States Code, is amended date of the enactment of this Act; and ecutive agency shall submit to the Director by adding at the end the following new sec- (B) subsection (d)(2) of such section, in a report on the financial savings or avoid- tion: compliance with the compliance dates estab- ance of spending that resulted from im- ‘‘§ 7330B. Identification and tracking of bio- lished by the Food and Drug Administration proved software license management. logical implants under section 519(f) of the Federal Food, (2) AVAILABILITY.—The Director shall make ‘‘(a) STANDARD IDENTIFICATION SYSTEM FOR Drug, and Cosmetic Act (21 U.S.C. 360i(f)). each report submitted under paragraph (1) BIOLOGICAL IMPLANTS.—(1) The Secretary (2) TRACKING SYSTEM.—The Secretary of publically available. shall adopt the unique device identification Veterans Affairs shall implement the bio- system developed for medical devices by the logical implant tracking system required by SA 4147. Mr. CASSIDY submitted an Food and Drug Administration under section section 7330B(b) of title 38, United States amendment intended to be proposed by 519(f) of the Federal Food, Drug, and Cos- Code, as added by subsection (a), by not later him to the bill S. 2943, to authorize ap- metic Act (21 U.S.C. 360i(f)), or implement a than the date that is 180 days after the date propriations for fiscal year 2017 for comparable standard identification system, of the enactment of this Act. military activities of the Department for use in identifying biological implants in- (d) REPORTING REQUIREMENT.— (1) IN GENERAL.—If the biological implant of Defense, for military construction, tended for use in medical procedures conducted in medical facilities of the Depart- tracking system required by section 7330B(b) and for defense activities of the De- ment. of title 38, United States Code, as added by partment of Energy, to prescribe mili- ‘‘(2) In adopting or implementing a stand- subsection (a), is not operational by the date tary personnel strengths for such fiscal ard identification system for biological im- that is 180 days after the date of the enact- year, and for other purposes; which was plants under paragraph (1), the Secretary ment of this Act, the Secretary of Veterans ordered to lie on the table; as follows: shall permit a vendor to use any of the ac- Affairs shall submit to the Committee on At the end of subtitle I of title X, add the credited entities identified by the Food and Veterans’ Affairs of the Senate and the Com- following: Drug Administration as an issuing agency mittee on Veterans’ Affairs of the House of Representatives a report explaining why the SEC. 1097. COMPTROLLER GENERAL STUDY ON pursuant to section 830.100 of title 21, Code of THE ACTIVITIES OF THE OFFICE OF Federal Regulations, or any successor regu- system is not operational for each month RESOLUTION MANAGEMENT AND lation. until such time as the system is operational. THE OFFICE OF EMPLOYMENT DIS- ‘‘(b) BIOLOGICAL IMPLANT TRACKING SYS- (2) ELEMENTS.—Each report submitted CRIMINATION COMPLAINT ADJU- TEM.—(1) The Secretary shall implement a under paragraph (1) shall include a descrip- DICATION OF THE DEPARTMENT OF system for tracking the biological implants tion of the following: VETERANS AFFAIRS. described in subsection (a) from human (A) Each impediment to the implementa- (a) IN GENERAL.—The Comptroller General donor or animal source to implantation. tion of the system described in such para- of the United States shall conduct a study on ‘‘(2) The tracking system implemented graph. the activities of the Office of Resolution under paragraph (1) shall be compatible with (B) Steps being taken to remediate each Management and the Office of Employment the identification system adopted or imple- such impediment. Discrimination Complaint Adjudication of mented under subsection (a). (C) Target dates for a solution to each such the Department of Veterans Affairs, includ- ‘‘(3) The Secretary shall implement inven- impediment. ing an analysis of the programs conducted by tory controls compatible with the tracking such offices and the effectiveness and over- SEC. 1098. PROCUREMENT OF BIOLOGICAL IM- system implemented under paragraph (1) so PLANTS USED IN DEPARTMENT OF sight of such programs. that all patients who have received, in a VETERANS AFFAIRS MEDICAL FA- (b) ELEMENTS.—In conducting the study medical facility of the Department, a bio- CILITIES. under subsection (a), the Comptroller Gen- logical implant subject to a recall can be no- (a) PROCUREMENT.— eral shall— tified of the recall if, based on the evaluation (1) IN GENERAL.—Subchapter II of chapter (1) analyze data in possession of the Office by appropriate medical personnel of the De- 81 of title 38, United States Code, is amended of Resolution Management and the Office of partment of the risks and benefits, the Sec- by adding at the end the following new sec- Employment Discrimination Complaint Ad- retary determines such notification is appro- tion: judication of the Department from the pe- priate. riod beginning on January 1, 2012, and ending ‘‘(c) CONSISTENCY WITH FOOD AND DRUG AD- ‘‘§ 8129. Procurement of biological implants on the date of commencement of the study; MINISTRATION REGULATIONS.—To the extent ‘‘(a) IN GENERAL.—(1) The Secretary may (2) analyze the oversight by the Depart- that a conflict arises between this section procure biological implants of human origin ment of such offices and the programs con- and a provision of the Federal Food, Drug, only from vendors that meet the following ducted by such offices; and Cosmetic Act (21 U.S.C. 301 et seq.) or conditions: (3) analyze how such offices determine the section 351 or 361 of the Public Health Serv- ‘‘(A) The vendor uses the standard identi- amounts paid to complainants under such ice Act (42 U.S.C. 262 and 264) (including any fication system adopted or implemented by programs; regulations issued under such provisions), the Secretary under section 7330B(a) of this (4) assess whether the Department or any the provision of the Federal Food, Drug, and title and has safeguards to ensure that a dis- other entity conducts regular audits of such Cosmetic Act or Public Health Service Act tinct identifier has been in place at each step offices; and (including any regulations issued under such of distribution of each biological implant (5) analyze how many repeat complaints provisions) shall apply. from its donor. from the same individuals are handled by ‘‘(d) BIOLOGICAL IMPLANT DEFINED.—In this ‘‘(B) The vendor is registered as required such offices and whether there is a special section, the term ‘biological implant’ means by the Food and Drug Administration under

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.027 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3193 subpart B of part 1271 of title 21, Code of Fed- least 10 years after the date of the procure- ginning on the effective date of section 8129 eral Regulations, or any successor regula- ment of the biological implant. of title 38, United States Code, as added by tion, and in the case of a vendor that uses a ‘‘(3)(A) The Secretary shall procure bio- subsection (a), biological implants produced tissue distribution intermediary or a tissue logical implants under the Federal Supply and labeled before that effective date may be processor, the vendor provides assurances Schedules of the General Services Adminis- procured by the Department of Veterans Af- that the tissue distribution intermediary or tration unless such implants are not avail- fairs without relabeling under the standard tissue processor is registered as required by able under such Schedules. identification system adopted or imple- the Food and Drug Administration. ‘‘(B) With respect to biological implants mented under section 7330B of such title, as ‘‘(C) The vendor ensures that donor eligi- listed on the Federal Supply Schedules, the added by section 1079(a) of this Act. bility determinations and such other records Secretary shall accommodate reasonable as the Secretary may require accompany vendor requests to undertake outreach ef- SA 4149. Mr. MCCAIN submitted an each biological implant at all times, regard- forts to educate medical professionals of the amendment intended to be proposed by less of the country of origin of the donor of Department about the use and efficacy of him to the bill S. 2943, to authorize ap- the biological material. such biological implants. propriations for fiscal year 2017 for ‘‘(C) In the case of biological implants that ‘‘(D) The vendor agrees to cooperate with military activities of the Department all biological implant recalls conducted on are unavailable for procurement under the the initiative of the vendor, on the initiative Federal Supply Schedules, the Secretary of Defense, for military construction, of the original product manufacturer used by shall procure such implants using competi- and for defense activities of the De- the vendor, by the request of the Food and tive procedures in accordance with applica- partment of Energy, to prescribe mili- Drug Administration, or by a statutory order ble law and the Federal Acquisition Regula- tary personnel strengths for such fiscal of the Food and Drug Administration. tion, including through the use of a national year, and for other purposes; which was ‘‘(E) The vendor agrees to notify the Sec- contract. ordered to lie on the table; as follows: retary of any adverse event or reaction re- ‘‘(4) In procuring biological implants under At the end of subtitle D of title X, add the port it provides to the Food and Drug Ad- this section, the Secretary shall permit a following: ministration, as required by sections 1271.3 vendor to use any of the accredited entities and 1271.350 of title 21, Code of Federal Regu- identified by the Food and Drug Administra- SEC. 1039. RESTRICTIONS ON THE PROCURE- tion as an issuing agency pursuant to section MENT OF SERVICES OR PROPERTY lations, or any successor regulation, or any IN CONNECTION WITH MILITARY warning letter from the Food and Drug Ad- 830.100 of title 21, Code of Federal Regula- SPACE LAUNCH FROM ENTITIES ministration issued to the vendor or a tissue tions, or any successor regulation. OWNED OR CONTROLLED BY PER- processor or tissue distribution intermediary ‘‘(5) Section 8123 of this title shall not SONS SANCTIONED IN CONNECTION used by the vendor by not later than 60 days apply to the procurement of biological im- WITH RUSSIA’S INVASION OF CRI- after the vendor receives such report or plants. MEA. warning letter. ‘‘(b) PENALTIES.—In addition to any appli- (a) IN GENERAL.—On and after the date of ‘‘(F) The vendor agrees to retain all cable penalty under any other provision of the enactment of this Act, the Secretary of records associated with the procurement of a law, any procurement employee of the De- Defense may not enter into or renew a con- biological implant by the Department for at partment who is found responsible for a bio- tract for the procurement of services or least 10 years after the date of the procure- logical implant procurement transaction property in connection with space launch ac- ment of the biological implant. with intent to avoid or with reckless dis- tivities associated with the evolved expend- ‘‘(G) The vendor provides assurances that regard of the requirements of this section able launch vehicle program unless the Sec- the biological implants provided by the ven- shall be ineligible to hold a certificate of ap- retary, as a result of affirmative due dili- dor are acquired only from tissue processors pointment as a contracting officer or to gence and in consultation with the Secretary that maintain active accreditation with the serve as the representative of an ordering of- of the Treasury, conclusively certifies in ac- American Association of Tissue Banks or a ficer, contracting officer, or purchase card cordance with subsection (b), that— similar national accreditation specific to bi- holder. (1) no funding provided under the contract ological implants. ‘‘(c) DEFINITIONS.—In this section: will be used for a purchase from, or a payment to, any entity owned or controlled by ‘‘(2) The Secretary may procure biological ‘‘(1) The term ‘biological implant’ has the a person included on the list of specially des- implants of nonhuman origin only from ven- meaning given that term in section 7330B(d) ignated nationals and blocked persons main- dors that meet the following conditions: of this title. tained by the Office of Foreign Assets Con- ‘‘(A) The vendor uses the standard identi- ‘‘(2) The term ‘distinct identifier’ means a trol of the Department of the Treasury pur- fication system adopted or implemented by distinct identification code that— suant to Executive Order 13661 (79 Fed. Reg. the Secretary under section 7330B(a) of this ‘‘(A) relates a biological implant to the 15535; relating to blocking property of addi- title. human donor of the implant and to all tional persons contributing to the situation ‘‘(B) The vendor is registered as an estab- records pertaining to the implant; in Ukraine) or any other executive order or lishment as required by the Food and Drug ‘‘(B) includes information designed to fa- other provision of law imposing sanctions Administration under sections 807.20 and cilitate effective tracking, using the distinct with respect to the Russian Federation in 807.40 of title 21, Code of Federal Regula- identification code, from the donor to the re- connection with the invasion of Crimea by tions, or any successor regulation (or is not cipient and from the recipient to the donor; the Russian Federation; and required to register pursuant to section and (2) no individual who in any way supports 807.65(a) of such title, or any successor regu- ‘‘(C) satisfies the requirements of section the delivery of services or property for such lation), and in the case of a vendor that is 1271.290(c) of title 21, Code of Federal Regula- space launch activities poses a counterintel- not the original product manufacturer of tions, or any successor regulation. ligence risk to the United States or is sub- such implants, the vendor provides assur- ‘‘(3) The term ‘tissue distribution inter- ject to the influence of any foreign military ances that the original product manufac- mediary’ means an agency that acquires and or intelligence service. turer is registered as required by the Food stores human tissue for further distribution (b) SUBMISSION OF CERTIFICATION.—Not and Drug Administration (or is not required and performs no other tissue banking func- later than 120 days before entering into or to register). tions. renewing a contract described in subsection ‘‘(C) The vendor agrees to cooperate with ‘‘(4) The term ‘tissue processor’ means an (a), the Secretary of Defense shall submit to all biological implant recalls conducted on entity processing human tissue for use in bi- the congressional defense committees in the initiative of the vendor, on the initiative ological implants, including activities per- writing the certification described in that of the original product manufacturer used by formed on tissue other than donor screening, subsection and the reasons of the Secretary the vendor, by the request of the Food and donor testing, tissue recovery and collection for making the certification. Drug Administration, or by a statutory order functions, storage, or distribution.’’. (2) CLERICAL AMENDMENT.—The table of of the Food and Drug Administration. Ms. AYOTTE (for herself, ‘‘(D) The vendor agrees to notify the Sec- sections at the beginning of chapter 81 of SA 4150. retary of any adverse event report it pro- such title is amended by inserting after the Mr. RUBIO, Mr. KIRK, Mr. GRAHAM, Mr. vides to the Food and Drug Administration item relating to section 8128 the following BURR, Mr. MCCONNELL, Mr. CORNYN, as required under part 803 of title 21, Code of new item: Mr. ROUNDS, Mr. TILLIS, Mr. INHOFE, Federal Regulations, or any successor regu- ‘‘8129. Procurement of biological implants.’’. Mr. RISCH, Mr. PORTMAN, Mr. CRUZ, lation, or any warning letter from the Food (b) EFFECTIVE DATE.—Section 8129 of title Mrs. ERNST, Mr. PERDUE, Ms. MUR- and Drug Administration issued to the ven- 38, United States Code, as added by sub- KOWSKI, Mr. GARDNER, Mr. ROBERTS, dor or the original product manufacturer section (a), shall take effect on the date that and Mr. BARRASSO) submitted an used by the vendor by not later than 60 days is 180 days after the date on which the track- amendment intended to be proposed by after the vendor receives such report or ing system required under section 7330B(b) of warning letter. such title, as added by section 1079(a) of this her to the bill S. 2943, to authorize ap- ‘‘(E) The vendor agrees to retain all Act, is implemented. propriations for fiscal year 2017 for records associated with the procurement of a (c) SPECIAL RULE FOR CRYOPRESERVED military activities of the Department biological implant by the Department for at PRODUCTS.—During the three-year period be- of Defense, for military construction,

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.028 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3194 CONGRESSIONAL RECORD — SENATE May 25, 2016 and for defense activities of the De- (11) On March 14, 2016, Ambassador Power sanctions against any sector of the economy partment of Energy, to prescribe mili- said that the recent ballistic missile of Iran or any Iranian person that directly or tary personnel strengths for such fiscal launches by Iran were ‘‘in defiance of provi- indirectly supports the ballistic missile pro- year, and for other purposes; which was sions of UN Security Council Resolution gram of Iran as well as any foreign person or 2231’’. ordered to lie on the table; as follows: financial institution that engages in trans- (12) Iran has demonstrated the ability to actions or trade that support that program. At the end of title XII, add the following: launch multiple rockets from fortified un- SEC. 1284. EXPANSION OF SANCTIONS WITH RE- Subtitle I—Iran Sanctions derground facilities and mobile launch sites SPECT TO EFFORTS BY IRAN TO AC- SEC. 1281. SHORT TITLE. not previously known. QUIRE BALLISTIC MISSILE AND RE- This subtitle may be cited as the ‘‘Iran (13) The ongoing procurement by Iran of LATED TECHNOLOGY. Ballistic Missile Sanctions Act of 2016’’. technologies needed to boost the range, accu- (a) CERTAIN PERSONS.—Section 1604(a) of SEC. 1282. FINDINGS. racy, and payloads of its diverse ballistic the Iran-Iraq Arms Non-Proliferation Act of Congress finds the following: missile arsenal represents a threat to de- 1992 (Public Law 102–484; 50 U.S.C. 1701 note) (1) On April 2, 2015, President Barack ployed personnel of the United States and al- is amended, in the matter preceding para- Obama said, ‘‘Other American sanctions on lies of the United States in Europe and the graph (1), by inserting ‘‘, to acquire ballistic Iran for its support of terrorism, its human Middle East, including Israel. missile or related technology,’’ after ‘‘nu- rights abuses, its ballistic missile program, (14) Ashton Carter, Secretary of Defense, clear weapons’’. will continue to be fully enforced.’’. testified in a hearing before the Armed Serv- (b) FOREIGN COUNTRIES.—Section 1605(a) of (2) On July 7, 2015, General Martin ices Committee of the Senate on July 7, 2015, the Iran-Iraq Arms Non-Proliferation Act of Dempsey, then-Chairman of the Joint Chiefs that, ‘‘[T]he reason that we want to stop 1992 (Public Law 102–484; 50 U.S.C. 1701 note) of Staff, said, ‘‘Under no circumstances Iran from having an ICBM program is that is amended, in the matter preceding para- should we relieve the pressure on Iran rel- the I in ICBM stands for intercontinental, graph (1), by inserting ‘‘, to acquire ballistic ative to ballistic missile capabilities.’’. which means having the capability to fly missile or related technology,’’ after ‘‘nu- (3) On July 29, 2015, in his role as the top from Iran to the United States, and we don’t clear weapons’’. military officer in the United States and ad- want that. That’s why we oppose ICBMs.’’. SEC. 1285. EXTENSION OF IRAN SANCTIONS ACT visor to the President, General Dempsey con- (15) Through recent ballistic missile OF 1996 AND EXPANSION OF SANC- firmed that his military recommendation launch tests the Government of Iran has TIONS WITH RESPECT TO PERSONS was that sanctions relating to the ballistic shown blatant disregard for international THAT ACQUIRE OR DEVELOP BAL- missile program of Iran not be lifted. laws and its intention to continue tests of LISTIC MISSILES. (4) The Government of Iran and Iran’s Rev- that nature throughout the implementation (a) EXPANSION OF MANDATORY SANCTIONS.— olutionary Guard Corps have been respon- of the Joint Comprehensive Plan of Action. Section 5(b)(1)(B) of the Iran Sanctions Act sible for the repeated testing of illegal bal- (16) The banking sector of Iran has facili- of 1996 (Public Law 104–172; 50 U.S.C. 1701 listic missiles capable of carrying a nuclear tated the financing of the ballistic missile note) is amended— device, including observed tests in October programs in Iran and evidence has not been (1) in clause (i), by striking ‘‘would likely’’ and November 2015 and March 2016, violating provided that entities in that sector have and inserting ‘‘may’’; and United Nations Security Council resolutions. ceased facilitating the financing of those (2) in clause (ii)— (5) On October 14, 2015, Samantha Power, programs. (A) in subclause (I), by striking ‘‘; or’’ and United States Ambassador to the United Na- (17) Iran has been able to amass a large ar- inserting a semicolon; tions, said, ‘‘One of the really important fea- senal of ballistic missiles through its illicit (B) by redesignating subclause (II) as sub- tures in implementation of the recent Iran smuggling networks and domestic manufac- clause (III); and deal to dismantle Iran’s nuclear program is turing capabilities that have been supported (C) by inserting after subclause (I) the fol- going to have to be enforcement of the reso- and maintained by Iran’s Revolutionary lowing: lutions and the standards that remain on the Guard Corps and specific sectors of the econ- ‘‘(II) acquire or develop ballistic missiles books.’’. omy of Iran. and the capability to launch ballistic mis- (6) On December 11, 2015, the United Na- (18) Penetration by Iran’s Revolutionary siles; or’’. tions Panel of Experts concluded that the Guard Corps into the economy of Iran is well (b) EXTENSION OF IRAN SANCTIONS ACT OF missile launch on October 10, 2015, ‘‘was a documented including investments in the 1996.—Section 13(b) of the Iran Sanctions Act violation by Iran of paragraph 9 of Security construction, automotive, telecommuni- of 1996 (Public Law 104–172; 50 U.S.C. 1701 Council resolution 1929 (2010)’’. cations, electronics, mining, metallurgy, and note) is amended by striking ‘‘December 31, (7) On January 17, 2016, Adam Szubin, Act- petrochemical sectors of the economy of 2016’’ and inserting ‘‘December 31, 2031’’. Iran. ing Under Secretary for Terrorism and Fi- SEC. 1286. IMPOSITION OF SANCTIONS WITH RE- nancial Intelligence, stated, ‘‘Iran’s ballistic (19) Items procured through sectors of Iran SPECT TO BALLISTIC MISSILE PRO- missile program poses a significant threat to specified in paragraph (18) have dual use ap- GRAM OF IRAN. regional and global security, and it will con- plications that are currently being used to (a) IN GENERAL.—Title II of the Iran Threat tinue to be subject to international sanc- create ballistic missiles in Iran and will con- Reduction and Syria Human Rights Act of tions. We have consistently made clear that tinue to be a source of materials for the cre- 2012 (22 U.S.C. 8721 et seq.) is amended by the United States will vigorously press sanc- ation of future weapons. adding at the end the following: tions against Iranian activities outside of (20) In order to curb future illicit activity ‘‘Subtitle C—Measures Relating to Ballistic the Joint Comprehensive Plan of Action—in- by Iran, the Government of the United Missile Program of Iran cluding those related to Iran’s support for States and the international community terrorism, regional destabilization, human must take action against persons that facili- ‘‘SEC. 231. DEFINITIONS. rights abuses, and ballistic missile pro- tate and profit from the illegal acquisition of ‘‘(a) IN GENERAL.—In this subtitle: gram.’’. ballistic missile parts and technology in sup- ‘‘(1) AGRICULTURAL COMMODITY.—The term (8) On February 9, 2016, James Clapper, Di- port of the missile programs of Iran. ‘agricultural commodity’ has the meaning rector of National Intelligence, testified SEC. 1283. SENSE OF CONGRESS. given that term in section 102 of the Agricul- that, ‘‘We judge that Tehran would choose It is the sense of Congress that— tural Trade Act of 1978 (7 U.S.C. 5602). ballistic missiles as its preferred method of (1) the ballistic missile program of Iran ‘‘(2) APPROPRIATE COMMITTEES OF CON- delivering nuclear weapons, if it builds them. represents a serious threat to allies of the GRESS.—The term ‘appropriate committees Iran’s ballistic missiles are inherently capa- United States in the Middle East and Eu- of Congress’ means— ble of delivering WMD, and Tehran already rope, members of the Armed Forces deployed ‘‘(A) the committees specified in section has the largest inventory of ballistic missiles in the those regions, and ultimately the 14(2) of the Iran Sanctions Act of 1996 (Public in the Middle East. Iran’s progress on space United States; Law 104–172; 50 U.S.C. 1701 note); and launch vehicles—along with its desire to (2) the testing and production by Iran of ‘‘(B) the congressional defense committees, deter the United States and its allies—pro- ballistic missiles capable of carrying a nu- as defined in section 101 of title 10, United vides Tehran with the means and motivation clear device is a clear violation of United Na- States Code. to develop longer-range missiles, including tions Security Council Resolution 2231 (2015), ‘‘(3) CORRESPONDENT ACCOUNT; PAYABLE- ICBMs.’’. which was unanimously adopted by the THROUGH ACCOUNT.—The terms ‘cor- (9) On March 9, 2016, Iran reportedly fired international community; respondent account’ and ‘payable-through two Qadr ballistic missiles with a range of (3) Iran is using its space launch program account’ have the meanings given those more than 1,000 miles and according to pub- to develop the capabilities necessary to de- terms in section 5318A of title 31, United lic reports, the missiles were marked with a ploy an intercontinental ballistic missile States Code. statement in Hebrew reading, ‘‘Israel must that could threaten the United States, and ‘‘(4) FOREIGN FINANCIAL INSTITUTION.—The be wiped off the arena of time.’’. the Director of National Intelligence has as- term ‘foreign financial institution’ has the (10) On March 11, 2016, Ambassador Power sessed that Iran would use ballistic missiles meaning of that term as determined by the called the recent ballistic missile launches as its ‘‘preferred method of delivering nu- Secretary of the Treasury pursuant to sec- by Iran ‘‘provocative and destabilizing’’ and clear weapons’’; and tion 104(i) of the Comprehensive Iran Sanc- called on the international community to (4) the Government of the United States tions, Accountability, and Divestment Act of ‘‘degrade Iran’s missile program’’. should impose tough primary and secondary 2010 (22 U.S.C. 8513(i)).

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‘‘(5) GOOD.—The term ‘good’ has the mean- United States, come within the United opening, and prohibit or impose strict condi- ing given that term in section 16 of the Ex- States, or are or come within the possession tions on the maintaining, in the United port Administration Act of 1979 (50 U.S.C. or control of a United States person. States of a correspondent account or a pay- 4618) (as continued in effect pursuant to the ‘‘(2) INAPPLICABILITY OF NATIONAL EMER- able-through account by a foreign financial International Emergency Economic Powers GENCY REQUIREMENT.—The requirements institution that the President determines Act (50 U.S.C. 1701 et seq.)). under section 202 of the International Emer- knowingly, on or after the date that is 180 ‘‘(6) GOVERNMENT.—The term ‘Govern- gency Economic Powers Act (50 U.S.C. 1701) days after the date of the enactment of the ment’, with respect to a foreign country, in- shall not apply for purposes of this sub- Iran Ballistic Missile Sanctions Act of 2016, cludes any agencies or instrumentalities of section. conducts or facilitates a significant financial that Government and any entities controlled ‘‘(c) EXCLUSION FROM UNITED STATES.— transaction for a person subject to blocking by that Government. ‘‘(1) IN GENERAL.—Except as provided in of property and interests in property under ‘‘(7) MEDICAL DEVICE.—The term ‘medical paragraph (2), the Secretary of State shall subsection (a). device’ has the meaning given the term ‘de- deny a visa to, and the Secretary of Home- ‘‘(c) IRAN MISSILE PROLIFERATION WATCH vice’ in section 201 of the Federal Food, land Security shall exclude from the United LIST.— Drug, and Cosmetic Act (21 U.S.C. 321). States, any alien subject to blocking of prop- ‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(8) MEDICINE.—The term ‘medicine’ has erty and interests in property under sub- after the date of the enactment of the Iran the meaning given the term ‘drug’ in section section (b). Ballistic Missile Sanctions Act of 2016, and 201 of the Federal Food, Drug, and Cosmetic ‘‘(2) COMPLIANCE WITH UNITED NATIONS not less frequently than annually thereafter, Act (21 U.S.C. 321). HEADQUARTERS AGREEMENT.—Paragraph (1) the Secretary of the Treasury shall submit ‘‘(b) DETERMINATIONS OF SIGNIFICANCE.— shall not apply to the head of state of Iran, to the appropriate committees of Congress For purposes of this subtitle, in determining or necessary staff of that head of state, if ad- and publish in the Federal Register a list if financial transactions or financial services mission to the United States is necessary to of— are significant, the President may consider permit the United States to comply with the ‘‘(A) each entity in which the Aerospace the totality of the facts and circumstances, Agreement regarding the Headquarters of Industries Organization, the Shahid Hemmat including factors similar to the factors set the United Nations, signed at Lake Success Industrial Group, the Shahid Bakeri Indus- forth in section 561.404 of title 31, Code of June 26, 1947, and entered into force Novem- trial Group, or any agent or affiliate of such Federal Regulations (or any corresponding ber 21, 1947, between the United Nations and organization or group has an ownership in- similar regulation or ruling). the United States. terest of more than 0 percent and less than 25 ‘‘SEC. 232. IMPOSITION OF SANCTIONS WITH RE- ‘‘(d) FACILITATION OF CERTAIN TRANS- percent; SPECT TO PERSONS THAT SUPPORT ACTIONS.—The President shall prohibit the ‘‘(B) each entity in which the Aerospace THE BALLISTIC MISSILE PROGRAM opening, and prohibit or impose strict condi- Industries Organization, the Shahid Hemmat OF IRAN. tions on the maintaining, in the United Industrial Group, the Shahid Bakeri Indus- ‘‘(a) IDENTIFICATION OF PERSONS.— States of a correspondent account or a pay- trial Group, or any agent or affiliate of such ‘‘(1) IN GENERAL.—Not later than 120 days able-through account by a foreign financial organization or group does not have an own- after the date of the enactment of the Iran institution that the President determines ership interest but maintains a presence on Ballistic Missile Sanctions Act of 2016, and knowingly, on or after the date that is 180 the board of directors of the entity or other- not less frequently than once every 180 days days after the date of the enactment of the wise influences the actions, policies, or per- thereafter, the President shall, in coordina- Iran Ballistic Missile Sanctions Act of 2016, sonnel decisions of the entity; and tion with the Secretary of Defense, the Di- conducts or facilitates a significant financial ‘‘(C) each person that controls, manages, rector of National Intelligence, the Sec- transaction for a person subject to blocking or directs an entity described in subpara- retary of the Treasury, and the Secretary of of property and interests in property under graph (A) or (B). State, submit to the appropriate committees subsection (b). ‘‘(2) REFERENCE.—The list required by of Congress a report identifying persons that ‘‘SEC. 233. BLOCKING OF PROPERTY OF PERSONS paragraph (1) may be referred to as the ‘Iran have knowingly aided the Government of AFFILIATED WITH CERTAIN IRANIAN Missile Proliferation Watch List’. Iran in the development of the ballistic mis- ENTITIES. ‘‘(d) COMPTROLLER GENERAL REPORT.— sile program of Iran. ‘‘(a) BLOCKING OF PROPERTY.— ‘‘(1) IN GENERAL.—The Comptroller General ‘‘(2) ELEMENTS.—Each report required by ‘‘(1) IN GENERAL.—The President shall, in of the United States shall— paragraph (1) shall include the following: accordance with the International Emer- ‘‘(A) conduct a review of each list required ‘‘(A) An identification of persons gency Economic Powers Act (50 U.S.C. 1701 by subsection (c)(1); and (disaggregated by Iranian and non-Iranian et seq.), block and prohibit all transactions ‘‘(B) not later than 60 days after each such persons) that have knowingly aided the Gov- in all property and interests in property of list is submitted to the appropriate commit- ernment of Iran in the development of the any person described in paragraph (3) if such tees of Congress under that subsection, sub- ballistic missile program of Iran, including property and interests in property are in the mit to the appropriate committees of Con- persons that have— United States, come within the United gress a report on the review conducted under ‘‘(i) knowingly engaged in the direct or in- States, or are or come within the possession subparagraph (A) that includes a list of per- direct provision of material support to such or control of a United States person. sons not included in that list that qualify for program; ‘‘(2) INAPPLICABILITY OF NATIONAL EMER- inclusion in that list, as determined by the ‘‘(ii) knowingly facilitated, supported, or GENCY REQUIREMENT.—The requirements Comptroller General. engaged in activities to further the develop- under section 202 of the International Emer- ‘‘(2) CONSULTATIONS.—In preparing the re- ment of such program; gency Economic Powers Act (50 U.S.C. 1701) port required by paragraph (1)(B), the Comp- ‘‘(iii) knowingly transmitted information shall not apply for purposes of this sub- troller General shall consult with non- relating to ballistic missiles to the Govern- section. governmental organizations. ment of Iran; or ‘‘(3) PERSONS DESCRIBED.—A person de- ‘‘SEC. 234. IMPOSITION OF SANCTIONS WITH RE- ‘‘(iv) otherwise knowingly aided such pro- scribed in this paragraph is— SPECT TO CERTAIN PERSONS IN- gram. ‘‘(A) an entity that is owned, directly or VOLVED IN BALLISTIC MISSILE AC- ‘‘(B) A description of the character and sig- indirectly, by a 25 percent or greater inter- TIVITIES. nificance of the cooperation of each person est— ‘‘(a) CERTIFICATION.—Not later than 120 identified under subparagraph (A) with the ‘‘(i) by the Aerospace Industries Organiza- days after the date of the enactment of the Government of Iran with respect to such pro- tion, the Shahid Hemmat Industrial Group, Iran Ballistic Missile Sanctions Act of 2016, gram. the Shahid Bakeri Industrial Group, or any and not less frequently than once every 180 ‘‘(C) An assessment of the cooperation of agent or affiliate of such organization or days thereafter, the President shall submit the Government of the Democratic People’s group; or to the appropriate committees of Congress a Republic of Korea with the Government of ‘‘(ii) collectively by a group of individuals certification that each person listed in an Iran with respect to such program. that hold an interest in the Aerospace Indus- annex of United Nations Security Council ‘‘(3) CLASSIFIED ANNEX.—Each report re- tries Organization, the Shahid Hemmat In- Resolution 1737 (2006), 1747 (2007), or 1929 quired by paragraph (1) shall be submitted in dustrial Group, the Shahid Bakeri Industrial (2010) is not directly or indirectly facili- unclassified form, but may contain a classi- Group, or any agent or affiliate of such orga- tating, supporting, or involved with the de- fied annex. nization or group, even if none of those indi- velopment of or transfer to Iran of ballistic ‘‘(b) BLOCKING OF PROPERTY.— viduals hold a 25 percent or greater interest missiles or technology, parts, components, ‘‘(1) IN GENERAL.—Not later than 15 days in the entity; or technology information relating to bal- after submitting a report required by sub- ‘‘(B) a person that controls, manages, or listic missiles. section (a)(1), the President shall, in accord- directs an entity described in subparagraph ‘‘(b) BLOCKING OF PROPERTY.— ance with the International Emergency Eco- (A); or ‘‘(1) IN GENERAL.—If the President is unable nomic Powers Act (50 U.S.C. 1701 et seq.), ‘‘(C) an individual who is on the board of to make a certification under subsection (a) block and prohibit all transactions in all directors of an entity described in subpara- with respect to a person and the person is property and interests in property of any graph (A). not currently subject to sanctions with re- person specified in such report if such prop- ‘‘(b) FACILITATION OF CERTAIN TRANS- spect to Iran under any other provision of erty and interests in property are in the ACTIONS.—The President shall prohibit the law, the President shall, not later than 15

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.029 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3196 CONGRESSIONAL RECORD — SENATE May 25, 2016 days after that certification would have been specified in such subparagraph meet the cri- priate committees of Congress and publish in required under that subsection— teria specified in paragraph (1), that sector the Federal Register a list of all foreign per- ‘‘(A) in accordance with the International shall be included in the initial list submitted sons that have, based on credible informa- Emergency Economic Powers Act (50 U.S.C. and published under that paragraph. tion, directly or indirectly facilitated, sup- 1701 et seq.), block and prohibit all trans- ‘‘(b) SANCTIONS WITH RESPECT TO SPECIFIED ported, or been involved with the develop- actions in all property and interests in prop- SECTORS OF IRAN.— ment of ballistic missiles or technology, erty of that person if such property and in- ‘‘(1) BLOCKING OF PROPERTY.— parts, components, or technology informa- terests in property are in the United States, ‘‘(A) IN GENERAL.—The President shall, in tion related to ballistic missiles in the fol- come within the United States, or are or accordance with the International Emer- lowing sectors of the economy of Iran during come within the possession or control of a gency Economic Powers Act (50 U.S.C. 1701 the period specified in subsection (b): United States person; and et seq.), block and prohibit all transactions ‘‘(1) Automotive. ‘‘(B) publish in the Federal Register a rein all property and interests in property of ‘‘(2) Chemical. port describing the reason why the President any person described in paragraph (4) if such ‘‘(3) Computer Science. was unable to make a certification with re- property and interests in property are in the ‘‘(4) Construction. spect to that person. United States, come within the United ‘‘(5) Electronic. ‘‘(2) INAPPLICABILITY OF NATIONAL EMER- States, or are or come within the possession ‘‘(6) Energy. GENCY REQUIREMENT.—The requirements or control of a United States person. ‘‘(7) Metallurgy. under section 202 of the International Emer- ‘‘(B) INAPPLICABILITY OF NATIONAL EMER- ‘‘(8) Mining. gency Economic Powers Act (50 U.S.C. 1701) GENCY REQUIREMENT.—The requirements ‘‘(9) Petrochemical. shall not apply for purposes of this sub- under section 202 of the International Emer- ‘‘(10) Research (including universities and section. gency Economic Powers Act (50 U.S.C. 1701) research institutions). ‘‘(c) EXCLUSION FROM UNITED STATES.— shall not apply for purposes of this para- ‘‘(11) Telecommunications. ‘‘(1) IN GENERAL.—Except as provided in graph. ‘‘(12) Any other sector of the economy of paragraph (2), the Secretary of State shall ‘‘(2) EXCLUSION FROM UNITED STATES.— Iran identified under section 235(a). deny a visa to, and the Secretary of Home- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(b) PERIOD SPECIFIED.—The period speci- land Security shall exclude from the United subparagraph (B), the Secretary of State fied in this subsection is— States, any alien subject to blocking of prop- shall deny a visa to, and the Secretary of ‘‘(1) with respect to the first list submitted erty and interests in property under sub- Homeland Security shall exclude from the under subsection (a), the period beginning on section (b). United States, any alien that is a person de- the date of the enactment of the Iran Bal- ‘‘(2) COMPLIANCE WITH UNITED NATIONS scribed in paragraph (4). listic Missile Sanctions Act of 2016 and end- HEADQUARTERS AGREEMENT.—Paragraph (1) ‘‘(B) COMPLIANCE WITH UNITED NATIONS ing on the date that is 120 days after such shall not apply to the head of state of Iran, HEADQUARTERS AGREEMENT.—Subparagraph date of enactment; and or necessary staff of that head of state, if ad- (A) shall not apply to the head of state of ‘‘(2) with respect to each subsequent list mission to the United States is necessary to Iran, or necessary staff of that head of state, submitted under such subsection, the one- permit the United States to comply with the if admission to the United States is nec- year period preceding the submission of the Agreement regarding the Headquarters of essary to permit the United States to com- list. the United Nations, signed at Lake Success ply with the Agreement regarding the Head- ‘‘(c) COMPTROLLER GENERAL REPORT.— June 26, 1947, and entered into force Novem- quarters of the United Nations, signed at ‘‘(1) IN GENERAL.—With respect to each list ber 21, 1947, between the United Nations and Lake Success June 26, 1947, and entered into submitted under subsection (a), not later the United States. force November 21, 1947, between the United than 120 days after the list is submitted ‘‘(d) FACILITATION OF CERTAIN TRANS- Nations and the United States. under that subsection, the Comptroller Gen- ACTIONS.—The President shall prohibit the ‘‘(3) FACILITATION OF CERTAIN TRANS- eral of the United States shall submit to the opening, and prohibit or impose strict condi- ACTIONS.—Except as provided in this section, appropriate committees of Congress— tions on the maintaining, in the United the President shall prohibit the opening, and ‘‘(A) an assessment of the processes fol- States of a correspondent account or a pay- prohibit or impose strict conditions on the lowed by the President in preparing the list; able-through account by a foreign financial maintaining, in the United States of a cor- ‘‘(B) an assessment of the foreign persons institution that the President determines respondent account or a payable-through ac- included in the list; and knowingly, on or after the date that is 180 count by a foreign financial institution that ‘‘(C) a list of persons not included in the days after the date of the enactment of the the President determines knowingly, on or list that qualify for inclusion in the list, as Iran Ballistic Missile Sanctions Act of 2016, after the date that is 180 days after the date determined by the Comptroller General. conducts or facilitates a significant financial of the enactment of the Iran Ballistic Missile ‘‘(2) CONSULTATIONS.—In preparing the re- transaction for a person subject to blocking Sanctions Act of 2016, conducts or facilitates port required by paragraph (1), the Comp- of property and interests in property under a significant financial transaction for a per- subsection (b). troller General shall consult with non- son described in paragraph (4). governmental organizations. ‘‘SEC. 235. IMPOSITION OF SANCTIONS WITH RE- ‘‘(4) PERSONS DESCRIBED.—A person is de- ‘‘(d) CREDIBLE INFORMATION DEFINED.—In SPECT TO CERTAIN SECTORS OF scribed in this paragraph if the President de- IRAN THAT SUPPORT THE BAL- this section, the term ‘credible information’ LISTIC MISSILE PROGRAM OF IRAN. termines that the person, on or after the has the meaning given that term in section date that is 180 days after the date of the en- ‘‘(a) LIST OF SECTORS.— 14 of the Iran Sanctions Act of 1996 (Public actment of the Iran Ballistic Missile Sanc- ‘‘(1) IN GENERAL.—Not later than 120 days Law 104–172; 50 U.S.C. 1701 note).’’. tions Act of 2016— after the date of the enactment of the Iran (b) CLERICAL AMENDMENT.—The table of Ballistic Missile Sanctions Act of 2016, and ‘‘(A) operates in a sector of the economy of contents for the Iran Threat Reduction and not less frequently than once every 180 days Iran included in the most recent list pub- Syria Human Rights Act of 2012 is amended thereafter, the President shall submit to the lished by the President under subsection (a); by inserting after the item relating to sec- appropriate committees of Congress and pub- ‘‘(B) knowingly provides significant finan- tion 224 the following: lish in the Federal Register a list of the sec- cial, material, technological, or other support to, or goods or services in support of, ‘‘Subtitle C—Measures Relating to Ballistic tors of the economy of Iran that are directly Missile Program of Iran or indirectly facilitating, supporting, or in- any activity or transaction on behalf of or volved with the development of or transfer for the benefit of a person described in sub- ‘‘Sec. 231. Definitions. to Iran of ballistic missiles or technology, paragraph (A); or ‘‘Sec. 232. Imposition of sanctions with re- parts, components, or technology informa- ‘‘(C) is owned or controlled by a person de- spect to persons that support tion relating to ballistic missiles. scribed in subparagraph (A). the ballistic missile program of ‘‘(c) HUMANITARIAN EXCEPTION.—The Presi- ‘‘(2) CERTAIN SECTORS.— Iran. dent may not impose sanctions under this ‘‘(A) IN GENERAL.—Not later than 120 days ‘‘Sec. 233. Blocking of property of persons section with respect to any person for con- after the date of enactment of the Iran Bal- affiliated with certain Iranian ducting or facilitating a transaction for the entities. listic Missile Sanctions Act of 2016, the sale of agricultural commodities, food, medi- ‘‘Sec. 234. Imposition of sanctions with re- President shall submit to the appropriate cine, or medical devices to Iran or for the spect to certain persons in- committees of Congress a determination as provision of humanitarian assistance to the volved in ballistic missile ac- to whether each of the automotive, chem- people of Iran. ical, computer science, construction, elec- tivities. ‘‘SEC. 236. IDENTIFICATION OF FOREIGN PER- tronic, energy, metallurgy, mining, petro- SONS THAT SUPPORT THE BAL- ‘‘Sec. 235. Imposition of sanctions with re- chemical, research (including universities LISTIC MISSILE PROGRAM OF IRAN spect to certain sectors of Iran and research institutions), and telecommuni- IN CERTAIN SECTORS OF IRAN. that support the ballistic mis- cations sectors of Iran meet the criteria ‘‘(a) IN GENERAL.—Not later than 120 days sile program of Iran. specified in paragraph (1). after the date of the enactment of the Iran ‘‘Sec. 236. Identification of foreign persons ‘‘(B) INCLUSION IN INITIAL LIST.—If the Ballistic Missile Sanctions Act of 2016, and that support the ballistic mis- President determines under subparagraph not less frequently than annually thereafter, sile program of Iran in certain (A) that the sectors of the economy of Iran the President shall submit to the appro- sectors of Iran.’’.

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0655 E:\CR\FM\A25MY6.029 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3197 SEC. 1287. EXPANSION OF MANDATORY SANC- title and the amendments made by this sub- strengths for such fiscal year, and for TIONS WITH RESPECT TO FINANCIAL title. other purposes; which was ordered to INSTITUTIONS THAT ENGAGE IN lie on the table; as follows: CERTAIN TRANSACTIONS RELATING SA 4151. Mr. BENNET (for himself TO BALLISTIC MISSILE CAPABILI- At the end of subtitle H of title VIII, add and Mr. GARDNER) submitted an TIES OF IRAN. the following: amendment intended to be proposed by Section 104 of the Comprehensive Iran SEC. 899C. ARMY ARSENAL REVITALIZATION. Sanctions, Accountability, and Divestment him to the bill S. 2943, to authorize ap- (a) DEFINITIONS.—In this section: Act of 2010 (22 U.S.C. 8513) is amended— propriations for fiscal year 2017 for (1) LEGACY ITEMS.—The term ‘‘legacy (1) in subsection (c)(2)— military activities of the Department items’’ means manufactured items that are (A) in subparagraph (A)— of Defense, for military construction, no longer produced by the private sector but (i) in clause (i), by striking ‘‘; or’’ and in- and for defense activities of the De- continue to be used for Department of De- serting a semicolon; partment of Energy, to prescribe mili- fense weapons systems, excluding informa- (ii) by redesignating clause (ii) as clause tion technology and information systems (as (iii); and tary personnel strengths for such fiscal year, and for other purposes; which was those terms are defined in section 11101 of (iii) by inserting after clause (i) the fol- title 40, United States Code). lowing: ordered to lie on the table; as follows: (2) ORGANIC INDUSTRIAL BASE.—The term ‘‘(ii) to acquire or develop ballistic missiles At the end of subtitle I of title X, add the ‘‘organic industrial base’’ means United and capabilities and launch technology re- following: States military facilities that advance a lating to ballistic missiles; or’’; and SEC. 1097. TREATMENT OF OIL SHALE RESERVE vital national security interest by producing (B) in subparagraph (E)(ii)— RECEIPTS. necessary materials, munitions, and hard- (i) in subclause (I), by striking ‘‘; or’’ and Section 7439 of title 10, United State States ware, including arsenals and depots. inserting a semicolon; Code, is amended— (b) REPORT ON USE OF ORGANIC INDUSTRIAL (ii) by redesignating subclause (II) as sub- (1) in subsection (f)— BASE AND PRIVATE SECTOR TO MANUFACTURE clause (III); and (A) by striking paragraph (1) and inserting CERTAIN ITEMS.— (iii) by inserting after subclause (I) the fol- the following: (1) IN GENERAL.—Not later than 180 days lowing: ‘‘(1) DISPOSITION.— after the date of the enactment of this Act, ‘‘(II) Iran’s development of ballistic mis- ‘‘(A) IN GENERAL.—Notwithstanding section the Director of the Defense Logistics Agency siles and capabilities and launch technology 35 of the Mineral Leasing Act (30 U.S.C. 191), shall submit to the congressional defense relating to ballistic missiles; or’’; and the amounts received during the period spec- committees a report listing all legacy items (2) in subsection (f)— ified in paragraph (2) from a lease under this used by the Department of Defense with a (A) by redesignating paragraphs (1) and (2) section (including moneys in the form of contract value equal to or greater than as subparagraphs (A) and (B), respectively, sales, bonuses, royalties (including interest $5,000,000. and moving those subparagraphs, as so redes- charges collected under the Federal Oil and (2) ELEMENTS.—The report required under ignated, two ems to the right; Gas Royalty Management Act of 1982 (30 paragraph (1) shall include, for each item (B) by striking ‘‘WAIVER.—The’’ and insert- U.S.C. 1701 et seq.)), and rentals) that do not listed, a list of potential alternative manu- ing ‘‘WAIVER.— exceed the sum of the amounts specified in facturing sources from the organic industrial ‘‘(1) IN GENERAL.—Except as provided in subparagraphs (A) and (B) of paragraph (2)— base and private sector that could be devel- paragraph (2), the’’; and ‘‘(i) shall be deposited in the Treasury; and oped to establish competition for those (C) by adding at the end the following: ‘‘(ii) shall not be subject to distribution to items. ‘‘(2) EXCEPTION.—The Secretary of the the States pursuant to section 35(a) of the (c) USE OF ORGANIC INDUSTRIAL BASE TO Treasury may not waive under paragraph (1) Mineral Leasing Act (30 U.S.C. 191(a)). ADDRESS DIMINISHING MANUFACTURING the application of a prohibition or condition ‘‘(B) MINERAL LEASING ACT.—Any amounts SOURCES AND MATERIAL SHORTAGES.— imposed with respect to an activity de- received during the period specified in para- (1) REPORT ON IMPROVING GUIDANCE AND scribed in subparagraph (A)(ii) or (E)(ii)(II) graph (2) from a lease under this section (in- PRACTICES.—Not later than one year after of subsection (c)(2).’’. cluding moneys in the form of sales, bonuses, the date of the enactment of this Act, the SEC. 1288. DISCLOSURE TO THE SECURITIES AND royalties (including interest charges col- Secretary of Defense shall submit to the con- EXCHANGE COMMISSION OF ACTIVI- lected under the Federal Oil and Gas Royalty gressional defense committees a report de- TIES WITH CERTAIN SECTORS OF Management Act of 1982 (30 U.S.C. 1701 et tailing plans to update and improve its guid- IRAN THAT SUPPORT THE BAL- seq.)), and rentals) that exceed the sum of ance and practices on Diminishing Manufac- LISTIC MISSILE PROGRAM OF IRAN. the amounts specified in subparagraphs (A) turing Sources and Material Shortages (a) IN GENERAL.—Section 13(r)(1) of the Se- and (B) of paragraph (2)— (DMSMS), including through the use of the curities Exchange Act of 1934 (15 U.S.C. ‘‘(i) shall be deposited in the Treasury; and organic industrial base as a resource in the 78m(r)(1)) is amended— ‘‘(ii) shall be subject to distribution to the implementation of a DMSMS management (1) in subparagraph (C), by striking ‘‘; or’’ States pursuant to section 35(a) of the Min- plan. and inserting a semicolon; eral Leasing Act (30 U.S.C. 191(a)). (2) REPORT ON IDENTIFICATION OF ARMY AR- (2) by redesignating subparagraph (D) as ‘‘(C) NO IMPACT ON PAYMENTS IN LIEU OF SENAL CRITICAL CAPABILITIES AND MINIMUM subparagraph (E); and TAXES.—Nothing in this paragraph impacts WORKLOADS.—Not later than 180 days after (3) by inserting after subparagraph (C) the or reduces any payment authorized under the date of the enactment of this Act, the following: section 6903 of title 31, United States Code.’’; Secretary of Defense shall submit to the con- ‘‘(D) knowingly engaged in any activity for and gressional defense committees a report that which sanctions may be imposed under sec- (B) in paragraph (2)— includes— tion 235 of the Iran Threat Reduction and (i) by striking ‘‘(2) The period’’ and insert- (A) a standardized method for identifying Syria Human Rights Act of 2012;’’. ing the following: the critical capabilities and minimum work- (b) INVESTIGATIONS.—Section 13(r)(5)(A) of ‘‘(2) PERIOD.—The period’’; and loads of the Army arsenals; and the Securities Exchange Act of 1934 is (ii) in the matter preceding subparagraph (B) a progress update on implementation of amended by striking ‘‘an Executive order (A), by striking ‘‘paragraph (1)’’ and insert- the United States Army Organic Industrial specified in clause (i) or (ii) of paragraph ing ‘‘paragraph (1)(A)’’; and Base Strategic Plan 2012–2022. (1)(D)’’ and inserting ‘‘section 235 of the Iran (2) in subsection (g)— (d) ASSESSMENT TO DETERMINE LABOR RATE Threat Reduction and Syria Human Rights (A) in paragraph (1), in the matter pre- FLEXIBILITY.—Not later than one year after Act of 2012, an Executive order specified in ceding subparagraph (A), by striking ‘‘sub- the date of the enactment of this Act, the clause (i) or (ii) of paragraph (1)(E)’’. section (f)(1)’’ and inserting ‘‘subsection Secretary of Defense shall complete a labor (c) CONFORMING AMENDMENT.—Section (f)(1)(A)’’; and rate assessment for all Working Capital 13(r)(5) of the Securities Exchange Act of 1934 (B) in paragraph (2), in the first sentence, Fund entities to determine whether to uti- is amended, in the matter preceding subpara- by striking ‘‘subsection (f)(1)’’ and inserting lize a flexible labor rate within the Working graph (A), by striking ‘‘subparagraph ‘‘subsection (f)(1)(A)’’. Capital Fund’s high and low labor rate budg- (D)(iii)’’ and inserting ‘‘subparagraph et amounts and change the period of time (E)(iii)’’. SA 4152. Mr. KIRK (for himself, Mr. that rates are set from annual to bi-annual (d) EFFECTIVE DATE.—The amendments DURBIN, Mr. GRASSLEY, and Mrs. or quarterly. The assessment shall include made by this section shall take effect with ERNST) submitted an amendment in- recommendations based upon data received respect to reports required to be filed with tended to be proposed by him to the from the assessment, including incor- the Securities and Exchange Commission porating more flexibility into the Working after the date that is 180 days after the date bill S. 2943, to authorize appropriations Capital Fund’s labor rates. of the enactment of this Act. for fiscal year 2017 for military activi- SEC. 1289. REGULATIONS. ties of the Department of Defense, for SA 4153. Mr. KIRK (for himself, Mr. Not later than 90 days after the date of the military construction, and for defense DURBIN, Mr. GRASSLEY, and Mrs. enactment of this Act, the President shall activities of the Department of Energy, ERNST) submitted an amendment in- prescribe regulations to carry out this sub- to prescribe military personnel tended to be proposed by him to the

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.029 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3198 CONGRESSIONAL RECORD — SENATE May 25, 2016 bill S. 2943, to authorize appropriations the Secretary of Defense shall issue guidance partment of Energy, to prescribe mili- for fiscal year 2017 for military activi- to implement the process for identifying the tary personnel strengths for such fiscal ties of the Department of Defense, for critical capabilities of the Army’s manufac- year, and for other purposes; which was military construction, and for defense turing arsenals and the method for deter- ordered to lie on the table; as follows: activities of the Department of Energy, mining the minimum workload needed to sustain these capabilities. At the end of subtitle I of title X, add the following: to prescribe military personnel (d) AUTHORITY TO ADJUST LABOR RATES TO strengths for such fiscal year, and for REFLECT WORK PRODUCTION.— SEC. 1097. MEMORIAL TO HONOR MEMBERS OF THE ARMED FORCES THAT SERVED other purposes; which was ordered to ILOT PROGRAM (1) P .—Not later than 90 days ON ACTIVE DUTY IN SUPPORT OF lie on the table; as follows: after the date of the enactment of this Act, OPERATION DESERT STORM OR OP- At the end of subtitle H of title VIII, add the Secretary of Defense shall establish a ERATION DESERT SHIELD. the following: three-year pilot program for the purpose of (a) FINDINGS.—Congress finds that— SEC. 899C. ARMY ARSENAL REVITALIZATION. permitting Army arsenals to adjust their (1) section 8908(b)(1) of title 40, United (a) DEFINITIONS.—In this section: labor rates periodically throughout the year States Code, provides that the location of a (1) LEGACY ITEMS.—The term ‘‘legacy based upon changes in workload and other commemorative work in Area I, as depicted items’’ means manufactured items that are factors. on the map entitled ‘‘Commemorative Areas no longer produced by the private sector but (2) ANNUAL REPORT.—Not later than one Washington, DC and Environs’’, numbered continue to be used for Department of De- year after the date of the enactment of this 869/86501 B, and dated June 24, 2003, shall be fense weapons systems, excluding informa- Act, and annually thereafter, the Secretary deemed to be authorized only if a rection technology and information systems (as of Defense shall submit to the congressional ommendation for the location is approved by those terms are defined in section 11101 of defense committees a report that assesses— law not later than 150 calendar days after the title 40, United States Code). (A) each Army arsenal’s changes in labor date on which Congress is notified of the rec- (2) ORGANIC INDUSTRIAL BASE.—The term rates throughout the previous year; ommendation; ‘‘organic industrial base’’ means United (B) the ability of each arsenal to meet the (2) section 3093 of the Carl Levin and How- States military facilities that advance a costs of their working capital funds; and ard P. ‘‘Buck’’ McKeon National Defense Au- vital national security interest by producing (C) the effect on arsenal workloads of labor thorization Act for Fiscal Year 2015 (40 necessary materials, munitions, and hard- rate changes. U.S.C. 8903 note; Public Law 113–291) author- ware, including arsenals and depots. ized the National Desert Storm Memorial (b) USE OF ARSENALS TO MANUFACTURE SA 4154. Mr. BOOZMAN submitted an Association to establish a memorial on Fed- CERTAIN ITEMS.— amendment intended to be proposed by eral land in the District of Columbia, to (1) REPORT.—Not later than 180 days after him to the bill S. 2943, to authorize ap- honor the members of the Armed Forces that the date of the enactment of this Act, the propriations for fiscal year 2017 for served on active duty in support of Operation Director of the Defense Logistics Agency Desert Storm or Operation Desert Shield; shall submit to the congressional defense military activities of the Department and committees a report listing all legacy items of Defense, for military construction, (3) the Secretary of the Interior has noti- used by the Department of Defense with a and for defense activities of the De- fied Congress of the determination of the contract value equal to or greater than partment of Energy, to prescribe mili- Secretary of the Interior that the memorial $5,000,000. tary personnel strengths for such fiscal should be located in Area I. (2) LEGACY ITEM PRODUCTION REQUIRE- year, and for other purposes; which was (b) APPROVAL OF LOCATION.—The location MENT.—The Secretary of Defense shall use ordered to lie on the table; as follows: of a commemorative work to commemorate Army arsenals for the production of all leg- and honor the members of the Armed Forces acy items identified in the report submitted At the end of subtitle I of title X of divi- that served on active duty in support of Op- under paragraph (1). sion A, add the following: eration Desert Storm or Operation Desert (c) USE OF ORGANIC INDUSTRIAL BASE TO SEC. 1097. RETURN OF HUMAN REMAINS BY THE Shield authorized by section 3093 of the Carl ADDRESS DIMINISHING MANUFACTURING NATIONAL MUSEUM OF HEALTH AND Levin and Howard P. ‘‘Buck’’ McKeon Na- SOURCES AND MATERIAL SHORTAGES.— MEDICINE. tional Defense Authorization Act for Fiscal (1) REPORT.—Not later than one year after The National Museum of Health and Medi- Year 2015 (40 U.S.C. 8903 note; Public Law the date of the enactment of this Act, the cine shall facilitate the relocation of the 113–291), within Area I, as depicted on the Secretary of Defense shall submit to the con- human cranium that is in the possession of map entitled ‘‘Commemorative Areas Wash- gressional defense committees a report de- the National Museum of Health and Medicine ington, DC and Environs’’, numbered 869/ tailing plans to update and improve its guid- and that is associated with the Mountain 86501 B, and dated June 24, 2003, is approved. ance and practices on Diminishing Manufac- Meadows Massacre of 1857 for interment at turing Sources and Material Shortages the Mountain Meadows grave site. SA 4157. Mr. BOOZMAN submitted an (DMSMS), including through the use of the amendment intended to be proposed by organic industrial base as a resource in the SA 4155. Mr. BOOZMAN submitted an him to the bill S. 2943, to authorize ap- implementation of a DMSMS management amendment intended to be proposed by propriations for fiscal year 2017 for plan. him to the bill S. 2943, to authorize ap- military activities of the Department (2) GUIDANCE REGARDING USE OF ORGANIC IN- propriations for fiscal year 2017 for of Defense, for military construction, DUSTRIAL BASE.—The Secretary of the Army military activities of the Department and for defense activities of the De- shall maintain the arsenals with sufficient workloads to ensure affordability and tech- of Defense, for military construction, partment of Energy, to prescribe mili- nical competence in all critical capability and for defense activities of the De- tary personnel strengths for such fiscal areas by establishing, not later than March partment of Energy, to prescribe mili- year, and for other purposes; which was 30, 2017, clear, step-by-step, prescriptive tary personnel strengths for such fiscal ordered to lie on the table; as follows: guidance on the process for conducting year, and for other purposes; which was At the appropriate place in title X, insert make-or-buy analyses, including the use of ordered to lie on the table; as follows: the following: the organic industrial base. At the end of subtitle I of title X, add the SEC. lll. RECOVERY OF CERTAIN IMPROPERLY (3) IDENTIFICATION OF ARMY ARSENAL CRIT- WITHHELD SEVERANCE PAYMENTS. following: ICAL CAPABILITIES AND MINIMUM WORKLOADS.— (a) SHORT TITLE; FINDINGS.— SEC. 1097. PROVISION OF STATUS UNDER LAW BY (A) REPORT.—Not later than 180 days after (1) SHORT TITLE.—This section may be HONORING CERTAIN MEMBERS OF the date of the enactment of this Act, the THE RESERVE COMPONENTS OF THE cited as the ‘‘Combat-Injured Veterans Tax Secretary of Defense shall submit to the con- ARMED FORCES AS VETERANS. Fairness Act of 2016’’. gressional defense committees a report Any person who is entitled under chapter (2) FINDINGS.—Congress makes the fol- that— 1223 of title 10, United States Code, to retired lowing findings: (i) includes a standardized, consistent pay for nonregular service or, but for age, (A) Approximately 10,000 to 11,000 individ- method to use for identifying the critical ca- would be entitled under such chapter to re- uals are retired from service in the Armed pabilities and minimum workloads of the tired pay for nonregular service shall be hon- Forces for medical reasons each year. Army arsenals; ored as a veteran but shall not be entitled to (B) Some of such individuals are separated (ii) provides analysis on the critical capa- any benefit by reason of this section. from service in the Armed Forces for com- bilities and minimum workloads for each of bat-related injuries (as defined in section the manufacturing arsenals; and SA 4156. Mr. BOOZMAN submitted an 104(b)(3) of the Internal Revenue Code of (iii) identifies fundamental elements, such amendment intended to be proposed by 1986). as steps, milestones, timeframes, and re- him to the bill S. 2943, to authorize ap- (C) Congress has recognized the tremen- sources for implementing the United States dous personal sacrifice of veterans with com- Army Organic Industrial Base Strategic Plan propriations for fiscal year 2017 for bat-related injuries by, among other things, 2012–2022. military activities of the Department specifically excluding from taxable income (B) GUIDANCE.—Not later than one year of Defense, for military construction, severance pay received for combat-related after the date of the enactment of this Act, and for defense activities of the De- injuries.

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.030 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3199 (D) Since 1991, the Secretary of Defense has gate amount that the Secretary withheld for ance under section 1236 of the Carl Levin and improperly withheld taxes from severance tax purposes from such payments. Howard P. ‘‘Buck’’ McKeon National Defense pay for wounded veterans, thus denying (C) A description of the actions the Sec- Authorization Act for Fiscal Year 2015 in them their due compensation and a signifi- retary plans to take to carry out subsection order to combat waste, fraud, and abuse; and cant benefit intended by Congress. (c). (4) securing safe areas, including the (E) Many veterans owed redress are beyond (3) APPROPRIATE COMMITTEES OF CONGRESS Nineveh Plain, for purposes of resettling and the statutory period to file an amended tax DEFINED.—In this section, the term ‘‘appro- reintegrating ethnic and religious minori- return because they were not or are not priate committees of Congress’’ means— ties, including victims of genocide, into their aware that taxes were improperly withheld. (A) the Committee on Armed Services, the homelands in Iraq is a critical component to- (b) RESTORATION OF AMOUNTS IMPROPERLY Committee on Veterans’ Affairs, and the ward achieving a safe, secure, and sovereign WITHHELD FOR TAX PURPOSES FROM SEVER- Committee on Finance of the Senate; and Iraq. ANCE PAYMENTS TO VETERANS WITH COMBAT- (B) the Committee on Armed Services, the RELATED INJURIES.— Committee on Veterans’ Affairs, and the SA 4160. Mr. RUBIO (for himself, Mr. (1) IN GENERAL.—Not later than one year Committee on Ways and Means of the House INHOFE, and Mr. GARDNER) submitted after the date of the enactment of this Act, of Representatives. an amendment intended to be proposed the Secretary of Defense shall— by him to the bill S. 2943, to authorize (A) identify— SA 4158. Mr. BOOZMAN submitted an appropriations for fiscal year 2017 for (i) the severance payments— amendment intended to be proposed by military activities of the Department (I) that the Secretary paid after January him to the bill S. 2943, to authorize ap- of Defense, for military construction, 17, 1991; propriations for fiscal year 2017 for and for defense activities of the De- (II) that the Secretary computed under military activities of the Department partment of Energy, to prescribe mili- section 1212 of title 10, United States Code; of Defense, for military construction, tary personnel strengths for such fiscal (III) that were excluded from gross income and for defense activities of the De- pursuant to section 104(a)(4) of the Internal year, and for other purposes; which was Revenue Code of 1986; and partment of Energy, to prescribe mili- ordered to lie on the table; as follows: (IV) from which the Secretary withheld tary personnel strengths for such fiscal At the end of subtitle F of title XII, add amounts for Federal income tax purposes; year, and for other purposes; which was the following: and ordered to lie on the table; as follows: SEC. 1247. UNITED STATES POLICY ON TAIWAN. (ii) the individuals to whom such severance At the end of subtitle E of title V, add the (a) FINDINGS.—Congress makes the fol- payments were made; and following: lowing findings: (1) For more than 50 years, the United (B) with respect to each person identified SEC. 565. PROHIBITION ON USE OF FUNDS TO under subparagraph (A)(ii), provide— DISESTABLISH SENIOR RESERVE OF- States and Taiwan have had a unique and (i) notice of— FICERS’ TRAINING CORPS PRO- close relationship, which has supported the (I) the amount of severance payments in GRAMS. economic, cultural, and strategic advantage subparagraph (A)(i) which were improperly No amounts authorized to be appropriated to both countries. withheld for tax purposes; and by this Act may be used— (2) The United States has vital security (II) such other information determined to (1) to disestablish, or prepare to disestab- and strategic interests in the Taiwan Strait. be necessary by the Secretary of Treasury to lish, a Senior Reserve Officers’ Training (3) The Taiwan Relations Act (Public Law carry out the purposes of this section; and Corps program in accordance with Depart- 96–8; 22 U.S.C. 3301 et seq.) has been instru- (ii) instructions for filing amended tax re- ment of Defense Instruction Number 1215.08, mental in maintaining peace, security, and turns to recover the amounts improperly dated June 26, 2006; or stability in the Taiwan Strait since its en- withheld for tax purposes. (2) to close, downgrade from host to exten- actment in 1979. (2) EXTENSION OF LIMITATION ON TIME FOR sion center, or place on probation a Senior (4) The Taiwan Relations Act states that it CREDIT OR REFUND.— Reserve Officers’ Training Corps program in is the policy of the United States to provide (A) PERIOD FOR FILING CLAIM.—If a claim accordance with the information paper of the Taiwan with arms of a defensive character for credit or refund under section 6511(a) of Department of the Army titled ‘‘Army Sen- and to maintain the capacity of the United the Internal Revenue Code of 1986 relates to ior Reserve Officers Training Corps (SROTC) States to defend against any forms of coer- a specified overpayment, the 3-year period of Program Review and Criteria’’ and dated cion that would jeopardize the security, or limitation prescribed by such subsection January 27, 2014, or any successor informa- the social or economic system, of the people shall not expire before the date which is 1 tion paper or policy of the Department of the on Taiwan. year after the date the notice described in Army. (b) STATEMENT OF POLICY.—The Taiwan Re- paragraph (1)(B) is provided. The allowable lations Act (Public Law 96–8; 22 U.S.C. 3301 et amount of credit or refund of a specified SA 4159. Mr. RUBIO submitted an seq.) forms the cornerstone of United States overpayment shall be determined without re- amendment intended to be proposed by policy and relations with Taiwan. (c) REPORTS.— gard to the amount of tax paid within the pe- him to the bill S. 2943, to authorize ap- (1) PROVISION OF DEFENSIVE ARMS TO TAI- riod provided in section 6511(b)(2). propriations for fiscal year 2017 for WAN.—Not later than February 15, 2017, the (B) SPECIFIED OVERPAYMENT.—For purposes military activities of the Department Secretary of Defense and the Secretary of of subparagraph (A), the term ‘‘specified of Defense, for military construction, State shall jointly brief the appropriate overpayment’’ means an overpayment attrib- committees of Congress on the steps the utable to a severance payment described in and for defense activities of the De- United States has taken, plans to take, and paragraph (1)(A). partment of Energy, to prescribe mili- will take to provide Taiwan with arms of a (c) REQUIREMENT THAT SECRETARY OF DE- tary personnel strengths for such fiscal year, and for other purposes; which was defensive character, training, and software FENSE ENSURE AMOUNTS ARE NOT WITHHELD in accordance with the Taiwan Relations Act FOR TAX PURPOSES FROM SEVERANCE PAY- ordered to lie on the table; as follows: (Public Law 96–8; 22 U.S.C. 3301 et seq.). MENTS NOT CONSIDERED GROSS INCOME.—The On page 1032, after line 23, add the fol- (2) ANNUAL REPORT ON FOREIGN MILITARY Secretary of Defense shall take such actions lowing: SALES TO TAIWAN.—Section 36 of the Arms as may be necessary to ensure that amounts (c) SENSE OF CONGRESS.—It is the sense of Export Control Act (22 U.S.C. 2776) is amend- are not withheld for tax purposes from sever- Congress that— ed by adding at the end the following new ance payments made by the Secretary to in- (1) it should be the policy of the United subsection: dividuals when such payments are not con- States to support, within the framework of ‘‘(j) At the end of each fiscal year, the Sec- sidered gross income pursuant to section the Iraq Constitution, the Kurdish retary of Defense shall submit to the Com- 104(a)(4) of the Internal Revenue Code of 1986. Peshmerga in Iraq, Iraq Security Forces, mittees on Armed Services and Foreign Re- (d) REPORT TO CONGRESS.— Sunni tribal forces, and other local security lations of the Senate and the Committees on (1) IN GENERAL.—After completing the forces, including ethnic and religious minor- Armed Services and Foreign Affairs of the identification required by subsection (b)(1) ity groups such as Iraqi Christian militias, House of Representatives a classified report and not later than one year after the date of in the campaign against the Islamic State of that lists each request received from Taiwan the enactment of this Act, the Secretary of Iraq and the Levant; and each letter of offer to sell any defense Defense shall submit to the appropriate com- (2) recognizing the important role of the articles or services under this Act to Taiwan mittees of Congress a report on the actions Kurdish Peshmerga in Iraq in the military during such fiscal year.’’. taken by the Secretary to carry out this sec- campaign against the Islamic State of Iraq (3) APPROPRIATE COMMITTEES OF CONGRESS tion. and the Levant in Iraq, the United States DEFINED.—In this subsection, the term ‘‘ap- (2) CONTENTS.—The report submitted under should provide arms, training, and appro- propriate committees of Congress’’ means— paragraph (1) shall include the following: priate equipment directly to the Kurdistan (A) the congressional defense committees; (A) The number of individuals identified Regional Government; and under subsection (b)(1)(A)(ii). (3) efforts should be made to ensure trans- (B) the Committee on Foreign Relations of (B) Of all the severance payments de- parency and oversight mechanisms are in the Senate and the Committee on Foreign scribed in subsection (b)(1)(A)(i), the aggre- place for oversight of United States assist- Affairs of the House of Representatives.

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.031 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3200 CONGRESSIONAL RECORD — SENATE May 25, 2016 SA 4161. Mr. RUBIO (for himself and SEC. 1227. LIMITATION ON USE OF FUNDS TO (II) one or more other Iranian persons that PROCURE, OR ENTER INTO ANY CON- are included on the list of specially des- Mr. CRUZ) submitted an amendment in- TRACT FOR THE PROCUREMENT OF, tended to be proposed by him to the ignated nationals and blocked persons as de- ANY GOODS OR SERVICES FROM scribed in subparagraph (A) if such Iranian bill S. 2943, to authorize appropriations PERSONS THAT PROVIDE MATERIAL SUPPORT TO CERTAIN IRANIAN PER- persons collectively own a 25 percent or for fiscal year 2017 for military activi- SONS. greater interest in the Iranian person; or ties of the Department of Defense, for (a) LIMITATION.—No funds authorized to be (ii) is controlled, managed, or directed, di- military construction, and for defense appropriated for the Department of Defense rectly or indirectly, by Iran’s Revolutionary activities of the Department of Energy, for fiscal year 2017 may be used to procure, Guard Corps, or any agent or affiliate there- to prescribe military personnel or enter into any contract for the procure- of, or by one or more other Iranian persons described in clause (i)(II). strengths for such fiscal year, and for ment of, any goods or services from any person that provides material support to, in- (3) IRANIAN PERSON.—The term ‘‘Iranian other purposes; which was ordered to cluding engaging in a significant transaction person’’ means— lie on the table; as follows: or transactions with, a covered Iranian per- (A) an individual who is a national of Iran; son during such fiscal year. or Strike section 1204 and insert the fol- (b) CERTIFICATION.—The Federal Acquisi- (B) an entity that is organized under the lowing: tion Regulation shall be revised to require a laws of Iran or otherwise subject to the juris- SEC. 1204. PROHIBITION ON USE OF FUNDS FOR certification from each person that is a pro- diction of the Government of Iran. TRAVEL TO CUBA OR TO INVITE, AS- spective contractor that such person does (4) PERSON.—The term ‘‘person’’ means has SIST, OR OTHERWISE ASSURE THE not engage in any of the conduct described in the meaning given such term in section PARTICIPATION OF CUBA IN CER- subsection (a). Such revision shall apply 560.305 of title 31, Code of Federal Regula- TAIN JOINT OR MULTILATERAL EX- with respect to contracts in an amount tion, as such section 560.305 was in effect on ERCISES. greater than the simplified acquisition April 22, 2016. threshold (as defined in section 134 of title (a) PROHIBITION.—No amounts authorized (5) SIGNIFICANT TRANSACTION OR TRANS- 41, United States Code) for which solicita- to be appropriated by this Act, or by any Act ACTIONS.—The term ‘‘significant transaction tions are issued on or after the date that is enacted before the date of the enactment of or transactions’’ shall be determined, for 90 days after the date of the enactment of purposes of this section, in accordance with this Act, may be used for a purpose specified this Act. section 561.404 of title 31, Code of Federal in subsection (b) until the Secretary of De- (c) WAIVER.—The Secretary of Defense, in fense, in coordination with the Director of consultation with the Secretary of State and Regulations, as such section 561.404 was in ef- National Intelligence, submits to Congress the Secretary of the Treasury, may, on a fect on January 1, 2016. written assurances that— case-by-case basis, waive the limitation in SA 4163. Mr. RUBIO (for himself, Mr. (1) the Cuban military has ceased commit- subsection (a) with respect to a person if the ting human rights abuses against civil rights Secretary of Defense, in consultation with INHOFE, and Mr. GARDNER) submitted activists and other citizens of Cuba; the Secretary of State and the Secretary of an amendment intended to be proposed (2) the Cuban military has ceased providing the Treasury— by him to the bill S. 2943, to authorize military intelligence, weapons training, (1) determines that the waiver is important appropriations for fiscal year 2017 for strategic planning, and security logistics to to the national security interest of the military activities of the Department the military and security forces of Ven- United States; and of Defense, for military construction, ezuela; (2) not less than 30 days before the date on and for defense activities of the De- (3) the Cuban military and other security which the waiver is to take effect, submits partment of Energy, to prescribe mili- forces in Cuba have ceased all persecution, to the appropriate committees of Congress— tary personnel strengths for such fiscal intimidation, arrest, imprisonment, and as- (A) a notification of, and detailed justifica- year, and for other purposes; which was sassination of dissidents and members of tion for, the waiver; and faith based organizations; (B) a certification that— ordered to lie on the table; as follows: (4) the Government of Cuba no longer de- (i) the person to which the waiver is to After section 1243, insert the following: mands that the United States relinquish con- apply is no longer engaging in an activity de- SEC. 1243A. GRANT OF OBSERVER STATUS TO trol of Guantanamo Bay, in violation of an scribed in subsection (a) or has taken signifi- THE MILITARY FORCES OF TAIWAN international treaty; and cant verifiable and credible steps toward AT RIM OF THE PACIFIC EXERCISES. (a) IN GENERAL.—The Secretary of Defense (5) the officials of the Cuban military that stopping such an activity, including winding shall grant observer status to the military were indicted in the murder of United States down contracts or other agreements that forces of Taiwan in any maritime exercise citizens during the shootdown of planes oper- were in effect before the date of the enact- known as the Rim of the Pacific Exercise. ated by the Brothers to the Rescue humani- ment of this Act; and (b) EFFECTIVE DATE.—This section takes tarian organization in 1996 are brought to (ii) the Secretary of Defense has received effect on the date of the enactment of this justice. reliable assurances in writing that the per- Act, and applies with respect to any mari- (b) PURPOSES.—The purposes specified in son will not knowingly engage in an activity time exercise described in subsection (a) that this subsection are as follows: described in subsection (a) in the future. begins on or after such date. (d) DEFINITIONS.—In this section: (1) To station personnel or authorize tem- (1) APPROPRIATE COMMITTEES OF CON- porary duty for personnel at the United SA 4164. Mr. RUBIO (for himself, Mr. GRESS.—The term ‘‘appropriate committees States embassy in Cuba. COONS, and Mr. KIRK) submitted an of Congress’’ means— (2) To invite, assist, or otherwise assure amendment intended to be proposed by (A) the Committee on Armed Services and the participation of the Government of Cuba him to the bill S. 2943, to authorize ap- the Committee on Foreign Relations of the in any joint or multilateral exercise or re- Senate; and propriations for fiscal year 2017 for lated security conference between the United (B) the Committee on Armed Services and military activities of the Department States and Cuba. the Committee on Foreign Affairs of the of Defense, for military construction, (c) EXCEPTION.—The prohibition in sub- House of Representatives. and for defense activities of the De- section (a) shall not apply to any travel or (2) COVERED IRANIAN PERSON.—The term partment of Energy, to prescribe mili- joint or multilateral exercise or operation ‘‘covered Iranian person’’ means an Iranian tary personnel strengths for such fiscal related to humanitarian assistance or dis- person that— year, and for other purposes; which was aster response. (A) is included on the list of specially des- ordered to lie on the table; as follows: ignated nationals and blocked persons maintained by the Office of Foreign Assets Con- At the end of subtitle D of title XII, add the following: SA 4162. Mr. RUBIO submitted an trol of the Department of the Treasury and amendment intended to be proposed by the property and interests in property of SEC. 1227. REPORT ON USE BY THE GOVERNMENT OF IRAN OF COMMERCIAL AIRCRAFT him to the bill S. 2943, to authorize ap- which are blocked pursuant to the Inter- AND RELATED SERVICES FOR IL- propriations for fiscal year 2017 for national Emergency Economic Powers Act LICIT MILITARY OR OTHER ACTIVI- military activities of the Department (50 U.S.C. 1701 et seq.) for acting on behalf of TIES. or at the direction of, or being owned or con- of Defense, for military construction, (a) REPORT.—Not later than 180 days after trolled by, the Government of Iran; the date of the enactment of this Act, and and for defense activities of the De- (B) is included on the list of persons identi- every 180 days thereafter, the President, in partment of Energy, to prescribe mili- fied as blocked solely pursuant to Executive consultation with the Secretary of Defense tary personnel strengths for such fiscal Order 13599; or and the Secretary of State, shall submit to year, and for other purposes; which was (C) in the case of an Iranian person de- the congressional defense committees and ordered to lie on the table; as follows: scribed in paragraph (3)(B)— the Committee on Foreign Relations of the (i) is owned, directly or indirectly, by— Senate and the Committee on Foreign Af- At the end of subtitle D of title XII, add (I) Iran’s Revolutionary Guard Corps, or fairs of the House of Representatives a re- the following: any agent or affiliate thereof; or port on the use by the Government of Iran of

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.032 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3201 commercial aircraft and related services for tary personnel strengths for such fiscal tary personnel strengths for such fiscal illicit military or other activities during the year, and for other purposes; which was year, and for other purposes; which was 5-year period ending of such date of enact- ordered to lie on the table; as follows: ordered to lie on the table; as follows: ment. (b) ELEMENTS OF REPORT.—The report re- At the appropriate place in title XII, insert At the end of subtitle H of title V, add the quired under subsection (a) shall include— the following: following: (1) a description of the extent to which the SEC. ll. SENSE OF CONGRESS ON MILITARY RE- SEC. ll. REPORT ON DISCHARGE BY WARRANT Government of Iran has used commercial air- LATIONS BETWEEN THE UNITED OFFICERS OF PILOT AND OTHER craft or related services to transport illicit STATES AND TAIWAN. FLIGHT OFFICER POSITIONS IN THE It is the sense of Congress that the Govern- NAVY, MARINE, CORPS, AND AIR cargo to or from Iran, including military FORCE CURRENTLY DISCHARGED BY goods, weapons, military personnel, mili- ment of the People’s Republic of China should not dictate military relations be- COMMISSIONED OFFICERS. tary-related electronic parts and mechanical (a) REPORT REQUIRED.—Not later than 180 equipment, and rocket or missile compo- tween the United States and the Republic of China. days after the date of the enactment of this nents; Act, the Secretary of the Navy and the Sec- (2) a list of airports outside of Iran at Mr. COATS submitted an retary of the Air Force shall each submit to which such aircraft have landed; SA 4167. amendment intended to be proposed by the Committees on Armed Services of the (3) a description of the extent to which the Senate and the House of Representatives a commercial aviation sector of Iran has pro- him to the bill S. 2943, to authorize ap- report on the feasibility and advisability of vided financial, material, and technological propriations for fiscal year 2017 for the discharge by warrant officers of pilot and support to the Islamic Revolutionary Guard military activities of the Department other flight officer positions in the Armed Corps or any of its agents or affiliates, in- of Defense, for military construction, Forces under the jurisdiction of such Sec- cluding Mahan Air; and for defense activities of the De- retary that are currently discharged by com- (4) a description of the extent to which for- partment of Energy, to prescribe mili- missioned officers. eign governments and persons have facili- tary personnel strengths for such fiscal (b) ELEMENTS.—Each report under sub- tated the activities described in paragraph year, and for other purposes; which was section (a) shall set forth, for each Armed (1), including allowing the use of airports, Force covered by such report, the following: services, or other resources; and ordered to lie on the table; as follows: (1) An assessment of the feasibility and ad- (5) a description of the efforts of the Presi- At the end of subtitle F of title XII, add visability of the discharge by warrant offi- dent to address the activities described in the following: cers of pilot and other flight officer positions paragraphs (1), (3), and (4). SEC. ll. AUTHORITY FOR MILITARY PER- that are currently discharged by commis- SONNEL OF TAIWAN TO WEAR MILI- sioned officers. SA 4165. Mr. RUBIO (for himself, Mr. TARY UNIFORMS OF TAIWAN WHILE (2) An identification of each such position, KIRK, Ms. AYOTTE, Mr. ROBERTS, Mr. IN THE UNITED STATES. if any, for which the discharge by warrant TOOMEY, and Mrs. CAPITO) submitted Members of the military forces of Taiwan officers is assessed to be feasible and advis- an amendment intended to be proposed who are wearing an authorized uniform of able. such military forces in accordance with ap- by him to the bill S. 2943, to authorize plicable authorities of Taiwan are hereby au- appropriations for fiscal year 2017 for SA 4170. Mr. COATS submitted an thorized to wear such uniforms while in the amendment intended to be proposed by military activities of the Department United States. of Defense, for military construction, him to the bill S. 2943, to authorize ap- and for defense activities of the De- SA 4168. Mr. COATS submitted an propriations for fiscal year 2017 for partment of Energy, to prescribe mili- amendment intended to be proposed by military activities of the Department tary personnel strengths for such fiscal him to the bill S. 2943, to authorize ap- of Defense, for military construction, year, and for other purposes; which was propriations for fiscal year 2017 for and for defense activities of the De- ordered to lie on the table; as follows: military activities of the Department partment of Energy, to prescribe mili- At the end of subtitle D of title XII, add of Defense, for military construction, tary personnel strengths for such fiscal the following: and for defense activities of the De- year, and for other purposes; which was SEC. 1227. CLARIFICATION THAT FREEZING OF partment of Energy, to prescribe mili- ordered to lie on the table; as follows: ASSETS OF IRANIAN FINANCIAL IN- tary personnel strengths for such fiscal At the end of subtitle F of title XII, add STITUTIONS INCLUDES ASSETS IN the following: POSSESSION OR CONTROL OF A year, and for other purposes; which was SEC. ll. AUTHORITY FOR VESSELS OF THE TAI- UNITED STATES PERSON PURSUANT ordered to lie on the table; as follows: WAN NAVY AND COAST GUARD AD- TO A U-TURN TRANSACTION. At the end of subtitle H of title X, add the MINISTRATION TO CALL ON UNITED Section 1245(c) of the National Defense Au- following: STATES PORTS AND INSTALLATIONS thorization Act for Fiscal Year 2012 (22 SEC. 1085. REPORTS ON FORCE STRUCTURES RE- OF THE UNITED STATES NAVY AND U.S.C. 8513a) is amended— QUIRED BY THE NAVY AND THE AIR THE COAST GUARD. (1) by striking ‘‘The President’’ and insert- FORCE IN F–16 AND F–18 FIGHTER Vessels of the Taiwan Navy and the Tai- ing ‘‘(1) IN GENERAL.—The President’’; and AIRCRAFT TO MAINTAIN WORLD- wan Coast Guard Administration are hereby (2) by adding at the end the following: WIDE AIR DOMINANCE AND AIR CON- authorized to call on United States ports and ‘‘(2) TREATMENT OF CERTAIN TRANS- TROL. on installations of the United States Navy ACTIONS.— (a) IN GENERAL.—Not later than September and the United States Coast Guard. ‘‘(A) U-TURN TRANSACTIONS.—Property that 30, 2017, the Secretary of the Navy and the comes within the possession or control of a Secretary of the Air Force shall each submit SA 4171. Mr. PERDUE (for himself United States person pursuant to a transfer to the congressional defense committees a and Mr. JOHNSON) submitted an amend- of funds that arises from, and is ordinarily report setting forth an assessment of the ment intended to be proposed by him force structure in F–16 and F–18 fighter air- incident and necessary to give effect to, an to the bill S. 2943, to authorize appro- underlying transaction shall be considered to craft required by the Navy and the Air come within the possession or control of that Force, respectively, in order to maintain priations for fiscal year 2017 for mili- person for purposes of paragraph (1). worldwide air dominance and air control. tary activities of the Department of ‘‘(B) BOOK TRANSFERS.—A transfer of funds (b) INDEPENDENT ASSESSMENTS.—The Sec- Defense, for military construction, and or other property for the benefit of an Ira- retary of the Navy and the Secretary of the for defense activities of the Depart- nian financial institution that is made be- Air Force shall each obtain the assessment ment of Energy, to prescribe military tween accounts of the same financial institu- required for purposes of a report under sub- personnel strengths for such fiscal tion shall be considered property or interests section (a) from a not-for profit entity inde- year, and for other purposes; which was pendent of the Department of Defense that is in property of that Iranian financial institu- ordered to lie on the table; as follows: tion for purposes of paragraph (1) even if appropriate for the conduct of the assess- that Iranian financial institution is not the ment. The same entity may conduct both as- At the end of subtitle E of title XII, add direct recipient of the transfer.’’. sessments. the following: SEC. 1236. SENSE OF CONGRESS ON RUSSIAN SA 4166. Mr. COATS submitted an SA 4169. Mr. COATS submitted an MILITARY AGGRESSION. amendment intended to be proposed by amendment intended to be proposed by (a) FINDINGS.—Congress makes the fol- him to the bill S. 2943, to authorize ap- him to the bill S. 2943, to authorize ap- lowing findings: propriations for fiscal year 2017 for propriations for fiscal year 2017 for (1) On May 25, 1972, the United States and the Soviet Union signed the Agreement Be- military activities of the Department military activities of the Department tween the Government of The United States of Defense, for military construction, of Defense, for military construction, of America and the Government of The and for defense activities of the De- and for defense activities of the De- Union of Soviet Socialist Republics on the partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- Prevention of Incidents On and Over the

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Russia and States of America and the Russian Federa- local government from taking additional the United States remain parties to the tion on Measures for the Further Reduction steps to provide due process with respect to Agreement. and Limitation of Strategic Offensive Arms an entity to which a measure is to be applied (2) Article IV of the Agreement provides (the ‘‘New START Treaty’’), signed April 8, under subsection (a). that ‘‘Commanders of aircraft of the Parties 2010, and entered into force February 5, 2011 (c) NONPREEMPTION.—A measure of a State shall use the greatest caution and prudence (14) General Philip Breedlove, Commander or local government authorized under sub- in approaching aircraft and ships of the of United States European Command, stated section (a) is not preempted by any Federal other Party operating on and over the high that ‘‘we face a resurgent and aggressive law. seas, and . . . shall not permit simulated at- Russia, and as we have continued to witness (d) EFFECTIVE DATE.—This section applies tacks by the simulated use of weapons these last two years, Russia continues to to any measure adopted by a State or local against aircraft and ships, or performance of seek to extend its influence on its periphery government before, on, or after the date of various aerobatics over ships’’. and beyond’’. the enactment of this Act. (e) RULE OF CONSTRUCTION.—Nothing in (3) On January 25, 2016, a Russian Su–27 (b) SENSE OF CONGRESS.—Congress— this section shall be construed to abridge the air-superiority fighter flew within 15 feet of (1) condemns the recent dangerous and un- authority of a State to issue and enforce a United States Air Force RC–135U aircraft professional Russian intercepts of United flying a routine patrol in international air- rules governing the safety, soundness, and States-flagged aircraft and vessels; solvency of a financial institution subject to space over the Black Sea. (2) calls on the Government of the Russian (4) On April 11, 2016, the USS DONALD its jurisdiction or the business of insurance Federation to cease provocative military pursuant to the Act of March 9, 1945 (59 Stat. COOK, an Arleigh-Burke-class guided-missile maneuvers that endanger United States destroyer, was repeatedly buzzed by Russian 33, chapter 20; 15 U.S.C. 1011 et seq.) (com- forces and those of its allies; monly known as the ‘‘McCarran-Ferguson Su-24 attack aircraft while operating in the (3) calls on the United States, its European Act’’). Baltic Sea. United States officials described allies, and the international community to (f) DEFINITIONS.—In this section: the low-passes as having a ‘‘simulated attack continue to apply pressure on the Govern- (1) ASSETS.— profile’’. ment of the Russian Federation to cease its (A) IN GENERAL.—Except as provided in (5) On April 12, 2014, a Russian Su–24 again provocative international behavior; and subparagraph (B), the term ‘‘assets’’ means conducted close-range low altitude passes for (4) reaffirms the right of the United States any pension, retirement, annuity, or endow- about 90 minutes near the DONALD COOK. to operate military aircraft and vessels in ment fund, or similar instrument, that is (6) The United States European Command international airspace and waters. controlled by a State or local government. expressed ‘‘deep concerns’’ about the April 11 (B) EXCEPTION.—The term ‘‘assets’’ does and 12, 2016, Russian close-range passes over SA 4172. Mr. KIRK (for himself, Mr. not include employee benefit plans covered the DONALD COOK and stated that the ma- MANCHIN, Mr. ROBERTS, Mr. MENENDEZ, by title I of the Employee Retirement In- neuvers were ‘‘unprofessional and unsafe’’. come Security Act of 1974 (29 U.S.C. 1001 et (7) On April 14, 2016, a Russian Su–27 bar- Ms. MURKOWSKI, Mr. CARDIN, Mr. seq.). rel-rolled over a United States reconnais- RUBIO, Mr. VITTER, Mr. TILLIS, Mr. (2) BOYCOTT, DIVESTMENT, OR SANCTIONS AC- sance aircraft operating in international air- CRUZ, Mr. PORTMAN, Ms. AYOTTE, Mr. TIVITY TARGETING ISRAEL.—The term ‘‘boy- space over the Baltic Sea, at one point com- HATCH, and Mr. NELSON) submitted an cott, divestment, or sanctions activity tar- ing within 50 feet of the United States plane. amendment intended to be proposed by geting Israel’’ means any activity that is in- The Pentagon condemned the maneuver as him to the bill S. 2943, to authorize ap- tended to penalize, inflict economic harm on, ‘‘erratic and aggressive’’. propriations for fiscal year 2017 for or otherwise limit commercial relations with (8) On April 20, 2016, Russian Permanent Israel or persons doing business in Israel or Representative to the North Atlantic Treaty military activities of the Department in Israeli-controlled territories for purposes Organization (NATO) Alexander Grushko ac- of Defense, for military construction, of coercing political action by, or imposing cused United States military aircraft and and for defense activities of the De- policy positions on, the Government of vessels operating in international waters as partment of Energy, to prescribe mili- Israel. attempting ‘‘to exercise military pressure on tary personnel strengths for such fiscal (3) ENTITY.—The term ‘‘entity’’ includes— Russia’’ and promised to ‘‘take all necessary year, and for other purposes; which was (A) any corporation, company, business as- measures [and] precautions, to compensate ordered to lie on the table; as follows: sociation, partnership, or trust; and for these attempts to use military force’’. (B) any governmental entity or instrumen- (9) On April 29, 2016, another Russian Su–27 At the end of title XII, add the following: tality of a government, including a multilat- performed another barrel-roll over a United Subtitle I—Matters Relating to Israel eral development institution (as defined in States Air Force RC–135 reconnaissance SEC. 1281. SHORT TITLE. section 1701(c)(3) of the International Finan- plane, this time coming within approxi- This subtitle may be cited as the ‘‘Com- cial Institutions Act (22 U.S.C. 262r(c)(3))). mately 100 feet of the aircraft. bating BDS Act of 2016’’. (4) INVESTMENT.—The term ‘‘investment’’ (10) The commander of the United States SEC. 1282. AUTHORITY OF STATE AND LOCAL includes— Cyber Command, Admiral Mike Rogers, GOVERNMENTS TO DIVEST FROM (A) a commitment or contribution of funds warned Congress during a Senate hearing ENTITIES THAT ENGAGE IN CERTAIN or property; that Russia and China can now launch crip- BOYCOTT, DIVESTMENT, OR SANC- (B) a loan or other extension of credit; and pling cyberattacks on the electric grid and TIONS ACTIVITIES TARGETING (C) the entry into or renewal of a contract other critical infrastructures of the United ISRAEL. for goods or services. States. (a) AUTHORITY TO DIVEST.—Notwith- (5) STATE.—The term ‘‘State’’ means each (11) Russia’s military build-up and increas- standing any other provision of law, a State of the several States, the District of Colum- ing Anti-Access/Area Denial capabilities in or local government may adopt and enforce bia, the Commonwealth of Puerto Rico, the Kaliningrad and its expanded operations in measures that meet the notice requirement Commonwealth of the Northern Mariana Is- the Black Sea, the eastern Mediterranean of subsection (b) to divest the assets of the lands, American Samoa, Guam, the United Sea, and in Syria aim to deny United States State or local government from, or prohibit States Virgin Islands, and any other terri- access to key areas of Eurasia and often pose investment of the assets of the State or local tory or possession of the United States. direct challenges to stated United States in- government in— (6) STATE OR LOCAL GOVERNMENT.—The terests. (1) an entity that the State or local gov- term ‘‘State or local government’’ includes— (12) The United States has determined that ernment determines, using credible informa- (A) any State and any agency or instru- in 2015, Russia continued to be in violation of tion available to the public, engages in a mentality thereof; obligations under the Treaty between the commerce-related or investment-related (B) any local government within a State United States of America and the Union of boycott, divestment, or sanctions activity and any agency or instrumentality thereof; Soviet Socialist Republics on the Elimi- targeting Israel; and nation of their Intermediate-Range and (2) a successor entity or subunit of an enti- (C) any other governmental instrumen- Shorter-Range Missiles (the ‘‘INF Treaty’’), ty described in paragraph (1); or tality of a State or locality. signed in Washington, D.C. on December 8, (3) an entity that owns or controls, is SEC. 1283. SAFE HARBOR FOR CHANGES OF IN- 1987, and entered into force June 1, 1988, not owned or controlled by, or is under common VESTMENT POLICIES BY ASSET MAN- to possess, produce, or flight-test a ground- ownership or control with, an entity de- AGERS. launched cruise missile with a range capa- scribed in paragraph (1). Section 13(c)(1) of the Investment Com- bility of 500 km to 5,500 km, or to possess or (b) NOTICE REQUIREMENT.— pany Act of 1940 (15 U.S.C. 80a–13(c)(1)) is produce launchers of such missiles. (1) IN GENERAL.—A State or local govern- amended— (13) Russia is adding multiple, independ- ment shall provide written notice to each en- (1) in subparagraph (A), by striking ‘‘; or’’ ently targetable reentry vehicles or MIRVs tity to which a measure taken by the State and inserting a semicolon; to existing deployed road-mobile SS–27 and or local government under subsection (a) is (2) in subparagraph (B), by striking the pe- submarine-launched SS–N–32 missiles there- to be applied before applying the measure riod at the end and inserting ‘‘; or’’; and by doubling the number of its strategic nu- with respect to the entity. (3) by adding at the end the following: clear warheads and exceeding the 1,550 per- (2) RULE OF CONSTRUCTION.—Paragraph (1) ‘‘(C) engage in any boycott, divestment, or mitted under the Treaty between the United shall not be construed to prohibit a State or sanctions activity targeting Israel described

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in section 1282 of the Combating BDS Act of ‘‘§ 1414. Members eligible for retired pay who (c) EFFECTIVE DATE.—The amendments 2016.’’. are also eligible for veterans’ disability made by this section shall take effect on compensation rated 40 percent or higher: July 1, 2017, and shall apply to payments for SA 4173. Mr. REID submitted an concurrent payment of retired pay and dis- months beginning on or after that date. amendment intended to be proposed by ability compensation’’. SEC. lll. COORDINATION OF SERVICE ELIGI- him to the bill S. 2943, to authorize ap- (2) The item relating to such section in the BILITY FOR COMBAT-RELATED SPE- propriations for fiscal year 2017 for table of sections at the beginning of chapter CIAL COMPENSATION AND CONCUR- 71 of such title is amended to read as follows: RENT RECEIPT. military activities of the Department (a) AMENDMENTS TO STANDARDIZE SIMILAR of Defense, for military construction, ‘‘1414. Members eligible for retired pay who PROVISIONS.— and for defense activities of the De- are also eligible for veterans’ (1) QUALIFIED RETIREES.—Subsection (a) of partment of Energy, to prescribe mili- disability compensation rated section 1414 of title 10, United States Code, is 40 percent or higher: concurrent tary personnel strengths for such fiscal amended— payment of retired pay and dis- (A) by striking ‘‘a member or’’ and all that year, and for other purposes; which was ability compensation.’’. ordered to lie on the table; as follows: follows through ‘‘retiree’)’’ and inserting ‘‘a (c) EFFECTIVE DATE.—The amendments qualified retiree’’; and At the end of part II of subtitle D of title made by this section shall take effect on (B) by adding at the end the following new V, add the following: July 1, 2017, and shall apply to payments for paragraph: SEC. lll. STANDARDIZATION OF AMOUNTS RE- months beginning on or after that date. ‘‘(2) QUALIFIED RETIREES.—For purposes of CEIVABLE BY DISABILITY RETIREES SEC. lll. COORDINATION OF SERVICE ELIGI- this section, a qualified retiree, with respect WITH LESS THAN 20 YEARS OF SERV- BILITY FOR COMBAT-RELATED SPE- to any month, is a member or former mem- ICE UNDER COMBAT-RELATED SPE- CIAL COMPENSATION AND CONCUR- CIAL COMPENSATION AND CONCUR- RENT RECEIPT. ber of the uniformed services who— RENT RECEIPT OF RETIRED PAY (a) AMENDMENT TO STANDARDIZE SIMILAR ‘‘(A) is entitled to retired pay (other than AND VETERANS’ DISABILITY COM- PROVISIONS.—Paragraph (2) of section 1414(b) by reason of section 12731b of this title); and PENSATION. of title 10, United States Code, is amended to ‘‘(B) is also entitled for that month to vet- (a) STANDARDIZATION OF SIMILAR PROVI- read as follows: erans’ disability compensation.’’. SIONS.—Paragraph (2) of section 1414(b) of ‘‘(2) SPECIAL RULE FOR RETIREES WITH (2) DISABILITY RETIREES.—Paragraph (2) of title 10, United States Code, is amended to FEWER THAN 20 YEARS OF SERVICE.—The re- subsection (b) of section 1414 of such title is read as follows: tired pay of a qualified retiree who is retired amended to read as follows: ‘‘(2) SPECIAL RULE FOR RETIREES WITH under chapter 61 of this title with fewer than ‘‘(2) SPECIAL RULE FOR RETIREES WITH FEWER THAN 20 YEARS OF SERVICE.—The re- 20 years of creditable service is subject to re- FEWER THAN 20 YEARS OF SERVICE.—The retired pay of a qualified retiree who is retired duction by the lesser of— tired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than ‘‘(A) the amount of the reduction under under chapter 61 of this title with fewer than 20 years of creditable service is subject to re- sections 5304 and 5305 of title 38; or 20 years of creditable service is subject to reduction by the lesser of— ‘‘(B) the amount (if any) by which the duction by the lesser of— ‘‘(A) the amount of the reduction under amount of the member’s retired pay under ‘‘(A) the amount of the reduction under sections 5304 and 5305 of title 38; or such chapter exceeds the amount equal to 21⁄2 sections 5304 and 5305 of title 38; or ‘‘(B) the amount (if any) by which the percent of the member’s years of creditable ‘‘(B) the amount (if any) by which the amount of the member’s retired pay under service multiplied by the member’s retired amount of the member’s retired pay under 1 such chapter exceeds the amount equal to 2 ⁄2 pay base under section 1406(b)(1) or 1407 of such chapter exceeds the amount equal to 21⁄2 percent of the member’s years of creditable this title, whichever is applicable to the percent of the member’s years of creditable service multiplied by the member’s retired member.’’. service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of (b) EFFECTIVE DATE.—The amendment pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the made by subsection (a) shall take effect on this title, whichever is applicable to the member.’’. July 1, 2017, and shall apply to payments for member.’’. (b) EFFECTIVE DATE.—The amendment months beginning on or after that date. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on made by this section shall take effect on July 1, 2017, and shall apply to payments for SA 4175. Mr. REID submitted an July 1, 2017, and shall apply to payments for months beginning on or after that date. amendment intended to be proposed by months beginning on or after that date. him to the bill S. 2943, to authorize ap- SA 4174. Mr. REID submitted an propriations for fiscal year 2017 for SA 4176. Mr. REID submitted an amendment intended to be proposed by military activities of the Department amendment intended to be proposed by him to the bill S. 2943, to authorize ap- of Defense, for military construction, him to the bill S. 2943, to authorize appropriations for fiscal year 2017 for and for defense activities of the De- propriations for fiscal year 2017 for military activities of the Department partment of Energy, to prescribe mili- military activities of the Department of Defense, for military construction, tary personnel strengths for such fiscal of Defense, for military construction, and for defense activities of the De- year, and for other purposes; which was and for defense activities of the De- partment of Energy, to prescribe mili- ordered to lie on the table; as follows: partment of Energy, to prescribe military personnel strengths for such fiscal At the end of part II of subtitle D of title tary personnel strengths for such fiscal year, and for other purposes; which was V, add the following: year, and for other purposes; which was ordered to lie on the table; as follows: SEC. lll. ELIGIBILITY FOR PAYMENT OF BOTH ordered to lie on the table; as follows: At the end of part II subtitle D of title V, RETIRED PAY AND VETERANS’ DIS- At the end of part II of subtitle D of title ABILITY COMPENSATION FOR CER- add the following: TAIN MILITARY RETIREES WITH VI, add the following: SEC. lll. ELIGIBILITY FOR PAYMENT OF BOTH COMPENSABLE SERVICE-CON- SEC. lll. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS’ DIS- NECTED DISABILITIES. RETIRED PAY AND VETERANS’ DIS- ABILITY COMPENSATION FOR MILI- (a) EXTENSION OF CONCURRENT RECEIPT AU- ABILITY COMPENSATION FOR MILI- TARY RETIREES WITH SERVICE-CON- TARY RETIREES WITH COMPEN- THORITY TO RETIREES WITH SERVICE-CON- NECTED DISABILITIES RATED 40 SABLE SERVICE-CONNECTED DIS- NECTED DISABILITIES RATED LESS THAN 50 PERCENT DISABLING. ABILITIES. PERCENT.—Subsection (a) of section 1414 of (a) IN GENERAL.—Subsection (a)(2) of sec- (a) RESTATEMENT OF CURRENT CONCURRENT title 10, United States Code, is amended by tion 1414 of title 10, United States Code, is PAYMENT AUTHORITY WITH EXTENSION OF striking paragraph (2). amended by striking ‘‘means’’ and all that PAYMENT AUTHORITY TO RETIREES WITH COM- (b) CLERICAL AMENDMENTS.— PENSABLE SERVICE-CONNECTED DISABILITIES follows and inserting ‘‘means the following: (1) The heading of such section is amended RATED LESS THAN 50 PERCENT DISABLING.— ‘‘(A) During the period beginning on Janu- to read as follows: ary 1, 2004, and ending on June 30, 2017, a Subsection (a) of section 1414 of title 10, service-connected disability or combination ‘‘§ 1414. Members eligible for retired pay who United States Code, is amended by striking of service-connected disabilities that is rated are also eligible for veterans’ disability paragraphs (1) and (2) and inserting the fol- as not less than 50 percent disabling by the compensation: concurrent payment of re- lowing new paragraphs: tired pay and disability compensation’’. Secretary of Veterans Affairs. ‘‘(1) IN GENERAL.—Subject to paragraphs ‘‘(B) After June 30, 2017, a service-con- (2) The item relating to such section in the (2), (3), and (4) and subsection (b), a member nected disability or combination of service- table of sections at the beginning of chapter or former member of the uniformed services connected disabilities that is rated as not 71 of such title is amended to read as follows: who is entitled for any month to retired pay less than 40 percent disabling by the Sec- ‘‘1414. Members eligible for retired pay who and who is also entitled for that month to retary of Veterans Affairs.’’. are also eligible for veterans’ veterans’ disability compensation for a serv- (b) CLERICAL AMENDMENTS.— disability compensation: con- ice-connected disability or combination of (1) The heading of such section is amended current payment of retired pay service-connected disabilities that is com- to read as follows: and disability compensation.’’. pensable under the laws administered by the

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Secretary of Veterans Affairs (hereinafter in ‘‘(4) CALENDAR YEAR 2020.—For a month dur- ‘‘§ 1414. Members eligible for retired pay who this section referred to as ‘qualified retiree’) ing 2020, the amount of retired pay payable are also eligible for veterans’ disability is entitled to be paid both for that month to a qualified retiree is the sum of— compensation: concurrent payment of re- without regard to sections 5304 and 5305 of ‘‘(A) the amount determined under para- tired pay and disability compensation’’. title 38. graph (3) for that qualified retiree; and (2) The item relating to such section in the ‘‘(2) ONE-YEAR PHASE-IN FOR QUALIFIED RE- ‘‘(B) 30 percent of the difference between (i) table of sections at the beginning of chapter TIREES WITH TOTAL DISABILITIES.—During the the current baseline offset, and (ii) the 71 of such title is amended to read as follows: period beginning on January 1, 2004, and end- amount determined under paragraph (3) for ‘‘1414. Members eligible for retired pay who ing on December 31, 2004, payment of retired that qualified retiree. are also eligible for veterans’ pay to a qualified retiree is subject to sub- ‘‘(5) CALENDAR YEAR 2021.—For a month dur- disability compensation: con- section (c) if the qualified retiree is any of ing 2021, the amount of retired pay payable current payment of retired pay the following: to a qualified retiree is the sum of— and disability compensation.’’. ‘‘(A) A qualified retiree receiving veterans’ ‘‘(A) the amount determined under para- disability compensation for a disability (e) EFFECTIVE DATE.—The amendments graph (4) for that qualified retiree; and rated as 100 percent disabling by the Sec- made by this section shall take effect on De- ‘‘(B) 40 percent of the difference between (i) retary of Veterans Affairs. cember 31, 2016, and shall apply to payments the current baseline offset, and (ii) the ‘‘(B) A qualified retiree receiving veterans’ for months beginning on or after that date. disability compensation at the rate payable amount determined under paragraph (4) for SEC. lll. COORDINATION OF SERVICE ELIGI- for a disability rated as 100 percent disabling that qualified retiree. BILITY FOR COMBAT-RELATED SPE- ‘‘(6) CALENDAR YEAR 2022.—For a month dur- CIAL COMPENSATION AND CONCUR- by reason of a determination of individual RENT RECEIPT. unemployability. ing 2022, the amount of retired pay payable (a) AMENDMENT TO STANDARDIZE SIMILAR ‘‘(3) 10-YEAR PHASE-IN FOR QUALIFIED RETIR- to a qualified retiree is the sum of— PROVISIONS.—Paragraph (2) of section 1414(b) EES WITH DISABILITIES RATED 50 PERCENT DIS- ‘‘(A) the amount determined under paragraph (5) for that qualified retiree; and of title 10, United States Code, is amended to ABLING OR HIGHER.—During the period begin- read as follows: ning on January 1, 2004, and ending on De- ‘‘(B) 50 percent of the difference between (i) ‘‘(2) SPECIAL RULE FOR RETIREES WITH cember 31, 2013, payment of retired pay to a the current baseline offset, and (ii) the FEWER THAN 20 YEARS OF SERVICE.—The re- amount determined under paragraph (5) for qualified retiree is subject to subsection (c) tired pay of a qualified retiree who is retired that qualified retiree. if the qualified retiree is entitled to vet- under chapter 61 of this title with fewer than ‘‘(7) CALENDAR YEAR 2023.—For a month dur- erans’ disability compensation for a service- 20 years of creditable service is subject to re- ing 2023, the amount of retired pay payable connected disability or combination of serv- duction by the lesser of— to a qualified retiree is the sum of— ice-connected disabilities that is rated not ‘‘(A) the amount of the reduction under less than 50 percent disabling by the Sec- ‘‘(A) the amount determined under para- sections 5304 and 5305 of title 38; or retary of Veterans Affairs. graph (6) for that qualified retiree; and ‘‘(B) the amount (if any) by which the ‘‘(4) 10-YEAR PHASE-IN FOR QUALIFIED RETIR- ‘‘(B) 60 percent of the difference between (i) amount of the member’s retired pay under EES WITH COMPENSABLE DISABILITIES RATED the current baseline offset, and (ii) the such chapter exceeds the amount equal to 21⁄2 LESS THAN 50 PERCENT DISABLING.—During the amount determined under paragraph (6) for percent of the member’s years of creditable period beginning on January 1, 2017, and end- that qualified retiree. service multiplied by the member’s retired ing on December 31, 2026, payment of retired ‘‘(8) CALENDAR YEAR 2024.—For a month dur- pay base under section 1406(b)(1) or 1407 of pay to a qualified retiree is subject to sub- ing 2024, the amount of retired pay payable this title, whichever is applicable to the section (d) if the qualified retiree is entitled to a qualified retiree is the sum of— member.’’. to veterans’ disability compensation for a ‘‘(A) the amount determined under para- (b) EFFECTIVE DATE.—The amendment service-connected disability or combination graph (7) for that qualified retiree; and made by subsection (a) shall take effect on of service-connected disabilities that is rated ‘‘(B) 70 percent of the difference between (i) July 1, 2017, and shall apply to payments for less than 50 percent disabling by the Sec- the current baseline offset, and (ii) the months beginning on or after that date. retary of Veterans Affairs but is compen- amount determined under paragraph (7) for sable under the laws administered by the that qualified retiree. SA 4177. Mr. SCHUMER submitted an Secretary of Veterans Affairs.’’. ‘‘(9) CALENDAR YEAR 2025.—For a month dur- amendment intended to be proposed by (b) PHASE-IN FOR QUALIFIED RETIREES WITH ing 2025, the amount of retired pay payable him to the bill S. 2943, to authorize ap- COMPENSABLE DISABILITIES RATED LESS THAN to a qualified retiree is the sum of— propriations for fiscal year 2017 for 50 PERCENT DISABLING.—Such section is fur- ‘‘(A) the amount determined under paramilitary activities of the Department ther amended— graph (8) for that qualified retiree; and (1) by redesignating subsections (d) and (e) of Defense, for military construction, ‘‘(B) 80 percent of the difference between (i) and for defense activities of the De- as subsections (e) and (f), respectively; and the current baseline offset, and (ii) the (2) by inserting after subsection (c) the fol- amount determined under paragraph (8) for partment of Energy, to prescribe mili- lowing new subsection (d): that qualified retiree. tary personnel strengths for such fiscal ‘‘(d) PHASE-IN OF FULL CONCURRENT RE- ‘‘(10) CALENDAR YEAR 2026.—For a month year, and for other purposes; which was CEIPT FOR QUALIFIED RETIREES WITH COMPEN- during 2026, the amount of retired pay pay- ordered to lie on the table; as follows: SABLE DISABILITIES RATED LESS THAN 50 PER- able to a qualified retiree is the sum of— At the end of subtitle B of title XXVI, add CENT DISABLING.—During the period begin- ‘‘(A) the amount determined under para- the following: ning on January 1, 2017, and ending on De- graph (9) for that qualified retiree; and cember 31, 2026, retired pay payable to a SEC. 2615. REPORT ON REPLACEMENT OF SECU- ‘‘(B) 90 percent of the difference between (i) RITY FORCES AND COMMUNICA- qualified retiree that pursuant to subsection the current baseline offset, and (ii) the TIONS TRAINING FACILITY AT (a)(4) is subject to this subsection shall be amount determined under paragraph (9) for FRANCES S. GABRESKI AIR NA- determined as follows: that qualified retiree. TIONAL GUARD BASE, NEW YORK. ‘‘(1) CALENDAR YEAR 2017.—For a month dur- (a) FINDINGS.—Congress makes the fol- ‘‘(11) GENERAL LIMITATION.—Retired pay de- ing 2017, the amount of retired pay payable lowing findings: termined under this subsection for a quali- to a qualified retiree is the amount (if any) (1) The 106th Rescue Wing at Francis S. fied retiree, if greater than the amount of re- of retired pay in excess of the current base- Gabreski Air National Guard Base, New tired pay otherwise applicable to that quali- line offset, plus $100. York, provides combat search and rescue fied retiree, shall be reduced to the amount ‘‘(2) CALENDAR YEAR 2018.—For a month dur- coverage for United States and allied forces. ing 2018, the amount of retired pay payable of retired pay otherwise applicable to that (2) The mission of 106th Rescue Wing is to to a qualified retiree is the sum of— qualified retiree.’’. provide worldwide Personnel Recovery, Com- ‘‘(A) the amount specified in paragraph (1) (c) CONFORMING AMENDMENTS TO PHASE-IN bat Search and Rescue Capability, Expedi- for that qualified retiree; and FOR QUALIFIED RETIREES WITH DISABILITIES tionary Combat Support, and Civil Search ‘‘(B) 10 percent of the difference between (i) RATED 50 PERCENT DISABLING OR HIGHER.— and Rescue Support to Federal and State en- the current baseline offset, and (ii) the Subsection (c) of such section is amended— tities. amount specified in paragraph (1) for that (1) in the subsection caption, by inserting (3) The current security forces and commu- member’s disability. nications facility at Frances S. Gabreski Air ‘‘FOR QUALIFIED RETIREES WITH DISABILITIES ‘‘(3) CALENDAR YEAR 2019.—For a month dur- National Guard Base, specifically building RATED 50 PERCENT DISABLING OR HIGHER’’ ing 2019, the amount of retired pay payable 250, has fire safety deficiencies and does not after ‘‘FULL CONCURRENT RECEIPT’’; and to a qualified retiree is the sum of— comply with anti-terrorism/force protection (2) by striking ‘‘the second sentence of sub- ‘‘(A) the amount determined under para- standards, creating hazardous conditions for section (a)(1)’’ and inserting ‘‘subsection graph (2) for that qualified retiree; and members of the Armed Forces and requiring (a)(3)’’. ‘‘(B) 20 percent of the difference between (i) expeditious abatement. the current baseline offset, and (ii) the (d) CLERICAL AMENDMENTS.— (b) REPORT.—Not later than 180 days after amount determined under paragraph (2) for (1) The heading of such section is amended the date of the enactment of this Act, the that qualified retiree. to read as follows: Secretary of the Air Force shall submit to

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Mr. SCHUMER submitted an as follows: At the end of subtitle I of title X of divi- amendment intended to be proposed by At the end of subtitle H insert the fol- sion A, add the following: him to the bill S. 2943, to authorize ap- lowing: SEC. 1097. RESTRICTIONS ON THE ESTABLISH- propriations for fiscal year 2017 for SEC. 899C. INCLUSION OF WOMEN’S BUSINESS MENT OF NATIONAL MONUMENTS. military activities of the Department CENTERS AS APPROVED VENDORS Section 320301 of title 54, United States UNDER DEPARTMENT OF DEFENSE Code, is amended by adding at the end the ´ ´ of Defense, for military construction, MENTOR-PROTEGE PROGRAM. following: and for defense activities of the De- Section 831(f)(6) of the National Defense ‘‘(e) RESTRICTIONS ON THE ESTABLISHMENT partment of Energy, to prescribe mili- Authorization Act for Fiscal Year 1991 (Pub- OF NATIONAL MONUMENTS IN MILITARY OPER- tary personnel strengths for such fiscal lic Law 101–510; 10 U.S.C. 2302 note) is amend- ATIONS AREAS.—The President shall not es- year, and for other purposes; which was ed— tablish a national monument under this sec- ordered to lie on the table; as follows: (1) in subparagraph (B), by striking ‘‘; or’’ tion on land that is located under the lateral and inserting a semicolon; boundaries of a military operations area (as At the end of subtitle G of title V, add the (2) in subparagraph (C), by striking the pe- following: the term is defined in section 1.1 of title 14, riod at the end and inserting ‘‘; or’’; and Code of Federal Regulations (or successor SEC. 590. INCLUSION ON THE VIETNAM VET- (3) by adding at the end the following new regulations)), unless the proclamation in- ERANS MEMORIAL WALL OF THE subparagraph: NAMES OF THE 74 MEMBERS OF THE cludes language that ensures that the estab- CREW OF THE U.S.S. FRANK E. EVANS ‘‘(D) women’s business centers described in lishment of the national monument would WHO PERISHED ON JUNE 3, 1969. section 29 of the Small Business Act (15 not place any new limits on— (a) FINDING.—Congress makes the following U.S.C. 656).’’. ‘‘(1) any flight operations of military air- findings: craft; (1) On June 3, 1969, 74 sailors aboard the SA 4180. Mr. BLUMENTHAL (for ‘‘(2) the designation of a new unit of spe- U.S.S. Frank E. Evans perished when their himself, Mr. LEAHY, and Mr. FRANKEN) cial use airspace; vessel was struck in the South China Sea submitted an amendment intended to ‘‘(3) the use or establishment of military during a Southeast Asia Treaty Organization be proposed by him to the bill S. 2943, flight training routes; or exercise. The U.S.S. Frank E. Evans had to authorize appropriations for fiscal ‘‘(4) air or ground access for— been providing fire for combat operations in year 2017 for military activities of the ‘‘(A) emergency response; Vietnam prior to the exercise that resulted Department of Defense, for military ‘‘(B) electronic tracking and communica- in this catastrophic accident and was sched- tions; uled to return upon completion of the exer- construction, and for defense activities ‘‘(C) landing and drop zones; or cise. of the Department of Energy, to pre- ‘‘(D) readiness training by the Air Force, (2) The families of the lost 74 have been scribe military personnel strengths for joint forces, and coalition forces, including fighting for decades for their loved ones to such fiscal year, and for other pur- training using motorized vehicles on- or off- receive the recognition they deserve. Excep- poses; which was ordered to lie on the road, in accordance with applicable inter- tions have been granted to inscribe names on table; as follows: agency agreements.’’. the Vietnam Memorial Wall for other mem- At the end of subtitle I of title X, add the bers of the Armed Forces who were killed following: SA 4182. Mr. FLAKE submitted an outside of the designated combat zone, in- SEC. llll. CLARIFICATIONS REGARDING amendment intended to be proposed by cluding in 1983 when President Reagan or- SCOPE OF EMPLOYMENT AND REEM- him to the bill S. 2943, to authorize ap- dered that 68 Marines who died on a flight PLOYMENT RIGHTS OF MEMBERS OF propriations for fiscal year 2017 for outside of the combat zone be added to the THE UNIFORMED SERVICES. military activities of the Department Wall. Secretary of the Navy Ray Mabus also (a) CLARIFICATION REGARDING DEFINITION of Defense, for military construction, expressed support for the inclusion of the 74 OF RIGHTS AND BENEFITS.—Section 4303(2) of names of those lost on the U.S.S. Frank E. title 38, United States Code, is amended— and for defense activities of the De- Evans in June 1969. (1) by inserting ‘‘(A)’’ before ‘‘The term’’; partment of Energy, to prescribe mili- (3) Those crewmembers aboard were essen- and tary personnel strengths for such fiscal tial to United States military efforts in Viet- (2) by adding at the end the following new year, and for other purposes; which was nam, and their presence in the South China subparagraph: ordered to lie on the table; as follows: Sea was directly related to their combat de- ‘‘(B) Any procedural protections or provi- At the end of subtitle B of title III, add the ployment. This heroism and sacrifice should sions set forth in this chapter shall also be following: not go unrecognized because of an arbitrary considered a right or benefit subject to the line on a map, as their combat-related serv- SEC. 314. INSTALLATION RENEWABLE ENERGY protection of this chapter.’’. PROJECT DATABASE. ice deserves comparable acknowledgment. (b) CLARIFICATION REGARDING RELATION TO (a) LIMITATION.—Not later than 90 days The Vietnam Veterans Memorial Wall is a OTHER LAW AND PLANS FOR AGREEMENTS.— after the date of the enactment of this Act, symbolic beacon of reflection and healing for Section 4302 of such title is amended by add- the Secretary of Defense shall establish a generations. It is a sanctuary of honor for ing at the end the following: searchable database to uniformly report in- our members of the Armed Forces and family ‘‘(c)(1) Pursuant to this section and the formation regarding installation renewable alike. procedural rights afforded by subchapter III energy projects undertaken since 2010. (b) REPORT.—Not later than 120 days after of this chapter, any agreement to arbitrate a (b) ELEMENTS.—The database established the date of the enactment of this Act, the claim under this chapter is unenforceable, under subsection (a) shall include, for each Secretary of Defense shall provide the Re- unless all parties consent to arbitration installation energy project— quired Review of Vietnam Era Ships detail- after a complaint on the specific claim has (1) the estimated project costs; ing the findings of the ship logs and oper- been filed in court or with the Merit Systems (2) estimated power generation; ational analysis of the U.S.S. Frank E. Protection Board and all parties knowingly (3) estimated total cost savings; Evans. and voluntarily consent to have that par- (4) estimated payback period; (c) APPROVAL OF INCLUSION.—Not later ticular claim subjected to arbitration. (5) total project costs; than 180 days after the date of the enactment ‘‘(2) For purposes of this subsection, con- (6) actual power generation; of this Act, the Secretary of Defense shall, in sent shall not be considered voluntary when (7) actual cost savings to date; coordination with the Secretary of the Inte- a person is required to agree to arbitrate an (8) current operational status; and rior, approve the inclusion on the Vietnam action, complaint, or claim alleging a viola- (9) access to relevant business case docu- Veterans Memorial Wall of the names of the tion of this chapter as a condition of future ments, including the economic viability as- 74 sailors of the U.S.S. Frank E. Evans who or continued employment, advancement in sessment. perished on June 3, 1969. employment, or receipt of any right or ben- (c) NON-DISCLOSURE OF CERTAIN INFORMA- efit of employment.’’. SA 4179. Ms. CANTWELL (for herself, TION.— Mr. VITTER, and Mrs. SHAHEEN) sub- SA 4181. Mr. FLAKE submitted an (1) IN GENERAL.—The Secretary of Defense mitted an amendment intended to be amendment intended to be proposed by may, on a case-by-case basis, withhold from inclusion in the database established under proposed by her to the bill S. 2943, to him to the bill S. 2943, to authorize ap- subsection (a) information pertaining to in- authorize appropriations for fiscal year propriations for fiscal year 2017 for dividual projects if the Secretary determines 2017 for military activities of the De- military activities of the Department that the disclosure of such information partment of Defense, for military con- of Defense, for military construction, would jeopardize operational security.

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(2) REQUIRED DISCLOSURE.—In the event the or adhere to agreements with one or more SEC. 1097. CONSERVATION AND REHABILITATION Secretary withholds information related to labor organizations; and OF NATURAL RESOURCES ON MILI- one or more renewable energy projects under ‘‘(B) discriminate against or give pref- TARY INSTALLATIONS. paragraph (1), the Secretary shall include in erence to bidders, offerors, contractors, or Section 101(a)(3)(A)(ii) of the Sikes Act (16 the database— subcontractors based on their entering or re- U.S.C. 670a(a)(3)(A)(ii)) is amended by insert- (A) a statement that information has been fusing to enter into such an agreement. ing ‘‘, which activities shall be conducted in withheld; and ‘‘(2) Nothing in this subsection shall pro- accordance with applicable laws (including regulations) of the State in which the instal- (B) an aggregate amount for each of para- hibit a contractor or subcontractor from vol- lation is located’’ after ‘‘nonconsumptive graphs (1), (2), (3), (5), (6), and (7) of sub- untarily entering into such an agreement, as uses’’. section (b) that includes amounts for all re- is protected by the National Labor Relations newable energy projects described under sub- Act (29 U.S.C. 151 et seq.).’’. SA 4188. Mr. FLAKE submitted an (b) APPLICATION OF AMENDMENT.—The section (a), including those with respect to amendment intended to be proposed by which information has been withheld under amendment made by subsection (a) shall not paragraph (1) of this subsection. apply to construction contracts awarded be- him to the bill S. 2943, to authorize ap- (d) UPDATES.—The database established fore the date of the enactment of this Act. propriations for fiscal year 2017 for under subsection (a) shall be updated not less military activities of the Department than quarterly. SA 4185. Mr. FLAKE submitted an of Defense, for military construction, amendment intended to be proposed by and for defense activities of the De- SA 4183. Mr. FLAKE submitted an him to the bill S. 2943, to authorize ap- partment of Energy, to prescribe mili- amendment intended to be proposed by propriations for fiscal year 2017 for tary personnel strengths for such fiscal him to the bill S. 2943, to authorize ap- military activities of the Department year, and for other purposes; which was propriations for fiscal year 2017 for of Defense, for military construction, ordered to lie on the table; as follows: military activities of the Department and for defense activities of the De- At the end of subtitle H of title X, add the of Defense, for military construction, partment of Energy, to prescribe mili- following: and for defense activities of the De- tary personnel strengths for such fiscal SEC. 1085. COMPTROLLER GENERAL OF THE partment of Energy, to prescribe mili- year, and for other purposes; which was UNITED STATES REPORT ON PRO- GRAMS AND ACTIVITIES UNDER tary personnel strengths for such fiscal ordered to lie on the table; as follows: BUDGET FUNCTION 050 THAT DO year, and for other purposes; which was At the end of subtitle E of title V, add the NOT DIRECTLY IMPACT OR SUPPORT ordered to lie on the table; as follows: following: THE NATIONAL DEFENSE OF THE UNITED STATES. At the end of subtitle H of title X, add the SEC. 565. CONSOLIDATION OF FINANCIAL LIT- (a) REPORT REQUIRED.—Not later than Sep- following: ERACY PROGRAMS AND TRAINING FOR MEMBERS OF THE ARMED tember 30, 2017, the Comptroller General of SEC. 1085. ACKNOWLEDGMENT OF FEDERAL FORCES. the United States shall submit to Congress a FUNDING IN PUBLICATION OF RE- (a) PLAN REQUIRED.—Not later than one report that identifies each program or activ- PORTS ON STUDIES FUNDED BY THE ity for which funds were provided under DEPARTMENT OF DEFENSE. year after the date of the enactment of this budget function 050 during fiscal year 2016 (a) ACKNOWLEDGMENT.—Each report on a Act, the Secretary of Defense shall submit to that did not have a direct impact on, or di- covered study that is submitted, issued, pub- the Committees on Armed Services of the rectly support, the national defense of the lished, presented at a conference or meeting, Senate and the House of Representatives a United States. or otherwise made available to the public report setting forth a plan for the consolidation of the current financial literacy train- (b) ELEMENTS.—The report under sub- shall clearly disclose, in the acknowledg- section (a) shall include, for each program ment section of such report, the following: ing programs of the Department of Defense and the military departments for members of and activity identified in the report, the fol- (1) The department, agency, element, or lowing: component of the Department of Defense the Armed Forces into a single program of financial literacy training for members that— (1) A description of the program or activ- that provided funding for the covered study. ity. (2) The project or award number of the cov- (1) eliminates duplication and costs in the provision of financial literacy training to (2) The amount of funds provided under ered study. budget function 050 during fiscal year 2016 (3) An estimate of the total cost of the cov- members; and (2) ensures that members receive effective for the program or activity. ered study. (c) DEFINITIONS.—In this section: training in financial literacy in as few train- (b) COVERED STUDY DEFINED.—In this sec- (1) The term ‘‘direct impact’’, with respect ing sessions as is necessary for the receipt of tion, the term ‘‘covered study’’ means any to a program or activity and the national de- effective training. study that is carried out in whole or in part fense of the United States, means the pro- with Federal funds, regardless of by whom (b) IMPLEMENTATION.—The Secretary of De- fense and the Secretaries of the military de- gram or activity had an immediate effect on carried out. the ability of the Armed Forces to be em- (1) To include a price tag estimating the partments shall commence implementation of the plan required by subsection (a) 90 days ployed to protect and advance national in- cost to taxpayers on studies funded by the terests of the United States. Department of Defense. after the date of the submittal of the plan as required by that subsection. (2) The term ‘‘direct support’’, with respect to a program or activity and the national de- SA 4184. Mr. FLAKE submitted an SA 4186. Mr. FLAKE submitted an fense of the United States, means the pro- amendment intended to be proposed by amendment intended to be proposed by gram or activity provided a service to one or him to the bill S. 2943, to authorize ap- him to the bill S. 2943, to authorize ap- more components of the United States Gov- propriations for fiscal year 2017 for ernment that was used to protect and ad- propriations for fiscal year 2017 for military activities of the Department vance national interests of the United military activities of the Department of Defense, for military construction, States, including members of the Armed of Defense, for military construction, and for defense activities of the De- Forces and weapon systems. and for defense activities of the De- partment of Energy, to prescribe mili- partment of Energy, to prescribe mili- SA 4189. Mr. FLAKE submitted an tary personnel strengths for such fiscal tary personnel strengths for such fiscal amendment intended to be proposed by year, and for other purposes; which was year, and for other purposes; which was him to the bill S. 2943, to authorize ap- ordered to lie on the table; as follows: ordered to lie on the table; as follows: propriations for fiscal year 2017 for At the end of subtitle A of title XXVIII, Strike section 212. military activities of the Department add the following: of Defense, for military construction, SEC. 2804. USE OF PROJECT LABOR AGREEMENTS SA 4187. Mr. FLAKE submitted an and for defense activities of the De- IN MILITARY CONSTRUCTION partment of Energy, to prescribe mili- PROJECTS AND MILITARY FAMILY amendment intended to be proposed by HOUSING PROJECTS. him to the bill S. 2943, to authorize ap- tary personnel strengths for such fiscal (a) REQUIREMENTS.—Section 2852 of title 10, propriations for fiscal year 2017 for year, and for other purposes; which was United States Code, is amended by adding at military activities of the Department ordered to lie on the table; as follows: the end the following new subsection: of Defense, for military construction, At the end of subtitle H of title X, add the ‘‘(d)(1) The Secretary of Defense and the and for defense activities of the De- following: Secretaries of the military departments partment of Energy, to prescribe mili- SEC. 1085. REPORT ON MILITARY BANDS. awarding a construction contract on behalf tary personnel strengths for such fiscal Not later than December 1, 2016, the Sec- of the Government, in any solicitations, bid retary of Defense shall submit to the Com- specifications, project agreements, or other year, and for other purposes; which was mittees on Armed Services of the Senate and controlling documents, shall not— ordered to lie on the table; as follows: the House of Representatives a report, in un- ‘‘(A) require or prohibit bidders, offerors, At the end of subtitle I of title X, add the classified form, on military bands. The re- contractors, or subcontractors to enter into following: port shall set forth the following:

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(1) The current number and location of (2) CO-CHAIRS OF THE TASK FORCE.—The (3) to disrupt regional and global military bands, by Armed Force. term ‘‘Co-Chairs of the Task Force’’ means transnational organized criminal networks (2) The cost of military bands (including the Secretary of State, the Secretary of the and to prevent the illegal wildlife trade from costs of recruitment, training, facilities, and Interior, and the Attorney General, as estab- being used as a source of financing for crimi- transportation) during fiscal year 2016. lished pursuant to Executive Order 13648. nal groups that undermine United States and (3) The number of members of the Armed (3) COMMUNITY CONSERVATION .—The term global security interests; Forces assigned to military bands during fis- ‘‘community conservation’’ means an ap- (4) to prevent wildlife poaching and traf- cal year 2016. proach to conservation that recognizes the ficking from being a means to make a living (4) The history of reductions in military rights of local people to sustainably manage, in focus countries; bands during the five fiscal years ending in or benefit directly and indirectly from wild- (5) to support the efforts of, and collabo- fiscal year 2016. life and other natural resources and in- rate with, individuals, communities, local (5) An assessment of the feasibility and ad- cludes— organizations, and foreign governments to visability of combining military bands at (A) devolving management and governance combat poaching and wildlife trafficking; joint locations. to local communities to create positive con- (6) to assist focus countries in implementa- ditions for sustainable resource use; and tion of national wildlife anti-trafficking and SA 4190. Mr. FLAKE submitted an (B) building the capacity of communities poaching laws; and amendment intended to be proposed by for conservation and natural resource man- (7) to ensure that United States assistance him to the bill S. 2943, to authorize ap- agement. to prevent and suppress illicit wildlife traf- propriations for fiscal year 2017 for (4) COUNTRY OF CONCERN.—The term ‘‘coun- ficking is carefully planned and coordinated, military activities of the Department try of concern’’ refers to a foreign country and that it is systematically and rationally specially designated by the Secretary of prioritized on the basis of detailed analysis of Defense, for military construction, of the nature and severity of threats to wild- and for defense activities of the De- State pursuant to subsection (b) of section 1099I as a major source of wildlife trafficking life and the willingness and ability of foreign partment of Energy, to prescribe mili- products or their derivatives, a major transit partners to cooperate effectively toward tary personnel strengths for such fiscal point of wildlife trafficking products or their these ends. year, and for other purposes; which was derivatives, or a major consumer of wildlife SEC. 1099F. STATEMENT OF UNITED STATES POL- ordered to lie on the table; as follows: trafficking products, in which the govern- ICY. It is the policy of the United States— At the end of subtitle B of title XV, add ment has actively engaged in or knowingly (1) to take immediate actions to stop the the following: profited from the trafficking of endangered or threatened species. illegal global trade in wildlife and wildlife SEC. 1523. REPROGRAMMING OF CERTAIN FUNDS products and associated transnational orga- FOR OPERATION AND MAINTENANCE (5) FOCUS COUNTRY.—The term ‘‘focus coun- nized crime; FOR OVERSEAS CONTINGENCY OP- try’’ refers to a foreign country determined (2) to provide technical and other forms of ERATIONS. by the Secretary of State to be a major assistance to help focus countries halt the (a) REPROGRAMMING REQUIREMENT.—The source of wildlife trafficking products or poaching of elephants, rhinoceroses, and Secretary of Defense shall submit to the con- their derivatives, a major transit point of other imperiled species and end the illegal gressional defense committees a reprogram- wildlife trafficking products or their deriva- trade in wildlife and wildlife products, in- ming or transfer request in the amount of tives, or a major consumer of wildlife traf- cluding by providing training and assistance $406,396,696 from unobligated funds in the Op- ficking products. in— eration and Maintenance, Defense-wide, ac- (6) DEFENSE ARTICLE; DEFENSE SERVICE; SIG- (A) wildlife protection and management of count and available for the Office of Eco- NIFICANT MILITARY EQUIPMENT; TRAINING.— wildlife populations; nomic Adjustment, or for transfer to the The terms ‘‘defense article’’, ‘‘defense serv- (B) anti-poaching and effective manage- Secretary of Education, to construct, ren- ice’’, ‘‘significant military equipment’’, and ovate, repair, or expand elementary and sec- ment of protected areas including commu- ‘‘training’’ have the meanings given such nity managed and privately-owned lands; ondary public schools on military installa- terms in section 47 of the Arms Export Con- tions in order to address capacity or facility (C) local engagement of security forces in trol Act (22 U.S.C. 2794). anti-poaching responsibilities, where appro- condition deficiencies at such schools, to the (7) IMPLEMENTATION PLAN.—The term ‘‘Im- Operation and Maintenance, Overseas Con- priate; plementation Plan’’ means the Implementa- (D) wildlife trafficking investigative tech- tingency Operations, account. tion Plan for the National Strategy for Com- (b) TREATMENT OF REPROGRAMMING.—The niques, including forensic tools; bating Wildlife Trafficking released on Feb- transfer of an amount pursuant to subsection (E) transparency and corruption issues; ruary 11, 2015, a modification of that plan, or (a) shall not be deemed to increase the (F) management, tracking, and inventory a successor plan. amount authorized to be appropriated for fis- of confiscated wildlife contraband; (8) NATIONAL STRATEGY.—The term ‘‘Na- cal year 2017 for operation and maintenance (G) demand reduction strategies in coun- tional Strategy’’ means the National Strat- for overseas contingency operations by sec- tries that lack the means and resources to egy for Combating Wildlife Trafficking pub- tion 1505. conduct them; and lished on February 11, 2014, a modification of (H) bilateral and multilateral agreements SA 4191. Mr. FLAKE (for himself and that strategy, or a successor strategy. and cooperation; (9) NATIONAL WILDLIFE SERVICES.—The term Mr. COONS) submitted an amendment (3) to employ appropriate assets and re- ‘‘national wildlife services’’ refers to the sources of the United States Government in intended to be proposed by him to the ministries and government bodies designated bill S. 2943, to authorize appropriations a coordinated manner to curtail poaching to manage matters pertaining to wildlife and disrupt and dismantle illegal wildlife for fiscal year 2017 for military activi- management, including poaching or traf- trade networks and the financing of those ties of the Department of Defense, for ficking, in a focus country. networks in a manner appropriate for each military construction, and for defense (10) SECURITY FORCE.—The term ‘‘security focus country; activities of the Department of Energy, force’’ means a military, law enforcement, (4) to build upon the National Strategy and to prescribe military personnel gendarmerie, park ranger, or any other secu- Implementation Plan to further combat strengths for such fiscal year, and for rity force with a responsibility for pro- wildlife trafficking in a holistic manner and tecting wildlife and natural habitats. other purposes; which was ordered to guide the response of the United States Gov- (11) TASK FORCE.—The term ‘‘Task Force’’ ernment to ensure progress in the fight lie on the table; as follows: means the Presidential Task Force on Wild- against wildlife trafficking; and At the end of title X, add the following: life Trafficking, as established by Executive (5) to recognize the ties of wildlife traf- Subtitle J—Elimination, Neutralization, and Order 13648 (78 Fed. Reg. 40621) and modified ficking to broader forms of transnational or- Disruption of Wildlife Trafficking by section 201. ganized criminal activities, including traf- SECTION 1099A. SHORT TITLE. (12) WILDLIFE TRAFFICKING.—The term ficking, and where applicable, to focus on (a) SHORT TITLE.—This subtitle may be ‘‘wildlife trafficking’’ refers to the poaching those crimes in a coordinated, cross-cutting cited as the ‘‘Eliminate, Neutralize, and Dis- or other illegal taking of protected or man- manner. rupt Wildlife Trafficking Act of 2016’’. aged species and the illegal trade in wildlife PART II—REPORT ON MAJOR WILDLIFE SEC. 1099B. DEFINITIONS. and their related parts and products. TRAFFICKING COUNTRIES In this subtitle: PART I—PURPOSES AND POLICY SEC. 1099I. REPORT. (1) APPROPRIATE CONGRESSIONAL COMMIT- (a) REPORT.—Not later than one year after TEES.—The term ‘‘appropriate congressional SEC. 1099E. PURPOSES. the date of the enactment of this Act, and committees’’ means— The purposes of this subtitle are— annually thereafter, the Secretary of State, (A) the Committee on Foreign Relations (1) to support a collaborative, interagency in consultation with the Secretary of the In- and the Committee on Appropriations of the approach to address wildlife trafficking; terior and the Secretary of Commerce, shall Senate; and (2) to protect and conserve the remaining submit to Congress a report that lists each (B) the Committee on Foreign Affairs and populations of wild elephants, rhinoceroses, country determined by the Secretary of the Committee on Appropriations of the and other species threatened by poaching State to be a focus country within the mean- House of Representatives. and the illegal wildlife trade; ing of this subtitle.

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(b) SPECIAL DESIGNATION.—In each report Act, and annually thereafter, the Task Force ganizational clothing and individual equip- required under subsection (a), the Secretary shall submit a strategic assessment of its ment, pursuant to the applicable provision of of State, in consultation with the Secretary work and provide a briefing to the appro- the Arms Export Control Act (22 U.S.C. 2751 of the Interior and the Secretary of Com- priate congressional committees that shall et seq.) or the Foreign Assistance Act of 1961 merce, shall identify each country listed in include— (22 U.S.C. 2151 et seq.). the report that also constitutes a country of (1) a review and assessment of the Task (B) LIMITATION.—Assistance provided under concern (as defined in section 1099B(4)) . Force’s implementation of this subtitle, paragraph (1) may not include significant (c) SUNSET.—This section shall terminate identifying successes, failures, and gaps in military equipment. on the date that is 5 years after the date of its work, or that of agencies represented on (3) SPECIAL RULE.—Assistance provided the enactment of this Act. the Task Force, including detailed descrip- under paragraph (1) shall be in addition to PART III—FRAMEWORK FOR tions of— any other assistance provided to the coun- INTERAGENCY RESPONSE (A) what approaches, initiatives, or pro- tries under any other provision of law. grams have succeeded best in increasing the (4) PROHIBITION ON ASSISTANCE.— SEC. 1099L. PRESIDENTIAL TASK FORCE ON WILDLIFE TRAFFICKING. willingness and capacity of focus countries (A) IN GENERAL.—No assistance may be (a) RESPONSIBILITIES.—In addition to the to suppress and prevent illegal wildlife traf- provided under subsection (b) to a unit of a functions required by Executive Order 13648 ficking, and what approaches, initiatives, or security force if the President determines (78 Fed. Reg. 40621), the Task Force shall be programs have not succeeded as well as that the unit has been found to engage in informed by the Secretary of State’s annual hoped; and wildlife trafficking or poaching. report required under section 1099I and con- (B) which foreign governments subject to (B) EXCEPTION.—The prohibition in sub- sidering all available information, ensure subsections (a) and (b) of section 1099I have paragraph (A) shall not apply with respect to that relevant United States Government proven to be the most successful partners in a unit of a security force of a country if the agencies— suppressing and preventing illegal wildlife President determines that the government of (1) collaborate, to the greatest extent prac- trafficking, which focus countries have not the country is taking effective steps to hold ticable, with the national wildlife services, proven to be so, and what factors contrib- the unit accountable and prevent the unit or other relevant bodies of each focus coun- uted to these results in each country dis- from engaging in trafficking and poaching. try to prepare, not later than 90 days after cussed; (5) CERTIFICATION.—With respect to any as- the date of submission of the report required (2) a description of each Task Force mem- sistance provided pursuant to this sub- under section 1099I(a), a United States mis- ber agency’s priorities and objectives for section, the Secretary of State shall certify sion assessment of the threats to wildlife in combating wildlife trafficking; to the Committee on Foreign Relations of that focus country and an assessment of the (3) an account of total United States fund- the Senate and the Committee on Foreign capacity of that country to address wildlife ing each year since fiscal year 2014 for all Affairs of the House of Representatives that trafficking; government agencies and programs involved such assistance is necessary for the purposes (2) collaborate, to the greatest extent prac- in countering poaching and wildlife traf- of combating wildlife trafficking. ticable, with relevant ministries, national ficking; (6) NOTIFICATION.—Consistent with the re- wildlife services, or other relevant bodies of (4) an account of total United States fund- quirements of the Arms Export Control Act each focus country to prepare, not later than ing since fiscal year 2014 to support the ac- (22 U.S.C. 2751 et seq.) and the Foreign As- 180 days after preparation of the assessment tivities of the Task Force, including admin- sistance Act of 1961 (22 U.S.C. 2151 et seq.), referred to in paragraph (1), a United States istrative overhead costs and congressional the Secretary of State shall notify the ap- mission strategic plan that includes rec- reporting; and propriate congressional committees regard- ommendations for addressing wildlife traf- (5) recommendations for how to improve ing defense articles, defense services, and re- ficking, taking into account any regional or United States and international efforts to lated training provided under paragraph (1). national strategies for addressing wildlife suppress and prevent illegal wildlife traf- SEC. 1099P. ANTI-TRAFFICKING PROGRAMS. trafficking in a focus country developed be- ficking in the future, based upon the Task (a) INVESTIGATIVE CAPACITY BUILDING.— fore the preparation of such assessment; Force’s experience as of the time of the re- The Secretary of State and the Adminis- (3) coordinate efforts among United States view. trator of the United States Agency for Inter- Federal agencies and non-Federal partners, (e) TERMINATION OF TASK FORCE.—The stat- national Development, in collaboration with including missions, domestic and inter- utory authorization for the Task Force pro- the heads of other relevant United States national organizations, the private sector, vided by this subtitle shall terminate 5 years agencies and communities, regions, and gov- and other global partners, to implement the after the date of the enactment of this Act ernments in focus countries, may design and strategic plans required by paragraph (2) in or such earlier date that the President ter- implement programs in focus countries to each focus country; minates the Task Force by rescinding, super- carry out the recommendations made in the (4) not less frequently than annually, con- seding, or otherwise modifying relevant por- strategic plan required under section sult and coordinate with stakeholders quali- tions of Executive Order 13648. 1099L(a)(2) among other goals, with clear and fied to provide advice, assistance, and infor- PART IV—PROGRAMS TO ADDRESS THE measurable targets and indicators of success, mation regarding effective support for anti- ESCALATING WILDLIFE TRAFFICKING to increase the capacity of wildlife law en- poaching activities, coordination of regional CRISIS forcement and customs and border security law enforcement efforts, development of and SEC. 1099O. ANTI-POACHING PROGRAMS. officers in focus countries. support for effective legal enforcement (a) WILDLIFE LAW ENFORCEMENT PROFES- (b) TRANSNATIONAL PROGRAMS.—The Sec- mechanisms, and development of strategies SIONAL TRAINING AND COORDINATION ACTIVI- retary of State and the Administrator of the to reduce illicit trade and reduce consumer TIES.—The Secretary of State and the Ad- United States Agency for International De- demand for illegally traded wildlife and wild- ministrator of the United States Agency for velopment, in collaboration with other rel- life products, and other relevant topics under International Development, in collaboration evant United States agencies, nongovern- this subtitle; and with the heads of other relevant United mental partners, and international bodies, (5) coordinate or carry out other functions States agencies and nongovernmental part- and in collaboration with communities, re- as are necessary to implement this subtitle. ners where appropriate, may provide assist- gions, and governments in focus countries, (b) DUPLICATION AND EFFICIENCY.—The ance to focus countries to carry out the rec- may design and implement programs, includ- Task Force shall— ommendations made in the strategic plan re- ing support for Wildlife Enforcement Net- (1) ensure that the activities of the Federal quired by section 1099L(a)(2), among other works, in focus countries to carry out the agencies involved in carrying out efforts goals, to improve the effectiveness of wildlife recommendations made in the strategic plan under this subtitle are coordinated and not law enforcement in regions and countries required under section 1099L(a)(2), among duplicated; and that have demonstrated capacity, willing- other goals, to better understand and combat (2) encourage efficiencies and coordination ness, and need for assistance. the transnational trade in illegal wildlife. among the efforts of Federal agencies and (b) AUTHORITY TO PROVIDE SECURITY AS- SEC. 1099Q. ENGAGEMENT OF UNITED STATES interagency initiatives ongoing as of the SISTANCE TO COUNTER WILDLIFE TRAFFICKING DIPLOMATIC MISSIONS. date of the enactment of this Act to address AND POACHING.— As soon as practicable but not later than 2 trafficking activities, including trafficking (1) IN GENERAL.—The President is author- years after the date of the enactment of this of wildlife, humans, weapons, and narcotics, ized to provide defense articles, defense serv- Act, each chief of mission to a focus country illegal trade, transnational organized crime, ices, and related training to security forces should begin to implement the recommenda- or other illegal activities. of focus countries for the purpose of coun- tions contained in the strategic plan re- (c) CONSISTENCY WITH AGENCY RESPONSIBIL- tering wildlife trafficking and poaching quired under section 1099L(a)(2), among other ITIES.—The Task Force shall carry out its re- where appropriate. goals, for the country. sponsibilities under this subtitle in a manner (2) TYPES OF ASSISTANCE.— SEC. 1099R. COMMUNITY CONSERVATION. consistent with the authorities and respon- (A) IN GENERAL.—Assistance provided The Secretary of State, in collaboration sibilities of agencies represented on the Task under paragraph (1) may include intelligence with the United State Agency for Inter- Force. and surveillance assets, communications and national Development, heads of other rel- (d) TASK FORCE STRATEGIC REVIEW.—One electronic equipment, mobility assets, night evant United States agencies, the private year after the date of the enactment of this vision and thermal imaging devices, and or- sector, nongovernmental organizations, and

VerDate Sep 11 2014 03:13 May 26, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.044 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3209 other development partners, may provide ‘‘(4) The Secretary of Commerce and the Strike section 601 and insert the following: support in focus countries to carry out the Secretary of the Interior shall each report to SEC. 601. FISCAL YEAR 2017 INCREASE IN MILI- recommendations made in the strategic plan Congress each certification to the President TARY BASIC PAY. required under section 1099L(a)(2) as such made by such Secretary under this sub- (a) WAIVER OF SECTION 1009 ADJUSTMENT.— recommendations relate to the development, section, within 15 days after making such The adjustment to become effective during scaling, and replication of community wild- certification.’’; and fiscal year 2017 required by section 1009 of life conservancies and community conserva- (2) in subsection (d), by inserting ‘‘in con- title 37, United States Code, in the rates of tion programs in focus countries to assist sultation with the Secretary of State,’’ after monthly basic pay authorized members of with rural stability and greater security for ‘‘as the case may be,’’. the uniformed services shall not be made. people and wildlife, empower and support (b) INCREASE IN BASIC PAY.—Effective on communities to manage or benefit from SA 4192. Mr. FLAKE submitted an January 1, 2017, the rates of monthly basic their wildlife resources sustainably, and re- amendment intended to be proposed by pay for members of the uniformed services duce the threat of poaching and trafficking, him to the bill S. 2943, to authorize ap- are increased by 2.1 percent. including through— propriations for fiscal year 2017 for (c) FUNDING.— (1) promoting conservation-based enter- military activities of the Department (1) INCREASE IN AMOUNT FOR MILITARY PER- SONNEL.—The amount authorized to be ap- prises and incentives, such as eco-tourism of Defense, for military construction, and sustainable agricultural production, propriated for fiscal year 2017 by section 421 that empower communities to manage wild- and for defense activities of the De- is hereby increased by the amount necessary life, natural resources, and community ven- partment of Energy, to prescribe mili- to provide an increase in military basic pay tures where appropriate, by ensuring they tary personnel strengths for such fiscal under subsection (b) by 2.1 percent rather benefit from well-managed wildlife popu- year, and for other purposes; which was than 1.6 percent, with the amount to be lations; ordered to lie on the table; as follows: available for military personnel to provide (2) helping create alternative livelihoods to At the end of subtitle A of title XXVIII, such increase. poaching by mitigating wildlife trafficking, add the following: (2) OFFSET.—The aggregate amount authorized to be appropriated for fiscal year helping support rural stability, greater secu- SEC. 2804. PROHIBITION ON USE OF MILITARY rity for people and wildlife, sustainable eco- CONSTRUCTION FUNDS FOR UNUTI- 2017 by this division, other than the amount nomic development, and economic incentives LIZED OVERSEAS MILITARY INSTAL- authorize to be appropriated by section 421, to conserve wildlife populations; LATIONS. is hereby reduced by the amount necessary (3) engaging regional businesses and the None of the funds authorized to be appro- to provide an increase in military basic pay private sector to develop goods and services priated by this Act or otherwise made avail- under subsection (b) by 2.1 percent rather to aid in anti-poaching and anti-trafficking able for fiscal year 2017 may be made avail- than 1.6 percent, with the amount of the re- measures; able for a construction project at a military duction to be achieved by terminating fund- (4) working with communities to develop installation located outside the United ing for projects determined to be low-pri- secure and safe methods of sharing informa- States that has been identified by the Spe- ority projects by the Joint Chiefs of Staff. tion with enforcement officials; cial Inspector General for Afghanistan Re- (5) providing technical assistance to sup- construction (SIGAR) as having a zero utili- SA 4195. Mr. RUBIO submitted an port sustainable land use plans to improve zation rate or being completely unutilized. amendment intended to be proposed by the economic, environmental, and social out- him to the bill S. 2943, to authorize ap- comes in community-owned or -managed SA 4193. Mr. RUBIO submitted an propriations for fiscal year 2017 for lands; amendment intended to be proposed by military activities of the Department (6) supporting community anti-poaching him to the bill S. 2943, to authorize ap- of Defense, for military construction, efforts, including policing and informant propriations for fiscal year 2017 for networks; and for defense activities of the De- military activities of the Department partment of Energy, to prescribe mili- (7) working with community and national of Defense, for military construction, governments to develop relevant policy and tary personnel strengths for such fiscal regulatory frameworks to enable and pro- and for defense activities of the De- year, and for other purposes; which was mote community conservation programs, in- partment of Energy, to prescribe mili- ordered to lie on the table; as follows: cluding supporting law enforcement engage- tary personnel strengths for such fiscal At the end of subtitle C of title I, add the ment with wildlife protection authorities to year, and for other purposes; which was following: promote information-sharing; and ordered to lie on the table; as follows: SEC. 128. TICONDEROGA-CLASS GUIDED MISSILE (8) working with national governments to At the end of subtitle I of title X, add the CRUISER REPLACEMENT. ensure that communities have timely and ef- following: (a) IN GENERAL.—Not later than March 1, fective support from national authorities to SEC. 1097. PROHIBITION ON USE OF FUNDS FOR 2017, the Chief of Naval Operations shall sub- mitigate risks that communities may face ALTERNATIVE OR RENEWABLE EN- mit to the congressional defense committees when engaging in anti-poaching and anti- ERGY. a report on any elements under subsection trafficking activities. (a) IN GENERAL.—None of the funds author- (b) regarding the TICONDEROGA-class guid- PART V—TRANSITION OF OVERSEAS CON- ized to be appropriated or otherwise made ed missile cruiser replacement that were not TINGENCY FUNDING TO BASE FUNDING available by this Act may be obligated or ex- covered in the studies of fleet platform ar- pended by the Secretary of Defense— SEC. 1099U. SENSE OF CONGRESS ON FUNDING. chitectures directed in section 1067 of the (1) to purchase energy from alternative It is the sense of Congress that the Presi- National Defense Authorization Act for Fis- sources unless such energy is equivalent to dent and Congress should provide for an ap- cal Year 2016 (Public Law 114–92; 129 Stat. conventional energy in terms of cost and ca- propriate and responsible transition for fund- 991). pabilities; or (b) ELEMENTS.—The elements referred to in ing designated for overseas contingency op- (2) to carry out any provision of law that subsection (a) are as follows: erations to traditional and regular annual requires the Department of Defense— (1) Shipbuilding or other modernization op- appropriations, including emergency supple- (A) to consume renewable energy, unless tions to meet or exceed the air defense com- mental funding, as appropriate. such energy is equivalent to conventional mander capabilities of TICONDEROGA-class PART VI—OTHER ACTIONS RELATING TO energy in terms of cost and capabilities; or guided missile cruisers, such that there is no WILDLIFE TRAFFICKING PROGRAMS (B) to reduce the overall amount of energy loss in capability as TICONDEROGA-class SEC. 1099X. AMENDMENTS TO FISHERMAN’S PRO- consumed by the Department. guided missile cruisers decommission. TECTIVE ACT OF 1967. (b) CALCULATION.—For purposes of sub- (2) Options to alter the physical dimen- Section 8 of the Fisherman’s Protective section (a), the cost of an energy source shall sions of Mark 41 vertical launching system Act of 1967 (22 U.S.C. 1978) is amended— be calculated on a pre-tax basis in terms of cells to accommodate different weapons, as (1) in subsection (a)— life cycle cost. compared to the TICONDEROGA-class cruis- (A) in paragraph (1), by inserting ‘‘, in con- ers. sultation with the Secretary of State,’’ after SA 4194. Mr. RUBIO submitted an (3) Options to maintain or expand the num- ‘‘Secretary of Commerce’’; amendment intended to be proposed by ber of vertical launching system cells avail- (B) in paragraph (2), by inserting ‘‘, in con- him to the bill S. 2943, to authorize ap- able in the fleet, as TICONDEROGA-class sultation with the Secretary of State,’’ after propriations for fiscal year 2017 for cruisers decommission. ‘‘Secretary of the Interior’’; military activities of the Department (4) Options to allow the Navy to reload (C) in paragraph (3), by inserting ‘‘in con- of Defense, for military construction, vertical launching system cells at sea. sultation with the Secretary of State,’’ after and for defense activities of the De- (5) Description of findings from the studies ‘‘, as appropriate,’’; of fleet platform architectures that were in- (D) by redesigning paragraph (4) as para- partment of Energy, to prescribe mili- corporated in the budget of the President graph (5); and tary personnel strengths for such fiscal submitted to Congress under section 1105(a) (E) by inserting after paragraph (3) the fol- year, and for other purposes; which was of title 31, United States Code, for fiscal year lowing new paragraph: ordered to lie on the table; as follows: 2018.

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.044 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3210 CONGRESSIONAL RECORD — SENATE May 25, 2016 SA 4196. Mr. RUBIO submitted an SEC. 1031. PROHIBITION ON TRANSFER OF INDI- partment of Energy, to prescribe mili- amendment intended to be proposed by VIDUALS DETAINED AT UNITED tary personnel strengths for such fiscal STATES NAVAL STATION, GUANTA- him to the bill S. 2943, to authorize ap- NAMO BAY, CUBA, TO FOREIGN year, and for other purposes; which was propriations for fiscal year 2017 for COUNTRIES OR ENTITIES WITHOUT ordered to lie on the table; as follows: military activities of the Department ASSESSMENT THAT INDIVIDUALS At the end of subtitle D of title XVI, add WILL POSE NO RISK TO MILITARY the following: of Defense, for military construction, AND CIVILIAN PERSONNEL OF THE and for defense activities of the De- UNITED STATES OVERSEAS AFTER SEC. 1655. LIMITATION ON USE OF FUNDS RELAT- TRANSFER. ING TO REDUCING THE ALERTNESS partment of Energy, to prescribe mili- LEVEL OR NUMBER OF INTERCONTI- (a) PROHIBITION.—An individual detained at tary personnel strengths for such fiscal NENTAL BALLISTIC MISSILES. Guantanamo may not be transferred to a for- year, and for other purposes; which was (a) IN GENERAL.—None of the funds author- eign country or a foreign entity unless the ordered to lie on the table; as follows: ized to be appropriated or otherwise made Director of National Intelligence, the Direc- available by this Act may be obligated or ex- At the end of subtitle H of title X, add the tor of the Central Intelligence Agency, the pended to reduce, or to prepare to reduce— following: Director of the Defense Intelligence Agency, (1) the responsiveness or alert level of the and the Director of the Federal Bureau of In- SEC. 1277. SENSE OF THE SENATE ON INTEGRA- intercontinental ballistic missiles of the TION OF ELECTROMAGNETIC vestigation unanimously agree that the indi- United States; or RAILGUN INTO NAVY FLEET OF vidual after transfer will pose no risk to (2) the number of deployed interconti- LARGE SURFACE COMBATANTS. members of the Armed Forces or civilian nental ballistic missiles of the United States It is the sense of the Senate that the Navy personnel of the United States Government to a number that is less than 400. should expedite the deployment and integra- overseas. (b) EXCEPTIONS.—The prohibition under (b) CONSTRUCTION.—The prohibition in sub- tion of the electromagnetic railgun into the subsection (a) shall not apply with respect section (a) in connection with the transfer of fleet of large surface combatants. to— an individual detained at Guantanamo is in (1) activities relating to— addition to any other requirement or limita- (A) the maintenance or sustainment of SA 4197. Mr. RUBIO submitted an tion on the transfer by law. intercontinental ballistic missiles; or amendment intended to be proposed by (c) INDIVIDUAL DETAINED AT GUANTANAMO (B) ensuring the safety, security, or reli- him to the bill S. 2943, to authorize ap- DEFINED.—In this section, the term ‘‘indi- ability of intercontinental ballistic missiles; propriations for fiscal year 2017 for vidual detained at Guantanamo’’ means an or individual located at United States Naval (2) reductions in the number of deployed military activities of the Department Station, Guantanamo Bay, Cuba, as of Octo- of Defense, for military construction, intercontinental ballistic missiles that are ber 1, 2009, who— carried out to comply with limitations im- and for defense activities of the De- (1) is not a national of the United States posed under— partment of Energy, to prescribe mili- (as defined in section 101(a)(22) of the Immi- (A) the Treaty on Measures for the Further tary personnel strengths for such fiscal gration and Nationality Act (8 U.S.C. Reduction and Limitation of Strategic Of- year, and for other purposes; which was 1101(a)(22)) or a member of the Armed Forces fensive Arms, signed on April 8, 2010, and en- ordered to lie on the table; as follows: of the United States; and tered into force on February 5, 2011, between (2) is— the United States and the Russian Federa- At the end of subtitle D of title X, add the (A) in the custody or under the control of tion (commonly known as the ‘‘New START following: the Department of Defense; or Treaty’’); or SEC. 1031. PROHIBITION ON TRANSFER OF INDI- (B) otherwise detained at United States (B) any Act authorizing appropriations for VIDUALS DETAINED AT UNITED Naval Station, Guantanamo Bay. the military activities of the Department of STATES NAVAL STATION, GUANTA- Defense or for defense activities of the De- NAMO BAY, CUBA, TO FOREIGN SA 4199. Mr. RUBIO submitted an partment of Energy that is enacted before COUNTRIES OR ENTITIES IN THE amendment intended to be proposed by the date of the enactment of this Act. WESTERN HEMISPHERE. him to the bill S. 2943, to authorize ap- (a) PROHIBITION.—An individual detained at propriations for fiscal year 2017 for SA 4201. Mr. CORNYN submitted an Guantanamo may not be transferred to a for- military activities of the Department amendment intended to be proposed by eign country or a foreign entity in the West- of Defense, for military construction, him to the bill S. 2943, to authorize ap- ern Hemisphere. and for defense activities of the De- propriations for fiscal year 2017 for (b) CONSTRUCTION.—The prohibition in sub- military activities of the Department section (a) in connection with the transfer of partment of Energy, to prescribe military personnel strengths for such fiscal of Defense, for military construction, an individual detained at Guantanamo is in and for defense activities of the De- addition to any other requirement or limita- year, and for other purposes; which was tion on the transfer by law. ordered to lie on the table; as follows: partment of Energy, to prescribe military personnel strengths for such fiscal (c) INDIVIDUAL DETAINED AT GUANTANAMO At the end of subtitle D of title X, add the year, and for other purposes; which was DEFINED.—In this section, the term ‘‘indi- following: vidual detained at Guantanamo’’ means an SEC. 1031. PROHIBITION ON RELINQUISHMENT ordered to lie on the table; as follows: individual located at United States Naval OR ABANDONMENT OF UNITED At the end of subtitle H of title XII, add Station, Guantanamo Bay, Cuba, as of Octo- STATES NAVAL STATION, GUANTA- the following: ber 1, 2009, who— NAMO BAY, CUBA. SEC. 1277. IMPOSITION OF SANCTIONS ON INDI- (1) is not a national of the United States No action may be taken to modify, abro- VIDUALS WHO WERE COMPLICIT IN (as defined in section 101(a)(22) of the Immi- gate, or replace the stipulations, agree- VIOLATIONS OF THE GENEVA CON- ments, and commitments contained in the VENTION OR THE RIGHT UNDER gration and Nationality Act (8 U.S.C. INTERNATIONAL LAW TO CONDUCT 1101(a)(22)) or a member of the Armed Forces Guantanamo Lease Agreements, or to impair or abandon the jurisdiction and control of INNOCENT PASSAGE. of the United States; and (a) REPORT REQUIRED.— (2) is— the United States over United States Naval Station, Guantanamo Bay, Cuba, unless spe- (1) IN GENERAL.—Not later than 60 days (A) in the custody or under the control of after the date of the enactment of this Act, the Department of Defense; or cifically authorized or otherwise provided for by one of the following: the President shall submit to the appro- (B) otherwise detained at United States priate congressional committees a report Naval Station, Guantanamo Bay. (1) An Act that is enacted after the date of the enactment of this Act. that includes— (2) A treaty that is ratified by and with the (A) a determination with respect to wheth- SA 4198. Mr. RUBIO submitted an advice and consent of the Senate. er, during or after the incident that began on amendment intended to be proposed by (3) A modification of the Treaty Between January 12, 2016, in which forces of Iran him to the bill S. 2943, to authorize ap- the United States of America and Cuba boarded two United States Navy riverine signed at Washington, DC, on May 29, 1934, combat vessels and detained at gunpoint the propriations for fiscal year 2017 for crews of those vessels, any of the actions of military activities of the Department that is ratified by and with the advice and consent of the Senateo. the forces of Iran constituted a violation of— of Defense, for military construction, (i) the Geneva Convention; or and for defense activities of the De- SA 4200. Mr. RUBIO submitted an (ii) the right under international law to partment of Energy, to prescribe mili- amendment intended to be proposed by conduct innocent passage; and tary personnel strengths for such fiscal him to the bill S. 2943, to authorize ap- (B) a certification with respect to whether or not Federal funds, including the year, and for other purposes; which was propriations for fiscal year 2017 for ordered to lie on the table; as follows: $1,700,000,000 payment that was announced by military activities of the Department the Secretary of State on January 17, 2016, At the end of subtitle D of title X, add the of Defense, for military construction, were paid to Iran, directly or indirectly, to following: and for defense activities of the De- effect the release of—

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.045 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3211 (i) the members of the United States Navy (ii) receive any lawful immigration status Mr. WARNER, Ms. MIKULSKI, Mr. who were detained in the incident described in the United States under the immigration BLUMENTHAL, and Mr. BENNET) sub- in subparagraph (A); or laws; or mitted an amendment intended to be (ii) other United States citizens, including (iii) file any application or petition to ob- proposed by him to the bill S. 2943, to Jason Rezaian, Amir Hekmati, Saeed tain such admission, entry, or status. Abedini, Nosratollah Khosravi-Roodsari, and (B) BLOCKING OF PROPERTY.— authorize appropriations for fiscal year Matthew Trevithick, the release of whom (i) IN GENERAL.—The President shall, pur- 2017 for military activities of the De- was announced on January 16, 2016. suant to the International Emergency Eco- partment of Defense, for military con- (2) ACTIONS TO BE ASSESSED.—In assessing nomic Powers Act (50 U.S.C. 1701 et seq.), struction, and for defense activities of actions of the forces of Iran under paragraph block and prohibit all transactions in all the Department of Energy, to prescribe (1)(A), the President shall consider, at a min- property and interests in property of a per- military personnel strengths for such imum, the following actions: son on the list required by subsection (b) if fiscal year, and for other purposes; (A) The stopping, boarding, search, and sei- such property and interests in property are zure of the two United States Navy riverine in the United States, come within the United which was ordered to lie on the table; combat vessels in the incident described in States, or are or come within the possession as follows: paragraph (1)(A). or control of a United States person. At the end of subtitle B of title IX, add the (B) The removal from their vessels and de- (ii) EXCEPTION RELATING TO IMPORTATION OF following: tention of members of the United States GOODS.— SEC. 926. ESTABLISHMENT OF A UNIFIED COM- Armed Forces in that incident. (I) IN GENERAL.—The authority to block BATANT COMMAND FOR CYBER OP- (C) The theft or confiscation of electronic and prohibit all transactions in all property ERATIONS FORCES. navigational equipment or any other equip- and interests in property under clause (i) With the advice and assistance of the ment from the vessels. shall not include the authority to impose Chairman of the Joint Chiefs of Staff, the (D) The forcing of one or more members of sanctions on the importation of goods. President shall, through the Secretary of De- the United States Armed Forces to apologize (II) GOOD.—In this subparagraph, the term fense, establish a unified combatant com- for their actions. ‘‘good’’ has the meaning given that term in mand for cyber operations forces. The prin- (E) The display, videotaping, or section 16 of the Export Administration Act cipal function of the command is to prepare photographing of members of the United of 1979 (50 U.S.C. 4618) (as continued in effect cyber operations forces to carry out assigned States Armed Forces and the subsequent pursuant to the International Emergency missions. broadcasting or other use of those photo- Economic Powers Act (50 U.S.C. 1701 et graphs or videos. seq.)). SA 4203. Mr. PERDUE submitted an (F) The forcing of female members of the (iii) PENALTIES.—A person that violates, amendment intended to be proposed by United States Armed Forces to wear head attempts to violate, conspires to violate, or him to the bill S. 2943, to authorize ap- coverings. causes a violation of clause (i) or any regula- propriations for fiscal year 2017 for (3) DESCRIPTION OF ACTIONS.—In the case of tion, license, or order issued to carry out military activities of the Department each action that the President determines clause (i) shall be subject to the penalties set of Defense, for military construction, under paragraph (1)(A) is a violation of the forth in subsections (b) and (c) of section 206 Geneva Convention or the right under inter- of the International Emergency Economic and for defense activities of the De- national law to conduct innocent passage, Powers Act (50 U.S.C. 1705) to the same ex- partment of Energy, to prescribe mili- the President shall include in the report re- tent as a person that commits an unlawful tary personnel strengths for such fiscal quired by that paragraph a description of the act described in subsection (a) of that sec- year, and for other purposes; which was action and an explanation of how the action tion. ordered to lie on the table; as follows: violated the Geneva Convention or the right (d) DEFINITIONS.—In this section: At the end of subtitle A of title X, add the to conduct innocent passage, as the case may (1) ADMITTED; ALIEN; IMMIGRATION LAWS.— following: The terms ‘‘admitted’’, ‘‘alien’’, and ‘‘immi- be. SEC. 1004. REPORT ON PLAN OF THE DEPART- (4) FORM OF REPORT.—The report required gration laws’’ have the meanings given those MENT OF DEFENSE TO OBTAIN AN by paragraph (1) shall be submitted in un- terms in section 101 of the Immigration and AUDIT WITH UNQUALIFIED OPINION classified form, but may include a classified Nationality Act (8 U.S.C. 1101). ON THE GENERAL FUND STATEMENT annex. (2) APPROPRIATE CONGRESSIONAL COMMIT- OF ITS BUDGETARY RESOURCES. (b) LIST OF CERTAIN PERSONS WHO HAVE TEES.—The term ‘‘appropriate congressional (a) FINDINGS.—Congress makes the fol- BEEN COMPLICIT IN VIOLATIONS OF THE GENE- committees’’ means— lowing findings: VA CONVENTION OR THE RIGHT TO CONDUCT IN- (A) the Committee on Armed Services, the (1) Section 9 of Article I of the Constitu- NOCENT PASSAGE.— Committee on Foreign Relations, and the Se- tion of the United States requires all agen- (1) IN GENERAL.—Not later than 30 days lect Committee on Intelligence of the Sen- cies of the Federal Government, including after the submission of the report required ate; and the Department of Defense, to publish ‘‘a by subsection (a), if the President has deter- (B) the Committee on Armed Services, the regular statement and account of the re- mined that one or more actions of the forces Committee on Foreign Affairs, and the Per- ceipts and expenditures of all public money’’. of Iran constituted a violation of the Geneva manent Select Committee on Intelligence of (2) Section 3515 of title 31, United States Convention or the right under international the House of Representatives. Code, requires the agencies of the Federal law to conduct innocent passage, the Presi- (3) FORCES OF IRAN.—The term ‘‘forces of Government, including the Department of dent shall submit to the appropriate congres- Iran’’ means the Islamic Revolutionary Defense, to present auditable financial state- sional committees a list of persons who are Guard Corps, members of other military or ments beginning not later than March 1, officials of the Government of Iran or were paramilitary units of the Government of 1997. The Department has not complied with acting on behalf of that Government that, Iran, and other agents of that Government. this law. based on credible evidence, are responsible (4) GENEVA CONVENTION.—The term ‘‘Gene- (3) The Federal Financial Management Im- for or complicit in, or responsible for order- va Convention’’ means the Convention rel- provement Act of 1996 (31 U.S.C. 3512 note) ing, controlling, or otherwise directing, any ative to the Treatment of Prisoners of War, requires financial systems acquired by the such violation. done at Geneva on August 12, 1949 (6 UST Federal Government, including the Depart- (2) UPDATES OF LIST.—The President shall 3316) (commonly referred to as the ‘‘Geneva ment of Defense, to be able to provide infor- submit to the appropriate congressional Convention (III))’’. mation to leaders to manage and control the committees an updated list under paragraph (5) INNOCENT PASSAGE.—The term ‘‘inno- cost of Government. The Department has not (1) as new information becomes available. cent passage’’ means the principle under cus- complied with this law. (3) PUBLIC AVAILABILITY.—To the maximum tomary international law that all vessels (b) REPORT.— extent practicable, the list required by para- have the right to conduct innocent passage (1) IN GENERAL.—Not later than 90 days graph (1) shall be made available to the pub- through another country’s territorial waters after the date of the enactment of this Act, lic and posted on publicly accessible Internet for the purpose of continuous and expedi- the Secretary of Defense shall submit to the websites of the Department of Defense and tious traversing. congressional defense committees a report the Department of State. (6) UNITED STATES PERSON.—The term setting forth a plan to obtain an audit with (c) IMPOSITION OF SANCTIONS.— ‘‘United States person’’ means— unqualified opinion on the general fund (1) IN GENERAL.—The President shall im- (A) a United States citizen or an alien law- statement of the budgetary resources of the pose the sanctions described in paragraph (2) fully admitted for permanent residence to Department of Defense. with respect to each person on the list re- the United States; or (2) PLAN ELEMENTS.—The plan required quired by subsection (b). (B) an entity organized under the laws of pursuant to paragraph (1) shall include the (2) SANCTIONS.— the United States or of any jurisdiction following: (A) PROHIBITION ON ENTRY AND ADMISSION within the United States, including a foreign (A) An intent to present auditable finan- TO THE UNITED STATES.—An alien on the list branch of such an entity. cial statements of the Department. required by subsection (b) may not— (B) The date, not later than September 1, (i) be admitted to, enter, or transit SA 4202. Mr. DAINES (for himself, 2017, on which the Department shall be ready through the United States; Mrs. ERNST, Mr. CARDIN, Mr. GARDNER, to obtain an audit with unqualified opinion

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.038 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3212 CONGRESSIONAL RECORD — SENATE May 25, 2016 on the general fund statement of its budg- cant activities undermining cybersecurity (A) an individual who is a citizen of the etary resources. described in paragraph (1). United States or an alien lawfully admitted (C) A description the matters that cur- (D) A strategy to counter efforts by per- for permanent residence to the United rently impede the ability of the Department sons to conduct significant activities under- States; to be ready as described in subparagraph (B). mining cybersecurity described in paragraph (B) an entity organized under the laws of (D) A strategy to address and resolve such (1), including efforts to engage foreign gov- the United States or any jurisdiction within matters. ernments to halt the capability of persons to the United States, including a foreign branch conduct those activities described in para- of such an entity; or SA 4204. Mr. INHOFE (for himself, graph (1). (C) any government entity in the United Ms. MIKULSKI, Mr. ROUNDS, Mr. TILLIS, (3) FORM.—The report required under para- States, whether Federal, State, or local. Mr. BURR, Ms. MURKOWSKI, Mr. HATCH, graph (1) shall be submitted in unclassified SA 4206. Mrs. FISCHER submitted an Mr. UDALL, Ms. HIRONO, Mr. LANKFORD, form but may include a classified annex. (b) DESIGNATION OF PERSONS.— amendment intended to be proposed by Ms. COLLINS, Mrs. BOXER, Mr. CARDIN, (1) IN GENERAL.—Except as provided in her to the bill S. 2943, to authorize ap- Mrs. MURRAY, Mrs. CAPITO, Mr. BROWN, paragraph (2), the President shall include on propriations for fiscal year 2017 for Mr. WARNER, Mr. BOOZMAN, Mr. VITTER, the specially designated nationals and military activities of the Department Mrs. GILLIBRAND, Mr. NELSON, Mr. blocked persons list maintained by the Office of Defense, for military construction, SCHUMER, Mr. KAINE, Mr. MARKEY, Mr. of Foreign Assets Control of the Department and for defense activities of the De- SCHATZ, Ms. KLOBUCHAR, Mr. WHITE- of the Treasury— partment of Energy, to prescribe mili- HOUSE, Mr. CASEY, Ms. STABENOW, Mr. (A) any person identified under subsection (a)(2)(A); and tary personnel strengths for such fiscal TESTER, Mr. HELLER, and Mr. SESSIONS) year, and for other purposes; which was submitted an amendment intended to (B) any person for which the Department of Justice has issued an indictment in con- ordered to lie on the table; as follows: be proposed by him to the bill S. 2943, nection with significant activities under- On page 423, strike lines 16 and 17 and in- to authorize appropriations for fiscal mining cybersecurity against the Govern- sert the following: year 2017 for military activities of the ment of the United States or any United (a) IN GENERAL.—Except as provided in Department of Defense, for military States person. subsection (c), not later than 90 days after construction, and for defense activities (2) EXCEPTION.—The President is not re- submitting the report required by subsection of the Department of Energy, to pre- quired to include a person described in para- (d), or one year after the date of the enact- graph (1)(A) or (1)(B) on the specially des- ment of this Act, whichever occurs first, the scribe military personnel strengths for Secretary of Defense such fiscal year, and for other pur- ignated nationals and blocked persons list maintained by the Office of Foreign Assets On page 425, strike lines 10 through 18 and insert the following: poses; which was ordered to lie on the Control of the Department of the Treasury if (5) The Secretary shall ensure that any table; as follows: the President submits to the appropriate covered beneficiary who may be affected by Strike section 662. congressional committees an explanation of modifications, reductions, or eliminations the reasons for not including that person on implemented under this section will be able SA 4205. Mr. ROUNDS (for himself that list. to receive through the purchased care com- and Mr. CRUZ) submitted an amend- (c) SANCTIONS DESCRIBED.—The President ponent of the TRICARE program any med- shall use authority provided in Executive ment intended to be proposed by him ical services that will not be available to Order 13694 (50 U.S.C. 1701 note; relating to to the bill S. 2943, to authorize appro- such covered beneficiary at a military treat- blocking property of persons certain persons priations for fiscal year 2017 for mili- ment facility as a result of such modifica- engaging in significant malicious cyber-en- tary activities of the Department of tions, reductions, or eliminations. abled activities) to impose sanctions against (c) EXCEPTION.—The Secretary is not re- Defense, for military construction, and any person included on the specially des- for defense activities of the Depart- quired to implement measures under sub- ignated nationals and blocked persons list section (a) with respect to overseas military ment of Energy, to prescribe military maintained by the Office of Foreign Assets health care facilities in a country if the Sec- personnel strengths for such fiscal Control of the Department of the Treasury retary determines that medical services in year, and for other purposes; which was pursuant to subsection (b). addition to the medical services described in ordered to lie on the table; as follows: (d) PRESIDENTIAL BRIEFINGS TO CON- subsection (b)(2) are necessary to ensure that GRESS.—Not later than 180 days after the At the end of subtitle D of title XII, add covered beneficiaries located in that country date of the enactment of this Act, and peri- the following: have access to a similar level of care avail- odically thereafter, the President shall pro- able to covered beneficiaries located in the SEC. 1227. IMPOSITION OF SANCTIONS WITH RE- vide a briefing to the appropriate congres- SPECT TO SIGNIFICANT ACTIVITIES United States. UNDERMINING CYBERSECURITY sional committees on efforts to implement (d) REPORT ON MODIFICATIONS.— CONDUCTED ON BEHALF OF OR AT this section. (1) IN GENERAL.—Not later than 180 days THE DIRECTION OF THE GOVERN- (e) DEFINITIONS.—In this section: after the date of the enactment of this Act, MENT OF IRAN. (1) APPROPRIATE CONGRESSIONAL COMMIT- the Secretary of Defense shall submit to the (a) CYBERSECURITY REPORT REQUIRED.— TEES.—The term ‘‘appropriate congressional Committees on Armed Services of the Senate (1) IN GENERAL.—Not later than 90 days committees’’ means— and the House of Representatives a report on after the date of the enactment of this Act, (A) the Committee on Foreign Relations, the modifications to medical services, mili- and not less frequently than once every 180 the Committee on Homeland Security and tary treatment facilities, and personnel in days thereafter, the President shall submit Governmental Affairs, and the Committee on the military health system to be imple- to the appropriate congressional committees Banking, Housing, and Urban Affairs of the mented pursuant to subsection (a). a report on significant activities under- Senate; and (2) ELEMENTS.—The report required by mining cybersecurity conducted by persons (B) the Committee on Foreign Affairs, the paragraph (1) shall include, at a minimum, on behalf of or at the direction of the Gov- Committee on Homeland Security, the Com- the following: ernment of Iran (including members of para- mittee on Financial Services, and the Com- (A) A description of the medical services military organizations such as Ansar-e- mittee on Ways and Means of the House of and associated personnel capacities nec- Hezbollah and Basij-e Mostaz’afin) against Representatives. essary for the military medical force readi- the Government of the United States or any (2) SIGNIFICANT ACTIVITIES UNDERMINING CY- ness of the Department of Defense. United States person. BERSECURITY.—The term ‘‘significant activi- (B) A comprehensive plan to modify the (2) INFORMATION.—The report required ties undermining cybersecurity’’ includes— personnel and infrastructure of the military under paragraph (1) shall include the fol- (A) significant efforts to— health system to exclusively provide medical lowing: (i) deny access to or degrade, disrupt, or services necessary for the military medical (A) The identity of persons that have destroy an information and communications force readiness of the Department of De- knowingly facilitated, participated or as- technology system or network; or fense, including the following: sisted in, engaged in, directed, or provided (ii) exfiltrate information from such a sys- (i) A description of the planned changes or material support for significant activities tem or network without authorization; reductions in medical services provided by undermining cybersecurity described in (B) significant destructive malware at- the military health system. paragraph (1). tacks; (ii) A description of the planned changes or (B) A description of the conduct engaged in (C) significant denial of service activities; reductions in staffing of military personnel, by each person identified under subpara- and civilian personnel, and contractor personnel graph (A). (D) such other significant activities as may within the military health system. (C) An assessment of the extent to which be described in regulations prescribed to im- (iii) A description of the personnel man- the Government of Iran or another foreign plement this section. agement authorities through which changes government directed, facilitated, or provided (3) UNITED STATES PERSON.—The term or reductions described in clauses (i) and (ii) material support in the conduct of signifi- ‘‘United States person’’ means— will be made.

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.039 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3213 (iv) A description of the planned changes SA 4209. Mrs. CAPITO (for herself, (ii) guidance provided by the Office of Per- to the infrastructure of the military health Ms. STABENOW, Ms. COLLINS, and Mr. sonnel Management; and system. MARKEY) submitted an amendment in- (B) resulting in significant cost to the Fed- (v) An estimated timeline for completion tended to be proposed by her to the bill eral Government; of the changes or reductions described in (2) administrative leave should be used clauses (i), (ii), and (iv) and other key mile- S. 2943, to authorize appropriations for sparingly; stones for implementation of such changes fiscal year 2017 for military activities (3) prior to the use of paid leave to address or reductions. of the Department of Defense, for mili- personnel issues, an agency should consider (e) COMPTROLLER GENERAL REPORT.— tary construction, and for defense ac- other actions, including— On page 428, between lines 15 and 16, insert tivities of the Department of Energy, (A) temporary reassignment; the following: to prescribe military personnel (B) transfer; and (3) The terms ‘‘covered beneficiary’’ and strengths for such fiscal year, and for (C) telework; ‘‘TRICARE program’’ have the meanings (4) an agency should prioritize and expedi- given those terms in section 1072 of title 10, other purposes; which was ordered to lie on the table; as follows: tiously conclude an investigation in which United States Code. an employee is placed in administrative At the end of subtitle A of title VII, add leave so that, not later than the conclusion SA 4207. Mr. MORAN submitted an the following: of the leave period— amendment intended to be proposed by SEC. 709. PROVISION OF CARE PLANNING SES- (A) the employee is returned to duty sta- him to the bill S. 2943, to authorize ap- SIONS FOR ALZHEIMER’S DISEASE tus; or AND RELATED DEMENTIAS UNDER propriations for fiscal year 2017 for THE TRICARE PROGRAM. (B) an appropriate personnel action is military activities of the Department (a) IN GENERAL.—The Secretary of Defense taken with respect to the employee; of Defense, for military construction, shall provide to a covered beneficiary diag- (5) data show that there are too many ex- and for defense activities of the De- nosed with Alzheimer’s disease or a related amples of employees placed in administra- partment of Energy, to prescribe mili- dementia a care planning session conducted tive leave for 6 months or longer, leaving the tary personnel strengths for such fiscal by an appropriate health care provider as de- employees without any available recourse to— year, and for other purposes; which was termined by the Secretary. (b) CARE PLANNING SESSION.—A care plan- (A) return to duty status; or ordered to lie on the table; as follows: ning session provided to a covered bene- (B) challenge the decision of the agency; At the end of subtitle B of title VII, add ficiary under subsection (a) shall include the (6) an agency should ensure accurate and the following: following: consistent recording of the use of adminis- SEC. 740. AUTHORITY TO EXPEDITE OPER- (1) An explanation of the disease or demen- trative leave so that administrative leave ATIONAL CAPABILITY OF MILITARY tia for which the care planning session is can be managed and overseen effectively; MEDICAL FACILITIES. sought, including the expected progression of and The Secretary of a military department the disease or dementia. (7) other forms of excused absence author- may accept a military medical facility under (2) The creation of a patient-centered com- ized by law should be recorded separately the jurisdiction of such Secretary and begin prehensive care plan, as determined appro- from administrative leave, as defined by the initial operational testing prior to the facil- priate by the Secretary. amendments made by this section. ity reaching full operational capability if (3) Information regarding treatment op- (c) ADMINISTRATIVE LEAVE.— such Secretary determines that— tions. (1) IN GENERAL.—Subchapter II of chapter (1) initial operational testing— (4) A discussion of resources and services 63 of title 5, United States Code, is amended (A) does not pose a direct threat to the life available to the covered beneficiary in the by adding at the end the following: and safety of individuals at the facility; community that may reduce health risks (B) would not degrade the quality of health ‘‘§ 6329a. Administrative leave and promote self-management of the disease care services provided at the facility or the ‘‘(a) DEFINITIONS.—In this section— or dementia for which the care planning ses- ability of health care providers at the facil- ‘‘(1) the term ‘administrative leave’ means sion is sought. ity to provide high-quality health care serv- leave— (5) Such other information as the Sec- ices; and ‘‘(A) without loss of or reduction in— retary determines appropriate. (C) will support the readiness of members ‘‘(i) pay; (c) STAKEHOLDER INPUT.—The Secretary of the Armed Forces as advised by the com- ‘‘(ii) leave to which an employee is other- shall seek input from physicians, practi- wise entitled under law; or manding general of the military installation tioners, and other stakeholders regarding at which the facility is located; and ‘‘(iii) credit for time or service; and the structure of care planning sessions pro- ‘‘(B) that is not authorized under any other (2) the completion of remaining objectives vided under subsection (a), as determined ap- with respect to the facility reaching full provision of law; propriate by the Secretary. ‘‘(2) the term ‘agency’— operational capability will not be negatively (d) COVERED BENEFICIARY DEFINED.—In this ‘‘(A) means an Executive agency (as de- impacted by beginning initial operational section, the term ‘‘covered beneficiary’’ has fined in section 105 of this title); and testing. the meaning given that term in section 1072 ‘‘(B) does not include the Government Ac- of title 10, United States Code. SA 4208. Mrs. CAPITO submitted an countability Office; and amendment intended to be proposed by SA 4210. Mr. TESTER (for himself, ‘‘(3) the term ‘employee’— ‘‘(A) has the meaning given the term in her to the bill S. 2943, to authorize ap- Mr. GRASSLEY, Mr. JOHNSON, and Mr. propriations for fiscal year 2017 for section 2105; and CARPER) submitted an amendment in- ‘‘(B) does not include an intermittent em- military activities of the Department tended to be proposed by him to the ployee who does not have an established reg- of Defense, for military construction, bill S. 2943, to authorize appropriations ular tour of duty during the administrative and for defense activities of the De- for fiscal year 2017 for military activi- workweek. partment of Energy, to prescribe mili- ties of the Department of Defense, for ‘‘(b) ADMINISTRATIVE LEAVE.— tary personnel strengths for such fiscal military construction, and for defense ‘‘(1) IN GENERAL.—An agency may place an year, and for other purposes; which was activities of the Department of Energy, employee in administrative leave for a pe- ordered to lie on the table; as follows: to prescribe military personnel riod of not more than 5 consecutive days. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in At the end of subtitle I of title X, add the strengths for such fiscal year, and for following: paragraph (1) shall be construed to limit the other purposes; which was ordered to use of leave that is— SEC. 1097. CLARIFICATION THAT VOCATIONAL lie on the table; as follows: AND OTHER TRAINING SERVICES ‘‘(A) specifically authorized under law; and AND ASSISTANCE FOR VETERANS IN- At the end of subtitle C of title XI, add the ‘‘(B) not administrative leave. CLUDES PARTICIPATION IN AGRI- following: ‘‘(3) RECORDS.—An agency shall record ad- CULTURAL TRAINING PROGRAMS. SEC. 1138. ADMINISTRATIVE LEAVE. ministrative leave separately from leave au- Section 3104(a)(7) of title 38, United States (a) SHORT TITLE.—This section may be thorized under any other provision of law. Code, is amended— cited as the ‘‘Administrative Leave Act of ‘‘(c) REGULATIONS.— (1) by redesignating subparagraph (B) as 2016’’. ‘‘(1) OPM REGULATIONS.—Not later than 1 subparagraph (C); and (b) SENSE OF CONGRESS.—It is the sense of year after the date of enactment of this sec- (2) by inserting after subparagraph (A) the Congress that— tion, the Director of the Office of Personnel following new subparagraph (B): (1) agency use of administrative leave, and Management shall— ‘‘(B) Vocational and other training services leave that is referred to incorrectly as ad- ‘‘(A) prescribe regulations to carry out this and assistance under subparagraph (A) may ministrative leave in agency recording prac- section; and include participation in an agricultural tices, has exceeded reasonable amounts— ‘‘(B) prescribe regulations that provide training program authorized by a State leg- (A) in contravention of— guidance to agencies regarding— islature or certified by a State approving (i) established precedent of the Comp- ‘‘(i) acceptable agency uses of administra- agency.’’. troller General of the United States; and tive leave; and

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.039 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3214 CONGRESSIONAL RECORD — SENATE May 25, 2016 ‘‘(ii) the proper recording of— ‘‘(B) that is not authorized under any other of an employee in investigative leave shall ‘‘(I) administrative leave; and provision of law; and be for a period not longer than 10 days. ‘‘(II) other leave authorized by law. ‘‘(C) in which an employee who is in a no- ‘‘(B) NOTICE LEAVE.—Placement of an em- ‘‘(2) AGENCY ACTION.—Not later than 1 year tice period is placed; and ployee in notice leave shall be for a period after the date on which the Director of the ‘‘(8) the term ‘notice period’ means a pe- not longer than the duration of the notice Office of Personnel Management prescribes riod beginning on the date on which an em- period. regulations under paragraph (1), each agency ployee is provided notice required under law ‘‘(4) EXPLANATION OF LEAVE.— shall revise and implement the internal poli- of a proposed adverse action against the em- ‘‘(A) IN GENERAL.—If an agency places an cies of the agency to meet the requirements ployee and ending on the date on which an employee in leave under subsection (b), the of this section. agency may take the adverse action. agency shall provide the employee a written ‘‘(d) RELATION TO OTHER LAWS.—Notwith- ‘‘(b) LEAVE FOR EMPLOYEES UNDER INVES- explanation of the leave placement and the standing subsection (a) of section 7421 of TIGATION OR IN A NOTICE PERIOD.— reasons for the leave placement. title 38, this section shall apply to an em- ‘‘(1) AUTHORITY.—An agency may, in ac- ‘‘(B) EXPLANATION.—The written notice ployee described in subsection (b) of that cordance with paragraph (2), place an em- under subparagraph (A) shall describe the section.’’. ployee in— limitations of the leave placement, includ- (2) OPM STUDY.—Not later than 120 days ‘‘(A) investigative leave if the employee is ing— after the date of enactment of this Act, the the subject of an investigation; ‘‘(i) the applicable limitations under para- Director of the Office of Personnel Manage- ‘‘(B) notice leave if the employee is in a graph (3); and ment, in consultation with Federal agencies, notice period; or ‘‘(ii) in the case of a placement in inves- groups representing Federal employees, and ‘‘(C) notice leave following a placement in tigative leave, an explanation that, at the other relevant stakeholders, shall submit to investigative leave if, not later than the day conclusion of the period of leave, the agency the Committee on Homeland Security and after the last day of the period of investiga- shall take an action under paragraph (5). Governmental Affairs of the Senate and the tive leave— ‘‘(5) AGENCY ACTION.—Not later than the Committee on Oversight and Government ‘‘(i) the agency proposes or initiates an ad- day after the last day of a period of inves- Reform of the House of Representatives a reverse action against the employee; and tigative leave for an employee under sub- port identifying agency practices, as of the ‘‘(ii) the agency determines that the em- section (b)(1), an agency shall— date of enactment of this Act, of placing an ployee continues to meet 1 or more of the ‘‘(A) return the employee to regular duty employee in administrative leave for more criteria described in subsection (c)(1). status; than 5 consecutive days when the placement ‘‘(2) REQUIREMENTS.—An agency may place ‘‘(B) take 1 or more of the actions author- was not specifically authorized by law. an employee in leave under paragraph (1) ized under paragraph (2), meaning— (3) TECHNICAL AND CONFORMING AMEND- only if the agency has— ‘‘(i) assigning the employee to duties in MENT.—The table of sections for subchapter ‘‘(A) made a determination with respect to which the employee is no longer a threat II of chapter 63 of title 5, United States Code, the employee under subsection (c)(1); to— is amended by inserting after the item relat- ‘‘(B) considered the available options for ‘‘(I) safety; ing to section 6329 the following: the employee under subsection (c)(2); and ‘‘(II) the mission of the agency; ‘‘6329a. Administrative leave.’’. ‘‘(C) determined that none of the available ‘‘(III) Government property; or (d) INVESTIGATIVE LEAVE AND NOTICE options under subsection (c)(2) is appro- ‘‘(IV) evidence relevant to an investiga- LEAVE.— priate. tion; (1) IN GENERAL.—Subchapter II of chapter ‘‘(c) EMPLOYEES UNDER INVESTIGATION OR IN ‘‘(ii) allowing the employee to take leave 63 of title 5, United States Code, as amended A NOTICE PERIOD.— for which the employee is eligible; by this section, is further amended by adding ‘‘(1) DETERMINATIONS.—An agency may not ‘‘(iii) requiring the employee to telework at the end the following: place an employee in investigative leave or under section 6502(c); ‘‘§ 6329b. Investigative leave and notice leave notice leave under subsection (b) unless the ‘‘(iv) if the employee is absent from duty ‘‘(a) DEFINITIONS.—In this section— continued presence of the employee in the without approved leave, carrying the em- ‘‘(1) the term ‘agency’— workplace during an investigation of the employee in absence without leave status; or ‘‘(A) means an Executive agency (as de- ployee or while the employee is in a notice ‘‘(v) for an employee subject to a notice pe- fined in section 105 of this title); and period, if applicable, may— riod, curtailing the notice period if there is ‘‘(B) does not include the Government Ac- ‘‘(A) pose a threat to the employee or oth- reasonable cause to believe the employee has countability Office; ers; committed a crime for which a sentence of ‘‘(2) the term ‘Chief Human Capital Officer’ ‘‘(B) result in the destruction of evidence imprisonment may be imposed; means— relevant to an investigation; ‘‘(C) propose or initiate an adverse action ‘‘(A) the Chief Human Capital Officer of an ‘‘(C) result in loss of or damage to Govern- against the employee as provided under law; agency designated or appointed under sec- ment property; or or tion 1401; or ‘‘(D) otherwise jeopardize legitimate Gov- ‘‘(D) extend the period of investigative ‘‘(B) the equivalent; ernment interests. leave under subsections (d) and (e). ‘‘(3) the term ‘committees of jurisdiction’, ‘‘(2) AVAILABLE OPTIONS FOR EMPLOYEES ‘‘(6) RULE OF CONSTRUCTION.—Nothing in with respect to an agency, means each com- UNDER INVESTIGATION OR IN A NOTICE PE- paragraph (5) shall be construed to prevent mittee in the Senate and House of Rep- RIOD.—After making a determination under the continued investigation of an employee, resentatives with jurisdiction over the agen- paragraph (1) with respect to an employee, except that the placement of an employee in cy; and before placing an employee in investiga- investigative leave may not be extended for ‘‘(4) the term ‘Director’ means the Director tive leave or notice leave under subsection that purpose except as provided in sub- of the Office of Personnel Management; (b), an agency shall consider taking 1 or sections (d) and (e). ‘‘(5) the term ‘employee’— more of the following actions: ‘‘(d) INITIAL EXTENSION OF INVESTIGATIVE ‘‘(A) has the meaning given the term in ‘‘(A) Assigning the employee to duties in LEAVE.— section 2105; and which the employee is no longer a threat ‘‘(1) IN GENERAL.—Subject to paragraph (4), ‘‘(B) does not include— to— if the Chief Human Capital Officer of an ‘‘(i) an intermittent employee who does ‘‘(i) safety; agency, or the designee of the Chief Human not have an established regular tour of duty ‘‘(ii) the mission of the agency; Capital Officer, approves such an extension during the administrative workweek; or ‘‘(iii) Government property; or after consulting with the investigator re- ‘‘(ii) the Inspector General of an agency; ‘‘(iv) evidence relevant to an investigation. sponsible for conducting the investigation to ‘‘(6) the term ‘investigative leave’ means ‘‘(B) Allowing the employee to take leave which an employee is subject, the agency leave— for which the employee is eligible. may extend the period of investigative leave ‘‘(A) without loss of or reduction in— ‘‘(C) Requiring the employee to telework for the employee under subsection (b) for not ‘‘(i) pay; under section 6502(c). more than 30 days. ‘‘(ii) leave to which an employee is other- ‘‘(D) If the employee is absent from duty ‘‘(2) MAXIMUM NUMBER OF EXTENSIONS.—The wise entitled under law; or without approved leave, carrying the em- total period of additional investigative leave ‘‘(iii) credit for time or service; ployee in absence without leave status. for an employee under paragraph (1) may not ‘‘(B) that is not authorized under any other ‘‘(E) For an employee subject to a notice exceed 110 days. provision of law; and period, curtailing the notice period if there ‘‘(3) DESIGNATION GUIDANCE.—Not later ‘‘(C) in which an employee who is the sub- is reasonable cause to believe the employee than 1 year after the date of enactment of ject of an investigation is placed; has committed a crime for which a sentence this section, the Chief Human Capital Offi- ‘‘(7) the term ‘notice leave’ means leave— of imprisonment may be imposed. cers Council shall issue guidance to ensure ‘‘(A) without loss of or reduction in— ‘‘(3) DURATION OF LEAVE.— that if the Chief Human Capital Officer of an ‘‘(i) pay; ‘‘(A) INVESTIGATIVE LEAVE.—Subject to ex- agency delegates the authority to approve an ‘‘(ii) leave to which an employee is other- tensions of a period of investigative leave for extension under paragraph (1) to a designee, wise entitled under law; or which an employee may be eligible under the designee is at a sufficiently high level ‘‘(iii) credit for time or service; subsections (d) and (e), the initial placement within the agency to make an impartial and

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independent determination regarding the ex- ‘‘(1) IN GENERAL.—An agency shall keep a ‘‘(III) result in loss of or damage to Gov- tension. record of the placement of an employee in ernment property; or ‘‘(4) EXTENSIONS FOR OIG EMPLOYEES.— investigative leave or notice leave by the ‘‘(IV) otherwise jeopardize legitimate Gov- ‘‘(A) APPROVAL.—In the case of an em- agency, including— ernment interests; and’’. ployee of an Office of Inspector General— ‘‘(A) the basis for the determination made (3) GAO REPORT.—Not later than 5 years ‘‘(i) the Inspector General or the designee under subsection (c)(1); after the date of enactment of this Act, the of the Inspector General, rather than the ‘‘(B) an explanation of why an action under Comptroller General of the United States Chief Human Capital Officer or the designee subsection (c)(2) was not appropriate; shall report to the Committee on Homeland of the Chief Human Capital Officer, shall ap- ‘‘(C) the length of the period of leave; Security and Governmental Affairs of the prove an extension of a period of investiga- ‘‘(D) the amount of salary paid to the em- Senate and the Committee on Oversight and tive leave for the employee under paragraph ployee during the period of leave; Government Reform of the House of Rep- (1); or ‘‘(E) the reasons for authorizing the leave, resentatives on the results of an evaluation ‘‘(ii) at the request of the Inspector Gen- including, if applicable, the recommendation of the implementation of the authority pro- eral, the head of the agency within which the made by an investigator under subsection vided under sections 6329a and 6329b of title Office of Inspector General is located shall (d)(1); and 5, United States Code, as added by subsection designate an official of the agency to ap- ‘‘(F) the action taken by the agency at the (c)(1) and paragraph (1) of this subsection, re- prove an extension of a period of investiga- end of the period of leave, including, if appli- spectively, including— tive leave for the employee under paragraph cable, the granting of any extension of a pe- (A) an assessment of agency use of the au- (1). riod of investigative leave under subsection thority provided under subsection (e) of such ‘‘(B) GUIDANCE.—Not later than 1 year after (d) or (e). section 6329b, including data regarding— the date of enactment of this section, the ‘‘(2) AVAILABILITY OF RECORDS.—An agency (i) the number and length of extensions Council of the Inspectors General on Integ- shall make a record kept under paragraph (1) granted under that subsection; and rity and Efficiency shall issue guidance to available— (ii) the number of times that the Director ensure that if the Inspector General or the ‘‘(A) to any committee of Congress, upon of the Office of Personnel Management, head of an agency, at the request of the In- request; under paragraph (3) of that subsection— spector General, delegates the authority to ‘‘(B) to the Office of Personnel Manage- (I) concurred with the decision of an agen- approve an extension under subparagraph (A) ment; and cy to grant an extension; and to a designee, the designee is at a suffi- ‘‘(C) as otherwise required by law, includ- (II) did not concur with the decision of an ciently high level within the Office of Inspec- ing for the purposes of the Administrative agency to grant an extension, including the tor General or the agency, as applicable, to Leave Act of 2016 and the amendments made bases for those opinions of the Director; make an impartial and independent deter- by that Act. (B) recommendations to Congress, as ap- mination regarding the extension. ‘‘(h) REGULATIONS.— propriate, on the need for extensions beyond ‘‘(e) FURTHER EXTENSION OF INVESTIGATIVE ‘‘(1) OPM ACTION.—Not later than 1 year the extensions authorized under subsection LEAVE.— after the date of enactment of this section, (d) of such section 6329b; and ‘‘(1) IN GENERAL.—After reaching the limit the Director shall prescribe regulations to (C) a review of the practice of agency under subsection (d)(2), an agency may fur- carry out this section, including guidance to placement of an employee in investigative or ther extend a period of investigative leave agencies regarding— notice leave under subsection (b) of such sec- for an employee for a period of not more ‘‘(A) acceptable purposes for the use of— tion 6329b because of a determination under than 60 days if, before the further extension ‘‘(i) investigative leave; and subsection (c)(1)(D) of that section that the begins, the head of the agency or, in the case ‘‘(ii) notice leave; employee jeopardized legitimate Govern- of an employee of an Office of Inspector Gen- ‘‘(B) the proper recording of— ment interests, including the extent to eral, the Inspector General submits a notifi- ‘‘(i) the leave categories described in sub- which such determinations were supported cation that includes the reasons for the fur- paragraph (A); and by evidence. ther extension to the— ‘‘(ii) other leave authorized by law; (4) TELEWORK.—Section 6502 of title 5, ‘‘(A) committees of jurisdiction; ‘‘(C) baseline factors that an agency shall United States Code, is amended by adding at ‘‘(B) Committee on Homeland Security and consider when making a determination that the end the following: Governmental Affairs of the Senate; and the continued presence of an employee in the ‘‘(c) REQUIRED TELEWORK.—If an agency de- ‘‘(C) Committee on Oversight and Govern- workplace may— termines under section 6329b(c)(1) that the ment Reform of the House of Representa- ‘‘(i) pose a threat to the employee or oth- continued presence of an employee in the tives. ers; workplace during an investigation of the em- ‘‘(2) NO LIMIT.—There shall be no limit on ‘‘(ii) result in the destruction of evidence ployee or while the employee is in a notice the number of further extensions that an relevant to an investigation; agency may grant to an employee under ‘‘(iii) result in loss or damage to Govern- period, if applicable, may pose 1 or more of paragraph (1). ment property; or the threats described in that section and the employee is eligible to telework under sub- ‘‘(3) OPM REVIEW.—An agency shall request ‘‘(iv) otherwise jeopardize legitimate Gov- from the Director, and include with the noti- ernment interests; and sections (a) and (b) of this section, the agen- fication required under paragraph (1), the ‘‘(D) procedures and criteria for the ap- cy may require the employee to telework for opinion of the Director— proval of an extension of a period of inves- the duration of the investigation or the no- ‘‘(A) with respect to whether to grant a tigative leave under subsection (d) or (e). tice period, if applicable.’’. ECHNICAL AND CONFORMING AMEND- further extension under this subsection, in- ‘‘(2) AGENCY ACTION.—Not later than 1 year (5) T MENT.—The table of sections for subchapter cluding the reasons for that opinion; and after the date on which the Director pre- II of chapter 63 of title 5, United States Code, ‘‘(B) which shall not be binding on the scribes regulations under paragraph (1), each is amended by inserting after the item relat- agency. agency shall revise and implement the inter- ing to section 6329a, as added by this section, ‘‘(4) SUNSET.—The authority provided nal policies of the agency to meet the re- under this subsection shall expire on the quirements of this section. the following: date that is 6 years after the date of enact- ‘‘(i) RELATION TO OTHER LAWS.—Notwith- ‘‘6329b. Investigative leave and notice ment of this section. standing subsection (a) of section 7421 of leave.’’. ‘‘(f) CONSULTATION GUIDANCE.—Not later title 38, this section shall apply to an em- EAVE FOR WEATHER AND SAFETY than 1 year after the date of enactment of ployee described in subsection (b) of that (e) L this section, the Council of the Inspectors section.’’. ISSUES.— General on Integrity and Efficiency, in con- (2) PERSONNEL ACTION.—Section (1) IN GENERAL.—Subchapter II of chapter sultation with the Attorney General and the 2302(a)(2)(A) of title 5, United States Code, is 63 of title 5, United States Code, as amended Special Counsel, shall issue guidance on best amended— by this section, is further amended by adding practices for consultation between an inves- (A) in clause (xi), by striking ‘‘and’’ at the at the end the following: end; tigator and an agency on the need to place ‘‘§ 6329c. Weather and safety leave an employee in investigative leave during an (B) by redesignating clause (xii) as clause investigation of the employee, including dur- (xiii); and ‘‘(a) DEFINITIONS.—In this section— ing a criminal investigation, because the (C) by inserting after clause (xi) the fol- ‘‘(1) the term ‘agency’— continued presence of the employee in the lowing: ‘‘(A) means an Executive agency (as de- workplace during the investigation may— ‘‘(xii) a determination made by an agency fined in section 105 of this title); and ‘‘(1) pose a threat to the employee or oth- under section 6329b(c)(1) that the continued ‘‘(B) does not include the Government Ac- ers; presence of an employee in the workplace countability Office; and ‘‘(2) result in the destruction of evidence during an investigation of the employee or ‘‘(2) the term ‘employee’— relevant to an investigation; while the employee is in a notice period, if ‘‘(A) has the meaning given the term in ‘‘(3) result in loss of or damage to Govern- applicable, may— section 2105; and ment property; or ‘‘(I) pose a threat to the employee or oth- ‘‘(B) does not include an intermittent em- ‘‘(4) otherwise jeopardize legitimate Gov- ers; ployee who does not have an established reg- ernment interests. ‘‘(II) result in the destruction of evidence ular tour of duty during the administrative ‘‘(g) REPORTING AND RECORDS.— relevant to an investigation; workweek.

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‘‘(b) LEAVE FOR WEATHER AND SAFETY ‘‘(d) ACTIVE DUTY FREEZE ALERTS.—Upon on an existing credit account requested by a ISSUES.—An agency may approve the provi- the direct request of an active duty military consumer.’’. sion of leave under this section to an em- consumer, or an individual acting on behalf (b) RULEMAKING.—The Bureau of Consumer ployee or a group of employees without loss of or as a personal representative of an ac- Financial Protection shall prescribe regula- of or reduction in the pay of the employee or tive duty military consumer, a consumer re- tions to define what constitutes appropriate employees, leave to which the employee or porting agency described in section 603(p) proof of identity for purposes of section employees are otherwise entitled, or credit that maintains a file on the active duty mili- 605A(d) of the Fair Credit Reporting Act, as to the employee or employees for time or tary consumer and has received appropriate amended by subsection (a). service only if the employee or group of em- proof of the identity of the requester, at no (c) TECHNICAL AMENDMENT.—Section ployees is prevented from safely traveling to cost to the active duty military consumer 603(q)(2) of the Fair Credit Reporting Act (15 or performing work at an approved location while the consumer is deployed, shall— U.S.C. 1681a(q)(2)) is amended— due to— ‘‘(1) include an active duty freeze alert in (1) in the heading for such paragraph, by ‘‘(1) an act of God; the file of that active duty military con- striking ‘‘ACTIVE DUTY ALERT’’ and inserting ‘‘(2) a terrorist attack; or sumer or such longer period as the Bureau ‘‘ACTIVE DUTY ALERT; ACTIVE DUTY FREEZE ‘‘(3) another condition that prevents the shall determine, by regulation, beginning on ALERT’’; and employee or group of employees from safely the date of the request, unless the active (2) by inserting ‘‘and ‘active duty freeze traveling to or performing work at an ap- duty military consumer or such representa- alert’ ’’ before ‘‘mean’’. proved location. tive requests that such freeze alert be re- (d) EFFECTIVE DATE.—This Act, and any ‘‘(c) RECORDS.—An agency shall record moved before the end of such period, and the amendment made by this Act, shall take ef- leave provided under this section separately agency has received appropriate proof of the fect 1 year after the date of enactment of from leave authorized under any other provi- identity of the requester for such purpose; this Act. sion of law. ‘‘(2) during the 2-year period beginning on ‘‘(d) REGULATIONS.—Not later than 1 year the date of such request, exclude the active SA 4212. Mr. TESTER submitted an after the date of enactment of this section, duty military consumer from any list of consumers prepared by the consumer reporting amendment intended to be proposed by the Director of the Office of Personnel Man- him to the bill S. 2943, to authorize ap- agement shall prescribe regulations to carry agency and provided to any third party to out this section, including— offer credit or insurance to the consumer as propriations for fiscal year 2017 for ‘‘(1) guidance to agencies regarding the ap- part of a transaction that was not initiated military activities of the Department propriate purposes for providing leave under by the consumer, unless the consumer re- of Defense, for military construction, this section; and quests that such exclusion be rescinded be- and for defense activities of the De- ‘‘(2) the proper recording of leave provided fore the end of such period; and partment of Energy, to prescribe mili- under this section. ‘‘(3) refer the information regarding the ac- tary personnel strengths for such fiscal tive duty freeze alert to each of the other ‘‘(e) RELATION TO OTHER LAWS.—Notwith- year, and for other purposes; which was standing subsection (a) of section 7421 of consumer reporting agencies described in title 38, this section shall apply to an em- section 603(p), in accordance with procedures ordered to lie on the table; as follows: ployee described in subsection (b) of that developed under section 621(f).’’; At the end of subtitle H of title V, add the section.’’. (4) in subsection (e), as so redesignated— following: (2) TECHNICAL AND CONFORMING AMEND- (A) by striking ‘‘extended, and active duty SEC. 597. DEFERRAL OF STUDENTS LOANS FOR MENT.—The table of sections for subchapter alerts’’ and inserting ‘‘extended, active duty, CERTAIN PERIOD IN CONNECTION II of chapter 63 of title 5, United States Code, and active duty freeze alerts’’; and WITH RECEIPT OF ORDERS FOR MO- is amended by inserting after the item relat- (B) by striking ‘‘extended, or active duty BILIZATION FOR WAR OR NATIONAL EMERGENCY. ing to section 6329b, as added by this section, alerts’’ and inserting ‘‘extended, active duty, the following: or active duty freeze alerts’’; (a) FEDERAL FAMILY EDUCATION LOANS.— (5) in subsection (f), as so redesignated— Section 428(b)(1)(M) of the Higher Education ‘‘6329c. Weather and safety leave.’’. (A) in the matter preceding paragraph (1), Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amend- (f) ADDITIONAL OVERSIGHT.— by striking ‘‘or active duty alert’’ and in- ed— (1) IN GENERAL.—Not later than 3 years serting ‘‘active duty alert, or active duty (1) in the matter preceding clause (i), by after the date of enactment of this Act, the freeze alert’’; striking ‘‘, during any period’’; Director of the Office of Personnel Manage- (B) in paragraph (2), by striking ‘‘; and’’ (2) in clause (i), by striking ‘‘during which’’ ment shall complete a review of agency poli- and inserting a semicolon; and inserting ‘‘during any period during cies to determine whether agencies have (C) in paragraph (3), by striking the period which’’; complied with the requirements of this sec- and inserting ‘‘; and’’; and (3) in clause (ii), by striking ‘‘during tion and the amendments made by this sec- (D) by adding at the end the following: which’’ and inserting ‘‘during any period tion. ‘‘(4) paragraphs (1) and (2) of subsection (d), during which’’; (2) REPORT TO CONGRESS.—Not later than 90 in the case of a referral under subsection (4) in clause (iii)— days after completing the review under para- (d)(3).’’; (A) by striking ‘‘during which’’ and insert- graph (1), the Director shall submit to Con- (6) in subsection (g), as so redesignated, by ing ‘‘during any period during which’’; and gress a report evaluating the results of the striking ‘‘or active duty alert’’ and inserting (B) in the matter following subclause (II), review. ‘‘active duty alert, or active duty freeze by striking ‘‘or’’ after the semicolon; alert’’; and (5) by redesignating clause (iv) as clause SA 4211. Mr. TESTER submitted an (7) in subsection (i), as so redesignated, by (vi); amendment intended to be proposed by adding at the end the following: (6) by inserting after clause (iii) the fol- him to the bill S. 2943, to authorize ap- ‘‘(3) REQUIREMENTS FOR ACTIVE DUTY lowing: propriations for fiscal year 2017 for FREEZE ALERTS.— ‘‘(iv) in the case of any borrower who has military activities of the Department ‘‘(A) NOTIFICATION.—Each active duty received a call or order to duty described in of Defense, for military construction, freeze alert under this section shall include subclause (I) or (II) of clause (iii), during the and for defense activities of the De- information that notifies all prospective shorter of— users of a consumer report on the consumer ‘‘(I) the period beginning on the date such partment of Energy, to prescribe mili- to which the freeze alert relates that the call or order to duty is received by the bor- tary personnel strengths for such fiscal consumer does not authorize the establish- rower and ending on the first day of the serv- year, and for other purposes; which was ment of any new credit plan or extension of ice described in subclause (I) or (II) of clause ordered to lie on the table; as follows: credit, including any credit under an open- (iii); and At the end of subtitle F of title VI, add the end credit plan (as defined in section 103(i)), ‘‘(II) the 180-day period preceding the first following: in the name of the consumer, or issuance of day of such service; SEC. 673. CREDIT PROTECTIONS FOR an additional card on an existing credit ac- ‘‘(v) notwithstanding clause (iv)— SERVICEMEMBERS. count requested by a consumer, or any in- ‘‘(I) in the case of any borrower described (a) ACTIVE DUTY FREEZE ALERTS.—Section crease in credit limit on an existing credit in such clause whose call or order to duty is 605A of the Fair Credit Reporting Act (15 account requested by a consumer. cancelled before the first day of the service U.S.C. 1681c–1) is amended— ‘‘(B) PROHIBITION ON USERS.—No prospec- described in subclause (I) or (II) of clause (1) in the heading for such section, by tive user of a consumer report that includes (iii) because of a personal injury in connec- striking ‘‘AND ACTIVE DUTY ALERTS’’ and in- an active duty freeze alert in accordance tion with training to prepare for such serv- serting ‘‘, ACTIVE DUTY ALERTS, AND ACTIVE with this section may establish a new credit ice, during the period described in clause (iv) DUTY FREEZE ALERTS’’; plan or extension of credit, including any and during an additional period equal to the (2) by redesignating subsections (d) credit under an open-end credit plan (as de- duration of such service, as specified by or through (h) as subsections (e) through (i), refined in section 103(i)), in the name of the otherwise determined in the original call or spectively; consumer, or issue an additional card on an order to duty; and (3) by inserting after subsection (c) the fol- existing credit account requested by a con- ‘‘(II) in the case of any borrower whose call lowing: sumer, or grant any increase in credit limit or order to duty is cancelled before the first

VerDate Sep 11 2014 06:09 May 26, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.041 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3217 day of such service for a reason other than ‘‘(I) the period beginning on the date such Forces who has a behavioral health condi- an injury described in subclause (I), during call or order to duty is received by the bor- tion or psychological trauma. the period beginning on the date the call or rower and ending on the first day of the serv- (b) COMPREHENSIVE INDIVIDUAL ASSESS- order to duty is received by the borrower and ice described in subclause (I) or (II) of clause MENT.—Counseling furnished under the pilot ending on the date that is 14 days after such (iii); and program may include a comprehensive indi- call or order to duty is cancelled; and’’; and ‘‘(II) the 180-day period preceding the first vidual assessment under section (7) in clause (vi) (as redesignated by para- day of such service; 1712A(a)(1)(B)(i) of such title. graph (5)), by striking ‘‘not in excess’’ and ‘‘(v) notwithstanding clause (iv)— (c) CONFIDENTIALITY.—The Secretary shall inserting ‘‘during any period not in excess’’. ‘‘(I) in the case of any borrower described ensure that the confidentiality of individuals furnished counseling under the pilot program (b) DIRECT LOANS.—Section 455(f)(2) of the in such clause whose call or order to duty is is protected to the same extent as the con- Higher Education Act of 1965 (20 U.S.C. cancelled before the first day of the service described in subclause (I) or (II) of clause fidentiality of individuals furnished coun- 1087e(f)(2)) is amended— seling under section 1712A(a) of such title. (iii) because of a personal injury in connec- (1) in the matter preceding subparagraph (d) REPORT.— tion with training to prepare for such serv- (A), by striking ‘‘during any period’’; (1) IN GENERAL.—Not later than 120 days (2) in subparagraph (A), by striking ‘‘dur- ice, during the period described in clause (iv) after the date of the completion of the pilot ing which’’ and inserting ‘‘during any period and during an additional period equal to the program, the Secretary of Veterans Affairs during which’’; duration of such service, as specified by or shall, in consultation with the Secretary of (3) in subparagraph (B), by striking ‘‘not in otherwise determined in the original call or Defense, submit to Congress a report on the excess’’ and inserting ‘‘during any period not order to duty; and findings of the Secretary of Veterans Affairs in excess’’; ‘‘(II) in the case of any borrower whose call with respect to the pilot program. or order to duty is cancelled before the first (4) in subparagraph (C)— (2) ELEMENTS.—The report required by (A) in the matter preceding clause (i), by day of such service for a reason other than paragraph (1) shall include the following: striking ‘‘during which’’ and inserting ‘‘dur- an injury described in subclause (I), during (A) A description of the individuals who ing any period during which’’; and the period beginning on the date the call or benefitted from counseling under the pilot (B) in the matter following clause (ii), by order to duty is received by the borrower and program. striking ‘‘or’’ after the semicolon; ending on the date that is 14 days after such (B) A description of any impediments to (5) by redesignating subparagraph (D) as call or order to duty is cancelled;’’; the Secretary of Veterans Affairs in fur- subparagraph (F); (7) in clause (vi) (as redesignated by para- nishing counseling under the pilot program. (6) by inserting after subparagraph (C) the graph (5)), by striking ‘‘not in excess’’ and (C) A description of any impediments en- following: inserting ‘‘during any period not in excess’’; countered by individuals in receiving coun- ‘‘(D) in the case of any borrower who has and seling under the pilot program. received a call or order to duty described in (8) in clause (vii) (as redesignated by para- (D) An assessment of the feasibility and clause (i) or (ii) of subparagraph (C), during graph (5)), by striking ‘‘during which’’ and advisability of furnishing counseling under the shorter of— inserting ‘‘during any period during which’’. the pilot program to all members of the Se- (d) RULE OF CONSTRUCTION.—Nothing in the ‘‘(i) the period beginning on the date such lected Reserve of the Armed Forces who have amendments made by this section shall be call or order to duty is received by the bor- behavioral health conditions or psycho- construed to authorize any refunding of any rower and ending on the first day of the serv- logical trauma. repayment of a loan. ice described in clause (i) or (ii) of subpara- (E) Such recommendations for legislative (e) APPLICABILITY.—The amendments made graph (C); and or administrative action as the Secretary by this section shall apply with respect to all ‘‘(ii) the 180-day period preceding the first considers appropriate with respect to the loans made, insured, or guaranteed under day of such service; furnishing of counseling to such members. title IV of the Higher Education Act of 1965 ‘‘(E) notwithstanding subparagraph (D)— (e) VET CENTER DEFINED.—In this section, ‘‘(i) in the case of any borrower described (20 U.S.C. 1070 et seq.). the term ‘‘Vet Center’’ means a center for rein such subparagraph whose call or order to (f) CONFORMING AMENDMENTS.—Title IV of adjustment counseling and related mental duty is cancelled before the first day of the the Higher Education Act of 1965 (20 U.S.C. health services for veterans under section service described in clause (i) or (ii) of sub- 1070 et seq.) is further amended— 1712A of title 38, United States Code. paragraph (C) because of a personal injury in (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. connection with training to prepare for such 1078–2(d)(1)(A)(ii)), by striking SA 4214. Mr. KIRK (for himself and service, during the period described in sub- ‘‘428(b)(1)(M)(i)(I)’’ and inserting ‘‘or clause Mr. DURBIN) submitted an amendment paragraph (D) and during an additional pe- (i)(I), (iv), or (v) of section 428(b)(1)(M)’’; and intended to be proposed by him to the riod equal to the duration of such service, as (2) in section 493D(a) (20 U.S.C. 1098f(a)), by bill S. 2943, to authorize appropriations specified by or otherwise determined in the striking ‘‘section 428(b)(1)(M)(iii), 455(f)(2)(C), or 464(c)(2)(A)(iii)’’ and inserting ‘‘clause (iii) for fiscal year 2017 for military activi- original call or order to duty; and ties of the Department of Defense, for ‘‘(ii) in the case of any borrower whose call or (iv) of section 428(b)(1)(M), subparagraph or order to duty is cancelled before the first (C) or (D) of section 455(f)(2), or clause (iii) or military construction, and for defense day of such service for a reason other than (iv) of section 464(c)(2)(A)’’. activities of the Department of Energy, an injury described in clause (i), during the to prescribe military personnel period beginning on the date the call or SA 4213. Mr. TESTER (for himself, strengths for such fiscal year, and for order to duty is received by the borrower and Mr. HELLER, Mrs. ERNST, Mr. ROUNDS, other purposes; which was ordered to ending on the date that is 14 days after such and Mr. LEAHY) submitted an amend- lie on the table; as follows: call or order to duty is cancelled; and’’; and ment intended to be proposed by him At the end of subtitle F of title V of divi- (7) in subparagraph (F) (as redesignated by to the bill S. 2943, to authorize appro- sion A, add the following: paragraph (5)), by striking ‘‘not in excess’’ priations for fiscal year 2017 for mili- SEC. llll. IMPACT AID. and inserting ‘‘during any period not in ex- Notwithstanding section 5(d) of the Every cess’’. tary activities of the Department of Defense, for military construction, and Student Succeeds Act (Public Law 114–95; 129 (c) PERKINS LOANS.—Section 464(c)(2)(A) of Stat. 1806), the amendment made by section the Higher Education Act of 1965 (20 U.S.C. for defense activities of the Depart- 7004(1) of such Act (Public Law 114–95; 129 1087dd(c)(2)(A)) is amended— ment of Energy, to prescribe military Stat. 2077)— (1) in the matter preceding clause (i), by personnel strengths for such fiscal (1) for fiscal year 2016, shall— striking ‘‘during any period’’; year, and for other purposes; which was (A) be applied as if amending section (2) in clause (i), by striking ‘‘during which’’ ordered to lie on the table; as follows: 8003(a)(5)(A) of the Elementary and Sec- and inserting ‘‘during any period during At the end of subtitle A of title VII, add ondary Education Act of 1965, as in effect on which’’; the following: the day before the date of enactment of the (3) in clause (ii), by striking ‘‘not in ex- Every Student Succeeds Act (Public Law cess’’ and inserting ‘‘during any period not SEC. 709. PILOT PROGRAM ON EXPANSION OF 114– 95; 129 Stat. 1802); and ELIGIBILITY FOR READJUSTMENT in excess’’; COUNSELING FROM DEPARTMENT (B) be in effect with respect to appropria- (4) in clause (iii), by striking ‘‘during OF VETERANS AFFAIRS TO INCLUDE tions for use under title VIII of the Elemen- which’’ and inserting ‘‘during any period MEMBERS OF THE SELECTED RE- tary and Secondary Education Act of 1965, as during which’’; SERVE OF THE ARMED FORCES. in effect on the day before the date of enact- (5) by redesignating clauses (iv) and (v) as (a) IN GENERAL.—Beginning not later than ment of the Every Student Succeeds Act; clauses (vi) and (vii), respectively; one year after the date of the enactment of and (6) by inserting after clause (iii) the fol- this Act, the Secretary of Veterans Affairs (2) for fiscal year 2017 and each succeeding lowing: shall commence a three-year pilot program fiscal year, shall be in effect with respect to ‘‘(iv) in the case of any borrower who has to assess the feasibility and advisability of appropriations for use under title VII of the received a call or order to duty described in furnishing counseling under section 1712A(a) Elementary and Secondary Education Act of subclause (I) or (II) of clause (iii), during the of title 38, United States Code, to any mem- 1965, as amended by the Every Student Suc- shorter of— ber of the Selected Reserve of the Armed ceeds Act (Public Law 114–95; 129 Stat. 1802).

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.042 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3218 CONGRESSIONAL RECORD — SENATE May 25, 2016 SA 4215. Mr. REID (for himself, Mr. ment not later than 2 years after the effec- valid unless it is filed not later than the SCHUMER, and Ms. HIRONO) submitted tive date of this section. later of— an amendment intended to be proposed (C) EFFECTIVE DATE OF RECOMPUTATION; (i) 2 years after the effective date of this by him to the bill S. 2943, to authorize RETROACTIVE PAY AS LUMP-SUM PAYMENT.— section; or (i) EFFECTIVE DATE.—A recomputation (ii) 1 year after the date of the decedent’s appropriations for fiscal year 2017 for under subparagraph (A) shall be effective as death. military activities of the Department of the commencement date of the annuity. (d) FUNDING.— of Defense, for military construction, (ii) RETROACTIVE PAY AS LUMP-SUM PAY- (1) LUMP-SUM PAYMENTS.—Any lump-sum and for defense activities of the De- MENT.—Any additional amounts becoming payment under paragraph (2)(C)(ii) or partment of Energy, to prescribe mili- payable, due to a recomputation under sub- (3)(B)(i)(II) of subsection (c) shall be payable tary personnel strengths for such fiscal paragraph (A), for periods before the first out of the Civil Service Retirement and Dis- year, and for other purposes; which was month for which the recomputation is re- ability Fund. flected in the regular monthly annuity pay- (2) UNFUNDED LIABILITY.—Any increase in ordered to lie on the table; as follows: ments of an individual shall be payable to the unfunded liability of the Civil Service At the end of subtitle I of title X, add the the individual in the form of a lump-sum Retirement System attributable to the en- following: payment. actment of this section shall be financed in SEC. llll. CREDITABLE SERVICE FOR FED- (3) PROVISIONS RELATING TO INDIVIDUALS EL- accordance with section 8348(f) of title 5, ERAL RETIREMENT FOR CERTAIN IGIBLE FOR (BUT NOT CURRENTLY RECEIVING) AN United States Code. INDIVIDUALS. ANNUITY.— (e) REGULATIONS AND SPECIAL RULE.— (a) DEFINITIONS.—In this section— (A) IN GENERAL.— (1) IN GENERAL.—The Director of the Office (1) the term ‘‘annuity’’ includes a survivor (i) ELECTION.—An individual not described of Personnel Management shall promulgate annuity; and in paragraph (2) who becomes eligible for an any regulations necessary to carry out this (2) the terms ‘‘survivor’’, ‘‘survivor annu- annuity or an increased annuity as a result section, which shall include provisions under itant’’, and ‘‘unfunded liability’’ have the of the enactment of this section may elect to which rules similar to those established meanings given those terms under section have the rights of the individual under sub- under the amendments made by section 201 8331 of title 5, United States Code. chapter III of chapter 83 of title 5, United of the Federal Employees’ Retirement Sys- (b) AMENDMENTS.— States Code, determined as if the amend- tem Act of 1986 (Public Law 99–335; 100 Stat. (1) IN GENERAL.—Section 8332(b) of title 5, ments made by this section had been in ef- 588) shall be applied with respect to any serv- United States Code, is amended— fect throughout all periods of service on the ice described in section 8332(b)(18) of title 5, (A) in paragraph (16), by striking ‘‘and’’ at basis of which the annuity is or would be United States Code (as added by subsection the end; based. (b)(1)(C)) that was subject to title II of the (B) in paragraph (17), by striking the pe- (ii) SUBMISSION OF ELECTION.—An indi- Social Security Act. riod at the end and inserting ‘‘; and’’; vidual shall make an election under clause (2) SPECIAL RULE.—For purposes of any ap- (C) by inserting after paragraph (17) the (i) by submitting an appropriate application plication for any benefit which is computed following: to the Office of Personnel Management not or recomputed taking into account any serv- ‘‘(18) any period of service performed— later than 2 years after the later of— ice described in section 8332(b)(18) of title 5, ‘‘(A) not later than December 31, 1977; (I) the effective date of this section; or United States Code (as added by subsection ‘‘(B) while a citizen of the United States; (II) the date on which the individual sepa- (b)(1)(C)), section 8345(i)(2) of such title shall ‘‘(C) in the employ of— rates from service. be applied by deeming the reference to the ‘‘(i) Air America, Inc.; or (B) EFFECTIVE DATE OF ENTITLEMENT; date of the ‘‘other event which gives rise to ‘‘(ii) any entity associated with, prede- RETROACTIVITY.— title to the benefit’’ to refer to the effective cessor to, or subsidiary to Air America, Inc., (i) EFFECTIVE DATE.— date of this section, if later than the date of including Air Asia Company Limited, CAT (I) IN GENERAL.—Subject to clause (ii), any the event that would otherwise apply. Incorporated, Civil Air Transport Company entitlement to an annuity or an increased (f) EFFECTIVE DATE.—This section and the Limited, and the Pacific Division of South- annuity resulting from an election under amendments made by this section shall take ern Air Transport; and subparagraph (A) shall be effective as of the effect on the first day of the first fiscal year ‘‘(D) during the period that Air America, commencement date of the annuity. beginning after the date of enactment of this Inc. or such other entity described in sub- (II) RETROACTIVE PAY AS LUMP-SUM PAY- Act. paragraph (C) was owned and controlled by MENT.—Any amounts becoming payable for the United States Government.’’; and periods before the first month for which reg- SA 4216. Mr. BOOKER (for himself (D) in the second undesignated paragraph ular monthly annuity payments begin to be and Mr. MENENDEZ) submitted an following paragraph (18) (as added by sub- made in accordance with the amendments paragraph (C)), by adding at the end the fol- made by this section shall be payable to the amendment intended to be proposed by lowing: ‘‘For purposes of this subchapter, individual in the form of a lump-sum pay- him to the bill S. 2943, to authorize ap- service of the type described in paragraph ment. propriations for fiscal year 2017 for (18) of this subsection shall be considered to (ii) RETROACTIVITY.—Any determination of military activities of the Department have been service as an employee.’’. the amount, or of the commencement date, of Defense, for military construction, (2) EXEMPTION FROM DEPOSIT REQUIRE- of any annuity, all the requirements for enti- and for defense activities of the De- MENT.—Section 8334(g) of title 5, United tlement to which (including separation, but partment of Energy, to prescribe mili- States Code, is amended— not including any application requirement) (A) in paragraph (5), by striking ‘‘or’’ at would have been satisfied before the effective tary personnel strengths for such fiscal the end; date of this section if this section had been year, and for other purposes; which was (B) in paragraph (6), by striking the period in effect (but would not then otherwise have ordered to lie on the table; as follows: at the end and inserting ‘‘ ; or’’; and been satisfied absent this section) shall be At the end of subtitle E of title I, add the (C) by adding at the end the following: made as if application for the annuity had following: ‘‘(7) any period of service for which credit been submitted as of the earliest date that SEC. 154. REPORT ON NORTHCOM JOINT URGENT is allowed under section 8332(b)(18) of this would have been allowable, after the date on OPERATIONS NEED FOR AESA RA- title.’’. which the individual separated from service, DARS. (c) APPLICABILITY.— if the amendments made by this section had (a) FINDINGS.—Congress makes the fol- (1) IN GENERAL.—Except as otherwise pro- been in effect throughout the periods of serv- lowing findings: vided in this subsection, the amendments ice referred to in subparagraph (A)(i). (1) The United States Northern Command made by this section shall apply with respect (4) RIGHT TO FILE ON BEHALF OF A DECE- (NORTHCOM) requested a Joint Urgent to annuities commencing on or after the ef- DENT.— Operational Need (JUON) in 2015 at the re- fective date of this section. (A) IN GENERAL.—The regulations promul- quest of the First Air Force for 72 F–16 air- (2) PROVISIONS RELATING TO CURRENT ANNU- gated under subsection (e)(1) shall include craft equipped with active electronically ITANTS.— provisions, in accordance with the order of scanned array (AESA) radars. (A) ELECTION.—Any individual who is enti- precedence under section 8342(c) of title 5, (2) According to a June 2009 report of the tled to an annuity for the month in which United States Code, under which a survivor Defense Science Board Task Force on the this section becomes effective may elect to of an individual who performed service de- Fulfillment of Urgent Operational Needs, a have the amount of such annuity recom- scribed in section 8332(b)(18) of such title (as JUON is ‘‘a need prioritized by a combatant puted as if the amendments made by this added by subsection (b)(1)(C)) shall be al- commander and is defined as a need requir- section had been in effect throughout all pe- lowed to submit an application on behalf of ing a solution that, if left unfilled, could re- riods of service on the basis of which the an- and to receive any lump-sum payment that sult in the loss of life and/or prevent the suc- nuity is or may be based. would otherwise have been payable to the de- cessful completion of a near-term military (B) SUBMISSION OF ELECTION.—An indi- cedent under paragraph (2)(C)(ii) or mission’’. vidual shall make an election under subpara- (3)(B)(i)(II) of this subsection. (3) According to Department of Defense In- graph (A) by submitting an appropriate ap- (B) SUBMISSION OF APPLICATION.—An appli- struction 5000.02 ‘‘Operation of the Defense plication to the Office of Personnel Manage- cation under this paragraph shall not be Acquisition System’’, the purpose of urgent

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.043 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3219 operational needs is ‘‘to deliver capability and Defense-wide activities is hereby re- (3) consideration of the trade-offs between quickly, within days or months’’. duced by $13,200,000, with the amount of the the capability and affordability of commer- (4) Furthermore, Department of Defense decrease to be allocated to aircraft spares cial derivative aircraft versus military pur- Instruction 5000.02 states that ‘‘DoD Compo- and repair parts, Air Force, as specified in pose designed aircraft. nents will use all available authorities to ex- the funding tables in section 4101, and avail- peditiously fund, develop, assess, produce, able for Initial Spares/Repair Parts; Compass SA 4219. Mr. DAINES (for himself, deploy, and sustain these capabilities for the Call, Program Restructure. Mr. HOEVEN, and Mr. TESTER) sub- duration of the urgent need’’. (3) PROCUREMENT OF AIRCRAFT SPARES AND mitted an amendment intended to be REPAIR PARTS FOR OCO, AIR FORCE.—The (5) One of the criteria for selecting a rapid proposed by him to the bill S. 2943, to fielding such as JUON is that the capability amount authorized to be appropriated for fis- can be fielded within 2 years. However, to cal year 2017 for the Department of Defense authorize appropriations for fiscal year date no AESA Radars have been fielded in by section 1503 for procurement for overseas 2017 for military activities of the De- support of this JUON. contingency operations is hereby reduced by partment of Defense, for military con- (b) REPORT REQUIRED.—Not later than 60 $25,600,000, with the amount of the decrease struction, and for defense activities of days after the date of the enactment of this to be allocated to aircraft spares and repair the Department of Energy, to prescribe Act, the Commander of U.S. Northern Com- parts, Air Force, for overseas contingency military personnel strengths for such operations, as specified in the funding tables mand and the Secretary of the Air Force fiscal year, and for other purposes; shall submit to the Committees on Armed in section 4102, and available for Initial Services of the Senate and the House of Rep- Spares/Repair Parts; Compass Call, Program which was ordered to lie on the table; resentatives a report setting forth— Restructure. as follows: (1) the status of the NORTHCOM JUON for (4) RESEARCH, DEVELOPMENT, TEST, AND At the end of subtitle D of title XVI, insert 72 AESA radar-equipped F–16 aircraft; EVALUATION, AIR FORCE.—The amount au- the following: (2) when the Air Force expects to field all thorized to be appropriated for fiscal year SEC. 1655. EXPEDITED DECISION WITH RESPECT 72 radars; 2017 for the Department of Defense by sec- TO SECURING LAND-BASED MISSILE (3) what acquisition strategy the Depart- tion 201 for research, development, test, and FIELDS. ment of Defense will use for the full buy; and evaluation is hereby increased by $37,100,000, To mitigate any risk posed to the nuclear (4) how NORTHCOM is addressing threats with the amount of the increase to be allo- forces of the United States by the failure to to the homeland and capability gaps in cated to operational systems development, replace the UH–1N helicopter, the Secretary United States air combat alert in the ab- as specified in the funding tables in section of Defense shall, in consultation with the sence of F–16 aircraft equipped with AESA 4201, and available for Compass Call, Pro- Chairman of the Joint Chiefs of Staff— radars. gram Restructure. (1) decide if the land-based missile fields (c) FORM.—The report required under sub- (5) OPERATION AND MAINTENANCE, AIR using UH–1N helicopters meet security re- section (b) shall be submitted in unclassified FORCE.—The amount authorized to be appro- quirements and if there are any shortfalls or form, but may include a classified annex. priated for fiscal year 2017 for the Depart- gaps in meeting such requirements; ment of Defense by section 301 for operation (2) not later than 30 days after the date of SA 4217. Ms. AYOTTE (for herself, and maintenance is hereby reduced by the enactment of this Act, submit to Con- Mrs. SHAHEEN, Mr. GRAHAM, Mr. KING, $56,500,000, with the amount of such decrease gress a report on the decision relating to a Mr. WICKER, Mr. NELSON, and Mr. KIRK) to be allocated to operation and mainte- request for forces required by paragraph (1); submitted an amendment intended to nance, Air Force operating forces for depot and be proposed by her to the bill S. 2943, to maintenance, as specified in the funding ta- (3) not later than 60 days after such date of bles in section 4301, and available for Com- enactment, implement that decision, if the authorize appropriations for fiscal year pass Call, Program Restructure. 2017 for military activities of the De- Chairman determines the implementation of (6) OPERATION AND MAINTENANCE FOR OCO, the decision to be warranted to mitigate any partment of Defense, for military con- AIR FORCE.—The amount authorized to be ap- struction, and for defense activities of risk posed to the nuclear forces of the United propriated for fiscal year 2017 by section 1505 States. the Department of Energy, to prescribe for the Department of Defense for operation military personnel strengths for such and maintenance for overseas contingency Mr. BARRASSO submitted operations is hereby increased by $25,600,000, SA 4220. fiscal year, and for other purposes; an amendment intended to be proposed which was ordered to lie on the table; with the amount of such increase to be allocated to operation and maintenance, Air by him to the bill S. 2943, to authorize as follows: Force operating forces, for overseas contin- appropriations for fiscal year 2017 for Strike section 145 and insert the following: gency operations, for depot maintenance, as military activities of the Department SEC. 145. COMPASS CALL RE-HOST PROGRAM. specified in the funding tables in section of Defense, for military construction, (a) AUTHORIZATION.—The Secretary of the 4302, and available for Compass Call, Pro- and for defense activities of the De- Air Force is authorized to obligate and ex- gram Restructure. pend fiscal year 2017 funds for the purpose of partment of Energy, to prescribe mili- re-hosting the primary mission equipment of SA 4218. Mr. WICKER submitted an tary personnel strengths for such fiscal the current EC–130H Compass Call aircraft amendment intended to be proposed by year, and for other purposes; which was fleet on to a more operationally effective him to the bill S. 2943, to authorize ap- ordered to lie on the table; as follows: and survivable airborne platform to meet propriations for fiscal year 2017 for At the end of subtitle I of title X, add the combatant commander requirements. This military activities of the Department following: program may be implemented consistent SEC. 1097. EXPANSION OF PROHIBITION ON with existing authorities, including Federal of Defense, for military construction, and for defense activities of the De- TRANSFER OF VETERANS MEMORIAL Acquisition Regulation Part 6.3 and Depart- OBJECTS WITHOUT SPECIFIC AU- ment of Defense Instruction 5000.02 ‘‘Oper- partment of Energy, to prescribe mili- THORIZATION BY LAW. ation of the Defense Acquisition System’’. tary personnel strengths for such fiscal Paragraph (3) of section 2572(e) of title 10, (b) FUNDING ADJUSTMENTS.— year, and for other purposes; which was United States Code, is amended to read as (1) AIRCRAFT PROCUREMENT, AIR FORCE.— ordered to lie on the table; as follows: follows: The amount authorized to be appropriated At the end of subtitle D of title I, add the ‘‘(3) The prohibition imposed by paragraph for fiscal year 2017 for the Department of De- following: (1) does not apply to a transfer of a veterans fense by section 101 for procurement for the SEC. 147. ACQUISITION STRATEGY FOR AIR memorial object that is specifically author- Army, the Navy and the Marine Corps, the FORCE HELICOPTERS. ized by law.’’. Air Force, and Defense-wide activities is (a) IN GENERAL.—Not later than 60 days hereby increased by $32,600,000, with the after the date of the enactment of this Act, SA 4221. Mr. BARRASSO submitted amount of the increase to be allocated to air- the Secretary of Defense shall submit to the an amendment intended to be proposed craft procurement, Air Force, as specified in congressional defense committees an acqui- the funding tables in section 4101, and avail- sition strategy for replacement of the Air by him to the bill S. 2943, to authorize able for the following procurement in the Force UH–1N helicopter program. appropriations for fiscal year 2017 for amounts specified: (b) ELEMENTS.—The acquisition strategy military activities of the Department (A) EC–130H, Scope Increase, $103,000,000. required under subsection (a) shall include— of Defense, for military construction, (B) Compass Call Mods, Program Restruc- (1) a description of the separate and dis- and for defense activities of the De- ture, a decrease in the amount of $70,400,000. tinct rotorcraft requirements among Air partment of Energy, to prescribe mili- (2) PROCUREMENT OF AIRCRAFT SPARES AND Force Global Strike Command, Air Force tary personnel strengths for such fiscal REPAIR PARTS, AIR FORCE.—The amount au- District of Washington, and other Major thorized to be appropriated for fiscal year Command airlift missions; year, and for other purposes; which was 2017 for the Department of Defense by sec- (2) a life-cycle cost analysis of mixed-fleet ordered to lie on the table; as follows: tion 101 for procurement for the Army, the versus single-fleet acquisition of aircraft; At the end of subtitle E of title III, add the Navy and the Marine Corps, the Air Force, and following:

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.043 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3220 CONGRESSIONAL RECORD — SENATE May 25, 2016 SEC. 341. REIMBURSEMENT OF STATES FOR CER- ment intended to be proposed by him SEC. 1097. MILITARY FAMILIES CREDIT REPORT- TAIN FIRE SUPPRESSION SERVICES to the bill S. 2943, to authorize appro- ING ACT. AS A RESULT OF FIRE CAUSED BY (a) SHORT TITLE.—This section may be MILITARY TRAINING OR OTHER AC- priations for fiscal year 2017 for mili- cited as the ‘‘Military Families Credit Re- TIONS OF THE ARMED FORCES OR tary activities of the Department of porting Act’’. THE DEPARTMENT OF DEFENSE. Defense, for military construction, and (b) NOTICE OF STATUS AS AN ACTIVE DUTY (a) REIMBURSEMENT REQUIRED.— for defense activities of the Depart- MILITARY CONSUMER.—The Fair Credit Re- (1) IN GENERAL.—The Secretary of Defense ment of Energy, to prescribe military porting Act (15 U.S.C. 1681 et seq.) is amend- shall, upon application by a State, reimburse ed— the State for the reasonable costs of the personnel strengths for such fiscal year, and for other purposes; which was (1) in section 605 (15 U.S.C. 1681c), by add- State for fire suppression services coordi- ing at the end the following: nated by the State as a result of a wildland ordered to lie on the table; as follows: ‘‘(i) NOTICE OF STATUS AS AN ACTIVE DUTY fire caused by military training or other ac- At the end of subtitle I of title XII, add the MILITARY CONSUMER.— tions of units or members of the Armed following: ‘‘(1) IN GENERAL.—With respect to an item Forces in Federal status or employees of the SEC. 1097. COLLABORATION BETWEEN FEDERAL of adverse information about a consumer Department of Defense on a military train- AVIATION ADMINISTRATION AND DE- that arises from the failure of the consumer ing installation owned by the State. PARTMENT OF DEFENSE ON UN- to make any required payment on a debt or (2) SERVICES COVERED.—Services reimburs- MANNED AIRCRAFT SYSTEMS. other obligation, if the action or inaction able under this subsection shall be limited to (a) COLLABORATION BETWEEN FEDERAL that gave rise to the item occurred while the services proximately related to the fire for AVIATION ADMINISTRATION IN DEPARTMENT OF consumer was an active duty military con- which reimbursement is sought under this DEFENSE REQUIRED.— sumer, the consumer may provide appro- subsection. (1) IN GENERAL.—The Administrator of the priate proof, including official orders, to a (3) LIMITATIONS.—Nothing in this section Federal Aviation Administration and the consumer reporting agency that the con- shall apply to Department-owned military Secretary of Defense shall collaborate on de- sumer was an active duty military consumer training installations. Nothing in this sec- veloping ground-based sense and avoid at the time such action or inaction occurred, tion shall affect existing memoranda of un- (GBSAA) and airborne sense and avoid and any consumer report provided by the derstanding between Department-owned (ABSAA) capabilities for unmanned aircraft consumer reporting agency that includes the military training installations and local gov- systems (UAS). item shall clearly and conspicuously disclose ernments. Reimbursement may not be made (2) ELEMENTS.—The collaboration required that the consumer was an active duty mili- under this section for any services for which by paragraph (1) shall include the following: tary consumer when the action or inaction a claim may be made under the Federal Tort (A) Sharing information and technology on that gave rise to the item occurred. Claims Act. safely integrating unmanned aircraft sys- ‘‘(2) MODEL FORM.—The Bureau shall pre- (b) APPLICATION.—Each application of a tems and manned aircraft in the national pare a model form, which shall be made pub- State for reimbursement for costs under sub- airspace system. licly available, including in an electronic section (a) shall set forth an itemized re- (B) Building upon Air Force and Depart- format, by which a consumer may— quest of the services covered by the applica- ment of Defense experience to inform the ‘‘(A) notify, and provide appropriate proof tion, including the costs of such services. Federal Aviation Administration’s develop- to, a consumer reporting agency in a simple (c) FUNDS.—Reimbursements under sub- ment of civil standards, policies, and proce- and easy manner, including electronically, section (a) shall be made from amounts au- dures for integrating unmanned aircraft sys- that the consumer is or was an active duty thorized to be appropriated for the Depart- tems in the national airspace system. military consumer; and ment of Defense for operation and mainte- (C) Assisting in the development of best ‘‘(B) provide contact information of the nance. practices for unmanned aircraft airworthi- consumer for the purpose of communicating ness certification, development of airborne with the consumer while the consumer is an SA 4222. Ms. MURKOWSKI submitted and ground-based sense and avoid capabili- an amendment intended to be proposed active duty military consumer. ties for unmanned aircraft systems, and re- ‘‘(3) NO ADVERSE CONSEQUENCES.—Notice, by her to the bill S. 2943, to authorize search and development on unmanned air- whether provided by the model form de- appropriations for fiscal year 2017 for craft systems, especially with respect to scribed in paragraph (2) or otherwise, that a military activities of the Department matters involving human factors, informa- consumer is or was an active duty military of Defense, for military construction, tion assurance, and security. consumer may not provide the sole basis and for defense activities of the De- (b) PARTICIPATION BY FEDERAL AVIATION for— partment of Energy, to prescribe mili- ADMINISTRATION IN DEPARTMENT OF DEFENSE ‘‘(A) with respect to a credit transaction ACTIVITIES.— tary personnel strengths for such fiscal between the consumer and a creditor, a cred- (1) IN GENERAL.—The Administrator may itor— year, and for other purposes; which was participate and provide assistance for par- ordered to lie on the table; as follows: ‘‘(i) denying an application of credit sub- ticipation in test and evaluation efforts of mitted by the consumer; Strike section 604. the Department of Defense, including the Air ‘‘(ii) revoking an offer of credit made to Force, relating to ground-based sense and the consumer by the creditor; SA 4223. Mr. BARRASSO submitted avoid and airborne sense and avoid capabili- an amendment intended to be proposed ‘‘(iii) changing the terms of an existing ties for unmanned aircraft systems. credit arrangement with the consumer; or by him to the bill S. 2943, to authorize (2) PARTICIPATION THROUGH CENTERS OF EX- ‘‘(iv) refusing to grant credit to the con- appropriations for fiscal year 2017 for CELLENCE AND TEST SITES.—Participation sumer in a substantially similar amount or military activities of the Department under paragraph (1) may include provision of on substantially similar terms requested by of Defense, for military construction, assistance through the Unmanned Aircraft the consumer; and for defense activities of the De- Systems Center of Excellence and Unmanned ‘‘(B) furnishing negative information relat- partment of Energy, to prescribe mili- Aircraft Systems Test Sites. ing to the creditworthiness of the consumer (c) UNMANNED AIRCRAFT SYSTEM DE- by or to a consumer reporting agency; or tary personnel strengths for such fiscal FINED.—In this section, the term ‘‘unmanned ‘‘(C) except as otherwise provided in this year, and for other purposes; which was aircraft system’’ has the meaning given that title, a creditor or consumer reporting agen- ordered to lie on the table; as follows: term in section 331 of the FAA Moderniza- cy noting in the file of the consumer that At the end of subtitle F of title X, add the tion and Reform Act of 2012 (Public Law 112– the consumer is or was an active duty mili- following: 95; 49 U.S.C. 40101 note). tary consumer.’’; SEC. 1059. USE OF THE NATIONAL GUARD FOR (2) in section 605A (15 U.S.C. 1681c–1)— SUPPORT OF CIVILIAN FIRE- SA 4225. Mr. MENENDEZ (for him- (A) in subsection (c)— FIGHTING ACTIVITIES. self, Mr. BROWN, and Mr. BOOKER) sub- The Secretary of Defense may authorize (i) by redesignating paragraphs (1), (2), and mitted an amendment intended to be (3) as subparagraphs (A), (B), and (C), respec- members and units of the National Guard proposed by him to the bill S. 2943, to performing duty under section 328(b), 502(f), tively, and adjusting the margins accord- or 709(a) of title 32, United States Code, or on authorize appropriations for fiscal year ingly; active duty under title 10, United States 2017 for military activities of the De- (ii) in the matter preceding subparagraph Code, to support firefighting operations, mis- partment of Defense, for military con- (A), as so redesignated, by striking ‘‘Upon’’ sions, and activities, including aerial fire- struction, and for defense activities of and inserting the following: fighting employment of the Mobile Airborne the Department of Energy, to prescribe ‘‘(1) IN GENERAL.—Upon’’; and Firefighting System (MAFFS), undertaken military personnel strengths for such (iii) by adding at the end the following: ‘‘(2) NEGATIVE INFORMATION NOTIFICATION.— in support of a request from the National fiscal year, and for other purposes; Interagency Fire Center or another Federal If a consumer reporting agency receives an agency. which was ordered to lie on the table; item of adverse information about a con- as follows: sumer who has provided appropriate proof SA 4224. Mr. BROWN (for himself and At the end of subtitle I of title X, add the that the consumer is an active duty military Mr. PORTMAN) submitted an amend- following: consumer, the consumer reporting agency

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.046 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3221 shall promptly notify the consumer, accord- infrastructure that utilizes the Industrial of this Act, the Director of National Intel- ing to a frequency, manner, and timeliness Control System cyber assessment expertise ligence, in consultation with the Secretary determined by the Bureau or specified by the assigned to a National Guard Cyber Oper- of Defense, shall complete a review of each consumer— ations Group. intelligence sharing agreement between the ‘‘(A) that the consumer reporting agency (b) DURATION.—The duration of the pilot United States and a foreign country that— has received the item of adverse informa- program shall be three years. (1) is experiencing a significant threat tion, along with a description of the item; (c) SCOPE OF TRAINING.—The training pro- from the Islamic State of Iraq and the Le- and vided pursuant to the pilot program shall be vant; or ‘‘(B) the method by which the consumer designed to permit personnel who receive (2) is participating as part of the coalition may dispute the validity of the item. such training to assist National Guard Cyber in activities to degrade and defeat the Is- ‘‘(3) CONTACT INFORMATION FOR ACTIVE DUTY Protection Teams in carrying out activities lamic State of Iraq and the Levant. MILITARY CONSUMERS.— to protect systems and infrastructure de- (b) INTELLIGENCE SHARING RELATED TO THE ‘‘(A) IN GENERAL.—If a consumer who has scribed in subsection (a) from cyber attacks ISLAMIC STATE OF IRAQ AND THE LEVANT.— provided appropriate proof to a consumer rein situations where such activities are other- Not later than 90 days after the date that the porting agency that the consumer is an ac- wise authorized. Director of National Intelligence completes tive duty military consumer provides the (d) CONSULTATION.—The Chief of the Na- the reviews required by subsection (a), the consumer reporting agency with contact in- tional Guard Bureau shall consult with the Director shall develop an intelligence shar- formation for the purpose of communicating Under Secretary of Homeland Security for ing agreement between the United States with the consumer while the consumer is an National Protection and Programs, Depart- and each foreign country referred to in sub- active duty military consumer, the con- ment of Energy national laboratories, and section (a) that— sumer reporting agency shall use that con- appropriate institutions of higher education (1) applies to the sharing of intelligence re- tact information for all communications and other organizations and entities in the lated to defensive or offensive measures to while the consumer is an active duty mili- private sector in carrying out the pilot pro- be taken with respect to the Islamic State of tary consumer. gram. Iraq and the Levant; and ‘‘(B) DIRECT REQUEST.—Unless the con- (e) RELATIONSHIP WITH EXISTING TRAINING (2) provides for the maximum amount of sumer directs otherwise, the provision of PROGRAMS.—In conducting the pilot pro- sharing of such intelligence, as appropriate, contact information by the consumer under gram, the Chief of the National Guard Bu- in a manner that is consistent with the due subparagraph (A) shall be deemed to be a re- reau shall not duplicate, and shall consult regard for the protection of intelligence quest for the consumer to receive an active with and may leverage, existing training sources and methods, protection of human duty alert under paragraph (1). programs, including training available rights, and the ability of recipient nations to ‘‘(4) SENSE OF CONGRESS.—It is the sense of through the national cybersecurity and com- utilize intelligence for targeting purposes Congress that any person making use of a munications integration center established consistent with the laws of armed conflict. consumer report that contains an item of ad- under section 227 of the Homeland Security verse information should, if the action or in- Act of 2002 (6 U.S.C. 148). SA 4228. Ms. HIRONO (for herself, Ms. action that gave rise to the item occurred (f) REPORT.— MURKOWSKI, and Ms. CANTWELL) sub- while the consumer was an active duty mili- (1) IN GENERAL.—Not later than six months mitted an amendment intended to be tary consumer, take such fact into account after the completion of the pilot program, proposed by her to the bill S. 2943, to when evaluating the creditworthiness of the the Chief of the National Guard Bureau shall authorize appropriations for fiscal year submit to the officials, and the committees consumer.’’; and 2017 for military activities of the De- (B) in subsection (e), by striking paragraph of Congress, specified in paragraph (2) a re- (3) and inserting the following: port that sets forth the following: partment of Defense, for military con- ‘‘(3) subparagraphs (A) and (B) of sub- (A) An evaluation of the training needs of struction, and for defense activities of section (c)(1), in the case of a referral under the National Guard Cyber Protection Teams the Department of Energy, to prescribe subsection (c)(1)(C).’’; and in protecting industrial control systems military personnel strengths for such (3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), from cyber attacks. fiscal year, and for other purposes; by adding at the end the following: (B) An assessment whether new training which was ordered to lie on the table; ‘‘(D) NOTICE OF DISPUTE RELATED TO ACTIVE capabilities are necessary for the remainder as follows: DUTY MILITARY CONSUMERS.—With respect to of the National Guard Cyber Protection At the end of subtitle H of title XII, add an item of information described under sub- Teams. the following: paragraph (A) that is under dispute, if the (C) Any other assessments, conclusions, consumer to whom the item relates has noti- and recommendations that the Chief of the SEC. 1277. APPROVAL OF AGREEMENT BETWEEN UNITED STATES AND REPUBLIC OF fied the consumer reporting agency, and has National Guard Bureau considers appropriate in light of the pilot program. PALAU. provided appropriate proof, that the con- (a) DEFINITIONS.—In this section: (2) OFFICIALS AND COMMITTEES OF CON- sumer was an active duty military consumer (1) AGREEMENT.—The term ‘‘Agreement’’ GRESS.—The officials, and the committees of at the time the action or inaction that gave means the Agreement and appendices signed Congress, specified in this paragraph are the rise to the disputed item occurred, the con- by the United States and the Republic of following: sumer reporting agency shall— Palau on September 3, 2010. (A) The Secretary of Defense, the Sec- ‘‘(i) include that fact in the file of the con- (2) COMPACT.—The term ‘‘Compact’’ means retary of Homeland Security, and the Sec- sumer; and the Compact of Free Association between the retary of Energy. ‘‘(ii) indicate that fact in each consumer Government of the United States of America (B) The Committee on Armed Services, the report that includes the disputed item.’’. and the Government of Palau, as contained Committee on Homeland Security and Gov- in section 201 of Public Law 99–658 (48 U.S.C. Ms. CANTWELL submitted ernmental Affairs, and the Committee on SA 4226. 1931 note). Energy and Natural Resources of the Senate. an amendment intended to be proposed (b) RESULTS OF COMPACT REVIEW.— (C) The Committee on Armed Services, the by her to the bill S. 2943, to authorize (1) IN GENERAL.—Title I of Public Law 99– Committee on Homeland Security, and the appropriations for fiscal year 2017 for 658 (48 U.S.C. 1931 et seq.) is amended by add- Committee on Energy and Commerce of the military activities of the Department ing at the end the following: House of Representatives of Defense, for military construction, ‘‘SEC. 105. RESULTS OF COMPACT REVIEW. and for defense activities of the De- SA 4227. Mrs. FEINSTEIN submitted ‘‘(a) IN GENERAL.—The agreement and ap- partment of Energy, to prescribe mili- an amendment intended to be proposed pendices signed by the United States and the tary personnel strengths for such fiscal Republic of Palau on September 3, 2010 (re- by her to the bill S. 2943, to authorize ferred to in this section as the ‘Agreement’), year, and for other purposes; which was appropriations for fiscal year 2017 for ordered to lie on the table; as follows: pursuant to section 432 of the Compact, are military activities of the Department approved— At the end of subtitle C of title XVI, add of Defense, for military construction, ‘‘(1) except for the extension of article X of the following: and for defense activities of the De- the Agreement regarding Federal programs SEC. 1641. PILOT PROGRAM ON TRAINING FOR partment of Energy, to prescribe mili- and services, concluded pursuant to article II NATIONAL GUARD PERSONNEL ON of title II and section 232 of the Compact; CYBER SKILLS FOR THE PROTEC- tary personnel strengths for such fiscal TION OF INDUSTRIAL CONTROL SYS- year, and for other purposes; which was and TEMS ASSOCIATED WITH CRITICAL ‘‘(2) subject to the provisions of this sec- INFRASTRUCTURE. ordered to lie on the table; as follows: tion. (a) IN GENERAL.—The Chief of the National At the end of subtitle F of title XVI, add ‘‘(b) WITHHOLDING OF FUNDS.—If the Repub- Guard Bureau shall carry out within the Na- the following: lic of Palau withdraws more than $5,000,000 tional Guard Bureau a pilot program to pro- SEC. 1674. INTELLIGENCE SHARING RELATION- from the trust fund established under section vide National Guard personnel with training SHIPS. 211(f) of the Compact during fiscal year 2016, on cyber skills for the protection of indus- (a) REVIEW OF AGREEMENTS.—Not later or more than $8,000,000 during fiscal year trial control systems associated with critical than 90 days after the date of the enactment 2017, the amounts payable under sections 1,

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2(a), 3, and 4(a) of the Agreement shall be ‘‘(b) REQUIREMENT.—The implementation ‘‘(C) A naturalized citizen of Palau who— withheld from the Republic of Palau until of this section shall be carried out in accord- ‘‘(i) has been an actual resident of Palau the date on which the Republic of Palau re- ance with appendix B to this agreement.’’. for not less than 5 years after attaining that imburses the trust fund for the total (4) DIRECT ECONOMIC ASSISTANCE.—Sub- naturalization; and amounts withdrawn that exceeded $5,000,000 section (a) of section 4 of the Agreement is ‘‘(ii) holds a certificate of that actual resi- during fiscal year 2016 or $8,000,000 during fis- amended to read as follows: dence. cal year 2017, as applicable. ‘‘(a) DIRECT ECONOMIC ASSISTANCE.— ‘‘(3) EFFECT OF SUBSECTION.—Nothing in ‘‘(c) FUNDING FOR CERTAIN PROVISIONS.— ‘‘(1) IN GENERAL.—In addition to economic this subsection— Not later than 30 days after the date of en- assistance in an amount equal to $13,147,000 ‘‘(A) confers on a citizen of Palau the actment of this section, out of any funds in provided to the Government of Palau by the right— the Treasury not otherwise appropriated, the Government of the United States for each of ‘‘(i) to establish residence necessary for Secretary of the Treasury shall transfer to fiscal years 2010 through 2016, and unless oth- naturalization under the Immigration and the Secretary of the Interior such sums as erwise specified in this agreement or an ap- Nationality Act (8 U.S.C. 1101 et seq.); or are necessary for the Secretary of the Inte- pendix to this agreement, the Government of ‘‘(ii) to petition for benefits for alien rel- rior to implement sections 1, 2(a), 3, 4(a), and the United States shall provide to the Gov- atives under that Act; or 5 of the Agreement, to remain available until ernment of Palau $28,721,000 in economic as- ‘‘(B) prevents a citizen of Palau from oth- expended, without any further appropriation. sistance, as follows: erwise acquiring— ‘‘(A) $7,500,000 for fiscal year 2017. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) a right described in subparagraph (A); ‘‘(B) $6,250,000 for fiscal year 2018. There are authorized to be appropriated— or ‘‘(C) $5,000,000 for fiscal year 2019. ‘‘(1) to the Secretary of the Interior to sub- ‘‘(ii) lawful permanent resident alien sta- ‘‘(D) $4,000,000 for fiscal year 2020. tus in the United States. sidize postal services provided by the United ‘‘(E) $3,000,000 for fiscal year 2021. States Postal Service to the Republic of ‘‘(b) ACCEPTANCE OF EMPLOYMENT.—Any ‘‘(F) $2,000,000 for fiscal year 2022. person who meets the requirements of any Palau, the Republic of the Marshall Islands, ‘‘(G) $971,000 for fiscal year 2023. and the Federated States of Micronesia category described in subsection (a)(2) shall ‘‘(2) METHOD.—Unless otherwise specified $1,500,000 for each of fiscal years 2017 through be considered to have the permission of the in this agreement or in an appendix to this Secretary of Homeland Security to accept 2024, to remain available until expended; and agreement, the funds provided for a fiscal ‘‘(2) to the head of each Federal entity de- employment in the United States. year under this subsection shall be provided ‘‘(c) ESTABLISHMENT OF HABITUAL RESI- scribed in paragraphs (1), (3), and (4) of sec- in 4 quarterly payments in an amount equal DENCE IN CERTAIN TERRITORIES AND POSSES- tion 221(a) of the Compact (including any to— SIONS.—The right of a person who meets the successor of such a Federal entity) to carry ‘‘(A) 30 percent of the total applicable requirements of any category described in out the responsibilities of the Federal entity amount during the first quarter; subsection (a)(2) to establish habitual resi- under section 221(a) of the Compact such ‘‘(B) 30 percent of the total applicable dence in a territory or possession of the sums as are necessary, to remain available amount during the second quarter; United States may be subject to any non- until expended.’’. ‘‘(C) 20 percent of the total applicable discriminatory limitation under any law (in- FFSET.—Section 3 of the Act of June (2) O amount during the third quarter; and cluding regulations) of— 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter ‘‘(D) 20 percent of the total applicable ‘‘(1) the United States; or 423), is repealed. amount during the fourth quarter.’’. ‘‘(2) the applicable territory or possession (c) PAYMENT SCHEDULE; WITHHOLDING OF (5) INFRASTRUCTURE PROJECTS.—Section 5 of the United States.’’. FUNDS; FUNDING.— of the Agreement is amended to read as fol- (e) CONTINUING PROGRAMS AND LAWS.—Sec- (1) COMPACT FUND.—Section 1 of the Agree- lows: tion 105(f)(1)(B)(ix) of the Compact of Free ment is amended to read as follows: ‘‘SEC. 5. INFRASTRUCTURE PROJECTS. Association Amendments Act of 2003 (48 ‘‘SECTION 1. COMPACT FUND. ‘‘(a) IN GENERAL.—The Government of the U.S.C. 1921d(f)(1)(B)(ix)) is amended by strik- ‘‘The Government of the United States United States shall provide to the Govern- ing ‘‘2009’’ and inserting ‘‘2024’’. shall contribute $30,250,000 to the Fund es- ment of Palau grants in a total amount tablished under section 211(f) of the Compact equal to $40,000,000, as follows: SA 4229. Mr. MCCAIN submitted an in accordance with the following schedule: ‘‘(1) $8,000,000 for each of fiscal years 2017 amendment intended to be proposed by ‘‘(1) $20,000,000 for fiscal year 2017. through 2019. him to the bill S. 2943, to authorize ap- ‘‘(2) $2,000,000 for each of fiscal years 2018 ‘‘(2) $6,000,000 for fiscal year 2020. propriations for fiscal year 2017 for through 2022. ‘‘(3) $5,000,000 for each of fiscal years 2021 military activities of the Department ‘‘(3) $250,000 for fiscal year 2023.’’. and 2022. of Defense, for military construction, (2) INFRASTRUCTURE MAINTENANCE FUND.— ‘‘(b) USE.—The Government of Palau shall use each grant provided under subsection (a) and for defense activities of the De- Subsection (a) of section 2 of the Agreement partment of Energy, to prescribe mili- is amended to read as follows: for 1 or more mutually agreed-upon infrastructure projects, in accordance with appen- tary personnel strengths for such fiscal ‘‘(a) GRANT.— dix C to this agreement.’’. year, and for other purposes; which was ‘‘(1) IN GENERAL.—The Government of the (d) PASSPORT REQUIREMENT.—Section 141 of ordered to lie on the table; as follows: United States shall provide a grant in an the Compact is amended to read as follows: amount equal to $3,500,000 for each of fiscal At the end of subtitle A of title XV, add ‘‘SEC. 141. PASSPORT REQUIREMENT. years 2017 through 2024 to create a trust fund the following: ‘‘(a) ADMISSION.— (referred to in this agreement as the ‘Infra- SEC. 1512. INCREASE IN AUTHORIZATIONS AND ‘‘(1) IN GENERAL.—Any person who meets structure Maintenance Fund’), to be used for AUTHORIZATIONS OF APPROPRIA- the requirements of any category described TIONS TO MEET UNFUNDED PRIOR- the routine and periodic maintenance of in paragraph (2) may be admitted to, and major capital improvement projects financed ITIES OF THE ARMED FORCES. lawfully engage in occupations and establish (a) SUPERSEDING END STRENGTHS FOR AC- using funds provided by the Government of residence as a nonimmigrant in, the United TIVE FORCES.— the United States. States and its territories and possessions, (1) INEFFECTIVENESS OF SPECIFIED END ‘‘(2) CONTRIBUTIONS BY PALAU.—The Gov- without regard to paragraph (5) or STRENGTHS.—Section 401 shall have no force ernment of Palau shall match the contribu- (7)(B)(i)(II) of section 212(a) of the Immigra- or effect. tions made by the Government of the United tion and Nationality Act (8 U.S.C. 1182(a)), (2) SUPERSEDED END STRENGTHS.—The States by making contributions of $150,000 to subject to the condition that the passport Armed Forces are authorized strengths for the Infrastructure Maintenance Fund on a presented to satisfy paragraph (7)(B)(i)(I) of active duty personnel as of September 30, quarterly basis during the period beginning that section is a valid, unexpired, machine- 2017, as follows: on October 1, 2016, and ending on September readable passport that satisfies the inter- (A) The Army, 475,000. 30, 2024. nationally accepted standard for machine (B) The Navy, 325,782. ‘‘(3) REQUIREMENT.—The implementation of readability. (C) The Marine Corps, 185,000. this subsection shall be carried out in ac- ‘‘(2) DESCRIPTION OF CATEGORIES.—The cat- (D) The Air Force, 321,000. cordance with appendix A to this agree- egories referred to in paragraph (1) are the (b) SUPERSEDING END STRENGTHS FOR SE- ment.’’. following: LECTED RESERVE.— (3) FISCAL CONSOLIDATION FUND.—Section 3 ‘‘(A) A person who— (1) INEFFECTIVENESS OF SPECIFIED END of the Agreement is amended to read as fol- ‘‘(i) on September 30, 1994, was a citizen of STRENGTHS.—Section 411(a) shall have no lows: the Trust Territory of the Pacific Islands (as force or effect. ‘‘SEC. 3. FISCAL CONSOLIDATION FUND. defined in title 53 of the Trust Territory (2) SUPERSEDING END STRENGTHS.—The ‘‘(a) IN GENERAL.—The Government of the Code in force on January 1, 1979); and Armed Forces are authorized strengths for United States shall provide to the Govern- ‘‘(ii) has become, and remains, a citizen of Selected Reserve personnel of the reserve ment of Palau $5,000,000 for each of fiscal Palau. components as of September 30, 2017, as fol- years 2017 and 2018 for deposit in an interest- ‘‘(B) A person who acquires the citizenship lows: bearing account to be used to reduce govern- of Palau, at birth, on or after the effective (A) The Army National Guard of the ment arrears of the Government of Palau. date of the Constitution of Palau. United States, 342,000.

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.047 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3223 (B) The Army Reserve, 198,000. (2) Modernized Warning System, consistent 4102, and available for the following procure- (C) The Navy Reserve, 58,300. with the recommendation of the National ment in the amounts specified: (D) The Marine Corps Reserve, 38,900. Commission on the Future of the Army, (1) SSEE Inc F, $43,000,000. (E) The Air National Guard of the United $32,000,000. (2) Submarine Towed Arrays, $22,000,000. States, 106,200. (h) INCREASE IN AUTHORIZATION FOR OCO (m) INCREASE IN AUTHORIZATION FOR OCO (F) The Air Force Reserve, 69,200. FOR AIRCRAFT PROCUREMENT, NAVY.—The FOR AIRCRAFT PROCUREMENT, AIR FORCE.— (G) The Coast Guard Reserve, 7,000. amount authorized to be appropriated for fis- The amount authorized to be appropriated (3) APPLICABILITY OF CERTAIN AUTHORI- cal year 2017 for the Department of Defense for fiscal year 2017 for the Department of De- TIES.—Subsections (b) and (c) of section 411 by section 1503 for procurement for overseas fense by section 1503 for procurement for shall apply in the calculation of end contingency operations is hereby increased overseas contingency operations is hereby strengths under paragraph (2). by $2,489,700,000, with the amount of the in- increased by $1,167,800,000, with the amount (c) SUPERSEDING PAY RAISE.— crease to be allocated to aircraft procure- of the increase to be allocated to aircraft (1) INEFFECTIVENESS OF SPECIFIED PAY ment, Navy, for overseas contingency oper- procurement, Air Force, for overseas contin- RAISE.—Section 601(b) shall have no force or ations, as specified in the funding tables in gency operations, as specified in the funding effect. section 4102, and available for the following tables in section 4102, and available for the (2) SUPERSEDING INCREASE IN BASIC PAY.— procurement in the amounts specified: following procurement in the amounts speci- Effective on January 1, 2017, the rates of (1) 14 F–18 Super Hornet, $1,200,000,000. fied: monthly basic pay for members of the uni- (2) 2 AH–1Z Viper, $57,000,000. (1) 5 Air Force F–35A, $691,000,000. formed services are increased by 2.1 percent. (3) 2 Marine Corps F–35B, $269,600,000. (2) 5 Air Force C–130J, $452,000,000. (d) INEFFECTIVENESS OF REDUCTION IN MIN- (4) 2 Marine Corps F–35C, $270,000,000. (3) F–16 Mission Training Center, IMUM NUMBER OF NAVY CARRIER AIR WINGS.— (5) 2 Marine Corps KC–130J, $158,000,000. $24,800,000. Section 1088 shall have no force or effect, and (6) 2 Marine Corps MV–22, $150,000,000. (n) INCREASE IN AUTHORIZATION FOR OCO the amendments proposed to be made by (7) 2 Navy F–35C, $270,000,000. FOR PROCUREMENT, DEFENSE-WIDE.—The that section shall not be made. (8) CH–35 Degraded Visual Environment amount authorized to be appropriated for fis- (e) INCREASE IN AUTHORIZATION FOR OCO Display, $13,300,000. cal year 2017 for the Department of Defense FOR AIRCRAFT PROCUREMENT, ARMY.—The (9) KC–130J Digital Interoperability, by section 1503 for procurement for overseas amount authorized to be appropriated for fis- $20,800,000. contingency operations is hereby increased cal year 2017 for the Department of Defense (10) RF Kill Chain Enhancements, by $303,000,000, with the amount of the in- by section 1503 for procurement for overseas $81,000,000. crease to be allocated to procurement, De- contingency operations is hereby increased (i) INCREASE IN AUTHORIZATION FOR OCO fense-wide, for overseas contingency oper- by $1,052,000,000, with the amount of the in- FOR WEAPONS PROCUREMENT, NAVY.—The ations, as specified in the funding tables in crease to be allocated to aircraft procure- amount authorized to be appropriated for fis- section 4102, and available for the following ment, Army, for overseas contingency oper- cal year 2017 for the Department of Defense procurement in the amounts specified: ations, as specified in the funding tables in by section 1503 for procurement for overseas (1) Israeli Missile Defense Procurement section 4102, and available for the following contingency operations is hereby increased Arrow 3 Upper Tier, $120,000,000. procurement in the amounts specified: by $36,000,000, with the amount of the in- (2) Israeli Missile Defense Procurement Da- (1) 10 AH–64 Apache Advance Procurement, crease to be allocated to weapons procure- vid’s Sling, $150,000,000. consistent with the recommendation of the ment, Navy, for overseas contingency oper- (3) Israeli Missile Defense Procurement National Commission on the Future of the ations, as specified in the funding tables in Iron Dome, $20,000,000. Army, $71,000,000. section 4102, and available for the following (4) SOUTHCOM Other Electronic Warfare/ (2) 17 LUH–72 Lakota, consistent with the procurement in the amounts specified: Countermeasures, $13,000,000. recommendation of the National Commis- (1) 23 MK 54 Lightweight Torpedo Mod 0, (o) INCREASE IN AUTHORIZATION FOR OCO sion on the Future of the Army, $110,000,000. $16,000,000. FOR RDT&E, NAVY.—The amount authorized (3) 36 UH–60M Black Hawk, consistent with (2) 8 MK 48 Heavy Weight Torpedo, to be appropriated for fiscal year 2017 for the the recommendation of the National Com- $20,000,000. Department of Defense by section 1504 for re- mission on the Future of the Army, (j) INCREASE IN AUTHORIZATION FOR OCO search, development, test, and evaluation for $440,000,000. FOR PROCUREMENT OF AMMO, NAVY & MC.— overseas contingency operations is hereby (4) 5 AH–64 Apache New Builds, consistent The amount authorized to be appropriated increased by $43,400,000, with the amount of with the recommendation of the National for fiscal year 2017 for the Department of De- the increase to be allocated to research, de- Commission on the Future of the Army, fense by section 1503 for procurement for velopment, test, and evaluation, Navy, for $191,000,000. overseas contingency operations is hereby overseas contingency operations, as specified (5) 5 Reman CH–47 Chinook, consistent increased by $58,000,000, with the amount of in the funding tables in section 4202, and with the recommendation of the National the increase to be allocated to procurement available for the following research, develop- Commission on the Future of the Army, of ammo, Navy and Marine Corps, for over- ment, test, and evaluation in the amounts $240,000,000. seas contingency operations, as specified in specified: (f) INCREASE IN AUTHORIZATION FOR OCO the funding tables in section 4102, and avail- (1) APKWS II F/A–18D, $25,900,000. FOR PROCUREMENT OF W&TCV, ARMY.—The amount authorized to be appropriated for fis- able for the procurement of JDAM Compo- (2) LCS Propulsion and machinery control cal year 2017 for the Department of Defense nents in the amount of $58,000,000. test capability, $17,500,000. (k) INCREASE IN AUTHORIZATION FOR OCO (p) INCREASE IN AUTHORIZATION FOR OCO by section 1503 for procurement for overseas FOR SHIPBUILDING AND CONVERSION, NAVY.— FOR RDT&E, DEFENSE-WIDE.—The amount contingency operations is hereby increased by $245,000,000, with the amount of the in- The amount authorized to be appropriated authorized to be appropriated for fiscal year crease to be allocated to procurement of for fiscal year 2017 for the Department of De- 2017 for the Department of Defense by sec- wheeled and tracked combat vehicles, Army, fense by section 1503 for procurement for tion 1504 for research, development, test, and for overseas contingency operations, as spec- overseas contingency operations is hereby evaluation for overseas contingency oper- ified in the funding tables in section 4102, increased by $1,830,000,000, with the amount ations is hereby increased by $29,900,000, with and available for the following procurement of the increase to be allocated to ship- the amount of the increase to be allocated to in the amounts specified: building and conversion, Navy, for overseas research, development, test, and evaluation, (1) Modernization of 14 M1 Abrams for the contingency operations, as specified in the Defense-wide, for overseas contingency oper- European Reassurance Initiative, funding tables in section 4102, and available ations, as specified in the funding tables in $172,200,000. for the following procurement in the section 4202, and available for the following (2) Modernization of 14 M2 Bradley for the amounts specified: research, development, test, and evaluation European Reassurance Initiative, $72,800,000. (1) 3 Ship to Shore Connector, $165,000,000. in the amounts specified: (g) INCREASE IN AUTHORIZATION FOR OCO (2) DDG–51 Incremental Funding, (1) Israeli Missile Defense Development OTHER PROCUREMENT, ARMY.—The amount $383,000,000. Arrow, $6,500,000. authorized to be appropriated for fiscal year (3) LCU Replacement, $22,000,000. (2) Israeli Missile Defense Development 2017 for the Department of Defense by sec- (4) Littoral Combat Ship, $385,000,000. Arrow–3, $4,100,000. tion 1503 for procurement for overseas con- (5) LX(R) Advance Funding, $800,000,000. (3) Israeli Missile Defense Development Da- tingency operations is hereby increased by (6) T–ATS(X) (SCN–21), $75,000,000. vid’s Sling, $19,300,000. $60,000,000, with the amount of the increase (l) INCREASE IN AUTHORIZATION FOR OCO (q) INCREASE IN AUTHORIZATION FOR OCO to be allocated to other procurement, Army, FOR OTHER PROCUREMENT, NAVY.—The FOR O&M, ARMY.—The amount authorized to for overseas contingency operations, as spec- amount authorized to be appropriated for fis- be appropriated for fiscal year 2017 for the ified in the funding tables in section 4102, cal year 2017 for the Department of Defense Department of Defense by section 1505 for op- and available for the following procurement by section 1503 for procurement for overseas eration and maintenance for overseas contin- in the amounts specified: contingency operations is hereby increased gency operations is hereby increased by (1) Assured Positioning Navigation and by $65,000,000, with the amount of the in- $4,369,800,000, with the amount of the in- Timing (PNT), consistent with the rec- crease to be allocated to other procurement, crease to be allocated to operation and main- ommendation of the National Commission Navy, for overseas contingency operations, tenance, Army, for overseas contingency op- on the Future of the Army, $28,000,000. as specified in the funding tables in section erations, as specified in the funding tables in

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.049 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3224 CONGRESSIONAL RECORD — SENATE May 25, 2016 section 4302, and available for the following eration and maintenance for overseas contin- (5) Air Force Readiness Logistics Oper- operation and maintenance in the amounts gency operations is hereby increased by ations, $61,400,000. specified: $1,007,400,000, with the amount of the in- (6) Air Force Readiness Primary Combat (1) 4 ANG AH–64 Training, consistent with crease to be allocated to operation and main- Forces, $32,900,000. the recommendation of the National Com- tenance, Navy, for overseas contingency op- (y) INCREASE IN AUTHORIZATION FOR OCO mission on the Future of the Army, erations, as specified in the funding tables in FOR O&M, AIR FORCE RESERVE.—The amount $62,100,000. section 4302, and available for the following authorized to be appropriated for fiscal year (2) Army Readiness Aviation Assets, operation and maintenance in the amounts 2017 for the Department of Defense by sec- $7,200,000. specified: tion 1505 for operation and maintenance for (3) Army Readiness Echelons Above Bri- (1) Dry Dock Initiative, $80,000,000. overseas contingency operations is hereby gade, $18,300,000. (2) Navy Readiness Mission and Other Ship increased by $11,700,000, with the amount of (4) Army Readiness Facilities, Operations, $158,000,000. the increase to be allocated to operation and Sustainment, Restoration & Modernization, (3) Navy Readiness Ship Depot Mainte- maintenance, Air Force Reserve, for overseas $354,400,000. nance, $238,000,000. contingency operations, as specified in the (5) Army Readiness Flight Training, (4) Navy Readiness Sustainment, Restora- funding tables in section 4302, and available $6,400,000. tion, and Modernization, $160,900,000. for operation and maintenance for Air Force (6) Army Readiness Land Forces Oper- (5) Reactive Yard Patrol Craft, $45,000,000. Reserve Facilities Sustainment, Restoration ations Support, $8,900,000. (6) Navy Readiness Ship Depot Operations & Modernization in the amount of $11,700,000. (7) Army Readiness Maneuver Units, Support, $79,000,000. (z) INCREASE IN AUTHORIZATION FOR OCO $202,800,000. (7) Restore 10th Air Wing, $86,500,000. FOR O&M, AIR NATIONAL GUARD.—The (8) Army Readiness Modular Support Bri- (8) Restore Cruisers, $161,000,000. amount authorized to be appropriated for fis- gades, $2,700,000. (u) INCREASE IN AUTHORIZATION FOR OCO cal year 2017 for the Department of Defense (9) Army Readiness Theater Level Assets, FOR O&M, NAVY RESERVE.—The amount au- by section 1505 for operation and mainte- $10,200,000. thorized to be appropriated for fiscal year nance for overseas contingency operations is (10) ERI Realignment, a decrease of 2017 for the Department of Defense by sec- hereby increased by $14,000,000, with the $245,000,000. tion 1505 for operation and maintenance for amount of the increase to be allocated to op- (11) Force structure in Afghanistan 9,800, overseas contingency operations is hereby eration and maintenance, Air National $3,191,000,000. increased by $25,800,000, with the amount of Guard, for overseas contingency operations, as specified in the funding tables in section (12) Heel-to-toe presence of CAB Europe, the increase to be allocated to operation and maintenance, Navy Reserve, for overseas 4302, and available for operation and mainte- $100,000,000. contingency operations, as specified in the nance for Air Guard Readiness Echelons (13) Maintain Eleventh Combat Aviation funding tables in section 4302, and available Above Brigade 113 in the amount of Brigades, $305,400,000. for the following operation and maintenance $14,000,000. (14) National Guard Readiness, consistent in the amounts specified: (aa) INCREASE IN AUTHORIZATION FOR OCO with the recommendation of the National (1) Navy Reserve Readiness Ship Oper- FOR O&M, DEFENSE-WIDE.—The amount au- Commission on the Future of the Army, ations Support & Training, $20,000,000. thorized to be appropriated for fiscal year $70,000,000. (2) Navy Reserve Sustainment, Restora- 2017 for the Department of Defense by sec- (15) Army Readiness Aviation Assets, tion, and Modernization, $5,800,000. tion 1505 for operation and maintenance for $68,000,000. (v) INCREASE IN AUTHORIZATION FOR OCO overseas contingency operations is hereby (16) Army Readiness Land Forces Oper- FOR O&M, MARINE CORPS.—The amount au- increased by $400,000,000, with the amount of ations Support, $207,400,000. thorized to be appropriated for fiscal year the increase to be allocated to operation and (r) INCREASE IN AUTHORIZATION FOR OCO 2017 for the Department of Defense by sec- maintenance, Defense-wide, for overseas con- FOR O&M, ARMY NATIONAL GUARD.—The tion 1505 for operation and maintenance for tingency operations, as specified in the fund- amount authorized to be appropriated for fis- overseas contingency operations is hereby cal year 2017 for the Department of Defense ing tables in section 4302, and available for increased by $39,300,000, with the amount of the following operation and maintenance in by section 1505 for operation and mainte- the increase to be allocated to operation and nance for overseas contingency operations is the amounts specified: maintenance, Marine Corps, for overseas (1) PGM stockpiling for partners and allies hereby increased by $156,100,000, with the contingency operations, as specified in the amount of the increase to be allocated to opin Europe/Middle East, $200,000,000. funding tables in section 4302, and available (2) Stipends for Kurdish Peshmerga, eration and maintenance, Army National for operation and maintenance for Marine Guard, for overseas contingency operations, $200,000,000. Corps Readiness Sustain, Restoration, & (bb) INCREASE IN AUTHORIZATION FOR OCO as specified in the funding tables in section Modernization in the amount of $39,300,000. 4302, and available for the following oper- FOR MILITARY PERSONNEL.—The amount au- (w) INCREASE IN AUTHORIZATION FOR OCO thorized to be appropriated for fiscal year ation and maintenance in the amounts speci- FOR O&M, MARINE CORPS RESERVE.—The fied: 2017 for the Department of Defense by sec- amount authorized to be appropriated for fis- tion 1506 for military personnel for overseas (1) Army National Guard Readiness Eche- cal year 2017 for the Department of Defense contingency operations is hereby increased lons Above Brigade, $15,000,000. by section 1505 for operation and mainte- by $2,734,800,000, with the amount of the in- (2) Army National Guard Readiness Mod- nance for overseas contingency operations is crease to be allocated to military personnel ular Support Brigades, $15,000,000. hereby increased by $5,500,000, with the for overseas contingency operations, as spec- (3) Army National Guard Readiness The- amount of the increase to be allocated to op- ater Level Assets, $15,000,000. eration and maintenance, Marine Corps Re- ified in the funding tables in section 4402, (4) Army National Guard Readiness Facili- serve, for overseas contingency operations, and available for military personnel for pur- ties, Sustainment, Restoration & Moderniza- as specified in the funding tables in section poses and in the amounts specified as fol- tion, $32,100,000. 4302, and available for operation and mainte- lows: (5) Army National Guard Readiness Avia- nance for Marine Corps Reserve Sustain, (1) Active Army Endstrength to 475,000, tion Assets, $44,000,000. Restoration and Modernization in the $1,539,000,000. (6) Army National Guard Readiness Maneu- amount of $5,500,000. (2) Air Force Reserve endstrength increase ver Units 111, $35,000,000. (x) INCREASE IN AUTHORIZATION FOR OCO 200, $6,000,000. (s) INCREASE IN AUTHORIZATION FOR OCO FOR O&M, AIR FORCE.—The amount author- (3) Air National Guard Endstrength in- FOR O&M, ARMY RESERVE.—The amount au- ized to be appropriated for fiscal year 2017 for crease 500, $17,000,000. thorized to be appropriated for fiscal year the Department of Defense by section 1505 (4) Army National Guard endstrength in- 2017 for the Department of Defense by sec- for operation and maintenance for overseas crease 7,000, $217,000,000. tion 1505 for operation and maintenance for contingency operations is hereby increased (5) Army Reserve endstrength increase overseas contingency operations is hereby by $392,700,000, with the amount of the in- 3,000, $73,000,000. increased by $81,500,000, with the amount of crease to be allocated to operation and main- (6) Increase Active Marine Endstrength to the increase to be allocated to operation and tenance, Air Force, for overseas contingency 185,000, $300,000,000. maintenance, Army Reserve, for overseas operations, as specified in the funding tables (7) Increase Military Pay Raise to 2.1%, contingency operations, as specified in the in section 4302, and available for the fol- $300,000,000. funding tables in section 4302, and available lowing operation and maintenance in the (8) Navy Reserve endstrength increase 300, for the following operation and maintenance amounts specified: $10,000,000. in the amounts specified: (1) Air Force Readiness Airlift Operations, (9) Restore 10th Air Wing Endstrength in- (1) Army Reserve Readiness Echelons $16,700,000. crease 1,167, $46,500,000. Above Brigade, $60,000,000. (2) Air Force Readiness Facilities (10) Restore 10th Air Wing Endstrength (2) Army Reserve Facilities, Sustainment, Sustainment, Restoration & Modernization, Medicare Eligible Retirement Health Fund, Restoration and Modernization, $21,500,000. $157,700,000. $2,300,000. (t) INCREASE IN AUTHORIZATION FOR OCO (3) Contract Maintenance Shortfall A–10, (11) Restore Cruisers increase 1,715, FOR O&M, NAVY.—The amount authorized to $74,000,000. $67,000,000. be appropriated for fiscal year 2017 for the (4) Air Force Readiness Combatant Com- (12) USAF Endstrength to 321,000, Department of Defense by section 1505 for op- mand Direct Mission Support, $50,000,000. $145,000,000.

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.049 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3225 (13) USMC Reserve endstrength increase (3) $35,000,000 for Dormitories, Eglin Air propriations for fiscal year 2017 for 400, $12,000,000. Force Base, Florida. military activities of the Department (cc) INCREASE IN AUTHORIZATION FOR AF- (4) $41,000,000 for a Consolidated Commu- of Defense, for military construction, GHANISTAN SECURITY FORCES FUND.—The nications Facility, Scott Air Force Base, Il- and for defense activities of the De- amount authorized to be appropriated for fis- linois. cal year 2017 for the Department of Defense (5) $15,500,000 for Judge Advocate General’s partment of Energy, to prescribe mili- by this title for overseas contingency oper- School Expansion, Maxwell Air Force Base, tary personnel strengths for such fiscal ations is hereby increased by $800,000,000, Alabama. year, and for other purposes; which was with the amount of the increase to be allo- (ii) INCREASE IN AUTHORIZATION FOR OCO ordered to lie on the table; as follows: cated to the Afghanistan Security Forces FOR AIR NATIONAL GUARD MILITARY CON- Fund as specified in the funding tables in di- At the end of subtitle H of title XII, add STRUCTION.—The amount authorized to be the following: vision D, and available for purposes of the appropriated under section 2903 and available Afghanistan Security Forces Fund in the for the National Guard and Reserve as speci- SEC. 1277. DEFENSE AND SECURITY COOPERA- TION WITH INDIA. amount of $800,000,000. fied in the funding table in section 4602 is in- (dd) INCREASE IN AUTHORIZATION FOR creased by $11,000,000, with the amount of (a) AUTHORIZATION OF DEFENSE TRANS- COUNTER ISLAMIC STATE IN IRAQ AND THE LE- such increase to be allocated as follows: ACTIONS.—The Secretary of Defense, in co- VANT FUND.—The amount authorized to be (1) $6,000,000 for an Indoor Small Arms ordination with the Secretary of State and appropriated for fiscal year 2017 for the De- Range, Toledo Airport, Ohio. the Secretary of Commerce, shall ensure partment of Defense by this title for over- (2) $5,000,000 for a Munitions Load Crew that the authorization of any proposed sale seas contingency operations is hereby in- or export of defense articles, defense serv- creased by $100,000,000, with the amount of Training/Corrosion Control Facility, An- drews Air Force Base, Maryland. ices, or technical data to India is treated in the increase to be allocated to the Counter a manner similar to that of the United Islamic State in Iraq and the Levant Fund as SA 4230. Mr. ROUNDS (for Mr. States’ closest partners and allies, which in- specified in the funding tables in division D, clude NATO members, Australia, Japan, the SCHATZ) proposed an amendment to the and available for the Counter Islamic State Republic of Korea, Israel, and New Zealand. in Iraq and the Levant Fund for Iraq Train resolution S. Res. 416, recognizing the (b) DEFENSE TRADE FACILITATION.— and Equip Fund (Mosul) in the amount of contributions of Hawaii to the culinary (1) IN GENERAL.—The President shall en- $100,000,000. heritage of the United States and des- deavor to further align laws, regulations, (ee) INCREASE IN AUTHORIZATION FOR ignating the week beginning on June UKRAINE SECURITY ASSISTANCE INITIATIVE.— and systems within India and the United The amount authorized to be appropriated 12, 2016, as ‘‘National Hawaiian Food States for the facilitation of defense trade for fiscal year 2017 for the Department of De- Week’’; as follows: and the protection of mutual security inter- fense by this title for overseas contingency Strike the preamble and insert the fol- ests. operations is hereby increased by $150,000,000, lowing: (2) FACILITATION PLAN.—The President with the amount of the increase to be allo- Whereas when individuals first came to the shall develop a plan for such facilitation and cated to the Ukraine Security Assistance Hawaiian islands more than 1,500 years ago, coordination efforts that identifies key pri- Initiative as specified in the funding tables there was little to eat other than birds and orities, any impediments, and the timeline in division D, and available for purposes of a few species of ferns, but the individuals for such efforts. the Ukraine Security Assistance Initiative found rich volcanic soil, a year-round grow- (3) REPORT.—Not later than 90 days after in the amount of $150,000,000. ing season, and abundant fisheries; the date of the enactment of this Act, the (ff) INCREASE IN AUTHORIZATION FOR OCO Whereas the history of Hawaii is inex- President shall submit to Congress a report FOR ARMY MILITARY CONSTRUCTION.— tricably linked with— detailing this coordination plan. (1) MILITARY CONSTRUCTION PROJECTS INSIDE (1) foods brought to the Hawaiian islands THE UNITED STATES.—The amount authorized by the first individuals who came to Hawaii SA 4232. Mr. HELLER submitted an to be appropriated under section 2903 and and successive waves of voyagers to the Ha- amendment intended to be proposed by available for Army military construction waiian islands; him to the bill S. 2943, to authorize ap- projects as specified in the funding table in (2) the agricultural and ranching potential section 4602 is increased by $29,900,000, with propriations for fiscal year 2017 for of the land of Hawaii; and military activities of the Department the amount of such increase to be allocated (3) the readily available seafood from the as follows: ocean and coasts of Hawaii; of Defense, for military construction, (A) $23,000,000 for a Vehicle Maintenance Whereas the food cultures initially brought and for defense activities of the De- Shop, Fort Belvoir, Virginia. to Hawaii came from places including partment of Energy, to prescribe mili- (B) $6,900,000 for a Fire Station, Fort Leon- French Polynesia, China, Japan, Portugal, tary personnel strengths for such fiscal ard Wood, Missouri. North Korea, South Korea, the Philippines, year, and for other purposes; which was (2) FAMILY HOUSING.—The amount author- Puerto Rico, and Samoa; ordered to lie on the table; as follows: ized to be appropriated under section 2903 Whereas the foods first brought to Hawaii At the end of subtitle E of title III, add the and available for Army military family were simple, hearty fare of working men and following: housing functions as specified in the funding women that reminded the men and women of table in section 4602 is increased by their distant homes; SEC. 341. ACCESS TO WIRELESS HIGH-SPEED $14,400,000, with the amount of such increase Whereas individuals in Hawaii, in the spir- INTERNET AND NETWORK CONNEC- to be allocated to Family Housing Replace- it of Aloha, shared favorite dishes with each TIONS FOR CERTAIN MEMBERS OF ment, Natick, Massachusetts. THE ARMED FORCES DEPLOYED other, and as a result, the individuals began OVERSEAS. (gg) INCREASE IN AUTHORIZATION FOR OCO to appreciate new tastes and learned how to Consistent with section 2492a of title 10, FOR NAVY MILITARY CONSTRUCTION.—The bring new ideas into their cooking; amount authorized to be appropriated under United States Code, the Secretary of Defense Whereas the blend of styles in Hawaiian section 2903 and available for Navy military is encouraged to enter into contracts with cooking evolves as new groups of individuals construction projects as specified in the third-party vendors in order to provide mem- make Hawaii their home; funding table in section 4602 is increased by bers of the Armed Forces who are deployed Whereas the fusion of dishes from around $143,000,000, with the amount of such increase overseas at any United States military facil- the world creates a unique cuisine for Hawaii to be allocated as follows: ity, at which wireless high-speed Internet that is as much a part of a visit to Hawaii as (1) $108,300,000 to cover funding shortfalls, and network connections are otherwise the welcoming climate, friendly individuals, various locations. available, with access to such Internet and and beautiful beaches in Hawaii; (2) $34,700,000 for a Communications Com- network connections without charge. Whereas the food of Hawaii is appealing be- plex and Infrastructure Upgrades, Miramar, cause it came from hard-working commu- California. nities of individuals that farmed, fished, or SA 4233. Mr. HELLER submitted an (hh) INCREASE IN AUTHORIZATION FOR OCO amendment intended to be proposed by FOR AIR FORCE MILITARY CONSTRUCTION.— ranched for their livelihoods, which are core The amount authorized to be appropriated experiences of individuals throughout the him to the bill S. 2943, to authorize ap- under section 2903 and available for military United States; and propriations for fiscal year 2017 for construction projects inside the United Whereas the growing appreciation for the military activities of the Department States as specified in the funding table in food of Hawaii comes from hard-working and of Defense, for military construction, section 4602 is increased by $119,465,000, with ingenious farmers, fishers, educators, ranch- and for defense activities of the De- the amount of such increase to be allocated ers, chefs, and businesses that innovate and export the taste of Hawaii all over the world: partment of Energy, to prescribe mili- as follows: tary personnel strengths for such fiscal (1) $17,000,000 for a Fire and Rescue Sta- Now, therefore, be it tion, Joint Base Charleston, South Carolina. year, and for other purposes; which was (2) $10,965,000 for the Vandenberg Gate SA 4231. Mr. KIRK submitted an ordered to lie on the table; as follows: Complex, Hanscom Air Force Base, Massa- amendment intended to be proposed by At the end of subtitle E of title V, add the chusetts. him to the bill S. 2943, to authorize ap- following:

VerDate Sep 11 2014 03:46 May 26, 2016 Jkt 059060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.049 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3226 CONGRESSIONAL RECORD — SENATE May 25, 2016 SEC. 565. REPORT AND GUIDANCE ON JOB TRAIN- Armed Services of the Senate and the House year, and for other purposes; which was ING, EMPLOYMENT SKILLS TRAIN- of Representatives a report setting forth a ordered to lie on the table; as follows: ING, APPRENTICESHIPS, AND IN- description and assessment of the progress of At the end of subtitle H of title X, add the TERNSHIPS AND SKILLBRIDGE INI- the Department of Defense in establishing TIATIVES FOR MEMBERS OF THE following: ARMED FORCES WHO ARE BEING and implementing a process by which members of the Armed Forces may carry appro- SEC. 1085. REPORT ON PRIORITIES FOR BED SEPARATED. DOWNS, BASING CRITERIA, AND SPE- (a) REPORT REQUIRED.—Not later than 90 priate firearms on military installations as CIAL MISSION UNITS FOR C–130J days after the date of the enactment of this required by section 526 of the National De- AIRCRAFT OF THE AIR FORCE. Act, the Under Secretary of Defense for Per- fense Authorization Act for Fiscal Year 2016 (a) SENSE OF SENATE.—It is the sense of the sonnel and Readiness shall submit to the (Public Law 114–92; 129 Stat. 813; 10 U.S.C. Senate that— Committees on Armed Services of the Senate 2672 note). (1) the Air Force Reserve Command con- and the House of Representatives, and make (b) ELEMENTS.—The report required by sub- tributes unique capabilities to the total available to the public, a report evaluating section (a) shall include the following: force, including all the weather reconnais- the success of the Job Training, Employment (1) A description of the process established sance and aerial spray capabilities, and 25 Skills Training, Apprenticeships, and Intern- pursuant to section 526 of the National De- percent of the Modular Airborne Firefighting ships (known as JTEST–AI) and SkillBridge fense Authorization Act for Fiscal Year 2016. System capabilities, of the Air Force; and initiatives, under which civilian businesses (2) A description and assessment of the im- (2) special mission units of the Air Force and companies make available to members plementation of that process at military in- Reserve Command currently operate aging of the Armed Forces who are being separated stallations, including a list of the military aircraft, which jeopardizes future mission from the Armed Forces training or intern- installations at which that process has been readiness and operational capabilities. ship opportunities that offer a high prob- implemented. (b) REPORT ON PRIORITIES FOR C–130J BED ability of employment for the members after DOWNS, BASING CRITERIA, AND SPECIAL MIS- their separation. SA 4235. Mr. HELLER (for himself SION UNITS.—Not later than February 1, 2017, (b) ELEMENTS.—In preparing the report re- and Mr. TESTER) submitted an amend- the Secretary of the Air Force shall submit quired by subsection (a), the Under Sec- ment intended to be proposed by him to the congressional defense committees a retary shall use the effectiveness metrics de- to the bill S. 2943, to authorize appro- report on the following: scribed in Enclosure 5 of Department of De- priations for fiscal year 2017 for mili- (1) The overall prioritization scheme of the fense Instruction No. 1322.29. The report shall tary activities of the Department of Air Force for future C–130J aircraft unit bed downs. include the following: Defense, for military construction, and (1) An assessment of the successes of the (2) The strategic basing criteria of the Air Job Training, Employment Skills Training, for defense activities of the Depart- Force for C–130J aircraft unit conversions. Apprenticeships, and Internships and ment of Energy, to prescribe military (3) The unit conversion priorities for spe- SkillBridge initiatives. personnel strengths for such fiscal cial mission units of the Air Force Reserve (2) Recommendations by the Under Sec- year, and for other purposes; which was Command, the Air National Guard, and the retary on ways in which the administration ordered to lie on the table; as follows: regular Air Force, and the manner which of the initiatives could be improved. At the end of subtitle C of title VI, add the considerations such as age of airframes fac- (3) Recommendations by civilian compa- following: tor into such priorities. nies participating in the initiatives on ways (4) Such other information relating to C– SEC. 623. TRANSPORTATION ON MILITARY AIR- 130J aircraft unit conversions and bed downs in which the administration of the initia- CRAFT ON A SPACE-AVAILABLE tives could be improved. BASIS FOR MEMBERS AND FORMER as the Secretary considers appropriate. (4) Testimony from a sample of members of MEMBERS OF THE ARMED FORCES f the Armed Forces who are participating in WITH DISABILITIES RATED AS each of the initiatives regarding the effec- TOTAL. AUTHORITY FOR COMMITTEES TO tiveness of such initiatives and the members’ (a) AVAILABILITY OF TRANSPORTATION.— MEET support for such initiatives. Section 2641b of title 10, United States Code, COMMITTEE ON BANKING, HOUSING, AND URBAN (5) Testimony from a sample of recently is amended— AFFAIRS separated members of the Armed Forces who (1) by redesignating subsection (f) as sub- participated in each of the initiatives re- section (g); and Mr. SULLIVAN. Mr. President, I ask garding the effectiveness of such initiatives (2) by inserting after subsection (e) the fol- unanimous consent that the Com- and the members’ support for such initia- lowing new subsection (f): mittee on Banking, Housing, and tives. ‘‘(f) SPECIAL PRIORITY FOR CERTAIN DIS- Urban Affairs be authorized to meet (c) ISSUANCE OF GUIDANCE.—Not later than ABLED VETERANS.—(1) The Secretary of De- during the session of the Senate on 180 days after the submittal of the report re- fense shall provide transportation on sched- May 25, 2016, at 2:30 p.m., to conduct a quired by subsection (a), the Under Sec- uled and unscheduled military flights within hearing entitled ‘‘Understanding the retary shall issue guidance to commanders of the continental United States and on sched- Role of Sanctions Under the Iran Deal: units of the Armed Forces for the purpose of uled overseas flights operated by the Air Mo- encouraging commanders, consistent with bility Command on a space-available basis Administration Perspectives.’’ unit readiness, to permit members of the for any member or former member of the The PRESIDING OFFICER. Without Armed Forces under their command who are armed forces with a disability rated as total objection, it is so ordered. being separated from the Armed Forces to on the same basis as such transportation is COMMITTEE ON COMMERCE, SCIENCE, AND participate in the Job Training, Employment provided to members of the armed forces en- TRANSPORTATION Skills Training, Apprenticeships, and Intern- titled to retired or retainer pay. Mr. SULLIVAN. Mr. President, I ask ships or SkillBridge initiative. ‘‘(2) The transportation priority required unanimous consent that the Com- by paragraph (1) for veterans described in mittee on Commerce, Science, and Mr. HELLER submitted an such paragraph applies whether or not the SA 4234. Transportation be authorized to meet amendment intended to be proposed by Secretary establishes the travel program au- during the session of the Senate on him to the bill S. 2943, to authorize ap- thorized by this section. May 25, 2016, at 2 p.m., in room SR–253 propriations for fiscal year 2017 for ‘‘(3) In this subsection, the term ‘disability rated as total’ has the meanings given that of the Russell Senate Office Building to military activities of the Department term in section 1414(e)(3) of this title.’’. conduct a Subcommittee hearing enti- of Defense, for military construction, (b) EFFECTIVE DATE.—Subsection (f) of sec- tled ‘‘Improvements in Hurricane Fore- and for defense activities of the De- tion 2641b of title 10, United States Code, as casting and the Path Forward.’’ partment of Energy, to prescribe mili- added by subsection (a), shall take effect at The PRESIDING OFFICER. Without the end of the 90-day period beginning on the tary personnel strengths for such fiscal objection, it is so ordered. year, and for other purposes; which was date of the enactment of this Act. COMMITTEE ON FOREIGN RELATIONS ordered to lie on the table; as follows: SA 4236. Mr. PORTMAN (for himself Mr. SULLIVAN. Mr. President, I ask At the end of subtitle C of title V, add the and Mr. BROWN) submitted an amend- unanimous consent that the Com- following: ment intended to be proposed by him mittee on Foreign Relations be author- SEC. 538. REPORT ON PROGRESS OF THE DE- PARTMENT OF DEFENSE IN ESTAB- to the bill S. 2943, to authorize appro- ized to meet during the session of the LISHING AND IMPLEMENTING PROC- priations for fiscal year 2017 for mili- Senate on May 25, 2016, at 4:30 p.m., to ESS BY WHICH MEMBERS OF THE tary activities of the Department of conduct a closed briefing entitled ARMED FORCES MAY CARRY APPRO- Defense, for military construction, and PRIATE FIREARMS ON MILITARY IN- ‘‘Trafficking in Persons: Preparing The STALLATIONS. for defense activities of the Depart- 2016 Annual Report.’’ (a) REPORT REQUIRED.—The Secretary of ment of Energy, to prescribe military The PRESIDING OFFICER. Without Defense shall submit to the Committees on personnel strengths for such fiscal objection, it is so ordered.

VerDate Sep 11 2014 06:38 May 26, 2016 Jkt 059060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.050 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3227 COMMITTEE ON HOMELAND SECURITY AND The nomination was confirmed. memorative event has provided us the GOVERNMENTAL AFFAIRS Mr. ROUNDS. Mr. President, I ask opportunity to celebrate the progress Mr. SULLIVAN. Mr. President, I ask unanimous consent that the motion to we have made in addressing minority unanimous consent that the Com- reconsider be considered made and laid health disparities and related issues in mittee on Homeland Security and Gov- upon the table, the President be imme- our Nation, and to renew our commit- ernmental Affairs be authorized to diately notified of the Senate’s action, ment to continue this critically impor- meet during the session of the Senate and the Senate then resume legislative tant effort. on May 25, 2016, at 10 a.m. session. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The theme of this year’s National Mi- objection, it is so ordered. objection, it is so ordered. nority Health Month observance, ‘‘Ac- SUBCOMMITTEE ON EAST ASIA, THE PACIFIC, AND f celerating Health Equity for the Na- INTERNATIONAL CYBERSECURITY POLICY LEGISLATIVE SESSION tion,’’ reflects both a sense of urgency Mr. SULLIVAN. Mr. President, I ask and determination in moving the coun- unanimous consent that the Com- The PRESIDING OFFICER. The Sen- ate will now resume legislative session. try forward toward health equity. Mi- mittee on Foreign Relations Sub- norities now make up more than 35 per- committee on East Asia, the Pacific, f cent of the American population and and International Cybersecurity Policy CYSTIC FIBROSIS AWARENESS that number is expected to rise in the be authorized to meet during the ses- MONTH future. Studies have shown, however, sion of the Senate on May 25, 2016, at 10 Mr. ROUNDS. Mr. President, I ask a.m., to conduct a hearing entitled that disparities persist for minority unanimous consent that the Senate populations and are evident in higher ‘‘International Cybersecurity Strategy: proceed to the immediate consider- Deterring Foreign Treats and Building rates of diabetes, heart disease, hepa- ation of S. Res. 476, submitted earlier titis B, HIV/AIDS and infant mortality, Global Cyber Norms.’’ today. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The among other conditions. For instance, objection, it is so ordered. clerk will report the resolution by over 29 million Americans suffer from f title. diabetes. But African Americans are PRIVILEGES OF THE FLOOR The senior assistant legislative clerk twice as likely to be diagnosed with, Mr. MCCAIN. Mr. President, I ask read as follows: and to die from, diabetes compared to unanimous consent that LCDR Amy M. A resolution (S. Res. 476) designating the non-Hispanic Whites. In addition, near- Gabriel, a Navy fellow in my office, be month of May 2016 as ‘‘Cystic Fibrosis ly one-half of all African Americans granted floor privileges for the dura- Awareness Month.’’ and Latinos experience the highest tion of the Senate debate on the Na- There being no objection, the Senate rates of adult obesity. tional Defense Authorization Act for proceeded to consider the resolution. This year marks the 30th anniversary Mr. ROUNDS. I further ask unani- the Fiscal Year 2017. of the Department of Health & Human mous consent that the resolution be The PRESIDING OFFICER. Without Services Office of Minority Health, objection, it is so ordered. agreed to, the preamble be agreed to, Mr. MERKLEY. Mr. President, I ask and the motions to reconsider be con- which leads the Nation in raising unanimous consent that my intern, Si- sidered made and laid upon the table awareness about minority health dis- erra Brummett, be granted privileges with no intervening action or debate. parities, their causes, and the impact of the floor for the balance of the day. The PRESIDING OFFICER. Without they have on minority communities The PRESIDING OFFICER. Without objection, it is so ordered. and the Nation as a whole. To com- objection, it is so ordered. The resolution (S. Res. 476) was memorate this occasion, a renewed ef- Mr. WYDEN. Mr. President, I ask agreed to. fort is underway with public and pri- unanimous consent that Lucy Ohlsen, The preamble was agreed to. vate stakeholders to accelerate achiev- a legislative fellow in my office, be (The resolution, with its preamble, is ing health equity for all Americans given floor privileges for the remainder printed in today’s RECORD under ‘‘Sub- through the development of research, mitted Resolutions.’’) of this Congress. community programs, and legislation. The PRESIDING OFFICER. Without f We owe it to our constituents to ad- objection, it is so ordered. PROMOTING MINORITY HEALTH vance this national movement. For f AWARENESS AND SUPPORTING these reasons, I am proud my col- EXECUTIVE SESSION THE GOALS AND IDEALS OF NA- leagues, Senators HIRONO, TIONAL MINORITY HEALTH BLUMENTHAL, BROWN, MENENDEZ, and MONTH IN APRIL 2016 EXECUTIVE CALENDAR SCHATZ have joined me in introducing a Mr. ROUNDS. Mr. President, I ask Mr. ROUNDS. Mr. President, I ask resolution recognizing April as Na- unanimous consent that the Senate unanimous consent that the Senate tional Minority Health Month. proceed to the immediate consider- proceed to executive session to con- ation of S. Res. 477, submitted earlier In our country, we are incredibly for- sider the following nomination: Cal- today. tunate to have the National Institutes endar No. 552 only, with no other exec- The PRESIDING OFFICER. The of Health (NIH), which works tirelessly utive business in order. clerk will report the resolution by to improve the health of all Americans. The PRESIDING OFFICER. Is there title. Within the NIH, the National Institute objection? The senior assistant legislative clerk for Minority Health & Health Dispari- Without objection, it is so ordered. read as follows: The clerk will report the nomination. ties (NIMHD) has the specific mission The senior assistant legislative clerk A resolution (S. Res. 477) promoting minor- of addressing minority health issues read the nomination of Patrick A. ity health awareness and supporting the and eliminating health disparities. I goals and ideals of National Minority Health am proud of my role in the establish- Burke, of the District of Columbia, to Month in April 2016, which include bringing be United States Marshal for the Dis- attention to the health disparities faced by ment of the NIMHD, which supports trict of Columbia for the term of four minority populations of the United States groundbreaking research at univer- years. such as American Indians, Alaskan Natives, sities and medical institutions across Thereupon, the Senate proceeded to Asian Americans, African Americans, Latino our country. This critically important consider the nomination. Americans, and Native Hawaiians or other work ranges from enhancing our under- Pacific Islanders. Mr. ROUNDS. Mr. President, I know standing of the basic biological proc- of no further debate on the nomina- There being no objection, the Senate esses associated with health disparities proceeded to consider the resolution. tion. to applied, clinical, and translational The PRESIDING OFFICER. Is there Mr. CARDIN. Mr. President, I rise research and interventions that seek to any further debate? today to ask my Senate colleagues to Hearing none, the question is, Will join me in recognizing—belatedly— address those disparities. the Senate advise and consent to the April as National Minority Health Today, because of the steadfast work Burke nomination? Month. For over 30 years, this com- of committed leaders and individuals

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Thanks Strike the preamble and insert the fol- bring new ideas into their cooking; to innovative reforms such as the Af- lowing: Whereas the blend of styles in Hawaiian fordable Care Act (ACA), we have made Whereas when individuals first came to the cooking evolves as new groups of individuals Hawaiian islands more than 1,500 years ago, make Hawaii their home; health coverage more accessible and af- Whereas the fusion of dishes from around fordable than it has been in decades. there was little to eat other than birds and a few species of ferns, but the individuals the world creates a unique cuisine for Hawaii By reducing the number of uninsured found rich volcanic soil, a year-round grow- that is as much a part of a visit to Hawaii as Americans across the country, the ACA ing season, and abundant fisheries; the welcoming climate, friendly individuals, is helping to address health inequal- Whereas the history of Hawaii is inex- and beautiful beaches in Hawaii; ities. In Maryland, due to increased tricably linked with— Whereas the food of Hawaii is appealing be- funding as a result of the ACA, over (1) foods brought to the Hawaiian islands cause it came from hard-working commu- 300,000 Marylanders—a majority of by the first individuals who came to Hawaii nities of individuals that farmed, fished, or ranched for their livelihoods, which are core which come from minority commu- and successive waves of voyagers to the Ha- waiian islands; experiences of individuals throughout the nities—now have access to community (2) the agricultural and ranching potential United States; and health clinics and life-saving health of the land of Hawaii; and Whereas the growing appreciation for the care. (3) the readily available seafood from the food of Hawaii comes from hard-working and Every community across this great ocean and coasts of Hawaii; ingenious farmers, fishers, educators, ranch- Nation deserves optimal health. One’s Whereas the food cultures initially brought ers, chefs, and businesses that innovate and ethnic or racial background should to Hawaii came from places including export the taste of Hawaii all over the world: never determine the length or quality French Polynesia, China, Japan, Portugal, Now, therefore, be it Resolved, That the Senate— of life. As we belatedly recognize April North Korea, South Korea, the Philippines, Puerto Rico, and Samoa; (1) designates the week beginning on June as National Minority Health Month, let Whereas the foods first brought to Hawaii 12, 2016, as ‘‘National Hawaiian Food Week’’; us renew our commitment to ensuring were simple, hearty fare of working men and and all Americans’ access to affordable, women that reminded the men and women of (2) recognizes the contributions of Hawaii high-quality health care and renew our their distant homes; to the culinary heritage of the United pledge to do everything possible to Whereas individuals in Hawaii, in the spir- States. eliminate health disparities and ulti- it of Aloha, shared favorite dishes with each f mately achieve health equity for all. other, and as a result, the individuals began NATIONAL CANCER RESEARCH Mr. ROUNDS. I ask unanimous con- to appreciate new tastes and learned how to bring new ideas into their cooking; MONTH sent that the resolution be agreed to, Whereas the blend of styles in Hawaiian Mr. ROUNDS. Mr. President, I ask the preamble be agreed to, and the mo- cooking evolves as new groups of individuals tions to reconsider be considered made make Hawaii their home; unanimous consent that the Judiciary and laid upon the table with no inter- Whereas the fusion of dishes from around Committee be discharged from further vening action or debate. the world creates a unique cuisine for Hawaii consideration of S. Res. 459 and the The PRESIDING OFFICER. Without that is as much a part of a visit to Hawaii as Senate proceed to its immediate con- objection, it is so ordered. the welcoming climate, friendly individuals, sideration. The resolution (S. Res. 477) was and beautiful beaches in Hawaii; The PRESIDING OFFICER. Without agreed to. Whereas the food of Hawaii is appealing be- objection, it is so ordered. cause it came from hard-working commu- The clerk will report the resolution The preamble was agreed to. nities of individuals that farmed, fished, or (The resolution, with its preamble, is ranched for their livelihoods, which are core by title. printed in today’s RECORD under ‘‘Sub- experiences of individuals throughout the The senior assistant legislative clerk mitted Resolutions.’’) United States; and read as follows: f Whereas the growing appreciation for the A resolution (S. Res. 459) recognizing the food of Hawaii comes from hard-working and importance of cancer research and the vital NATIONAL HAWAIIAN FOOD WEEK ingenious farmers, fishers, educators, ranch- contributions of scientists, clinicians, cancer Mr. ROUNDS. Mr. President, I ask ers, chefs, and businesses that innovate and survivors, and other patient advocates across unanimous consent that the Judiciary export the taste of Hawaii all over the world: the United States who are dedicated to find- Now, therefore, be it Committee be discharged from further ing a cure for cancer, and designating May 2016, as ‘‘National Cancer Research Month.’’ consideration of S. Res. 416 and the The preamble, as amended, was Senate proceed to its immediate con- agreed to. There being no objection, the Senate sideration. The resolution, with its preamble, as proceeded to consider the resolution. The PRESIDING OFFICER. Without amended, reads as follows: Mr. ROUNDS. I further ask unani- objection, it is so ordered. S. RES. 416 mous consent that the resolution be The clerk will report the resolution Whereas when individuals first came to the agreed to, the preamble be agreed to, by title. Hawaiian islands more than 1,500 years ago, and the motions to reconsider be con- The senior assistant legislative clerk there was little to eat other than birds and sidered made and laid upon the table read as follows: a few species of ferns, but the individuals with no intervening action or debate. found rich volcanic soil, a year-round grow- A resolution (S. Res. 416) recognizing the The PRESIDING OFFICER. Without ing season, and abundant fisheries; objection, it is so ordered. contributions of Hawaii to the culinary her- Whereas the history of Hawaii is inex- itage of the United States and designating tricably linked with— The resolution (S. Res. 459) was the week beginning on June 12, 2016, as ‘‘Na- (1) foods brought to the Hawaiian islands agreed to. tional Hawaiian Food Week.’’ by the first individuals who came to Hawaii The preamble was agreed to. There being no objection, the Senate and successive waves of voyagers to the Ha- (The resolution, with its preamble, is proceeded to consider the resolution. waiian islands; printed in the RECORD of May 9, 2016, Mr. ROUNDS. I ask unanimous con- (2) the agricultural and ranching potential under ‘‘Submitted Resolutions.’’) sent that the resolution be agreed to, of the land of Hawaii; and (3) the readily available seafood from the f the amendment to the preamble be ocean and coasts of Hawaii; agreed to, the preamble, as amended, ORDERS FOR THURSDAY, MAY 26, Whereas the food cultures initially brought 2016 be agreed to, and the motions to recon- to Hawaii came from places including sider be considered made and laid upon French Polynesia, China, Japan, Portugal, Mr. ROUNDS. Mr. President, I ask the table with no intervening action or North Korea, South Korea, the Philippines, unanimous consent that when the Sen- debate. Puerto Rico, and Samoa; ate completes its business today, it ad- The PRESIDING OFFICER. Without Whereas the foods first brought to Hawaii journ until 9:30 a.m., Thursday, May 26; objection, it is so ordered. were simple, hearty fare of working men and that following the prayer and pledge, women that reminded the men and women of The resolution (S. Res. 416) was their distant homes; the morning hour be deemed expired, agreed to. Whereas individuals in Hawaii, in the spir- the Journal of proceedings be approved The amendment (No. 4230) was agreed it of Aloha, shared favorite dishes with each to date, and the time for the two lead- to, as follows: other, and as a result, the individuals began ers be reserved for their use later in

VerDate Sep 11 2014 06:38 May 26, 2016 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A25MY6.053 S25MYPT1 SSpencer on DSK4SPTVN1PROD with SENATE May 25, 2016 CONGRESSIONAL RECORD — SENATE S3229 the day; further, that following leader have completely blown out of that pansion. As a result, sea levels around remarks, the Senate resume consider- range. the world are measurably rising be- ation of the motion to proceed to S. At the bottom of this chart is 300. cause oceans are warming and expand- 2943, postcloture; finally, that all time What is also apparent in this chart is ing, as well as because of ice sheets and during adjournment, recess, and morn- the breathing, if you will, of the plan- glaciers melting. ing business count postcloture on the et. The sawtooth effect of this line Sea level rise is a serious matter for motion to proceed. comes from carbon dioxide levels my constituents and for all coastal The PRESIDING OFFICER. Without changing as spring triggers the collec- communities. We measure approxi- objection, it is so ordered. tive inhale of trees and other plant life mately 10 inches of sea level rise at f in the Northern Hemisphere. Naval Station Newport, RI, since the This is another version of the same 1930s. Higher sea levels erode our shore- ORDER FOR ADJOURNMENT data. The line at the border between line. They push saltwater up into our Mr. ROUNDS. Mr. President, if there the white and the lavender is the car- marshes. Worst of all, from our human is no further business to come before bon data for the year 2011—between 388 perspective, the big storms that get the Senate, I ask unanimous consent and 393 parts per million, going up and launched in this weather come riding that it stand adjourned under the pre- then going back down and then going ashore on higher seas, and they inflict vious order, following the remarks of up as the Earth inhales and exhales the more damage and worse flooding in our Senator WHITEHOUSE. carbon dioxide. In 2012, this was the homes. The PRESIDING OFFICER. Without line, up above 2011. In 2013, this was the A couple of years ago, I visited South objection, it is so ordered. line. In 2014, this was the line. In 2015— Florida with our friend Senator NEL- The Senator from Rhode Island. it is hard to see, but it is right here SON. In parts of Miami and Fort Lau- f where my finger is tracing and then on- derdale, sea water continues to flood ward from here. And this is 2016 to CLIMATE CHANGE streets and homes at high tide on per- date, and then the data stops. It is fectly calm and sunny days. It is not Mr. WHITEHOUSE. Mr. President, I going to continue. That shelf is just rain. These flooding events are occur- am back with my increasingly scuffed the data ending because of the time of ring because sea level is rising. and battered ‘‘Time to Wake Up’’ sign year we are in. So every single year we A study published in February by Cli- now for the 138th time to urge that we see the carbon dioxide levels marching mate Central determined climate stop sleepwalking through history. Cli- up and up and up. change was to blame for approximately mate change, as we know, is already Dr. Ralph Keeling is director of the three-quarters of the coastal floods re- harming our oceans and our farms, our Mauna Loa CO2 Program at the Scripps corded in the United States between health and our communities. Yet here Institution of Oceanography and a sort 2005 and 2014, most of which were high- in the Senate we continue to just stand of hero among scientists. He has said tide floods. The blue is the natural idly by as carbon pollution piles up in that he doubts carbon dioxide levels at floods they experienced and the red is the atmosphere, driving unprecedented Mauna Loa will ever again dip below the flooding that was driven by climate changes in our States. I urge us again 400 parts per million. change. to wake up and to act with urgency. As our carbon pollution accumulates, Dr. Ben Strauss, who led this anal- Just 3 years ago the monitoring sta- we can actually measure the change in ysis, said: ‘‘[T]his is really the first tion atop Hawaii’s Mauna Loa meas- the amount of energy trapped by the placing of human fingerprints on coast- ured a significant milestone—400 parts atmosphere from the Sun. NOAA calls al floods, and thousands of them.’’ And per million of carbon dioxide in the at- this the ‘‘Annual Greenhouse Gas the body of science revealing those mosphere. Index,’’ and the latest edition shows human fingerprints from climate This chart of the data from Mauna that in just the past 25 years, our car- change is growing. In the past, I have Loa illustrates the negligible march bon emissions have increased the heat- said that climate change ‘‘loads the upwards of our carbon levels. And it is trapping capacity of our atmosphere by dice’’ for extreme weather, but it is not just at this one spot in the Pacific. 50 percent above preindustrial levels. hard to link a particular event to cli- The World Meteorological Organization That is our doing. mate change. That is beginning to maintains a global atmosphere watch The director of NOAA’s Global Moni- change as the science continues to de- network of atmospheric monitoring toring Division, Dr. Jim Butler, said: velop and the evidence continues to stations that spans 100 countries, in- ‘‘We’re dialing up Earth’s thermostat pile up. cluding stations high in the Alps, in a way that will lock more heat into In March, the National Academies of Andes, Himalayas, as well as in the the ocean and atmosphere for thou- Sciences, Engineering, and Medicine Arctic and Antarctic. Earlier this sands of years.’’ released a report outlining a rigorous month, the Cape Grim Station—per- Last week the Washington Post re- science-based system for attributing haps aptly named—in remote north- ported that both NOAA and NASA extreme weather events to climate western Tasmania saw its first meas- found April 2016 to have been the change with statistical confidence. In urement above 400 parts per million. A warmest April ever recorded. What is other words, scientists are now able to few days later, Casey Station in Ant- remarkable is that April was the 12th assess how the risk of an extreme arctica measured carbon dioxide con- consecutive month in a row in which weather event has changed since these centrations above 400 parts per million. that month was the warmest ever re- heat-trapping greenhouse gases have What is significant about 400 parts corded for that month. That is a full altered our climate. per million? The Earth has existed in a year’s worth of months that topped Certain kinds of extreme events are range between 170 and 300 parts per every previous such month for tem- relatively straightforward to assess million of carbon dioxide for at least perature, and it is the longest streak and attribute heat waves, heavy rains, the last 800,000 years—probably mil- ever in NOAA’s 137-year temperature certain types of drought. Other kinds lions of years but at least the last record. of extreme events, such as tornadoes, 800,000 years. Homo sapiens as a species One thing we know about all of this wildfires, and the frequency and inten- have only been around for about 200,000 excess heat is that the oceans have ab- sity of hurricanes, are more com- years, so 800,000 really goes back a sorbed more than 90 percent of it. You plicated to dissect. ways. Primitive farming began only think things are weird now with the For example, heat waves are expected about 20,000 years ago. Before that, we weather, imagine if the oceans had not to become more common, more in- were just hunter-gatherers. So 800,000 absorbed more than 90 percent of that tense, and longer lasting because of the in that context is a long, safe, com- excess heat. That is a measurement, increase in heat-trapping gases in the fortable run for this planet that has not a theory. Unless we are going to re- atmosphere. An analysis of an extreme been very good to humankind in that peal the laws of physics, we know that heat wave last May in Australia found carbon concentration window of 170 to when water warms from absorbing that it was made 23 times more likely to 300. Since the Industrial Revolution, 90-plus percent of the heat energy, it have happened because of climate when the great carbon dump began, we expands. That is the law of thermal exchange. When the odds in favor have

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We cannot dents—who still believe in their young minds Dr. Heidi Cullen, chief scientist at fail to take climate change seriously. Climate Central and a contributor to that success mostly depends on good grades and hard work, who believe in fairness, If this is uncomfortable for my col- the National Academies report, has evenhandedness and opportunity—how much leagues, I apologize, but I don’t care. I said: we as people have altered our environment, have obligations to my State that I The days of saying no single weather event and that they will end up facing the con- must discharge. We in Rhode Island are can be linked to climate change are over. sequences of our inability to act. going to stand with America’s leading For many extreme weather events, the link Where do we look for leadership? Not is now strong. research institutions and scientists, we to one of the leading Presidential con- are going to stand with our national Australian researchers have deter- tenders. This character says he is just mined that the ocean warming that led security experts, we are going to stand ‘‘not a great believer in man-made cli- to widespread and devastating coral with the great American corporations mate change.’’ So there. Like the bleaching on the Great Barrier Reef in such as Apple, Google, Mars, and Na- science cares what his opinion is. All March was made not 23 times more tional Grid, we are going to stand with likely but 175 times more likely by the science? The decades of research by President Obama, and we are going to human-caused climate change. Average thousands of scientists across the stand with Pope Francis to do every- water temperatures in the Coral Sea globe, the pride of the scientific profes- thing we can to face this climate chal- are up about 1.5 degrees Celsius since sion? It is a ‘‘hoax,’’ he said, a ‘‘con lenge head-on. I hope that soon one day 1900. We measure that. And about one- job,’’ ‘‘pseudoscience,’’ and ‘‘BS.’’ I it will be time when we can all wake up half of that 1.5 degrees is due to nat- guess in that latter characterization, and stand together. ural variability, and 1 whole degree of he can claim some real expertise. To I yield the floor. it is from greenhouse gas emissions. my Republican colleagues, I have to David Kline, a coral reef scientist at ask: Is that really the line that we f the Scripps Institution of Oceanog- want to have about this problem? Is raphy, has said: ‘‘We’ve had evidence this your guy? Are you going to stand ADJOURNMENT UNTIL 9:30 A.M. before’’ that ‘‘human-induced climate by him on this stuff? TOMORROW change is behind the increase in sever- But wait, it actually gets better. Yes- The PRESIDING OFFICER. The Sen- ity and frequency of bleaching events. terday POLITICO reported the New ate stands adjourned until 9:30 a.m. to- But this is the smoking gun.’’ York billionaire is also applying for morrow. By the way, a bleaching event on a permission to build a seawall. He is a Thereupon, the Senate, at 6:52 p.m., coral reef is like a heart attack in a wall-building kind of guy, and he wants adjourned until Thursday, May 26, 2016, human. The reef may survive it, but it to build a seawall to protect his seaside at 9:30 a.m. will take a long time to recover, and golf resort. What does he want to pro- very often the reef simply dies. With tect his golf resort from with a wall— f all of that happening, here we are in rapist Mexicans coming across the bor- this Chamber, sitting on our hands, der? No. What he wants to defend his CONFIRMATION helpless. We have a responsibility, not seaside golf resort from with a wall is Executive nomination confirmed by only to the voters of today but to the ‘‘global warming and its effects.’’ the Senate May 25, 2016: generations who will follow us and in- Remember the sea level rise I talked DEPARTMENT OF JUSTICE herit the world as we leave it to them. about? That is correct. That is what he said. Climate change is a hoax when his PATRICK A. BURKE, OF THE DISTRICT OF COLUMBIA, TO Here is how Professor of Oceanog- BE UNITED STATES MARSHAL FOR THE DISTRICT OF CO- raphy, Dr. Laura Faye Tenenbaum, at political interests dictate, but then it LUMBIA FOR THE TERM OF FOUR YEARS.

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ZIKA VECTOR CONTROL ACT The legislation passed will subject all new PERSONAL EXPLANATION and existing chemicals to an EPA review and SPEECH OF will further protect the American people by HON. GENE GREEN strengthening transparency by requiring EPA HON. TAMMY DUCKWORTH OF ILLINOIS OF TEXAS to provide the public with more information IN THE HOUSE OF REPRESENTATIVES about toxic chemicals. This legislation also IN THE HOUSE OF REPRESENTATIVES provides EPA with the authority to restrict the Tuesday, May 24, 2016 use of chemical substances which put the Wednesday, May 25, 2016 Mr. GENE GREEN of Texas. Madam public and our environment at unreasonable Ms. DUCKWORTH. Mr. Speaker, on May Speaker, I rise in opposition to H.R. 897, the risk. 23, 2016, on Roll Call Number 229 on the Mo- so-called ‘‘Zika Vector Control Act.’’ Congress has the responsibility to protect tion to Suspend the Rules and Pass, as This legislation, which has appeared four the health and safety of all Americans. This Amended, H.R. 4889, Kelsey Smith Act, I am times before this chamber in the past two legislation will improve current law and ad- not recorded. Had I been present, I would years, in no way addresses the serious mos- vance our efforts in protecting every American have voted YEA on the Motion to Suspend the quito control or Zika virus concerns con- from harmful toxic chemicals. Rules and Pass, As Amended, H.R. 4889. fronting communities I have the honor of representing in Houston and Harris County, On May 23, 2016, on Roll Call Number 230 Texas. f on the Motion to Suspend the Rules and Pass, as Amended, H.R. 3998, Securing Ac- Instead, this bill would create a loophole in TSCA MODERNIZATION ACT OF 2015 the Clean Water Act to exempt pesticide cess to Networks in Disasters Act, I am not re- spraying from current permitting requirements corded. Had I been present, I would have that most mosquito control districts and state SPEECH OF voted YEA on the Motion to Suspend the agencies already have, including Harris Coun- Rules and Pass, as Amended, H.R. 3998. ty Public Health & Environmental Services. HON. ROBERT E. LATTA f I hosted an event with my colleague, Con- OF OHIO gressman AL GREEN, last Friday at El Centro IN THE HOUSE OF REPRESENTATIVES TAIWANESE ELECTION AND de Corazon health clinic in Houston’s East INAUGURATION End, where we urged Congress to fully fund Tuesday, May 24, 2016 the Administration’s request for $1.9 billion in emergency funding to combat Zika. Houston Mr. LATTA. Mr. Speaker, the House HON. DINA TITUS Amendment to the Senate Amendment to H.R. and Harris County are particularly exposed to OF NEVADA Zika due to our region’s climate, many bay- 2576, the Frank R. Lautenberg Chemical ous, and the presence of the Aedes mosquito Safety for the 21st Century Act, specifies that IN THE HOUSE OF REPRESENTATIVES species, the carrier of the Zika virus. the Administrator, in selecting among prohibi- Wednesday, May 25, 2016 For the people of Houston and Harris Coun- tions and other restrictions for chemical sub- ty, this emergency finding is essential to pro- stances that present an unreasonable risk of Ms. TITUS. Mr. Speaker, as a longtime tect our nation’s fourth largest city from a Zika injury to health or the environment, shall con- friend of Taiwan, I rise to congratulate the outbreak that has devastated countless com- sider an evaluation of alternative substances. country’s people on their recent presidential munities in Latin America. In evaluating alterative substances, the Admin- elections and President-elect Tsai Ing-wen on I urge the House Majority to abstain from istrator, ‘‘shall consider, to the extent prac- her victory. A respected leader in trade and using the fears over Zika as a Trojan horse for ticable, whether technically and economically national security, the country’s first-ever fe- legislation that will create unnecessary loop- feasible alternatives that benefit health or the male president, Tsai Ing-wen, is setting a holes in our environmental laws, and to bring environment, compared to the use so pro- great example for governments around the to the floor H.R. 5044, emergency appropria- posed to be prohibited or restricted, will be globe. tions for $1.9 billion to combat Zika, for a vote reasonably available as a substitute when the The people of Taiwan should be proud of as soon as possible. proposed prohibition or other restriction takes their strong democratic institutions, freedom of f effect.’’ expression, and open elections. This joint appreciation and application of democracy have TSCA MODERNIZATION ACT OF 2015 Additionally, the Administrator may grant an exemption from a prohibition or other restric- brought our two countries together. SPEECH OF tion on a chemical substance if the ‘‘specific We have been fortunate to work hand-in- condition of use is a critical or essential use hand on many critical issues. One example is HON. LORETTA SANCHEZ for which no technically and economically fea- Congress’ recent effort to expand the Visa OF CALIFORNIA sible safer alternative is available, taking into Waiver Program so citizens of Taiwan and the IN THE HOUSE OF REPRESENTATIVES consideration hazard and exposure.’’ United States can travel freely between both Tuesday, May 24, 2016 A technically feasible alternative substance countries. These visits allow for increased Ms. LORETTA SANCHEZ of California. Mr. is intended to mean a chemical for which: the economic cooperation between our govern- Speaker, I am unable to vote on H.R. 2576, technical knowledge, equipment, materials, ments, the exchange of ideas and culture, and the Frank R. Lautenberg Chemical Safety for and other resources available in the market- the development of long-lasting relationships. the 21st Century Act, on May 24, 2016. I plan place are expected to be sufficient to develop I am proud to represent a large and thriving to vote on H.R. 2576, and I will vote aye. and implement the alternative, and to meet Taiwanese-American population living in Las I strongly support the sensible regulation of consumer demand after a phase-in period; the Vegas and my congressional district, where toxic chemicals. Under the current Toxic Sub- product that contains the alternative substance they have made valuable contributions to our stances Control Act, the Environmental Pro- can continue to comply with all applicable culture, economy, and society. tection Agency is extremely limited when regu- legal requirements; the product that contains Again, I send my best wishes to President- lating toxic chemicals, as the bill has not been the alternative substance can continue to com- elect Tsai and the people of Taiwan as you significantly updated since its enactment in ply with all applicable safety standards and celebrate her history-making inauguration and 1976. The Frank R. Lautenberg Chemical regulatory approval or certification require- look forward to working with you all as we Safety for the 21st Century Act will greatly in- ments applicable to the product; and, the con- grow our democratic partnership. I hope you crease the scope and authority of the EPA to sumer accepts the product as made with the will visit us soon, either in Las Vegas or identify and regulate harmful chemicals. alternative substance. Washington, D.C.

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

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.001 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E786 CONGRESSIONAL RECORD — Extensions of Remarks May 25, 2016 HONORING BOB OPSAHL ality have affected how we define ourselves as aration that go well beyond what is asked of Americans. He is also a prolific author. a typical high schooler. Each round consists of HON. DANIEL WEBSTER Throughout his academic career Wade has ten events, including a seven-minute interview, OF FLORIDA produced many works of scholarship, including an essay, two speeches, and comprehensive IN THE HOUSE OF REPRESENTATIVES 17 books and edited collections, 88 journal ar- written exams in subjects from music to lit- ticles and book chapters, and dozens of news- erature to economics. Not only did these Alice Wednesday, May 25, 2016 paper editorials. In addition, he has provided students outperform the competition, they did Mr. WEBSTER of Florida. Mr. Speaker, it is professional commentary for various media so with fewer resources and advantages than my pleasure to recognize the service of Bob outlets including Time, Newsweek, New York many of their opponents. Opsahl, the early evening news anchor for Times, Washington Post, and the LA Times. I commend these students for studying Cox Media Group Orlando’s Channel 9 Eye- It is also important to note that Wade is a many hours each week to prepare for the witness News. After nearly 38 years of faithful trusted colleague and friend, something I have State Academic Decathlon competition, and work with the television station, Bob Opsahl experienced firsthand. Wade worked with my for bringing home the top prize. The future will be retiring this week. husband Walter in the Department of Reli- could hardly be brighter for each of them. I In 1978, Bob joined the WFTV Eyewitness gious Studies at UCSB. After Walter’s pass- rise today to share my congratulations and ap- News Team as a general assignment reporter, ing, Wade raised $2 million in matching funds plaud their efforts. and began anchoring on the weekends in to establish the Walter H. Capps Center for f 1980. Since then, Bob Opsahl has become a the Study of Ethics, Religion, and Public Life familiar face as a trusted and consistent at UCSB. Serving as the center’s founding di- CELEBRATING THE 125TH ANNI- evening newscast anchor in Central Florida. rector from 2002 to 2016, Wade has dem- VERSARY OF BETHANY UNITED After serving four years in the U.S. Navy, onstrated an unwavering commitment to the CHURCH OF CHRIST Bob graduated from the University of Central center’s mission: ‘‘the belief that public dia- Florida in 1976 with a major in Radio and Tel- logue and an informed and engaged citizenry HON. CHARLES W. DENT evision Communications. Opsahl later re- are vital to democratic society.’’ He is a dear OF PENNSYLVANIA ceived the Distinguished Alumnus Award from friend, and I am so grateful for his indispen- IN THE HOUSE OF REPRESENTATIVES his alma mater, and has been widely recog- sable contributions to honor Walter’s legacy Wednesday, May 25, 2016 nized for his community involvement, specific through the Capps Center and their innovative attention to special needs children, and excel- programming. Mr. DENT. Mr. Speaker, it is an honor and lence in journalism and reporting. Wade has announced his retirement and will a privilege to bring to the House’s attention Through the decades, Bob Opsahl covered be starting a new chapter. He can do so the 125th Anniversary of the Bethany United many major events such as the Challenger knowing that his work and influence have Church of Christ located in Bethlehem, Penn- and Columbia space shuttle tragedies, Hurri- been immeasurable and will continue to have sylvania, and to offer congratulations to the cane Andrew’s impact in South Florida, the in- an effect on his students and the entire UCSB congregation. auguration of President George H.W. Bush, community for many years to come. Bethany UCC, located at the corner of 5th the 2000 Florida recount, and the Casey An- I am pleased to celebrate Wade’s countless Avenue and West Market Street in Bethlehem, thony Trial. Bob Opsahl has been a reliable achievements and I would like to express my was originally founded in order to provide a familiar and trusted news source, relaying it utmost gratitude for his service to his students conveniently located place of worship for the with clarity and heart. Bob will be missed in and community. I wish him nothing but contin- western portion of Bethlehem that would help Central Florida. ued success in his retirement. alleviate the over-crowding at the First Re- f f formed Church of Christ in the City. One hundred twenty five years later, Beth- HONORING WADE CLARK ROOF HONORING THE ALICE HIGH SCHOOL ACADEMIC DECATHLON any UCC continues to thrive with an engaged TEAM congregation who immerse themselves in their HON. LOIS CAPPS community to aid and enrich the lives of oth- OF CALIFORNIA HON. FILEMON VELA ers through service, fellowship, and music. IN THE HOUSE OF REPRESENTATIVES My heartfelt congratulations are extended to OF TEXAS the members of the Bethany United Church of Wednesday, May 25, 2016 IN THE HOUSE OF REPRESENTATIVES Christ on this 125th Anniversary. I believe I Mrs. CAPPS. Mr. Speaker, I rise today in Wednesday, May 25, 2016 speak on behalf of the community when I honor of Wade Clark Roof, who is retiring as Mr. VELA. Mr. Speaker, I rise today to rec- thank them for their efforts on behalf of the the Director of the Walter H. Capps Center at ognize and congratulate the Alice, Texas High people of the Lehigh Valley. the University of California at Santa Barbara. School Academic Decathlon Team for winning Mr. Speaker, I ask the House to join me in Wade has had a distinguished career as a the state title. After countless hours of study- offering well wishes and congratulations to the leader, educator, and colleague on California’s ing and preparation, their record-breaking per- men and women of Bethlehem’s Bethany central coast and exemplifies the qualities of a formance demonstrates the remarkable talent United Church of Christ. May the next 125 true academic. Wade graduated from Wofford and dedication of these bright students. years foster additional congregational growth University in 1961 magna cum laude and Phi The Alice team is the first Title 1 school— and provide further opportunities for continued Beta Kappa. Having formed an interest in one with a disproportionate number of stu- service and fellowship within the Bethlehem theological studies and religion, Wade moved dents from low-income families—to win an community. to New Haven, Connecticut where he studied Academic Decathlon at any level in Texas. f at Yale University, receiving his Master of Di- They defeated 29 other qualifying schools to vinity degree in 1964, before earning a Ph.D. claim the state championship. After 14 con- IN RECOGNITION OF HELENE M. in Sociology at the University of North Caro- secutive regional titles won by Alice teams, WHITAKER FOR THIRTY-ONE lina in 1971. this year’s squad shattered the previous 5A YEARS OF SERVICE TO NORTH- Following the completion of his doctorate, state record by scoring 50,292 points in the AMPTON COMMUNITY COLLEGE Wade accepted a professorship at the Univer- competition. Alice High School is one of only sity of Massachusetts, Amherst where he eight institutions to score above 50,000 points HON. MATT CARTWRIGHT taught research methods for studying religion, in the 30-year history of the Texas Academic OF PENNSYLVANIA religious pluralism, and religion and society. In Decathlon. IN THE HOUSE OF REPRESENTATIVES 1989, Wade moved to the University of Cali- I also want to recognize the coaches, teach- Wednesday, May 25, 2016 fornia at Santa Barbara (UCSB), where he ers, parents, school administrators, and every- was named the Rowny Professor of Religion one who has helped in developing the minds Mr. CARTWRIGHT. Mr. Speaker, I rise and Society. He has been an irreplaceable of these champions. Their support, and that of today to honor Helene M. Whitaker, vice presi- part of the UCSB community ever since. other role models, has contributed greatly to dent for administrative affairs at Northampton Wade is a gifted educator who constantly the past decade and a half of success at Alice Community College, where she is responsible challenges his students to reflect on the High School. for government relations, planning, institutional changing roles of religion in society and ana- Success in Academic Decathlon competi- research, human resources, and labor rela- lyze how changes in religion, faith, and spiritu- tions requires levels of commitment and prep- tions.

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K25MY8.003 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS May 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E787 Few people have had as significant an im- member and celebrate the approximately WELCOMING JUSTIN MCELWEE TO pact on Northampton’s outreach to students 3,000 paratroopers that are currently deployed THE HOUSE OF REPRESENTATIVES and the community as Helene. She has around the world and were unable to partici- worked with state legislators from the Lehigh pate. HON. DANIEL T. KILDEE Valley to support the conversion of the former During All American Week, paratroopers OF MICHIGAN Bethlehem Steel plant offices into the Fowler and veterans will be joined by their loved ones IN THE HOUSE OF REPRESENTATIVES in a week full of events that celebrate the rich Family Southside Center—a hub of education Wednesday, May 25, 2016 and workforce development to which tens of history and legacy of the 82nd Airborne Divi- thousands of people flock each year. She also sion; ranging from picnics and reunions to a Mr. KILDEE. Mr. Speaker, I ask the United was instrumental in garnering public funding memorial ceremony remembering those who States House of Representatives to join me in critical to the construction of a new campus to have made the ultimate sacrifice for their welcoming my constituent, Mr. Justin serve citizens of Monroe County. country. McElwee, to Congressional Foster Youth Highly respected both on campus and off, Our men and women in uniform reflect the Shadow Day. Today, I am honored to be joined by Justin she is the recipient of numerous awards, in- best our nation has to offer and events like McElwee, who is shadowing me as part of the cluding the Athena Award presented by the these are an important way to honor their commitment. The paratroopers of the 82nd 2016 Congressional Foster Youth Day. Bethlehem Chamber of Commerce, the Out- Throughout his time with me, I have had the standing Woman of the Year Award presented Airborne Division are the tip of the spear and maintain a constant state of readiness, able to opportunity to learn more about Justin and he by the Bethlehem YWCA, the Women’s Lead- has had the opportunity to learn more about ership Award presented by the Allentown be deployed in a moment’s notice to defend our nation. I am eternally grateful for the sac- my work in Congress. YWCA, the Woman of Distinction Award pre- Justin is a remarkable young man who has rifice of these brave patriots and am honored sented by the Great Valley Girl Scouts, the dedicated himself to the work of fighting for a Courageous Woman of the Year Award pre- to serve them in Congress. better future for young individuals in poverty Mr. Speaker, please join me today in cele- sented by Lehigh Valley Hospital, the Alumnae and those in foster care. Justin is studying brating All American Week at Fort Bragg hon- Award and Associates Award from Cedar international relations with the hope of working oring the 82nd Airborne Division. Crest College, and the Pennsylvanians with with international organizations who battle for Disabilities Award. She was named a ‘‘Mover f the downtrodden in the United States and and Shaper’’ by Lehigh Valley Magazine and OPIOID BILLS PACKAGE around the world. Justin’s commitment to an honorary alumna by the NCC Alumni Asso- serve his fellow man, especially young individ- ciation. Last, but certainly not least, she was HON. CHRIS VAN HOLLEN uals like himself, is commendable. I am hon- a national finalist in the White House Fellows OF MARYLAND ored to have had the opportunity to meet such Program. IN THE HOUSE OF REPRESENTATIVES a remarkable young individual. Justin is living Her commitment to improving the quality of proof that the circumstances of youth can be life in the community is reflected in her current Wednesday, May 25, 2016 used to help shape a brilliant future. or past service on the Lehigh Valley Planning Mr. VAN HOLLEN. Mr. Speaker, I rise in Foster Youth Shadow Day, launched in Commission, the City of Bethlehem Zoning support of the package of opioid bills consid- 2011, provides Members of Congress the op- Board, and the boards of ArtsQuest, ered by the House this week, which is a com- portunity to meet foster youth in order to dis- Musikfest, the Banana Factory, the Fine Arts prehensive approach that aims to address the cuss and develop policy recommendations to Commission, the Northampton County Devel- country’s opioid crisis. strengthen the child welfare system and im- opment Corporation, the Northampton County America is experiencing an opioid addiction prove the overall well-being of youth and fami- Open Space Advisory Board, Cedar Crest Col- epidemic that is striking people of all incomes, lies throughout the United States. It has been lege, Northampton County United Way, Turn- races, and backgrounds. Every day, 78 Ameri- an honor to take part in this program ing Point of the Lehigh Valley, and the former cans die from an opioid overdose—this is un- Therefore, Mr. Speaker, I applaud Mr. Justin Allentown State Hospital. acceptable. The urgency of this public health McElwee for his dedication to serve those in Helene earned a master’s in public adminis- epidemic is clear and this legislation is an im- his community and commitment to helping tration at Lehigh University, a master of arts in portant first step to addressing this crisis. young individuals like him to build a bright fu- government at Villanova University, and a This package includes a number of impor- ture. bachelor of arts at Cedar Crest College. Prior tant measures, including a provision to expand f the availability of nalaxone and other overdose to joining the staff at Northampton Community PEARLAND ISD EMPLOYEES OF reversal drugs. It also encourages criminal jus- College in 1985, she was a community and THE YEAR government affairs representative in the public tice agencies to integrate and sustain Medica- affairs department at Bethlehem Steel Cor- tion-Assisted Treatment (MAT) programs. An- poration. I wish her well in her retirement—it other notable provision creates an inter-agen- HON. PETE OLSON OF TEXAS is certainly well-earned. cy task force that encourages collaboration IN THE HOUSE OF REPRESENTATIVES f among the many agencies that come in contact with addicts—pertaining to criminal justice, Wednesday, May 25, 2016 IN HONOR OF ALL AMERICAN mental health, substance abuse, and veteran Mr. OLSON. Mr. Speaker, I rise today to WEEK AT FORT BRAGG affairs—and promotes a holistic approach to congratulate the following Principals of dealing with the crisis. Pearland Independent School District for being HON. RICHARD HUDSON While the package includes these important named Employee of the Year. OF NORTH CAROLINA bipartisan provisions, I am deeply concerned Each school year, principals, teachers and IN THE HOUSE OF REPRESENTATIVES that Congressional Republicans refused to staff members are recognized by the school allow a vote on a provision to provide the re- Wednesday, May 25, 2016 district with various awards as a reflection of sources necessary to support this new strat- their hard work and dedication to their stu- Mr. HUDSON. Mr. Speaker, I rise today in egy. Congressman JOE COURTNEY offered an dents and the school as a whole. This year honor of All American Week at Fort Bragg, the amendment to provide an additional $600 mil- five employees were awarded with the title epicenter of the universe. This week recog- lion, which is also the President’s request, in ‘‘Employee of the Year’’: Cindy Brown from nizes the 82nd Airborne Division stationed at emergency funds. Sadly, it was rejected by all the Education Support Center, Sharon Harper Fort Bragg which will be celebrating their 99th voting House Republicans from being consid- from the Food Service, Charlie Saenz from Anniversary this summer. ered on the floor. The funding would provide Maintenance, Laura Aguilar from Operations, To kick off the week, more than 15,000 necessary resources to meaningfully address and Abel Garza from Transportation. These paratroopers participated in a four mile run led the increasing tragedy of this crisis. Our states employees go above and beyond to support by Maj. Gen. Richard D. Clarke, who is the and districts urgently need funding now. the students and faculty in Pearland and we 82nd Airborne Division’s commanding general. Despite these shortcomings, I support this thank them for their exceptional service. They were joined by dozens of veterans who legislation as a step in the right direction. In On behalf of the Twenty-Second Congres- cheered on the participants from the sidelines. the coming weeks, I urge Republicans to work sional District of Texas, congratulations again This year’s event was particularly special be- on a bipartisan basis to provide the emer- to these dedicated Pearland ISD staff mem- cause of the large number of paratroopers gency funding necessary to fully confront this bers for being named Employees of the Year. who were able to attend. However, we re- crisis. We thank them for all that they do.

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.004 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E788 CONGRESSIONAL RECORD — Extensions of Remarks May 25, 2016 IN HONOR OF AMBASSADOR F. years old when she joined the United Farm rolet partners with the USO of Illinois to put on HADYN WILLIAMS Workers to educate female cotton workers on a BBQ for the Troops event to thank our local the risks they faced at their jobs. As a young service members and their families. I am HON. MARCY KAPTUR girl, her mother, Isabel Leal, was a chef to the proud to have been able to join Ray and his OF OHIO United States Ambassador to the court of St. team for this program. Since 1991, they have IN THE HOUSE OF REPRESENTATIVES James in Great Britain, Lewis Douglas, who also been supporting area high schools and later became Teresa’s friend and mentor. new drivers by donating cars to their driver’s Wednesday, May 25, 2016 Growing up, Teresa was fortunate to meet im- education departments. Ms. KAPTUR. Mr. Speaker, I rise today in portant figures in the reconstruction of the Ray has attributed Ray Chevrolet’s success honor of my dear friends of the WWII Memo- post-World War II world like John McCloy, the to their dedication to treating customers with rial. postwar High Commissioner of Germany. After respect, ‘‘the way you’d like to be treated.’’ It is with deepest sympathy I am unable to graduation she enrolled at the University of Their 25 years in business proves what small attend the Celebration of Life Ceremony to San Carlos in Guatemala where she studied business owners across the 10th Congres- honor Ambassador Hadyn Williams, a cham- social anthropology. Teresa later came back sional District of Illinois know to be true: cus- pion of liberty’s legacy. With this regret, I send to Nogales, Sonora where she spent the rest tomers stay loyal when you treat them with re- a few words to remember Ambassador Wil- of her life. spect. liams and all he did to create the centerpiece In 1986, Teresa founded the women’s group Mr. Speaker, I offer my sincere thanks to Memorial, which preserves rightful attention to known as Proyecto Comadres, where she ad- Ray, and the Ray Chevrolet team, for all they the greatest generation. dressed labor, environmental, and civil rights do for our local economy and our community. Ambassador F. Hadyn Williams had a long issues concerning women who labored at the f and distinguished career in international de- ‘‘maquiladoras’’ in Nogales, Sonora. As the velopment, diplomacy and public service, group’s membership grew they expanded their IN HONOR OF LANCE CORPORAL one that demonstrated a lifetime of integ- efforts to include women who faced domestic RICHARD PEREZ rity and a duty to country, which left a last- violence and economic or family struggles. At ing legacy for future generations. I had the honor to work closely with Am- the same time she served as a substitute HON. GENE GREEN bassador Williams. Together, we along with teacher in Mexico. Teresa also worked with OF TEXAS other great champions implemented the idea the Binational Health Council to examine IN THE HOUSE OF REPRESENTATIVES of honoring the 16 million brave and dedi- health issues affecting both sides of the Wednesday, May 25, 2016 cated men and women who served in World Nogales border, as well as the nongovern- War II—over 400,000 of whom never came mental organization Gente de I’itoi in Sonora, Mr. GENE GREEN of Texas. Mr. Speaker, home to their loved ones—with a glorious where she trained indigenous women as I rise to honor an American hero, Lance Cor- memorial on the National Mall—America’s health educators throughout the Yaqui, Seri poral Richard G. Perez. front yard—between the Lincoln Memorial Lance Corporal Richard G. Perez, a con- and the Washington Monument. The five and Tohono tribes. Teresa was the grantee re- million people who visit the World War II cipient from the Southwest Network for Envi- stituent of the 29th District recently passed Memorial every year owe a small debt of ronmental and Economic Justice and also a away on April 29th, 2016. I have had the gratitude for Ambassador Williams’ role in member of the National Advisory Council for pleasure of knowing Mr. Perez for many years this tribute. the North American Commission for Environ- now and am familiar with his courageous ac- Ambassador Williams had a remarkable mental Cooperation. tions during the Vietnam War. lifetime of achievements—with service in Teresa was also a freelance journalist, On the afternoon of February 7, 1967 Lance World War II; in academia at the University working with La Voz Del Norte newspaper in Corporal Perez’s patrol was suddenly attacked of California, Berkeley and Tufts University, by approximately 30 Viet Cong using gre- as a student and then as a professor and ad- Sonora from 1984–1989 and the Nogales ministrator; as a public servant, serving as a International Newspaper, among several other nades and small arms fire. deputy assistant secretary in the Defense publications. Teresa ended her career as the During the attack, Lance Corporal Perez Department under both Presidents Eisen- curator of Pimeria Alta Historical Society Mu- took extraordinarily courageous action to stop hower and Kennedy; as a diplomat as the seum, where family, friends, and colleagues the enemy threat against the left flank where longest-serving President of the Asia Foun- remembered her as a selfless person com- he received several abdominal gunshot dation; and as Chairman of the American mitted to keeping local history alive. wounds. Despite his wounds he continued to Battle Monuments Commission’s World War Southern Arizona and the borderlands will fight on and encouraged his fellow marines to II Memorial Committee. stop the attack. Ambassador Williams will be remembered miss Teresa Leal’s passion, sense of justice, for his service and devotion to others, his vi- and love of her community. Teresa leaves a His heroic actions on that day were an in- sion, his commitment, and his contribution living legacy of leadership, empowerment, and spiration to all who observed him and were in to honor our World War II veterans and to a commitment to social and economic justice. keeping with the highest traditions of the preserve this lasting memory. This legacy will continue to make all of us bet- United States Marine Corps and United States Ambassador Williams’ memory will live on ter and our community a better place. Naval Service. through the fruits of his achievements. f Lance Corporal Perez was awarded the f Bronze Star for his actions on that day. HONORING RAY SCARPELLI & RAY I offer my condolences to the family and HONORING TERESA LEAL CHEVROLET friends of Richard Perez, his wife of 43 years Betty Jean Perez, his children Richard Jr., HON. RAU´ L M. GRIJALVA HON. ROBERT J. DOLD Carolina and Eloy and I offer the thanks of a OF ARIZONA OF ILLINOIS grateful nation. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES f Wednesday, May 25, 2016 Wednesday, May 25, 2016 IN RECOGNITION OF THE IMPOR- Mr. GRIJALVA. Mr. Speaker, I rise today to Mr. DOLD. Mr. Speaker, I rise today to TANCE OF BUILDING ENERGY honor the life and memory of Teresa Leal, a honor Ray Chevrolet and their President, Ray CODES AND ENERGY EFFICIENCY passionate historian and activist and curator of Scarpelli, who are celebrating their 25th Anni- the Pimeria Alta Historical Society Museum. versary of doing business in Fox Lake. HON. DANIEL LIPINSKI Teresa passed away on May 1, 2016 in Starting with a small inventory of cars in OF ILLINOIS Nogales, Arizona at the place dearest to her, 1991, Ray Chevrolet now has over 130 em- IN THE HOUSE OF REPRESENTATIVES the museum at which she proudly worked for ployees and is one of the top-selling auto over 20 years. dealerships in Illinois. They have won numer- Wednesday, May 25, 2016 Teresa’s roots are every bit as eclectic as ous customer service awards, including the Mr. LIPINSKI. Mr. Speaker, I rise today to our nation as a whole, with lineage tracing 2016 Customer Satisfaction Award from highlight the importance of building energy back to Mexican, Chinese and Opata native DealerRater, a dealer review website. codes. As a member of the High Performance ancestors. Born in Navojoa, Sonora, she was Part of the success of their business has Building Caucus, I recognize the need to pur- raised in Tucson, Arizona, and attended Cat- been the dealership’s commitment to give sue cost effective means to promote energy alina High School. Teresa was only sixteen back to the community. Each year, Ray Chev- efficiency.

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.009 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS May 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E789 American homes and commercial buildings expand the structure and again in 2007 to re- PEARLAND ISD PARAPROFES- consume 71 percent of our nation’s electricity, pair and restore the second floor. SIONALS OF THE YEAR 54 percent of its natural gas, and 42 percent Neptune Hose Company No. 1 was one of of all its energy. The model residential and the three fire companies, along with Oceanic HON. PETE OLSON commercial building energy codes developed Fire Engine Company No. 1 and the Atlantic OF TEXAS by the International Code Council and Fire Engine and Hook and Ladder Company IN THE HOUSE OF REPRESENTATIVES ASHRAE, the American Society of Heating, No. 2, to organize the Long Branch Fire De- Refrigerating, and Air-Conditioning Engineers, partment on November 2, 1878. Since the in- Wednesday, May 25, 2016 have the potential to benefit both consumers ception of the department, sixteen members of Mr. OLSON. Mr. Speaker, I rise today to and the environment. The Department of En- Neptune Hose Company No. 1 have served congratulate the following paraprofessionals of ergy’s Building Energy Codes Program partici- as Chief. Pearland Independent School District for being pates in this process by researching, further Mr. Speaker, I sincerely hope my colleagues named Paraprofessionals of the Year. developing, and implementing these codes. A will join me in recognizing the 150th anniver- Each school year, principals, teachers and study of this program by the Pacific Northwest sary of Neptune Hose Company No. 1 and staff members are recognized by the school National Laboratory found that model energy thanking its members for upholding the duty to district with various awards as a reflection of codes saved consumers roughly $44 billion serve and protect the community. their hard work and dedication to their stu- and cut greenhouse gas emissions by nearly f dents and the school as a whole. This year 23 3.9 billion metric tons over the past 20 years. paraprofessionals were awarded with the title GORDON CENTRAL MARCHING In addition, the energy efficiency gained by ‘‘Paraprofessionals of the Year’’: Tara Randall BAND updating building energy codes stands to sta- from Carleston Elementary, Julie Putnam from bilize the U.S. demand for electricity and de- Challenger Elementary, Sharleen Escobar crease the need to construct more power HON. TOM GRAVES from Cockrell Elementary, Jacob Chavarria plants. OF GEORGIA from C.J. Harris Elementary, Laura Lemmon The economic and environmental benefits of IN THE HOUSE OF REPRESENTATIVES from Lawhon Elementary, Sherry Schluntz model building codes are also appreciated by Wednesday, May 25, 2016 from Magnolia Elementary, Tara Pitre from homebuyers. According to a 2013 survey con- Mr. GRAVES of Georgia. Mr. Speaker, I rise Massey Ranch Elementary, Suzan Kimball ducted by the National Association of Home today to recognize the Gordon Central High from Rustic Oak Elementary, Kim Phillips from Builders, 9 out of 10 Americans will pay 2 to School Blue Wave Marching Band on being Shadycrest Elementary, Lawonza Hampton 3 percent more for a new home with energy selected to perform in the 2016 National Me- from Silvercrest Elementary, Mindy Bitner from efficient features. Homeowners understand morial Day Parade. Silverlake Elementary, Christine Coleman from that having an energy efficient home reduces The Blue Wave Marching Band was estab- Alexander Middle School, Kenneth Martin II monthly utility bills and provides long-lasting lished in 1985 and has a long tradition of su- from Jamison Middle School, Reginald Mitchell savings. Additionally, many homebuyers are perior performances which have taken them from Rogers Middle School, Aurelia Montes aware that energy efficient features make their all across our great country. from Sablatura Middle School, Deborah Cooks homes quieter and more comfortable, while This year the Blue Wave Band will be from Berry Miller Junior High, Beth Powell also raising their resale values. marching in honor of Lance Corporal Cody from Pearland Junior High East, Armando Mr. Speaker, it is clear from all of the bene- Kristopher Warren, a saxophone player and Torres from Pearland Junior High South, fits gained from building energy codes that we drum major for the Blue Wave Band who Maria Salais from Pearland Junior High West, should continue to support upgrading model joined the Marines upon graduation. Rebecca Moreno from Dawson High School, codes, adopting the codes in state and local In 2006, Cody made the ultimate sacrifice April Shecterle from Pearland High School, jurisdictions, and improving compliance. This for his country while serving in Iraq. Jure Mejia from Turner College and Career will save Americans money, contribute to our I am proud and excited that the Blue Wave High School, and Maria Fogarty from the nation’s energy security, and help protect our Marching Band is performing in his honor in PACE Center. These paraprofessionals go environment. this year’s National Memorial Day Parade. above and beyond to inspire their students f I wish them the best of luck as they bring and create a supportive educational environ- a piece of Georgia to our nation’s capital. ment. We are grateful for their commitment to IN RECOGNITION OF THE 150TH AN- f education and providing a safe, inspirational NIVERSARY OF NEPTUNE HOSE learning environment for our students. COMPANY NO. 1 RECOGNIZING ST. PAUL’S UNITED On behalf of the Twenty-Second Congres- METHODIST CHURCH’S 50TH AN- sional District of Texas, congratulations again HON. FRANK PALLONE, JR. NIVERSARY to these dedicated Pearland paraprofessionals OF NEW JERSEY for being named Paraprofessionals of the IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL G. FITZPATRICK Year. We thank them for all that they do. Wednesday, May 25, 2016 OF PENNSYLVANIA f IN THE HOUSE OF REPRESENTATIVES Mr. PALLONE. Mr. Speaker, I rise today to INTRODUCING A RESOLUTION CON- congratulate the Long Branch Fire Depart- Wednesday, May 25, 2016 DEMNING THE DOG MEAT FES- ment’s Neptune Hose Company No. 1 on the Mr. FITZPATRICK. Mr. Speaker, I rise today TIVAL IN YULIN, GUANGXI 150th anniversary of its founding. Neptune to recognize the 50th anniversary of St. Paul’s ZHUANG AUTONOMOUS REGION, Hose Company No. 1 continues to live up to United Methodist Church. CHINA, AND URGING THE CHI- its motto ‘‘Semper Paratus’’ (‘‘Always Ready’’) St. Paul’s United Methodist Church is cele- NESE GOVERNMENT TO END THE to ensure the safety of Long Branch residents brating 50 years of faithful service to the peo- DOG MEAT TRADE and its dedication is truly deserving of this ple of the Central Bucks County and War- body’s recognition. rington area. Congratulations. This is a mile- HON. ALCEE L. HASTINGS The first organized fire company in Mon- stone for a church that has at its heart, faith OF FLORIDA mouth County, Neptune Hose Company No. 1, and spirituality and a mission to fulfill the IN THE HOUSE OF REPRESENTATIVES originally known as the Neptune Hook and needs of all congregants. Devoted church Ladder Company No. 1, was founded by Dr. leaders and pastors have overseen this spir- Wednesday, May 25, 2016 James O. Green in 1866. The name was itual task throughout St. Paul’s 50-year history Mr. HASTINGS. Mr. Speaker, I rise today to changed in September 1877 to reflect Long and continue on this same path, today. Since introduce a very important resolution con- Branch’s new public water system and fire hy- 1966, the church has grown to include more demning the dog meat festival in Yulin, drants. Initially maintained by share and stock than one generation of faithful Christian fami- Guangxi Zhuang Autonomous Region, China, holders, the company chartered as Neptune lies who care about each other and their and urging the Chinese Government to end Hose Company No. 1 on November 10, 1877. neighbors. And for your 50 years of spiritual their dog meat trade. Over the years, the company was housed at guidance, we extend our heartiest congratula- The Dog Meat Festival begins on June 21st. different locations, finally settling at its current tions on this Golden Jubilee with sincere wish- More than 10,000 dogs are reported to be property in January 1906. It underwent ren- es for continued growth and service in the captured, transported in cages under horrific ovations from 1974 until 1975 to update and coming years. conditions, and slaughtered every year for this

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.013 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E790 CONGRESSIONAL RECORD — Extensions of Remarks May 25, 2016 Dog Meat festival, for human consumption, Secretary McDonald should be replaced HONORING THE LIFE OF SHERIFF which poses a risk to human health by expos- with someone who respects America’s heroes J.B. ROBERTS ing people to a multitude of diseases, includ- and ensures that no one else dies in line waiting rabies and cholera. In addition, more than ing for care at the fault of the VA. HON. RICHARD HUDSON 10 million dogs are killed annually in China for And that’s just the way it is. OF NORTH CAROLINA the dog meat trade. This festival epitomizes f IN THE HOUSE OF REPRESENTATIVES the cruelty of the industry. Many of these dogs PHELAN RESIDENT NATHANIEL Wednesday, May 25, 2016 are stolen from their owners and are still wear- STOCKS RECEIVES AWARD FOR ing their collars when they reach the slaugh- Mr. HUDSON. Mr. Speaker, I rise today to BRAVERY terhouses. Many die during transport to the honor the life and legacy of Sheriff J.B. Rob- slaughterhouses after days or weeks without erts who served the people of Cabarrus Coun- food or water, and others suffer illness and in- HON. PAUL COOK ty, North Carolina from 1956 to 1982. He jury during transport, such as broken bones. OF CALIFORNIA passed away on Monday, May 9, 2016 after The festival takes place in residential areas IN THE HOUSE OF REPRESENTATIVES complications from an injury he sustained while working on the family farm. We send our and public marketplaces, imposing scenes of Wednesday, May 25, 2016 extreme animal cruelty on local residents, in- prayers and sincerest condolences to his en- Mr. COOK. Mr. Speaker, I rise today to rec- cluding young children who may, as a result, tire family as they celebrate the life of this ex- ognize Nathaniel Stocks of Phelan, California. suffer psychological trauma and desensitiza- traordinary man. On Friday, May 13, 2016, Nathaniel was tion. It is a spectacle of extreme animal cruelty Except for his time at Mars Hill College and awarded the ‘‘Hope and Courage Award’’ from for commercial purposes. This practice, in my a stint in the Navy during WWII, Sheriff Rob- the Fire & Burn Foundation. opinion, is completely unacceptable, and can erts spent his entire life living and working on Nathaniel was selected to receive this his farm in Midland, NC. During the war, he be stopped by the diligent efforts of members award because of his heroic actions during the of the Chinese government. served his nation on the U.S.S. Yorktown as early morning hours of November 7, 2015. A a trainer on one of the ship’s five-inch guns. Tens of millions of people around the world fire started in his bedroom and awoke five- have called upon the Government of China, Roberts’ service took him to several major en- year-old Nathaniel from his sleep. Fearing for gagements in the Pacific theater including the the Governor of the Guangxi Autonomous Re- the safety of his grandmother, young Nathan- gion, and the Mayor of Yulin to officially end Battle of Coral Sea and the Battle of Midway iel crawled below the smoke to her bedroom where he spent several hours in the water be- the Dog Meat Festival and stop the mass and alerted her. Both Nathaniel and his grand- slaughter of dogs all year round in Yulin. In fore his rescue when the Yorktown was sunk. mother escaped from the home without injury. As Sheriff of Cabarrus County, Roberts addition, it is often wrongly assumed to be a The San Bernardino County Fire Depart- earned the respect of everyone he worked Chinese tradition, however, the majority of ment also deserves recognition for their role with. Never one to sweat the little things, he people in China do not consume dog meat during this incident. Just two days prior to the was known as a selfless, humble, and incred- and dog meat is not a part of mainstream Chi- fire, Nathaniel attended a school tour of Coun- ibly hardworking man. He continued to serve nese culinary practice. Millions of Chinese citi- ty Fire Station 10 where the students were as a mentor and role model for the next gen- zens recently voted in support of a legislative given fire safety lessons. Without a doubt, the eration of public servants even after his retire- proposal by Zhen Xiaohe, a deputy to the Na- firefighters at Station 10 gave Nathaniel the ment. Almost everyone that knew Sheriff Rob- tional People’s Congress of China, to ban the knowledge and skills necessary to ensure this erts could share a story of how he impacted dog meat trade. Alongside these voices, I positive outcome. their life in one way or another. You would be have already written a letter to the Chairman I would like to congratulate Nathaniel Stocks hard pressed to find a man who was more ad- of the National People’s Congress Standing for this momentous achievement. It is an mired by the people he served than Sheriff Committee urging him to draft legislation to honor to represent you in the United States Roberts. prohibit this festival from taking place ever House of Representatives. Mr. Speaker, please join me today in com- again. f memorating the life of Sheriff J.B. Roberts for Mr. Speaker, I urge my colleagues to sup- his service to God, country and his commu- port this resolution, and sincerely hope that HONORING ROBERT AND ELLEN nity. the House Republican Leadership will bring MULFORD this critically important measure to the floor f without delay. HON. LUKE MESSER PEARLAND ISD CAMPUS GLENDA f OF INDIANA DAWSON FIRST-YEAR TEACHERS LIVING IN A WORLD OF MAKE IN THE HOUSE OF REPRESENTATIVES BELIEVE Wednesday, May 25, 2016 HON. PETE OLSON OF TEXAS Mr. MESSER. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES recognize Robert & Ellen Mulford of Versailles, HON. TED POE Wednesday, May 25, 2016 OF TEXAS Indiana, and celebrate the 30th anniversary of IN THE HOUSE OF REPRESENTATIVES the Conservation Reserve Program (CRP). Mr. OLSON. Mr. Speaker, I rise today to Dr. Robert and Ellen Mulford have enrolled congratulate the following teachers of Wednesday, May 25, 2016 over 238 acres into six different CRP practices Pearland Independent School District for being Mr. POE of Texas. Mr. Speaker, the VA is that focused on wildlife habitat and environ- named Campus Glenda Dawson Teachers of not the ‘‘Happiest Place on Earth.’’ It is not mental preservation by creating wetlands and the Year. Disneyland, and our veterans are not living in planting trees. Each school year, principals, teachers and a world of make-believe. Secretary McDonald CRP is an important program that helps pre- staff members are recognized by the school should be ashamed of himself for belittling our serve wild life habitats by reducing soil erosion district with various awards as a reflection of veterans. Dying in line waiting for medical and encouraging the planting of native species their hard work and dedication to their stu- services is not the same as waiting for Mickey that will improve environmental quality. In five dents and the school as a whole. This year 20 Mouse. years, with the help of CRP, Robert and Ellen teachers were awarded with the title ‘‘Campus Disneyland wait times are a matter of Mulford have been able to completely change Glenda Dawson Teachers of the Year’’: hours—not months. Reports find that nearly the landscape of their farm. The Mulfords plan Elandrea McMillan from Carleston Elementary, half of vets never see a doctor because of fail- to continue to showcase and improve the Ca- Caitlin Walsh from Challenger Elementary, ure of VA staff to schedule an appointment. pability Farm as a commitment to nature and Page Madison from Cockrell Elementary, Holly The VA owes our veterans an apology. Vet- hope to share it in as many different ways as Martinez from C.J. Harris Elementary, erans should be allowed to get vouchers for possible. KellyAnn Walker from Lawhon Elementary, Jo- private physicians. As the CRP marks this important milestone, anna Kelley from Magnolia Elementary, Aman- Next week we observe Memorial Day—hon- I ask the entire 6th Congressional District to da Delgado from Massey Ranch Elementary, oring our warriors who died for America. We join me in congratulating Robert & Ellen Jennifer Rayner from Shadycrest Elementary, also will honor those who fought in faraway- Mulford. We can all appreciate and learn from Laura Kesseler from Silvercrest Elementary, distant lands just to come home and be a cas- their deep commitment to the environment and Amy Klepper from Silverlake Elementary, Brit- ualty of the VA’s incompetence. their community. tany Suarez from Alexander Middle School,

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.018 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS May 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E791 Charlotte Raggette from Rogers Middle cuss and develop policy recommendations to scene investigation. Charles is also a certified School, Jessica Stone from Sablatura Middle strengthen the child welfare system and im- advanced accident investigator and accident School, Carl Coleman from Berry Miller Junior prove the overall well-being of youth and fami- reconstruction specialist. High, Jennifer Crutcher from Pearland Junior lies throughout the United States. It has been Charles’ contributions to the law enforce- High East, Katie Bruno from Pearland Junior an honor to take part in this program. ment operations in the City of Euless have High South, John Aleman from Pearland Jun- Therefore, Mr. Speaker, I applaud Ms. helped to ensure that countless officers have ior High West, Daniel Nava from Dawson High Jameshia Shepherd for her dedication to been adequately trained and prepared for the School, Brittany Doyle from Pearland High serve those in her community and commit- challenges they face in their everyday duties School, and John D. Robinson from Turner ment to helping young individuals like her to in the police force. His legacy will leave a last- College and Career High School. These build a bright future. ing mark on the City of Euless and the Euless teachers go above and beyond to inspire their f Police Department for many years to come. students and create a supportive educational Mr. Speaker, it is a pleasure to recognize environment. We are grateful for their commit- OUR UNCONSCIONABLE NATIONAL the exhaustive efforts Charles has contributed ment to education and providing a safe, inspi- DEBT to the City of Euless. I ask all of my distin- rational learning environment for our students. guished colleagues to join me in recognizing On behalf of the Twenty-Second Congres- HON. MIKE COFFMAN Charles Skiles and his many years of service. sional District of Texas, congratulations again OF COLORADO f to these dedicated Pearland teachers for IN THE HOUSE OF REPRESENTATIVES HONORING MRS. CLARISSA (T.C.) being named Campus Glenda Dawson Teach- Wednesday, May 25, 2016 FREEMAN ers of the Year. We thank them for all that they do. Mr. COFFMAN. Mr. Speaker, on January HON. ED WHITFIELD f 20, 2009, the day President Obama took office, the national debt was OF KENTUCKY PERSONAL EXPLANATION $10,626,877,048,913.08. IN THE HOUSE OF REPRESENTATIVES Today, it is $19,212,492,715,543.24. We’ve Wednesday, May 25, 2016 HON. KAY GRANGER added $8,585,615,666,630.16 to our debt in 7 Mr. WHITFIELD. Mr. Speaker, I rise today OF TEXAS years. This is over $7.5 trillion in debt our na- to honor the life and legacy of my friend, Mrs. IN THE HOUSE OF REPRESENTATIVES tion, our economy, and our children could Clarissa (T.C.) Freeman. T.C. passed away have avoided with a balanced budget amend- last Thursday morning after a long, coura- Wednesday, May 25, 2016 ment. geous battle. She was a personal friend, but Ms. GRANGER. Mr. Speaker, on Roll Call f more importantly, she was a friend to every No. 235, had I been present, I would have man and woman who wears our Nation’s uni- CONGRATULATING CHARLES voted Yea. form. Her dedication to the United States SKILES ON HIS RETIREMENT On Roll Call No. 237, had I been present, Army endured throughout her life and her dis- FROM THE EULESS POLICE DE- I would have voted Aye. tinguished record of service to our country has PARTMENT On Roll Call No. 238, had I been present, left a lasting impression on everyone who I would have voted Yea. knew her. f HON. KENNY MARCHANT This point became abundantly clear during OF TEXAS her funeral service over the weekend where WELCOMING JAMESHIA SHEPHERD IN THE HOUSE OF REPRESENTATIVES several hundred people came to pay their re- TO THE HOUSE OF REPRESENTA- Wednesday, May 25, 2016 spects to the woman affectionately known as TIVES ‘‘Fort Campbell’s Mom.’’ Among those was Mr. MARCHANT. Mr. Speaker, I rise today General Richard A. Cody, former Vice Chief of HON. DANIEL T. KILDEE to congratulate Charles ‘Chuck’ Skiles on his Staff of the United States Army and former OF MICHIGAN well-earned retirement from the City of Euless, Commanding General of the 101st Airborne IN THE HOUSE OF REPRESENTATIVES Texas, Police Department after thirty-two Division (Air Assault) and Fort Campbell, who years of dedicated service. Wednesday, May 25, 2016 provided the eulogy. General Cody’s remarks Charles’ esteemed career began when he perfectly captured what made T.C. so special Mr. KILDEE. Mr. Speaker, I ask the United enlisted in the United States Marine Corps in to us, and with his permission, I share his States House of Representatives to join me in 1977. Stationed in Oceanside, California, he words again today: welcoming my constituent, Ms. Jameshia achieved the rank of Sergeant during his two ‘‘As we gather here today to celebrate the Shepherd, to Congressional Foster Youth tours and was granted a reserve commission life and the gift of T.C. Freeman, I have the Shadow Day. with the Oceanside Police Department. In distinct privilege and honor of putting into Today, I am honored to be joined by 1983, after receiving an honorable discharge words and trying to capture a very extraor- Jameshia Shepherd, who is shadowing me as from the Marine Corps, Charles, wishing to dinary human being and how she touched part of the 2016 Congressional Foster Youth continue his career in law enforcement, joined each and every one of us. As difficult as this Day. Throughout her time with me, I have had the Euless Police Department. is, I hope my thoughts and words represent the opportunity to learn more about Jameshia Since joining the department, Charles has the feelings of so many of you. and she has had the opportunity to learn more honorably served his community and built a In describing T.C. Freeman many cliche´s about my work in Congress. reputation as a hardworking and respected of- come to mind, like ‘‘one of a kind—a true Jameshia is a remarkable young woman ficer. In his thirty-two years of service, Charles force of nature—a friend to all and a stranger who has dedicated herself to help enrich the has received over 28 police commendations, to none—small in stature but larger than life.’’ lives of those who, like her, have grown up in recognizing his professionalism and service to She was those things—but T.C. was anything the foster care system. Like me, Jameshia is community. Charles has been described as an but cliche´. We will never meet another T.C. studying social work. She hopes to pursue her excellent detective with outstanding investiga- Freeman. She wore many hats, played many law degree with the intention of eventually tive skills and a dedicated, self-sacrificing po- roles—as she championed her many causes; working with juvenile delinquent youth. Using lice officer. Charles has been nominated for every one of them having to do with Soldiers, her experiences as a template for a brighter the Police Officer of the Year Award, Distin- their families, her beloved 101st Airborne Divi- future, Jameshia has shown a great dedication guished Service Award, and two Life Saving sion, the 160th Special Operations Aviation to her fellow community members. I am con- Awards. Regiment, and 5th Special Forces Group. She fident that her passion to impact young lives Charles’ dedication as an officer is apparent was an untiring champion of all of Fort Camp- will prove to be a determining factor in the fu- in his pursuit of continued education and bell and we will all feel a little bit lost without tures of young individuals like her. Her com- trainings to help provide a better service to his her in our lives. mitment is commendable, and I am honored to community. He has completed his basic, inter- The list of her accomplishments is signifi- have had the opportunity to meet her. mediate, advanced, and masters police certifi- cant and long—T.C. has been honored here Foster Youth Shadow Day, launched in cations, as well as over 1,200 hours of police within the gates of Fort Campbell and this 2011, provides Members of Congress the opin-service trainings including Special Weapons community—in the Corridors of the Pen- portunity to meet foster youth in order to dis- and Tactics, criminal investigation, and crime tagon—and in the Halls of Congress. I believe

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.023 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E792 CONGRESSIONAL RECORD — Extensions of Remarks May 25, 2016 most of you know all of her awards and hon- precedented deployments and stress on fami- surrounded by Soldiers embracing her, saying, ors—but a list of things does not fully define lies, T.C.’s reach had gone far beyond the ‘‘We love you . . . thank you for your service a person—especially a T.C. Freeman. What gates of Fort Campbell. As an AUSA Chapter . . . Welcome Home!’’ this amazing woman left behind is far greater president and a Civilian Aide to the Secretary f than the awards and accolades she received of the Army, T.C. was able to advocate and RECOGNIZING THE RETIREMENT here on earth. She left a legacy in Genera- reach even more Soldiers and families OF CAROLYN DELLA-RODOLFA tions of Soldiers and Families—past, present throughout our Army. Even with her exhaust- and future. That is why we all have gathered ing schedule traveling to D.C. and beyond; here today—many of you traveling great dis- she never tired of greeting planeloads of Sol- HON. MICHAEL G. FITZPATRICK tances to be here—We are Her Legacy. diers returning to Campbell Army Airfield. OF PENNSYLVANIA T.C. was a devoted wife to Bobby for 55 Often driving to the airfield in the middle of the IN THE HOUSE OF REPRESENTATIVES years, loving him, following him, and sup- night, to greet a plane, she was devout and Wednesday, May 25, 2016 porting him in his Army career, and a devoted steadfast in her loyalty to Soldiers. Mr. FITZPATRICK. Mr. Speaker, I rise today mother to Gil, William, and Robert. A true mili- The 101st Airborne Division, with all of its to recognize the retirement of Carolyn Della- tary family with both sons serving and their tenant units, was her family. It was obvious to Rodolfa. daughter, an Army wife. Later T.C. reveled in any and all of us, that she would do anything Congratulations to Carolyn Della-Rodolfa, the accomplishments of their 3 grand- for her post. And how great it was for so many who is recognized by her peers and commu- children—Clytie, Richard and Sarah. We thank of us to return again and again, knowing that nity organizations as one who embodies the each of you—her family—for sharing her with T.C. and Bobby were always there to welcome true spirit of volunteerism, having served as us for all these years. us. I remarked more than once that, First La- chairman of the boards of Doylestown Hos- I first met the Freemans in 1984 . . . Bobby dies of the 101st come and go every 2 pital, Doylestown Health Foundation, was still on active duty, the Garrison Com- years—but T.C. Freeman was the First Lady Doylestown Health Physicians and the Health mander of the 101st and T.C. was not just any of Fort Campbell for life. & Wellness Center of Doylestown Hospital. Army wife, but the epitome of an Army wife. One of her many unique qualities was her Her leadership encompasses years of valu- Like others in her generation, she saw being ability to relate to anyone; Soldier or 4 star able participation in strategic planning groups a supportive Army wife as a privilege and an general. She was as comfortable in the hang- that have helped change health care delivery honor that carried with it the responsibility of ar welcoming Soldiers as she was shaking in the Bucks County community. In addition, passing on the traditions of Army life to the hands with Senators and Congressmen on she is a student who consistently attends next generation of wives. As a young major’s Capitol Hill. And as she mentored Army seminars, reads and studies to broaden her wife, new to the 101st Airborne Division, my spouses, she was not above mentoring and knowledge. Under her tutelage, Doylestown wife Vicki, like so many others, found a role lecturing commanding generals, to include this Hospital and its related parts greatly expanded model in T.C. Freeman. And that was just the one. I always knew when T.C. began a sen- the quality and breadth of healthcare services. beginning of a long and enduring friendship. In the early years—As an Army wife to tence with Richard, instead of Dick, that I was Notably, Ms. Della-Rodolfa’s social and busi- Bobby—she sent him off to war and welcomed about to get a tasking. But I didn’t mind be- ness acumen has had a financial impact on him home from Viet Nam. Later she would re- cause her tasking always had to do with a the total community beyond lifesaving mind us all how important it is to take care of Soldier or family member who needed help, healthcare and life-improving wellness care. the Families of our deployed Soldiers and to had fallen through the cracks, or was getting Retiring, with the appreciation and gratitude of give a Hero’s Welcome to our returning Sol- a bad deal; it was never for her . . . so how her colleagues and community, this out- diers—something that was not done for our could I say no? One time after one such standing volunteer/leader clearly has set an Viet Nam Veterans. T.C. vowed that would not tasking, I was curious and I asked her if she example for others to follow. happen again and was part of the driving force had already told the Soldier it was a done f behind hundreds of Welcome Home Cere- deal. She replied, ‘‘Of course I did, Richard. BUSINESS RAIDING AND ASSET monies beginning after Desert Storm, con- Now you will have to figure out how to get it GRABBING IN RUSSIA tinuing through the 90’s and the Kosovo rota- done!’’ I couldn’t help but laugh. She was a tions, and currently the deployments to Iraq piece of work . . . HON. CHRISTOPHER H. SMITH and Afghanistan. At any hour of the day or But the one task I hoped never to have to do, the one thing I did not want to be asked OF NEW JERSEY night, you would find T.C. at Hangar One talk- IN THE HOUSE OF REPRESENTATIVES ing to our waiting Families, setting up refresh- came last year when she realized what was ments, offering advice, encouragement, and ahead of her . . . Her final tasking was for me Wednesday, May 25, 2016 thanks. Once the official ceremony was over to give the eulogy at her funeral. Not wanting Mr. SMITH of New Jersey. Mr. Speaker, I’d and the Families left the bleachers to embrace to face the inevitable, I jokingly replied, ‘‘I’ll do like to bring to my colleagues’ attention an illu- their Soldier, T.C. watched for any Soldier who yours, if you’ll do mine.’’ I wanted so much to minating report on corruption and corporate did not have someone—she would walk up turn her down, but I had never said no to T.C. dispossession in Russia. Written by Dr. Louise and hug that Soldier, saying, ‘‘I am T.C. Free- Freeman and I wasn’t about to say no for Shelley and Judy Deane of George Mason man—I love you and thank you for your serv- something so important to her. Especially University’s Terrorism, Transnational Crime ice . . . Welcome home!’’ She was tireless in when she remarked with her sly grin—‘‘Be- and Corruption Center, ‘‘Reiderstvo: Implica- her commitment to our returning Soldiers. sides Richard, You are an Army Aviator—and tions for Russia and the West,’’ concisely lays Those of us who have known T.C. for dec- I know you will exaggerate . . . like you al- out the systematic tactics, fraud and corruption ades have watched her transition and change ways do!’’ of business raiding and asset grabbing in Rus- with the times . . . from Army wife to Army In her last role, she was sidelined and sia. mom to a powerful voice for Soldiers and their forced to work out of her bedroom for the past The most well-known case is that of the families. For the first half of her life she sup- year. But work it she did . . . texting and Yukos Oil Company, which not only saw its ported Bobby in his career, but in the second facebooking with her many fans and admirers, Russian founder Mikhail Khodorovsky impris- half, it was Bobby by her side, supporting her both young and old. Until the end, she enter- oned for ten years in a Siberian gulag while endeavors. What an inspiration for women of tained her hundreds of well-wishers from her his $22 billion company was dismantled under any generation. And through all of the years, bed, showing us the grace and dignity that the guise of $22 billion in unpaid tax claims. all of the many changes in our Army and Fort were synonymous with her. A corporate entity, Yukos shares were con- Campbell, T.C. never lost sight of her true I hope that someday there is a bronze stat- fiscated and assets sold off at rigged auctions, mission in life . . . to make the Army, specifi- ue of T.C.—and I think it should be of her without any regard for even its international— cally Fort Campbell, a better place for every- hugging a Soldier, something that she did for including U.S.—shareholders. As some of you one, Soldiers and family members alike. She decades and something we will always re- may recall, I held a hearing last fall on the opened her home, her arms, and her heart to member her for. I have a feeling she is looking Russian government’s violations of the rule of each and every one of us. Advocating for Sol- down today, very pleased with the love and law, which examined the challenges these in- diers and their families would become T.C.’s support being shown her family but she knew vestors faced in enforcing the Permanent most important role and contribution to our that she was needed in heaven. Court of Arbitration’s $50 billion finding of un- Army. On Thursday there was a Welcome Home lawful appropriation against the Russian gov- By the time we entered this new era and ceremony . . . but this one was not in Hangar ernment. It turns out Yukos is only the tip of what is now our Nation’s longest war with un- One . . . it was in Heaven. I picture her now the iceberg.

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.028 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS May 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E793 The reiderstvo report neatly encapsulates a between human rights violations and govern- HONORING THE LIFE OF ROBERT Russian phenomenon that both contributes to, ments that engage such grotesque forms of HANSON and is accelerating as a result of, Russia’s corruption. One connection, of course, is that economic decline. According to the authors, rampantly corrupt governments commit human HON. CHERI BUSTOS Russian corporate raiding practices, facilitated rights violations in order to cover up their OF ILLINOIS and even directed by the Kremlin, are ‘‘con- crimes, or those of the mafias that dominate IN THE HOUSE OF REPRESENTATIVES tributing to Russia’s current unfriendly busi- them. Such was the famous case of the heroic Wednesday, May 25, 2016 ness climate and to declining investor con- Sergei Magnitsky. The kind of government fidence in the country.’’ Russia’s uniquely de- corruption we see in Russia today, manifesting Mrs. BUSTOS. Mr. Speaker, I rise today to structive practice of corporate raiding not only itself in the ruthlessness of reiderstvo, is that mourn the passing of Robert ‘‘Bob’’ Hanson, has dire ramifications for the Russian people which imperils the human rights of the Rus- who served as the Chairman and CEO of and any remaining foreign investors, it has sian people. Deere & Company from 1982 to 1990. Both as a citizen and a businessman, Bob long term implications for Russian stability. Mr. Speaker, this report is a much needed was invaluable to the Quad-Cities and our re- Reiderstvo (literally ‘‘raiding’’), an ominous and critical assessment of Russian corruption gion. During his tenure as CEO, Bob guided and violent practice in Russia since the early at the highest levels of authority and has im- John Deere through the farm crisis of the 1990s, is vastly different from U.S. corporate portant implications for U.S. foreign policy in 1980s, and kept up company morale during a ‘‘raiding’’—that is, hostile takeovers by outside the dimensions of human rights and rule of decade rife with layoffs and downsizing. He fo- shareholders. Reiderstvo represents both pri- law and commercial relations. cused on developing Deere as a good cor- vate acquisition of business assets and public The report may be found at expropriation through a series of illegal bul- porate citizen that gave back to Moline, and www.reiderstvo.org. I strongly urge my col- made time to engage and build relationships lying tactics that allow raiders to sell off a leagues to read it. company’s assets, often to a state controlled with employees at every level of the company. Later CEOs have credited Bob with laying the entity, and rapidly launder the proceeds, mak- f ing massive profits and destroying businesses foundation for Deere’s future success. In addition to his business success, Bob in the process. PEARLAND ISD CAMPUS This particular report is noteworthy for its TEACHERS OF THE YEAR also gave back to the community as an indi- documentation of two aspects of reiderstvo. vidual. In the middle of earning his degree, Bob served our country for three years as a First, reiderstvo and asset grabbing is far HON. PETE OLSON more widespread and imbedded in Russian Marine in World War II. His passion for help- business culture than most people outside of OF TEXAS ing others led him and his wife, Patricia, to Russia have thought. Astonishingly, Russian IN THE HOUSE OF REPRESENTATIVES contribute generously to his alma mater, Augustana College, and establish a scholar- President Putin himself said that the number Wednesday, May 25, 2016 of current arrests for economic crimes sug- ship for the Quad-City Symphony Orchestra. Mr. Speaker, as we commemorate Bob’s gests that tens of thousands of companies of Mr. OLSON. Mr. Speaker, I rise today to life, and his dedication to our community, my all sizes in Russia continue to be harassed, in- congratulate the following teachers of thoughts and prayers are with Bob’s wife, Pa- timidated, robbed, and outright stolen. Pearland Independent School District for being Second, the study analyzes major cases of named Campus Teachers of the Year. tricia, and the rest of his family during this dif- corporate raiding, and identifies the most com- Each school year, principals, teachers and ficult time. mon raiding tactics. These tactics include mali- staff members are recognized by the school f district with various awards as a reflection of cious prosecutions (false charges), malicious IN RECOGNITION OF THE CAPE their hard work and dedication to their stu- tax inspections, regulatory harassment, mis- COD MUSEUM OF ART use of shares and shareholder protections, dents and the school as a whole. This year 23 misuse of the banking system, abuse of inter- Pearland teachers were awarded the title HON. WILLIAM R. KEATING national law enforcement, ‘‘Dark PR’’ cam- ‘‘Campus Teachers of the Year’’: Jennifer OF MASSACHUSETTS paigns, and even violence. In any given raid Black from Carleston Elementary, Anne IN THE HOUSE OF REPRESENTATIVES against a business, it is likely that several of Romolo from Challenger Elementary, Patricia these tactics will be used simultaneously. Guel from Cockrell Elementary, Tiffany Cox Wednesday, May 25, 2016 From their case studies the authors extract from C.J. Harris Elementary, Katie Strong from Mr. KEATING. Mr. Speaker, I rise today to four stages of the reiderstvo process: prepara- Lawhon Elementary, Lisa Rocha from Mag- recognize the Cape Cod Museum of Art on tion, negotiation, execution, and legalization. nolia Elementary, Christina Morton from their 35th anniversary. In the case of OGAT, Ltd., one of the larg- Massey Ranch Elementary, Maureen Clayvon- Thirty-five years ago, Harry Holl and Roy est and most successful transportation compa- Wright from Rustic Oak Elementary, Ruth Freed brought to life their vision for a museum nies in Russia, raiders used fraudulent docu- Mondich from Shadycrest Elementary, Katie that honors and celebrates the works of out- ments to sell off company assets. In the case Cruz from Silvercrest Elementary, Gay standing artists from the Cape Cod region in of TogliattiAzot, Russia’s largest ammonia Stricklin from Silverlake Elementary, Kristine Massachusetts. Mr. Holl, a renowned potter, company, the company underwent 120 tax in- Holland from Alexander Middle School, sculptor, painter, and a Dennis resident him- spections in 18 months and was assessed Rebekkah Rudd from Jamison Middle School, self, lived out the same values that comprise $150 million in alleged unpaid taxes in order Crystal Hildebrand from Rogers Middle the museum’s mission. As a teacher, he in- to try to force the company into bankruptcy, School, Connie Medley from Sablatura Middle spired his students and developed local art making it easier and cheaper to acquire. School, Shaterra Jackson from Berry Miller programs. Mr. Freed, both a lawyer and a Yevroset, a highly successful mobile phone Junior High, Lori Sandman from Pearland Jun- sculptor, was dedicated to providing a venue operator, was the victim of three raids in which ior High East, Lana Garcia from Pearland Jun- to showcase the talents of our community. He $1.4 million worth of cell phone handsets were ior High South, Mara Williams from Pearland brought together supporters at the founding of taken, tax charges levied against one of its Junior High West, Troy Myers from Dawson the Museum, and he contributed to the re- suppliers, and searches made of the homes of High School, Jennifer Duggan from Pearland markable achievements and growth of this top managers, all to force owners to sell the High School, Hunter Morgan from Turner Col- museum. company to a raider. lege and Career High School, and Ann Lowrey What started with ten local supporters, the It is easy to draw parallels from these cases Merrill from the PACE Center. These teachers Cape Cod Museum of Art now houses seven to the more famous cases of Hermitage Cap- go above and beyond to inspire their students exhibition galleries, the Weny Education Cen- ital and the Yukos Oil Company and dem- and create a supportive educational environ- ter, a screening room, an outdoor sculpture onstrate the state’s own growing role in cor- ment. We are grateful for their commitment to garden, and a permanent collection of more porate raiding. education and providing a safe, inspirational than 2,000 works of art. Artists across the na- Mr. Speaker, as Chairman of the Human learning environment for our students. tion have drawn inspiration from our local Rights subcommittee and of the Helsinki Com- On behalf of the Twenty-Second Congres- community and our beautiful landscapes. I am mission, I have focused much of my congressional District of Texas, congratulations again proud to say the museum is esteemed nation- sional work on fighting for human rights—for to these dedicated Pearland teachers for wide, with the recent exhibit ‘Breaking the all human rights, throughout the world. And being named Campus Teachers of the Year. Mold’ which featured outside artists drawing countless times I have seen the connection We thank them for all that they do. 718 submissions by 227 artists from 29 states.

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.030 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E794 CONGRESSIONAL RECORD — Extensions of Remarks May 25, 2016 The Cape Cod Museum of Art continues to Dick put a lot of care and dedication into his Mayor of Hanford in December of 2015. I have serve an important mission. It is dedicated to work. After taking over the family business, he no doubt his work ethic, combined with his preserving our heritage and engage our com- expanded Miller’s Merry Manor across the knowledge of public policy and his community, munity in local art appreciation has proved to state and employed over 3000 Hoosiers. With will be immensely valuable to the citizens of be invaluable. The museum promotes art ap- the help of his siblings, they made Miller’s Hanford. preciation through great programs, workshops, Health Systems one of the largest 100 percent Mr. Speaker, I ask my colleagues in the and classes. The Resource Library serves as employee owned companies in the nation. United States House of Representatives to a hub for learning the history of Cape Cod art- Providing quality care to thousands and re- join me in commending Justin Mendes for his ists, past and present. As a proud member of warding those dedicated employees is a true public service to the people of the Central Val- this community, I am grateful for the work the testament to his character and the reason why ley and wishing him well in this next chapter museum has done in preserving our cultural Miller’s Merry Manor continues to be success- of his life. history. ful after 52 years. f Mr. Speaker, I ask my colleagues to join me He continued to serve unofficially as a vital in honoring the Cape Cod Museum of Art as resource of good advice and wisdom to those PEARLAND ISD PRINCIPALS OF they celebrate this joyous milestone. I look for- in office, such as myself, up until his last day. THE YEAR ward to seeing what the future brings to this He was gracious enough to be a member of pillar of the Cape Cod art community. my Healthcare Advisory Team, where his HON. PETE OLSON f counsel was helpful in my efforts to determine OF TEXAS how to best serve the people of Indiana and IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE RETIREMENT our country, though his advice was not limited OF THOMAS R. MACFARLAN to healthcare as he was well versed in many Wednesday, May 25, 2016 aspects of public policy and economics. I will Mr. OLSON. Mr. Speaker, I rise today to HON. MICHAEL G. FITZPATRICK always be thankful for his invaluable advice congratulate the following Principals of OF PENNSYLVANIA and friendship over the years. Pearland Independent School District for being Dick leaves Jane, his beloved wife of almost IN THE HOUSE OF REPRESENTATIVES named Principal of the Year. 55 years, two children, six grandchildren and Each school year, principals, teachers and Wednesday, May 25, 2016 five great grandchildren to carry on his legacy staff members are recognized by the school Mr. FITZPATRICK. Mr. Speaker, I rise today of service to fellow Hoosiers. I believe this district with various awards as a reflection of to recognize the retirement of Thomas R. world is a better place because of his compas- their hard work and dedication to their stu- Macfarlan. sionate service to our community, state and dents and the school as a whole. This year, Congratulations to Thomas R. Macfarlan on nation. Rest in peace Dick, you will not be for- the two principals that were awarded with the the occasion of his retirement as Nockamixon gotten. title ‘‘Principal of the Year,’’ are Verna Tipton Township’s Emergency Management Coordi- f from Sablatura Middle School and Jason nator. Beginning in June 1994, his tenure has Frerking from Pearland Junior High South. IN RECOGNITION OF MR. JUSTIN been marked with outstanding contributions to These principals have gone above and be- MENDES the safety and security of area residents. He yond to inspire their students and create a wrote the township’s first Emergency Oper- supportive educational environment. We are ations Plan, which brought Nockamixon into HON. DAVID G. VALADAO grateful for their commitment to education and compliance with the Pennsylvania Emergency OF CALIFORNIA providing a safe, inspirational learning environ- Management directive, helped write the first IN THE HOUSE OF REPRESENTATIVES ment for our students. school district Emergency Management Oper- Wednesday, May 25, 2016 On behalf of the Twenty-Second Congres- ations Plan and many other effective plans to Mr. VALADAO. Mr. Speaker, I rise today to sional District of Texas, congratulations again deal with emergency situations and events in thank Mr. Justin Mendes for his service to my to Principals Tipton and Frerking for being Nockamixon. He has distinguished himself office and California’s Central Valley. named Principal of the Year. On behalf of our with responsible service and countless con- Mr. Mendes was born on September 17, children, we thank them for all that they do. tributions to his community. Mr. Macfarlan also 1986 in Fresno, California to Tom Mendes and f is known for the key role he played in devel- Karen Carreiro. After attending Riverdale High opment of regional EMA groups and under his School in Riverdale, California, Mr. Mendes IN APPRECIATION OF RAMZI NEMO direction, the Nockamixon EMA is acknowl- went on to receive his Bachelor’s Degree in edged in many communities for its leadership Business Administration from the University of HON. BENNIE G. THOMPSON in Bucks County, Pennsylvania and also New the Pacific in Stockton, California. Upon his OF MISSISSIPPI Jersey. Thomas R. Macfarlan leaves his post graduation in 2008, Mr. Mendes worked in the IN THE HOUSE OF REPRESENTATIVES with the appreciation of the citizens he so will- banking industry, specifically in agricultural Wednesday, May 25, 2016 ingly and ably served. lending. f In 2010, Mr. Mendes began his career in Mr. THOMPSON of Mississippi. Mr. Speak- public service with my office in Hanford, while er, I rise today to express my appreciation for TRIBUTE TO V. RICHARD (DICK) I was then serving in the California State As- the contributions of Ramzi Nemo to the work MILLER sembly. Upon my election to the United States of the Committee on Homeland Security on House of Representatives in 2012, he contin- the occasion of his return to the U.S. Govern- HON. TODD ROKITA ued his service as my District Director, a posi- ment Accountability Office (GAO). OF INDIANA tion he held until March, 2016. During his time Since March 2015, Mr. Nemo has shared IN THE HOUSE OF REPRESENTATIVES as District Director in my office, Mr. Mendes his considerable expertise in acquisitions and demonstrated himself to be a person of out- sourcing management as a detailee on my Wednesday, May 25, 2016 standing character and work ethic. His knowl- Committee staff. In his time with the Com- Mr. ROKITA. Mr. Speaker, I rise today to edge of the Twenty-First Congressional Dis- mittee, Ramzi helped staff 10 hearings on top- honor a prominent Hoosier leader and my trict of California was immensely beneficial to ics as diverse as the policy questions sur- dear friend, Mr. V. Richard (Dick) Miller who my office and my constituents. Throughout his rounding the closing of the prison in Guanta- passed away on May 18, 2016 surrounded by career, Mr. Mendes has been an invaluable namo Bay, Cuba to climate change to vehicle his loving family. asset to Team Valadao and the people of fleet management. Additionally, Mr. Ramzi Dick was born in Des Moines, Iowa and California’s Central Valley. Without his advice provided specialized technical expertise with moved to Warsaw, Indiana with his family as and friendship, I would not be where I am at respect to oversight of the Department of a young child. He received his undergraduate today. Homeland Security’s Management Directorate, degree from Purdue University and earned a In March of 2014, Mr. Mendes and his particularly with respect to how it handles its MSBA from Indiana University South Bend in fiance´e Melissa celebrated the birth of their information technology, personnel, and real 1972. In 1976, Dick was elected State Senator first child, Alexander. Their family currently re- property. and served for three terms in the Indiana Gen- sides in Hanford, California. Strengthening the effectiveness of the De- eral Assembly, half of his service on the Sen- Mr. Mendes again demonstrated his dedica- partment’s acquisitions program has been a ate Republican leadership team. tion to public service when he was elected central focus of the Committee’s work and,

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.033 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS May 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E795 with Mr. Nemo’s contributions, Committee ing a criminal who was sexually abusing two financial gain of the very few. I ask you to join Democrats successfully advanced a number of young boys in her care. They put a stop to the me in taking the side of people like Heather by legislative proposals that were incorporated nightmare of abuse for these two children and, supporting CMS’s proposal. into H.R. 3572, the ‘‘DHS Headquarters Re- by gathering forensic evidence at the scene, PHARMA CAN BUY TIME. I CAN’T. form and Improvement Act.’’ discovered leads on an international ring of HEATHER BLOCK MAY 23, 2016 Finally, I would like to acknowledge that, crime and exploitation. Their work to date has I testified before the House Energy and during his time with the Committee, Mr. Nemo led to more than 25 arrests across the United Commerce Committee’s Subcommittee on provided consistent and positive contributions States and Europe. Health last week. It was a big deal for me. As to the work of the Subcommittee on Oversight It is my privilege to congratulate these brave I told my brother, I want my niece to know that we can speak to the powers that be— and Management Efficiency and helped ad- Arizonans for their work to protect children even individuals like me, without any group vance the priorities of the Ranking Member, and keep our communities safe. Their dili- or organization to back me up. I want her to Representative BONNIE WATSON COLEMAN (D– gence in the face of terrible circumstances know that our voices can still be heard in NJ). sets an example for everyone in public serv- America. I appreciate his service to the Committee, ice. I testified about what it is like to have the Congress, and the Nation and wish him National Missing Children’s Day reminds us stage 4 cancer, and to fear bankruptcy as every success, as he returns to the GAO. much as cancer due to our health system and each year that we have more work to do to the lack of drug pricing regulation. I also f protect children from kidnapping and abuse. I said that I support a Medicare proposal to will continue to work with my colleagues on TRIBUTE TO MARIE AND RANDY evaluate ways to lower drug costs. It would both sides of the aisle to ensure public serv- reduce financial incentives that could en- FOSTER ants like the Arizona Internet Crimes Against courage doctors to use more expensive drugs, Children Task Force have the tools they need while trying several different approaches HON. DAVID YOUNG to break the cycle of child exploitation. that would improve quality of care and po- OF IOWA tentially cut drug costs for taxpayers and f patients. IN THE HOUSE OF REPRESENTATIVES I felt like most of the Representatives had Wednesday, May 25, 2016 TRIBUTE TO LOIS AND VERL already made up their minds. Probably not PAULLIN due to the actual proposal, but to the pres- Mr. YOUNG of Iowa. Mr. Speaker, I rise sures placed by groups that would lose today to recognize and honor Marie and money if the so-called Medicare Part B Randy Foster of Oakland, Iowa, on the very HON. DAVID YOUNG Demo is launched. I joked before I testified special occasion of their 50th wedding anni- OF IOWA that I might ask, ‘‘Could anyone that doesn’t versary. They celebrated their anniversary on IN THE HOUSE OF REPRESENTATIVES receive any money from the pharmaceutical May 7, 2016. Wednesday, May 25, 2016 industry, raise their hands,’’ and that I Marie and Randy’s lifelong commitment to would probably be the only one with a hand Mr. YOUNG of Iowa. Mr. Speaker, I rise raised in the room. each other and their children, Ted, Ron, today to recognize and honor Lois and Verl Turns out my joke wasn’t that far off-base. Randy, Sammarra, Elliott, and Christy, and Paullin on the very special occasion of their Imagine my surprise when Representative their 18 grandchildren and two great-grand- Jan Schakowsky (D-Ill.) pointed out that 70th wedding anniversary. children, truly embodies Iowa values. May two of the five witnesses had several pages of Verl and Lois were married in May, 1946 their commitment grow even stronger, as they identical testimony—identical down to the and make their home in Guthrie Center, Iowa. continue to love, cherish, and honor one an- highlights. What that says to me is that the Their lifelong commitment to each other and pharmaceutical industry lobbyists are so other for many years to come. their family truly embodies Iowa’s values. As confident of their power that they can be I commend this great couple on their 50th the years pass, may their love continue to sloppy. year together and I wish them many more. I grow even stronger and may they continue to I do not have that luxury. I have limited know my colleagues in the United States time; no one knows how much with stage 4 love, cherish, and honor one another for many House of Representatives will join me in con- cancer and certainly limited means. My more years to come. gratulating them on this momentous occasion. friends jokingly call me ‘‘Dona Quixote.’’ I commend this lovely couple on their 70 But I feel urgency around the issue, and I do f years of life together and I wish them many appreciate Representative Peter Welch for CONGRATULATING THE PHOENIX more. I know my colleagues in the United pointing out this urgency. POLICE DEPARTMENT’S ARIZONA States House of Representatives will join me I know I cannot be alone. Other patients in congratulating them on this momentous oc- are slowly being bled dry by the cost of our INTERNET CRIMES AGAINST life saving drugs CHILDREN TASK FORCE UPON casion. While the Medicare Part B Demo will not RECEIVING THE ATTORNEY GEN- f solve the problem of high prescription drug ERAL’S SPECIAL COMMENDA- spending, it’s at least a thoughtful step in WHY WE NEED TO LOWER TION the right direction. I hope to keep pushing PRESCRIPTION DRUG PRICES and reminding everyone of the urgency of this issue. Americans recognize that the cost HON. KYRSTEN SINEMA of drugs is not sustainable but no one knows OF ARIZONA HON. JANICE D. SCHAKOWSKY what to do. And so far, no one knows how to OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES overcome the money and power being mobi- IN THE HOUSE OF REPRESENTATIVES lized by the drug companies to keep their Wednesday, May 25, 2016 Wednesday, May 25, 2016 profits high, even as patients go bankrupt Ms. SINEMA. Mr. Speaker, on this National While the Medicare Part B demo may not Missing Children’s Day, we come together to Ms. SCHAKOWSKY. Mr. Speaker, I would be perfect, it’s at least a step in the right di- honor the victims of kidnapping and child like to submit the following article, written by rection when everyone else seems to be more Heather Block. I encourage all of my col- interested in standing still. abuse, and recognize the extraordinary efforts Let’s proceed. of law enforcement to prevent and uncover leagues to read this short and powerful piece, Heather Block served as a witness for the these tragic crimes. which provides us with yet another personal Energy and Commerce’s Health committee Today, we are proud to announce that the testimony highlighting the need to lower the hearing on the proposed Medicare Part B Arizona Internet Crimes Against Children Task price of prescription drugs and support the Payment Demonstration Project on May 17, Force in the Phoenix Police Department is the Medicare Part B Demonstration Project pro- 2016. 2016 recipient of the Attorney General’s Spe- posed by CMS. In this article, Ms. Block de- f cial Commendation. scribes ‘‘what it is like to have stage 4 cancer, TRIBUTE TO RYAN NEWBERRY The Department of Justice awards the Attor- and to fear bankruptcy as much as cancer due ney General’s Special Commendation each to our health system and the lack of drug pric- HON. DAVID YOUNG year to an Internet Crimes Against Children ing regulation’’. Sadly, her story is not unique. OF IOWA Task Force that makes an exceptional con- Across this country, millions of people who are IN THE HOUSE OF REPRESENTATIVES tribution to the coordinated national effort already facing devastating health issues sud- against online child exploitation. denly find themselves in dire financial straits Wednesday, May 25, 2016 Phoenix Police task force members earned due to the cost of prescription drugs. Let us Mr. YOUNG of Iowa. Mr. Speaker, I rise to this honor by successfully pursuing and arrest- not forsake the wellbeing of the many for the honor and congratulate Ryan Newberry of

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.038 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E796 CONGRESSIONAL RECORD — Extensions of Remarks May 25, 2016 Council Bluffs, Iowa, for being the first recipi- Yet, before the Justice for Victims of Traf- TRIBUTE TO BABE AND FRANK ent of the Employee of the Year award spon- ficking Act (JVTA) became law, I heard about MAINS sored by the Council Bluffs Community School common issues from survivors and anti-traf- District in conjunction with the Council Bluffs ficking organizations on the national, state, HON. DAVID YOUNG Area Chamber of Commerce. Ryan is a stu- and local levels, as well as law enforcement OF IOWA dent at Thomas Jefferson High School in and local leaders. Some of the common con- IN THE HOUSE OF REPRESENTATIVES Council Bluffs and is employed by Menard’s, cerns included: Wednesday, May 25, 2016 Inc. The federal government barely funds efforts The Employee of the Year award is given to combat trafficking in the United States. Traf- Mr. YOUNG of Iowa. Mr. Speaker, I rise through a new program initiative, GROW CB, ficking victims are often arrested and treated today to recognize and honor Babe and Frank which stands for Graduation is Required in as criminals, but buyers are often not. Mains on the very special occasion of their Our Workforce in Council Bluffs. Super- Many Americans including those that inter- 60th wedding anniversary. intendent of Schools for Council Bluffs Martha act with trafficking victims—law enforcement, Frank and Babe were married on May 18, Bruckner said, ‘‘This is representative of some educators, medical professionals, and others 1956 and make their home in Guthrie Center, good work we’re doing together. The goal of —do not know about human trafficking or un- Iowa. Their lifelong commitment to each other this initiative is to raise the awareness of the derstand how to identify victims. Hearing this and their family truly embodies Iowa’s values. importance of regular school attendance, earn- message loud and clear, a bipartisan, bi- As the years pass, may their love continue to ing good grades, and earning a high diploma.’’ cameral group of Members of Congress set grow even stronger and may they continue to The GROW CB program was created as a out to write a bill using the survivor experience love, cherish, and honor one another for many school-business partnership while helping to guide us and learning from programs more years to come. businesses to invest in the future of area around the country that are working to fight I commend this lovely couple on their 60 youth and the Council Bluffs community. trafficking and serve victims. years of life together and I wish them many I applaud and congratulate Ryan Newberry CAROLYN MALONEY, a Democrat from New more. I know my colleagues in the United for earning this award. He is a shining exam- York and I lead the effort on JVTA in the States House of Representatives will join me ple of the future of our youth. I urge my col- House. Congresswoman MALONEY and I hard- in congratulating them on this momentous oc- leagues in the U.S. House of Representatives ly speak the same language. casion. to join me in congratulating Ryan Newberry for f his accomplishments in school and with his Being from New York she thinks I talk funny employment. I wish him continued success in and as a Texan I can hardly understand her PERSONAL EXPLANATION all his future endeavors. either the effort was led by another unusual pair in the Senate. f HON. SAM JOHNSON A Texas Republican, Senator JOHN CORNYN OF TEXAS JUSTICE FOR VICTIMS OF TRAF- and an Oregon Democrat, Senator RON IN THE HOUSE OF REPRESENTATIVES FICKING ONE YEAR ANNIVER- WYDEN. 11 anti-trafficking bills passed through SARY the House, including those led by some of the Wednesday, May 25, 2016 wonderful women here today. Mr. SAM JOHNSON of Texas. Mr. Speaker, HON. TED POE The bills were combined in the Senate, I missed several votes on Wednesday, May OF TEXAS came back to the House, passed overwhelm- 18, and Thursday, May 19. IN THE HOUSE OF REPRESENTATIVES ingly and were signed into law. The law ad- On Wednesday, May 18, had I been Wednesday, May 25, 2016 dresses the common problems we heard from present, I would have voted No on the Nadler the field. We created a Domestic Trafficking Mr. POE of Texas. Mr. Speaker, it hap- Amendment (Roll Call 204); Aye on the Poe of Victims Fund that makes those who harm vul- pened right under the entire community’s Texas Amendment (Roll Call 205); Yea on nerable people pay for the damage they have nose. Eight year old Jen Spry was raped and final passage of H.R. 5243, the Zika Re- caused. tortured on a daily basis. sponse Control Act, 2016 (Roll Call 207); Aye She was not kidnapped by a stranger in a A $5,000 special assessment is collected on the Buck Amendment (Roll Call 208); Aye dark alley. She was trafficked just a few doors from those convicted of human trafficking and on the Fleming Amendment (Roll Call 209); down from her mother’s house. other related charges, and goes into a Fund to No on the Lee Amendment (Roll Call 210); No It was not just Jen who was trafficked. Her provide resources to victims and those fighting on the Polis Amendment (Roll Call 211); and younger sister, a male cousin, and a whole trafficking. Aye on final passage of H.R. 4909, the Na- group of kids from her hometown of Norris- A fundamental goal of JVTA is for victims of tional Defense Authorization Act for Fiscal town Pennsylvania were victims as well. human trafficking to be treated as victims and Year 2017 (Roll Call 216). No one ever went looking for the children, not criminals. This is addressed in a number On Thursday, May 19, had I been present, simply because they never went missing. of provisions in the law, including a newly cre- I would have voted No on the Blumenauer From 3–6 p.m. every day she was forced to ated community-based block grant. Amendment (Roll Call 221); Aye on the Flem- have sex with strangers, because, as she de- We also focus on the demand—buyers, ing Amendment (Roll Call 222); No on the scribes it, it was her job. those that exploit women and children. While Sean Patrick Maloney of New York Amend- The children were coerced into participating many call these people ‘‘johns,’’ I call them ment (Roll Call 226); and Yea on final pas- and threatened into keeping it a secret. The child molesters. sage of H.R. 4974, the Military Construction trafficking finally ended when she was about John is a name from the Bible, a good guy, and Veterans Affairs and Related Agencies 10 when the neighbor suddenly moved away. not someone who pays money to abuse a fel- Appropriations Act, 2017 (Roll Call 228). Jen went to great lengths to hide the abuse low person. f from her single mother, who never found out JVTA clarifies that those who buy sex from TRIBUTE TO MARY AND PAT DOUD about the tragedies that Jen experienced. In trafficking victims are human traffickers, can fact, Jen did not speak out about what hap- and should be punished under federal law, pened until after her mother passed away. and are subject to the same penalties as sell- HON. DAVID YOUNG Stories like Jen’s drove us to write JVTA. As ers. OF TEXAS did stories like Tina Frundt’s, who joins us IN THE HOUSE OF REPRESENTATIVES today. JVTA has done a lot to change the mindset She is a huge part of the solution with her of people in this country. But we need the law Wednesday, May 25, 2016 organization Courtney’s House and her mem- to be fully implemented by all the agencies Mr. YOUNG of Iowa. Mr. Speaker, I rise bership on the U.S. Advisory Council on charged with executing the law including DOJ, today to recognize and honor Mary and Pat Human Trafficking created by JVTA as well as HHS, and DHS. Doud on the very special occasion of their the persistence of many of the groups present In order to truly be the leader in the fight 60th wedding anniversary. today. against modern day slavery. We anxiously Pat and Mary Doud were married in May The United States views itself as a leader in await the response to our letter. A society will 19, 1956 and make their home in Stuart, Iowa. the fight against human trafficking. Even going be judged by how it treats the most vulner- Their lifelong commitment to each other and as far as to grade other countries on their ef- able. their family truly embodies Iowa’s values. As forts to combat trafficking in persons. And that’s just the way it is. the years pass, may their love continue to

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.043 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS May 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E797 grow even stronger and may they continue to South Carolina Commission on Higher Edu- TRIBUTE TO CRESTON HIGH love, cherish, and honor one another for many cation, National Association of Developmental SCHOOL IJAG more years to come. Education, South Carolina Psychological As- I commend this lovely couple on their 60 sociation, Carolina Communications Associa- HON. DAVID YOUNG years of life together and I wish them many tion, Project Kaleidoscope, and others. Most OF IOWA more. I know my colleagues in the United significantly, the program’s director, Dr. John IN THE HOUSE OF REPRESENTATIVES States House of Representatives will join me Zubizarreta, is a Carnegie Foundation/CASE in congratulating them on this momentous oc- U.S. Professor of the Year, the only professor Wednesday, May 25, 2016 casion. ever from any institution in South Carolina to Mr. YOUNG of Iowa. Mr. Speaker, I rise f receive the nation’s most prestigious teaching today to recognize and congratulate the award. Creston High School iJAG program as they TRIBUTE TO THE HONORS COL- In the National Collegiate Honors Council— took top honors at the 2016 Career Develop- LEGE PROGRAM AT COLUMBIA ment Conference on May 3, 2016. COLLEGE which this year celebrates five decades of providing diverse students with superior edu- iJAG is a program that relies on real-world, cational experiences for academic and profes- project-based instructional methods and un- HON. JAMES E. CLYBURN sional careers—the Columbia College Honors conventional approaches to personal connec- OF SOUTH CAROLINA Program enjoys an enviable reputation, built tions with students. The Creston High School IN THE HOUSE OF REPRESENTATIVES from the numerous presentations by students program, directed by instructor Jerry Hartman, Wednesday, May 25, 2016 and faculty at yearly conferences, the service competed against more than 40 iJAG proof several students on the NCHC and South- grams from throughout Iowa and Illinois. The Mr. CLYBURN. Mr. Speaker, I rise today to ern Regional Honors Council Board of Direc- students competed in contests about employ- pay tribute to the Honors College Program at tors, the director’s election as NCHC and ment preparation and interview skills, critical Columbia College, a first class institution of SRHC President, two students’ recognition as thinking in business situations, leadership higher education located in my Congressional National Honors Student of the Year and one skills and basic business methods. District in Columbia, South Carolina. as runner-up, thirteen student participants in Mr. Speaker, the success of this team, their The Columbia College Honors Program was program and its director demonstrates the re- chartered in 1984 to recruit, retain, and de- NCHC Honors Semesters, four student participants in Partners-in-the-Parks programs, and wards of hard work, dedication, and persever- velop high-achieving, motivated, talented stu- ance. I am honored to represent them and the dents. At the heart of the program is the belief more. Mr. Speaker, the Honors Program is widely other team members in the United States that the outstanding student should challenge Congress. I know all of my colleagues in the her intellectual limits, working creatively and regarded as the premier, internationally ac- claimed academic program at Columbia Col- United States House of Representatives will seriously to reach her highest potential as a join me in congratulating these young people scholar, reflective learner, individual thinker, lege, and ask you and my colleagues to join me in paying homage to them. for competing in this rigorous competition and risk taker, and influential leader. The program wishing them all nothing but continued suc- requires a selection of pedagogically innova- cess. tive and rigorous courses across disciplines f and a culminating thesis or project designed to f TRIBUTE TO BEVERLY WADLE make honors learning meaningful and prac- TRIBUTE TO PAM AND MARSH tical. The program’s senior seminars—with a CHRISTIANSEN study-travel component—have engaged stu- HON. DAVID YOUNG dents in the value of experiential, global learn- OF IOWA HON. DAVID YOUNG ing in sites such as Paris, Berlin, Dublin, Bel- OF IOWA fast, New York, Orlando, Miami, London, and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES others. Wednesday, May 25, 2016 The stimulating classroom atmosphere of Wednesday, May 25, 2016 Mr. YOUNG of Iowa. Mr. Speaker, I rise honors—steeped in the liberal-arts tradition— Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and honor Beverly Wadle encourages development of critical thinking, today to recognize and congratulate Pam and of Des Moines, Iowa on the very special occa- writing, and other skills vital to an education in Marsh Christiansen of Council Bluffs, Iowa, on sion of her retirement after 25 years of faithful the twenty-first century. Fostering a culture of the very special occasion of their 50th wed- service as office manager to Trinity Lutheran serious undergraduate research and faculty ding anniversary. They were married on May Church of Des Moines. As she retires, her development, the program also continues to 7, 1966 at St. Patrick’s Church in Council church community is acutely aware that her make its mark in other professional arenas by Bluffs. dedication will be missed. promoting and supporting opportunities for stu- Pam and Marsh’s lifelong commitment to dent and faculty scholarship across dis- Mrs. Wadle has served the traditional con- each other and their children, Lori, Lisa, and ciplines. Honors students have earned de- gregation, the Trinity Lutheran Church Sunday Stacy, and their six grandchildren, truly em- grees from Princeton, Rutgers, NYU, Emory, School program, and welcomed nearby Drake bodies Iowa values. May their commitment Duke, Columbia, MUSC, Wake Forest, Elon University students to the church family, mak- grow even stronger, as they continue to love, Law School, Drew, NY School of Art, Syra- ing them feel welcomed while away at college. cherish, and honor one another for many cuse, Georgetown, University of Oklahoma, Many say that her most fulfilling work has years to come. University of Tennessee Knoxville, University been the unwavering commitment to assist the I commend this great couple on their 50th of Florida, Ohio State University, University of church’s efforts for relocation of Laotian and year together and I wish them many more. I Central Florida, University of Maryland, USC, Sudanese refugees as they build a better life know my colleagues in the United States George Washington, Howard, Texas Women’s in Iowa. She also coordinates the Lutheran House of Representatives will join me in con- University, North Carolina State University, Women’s Missionary League, Drake Lutheran gratulating Pam and Marsh on this momen- among others. Student Fellowship, and Trinity Lutheran tous occasion. Church’s partner churches, the Asian Lutheran The impact of the program on teaching ex- f cellence at Columbia College is revealed by Mission, and the Sudanese Lutheran Mission. the fact that all ten South Carolina Inde- Her daily duties have included coordinating TRIBUTE TO FLOYD ROBERT pendent Colleges and Universities (SCICU) independent day care as well as several 12- ‘‘BOB’’ BOOTS Outstanding Teacher Award recipients have step programs which use the Trinity Lutheran been honors faculty or project mentors, and Church facilities. HON. DAVID YOUNG thirty of thirty-three Columbia College Faculty I commend Beverly Wadle for living her faith OF IOWA Excellence Award winners have taught in hon- and her Iowa values. I wish her a lifetime of IN THE HOUSE OF REPRESENTATIVES ors. Honors faculty have also garnered awards joy and happiness as she embarks on a new from the American Association of Higher Edu- journey. I know my colleagues in the United Wednesday, May 25, 2016 cation, South Carolina Humanities Council, States House of Representatives will join me Mr. YOUNG of Iowa. Mr. Speaker, I rise Methodist Board of Higher Education, South in congratulating Beverly Wadle on this today to recognize and congratulate Mr. Bob Atlantic Association of Departments of English, celebratory occasion. Boots of Atlantic, Iowa, for his service to our

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A25MY8.047 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS E798 CONGRESSIONAL RECORD — Extensions of Remarks May 25, 2016 country and his community. Mr. Boots is a part I commend and congratulate Floyd Robert printing in the Extensions of Remarks of the often-titled ‘‘Greatest Generation’’ who ‘‘Bob’’ Boots for his commitment, dedication, section of the CONGRESSIONAL RECORD defended and served our country—not for and leadership to his business, community, on Monday and Wednesday of each fame or fortune but because it was the right the State of Iowa. I am proud to represent him week. thing to do. in the United States Congress. I know my col- Mr. Boots was born in 1932 and graduated leagues in the U.S. House of Representatives Meetings scheduled for Thursday, from Panora High School in 1949. He joined join me in congratulating Mr. Boots for his May 26, 2016 may be found in the Daily the U.S. Coast Guard in 1952, serving three service and wishing him the very best in the Digest of today’s RECORD. years on active duty and five years on non-ac- future. tive duty. Upon release from the U.S. Coast f Guard, he returned to his family farm. In 1956, MEETINGS SCHEDULED he married Neoma Jean Wheeldon and were SENATE COMMITTEE MEETINGS JUNE 8 blessed with three children, Steven, Judith, Title IV of Senate Resolution 4, 10:30 a.m. and Linda. In 1961, he started an upholstery agreed to by the Senate of February 4, Committee on Appropriations business in Atlantic, Iowa where he worked in 1977, calls for establishment of a sys- Subcommittee on Military Construction their small business for 45 years before his re- tem for a computerized schedule of all and Veterans Affairs, and Related meetings and hearings of Senate com- Agencies tirement in 2006. Mr. Boots has been a fixture To hold hearings to examine a review of in the Atlantic community, always volunteering mittees, subcommittees, joint commit- the Department of Veterans Affairs’ for the Boy Scouts, Cass County American tees, and committees of conference. electronic health record (VistA), Red Cross, Cass County Memorial Hospital This title requires all such committees progress toward interoperability with Auxiliary, Meals on Wheels, American Legion, to notify the Office of the Senate Daily the Department of Defense’s electronic Veterans of Foreign Wars, Disabled Veterans Digest—designated by the Rules Com- health record, and plans for the future. of America, Atlantic Color Guard, and the At- mittee—of the time, place and purpose SD–124 lantic Rock Island Society Enterprise. He has of the meetings, when scheduled and 2:15 p.m. devoted many years to rescuing U.S. flags, any cancellations or changes in the Committee on Indian Affairs To hold an oversight hearing to examine those which need repair or to be put aside for meetings as they occur. improving interagency forest manage- proper flag disposal. Mr. Boots has not asked As an additional procedure along ment to strengthen tribal capabilities for any special recognition. He was motivated with the computerization of this infor- for responding to and preventing only by his desire to serve his country and mation, the Office of the Senate Daily wildfires. community. Digest will prepare this information for SD–628

VerDate Sep 11 2014 09:20 May 26, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A25MY8.052 E25MYPT1 smartinez on DSK3GLQ082PROD with REMARKS Wednesday, May 25, 2016 Daily Digest Senate Lieutenant Salvatore S. Corma II Post Office Build- Chamber Action ing’’. Routine Proceedings, pages S3129–S3230 H.R. 4046, to designate the facility of the United Measures Introduced: Fifteen bills and five resolu- States Postal Service located at 220 East Oak Street, tions were introduced, as follows: S. 2978–2992, and Glenwood City, Wisconsin, as the Second Lt. Ellen S. Res. 474–478. Page S3171 Ainsworth Memorial Post Office. Measures Reported: H.R. 4605, to designate the facility of the United Report to accompany S. 2390, to provide adequate States Postal Service located at 615 6th Avenue SE protections for whistleblowers at the Federal Bureau in Cedar Rapids, Iowa as the ‘‘Sgt. 1st Class Terryl of Investigation. (S. Rept. No. 114–261) L. Pasker Post Office Building’’. H.R. 136, to designate the facility of the United S. 2465, to designate the facility of the United States Postal Service located at 1103 USPS Building States Postal Service located at 15 Rochester Street 1103 in Camp Pendleton, California, as the ‘‘Camp in Bergen, New York, as the Barry G. Miller Post Pendleton Medal of Honor Post Office’’. Office. H.R. 1132, to designate the facility of the United S. 2891, to designate the facility of the United States Postal Service located at 1048 West States Postal Service located at 525 North Broadway Robinhood Drive in Stockton, California, as the ‘‘W. in Aurora, Illinois, as the ‘‘Kenneth M. Christy Post Ronald Coale Memorial Post Office Building’’. Office Building’’. Page S3170 H.R. 2458, to designate the facility of the United Measures Passed: States Postal Service located at 5351 Lapalco Boule- vard in Marrero, Louisiana, as the ‘‘Lionel R. Collins, Secretary of Agriculture Fish Inspection Rule: Sr. Post Office Building’’. By 55 yeas to 43 nays (Vote No. 86), Senate passed H.R. 2928, to designate the facility of the United S.J. Res. 28, providing for congressional disapproval States Postal Service located at 201 B Street in Per- under chapter 8 of title 5, United States Code, of ryville, Arkansas, as the ‘‘Harold George Bennett the rule submitted by the Secretary of Agriculture Post Office’’. relating to inspection of fish of the order H.R. 3082, to designate the facility of the United Siluriformes. Pages S3131–35 States Postal Service located at 5919 Chef Menteur 100th Indianapolis 500 Mile Race: Senate agreed Highway in New Orleans, Louisiana, as the ‘‘Daryle to S. Res. 475, recognizing the 100th running of the Holloway Post Office Building’’. Indianapolis 500 Mile Race. Pages S3162–63 H.R. 3274, to designate the facility of the United States Postal Service located at 4567 Rockbridge Cystic Fibrosis Awareness Month: Senate agreed Road in Pine Lake, Georgia, as the ‘‘Francis Manuel to S. Res. 476, designating the month of May 2016 Ortega Post Office’’. as ‘‘Cystic Fibrosis Awareness Month’’. Page S3227 H.R. 3601, to designate the facility of the United National Minority Health Month: Senate agreed States Postal Service located at 7715 Post Road, to S. Res. 477, promoting minority health awareness North Kingstown, Rhode Island, as the ‘‘Melvoid J. and supporting the goals and ideals of National Mi- Benson Post Office Building’’. nority Health Month in April 2016, which include H.R. 3735, to designate the facility of the United bringing attention to the health disparities faced by States Postal Service located at 200 Town Run Lane minority populations of the United States such as in Winston Salem, North Carolina, as the ‘‘Maya American Indians, Alaskan Natives, Asian Ameri- Angelou Memorial Post Office’’. cans, African Americans, Latino Americans, and Na- H.R. 3866, to designate the facility of the United tive Hawaiians or other Pacific Islanders. States Postal Service located at 1265 Hurffville Road in Deptford Township, New Jersey, as the ‘‘First Pages S3227–28 D582

VerDate Sep 11 2014 09:37 May 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY6.REC D25MYPT1 smartinez on DSK3GLQ082PROD with DIGEST May 25, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D583 National Hawaiian Food Week: Committee on Authorities for Committees to Meet: the Judiciary was discharged from further consider- Pages S3226–27 ation of S. Res. 416, recognizing the contributions Privileges of the Floor: Page S3227 of Hawaii to the culinary heritage of the United States and designating the week beginning on June Record Votes: Two record votes were taken today. 12, 2016, as ‘‘National Hawaiian Food Week’’, and (Total—87) Page S3135 the resolution was then agreed to, after agreeing to Adjournment: Senate convened at 10 a.m. and ad- the following amendment proposed thereto: journed at 6:52 p.m., until 9:30 a.m. on Thursday, Page S3228 May 26, 2016. (For Senate’s program, see the re- Rounds (for Schatz) Amendment No. 4230, to marks of the Acting Majority Leader in today’s amend the preamble. Page S3228 Record on page S3230.) National Cancer Research Month: Committee on the Judiciary was discharged from further consideration of S. Res. 459, recognizing the importance of Committee Meetings cancer research and the vital contributions of scientists, clinicians, cancer survivors, and other patient (Committees not listed did not meet) advocates across the United States who are dedicated to finding a cure for cancer, and designating May IRAN DEAL SANCTIONS 2016, as ‘‘National Cancer Research Month’’, and Committee on Banking, Housing, and Urban Affairs: the resolution was then agreed to. Page S3228 Committee concluded a hearing to examine under- Measures Considered: standing the role of sanctions under the Iran Deal, National Defense Authorization Act—Agree- focusing on Administration perspectives, after receiv- ment: Senate resumed consideration of the motion to ing testimony from Adam J. Szubin, Acting Under proceed to consideration of S. 2943, to authorize ap- Secretary of the Treasury for Terrorism and Financial propriations for fiscal year 2017 for military activities of the Department of Defense, for military con- Intelligence; and Stephen D. Mull, Lead Coordinator struction, and for defense activities of the Depart- for Iran Nuclear Implementation, Department of ment of Energy, to prescribe military personnel State. strengths for such fiscal year. Pages S3135–62, S3163–67 HURRICANE FORECASTING During consideration of this measure today, Senate Committee on Commerce, Science, and Transportation: Sub- also took the following action: committee on Oceans, Atmosphere, Fisheries, and By a unanimous vote of 98 yeas (Vote No. 87), three-fifths of those Senators duly chosen and sworn, Coast Guard concluded a hearing to examine im- having voted in the affirmative, Senate agreed to the provements in hurricane forecasting and the path motion to close further debate on the motion to pro- forward, after receiving testimony from Richard ceed to consideration of the bill. Page S3135 Knabb, Director, National Hurricane Center, Na- A unanimous-consent agreement was reached pro- tional Weather Service, National Oceanic and At- viding for further consideration of the motion to mospheric Administration, Department of Com- proceed to consideration of the bill, post-cloture, at merce. approximately 9:30 a.m., on Thursday, May 26, 2016; and that all time during adjournment, recess, INTERNATIONAL CYBERSECURITY and morning business count post-cloture on the mo- STRATEGY tion to proceed to consideration of the bill. Pages S3228–29 Committee on Foreign Relations: Subcommittee on East Nomination Confirmed: Senate confirmed the fol- Asia, the Pacific, and International Cybersecurity lowing nomination: Policy concluded a hearing to examine international Patrick A. Burke, of the District of Columbia, to cybersecurity strategy, focusing on deterring foreign be United States Marshal for the District of Colum- threats and building global cyber norms, after receiv- bia for the term of four years. Page S3230 ing testimony from Christopher M. E. Painter, Coor- dinator for Cyber Issues, Department of State. Messages from the House: Page S3170 Measures Referred: Page S3170 TRAFFICKING IN PERSONS Executive Reports of Committees: Page S3170 Committee on Foreign Relations: Committee received a Additional Cosponsors: Pages S3171–73 closed briefing on trafficking in persons, focusing on Statements on Introduced Bills/Resolutions: preparing the 2016 annual report from Susan Pages S3173–77 Coppedge, Ambassador-at-Large, Office to Monitor Additional Statements: Page S3170 and Combat Trafficking in Persons, William E. Amendments Submitted: Pages S3177–S3226 Todd, Principal Deputy Assistant Secretary, Bureau

VerDate Sep 11 2014 06:24 Aug 02, 2016 Jkt 049060 PO 00000 Frm 00002 Fmt 5627 Sfmt 0627 E:\RECORD16\MAY2016\D25MY6.REC D25MY6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D584 CONGRESSIONAL RECORD — DAILY DIGEST May 25, 2016 of South and Central Asian Affairs, D. Bruce Whar- tive governance, and innovation, with an amendment ton, Principal Deputy Assistant Secretary, Bureau of in the nature of a substitute; African Affairs, Susan A. Thornton, Principal Dep- S. 2970, to amend title 5, United States Code, to uty Assistant Secretary, Bureau of East Asian and Pa- expand law enforcement availability pay to employ- cific Affairs, and John S. Creamer, Deputy Assistant ees of the Air and Marine Operations of U.S. Cus- Secretary, Bureau of Western Hemisphere Affairs, all toms and Border Protection; of the Department of State. S. 231, and H.R. 433, bills to designate the facility of the United States Postal Service located at 523 BUSINESS MEETING East Railroad Street in Knox, Pennsylvania, as the Committee on Homeland Security and Governmental Af- ‘‘Specialist Ross A. McGinnis Memorial Post Office’’; fairs: Committee ordered favorably reported the fol- S. 2465, to designate the facility of the United lowing business items: States Postal Service located at 15 Rochester Street S. 2976, to amend the Homeland Security Act of in Bergen, New York, as the Barry G. Miller Post 2002 to reform, streamline, and make improvements Office; to the Department of Homeland Security and sup- S. 2891, to designate the facility of the United port the Department’s efforts to implement better States Postal Service located at 525 North Broadway policy, planning, management, and performance, in Aurora, Illinois, as the ‘‘Kenneth M. Christy Post with amendments; Office Building’’; S. 2967, to amend the Homeland Security Act of H.R. 136, to designate the facility of the United 2002 to require the Office of Management and States Postal Service located at 1103 USPS Building Budget to execute a national biodefense strategy, 1103 in Camp Pendleton, California, as the ‘‘Camp with amendments; Pendleton Medal of Honor Post Office’’; S. 2968, to reauthorize the Office of Special Coun- H.R. 1132, to designate the facility of the United sel; States Postal Service located at 1048 West S. 2964, to eliminate or modify certain mandates Robinhood Drive in Stockton, California, as the ‘‘W. of the Government Accountability Office; Ronald Coale Memorial Post Office Building’’; S. 2834, to improve the Governmentwide man- H.R. 2458, to designate the facility of the United agement of unnecessarily duplicative Government States Postal Service located at 5351 Lapalco Boule- programs and for other purposes, with an amend- vard in Marrero, Louisiana, as the ‘‘Lionel R. Collins, ment in the nature of a substitute; Sr. Post Office Building’’; S. 2966, to update the financial disclosure require- H.R. 2928, to designate the facility of the United ments for judges of the District of Columbia courts, States Postal Service located at 201 B Street in Per- and to make other improvements to the District of ryville, Arkansas, as the ‘‘Harold George Bennett Columbia courts, with an amendment; Post Office’’; S. 2971, to authorize the National Urban Search H.R. 3082, to designate the facility of the United and Rescue Response System; States Postal Service located at 5919 Chef Menteur S. 1378, to strengthen employee cost savings sug- Highway in New Orleans, Louisiana, as the ‘‘Daryle gestions programs within the Federal Government, Holloway Post Office Building’’; with an amendment in the nature of a substitute; H.R. 3274, to designate the facility of the United S. 2972, to amend title 31, United States Code, States Postal Service located at 4567 Rockbridge to provide transparency and require certain standards Road in Pine Lake, Georgia, as the ‘‘Francis Manuel in the award of Federal grants, with an amendment Ortega Post Office’’; in the nature of a substitute; H.R. 3601, to designate the facility of the United S. 2975, to provide agencies with discretion in se- States Postal Service located at 7715 Post Road, curing information technology and information sys- North Kingstown, Rhode Island, as the ‘‘Melvoid J. tems, with an amendment; Benson Post Office Building’’; S. 2849, to ensure the Government Accountability H.R. 3735, to designate the facility of the United Office has adequate access to information; States Postal Service located at 200 Town Run Lane S. 461, to provide for alternative financing ar- in Winston Salem, North Carolina, as the ‘‘Maya rangements for the provision of certain services and Angelou Memorial Post Office’’; the construction and maintenance of infrastructure at H.R. 3866, to designate the facility of the United land border ports of entry, with an amendment in States Postal Service located at 1265 Hurffville Road the nature of a substitute; in Deptford Township, New Jersey, as the ‘‘First S. 2852, to expand the Government’s use and ad- Lieutenant Salvatore S. Corma II Post Office Build- ministration of data to facilitate transparency, effec- ing’’;

VerDate Sep 11 2014 09:37 May 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY6.REC D25MYPT1 smartinez on DSK3GLQ082PROD with DIGEST May 25, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D585 H.R. 4046, to designate the facility of the United in Cedar Rapids, Iowa as the ‘‘Sgt. 1st Class Terryl States Postal Service located at 220 East Oak Street, L. Pasker Post Office Building’’; and Glenwood City, Wisconsin, as the Second Lt. Ellen The nomination of Jay Neal Lerner, of Illinois, to Ainsworth Memorial Post Office; be Inspector General, Federal Deposit Insurance Cor- H.R. 4605, to designate the facility of the United poration. States Postal Service located at 615 6th Avenue SE h House of Representatives forthwith with an amendment, by a yea-and-nay vote Chamber Action of 178 yeas to 239 nays, Roll No. 249. Public Bills and Resolutions Introduced: 15 pub- Pages H3217–18 lic bills, H.R. 5320–5324, 5326–5335; and 6 reso- Pursuant to the Rule, an amendment in the na- lutions, and H. Res. 748–750, 752–754, were intro- ture of a substitute consisting of the text of Rules duced. Pages H3264–65 Committee Print 114–55 shall be considered as Additional Cosponsors: Page H3266 adopted. Page H3117 Reports Filed: Reports were filed today as follows: H. Res. 744, the rule providing for consideration H.R. 5325, making appropriations for the Legisla- of the bills (S. 2012) and (H.R. 5233) was agreed tive Branch for the fiscal year ending September 30, to by a yea-and-nay vote of 242 yeas to 171 nays, 2017, and for other purposes (H. Rept. 114–594); Roll No. 240, after the previous question was or- and dered by a yea-and-nay vote of 239 yeas to 176 nays, H. Res. 751, relating to consideration of the Sen- Roll No. 239. Pages H3105–13 ate amendment to the bill (H.R. 2577) making ap- Clarifying Congressional Intent in Providing for propriations for the Departments of Transportation, DC Home Rule Act of 2016: The House passed and Housing and Urban Development, and related H.R. 5233, to repeal the Local Budget Autonomy agencies for the fiscal year ending September 30, Amendment Act of 2012, to amend the District of 2016, and for other purposes (H. Rept. 114–595). Columbia Home Rule Act to clarify the respective Page H3264 roles of the District government and Congress in the Speaker: Read a letter from the Speaker wherein he local budget process of the District government, by appointed Representative Rothfus to act as Speaker a recorded vote of 240 ayes to 179 noes, Roll No. pro tempore for today. Page H3099 248. Pages H3208–17 Rejected the Connolly motion to recommit the Recess: The House recessed at 10:31 a.m. and re- bill to the Committee on Oversight and Government convened at 12 noon. Page H3103 Reform with instructions to report the same back to Guest Chaplain: The prayer was offered by the the House forthwith with an amendment, by a yea- Guest Chaplain, Reverend Joshua Beckley, Ecclesia and-nay vote of 179 yeas to 239 nays, Roll No. 247. Christian Fellowship, San Bernardino, California. Page H3216 Page H3103 H. Res. 744, the rule providing for consideration Unanimous Consent Agreement: Agreed by unan- of the bills (S. 2012) and (H.R. 5233) was agreed imous consent that the question of adopting a mo- to by a yea-and-nay vote of 242 yeas to 171 nays, tion to commit on S. 2012 may be subject to post- Roll No. 240, after the previous question was or- ponement as though under clause 8 of rule 20. dered by a yea-and-nay vote of 239 yeas to 176 nays, Page H3117 Roll No. 239. Pages H3105–13 Energy Policy Modernization Act of 2016: The Energy Policy Modernization Act of 2016—Mo- House passed S. 2012, to provide for the modernization to go to Conference: The House agreed by tion of the energy policy of the United States, by a voice vote to the Barton motion to take from the recorded vote of 241 ayes to 178 noes, Roll No. Speaker’s table the bill (S. 2012), to provide for the 250. Pages H3117–H3208, H3217–18 modernization of the energy policy of the United Rejected the Peters motion to commit the bill to States, insist on the House amendment, and request the Committee on Energy and Commerce with in- a conference with the Senate thereon. structions to report the same back to the House Pages H3218–20, H3260–61

VerDate Sep 11 2014 09:37 May 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY6.REC D25MYPT1 smartinez on DSK3GLQ082PROD with DIGEST D586 CONGRESSIONAL RECORD — DAILY DIGEST May 25, 2016 Rejected the Grijalva motion to instruct conferees that is likely to result in a rule that may have an by a yea-and-nay vote of 205 yeas to 212 nays, Roll annual effect on the economy of $100,000,000 or No. 264. Pages H3260–61 more; Pages H3242–43 The Chair announced that appointment of con- Jackson Lee amendment that increases funding, by ferees would occur at a subsequent time. Page H3261 offset, for the ‘‘Corps of Engineers-Civil—Investiga- Energy and Water Development and Related tions’’ account, by $100,000,000; Pages H3243–44 Agencies Appropriations Act, 2017: The House Gosar amendment that prohibits the use of funds resumed consideration of H.R. 5055, making appro- to carry out the memorandum from the White priations for energy and water development and re- House Counsel’s Office to all Executive Department lated agencies for the fiscal year ending September and Agency General Counsels entitled ‘‘Reminder 30, 2017. Consideration is expected to continue to- Regarding Document Request’’ dated April 15, morrow, May 26th. Pages H3113–17, H3220–60 2009; Pages H3244–45 Agreed to: Engel amendment (No. 6 printed in the Congres- Gosar amendment that prohibits the use of funds sional Record of May 23, 2016) that prohibits the for the Department of Energy’s Climate Model De- use of funds by the Department of Energy, the De- velopment and Validation program; partment of the Interior, or any other Federal Agen- Pages H3223–24, H3225–27 cy to lease or purchase new light duty vehicles for Black amendment that prohibits the use of funds any executive fleet, or for an agency’s fleet inventory, in contravention of section 642(a) of the Illegal Im- except in accordance with Presidential Memo- migration Reform and Immigrant Responsibility Act randum; Page H3245 of 1996; Pages H3230–31 Gosar amendment that prohibits the use of funds Higgins amendment that prohibits the use of by the Department of Energy for the 21st Century funds to be used by the Secretary of Energy to carry Clean Transportation Plan; Pages H3245–46 out, or for the salary of any officer or employee of Sanford amendment that prohibits the use of the Department of Energy to carry out, the proposed funds to provide a loan under section 136 of the En- action of the Department to transport target residue ergy Independence and Security Act of 2007; material from Ontario, Canada to the United States; Pages H3246–47 Page H3237 Grayson amendment (No. 7 printed in the Con- Buck amendment that prohibits the use of funds gressional Record of May 23, 2016) that prohibits to research, draft, propose, or finalize the Notice of the use of funds to enter into contracts with individ- Proposed Rulemaking that was published by the De- partment of Energy on December 19, 2014, titled uals or entities convicted of fraud; Page H3237 Babin amendment (No. 5 printed in the Congres- ‘‘Energy Conservation Program: Energy Conservation sional Record of May 23, 2016) that prohibits the Standards for Residential Dishwashers’’, the Notice use of funds from being used to enter into new con- of Proposed Rulemaking that was published by the tracts with, or new agreements for Federal assistance Department of Energy on August 13, 2015, titled ‘‘Energy Conservation Program: Energy Conservation to, the Islamic Republic of Iran; Pages H3237–38 Meadows amendment that prohibits the use of Standards for Ceiling Fan Light Kits’’, or the Notice funds by the Army Corps of Engineers to award con- of Proposed Rulemaking that was published by the tracts using the lowest price technically acceptable Department of Energy on August 19, 2015, titled source selection process unless the source selection ‘‘Energy Conservation Program: Energy Conservation decision is documented; Page H3239 Standards for Refrigerated Bottled or Canned Vend- Jackson Lee amendment that prohibits the use of ing Machines’’; Pages H3247–48 funds for ‘‘Department of Energy-Energy Programs- Pittenger amendment (No. 34 printed in the Con- Science’’ may be used in contravention of the De- gressional Record of May 24, 2016) that prohibits partment of Energy Organization Act; Pages H3239–40 the use of funds to revoke funding previously award- Stivers amendment that prohibits the use of funds ed to or within the State of North Carolina (by a refor the Cape Wind Energy Project on the Outer corded vote of 227 ayes to 192 noes, Roll No. 255); Continental Shelf off Massachusetts, Nantucket Pages H3220–21, H3254–55 Sound; Page H3240 Gosar amendment that prohibits the use of funds Jackson Lee amendment that increases funding, by to prepare, propose, or promulgate any regulation or offset, for the ‘‘Corps of Engineers-Civil—Investiga- guidance related to the Social Cost of Carbon (by a tions’’ account, by $3,000,000; Pages H3240–42 recorded vote of 230 ayes to 188 noes, Roll No. Mullin amendment that prohibits the use of 256); Pages H3255–56 funds, between Nov. 8, 2016 through Jan. 20, 2017 Sean Patrick Maloney (NY) amendment, as to be used to propose or finalize a regulatory action amended by the Pitts amendment (agreed to by

VerDate Sep 11 2014 09:37 May 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY6.REC D25MYPT1 smartinez on DSK3GLQ082PROD with DIGEST May 25, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D587 voice vote), that prohibits the use of funds in con- recorded vote of 144 ayes to 275 noes, Roll No. travention of Executive Order No. 13672 of July 21, 246); Pages H3116–17 2014 (’’Further Amendments to Executive order Welch amendment that was debated on May 24th 11478, Equal Employment in the Federal Govern- that sought to increase funding, by offset, for the ment, and Executive Order 11246, Equal Employ- Northern Border Regional Commission, by ment Opportunity’’ and ‘‘except as required by the $2,500,000 (agreed by unanimous consent to with- First Amendment, the Fourteenth Amendment, and draw the earlier request for a recorded vote); Article I of the Constitution’’ (by a recorded vote of Page H3220 223 ayes to 195 noes, Roll No. 258); Garamendi amendment that sought to prohibit Pages H3234–36, H3256–57 the use of funds by the Bureau of Reclamation to Byrne amendment that prohibits the use of funds issue a permit for California WaterFix or, with rein contravention of the Religious Freedom Restora- spect to California WaterFix; Pages H3222–23 tion Act of 1993, Executive Order 13279, or the Garamendi amendment (No. 29 printed in the Americans with Disabilities Act of 1990 (by a re- Congressional Record of May 24, 2016) that sought corded vote of 233 ayes to 186 noes, Roll No. 259); to reduce National Nuclear Security Administra- and Pages H3236–37, H3257–58 tion—Weapons Activities by $100 million and pro- DeSantis amendment that prohibits the use of hibit the use of funds, in excess of $120,253,000 to funds to purchase heavy water from Iran (by a re- be used for the W80–4 Life Extension Program; corded vote of 251 ayes to 168 noes, Roll No. 263). Pages H3224–25 Pages H3251–52, H3259–60 Yoho amendment that sought to prohibit the use Rejected: of funds by the Department of Energy to employ in Clawson (FL) amendment that was debated on excess of 95 percent of the Department’s total num- May 24th that sought to increase funding, by offset, ber of employees as of the date of the enactment of for Army Corps of Engineers, Construction, by this Act; Pages H3228–29 $50,000,000 (by a recorded vote of 143 ayes to 275 Byrne amendment that sought to prohibit the use noes, Roll No. 241); Pages H3113–14 of funds for the Energy Information Administration; McNerney amendment that was debated on May reduce funds for Department of Energy—Energy 24th that sought to strike General Provisions, De- Programs—Energy Information Administration to partment of the Interior, related to California state $0; Pages H3233–34 water projects (by a recorded vote of 169 ayes to 247 Lowenthal amendment that sought to prohibit the noes, Roll No. 242); Page H3114 use of funds in contravention of Executive Order No. Griffith amendment that was debated on May 13547 or to implement, administer, or enforce sec- 24th that sought to reduce the Energy Efficiency tion 506; Pages H3238–39 and Renewable Energy Program by $50,000,000, Weber (TX) amendment that was debated on May and increase the Fossil Energy Research and Devel- 24th that sought to zero out the Innovative Tech- opment Program by $45,000,000 (by a recorded nology Guarantee program and apply the vote of 182 ayes to 236 noes, Roll No. 243); $7,000,000 in savings to the spending reduction ac- Pages H3114–15 count (by a recorded vote of 158 ayes to 260 noes, Buck amendment that was debated on May 24th Roll No. 251); Page H3252 that sought to zero out the accounts for Plant or Fa- Ellison amendment that was debated on May 24th cility Acquisition, Construction, or Expansion of En- that sought to redirect $1,000,000 in funding with- ergy Efficiency and Renewable Energy Programs and in Departmental Administration, Department of En- apply the $3,481,616,000 in savings to the Spend- ergy (by a recorded vote of 174 ayes to 245 noes, ing Reduction Account (by a recorded vote of 80 Roll No. 252); Pages H3252–53 ayes to 339 noes, Roll No. 244); Pages H3115–16 Farr amendment (No. 1 printed in the Congres- Polis amendment that was debated on May 24th sional Record of May 23, 2016) that was debated on that sought to increase funds for Energy efficiency May 24th that sought to strike section 506 per- and renewable energy by $9,750,000 and decrease taining to the further implementation of the coastal funds for fossil energy research and development by and marine spatial planning and ecosystem-based $13,000,000 (by a recorded vote of 167 ayes to 251 management components of the National Ocean Pol- noes, Roll No. 245); Page H3116 icy (by a recorded vote of 189 ayes to 228 noes, Roll Polis amendment that was debated on May 24th No. 253); Pages H3253–54 that sought to zero out the Fossil Energy Research Garamendi amendment that was debated on May and Development fund and apply the $285,000,000 24th that sought to prohibit the use of funds to ex- in savings to the spending reduction account (by a pand plutonium pit production capacity at the PF–4

VerDate Sep 11 2014 09:37 May 26, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY6.REC D25MYPT1 smartinez on DSK3GLQ082PROD with DIGEST D588 CONGRESSIONAL RECORD — DAILY DIGEST May 25, 2016 facility at Los Alamos National Laboratory (by a re- McNerney amendment that sought to prohibit the corded vote of 126 ayes to 293 noes, Roll No. 254); use of funds for a project under investigation by the Page H3254 Inspector General of the Department of the Interior Foster amendment that sought to prohibit the use during calendar years 2015, 2016, or 2017. of funds by the Secretary of Energy for the Experi- Pages H3231–32 mental Program to Stimulate Competitive Research H. Res. 743, the rule providing for consideration (by a recorded vote of 206 ayes to 213 noes, Roll of the bill (H.R. 5055) was agreed to yesterday, May No. 257); Pages H3229–30, H3256 24th. Blackburn amendment (No. 14 printed in the Meeting Hour: Agreed by unanimous consent that Congressional Record of May 24, 2016) that sought when the House adjourns today, it adjourn to meet to reduce funding in the bill by 1 percent (by a re- at 9 a.m. tomorrow, May 26th. Pages H3261, H3262 corded vote of 158 ayes to 258 noes, Roll No. 260); Quorum Calls—Votes: Five yea-and-nay votes and Pages H3248–49, H3258 twenty-one recorded votes developed during the pro- Smith (MO) amendment that sought to prohibit ceedings of today and appear on pages H3112, the use of funds by the Army Corps of Engineers to H3112–13, H3113–14, H3114, H3114–15, implement, administer, or enforce the last four H3115–16, H3116, H3116–17, H3216, H3216–17, words of subparagraph (B) of section 1341(a)(1) of H3217–18, H3218, H3252, H3253, H3253–54, title 31, with respect to crevassing levees under the H3254, H3254–55, H3255–56, H3256, H3256–57, Birds Point-New Madrid Floodway Operations Plan H3257–58, H3258, H3258–59, H3259, H3260, (by a recorded vote of 119 ayes to 300 noes, Roll and H3260–61. There were no quorum calls. No. 261); and Pages H3249–50, H3258–59 Walker amendment that sought to reduce funds Adjournment: The House met at 10 a.m. and ad- by the following amounts: Energy Efficiency and Re- journed at 11:25 p.m. newable Energy, $400,000; Nuclear Energy, $25,455,000; Fossil Energy Research and Develop- Committee Meetings ment, $13,000,000; Strategic Petroleum Reserve, FOOD WASTE FROM FIELD TO TABLE $45,000,000; Non-Defense Environmental Cleanup, Committee on Agriculture: Full Committee held a hear- $2,400,000; Science, $49,800,000; Advanced Re- ing entitled ‘‘Food Waste from Field to Table’’. Tes- search Projects Agency—Energy, $14,889,000; timony was heard from Representative Pingree and Power Marketing Administrations—Construction, public witnesses. Rehabilitation, Operation and Maintenance, Western Area Power Administration, $2,209,000; and Nu- MISCELLANEOUS MEASURE clear Regulatory Commission—Salaries and Ex- Committee on Appropriations: Subcommittee on Finan- penses, $32,132,000 (by a recorded vote of 128 ayes cial Services and General Government held a markup to 291 noes, Roll No. 262). Pages H3250–51, H3259 on Financial Services and General Government Ap- Withdrawn: propriations Bill, FY 2017. The Financial Services Byrne amendment that was offered and subse- and General Government Appropriations Bill, FY quently withdrawn that would have allowed the 2017, was forwarded to the full committee, without Army Corps of Engineers Chief Engineer to give pri- amendment. ority to Dog River, Fowl River, Fly Creek, Bayou MISCELLANEOUS MEASURE Coden, and Bayou La Batre projects; and Page H3232 McNerney amendment that was offered and subse- Committee on Appropriations: Subcommittee on Inte- quently withdrawn that would have prohibited the rior, Environment, and Related Agencies held a use of funds to issue Federal debt forgiveness or cap- markup on Interior, Environment, and Related ital repayment forgiveness for any district or entity Agencies Appropriations Bill, FY 2017. The Inte- rior, Environment, and Related Agencies Appropria- served by the Central Valley Project if the district tions Bill, FY 2017, was forwarded to the full com- or entity has been subject to an order from Securities mittee, without amendment. and Exchange Commission. Pages H3232–33 Point of Order sustained against: RECLAIMING CONGRESSIONAL Al Green (TX) amendment (No. 24 printed in the AUTHORITY THROUGH THE POWER OF Congressional Record of May 24, 2016) that sought THE PURSE to provide an additional $311 million for Construc- Committee on the Budget: Full Committee held a hear- tion, Army Corps of Engineers for flood control ing entitled ‘‘Reclaiming Congressional Authority projects and storm damage reduction projects; and Through the Power of the Purse’’. Testimony was Pages H3227–28 heard from public witnesses.

VerDate Sep 11 2014 09:37 May 26, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D25MY6.REC D25MYPT1 smartinez on DSK3GLQ082PROD with DIGEST May 25, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D589 PROMOTING SAFE WORKPLACES lowing bills were ordered reported, as amended: THROUGH EFFECTIVE AND RESPONSIBLE H.R. 5203, H.R. 3636, and H.R. 5283. RECORDKEEPING STANDARDS Committee on Education and the Workforce: Sub- MISCELLANEOUS MEASURE committee on Workforce Protections held a hearing Committee on Natural Resources: Full Committee con- entitled ‘‘Promoting Safe Workplaces Through Effec- cluded a markup on H.R. 5278, the ‘‘Puerto Rico tive and Responsible Recordkeeping Standards’’. Tes- Oversight, Management, and Economic Stability timony was heard from public witnesses. Act’’. H.R. 5278 was ordered reported, as amended. EXAMINING CYBERSECURITY EXPLORING 21ST CENTURY MINING RESPONSIBILITIES AT HHS SAFETY, ENVIRONMENTAL CONTROL, AND Committee on Energy and Commerce: Subcommittee on TECHNOLOGICAL INNOVATION Health held a hearing entitled ‘‘Examining Committee on Natural Resources: Subcommittee on En- Cybersecurity Responsibilities at HHS’’. Testimony ergy and Mineral Resources held a hearing entitled was heard from public witnesses. ‘‘Exploring 21st Century Mining Safety, Environ- IRAN NUCLEAR DEAL OVERSIGHT: mental Control, and Technological Innovation’’. Tes- IMPLEMENTATION AND ITS timony was heard from public witnesses. CONSEQUENCES, PART II Committee on Foreign Affairs: Full Committee held a FEDERAL AGENCIES’ RELIANCE ON hearing entitled ‘‘Iran Nuclear Deal Oversight: Im- OUTDATED AND UNSUPPORTED plementation and Its Consequences, Part II’’. Testi- INFORMATION TECHNOLOGY: A TICKING mony was heard from Stephen D. Mull, Lead Coor- TIME BOMB dinator for Iran Nuclear Implementation, Depart- Committee on Oversight and Government Reform: Full ment of State; Thomas M. Countryman, Assistant Committee held a hearing entitled ‘‘Federal Agen- Secretary, Bureau of International Security and Non- cies’ Reliance on Outdated and Unsupported Infor- proliferation, Department of State; and Adam J. mation Technology: A Ticking Time Bomb’’. Testi- Szubin, Acting Under Secretary, Office of Terrorism mony was heard from Dave Powner, Director, IT and Financial Intelligence, Department of the Treas- Management Issues, Government Accountability Of- ury. fice; Terry Milholland, Chief Technology Officer, In- TUNISIA’S STRUGGLE FOR STABILITY, ternal Revenue Service, Department of the Treasury; SECURITY, AND DEMOCRACY Terry Halvorsen, Chief Information Officer, Depart- ment of Defense; Beth Killoran, Acting Deputy As- Committee on Foreign Affairs: Subcommittee on the sistant, Secretary for Information Technology and Middle East and North Africa held a hearing enti- Chief Information Officer, Department of Health tled ‘‘Tunisia’s Struggle for Stability, Security, and and Human Services; and Tony Scott, Federal Chief Democracy’’. Testimony was heard from John Information Officer, Office of Management and Desrocher, Deputy Assistant Secretary for Egypt and Budget. Maghreb Affairs, Bureau of Near Eastern Affairs, De- partment of State; and Maria Longi, Deputy Assist- SENATE AMENDMENT TO THE ant Administrator, Bureau for the Middle East, U.S. TRANSPORTATION, HOUSING AND Agency for International Development. URBAN DEVELOPMENT, AND RELATED LONG LINES, SHORT PATIENCE: THE TSA AGENCIES APPROPRIATIONS ACT, 2016 AIRPORT SCREENING EXPERIENCE Committee on Rules: Full Committee held a hearing on Committee on Homeland Security: Full Committee held the Senate amendment to H.R. 2577, the ‘‘Transpor- a hearing entitled ‘‘Long Lines, Short Patience: The tation, Housing and Urban Development, and Re- TSA Airport Screening Experience’’. Testimony was lated Agencies Appropriations Act, 2016’’. The com- heard from Peter V. Neffenger, Administrator, mittee granted, by record vote of 9–4, a rule that Transportation Security Administration, Department provides that the House concurs in the Senate of Homeland Security. amendment to H.R. 2577 with an amendment consisting of the text of Rules Committee Print MISCELLANEOUS MEASURES 114–56. The rule makes in order a motion offered Committee on the Judiciary: Full Committee held a by the chair of the Committee on Appropriations or markup on H.R. 5203, the ‘‘Visa Integrity and Secu- his designee that the House insist on its amendment rity Act of 2016’’; H.R. 3636, the ‘‘O–VISA Act’’; to the Senate amendment to H.R. 2577 and request and H.R. 5283, the ‘‘Due Process Act’’. The fol- a conference with the Senate thereon.

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Committee on Foreign Affairs, Full Committee, markup Committee on Oversight and Government Reform, Full Com- on S. 1635, the ‘‘Department of State Operations Author- mittee, hearing entitled ‘‘Social Security Administration: ization and Embassy Security Act, Fiscal Year 2016’’, Information Systems Review’’, 9 a.m., 2154 Rayburn. 9:30 a.m., 2172 Rayburn. Committee on Science, Space, and Technology, Subcommittee Subcommittee on Africa, Global Health, Global on Environment, hearing entitled ‘‘Impact of EPA’s Clean Human Rights, and International Organizations, hearing Power Plan on States’’, 9:30 a.m., 2318 Rayburn. entitled ‘‘The ISIS Genocide Declaration: What Next?’’, Committee on Small Business, Full Committee, hearing 12 p.m., 2172 Rayburn. entitled ‘‘The Sharing Economy: A Taxing Experience for Committee on Homeland Security, Subcommittee on Trans- New Entrepreneurs, Part II’’, 10 a.m., 2360 Rayburn. portation Security, hearing entitled ‘‘Long Lines, Short Patience: Local Perspectives’’, 9 a.m., 311 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 26 9 a.m., Thursday, May 26

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Complete consideration of H.R. ation of the motion to proceed to consideration of S. 5055—Energy and Water Development and Related 2943, National Defense Authorization Act, post-cloture. Agencies Appropriations Act, 2017. Consideration of the Senate amendment to H.R. 2577—Transportation, Hous- ing and Urban Development, and Related Agencies Ap- propriations Act, 2016 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Grijalva, Rau´ l M., Ariz., E788 Sanchez, Loretta, Calif., E785 Hastings, Alcee L., Fla., E789 Schakowsky, Janice D., Ill., E795 Bustos, Cheri, Ill., E793 Hudson, Richard, N.C., E787, E790 Sinema, Kyrsten, Ariz., E795 Capps, Lois, Calif., E786 Johnson, Sam, Tex., E796 Smith, Christopher H., N.J., E792 Cartwright, Matt, Pa., E786 Kaptur, Marcy, Ohio, E788 Thompson, Bennie G., Miss., E794 Clyburn, James E., S.C., E797 Keating, William R., Mass., E793 Coffman, Mike, Colo., E791 Kildee, Daniel T., Mich., E787, E791 Titus, Dina, Nev., E785 Cook, Paul, Calif., E790 Latta, Robert E., Ohio, E785 Valadao, David G., Calif., E794 Dent, Charles W., Pa., E786 Lipinski, Daniel, Ill., E788 Van Hollen, Chris, Md., E787 Dold, Robert J., Ill., E788 Marchant, Kenny, Tex., E791 Vela, Filemon, Tex., E786 Duckworth, Tammy, Ill., E785 Messer, Luke, Ind., E790 Webster, Daniel, Fla., E786 Fitzpatrick, Michael G., Pa., E789, E792, E794 Olson, Pete, Tex., E787, E789, E790, E793, E794 Whitfield, Ed, Ky., E791 Granger, Kay, Tex., E791 Pallone, Frank, Jr., N.J., E789 Young, David, Iowa, E795, E795, E795, E796, E796, E797, Graves, Tom, Ga., E789 Poe, Ted, Tex., E790, E796 E797, E797, E797 Green, Gene, Tex., E785, E788 Rokita, Todd, Ind., E794

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