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

Vol. 162 WASHINGTON, THURSDAY, APRIL 7, 2016 No. 53 House of Representatives The House was not in session today. Its next meeting will be held on Monday, April 11, 2016, at 3:30 p.m. Senate THURSDAY, APRIL 7, 2016

The Senate met at 9:30 a.m. and was ties vote to advance the FAA Reau- what, and thereby deny the American called to order by the President pro thorization Act yesterday. We will now people a voice in the future of the Su- tempore (Mr. HATCH). continue our work to pass this bipar- preme Court. In the words of the Wash- f tisan legislation that will support ington Post’s Fact Checker, he will be American jobs. It will also enhance ‘‘telling supporters a politically con- PRAYER safety and security measures to help venient fairy tale.’’ That is the Wash- The Chaplain, Dr. Barry C. Black, of- protect travelers in our airports and in ington Post. I am sure he will gloss fered the following prayer: the skies. It will look out for con- over the fact that the decision about Let us pray. sumers’ interests by providing more in- filling this pivotal seat could impact Almighty God, we are safe with You. formation on things such as seat avail- our country for decades, that it could Give our lawmakers the wisdom to put ability and baggage fees. It will main- dramatically affect the most cherished their entire trust in You. Help them to tain rural access and promote Amer- constitutional rights, such as those remember Your promise to guide their ican manufacturing as well. That is contained in the First and Second steps on the right path. Lord, fill them what the FAA bill before us will do. Amendments. I am sure he will con- with courage so that they will stand Here is what it won’t do: It won’t raise tinue to demand that Washington for right in every circumstance. When taxes or fees on airline passengers or spend its time fighting on one issue they experience setbacks, may they enact heavyhanded regulations that where we don’t agree rather than work- rest in the victory of Your love. Help could diminish choices or services for ing together on issues where we do. I them to experience the length, breadth, travelers. am sure he will spend some time refut- and height of Your sovereign grace. I appreciate the diligent work of ing the words of his own Vice Presi- We pray in Your merciful Name. Chairman THUNE and Senator AYOTTE, dent. I am sure he will repeatedly Amen. the chair of the committee’s aviation claim that his nominee is ‘‘mod- f panel, as well as that of their Demo- erate’’—not that he means it; it is just cratic counterparts, Senators NELSON a useful piece of spin that has been du- PLEDGE OF ALLEGIANCE and CANTWELL. tifully echoed across the spans of the The President pro tempore led the The FAA Reauthorization Act has left and in the media for years. Pledge of Allegiance, as follows: been a bipartisan effort from the very Consider the recent Democratic Su- I pledge allegiance to the Flag of the start. Let’s keep working together in preme Court nominees. One Wash- United States of America, and to the Repub- the same spirit today. I urge colleagues ington Post columnist hailed the lic for which it stands, one nation under God, to work with the bill managers to proc- ‘‘moderate’’ record of President indivisible, with liberty and justice for all. ess amendments, if they have them. Obama’s first pick to the Supreme f f Court. One New York newspaper pro- claimed his second nominee a ‘‘prag- RECOGNITION OF THE MAJORITY FILLING THE SUPREME COURT matic centrist.’’ When President Clin- LEADER VACANCY ton made his Supreme Court nomina- The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, tions, the Post declared one a—you HELLER). The majority leader is recog- President Obama will fly to Chicago, guessed it—‘‘moderate,’’ and the New nized. where he will try to convince Ameri- York Times practically fell all over f cans that, despite his own actions itself exalting the ‘‘resolutely cen- while in the Senate to deny a Supreme trist’’ style of the other. That last FAA REAUTHORIZATION BILL Court nominee a vote, the Constitution nominee—who said it would be a good Mr. MCCONNELL. Mr. President, I somehow now requires the Senate to idea to abolish Mother’s Day, by the was glad to see Senators in both par- have a vote on his nominee no matter way—was not just firmly centrist, not

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

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VerDate Sep 11 2014 00:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.000 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1776 CONGRESSIONAL RECORD — SENATE April 7, 2016 just decisively centrist, but resolutely My wife Elaine and I join all Ken- Court and what the Constitution says centrist, in the Times’ opinion. The tuckians in sending our deepest condo- or doesn’t say, but we know that the records of every one of these Supreme lences to the families and loved ones of Constitution says that the President Court Justices have been anything— this young couple. We share their shall—not may, but shall—nominate anything—but moderate or centrist in heartbreak over the fact that Steph- Supreme Court Justices. He has an ob- the years since. They have been reso- anie and Justin were taken from us en- ligation. He has to do that. The Con- lutely leftwing. But that is the point. tirely too soon. And we extend our stitution is also very affirmative: ‘‘Moderate’’ isn’t exactly a true prayers and sympathies to all the fami- There has to be advice and consent. descriptor for Democratic Supreme lies who lost loved ones in Belgium. That is what we are instructed in the Court nominees; it is just burned into Attacks like these remind Americans Constitution. the printing presses of the editorial everywhere that we must defeat ISIL It is a little strange how we can have boards. and other terrorist groups who not from the Republicans advice and con- Yet, even the New York Times has only threaten our interests but criti- sent when the vast majority of the Re- had to admit that President Obama’s cally, importantly, threaten innocent publicans won’t even meet with the current nominee would give Americans civilians. man. They refuse to hold hearings and the most leftwing Supreme Court in 50 Today we honor the lives of Steph- certainly to have a vote. years—in 50 years. That is why the far anie and Justin. We mourn their loss. So I don’t know how anyone is read- left is squarely behind President And we rededicate ourselves to our im- ing the Constitution, but we need to do Obama’s campaign to deny the Amer- portant fight against terror. our job. We are not doing our job when ican people a say in this momentous f we don’t hold hearings and have a vote. decision. We shouldn’t be here talking about Su- The American people understand RECOGNITION OF THE MINORITY preme Court nominees being far left or what is at stake. The administration LEADER far right or moderate. doesn’t want the American people The PRESIDING OFFICER. The To show how off track this has got- messing this up for them, and they will Democratic leader is recognized. ten, 2 days ago the chairman of the Ju- say what they always say to get what f diciary Committee, the senior Senator they want today: a far-left Supreme from Iowa, gave a speech here. Guess Court for decades to come. That is just FAA REAUTHORIZATION BILL who he was attacking. Justice Roberts, one more reason why the American Mr. REID. Mr. President, I agree the Chief Justice of the Supreme people are lucky to have a Judiciary with the Republican leader that it is Court. He said to the Chief Justice: chairman like Senator GRASSLEY in important that we get the FAA bill Heal yourself. The Chief Justice. Is their corner. Senator GRASSLEY is pas- done as soon as possible, but I would there anyone in the world—anyone in sionate about giving the people of this just have everyone reflect—when we the United States, anyone in the legal country a voice in such a critical con- were in the majority, we tried to bring field, anyone in the political field—who versation. He has stood strong for the up the FAA bill, and that went on for people throughout this debate, and he weeks and weeks, with unnecessary thinks he is some kind of crazy liberal, has proven himself a dedicated legis- filibusters. The FAA came to a screech- John Roberts, who worked on the court lator throughout this new majority, ing halt. with Merrick Garland? They wrote with yet another Judiciary Committee- As we have said, if you are a respon- opinions together. They agreed almost passed bill clearing the Senate on a bi- sible minority, you work to get things 90 percent of the time on their opin- partisan basis just this week. He under- done. That is what we have done. We ions. stands that we don’t need to get stuck have worked hard with the majority to So it is really too bad that now we fighting about one issue. He under- come up with an FAA bill we can sup- are here with a Supreme Court Jus- stands that we can let the American port. So I hope everyone understands tice—for the first time in the history of people have their voices heard on this that obstruction doesn’t work. We un- the country, because we are in the final matter while the Senate continues derstand that. That is why we have year of a Presidency, we are not going doing its work on important legisla- tried to be as collegial as we can be on to do anything. We are going to wait. tion. legislation. In the meantime, justice will be de- layed. We have already had a signifi- f I just finished my ‘‘Welcome to Washington’’ this morning. A little boy cant number of tied, 4-to-4 decisions by REMEMBERING STEPHANIE AND asked me: How do you get things done? the Court, and, using the logic of the JUSTIN SHULTS I said: Well, you know, things in Con- Republicans, this is going to go on for Mr. MCCONNELL. Mr. President, I gress are done just like in life. I have another 18 months. So it is unfortunate was deeply saddened by the death of had the good fortune in my time in that this has turned into something Lexington, KY, native Stephanie public service, my time in Congress, to that has never happened before. Moore Shults. Ms. Shults, 29, along be able to have things with my name They go back and keep repeating: with her husband Justin Shults, 30, was on them, bills that have passed, but I The Biden rule. The Biden rule. The killed in the terrorist attacks in Brus- have never ever gotten something that Biden rule. sels last month. Funeral services for I wanted—it was always a compromise. The year he gave that speech—and he the young couple will be held in Lex- We always have had to compromise to gave a speech at Georgetown Univer- ington tomorrow. get something passed. sity just a week ago saying: Read my Stephanie Shults graduated from Frankly, that is the way life is. Life speech. Read the whole thing. Bryan Station High School and Tran- is a time where we work with people to And what was the result of his action sylvania University and was looking try to get along to work things out. as chairman of the committee that forward to the promising future ahead That is the way things used to be done year? He brought nominations to the of her. She found part of that future here, but with the untoward obstruc- floor even though they didn’t get when she met Justin, a native of Ten- tion during the Obama years, it has enough votes in the committee to be nessee, at Vanderbilt University, where been difficult to get things done. reported. The nominees lost in the Ju- the two earned their master’s in ac- So I agree that the FAA bill is some- diciary Committee, but Biden brought counting. The pair moved to Brussels thing we need to pass. As I have said, them here anyway. in 2014 for work and loved to travel ex- we are constructively working with the There was an op-ed written by one of tensively through Europe. They re- Republicans—those on the other side of my predecessors, former Democratic cently visited Barcelona. They were the aisle—to get things done. leader George Mitchell, a stunningly planning a future trip to Finland, f good Senator from Maine. He wrote where they hoped to stay in a glass that 2 days ago. It appeared in a Boston igloo under the Northern Lights. Now FILLING THE SUPREME COURT newspaper. He said that when Clarence that spirit of adventure is gone, stolen VACANCY Thomas came before the Senate, he had by a brutal act of terror that targeted Mr. REID. Mr. President, we can play lost in the committee. He didn’t get the innocent. around all we want with the Supreme enough votes to be reported out of the

VerDate Sep 11 2014 03:36 Apr 13, 2016 Jkt 049060 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\RECORD16\S07AP6.REC S07AP6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1777 committee. Biden reported him out cry of government. They were on par lican Presidents have been doing this a anyway: Bring him to the floor. Let’s with the Internal Revenue Service. No lot, but unfortunately many Senate have a debate. one liked them, but now they are ad- Republicans want to undermine this That is what Senator Mitchell talked mired. They have done a remarkably act. They refuse to defend our cultural about. We had a debate. And he had good job in taking care of public lands. and historic antiquities that are being pressure. It wasn’t tremendous, but he As I said, to their credit, the BLM and systematically destroyed. That is why had pressure. People asked: Why don’t their dedicated employees do a remark- the Antiquities Act was created—to you filibuster him? He said: I am not able job in safeguarding these national safeguard against these threats in the going to filibuster. Let’s have a vote, treasures so that all Americans can absence of congressional action. Take, and that is the way it used to be done. enjoy them. for example, a stunningly beautiful He had 52 votes. Could that have been John Sterling, the executive director place called Gold Butte, the area where stopped? Of course. Would the Court of The Conservation Alliance, told the Cliven Bundy illegally grazed his cattle have been better? Observers can make Reno Gazette-Journal: for decades. It is a stunning landscape. the determination themselves as to The BLM is the final frontier for a primi- Is this worth protecting? This chart whether we would be better off without tive experience on our public lands. They shows the beautiful landscape. Look at Clarence Thomas on that Court. But represent the future of outdoor recreation. it. This picture is not doctored up; that the fact is he could have been stopped Unfortunately, there is a growing is the way it is. The sky isn’t as blue as easily, and it wasn’t done. threat to these public lands and to the I have seen it so many times. We don’t f Americans who protect and preserve get a lot of clouds in Nevada, especially those areas. Most Americans are famil- in this part of Nevada. We don’t get PROTECTING AMERICA’S PUBLIC iar with what happened earlier this many storm clouds. It doesn’t happen LANDS year in Oregon when the Malheur Na- often, but this is part of the greatness Mr. REID. Mr. President, I am grati- tional Wildlife Refuge in southeastern of Nevada. fied that the Presiding Officer today is Oregon was taken over when a dan- Look at that. Is that worth pre- from the State of Nevada—my friend, gerous group of militants staged an serving? Of course it is. This State has the junior Senator from Nevada. When armed takeover of the refuge. They such magnificent areas. There are I think of home, I think of the desert, came with their canvas shirts, camou- sandstone formations just like these and you can’t talk about Nevada as a flaged pants, guns, assault rifles, and petroglyphs, which date back thou- desert only, even though the vast ma- pistols that were obvious. They had sands of years. jority of the State of Nevada is a very their all-terrain vehicles and set out to Take a look at this. This is a picture arid place. Nevada also has beautiful take over this Federal property, and of petroglyphs. These Indian writings Sierra Nevada—the Ruby Mountains. they did. They damaged it to the tune and drawings are centuries old. They We are the most mountainous State in of about—we don’t know for sure—$20 are in an area we want to protect— the Union except for Alaska. We have million. They defecated on some of the Gold Butte. Look at that. The picture 314 separate mountain ranges. We have ruins and different facilities. They shows panel after panel of this magnifi- 32 mountains over 11,000 feet high. We stopped the Indians from being able to cent part of history. But because of the have one mountain that we share with do their annual fishing. trouble caused by the Bundys and their California that is almost 14,000 feet I am sorry to say this particular epi- pals, the Federal employees have been high. It is a beautiful State, but today sode of domestic terrorism has roots in prevented from doing their job of safe- I am going to focus on some of those Nevada. guarding these antiquities. About 19 of arid places—the place where I was born Ammon and Ryan Bundy—who are the vandals have been indicted. Most of and raised. now in jail, which is where they should them are still in jail where they be- Having been back here such a long be—are the sons of Cliven Bundy. They long. These employees have been under time—37 years—I often think of the were two of the participants in the un- constant physical and mental threat blue skies in Nevada. They hover over lawful takeover. Cliven Bundy is, of for doing what the American people a beautiful canvas. No one can paint a course, a Nevadan and has been break- have asked them to do—that is their picture as beautiful as these moun- ing Federal laws for decades. I have job. tains, which are in the middle of the been disappointed that some of my col- Petroglyphs are being destroyed, desert, Joshua trees, or sagebrush. It is leagues have supported this outrageous drawn over, shot at, and stolen. This is that beauty that is drawing thousands lawbreaker. an example of one panel they have de- of visitors to Nevada and Nevada’s wil- Teddy Roosevelt created the Malheur stroyed. Look at what they have done. derness every year. National Wildlife Refuge in Oregon. We can see that there are bullet holes. Yesterday, the Reno Gazette-Journal This radical President, Theodore Roo- There is graffiti all over these beau- had a tremendous article that reported sevelt—and I say that sarcastically be- tiful Indian writings. These are not just how important this quiet rec- cause he was, in fact, a great Presi- bricks that have been put in place. reational industry is to our country. dent—created the refuge in 1908. Roo- This is the way that nature has created They said: sevelt used the tools at his disposal as this land, and they are destroying it. The big time solitude found in the big President of this great country, includ- Look at what they have done. They empty spaces of the western U.S. generates ing the Antiquities Act, in order to have also cut pieces out of this and big money for regional economies. That’s ac- protect our national heritage so that hauled them away. It is a crime, but cording to a study that attempts to put a generations of Americans could enjoy they are criminals. They don’t mind dollar value on ‘‘quiet recreation’’ on Bureau it, as they have for more than 100 years doing it, and that is what they do. of Land Management property. in Oregon. Congress created the Antiq- What a shame. That is an editorial comment by me: uities Act to empower the President to This is only one example, and it is ‘‘quiet recreation.’’ People are now protect our cultural, historic, and nat- right here in the middle of the picture. biking, packing, and camping. Quiet is ural resources when and where Con- It was, frankly, a vulgar drawing. They what is referred to as when there are gress cannot—or will not. These cul- knew what they were drawing. They no motorized vehicles. tural resources are stunning. For more were telling everybody how they felt To continue the quote: than 100 years Presidents have done about this antiquity. We can see the It found that sports like hiking and moun- just what Theodore Roosevelt did. bullet holes here. They used it for tar- tain biking on BLM land generated more Our current national parks were cre- get practice. than $1.8 billion in spending in 2014, that’s ated using this authority—not all of The final picture I will show is the roughly equivalent to two months of gam- them, but some of them. In fact, 16 damage that was done to the Joshua bling revenue in Las Vegas casinos. Presidents—8 Democrats and 8 Repub- trees. I know a lot about Joshua trees Our public lands are jewels that we licans—have used this authority to because where I lived and had my home must protect. To its credit, the Bureau protect lands for the benefit of the for many years—and I still own quite a of Land Management—when I was first American people. The younger George bit of property in Searchlight—has one elected here, the BLM was the hiss and Bush used the Antiquities Act. Repub- of the thickest Joshua tree forests in

VerDate Sep 11 2014 00:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.003 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1778 CONGRESSIONAL RECORD — SENATE April 7, 2016 the world. These trees are stunning. Thune amendment No. 3512 (to amendment We certainly want to enhance secu- They grow about two inches a year. No. 3464), to enhance airport security. rity in our airports. Thank goodness we They last for up to 150 years. People The PRESIDING OFFICER. The Sen- have the intelligence apparatus that don’t understand that these trees are ator from Florida. we do in this country to be able to so terrific. These trees have been bru- Mr. NELSON. Mr. President, we have smoke out the terrorist before he ever talized by these criminals. They the FAA bill on the floor. I would like does his dirty deed. It is more difficult chopped this one down. One of my to discuss some of the amendments for them to do it here in America than staffers said: Well, maybe they used it that are proposed and, hopefully, a cou- it is in Europe because of the alien- for firewood. Well, folks, have you ever ple that we will be voting on this ation of those communities that then tried to start a fire with cantaloupe? morning. There are a couple of amend- harbor the terrorists. We see the result You can’t burn this. I guess you can ments—one offered by Senator THUNE in Brussels as well as Paris. That is the burn anything, but you will not stay on behalf of himself and this Senator, Heinrich amendment. That is a broad warm. They are soft inside. It is not the ranking member of the Commerce characterization of it, but basically something you can burn. Committee, and another offered by that is the thrust. We don’t know how old the tree in Senator HEINRICH. Both amendments The Thune-Nelson amendment is this picture was, but it was probably 80 deal with the issue of security but in going at the perimeter security. OK, or 100 years old. Look at that beautiful different arenas. think Egypt and the Russian airliner. tree behind it. It is really unfortunate, Let me explain. The Thune-Nelson It was an airport employee who smug- but that is what they are doing. They amendment applies to the question of gled the bomb onto the plane, not as a perimeter security, of allowing em- are just destroying these beautiful passenger but as an airport employee. ployees to get into an airport—not the trees. Think the Atlanta airport, 2 years ago. sterile area controlled by TSA, al- One of them who was part of the Or- In a gunrunning scheme over 3 months, though, as I will explain, it can defi- egon crowd had a brand. He went out over 100 guns were transported from nitely affect the sterile area as well. branding everything with his brand. He Atlanta to New York. On the other hand, the Heinrich stamped his brand on different things The police in New York could not fig- amendment addresses security in the that should be protected. This is sad. ure out how all of these guns were get- areas where passengers bunch up out- I have tried to protect Gold Butte for ting on the streets in New York. They side of TSA security, such as in a a long time, and the reason we haven’t kept checking the trains, and they queue-up line going through TSA secu- been able to do anything up to this kept checking the interstates. They rity, or passengers bunched up at the could not figure it out. Here is how point is that the Bundy boys and their ticket counters, checking in their lug- pals kept everybody off of that prop- they did it. An employee at the At- gage. lanta airport—because Atlanta was not erty, and that is why I am grateful for Either way, as we saw from the expe- checking their employees—would the Antiquities Act. Because of this rience of the Brussels airport explo- smuggle the guns in. Then that em- legislation, the Bundys are in jail. sion, those are very tempting targets ployee had access in the terminal to I will reach out to the White House— for a terrorist. Therefore, the proposal get into the sterile area—the TSA ster- and there is no guarantee we will get it in the Heinrich amendment, which I ile area—and he would go into the done, that’s for sure—to see if Presi- would commend to the Senate, is to in- dent Obama will protect this area. He crease the level of security, particu- men’s room, meet the passenger who has the authority, as any President larly with what are called VIPR teams, had already come through security and does, to stop this sort of destruction which, in essence, are not only at air- was clean, and give the guns to him to and stop it now. Threats to our public ports but at seaports and at transpor- put them in his empty knapsack, his lands are threats to our economy, our tation hubs. backpack. This employee, over the environment, and our culture. When we Remember that in Brussels there was course of 17 times, over 3 months, preserve our lands, we preserve Amer- a bombing in one of the train stations smuggled over 100 guns. Thank good- ica, and that is what we are trying to as well. So we need to increase the sur- ness it was a criminal enterprise, not a do: Preserve this beautiful place. veillance and the security there, in- terrorist, because you can imagine I say again: Is this worth protecting cluding dogs. As a matter of fact, our what would have happened. and preserving? Of course it is. K–9 friends are some of the best that The Miami International Airport 10 Mr. President, please announce the we have when it comes to protecting us years ago figured this out. What they Senate business of the day. because their noses are attuned to did was, instead of having hundreds of entry points into the airport for air- f being able to sniff out the explosives that you cannot detect with metal de- port employees in a very large airport RESERVATION OF LEADER TIME tectors or with the AIT machine that like Atlanta, in Miami they boiled it The PRESIDING OFFICER (Mr. we go through where we hold up our down to a handful. There the employ- ees went through similar security that ROUNDS). Under the previous order, the hands to see if we have anything on us. leadership time is reserved. It can detect if you have a package, passengers do to check to see if they if you have an explosive that is some- had any weapons. They had a special f where in one of your body cavities. It is identification card that they would AMERICA’S SMALL BUSINESS TAX going to be very, very difficult. have to stick into an electronic ma- RELIEF ACT OF 2015 Dogs, because of their God-given chine and put in their code, which was sense of smell, can detect that. A prop- another way of checking to make sure The PRESIDING OFFICER. Under erly trained dog is just amazing to that the employee was who they said the previous order, the Senate will re- watch. Now, interestingly, concur- they were. sume consideration of H.R. 636, which rently there is research going on at Miami solved the problem after hav- the clerk will report. NIST, the National Institute of Stand- ing a problem with drugs 10 years ago. The legislative clerk read as follows: ards and Technology, for an artificial Interestingly, in the interim, the Or- A bill (H.R. 636) to amend the Internal Rev- dog nose, a mechanical item or a piece lando International Airport, likewise, enue Code of 1986 to permanently extend in- of software and hardware that would about 4 years ago had a similar drug creased expensing limitations, and for other purposes. actually do the same job. problem. They did the same thing. But that has not been perfected yet. They boiled down hundreds of entry Pending: That is going to be really interesting points for airport employees to a hand- Thune/Nelson amendment No. 3464, in the to see what they come up with. This ful. They had those checks. I have gone nature of a substitute. Senator will report to the Senate later to see those checks at those two air- Thune (for Gardner) amendment No. 3460 on that. But for the time being, the (to amendment No. 3464), to require the FAA ports. That is exactly how they do it. Administrator to consider the operational Heinrich amendment, which I hope we The fact is, we have 300 airports in history of a person before authorizing the will vote on this morning, is concerned the United States. There were only two person to operate certain unmanned aircraft with that security that we have seen as that were doing this kind of perimeter systems. a result of the Brussels bombing. checking. Atlanta then became the

VerDate Sep 11 2014 02:20 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.005 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1779 poster boy of what can happen in a You put a drone with plastic and (Purpose: To expand and enhance visible de- gunrunning scheme. I am happy to re- metal, let that get sucked into the en- terrents at major transportation hubs and port to the Senate that, in fact, the At- gine, and you will have a catastrophic to increase the resources to protect and se- lanta airport has now done exactly failure. You don’t want to put your cure the United States) what Miami and Orlando have done. passengers in that kind of operation. At the end of title V, insert the following: But we have 297 other airports that SEC. 5032. VISIBLE DETERRENT. Therefore, education is one thing, but Section 1303 of the Implementing Rec- need to do the same thing. there is always going to be a young ommendations of the 9/11 Commission Act of So the Thune-Nelson amendment is person that does not know about this. 2007 (6 U.S.C. 1112) is amended— exactly getting at that kind of perim- We don’t know the answer. We know (1) in subsection (a)— eter security situation. I highly com- we can take over the operation of the (A) in paragraph (3), by striking ‘‘; and’’ mend both the Thune-Nelson amend- drone, send it over here, have it set and inserting a semicolon; ment as well as the Heinrich amend- down, and have it land. The technology (B) in paragraph (4), by striking the period ment. There are a whole bunch of co- at the end and inserting ‘‘; and’’; and is there, but how do we apply that (C) by adding at the end the following: sponsors—bipartisan—on each of these. technology so we avoid this aircraft I highly recommend both of these to ‘‘(5) if the VIPR team is deployed to an air- collision? There is an increasing use of port, shall require, as appropriate based on the Senate. I hope we will vote on drones that are so helpful for so many risk, that the VIPR team conduct oper- those today—hopefully, this morning. commercial purposes, not to mention ations— Now, there are going to be, of course, the pure pleasure of flying a drone ‘‘(A) in the sterile area and any other areas a series of many other amendments, around, which we are seeing has be- to which only individuals issued security some very well intentioned that have come exceptionally popular. We ad- credentials have unescorted access; and some technical glitches, and we have ‘‘(B) in non-sterile areas.’’; and dress that in the bill by giving the ap- our very expert staff right now starting (2) in subsection (b), by striking ‘‘such propriate direction to the FAA to start to try to work out some of these tech- sums as necessary for fiscal years 2007 coming up with the solutions of how we nical glitches. Then we can get moving through 2011’’ and inserting ‘‘such sums as are going to protect aircraft in and with this FAA bill. necessary, including funds to develop not I would mention one other amend- around airports. more than 60 VIPR teams, for fiscal years 2016 through 2017’’. ment that this Senator will be offering, On down the line, there are going to SEC. 5033. LAW ENFORCEMENT TRAINING FOR and that is on a cyber security bill. Did be so many different issues with regard to drones, far beyond the scope of the MASS CASUALTY AND ACTIVE the Presiding Officer see the ‘‘60 Min- SHOOTER INCIDENTS. utes’’ segment where people with a FAA bill. On the question of privacy— Section 2006(a)(2) of the Homeland Security laptop could take over an automobile a drone suddenly coming down and Act of 2002 (6 U.S.C. 607(a)(2)) is amended— by going through the electronics of the coming at eye level outside your bed- (1) by redesignating subparagraphs (E) automobile? They can speed it up, they room window snooping—there are all through (I) as subparagraphs (F) through (J), kinds of questions about privacy. What respectively; and can make it stop it, and they can make (2) by inserting after subparagraph (D) the it turn and completely take over the about the fact that you can now put a gun on a drone? We know in a war zone following: operation of an automobile. ‘‘(E) training exercises to enhance pre- Can the Presiding Officer imagine we have the capability of doing that paredness for and response to mass casualty somebody being able to do that with an with very sophisticated weapons, such and active shooter incidents and security airliner with 250 people on board? as Hellfire missiles, but now some peo- events at public locations, including airports Therefore, whether we want to face it ple are experimenting with putting a and mass transit systems;’’. or not, we better face it because we are gun on a drone. We have the ramifica- SEC. 5034. ASSISTANCE TO AIRPORTS AND SUR- in an era that what we need to do is to tions of what that means for society to FACE TRANSPORTATION SYSTEMS. deal with in the future. For the imme- Section 2008(a) of the Homeland Security make sure technically that the sys- Act of 2002 (6 U.S.C. 609(a)) is amended— tems in an airliner are separate, that diate future, the FAA bill on the (1) by redesigning paragraphs (9) through there is an air gap, and that whatever floor—we have this problem of avoiding (13) as paragraphs (10) through (14), respec- those systems are—it might be Wi-Fi drones colliding into aircraft, and that tively; and for the airplane, it might be music, or is in the bill and it is addressed. (2) by inserting after paragraph (8) the fol- it may be whatever it is—there is an We have a lot of interesting issues to lowing: air gap so that someone cannot go into talk about. Let’s get the Senate on it, ‘‘(9) enhancing the security and prepared- that system and suddenly get into the and hopefully we can get agreement so ness of secure and non-secure areas of eligi- we can at least vote on two of these ble airports and surface transportation sys- aircraft controls. tems.’’. That is super important. One other amendments this morning. thing I would mention is what we know Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- as unmanned aerial vehicles, or drones. Mr. President, I suggest the absence ator from New Mexico. Mr. HEINRICH. Mr. President, this They have become quite popular. But, of a quorum. amendment would strengthen U.S. air- obviously, one of the things that is al- The PRESIDING OFFICER. The port security, especially in nonsecure ready in the bill, which Senator THUNE clerk will call the roll. or soft-target areas of airports—places and I have insisted on as we approach The senior assistant legislative clerk such as check-in and baggage claim this FAA bill, is that we have to come proceeded to call the roll. areas. It would also update Federal se- face-to-face with the reality that Mr. HEINRICH. Mr. President, I ask curity programs to provide active drones are now impairing the safety of unanimous consent that the order for shooter training for law enforcement an ascending or a descending aircraft. the quorum call be rescinded. and increase the presence of Federal We have seen—the two of us—an oper- The PRESIDING OFFICER. Without objection, it is so ordered. agents with bomb-sniffing canines at ation where you can now take over the these nonsecure areas. operation of a drone. AMENDMENT NO. 3482, AS MODIFIED, TO I thank the cosponsors of the amend- Education can do so much. People AMENDMENT NO. 3464 ment: Senator MANCHIN, Senator SCHU- have to understand that you basically Mr. HEINRICH. Mr. President, I call MER, Senator NELSON, Senator KLO- have to not fly a drone within 5 miles up my amendment No. 3482, as modi- BUCHAR, Senator CANTWELL, Senator of an airport. Just recently, at Miami fied, and ask that it be reported by CARPER, Senator BALDWIN, Senator number. International Airport, there was an in- DURBIN, Senator BENNET, and Senator The PRESIDING OFFICER. The bound American Airlines plane, and BLUMENTHAL. there was a drone about 1,000 feet off clerk will report. I urge all of my colleagues to join me on the left side. Remember Captain The senior assistant legislative clerk in supporting the adoption of this Sully Sullenberger, when a flock of read as follows: amendment. geese suddenly got sucked into the en- The Senator from New Mexico [Mr. HEIN- I yield the floor. gines and all power was lost. Fortu- RICH] proposes an amendment numbered 3482, Mr. President, I suggest the absence nately, he had the Hudson River that as modified, to amendment No. 3464. of a quorum. he could belly it in after he had taken The amendment, as modified, is as The PRESIDING OFFICER. The off from LaGuardia. follows: clerk will call the roll.

VerDate Sep 11 2014 02:20 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.006 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1780 CONGRESSIONAL RECORD — SENATE April 7, 2016 The legislative clerk proceeded to cost-benefit analysis of aviation secu- when the door is open. That is what our call the roll. rity. amendment does. Mr. CASEY. Mr. President, I ask So we not only have substantial sup- It passed the Transportation Com- unanimous consent that the order for port from virtually every group you mittee in the House unanimously. As the quorum call be rescinded. could point toward, but we have some Senator CASEY pointed out, it has very The PRESIDING OFFICER (Mr. expertise on how to protect pilots in broad support from many of the stake- RUBIO). Without objection, it is so or- the cockpit, how to protect passengers holders who care about the security of dered. on an airplane, and, of course, how to our commercial aviation. Mr. CASEY. Mr. President, I wish to do that by preventing terrorists from It is our hope and understanding that speak on the bill and ask consent to do getting through or near the cockpit be- we will be very soon propounding a so. cause of a good secondary barrier. unanimous consent agreement which The PRESIDING OFFICER. The Sen- This effort started literally from will allow this amendment to be pend- ator is recognized. folks we now know in Pennsylvania. It ing and that this will be one of the Mr. CASEY. Mr. President, I am started with, among other people, the amendments which will be on the dock- pleased to be joined by my colleague Saracini family, Ellen Saracini, the et for a subsequent vote. I hope we will from Pennsylvania Senator TOOMEY to wife of Captain Victor Saracini, who get to that momentarily. I hope we will talk about an issue we began to discuss piloted United Flight 175, which terror- get that locked in, and then I would on the floor yesterday, but we have ists hijacked and flew into the World urge my colleagues to vote yes on our been working many months on this Trade Center on 9/11. So in memory of amendment and enhance commercial issue. Captain Saracini and inspired by the aviation safety. It is a rather simple issue, but it is a great work of his wife Ellen Saracini, I yield the floor. matter that has some real urgency con- we offer this amendment. Mr. THUNE. Mr. President, I suggest nected to it because we are talking Again, I am very pleased to be work- the absence of a quorum. about a secondary barrier on air- ing on this with my colleague Senator The PRESIDING OFFICER. The planes—meaning a barrier other than TOOMEY, and I yield the floor. clerk will call the roll. what we know now to be a reinforced The PRESIDING OFFICER. The Sen- The legislative clerk proceeded to cockpit door—to prevent terrorists ator from Pennsylvania. from getting into the cockpit. What we Mr. TOOMEY. Mr. President, I would call the roll. need to do in addition to that, after like to underscore the points made by Mrs. FISCHER. Mr. President, I ask unanimous consent that the order for Congress mandated the installation of my colleague Senator CASEY. I thank these reinforced cockpit doors, is add a him for his leadership. the quorum call be rescinded. secondary barrier. This is a very simple matter that is The PRESIDING OFFICER. Without This is something that arises because very straightforward and common objection, it is so ordered. we not only know from the attack on sense. We know there is a very real vul- Mrs. FISCHER. Mr. President, I rise 9/11 but thereafter, we know that, No. nerability in our commercial aircraft. to discuss an important matter before 1, this is still an intention that terror- We know this. There is no mystery the Senate, the reauthorization of our ists have to take over an airplane. We here. And we have a very simple, af- Nation’s Federal Aviation Administra- know since 9/11, 51—I will correct the fordable, reasonable solution that will tion. The FAA is tasked with a critical record from yesterday, I think I said provide the security we need. mission to manage the safety and the 15, I had transposed the number—but it After September 11, 2001, Congress security of our Nation’s airspace. is 51 hijacking attempts around the very rightly mandated that the cockpit Our Nation’s airspace is an incredible world since 9/11. This is not a problem door be reinforced so that it is vir- resource that fuels our economy. Ac- that is going away, and we have to deal tually impossible to destroy that door, cording to the Bureau of Transpor- with it. to knock down that door, to defeat the tation Statistics, in 2015, a record 896 This is the barrier we are talking purpose of that door when it is closed million passengers traversed America’s about. So people understand the nature and latched. The problem is that when skies. Our aviation system contributes of this barrier, this is a lightweight it is open—which it must be open peri- $1.5 trillion to our Nation’s economy wire mesh gate that would prevent a odically during many flights—a very and it supports 11.8 million jobs for terrorist from getting into the cockpit strong door is useless. We know what hard-working Americans, as noted by or even getting to the door of the cock- happens now on airlines because we the National Air Traffic Controllers pit, which, as we said, is already rein- have all witnessed it, right? When a Association. forced. What it does fundamentally is pilot needs to come out or go in or The Senate’s FAA reauthorization block access to the flight deck. That is there is access to the cockpit when bill will make our aviation system what we are talking about. That is that door is open, the flight attendant stronger for families, children, vet- what our amendment does. rolls a little serving cart in front of the erans, and the traveling public. It will We know the substantial number of door. I suppose that is better than also benefit Nebraska’s rural airports groups that support this. I will just nothing, but it is not much better than and local aviation stakeholders. Nota- read the list for the record. And this nothing. That cart can be rolled away. bly, this carefully negotiated bill will actually is support for the underlying We are not the only ones who have strengthen America’s aviation system bill that Senator TOOMEY and I and observed this. An FAA advisory has ob- without raising fees or taxes on airline others have been working on for a served this risk. The 9/11 Commission passengers. while. The underlying bill itself was S. pointed out that the terrorists were Our robust, bipartisan legislation in- 911. Also, the amendment, amendment very focused on the opportunity cre- cludes several major priorities I cham- No. 3458, is endorsed by the following ated by the opening of the cockpit pioned. I am proud of bipartisan lan- groups: the Airline Pilots Association, door. As Senator CASEY pointed out, guage I worked to include in the bill, the Allied Pilots Association, the Asso- there have been multiple attempts to along with Senators BOOKER, CANT- ciation of Flight Attendants, the Fed- breach that door. Several have been WELL, and AYOTTE. Our provision eral Law Enforcement Officers Associa- successful. We have an amendment would compel the FAA to work with tion, the US Airline Pilots Association, that solves this problem in a very af- the airline industry to comprehen- the Coalition of Airline Pilots Associa- fordable, reasonable, sensible way. It is sively assess and update guidelines for tion, the Port Authority of New York a lightweight, collapsible barrier made emergency medical kits on commercial & New Jersey, and Families of Sep- of wire mesh, and a flight attendant aircraft. These kits, which haven’t tember 11. can simply draw it across the opening, been statutorily updated since 1998, There have been numerous studies lock it, and then at that point the provide lifesaving resources for pas- done. I am holding a study—although cockpit door can be opened and there is sengers. It is well past time for the you can’t see it from a distance—which no way someone would be able to rush FAA to evaluate medications and was conducted by the Cato Institute, through that wire mesh in time to get equipment included in these kits. among others, on terrorism risk and to the cockpit during that moment Doing so will ensure all passengers,

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In SEC. l102. FINDINGS. mothers to care for their young in- fact, Chairman THUNE toured the fa- Congress makes the following findings: fants. Our amendment unanimously cilities at Duncan Aviation with me in (1) A number of recent airport security passed the Commerce Committee. We Lincoln last fall. breaches in the United States have involved worked closely with airport stake- the use of Secure Identification Display Area holders, including Omaha’s Eppley Air- Our bill would provide clarity to (referred to in this section as ‘‘SIDA’’) field, to establish reasonable minimum aviation businesses like Duncan Avia- badges, the credentials used by airport and standards for both medium- and large- tion by compelling the FAA to estab- airline workers to access the secure areas of lish a centralized safety guidance data- an airport. hub airports to develop private rooms (2) In December 2014, a Delta ramp agent at for nursing mothers in future capital base. Moreover, the bill would require the FAA to establish a Regulatory Hartsfield-Jackson Atlanta International development plans. Traveling as a new Airport was charged with using his SIDA mom can be challenging and it can be Consistency Communications Board. badge to bypass airport security checkpoints stressful at times, but I believe this The Board would set standards to en- and facilitate an interstate gun smuggling important change will provide in- sure the consistent application of regu- operation over a number of months via com- creased flexibility and also peace of lations and guidance at regional offices mercial aircraft. mind for mothers traveling through throughout our country. Agricultural (3) In January 2015, an Atlanta-based Avia- airports across our country. aviators in Nebraska will also benefit tion Safety Inspector of the Federal Aviation I also joined Senator HIRONO to in- from safety enhancements in this bill. Administration used his SIDA badge to by- clude an amendment that would ensure Far too many of our agricultural pilots pass airport security checkpoints and trans- port a firearm in his carry-on luggage. disabled veterans working at the FAA have died in recent years after colli- (4) In February 2015, a local news investiga- have access to service-connected dis- sions with unmarked utility towers. tion found that over 1,000 SIDA badges at ability leave. The FAA was one of the This legislation would ensure that Hartsfield-Jackson Atlanta International few agencies not included in the re- towers are marked to create safer skies Airport were lost or missing. cently passed Wounded Warriors Fed- for our agriculture pilots. Passing our (5) In March 2015, and again in May 2015, Transportation Security Administration eral Leave Act. That bill required Fed- FAA bill will be a major accomplish- eral agencies to ensure disabled vets contractors were indicted for participating ment for the Senate. I appreciate and in a drug smuggling ring using luggage have access to service-connected dis- commend the hard work of Chairman ability leave. Our disabled veterans passed through the secure area of the San THUNE, Ranking Member NELSON, and Francisco International Airport. bravely served our country, and they their committee staffers on this mean- (6) The Administration has indicated that deserve access to benefits they have ingful FAA reauthorization bill. In the it does not maintain a list of lost or missing earned. I am grateful for the achieve- coming days, I look forward to working SIDA badges, and instead relies on airport ments this bill will advance for the fly- together to help pass this critical legis- operators to track airport worker creden- ing public. At the same time, the bill is tials. lation that will benefit the flying pub- also a victory for Nebraska’s rural (7) The Administration rarely uses its en- lic, our national aviation system, and communities and airports. forcement authority to fine airport opera- The Small Airport Regulation Relief Nebraska’s rural airports and aviation tors that reach a certain threshold of miss- Act, which is included in the FAA bill, stakeholders. ing SIDA badges. would create a temporary exemption Mr. President, I yield the floor. (8) In April 2015, the Aviation Security Ad- visory Committee issued 28 recommenda- for small airports so they can continue I suggest the absence of a quorum. tions for improvements to airport access to receive airport improvement pro- The PRESIDING OFFICER. The control. gram funds—those AIP funds—despite clerk will call the roll. (9) In June 2015, the Inspector General of downturns in air service. The survival the Department of Homeland Security re- of smaller airports, such as The legislative clerk proceeded to ported that the Administration did not have Scottsbluff’s Western Nebraska Re- call the roll. all relevant information regarding 73 airport gional Airport, depends on these cru- Mr. THUNE. Mr. President, I ask workers who had records in United States in- cial funds to provide service to local telligence-related databases because the Ad- unanimous consent that the order for ministration was not authorized to receive passengers and businesses. Several of the quorum call be rescinded. all terrorism-related information under cur- Nebraska’s small and community air- The PRESIDING OFFICER. Without rent interagency watchlisting policy. ports, such as Alliance, Chadron, Grand objection, it is so ordered. (10) The Inspector General also found that Island, McCook, North Platte, and the Administration did not have appropriate Scottsbluff, will also benefit from a Mr. THUNE. Mr. President, I ask checks in place to reject incomplete or inac- continuation of the Essential Air Serv- unanimous consent that my amend- curate airport worker employment inves- ice, or EAS, Program. The EAS Pro- ment numbered 3512 be modified with tigations, including criminal history record gram incentivizes air carriers to pro- the changes at the desk and that at checks and work authorization verifications, vide service to underserved and rural 12:05 p.m. today the Senate vote on the and had limited oversight over the airport following amendments in the order operators that the Administration relies on areas, and it is critical to ensuring air to perform criminal history and work au- service continues for Nebraska’s rural listed: Thune No. 3512, as modified; and thorization checks for airport workers. communities. Heinrich No. 3482, as modified; further (11) There is growing concern about the po- Meanwhile, the Central Nebraska Re- that at 1:45 p.m. today the Senate vote tential insider threat at airports in light of gional Airport in Grand Island is grow- on the Schumer amendment No. 3483 recent terrorist activities. ing and hosts a privately operated Fed- and that no second-degree amendments SEC. l103. DEFINITIONS. eral contract tower. I encouraged the be in order to any of the amendments In this subtitle: inclusion of provisions to compel the prior to the vote and that there be 2 (1) ADMINISTRATION.—The term ‘‘Adminis- FAA to complete a pending cost-ben- minutes equally divided prior to each tration’’ means the Transportation Security efit analysis for Federal contract tower vote. Administration. (2) ADMINISTRATOR.—The term ‘‘Adminis- airports. This analysis would reflect The PRESIDING OFFICER. Without the cost-share arrangement more accu- trator’’ means the Administrator of the objection, it is so ordered. Transportation Security Administration. rately between our local airports and (3) APPROPRIATE COMMITTEES OF CON- the FAA for those contract towers. The amendment (No. 3512), as modi- fied, is as follows: GRESS.—The term ‘‘appropriate committees Through this legislation, we can help of Congress’’ means— to reduce the burden on local airports At the appropriate place, insert the fol- (A) the Committee on Commerce, Science, such as Grand Island, NE. lowing: and Transportation of the Senate;

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(B) the Committee on Homeland Security missing more than 3 percent of credentials (3) WAIVER PROCESS FOR DENIED CREDEN- and Governmental Affairs of the Senate; and for unescorted access to any SIDA of an air- TIALS.—Notwithstanding section 44936(b) of (C) the Committee on Homeland Security port; title 49, United States Code, in revising the of the House of Representatives. (E) increased fines and direct enforcement regulations under paragraph (1) of this sub- (4) ASAC.—The term ‘‘ASAC’’ means the requirements for both airport workers and section, the Administrator shall— Aviation Security Advisory Committee es- their employers that fail to report within 24 (A) ensure there exists or is developed a tablished under section 44946 of title 49, hours an employment termination or a miss- waiver process for approving the issuance of United States Code. ing credential for unescorted access to any credentials for unescorted access to the (5) SECRETARY.—The term ‘‘Secretary’’ SIDA of an airport; and SIDA, for an individual found to be other- means the Secretary of Homeland Security. (F) a method for termination by the em- wise ineligible for such credentials; and (6) SIDA.—The term ‘‘SIDA’’ means Secure ployer of any airport worker that fails to re- (B) consider, as appropriate and prac- Identification Display Area as defined in sec- port in a timely manner missing credentials ticable— tion 1540.5 of title 49, Code of Federal Regula- for unescorted access to any SIDA of an air- (i) the circumstances of any disqualifying tions, or any successor regulation to such port. act or offense, restitution made by the indi- section. (b) TEMPORARY CREDENTIALS.—The Admin- vidual, Federal and State mitigation rem- SEC. l104. THREAT ASSESSMENT. istrator may encourage the issuance by air- edies, and other factors from which it may (a) INSIDER THREATS.— port and aircraft operators of free one-time, be concluded that the individual does not (1) IN GENERAL.—Not later than 90 days 24-hour temporary credentials for workers pose a terrorism risk or a risk to aviation se- after the date of enactment of this Act, the who have reported their credentials missing, curity warranting denial of the credential; Administrator shall conduct or update an as- but not permanently lost, stolen, or de- and sessment to determine the level of risk posed stroyed, in a timely manner, until replace- (ii) the elements of the appeals and waiver to the domestic air transportation system by ment of credentials under section 1542.211 of process established under section 70105(c) of individuals with unescorted access to a se- title 49 Code of Federal Regulations is nec- title 46, United States Code. essary. cure area of an airport (as defined in section (4) LOOK BACK.—In revising the regulations (c) NOTIFICATION AND REPORT TO CON- 44903(j)(2)(H)) in light of recent international under paragraph (1), the Administrator shall GRESS.—The Administrator shall— terrorist activity. propose that an individual be disqualified if (1) notify the appropriate committees of (2) CONSIDERATIONS.—In conducting or up- the individual was convicted, or found not Congress each time an airport operator re- dating the assessment under paragraph (1), guilty by reason of insanity, of a disquali- ports that more than 3 percent of credentials the Administrator shall consider— fying criminal offense within 15 years before for unescorted access to any SIDA at a Cat- (A) domestic intelligence; the date of an individual’s application, or if egory X airport are missing or more than 5 (B) international intelligence; the individual was incarcerated for that percent of credentials to access any SIDA at (C) the vulnerabilities associated with crime and released from incarceration with- any other airport are missing; and unescorted access authority granted to do- in 5 years before the date of the individual’s (2) submit to the appropriate committees mestic airport operators and air carriers, application. of Congress an annual report on the number and their employees; (5) CERTIFICATIONS.—The Administrator of violations and fines related to unescorted (D) the vulnerabilities associated with shall require an airport or aircraft operator, access to the SIDA of an airport collected in unescorted access authority granted to for- as applicable, to certify for each individual the preceding fiscal year. eign airport operators and air carriers, and who receives unescorted access to any SIDA SEC. l106. CREDENTIALS. their employees; of an airport that— (a) LAWFUL STATUS.—Not later than 90 (E) the processes and practices designed to (A) a specific need exists for providing that days after the date of enactment of this Act, mitigate the vulnerabilities associated with individual with unescorted access authority; the Administrator shall issue guidance to unescorted access privileges granted to air- and port operators and air carriers, and their em- airport operators regarding placement of an (B) the individual has certified to the air- ployees; expiration date on each airport credential port or aircraft operator that the individual (F) the recent security breaches at domes- issued to a non-United States citizen no understands the requirements for possessing tic and foreign airports; and longer than the period of time during which a SIDA badge. (G) the recent security improvements at that non-United States citizen is lawfully (6) REPORT TO CONGRESS.—Not later than 90 domestic airports, including the implemen- authorized to work in the United States. days after the date of enactment, the Admin- tation of recommendations made by relevant (b) REVIEW OF PROCEDURES.— istrator shall submit to the appropriate com- advisory committees. (1) IN GENERAL.—Not later than 90 days (b) REPORTS TO CONGRESS.—The Adminis- after the date of enactment of this Act, the mittees of Congress a report on the status of trator shall submit to the appropriate com- Administrator shall— the revision to the regulations issued under mittees of Congress— (A) issue guidance for transportation secu- section 44936 of title 49, United States Code, (1) a report on the results of the assess- rity inspectors to annually review the proce- in accordance with this section. ment under subsection (a), including any rec- dures of airport operators and air carriers for (7) RULE OF CONSTRUCTION.—Nothing in this ommendations for improving aviation secu- applicants seeking unescorted access to any subsection may be construed to affect exist- rity; SIDA of an airport; and ing aviation worker vetting fees imposed by (2) a report on the implementation status (B) make available to airport operators the Administration. of any recommendations made by the ASAC; and air carriers information on identifying (b) RECURRENT VETTING.— and suspicious or fraudulent identification mate- (1) IN GENERAL.—Not later than 90 days (3) regular updates about the insider threat rials. after the date of enactment of this Act, the environment as new information becomes (2) INCLUSIONS.—The guidance shall require Administrator and the Director of the Fed- available and as needed. a comprehensive review of background eral Bureau of Investigation shall fully im- SEC. l105. OVERSIGHT. checks and employment authorization docu- plement the Rap Back service for recurrent (a) ENHANCED REQUIREMENTS.— ments issued by the Citizenship and Immi- vetting of eligible Administration-regulated (1) IN GENERAL.—Subject to public notice gration Services during the course of a re- populations of individuals with unescorted and comment, and in consultation with air- view of procedures under paragraph (1). access to any SIDA of an airport. port operators, the Administrator shall up- SEC. l107. VETTING. (2) REQUIREMENTS.—As part of the require- date the rules on access controls issued by (a) ELIGIBILITY REQUIREMENTS.— ment in paragraph (1), the Administrator the Secretary under chapter 449 of title 49, (1) IN GENERAL.—Not later than 180 days shall ensure that— United States Code. after the date of enactment of this Act, and (A) any status notifications the Adminis- (2) CONSIDERATIONS.—As part of the update subject to public notice and comment, the tration receives through the Rap Back serv- under paragraph (1), the Administrator shall Administrator shall revise the regulations ice about criminal offenses be limited to consider— issued under section 44936 of title 49, United only disqualifying criminal offenses in ac- (A) increased fines and advanced oversight States Code, in accordance with this section cordance with the regulations promulgated for airport operators that report missing and current knowledge of insider threats and by the Administration under section 44903 of more than 5 percent of credentials for intelligence, to enhance the eligibility re- title 49, United States Code, or other Federal unescorted access to any SIDA of an airport; quirements and disqualifying criminal of- law; and (B) best practices for Category X airport fenses for individuals seeking or having (B) any information received by the Ad- operators that report missing more than 3 unescorted access to a SIDA of an airport. ministration through the Rap Back service percent of credentials for unescorted access (2) DISQUALIFYING CRIMINAL OFFENSES.—In is provided directly and immediately to the to any SIDA of an airport; revising the regulations under paragraph (1), relevant airport and aircraft operators. (C) additional audits and status checks for the Administrator shall consider adding to (3) REPORT TO CONGRESS.—Not later than 60 airport operators that report missing more the list of disqualifying criminal offenses days after the date of enactment of this Act, than 3 percent of credentials for unescorted and criteria the offenses and criteria listed the Administrator shall submit to the appro- access to any SIDA of an airport; in section 122.183(a)(4) of title 19, Code of priate committees of Congress a report on (D) review and analysis of the prior 5 years Federal Regulations and section 1572.103 of the implementation status of the Rap Back of audits for airport operators that report title 49, Code of Federal Regulations. service.

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(c) ACCESS TO TERRORISM-RELATED DATA.— mented additional airport worker screening (2) report to the appropriate committees of Not later than 30 days after the date of en- or perimeter security to improve airport se- Congress on the results of the assessment actment of this Act, the Administrator and curity, including— under paragraph (1), including any rec- the Director of National Intelligence shall (A) comprehensive airport worker screen- ommendations. coordinate to ensure that the Administrator ing at access points to secure areas; SEC. l113. MISCELLANEOUS AMENDMENTS. is authorized to receive automated, real- (B) comprehensive perimeter screening, in- (a) ASAC TERMS OF OFFICE.—Section time access to additional Terrorist Identities cluding vehicles; 44946(c)(2)(A) is amended to read as follows: Datamart Environment (TIDE) data and any (C) enhanced fencing or perimeter sensors; ‘‘(A) TERMS.—The term of each member of other terrorism related category codes to and the Advisory Committee shall be 2 years, but improve the effectiveness of the Administra- (D) any additional airport worker screen- a member may continue to serve until the tion’s credential vetting program for individ- ing or perimeter security measures the Ad- Assistant Secretary appoints a successor. A uals that are seeking or have unescorted ac- ministrator identifies. member of the Advisory Committee may be cess to a SIDA of an airport. (2) BEST PRACTICES.—After completing the reappointed.’’. (d) ACCESS TO E-VERIFY AND SAVE PRO- review under paragraph (1), the Adminis- (b) FEEDBACK.—Section 44946(b)(5) is GRAMS.—Not later than 90 days after the date trator shall— amended to read as follows: of enactment of this Act, the Secretary shall (A) identify best practices for additional ‘‘(5) FEEDBACK.—Not later than 90 days authorize each airport operator to have di- access control and airport worker security at after receiving recommendations trans- rect access to the E-Verify program and the airports; and mitted by the Advisory Committee under Systematic Alien Verification for Entitle- (B) disseminate the best practices identi- paragraph (2) or paragraph (4), the Assistant ments (SAVE) automated system to deter- fied under subparagraph (A) to airport opera- Secretary shall respond in writing to the Ad- mine the eligibility of individuals seeking tors. visory Committee with feedback on each of unescorted access to a SIDA of an airport. (3) PILOT PROGRAM.—The Administrator the recommendations, an action plan to im- SEC. l108. METRICS. may conduct a pilot program at 1 or more plement any of the recommendations with (a) IN GENERAL.—Not later than 1 year airports to test and validate best practices which the Assistant Secretary concurs, and a after the date of enactment of this Act, the for comprehensive airport worker screening justification for why any of the rec- Administrator shall develop and implement or perimeter security under paragraph (2). ommendations have been rejected.’’. performance metrics to measure the effec- SEC. l110. COVERT TESTING. Subtitle B—TSA PreCheck Expansion Act tiveness of security for the SIDAs of air- (a) IN GENERAL.—The Administrator shall SEC. l201. SHORT TITLE. ports. increase the use of red-team, covert testing This subtitle may be cited as the ‘‘TSA (b) CONSIDERATIONS.—In developing the of access controls to any secure areas of an PreCheck Expansion Act’’. performance metrics under subsection (a), airport. SEC. l202. DEFINITIONS. the Administrator may consider— (b) ADDITIONAL COVERT TESTING.—The In- In this subtitle: (1) adherence to access point procedures; spector General of the Department of Home- (1) ADMINISTRATOR.—The term ‘‘Adminis- (2) proper use of credentials; land Security shall conduct red-team, covert trator’’ means the Administrator of the (3) differences in access point requirements testing of airport access controls to the Transportation Security Administration. between airport workers performing func- SIDA of airports. (2) DEPARTMENT.—The term ‘‘Department’’ tions on the airside of an airport and airport (c) REPORTS TO CONGRESS.— means the Department of Homeland Secu- workers performing functions in other areas (1) ADMINISTRATOR REPORT.—Not later than rity. 90 days after the date of enactment of this of an airport; (3) PRECHECK PROGRAM.—The term (4) differences in access point characteris- Act, the Administrator shall submit to the ‘‘PreCheck Program’’ means the trusted tics and requirements at airports; and appropriate committee of Congress a report traveler program implemented by the Trans- (5) any additional factors the Adminis- on the progress to expand the use of inspec- portation Security Administration under trator considers necessary to measure per- tions and of red-team, covert testing under section 109(a)(3) of the Aviation and Trans- formance. subsection (a). portation Security Act (49 U.S.C. 114). SEC. l109. INSPECTIONS AND ASSESSMENTS. (2) INSPECTOR GENERAL REPORT.—Not later (4) TSA.—The term ‘‘TSA’’ means the (a) MODEL AND BEST PRACTICES.—Not later than 180 days after the date of enactment of Transportation Security Administration. this Act, the Inspector General of the De- than 180 days after the date of enactment of SEC. l203. PRECHECK PROGRAM AUTHORIZA- this Act, the Administrator, in consultation partment of Homeland Security shall submit TION. with the ASAC, shall develop a model and to the appropriate committee of Congress a The Administrator shall continue to ad- best practices for unescorted access security report on the effectiveness of airport access minister the PreCheck Program established that— controls to the SIDA of airports based on under the authority of the Aviation and (1) use intelligence, scientific algorithms, red-team, covert testing under subsection Transportation Security Act (Public Law and risk-based factors; (b). 107–71; 115 Stat. 597). (2) ensure integrity, accountability, and SEC. l111. SECURITY DIRECTIVES. SEC. l204. PRECHECK PROGRAM ENROLLMENT control; (a) REVIEW.—Not later than 180 days after EXPANSION. (3) subject airport workers to random the date of enactment of this Act, and annu- (a) IN GENERAL.—Not later than 90 days physical security inspections conducted by ally thereafter, the Administrator, in con- after the date of enactment of this Act, the Administration representatives in accord- sultation with the appropriate regulated en- Administrator shall publish PreCheck Pro- ance with this section; tities, shall conduct a comprehensive review gram enrollment standards that add mul- (4) appropriately manage the number of of every current security directive addressed tiple private sector application capabilities SIDA access points to improve supervision of to any regulated entity— for the PreCheck Program to increase the and reduce unauthorized access to these (1) to determine whether the security di- public’s enrollment access to the program, areas; and rective continues to be relevant; including standards that allow the use of se- (5) include validation of identification ma- (2) to determine whether the security di- cure technologies, including online enroll- terials, such as with biometrics. rectives should be streamlined or consoli- ment, kiosks, tablets, or staffed laptop sta- (b) INSPECTIONS.—Consistent with a risk- dated to most efficiently maximize risk re- tions at which individuals can apply for based security approach, the Administrator duction; and entry into the program. shall expand the use of transportation secu- (3) to update, consolidate, or revoke any (b) REQUIREMENTS.—Upon publication of rity officers and inspectors to conduct en- security directive as necessary. the PreCheck Program enrollment standards hanced, random and unpredictable, data- (b) NOTICE.—For each security directive under subsection (a), the Administrator driven, and operationally dynamic physical that the Administrator issues, the Adminis- shall— inspections of airport workers in each SIDA trator shall submit to the appropriate com- (1) coordinate with interested parties— of an airport and at each SIDA access mittees of Congress notice of— (A) to deploy TSA-approved ready-to-mar- point— (1) the extent to which the security direc- ket private sector solutions that meet the (1) to verify the credentials of airport tive responds to a specific threat, security PreCheck Program enrollment standards workers; threat assessment, or emergency situation under subsection (a); (2) to determine whether airport workers against civil aviation; and (B) to make available additional PreCheck possess prohibited items, except for those (2) when it is anticipated that the security Program enrollment capabilities; and that may be necessary for the performance directive will expire. (C) to offer secure online and mobile en- of their duties, as appropriate, in any SIDA SEC. l112. IMPLEMENTATION REPORT. rollment opportunities; of an airport; and Not later than 1 year after the date of en- (2) partner with the private sector to col- (3) to verify whether airport workers are actment of this Act, the Comptroller General lect biographic and biometric identification following appropriate procedures to access a of the United States shall— information via kiosks, mobile devices, or SIDA of an airport. (1) assess the progress made by the Admin- other mobile enrollment platforms to in- (c) SCREENING REVIEW.— istration and the effect on aviation security crease enrollment flexibility and minimize (1) IN GENERAL.—The Administrator shall of implementing the requirements under sec- the amount of travel to enrollment centers conduct a review of airports that have imple- tions l104 through l111 of this Act; and for applicants;

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(b) GAO REVIEW.—Not later than 180 days applicable standards developed by the Na- (f) VETTING FOR PRECHECK PROGRAM PAR- after the submission of the plan required tional Institute of Standards and Tech- TICIPANTS.—Not later than 90 days after the under subsection (a), the Comptroller Gen- nology; and date of enactment of this Act, the Adminis- eral of the United States shall review the ef- (B) protects privacy and data security, in- trator shall initiate an assessment to iden- forts, capabilities, and effectiveness of the cluding that any personally identifiable in- tify any security vulnerabilities in the vet- Transportation Security Administration to formation is collected, retained, used, and ting process for the PreCheck Program, in- enhance security capabilities at foreign air- shared in a manner consistent with section cluding determining whether subjecting ports and determine if the implementation 552a of title 5, United States Code (com- PreCheck Program participants to recurrent of such efforts and capabilities effectively se- monly known as ‘‘Privacy Act of 1974’’), and fingerprint-based criminal history records cures international-inbound aviation. with agency regulations; checks, in addition to recurrent checks SEC. l304. WORKFORCE ASSESSMENT. (4) ensure that the enrollment process is against the terrorist watchlist, could be done Not later than 270 days after the date of streamlined and flexible to allow an indi- in a cost-effective manner to strengthen the enactment of this Act, the Administrator of vidual to provide additional information to security of the PreCheck Program. the Transportation Security Administration complete enrollment and verify identity; and Subtitle C—Securing Aviation From Foreign shall submit to Congress a comprehensive (5) ensure that any enrollment expansion Entry Points and Guarding Airports workforce assessment of all Administration using a private sector risk assessment in- Through Enhanced Security Act of 2016 personnel within the Office of Global Strate- stead of a fingerprint-based criminal history gies of the Administration or whose primary records check is evaluated and certified by SEC. l301. SHORT TITLE. professional duties contribute to the Admin- the Secretary of Homeland Security, and This subtitle may be cited as the ‘‘Secur- istration’s global efforts to secure transpor- verified by the Government Accountability ing Aviation from Foreign Entry Points and tation security, including a review of wheth- Office or a federally funded research and de- Guarding Airports Through Enhanced Secu- er such personnel are assigned in a risk- velopment center after award to be equiva- rity Act of 2016’’. based, intelligence-driven manner. lent to a fingerprint-based criminal history SEC. l302. LAST POINT OF DEPARTURE AIRPORT records check conducted through the Federal SECURITY ASSESSMENT. SEC. l305. DONATION OF SCREENING EQUIP- (a) IN GENERAL.—Not later than 180 days MENT TO PROTECT THE UNITED Bureau of Investigation, with respect to the STATES. effectiveness in identifying individuals who after the date of enactment of this Act, the (a) IN GENERAL.—The Administrator of the are not qualified to participate in the Pre- Administrator of the Transportation Secu- Transportation Security Administration is Check Program due to disqualifying criminal rity Administration shall conduct a com- authorized to donate security screening history; and prehensive security risk assessment of all equipment to a foreign last point of depar- (6) ensure that the Secretary has certified last point of departure airports with nonstop ture airport operator if such equipment can that reasonable procedures are in place with flights to the United States. (b) CONTENTS.—The security risk assess- be reasonably expected to mitigate a specific regard to the accuracy, relevancy, and prop- ment required under subsection (a) shall in- vulnerability to the security of the United er utilization of information employed in clude consideration of the following: States or United States citizens. private sector risk assessments. (1) The level of coordination and coopera- (b) REPORT.—Not later than 30 days before (c) MARKETING OF PRECHECK PROGRAM.— Upon publication of PreCheck Program en- tion between the Transportation Security any donation of security screening equip- rollment standards under subsection (a), the Administration and the foreign government ment pursuant to subsection (a), the Admin- Administrator shall— of the country in which the last point of de- istrator of the Transportation Security Ad- (1) in accordance with those standards, de- parture airport with nonstop flights to the ministration shall provide to the Committee velop and implement— United States is located. on Homeland Security and Governmental Af- (A) a continual process, including an asso- (2) The intelligence and threat mitigation fairs and the Committee on Commerce, ciated timeframe, for approving private sec- capabilities of the country in which such air- Science, and Transportation of the Senate tor marketing of the PreCheck Program; and port is located. and the Committee on Homeland Security of (B) a long-term strategy for partnering (3) The number of known or suspected ter- the House of Representatives a detailed writ- with the private sector to encourage enroll- rorists annually transiting through such air- ten explanation of the following: ment in such program; port. (1) The specific vulnerability to the United (2) submit to Congress, at the end of each (4) The degree to which the foreign govern- States or United States citizens that will be fiscal year, a report on any PreCheck Pro- ment of the country in which such airport is mitigated by such donation. gram application fees collected in excess of located mandates, encourages or prohibits (2) An explanation as to why the recipient the costs of administering the program, in- the collection, analysis, and sharing of pas- of such donation is unable or unwilling to cluding to access the feasibility of the pro- senger name records. purchase security screening equipment to gram, for the preceding fiscal year; and (5) The passenger security screening prac- mitigate such vulnerability. (3) include in the report under paragraph tices, capabilities, and capacity of such air- (3) An evacuation plan for sensitive tech- (2) recommendations for using such amounts port. nologies in case of emergency or instability to support marketing of the program under (6) The security vetting undergone by avia- in the country to which such donation is this subsection. tion workers at such airport. being made. (d) IDENTITY VERIFICATION ENHANCEMENT.— (7) The access controls utilized by such air- (4) How the Administrator will ensure the Not later than 120 days after the date of en- port to limit to authorized personnel access security screening equipment that is being actment of this Act, the Administrator to secure and sterile areas of such airports. donated is used and maintained over the shall— SEC. l303. SECURITY COORDINATION ENHANCE- course of its life by the recipient. (1) coordinate with the heads of appro- MENT PLAN. (5) The total dollar value of such donation. priate components of the Department to le- (a) IN GENERAL.—Not later than 240 days SEC. l306. NATIONAL CARGO SECURITY PRO- verage department-held data and tech- after the date of enactment of this Act, the GRAM. nologies to verify the citizenship of individ- Administrator of the Transportation Secu- (a) IN GENERAL.—The Administrator of the uals enrolling in the PreCheck Program; rity Administration shall submit to Congress Transportation Security Administration (2) partner with the private sector to use and the Government Accountability Office a may evaluate foreign countries’ air cargo se- biometrics and authentication standards, plan— curity programs to determine whether such such as relevant standards developed by the (1) to enhance and bolster security collabo- programs provide a level of security com- National Institute of Standards and Tech- ration, coordination, and information shar- mensurate with the level of security required nology, to facilitate enrollment in the pro- ing relating to securing international-in- by United States air cargo security pro- gram; and bound aviation between the United States grams. (3) consider leveraging the existing re- and domestic and foreign partners, including (b) APPROVAL AND RECOGNITION.— sources and abilities of airports to conduct U.S. Customs and Border Protection, foreign (1) IN GENERAL.—If the Administrator of fingerprint and background checks to expe- government entities, passenger air carriers, the Transportation Security Administration dite identity verification. cargo air carriers, and United States Govern- determines that a foreign country’s air cargo (e) PRECHECK PROGRAM LANES OPER- ment entities, in order to enhance security security program evaluated under subsection ATION.—The Administrator shall— capabilities at foreign airports, including (a) provides a level of security commensu- (1) ensure that PreCheck Program screen- airports that may not have nonstop flights rate with the level of security required by ing lanes are open and available during peak to the United States but are nonetheless de- United States air cargo security programs, and high-volume travel times at appropriate termined by the Administrator to be high the Administrator shall approve and offi- airports to individuals enrolled in the risk; and cially recognize such foreign country’s air PreCheck Program; and (2) that includes an assessment of the abil- cargo security program. (2) make every practicable effort to pro- ity of the Administration to enter into a mu- (2) EFFECT OF APPROVAL AND RECOGNITION.— vide expedited screening at standard screen- tual agreement with a foreign government If the Administrator of the Transportation

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Security Administration approves and offi- (c) REPORT.—Not later than 1 year after relating to unmanned aircraft systems tech- cially recognizes pursuant to paragraph (1) a the date of enactment of this Act, the Ad- nology and regulations can be incorporated foreign country’s air cargo security program, ministrator shall submit to the appropriate into the Veterans Employment Program of cargo aircraft of such foreign country shall committees of Congress a report on the re- the Administration, particularly in the not be required to adhere to United States sults of the Aviation Security Advisory Com- interaction between such program and the air cargo security programs that would oth- mittee review, including any recommenda- New Sights Work Experience Program and erwise be applicable. tions for improving screening processes. the Vet-Link Cooperative Education Pro- (c) REVOCATION AND SUSPENSION.— AMENDMENTS NOS. 3458, AS MODIFIED; 3495; AND gram. (1) IN GENERAL.—If the Administrator of 3524 EN BLOC TO AMENDMENT NO. 3464 AMENDMENT NO. 3524 the Transportation Security Administration Mr. THUNE. Mr. President, finally, I (Purpose: To improve air service for families determines at any time that a foreign coun- and pregnant women) try’s air cargo security program approved ask unanimous consent to set aside the Strike section 3113 and insert the fol- and officially recognized under subsection (b) pending amendment in order to call up lowing: no longer provides a level of security com- the following amendments: Casey- mensurate with the level of security required SEC. 3113. LASTING IMPROVEMENTS TO FAMILY Toomey No. 3458, as modified; Heller TRAVEL. by United States air cargo security pro- No. 3495; and Bennet No. 3524. (a) SHORT TITLE.—This section may be grams, the Administrator may revoke or The PRESIDING OFFICER. Is there cited as the ‘‘Lasting Improvements to Fam- temporarily suspend such approval and offi- objection? ily Travel Act’’ or the ‘‘LIFT Act’’. cial recognition until such time as the Ad- Without objection, it is so ordered. (b) ACCOMPANYING MINORS FOR SECURITY ministrator determines that such foreign SCREENING.—The Administrator of the country’s cargo security programs provide a The Senator from Florida. Mr. NELSON. Mr. President, I obvi- Transportation Security Administration level of security commensurate with the shall formalize security screening procedures level of security required by such United ously support the agreement. This is a that allow for one adult family caregiver to States air cargo security programs. good first step in moving this FAA bill accompany a minor child throughout the en- (2) NOTIFICATION.—If the Administrator of along. tirety of the security screening process. the Transportation Security Administration The PRESIDING OFFICER. The (c) SPECIAL ACCOMMODATIONS FOR PREG- revokes or suspends pursuant to paragraph clerk will report the amendments en NANT WOMEN.—Not later than 180 days after (1) a foreign country’s air cargo security pro- bloc. the date of the enactment of this Act, the gram, the Administrator shall notify the The legislative clerk read as follows: Secretary of Transportation shall prescribe Committee on Homeland Security of the regulations under section 41705 of title 49, House of Representatives and the Committee The Senator from South Dakota [Mr. United States Code, that direct all air car- on Commerce, Science, and Transportation THUNE], for others, proposes amendments riers to include pregnant women in their of the Senate not later than 30 days after numbered 3458, as modified; and 3495 en bloc nondiscrimination policies, including poli- such revocation or suspension. to amendment No. 3464. cies with respect to preboarding or advance Subtitle D—Miscellaneous The Senator from Florida [Mr. NELSON], boarding of aircraft. for Mr. BENNET, proposes an amendment SEC. l401. INTERNATIONAL TRAINING AND CA- (d) FAMILY SEATING.—Not later than 180 PACITY DEVELOPMENT. numbered 3524 to amendment No. 3464. days after the date of the enactment of this (a) IN GENERAL.—In accordance with sec- The amendments are as follows: Act, the Secretary shall prescribe regula- tions directing each air carrier to establish a tion 114 of title 49, United States Code, the AMENDMENT NO. 3458, AS MODIFIED Administrator of the Transportation Secu- policy that ensures that, if a family is trav- rity Administration shall establish an inter- (Purpose: To protect passengers in air trans- eling on a reservation with a child under the national training and capacity development portation, pilots, and flight attendants age of 13, that child is able to sit in a seat program to train the appropriate authorities from terrorists and mentally unstable indi- adjacent to the seat of an accompanying of foreign governments in air transportation viduals by requiring the installation of sec- family member over the age of 13 at no addi- security. ondary barriers to prevent cockpit intru- tional cost. sions) (b) CONTENTS OF TRAINING.—If the Adminis- AMENDMENT NO. 3512, AS MODIFIED trator determines that a foreign government Strike section 5010 and insert the fol- Mr. THUNE. Mr. President, if I might would benefit from training and capacity de- lowing: just speak to amendment No. 3512, velopment assistance, the Administrator SEC. 5010. SECONDARY COCKPIT BARRIERS. which we will be voting on momen- may provide to the appropriate authorities (a) SHORT TITLE.—This section may be tarily, I know Senator NELSON has al- of that foreign government technical assist- cited as the ‘‘Saracini Aviation Safety Act of ance and training programs to strengthen 2016’’. ready spoken on this issue. We worked aviation security in managerial, operational, (b) REQUIREMENT.—Not later than one year very hard on a series of security bills and technical areas, including— after the date of the enactment of this Act, that we could bring to the floor. We are (1) active shooter scenarios; the Administrator of the Federal Aviation trying to move them separately, but I (2) incident response; Administration shall issue an order requir- think they fit nicely into the debate we (3) use of canines; ing installation of a secondary cockpit bar- (4) mitigation of insider threats; are having on the FAA reauthoriza- rier on each new aircraft that is manufac- tion. (5) perimeter security; tured for delivery to a passenger air carrier (6) operation and maintenance of security Senators NELSON, AYOTTE, CANTWELL, in the United States operating under the and I have been leading oversight of screening technology; and provisions of part 121 of title 14, Code of Fed- (7) recurrent related training and exer- eral Regulations. airport and airline workers abusing cises. their secure area access badges. This AMENDMENT NO. 3495 SEC. l402. CHECKPOINTS OF THE FUTURE. oversight led our committee to approve (a) IN GENERAL.—The Administrator of the (Purpose: To improve employment opportu- bipartisan legislation—S. 2361, Airport Transportation Security Administration, in nities for veterans by requiring the Admin- accordance with chapter 449 of title 49, istrator of the Federal Aviation Adminis- Security Enhancement and Oversight United States Code, shall request the Avia- tration to determine whether occupations Act—to tighten the vetting of airport tion Security Advisory Committee to de- at the Administration relating to un- workers with ties to terrorists and se- velop recommendations for more efficient manned aircrat systems technology and rious criminal behavior that should and effective passenger screening processes. regulations can be incorporated into the disqualify them from accessing sen- (b) CONSIDERATIONS.—In making rec- Veterans Employment Program of the Ad- sitive airport areas. ommendations to improve existing passenger ministration) Just in the past few weeks, a number screening processes, the Aviation Security At the appropriate place, insert the fol- of badged aviation industry workers Advisory Committee shall consider— lowing: (1) the configuration of a checkpoint; have been caught in the act of helping (2) technology innovation; SEC. lll. INCORPORATION OF FEDERAL AVIA- criminal organizations. On March 18, a TION ADMINISTRATION OCCUPA- (3) ways to address any vulnerabilities TIONS RELATING TO UNMANNED flight attendant abandoned a suitcase identified in audits of checkpoint operations; AIRCRAFT INTO VETERANS EMPLOY- with 68 pounds of cocaine after being (4) ways to prevent security breaches at MENT PROGRAMS OF THE ADMINIS- confronted by transportation security airports where Federal security screening is TRATION. officers in California. On March 26 in provided; Not later than 180 days after the date of Florida, an airline gate agent was ar- (5) best practices in aviation security; the enactment of this Act, the Adminis- (6) recommendations from airport and air- trator of the Federal Aviation Administra- rested with a backpack containing craft operators, and any relevant advisory tion, in consultation with the Secretary of $282,400 in cash that he intended to committees; and Veterans Affairs, the Secretary of Defense, hand off to an associate. (7) ‘‘curb to curb’’ processes and proce- and the Secretary of Labor, shall determine As we work to address the threat of dures. whether occupations of the Administration an aviation insider helping terrorists,

VerDate Sep 11 2014 00:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.005 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1786 CONGRESSIONAL RECORD — SENATE April 7, 2016 criminals who break laws for financial There has been a discussion about (b) REGULATIONS RELATING TO SPACE FOR gain and those with a history of vio- whether there ought to be more VIPR PASSENGERS ON AIRCRAFT.—Not later than lence are a really good place to start. teams. I think there are 30 or so at this 180 days after the date of the enactment of It is high time that we start cracking point, and the amendment would allow this Act, the Administrator shall prescribe regulations— down on these types of offenses for peo- that number to go up to 60. Yesterday (1) establishing minimum standards for ple who are working in sensitive areas we had the opportunity to question the space for passengers on passenger aircraft, of our airports. TSA Administrator, Admiral including the size, width, padding, and pitch U.S. terrorism experts believe that Neffenger, about whether additional of seats, the amount of leg room per seat, ISIS is recruiting criminals to join its VIPR teams would be useful. He said and the width of aisles on such aircraft for ranks in Europe, and some of the per- they could put to use anything they the safety, health, and comfort of pas- petrators in the deadly attacks in were given in terms of additional units sengers; and Brussels were previously known to au- that might be deployed to places (2) requiring each air carrier to promi- thorities as criminals. Ensuring that nently display on the website of the air car- around the country where they think rier the amount of space available for each airport workers with security creden- there is a need. So that is the principal passenger on passenger aircraft operated by tials are trustworthy is especially im- component of the Heinrich amend- the air carrier, including the size, width, portant, considering that experts be- ment, which also addresses some of the padding, and pitch of seats, the amount of lieve an ISIS affiliate may have plant- security issues. leg room per seat, and the width of aisles on ed a bomb on a Russian Metrojet flight I don’t think we can understate how such aircraft. leaving Egypt with the help of an air- important security is in light of every- (c) CONSULTATIONS.—In prescribing the reg- ulations required by subsection (b), the Ad- port employee, which killed 224 people thing that is going on in the world on board. The recent attacks by ISIS in ministrator shall consult with the Occupa- today. We have people who want to tional Safety and Health Administration, the unsecured area of the Brussels Air- harm Americans, and it is our job to the Centers for Disease Control and Preven- port also underscore the vulnerability make sure we are giving those authori- tion, passenger advocacy organizations, phy- of airport areas outside of TSA secu- ties who are there to prevent those sicians, and ergonomic engineers. rity screening checkpoints. types of attacks against Americans all (d) AIR CARRIER DEFINED.—In this section, The House of Representatives and the the tools they need in order to do their the term ‘‘air carrier’’ means an air carrier Commerce Committee also approved jobs effectively. (as defined in section 40102 of title 49, United States Code) that transports passengers by legislation—H.R. 2843, the PreCheck I encourage our colleagues here in Expansion Act—in December of 2015 to aircraft as a common carrier for compensa- the Senate—when we have an oppor- tion. expand the PreCheck program by de- tunity to vote here momentarily on Mr. NELSON. Mr. President, in just 5 veloping private sector partnerships both of these security amendments—to and capabilities to vet and enroll more minutes we will have our first series of support those amendments. They im- votes on amendments on this bill. This individuals. These private sector part- prove and strengthen security at our ners would be required to use an assess- is a good start to the FAA bill. It is im- airports around this country, and I proving the underlying bill that has a ment equivalent to a fingerprint-based think they fit nicely within the con- criminal history record check con- lot of attention to security already in text of the FAA reauthorization bill it. But these are clearly amendments ducted through the FBI. These changes and the debate we are currently having would increase the number of pas- that will improve the bill. on the floor of the U.S. Senate. I spoke about it earlier today. I cer- sengers who are vetted before they get I yield the floor. tainly commend these amendments to to the airport. As a result, more pas- The PRESIDING OFFICER. The sen- the Senate. sengers would receive expedited airport ior Senator from Florida. I yield the floor. screening and get through security AMENDMENT NO. 3483 TO AMENDMENT NO. 3464 I suggest the absence of a quorum. checkpoints more quickly, ensuring Mr. NELSON. Mr. President, I ask The PRESIDING OFFICER (Mrs. they don’t pose the kind of easy target unanimous consent to call up Schumer FISCHER). The clerk will call the roll. that the ISIS suicide bombers ex- amendment No. 3483 and ask that the The bill clerk proceeded to call the ploited at the Brussels Airport. Schumer and Bennet amendments be roll. In addition to the bills approved by NELSON for SCHUMER and BENNET. Mr. THUNE. Madam President, I ask our committee on March 23, the House The PRESIDING OFFICER. Is there unanimous consent that the order for Homeland Security Committee ap- objection? the quorum call be rescinded. proved H.R. 4698, the SAFE GATES Act Without objection, it is so ordered. The PRESIDING OFFICER. Without of 2016, which would strengthen secu- The clerk will report. objection, it is so ordered. rity at international airports with di- The bill clerk read as follows: VOTE ON AMENDMENT NO. 3512, AS MODIFIED. rect flights to the United States. Spe- The Senator from Florida [Mr. NELSON], The PRESIDING OFFICER. Under cifically, the bill would require TSA to for Mr. SCHUMER, proposes an amendment the previous order, there will now be 2 conduct a comprehensive risk assess- numbered 3483 to amendment No. 3464. minutes of debate equally divided prior ment of all last-point-of-departure air- Mr. NELSON. Mr. President, I ask to a vote on amendment No. 3512, as ports, a security coordination enhance- unanimous consent that the reading of modified, offered by the Senator from ment plan, and a workforce assess- the amendment be dispensed with. South Dakota. ment. It would authorize the TSA to The PRESIDING OFFICER. Without Mr. THUNE. Madam President, I donate security screening equipment to objection, it is so ordered. yield back whatever time remains. foreign last-point-of-departure airports The amendment is as follows: The PRESIDING OFFICER. The and to evaluate foreign countries’ air (Purpose: To require the Federal Aviation question is on agreeing to the amend- cargo security programs to prevent any Administration to establish minimum ment, as modified. shipment of nefarious materials via air standards for space for passengers on pas- Mr. THUNE. Madam President, I ask cargo. senger aircraft) for the yeas and nays. I believe these bills will help make At the end of subtitle A of title III, add the The PRESIDING OFFICER. Is there a air travel more secure, and they should following: sufficient second? advance in the full Senate in this SEC. 3124. REGULATIONS RELATING TO SPACE There appears to be a sufficient sec- amendment to the FAA bill. I encour- FOR PASSENGERS ON AIRCRAFT. ond. age my colleagues to support the (a) MORATORIUM ON REDUCTIONS TO AIR- The clerk will call the roll. Thune-Nelson amendment and then CRAFT SEAT SIZE.—Not later than 30 days The bill clerk called the roll. also follow-on with the Heinrich after the date of the enactment of this Act, Mr. THUNE. The following Senators amendment, which will come up short- the Administrator of the Federal Aviation are necessarily absent: the Senator ly after a vote on that amendment. I Administration shall prohibit any air carrier from reducing the size, width, padding, or from Texas (Mr. CORNYN) and the Sen- think the Heinrich amendment also pitch of seats on passenger aircraft operated ator from Texas (Mr. CRUZ). makes a number of important security by the air carrier, the amount of leg room Further, if present and voting the improvements that will also strength- per seat on such aircraft, or the width of Senator from Texas (Mr. CORNYN) en airport security. aisles on such aircraft. would have voted ‘‘yea.’’

VerDate Sep 11 2014 02:20 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.014 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1787 Mr. REID. I announce that the Sen- such as check-in and baggage claim NOT VOTING—4 ator from Illinois (Mr. DURBIN), the areas. Cornyn Durbin Senator from Vermont (Mr. SANDERS), By employing these additional com- Cruz Sanders and the Senator from New Mexico (Mr. monsense safeguards, we will intel- The amendment (No. 3482), as modi- UDALL) are necessarily absent. ligently respond to these threats. Most fied, was agreed to. The PRESIDING OFFICER. Are there importantly, by preserving our freedom The PRESIDING OFFICER. The Sen- any other Senators in the Chamber de- to go about our daily lives, we will en- ator from Arkansas. siring to vote? sure that the terrorists have failed to IRANIAN ACCESS TO U.S. FINANCIAL SYSTEM The result was announced—yeas 85, change how we live and who we are. Mr. COTTON. Mr. President, when nays 10, as follows: The PRESIDING OFFICER. Who Obama administration officials sold [Rollcall Vote No. 41 Leg.] yields time? the President’s nuclear deal last sum- YEAS—85 mer to the American people, they were The Senator from South Dakota. clearly sensitive to charges that they Alexander Franken Paul Mr. THUNE. Madam President, I urge Ayotte Gardner Perdue gave too much away. They knew that Baldwin Gillibrand Peters my colleagues to support the Heinrich giving Iran $100 billion that we could Barrasso Graham Portman amendment. never get back in exchange for a mere Bennet Grassley Reed I yield back the remainder of my temporary deal that expired in 10 to 15 Blumenthal Hatch Reid time. years would be viewed with deep skep- Blunt Heinrich Risch Boozman Heitkamp Roberts The PRESIDING OFFICER. The ticism. Boxer Heller Rounds They knew that an inspection system Burr Hoeven question is on agreeing to amendment Rubio that gives the ayatollahs a 24-day Cantwell Inhofe No. 3482, as modified. Sasse heads-up before an inspection would Capito Isakson Ms. KLOBUCHAR. Madam President, Schatz not pass the laugh test. They knew Cardin Johnson I ask for the yeas and nays. Carper Kaine Schumer that granting the ayatollahs massive Scott Cassidy King The PRESIDING OFFICER. Is there a sanctions relief while still allowing Coats Kirk Sessions sufficient second? Cochran Klobuchar Shaheen them to develop an industrial-scale nu- Collins Lankford Shelby There appears to be a sufficient sec- clear enrichment program would invite Coons Lee Stabenow ond. accusations that the President was, to Corker Manchin Sullivan The clerk will call the roll. put it frankly, swindled. Cotton McCain Tester So in their sales pitch, these admin- Crapo McCaskill Thune The senior assistant legislative clerk Daines McConnell Tillis called the roll. istration officials sought to blunt these Donnelly Menendez expected criticisms. They repeatedly Toomey Mr. THUNE. The following Senators Enzi Mikulski Vitter stated that the United States would Ernst Moran Warner are necessarily absent: the Senator Feinstein maintain certain tough sanctions, even Murkowski Whitehouse from Texas (Mr. CORNYN) and the Sen- Fischer Murphy after the deal became effective. They Wicker Flake Nelson ator from Texas (Mr. CRUZ). Further, if said the United States would hold the present and voting, the Senator from NAYS—10 line on measures that punish and sup- Texas (Mr. CORNYN) would have voted press Iran’s nonnuclear malign activi- Booker Leahy Warren ‘‘yea.’’ Brown Markey Wyden ties. They emphatically stated that in Casey Merkley Mr. REID. I announce that the Sen- no way would the U.S. economy be al- Hirono Murray ator from Illinois (Mr. DURBIN) and the lowed to bolster an Iranian economy NOT VOTING—5 Senator from Vermont (Mr. SANDERS) that is significantly controlled by the Cornyn Durbin Udall are necessarily absent. Iranian regime, tainted by illicit fi- Cruz Sanders The PRESIDING OFFICER (Mr. nancing of terrorism, and used by the The amendment (No. 3512), as modi- ROUNDS). Are there any other Senators ayatollahs to fund domestic oppression fied, was agreed to. in the Chamber desiring to vote? and international aggression—includ- ing blowing up hundreds of American AMENDMENT NO. 3482, AS MODIFIED The result was announced—yeas 91, nays 5, as follows: soldiers in Iraq with roadside bombs. The PRESIDING OFFICER. Under In particular, these administration the previous order, there will now be 2 [Rollcall Vote No. 42 Leg.] officials were emphatic that the United minutes of debate equally divided prior YEAS—91 States would never, ever, ever grant to a vote on amendment No. 3482, as Alexander Gillibrand Nelson Iran access to the U.S. financial sys- modified, offered by the Senator from Ayotte Graham Perdue tem and U.S. dollars to facilitate Iran’s New Mexico. Baldwin Grassley Peters trade in oil and other goods. The Senator from New Mexico. Bennet Hatch Portman Blumenthal Heinrich For instance, when testifying before Mr. HEINRICH. Madam President, Reed Blunt Heitkamp Reid the Senate Foreign Relations Com- airports, bus depots, and train stations Booker Heller Risch mittee in July, Treasury Secretary are things that we all rely on every day Boozman Hirono Roberts Jack Lew stated: Boxer Hoeven Rounds to have the freedom of movement we Brown Inhofe Iranian banks will not be able to clear U.S. Rubio enjoy in this country. Burr Isakson dollars through New York, hold cor- Cantwell Johnson Sasse respondent account relationships with U.S. In the wake of the recent terror at- Schatz tacks in the Brussels Airport and Capito Kaine financial institutions, or enter into financ- Cardin King Schumer ing arrangements with U.S. banks. Iran, in Metro, Americans are worried about Carper Kirk Sessions other words, will continue to be denied ac- Shaheen their security, and they want to feel Casey Klobuchar cess to the world’s largest financial and com- Shelby safe when traveling with their loved Cassidy Lankford mercial market. Coats Leahy Stabenow ones. Cochran Lee Sullivan Likewise, Adam Szubin, the Acting While we relentlessly target terror- Collins Manchin Tester Under Secretary for Terrorism and Fi- ists overseas, we must also do all we Coons Markey Thune nancial Intelligence, echoed that senti- can to intelligently protect Americans Corker McCain Tillis Cotton McCaskill ment and was even more precise. In here at home. My amendment would Toomey Crapo McConnell Udall September he stated: increase the number of TSA VIPR Daines Menendez Vitter Iran will not be able to open bank accounts teams, who provide a visible deterrent Donnelly Merkley Warner with U.S. banks, nor will Iran be able to ac- Ernst Mikulski Warren cess the U.S. banking sector, even for that to terrorist threats in high-priority lo- Feinstein Moran Whitehouse cations. These teams are recognizable Fischer Murkowski momentary transaction to, what we call, Wicker as they often have bomb-sniffing ca- Franken Murphy dollarize a foreign payment. . . . That is not Gardner Murray Wyden in the cards. That is not part of the relief of- nines. My amendment would also pro- fered under the JCPOA. So, the U.S. sanc- vide active shooter training for law en- NAYS—5 tions on Iran, which, of course, had their ori- forcement and strengthen security in Barrasso Flake Scott gins long before Iran had a nuclear program, nonsecure so-called soft-target areas, Enzi Paul will remain in place.

VerDate Sep 11 2014 00:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.007 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1788 CONGRESSIONAL RECORD — SENATE April 7, 2016 It is difficult to overstate the impor- The President also agreed to send an (The remarks of Mr. MERKLEY per- tance of these statements uttered just additional $1.7 billion to the aya- taining to the introduction of S. 2760 a few months ago. The U.S. dollar is tollahs, ostensibly to settle out- are printed in today’s RECORD under the standard currency in which inter- standing claims. For good measure, ‘‘Statements on Introduced Bills and national trade is conducted. Because that $1.7 billion includes $1.3 billion in Joint Resolutions.’’) the ayatollahs can’t deal in dollars, gratuitous interest payments. Mr. MERKLEY. Mr. President, I they haven’t fully opened their econ- The President granted clemency to yield the floor. omy to the world—thankfully. In addi- seven convicted Iranian criminals and The PRESIDING OFFICER. The Sen- tion, the U.S. financial system hasn’t dismissed arrest warrants for 14 Ira- ator from Washington. yet been tainted by Iran’s terror fi- nian fugitives who faced charges for AMENDMENT NO. 3490 TO AMENDMENT NO. 3464 nancing, its international aggression, sanctions violations. Now the Presi- Ms. CANTWELL. Mr. President, I and its crackdown on domestic demo- dent may be on the verge of granting call up my amendment No. 3490. cratic dissent. the largest concession yet—dollarizing The PRESIDING OFFICER. The But now, a mere 7 months into a 15- Iran’s international trade and declar- clerk will report. year agreement, the Obama adminis- ing Iran truly open for business. The legislative clerk read as follows: tration is shedding the resolve its offi- We should call this for what it is— The Senator from Washington [Ms. CANT- cials tried to so hard to display before concession creep. In the same manner WELL] proposes an amendment numbered 3490 Congress. According to numerous re- that no Member of the Senate should to amendment No. 3464. ports, the administration intends to trust Iran to abide by its commitments Ms. CANTWELL. I ask unanimous backtrack on the statements of Sec- made in the Iranian nuclear deal, we consent that the reading of the amend- retary Lew and Adam Szubin. It is can no longer trust the administration ment be dispensed with. looking for some way, somehow to give to hold fast to the specific concessions The PRESIDING OFFICER. Without Iran access to U.S. dollars to boost Ira- contained in the four corners of that objection, it is so ordered. nian trade and investment. deal. The ink is hardly dry on the deal, The amendment is as follows: I want to be very clear. If the Presi- and the President has already shown (Purpose: To extend protections against dent moves to grant Iran access to the himself all too susceptible to the temp- physical assault to air carrier customer U.S. dollar—whether directly or indi- tations of appeasement. service representatives) rectly—there will be consequences. If The ayatollahs reportedly have com- Strike section 5009 and insert the fol- there is any statement, guidance, regu- plained to U.S. officials that it is too lowing: lation, or Executive action that opens hard to transact business without ac- SEC. 5009. INTERFERENCE WITH AIR CARRIER EMPLOYEES. the U.S. banking sector to Iran even a cess to U.S. dollars. The answer to that (a) IN GENERAL.—Section 46503 is amended crack, the Senate will hold hearings should be ‘‘too bad.’’ by inserting after ‘‘to perform those duties’’ with each official who assured the It should not be easy for the world’s the following ‘‘, or who assaults an air car- American people last summer that the worst sponsor of terrorism to do busi- rier customer representative in an airport, ayatollahs would never access the dol- ness with the global economy. It including a gate or ticket agent, who is per- lar. We will explore whether they lied should not be easy for industries domi- forming the duties of the representative or back then or whether they intend to nated by the Iranian Revolutionary agent,’’. resign in protest now. Guard Corps to trade in financial mar- (b) CONFORMING AMENDMENT.—Section 46503 is amended in the section heading by If this policy change moves forward, kets. International business leaders, di- inserting ‘‘or air carrier customer represent- I will dedicate myself to working with rectors, CEOs, and general counsels atives’’ after ‘‘screening personnel’’. my colleagues to pass legislation should not rush into Iran for fear of the (c) CLERICAL AMENDMENT.—The analysis blocking the change. If the Obama ad- grave reputational, financial, political, for chapter 465 is amended by striking the ministration proceeds with this mas- and legal consequences of doing busi- item relating to section 46503 and inserting sive concession to the ayatollahs, ness with this outlaw regime. the following: every Member of the Senate who voted The Iranians know the Obama admin- ‘‘46503. Interference with security screening to accept the Iranian deal will have to istration is desperate to preserve the personnel or air carrier cus- go home and explain why the U.S. nuclear deal. They hold the possibility tomer representatives.’’. economy is now complicit in Iran’s fi- of walking away from the agreement as Ms. CANTWELL. Mr. President, I nancing of terrorist attacks against a sword of Damocles over the Presi- call up this amendment and offer it be- Americans and American allies. dent’s head in order to extract conces- cause the issue is making sure that That the Obama administration sion after concession. They lord it over those who work in the air transpor- would even consider allowing Iran ac- him in order to forestall any U.S. ac- tation system are safe and secure. This cess to the U.S. banking sector is ex- tion that would meaningfully stop is an important issue to the men and tremely disconcerting, but it is not their regional aggression and campaign women who work at Sea-Tac and at surprising. It follows a steady pattern of terror. So intense is President other airports and are part of the deliv- that has become increasingly clear Obama’s fear that the Ayatollah will ery system of making sure air trans- since the conclusion of the nuclear rip up the nuclear agreement, he has portation is safe. They are an integral deal. Time and again, Iran provokes completely upended U.S. strategy in part of air transportation at every air- the United States, commits brazen acts the Middle East to the point where ad- port in the United States of America. to destabilize its neighbors, and threat- versaries are allies and allies are be- This issue is something that has been ens to undo the Iran deal. In response, coming adversaries. considered in the House of Representa- the United States rushes to grant the This parade of concessions must stop, tives as part of the transportation ayatollahs more concessions in order and it must stop now. The administra- package as well, and it is part of what to placate them. tion must fully implement all new we think should be in this package in Iran has tested ballistic missiles, sanctions passed by Congress to punish the Senate; that is, making sure that captured U.S. sailors, and fueled con- Iran’s development of ballistic mis- those who are part of the delivery sys- flicts in Syria and Yemen with fresh siles, its sponsorship of terrorism, and tem—ticket counter agents, agents arms and troops—all while employing its human rights abuses. It must work who are aiding and assisting in getting ‘‘Death to America’’ as a rallying cry. with our traditional allies in the Mid- passengers through the terminals and But in the face of Iran’s continued dle East to neutralize Iran’s attempt to onto planes at the gate, assisting, as aggression, the President has displayed foment instability throughout the re- many of the challenging days go by, in only weakness. Instead of steeling him- gion. The President should issue a very delivering good air transportation serv- self for a fight with the ayatollahs, he clear order that Iran will not be grant- ice. What has happened is that these has laid down and rolled over for them. ed any direct or indirect access to the individuals have become victims—the He has repeatedly refused to des- U.S. banking system and the dollar. victims of physical, violent abuse; that ignate Iran’s tests of ballistic missiles Mr. President, I yield the floor. is, the public has taken to bodily harm as the violations of U.N. Security The PRESIDING OFFICER. The Sen- against these individuals. So this Council resolutions they so clearly are. ator from Oregon. amendment puts in similar safeguards

VerDate Sep 11 2014 02:20 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.017 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1789 that are in line with other transpor- imum standard seat size and pitch for There appears to be a sufficient sec- tation officials who are protected from all commercial flights. And some of ond. this kind of physical abuse. this involves comfort, but some of it The clerk will call the roll. I will have more to say on it, but I involves safety. God forbid there is The legislative clerk called the roll. know my colleague is trying to get to something terrible happening on a Mr. THUNE. The following Senators the floor to speak as well. I will put plane—the seats are so narrow, it is are necessarily absent: the Senator into the RECORD examples of individ- harder for people to get out. Finally, from Texas (Mr. CORNYN) and the Sen- uals who are ticketing agents, baggage we focus on transparency. We require ator from Texas (Mr. CRUZ). agents, air transportation delivery sys- airlines to post their seat sizes on their Further, if present and voting, the tem workers who have been hurt, and Web sites, providing at least a commer- Senator from Texas (Mr. CORNYN) they deserve to have protection. cial incentive for airlines to offer more would have voted ‘‘nay.’’ Mr. President, I yield the floor. comfortable seat arrangements. Mr. REID. I announce that the Sen- I suggest the absence of a quorum. Most folks travel under the expecta- ator from Illinois (Mr. DURBIN) and the The PRESIDING OFFICER. The tion that the airlines are going to set Senator from Vermont (Mr. SANDERS) clerk will call the roll. the guidelines and that is that; there is are necessarily absent. The legislative clerk proceeded to nothing they can do about it. We actu- The PRESIDING OFFICER (Mr. call the roll. ally had to put in the underlying bill HOEVEN). Are there any other Senators Mr. SCHUMER. Mr. President, I ask that airlines should refund bag fees in the Chamber desiring to vote? unanimous consent that the order for charged to consumers if the airline lost The result was announced—yeas 42, the quorum call be rescinded. their bags. And I would say to my good nays 54, as follows: The PRESIDING OFFICER. Without friends on the other side, if we can [Rollcall Vote No. 43 Leg.] objection, it is so ordered. mandate that bag fees be returned—not YEAS—42 AMENDMENT NO. 3483 leave it up to the free market—we can Baldwin Gillibrand Murray Mr. SCHUMER. Mr. President, I rise mandate that the FAA at least set a Bennet Heinrich Nelson today to urge a ‘‘yes’’ vote on the up- proper seat size. They can’t say: Well, Blumenthal Heitkamp Peters coming amendment to require the FAA Booker Hirono Reed leave it up to the free market on one Boxer Kaine Reid to set a minimum standard seat size. but not on the other. It is not a little Brown King Schatz This amendment would ensure that fair. Cantwell Klobuchar Schumer airlines can’t keep chopping down on Now we see why we need these Cardin Leahy Shaheen Casey Manchin Stabenow seat size and legroom until consumers amendments. The bag fee—and I agree Collins Markey Udall are packed in like sardines in a can on that if they lose your bags or delay Coons Menendez Warner every flight. your bags, they shouldn’t keep the Donnelly Merkley Warren Over the last few decades, between Feinstein Mikulski Whitehouse extra bag fee. It should be refunded. In Franken Murphy Wyden the size of the seat and the distance be- most industries, that would be a stand- tween the seats, the flying public has ard practice. If you fail to deliver a NAYS—54 lost half a foot of their space. Flying is service somebody paid for, they should Alexander Flake Paul not pleasant anymore. You are Ayotte Gardner Perdue get their money back. But sometimes Barrasso Graham Portman crammed in. I am not that tall—a little in the airline industry you have to re- Blunt Grassley Risch under 6-foot-1. What I do when I fly is quire basic courtesy. Boozman Hatch Roberts I take out the magazine and the air- In conclusion, the great Abraham Burr Heller Rounds sickness bag and the little folder that Capito Hoeven Rubio Lincoln was once asked how long a Carper Inhofe Sasse shows you where the exits are to gain man’s legs should be, and he famously Cassidy Isakson Scott one-sixteenth of an inch more legroom. answered: Long enough to reach from Coats Johnson Sessions Moms with kids have a lot of trouble in Cochran Kirk Shelby the body to the ground. If you asked a Corker Lankford Sullivan those very narrow seats. Have you ever major airline today how long a man’s Cotton Lee Tester been in the situation where you are in legs should be, they would say: Short Crapo McCain Thune the middle and there are two sort of enough to miss the tray table. That is Daines McCaskill Tillis large people on either side of you? It is Enzi McConnell Toomey no way to fly. Ernst Moran Vitter not the most pleasant flying experi- I urge my colleagues to support this Fischer Murkowski Wicker ence. amendment and move this bill in a NOT VOTING—4 We don’t have too much competition more consumer-friendly direction. anymore. We have very few airlines. Cornyn Durbin Mr. President, I yield the floor. Cruz Sanders This is a place where the public is I suggest the absence of a quorum. clamoring for change. When I said I The PRESIDING OFFICER. The The amendment (No. 3483) was re- was going to offer this amendment, I clerk will call the roll. jected. got more feedback on it than most The bill clerk proceeded to call the The PRESIDING OFFICER. The Sen- other things. And you don’t have to be roll. ator from Ohio. 6-foot-4 to understand the problem. Mr. SCHUMER. Mr. President, I ask COMPREHENSIVE ADDICTION AND RECOVERY BILL You would think that by cramming unanimous consent that the order for Mr. PORTMAN. Mr. President, I rise in more and more passengers on each the quorum call be rescinded. today to urge my colleagues in the flight, the airlines could lower their The PRESIDING OFFICER. Without House of Representatives to pass the prices. Instead, several major airlines objection, it is so ordered. legislation we passed here in the Sen- went in the other direction: They Mr. SCHUMER. Mr. President, some ate a few weeks ago called the Com- started charging for the extra inches of my colleagues have to catch planes, prehensive Addiction and Recovery and legroom that were once considered and it takes extra time for them to Act, or CARA. We passed it on March standard. So it practically costs you an squeeze into those small seats with no 10, which was 27 days ago—almost a arm and a leg just to have space for legroom. So I yield back my time, and month. It is estimated that we lose your arms and legs. I ask unanimous consent that we move about 120 Americans every day to drug At a time when airlines are making the vote up to right now. overdoses. That means that during record profits, at a time when fuel The PRESIDING OFFICER. Is there that time period—those 27 days—we costs are extremely low, we need this objection? lost about 3,240 additional Americans amendment to protect consumers’ safe- Without objection, it is so ordered. who we represent to substance abuse ty and comfort. The question is on agreeing to and death from heroin and prescription This amendment would do three amendment No. 3483. drug overdoses. things. It doesn’t set a standard seat Mr. SCHUMER. I ask for the yeas Since 2007, drug overdoses have killed size; it freezes the current seat size in and nays. more people in Ohio than any other place so they can’t shrink it any fur- The PRESIDING OFFICER. Is there a cause of accidental death, even sur- ther. It directs the FAA to set min- sufficient second? passing car accidents. It is probably

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.022 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1790 CONGRESSIONAL RECORD — SENATE April 7, 2016 true nationally now as well. Addiction them. We listened to experts, doctors, ter medical approaches to this to be is treatable, but 9 out of 10 people who law enforcement, and patients in recov- able to stop the craving, to deal with need treatment aren’t getting it. That ery. We listened to the drug experts in the addiction problem, to get people is a tragedy. It shows that the system the Obama administration, such as the through withdrawal. We also talked we have right now just isn’t working, White House Office of National Drug about how to address some of the col- and that is what our legislation ad- Control Policy, ONDCP. They have lateral consequences of addiction. dresses, among other things. In one 5- been very helpful. We brought in people In April of 2015, we held a forum on day span since we passed CARA, just in from Health and Human Services and our youth and how we can better pro- the last month, we had five people die listened to them. We brought in people mote drug prevention. After all, keep- from heroin and Fentanyl overdoses in from my home State of Ohio and other ing people from getting into the funnel one of the cities I represent—Cleve- States around the country. of addiction in the first place has to be land, OH. We heard from family members, a priority. To help people avoid going I was in Athens, OH, more than 2 many of whom have channelled their down that funnel of addiction, we need weeks after we passed CARA, and re- grief at losing a loved one into advo- better prevention, better education. ceived a tour of the Rural Women’s Ad- cacy for the CARA legislation because That is part of our legislation. We also diction Recovery Bassett House facil- they know it is going to help. One tes- had input about what is working in re- ity. Dr. Joe Gay and Ruth Tarter took tified in the Judiciary Committee covery and what is not working in re- me around so I could meet some of the when we marked up the legislation. covery. brave women who stepped forward to Tonda DaRe from Carrollton, OH, We held a forum in July of 2015 to treat their addiction issues. Some of talked about having lost her daughter, talk about our veterans, to talk about them were there with their kids. They who was a very successful high school the very sad situation with veterans have an amazing success rate. student and engaged to be married. Ev- who are coming back to our shores who I will tell you that 3 days after I left erything was going great. When she have PTSD—post-traumatic stress dis- Athens, OH, $40,000 of heroin was seized turned 21, she made a mistake: She order—and who have brain injuries. at a traffic stop very close to this tried heroin. She went into recovery. Some recent data shows that about 20 treatment facility. It is everywhere. It She relapsed. She ended up dying of an percent of returning veterans with knows no ZIP code. It is in rural areas, overdose. those issues are becoming addicted to suburban areas, and inner cities. States Unfortunately, this is a story that is prescription drugs or heroin; therefore, are starting to take action. Ohio is retold all over our country. There are veterans courts are a major part of our taking action, your States are taking moms, there are dads, there are aunts legislation. These are drug courts that action, and communities are taking ac- and uncles and brothers and sisters are focused on mental health and ad- tion. Local leaders know this is a prob- who come forward to tell us these trag- diction specifically for our veterans. I lem, but they want the Federal Gov- ic stories about losing a loved one. have seen them in Ohio. They are ernment to be a better partner. That is They want this legislation to pass be- working great. It is unbelievable. what CARA provides. It provides best cause they know it is going to help an- I talked to a guy who has been in and practices from around the country. It other family member or a friend or a out of the system his whole life. He is provides more funding for some critical coworker or someone whom they have about 45 years old now. He finally elements that are evidence-based— never met but whom they want to help found this court that was going to help based on research and what actually so they don’t have to go through the him—took him out of jail and got him works. Our States and local commu- grief they have gone through. into treatment. Hanging over his head nities are desperate for this right now. Senator SHELDON WHITEHOUSE—a was the possibility of incarceration if By the way, this legislation is not Democrat—and I have worked on this he didn’t do the right thing and stay just bipartisan. It is also bicameral. In legislation together, along with many clean. He is now a senior at Ohio State other words, not only have Republicans other people in this Chamber. We have University and is about to get his de- and Democrats worked across the aisle also worked, as I said, with many on gree, and he reunited with his family here in the Senate over the last 3 years the House side. We worked with folks for the first time in many years. He is putting this bill together, but our col- on both sides of the aisle and both sides clean. It can work. leagues in the House have worked to- of the Capitol because this has become The final result was the legislative gether as well. I am encouraged by the an issue that affects us all. It is a non- text that reflected this open and delib- fact that the CARA legislation in the partisan issue. We have to move it for- erative process I am talking about. House has 113 cosponsors. It is bipar- ward. This bill—just like the research it sup- tisan. It is based on good evidence. It is We held five forums here in Wash- ports—is evidence-based. We didn’t ask based on a lot of work and effort. ington, DC, and brought in experts to who had the idea; we just asked wheth- Today I heard through a media account get counsel and advice. They helped us er it was a good idea. that one of the House leaders said develop a legislative proposal that was It is no wonder that CARA now has there is interest in moving something thoughtful because it actually ad- support from 130 national groups, from even this month. That is great. But he dressed the real problem. the Fraternal Order of Police, to stake- also talked about hearings and mark- In April 2014, we had a forum on the holders in public health—doctors and ups and so on. Let’s be sure the hear- criminal justice system which included nurses, those in recovery, experts in ings and markups don’t delay what we alternatives to incarceration, and you the field, people who actually know know we should do, which is to pass the will see that in our legislation. The no- what is going on because they are in CARA legislation. It has been bi- tion is, for users who get arrested for the trenches working on this. They cameral and bipartisan. It passed the possession, let’s not just throw them in want this bill passed. They know it will Senate with a 94-to-1 vote. That never jail because that hasn’t worked. Let’s help them and help them now. happens around here—94 to 1. This is get them into treatment and get them As I said, that vote was 94 to 1, which legislation which we know will make a into a recovery program that works. means 94 Senators say this bill is ready difference right now in our commu- In July 2014, we held a forum on how to go. These are Senators from every nities that are dealing with a crisis we women are impacted by this drug epi- State in the Union who support this all face. Let’s move this legislation. demic, looking particularly at addic- legislation, therefore representing I say to my friends in the House with tion and treatment responses. Some every congressional district in the all due respect, this legislation has new data that is out there now shows United States of America. It makes been carefully crafted and we have that most of the people who are suf- sense. It expands prevention and edu- done the hard work. I mentioned that fering from heroin and prescription cational efforts to prevent opiate we spent 3 years of factfinding on this drug addiction are women. abuse, the use of heroin and prescrip- bill. We didn’t think we had all the In December 2014, we held a forum on tion drugs. right answers, so we went out to ex- the science of addiction—how we could It increases drug-disposal sites to get perts all over the country. We took get at this from a medical point of medications out of people’s hands and time to listen. We consulted with view, how we could come up with bet- get it into the right hands. It takes

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.023 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1791 this medication off the bathroom units are now taking on a whole other had been heroin addicts, are back on shelves. task, which is helping babies through their feet, reunited with their families, It has a drug-monitoring program to withdrawal. and know the dignity and self-respect get at the overprescribing issue. So I visited folks who are not only preg- that come from the work they are many people who are currently ad- nant but are addicted, and I talked to doing and from helping others. dicted to heroin started with prescrip- them about what they are going There is hope. Treatment can work. tion drugs. In fact, the majority did. through and what the consequences are Mr. President, leaders in the House There is different data out there, but it going to be, and it is sad. Many say: say they want to move anti-heroin leg- is very clear that prescription drugs ROB, the grip of addiction is so great. I islation through regular order. Again, I are a huge part of heroin addiction. am now in treatment, but I worry heard today that one of the leaders It also authorizes law enforcement about what is going to happen to my said they are planning to take action. task forces to combat heroin and meth. baby. I had conversations with Speaker RYAN Law enforcement has an important We also expand treatment for expect- on this issue. I had conversations with role to play here. It expands training ant and postpartum women for that other leaders in the House on it. I take and the availability of naloxone, or reason. And these expectant and them at their word. I am hopeful we Narcan, to law enforcement. This is for postpartum women who need this help will see the House begin to act next our firefighters. When you go to a fire- can make the right decision with more week when that Chamber returns, but I house in your State—for those listen- help from us. It expands residential will say this: The House must act, and ing in the House, in your district—ask treatment programs for pregnant they must act soon. I am not going to them: Are you going on more fire runs women who are struggling with addic- be patient on this. This is urgent, and or are you going on more runs to help tion. It creates a pilot program to pro- people’s lives are at stake. The House people with overdoses? They will tell vide family-based services to women must pass this bill so the President can you what they tell me: overdoses. That who are addicted to opiates. sign it and so it can begin to make a is what it has come to. That is hap- CARA also helps veterans, as I said. real difference in the lives of the people pening in your fire department in your It allows those veterans to get into a we represent. This is our responsi- community. veterans court, where they can get help bility. We need to take advantage of By the way, to tell you how much to walk through how they get out of this opportunity that the Senate has this law can make a difference—be- this addiction, how they get into recov- given us by this huge vote—94 to 1—to cause we do help get the training for ery. They can get support from other get this legislation to the President them to be able to use Narcan and get veterans around them to provide the and get it enacted into law. the Narcan or naloxone into the right kind of help they need to get out of Mr. President, I yield back my time. hands—Ohio public safety officials this cycle of incarceration and addic- The PRESIDING OFFICER. The Sen- have administered naloxone over 16,000 tion. ator from Michigan. times since 2015—16,000 overdoses that What do we say to the 40 million FLINT, MICHIGAN, WATER CRISIS might otherwise have resulted in Americans who are struggling with ad- Ms. STABENOW. Mr. President, death. For the most part, this miracle diction when they ask ‘‘Why don’t you today I would like to speak about two drug works. First responders know how guys act?’’ The Senate acted 94 to 1. different subjects. Both are connected important it is. That is why the Fra- Why can’t we get this done? It is time in the sense that they involve lack of ternal Order of Police supports this to move. They shouldn’t have to wait. action and people counting on us to act bill. They want to equip their officers, We shouldn’t have to wait. as a Senate. but so do the firefighters. To those 40 million who struggle, to The first involves the fact that today CARA also supports recovery pro- those who think they can’t overcome in the city of Flint, MI, we still have grams, including those focused on this addiction, to those who believe people who can’t drink the water com- youth and building communities of re- there is no one out there to help them, ing out of the tap. I think any one of us covery. To avoid people getting into the message is, you are not alone. would have trouble if that happened for addiction in the first place, it also cre- There is hope. You can beat this. I have 1 day, but we are talking about months ates a national task force on recovery seen it. There are people who care and because there is a lot of information and months—going on 2 years now— want to help. out there we need to bring together to that we have seen a system completely There are so many heartbreaking find out what works and what doesn’t broken down because of decisions, be- stories of addiction, but there are also work precisely in terms of dealing with cause of lack of treating the water, a so many stories of hope. I think about the collateral consequences imposed by whole range of things. Vanessa Perkins from Nelsonville, OH. From my perspective, the most im- addiction. CARA expands treatment for preg- Vanessa became addicted to heroin. portant thing is the fact that people nant women who struggle with addic- Once she became addicted, she also be- still don’t have access to clean, safe tion and provides support for babies came a victim of sex trafficking. water. They can’t bathe their babies. who suffer from what is called neonatal Those two are related. In Ohio, they They can’t take a shower themselves. I abstinence syndrome. What does that tell me that most sex trafficking has can’t imagine what it must be like for mean? That means babies who are born now to do with heroin addiction. In families in Flint who are waiting and addicted. In Ohio, tragically, we had a other words, the trafficker gets these waiting for help. 750-percent increase in the number of women—usually women—addicted to I want to thank President Obama for babies born with addiction in the last heroin, and that is one way they be- doing what he can do through the ad- 12 years. I have been to the hospitals. I come dependent on their trafficker. ministration to help from the stand- have been to St. Rita’s in Lima. I have What Vanessa tells me is that it took point of health and nutrition and edu- been to Rainbow Babies in Cleveland. I her a long time to turn her life around, cation, but the fundamental problem is have been to Cincinnati Children’s Hos- but she was courageous and brave replacing the damaged pipes. pital. I have seen these babies. These enough to seek treatment, and she is As my colleagues know, we have been are tiny babies who are addicted, and now back on track. For the last 6 years working very hard and we have devel- they have to be taken through with- she has been helping others, taking her oped a bipartisan proposal. I wish to drawal. experience and using it to help others thank the chair and ranking member of The compassionate nurses and doc- deal with their addiction. She is on the the Energy and Natural Resources tors who are doing it—God bless board of a group called Freedom a la Committee, Senator MURKOWSKI and them—I asked them: What is going to Cart, which is a company in Columbus, Senator CANTWELL, for working with happen to these babies? OH, that I visited last month that pro- us, and so many colleagues who are They told me: ROB, we don’t know. vides job opportunities for trafficking now bipartisan cosponsors on a bill We don’t know the long-term con- victims. They do a heck of a job and with myself and Senator PETERS. I sequences because it is so new. teach these women a trade, too—cul- wish to thank Senator INHOFE as chair But it is dramatic and it is happening inary arts. Now so many of these of EPW and ranking member Senator in all of your hospitals. These neonatal women who had been trafficked, who BOXER and so many people who have

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.024 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1792 CONGRESSIONAL RECORD — SENATE April 7, 2016 come together to support this effort, We have a group of people right now come to the floor for a vote on con- not only for Flint, but we now are see- who are not being seen. I want my col- firmation before Memorial Day. But ing headlines across the country about leagues to see this baby and the picture because my colleagues across the aisle other areas where lead poisoning in this represents of a group of people who are refusing to do their job, that vote water is a serious issue and where we are waiting for help and deserve help. will not happen. have all kinds of communities with FILLING THE SUPREME COURT VACANCY My Republican colleagues like to say water infrastructure needs. Mr. President, I wish to address that the Senate does not confirm Su- We have put together a proposal. We something else now and turn to history preme Court nominees during a Presi- have a bipartisan proposal. We are to talk about somebody else who is dential year, but that doesn’t square ready to move forward. We need a vote waiting. He can drink his water and with the facts. More than a dozen Su- on this proposal. As people in this take a shower. That is a good thing. preme Court nominees have been con- building know, the junior Senator from But we have a very distinguished ju- firmed by the Senate in an election Utah is holding us up from being able rist, the Chief Judge of the DC Court of year. In 1988, also a Presidential year, to get that vote. We have spent weeks Appeals, nominated by the President of the Senate did its job by confirming now—weeks—trying to find a way to the United States to be a Supreme President Reagan’s Supreme Court get beyond this objection. We thought Court Justice, who is waiting for the nominee, Justice Anthony Kennedy, we had an agreement, and then the bar opportunity to be heard, to have a with a Democratically controlled Sen- just keeps changing. hearing, to meet with people, to have a ate. In 1940, another Presidential elec- This is not a game. These are real vote, yes or no. tion year, the Senate did its job by people, and we are trying to solve a We have spoken a lot about the Con- confirming President Franklin Roo- real problem. We have put forward a stitution, about responsibilities, about sevelt’s nominee, Justice Frank Mur- proposal fully paid for that actually re- debates. Our three branches of govern- phy. In 1932, the Senate did its job by duces the deficit, paid for out of a pro- ment are sworn to uphold both the confirming President Hoover’s Su- gram that I care deeply about because written word of the Constitution and preme Court nominee. In 1916, the Sen- I authored it in 2007, and prior to Sen- the spirit of the Constitution. This ate did its job twice by confirming ator PETERS being a Senator, when he spirit was expressed in a series of arti- President Wilson’s two nominees for was in the House, he was the champion cles beginning in 1787. I wasn’t there at the Supreme Court. of the program that we are offering to the time. But in reading what our The U.S. Constitution was ratified in use as a payfor. Founding Fathers said—those who June 1788, just a few months after So I just want to remind everyone— framed the Constitution—I think it is Hamilton published the Federalist and I am going to continue to come to important to look at what they in- Paper I mentioned a few minutes ago. the floor and remind colleagues every tended through the Federalist Papers. And for nearly 228 years—228 years— day—that a group of Americans in a On April 1, 1788, Alexander Hamilton, during times of war, times of peace, pe- city of 100,000 where there has been a writing in Federalist Paper No. 76, out- riods of prosperity, and periods of eco- Federal emergency declared are still lined two specific roles for Supreme nomic hardship, America has balanced waiting for us to act to help them—not Court nominees: that the President the powers between the executive and to do the whole thing, not to pay for all nominate Justices and the Senate pro- the legislative branches in selecting of what needs to be done in terms of vide advice and consent. Hamilton ex- who would serve in the third branch of water infrastructure, but to do our part plained how the Senate held the power government. We have done it during as a Federal Government, as we have to reject a nominee, to prevent the ap- Democratic majorities and Republican done in communities across the coun- pointment of unfit characters from majorities for 228 years. try for other kinds of emergencies. family connection, from personal at- To those who are refusing to hold We need to help the children of Flint. tachment, or from other biases. hearings on a nomination, my question Nine thousand children under the age As my colleagues know, Senators can is this: What has changed? What has of six are being exposed to lead poi- investigate the character of a nominee changed this year? What is it about soning; some homes have exposure by meeting the nominee in person, by this President that causes him to be higher than a toxic waste dump. I can holding hearings, and by looking at treated this way? What is it that is tell my colleagues as a mother and now their writings. At the Senate Judiciary leading my colleagues to question the as a grandmother, I would never tol- Committee they can ask the nominee judgment and the wisdom of Alexander erate something like that. I can’t questions in full view of the public. Hamilton and the rest of the Founding imagine what is happening for families. Based on responses, if they believe a Fathers who signed the Constitution We have the opportunity to do some- nominee does not have the appropriate and gave us the responsibility for ad- thing. It is easy. It is fully paid for. It character, they can reject the nomina- vice and consent? is fully paid for by something that col- tion. They can vote no. That is our In short, why now are you refusing to leagues on the other side of the aisle right as Senators. do your job? Just do your job. Do what have wanted to eliminate—fully paid But Senators in the current Repub- we are paid to do. for. It helps communities across the lican majority are refusing to do any of Last month, I went over in front of country. Now we have a situation that. They have said they will not hold the Supreme Court on a beautiful, where one Member has indicated, well, hearings. Most of them will not even sunny day when a lot of people were it is not his problem. He doesn’t care; meet with the nominee, Judge Merrick here visiting, and I talked to a number it is not his problem. Garland. I want to commend Repub- of citizens and asked them what they I hope as Americans we are willing to lican Senators who are, in fact, meet- thought about what was happening, the say that other people’s problems—I ing with Judge Garland. This is their debate going on about filling a vacancy would think we care about them, job. This is our job—the job established on the Supreme Court. I also asked whether it is our own children, our own for us by America’s Founding Fa- them what would happen to you if dur- grandchildren, people we know or not. thers—and a majority of the majority ing a year you told your employer that That is what we expect when there are is refusing to do it. a major part of your job—a very big re- emergencies and disasters across the Now, according to the average time sponsibility that you have in your country. And whether it is in the farm for moving a Supreme Court nominee job—you were going to refuse to do for bill that I worked on with the distin- through the process, if the Republican a year or so. What would happen? Well, guished Presiding Officer where we majority did their job, as previous Sen- the answer is pretty easy. People said: strengthened livestock disaster assist- ates did, then there would be a hearing I would be fired. ance—even though that is not a huge of the Judiciary Committee by April People say: Why aren’t you doing issue to me in the State of Michigan, 27, but there is none scheduled. The Ju- your job? Why isn’t the majority doing but I know it is for a lot of States and diciary Committee would hold a vote its job? Because if you are not willing a lot of communities. That is what we by May 12, but there is no vote coming. to do the work, why should you have do as Americans. We care about people And based on historical precedent, the the job? Nobody else can do that in and communities. Supreme Court nominee would then their job.

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.026 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1793 That is why the polls show over- percent of the contract controller work of State and Federal regulations whelmingly that the American people workforce are veterans. that are in place today. side with those of us on the Democratic Congress has demonstrated numerous Everyone I talk to in Louisiana’s side, with all of us who stand together times in bipartisan fashion the merit maritime industry and also in the in- as Democratic Senators to say: Do and need for the Federal Contract land marine, which would take the ag- your job. We are willing to do our job. Tower Program. Given the success of riculture products from States such as People stand with the Constitution and the program and the increasing likeli- the State the Presiding Officer rep- with the overwhelming history of our hood of further FAA delays, I am resents, says it is necessary for these country. pleased the Commerce Committee in- regulations to be harmonized, and they It is very simple. It is a very simple cluded language in the FAA reauthor- emphasize the importance of passing idea. It is a phrase we say all the time ization bill to strengthen and improve this bill. I am a cosponsor of this bill, in all kinds of circumstances. We say the Federal Contract Tower Program. and I am glad to see that Senator to our children, we say to people we Senators CORNYN, VITTER, PORTMAN, RUBIO has filed the amendment to the work with: Just do your job. Well, this and WICKER have been leaders on this bill we are considering on the floor is our job. Hold a hearing, meet with issue, and their work is greatly appre- today. the nominee, have a vote. You can vote ciated. The FAA Reauthorization Act con- tains many measures that will protect yes; you can vote no. You could skip Currently, America’s trade and econ- Americans, improve our economy, and that day. But this judge deserves a omy are being hampered because many protect our environment. I urge all my vote, and it is our responsibility to cargo planes from other countries are fellow Senators to support the bill and vote and to fill the vacancy on the prohibited from flying into U.S. air- ports because they have not been up- these amendments. highest Court in the land. That is what I yield the floor. the American people expect us to do. graded to newer types of technology. Some aircraft are what is called AMENDMENT NO. 3512, AS MODIFIED That is what they deserve. Mr. LEAHY. Mr. President, Aviation It is time that the Senate do its job. ‘‘Stage 2 aircraft.’’ These aircraft were safety, as much as all national secu- Thank you, Mr. President. phased out following the passage of the rity, must be of paramount impor- I yield the floor. Airport Noise and Capacity Act of 1990, tance. I am increasingly concerned I suggest the absence of a quorum. which mandated the phaseout for Stage with reports from across the country The PRESIDING OFFICER. The 2 aircraft over 75,000 pounds. I have in- that Secure Identification Display clerk will call the roll. troduced an amendment that would Area, SIDA, badges have gone missing, The senior assistant legislative clerk permit flights to a small number of air- either through loss or theft. These proceeded to call the roll. ports under limited circumstances for badges, which grant access to secure Mr. CASSIDY. Mr. President, I ask revenue and nonrevenue flights of unanimous consent that the order for areas of airports, allow employees to Stage 2 aircraft over 75,000 pounds. bypass traditional security check- the quorum call be rescinded. One of the airports that meets the points and, in the wrong hands, can The PRESIDING OFFICER. Without criteria is the Acadiana Regional Air- objection, it is so ordered. pose a considerable security threat. port in New Iberia, LA. This airport is An amendment considered and adopt- Mr. CASSIDY. Mr. President, I rise located in a heavy industrial complex ed earlier today by the Senate, Thune today to discuss several provisions in and surrounded by agricultural land. amendment No. 3512, is aimed at ad- an amendment to the FAA reauthoriza- The Acadiana Regional Airport has an dressing this problem and would imple- tion bill that is currently before the advantage over other types of airports ment additional accountability and Senate and that specifically benefits because it is surrounded by land use oversight methods to ensure that these my home State of Louisiana. compatible with airport operations. SIDA badges do not fall into the wrong There are more than 253 air traffic Additionally, it is situated near the hands. It would provide for further em- control towers throughout the country Port of Iberia, which is home to more ployer accountability and allow for in- operating through a successful public- than 100 companies employing close to creased fines and enforcement actions private partnership called the Federal 5,000 people in industries such as con- against workers that fail to report the Contract Tower Program. This pro- struction, energy, equipment rental, loss or theft of a badge. These are well- gram is especially critical to rural and trucking. This would bolster Lou- intentioned goals and ones that I sup- areas—as I have in Louisiana and as isiana’s economy, help working fami- port. does the Presiding Officer—to ensure lies, and improve America’s ability to I opposed this amendment, however, that America’s airspace and the trav- trade with the world. because extraneous provisions included eling public are safe. However, there Louisiana’s economy relies on the in the amendment directly contradict are currently 30 towers awaiting the thriving maritime industry. In 2014 a bipartisan efforts in this Congress to FAA to finalize an internal agency for- study from the Transportation Insti- reform our criminal justice system, in- mula called the benefit-cost analysis, tute showed that 54,850 maritime-re- cluding by reducing unnecessary bar- referred to as the BCA, which will lated jobs contribute more than $11 bil- riers to employment for people with allow eligible towers to enter the Fed- lion annually to Louisiana’s economy. criminal records. The amendment will eral Contract Tower Program. One of One in every 83 Louisiana jobs is con- require the TSA Administrator to pro- these airports is the Hammond nected to the domestic maritime indus- pose increasing the lookback period Northshore Regional Airport in Ham- try, nearly twice that of any other from 10 years to 15 years for back- mond, LA. State. ground checks of airport and airline The Federal Contract Tower Program With ports along the Mississippi and workers who have or are seeking SIDA has been in place for more than 30 Red Rivers, our State sees vessels of badges. Under current regulations, years and is a prime example of an ef- varying sizes and types. While loading there are a number of offenses that dis- fective public-private partnership be- cargo, these ships must drain ballast qualify a potential employee, if the in- tween government and the private sec- water that they have taken on to dividual was convicted of the offense tor. Contract towers handle approxi- maintain the balance of the ship. This during the 10-year lookback period. mately 28 percent of the Nation’s air can have varying degrees of environ- The amendment would also require traffic control tower operations but ac- mental effects, with costly and con- the TSA Administrator to consider count for only 14 percent of the FAA’s fusing State and Federal regulations adding more offenses to the list of dis- total tower operations budget. Re- making compliance difficult. qualifying crimes. Disqualifying of- peated studies by the U.S. Department Senator RUBIO is sponsoring the Ves- fenses already include a number of low- of Transportation inspector general sel Incidental Discharge Act, which level offenses, such as felony drug pos- have shown that the Contract Tower creates a uniform, enforceable, and sci- session. These provisions would exacer- Program increases aviation safety entifically based national standard on bate barriers to reentry. The scope of while reducing costs to taxpayers and ballast water discharges. This is needed the changes will still exclude many po- the Federal Government. It is also im- in order to simplify the highly com- tential employees and lead to the fir- portant to note that approximately 80 plicated and overly burdensome patch- ing of a number of current employees.

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.027 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1794 CONGRESSIONAL RECORD — SENATE April 7, 2016 I ask unanimous consent to have print- We do support some elements of this legis- rents, create a new eligible use under ed in the RECORD at the conclusion of lation. The bill would create a waiver proc- Homeland Security grants for training my remarks a letter from Transport ess for those who are denied credentials. This exercises to enhance preparedness for Workers Union of America, the AFL– would ensure the consideration of cir- active shooter incidents, and authorize cumstances from which it may be concluded CIO, the Association of Flight Attend- that an individual does not pose a risk of ter- and make explicit that Homeland Se- ants, CWA—the Communication Work- rorism or to security. The waiver process curity grants can be used for airport ers of America, the International Asso- would consider the circumstances sur- and surface transportation in these ciation of Machinists and Aerospace rounding an offense, restitution, mitigation nonsecure soft target areas. I am proud Workers, the Transportation Trades remedies, and other factors. This provision is to have cosponsored this amendment. Department—AFL–CIO, the Leadership modeled on a very successful program in the On rollcall vote No. 43, Schumer Conference on Civil and Human Rights, Transportation Worker Identification Cre- amendment No. 3483, I would have and the National Employment Law dential (TWIC), a credential that is similar voted in favor of adoption. This amend- Project in opposition to this amend- to a SIDA, which is used at secure areas of ment would establish consumer safe- port facilities. ment. We strongly encourage you oppose the in- guards like minimum standards for I am committed to working with clusion of any amendment providing blanket space for passengers on aircrafts, in- Senator THUNE to ensure greater ac- categorical exclusions that would increase cluding the size and pitch of seats, the countability for Secure Identification background checks on aviation workers and amount of leg room, and the width of Display Area badges. It must be a pri- act as additional barriers to the employment aisles. ority. I hope that he and others will of people with criminal records. Thank you As these votes demonstrate, after a work with me through the conference for your consideration. If you have any ques- series of temporary extensions, the of this bill to eliminate these barriers tions, please feel free to contact Brendan Senate is finally considering a long- to employment for individuals with Danaher, Director of Government Affairs at the Transport Workers Union, or Greg term FAA reauthorization bill. In light certain criminal records. Regan, Senior Legislative Representative at of recent threats both here and abroad, There being no objection, the mate- the Transportation Trades Department, it is important that we get this right. rial was ordered to be printed in the AFL–CIO. I look forward to continuing to work RECORD, as follows: Sincerely, with my colleagues on a bipartisan APRIL 6, 2016. TRANSPORT WORKERS basis on these important security re- OPPOSE THE AIRPORT SECURITY ENHANCEMENT UNION OF AMERICA. forms, consumer protections, and other AND OVERSIGHT ACT (S. 2361) AS AN AMEND- AFL–CIO. pressing aviation-related issues in the MENT TO THE FAA REAUTHORIZATION ACT ASSOCIATION OF FLIGHT coming days and weeks.∑ (H.R. 636) ATTENDANTS—CWA. Mr. CASSIDY. I suggest the absence DEAR SENATOR: On behalf of the under- COMMUNICATION WORKERS signed organizations, we write to oppose any OF AMERICA. of a quorum. efforts to expand background checks on avia- INTERNATIONAL The PRESIDING OFFICER. The tion workers as proposed in the Airport Se- ASSOCIATION OF clerk will call the roll. curity Enhancement and Oversight Act (S. MACHINISTS AND The senior assistant legislative clerk 2361). In particular, we are opposed to the in- AEROSPACE WORKERS. proceeded to call the roll. clusion of S. 2361 as an amendment to H.R. THE LEADERSHIP Mr. MCCONNELL. Mr. President, I 636, the FAA Reauthorization Act, which is CONFERENCE ON CIVIL ask unanimous consent that the order currently under consideration in the Senate. AND HUMAN RIGHTS. for the quorum call be rescinded. As drafted, S. 2361 would undermine reforms NATIONAL EMPLOYMENT The PRESIDING OFFICER (Mr. CAS- around the nation that have reduced barriers LAW PROJECT. SIDY). Without objection, it is so or- to employment of people with criminal TRANSPORTATION TRADES dered. records, thus representing a serious setback DEPARTMENT, AFL–CIO. UNANIMOUS CONSENT AGREEMENT—EXECUTIVE for the bipartisan criminal justice reform VOTE EXPLANATION CALENDAR movement. ∑ Mr. DURBIN. Mr. President, I was The Airport Security Enhancement and Mr. MCCONNELL. Mr. President, I absent from today’s votes on three Oversight Act would alter the requirements ask unanimous consent that on Mon- amendments to the pending business, for airport workers to obtain Secure Identi- day, April 11, at 5 p.m., the Senate pro- H.R. 636, the vehicle for a bill to reau- fication Display Area (SIDA) badges by in- ceed to executive session to consider structing the Transportation Security Ad- thorize the Federal Aviation Adminis- the following nomination: Calendar No. ministration (TSA) Administrator to propose tration, due to events I attended with 215; that there be 30 minutes for debate increasing the lookback period on many President Obama in Illinois. Had I been only on the nomination, equally di- aviation workers’ employment background present, my votes would have been as checks from 10 years to 15 years. This provi- vided in the usual form; that upon the follows. sion undermines the goal of promoting reha- use or yielding back of time, the Sen- bilitation, and it conflicts with the substan- On rollcall vote No. 41, Thune amend- ment No. 3512, as modified, I would ate vote on the nomination without in- tial research documenting that criminal his- tervening action or debate; that if con- tory lookback periods should not extend have voted against adoption. I am con- back more than seven years. cerned about the impact that a provi- firmed, the motion to reconsider be The bill also instructs the TSA Adminis- sion in this amendment will have on considered made and laid upon the trator to consider increasing disqualifying formerly incarcerated individuals who table, the President be immediately criminal offenses to include crimes that do have successfully reintegrated into so- notified of the Senate’s action, and the not appear to be related to transportation ciety after completing sentences for Senate then resume legislative session security. These reforms would have far without any intervening action or de- reaching impact and exacerbate barriers to low-level crimes unrelated to transpor- tation security. The provision, which bate. reentry. As many as one in three Americans The PRESIDING OFFICER. Without have a criminal record and nearly half of will make it more difficult for these in- objection, it is so ordered. U.S. children have a parent with a criminal dividuals to obtain certain aviation record, creating life-long barriers to oppor- jobs years after a criminal conviction, f tunity, including employment, for entire undermines efforts to reduce barriers OLDER AMERICANS ACT families. This change will also have an over- whelming discriminatory impact on commu- to reentry, lower recidivism rates, and REAUTHORIZATION ACT OF 2015 nities of color, who have been hardest hit by reform our criminal justice system. Mr. MCCONNELL. Mr. President, I a flawed criminal justice system. Moreover, On rollcall vote No. 42, Heinrich ask that the Chair lay before the Sen- this proposal does not account for the com- amendment No. 3482, as modified, I ate a message from the House to ac- pelling evidence documenting the impact of would have voted in favor of adoption. company S. 192. gainful employment on those who have pre- This amendment will further strength- viously been convicted of a crime. Full inte- The Presiding Officer laid before the en the homeland by increasing security Senate the following message from the gration into society is essential to successful in soft targets at airports, in areas like anti-terror programs and efforts to lower re- House of Representatives: cidivism rates. By requiring the dismissal of check-ins and baggage claims, where Resolved, That the bill from the Senate (S. many current employees who have worked in terrorists recently carried out deadly 192) entitled ‘‘An Act to reauthorize the a position for years, the legislation ignores attacks in Brussels. The amendment Older Americans Act of 1965, and for other these widely accepted principles. will expand and enhance visible deter- purposes,’’ do pass with an amendment.

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.037 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1795 Mr. MCCONNELL. Mr. President, I As I have stated previously, this is a As an example, right after that vote move to concur in the House amend- reasonable approach, it is a fair ap- where the President’s budget wasn’t ment and know of no further debate. proach, and it is a historical ap- voted out of the Budget Committee, I The PRESIDING OFFICER. Is there proach—one echoed by then-Chairman was home on a spring recess. I remem- further debate? BIDEN, Senator SCHUMER, and other ber calls from the White House. I re- If not, the question is on agreeing to Senators. member threats from the Chamber of the motion to concur. The other side, meaning the Demo- Commerce while I was home for Easter The motion was agreed to. cratic side, has been talking a great break, even interrupting my town Mr. MCCONNELL. Mr. President, I deal about the so-called pressure cam- meetings. Four years later, I led the ask unanimous consent that the mo- paign to try to get Members to change charge to freeze spending and to end tion to reconsider be considered made their position. It is no secret that the the Reagan defense buildup as a way to and laid upon the table. White House strategy is to put pressure get the Federal budget under control. The PRESIDING OFFICER. Without on this chairman of the Judiciary Com- In 1984 I teamed up with Senator objection, it is so ordered. mittee and other Republicans in the BIDEN, a Democrat, and Senator Kasse- f hopes that we can be worn down and ul- baum of Kansas, a Republican, to pro- EXPRESSING THE SENSE OF THE timately agree to hold hearings on the pose a freeze of the defense budget that SENATE REGARDING THE PROS- nominee. would have cut hundreds of billions of ECUTION AND CONVICTION OF This pressure campaign, which is tar- dollars from the annual deficit. FORMER PRESIDENT MOHAMED geted at me and a handful of my col- At the time, it was known as the NASHEED WITHOUT DUE PROC- leagues, is based on the supposition Kassebaum-Grassley Budget or the ESS that I and they will crack and move KGB defense freeze. We were going to forward on the consideration of Presi- make sure that across-the-board budg- Mr. MCCONNELL. Mr. President, I dent Obama’s pick. ets were responsible. ask unanimous consent that the Sen- This strategy has failed to recognize ate proceed to the immediate consider- For months, I endured pressure from that I am no stranger to political pres- the Reagan administration and from ation of Calendar No. 402, S. Res. 392. sure and to strong-arm tactics—not The PRESIDING OFFICER. The my Republican colleagues who argued necessarily just from Democratic a freeze on defense spending would con- clerk will report the resolution by Presidents but also from Republican title. stitute unilateral disarmament. Presi- Presidents. dent Reagan had put together a less ag- The senior assistant legislative clerk When I make a decision based on read as follows: gressive deficit reduction plan. We sound principle, I am not about to flip- didn’t think it went far enough. My bi- A resolution (S. Res. 392) expressing the flop because the left has organized sense of the Senate regarding the prosecu- partisan plan was attacked for being what they call a pressure campaign. dangerous and causing draconian cuts tion and conviction of former President As many of my colleagues—and espe- Mohamed Nasheed without due process and to the defense budget. I knew it was re- cially my constituents—know, I have urging the Government of the Maldives to alistic and a responsible approach. I done battle with administrations of take all necessary steps to redress this injus- didn’t back down. both parties. I have fought over irre- tice, to release all political prisoners, and to We forced a vote that year in the ensure due process and freedom from polit- sponsible budgets, waste, fraud, and Budget Committee. We forced a vote on ical prosecution for all the people of the policy disagreements. I have made the Senate floor on May 2, 1984, and Maldives. tough decisions. I have stuck with that particular year we were not suc- There being no objection, the Senate those tough decisions regardless of cessful. However, this effort required proceeded to consider the resolution. what pressure was applied. the Senate and the Nation to have a Mr. MCCONNELL. Mr. President, I The so-called pressure being applied further ask unanimous consent that to me now is nothing. It is absolutely debate about a growing defense budget. the resolution be agreed to, the pre- nothing compared to what I withstood We started that debate, about the amble be agreed to, and the motions to from heavyhanded White House polit- waste and inefficiency in the Pentagon reconsider be considered made and laid ical operations in the past. and the growing Federal fiscal deficits. upon the table with no intervening ac- Let me say, by the way, that most of Despite the weeks-long pressure from tion or debate. that has come from Republican White conservatives in the Reagan adminis- The PRESIDING OFFICER. Without Houses. To just give a few examples, in tration, I did not back down because I objection, it is so ordered. 1981, as a new Member of the Senate knew the policy was on my side. The resolution (S. Res. 392) was and a brand-new member of the Senate In this process I stood up to pressure agreed to. Budget Committee, I voted against from President Reagan, Defense Sec- The preamble was agreed to. President Reagan’s first budget pro- retary Casper Weinberger, Secretary (The resolution, with its preamble, is posal because we were promised a bal- Barry Goldwater, Senator John Tower, printed in the RECORD of March 8, 2016, anced budget and it didn’t balance. I Chairman of the Budget Committee, under ‘‘Submitted Resolutions.’’) remember very specifically the Budget and many others. I remember a meet- f Committee markup in April 1981 on ing at the White House where I re- President Reagan’s first budget. minded the President that he had been AMERICA’S SMALL BUSINESS TAX It happened to be that I wasn’t alone talking through the campaign about RELIEF ACT OF 2015—Continued on this. I was one of three Republicans the Welfare queens impacting the The PRESIDING OFFICER. The Sen- to vote against that resolution because budget. It happens that I reminded him ator from Iowa. it did not put us on a path to a bal- there were Defense queens as well. FILLING THE SUPREME COURT VACANCY anced budget. You can imagine that I started doing oversight on the De- Mr. GRASSLEY. Mr. President, we when a budget has to come out on a fense Department. It wasn’t long before have a unique opportunity for the party-line vote, you cannot lose three the evidence of waste and fraud began American people to have a voice in the Republicans, and three Republicans appearing. We uncovered contractors direction of the Supreme Court. The who were elected in 1980 on a promise that billed the Defense Department American people should be afforded the to balance the budget did not go along $435 for a claw hammer, $750 for toilet opportunity to weigh in on this very with it. seats, $695 for ashtrays. We even found important matter. What a loss this was for this new a coffee pot that cost $7,600. Our side, meaning the Republican President Reagan—that his budget I had no problem finding Democrats side, believes very strongly that the might not get adopted by the Budget to join my oversight effort back then, people deserve to be heard, and they Committee. We were under immense but it is interesting how difficult it is should be allowed to decide through pressure to act on the President’s to find bipartisan help when doing their vote for the next President the budget regardless of the deficits that it oversight in the current Democrat ad- type of person who should be on the would cause. But we stood on principle ministration. Nevertheless, 12 months Supreme Court. and didn’t succumb to the pressure. later, on May 2, 1985, after a year of

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.041 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1796 CONGRESSIONAL RECORD — SENATE April 7, 2016 work to make the case that the De- port $1.3 trillion in tax relief. A hail- I want the minority leader to know fense Department needed structural re- storm of criticism followed. There were that is what happened, not what he de- forms and slower spending growth, I Republican House Members who held scribed a couple of weeks ago. Eventu- was successful. My amendment to press conferences denouncing the fact ally, as we all know, the former major- freeze the defense budget and allow for that the Committee wasn’t able get ity leader—now minority leader—had increases based on inflation was agreed enough votes for the whole $1.6 trillion. his staff rewrite the bill that came out to when a motion to table failed by a Those House Members were more pro- of the HELP Committee and in secret vote of 48 to 51. fessional in their criticism of my posi- in the back rooms of his leadership of- A majority of the Republicans op- tion, than what we currently witness fice. And we ended up with the disaster posed me, and a majority of the Demo- almost every day from the current mi- called ObamaCare that we have today. crats were with me. That didn’t matter nority leader about my role as chair- The Senate minority leader also re- because I knew we were doing the right man of the Judiciary Committee. But, cently proclaimed that rather than fol- thing. I went against my own party, it was still a very contentious and dif- low Leader MCCONNELL—and these are my own President, to hold the Pen- ficult period that included both the Senator REID’s words—‘‘Republicans tagon accountable, and I never backed budget and the reconciliation process. are sprinting in the opposite direc- off. Minority Leader REID has already re- tion.’’ The minority leader also wish- I had a similar experience with Presi- cently brought up the pressure I came fully claimed that the Republican fa- dent George W. Bush in 1991. In Janu- under in regard to ObamaCare back in cade was cracking on the issue. Sen- 2009. Of course, his version is his usual ary 1991, the Senate debated a resolu- ator SCHUMER fancifully stated that tion to authorize the use of U.S. Armed attempt to rewrite the actual history. ‘‘because of the pressure, Republicans Forces to remove Saddam Hussein’s At that time, I was the ranking mem- are beginning to change.’’ forces from Kuwait. I opposed the reso- ber of the Finance Committee. I was You can almost hear the ruby slip- lution because I felt the economic and involved in very in-depth negotiations pers on the other side clicking while diplomatic sanctions that I voted for to try to come up with a health care they wish this narrative they describe should have been given more time to solution. We started in November of were true. The fact is, the pressure work. I was not ready to give up on 2008. We had negotiations between they have applied thus far has had no three Republicans and three Democrats sanctions in favor of war. impact on this Senator’s principled po- on the Finance Committee. We met for In the end, I was one of just two Re- sition or the principled position of al- hours and hours at a time. publicans, along with Senator Hatfield most everybody on this side of the of Oregon, to oppose the resolution. I We met between November 2008 and aisle. Our side knows and believes that was under pressure from President mid-September 2009, and then the other what we are doing is right, and when Bush, Vice President Quayle, and side decided they ought to go political that is the case, it is not hard to with- White House Chief of Staff John and not worry about Republicans. The stand the outrage and the pressure Sununu. I was even pressured by Iowa minority leader, in his usual inac- they and the White House have manu- Governor Terry Branstad. I heard from curate statement of facts has tried to factured. a lot of Iowans, particularly Repub- say that Republicans walked out of The pressure we are now getting on licans, who were disappointed and even those negotiations on ObamaCare. The this issue pales in comparison to the angry with my position. Some were fact is, we were given a deadline and pressure I have endured and withstood even considering a public rebuke be- told that if we didn’t agree with the from both Democrats and Republicans cause of my vote. As one of just two latest draft of the bill, then Democrats in the past. Republicans, it was difficult to differ would have to move on. I would suggest that anybody in the I yield the floor. with a Republican President on such a The PRESIDING OFFICER. The Sen- major issue. But as I stated at the Senate who wants some reference on this should talk to Senator Snowe or ator from Minnesota. time, my decision was above any par- Ms. KLOBUCHAR. Mr. President, I Senator ENZI. I was the other Repub- tisanship. It was a decision of con- rise today to speak in support of the science rather than a matter of Repub- lican. Talk to Senator Baucus, talk to Senator Conrad and the then-Senator bill that is on the floor, the Federal lican versus Democrat. Aviation Administration Reauthoriza- After a tremendous amount of soul- from New Mexico. The President called tion Act. I thank Senator THUNE and searching, I did what I thought was six of us to the White House in early Senator NELSON for their leadership. right, regardless of the political pres- August of 2009. The first question I got I serve on the Commerce Committee. sure. The same is true today with re- was this: Would you, Senator GRASS- I am proud of this bill. Our State has a gard to the Supreme Court vacancy. LEY, be willing to go along with two or Under President George W. Bush, I three Republicans to have a bipartisan long history of aviation. It was the faced another dilemma. The President bill with ObamaCare at that point? childhood home of Charles Lindbergh. and the Republican congressional lead- And I said: Mr. President, the answer is We are home to the Minneapolis-St. ership determined that they wanted to no. What do you think we have been Paul International Airport, the 13th provide $1.6 trillion in tax relief in 2001. working on for 9 months? We have been busiest airport in the United States. I was chairman of the Senate Com- working, trying to get a broad bipar- We are home to Cirrus Design Corpora- mittee on Finance. The problem is, we tisan agreement. It’s something like 70 tion in Duluth, which makes planes had a Senate that was divided 50–50 at to 75 votes you need to get if you really and is a very successful company, as the time. The parties’ numbers also want to have a changed social policy well as many people whose jobs and equal, on the Senate Finance Com- and have it stick. ways of life depend on the aviation in- mittee. I had two members on my side We didn’t abandon this until 2009. dustry, not to mention the 148th Fight- who were reluctant to support a huge But my idea is that probably it was er Wing National Guard base, as well as tax cut because they had concerns that meeting at the White House in the one in the Twin Cities and the one about the deficit and the debt. early August 2009 where this President in Duluth. As we saw a few years later, their decided: we don’t want to mess around I see my colleague from Arizona is concerns were not totally unwarranted. with those Republicans anymore. We here, so I will focus on one issue, and But, at the time, the administration have 60 votes; we are going to move that is aviation security. leadership would have nothing to do ahead. Well, that happened then in Mr. President, 9/11 was our country’s with anything except what the Presi- that September. wake-up call that our transportation dent wanted—$1.6 trillion in tax relief. The fact is, we were given that dead- system is a target, and the attacks in Obviously, the White House wasn’t line, and we were shoved out of the Brussels last month remind us that we thinking about how many Republicans room. So when we didn’t bow to this must continue to do everything we can might vote against it, and when you pressure and agree to Democratic de- to strengthen security, and not just in have a 50–50 Senate, you can’t lose a mands, it ended up being a partisan our security lines at the airports but lot of Republicans. document. That is why it still doesn’t also in places like baggage claim areas After very difficult negotiations, I fi- have the majority support of the Amer- and other forms of transportation, like nally rounded up enough votes to sup- ican people. train stations. We need to make sure

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.042 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1797 our soft-target areas, as they are There are also plans to use these K– There should be no doubt that the VA called—like the security lines, baggage 9 units not just in the perimeters of the is failing to fully and effectively imple- claims, and ticketing counters at the bill we passed today but also on these ment the Choice Card. In doing so, it is airport—are safe. lines. Not only do these dog teams add preventing our veterans from receiving I am a cosponsor of the amendment more security, by working a line of the flexible care they have earned and that passed today that will help ad- passengers, they actually speed up that deserve. dress the issue by doubling the number line because then those passengers es- We know that when implemented of visible intermodal prevention and sentially become precheck passengers correctly, the Choice Card Program is response teams from 30 to 60. These and they don’t have to be prechecked. improving care for our veterans. After teams help provide important deter- They become prechecked because of an extremely difficult start, the VA rent security at potential air and the dogs, and that speeds up everything Choice Card is now authorizing more ground transportation targets across for all airport passengers. than 110,000 appointments for veteran our country. I think we have seen enough of these care per month—over 5,000 per work- This amendment which passed today terrorist attacks across the country, day. Each of these appointments rep- will also improve existing security sys- planes with bombs going down in other resents a veteran’s appointment that tems in airports and train stations by places. We know this is a danger. We would otherwise be delayed and pend- expanding bomb-sniffing dog patrols, don’t want this in our homeland. ing for months in the VA scheduling law enforcement training for emer- I appreciate the support of my col- system. It also frees up appointments gency situations, and security in all leagues on these amendments. We will at the VA for veterans who do not use perimeter areas of the airport. continue to work on security issues. the Choice Card, helping countless vet- We must also improve the secure Mr. President, I yield the floor. erans receive an appointment faster. areas of airports where airline employ- The PRESIDING OFFICER. The Sen- We have also seen what can happen ees have secure access to what are ator from Arizona. when the VA properly reimburses com- called sterile areas. In March, as we all PERMANENT VA CHOICE CARD ACT munity doctors for their services. In know, an airline employee was arrested Mr. MCCAIN. Mr. President, I rise the western region alone, community after attempting to use his badge to today to discuss the urgent need for doctors participating in the VA Choice enter the boarding area of a terminal Congress to reform how the Depart- Program have increased from around from the tarmac, bypassing security ment of Veterans Affairs delivers 95,000 to nearly 160,000. More than 90 gates. He had a backpack with $282,000 health care to our Nation’s veterans. percent of all doctors are being paid in it. In the same month, we saw an- One of the great scandals and shameful within 30 days, and the vast majority other employee try to smuggle 70 aspects of the greatest Nation in the of doctors are choosing to stay in the pounds of cocaine in her suitcase at world is the way we treat our veterans. VA Choice Program—mainly because of LAX, and she was caught at a security I believe important progress has been their love of country—to treat our Na- checkpoint. The most egregious breach made since the scandal in which vet- tion’s veterans. of security happened at the Atlanta erans died, waiting on nonexisting Moreover, we have seen that when airport, where airline employees helped wait-lists for care at the Phoenix VA the VA is equipped to handle the de- to facilitate a gun-smuggling ring and medical center and VA hospitals mand for Choice Program appoint- were successful at getting guns on at around the country, but we have a long ments made through call centers, vet- least 20 flights from Atlanta to New way to go to fulfill our solemn promise erans are getting their appointments York. Needless to say, there continues to every veteran who has served and faster. Recent openings of new call cen- to be significant concern, as much as sacrificed. ters have greatly reduced wait and on- we know that the vast majority of our In the matter of that terrible scan- hold times among our veterans. Today, airline employees are hard-working dal, I was proud that Congress quickly wait time averages for veterans calling and good employees. acted to pass the bipartisan Veterans into the western region call centers for Eighty-five Senators just voted in Access, Choice, and Accountability Choice Card appointments are less than support of the Airport Security En- Act. That bill was an important first 1 minute. forcement and Oversight Act, a bill I step—and I emphasize ‘‘first step’’—in As a result of a positive VA policy cosponsored that would help address reforming the gross mismanagement change last year, contractors are now this issue of security at the airport, and lack of accountability at the VA. able to contact veterans and ensure but I would like to add our own story In my view, the hallmark of the bill that their authorizations for care are out of Minnesota-St. Paul. is the Choice Card Program, which for approved ahead of time so that ap- First of all, it is a story of ineffi- the first time allows any veteran who pointments can be made much faster ciency, so we made a reconfiguration is waiting more than 30 days for an ap- over the phone. at our airport. There were lines at one pointment or who lives more than 40 While we are seeing important point where the average time was 45 to miles from a VA health care facility to progress as a result of the Choice Card, 50 minutes—average time. That was receive a Choice Card that they can use far too many veterans are still experi- just a month ago. There were pas- to visit a participating doctor in their encing long wait and on-hold times sengers waiting for 2 hours and missing community instead of being forced to with call centers and confronting dif- their flights. There were simply not wait with no recourse. ficulties getting an appointment. Un- enough TSA agents. They were out at a So how is the VA Choice Card work- fortunately, some veterans, veterans training, which was, of course, nec- ing? My colleagues in the Senate and I service organizations, and opponents of essary because of the inspector gen- continue to hear from veterans in Ari- the VA Choice Card cite these short- eral’s report that came out this June zona and across the country about comings as evidence that the whole and showed some severe problems in se- their ongoing problems receiving care. Choice Card Program is broken and curity at our airports. So we had a per- Veterans find that VA staff don’t know needs to be eliminated. These oppo- fect storm of people out for training, a about the Choice Card or how to au- nents are wrong, and they know it. The new reconfiguration, and finally the thorize care through it. Veterans are problem isn’t the Choice Card; it is spring break travel. But it was simply forced to wait on hold for hours with a that the VA refuses to implement it unacceptable when our taxpayers are call center in order to schedule an ap- correctly. paying for TSA. In fact, this Congress pointment. Community doctors and Instead of working to solve the prob- authorized $100 million—$90 million hospitals that volunteered to partici- lems at the VA head-on, the same bu- more than they asked for in the last pate in the Choice Program are not reaucrats who have completely bungled budget year. getting paid for their services. Vet- the implementation of the VA Choice I have appreciated TSA Adminis- erans who are able to use the Choice Card are using their own failures as an trator Neffenger coming to Minnesota, Card once and need to use it again have excuse to shut down the entire pro- saying that it was unacceptable, saying to start all over from scratch. Veterans gram. Allowing them to do so would that they were hiring people with the still have to drive long distances to get only send veterans back to the unac- budget money that was provided. prescription medications. ceptable status quo of never-ending

VerDate Sep 11 2014 01:00 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.043 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1798 CONGRESSIONAL RECORD — SENATE April 7, 2016 wait times for appointments. Does any- elements of my plan address some of freedom in health care while veterans body want to return to the status quo? the most urgent problems still plagu- are forced to wait in line and ask per- I refuse to send our veterans back to ing the VA. mission from a VA bureaucrat before the nonexistent wait-lists that led to First, the action plan proposes keep- getting access to care. the scandal of denied and delayed care ing the VA open later during the week I thank my colleagues for working in the first place. Every representative and opening the VA on weekends for with me on these and other measures in Congress and every official at the local doctors and nurses to treat our that will help finish the work we start- VA should too. According to a poll re- veterans. This would address the most ed nearly 2 years ago with the Veteran cently released by Gallup, the Amer- common complaint we hear that wait Access, Choice and Accountability Act ican people overwhelmingly agree. times for appointments are still too and urge passage of my commonsense Ninety-one percent of survey respond- long. In Arizona, wait times have got- reforms as soon as possible. ents believe that veterans should be al- ten worse—not better—over the last Before I close, I want to take a mo- lowed to get health care from any pro- year, with more than 10 percent of all ment to applaud the efforts of my vider who accepts Medicare, not just the Arizona veterans having to wait friend from Georgia, the chairman of the VA. more than 30 days for care at the VA. the Senate Veterans’ Affairs Com- This chart describes the main prob- Despite these long wait times, vet- mittee, JOHNNY ISAKSON, for his leader- lems with VA health care before the erans are still not allowed to make ap- ship, particularly on the issue of ac- Choice Program. Today, military and pointments past 3 p.m. during the week countability at the VA. One of the civilian retirees; Federal employees, and have very few appointment options most disgraceful aspects of the scandal including VA employees; ObamaCare on weekends. VA employees abruptly at the VA is that only a small number enrollees; civilians on employer insur- close clinics no matter what a veteran of senior VA executives responsible for ance plans; and refugees and illegal im- needs at the end of the day. By keeping the wait-time scandal were fired. This migrants have the ability to choose the VA open later and adding hours on was despite the fact that Congress pro- their doctors. The only group of Ameri- weekends, we can address these unac- vided the VA Secretary broad author- cans who is still being denied universal ceptably high wait times and maximize ity to hold corrupt executives account- choice in health care is disabled vet- the use of our VA facilities. able for wrongdoing. I look forward to erans. How is it that we have created a I have also proposed in the Care Vet- working with Chairman ISAKSON and system where virtually everyone in erans Deserve action plan that the VA my colleagues in the Senate to pass America gets to choose their doctor ex- allow community walk-in clinics to legislation that would ensure we hold cept for our Nation’s disabled veterans? treat veterans for minor injuries and all those responsible for denied and de- Our veterans want and need the op- illnesses such as a cold, the flu, aller- layed care, even the deaths of some, ac- portunity to choose the health care gies, sinus infections, immunizations, countable. that works best for them. It is simply vaccines, sore throats, and minor head- Mr. President, I suggest the absence unacceptable that half a million vet- aches. Again, this would greatly reduce of a quorum. erans nationwide today are waiting for the need for veterans to visit VA emer- The PRESIDING OFFICER. The a medical appointment that is sched- gency rooms after hours and would free clerk will call the roll. uled more than 30 days from now. We up appointments for everyone waiting The legislative clerk proceeded to can address this crisis now by making for care at the VA. call the roll. simple changes to the law. Under the The plan also proposes that we re- Mr. WICKER. Mr. President, I ask law, the VA Choice Card pilot program quire VA pharmacies to stay open until unanimous consent that the order for expires next year. We cannot and will 8 p.m. during the week and for at least the quorum call be rescinded. not go back to the way our VA oper- 8 hours on Saturday and Sundays. This The PRESIDING OFFICER. Without ated before the scandal. would tackle a common complaint objection, it is so ordered. While some senior VA leaders are ag- among our working veterans who can- EUREKA ACT gressively implementing the Choice not visit VA pharmacies during their Mr. WICKER. Mr. President and my Program, many others believe veterans limited workday hours to obtain a pre- fellow colleagues, I once again come to should be forced to stay within the scription. It is absurd that a civilian the floor to talk about Alzheimer’s and walls of the VA no matter what. Mak- can go to a pharmacy 24 hours a day in the efforts being made in this country ing the program permanent will send a most cities in America, but VA phar- and in this Senate and in this city to clear message that we refuse to send macies close early on weekdays and find a cure and find better treatments veterans back to the days of denied and completely on the weekends. for the scourge of Alzheimer’s. Many of delayed care. That is why I introduced I also propose in this action plan that you know this is the most expensive legislation to make the VA Choice individual VA hospitals undergo peer disease our country has ever seen; one- Card permanent and universal. I be- review from the best in health care: half trillion dollars a year in costs to lieve every veteran—no matter where Mayo Clinic, Cleveland Clinic—there is programs that we need to protect like they live or how long they are waiting a long line of them—and other top-tier Medicare, Medicaid. This will rise to $1 for an appointment—should have the health care networks. I was dis- trillion per year in the lifetime of ability to see a doctor of their choice appointed that the independent review many people within the sound of my in their community. required by the Veterans Access, voice unless something is done. Last week I held a townhall meeting Choice and Accountability Act only re- I am so appreciative of the some 1,200 with veterans in Phoenix, AZ, along sulted in a high-level review of the VA people who descended on Washington with Mike Broomhead, a distinguished health care system. Its findings were so this week advocating on behalf of the leader in our community. With tears in broad and general that they provided millions of Americans living with Alz- their eyes and frustration in their Congress with very little guidance on heimer’s and their family members. I voices, veterans described the unending what is happening at individual VA was honored to be invited to their con- wait times for appointments and dif- hospitals in our States. By requiring ference and to speak to over 1,000 peo- ficulty obtaining and using the Choice the VA to undergo peer reviews from ple in the hotel where they were meet- Card to receive the care they want and the best in health care, we will have ing earlier this week. They then came need. More than 2 years after the scan- better insight into how to fully reform to Capitol Hill to visit in the offices of dal in care first arose in Phoenix, AZ, the VA health care system. Senators and Members of the House of and more than a year after reform leg- I intend to include the elements of Representatives, and I had a great islation was signed into law, the VA is that action plan in a bill I will intro- meeting on Wednesday in my office. We still failing our veterans. duce in this Congress. By enacting leg- want to reaffirm our dedication to put- It doesn’t have to be this way. There islation as soon as possible, we can fix ting an end to this terrible disease. My are additional steps we can take now to the serious inequity in veterans health mom died with dementia. Most of us reform this broken health care system. care. It is absurd to me and many oth- have family members who have had That is why I recently announced my ers that virtually every American re- Alzheimer’s or who have been impacted Care Veterans Deserve action plan. The ceives Federal subsidies for choice and by Alzheimer’s.

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.044 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1799 I appreciate the support of my col- a prize to young minds. Perhaps people across this country. Senator STABENOW leagues in this Congress for NIH fund- from around the world might come to and I offered legislation, along with ing. It is very important to continue the United States. This might be some- Senator INHOFE, and a long list of funding, to continue increasing the one in a basement or in his mom’s ga- Democrats and Republicans, including funding for the excellent work done by rage or might be some major inter- Senators BURR, CAPITO, KIRK, and the National Institutes of Health to national corporation. We don’t care. PORTMAN, have been working very fight Alzheimer’s disease and fund Alz- We want to offer an incentive for some- closely with Senator MURKOWSKI as heimer’s research. body to come around, think outside the chair of the committee as well. I appreciate my colleagues voting for box, and get us to a cure quicker. Yet we have one Senator, one Sen- a $350 million increase in research for Prizes have a history of success. In ator who says that is not enough. He Alzheimer’s disease, but of course this 1927, Charles Lindbergh achieved a non- wants to have more, and he is standing falls far short. This is funding that ex- stop flight between New York and in the way of the people of Flint get- perts say is needed to reach our goal of Paris. He won a prize of $25,000 in so ting the help they desperately need. He curing Alzheimer’s within the next dec- doing. In 2004, the XPRIZE—sponsored is standing in the way of children like ade. Along those lines, I have intro- by the XPRIZE Foundation—offered this young infant who appeared on the duced legislation that I think gives us $10 million for the first reusable cover of Time magazine. To me, those a different way to approach the disease manned spacecraft. You know what eyes are very compelling, and I think of Alzheimer’s. My bill is called the happened. It drew down $100 million in those eyes are very compelling to every EUREKA Act that involves a prize investments, this $10 million prize. In American who has witnessed what has competition, in addition to everything 2011, $1 million was awarded for a happened in that city, who has wit- we are doing in research, everything breakthrough in oilspill cleanup. So nessed the horror and the tragedy of NIH is doing, and all the research being prizes work. It can work, in addition to having poisoned water going into peo- done around the country. It is a prize the research NIH is doing around the ple’s bodies for many months while the competition inviting innovators, invit- country. State government dropped the ball. ing people to think outside the box, Let me say, in addition to myself as I will say folks around the country come forward, and give us their ideas. principal sponsor of this act, we now have responded. There has been an out- EUREKA stands for ‘‘Ensuring Useful have 39 cosponsors among this 100-per- pouring of help from people in every Research Expenditures is Key for Alz- son Senate. We are day-by-day, step- corner of this great country of ours. heimer’s.’’ Of course, the Greek trans- by-step getting toward a majority. It is People have sent bottled water. They lation for Eureka is ‘‘I found it.’’ That my hope the leadership of the HELP have sent filters and are providing re- is what we are trying to do—trying to Committee that is now working on the sources. It is what our country does. It find a cure for Alzheimer’s, trying to 21st Century Cures Act that came over is what our people do when we see peo- find milestones that will lead to a cure, from the House with an overwhelming ple in crisis. We stand and lend that and trying to find treatments to help bipartisan vote—I hope we can, in a bi- helping hand. We know any one of us at those suffering from the disease. The goal of my EUREKA Act is to partisan fashion, with the leadership of any time could be in that situation. find the best and brightest minds in Senator ALEXANDER, with the leader- The wonderful thing about being an the country, the best and brightest ship of Senator MURRAY—his lead Dem- American is that as Americans we look minds in the world, to come forward ocrat on the committee—I hope we can out for each other. We know we are a and use their ingenuity to solve this make a decision to add the EUREKA community, a very special place in this complex problem. As I have reiterated bill to the 21st Century Cures Act, to world, and we look out for each other. That is why people back home in in visits with Member after Member, have this extra opportunity, in addi- Michigan—and as I travel around the and I have reiterated on the floor, with tion to everything we are doing, to a prize competition, we pay only for cure Alzheimer’s. country—people are at a loss and won- success. Regardless of the amount of I would urge my colleagues, I would dering why the U.S. Congress hasn’t money we put on the prize, you don’t urge the staff members who might be done something to address this issue. pay the money until we have success, listening to this, to check and see if When I tell them we have legislation which is one of the reasons this EURE- their Members have cosponsored this that will help deal with infrastructure, KA provision wouldn’t come out of NIH and to help us with an additional tool not just in Flint but in communities funding. It would add to it, and we to attack the problem of Alzheimer’s. all across the country, that will plus- would only pay the money if we got the Thank you very much, Mr. President. up public health programs to deal with result, which of course would be far I thank my colleague from Michigan lead poisoning at a time when we real- more valuable than the prize. for deferring for a moment or two ize lead poisoning is not just an issue The numbers associated with Alz- while I make these remarks. for Flint but is an issue for commu- heimer’s are daunting—even worse, Mr. President, I yield the floor. nities all across this country and one chilling. The disease affects 5 million The PRESIDING OFFICER. The Sen- we need to focus on and probably ig- Americans. The number of people with ator from Michigan. nored for far too long, they wonder why Alzheimer’s is on the rise, as we all FLINT, MICHIGAN, WATER CRISIS we have not acted. When I tell them we know. It is the sixth leading cause of Mr. PETERS. Mr. President, it is have one Senator—just one Senator— death in America and, again, it is the very hard for me to believe I am once standing in the way, it only adds to most expensive disease in America: $236 again standing on this floor. I have to their belief that this is a dysfunctional billion this year and $1 trillion per year come before my colleagues in the Sen- place; that partisanship and polariza- by the year 2050. Of course, there is a ate to report that despite the fact that tion have prevented this body from huge burden for the caregivers also. we have been building bipartisan sup- doing what is right. There is good news, to be sure. It was port for legislation that will address We can’t forget the people of Flint, announced last week that there’s been the catastrophic situation in Flint, we and I know many of my colleagues on an analysis by UsAgainstAlzheimer’s, still have one Senator standing in the the Senate floor have not. That is why and it showed some 17 drugs for Alz- way of this coming to a vote. we have been able to get broad support heimer’s could be launched in the next It has been now nearly 2 months from both Democrats and Republicans, 5 years. In Mississippi, the University since Senator STABENOW and I intro- who have come together and said to of Mississippi Medical Center in Jack- duced legislation to deal with the cata- both my senior Senator, Ms. STABE- son has developed a service called strophic crisis in the city of Flint, MI. NOW, and me: We understand it is a TeleMIND as part of its MIND Center. Since that time, we have been able to problem in Flint, but we also under- Telehealth technology is being used to build a broad coalition of folks on both stand it is a problem in other commu- attack Alzheimer’s, to treat Alz- sides of the aisle, Republican cospon- nities around the country. Let us de- heimer’s patients, and make life better sors who have joined with us to say it sign legislation to deal with that. for them and their family. is time for this body, it is time for the That is what we have before us. We Let us try the concept of EUREKA Senate, to stand and help those in need have legislation that will provide also. Let us try the concept of offering in the city of Flint, as well as issues all money for those cities that may be in

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.046 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1800 CONGRESSIONAL RECORD — SENATE April 7, 2016 a declared emergency, which is where tainly should be unacceptable to every- But even though the State has to do we are with the city of Flint, but we body in this country. that and must do that, that doesn’t also know there may be other commu- That is why we need to have a long- prevent us, the Federal Government, nities in this country—in fact, we term solution. It has to be a long-term from also standing up and saying: We think there will be a community very solution that will fix the problem per- can help as well because that is what soon—that will also have a declared manently by making sure the infra- we do. It is what the American people water emergency that will be able to structure improvements are there, lead expect us to do. I certainly hope my access those funds. We also know aging pipes are pulled out, but makes sure colleagues will help Senator STABENOW infrastructure is not unique to the city other support services are going to be and I move this legislation forward. If of Flint. It is with cities all across the there for decades. we can’t get around this one Senator country, especially older urban areas My fear for the people of the city of who wants to constantly move the that have lead surface lines, but there Flint is that although they have been goalpost, who wants to change the are certainly many rural areas that the beneficiaries of a great outpouring basis of negotiations even though this have that as well. Those pipes need to of love and support from people around legislation is completely paid for—we the country, they have been able to get be taken out. have used a pay-for that Senator STA- that because the spotlight has been on In this legislation, we create a fund BENOW fought for, authored to help Flint and the TV cameras are in Flint. that will allow money to be loaned to manufacturers in the Midwest. I fought We all know in today’s media world those communities—oftentimes, com- aggressively to keep that fund when I that those cameras will eventually go munities that don’t have a lot of re- was a Member of the House. This is away. There won’t be media attention sources but desperately need infra- something that is important to us, but for Flint. There won’t be the bright structure improvement. It is a loan we know that dealing with a cata- lights of publicity motivating people to fund that will be paid back to the tax- strophic situation in Flint and water do what is needed in the city of Flint. payers but will extend the money nec- infrastructure across this country so When those lights go down and when it essary to make improvements that that we don’t have any more Flints is goes dark, the people of the city of truly will be lifesaving improvements more important. That money will be Flint will still be confronted with this for the citizens in those cities. absolutely catastrophic situation that used to help the people of Flint and We also plus-up a number of public communities across this country. Not health programs from the CDC that is impacting them in their homes. It is impacting businesses—businesses that only does it pay for this, but it actu- deal with lead poisoning in children. ally reduces the deficit at the same The insidious thing about lead poi- have been rocked as a result of this. People don’t want to go to restaurants time. soning is that once it gets into the I think it is important to say that brain of a young child—like this child because they are not sure of the water there. Real estate values have plum- usually when a disaster hits this coun- who is looking at us right now in this try, we don’t look for pay-fors. We step picture I have in the Chamber—it has meted. This is a different kind of a dis- aster than a natural disaster if a hurri- up and provide money for people in lasting effects. It has lifetime effects. need. We have been asked to come up We need not only to embrace that child cane goes through or a tornado goes through. Then we can rebuild, and it with a pay-for, and we did—completely with our love but understand that the paid for while reducing the Federal def- child is going to need health care for can be as good as new. Our concern with Flint is that there icit at the same time. Yet we have one decades. That child is going to need will always be this stigma attached to Senator who wants more. He wants educational support to be able to pur- the city as a result of this, and if that more. sue his or her version of the American stigma is there, it is going to make it I don’t know how that one Senator dream that he or she may have. They even more difficult. can hold up something that has been are going to need to have, in addition The people of Flint are resilient and able to get this kind of bipartisan sup- to education and health care, good nu- courageous and brave and strong. They port and can hold up something that is trition, making sure the food they eat will survive, but we need to be there to so important to this child in this pic- will provide their bodies with the nour- lend that helping hand. That is why it ture. How can you stand in the way? If ishment that can counter some of the is even more frustrating to me, given that one Senator does not like this leg- impacts of lead. the fact that when we have natural dis- islation, that is fine. They can vote But it is not just the children; it is asters across this country, this body— against it. But allow the other 99 Sen- everybody in the city of Flint. Senior the Senate—acts. We send money. We ators in this body an opportunity to citizens have also been impacted. I help those local governments. The have their say. That is the way this in- have gone door to door in Flint and State governments provide help. stitution is supposed to work. worked with volunteers, including the Now, I know some colleagues have I still believe in this institution. I American Red Cross, delivering bottled said that this is not a natural disaster, still believe the Senate can do better water to the people of Flint. I never that this is a manmade disaster. All I than allowing one Member to stand in thought I would have to go with the can say is to ask that child when he or the way of helping this child and other American Red Cross to deliver bottled she grows up: Does it make a difference children just like this one. water to a community because the that it was a manmade disaster or a It is now our task as Members of this water they were getting out of their natural disaster? Ask the senior citizen body to come together and say: Enough pipes was poisoned—not in this coun- in Flint right now. Ask the parent who is enough. We are going to help some- try, not in the United States of Amer- is concerned about that child. Does it body in this country no matter who ica. But that is what people are doing, make any difference? I don’t think any you are, no matter where you live, no and filters as well are being given door American here thinks it makes a dif- matter the circumstances. If you have to door. ference. There isn’t anybody in this been hit by a major disaster, we will The people of Flint are appreciative. country who thinks it makes a dif- stand with you. We will help you. That Please know they are extremely appre- ference. A disaster is a disaster. is who we are as Americans. It goes to ciative of the generosity they have Now, it is true the State government the very core of our values. seen from people across this country messed up horribly in Michigan. In It is now up to my colleagues here in and from FEMA response as well, but fact, the Governor’s own task force the Senate to please join Senator STA- they are also frustrated. People can’t that he appointed to look into it clear- BENOW and me and our long list of both bathe with bottled water. They are ly points the finger at the State of Democratic and Republican cosponsors. cooking and cleaning food—all of the Michigan and the incompetence that Put this legislation on the floor. Let’s basic things we take for granted each was shown by the government of the vote on it, let’s pass it, and let’s help and every day. It is simply impossible State of Michigan. That is a given. the people of Flint and other folks all to live just on bottled water and have They are primarily responsible and across the country. that bottled water delivered to them need to step up, and they have. But Mr. President, I yield the floor. every few days. It is not a workable they need to do a whole lot more than The PRESIDING OFFICER. The Sen- system. It is unacceptable, and it cer- what they have done so far. ator from Mississippi.

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.047 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1801 TRIBUTE TO TRENT HARMON AND LA’PORSHA as he spent his time in high school and AMENDMENT NO. 3499, AS MODIFIED RENAE college performing in musicals. My (Purpose: To require a review of heads-up Mr. WICKER. Mr. President, I don’t wife and I have numerous times been to guidance system displays) know what other Members of the Sen- Amory High School to see Trent Har- At the end of subtitle D of title II, add the ate will be doing at 8 p.m. eastern mon perform in programs such as ‘‘Jo- following: time, but I can tell you I will be in seph and the Amazing Technicolor SEC. 2405. HEADS-UP GUIDANCE SYSTEM TECH- front of my television set watching Dreamcoat,’’ ‘‘Forever Plaid,’’ and NOLOGIES. ‘‘American Idol.’’ We all take pride in other performances. He was a star (a) IN GENERAL.—Not later than 180 days people from our own States, but I want then, and he is going to be a star in the after the date of the enactment of this Act, to boldly predict that the winner of future. Trent’s powerful voice and the Administrator of the Federal Aviation ‘‘American Idol’’ tonight will be a con- versatility seem effortless. He can do it Administration shall initiate a review of heads-up guidance system displays (in this testant from my State of Mississippi. all, from southern soul to R & B. The reason I am so certain of this is section referred to as ‘‘HGS’’). La’Porsha Renae comes from (b) CONTENTS.—The review required by sub- that two talented Mississippians are McComb, MS, down in the south- section (a) shall— the two finalists remaining in the western part of our State. She worked (1) evaluate the impacts of single- and ‘‘American Idol’’ competition tonight. for a call center before auditioning for dual-installed HGS technology on the safety They say this will be the final season ‘‘American Idol.’’ She has shared with and efficiency of aircraft operations within of ‘‘American Idol.’’ Perhaps we are America the details about her story of the national airspace system; only going to have a timeout for a few survival from an abusive relationship (2) review a sufficient quantity of commer- years, and we will see it back. This is cial aviation accidents or incidents in order in which she had to seek refuge in a to evaluate if HGS technology would have the 15th season of ‘‘American Idol.’’ I women’s shelter. Her soulful voice has am so proud to announce to my col- produced a better outcome in that accident been compared to Aretha Franklin, and or incident; and leagues in the Senate and to the Pre- the emotion she pours into every per- (3) update previous HGS studies performed siding Officer that the two finalists are formance is truly show-stopping. She by the Flight Safety Foundation in 1991 and none other than Trent Harmon of credits her former high school algebra 2009. Amory, MS, and La’Porsha Renae of teacher, Angelia Johnson, as one of her (c) REPORT.—Not later than 18 months McComb, MS. biggest mentors who encouraged her to after the date of the enactment of this Act, Now, in Mississippi we proudly call embrace her own signature style. the Administrator shall submit to the appro- priate committees of Congress a report con- ourselves the Birthplace of America’s La’Porsha dedicated last night’s mov- Music, and I think we do that with taining the results of the review required by ing performance of ‘‘Diamonds’’ to her subsection (a). some justification. From blues to coun- young daughter who was in the audi- AMENDMENT NO. 3508 try to rock and roll, our State has pro- ence. duced more Grammy award winners per (Purpose: To continue the contract weather So when it comes to talent, I believe capita than any other State in the Na- observers program through the end of fis- ‘‘American Idol’’ may have saved the tion. Elvis Presley comes from Mis- cal year 2017 and to require the FAA report best for last, and I very much antici- sissippi, as well as Robert Johnson, to identify the process through which the pate a great performance tonight. Mil- FAA analyzed the safety hazards associ- B.B. King, Jimmie Rodgers, Charley lions of Americans will choose one of ated with the elimination of the contract Pride, Faith Hill, and the list goes on these outstanding young Mississippians weather observer program) and on and on. as the latest, but perhaps not the last, On page 40, line 15, strike ‘‘and’’ and all Last month, I was honored to partici- ‘‘American Idol.’’ that follows through line 25, and insert the pate in the opening of the Grammy Mu- following: seum in Cleveland, MS. There are now Trent and La’Porsha have made Mis- sissippi proud. They have made me (3) indicating how airports can comply two Grammy museums in the country. with applicable Federal Aviation Adminis- One is in Los Angeles and the other is proud, and I wish them all the best to- tration orders governing weather observa- in the Mississippi Delta in Cleveland. night and in their future musical ca- tions given the current documented limita- The Mississippi Delta is a testament to reers. I am quite certain that both of tions of automated surface observing sys- the many musical inspirations that them will be incredibly successful. tems; and (4) identifying the process through which have emerged there. I suggest the absence of a quorum. The PRESIDING OFFICER. The the Federal Aviation Administration ana- In 1986, Paul Simon sang: ‘‘The Mis- lyzed the safety hazards associated with the sissippi Delta is shining like a National clerk will call the roll. elimination of the contract weather observer guitar.’’ He sang that line 20 years be- The senior assistant legislative clerk program. fore the first Mississippi Blues Trail proceeded to call the roll. (b) CONTINUED USE OF CONTRACT WEATHER marker was placed, but he was correct. Mr. THUNE. Mr. President, I ask OBSERVERS.—The Administrator may not We now have some 200 Blues Trail unanimous consent that the order for discontinue the contract weather observer markers across our State, and I invite the quorum call be rescinded. program at any airport until October 1, 2017. each and every Member and all the rest The PRESIDING OFFICER. Without AMENDMENT NO. 3505 of you to come and visit those loca- objection, it is so ordered. (Purpose: To direct the Comptroller General of the United States to study the costs of tions in Mississippi. AMENDMENTS NOS. 3499, AS MODIFIED; 3508; AND deploying advanced imaging technologies But tonight, the entire State of Mis- 3505 TO AMENDMENT NO. 3464 sissippi will be shining like a national at all commercial airports at which TSA Mr. THUNE. Mr. President, I ask security screening operations procedures guitar with talents like La’Porsha unanimous consent that the following Renae and Trent Harmon. They are are conducted) amendments be called up and reported At the appropriate place, insert the fol- keeping our legacy alive. They rep- by number: Wyden No. 3499, as modi- resent the wide range of Mississippi’s lowing: fied; Collins No. 3508; and Tester No. SEC. ll. GAO STUDY OF UNIVERSAL DEPLOY- musical influences. It was wonderfully 3505. touching to watch the video of their MENT OF ADVANCED IMAGING The PRESIDING OFFICER. Is there TECHNOLOGIES. hometown visits, where the people objection? (a) STUDY.—The Comptroller General of came out to support them, showing off Without objection, it is so ordered. the United States shall conduct a study of their Mississippi talent and the dedica- the costs that would be incurred— tion of their fans. The clerk will report the amend- (1) to redesign airport security areas to Trent Harmon is from Amory, MS. ments by number. fully deploy advanced imaging technologies He grew up on his family’s farm, work- The senior assistant legislative clerk at all commercial airports at which security ing in his parents’ restaurant, the read as follows: screening operations are conducted by the Transportation Security Administration or Longhorn Fish and Steakhouse. Grow- The Senator from South Dakota [Mr. through the Screening Partnership Program; THUNE], for others, proposes amendments ing up in Amory is truly a small town and numbered 3499, as modified; 3508; and 3505 to beginning. The town has a population (2) to fully deploy advanced imaging tech- amendment No. 3464. of around 7,500 people. Trent’s interest nologies at all airports not described in para- in music was apparent from early on, The amendments are as follows: graph (1).

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.049 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1802 CONGRESSIONAL RECORD — SENATE April 7, 2016 (b) COST ANALYSIS.—As a part of the study While Presidents have Presidential Enclosure. conducted under subsection (a), the Comp- libraries maintained by the National TRANSMITTAL NO. 16–14 troller General shall identify the costs that Archives, we—the Members of Con- Notice of Proposed Issuance of Letter of would be incurred— gress—are responsible for preserving (1) to purchase the equipment and other as- Offer Pursuant to Section 36(b)(1) of the sets necessary to deploy advanced imaging our own personal documents. Only by Arms Export Control Act, as amended technologies at each airport; archiving these records will historians, (i) Prospective Purchaser: Kingdom of (2) to install such equipment and assets in students, and teachers be able to appre- Saudi Arabia. each airport; and ciate the vital role that Congress has (ii) Total Estimated Value: (3) to maintain such equipment and assets. played in our national history. Major Defense Equipment* $0 million. (c) REPORT.—Not later than 6 months after As President Pro Tempore, I am com- Other $ 200 million. the date of the enactment of this Act, the mitted to upholding the reputation and Total $ 200 million. Comptroller General shall submit the results dignity of this institution. Part and (iii) Description and Quantity or Quan- of the study conducted under subsection (a) parcel to that effort is preserving the tities of Articles or Services under Consider- to the appropriate committees of Congress. Senate’s history. To this end, I strong- ation for Purchase: The Kingdom of Saudi VOTE ON AMENDMENTS NOS. 3499, AS MODIFIED; Arabia has requested a possible sale of three ly encourage my colleagues to keep years of support services by the United 3508; 3505; 3495; AND 3458, AS MODIFIED comprehensive records of their work in Mr. THUNE. Mr. President, I ask States Military Training Mission to Saudi Congress. Just as important as writing Arabia (USMTM). USMTM is the Security unanimous consent that the Senate legislation is maintaining a thorough Cooperation Organization (SCO) responsible now vote on these amendments, as well record of the bills we pass, so that fu- for identifying, planning, and executing U.S. as the Heller amendment No. 3495 and ture generations can appreciate the Security Cooperation training and advisory the Casey-Toomey amendment No. historical importance of our accom- support for the Kingdom of Saudi Arabia 3458, as modified, en bloc. plishments. Ministry of Defense. The PRESIDING OFFICER. Is there Serving as a Member of the world’s (iv) Military Department: U.S. Army (ABT, objection? greatest deliberative body is no small Basic Case). Without objection, it is so ordered. honor; it is a tremendous privilege that (v) Prior Related Cases, if any: SR–B–ABS– Mr. THUNE. Mr. President, I know of A01; $90M; implemented 30 Dec 13. none of us should take for granted. The (vi) Sales Commission, Fee, etc., Paid, Of- no further debate on these amend- American people have placed their con- fered, or Agreed to be Paid: None. ments. fidence in our ability to effect mean- (vii) Sensitivity of Technology Contained The PRESIDING OFFICER. Is there ingful change for the good of the coun- in the Defense Article or Defense Services further debate? try. May we honor this sacred trust by Proposed to be Sold: None. If not, the question is on agreeing to keeping detailed archives of the work (viii) Date Report Delivered to Congress: the amendments en bloc. we do here. February 17, 2016. * As defined in Section 47(6) of the Arms The amendments (Nos. 3499, as modi- f fied; 3508; 3505; 3495; and 3458, as modi- Export Control Act. fied) were agreed to en bloc. ARMS SALES NOTIFICATION POLICY JUSTIFICATION Mr. CORKER. Mr. President, section f Kingdom of Saudi Arabia—Support Services 36(b) of the Arms Export Control Act The Government of Saudi Arabia has re- MORNING BUSINESS requires that Congress receive prior no- quested a possible sale of support services by Mr. THUNE. Mr. President, I ask tification of certain proposed arms the United States Military Training Mission unanimous consent that the Senate be sales as defined by that statute. Upon to Saudi Arabia (USMTM). USMTM is the in a period of morning business, with such notification, the Congress has 30 Security Cooperation Organization (SCO) re- calendar days during which the sale sponsible for identifying, planning, and exe- Senators permitted to speak therein cuting U.S. Security Cooperation training for up to 10 minutes each. may be reviewed. The provision stipu- lates that, in the Senate, the notifica- and advisory support for the Kingdom of The PRESIDING OFFICER. Without Saudi Arabia Ministry of Defense. The esti- objection, it is so ordered. tion of proposed sales shall be sent to mated cost is $200 million. the chairman of the Senate Foreign f This proposed sale will enhance the foreign Relations Committee. policy and national security objectives of OBSERVING CONGRESS WEEK In keeping with the committee’s in- the United States by helping to improve the tention to see that relevant informa- Mr. HATCH. Mr. President, I wish to security of an important partner which has tion is available to the full Senate, I been and continues to be an important force call the attention of my colleagues to ask unanimous consent to have printed for political stability and economic progress the 227th anniversary of Congress’ first in the RECORD the notifications which in the Middle East. quorum, which the House of Represent- have been received. If the cover letter This proposed sale will provide the con- atives achieved on April 1, 1789, and references a classified annex, then such tinuation of Technical Assistance Field Teams (TAFT) and other support for which the Senate achieved 5 days later. annex is available to all Senators in In the first week of April, the Associa- USMTM services to the Kingdom of Saudi the office of the Foreign Relations Arabia. The proposed sale supports the tion of Centers for the Study of Con- Committee, room SD–423. gress remembers these milestones by United States’ continued commitment to the There being no objection, the mate- Kingdom of Saudi Arabia’s security and observing Congress Week—an annual rial was ordered to be printed in the strengthens U.S.-Saudi Arabia strategic celebration which includes commemo- RECORD, as follows: partnership. Sustaining the USMTM sup- rative events at member institutions DEFENSE SECURITY ports Saudi Arabia in deterring hostile ac- across the country. COOPERATION AGENCY, tion and increases U.S.–Saudi Arabia mili- The Association of Centers for the Arlington, VA. tary interoperability. Saudi Arabia will have Study of Congress is composed of more Hon. BOB CORKER, no difficulty absorbing this support. than 40 universities that work to pre- Chairman, Committee on Foreign Relations, The proposed sale will not alter the basic serve the historical collections of U.S. Senate, Washington, DC. military balance in the region. It will sup- DEAR MR. CHAIRMAN: Pursuant to the re- port Combatant Command initiatives in the Members of Congress. The organiza- region by enabling Saudi Arabia’s efforts to tion’s goal is to promote public under- porting requirements of Section 36(b)(1) of the Arms Export Control Act, as amended, combat aggression and terrorism. standing of the House and the Senate we are forwarding herewith Transmittal No. There is no prime contractor associated by focusing on the history of Congress 16–14, concerning the Department of the with this proposed sale. There are no known and its role in our constitutional sys- Army’s proposed Letter(s) of Offer and Ac- offset agreements in connection with this po- tem of government. Having served as a ceptance to the Kingdom of Saudi Arabia for tential sale. member of this body for nearly four defense articles and services estimated to Implementation of this proposed sale will decades, I understand well the impor- cost $200 million. After this letter is deliv- approve the permanent or temporary assign- tance of keeping good records, which is ered to your office, we plan to issue a news ment of up to 202 case-funded U.S. Govern- release to notify the public of this proposed ment or contractor personnel to the King- why I am sincerely grateful for the As- sale. dom of Saudi Arabia. sociation of Centers for the Study of Sincerely, There will be no adverse impact on U.S. Congress and its efforts to help us in J. W. RIXEY, Defense readiness as a result of this proposed this endeavor. Vice Admiral, USN, Director. sale.

VerDate Sep 11 2014 04:23 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.053 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1803 TRIBUTE TO HARRIS WOFFORD special assistant to the President for history, we see the steady, guiding Mr. CASEY. Mr. President, today I civil rights and the chairman of the hand of Harris Wofford. I am grateful wish to extend my best wishes to Subcabinet group on civil rights. He for his experienced counsel and support former Pennsylvania Senator Harris helped Shriver in the founding of the on the many issues facing our Nation Wofford as he celebrates his 90th birth- Peace Corps in 1961, and, as was com- today, and I am pleased that he shows day this April 9. Harris is a close friend mon for him, he not only advocated for no signs of slowing down. On behalf of and trusted adviser, and I would like to the idea, but also served as the director the Commonwealth of Pennsylvania take this time to not only wish him of operations in Ethiopia and the orga- and a grateful Nation, I am pleased to the best on this milestone, but to re- nization’s special representative to Af- once again wish Harris Wofford a happy flect upon his remarkable life. His rica. In 1964, he was named associate birthday and many more years of story is interwoven into the fabric of director of the Peace Corps. health and happiness. our Nation; from a young boy cam- He reentered the world of academia f paigning for Franklin D. Roosevelt in 1966 as president of the State Uni- HONORING CARL ALLEN KOONTZ during the Great Depression, to a pilot versity of New York at Old Westbury. defending freedom in World War II; His career brought him to Pennsyl- Mr. DONNELLY. Mr. President, from a trusted adviser to the Reverend vania as president of Bryn Mawr Col- today, on the eve of what would have Dr. Martin Luther King, Jr., and Presi- lege in 1970. Later he practiced law in been his 27th birthday, I rise to recog- dent John F. Kennedy during the civil Philadelphia. After 16 years in Penn- nize and honor the extraordinary serv- rights movement; to a participant in sylvania, he was asked to reenter the ice and ultimate sacrifice of Howard the 1965 march from Selma to Mont- political world in June 1986 as chair- County, IN, deputy Carl Koontz. Dedi- gomery; from a peace activist arrested man of the Pennsylvania Democratic cated, loyal, and, above all, compas- in protest of police brutality during Party. When my father was elected sionate to those in need, Deputy the 1968 Democratic National Conven- Governor of Pennsylvania that year, he Koontz served with the Howard County tion; to a Senator championing uni- asked Harris Wofford to serve as the Sheriff’s Department for nearly 3 versal healthcare in the 1990s. The Secretary of the Department of Labor years. story of Harris Wofford is the story of and Industry for the Commonwealth. A native of Kokomo, IN, and a grad- the steady march of equality and In May 1991, after the tragic death of uate of Western High School and Indi- progress. He answered President Ken- Senator John Heinz in a plane crash, ana University Kokomo, Carl served nedy’s call on a cold inaugural day in my father appointed Harris Wofford to his community with dedication as a 1961 to ‘‘Ask not what your country fill the vacancy until a special election corrections officer prior to attending can do for you; ask what you can do for could be held. After winning a surprise the Indiana Law Enforcement Academy your country.’’ victory in the special election under and achieving his dream of becoming a Harris’s potential for leadership was the banner of universal healthcare, sheriff’s deputy. Those who served evident early in high school amidst the Senator Wofford used his time in the alongside Deputy Koontz describe him chaos of World War II when he founded Senate to foster the development of na- as selfless, dedicated, and determined. the Student Federalists, an organiza- tional service and to push for health A respected friend, leader, and mentor, tion which advocated for a united insurance. He was a key sponsor in the he touched the lives of all who had the world government in order to bring establishment of the Corporation for privilege to know him, including the about lasting peace. By the time he National and Community Service and students and staff of the Northwestern turned 18, the organization had grown worked closely with Representative School Corporation, where he served as to over 1,000 members in 30 chapters JOHN LEWIS to establish Martin Luther a school resource officer. and led Newsweek to predict that the King, Jr., Day as a National Day of On March 20, 2016, while serving a intrepid young man would one day rise Service. search warrant, Deputy Koontz and to be President. He went on to grad- Although Senator Wofford was de- Sergeant Jordan Buckley were shot in uate from the University of Chicago in feated in his reelection attempt in 1994, the line of duty. We mourn the loss of 1948 and then enrolled in Howard Uni- President Bill Clinton appointed him Deputy Koontz, who succumbed to his versity Law School, finishing his edu- as the chief executive officer of the injuries, and we wish Sergeant Buckley cation with a degree from Yale Law Corporation for National and Commu- a quick recovery. Every day, our law School in 1954, just as the civil rights nity Service, CNCS. His lifelong advo- enforcement professionals and first re- movement was truly picking up mo- cacy for national and community serv- mentum. sponders get up, go to work, and put In 1957, Harris joined the U.S. Com- ice made him an ideal choice to lead their lives on the line to keep our com- mission on Civil Rights as a legal as- the CNCS into an influential organiza- munities safe. That is exactly what sistant to Reverend Theodore M. tion, and, under his leadership, the or- Deputy Koontz, Sergeant Buckley, and Hesburgh, the president of Notre Dame ganization’s volunteer branches grew their fellow officers were doing in the University. When Senator John Ken- to over 50,000 members. After leaving early hours of that Sunday morning— nedy ran for President in 1960, he was the CNCS in 2001, he continued his their job. They put their lives on the asked to join the campaign as a civil dedication to public service and civil line so that we have the chance to live rights coordinator. It was during that rights through his work on the boards in safety, and we are eternally grate- close election that Harris made one of of the America’s Promise Alliance, Ma- ful. his most lasting contributions to laria No More, Youth Service America, Deputy Koontz is survived and deeply American history. In October 1960, Dr. the Points of Light Foundation, and as missed by his wife, Kassie; son, Noah; King was arrested in Georgia while bat- a trustee of the Martin Luther King, parents, Allen and Jackie; sister, Alice; tling segregation, and in those tense Jr., Center for Non-Violent Social grandparents, Ann and Allen Koontz hours after his arrest, Harris Wofford Change. and Alice and Carl Durham, as well as suggested to Sargent Shriver that Ken- Throughout his life, Harris Wofford the entire Koontz and Floyd family and nedy call Dr. King’s wife, Coretta Scott has left an indelible mark on our Na- the Howard County Sheriff’s Depart- King, and offer his support. Kennedy tion’s history and the lives of those ment. No words or sentiment can ade- made the call despite the political risk. who have had the privilege to work quately express our sadness and grief. The news of the Democratic candidate with him. When I took the oath of of- As a community, we can only offer our for President—the nominee of a party fice for the U.S. Senate in 2007 to fill prayers, our support, and our continued that still held deep roots in the Jim the seat he once held, I was honored commitment to honor his service. Crow South—calling the wife of Dr. and humbled to have him with me at Deputy Koontz loved his work, and King was powerful and helped sway the ceremony. For over 90 years, he has he gave his life to serve and protect the many African-American voters to Ken- stood for courage, idealism, and a citizens of Howard County. Although nedy, which some feel decided the elec- steadfast defense of equal rights for all he would not have considered himself a tion. Americans. As we look back on the hero, Deputy Koontz demonstrated his After the election, Harris Wofford growth of community service and the character daily by conducting himself joined the Kennedy Administration as march of civil rights in our Nation’s with compassion, honor, courage, and

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.036 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1804 CONGRESSIONAL RECORD — SENATE April 7, 2016 integrity. Let us always remember and the training and education he needed demonstrated professionalism, com- emulate the shining example this brave on the farm. Throughout his career, he mitment to excellence, and dedication man set for us and honor him for his has displayed incredible leadership to the highest standards of UNR police selfless commitment to serving his fel- both in our agriculture community and services. I am honored by his service low citizens. May God welcome Carl in our Armed Forces. and am proud to call him a fellow Ne- home and give comfort to his family He is a living success story of a man vadan. Today I ask all of my colleagues and friends. who has combined his leadership, dedi- to join me in congratulating Police f cation, and discipline for both defend- Chief Garcia on receiving this award, ing our country and providing food se- and I give my deepest appreciation for ADDITIONAL STATEMENTS curity for Montanans and our Nation. all that he has done to ensure safety on It was truly an honor to hear Paul tes- the UNR campus. I offer him my best tify this week, and I am proud to honor TRIBUTE TO ZEESY BRUK wishes as he continues in his role as his terrific testimony and hard work police chief.∑ ∑ Mr. DAINES. Mr. President, I am for Montana.∑ f happy to acknowledge a very special f little girl from Montana who was RECOGNIZING COMMUNITY named Montana’s 2016 Children’s Mir- CONGRATULATING ADAM GARCIA HEALTH ALLIANCE’S CENTER acle Network Hospitals Champion ∑ Mr. HELLER. Mr. President, today I FOR COMPLEX CARE Child. wish to congratulate University of Ne- ∑ Mr. HELLER. Mr. President, today I Five-year-old Zeesy Bruk is a very vada, Reno, UNR, chief of police serv- wish to recognize the Community courageous little girl who battles ices Adam Garcia on being named Po- Health Alliance’s Center for Complex GLUT–1 deficiency, which I have lice Director of the Year by the Na- Care, which offers innovative and com- learned is a rare genetic metabolic dis- tional Association of Campus Safety plex health care services to those in order. Administrators. It gives me great need. The advanced health care this fa- Zeesy is a fellow Bozemanite and pleasure to see him receive this pres- cility provides is invaluable to north- lives there with her parents—Rabbi tigious award after years of hard work ern Nevada, bringing an improved qual- Chaim and Chavie Bruk, who are co- within the university system and local ity of life and well-being to those with directors of Chabad-Lubavitch of Mon- community. chronic health conditions. tana and leaders in Montana’s Jewish Police Chief Garcia assumed the role The Center for Complex Care is the community, and her brother and sister. of director at UNR police services in only facility out of several Community Zeesy has been bravely battling this 2001. Since then, he has worked to ex- Health Alliance centers located disease all her life, but it took some pand both the size and diversity of po- throughout the Truckee Meadows that time—and a lot of determination from lice services and create a safe campus offers a team-based approach to health her family—to find the right diagnosis. environment where students are en- care for patients with chronic care con- Now, thanks to a dedicated team at gaged with the department. Police ditions. A health care team, consisting Chief Garcia spearheaded the develop- Shodair Children’s Hospital in Helena, of a primary care provider, social ment of services for public notification MT, I hear that Zeesy is doing wonder- worker, care coordinator, psychiatric in the event of an active shooter or ful and facing her diagnosis head on. nurse specialist, medical assistant, emergency situation, a service critical During her time as a Champion clinical pharmacist, and support staff, to ensuring the safety of UNR students. Child, Zeesy and her parents will travel address both the primary health care Due to the great success of police serv- across the country—serving as an am- and behavioral health care of each pa- ices, Police Chief Garcia has success- bassador for the Treasure State and tient. This team serves as a singular, fully integrated the department into a bringing awareness to the various med- collaborative unit in order to make a regional partnership, serving an even ical challenges facing many young peo- comprehensive patient assessment. Ef- greater community. His dedication to ple across our country today. keeping students across the UNR cam- fective communication within the fa- Thank you to Zeesy and the Bruk pus safe is invaluable to our great cility connects the physical, social, and family for what you will do as ambas- State. I am grateful to have someone emotional health of patients, creating sadors for this great State and for what like Police Chief Garcia leading this a better understanding of the patient’s you do every day for Montana’s Jewish incredibly important department. needs. Those leading the way at this community. Zeesy, I look forward to The Police Director of the Year center stand as role models to our local following your year as a Champion award is given each year to an indi- community, demonstrating a genuine ∑ Child—safe travels and God bless. vidual who goes above and beyond to concern for improving the health of Ne- f ensure safety on campus, as well as vadans. The Silver State is fortunate to have a facility like this available to TRIBUTE TO PAUL KANNING maintaining a professional and healthy relationship between the department our local community. ∑ Mr. DAINES. Mr. President, today I and the university it serves. Without a In addition to the Center for Complex wish to recognize Paul Kanning of Dan- doubt, Police Chief Garcia’s actions Care, the Community Health Alliance iels County, a fourth-generation Mon- warrant only the greatest recognition, offers a variety of care options, includ- tana farmer. This week, Paul testified including this significant accolade. I ing pediatric care, women’s health before the Senate Committee on Ap- am pleased to see Police Chief Garcia care, dental care, behavioral health propriations about the importance of recognized on a national level, rep- care, a school-based health center, a assisting veterans find employment op- resenting our great State as role model supplemental nutrition program for portunities in agriculture. to other departments. women, infants, and children, and Paul is the current owner and oper- It is the brave men and women who health care for the homeless. I would ator of 103-year-old TomTilda farm, serve in local police departments that like to congratulate this alliance on where he produces small grains, pulses, keep our communities safe. These he- recently reaching an important mile- and oilseed crops through no-till, con- roes selflessly put their lives on the stone, its 20th anniversary. This tinuous cropping practices. He began line every day. I extend my deepest achievement is well deserved, and I am his farm career in 2013 following his re- gratitude to Police Chief Garcia for his grateful to have this significant health tirement as an Air Force lieutenant courageous contributions to students care resource available to residents colonel after 20 years of Active-Duty across the UNR campus and to the peo- across northern Nevada. service. ple of Reno. His sacrifice and courage Those serving at this center have During the hearing, I heard Paul earn him a place among the out- gone above and beyond to provide high- speak about his experiences as a vet- standing men and women who have val- quality care to Nevadans. Today I ask eran starting a career in the agri- iantly put their lives on the line to my colleagues to join me in recog- culture industry and how programs benefit others. nizing the Community Health Alli- like those offered through the U.S. De- Throughout his tenure with UNR po- ance’s Center for Complex Care for all partment of Agriculture helped provide lice services, Police Chief Garcia has it does for the Silver State.∑

VerDate Sep 11 2014 04:23 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.028 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1805 Environmental Protection Agency, transmit- the Committee on Banking, Housing, and f ting, pursuant to law, the report of a rule en- Urban Affairs. CONGRATULATING THE titled ‘‘Hexythiazox; Pesticide Tolerances’’ EC–5002. A communication from the Direc- AUGUSTANA UNIVERSITY MEN’S (FRL No. 9942–32) received in the Office of tor of Legislative Affairs, Federal Deposit Insurance Corporation, transmitting, pursu- BASKETBALL TEAM the President of the Senate on April 5, 2016; to the Committee on Agriculture, Nutrition, ant to law, the report of a rule entitled ‘‘As- ∑ Mr. THUNE. Mr. President, today I and Forestry. sessments’’ (RIN3064–AE40) received in the wish to congratulate the Augustana EC–4992. A communication from the Direc- Office of the President of the Senate on April University men’s basketball team as tor of the Regulatory Management Division, 4, 2016; to the Committee on Banking, Hous- ing, and Urban Affairs. they celebrate winning their first Na- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- EC–5003. A communication from the Chair- tional Collegiate Athletic Association, titled ‘‘Pendimethalin; Tolerance Exemp- man of the Federal Energy Regulatory Com- NCAA, Division II men’s basketball tions; Technical Correction’’ (FRL No. 9943– mission, transmitting, pursuant to law, the championship. 79) received during adjournment of the Sen- Commission’s fiscal year 2015 annual report The Augustana Vikings men’s bas- ate in the Office of the President of the Sen- relative to the Notification and Federal Em- ketball team had an outstanding sea- ate on March 30, 2016; to the Committee on ployee Antidiscrimination and Retaliation son, finishing with a school record 34 Agriculture, Nutrition, and Forestry. Act of 2002 (No FEAR Act); to the Committee EC–4993. A communication from the Under on Homeland Security and Governmental Af- wins and only 2 losses. Their formi- fairs. dable opponents in the championship Secretary of Defense (Acquisition, Tech- nology and Logistics), transmitting, pursu- EC–5004. A communication from the Assist- game, the Lincoln Memorial Railsplit- ant to law, the quarterly exception Selected ant Director for Regulatory Affairs, Office of ters, were on a 24-game winning streak Acquisition Reports (SARs) as of December Foreign Assets Control, Department of the before facing Augustana. The first half 31, 2015 (OSS–2016–0443); to the Committee on Treasury, transmitting, pursuant to law, the of the game was close, with the two Armed Services. report of a rule entitled ‘‘Burundi Sanctions Regulations’’ (31 CFR Part 554) received in teams exchanging the lead. The Vi- EC–4994. A communication from the Under Secretary of Defense (Acquisition, Tech- the Office of the President of the Senate on kings maintained their lead through- April 4, 2016; to the Committee on Banking, out the entirety of the second half, nology and Logistics), transmitting, pursu- ant to law, a report relative to Support for Housing, and Urban Affairs. EC–5005. A communication from the Direc- however, and eventually won 90–81. Non-Federal Development and Testing of tor of Congressional Affairs, Nuclear Regu- The Vikings are coached by Tom Material for Chemical Agent Defense; to the latory Research, Nuclear Regulatory Com- Billeter, who has led the Vikings to Committee on Armed Services. seven NCAA tournament appearances EC–4995. A communication from the Prin- mission, transmitting, pursuant to law, the report of a rule entitled ‘‘Notice of Avail- cipal Deputy Assistant Secretary of Defense during his 13-year career with the ability for Plant-Specific Adoption of TSTF– (Readiness), transmitting, pursuant to law, school. Three senior Vikings players, 545, Revision 3, ‘TS Inservice Testing Pro- the National Guard and Reserve Equipment Alex Richter, Daniel Jansen, and Casey gram and Clarify SR Usage Rule Application Report (NGRER) for fiscal year 2017; to the to Section 5.5 Testing’’’ (NUREG–1430; Schilling, were named to the Elite Committee on Armed Services. Eight All-Tournament team, and all EC–4996. A communication from the Acting NUREG–1431; NUREG–1432; NUREG–1433; and NUREG–1434) received during adjournment of three scored more than 20 points dur- Assistant Secretary of the Army (Acquisi- the Senate in the Office of the President of ing the championship game. Richter tion, Logistics and Technology), transmit- the Senate on April 1, 2016; to the Committee ting, pursuant to law, a report relative to was named the Most Outstanding Play- on Environment and Public Works. er of the Tournament, and Jansen was Army Industrial Facilities Cooperative Ac- EC–5006. A communication from the Direc- recognized as the 2016 National Asso- tivities with Non-Army Entities for Fiscal tor of the Regulatory Management Division, ciation of Basketball Coaches’ Division Year 2015; to the Committee on Armed Serv- Environmental Protection Agency, transmit- ices. ting, pursuant to law, the report of a rule en- II Player of the Year. EC–4997. A communication from the Sec- titled ‘‘Air Plan Approval and Designation of On behalf of the State of South Da- retary of Defense, transmitting a report on kota, I am pleased to congratulate the Areas; MS; Redesignation of the DeSoto the approved retirement of General Philip M. County, 2008 8-Hour Ozone Nonattainment Augustana Vikings men’s basketball Breedlove, United States Air Force, and his Area to Attainment’’ (FRL No. 9944–74–Re- team on this impressive accomplish- advancement to the grade of general on the gion 4) received in the Office of the President ment. I commend the players and retired list; to the Committee on Armed of the Senate on April 5, 2016; to the Com- coaching staff for all of their hard Services. mittee on Environment and Public Works. EC–4998. A communication from the Assist- EC–5007. A communication from the Direc- work and wish them the best of luck in ant Secretary for Export Administration, future seasons.∑ tor of the Regulatory Management Division, Bureau of Industry and Security, Depart- Environmental Protection Agency, transmit- f ment of Commerce, transmitting, pursuant ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Tem- titled ‘‘Air Plan Approval; Minnesota and MESSAGES FROM THE PRESIDENT porary General License’’ (RIN0694–AG82) re- Michigan; Revision to 2013 Taconite Federal Messages from the President of the ceived during adjournment of the Senate in Implementation Plan establishing BART for United States were communicated to the Office of the President of the Senate on Taconite Plants’’ (FRL No. 9944–22–Region 5) April 1, 2016; to the Committee on Banking, the Senate by Mr. Pate, one of his sec- received in the Office of the President of the Housing, and Urban Affairs. Senate on April 5, 2016; to the Committee on retaries. EC–4999. A communication from the Senior Environment and Public Works. f Counsel, Legal Division, Bureau of Consumer EC–5008. A communication from the Direc- Financial Protection, transmitting, pursu- tor of the Regulatory Management Division, EXECUTIVE MESSAGES REFERRED ant to law, the report of a rule entitled ‘‘Op- Environmental Protection Agency, transmit- As in executive session the Presiding erations in Rural Areas Under the Truth in ting, pursuant to law, the report of a rule en- Lending Act (Regulation Z); Interim Final Officer laid before the Senate messages titled ‘‘Air Plan Approval; South Carolina; Rule’’ (RIN3170–AA59) received during ad- Transportation Conformity Update’’ (FRL from the President of the United journment of the Senate in the Office of the No. 9944–55–Region 4) received in the Office of States submitting sundry nominations President of the Senate on March 30, 2016; to the President of the Senate on April 5, 2016; and a withdrawal which were referred the Committee on Banking, Housing, and to the Committee on Environment and Pub- to the appropriate committees. Urban Affairs. lic Works. (The messages received today are EC–5000. A communication from the Presi- EC–5009. A communication from the Direc- printed at the end of the Senate pro- dent of the United States, transmitting, pur- tor of the Regulatory Management Division, suant to law, a notice of the continuation of ceedings.) Environmental Protection Agency, transmit- the national emergency with respect to ting, pursuant to law, the report of a rule en- f South Sudan that was declared in Executive titled ‘‘Approval and Promulgation of Air Order 13664 of April 3, 2014; to the Committee Quality Implementation Plans; Pennsyl- EXECUTIVE AND OTHER on Banking, Housing, and Urban Affairs. vania; Attainment Plan and Base Year In- COMMUNICATIONS EC–5001. A communication from the Senior ventory for the North Reading Area for the The following communications were Counsel for Regulatory Affairs, Bureau of 2008 Lead National Ambient Air Quality laid before the Senate, together with Engraving and Printing, Department of the Standards’’ (FRL No. 9944–73–Region 3) re- Treasury, transmitting, pursuant to law, the accompanying papers, reports, and doc- ceived in the Office of the President of the report of a rule entitled ‘‘Conduct on Bureau Senate on April 5, 2016; to the Committee on uments, and were referred as indicated: of Engraving and Printing Property’’ (31 Environment and Public Works. EC–4991. A communication from the Direc- CFR Part 605) received in the Office of the EC–5010. A communication from the Direc- tor of the Regulatory Management Division, President of the Senate on April 5, 2016; to tor of the Regulatory Management Division,

VerDate Sep 11 2014 03:42 Jul 22, 2016 Jkt 049060 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\RECORD16\APR2016\S07AP6.REC S07AP6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1806 CONGRESSIONAL RECORD — SENATE April 7, 2016 Environmental Protection Agency, transmit- EC–5018. A communication from the Chief ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, law, a report relative to section 36(c) of the titled ‘‘Approval and Promulgation of Imple- Internal Revenue Service, Department of the Arms Export Control Act (DDTC 15–107); to mentation Plans; Texas; Control of Air Pol- Treasury, transmitting, pursuant to law, the the Committee on Foreign Relations. lution from Nitrogen Compounds State Im- report of a rule entitled ‘‘Empowerment EC–5029. A communication from the Assist- plementation Plan’’ (FRL No. 9944–71–Region Zone Designation Extension’’ (Notice 2016–28) ant Secretary, Legislative Affairs, Depart- 6) received in the Office of the President of received during adjournment of the Senate ment of State, transmitting, pursuant to the Senate on April 5, 2016; to the Committee in the Office of the President of the Senate law, a report relative to section 36(c) of the on Environment and Public Works. on March 30, 2016; to the Committee on Fi- Arms Export Control Act (DDTC 15–103); to EC–5011. A communication from the Direc- nance. the Committee on Foreign Relations. tor of the Regulatory Management Division, EC–5019. A communication from the Chief EC–5030. A communication from the Assist- Environmental Protection Agency, transmit- of the Publications and Regulations Branch, ant Secretary, Legislative Affairs, Depart- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the ment of State, transmitting, pursuant to titled ‘‘OMB Approvals Under the Paperwork Treasury, transmitting, pursuant to law, the law, a report relative to section 36(c) of the Reduction Act; Technical Amendment’’ report of a rule entitled ‘‘Disclosures of Re- Arms Export Control Act (DDTC 15–061); to (FRL No. 9943–62) received in the Office of turn Information Reflected on Returns to Of- the Committee on Foreign Relations. the President of the Senate on April 5, 2016; ficers and Employees of the Department of EC–5031. A communication from the Assist- to the Committee on Environment and Pub- Commerce for Certain Statistical Purposes ant Secretary, Legislative Affairs, Depart- lic Works. and Related Activities’’ ((RIN1545–BL59) (TD ment of State, transmitting, pursuant to EC–5012. A communication from the Direc- 9754)) received during adjournment of the law, a report relative to section 36(c) of the tor of the Regulatory Management Division, Senate in the Office of the President of the Arms Export Control Act (DDTC 15–148); to Environmental Protection Agency, transmit- Senate on March 30, 2016; to the Committee the Committee on Foreign Relations. EC–5032. A communication from the Assist- ting, pursuant to law, the report of a rule en- on Finance. titled ‘‘Partial Approval and Partial Dis- EC–5020. A communication from the Chief ant Secretary, Legislative Affairs, Depart- approval of Air Quality State Implementa- of the Publications and Regulations Branch, ment of State, transmitting, pursuant to tion Plans; California; South Coast; Mod- Internal Revenue Service, Department of the law, a report relative to overseas surplus property; to the Committee on Foreign Rela- erate Area Plan for the 2006 PM2.5 NAAQS’’ Treasury, transmitting, pursuant to law, the tions. (FRL No. 9944–16–Region 9) received in the report of a rule entitled ‘‘2016 Calendar Year EC–5033. A communication from the Assist- Office of the President of the Senate on April Resident Population Figures’’ (Notice 2016– ant Secretary, Legislative Affairs, Depart- 5, 2016; to the Committee on Environment 24) received during adjournment of the Sen- ment of State, transmitting, pursuant to and Public Works. ate in the Office of the President of the Sen- law, a report relative to section 36(d) of the EC–5013. A communication from the Direc- ate on March 30, 2016; to the Committee on Arms Export Control Act (DDTC 15–088); to tor of the Regulatory Management Division, Finance. the Committee on Foreign Relations. Environmental Protection Agency, transmit- EC–5021. A communication from the Chief EC–5034. A communication from the Execu- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, tive Analyst (Political), Office of the Sec- titled ‘‘Promulgation of Air Quality Imple- Internal Revenue Service, Department of the retary, Department of Health and Human mentation Plans; Arizona; Regional Haze Treasury, transmitting, pursuant to law, the Services, transmitting, pursuant to law, a Federal Implementation Plan; Reconsider- report of a rule entitled ‘‘Applicable Federal report relative to a vacancy in the position ation’’ (FRL No. 9944–68–Region 9) received Rates—April 2016’’ (Rev. Rul. 2016–09) re- of Commissioner of Food and Drugs, Food in the Office of the President of the Senate ceived during adjournment of the Senate in and Drug Administration, Department of on April 5, 2016; to the Committee on Envi- the Office of the President of the Senate on Health and Human Services, received during ronment and Public Works. March 30, 2016; to the Committee on Finance. adjournment of the Senate in the Office of EC–5014. A communication from the Direc- EC–5022. A communication from the Chief the President of the Senate on April 1, 2016; tor of the Regulatory Management Division, of the Publications and Regulations Branch, to the Committee on Health, Education, Environmental Protection Agency, transmit- Internal Revenue Service, Department of the Labor, and Pensions. ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the EC–5035. A communication from the Assist- titled ‘‘Partial Approval and Partial Dis- report of a rule entitled ‘‘Limitations on the ant Secretary for Occupational Safety and approval of Air Quality State Implementa- Importation of Net Built-In Losses’’ (TD Health, Department of Labor, transmitting, tion Plans; California; Infrastructure Re- 9759) received during adjournment of the pursuant to law, the report of a rule entitled quirements for Ozone, Fine Particulate Mat- Senate in the Office of the President of the ‘‘Updating OSHA Standards Based on Na- ter (PM2.5), Lead (Pb), Nitrogen Dioxide Senate on March 30, 2016; to the Committee tional Consensus Standards; Eye and Face (NO2), and Sulfur Dioxide (SO2)’’ (FRL No. on Finance. Protection’’ (RIN1218–AC87) received during 9939–89–Region 9) received during adjourn- EC–5023. A communication from the Chief adjournment of the Senate in the Office of ment of the Senate in the Office of the Presi- of the Publications and Regulations Branch, the President of the Senate on March 29, dent of the Senate on March 30, 2016; to the Internal Revenue Service, Department of the 2016; to the Committee on Health, Education, Committee on Environment and Public Treasury, transmitting, pursuant to law, the Labor, and Pensions. Works. report of a rule entitled ‘‘Indirect Stock EC–5036. A communication from the Assist- EC–5015. A communication from the Direc- Transfers and the Coordination Rule Excep- ant Secretary for Occupational Safety and tor of the Regulatory Management Division, tions; Transfers of Stock or Securities in Health, Department of Labor, transmitting, Environmental Protection Agency, transmit- Outbound’’ ((RIN1545–BJ74) (TD 9760)) re- pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- ceived during adjournment of the Senate in ‘‘Occupational Exposure to Respirable Crys- titled ‘‘National Priorities List’’ (FRL No. the Office of the President of the Senate on talline Silica’’ (RIN1218–AB70) received dur- 9944–36–OLEM) received during adjournment March 30, 2016; to the Committee on Finance. ing adjournment of the Senate in the Office of the Senate in the Office of the President EC–5024. A communication from the Assist- of the President of the Senate on March 30, of the Senate on March 30, 2016; to the Com- ant Secretary, Legislative Affairs, Depart- 2016; to the Committee on Health, Education, mittee on Environment and Public Works. ment of State, transmitting, pursuant to Labor, and Pensions. EC–5016. A communication from the Direc- law, a report relative to section 36(c) of the EC–5037. A communication from the Acting tor of the Regulatory Management Division, Arms Export Control Act (DDTC 15–113); to Director, Office of Personnel Management, Environmental Protection Agency, transmit- the Committee on Foreign Relations. transmitting, pursuant to law, the Office of ting, pursuant to law, the report of a rule en- EC–5025. A communication from the Assist- Personnel Management’s Fiscal Year 2015 an- titled ‘‘Clean Air Plans; 1-Hour and 1997 8- ant Secretary, Legislative Affairs, Depart- nual report relative to the Notification and Hour Ozone Nonattainment Area Require- ment of State, transmitting, pursuant to Federal Employee Antidiscrimination and ments; San Joaquin Valley, California’’ law, a report relative to section 36(c) of the Retaliation Act of 2002 (No FEAR Act); to (FRL No. 9943–78–Region 9) received during Arms Export Control Act (DDTC 15–136); to the Committee on Homeland Security and adjournment of the Senate in the Office of the Committee on Foreign Relations. Governmental Affairs. the President of the Senate on March 30, EC–5026. A communication from the Assist- EC–5038. A communication from the Chief 2016; to the Committee on Environment and ant Secretary, Legislative Affairs, Depart- Human Resources Officer, United States Public Works. ment of State, transmitting, pursuant to Postal Service, transmitting, pursuant to EC–5017. A communication from the Direc- law, a report relative to section 36(d) of the law, the Postal Service’s fiscal year 2015 an- tor of the Regulatory Management Division, Arms Export Control Act (DDTC 15–099); to nual report relative to the Notification and Environmental Protection Agency, transmit- the Committee on Foreign Relations. Federal Employee Antidiscrimination and ting, pursuant to law, the report of a rule en- EC–5027. A communication from the Assist- Retaliation Act of 2002 (No FEAR Act); to titled ‘‘Approval of Air Plan Revisions; Ari- ant Secretary, Legislative Affairs, Depart- the Committee on Homeland Security and zona; Rescissions and Corrections’’ (FRL No. ment of State, transmitting, pursuant to Governmental Affairs. 9944–56–Region 9) received during adjourn- law, a report relative to section 36(d) of the EC–5039. A communication from the Presi- ment of the Senate in the Office of the Presi- Arms Export Control Act (DDTC 15–133); to dent and Chief Executive Officer, Overseas dent of the Senate on March 30, 2016; to the the Committee on Foreign Relations. Private Investment Corporation, transmit- Committee on Environment and Public EC–5028. A communication from the Assist- ting, pursuant to law, the Corporation’s fis- Works. ant Secretary, Legislative Affairs, Depart- cal year 2015 annual report relative to the

VerDate Sep 11 2014 03:42 Jul 22, 2016 Jkt 049060 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\RECORD16\APR2016\S07AP6.REC S07AP6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1807 Notification and Federal Employee Anti- Antidiscrimination and Retaliation Act of Aviation Administration, Department of discrimination and Retaliation Act of 2002 2002 (No FEAR Act); to the Committee on Transportation, transmitting, pursuant to (No FEAR Act); to the Committee on Home- Homeland Security and Governmental Af- law, the report of a rule entitled ‘‘Airworthi- land Security and Governmental Affairs. fairs. ness Directives; Airbus Defense and Space EC–5040. A communication from the Presi- EC–5050. A communication from the Chair- S.A. (Formerly Known as Construcciones dent, Inter-American Foundation, transmit- man, National Credit Union Administration, Aeronauticas, S.A.) Airplanes’’ ((RIN2120– ting, pursuant to law, the Foundation’s fis- transmitting, pursuant to law, the National AA64) (Docket No. FAA–2015–3636)) received cal year 2015 annual report relative to the Credit Union Administration’s fiscal year during adjournment of the Senate in the Of- Notification and Federal Employee Anti- 2015 annual report relative to the Notifica- fice of the President of the Senate on April discrimination and Retaliation Act of 2002 tion and Federal Employee Antidiscrimina- 1, 2016; to the Committee on Commerce, (No FEAR Act); to the Committee on Home- tion and Retaliation Act of 2002 (No FEAR Science, and Transportation. land Security and Governmental Affairs. Act); to the Committee on Homeland Secu- EC–5059. A communication from the Man- EC–5041. A communication from the Chair- rity and Governmental Affairs. agement and Program Analyst, Federal person, Council of the Inspectors General on EC–5051. A communication from the Equal Aviation Administration, Department of Integrity and Efficiency, transmitting, pur- Employment Opportunity and Inclusion Di- Transportation, transmitting, pursuant to suant to law, the Commission’s fiscal year rector, Farm Credit System Insurance Cor- law, the report of a rule entitled ‘‘Airworthi- 2015 annual report relative to the Notifica- poration, transmitting, pursuant to law, the ness Directives; Quest Aircraft Design, LLC tion and Federal Employee Antidiscrimina- Farm Credit System Insurance Corporation’s Airplanes’’ ((RIN2120–AA64) (Docket No. tion and Retaliation Act of 2002 (No FEAR fiscal year 2015 annual report relative to the FAA–2015–5318)) received during adjournment Act); to the Committee on Homeland Secu- Notification and Federal Employee Anti- of the Senate in the Office of the President rity and Governmental Affairs. discrimination and Retaliation Act of 2002 of the Senate on April 1, 2016; to the Com- EC–5042. A communication from the Chair- (No FEAR Act); to the Committee on Home- mittee on Commerce, Science, and Transpor- man of the National Endowment for the land Security and Governmental Affairs. tation. Arts, transmitting, pursuant to law, the EC–5052. A communication from the Equal EC–5060. A communication from the Man- Commission’s fiscal year 2015 annual report Employment Opportunity Director, Farm agement and Program Analyst, Federal relative to the Notification and Federal Em- Credit Administration, transmitting, pursu- Aviation Administration, Department of ployee Antidiscrimination and Retaliation ant to law, the Farm Credit Administra- Transportation, transmitting, pursuant to Act of 2002 (No FEAR Act); to the Committee tion’s fiscal year 2015 annual report relative law, the report of a rule entitled ‘‘Airworthi- on Homeland Security and Governmental Af- to the Notification and Federal Employee ness Directives; Pratt and Whitney Canada fairs. Antidiscrimination and Retaliation Act of Corp. Turboprop Engines’’ ((RIN2120–AA64) EC–5043. A communication from the Direc- 2002 (No FEAR Act); to the Committee on (Docket No. FAA–2015–3732)) received during tor, U.S. Trade and Development Agency, Homeland Security and Governmental Af- adjournment of the Senate in the Office of transmitting, pursuant to law, the Agency’s fairs. the President of the Senate on April 1, 2016; fiscal year 2015 annual report relative to the EC–5053. A communication from the Direc- to the Committee on Commerce, Science, Notification and Federal Employee Anti- tor, Court Services and Offender Supervision and Transportation. discrimination and Retaliation Act of 2002 Agency for the District of Columbia, trans- EC–5061. A communication from the Direc- (No FEAR Act); to the Committee on Home- mitting, pursuant to law, the Agency’s fiscal tor, Office of Sustainable Fisheries, Depart- land Security and Governmental Affairs. year 2015 annual report relative to the Noti- ment of Commerce, transmitting, pursuant EC–5044. A communication from the Chair- fication and Federal Employee Antidiscrimi- to law, the report of a rule entitled ‘‘Fish- man, National Indian Gaming Commission, nation and Retaliation Act of 2002 (No FEAR eries of the Exclusive Economic Zone Off transmitting, pursuant to law, the Commis- Act); to the Committee on Homeland Secu- Alaska; Inseason Adjustment to the 2016 Gulf sion’s fiscal year 2015 annual report relative rity and Governmental Affairs. of Alaska Pollock and Pacific Cod Total Al- to the Notification and Federal Employee EC–5054. A communication from the Man- lowable Catch Amounts’’ (RIN0648–XE383) re- Antidiscrimination and Retaliation Act of agement and Program Analyst, Federal ceived during adjournment of the Senate in 2002 (No FEAR Act); to the Committee on Aviation Administration, Department of the Office of the President of the Senate on Homeland Security and Governmental Af- Transportation, transmitting, pursuant to April 1, 2016; to the Committee on Com- fairs. law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. EC–5045. A communication from the Chair- ness Directives; The Boeing Company Air- EC–5062. A communication from the Acting man of the Federal Labor Relations Author- planes’’ ((RIN2120–AA64) (Docket No. FAA– Director, Office of Sustainable Fisheries, De- ity, transmitting, pursuant to law, the 2015–2966)) received during adjournment of partment of Commerce, transmitting, pursu- Authority’s fiscal year 2015 annual report the Senate in the Office of the President of ant to law, the report of a rule entitled relative to the Notification and Federal Em- the Senate on April 1, 2016; to the Committee ‘‘Fisheries of the Exclusive Economic Zone ployee Antidiscrimination and Retaliation on Commerce, Science, and Transportation. Off Alaska; Reallocation of Pacific Cod in Act of 2002 (No FEAR Act); to the Committee EC–5055. A communication from the Man- the Central Regulatory Area of the Gulf of on Homeland Security and Governmental Af- agement and Program Analyst, Federal Alaska’’ (RIN0648–XE523) received during ad- fairs. Aviation Administration, Department of journment of the Senate in the Office of the EC–5046. A communication from the Diver- Transportation, transmitting, pursuant to President of the Senate on April 1, 2016; to sity and Inclusion Programs Director, Board law, the report of a rule entitled ‘‘Airworthi- the Committee on Commerce, Science, and of Governors of the Federal Reserve System, ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation. transmitting, pursuant to law, the Board’s AA64) (Docket No. FAA–2015–2963)) received EC–5063. A communication from the Assist- fiscal year 2015 annual report relative to the during adjournment of the Senate in the Of- ant Administrator for Fisheries, National Notification and Federal Employee Anti- fice of the President of the Senate on April Marine Fisheries Service, Department of discrimination and Retaliation Act of 2002 1, 2016; to the Committee on Commerce, Commerce, transmitting, pursuant to law, (No FEAR Act); to the Committee on Home- Science, and Transportation. the report of a rule entitled ‘‘Fisheries of the land Security and Governmental Affairs. EC–5056. A communication from the Man- Caribbean, Gulf, and South Atlantic; Shrimp EC–5047. A communication from the Chair- agement and Program Analyst, Federal Fishery of the Gulf of Mexico; Amendment man of the Nuclear Regulatory Commission, Aviation Administration, Department of 15’’ (RIN0648–BE93) received during adjourn- transmitting, pursuant to law, the Commis- Transportation, transmitting, pursuant to ment of the Senate in the Office of the Presi- sion’s fiscal year 2015 annual report relative law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on March 4, 2016; to the to the Notification and Federal Employee ness Directives; Airbus Airplanes’’ ((RIN2120– Committee on Commerce, Science, and Antidiscrimination and Retaliation Act of AA64) (Docket No. FAA–2015–5815)) received Transportation. 2002 (No FEAR Act); to the Committee on during adjournment of the Senate in the Of- EC–5064. A communication from the Chair- Homeland Security and Governmental Af- fice of the President of the Senate on April man, Federal Maritime Commission, trans- fairs. 1, 2016; to the Committee on Commerce, mitting, pursuant to law, the 54th Annual EC–5048. A communication from the Direc- Science, and Transportation. Report of the activities of the Federal Mari- tor, Court Services and Offender Supervision EC–5057. A communication from the Man- time Commission for fiscal year 2015; to the Agency for the District of Columbia, trans- agement and Program Analyst, Federal Committee on Commerce, Science, and mitting, pursuant to law, the Agency’s fiscal Aviation Administration, Department of Transportation. year 2015 annual report relative to the Noti- Transportation, transmitting, pursuant to EC–5065. A communication from the Dep- fication and Federal Employee Antidiscrimi- law, the report of a rule entitled ‘‘Airworthi- uty Chief, Consumer and Governmental Af- nation and Retaliation Act of 2002 (No FEAR ness Directives; Airbus Airplanes’’ ((RIN2120– fairs Bureau, Federal Communications Com- Act); to the Committee on Homeland Secu- AA64) (Docket No. FAA–2015–4816)) received mission, transmitting, pursuant to law, the rity and Governmental Affairs. during adjournment of the Senate in the Of- report of a rule entitled ‘‘Closed Captioning EC–5049. A communication from the Staff fice of the President of the Senate on April of Video Programming; Telecommunications Director, Federal Election Commission, 1, 2016; to the Committee on Commerce, for the Deaf and Hard of Hearing, Inc., Peti- transmitting, pursuant to law, the Commis- Science, and Transportation. tion for Rulemaking’’ ((FCC 16–17) (CG Dock- sion’s fiscal year 2015 annual report relative EC–5058. A communication from the Man- et No. 05–231)) received in the Office of the to the Notification and Federal Employee agement and Program Analyst, Federal President of the Senate on April 4, 2016; to

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.016 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1808 CONGRESSIONAL RECORD — SENATE April 7, 2016 the Committee on Commerce, Science, and of nationally significant oil and gas facilities tion, hurricane protection, the mitigation of Transportation. located in such area; (3) provides critical en- damage to wildlife and natural resources, f vironmental, ecological, ecosystem, and fish, and the mitigation of effects from Outer waterfowl, and wildlife habitat functions; (4) Continental Shelf activities through onshore PETITIONS AND MEMORIALS provides protection from storms for more infrastructure projects, and associated ad- The following petitions and memo- than 400 million tons of water-borne com- ministrative costs; and rials were laid before the Senate and merce; and (5) offers recreational and eco- Whereas, in 2006, the people of Louisiana tourism opportunities and industries that voted overwhelmingly to constitutionally were referred or ordered to lie on the are known and appreciated throughout the dedicate the revenues received through table as indicated: world; and GOMESA to the Coastal Protection and Res- POM–141. A concurrent resolution adopted Whereas, the Louisiana coastal area ac- toration Fund for the purposes of coastal by the Legislature of the State of Louisiana counts for 80% of the nation’s coastal land wetlands conservation, coastal restoration, memorializing the United States Congress to loss, with its valuable wetlands disappearing hurricane protection, or infrastructure di- extend Louisiana’s seaward boundary in the at a dramatically high rate of between 25–35 rectly impacted by coastal wetland losses; Gulf of Mexico to three marine leagues; to square miles per year; and and the Committee on Energy and Natural Re- Whereas, hurricanes Katrina and Rita Whereas, revenues received by Louisiana sources. turned approximately 100 square miles of and its eligible coastal parishes from 2009 to SENATE CONCURRENT RESOLUTION NO. 4 southeast Louisiana coastal wetlands into 2015 under phase one of GOMESA provided Whereas, in United States of America v. open water, and destroyed more wetlands only $11.5 million to the state, but phase two States of Louisiana, Texas, Mississippi, Ala- east of the Mississippi River in one month is estimated to generate more than ten times bama, and Florida, 363 U.S. 1 (1960), the sea- than experts estimated to be lost in over 45 as much revenue each year for coastal ward boundary of the state of Louisiana in years; and projects; and Whereas, the economic, environmental, the Gulf of Mexico was judicially determined Whereas, GOMESA revenues have long and ecological damage of the Deepwater Ho- by the United States Supreme Court to be been seen as a crucial, reliable and recurring rizon BP Oil Spill is already calculated in three geographical miles, despite evidence revenue stream to support Louisiana’s coast- terms of billions of dollars, and potential showing that Louisiana’s seaward boundary al protection and restoration work; and longer-lasting impacts are still being deter- historically consisted instead of three ma- Whereas, since 2007, Louisiana has created mined; and rine leagues, a distance equal to nine geo- a framework for its coastal protection and Whereas, adopted in 2006, the federal Gulf graphic miles or 10.357 statute miles; and restoration program and set the national of Mexico Energy Security Act (GOMESA) Whereas, the seaward boundaries in the standard for utilizing world-class science and would provide ongoing revenues to Louisiana Gulf of Mexico for the states of Texas and engineering and public outreach to meet the from federal oil revenue derived from gulf Florida were determined to be three marine challenges of a vanishing coast through its leasing and drilling, with the first payment leagues; and Comprehensive Master Plan for a Sustain- Whereas, the unequal seaward boundary in 2017 estimated to be approximately $176 able Coast (Coastal Master Plan); and imposed upon Louisiana has resulted in (1) million, and with such monies dedicated to Whereas, the 2012 Coastal Master Plan fur- economic disparity and hardship for Lou- coastal restoration, hurricane protection and ther evolved Louisiana’s approach to coastal isiana citizens and entities; (2) economic loss coastal infrastructure; and protection and restoration with the Whereas, despite strenuous objection, ef- to the state of Louisiana and its political prioritization of projects in a resource-con- forts are now underway to repeal or amend subdivisions; and (3) the inability of the strained funding and physical environment; GOMESA that would result in depriving Lou- state of Louisiana and its political subdivi- and isiana and other gulf coast states of such sions to fully exercise their powers and du- Whereas, Louisiana’s land loss crisis de- monies; and ties under the federal and state constitutions mands a robust and integrated coastal pro- Whereas, the extension of Louisiana’s sea- and state laws and ordinances, including but tection and restoration program that oper- ward boundary into the Gulf of Mexico for not limited to protection and restoration of ates effectively and urgently for the safety, three marine leagues will provide a much- coastal lands, waters, and natural resources, livelihood, culture, and enjoyment of its peo- needed stream of revenue for use in the and regulation of activities affecting them; ple; and state’s ongoing efforts to clean up, rebuild, and Whereas, the entire United States derives protect and restore the Louisiana coastal Whereas, in recognition of all of the above fantastic benefit from the natural assets of area from losses suffered due to both natural the Legislature of Louisiana in the 2011 Reg- coastal Louisiana including its energy re- and manmade disasters, and will benefit both ular Session enacted Act No. 336, which sources, the commerce and connections pro- the state and the entire nation: Now, there- amended Louisiana statutes to provide that vided by its ports and waterways, its seafood fore, be it the seaward boundary of the state of Lou- production, and many other invaluable eco- Resolved, That the Legislature of Louisiana isiana extends a distance into the Gulf of system services; and memorializes the Congress of the United Mexico of three marine leagues from the Whereas, Louisiana’s coastline has already States to extend Louisiana’s seaward bound- coastline, and further defines ‘‘three marine lost twenty-five percent of its 1932 land area ary in the Gulf of Mexico to three marine leagues’’ as equal to nine geographic miles or and without the implementation of large leagues; and be it further 10.357 statute miles; and scale restoration projects it could lose an ad- Resolved, That a copy of this Resolution Whereas, Act No. 336 further provides that ditional 1,750 square miles of land at the end shall be transmitted to the President of the the jurisdiction of the state of Louisiana or of fifty years; and United States, to the secretary of the United any political subdivision thereof shall not Whereas, Louisiana has a science-based States Senate and the clerk of the United extend to the boundaries recognized in such plan to meet these challenges that include States House of Representatives, and to each Act until the United States Congress ac- massive public investments in the restora- member of the Louisiana delegation to the knowledges the boundary described therein tion of America’s largest river delta, struc- United States Congress. by an Act of Congress or any litigation re- tural protection where necessary, and an ex- sulting from the passage of Act No. 336 with tensive program to floodproof, elevate, and POM–142. A concurrent resolution adopted respect to the legal boundary of the state is voluntarily acquire homes and businesses at by the Legislature of the State of Louisiana resolved and a final nonappealable judgment greatest risk of flooding; and memorializing the United States Congress to is rendered; and Whereas, Louisiana aims to pioneer the en- maintain the Outer Continental Shelf rev- Whereas, through the federal Submerged gineered replication of natural processes enue sharing arrangements established under Lands Act of 1953, Congress has the power to such as the construction of sediment diver- the Gulf of Mexico Energy Security Act of fix the unequal disparity of the lesser sea- sions off of the Mississippi River, and de- 2006 for the creation of a recurring funding ward boundary forced upon Louisiana by rec- velop other expertise that can be exported stream in support of Louisiana’s coastal pro- ognizing and approving that Louisiana’s sea- around the globe to other cities, states, and gram; to the Committee on Energy and Nat- ward boundary extends three marine leagues countries adapting to climate change; and ural Resources. into the Gulf of Mexico; and Whereas, by maintaining GOMESA, Con- Whereas, as shown by the national impact SENATE CONCURRENT RESOLUTION NO. 7 gress can follow through on a promise nearly of natural and manmade disasters such as Whereas, the Gulf of Mexico Energy Secu- ten years old, support Louisiana’s efforts to hurricanes Katrina and Rita in 2005 and the rity Act of 2006 (GOMESA) provides for the provide for a sustainable coast, help to pro- Deepwater Horizon BP Oil Spill in 2010, the sharing of qualified Outer Continental Shelf tect and maintain nationally significant eco- seaward boundary of Louisiana is vital to (OCS) revenues to Gulf Coast states and nomic and natural resources, and help reduce the economy and well-being of the entire their political subdivisions that host energy federal liabilities like insured properties in United States, since among other benefits production in order to help mitigate the de- the National Flood Insurance Program and the Louisiana coastal area: (1) serves as both mands associated with that production on future hurricane disaster payouts: Now, host and corridor for significant energy and infrastructure and natural resources; and therefore, be it commercial development and transportation; Whereas, GOMESA stipulates that funds Resolved, That the Legislature of Louisiana (2) serves as a storm and marine forces buffer can only be used for the purposes of coastal memorializes the Congress of the United protecting ports and the vast infrastructure protection including conservation, restora- States to maintain the Outer Continental

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.018 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1809 Shelf revenue sharing arrangements estab- vising flight paths and procedures, and for SUBMISSION OF CONCURRENT AND lished under the Gulf of Mexico Energy Secu- other purposes; to the Committee on Com- SENATE RESOLUTIONS rity Act of 2006 for the creation of a recur- merce , Science, and Transportation. ring funding stream in support of Louisi- By Mr. COATS (for himself and Mr. The following concurrent resolutions ana’s coastal program; and be it further BARRASSO): and Senate resolutions were read, and Resolved, That a copy of this Resolution S. 2762. A bill to amend the Internal Rev- referred (or acted upon), as indicated: shall be transmitted to the secretary of the enue Code of 1986 to provide for full recap- By Mr. SCHATZ (for himself, Mr. ISAK- United States Senate and the clerk of the ture of the refundable credit for coverage SON, Ms. HIRONO, and Mr. PERDUE): United States House of Representatives and under a qualified health plan in the case of S. Res. 416. A resolution recognizing the to each member of the Louisiana delegation individuals who are not lawfully present in contributions of Hawaii to the culinary her- to the United States Congress. the United States or who are incarcerated; itage of the United States and designating to the Committee on Finance. the week beginning on June 12, 2016, as ‘‘Na- POM–143. A petition by a citizen from the By Mr. CORNYN (for himself, Mr. tional Hawaiian Food Week’’ ; to the Com- State of Texas urging the United States Con- CRUZ, Mr. SCHUMER, and Mr. mittee on the Judiciary. gress to propose, for ratification by special BLUMENTHAL): f conventions held within the individual S. 2763. A bill to provide the victims of Hol- states, an amendment to the United States ocaust-era persecution and their heirs a fair ADDITIONAL COSPONSORS Constitution which would clarify that any opportunity to recover works of art con- S. 185 agreement arrived at between the President fiscated or misappropriated by the Nazis; to At the request of Mr. BENNET, the of the United States and any foreign govern- the Committee on the Judiciary. name of the Senator from Connecticut ment or governments constitutes a ‘‘treaty’’ By Mr. MARKEY: thereby necessitating a two-thirds affirma- S. 2764. A bill to require the disclosure of (Mr. BLUMENTHAL) was added as a co- tive vote of ‘‘concurrence’’ by the United information relating to cyberattacks on air- sponsor of S. 185, a bill to create a lim- States Senate as provided in Article II, Sec- craft systems and maintenance and ground ited population pathway for approval tion 2, Clause 2 of the Constitution; to the support systems for aircraft, to identify and of certain antibacterial drugs. Committee on the Judiciary. address cybersecurity vulnerabilities to the S. 386 f United States commercial aviation system, At the request of Mr. THUNE, the and for other purposes; to the Committee on names of the Senator from New Jersey EXECUTIVE REPORTS OF Commerce, Science, and Transportation. (Mr. BOOKER) and the Senator from By Mr. BOOKER (for himself, Ms. COMMITTEE EED BALDWIN, Mr. BLUMENTHAL, Mr. Rhode Island (Mr. R ) were added as The following executive reports of BROWN, Mr. FRANKEN, Mrs. GILLI- cosponsors of S. 386, a bill to limit the nominations were submitted: BRAND, Ms. HIRONO, Mr. MENENDEZ, authority of States to tax certain in- By Mr. GRASSLEY for the Committee on Mrs. MURRAY, Mr. SANDERS, Ms. come of employees for employment du- the Judiciary. WARREN, and Mr. WYDEN): ties performed in other States. Elizabeth J. Drake, of Maryland, to be a S. 2765. A bill to provide for the overall S. 391 Judge of the United States Court of Inter- health and well-being of young people, in- At the request of Mr. PAUL, the name national Trade. cluding the promotion of comprehensive sex- of the Senator from Wyoming (Mr. Jennifer Choe Groves, of Virginia, to be a ual health and healthy relationships, the re- Judge of the United States Court of Inter- duction of unintended pregnancy and sexu- ENZI) was added as a cosponsor of S. national Trade. ally transmitted infections (STIs), including 391, a bill to preserve and protect the Gary Stephen Katzmann, of Massachu- HIV, and the prevention of dating violence free choice of individual employees to setts, to be a Judge of the United States and sexual assault, and for other purposes; to form, join, or assist labor organiza- Court of International Trade. the Committee on Health, Education, Labor, tions, or to refrain from such activi- (Nominations without an asterisk and Pensions. ties. By Mr. GRASSLEY: were reported with the recommenda- S. 689 S. 2766. A bill to strengthen penalties for tion that they be confirmed.) tax return identity thieves, establish en- At the request of Mr. THUNE, the name of the Senator from Arkansas f hanced sentences for crimes against vulner- able and frequently targeted victims, clarify (Mr. BOOZMAN) was added as a cospon- INTRODUCTION OF BILLS AND the state of mind proof requirement in iden- sor of S. 689, a bill to provide protec- JOINT RESOLUTIONS tity theft prosecutions, and for other pur- tions for certain sports medicine pro- The following bills and joint resolu- poses; to the Committee on the Judiciary. fessionals who provide certain medical By Mr. MENENDEZ (for himself, Mr. tions were introduced, read the first services in a secondary State. PETERS, and Mrs. SHAHEEN): S. 849 and second times by unanimous con- S. 2767. A bill to provide that service of the sent, and referred as indicated: members of the organization known as the At the request of Mr. ISAKSON, the By Mr. JOHNSON (for himself, Mr. United States Cadet Nurse Corps during name of the Senator from Connecticut MANCHIN, Mr. BARRASSO, and Mr. World War II constituted active military (Mr. BLUMENTHAL) was added as a co- BLUMENTHAL): service for purposes of laws administered by sponsor of S. 849, a bill to amend the S. 2758. A bill to amend title XVIII of the the Secretary of Veterans Affairs, and for Public Health Service Act to provide Social Security Act to remove consideration other purposes; to the Committee on Vet- for systematic data collection and of certain pain-related issues from calcula- erans’ Affairs. analysis and epidemiological research tions under the Medicare hospital value- By Mr. BROWN: regarding Multiple Sclerosis (MS), Par- S. 2768. A bill to amend the Federal Water based purchasing program, and for other pur- kinson’s disease, and other neuro- poses; to the Committee on Finance. Pollution Control Act to update a program By Mrs. ERNST (for herself, Mr. BEN- to provide assistance for the planning, de- logical diseases. NET, Ms. AYOTTE, and Ms. WARREN): sign, and construction of treatment works to S. 857 S. 2759. A bill to amend the Internal Rev- intercept, transport, control, or treat munic- At the request of Ms. STABENOW, the enue Code of 1986 to provide a nonrefundable ipal combined sewer overflows and sanitary name of the Senator from Arkansas credit for working family caregivers; to the sewer overflows, and to require the Adminis- (Mr. BOOZMAN) was added as a cospon- Committee on Finance. trator of the Environmental Protection sor of S. 857, a bill to amend title XVIII By Mr. MERKLEY (for himself, Mr. Agency to update certain guidance used to of the Social Security Act to provide UDALL, Mr. SANDERS, Mr. FRANKEN, develop and determine the financial capa- for coverage under the Medicare pro- Mrs. MURRAY, Mr. WYDEN, Mr. DUR- bility of communities to implement clean BIN, Mr. BLUMENTHAL, Ms. WARREN, water infrastructure programs; to the Com- gram of an initial comprehensive care Ms. BALDWIN, Mr. MARKEY, Mr. BOOK- mittee on Environment and Public Works. plan for Medicare beneficiaries newly ER, and Mr. HEINRICH): By Mr. SCHUMER (for himself, Mr. diagnosed with Alzheimer’s disease and S. 2760. A bill to amend the Truth in Lend- BLUMENTHAL, Mr. MARKEY, Mr. related dementias, and for other pur- ing Act to address certain issues related to MENENDEZ, Mrs. GILLIBRAND, Mrs. poses. FEINSTEIN, Mrs. BOXER, Mr. BOOKER, the extension of consumer credit, and for S. 860 other purposes; to the Committee on Bank- Mr. SCHATZ, and Ms. WARREN): At the request of Mr. THUNE, the ing, Housing, and Urban Affairs. S. 2769. A bill to require the Federal Avia- By Ms. WARREN: tion Administration to establish minimum name of the Senator from South Caro- S. 2761. A bill to direct the Administrator standards for space for passengers on pas- lina (Mr. SCOTT) was added as a cospon- of the Federal Aviation Administration to senger aircraft; to the Committee on Com- sor of S. 860, a bill to amend the Inter- improve the process for establishing and re- merce, Science, and Transportation. nal Revenue Code of 1986 to repeal the

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.021 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1810 CONGRESSIONAL RECORD — SENATE April 7, 2016 estate and generation-skipping transfer FLAKE) was added as a cosponsor of S. Power Act to provide that any inaction taxes, and for other purposes. 1895, a bill to amend the Radiation Ex- by the Federal Energy Regulatory S. 901 posure Compensation Act for purposes Commission that allows a rate change At the request of Mr. MORAN, the of making claims under such Act based to go into effect shall be treated as an name of the Senator from Florida (Mr. on exposure to atmospheric nuclear order by the Commission for purposes NELSON) was added as a cosponsor of S. testing. of rehearing and court review. 901, a bill to establish in the Depart- S. 2067 S. 2536 ment of Veterans Affairs a national At the request of Mr. WICKER, the At the request of Mr. SCHATZ, the center for research on the diagnosis names of the Senator from Colorado name of the Senator from Colorado and treatment of health conditions of (Mr. GARDNER) and the Senator from (Mr. BENNET) was added as a cosponsor the descendants of veterans exposed to Florida (Mr. RUBIO) were added as co- of S. 2536, a bill to require the Adminis- toxic substances during service in the sponsors of S. 2067, a bill to establish trator of the Federal Aviation Admin- Armed Forces that are related to that EUREKA Prize Competitions to accel- istration to issue a notice of proposed exposure, to establish an advisory erate discovery and development of dis- rulemaking regarding the inclusion in board on such health conditions, and ease-modifying, preventive, or curative aircraft medical kits of medications for other purposes. treatments for Alzheimer’s disease and and equipment to meet the emergency medical needs of children. S. 1205 related dementia, to encourage efforts S. 2540 At the request of Mr. MERKLEY, the to enhance detection and diagnosis of At the request of Mr. REID, the name names of the Senator from Colorado such diseases, or to enhance the qual- of the Senator from Maryland (Ms. MI- (Mr. BENNET) and the Senator from Illi- ity and efficiency of care of individuals with such diseases. KULSKI) was added as a cosponsor of S. nois (Mr. KIRK) were added as cospon- 2540, a bill to provide access to counsel S. 2125 sors of S. 1205, a bill to designate the for unaccompanied children and other same individual serving as the Chief At the request of Mrs. FEINSTEIN, the vulnerable populations. Nurse Officer of the Public Health name of the Senator from Michigan S. 2649 Service as the National Nurse for Pub- (Mr. PETERS) was added as a cosponsor At the request of Mr. ROUNDS, the lic Health. of S. 2125, a bill to make the Commu- name of the Senator from Texas (Mr. nity Advantage Pilot Program of the S. 1333 CORNYN) was added as a cosponsor of S. At the request of Mr. GARDNER, the Small Business Administration perma- 2649, a bill to modify the treatment of name of the Senator from Virginia (Mr. nent, and for other purposes. the costs of health care furnished WARNER) was added as a cosponsor of S. S. 2173 under section 101 of the Veterans Ac- 1333, a bill to amend the Controlled At the request of Ms. STABENOW, the cess, Choice, and Accountability Act of Substances Act to exclude cannabidiol name of the Senator from Connecticut 2014 to veterans covered by health-plan and cannabidiol-rich plants from the (Mr. BLUMENTHAL) was added as a co- contracts. definition of marihuana, and for other sponsor of S. 2173, a bill to amend title S. 2650 purposes. XVIII of the Social Security Act to im- At the request of Mr. THUNE, the S. 1562 prove access to mental health services name of the Senator from Kansas (Mr. At the request of Mr. WYDEN, the under the Medicare program. MORAN) was added as a cosponsor of S. name of the Senator from Montana S. 2236 2650, a bill to amend the Internal Rev- (Mr. DAINES) was added as a cosponsor At the request of Mr. CRAPO, the enue Code of 1986 to exclude from gross of S. 1562, a bill to amend the Internal name of the Senator from Kansas (Mr. income any prizes or awards won in Revenue Code of 1986 to reform tax- MORAN) was added as a cosponsor of S. competition in the Olympic Games or ation of alcoholic beverages. 2236, a bill to provide that silencers be the Paralympic Games. S. 1567 treated the same as long guns. S. 2694 At the request of Mr. PETERS, the S. 2289 At the request of Mr. TOOMEY, the name of the Senator from South Da- At the request of Mr. KAINE, the name of the Senator from Alabama kota (Mr. ROUNDS) was added as a co- name of the Senator from California (Mr. SESSIONS) was added as a cospon- sponsor of S. 1567, a bill to amend title (Mrs. FEINSTEIN) was added as a co- sor of S. 2694, a bill to ensure America’s 10, United States Code, to provide for a sponsor of S. 2289, a bill to modernize law enforcement officers have access to review of the characterization or terms and improve the Family Unification lifesaving equipment needed to defend of discharge from the Armed Forces of Program, and for other purposes. themselves and civilians from attacks by terrorists and violent criminals. individuals with mental health dis- S. 2441 S. 2725 orders alleged to affect terms of dis- At the request of Mr. RUBIO, the At the request of Ms. AYOTTE, the charge. name of the Senator from Texas (Mr. name of the Senator from South Da- S. 1775 CORNYN) was added as a cosponsor of S. kota (Mr. ROUNDS) was added as a co- At the request of Mr. MURPHY, the 2441, a bill to provide that certain sponsor of S. 2725, a bill to impose name of the Senator from South Da- Cuban entrants are ineligible to re- sanctions with respect to the ballistic kota (Mr. ROUNDS) was added as a co- ceive refugee assistance, and for other missile program of Iran, and for other sponsor of S. 1775, a bill to direct the purposes. purposes. Secretary of Homeland Security to ac- S. 2467 S. 2730 cept additional documentation when At the request of Mr. WHITEHOUSE, At the request of Mr. MARKEY, the considering the application for vet- the name of the Senator from New name of the Senator from Ohio (Mr. erans status of an individual who per- York (Mrs. GILLIBRAND) was added as a PORTMAN) was added as a cosponsor of formed service as a coastwise merchant cosponsor of S. 2467, a bill to reduce S. 2730, a bill to award a Congressional seaman during World War II, and for health care-associated infections and Gold Medal to the 23rd Headquarters other purposes. improve antibiotic stewardship Special Troops, known as the ‘‘Ghost S. 1883 through enhanced data collection and Army’’, collectively, in recognition of At the request of Mr. REED, the name reporting, the implementation of its unique and incredible service during of the Senator from Connecticut (Mr. State-based quality improvement ef- World War II. BLUMENTHAL) was added as a cosponsor forts, and improvements in provider S. 2736 of S. 1883, a bill to maximize discovery, education in patient safety, and for At the request of Mr. THUNE, the and accelerate development and avail- other purposes. name of the Senator from Colorado ability, of promising childhood cancer S. 2494 (Mr. GARDNER) was added as a cospon- treatments, and for other purposes. At the request of Mr. MARKEY, the sor of S. 2736, a bill to improve access S. 1895 name of the Senator from Rhode Island to durable medical equipment for Medi- At the request of Mr. MCCAIN, the (Mr. REED) was added as a cosponsor of care beneficiaries under the Medicare name of the Senator from Arizona (Mr. S. 2494, a bill to amend the Federal program, and for other purposes.

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.024 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1811 S. 2746 amend the Internal Revenue Code of cans to save that dream from the At the request of Ms. AYOTTE, the 1986 to permanently extend increased forces which appeared to be over- names of the Senator from Missouri expensing limitations, and for other whelming and dispelling it.’’ (Mr. BLUNT) and the Senator from Flor- purposes. One of those forces that has been ida (Mr. RUBIO) were added as cospon- AMENDMENT NO. 3492 overwhelming the effort of middle- sors of S. 2746, a bill to establish var- At the request of Mr. INHOFE, the class, hard-working Americans to be ious prohibitions regarding the trans- name of the Senator from Kansas (Mr. successful is predatory lending. Today fer or release of individuals detained at MORAN) was added as a cosponsor of I am specifically rising to discuss the United States Naval Station, Guanta- amendment No. 3492 intended to be pro- introduction of the SAFE Lending Act. namo Bay, Cuba, and with respect to posed to H.R. 636, a bill to amend the SAFE stands for stopping abuse and United States Naval Station, Guanta- Internal Revenue Code of 1986 to per- fraud in electronic lending. namo Bay, and for other purposes. manently extend increased expensing The focus of this is short-term, high- S. 2752 limitations, and for other purposes. interest loans, often referred to as ‘‘payday’’ loans. These loans often have At the request of Mr. RUBIO, the AMENDMENT NO. 3493 interest rates of 300 percent, 400 per- name of the Senator from New Hamp- At the request of Mr. INHOFE, the cent, 500 percent. The debt a family has shire (Ms. AYOTTE) was added as a co- name of the Senator from Kansas (Mr. with one of those loans just grows and sponsor of S. 2752, a bill to prohibit the MORAN) was added as a cosponsor of facilitation of certain financial trans- amendment No. 3493 intended to be pro- grows and grows. Consider this: If you actions involving the Government of posed to H.R. 636, a bill to amend the take out $1,000 today, a year from now, Iran or Iranian persons and to impose Internal Revenue Code of 1986 to per- at 500 percent interest, you owe $5,000. sanctions with respect to the facilita- manently extend increased expensing In 2 years you owe $25,000—an impos- tion of those transactions, and for limitations, and for other purposes. sible sum for a family of modest means. So these payday loans pull fam- other purposes. AMENDMENT NO. 3500 ilies into a vortex of debt from which S. 2755 At the request of Mr. HOEVEN, the they cannot escape, and this vortex de- At the request of Mr. BLUNT, the name of the Senator from Oregon (Mr. stroys them financially. These are name of the Senator from Alabama WYDEN) was added as a cosponsor of huge consequences for the parents, cer- (Mr. SESSIONS) was added as a cospon- amendment No. 3500 intended to be pro- tainly, but huge consequences for the sor of S. 2755, a bill to provide Capitol- posed to H.R. 636, a bill to amend the children. It does a tremendous amount flown flags to the immediate family of Internal Revenue Code of 1986 to per- of damage to American families. This firefighters, law enforcement officers, manently extend increased expensing is why many major religions in the members of rescue squads or ambu- limitations, and for other purposes. world have come out over time—over lance crews, and public safety officers AMENDMENT NO. 3508 thousands a year—and said high-inter- who are killed in the line of duty. At the request of Ms. COLLINS, the est lending destroys and shouldn’t be S.J. RES. 27 name of the Senator from Ohio (Mr. done, but here we have it, right here in At the request of Ms. AYOTTE, the PORTMAN) was added as a cosponsor of America. name of the Senator from New Hamp- amendment No. 3508 proposed to H.R. Many States, including my State of shire (Mrs. SHAHEEN) was added as a co- 636, a bill to amend the Internal Rev- Oregon, have worked to end this vortex sponsor of S.J. Res. 27, a joint resolu- enue Code of 1986 to permanently ex- of debt. They have put a cap on the in- tion providing for congressional dis- tend increased expensing limitations, terest rate. They have stopped the approval under chapter 8 of title 5, and for other purposes. every-2-week rollovers, and so they United States Code, of the rule sub- AMENDMENT NO. 3516 have returned, if you will, small-dollar mitted by the Secretary of Agriculture At the request of Mr. CORNYN, the lending to being an affordable instru- relating to inspection of fish of the names of the Senator from Nevada (Mr. ment that doesn’t destroy families. order Siluriformes. HELLER) and the Senator from Arizona These tough State laws are under as- S. RES. 349 (Mr. MCCAIN) were added as cosponsors sault by new tactics of the payday loan At the request of Mr. ROBERTS, the of amendment No. 3516 intended to be industry, and we need to address those name of the Senator from Indiana (Mr. proposed to H.R. 636, a bill to amend new tactics. DONNELLY) was added as a cosponsor of the Internal Revenue Code of 1986 to Specifically, the industry is starting S. Res. 349, a resolution congratulating permanently extend increased expens- to use an instrument called remotely the Farm Credit System on the cele- ing limitations, and for other purposes. created checks. How does this work? bration of its 100th anniversary. f Let’s say you have your bank account and you take out a payday loan. The AMENDMENT NO. 3482 STATEMENTS ON INTRODUCED dollars are put into your bank account, At the request of Mr. HEINRICH, the BILLS AND JOINT RESOLUTIONS and you think they are going to stay name of the Senator from Minnesota there, but now this online payday loan (Mr. FRANKEN) was added as a cospon- By Mr. MERKLEY (for himself, company—and who knows where in the sor of amendment No. 3482 proposed to Mr. UDALL, Mr. SANDERS, Mr. world these people really are; they may H.R. 636, a bill to amend the Internal FRANKEN, Mrs. MURRAY, Mr. be overseas in any remote location, ex- Revenue Code of 1986 to permanently WYDEN, Mr. DURBIN, Mr. tremely difficult to find, extremely dif- extend increased expensing limita- BLUMENTHAL, Ms. WARREN, Ms. ficult to enforce our laws—has your tions, and for other purposes. BALDWIN, Mr. MARKEY, Mr. bank account number, and that is all AMENDMENT NO. 3485 BOOKER, and Mr. HEINRICH): they need to write a check to them- At the request of Mr. BOOKER, the S. 2760. A bill to amend the Truth in selves to withdraw the money from name of the Senator from Illinois (Mr. Lending Act to address certain issues your account and put it in their ac- DURBIN) was added as a cosponsor of related to the extension of consumer count, an account that is likely to be amendment No. 3485 intended to be pro- credit, and for other purposes; to the so remotely located no one can enforce posed to H.R. 636, a bill to amend the Committee on Banking, Housing, and the State laws. Internal Revenue Code of 1986 to per- Urban Affairs. In other words—let me say this manently extend increased expensing Mr. MERKLEY. Mr. President, an again—the payday lender, once they limitations, and for other purposes. American historian, James Truslow have your checking account number, AMENDMENT NO. 3490 Adams, wrote a book in 1931 entitled can reach into your account without At the request of Ms. CANTWELL, the ‘‘The Epic of America,’’ and in this your permission and take your money names of the Senator from Washington book he coined the term the ‘‘Amer- out; thereby, having the ability to by- (Mrs. MURRAY) and the Senator from ican dream.’’ He went on to say this: pass the State laws. An Oregon law Connecticut (Mr. BLUMENTHAL) were ‘‘Ever since we have become an inde- may say if you have interest rates over added as cosponsors of amendment No. pendent nation, each generation has those established by Oregon law your 3490 proposed to H.R. 636, a bill to seen an uprising of the ordinary Ameri- loan is uncollectible; that it is illegal

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.025 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1812 CONGRESSIONAL RECORD — SENATE April 7, 2016 in our State. Well, these online preda- cess of every American family more this check was the number of the bank tory payday lenders do not care that it than we value protection for legalized account that matched my bank ac- is illegal in Oregon. They have your ac- loan sharking? Certainly we should, in count, and that is all that is required count number, and they are going to this Chamber, extend to all families in for someone to reach in and take reach in and take your money illegally. America the same protection we gave money out of your account. That is not the only predatory prac- to military families. Until we do that, That type of fraud is surprising as tice that is evolving. These payday we should at least make sure the Fed- well, but it reinforces the point that loan companies have also established a eral framework requires honoring the once an online electronic payday loan practice whereby instead of putting tough laws passed by State after State company has your number, they can money into your bank account, they after State to stop these practices. I reach in. That is all they need to take give you a prepaid card. This prepaid think the total is about 19 States at the money out of your account. So we card looks very convenient. You use it this point. are going to ban these lead generators like a credit card, a debit card, and we That is why I introduced the SAFE as another piece of this predatory pro- are familiar with that in America, but Lending Act today. The SAFE Lending file of the electronic payday loan in- here is the ringer. They put fees on Act—stop the abuse and fraud in elec- dustry. It is why I am introducing the these cards that add to the 300-percent, tronic lending. This act does a couple act. 400-percent, or 500-percent interest rate of key things. First of all, it says these I greatly appreciate my cosponsors that is already destroying families, remotely created checks in which a on this act, and I would like to thank particularly over balance fees. company reaches in and takes your them all. They are Senator TOM UDALL, You may not know whether your money without your permission—those Senator BERNIE SANDERS, Senator card has $20 or $30 or $50 left on it. are banned. You regain control of your PATTY MURRAY, Senator DICK DURBIN, Some of these prepaid cards, in other checking account. Second, the legisla- Senator DICK BLUMENTHAL, Senator parts of the financial industry, charge tion bans the overdraft fees on these ELIZABETH WARREN, Senator TAMMY for all kinds of things. They charge you prepaid payday loan cards and other BALDWIN, Senator ED MARKEY, Senator to call and ask what your balance is. predatory fees established through the RON WYDEN, and Senator CORY BOOKER. They charge if you call and ask a ques- Commission. Third, it says that all Thank you to all of my colleagues who tion about how the card works or even small-dollar lenders have to register in care a lot about ending predatory fi- what the fees are. They charge a fee order to be monitored by their States nancial transactions that strip billions just for asking what the fees are. Some so they are not in an unregulated world of dollars out of hard-working Ameri- of them charge a fee every time you out there without people even knowing cans’ accounts. use the card. Some might charge an ad- they exist. Furthermore, it says that We have a lot of work to do on this. ditional monthly fee, but particularly every lender of every type has to abide We have accomplished some. There is these prepaid payday loan cards are no- by the State laws. It doesn’t matter much more to be done. Certainly, when torious for their overbalance fees. whom they are regulated by. Finally, it James Truslow Adams said that indi- Let us assume you have perhaps $50 bans lead generators. viduals of each generation will have to left in your account, you buy some- Now, what is a lead generator? A lead stand and fight against practices de- thing for $52, and maybe immediately generator is a fake Web site that pre- signed to destroy the American dream, you get charged a $35 fee, which they tends it is a payday loan company, of- he was talking about things such as can reach into your account and take, fers you a product, and their whole this—practices that proceed to under- but then that is an overdraft fee on the goal is to get your bank account num- mine the success of America’s working bank, so the bank is now charging you ber. Again, once they have that bank families. Let us stop those predatory a fee. Then, because you don’t know it account number, they can reach in and practices in their tracks and pass the is an overdraft because they didn’t take funds out of your account. It is in- SAFE Lending Act. turn down the transaction, you buy a credible that this is true; that you pack of gum for 50 cents, and there is don’t have to sign the check. They ba- By Mr. CORNYN (for himself, Mr. another $35 fee. You buy a hamburger sically just use your number and ask to CRUZ, Mr. SCHUMER, and Mr. at Burger King for lunch, and there is take away the money from John Con- BLUMENTHAL): another fee. So you can see how these sumer or Jane Consumer and give it to S. 2763. A bill to provide the victims predatory fees line up very quickly on us, and the bank complies and does it. of Holocaust-era persecution and their top of the 300-percent, 400-percent, or As amazing as that sounds, that is the heirs a fair opportunity to recover 500-percent interest rates. way the banking system works. That is works of art confiscated or misappro- So here is the thing. State after what these remotely created checks do. priated by the Nazis; to the Committee State has said these are destroying So we to make sure that regardless of on the Judiciary. families and we are going to act. In what your financial regulator is, you Mr. President, I ask unanimous con- fact, in the U.S. Senate years ago we have to abide by the State rules, and sent that the text of the bill be printed acted to protect military families from we ban these lead generators that are in the RECORD. these predatory loans. The admirals fishing for these bank account num- There being no objection, the text of and generals came to Capitol Hill to bers. Once they have them, they sell the bill was ordered to be printed in testify. They said: At our military them to the lending industry, to the the RECORD, as follows: bases these predatory payday loans are payday loan industry, and who knows S. 2763 destroying our military families, and it what other hands these numbers end up Be it enacted by the Senate and House of Rep- is not just their finances. When their in. resentatives of the United States of America in finances are destroyed, relationships I was surprised a couple of years ago Congress assembled, are frayed, children’s opportunities are when I noticed a charge on my bank SECTION 1. SHORT TITLE. account that wasn’t something that ei- This Act may be cited as the ‘‘Holocaust damaged. We cannot have this type of Expropriated Art Recovery Act of 2016’’. ther my wife Mary or I had purchased terrible impact on our military fami- SEC. 2. FINDINGS. lies. So we established a national cap from a store we don’t go to. I looked at Congress finds the following: of interest on these short-term loans. it carefully and discovered the number (1) It is estimated that the Nazis con- It is good we did. It is good we pro- of the check was out of the order of my fiscated or otherwise misappropriated as tected our military families from these checkbook. So I pulled up the copy of many as 650,000 works of art throughout Eu- abusive, destructive practices, but if the check on the computer, looking rope as part of their genocidal campaign these practices are so damaging to through my account on the computer, against the Jewish people and other per- families in the military, aren’t they and I could see the number matched secuted groups. This has been described as equally damaging to families who are my account, but the name on the check the ‘‘greatest displacement of art in human history’’. not in the military? Shouldn’t we didn’t match my account, the address (2) Following World War II, the United apply the same protection to every didn’t match my account, and the sig- States and its allies attempted to return the American family we apply to a mili- nature didn’t match my signature. stolen artworks to their countries of origin. tary family? Don’t we value the suc- None of it matched. The only thing on Despite these efforts, many works of art

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\CR\FM\G07AP6.019 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1813 were never reunited with their owners. Some related disputes. In light of this precedent, relating to the passage of time (including the of the art has since been discovered in the the enactment of a Federal law is the best doctrine of laches); and United States. way to ensure that claims to Nazi-con- (B) in which final judgment has not been (3) In 1998, the United States convened a fiscated art are adjudicated on their merits. entered. conference with 44 nations in Washington, SEC. 3. PURPOSES. D.C., known as the Washington Conference, The purposes of this Act are the following: f which produced Principles on Nazi-Con- (1) To ensure that laws governing claims to SUBMITTED RESOLUTIONS fiscated Art. One of these principles is that Nazi-confiscated art further United States ‘‘steps should be taken expeditiously to policy as set forth in the Washington Con- achieve a just and fair solution’’ to claims ference Principles on Nazi-Confiscated Art, involving such art that has not been the Holocaust Victims Redress Act, and the SENATE RESOLUTION 416—RECOG- restituted if the owners or their heirs can be Terezin Declaration. NIZING THE CONTRIBUTIONS OF identified. (2) To ensure that claims to artwork stolen HAWAII TO THE CULINARY HER- (4) The same year, Congress enacted the or misappropriated by the Nazis are not Holocaust Victims Redress Act (Public Law ITAGE OF THE UNITED STATES barred by statutes of limitations and other AND DESIGNATING THE WEEK 105–158, 112 Stat. 15), which expressed the similar legal doctrines but are resolved in a sense of Congress that ‘‘all governments just and fair manner on the merits. BEGINNING ON JUNE 12, 2016, AS should undertake good faith efforts to facili- SEC. 4. DEFINITIONS. ‘‘NATIONAL HAWAIIAN FOOD tate the return of private and public prop- In this Act— WEEK’’ erty, such as works of art, to the rightful (1) the term ‘‘actual discovery’’ does not owners in cases where assets were con- Mr. SCHATZ (for himself, Mr. ISAK- include any constructive knowledge imputed fiscated from the claimant during the period SON, Ms. HIRONO, and Mr. PERDUE) sub- by law; of Nazi rule and there is reasonable proof mitted the following resolution; which (2) the term ‘‘artwork or other cultural that the claimant is the rightful owner.’’. property’’ includes any painting, sculpture, was referred to the Committee on the (5) In 2009, the United States participated drawing, work of graphic art, print, mul- Judiciary: in a Holocaust Era Assets Conference in Prague, Czech Republic, with 45 other na- tiples, book, manuscript, archive, or sacred S. RES. 416 tions. At the conclusion of this conference, or ceremonial object; Whereas when individuals first came to the the participating nations issued the Terezin (3) the term ‘‘persecution during the Nazi Hawaiian islands more than 1,500 years ago, Declaration, which reaffirmed the 1998 Wash- era’’ means any persecution by the Nazis or there was little to eat other than birds and ington Conference Principles on Nazi-Con- their allies during the period from January a few species of ferns, but the individuals fiscated Art and urged all participants ‘‘to 1, 1933, to December 31, 1945, that was based found rich volcanic soil, a year-round grow- ensure that their legal systems or alter- on race, ethnicity, or religion; and ing season, and abundant fisheries; native processes, while taking into account (4) the term ‘‘unlawfully lost’’ includes any Whereas the history of Hawaii is inex- the different legal traditions, facilitate just theft, seizure, forced sale, sale under duress, tricably linked with— and fair solutions with regard to Nazi-con- or any other loss of an artwork or cultural (1) foods brought to the Hawaiian is- fiscated and looted art, and to make certain property that would not have occurred ab- lands by the first individuals who came to that claims to recover such art are resolved sent persecution during the Nazi era. Hawaii and successive waves of voyagers to expeditiously and based on the facts and SEC. 5. STATUTE OF LIMITATIONS. the Hawaiian islands; merits of the claims and all the relevant doc- (a) IN GENERAL.—Notwithstanding any (2) the agricultural and ranching po- uments submitted by all parties.’’. The Dec- other provision of Federal law, any provision tential of the land of Hawaii; and laration also urged participants to ‘‘consider of State law, or any defense at law or equity (3) the readily available seafood from all relevant issues when applying various relating to the passage of time (including the the ocean and coasts of Hawaii; legal provisions that may impede the res- doctrine of laches), a civil claim or cause of titution of art and cultural property, in action against a defendant to recover any Whereas the food cultures initially brought order to achieve just and fair solutions, as artwork or other cultural property unlaw- to Hawaii came from places including well as alternative dispute resolution, where fully lost because of persecution during the French Polynesia, China, Japan, Portugal, appropriate under law.’’. Nazi era or for damages for the taking or de- North Korea, South Korea, the Philippines, (6) Numerous victims of Nazi persecution taining of any artwork or other cultural Puerto Rico, and Samoa; and their heirs have taken legal action to re- property unlawfully lost because of persecu- Whereas the foods first brought to Hawaii cover Nazi-confiscated art. These lawsuits tion during the Nazi era may be commenced were simple, hearty fare of working men and face significant procedural obstacles partly not later than 6 years after the actual dis- women that reminded the men and women of due to State statutes of limitations, which covery by the claimant or the agent of the their distant homes; typically bar claims within some limited claimant of— Whereas individuals in Hawaii, in the spir- number of years from either the date of the (1) the identity and location of the artwork it of Aloha, shared favorite dishes with each loss or the date that the claim should have or cultural property; and other, and as a result, the individuals began been discovered. In some cases, this means (2) information or facts sufficient to indi- to appreciate new tastes and learned how to that the claims expired before World War II cate that the claimant has a claim for a bring new ideas into their cooking; even ended. (See, e.g., The Detroit Institute possessory interest in the artwork or cul- Whereas the blend of styles in Hawaiian of Arts v. Ullin, No. 06–10333, 2007 WL 1016996 tural property that was unlawfully lost. cooking evolves as new groups of individuals (E.D. Mich. Mar. 31, 2007)). The unique and (b) POSSIBLE MISIDENTIFICATION.—For pur- make Hawaii their home; horrific circumstances of World War II and poses of subsection (a)(1), in a case in which Whereas the fusion of dishes from around the Holocaust make statutes of limitations there is a possibility of misidentification of the world creates a unique cuisine for Hawaii and other time-based procedural defenses es- the artwork or cultural property, the identi- that is as much a part of a visit to Hawaii as pecially burdensome to the victims and their fication of the artwork or cultural property the welcoming climate, friendly individuals, heirs. Those seeking recovery of Nazi-con- shall occur on the date on which there are and beautiful beaches in Hawaii; fiscated art must painstakingly piece to- facts sufficient to determine that the art- Whereas the food of Hawaii is appealing be- gether their cases from a fragmentary his- work or cultural property is likely to be the cause it came from hard-working commu- torical record ravaged by persecution, war, artwork or cultural property that was un- nities of individuals that farmed, fished, or and genocide. This costly process often can- lawfully lost. ranched for their livelihoods, which are core not be done within the time constraints im- (c) APPLICABILITY.— experiences of individuals throughout the posed by existing law. (1) IN GENERAL.—Subsection (a) shall apply United States; (7) Federal legislation is needed because to any civil claim or cause of action (includ- Whereas the growing appreciation for the the only court that has considered the ques- ing a civil claim or cause of action described food of Hawaii comes from hard-working and tion held that the Constitution prohibits in paragraph (2)) that is— ingenious farmers, fishers, educators, ranch- States from making exceptions to their stat- (A) pending on the date of enactment of ers, chefs, and businesses that innovate and utes of limitations to accommodate claims this Act; or export the taste of Hawaii all over the world; involving the recovery of Nazi-confiscated (B) filed during the period beginning on the and art. In Von Saher v. Norton Simon Museum date of enactment of this Act and ending on Whereas as the taste for the food of Hawaii of Art, 592 F.3d 954 (9th Cir. 2009), the United December 31, 2026. spreads across the United States, individuals States Court of Appeals for the Ninth Circuit (2) INCLUSION OF PREVIOUSLY DISMISSED in Hawaii proudly welcome individuals in invalidated a California law that extended CLAIMS.—A civil claim or cause of action de- the State of Georgia to partner and bring the the State statute of limitations for claims scribed in this paragraph is a civil claim or cuisine of the individuals ‘‘home’’ to new seeking recovery of Holocaust-era artwork. cause of action— communities: Now, therefore, be it The Court held that the law was an unconsti- (A) that was dismissed before the date of Resolved, That the Senate— tutional infringement of the Federal Govern- enactment of this Act based on the expira- (1) designates the week beginning on June ment’s exclusive authority over foreign af- tion of a Federal or State statute of limita- 12, 2016, as ‘‘National Hawaiian Food Week’’; fairs, which includes the resolution of war- tions or any other defense at law or equity and

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.027 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1814 CONGRESSIONAL RECORD — SENATE April 7, 2016 (2) recognizes the contributions of Hawaii SA 3531. Mr. MANCHIN submitted an SA 3547. Mr. BLUMENTHAL submitted an to the culinary heritage of the United amendment intended to be proposed to amendment intended to be proposed to States. amendment SA 3464 submitted by Mr. THUNE amendment SA 3464 submitted by Mr. THUNE f (for himself and Mr. NELSON) to the bill H.R. (for himself and Mr. NELSON) to the bill H.R. 636, supra; which was ordered to lie on the 636, supra; which was ordered to lie on the AMENDMENTS SUBMITTED AND table. table. PROPOSED SA 3532. Mr. NELSON (for himself and Mr. SA 3548. Mr. BLUMENTHAL (for himself, COATS) submitted an amendment intended to Mr. MARKEY, and Ms. BALDWIN) submitted an SA 3518. Mr. PAUL submitted an amend- be proposed by him to the bill H.R. 636, amendment intended to be proposed by him ment intended to be proposed to amendment supra; which was ordered to lie on the table. to the bill H.R. 636, supra; which was ordered SA 3464 submitted by Mr. THUNE (for himself SA 3533. Mr. BROWN (for himself and Mr. to lie on the table. and Mr. NELSON) to the bill H.R. 636, to PORTMAN) submitted an amendment intended SA 3549. Mr. MARKEY (for himself and Mr. amend the Internal Revenue Code of 1986 to to be proposed by him to the bill H.R. 636, WHITEHOUSE) submitted an amendment in- permanently extend increased expensing lim- supra; which was ordered to lie on the table. tended to be proposed to amendment SA 3464 itations, and for other purposes; which was SA 3534. Ms. CANTWELL (for herself and submitted by Mr. THUNE (for himself and Mr. ordered to lie on the table. Mr. THUNE) submitted an amendment in- NELSON) to the bill H.R. 636, supra; which SA 3519. Mr. TESTER (for himself and Mr. tended to be proposed to amendment SA 3464 was ordered to lie on the table. DAINES) submitted an amendment intended submitted by Mr. THUNE (for himself and Mr. SA 3550. Mr. PORTMAN (for himself and to be proposed to amendment SA 3464 sub- NELSON) to the bill H.R. 636, supra; which Mr. BURR) submitted an amendment in- mitted by Mr. THUNE (for himself and Mr. was ordered to lie on the table. tended to be proposed to amendment SA 3464 NELSON) to the bill H.R. 636, supra; which SA 3535. Mr. COTTON submitted an amend- submitted by Mr. THUNE (for himself and Mr. was ordered to lie on the table. ment intended to be proposed by him to the NELSON) to the bill H.R. 636, supra; which SA 3520. Mr. TESTER (for himself, Mr. bill H.R. 636, supra; which was ordered to lie was ordered to lie on the table. HOEVEN, and Ms. HEITKAMP) submitted an on the table. SA 3551. Mrs. BOXER submitted an amend- amendment intended to be proposed to SA 3536. Mr. MCCAIN submitted an amend- ment intended to be proposed to amendment amendment SA 3464 submitted by Mr. THUNE ment intended to be proposed to amendment SA 3464 submitted by Mr. THUNE (for himself (for himself and Mr. NELSON) to the bill H.R. SA 3464 submitted by Mr. THUNE (for himself and Mr. NELSON) to the bill H.R. 636, supra; 636, supra; which was ordered to lie on the and Mr. NELSON) to the bill H.R. 636, supra; which was ordered to lie on the table. table. which was ordered to lie on the table. SA 3552. Mrs. FEINSTEIN (for herself, Mr. SA 3521. Mr. MURPHY submitted an SA 3537. Mr. PAUL (for himself and Mr. BENNET, and Mrs. BOXER) submitted an amendment intended to be proposed by him MARKEY) submitted an amendment intended amendment intended to be proposed to to the bill H.R. 636, supra; which was ordered to be proposed to amendment SA 3464 sub- amendment SA 3464 submitted by Mr. THUNE to lie on the table. mitted by Mr. THUNE (for himself and Mr. (for himself and Mr. NELSON) to the bill H.R. SA 3522. Ms. CANTWELL (for herself, Mrs. NELSON) to the bill H.R. 636, supra; which 636, supra; which was ordered to lie on the MURRAY, and Mr. BLUMENTHAL) submitted an was ordered to lie on the table. table. amendment intended to be proposed to SA 3538. Mr. HOEVEN submitted an SA 3553. Mr. DAINES submitted an amend- amendment SA 3464 submitted by Mr. THUNE amendment intended to be proposed to ment intended to be proposed to amendment (for himself and Mr. NELSON) to the bill H.R. amendment SA 3464 submitted by Mr. THUNE SA 3464 submitted by Mr. THUNE (for himself 636, supra; which was ordered to lie on the (for himself and Mr. NELSON) to the bill H.R. and Mr. NELSON) to the bill H.R. 636, supra; table. 636, supra; which was ordered to lie on the which was ordered to lie on the table. SA 3523. Mr. SCOTT (for himself, Mr. GRA- table. SA 3554. Mrs. GILLIBRAND (for herself and HAM, and Mr. ISAKSON) submitted an amend- SA 3539. Mr. BLUNT (for himself, Mr. Mr. SCHUMER) submitted an amendment in- ment intended to be proposed to amendment WYDEN, Mr. BENNET, Mr. PORTMAN, Ms. tended to be proposed to amendment SA 3464 SA 3464 submitted by Mr. THUNE (for himself BALDWIN, Mr. VITTER, Ms. MURKOWSKI, Mrs. submitted by Mr. THUNE (for himself and Mr. and Mr. NELSON) to the bill H.R. 636, supra; MURRAY, Mr. BURR, Ms. AYOTTE, Mr. CARPER, NELSON) to the bill H.R. 636, supra; which which was ordered to lie on the table. and Mr. MORAN) submitted an amendment was ordered to lie on the table. SA 3524. Mr. BENNET submitted an intended to be proposed to amendment SA SA 3555. Mr. FLAKE submitted an amend- amendment intended to be proposed to 3464 submitted by Mr. THUNE (for himself and ment intended to be proposed by him to the amendment SA 3464 submitted by Mr. THUNE Mr. NELSON) to the bill H.R. 636, supra; which bill H.R. 636, supra; which was ordered to lie (for himself and Mr. NELSON) to the bill H.R. was ordered to lie on the table. on the table. 636, supra. SA 3540. Ms. WARREN submitted an SA 3556. Mr. FLAKE submitted an amend- SA 3525. Mr. MANCHIN submitted an amendment intended to be proposed to ment intended to be proposed to amendment amendment intended to be proposed to amendment SA 3464 submitted by Mr. THUNE SA 3464 submitted by Mr. THUNE (for himself amendment SA 3464 submitted by Mr. THUNE (for himself and Mr. NELSON) to the bill H.R. and Mr. NELSON) to the bill H.R. 636, supra; (for himself and Mr. NELSON) to the bill H.R. 636, supra; which was ordered to lie on the which was ordered to lie on the table. 636, supra; which was ordered to lie on the table. SA 3557. Mr. FLAKE (for himself, Mr. table. SA 3541. Ms. WARREN submitted an LEAHY, Mr. DURBIN, Mr. ENZI, Ms. COLLINS, SA 3526. Mr. FLAKE (for himself and Mr. amendment intended to be proposed to Mr. HELLER, and Mr. WHITEHOUSE) submitted MCCAIN) submitted an amendment intended amendment SA 3464 submitted by Mr. THUNE an amendment intended to be proposed by to be proposed to amendment SA 3464 sub- (for himself and Mr. NELSON) to the bill H.R. him to the bill H.R. 636, supra; which was or- mitted by Mr. THUNE (for himself and Mr. 636, supra; which was ordered to lie on the dered to lie on the table. NELSON) to the bill H.R. 636, supra; which table. SA 3558. Mrs. FEINSTEIN (for herself, Mr. was ordered to lie on the table. SA 3542. Mr. HOEVEN (for himself and Mr. TILLIS, and Mr. BLUMENTHAL) submitted an SA 3527. Mr. RUBIO (for himself, Mr. TESTER) submitted an amendment intended amendment intended to be proposed to BLUNT, Mrs. CAPITO, Mr. CASSIDY, Mr. GRA- to be proposed to amendment SA 3464 sub- amendment SA 3464 submitted by Mr. THUNE HAM, Mr. MANCHIN, Mr. RISCH, Mrs. SHAHEEN, mitted by Mr. THUNE (for himself and Mr. (for himself and Mr. NELSON) to the bill H.R. Mr. SULLIVAN, and Mr. VITTER) submitted an NELSON) to the bill H.R. 636, supra; which 636, supra; which was ordered to lie on the amendment intended to be proposed to was ordered to lie on the table. table. amendment SA 3464 submitted by Mr. THUNE SA 3543. Mr. HOEVEN (for himself and Mr. SA 3559. Mr. WARNER submitted an (for himself and Mr. NELSON) to the bill H.R. COCHRAN) submitted an amendment intended amendment intended to be proposed to 636, supra; which was ordered to lie on the to be proposed to amendment SA 3464 sub- amendment SA 3464 submitted by Mr. THUNE table. mitted by Mr. THUNE (for himself and Mr. (for himself and Mr. NELSON) to the bill H.R. SA 3528. Mr. RUBIO (for himself and Mr. NELSON) to the bill H.R. 636, supra; which 636, supra; which was ordered to lie on the CORNYN) submitted an amendment intended was ordered to lie on the table. table. to be proposed to amendment SA 3464 sub- SA 3544. Mr. BLUMENTHAL submitted an SA 3560. Mr. WARNER (for himself and Mr. mitted by Mr. THUNE (for himself and Mr. amendment intended to be proposed by him HOEVEN) submitted an amendment intended NELSON) to the bill H.R. 636, supra; which to the bill H.R. 636, supra; which was ordered to be proposed to amendment SA 3464 sub- was ordered to lie on the table. to lie on the table. mitted by Mr. THUNE (for himself and Mr. SA 3529. Mr. REED submitted an amend- SA 3545. Mr. BLUMENTHAL submitted an NELSON) to the bill H.R. 636, supra; which ment intended to be proposed by him to the amendment intended to be proposed to was ordered to lie on the table. bill H.R. 636, supra; which was ordered to lie amendment SA 3464 submitted by Mr. THUNE SA 3561. Mr. WARNER submitted an on the table. (for himself and Mr. NELSON) to the bill H.R. amendment intended to be proposed to SA 3530. Mr. SCHUMER (for himself and 636, supra; which was ordered to lie on the amendment SA 3464 submitted by Mr. THUNE Mr. BLUMENTHAL) submitted an amendment table. (for himself and Mr. NELSON) to the bill H.R. intended to be proposed to amendment SA SA 3546. Mr. BLUMENTHAL submitted an 636, supra; which was ordered to lie on the 3464 submitted by Mr. THUNE (for himself and amendment intended to be proposed by him table. Mr. NELSON) to the bill H.R. 636, supra; which to the bill H.R. 636, supra; which was ordered SA 3562. Mr. WARNER (for himself and Mr. was ordered to lie on the table. to lie on the table. BLUNT) submitted an amendment intended to

VerDate Sep 11 2014 03:36 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.028 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1815 be proposed by him to the bill H.R. 636, qualify to carry a firearm under the pro- flight deck officer may purchase a firearm supra; which was ordered to lie on the table. gram; and and carry that firearm aboard an aircraft of SA 3563. Mr. HELLER submitted an amend- ‘‘(bb) the administrator of the facility at which the officer is the pilot in accordance ment intended to be proposed to amendment which the officer conducted the requalifica- with this section if the firearm is of a type SA 3464 submitted by Mr. THUNE (for himself tion training verifies that the officer partici- that may be used under the program.’’. and Mr. NELSON) to the bill H.R. 636, supra; pated in that number of hours of training.’’. (b) CARRIAGE OF FIREARMS ON INTER- which was ordered to lie on the table. (c) LIMITATIONS ON TRAINING.—Section NATIONAL FLIGHTS.—Paragraph (5) of section SA 3564. Mr. SASSE submitted an amend- 44921(c)(2) is amended by adding at the end 44921(f), as redesignated by subsection (a)(1), ment intended to be proposed to amendment the following: is amended to read as follows: SA 3464 submitted by Mr. THUNE (for himself ‘‘(D) LIMITATIONS ON TRAINING.— ‘‘(5) CARRYING FIREARMS OUTSIDE UNITED and Mr. NELSON) to the bill H.R. 636, supra; ‘‘(i) INITIAL TRAINING.—The Secretary may STATES.— which was ordered to lie on the table. require— ‘‘(A) IN GENERAL.—In consultation with the ‘‘(I) initial training of not more than 5 Secretary of State, the Secretary— f days for a pilot to be deputized as a Federal ‘‘(i) may take such action as may be nec- TEXT OF AMENDMENTS flight deck officer; essary to ensure that a Federal flight deck ‘‘(II) the pilot to be physically present at officer may carry a firearm in a foreign SA 3518. Mr. PAUL submitted an the training facility for not more than 2 days country whenever necessary to participate in amendment intended to be proposed to of such training; and the program; and amendment SA 3464 submitted by Mr. ‘‘(III) not more than 3 days of such training ‘‘(ii) shall take such actions as are within THUNE (for himself and Mr. NELSON) to to be in the form of certified online training the authority of the Secretary to ensure that the bill H.R. 636, to amend the Internal administered by the Department of Home- a Federal flight deck officer may carry a Revenue Code of 1986 to permanently land Security. firearm while engaged in providing foreign extend increased expensing limita- ‘‘(ii) RECURRENT TRAINING.—The Secretary air transportation. may require— ‘‘(B) CONSISTENCY WITH FEDERAL AIR MAR- tions, and for other purposes; which ‘‘(I) recurrent training of not more than 2 SHAL PROGRAM.—The Secretary shall work to was ordered to lie on the table; as fol- days, not more frequently than once every 5 make policies relating to the carriage of fire- lows: years, for a pilot to maintain deputization as arms on flights in foreign air transportation At the end of title II, add the following: a Federal flight deck officer; by Federal flight deck officers consistent Subtitle ll—Arm All Pilots Act ‘‘(II) the pilot to be physically present at with the policies of the Federal air marshal the training facility for a full-day training program for carrying firearms on such SEC. ll01. SHORT TITLE. session for not more than one day of such flights.’’. This subtitle may be cited as the ‘‘Arm All training; and (c) CARRIAGE OF FIREARM IN PASSENGER Pilots Act of 2016’’. ‘‘(III) not more than one day of such train- CABIN.— SEC. ll02. FACILITATION OF AND LIMITATIONS ing to be in the form of certified online (1) RULE OF CONSTRUCTION.—Section 44921 is ON TRAINING OF FEDERAL FLIGHT training administered by the Department of amended by adding at the end the following: DECK OFFICERS. Homeland Security.’’. ‘‘(l) RULE OF CONSTRUCTION.—Nothing in (a) IMPROVED ACCESS TO TRAINING FACILI- (d) OTHER MEASURES TO FACILITATE TRAIN- this section shall be construed to require a TIES.—Section 44921(c)(2)(C)(ii) is amended— ING.—Section 44921(e) is amended— Federal flight deck officer to place a firearm (1) by striking ‘‘The training of’’ and in- (1) by striking ‘‘Pilots participating’’ and in a locked container, or in any other man- serting the following: inserting the following: ner render the firearm unavailable, when the ‘‘(I) IN GENERAL.—The training of’’; and ‘‘(1) IN GENERAL.—Pilots participating’’; cockpit door is opened.’’. (2) by adding at the end the following: and (2) CONFORMING REPEAL.—Section ‘‘(II) ACCESS TO TRAINING FACILITIES.—Not (2) by adding at the end the following: 44921(b)(3) is amended— later than 180 days after the date of the en- ‘‘(2) FACILITATION OF TRAINING.— (A) by striking subparagraph (G); and actment of the Arm All Pilots Act of 2016, ‘‘(A) TIME OFF FOR TRAINING.—An air car- (B) by redesignating subparagraphs (H) the Secretary shall— rier shall permit a Federal flight deck officer through (N) as subparagraphs (G) through ‘‘(aa) designate 5 additional firearms train- or a pilot seeking to be deputized as a Fed- (M), respectively. ing facilities located in various regions of eral flight deck officer to take a reasonable (d) REGULATIONS.—Not later than 180 days the United States for Federal flight deck of- amount of leave from work to participate in after the date of the enactment of this Act, the Secretary of Homeland Security shall— ficers relative to the number of such facili- initial and recurrent training for the pro- (1) prescribe regulations on the proper ties available on the day before such date of gram. An air carrier shall not be obligated to storage of firearms when a Federal flight enactment; provide such an officer or pilot compensation deck officer is at home or where the officer ‘‘(bb) designate firearms training facilities for such leave. is residing when traveling; and approved before such date of enactment for ‘‘(B) PRACTICE AMMUNITION.—At the request (2) revise the procedural requirements es- recurrent training of Federal flight deck of- of a Federal flight deck officer, the Sec- tablished under section 44921(b)(1) of title 49, ficers as facilities approved for initial train- retary shall provide to the officer sufficient United States Code, to implement the ing and certification of pilots seeking to be practice ammunition to conduct at least one amendments made by subsection (c). deputized as Federal flight deck officers; and practice course every month.’’. ‘‘(cc) designate additional firearms train- SEC. ll04. PHYSICAL STANDARDS FOR FEDERAL SEC. ll03. CARRIAGE OF FIREARMS BY FED- FLIGHT DECK OFFICERS. ing facilities for recurrent training of Fed- ERAL FLIGHT DECK OFFICERS. Section 44921(d)(2) is amended— eral flight deck officers relative to the num- (a) GENERAL AUTHORITY.—Section 44921(f) (1) by redesignating subparagraphs (A), (B), is amended— ber of such facilities available on the day be- and (C) as clauses (i), (ii), and (iii), respec- fore such date of enactment.’’. (1) by redesignating paragraphs (2) and (3) tively, and by moving such clauses, as so re- (b) FIREARMS REQUALIFICATION FOR FED- as paragraphs (4) and (5), respectively; and designated, 2 ems to the right; ERAL FLIGHT DECK OFFICERS.—Section (2) by striking paragraph (1) and inserting (2) by striking ‘‘A pilot is’’ and inserting 44921(c)(2)(C)(iii) is amended— the following: the following: (1) by striking ‘‘The Under Secretary ‘‘(1) IN GENERAL.—The Secretary shall au- ‘‘(A) IN GENERAL.—A pilot is’’; and shall’’ and inserting the following: thorize a Federal flight deck officer to carry (3) by adding at the end the following: ‘‘(I) IN GENERAL.—The Secretary shall’’; a firearm while engaged in providing air ‘‘(B) CONSISTENCY WITH REQUIREMENTS FOR (2) in subclause (I), as designated by para- transportation or intrastate air transpor- CERTAIN MEDICAL CERTIFICATES.—In estab- graph (1), by striking ‘‘the Under Secretary’’ tation. The authority provided to a Federal lishing standards under subparagraph (A)(ii), and inserting ‘‘the Secretary, but not more flight deck officer under this paragraph in- the Secretary may not establish medical or frequently than once every 6 months,’’; and cludes the authority to carry a firearm— physical standards for a pilot to become a (3) by adding at the end the following: ‘‘(A) on the officer’s body, loaded, and Federal flight deck officer that are incon- ‘‘(II) USE OF FACILITIES FOR REQUALIFICA- holstered; sistent with or more stringent than the re- TION.—The Secretary shall allow a Federal ‘‘(B) when traveling to a flight duty assign- quirements of the Federal Aviation Adminis- flight deck officer to requalify to carry a ment, throughout the duty assignment, and tration for the issuance of a first- or second- firearm under the program through training when traveling from a flight duty assign- class airman medical certificate under part at a private or government-owned gun range ment to the officer’s home or place where 67 of title 14, Code of Federal Regulations (or certified to provide firearm requalification the officer is residing when traveling; and any corresponding similar regulation or rul- training. ‘‘(C) in the passenger cabin and while trav- ing).’’. ‘‘(III) SELF-REPORTING.—The Secretary eling in a cockpit jump seat. SEC. ll05. TRANSFER OF FEDERAL FLIGHT shall determine that a Federal flight deck ‘‘(2) CONCEALED CARRY.—A Federal flight DECK OFFICERS FROM INACTIVE TO officer has met the requirements to requalify deck officer shall make reasonable efforts to ACTIVE STATUS. to carry a firearm under the program if— keep the officer’s firearm concealed when in Section 44921(d) is amended by adding at ‘‘(aa) the officer reports to the Secretary public. the end the following: that the officer has participated in a suffi- ‘‘(3) PURCHASE OF FIREARM BY OFFICER.— ‘‘(5) TRANSFER FROM INACTIVE TO ACTIVE cient number of hours of training to re- Notwithstanding subsection (c)(1), a Federal STATUS.—A pilot deputized as a Federal

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(H) the Committee on Financial Services Section 44921, as amended by section of the House of Representatives. ll03(c)(1), is further amended by adding at SA 3519. Mr. TESTER (for himself the end the following: and Mr. DAINES) submitted an amend- SA 3521. Mr. MURPHY submitted an ‘‘(m) FACILITATION OF SECURITY SCREENING ment intended to be proposed to amendment intended to be proposed by OF FEDERAL FLIGHT DECK OFFICERS.— amendment SA 3464 submitted by Mr. him to the bill H.R. 636, to amend the ‘‘(1) ELIGIBILITY FOR EXPEDITED SCREEN- THUNE (for himself and Mr. NELSON) to Internal Revenue Code of 1986 to per- ING.—The Secretary shall allow a Federal flight deck officer to be screened through the the bill H.R. 636, to amend the Internal manently extend increased expensing crew member identity verification program Revenue Code of 1986 to permanently limitations, and for other purposes; of the Transportation Security Administra- extend increased expensing limita- which was ordered to lie on the table; tion (commonly known as the ‘Known Crew tions, and for other purposes; which as follows: Member program’) when entering the sterile was ordered to lie on the table; as fol- At the appropriate place, insert the fol- area of an airport. lows: lowing: ‘‘(2) PROHIBITION ON PAPERWORK.—The Sec- On page 41, line 25, strike ‘‘Section’’ and SEC. ll. PERIODIC AUDITS BY INSPECTOR GEN- retary may not require a Federal flight deck insert the following: ERAL OF THE DEPARTMENT OF officer to fill out any forms or paperwork (a) IN GENERAL.—Section TRANSPORTATION OF BUY AMER- when entering the sterile area of an airport. On page 42, between lines 7 and 8, insert ICAN ACT CONTRACTING COMPLI- ‘‘(3) STERILE AREA DEFINED.—In this sub- the following: ANCE. section, the term ‘sterile area’ has the mean- (b) GRANDFATHER RULE.—Section (a) REQUIREMENT FOR PERIODIC AUDITS OF ing given that term in section 1540.5 of title 47109(c)(2) is amended by inserting ‘‘or non- CONTRACTING COMPLIANCE.—The Inspector 49, Code of Federal Regulations (or any cor- primary commercial service airport that is’’ General of the Department of Transportation responding similar regulation or ruling).’’. after ‘‘primary non-hub airport’’. shall conduct periodic audits of contracting SEC. ll07. TECHNICAL CORRECTIONS. practices and policies related to procure- Section 44921, as amended by this subtitle, SA 3520. Mr. TESTER (for himself, ment requirements under chapter 83 of title is further amended— Mr. HOEVEN, and Ms. HEITKAMP) sub- 41, United States Code. (b) REQUIREMENT FOR ADDITIONAL INFORMA- (1) in subsection (a), by striking ‘‘Under mitted an amendment intended to be TION IN SEMIANNUAL REPORTS.—The Inspector Secretary of Transportation for Security’’ proposed to amendment SA 3464 sub- and inserting ‘‘Secretary of Homeland Secu- General of the Department of Transportation mitted by Mr. THUNE (for himself and rity’’; shall ensure that findings and other informa- (2) in subsection (d)(4), by striking ‘‘may,’’ Mr. NELSON) to the bill H.R. 636, to tion resulting from audits conducted pursu- and inserting ‘‘may’’; amend the Internal Revenue Code of ant to subsection (a) are included in the (3) in subsection (i)(2), by striking ‘‘the 1986 to permanently extend increased semiannual report transmitted to congres- Under Secretary may’’ and inserting ‘‘may’’; expensing limitations, and for other sional committees under section 8(f) of the (4) in subsection (k)— purposes; which was ordered to lie on Inspector General Act of 1978 (5 U.S.C. App). (A) by striking paragraphs (2) and (3); and the table; as follows: (B) by striking ‘‘APPLICABILITY’’ and all SA 3522. Ms. CANTWELL (for herself, On page 201, between lines 9 and 10, insert that follows through ‘‘This section’’ and in- Mrs. MURRAY, and Mr. BLUMENTHAL) the following: serting ‘‘APPLICABILITY.—This section’’; submitted an amendment intended to (e) REPORT ON COSTS ASSOCIATED WITH AIR (5) by adding at the end the following: AMBULANCE OPERATIONS AND SOLUTIONS TO be proposed to amendment SA 3464 sub- ‘‘(n) DEFINITIONS.—In this section: IMPROVE AFFORDABILITY.— mitted by Mr. THUNE (for himself and ‘‘(1) PILOT.—The term ‘pilot’ means an in- (1) STUDY.—The Comptroller General of the Mr. NELSON) to the bill H.R. 636, to dividual who has final authority and respon- United States shall conduct a study of— amend the Internal Revenue Code of sibility for the operation and safety of the (A) the costs associated with conducting flight or any other flight deck crew member. 1986 to permanently extend increased air ambulance operations; ‘‘(2) ALL-CARGO AIR TRANSPORTATION.—The expensing limitations, and for other (B) prices charged to consumers for air am- term ‘air transportation’ includes all-cargo purposes; which was ordered to lie on bulance operations; air transportation.’’; and (C) methods for consumers to cover costs the table; as follows: (6) by striking ‘‘Under Secretary’’ each of air ambulance operations; and On page 189, strike lines 2 through 11, and place it appears and inserting ‘‘Secretary’’. (D) solutions to improve the overall afford- insert the following: SEC. ll08. REFUNDS OF CERTAIN SECURITY ability of air ambulance operations. (b) CONTENTS.—In revising the regulations SERVICE FEES FOR AIR CARRIERS (2) CONSIDERATIONS.—In conducting the under subsection (a), the Administrator shall WITH FEDERAL FLIGHT DECK OFFI- study required under paragraph (1), the ensure that a flight attendant scheduled to a CERS ON ALL FLIGHTS. duty period of 14 hours or less is given a Section 44940 is amended by adding at the Comptroller General shall consider— (A) data pertaining to the final cost to the scheduled rest period of at least 10 consecu- end the following: tive hours and that such rest period is not ‘‘(j) REFUND OF FEES FOR AIR CARRIERS consumer for utilizing air ambulance oper- reduced under any circumstances. WITH FEDERAL FLIGHT DECK OFFICERS ON ALL ations; (B) the frequency of inclusion of coverage FLIGHTS.—From fees received in a fiscal year SA 3523. Mr. SCOTT (for himself, Mr. under subsection (a)(1), each air carrier that for air ambulance operations in health insur- GRAHAM, and Mr. ISAKSON) submitted certifies to the Secretary of Homeland Secu- ance plans; and rity that all flights operated by the air car- (C) any unique qualities of air ambulance an amendment intended to be proposed rier have on board a pilot deputized as a Fed- operations that would warrant additional to amendment SA 3464 submitted by eral flight deck officer under section 44921 Federal or State oversight on prices, routes, Mr. THUNE (for himself and Mr. NEL- shall receive an amount equal to 10 percent and service. SON) to the bill H.R. 636, to amend the of the fees collected under subsection (a)(1) (3) REPORT.—Not later than 1 year after Internal Revenue Code of 1986 to per- from passengers on flights operated by that the date of the enactment of this Act, the manently extend increased expensing air carrier in that fiscal year.’’. Comptroller General shall submit a report containing the results of the study con- limitations, and for other purposes; SEC. ll09. TREATMENT OF INFORMATION which was ordered to lie on the table; ABOUT FEDERAL FLIGHT DECK OF- ducted under this subsection and the Comp- FICERS AS SENSITIVE SECURITY IN- troller General’s findings, conclusions, and as follows: FORMATION. recommendations to— At the appropriate place, insert the fol- Not later than 180 days after the date of (A) the Committee on Appropriations of lowing: the enactment of this Act, the Secretary of the Senate; SEC. llll. MODIFICATION OF CREDIT FOR Homeland Security shall revise section (B) the Committee on Commerce, Science, PRODUCTION FROM ADVANCED NU- 15.5(b)(11) of title 49, Code of Federal Regula- and Transportation of the Senate; CLEAR POWER FACILITIES. tions, to classify information about pilots (C) the Committee on Health, Education, (a) SPECIAL RULE FOR PUBLIC-PRIVATE deputized as Federal flight deck officers Labor, and Pensions of the Senate; PARTNERSHIPS.— under section 44921 of title 49, United States (D) the Committee on Finance of the Sen- (1) IN GENERAL.—Section 45J of the Inter- Code, as sensitive security information in a ate; nal Revenue Code of 1986 is amended— manner consistent with the classification of (E) the Committee on Appropriations of (A) by redesignating subsection (e) as sub- information about Federal air marshals. the House of Representatives; section (f), and

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(B) by inserting after subsection (d) the (b) SPECIAL RULE FOR PROCEEDS OF TRANS- family member over the age of 13 at no addi- following new subsection: FERS FOR MUTUAL OR COOPERATIVE ELECTRIC tional cost. ‘‘(e) SPECIAL RULE FOR PUBLIC-PRIVATE COMPANIES.—Section 501(c)(12) of the Inter- PARTNERSHIPS.— nal Revenue Code of 1986 is amended by add- SA 3525. Mr. MANCHIN submitted an ‘‘(1) TRANSFER OF CREDIT.— ing at the end the following new subpara- amendment intended to be proposed to ‘‘(A) IN GENERAL.—In the case of an ad- graph: amendment SA 3464 submitted by Mr. vanced nuclear power facility which is owned ‘‘(I) In the case of a mutual or cooperative THUNE (for himself and Mr. NELSON) to by a public private partnership or co-owned electric company described in this paragraph the bill H.R. 636, to amend the Internal by a qualified public entity and a non-public or an organization described in section Revenue Code of 1986 to permanently entity, any qualified public entity which is a 1381(a)(2), income received or accrued from a member of such partnership or a co-owner of extend increased expensing limita- transfer described in section 45J(e)(1) shall tions, and for other purposes; which such facility may transfer such entity’s allo- be treated as an amount collected from cation of the credit under subsection (a), or members for the sole purpose of meeting was ordered to lie on the table; as fol- any portion thereof, to— losses and expenses.’’. lows: ‘‘(i) any non-public entity which is a mem- (c) PERMANENT EXTENSION FOR QUALIFICA- On page 121, line 26, strike ‘‘shall’’ and in- ber of such partnership or which is a co- TION AS ADVANCED NUCLEAR POWER FACIL- sert ‘‘may’’. owner of such facility, ITY.—Subparagraph (B) of section 45J(d)(1) of ‘‘(ii) any person responsible for designing the Internal Revenue Code of 1986 is amended SA 3526. Mr. FLAKE (for himself and the facility, or by striking ‘‘and before January 1, 2021’’. Mr. MCCAIN) submitted an amendment ‘‘(iii) any person responsible for, or partici- (d) MODIFICATION OF LIMITATION.—Section intended to be proposed to amendment pating in, construction of the facility. 45J(b) of the Internal Revenue Code of 1986 is SA 3464 submitted by Mr. THUNE (for Any amount transferred to another person amended by striking paragraphs (3) and (4) himself and Mr. NELSON) to the bill under this paragraph shall be subject to the and inserting the following: H.R. 636, to amend the Internal Rev- limitations under subsections (b) and (c) and ‘‘(3) ALLOCATION OF LIMITATION.—The Sec- enue Code of 1986 to permanently ex- section 38. retary shall allocate the national megawatt tend increased expensing limitations, ‘‘(B) SPECIAL RULE FOR CERTAIN TAX- capacity limitation to each facility in an PAYERS.—Under regulations promulgated by amount equal to the nameplate capacity of and for other purposes; which was or- the Secretary, in the case of any person de- the facility in the order in which the facility dered to lie on the table; as follows: scribed in subparagraph (ii) and (iii) of sub- was placed in service.’’. At the end of subtitle E of title II, add the paragraph (A) to whom a credit is trans- (e) EFFECTIVE DATE.— following: ferred— (1) IN GENERAL.—Except as provided in SEC. 2506. AIRSPACE MANAGEMENT ADVISORY ‘‘(i) such person shall be treated as an paragraphs (2) and (3), the amendments made COMMITTEE. owner of the advanced nuclear power facility by this section shall apply to electricity pro- (a) IN GENERAL.—Not later than 180 days to which the credit relates, and duced in taxable years beginning after the after the date of the enactment of this Act, ‘‘(ii) such person shall be treated as the date of the enactment of this Act. the Administrator shall establish an advi- producer and seller of so much of the elec- (2) PROCEEDS OF MUTUAL OR COOPERATIVE sory committee to carry out the duties de- scribed in subsection (b). tricity produced and sold at such facility as ELECTRIC COMPANIES.—The amendment made (b) DUTIES.—The advisory committee bears the same ratio to all such electricity by subsection (b) shall apply to taxable years shall— produced and sold as the amount of credit beginning after the date of the enactment of (1) conduct a review of the practices and transferred under paragraph (1) bears to the this Act. procedures of the Federal Aviation Adminis- total amount of credit allocated to the quali- (3) ALLOCATION OF LIMITATION.—The amend- tration for developing proposals with respect fied public entity. ment made by subsection (d) shall apply to to changes in regulations, policies, or guid- ‘‘(2) QUALIFIED PUBLIC ENTITY.—For pur- allocations made after the date of the enact- ance of the Federal Aviation Administration poses of this subsection, the term ‘qualified ment of this Act. public entity’ means— relating to airspace that affect airport oper- ‘‘(A) a Federal, State, or local government ations, airport capacity, the environment, or SA 3524. Mr. BENNET submitted an communities in the vicinity of airports, in- entity, or any political subdivision, agency, amendment intended to be proposed to or instrumentality thereof, cluding— ‘‘(B) a mutual or cooperative electric com- amendment SA 3464 submitted by Mr. (A) an assessment of the extent to which pany described in section 501(c)(12) or section THUNE (for himself and Mr. NELSON) to there is consultation, or a lack of consulta- 1381(a)(2), or the bill H.R. 636, to amend the Internal tion, with respect to such proposals— ‘‘(C) a not-for-profit electric utility which Revenue Code of 1986 to permanently (i) between and among the affected ele- has or had received a loan or loan guarantee extend increased expensing limita- ments of the Federal Aviation Administra- under the Rural Electrification Act of 1936. tions, and for other purposes; as fol- tion, including the Air Traffic Organization, the Office of Airports, the Flight Standards ‘‘(3) VERIFICATION OF TRANSFER OF ALLOCA- lows: TION.—A qualified public entity that makes a Service, the Office of NextGen, and the Of- transfer under paragraph (1), and a nonpublic Strike section 3113 and insert the fol- fice of Energy and Environment; and entity that receives an allocation under such lowing: (ii) between the Federal Aviation Adminis- a transfer, shall provide verification of such SEC. 3113. LASTING IMPROVEMENTS TO FAMILY tration and affected entities, including air- transfer in such manner and at such time as TRAVEL. ports, aircraft operators, communities, and the Secretary shall prescribe. (a) SHORT TITLE.—This section may be State and local governments; ‘‘(4) TREATMENT OF TRANSFER UNDER PRI- cited as the ‘‘Lasting Improvements to Fam- (2) recommend revisions to such practices VATE USE RULES.—For purposes of section ily Travel Act’’ or the ‘‘LIFT Act’’. and procedures to improve communications 141(b)(1), any benefit derived by a non-public (b) ACCOMPANYING MINORS FOR SECURITY and coordination between and among af- entity in connection with a transfer under SCREENING.—The Administrator of the fected elements of the Federal Aviation Ad- paragraph (1) shall not be taken into account Transportation Security Administration ministration and with other affected entities as a private business use.’’. shall formalize security screening procedures with respect to proposals described in para- (2) COORDINATION WITH GENERAL BUSINESS that allow for one adult family caregiver to graph (1) and the potential effects of such CREDIT.—Subsection (c) of section 38 of the accompany a minor child throughout the en- proposals; Internal Revenue Code of 1986 is amended by tirety of the security screening process. (3) conduct a review of the management by adding at the end the following new para- (c) SPECIAL ACCOMMODATIONS FOR PREG- the Federal Aviation Administration of sys- graph: NANT WOMEN.—Not later than 180 days after tems and information used to evaluate data ‘‘(7) SPECIAL RULE FOR CREDIT FOR PRODUC- the date of the enactment of this Act, the relating to obstructions to air navigation or TION FROM ADVANCED NUCLEAR POWER FACILI- Secretary of Transportation shall prescribe navigational facilities under part 77 of title TIES.— regulations under section 41705 of title 49, 14, Code of Federal Regulations; and ‘‘(A) IN GENERAL.—In the case of the credit United States Code, that direct all air car- (4) make recommendations to ensure that for production from advanced nuclear power riers to include pregnant women in their the data described in paragraph (3) is pub- facilities determined under section 45J(a), nondiscrimination policies, including poli- licly accessible and streamlined to ensure paragraph (1) shall not apply with respect to cies with respect to preboarding or advance developers, airport operators, and other in- any qualified public entity (as defined in sec- boarding of aircraft. terested parties may obtain relevant infor- tion 45J(e)(2)) which transfers the entity’s al- (d) FAMILY SEATING.—Not later than 180 mation concerning potential obstructions location of such credit as provided in section days after the date of the enactment of this when working to preserve and create a safe 45J(e)(1). Act, the Secretary shall prescribe regula- and efficient navigable airspace. ‘‘(B) VERIFICATION OF TRANSFER.—Subpara- tions directing each air carrier to establish a (c) MEMBERSHIP.—The membership of the graph (A) shall not apply to any qualified policy that ensures that, if a family is trav- advisory committee established under sub- public entity unless such entity provides eling on a reservation with a child under the section (a) shall include representatives of— verification of a transfer of credit allocation age of 13, that child is able to sit in a seat (1) air carriers, including passenger and as required under section 45J(e)(3).’’. adjacent to the seat of an accompanying cargo air carriers;

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.032 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1818 CONGRESSIONAL RECORD — SENATE April 7, 2016 (2) general aviation, including business (G) title X of the Coast Guard Authoriza- tion substances, boat engine wet exhaust, aviation and fixed wing aircraft and tion Act of 2010 (33 U.S.C. 3801 et seq.), which sonar dome effluent, exhaust gas scrubber rotocraft; provided for the implementation of the washwater, or stern tube packing gland ef- (3) airports of various sizes and types; International Convention on the Control of fluent; or (4) air traffic controllers; and Harmful Anti-Fouling Systems on Ships, (bb) any other pollutant associated with (5) State aviation officials. 2001. the operation of a marine propulsion system, (d) REPORT REQUIRED.—Not later than one (b) PURPOSE.—The purpose of this title is shipboard maneuvering system, habitability year after the establishment of the advisory to provide for the establishment of nation- system, or installed major equipment, or committee under subsection (a), the advisory ally uniform and environmentally sound from a protective, preservative, or absorp- committee shall submit to Congress a report standards and requirements for the manage- tive application to the hull of a vessel; on the actions taken by the advisory com- ment of discharges incidental to the normal (II) weather deck runoff, deck wash, aque- mittee to carry out the duties described in operation of a vessel. ous film forming foam effluent, chain locker subsection (b). SEC. l03. DEFINITIONS. effluent, non-oily machinery wastewater, un- In this title: derwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning SA 3527. Mr. RUBIO (for himself, Mr. (1) ADMINISTRATOR.—The term ‘‘Adminis- BLUNT, Mrs. CAPITO, Mr. CASSIDY, Mr. trator’’ means the Administrator of the En- effluent; or (III) any effluent from a properly func- GRAHAM, Mr. MANCHIN, Mr. RISCH, Mrs. vironmental Protection Agency. tioning marine engine; or SHAHEEN, Mr. SULLIVAN, and Mr. VIT- (2) AQUATIC NUISANCE SPECIES.—The term (ii) a discharge of a pollutant into navi- ‘‘aquatic nuisance species’’ means a non- TER) submitted an amendment in- gable waters in connection with the testing, indigenous species (including a pathogen) tended to be proposed to amendment maintenance, or repair of a system, equip- that threatens the diversity or abundance of SA 3464 submitted by Mr. THUNE (for ment, or engine described in subclause (I)(bb) native species or the ecological stability of himself and Mr. NELSON) to the bill or (III) of clause (i) whenever the vessel is navigable waters or commercial, agricul- waterborne. H.R. 636, to amend the Internal Rev- tural, aquacultural, or recreational activi- (B) EXCLUSIONS.—The term ‘‘discharge in- enue Code of 1986 to permanently ex- ties dependent on such waters. tend increased expensing limitations, cidental to the normal operation of a vessel’’ (3) BALLAST WATER.— does not include— and for other purposes; which was or- (A) IN GENERAL.—The term ‘‘ballast water’’ (i) a discharge into navigable waters from dered to lie on the table; as follows: means any water and water-suspended mat- a vessel of— At the appropriate place, insert the fol- ter taken aboard a vessel— (I) rubbish, trash, garbage, incinerator ash, lowing: (i) to control or maintain trim, list, or other such material discharged overboard; draught, stability, or stresses of the vessel; — (II) oil or a hazardous substance as those TITLE ll VESSEL INCIDENTAL or DISCHARGE ACT terms are defined in section 311 of the Fed- (ii) during the cleaning, maintenance, or eral Water Pollution Control Act (33 U.S.C. SEC. l01. SHORT TITLE. other operation of a ballast water treatment 1321); This title may be cited as the ‘‘Vessel Inci- technology of the vessel. (III) sewage as defined in section 312(a)(6) dental Discharge Act’’. (B) EXCLUSIONS.—The term ‘‘ballast water’’ of the Federal Water Pollution Control Act SEC. l02. FINDINGS; PURPOSE. does not include any substance that is added (33 U.S.C. 1322(a)(6)); or (a) FINDINGS.—Congress makes the fol- to water described in subparagraph (A) that (IV) graywater referred to in section lowing findings: is not directly related to the operation of a 312(a)(6) of the Federal Water Pollution Con- (1) Since the enactment of the Act to Pre- properly functioning ballast water treatment trol Act (33 U.S.C. 1322(a)(6)); vent Pollution from Ships (22 U.S.C. 1901 et technology under this title. (ii) an emission of an air pollutant result- seq.) in 1980, the United States Coast Guard (4) BALLAST WATER DISCHARGE STANDARD.— ing from the operation onboard a vessel of a has been the principal Federal authority The term ‘‘ballast water discharge standard’’ vessel propulsion system, motor driven charged with administering, enforcing, and means the numerical ballast water discharge equipment, or incinerator; or prescribing regulations relating to the dis- standard set forth in section 151.2030 of title (iii) a discharge into navigable waters from charge of pollutants from vessels engaged in 33, Code of Federal Regulations or section a vessel when the vessel is operating in a ca- maritime commerce and transportation. 151.1511 of title 33, Code of Federal Regula- pacity other than as a means of transpor- (2) The Coast Guard estimates there are tions, as applicable, or a revised numerical tation on water. approximately 21,560,000 State-registered ballast water discharge standard established (8) GEOGRAPHICALLY LIMITED AREA.—The recreational vessels, 75,000 commercial fish- under subsection (a)(1)(B), (b), or (c) of sec- term ‘‘geographically limited area’’ means ing vessels, and 33,000 freight and tank tion l05. an area— barges operating in United States waters. (5) BALLAST WATER MANAGEMENT SYSTEM; (A) with a physical limitation, including (3) From 1973 to 2005, certain discharges in- MANAGEMENT SYSTEM.—The terms ‘‘ballast limitation by physical size and limitation by cidental to the normal operation of a vessel water management system’’ and ‘‘manage- authorized route such as the Great Lakes were exempted by regulation from otherwise ment system’’ mean any system, including and St. Lawrence River, that prevents a ves- applicable permitting requirements. all ballast water treatment equipment and sel from operating outside the area, as deter- (4) During the 32 years during which this associated control and monitoring equip- mined by the Secretary; or regulatory exemption was in effect, Congress ment, used to process ballast water to kill, (B) that is ecologically homogeneous, as enacted several statutes to deal with the reg- remove, render harmless, or avoid the up- determined by the Secretary, in consultation ulation of discharges incidental to the nor- take or discharge of organisms. with the heads of other Federal departments mal operation of a vessel, including— (6) BIOCIDE.—The term ‘‘biocide’’ means a or agencies as the Secretary considers appro- (A) the Act to Prevent Pollution from substance or organism, including a virus or priate. Ships (33 U.S.C. 1901 et seq.) in 1980; fungus, that is introduced into or produced (9) MANUFACTURER.—The term ‘‘manufac- (B) the Nonindigenous Aquatic Nuisance by a ballast water management system to re- turer’’ means a person engaged in the manu- Prevention and Control Act of 1990 (16 U.S.C. duce or eliminate aquatic nuisance species facture, assemblage, or importation of bal- 4701 et seq.); as part of the process used to comply with a last water treatment technology. (C) the National Invasive Species Act of ballast water discharge standard under this (10) NAVIGABLE WATERS.—The term ‘‘navi- 1996 (110 Stat. 4073); title. gable waters’’ has the meaning given the (D) section 415 of the Coast Guard Author- (7) DISCHARGE INCIDENTAL TO THE NORMAL term in section 2.36 of title 33, Code of Fed- ization Act of 1998 (112 Stat. 3434) and section OPERATION OF A VESSEL.— eral Regulations, as in effect on the date of 623 of the Coast Guard and Maritime Trans- (A) IN GENERAL.—The term ‘‘discharge inci- the enactment of this Act. portation Act of 2004 (33 U.S.C. 1901 note), dental to the normal operation of a vessel’’ (11) SECRETARY.—The term ‘‘Secretary’’ which established interim and permanent re- means— means the Secretary of the department in quirements, respectively, for the regulation (i) a discharge into navigable waters from which the Coast Guard is operating. of vessel discharges of certain bulk cargo a vessel of— (12) VESSEL.—The term ‘‘vessel’’ means residue; (I)(aa) ballast water, graywater, bilge every description of watercraft or other arti- (E) title XIV of division B of Appendix D of water, cooling water, oil water separator ef- ficial contrivance used, or practically or oth- the Consolidated Appropriations Act, 2001 fluent, anti-fouling hull coating leachate, erwise capable of being used, as a means of (114 Stat. 2763), which prohibited or limited boiler or economizer blowdown, byproducts transportation on water. certain vessel discharges in certain areas of from cathodic protection, controllable pitch SEC. l04. REGULATION AND ENFORCEMENT. Alaska; propeller and thruster hydraulic fluid, dis- (a) IN GENERAL.— (F) section 204 of the Maritime Transpor- tillation and reverse osmosis brine, elevator (1) ESTABLISHMENT.—The Secretary, in tation Security Act of 2002 (33 U.S.C. 1902a), pit effluent, firemain system effluent, fresh- consultation with the Administrator, shall which established requirements for the regu- water layup effluent, gas turbine wash establish, implement, and enforce uniform lation of vessel discharges of agricultural water, motor gasoline and compensating ef- national standards and requirements for the cargo residue material in the form of hold fluent, refrigeration and air condensate ef- regulation of discharges incidental to the washings; and fluent, seawater pumping biofouling preven- normal operation of a vessel.

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(2) BASIS.—Except as provided under para- forth in the final rule, Standards for Living (ii) improvements in ballast water manage- graph (3), the standards and requirements es- Organisms in Ships’ Ballast Water Dis- ment systems, including— tablished under paragraph (1)— charged in U.S. Waters (77 Fed. Reg. 17254 (I) the capability of such management sys- (A) with respect to ballast water, shall be (March 23, 2012), as corrected at 77 Fed. Reg. tems to achieve a revised ballast water dis- based upon the best available technology 33969 (June 8, 2012)), shall be the manage- charge standard; that is economically achievable; ment requirements for a ballast water dis- (II) the effectiveness and reliability of such (B) with respect to discharges incidental to charge incidental to the normal operation of management systems in the shipboard envi- the normal operation of a vessel other than a vessel until the Secretary revises the bal- ronment; ballast water, shall be based on best manage- last water discharge standard under sub- (III) the compatibility of such manage- ment practices; and section (b) or adopts a more stringent State ment systems with the design and operation (C) shall supersede any permitting require- standard under subparagraph (B). of a vessel by class, type, and size; ment or prohibition on discharges incidental (B) ADOPTION OF MORE STRINGENT STATE (IV) the commercial availability of such to the normal operation of a vessel under STANDARD.—If the Secretary makes a deter- management systems; and any other provision of law. mination in favor of a State petition under (V) the safety of such management sys- (3) RULE OF CONSTRUCTION.—The standards section 610, the Secretary shall adopt the tems; and requirements established under para- more stringent ballast water discharge (iii) improvements in the capabilities to graph (1) shall not supersede regulations, in standard specified in the statute or regula- detect, quantify, and assess the viability of place on the date of the enactment of this tion that is the subject of that State petition aquatic nuisance species at the concentra- Act or established by a rulemaking pro- instead of the ballast water discharge stand- tions under consideration; ceeding after such date of enactment, which ard in the final rule described under subpara- (iv) the impact of ballast water manage- cover a discharge in a national marine sanc- graph (A). ment systems on water quality; and tuary or in a marine national monument. (2) INITIAL MANAGEMENT REQUIREMENTS FOR (v) the costs, cost-effectiveness, and im- (b) ADMINISTRATION AND ENFORCEMENT.— DISCHARGES OTHER THAN BALLAST WATER.— pacts of— The Secretary shall administer and enforce Not later than 2 years after the date of en- (I) a revised ballast water discharge stand- the uniform national standards and require- actment of this Act, the Secretary, in con- ard, including the potential impacts on ship- ments under this title. Each State may en- sultation with the Administrator, shall issue ping, trade, and other uses of the aquatic en- force the uniform national standards and re- a final rule establishing best management vironment; and quirements under this title. practices for discharges incidental to the (II) maintaining the existing ballast water (c) SANCTIONS.— normal operation of a vessel other than bal- discharge standard, including the potential (1) CIVIL PENALTIES.— last water. impacts on water-related infrastructure, (A) BALLAST WATER.—Any person who vio- (b) REVISED BALLAST WATER DISCHARGE recreation, propagation of native fish, shell- lates a regulation issued pursuant to this STANDARD; 8-YEAR REVIEW.— fish, and wildlife, and other uses of navigable title regarding a discharge incidental to the (1) IN GENERAL.—Subject to the feasibility waters. normal operation of a vessel of ballast water review under paragraph (2), not later than (C) LOWER REVISED DISCHARGE STANDARD.— shall be liable for a civil penalty in an January 1, 2024, the Secretary, in consulta- (i) IN GENERAL.—If the Secretary, in con- amount not to exceed $25,000. Each day of a tion with the Administrator, shall issue a sultation with the Administrator, deter- continuing violation constitutes a separate final rule revising the ballast water dis- mines on the basis of the feasibility review violation. charge standard under subsection (a)(1) so and after an opportunity for a public hearing (B) OTHER DISCHARGE.—Any person who that a ballast water discharge incidental to that no ballast water management system violates a regulation issued pursuant to this the normal operation of a vessel will con- can be certified under section l06 to comply title regarding a discharge incidental to the tain— with the revised ballast water discharge normal operation of a vessel other than bal- (A) less than 1 organism that is living or standard under paragraph (1), the Secretary last water shall be liable for a civil penalty has not been rendered harmless per 10 cubic shall require the use of the management sys- in an amount not to exceed $10,000. Each day meters that is 50 or more micrometers in tem that achieves the performance levels of of a continuing violation constitutes a sepa- minimum dimension; the best available technology that is eco- rate violation. (B) less than 1 organism that is living or nomically achievable. (C) IN REM LIABILITY.—A vessel operated in has not been rendered harmless per 10 milli- (ii) IMPLEMENTATION DEADLINE.—If the Sec- violation of a regulation issued under this liters that is less than 50 micrometers in retary, in consultation with the Adminis- title shall be liable in rem for any civil pen- minimum dimension and more than 10 mi- trator, determines that the management sys- alty assessed under this subsection for that crometers in minimum dimension; tem under clause (i) cannot be implemented violation. (C) concentrations of indicator microbes before the implementation deadline under (2) CRIMINAL PENALTIES.— that are less than— paragraph (3) with respect to a class of ves- (A) BALLAST WATER.—Any person who (i) 1 colony-forming unit of toxicogenic sels, the Secretary shall extend the imple- knowingly violates a regulation issued pur- Vibrio cholera (serotypes O1 and O139) per mentation deadline for that class of vessels suant to this title regarding a discharge inci- 100 milliliters or less than 1 colony-forming for not more than 36 months. dental to the normal operation of a vessel of unit of that microbe per gram of wet weight (iii) COMPLIANCE.—If the implementation ballast water shall be punished by a fine of of zoological samples; deadline under paragraph (3) is extended, the not more than $100,000, imprisonment for not (ii) 126 colony-forming units of Escherichia Secretary shall recommend action to ensure more than 2 years, or both. coli per 100 milliliters; and compliance with the extended implementa- (B) OTHER DISCHARGE.—Any person who (iii) 33 colony-forming units of intestinal tion deadline under clause (ii). knowingly violates a regulation issued pur- enterococci per 100 milliliters; and (D) HIGHER REVISED DISCHARGE STANDARD.— suant to this title regarding a discharge inci- (D) concentrations of such additional indi- (i) IN GENERAL.—If the Secretary, in con- dental to the normal operation of a vessel cator microbes and of viruses as may be sultation with the Administrator, deter- other than ballast water shall be punished by specified in regulations issued by the Sec- mines that a ballast water management sys- a fine of not more than $50,000, imprisonment retary in consultation with the Adminis- tem exists that exceeds the revised ballast for not more than 1 year, or both. trator and such other Federal agencies as water discharge standard under paragraph (1) (3) REVOCATION OF CLEARANCE.—The Sec- the Secretary and the Administrator con- with respect to a class of vessels and is the retary shall withhold or revoke the clear- sider appropriate. best available technology that is economi- ance of a vessel required under section 60105 (2) FEASIBILITY REVIEW.— cally achievable, the Secretary shall revise of title 46, United States Code, if the owner (A) IN GENERAL.—Not less than 2 years be- the ballast water discharge standard for that or operator of the vessel is in violation of a fore January 1, 2024, the Secretary, in con- class of vessels to incorporate the higher dis- regulation issued pursuant to this Act. sultation with the Administrator, shall com- charge standard. (4) EXCEPTION TO SANCTIONS.—It shall be an plete a review to determine the feasibility of (ii) IMPLEMENTATION DEADLINE.—If the Sec- affirmative defense to any charge of a viola- achieving the revised ballast water discharge retary, in consultation with the Adminis- tion of this title that compliance with this standard under paragraph (1). trator, determines that the management sys- title would, because of adverse weather, (B) CRITERIA FOR REVIEW OF BALLAST WATER tem under clause (i) can be implemented be- equipment failure, or any other relevant con- DISCHARGE STANDARD.—In conducting a re- fore the implementation deadline under dition, have threatened the safety or sta- view under subparagraph (A), the Secretary paragraph (3) with respect to a class of ves- bility of a vessel, its crew, or its passengers. shall consider whether revising the ballast sels, the Secretary shall accelerate the im- SEC. l05. UNIFORM NATIONAL STANDARDS AND water discharge standard will result in a sci- plementation deadline for that class of ves- REQUIREMENTS FOR THE REGULA- TION OF DISCHARGES INCIDENTAL entifically demonstrable and substantial re- sels. If the implementation deadline under TO THE NORMAL OPERATION OF A duction in the risk of introduction or estab- paragraph (3) is accelerated, the Secretary VESSEL. lishment of aquatic nuisance species, taking shall provide not less than 24 months notice (a) REQUIREMENTS.— into account— before the accelerated deadline takes effect. (1) BALLAST WATER MANAGEMENT REQUIRE- (i) improvements in the scientific under- (3) IMPLEMENTATION DEADLINE.—The re- MENTS.— standing of biological and ecological proc- vised ballast water discharge standard under (A) IN GENERAL.—Notwithstanding any esses that lead to the introduction or estab- paragraph (1) shall apply to a vessel begin- other provision of law, the requirements set lishment of aquatic nuisance species; ning on the date of the first drydocking of

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.035 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1820 CONGRESSIONAL RECORD — SENATE April 7, 2016 the vessel on or after January 1, 2024, but not Administrator, and the heads of other Fed- lation, use, or maintenance of the manage- later than December 31, 2026. eral agencies as the Secretary considers ap- ment system onboard a vessel as is necessary (4) REVISED DISCHARGE STANDARD COMPLI- propriate, shall consider the criteria under for— ANCE DEADLINES.— section l05(b)(2)(B). (A) the safety of the vessel, the crew of the (A) IN GENERAL.—The Secretary may estab- (4) REVISION AFTER DECENNIAL REVIEW.— vessel, and any passengers aboard the vessel; lish a compliance deadline for compliance by The Secretary shall initiate a rulemaking to (B) the protection of the environment; or a vessel (or a class, type, or size of vessel) revise the current ballast water discharge (C) the effective operation of the manage- with a revised ballast water discharge stand- standard after a decennial review if the Sec- ment system. ard under this subsection. retary, in consultation with the Adminis- (2) FAILURE TO COMPLY.—The failure of an (B) PROCESS FOR GRANTING EXTENSIONS.—In trator, determines that revising the current owner or operator to comply with a condi- issuing regulations under this subsection, ballast water discharge standard would re- tion imposed under paragraph (1) shall be the Secretary shall establish a process for an sult in a scientifically demonstrable and sub- considered a violation of this section. owner or operator to submit a petition to the stantial reduction in the risk of the intro- (d) PERIOD FOR USE OF INSTALLED TREAT- Secretary for an extension of a compliance duction or establishment of aquatic nuisance MENT EQUIPMENT.—Notwithstanding any- deadline with respect to the vessel of the species. thing to the contrary in this title or any owner or operator. (d) ALTERNATIVE BALLAST WATER MANAGE- other provision of law, the Secretary shall (C) PERIOD OF EXTENSIONS.—An extension MENT REQUIREMENTS.—Nothing in this title allow a vessel on which a management sys- issued under subparagraph (B) may— may be construed to preclude the Secretary tem is installed and operated to meet a bal- (i) apply for a period of not to exceed 18 from authorizing the use of alternate means last water discharge standard under this months from the date of the applicable dead- or methods of managing ballast water (in- title to continue to use that system, not- line under subparagraph (A); and cluding flow-through exchange, empty/refill withstanding any revision of a ballast water (ii) be renewable for an additional period of exchange, and transfer to treatment facili- discharge standard occurring after the man- not to exceed 18 months. ties in place of a vessel ballast water man- agement system is ordered or installed until (D) FACTORS.—In issuing a compliance agement system required under this section) the expiration of the service life of the man- deadline or reviewing a petition under this if the Secretary, in consultation with the agement system, as determined by the Sec- paragraph, the Secretary shall consider, with Administrator, determines that such means retary, if the management system— respect to the ability of an owner or operator or methods would not pose a greater risk of (1) is maintained in proper working condi- to meet a compliance deadline, the following introduction of aquatic nuisance species in tion; and factors: navigable waters than the use of a ballast (2) is maintained and used in accordance (i) Whether the management system to be water management system that achieves the with the manufacturer’s specifications and installed is available in sufficient quantities applicable ballast water discharge standard. any management system certification condi- to meet the compliance deadline. (e) GREAT LAKES REQUIREMENTS.—In addi- tions imposed by the Secretary under this (ii) Whether there is sufficient shipyard or tion to the other standards and requirements section. other installation facility capacity. imposed by this section, in the case of a ves- (e) CERTIFICATES OF TYPE APPROVAL FOR (iii) Whether there is sufficient avail- sel that enters the Great Lakes through the THE TREATMENT TECHNOLOGY.— ability of engineering and design resources. St. Lawrence River after operating outside (1) ISSUANCE.—If the Secretary approves a (iv) Vessel characteristics, such as engine the exclusive economic zone of the United ballast water management system for cer- room size, layout, or a lack of installed pip- States the Secretary, in consultation with tification under subsection (b), the Secretary ing. the Administrator, shall establish a require- shall issue a certificate of type approval for (v) Electric power generating capacity ment that the vessel conduct saltwater the management system to the manufac- aboard the vessel. flushing of all ballast water tanks onboard turer in such form and manner as the Sec- (vi) Safety of the vessel and crew. prior to entry. retary determines appropriate. (vii) Any other factors the Secretary con- SEC. l06. TREATMENT TECHNOLOGY CERTIFI- (2) CERTIFICATION CONDITIONS.—A certifi- siders appropriate, including the availability CATION. cate of type approval issued under paragraph of a ballast water reception facility or other (a) CERTIFICATION REQUIRED.—Beginning on (1) shall specify each condition imposed by means of managing ballast water. the date that is 1 year after the date on the Secretary under subsection (c). (E) CONSIDERATION OF PETITIONS.— which the requirements for testing protocols (3) OWNERS AND OPERATORS.—A manufac- (i) DETERMINATIONS.—The Secretary shall are issued under subsection (i), no manufac- turer that receives a certificate of type ap- approve or deny a petition for an extension turer of a ballast water management system proval for the management system under of a compliance deadline submitted by an shall sell, offer for sale, or introduce or de- this subsection shall provide a copy of the owner or operator under this paragraph. liver for introduction into interstate com- certificate to each owner and operator of a (ii) DEADLINE.—If the Secretary does not merce, or import into the United States for vessel on which the management system is approve or deny a petition referred to in sale or resale, a ballast water management installed. clause (i) on or before the last day of the 90- system for a vessel unless it has been cer- (f) INSPECTIONS.—An owner or operator who day period beginning on the date of submis- tified under this section. receives a copy of a certificate under sub- sion of the petition, the petition shall be (b) CERTIFICATION PROCESS.— section (e)(3) shall retain a copy of the cer- deemed approved. (1) EVALUATION.—Upon application of a tificate onboard the vessel and make the (c) FUTURE REVISIONS OF VESSEL INCI- manufacturer, the Secretary shall evaluate a copy of the certificate available for inspec- DENTAL DISCHARGE STANDARDS; DECENNIAL ballast water management system with re- tion at all times while the owner or operator REVIEWS.— spect to— is utilizing the management system. (1) REVISED BALLAST WATER DISCHARGE (A) the effectiveness of the management (g) BIOCIDES.—The Secretary may not ap- STANDARDS.—The Secretary, in consultation system in achieving the current ballast prove a ballast water management system with the Administrator, shall complete a re- water discharge standard when installed on a under subsection (b) if— view, 10 years after the issuance of a final vessel (or a class, type, or size of vessel); (1) it uses a biocide or generates a biocide rule under subsection (b) and every 10 years (B) the compatibility with vessel design that is a pesticide, as defined in section 2 of thereafter, to determine whether further re- and operations; the Federal Insecticide, Fungicide, and vision of the ballast water discharge stand- (C) the effect of the management system Rodenticide Act (7 U.S.C. 136), unless the ard would result in a scientifically demon- on vessel safety; biocide is registered under that Act or the strable and substantial reduction in the risk (D) the impact on the environment; Secretary, in consultation with Adminis- of the introduction or establishment of (E) the cost effectiveness; and trator, has approved the use of the biocide in aquatic nuisance species. (F) any other criteria the Secretary con- such management system; or (2) REVISED STANDARDS FOR DISCHARGES siders appropriate. (2) it uses or generates a biocide the dis- OTHER THAN BALLAST WATER.—The Secretary, (2) APPROVAL.—If after an evaluation under charge of which causes or contributes to a in consultation with the Administrator, may paragraph (1) the Secretary determines that violation of a water quality standard under include in a decennial review under this sub- the management system meets the criteria, section 303 of the Federal Water Pollution section best management practices for dis- the Secretary may certify the management Control Act (33 U.S.C. 1313). charges covered by subsection (a)(2). The system for use on a vessel (or a class, type, (h) PROHIBITION.— Secretary shall initiate a rulemaking to re- or size of vessel). (1) IN GENERAL.—Except as provided in vise 1 or more best management practices for (3) SUSPENSION AND REVOCATION.—The Sec- paragraph (2), the use of a ballast water such discharges after a decennial review if retary shall establish, by regulation, a proc- management system by an owner or operator the Secretary, in consultation with the Ad- ess to suspend or revoke a certification of a vessel shall not satisfy the requirements ministrator, determines that revising 1 or issued under this section. of this title unless it has been approved by more of such practices would substantially (c) CERTIFICATION CONDITIONS.— the Secretary under subsection (b). reduce the impacts on navigable waters of (1) IMPOSITION OF CONDITIONS.—In certi- (2) EXCEPTIONS.— discharges incidental to the normal oper- fying a ballast water management system (A) COAST GUARD SHIPBOARD TECHNOLOGY ation of a vessel other than ballast water. under this section, the Secretary, in con- EVALUATION PROGRAM.—An owner or operator (3) CONSIDERATIONS.—In conducting a re- sultation with the Administrator, may im- may use a ballast water management system view under paragraph (1), the Secretary, the pose any condition on the subsequent instal- that has not been certified by the Secretary

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to comply with the requirements of this sec- equivalent restriction issued by the country (b) SAVINGS CLAUSE.—Notwithstanding tion if the technology is being evaluated of registration of the vessel; or subsection (a), a State or political subdivi- under the Coast Guard Shipboard Tech- (D) continuously take on and discharge sion thereof may adopt or enforce a statute nology Evaluation Program. ballast water in a flow-through system that or regulation of the State or political sub- (B) BALLAST WATER MANAGEMENT SYSTEMS does not introduce aquatic nuisance species division with respect to ballast water dis- CERTIFIED BY FOREIGN ENTITIES.—An owner or into navigable waters; charges incidental to the normal operation operator may use a ballast water manage- (2) a ballast water discharge incidental to of a vessel that specifies a ballast water dis- ment system that has not been certified by the normal operation of a vessel consisting charge standard that is more stringent than the Secretary to comply with the require- entirely of water sourced from a United the ballast water discharge standard under ments of this section if the management sys- States public water system that meets the section l05(a)(1)(A) if the Secretary, after tem has been certified by a foreign entity requirements under the Safe Drinking Water consultation with the Administrator and any and the certification demonstrates perform- Act (42 U.S.C. 300f et seq.) or from a foreign other Federal department or agency the Sec- ance and safety of the management system public water system determined by the Ad- retary considers appropriate, makes a deter- equivalent to the requirements of this sec- ministrator to be suitable for human con- mination that— tion, as determined by the Secretary. sumption; or (1) compliance with any discharge standard (i) TESTING PROTOCOLS.—Not later than 180 (3) a ballast water discharge incidental to specified in the statute or regulation can in days after the date of the enactment of this the normal operation of a vessel in an alter- fact be achieved and detected; Act, the Administrator, in consultation with native compliance program established pur- (2) the technology and systems necessary the Secretary, shall issue requirements for suant to section l08. to comply with the statute or regulation are land-based and shipboard testing protocols (d) VESSELS WITH PERMANENT BALLAST commercially available and economically or criteria for— WATER.—No permit shall be required or pro- achievable; and (1) certifying the performance of each bal- hibition enforced regarding a ballast water (3) the statute or regulation is consistent last water management system under this discharge incidental to the normal operation with obligations under relevant inter- section; and of a vessel under any other provision of law national treaties or agreements to which the (2) certifying laboratories to evaluate such for, nor shall any ballast water discharge United States is a party. treatment technologies. standard under this title apply to, a vessel (c) PETITION PROCESS.— SEC. l07. EXEMPTIONS. that carries all of its permanent ballast (1) SUBMISSION.—The Governor of a State water in sealed tanks that are not subject to (a) INCIDENTAL DISCHARGES.—Except in a seeking to adopt or enforce a statute or reg- discharge. national marine sanctuary or a marine na- ulation under subsection (b) shall submit a (e) VESSELS OF THE ARMED FORCES.—Noth- tional monument, no permit shall be re- petition to the Secretary requesting the Sec- ing in this title may be construed to apply retary to review the statute or regulation. quired or prohibition enforced under any to— other provision of law for, nor shall any (2) CONTENTS; TIMING.—A petition shall be (1) a vessel owned or operated by the De- accompanied by the scientific and technical standards regarding a discharge incidental to partment of Defense (other than a time-char- the normal operation of a vessel under this information on which the petition is based, tered or voyage-chartered vessel); or and may be submitted within 1 year of the title apply to— (2) a vessel of the Coast Guard, as des- (1) a discharge incidental to the normal op- date of enactment of this Act and every 10 ignated by the Secretary of the department years thereafter. eration of a vessel if the vessel is less than in which the Coast Guard is operating. 79 feet in length and engaged in commercial (3) DETERMINATIONS.—The Secretary shall SEC. l08. ALTERNATIVE COMPLIANCE PROGRAM. service (as such terms are defined in section make a determination on a petition under (a) IN GENERAL.—The Secretary, in con- 2101(5) of title 46, United States Code); this subsection not later than 90 days after sultation with the Administrator, may pro- (2) a discharge incidental to the normal op- the date on which the Secretary determines mulgate regulations establishing 1 or more that a complete petition has been received. eration of a vessel if the vessel is a fishing compliance programs as an alternative to SEC. l11. APPLICATION WITH OTHER STATUTES. vessel, including a fish processing vessel and ballast water management regulations a fish tender vessel, (as defined in section issued under section l05 for a vessel that— (a) EXCLUSIVE STATUTORY AUTHORITY.—Ex- 2101 of title 46, United States Code); or (1) has a maximum ballast water capacity cept as otherwise provided in this section (3) a discharge incidental to the normal op- of less than 8 cubic meters; or and notwithstanding any other provision of eration of a vessel if the vessel is a rec- (2) is less than 3 years from the end of the law, this title shall be the exclusive statu- reational vessel (as defined in section 2101(25) useful life of the vessel, as determined by the tory authority for regulation by the Federal of title 46, United States Code). Secretary. Government of discharges incidental to the (b) DISCHARGES INTO NAVIGABLE WATERS.— (b) RULEMAKING.— normal operation of a vessel to which this No permit shall be required or prohibition (1) FACILITY STANDARDS.—Not later than 1 title applies. enforced under any other provision of law year after the date of the enactment of this (b) EFFECT OF EXISTING REGULATIONS.—Ex- for, nor shall any standards regarding a dis- Act, the Administrator, in consultation with cept as provided under section l05(a)(1)(A), charge incidental to the normal operation of the Secretary, shall promulgate standards any regulation in effect on the date imme- a vessel under this title apply to— for— diately preceding the effective date of this (1) any discharge into navigable waters (A) the reception of ballast water from a Act relating to any permitting requirement from a vessel authorized by an on-scene coor- vessel into a reception facility; and for or prohibition on discharges incidental to dinator in accordance with part 300 of title (B) the disposal or treatment of the ballast the normal operation of a vessel to which 40, Code of Federal Regulations, or part 153 water under paragraph (1). this title applies— of title 33, Code of Federal Regulations; (2) TRANSFER STANDARDS.—The Secretary, (1) shall be deemed to be a regulation (2) any discharge into navigable waters in consultation with the Administrator, is issued pursuant to the authority of this title; from a vessel that is necessary to secure the authorized to promulgate standards for the and safety of the vessel or human life, or to sup- arrangements necessary on a vessel to trans- (2) shall remain in full force and effect un- press a fire onboard the vessel or at a shore- fer ballast water to a facility. less or until superseded by new regulations side facility; or SEC. l09. JUDICIAL REVIEW. issued under this title. (3) a vessel of the armed forces of a foreign (a) IN GENERAL.—An interested person may (c) ACT TO PREVENT POLLUTION FROM nation when engaged in noncommercial serv- file a petition for review of a final regulation SHIPS.—The Act to Prevent Pollution from ice. promulgated under this title in the United Ships (33 U.S.C. 1901 et seq.) shall be the ex- (c) BALLAST WATER DISCHARGES.—No per- States Court of Appeals for the District of clusive statutory authority for the regula- mit shall be required or prohibition enforced Columbia Circuit. tion by the Federal Government of any dis- under any other provision of law for, nor (b) DEADLINE.—A petition shall be filed not charge or emission that is covered under the shall any ballast water discharge standard later than 120 days after the date that notice International Convention for the Prevention under this title apply to— of the promulgation appears in the Federal of Pollution from Ships, 1973, as modified by (1) a ballast water discharge incidental to Register. the Protocol of 1978, done at London Feb- the normal operation of a vessel determined (c) EXCEPTION.—Notwithstanding sub- ruary 17, 1978. Nothing in this title may be by the Secretary to— section (b), a petition that is based solely on construed to alter or amend such Act or any (A) operate exclusively within a geographi- grounds that arise after the deadline to file regulation issued pursuant to the authority cally limited area; a petition under subsection (b) has passed of such Act. (B) take up and discharge ballast water ex- may be filed not later than 120 days after the (d) TITLE X OF THE COAST GUARD AND MARI- clusively within 1 Captain of the Port Zone date that the grounds first arise. TIME TRANSPORTATION ACT OF 2010.—Title X established by the Coast Guard unless the SEC. l10. EFFECT ON STATE AUTHORITY. of the Coast Guard and Maritime Transpor- Secretary determines such discharge poses a (a) IN GENERAL.—No State or political sub- tation Act of 2010 (33 U.S.C. 3801 et seq.) shall substantial risk of introduction or establish- division thereof may adopt or enforce any be the exclusive statutory authority for the ment of an aquatic nuisance species; statute or regulation of the State or polit- regulation by the Federal Government of (C) operate pursuant to a geographic re- ical subdivision with respect to a discharge any anti-fouling system that is covered striction issued as a condition under section incidental to the normal operation of a ves- under the International Convention on the 3309 of title 46, United States Code, or an sel after the date of enactment of this Act. Control of Harmful Anti-Fouling Systems on

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Ships, 2001. Nothing in this title may be con- the provision described in section 416.215 of (b) CLASSIFICATION OF LASER POINTERS AS strued to alter or amend such title X or any title 20, Code of Federal Regulations, is being BANNED HAZARDOUS PRODUCTS.— regulation issued pursuant to the authority enforced. (1) IN GENERAL.—Except as provided in under such title. paragraph (2), all laser pointers are hereby SEC. l12. RELATIONSHIP TO OTHER LAWS. SA 3529. Mr. REED submitted an declared banned hazardous products within Section 1205 of the Nonindigenous Aquatic amendment intended to be proposed by the meaning of section 8 of the Consumer Nuisance Prevention and Control Act of 1990 him to the bill H.R. 636, to amend the Product Safety Act (15 U.S.C. 2057). (16 U.S.C. 4725) is amended— Internal Revenue Code of 1986 to per- (2) EXCEPTIONS.—Paragraph (1) shall not apply to such laser pointers as the Consumer (1) by striking ‘‘All actions’’ and inserting manently extend increased expensing the following: Product Safety Commission determines are ‘‘(a) IN GENERAL.—Except as provided in limitations, and for other purposes; for legitimate and professional use. subsection (b), all actions’’; and which was ordered to lie on the table; (c) TREATMENT OF CLASSIFICATION.—For (2) by adding at the end the following: as follows: purposes of the Consumer Product Safety ‘‘(b) VESSEL INCIDENTAL DISCHARGES.—Not- At the end of part II of subtitle A of title Act (15 U.S.C. 2051 et seq.), subsection (b) of withstanding subsection (a), the Vessel Inci- II, add the following: this section shall be treated as if it were a dental Discharge Act shall be the exclusive rule promulgated under section 8 of such Act SEC. 2lllll. PROHIBITION ON OPERATION OF (15 U.S.C. 2057). statutory authority for the regulation by the UNMANNED AIRCRAFT CARRYING A EGULATIONS Federal Government of discharges incidental FIREARM. (d) R .— (1) IN GENERAL.—The Consumer Product to the normal operation of a vessel.’’. (a) IN GENERAL.—Chapter 463 of title 49, Safety Commission may promulgate such SEC. l13. SAVINGS PROVISION. United States Code, is amended by adding at rules as the Commission considers appro- Any action taken by the Federal Govern- the end the following: ment under this Act shall be in full compli- priate to carry out this section. ‘‘§ 46320. Prohibition on operation of un- (2) MANNER OF PROMULGATION.—Notwith- ance with its obligations under applicable manned aircraft carrying a firearm provisions of international law. standing any other provision of law, a rule ‘‘(a) IN GENERAL.—A person shall not oper- promulgated under paragraph (1) shall be SA 3528. Mr. RUBIO (for himself and ate an unmanned aircraft with a firearm at- promulgated in accordance with section 553 tached to, installed on, or otherwise carried of title 5, United States Code. Mr. CORNYN) submitted an amendment by the aircraft. (e) LASER POINTER DEFINED.—In this sec- intended to be proposed to amendment ‘‘(b) PENALTIES.—A person who violates tion, the term ‘‘laser pointer’’ has the mean- SA 3464 submitted by Mr. THUNE (for subsection (a)— ing given such term in section 39A of title 18, himself and Mr. NELSON) to the bill ‘‘(1) shall be liable to the United States United States Code. H.R. 636, to amend the Internal Rev- Government for a civil penalty of not more enue Code of 1986 to permanently ex- than $27,500; and SA 3531. Mr. MANCHIN submitted an tend increased expensing limitations, ‘‘(2) may be fined under title 18, imprisoned amendment intended to be proposed to and for other purposes; which was or- for not more than 5 years, or both. amendment SA 3464 submitted by Mr. dered to lie on the table; as follows: ‘‘(c) NONAPPLICATION TO PUBLIC AIR- THUNE (for himself and Mr. NELSON) to CRAFT.—This section does not apply to public the bill H.R. 636, to amend the Internal At the appropriate place, insert the fol- aircraft. lowing: Revenue Code of 1986 to permanently ‘‘(d) RULE OF CONSTRUCTION.—Nothing in extend increased expensing limita- SEC. ll. CUBAN IMMIGRANTS. this section shall be construed to affect the (a) SHORT TITLE.—This section may be authority of the Administrator with respect tions, and for other purposes; which cited as the ‘‘Cuban Immigrant Work Oppor- to manned or unmanned aircraft. was ordered to lie on the table; as fol- tunity Act of 2016’’. ‘‘(e) DEFINITIONS.—In this section: lows: (b) CERTAIN CUBANS INELIGIBLE FOR REF- ‘‘(1) FIREARM.—The term ‘firearm’ has the On page 284, between lines 3 and 4, insert UGEE ASSISTANCE.— meaning given that term in section 921 of the following: (1) IN GENERAL.—Title V of the Refugee title 18. (3) choices that consumers have in choos- Education Assistance Act of 1980 (8 U.S.C. ‘‘(2) UNMANNED AIRCRAFT.—The term ‘un- ing an air carrier based on change, cancella- 1522 note) is amended— manned aircraft’ has the meaning given that tion, and baggage fees in large, medium, and (A) in the title heading, by striking term in section 44801.’’. small markets; and ‘‘CUBAN AND’’; (b) CONFORMING AMENDMENT.—Section (4) the potential effect on availability of (B) in section 501— 46301(d)(2) of such title is amended, in the air service if change, cancellation, or bag- (i) by striking ‘‘Cuban and’’ each place first sentence, by inserting ‘‘section 46320,’’ gage fees were regulated by the Federal Gov- such phrase appears; before ‘‘or section 47107(b)’’. ernment. (ii) in subsection (d), by striking ‘‘Cuban (c) CLERICAL AMENDMENT.—The analysis or’’; and for chapter 463 of such title is amended by SA 3532. Mr. NELSON (for himself (iii) in subsection (e)— inserting after the item relating to section and Mr. COATS) submitted an amend- (I) in paragraph (1)— 46319 the following: ment intended to be proposed by him (aa) by striking ‘‘Cuban/’’ and ‘‘46320. Prohibition on operation of un- to the bill H.R. 636, to amend the Inter- (bb) by striking ‘‘Cuba or’’; and manned aircraft carrying a fire- nal Revenue Code of 1986 to perma- (II) in paragraph (2), by striking ‘‘Cuba arm.’’. or’’. nently extend increased expensing lim- itations, and for other purposes; which (2) CONFORMING AMENDMENTS.— SA 3530. Mr. SCHUMER (for himself (A) PERSONAL RESPONSIBILITY AND WORK OP- was ordered to lie on the table; as fol- and Mr. BLUMENTHAL) submitted an PORTUNITY RECONCILIATION ACT OF 1996.—Sec- lows: tion 403(d) of the Personal Responsibility and amendment intended to be proposed to Beginning on page 204, strike line 21 and Work Opportunity Reconciliation Act of 1996 amendment SA 3464 submitted by Mr. all that follows through page 206, line 9, and (8 U.S.C. 1613(d)) is amended— THUNE (for himself and Mr. NELSON) to insert the following: (i) in the subsection heading, by striking the bill H.R. 636, to amend the Internal (a) RESTRICTIONS ON TRANSPORTATION OF ‘‘CUBAN AND’’; and Revenue Code of 1986 to permanently LITHIUM BATTERIES ON AIRCRAFT.— (ii) by striking ‘‘1980, for Cuban and Hai- extend increased expensing limita- (1) ADOPTION OF ICAO INSTRUCTIONS.— tian entrants’’ and all that follows and in- tions, and for other purposes; which (A) IN GENERAL.—Pursuant to section 828 of serting ‘‘1980 (8 U.S.C. 1522 note), for Haitian the FAA Modernization and Reform Act of entrants (as defined in subsection (e)(2) of was ordered to lie on the table; as fol- 2012 (49 U.S.C. 44701 note), not later than 90 such section)’’. lows: days after the date of enactment of this Act, (B) IMMIGRATION AND NATIONALITY ACT.— At the appropriate place, insert the fol- the Secretary of the Department of Trans- Section 245A(h)(2)(A) of the Immigration and lowing: portation shall conform United States regu- Nationality Act (8 U.S.C. 1255a(h)(2)(A)) is SEC. llll. PROHIBITION ON SALE, MANUFAC- lations on the air transport of lithium cells amended by striking ‘‘Cuban and’’. TURE, IMPORT, AND DISTRIBUTION and batteries with the lithium cells and bat- (3) APPLICABILITY.—The amendments made IN COMMERCE OF LASER POINTERS. tery requirements in the 2015–2016 edition of by this subsection shall only apply to na- (a) AUTHORITY FOR CONSUMER PRODUCT the International Civil Aviation Organiza- tionals of Cuba who enter the United States SAFETY COMMISSION TO REGULATE LASER tion’s (referred to in this subsection as on or after the date of the enactment of this POINTERS.—Section 31(a) of the Consumer ‘‘ICAO’’) Technical Instructions (to include Act. Product Safety Act (15 U.S.C. 2080(a)) is all addenda) including the revised standards (c) REPORT.—Not later than 90 days after amended, in the second sentence, by striking adopted by ICAO which became effective on the date of the enactment of this Act, the In- ‘‘The Commission’’ and inserting ‘‘Except for April 1, 2016. spector General of the Social Security Ad- a laser pointer (as defined in section 39A of (B) FURTHER PROCEEDINGS.—Beginning on ministration shall submit a report to Con- title 18, United States Code), the Commis- the date the revised regulations under sub- gress that describes the methods by which sion’’. paragraph (A) are published in the Federal

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Register, any lithium cell and battery rule- ‘‘(i) IN GENERAL.—For purposes of this (6) recommendations for Federal legisla- making action or update commenced on or paragraph, the term ‘aircraft owner’ includes tion. after that date shall continue to comply a person who leases the aircraft other than (d) QUALIFICATIONS.—Each member of the with the requirements under section 828 of under a disqualified lease. Committee shall be sufficiently qualified to the FAA Modernization and Reform Act of ‘‘(ii) DISQUALIFIED LEASE.—For purposes of represent the interests of the member’s spe- 2012 (49 U.S.C. 44701 note). clause (i), the term ‘disqualified lease’ means cific stakeholder group, such as— (2) REVIEW OF OTHER REGULATIONS.—Pursu- a lease from a person providing aircraft man- (1) general business and financial experi- ant to section 828 of the FAA Modernization agement services with respect to such air- ence; and Reform Act of 2012 (49 U.S.C. 44701 note), craft (or a related person (within the mean- (2) experience or qualifications in the areas the Secretary of Transportation may initiate ing of section 465(b)(3)(C)) to the person pro- of freight transportation and logistics; a review of other existing regulations regard- viding such services), if such lease is for a (3) experience in transportation planning, ing the air transportation, including pas- term of 31 days or less. safety, technology, or workforce issues; senger-carrying and cargo aircraft, of lith- ‘‘(D) PRO RATA ALLOCATION.—If any amount (4) experience representing employees of ium batteries and cells. paid to a person represents in part an the freight industry; (3) MEDICAL DEVICE BATTERIES.— amount paid for services not described in (5) experience representing State or local (A) IN GENERAL.—For United States appli- subparagraph (A), the tax imposed by sub- governments or metropolitan planning orga- cants, the Secretary of Transportation shall section (a), if applicable to such amount, nizations in transportation-related issues; or consider and either grant or deny, within 45 shall be applied to such payment on a pro (6) experience in trade economics relating days, applications submitted in compliance rata basis.’’. to freight flows. with part 107 of title 49, Code of Federal Reg- (b) EFFECTIVE DATE.—The amendment (e) SUPPORT STAFF, INFORMATION, AND ulations for special permits or approvals for made by this section shall apply to amounts SERVICES.—The Secretary of Transportation air transportation of lithium cells or bat- paid beginning after the date of the enact- shall provide support staff for the Com- teries specifically used by medical devices. ment of this Act. mittee. Upon the request of the Committee, Not later than 30 days after the date of appli- the Secretary shall provide such informa- cation, the Pipeline and Hazardous Materials SA 3534. Ms. CANTWELL (for herself tion, administrative services, and supplies as Safety Administration shall provide a draft and Mr. THUNE) submitted an amend- the Secretary considers necessary for the special permit based on the application to ment intended to be proposed to Committee to carry out its duties under this the Federal Aviation Administration. The amendment SA 3464 submitted by Mr. section. Federal Aviation Administration shall con- THUNE (for himself and Mr. NELSON) to duct an on-site inspection for issuance of the the bill H.R. 636, to amend the Internal SA 3535. Mr. COTTON submitted an special permit not later than 10 days after Revenue Code of 1986 to permanently amendment intended to be proposed by the date of receipt of the draft special permit him to the bill H.R. 636, to amend the from the Pipeline and Hazardous Materials extend increased expensing limita- tions, and for other purposes; which Internal Revenue Code of 1986 to per- Safety Administration. manently extend increased expensing (B) DEFINITION OF MEDICAL DEVICE.—In this was ordered to lie on the table; as fol- paragraph, the term ‘‘medical device’’ has lows: limitations, and for other purposes; which was ordered to lie on the table; the meaning given the term ‘‘device’’ in sec- At the appropriate place, insert the fol- tion 201 of the Federal Food, Drug, and Cos- lowing: as follows: metic Act (21 U.S.C. 321). SEC. ll. NATIONAL MULTIMODAL FREIGHT AD- On page 46, line 15, insert after ‘‘National (4) SAVINGS CLAUSE.—Nothing in this sec- VISORY COMMITTEE. Guard’’ the following: ‘‘, without regard to tion shall be construed as expanding or con- (a) ESTABLISHMENT.—The Secretary of whether that component operates aircraft at stricting any other authority the Secretary Transportation shall establish a national the airport’’. of Transportation has under section 828 of multimodal freight advisory committee (re- the FAA Modernization and Reform Act of ferred to in this section as the ‘‘Committee’’) SA 3536. Mr. MCCAIN submitted an 2012 (49 U.S.C. 44701 note). in the Department of Transportation, which amendment intended to be proposed to shall consist of a balanced cross-section of amendment SA 3464 submitted by Mr. SA 3533. Mr. BROWN (for himself and public and private freight stakeholders rep- THUNE (for himself and Mr. NELSON) to Mr. PORTMAN) submitted an amend- resentative of all freight transportation the bill H.R. 636, to amend the Internal ment intended to be proposed by him modes, including— Revenue Code of 1986 to permanently to the bill H.R. 636, to amend the Inter- (1) airports, highways, ports and water- extend increased expensing limita- nal Revenue Code of 1986 to perma- ways, rail, and pipelines; tions, and for other purposes; which nently extend increased expensing lim- (2) shippers; was ordered to lie on the table; as fol- itations, and for other purposes; which (3) carriers; lows: was ordered to lie on the table; as fol- (4) freight-related associations; (5) the freight industry workforce; lows: On page 93, between lines 4 and 5, insert (6) State departments of transportation; the following: At the appropriate place, insert the fol- (7) local governments; (d) FEDERAL AGENCY COORDINATION TO EN- lowing: (8) metropolitan planning organizations; HANCE THE PUBLIC HEALTH AND SAFETY CAPA- SEC. lll. AMOUNTS PAID FOR AIRCRAFT MAN- (9) regional or local transportation au- BILITIES OF PUBLIC UNMANNED AIRCRAFT SYS- AGEMENT SERVICES. thorities, such as port authorities; TEMS.—The Administrator shall assist and (a) IN GENERAL.—Subsection (e) of section (10) freight safety organizations; and enable, without undue interference, Federal 4261 of the Internal Revenue Code of 1986 is (11) university research centers. civilian government agencies that operate amended by adding at the end the following (b) PURPOSE.—The purpose of the Com- unmanned aircraft systems within civil-con- new paragraph: mittee shall be to promote a safe, economi- trolled airspace, in operationally deploying ‘‘(5) AMOUNTS PAID FOR AIRCRAFT MANAGE- cally efficient, and environmentally sustain- and integrating sense and avoid capabilities, MENT SERVICES.— able national freight system. as necessary to operate unmanned aircraft ‘‘(A) IN GENERAL.—No tax shall be imposed (c) DUTIES.—The Committee, in consulta- systems safely and effectively within the Na- by this section or section 4271 on any tion with State departments of transpor- tional Air Space. amounts paid by an aircraft owner for air- tation and metropolitan planning organiza- craft management services related to— tions, shall provide advice and recommenda- SA 3537. Mr. PAUL (for himself and ‘‘(i) maintenance and support of the air- tions to the Secretary of Transportation on Mr. MARKEY) submitted an amendment craft owner’s aircraft; or matters related to freight transportation in ‘‘(ii) flights on the aircraft owner’s air- the United States, including— intended to be proposed to amendment craft. (1) the implementation of freight transpor- SA 3464 submitted by Mr. THUNE (for ‘‘(B) AIRCRAFT MANAGEMENT SERVICES.—For tation requirements; himself and Mr. NELSON) to the bill purposes of subparagraph (A), the term ‘air- (2) the establishment of a National H.R. 636, to amend the Internal Rev- craft management services’ includes assist- Multimodal Freight Network under section enue Code of 1986 to permanently ex- ing an aircraft owner with administrative 70103 of title 49, United States Code; tend increased expensing limitations, and support services, such as scheduling, (3) the development of the national freight and for other purposes; which was or- flight planning, and weather forecasting; ob- strategic plan under section 70102 of such dered to lie on the table; as follows: taining insurance; maintenance, storage and title; fueling of aircraft; hiring, training, and pro- (4) the development of measures of condi- At the appropriate place, insert the fol- vision of pilots and crew; establishing and tions and performance in freight transpor- lowing: complying with safety standards; or such tation; SEC. ll. UNWARRANTED SURVEILLANCE. other services necessary to support flights (5) the development of freight transpor- (a) DEFINITIONS.—In this section— operated by an aircraft owner. tation investment, data, and planning tools; (1) the term ‘‘law enforcement party’’ ‘‘(C) LESSEE TREATED AS AIRCRAFT OWNER.— and means a person or entity authorized by law,

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EXEMPTION FOR THE OPERATION OF certificate of waiver or authorization (in- States or by a political subdivision of a CERTAIN UNMANNED AIRCRAFT AT cluding the issuance of a certificate of waiv- State, to investigate or prosecute offenses TEST SITES. er or authorization to an unmanned aircraft against the United States or to make ar- (a) IN GENERAL.—Not later than 30 days test site), the amendment of such an exemp- rests; and after the date of the enactment of this Act, tion or certificate, the imposition of a term, (2) the term ‘‘unmanned aircraft system’’ and without the opportunity for prior public condition, or limitation on such an exemp- has the meaning given the term in section notice and comment, the Administrator tion or certificate, and any other activity shall grant an exemption for the operation of 44801 of title 49, United States Code, as added carried out by the Federal Aviation Adminis- unmanned aircraft systems for any non- by section 2121(a) of this Act. tration under this section shall be made hobby or non-recreational purpose under the without regard to— (b) PROHIBITED USE OF UNMANNED AIRCRAFT oversight of an unmanned aircraft system (A) the notice and comment provisions of SYSTEMS.—Except as provided in subsection test site to all persons that meet the terms, (c), a person or entity acting under the au- conditions, and limitations described in sub- section 553 of title 5, United States Code; and thority, or funded in whole or in part by, the section (b) for the exemption. All such oper- (B) chapter 35 of title 44, United States Government of the United States or by a po- ations of unmanned aircraft systems shall be Code (commonly known as the ‘‘Paperwork litical subdivision of a State shall not use an conducted in accordance with a certificate of Reduction Act’’). unmanned aircraft system to gather evi- waiver or authorization issued to the un- (2) SAVINGS PROVISIONS.—Nothing in this dence or other information pertaining to manned aircraft system test site by the Ad- section shall be construed to— criminal conduct or conduct in violation of a ministrator. (A) affect the issuance of a rule by or any statute or regulation or for intelligence pur- (b) TERMS, CONDITIONS, AND LIMITATIONS.— other activity of the Secretary of Transpor- poses except to the extent authorized in a (1) IN GENERAL.—The exemption granted tation or the Administrator under any other warrant that satisfies the requirements of under subsection (a) or any amendment to provision of law; or the Federal Rules of Procedure and the Con- that exemption— (B) invalidate an exemption granted or cer- stitution of the United States. (A) shall, at a minimum, exempt the oper- tificate of waiver or authorization issued by (c) EXCEPTIONS.—This section does not pro- ator of an unmanned aircraft system from the Administrator before the date of the en- hibit any of the following: the provisions of parts 21, 43, 61, and 91 of actment of this Act. (1) PATROL OF BORDERS.—The use of an un- title 14, Code of Federal Regulations, that (g) DEFINITIONS.—In this section: manned aircraft system to patrol national are applicable only to civil aircraft or civil (1) ADMINISTRATOR.—The term ‘‘Adminis- borders to prevent or deter illegal entry of aircraft operations; trator’’ means the Administrator of the Fed- any persons or illegal substances within 3 (B) may contain such other terms, condi- eral Aviation Administration. miles of the physical border. tions, and limitations as the Administrator (2) AIRMAN CERTIFICATE.—The term ‘‘air- (2) EXIGENT CIRCUMSTANCES.—The use of an may deem necessary in the interest of avia- man certificate’’ means an airman certifi- unmanned aircraft system by a law enforce- tion safety or the efficiency of the national cate issued under section 44703 of title 49, ment party when exigent circumstances airspace system; and United States Code. exist. For the purposes of this paragraph, ex- (C) shall require a person, before initiating (3) CERTIFICATE OF WAIVER OR AUTHORIZA- igent circumstances exist when the law en- an operation under the exemption, to provide TION.—The term ‘‘certificate of waiver or au- forcement party possesses reasonable sus- written notice to the unmanned aircraft sys- thorization’’ means an authorization issued picion that under particular circumstances, tem test site overseeing the operation, in a by the Federal Aviation Administration for swift action to prevent imminent danger to form and manner specified by the Adminis- the operation of aircraft in deviation from a life is necessary. trator, that states, at a minimum, that the rule or regulation and includes the terms, (3) HIGH RISK.—The use of an unmanned person has read, understands, and will com- conditions, and limitations of the authoriza- aircraft system to counter a high risk of an ply with all terms, conditions, and limita- tion. imminent terrorist attack by a specific indi- tions of the exemption and applicable certifi- (4) UNMANNED AIRCRAFT; UNMANNED AIR- vidual or organization, when the Secretary cates of waiver or authorization. CRAFT SYSTEM.—The terms ‘‘unmanned air- of Homeland Security determines credible (2) TRANSMISSION TO FEDERAL AVIATION AD- craft’’ and ‘‘unmanned aircraft system’’ have intelligence indicates there is such a risk. MINISTRATION.—The unmanned aircraft sys- the meanings given those terms in section (4) INFORMATION OR DATA UNRELATED TO EX- tem test site overseeing an operation shall 44801 of title 49, United States Code, as added IGENT CIRCUMSTANCES.—A person operating transmit to the Federal Aviation Adminis- by section 2121. an unmanned aircraft system under the ex- tration copies of all notices under paragraph (5) UNMANNED AIRCRAFT SYSTEM TEST ception set forth in paragraph (2) shall mini- (1)(C) relating to the operation in a form and SITE.—The term ‘‘unmanned aircraft system mize the collection by the unmanned aircraft manner specified by the Administrator. test site’’ means an entity designated under system of information and data that is unre- (c) NO AIRWORTHINESS OR AIRMAN CERTIFI- section 332(c) of the FAA Modernization and lated to the exigent circumstances. If the un- CATE REQUIRED.—Notwithstanding paragraph Reform Act of 2012 (Public Law 112–95; 49 manned aircraft system incidentally collects (1), (2)(A), or (3) of section 44711(a) of title 49, U.S.C. 40101 note) to operate a test range any such unrelated information or data United States Code, a person may operate, or under that section. employ an airman who operates, an un- while being operated under such exception, Mr. BLUNT (for himself, Mr. the person operating the unmanned aircraft manned aircraft system for any non-hobby SA 3539. system shall destroy such unrelated informa- or non-recreational purpose under the over- WYDEN, Mr. BENNET, Mr. PORTMAN, Ms. tion and data. sight of an unmanned aircraft system test BALDWIN, Mr. VITTER, Ms. MURKOWSKI, site without an airman certificate and with- (5) PROHIBITION ON INFORMATION SHARING.— Mrs. MURRAY, Mr. BURR, Ms. AYOTTE, A person may not intentionally divulge in- out an airworthiness certificate for the air- Mr. CARPER, and Mr. MORAN) submitted formation collected in accordance with this craft if the operations of the unmanned air- an amendment intended to be proposed section with any other person, except as au- craft system meet all terms, limitations, and conditions of an exemption issued under sub- to amendment SA 3464 submitted by thorized by law. section (a) and of a certificate of waiver or Mr. THUNE (for himself and Mr. NEL- (d) REMEDIES FOR VIOLATION.—Any ag- authorization issued to the unmanned air- SON) to the bill H.R. 636, to amend the grieved party may in a civil action obtain all craft system test site by the Administrator. Internal Revenue Code of 1986 to per- appropriate relief to prevent or remedy a (d) DATA AVAILABLE FOR CERTIFICATE OF manently extend increased expensing violation of this section. AIRWORTHINESS.—The Administrator shall limitations, and for other purposes; (e) PROHIBITION ON USE OF EVIDENCE.—No accept data collected or developed as a result which was ordered to lie on the table; evidence obtained or collected in violation of of an operation of an unmanned aircraft sys- as follows: this section may be admissible as evidence in tem conducted under the oversight of an un- a criminal prosecution in any court of law in manned aircraft system test site pursuant to At the end, insert the following: the United States. an exemption issued under subsection (a) for TITLE VI—CRAFT BEVERAGE consideration in an application for an air- MODERNIZATION AND TAX REFORM SA 3538. Mr. HOEVEN submitted an worthiness certificate for the unmanned air- SEC. 6001. SHORT TITLE; RULE OF CONSTRUC- amendment intended to be proposed to craft system. TION. (e) SUNSET.—The exemption issued under (a) SHORT TITLE.—This title may be cited amendment SA 3464 submitted by Mr. subsection (a), and any amendment to that as the ‘‘Craft Beverage Modernization and THUNE (for himself and Mr. NELSON) to exemption, shall cease to be valid on the Tax Reform Act of 2016’’. the bill H.R. 636, to amend the Internal date of the termination of the unmanned air- (b) RULE OF CONSTRUCTION.—Nothing in Revenue Code of 1986 to permanently craft system test site program under section this title, the amendments made by this extend increased expensing limita- 332(c) of the FAA Modernization and Reform title, or any regulation promulgated under tions, and for other purposes; which Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 this title or the amendments made by this was ordered to lie on the table; as fol- note). title, shall be construed to preempt, super- (f) RULES OF CONSTRUCTION AND PROCE- sede, or otherwise limit or restrict any lows: DURE.— State, local, or tribal law that prohibits or At the end of part II of subtitle A of title (1) IN GENERAL.—The issuance of an exemp- regulates the production or sale of distilled II, add the following: tion under subsection (a), the issuance of a spirits, wine, or malt beverages.

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.040 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1825 Subtitle A—Production Period Secretary of the Treasury under subpara- regulations prescribed by the Secretary or SEC. 6011. PRODUCTION PERIOD FOR BEER, graph (B). his delegate, principles similar to the prin- WINE, AND DISTILLED SPIRITS. ‘‘(B) ASSIGNMENT.—The Secretary of the ciples of the preceding two sentences shall be (a) IN GENERAL.—Section 263A(f) of the In- Treasury, in consultation with the Secretary applied to a group of brewers under common ternal Revenue Code of 1986 is amended— of Health and Human Services and the Sec- control where one or more of the brewers is (1) by redesignating paragraph (4) as para- retary of the Department of Homeland Secu- not a corporation. graph (5), and rity, shall, through such rules, regulations, ‘‘(C) SINGLE TAXPAYER.—Pursuant to rules (2) by inserting after paragraph (3) the fol- and procedures as are determined appro- issued by the Secretary, 2 or more entities lowing new paragraph: priate, establish procedures for assignment (whether or not under common control) that ‘‘(4) EXEMPTION FOR AGING PROCESS OF of the reduced tax rate provided under this produce beer marketed under a similar BEER, WINE, AND DISTILLED SPIRITS.—For pur- paragraph, which shall include— brand, license, franchise, or other arrange- poses of this subsection, the production pe- ‘‘(i) a limitation to ensure that the number ment shall be treated as a single taxpayer riod shall not include the aging period for— of barrels of beer for which the reduced tax for purposes of the application of this sub- ‘‘(A) beer (as defined in section 5052(a)), rate has been assigned by a brewer to any section.’’. ‘‘(B) wine (as described in section 5041(a)), importer does not exceed the number of bar- (e) EFFECTIVE DATE.— or rels of beer brewed or produced by such brew- (1) IN GENERAL.—Subject to paragraph (2), ‘‘(C) distilled spirits (as defined in section er during the calendar year which were im- the amendments made by this section shall 5002(a)(8)), except such spirits that are unfit ported into the United States by such im- apply to beer removed after September 30, for use for beverage purposes.’’. porter, 2018. (b) CONFORMING AMENDMENT.—Paragraph ‘‘(ii) procedures that allow the election of (2) PRORATION.—For purposes of the fourth (5)(B)(ii) of section 263A(f) of the Internal a brewer to assign and an importer to receive calendar quarter of 2018, the Secretary of the Revenue Code of 1986, as redesignated by this the reduced tax rate provided under this Treasury (or the Secretary’s delegate) shall section, is amended by inserting ‘‘except as paragraph, issue such guidance, rules, or regulations as provided in paragraph (4),’’ before ‘‘ending on ‘‘(iii) requirements that the brewer provide are deemed appropriate to provide that the the date’’. any information as the Secretary determines amendments made by this section are ap- (c) EFFECTIVE DATE.—The amendments necessary and appropriate for purposes of plied on a prorated basis for purposes of beer made by this section shall apply to interest carrying out this paragraph, and removed during such quarter. costs paid or incurred in taxable years end- ‘‘(iv) procedures that allow for revocation SEC. 6022. USE OF WHOLESOME PRODUCTS SUIT- ing on or after December 31, 2017. of eligibility of the brewer and the importer ABLE FOR HUMAN FOOD CONSUMP- for the reduced tax rate provided under this TION IN THE PRODUCTION OF FER- Subtitle B—Beer paragraph in the case of any erroneous or MENTED BEVERAGES. SEC. 6021. REDUCED RATE OF EXCISE TAX ON fraudulent information provided under (a) IN GENERAL.—Not later than the date BEER. clause (iii) which the Secretary deems to be that is 1 year after the date of the enactment (a) IN GENERAL.—Paragraph (1) of section material to qualifying for such reduced rate. of this Act, the Secretary of the Treasury or 5051(a) of the Internal Revenue Code of 1986 ‘‘(C) CONTROLLED GROUP.—For purposes of the Secretary of the Treasury’s delegate is amended to read as follows: this section, any importer making an elec- shall amend subpart F of part 25 of sub- ‘‘(1) IN GENERAL.— tion described in subparagraph (B)(ii) shall chapter A of chapter I of title 27, Code of ‘‘(A) IMPOSITION OF TAX.—A tax is hereby be deemed to be a member of the controlled Federal Regulations to ensure that, for pur- imposed on all beer brewed or produced, and group of the brewer, as described under para- poses of such part, wholesome fruits, vegeta- removed for consumption or sale, within the graph (5).’’. bles, and spices suitable for human food con- United States, or imported into the United (d) CONTROLLED GROUP AND SINGLE TAX- sumption that are generally recognized as States. Except as provided in paragraph (2), PAYER RULES.—Subsection (a) of section 5051 safe for use in an alcoholic beverage and that the rate of such tax shall be— of the Internal Revenue Code of 1986, as do not contain alcohol are generally recog- ‘‘(i) $16 on the first 6,000,000 barrels of beer amended by this section, is amended— nized as a traditional ingredient in the pro- brewed by the brewer or imported by the im- (1) in paragraph (2)— duction of fermented beverages. porter which are removed during the cal- (A) by striking subparagraph (B), and (b) DEFINITION.—For purposes of this sec- endar year for consumption or sale by such (B) by redesignating subparagraph (C) as tion, the term ‘‘fruit’’ means whole fruit, brewer or imported into the United States in subparagraph (B), and fruit juices, fruit puree, fruit extract, or such year by such importer, and (2) by adding at the end the following new fruit concentrate. ‘‘(ii) $18 on any barrels of beer to which paragraph: (c) RULE OF CONSTRUCTION.—Nothing in clause (i) does not apply. ‘‘(5) CONTROLLED GROUP AND SINGLE TAX- this section shall be construed to revoke, ‘‘(B) BARREL.—For purposes of this section, PAYER RULES.— prescribe, or limit any other exemptions a barrel shall contain not more than 31 gal- ‘‘(A) IN GENERAL.—Except as provided in from the formula requirements under sub- lons of beer, and any tax imposed under this subparagraph (B), in the case of a controlled part F of part 25 of subchapter A of chapter section shall be applied at a like rate for any group, the 6,000,000 barrel quantity specified I of title 27, Code of Federal Regulations for other quantity or for fractional parts of a in paragraph (1)(A)(i) and the 2,000,000 barrel any ingredient that has been recognized be- barrel.’’. quantity specified in paragraph (2)(A) shall fore, on, or after the date of the enactment (b) REDUCED RATE FOR CERTAIN DOMESTIC be applied to the controlled group, and the of this Act as a traditional ingredient in the PRODUCTION.—Subparagraph (A) of section 6,000,000 barrel quantity specified in para- production of fermented beverages. 5051(a)(2) of the Internal Revenue Code of graph (1)(A)(i) and the 60,000 barrel quantity SEC. 6023. SIMPLIFICATION OF RULES REGARD- 1986 is amended— specified in paragraph (2)(A) shall be appor- ING RECORDS, STATEMENTS, AND (1) in the heading, by striking ‘‘$7’’ and in- tioned among the brewers who are compo- RETURNS. serting ‘‘$3.50’’, and nent members of such group in such manner (a) IN GENERAL.—Subsection (a) of section (2) by striking ‘‘$7’’ and inserting ‘‘$3.50’’. as the Secretary or his delegate shall by reg- 5555 of the Internal Revenue Code of 1986 is (c) APPLICATION OF REDUCED TAX RATE FOR ulations prescribe. For purposes of the pre- amended by adding at the end the following: FOREIGN MANUFACTURERS AND IMPORTERS.— ceding sentence, the term ‘controlled group’ ‘‘The Secretary shall permit a person to em- Subsection (a) of section 5051 of the Internal has the meaning assigned to it by subsection ploy a unified system for any records, state- Revenue Code of 1986 is amended— (a) of section 1563, except that for such pur- ments, and returns required to be kept, ren- (1) in subparagraph (A)(i) of paragraph (1), poses the phrase ‘more than 50 percent’ shall dered, or made under this section for any as amended by subsection (a) of this section, be substituted for the phrase ‘at least 80 per- beer produced in the brewery for which the by inserting ‘‘and assigned to such electing cent’ in each place it appears in such sub- tax imposed by section 5051 has been deter- importer pursuant to paragraph (4)’’ after section. Under regulations prescribed by the mined, including any beer which has been re- ‘‘by such importer’’, and Secretary or his delegate, principles similar moved for consumption on the premises of (2) by adding at the end the following new to the principles of the preceding two sen- the brewery.’’. paragraph: tences shall be applied to a group of brewers (b) EFFECTIVE DATE.—The amendments ‘‘(4) REDUCED TAX RATE FOR FOREIGN MANU- under common control where one or more of made by this section shall apply to any cal- FACTURERS AND IMPORTERS.— the brewers is not a corporation. endar quarters beginning more than 1 year ‘‘(A) IN GENERAL.—In the case of any bar- ‘‘(B) FOREIGN MANUFACTURERS AND IMPORT- after the date of the enactment of this Act. rels of beer which have been brewed or pro- ERS.—For purposes of paragraph (4), in the SEC. 6024. TRANSFER OF BEER BETWEEN BOND- duced outside of the United States and im- case of a controlled group, the 6,000,000 bar- ED FACILITIES. ported into the United States, the rate of tax rel quantity specified in paragraph (1)(A)(i) (a) IN GENERAL.—Section 5414 of the Inter- applicable under clause (i) of paragraph shall be applied to the controlled group and nal Revenue Code of 1986 is amended to read (1)(A) (referred to in this paragraph as the apportioned among the members of such as follows: ‘reduced tax rate’) may be assigned by the group in such manner as the Secretary or his ‘‘SEC. 5414. TRANSFER OF BEER BETWEEN BOND- brewer (provided that the brewer makes an delegate shall by regulations prescribe. For ED FACILITIES. election described in subparagraph (B)(ii)) to purposes of the preceding sentence, the term ‘‘(a) IN GENERAL.—Beer may be removed any electing importer of such barrels pursu- ‘controlled group’ has the meaning given from one brewery to another bonded brew- ant to the requirements established by the such term under subparagraph (A). Under ery, without payment of tax, and may be

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.039 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1826 CONGRESSIONAL RECORD — SENATE April 7, 2016 mingled with beer at the receiving brewery, essary to carry out the purposes of this sub- amendments made by this section are ap- subject to such conditions, including pay- section, including regulations to ensure plied on a prorated basis for purposes of wine ment of the tax, and in such containers, as proper calculation of the credit provided in removed during such quarter. the Secretary by regulations shall prescribe, this subsection.’’. SEC. 6032. ADJUSTMENT OF ALCOHOL CONTENT which shall include— (b) CONTROLLED GROUP AND SINGLE TAX- LEVEL FOR APPLICATION OF EXCISE ‘‘(1) any removal from one brewery to an- PAYER RULES.—Paragraph (3) of section TAX RATES. other brewery belonging to the same brewer, 5041(c), as redesignated by subsection (a)(4), (a) IN GENERAL.—Paragraphs (1) and (2) of ‘‘(2) any removal from a brewery owned by is amended by striking ‘‘section section 5041(b) of the Internal Revenue Code one corporation to a brewery owned by an- 5051(a)(2)(B)’’ and inserting ‘‘section of 1986 are amended by striking ‘‘14 percent’’ other corporation when— 5051(a)(5)’’. each place it appears and inserting ‘‘16 per- ‘‘(A) one such corporation owns the con- (c) ALLOWANCE OF CREDIT FOR FOREIGN cent’’. (b) EFFECTIVE DATE.—The amendments trolling interest in the other such corpora- MANUFACTURERS AND IMPORTERS.—Sub- made by this section shall apply to wine re- tion, or section (c) of section 5041 of the Internal Revenue Code of 1986, as amended by sub- moved during calendar years beginning after ‘‘(B) the controlling interest in each such section (a), is amended— December 31, 2017. corporation is owned by the same person or (1) in subparagraph (A) of paragraph (1), by SEC. 6033. DEFINITION OF MEAD AND LOW ALCO- persons, and inserting ‘‘and assigned to such electing im- HOL BY VOLUME WINE. ‘‘(3) any removal from one brewery to an- porter pursuant to paragraph (6)’’ after ‘‘by (a) IN GENERAL.—Section 5041 of the Inter- other brewery when— such importer’’, nal Revenue Code of 1986, as amended by sec- ‘‘(A) the proprietors of transferring and re- (2) by redesignating paragraph (6) as para- tion 335 of the Protecting Americans from ceiving premises are independent of each graph (7), and Tax Hikes Act of 2015, is amended— other and neither has a proprietary interest, (3) by inserting after paragraph (5) the fol- (1) in subsection (a), by striking ‘‘Still directly or indirectly, in the business of the lowing new paragraph: wines’’ and inserting ‘‘Subject to subsection other, and ‘‘(6) ALLOWANCE OF CREDIT FOR FOREIGN (h), still wines’’, and ‘‘(B) the transferor has divested itself of all MANUFACTURERS AND IMPORTERS.— (2) by adding at the end the following new interest in the beer so transferred and the ‘‘(A) IN GENERAL.—In the case of any wine subsection: transferee has accepted responsibility for gallons of wine which have been produced ‘‘(h) MEAD AND LOW ALCOHOL BY VOLUME payment of the tax. outside of the United States and imported WINE.— ‘‘(b) TRANSFER OF LIABILITY FOR TAX.—For into the United States, the credit allowable ‘‘(1) IN GENERAL.—For purposes of sub- purposes of subsection (a)(3), such relief from under paragraph (1) (referred to in this para- sections (a) and (b)(1), mead and low alcohol liability shall be effective from the time of graph as the ‘tax credit’) may be assigned by by volume wine shall be deemed to be still removal from the transferor’s bonded prem- the person who produced such wine (referred wines containing not more than 16 percent of ises, or from the time of divestment of inter- to in this paragraph as the ‘foreign pro- alcohol by volume. est, whichever is later.’’. ducer’), provided that such person makes an ‘‘(2) DEFINITIONS.— (b) REMOVAL FROM BREWERY BY PIPELINE.— election described in subparagraph (B)(ii), to ‘‘(A) MEAD.—For purposes of this section, Section 5412 of the Internal Revenue Code of any electing importer of such wine gallons the term ‘mead’ means a wine— 1986 is amended by inserting ‘‘pursuant to pursuant to the requirements established by ‘‘(i) containing not more than 0.64 gram of section 5414 or’’ before ‘‘by pipeline’’. the Secretary of the Treasury under subpara- carbon dioxide per hundred milliliters of (c) EFFECTIVE DATE.—The amendments wine, except that the Secretary may by reg- made by this section shall apply to any cal- graph (B). ulations prescribe such tolerances to this endar quarters beginning more than 1 year ‘‘(B) ASSIGNMENT.—The Secretary of the limitation as may be reasonably necessary in after the date of the enactment of this Act. Treasury, in consultation with the Secretary of Health and Human Services and the Sec- good commercial practice, Subtitle C—Wine retary of the Department of Homeland Secu- ‘‘(ii) which is derived solely from honey SEC. 6031. REDUCED RATE OF EXCISE TAX ON rity, shall, through such rules, regulations, and water, CERTAIN WINE. and procedures as are determined appro- ‘‘(iii) which contains no fruit product or (a) IN GENERAL.—Section 5041(c) of the In- priate, establish procedures for assignment fruit flavoring, and ternal Revenue Code of 1986 is amended— of the tax credit provided under this para- ‘‘(iv) which contains less than 8.5 percent (1) in the heading, by striking ‘‘FOR SMALL graph, which shall include— alcohol by volume. DOMESTIC PRODUCERS’’, ‘‘(i) a limitation to ensure that the number ‘‘(B) LOW ALCOHOL BY VOLUME WINE.—For (2) by amending paragraph (1) to read as of wine gallons of wine for which the tax purposes of this section, the term ‘low alco- follows: credit has been assigned by a foreign pro- hol by volume wine’ means a wine— ‘‘(1) ALLOWANCE OF CREDIT.— ducer to any importer does not exceed the ‘‘(i) containing not more than 0.64 gram of ‘‘(A) IN GENERAL.—There shall be allowed number of wine gallons of wine produced by carbon dioxide per hundred milliliters of as a credit against any tax imposed by this such foreign producer during the calendar wine, except that the Secretary may by reg- title (other than chapters 2, 21, and 22) an year which were imported into the United ulations prescribe such tolerances to this amount equal to the sum of— States by such importer, limitation as may be reasonably necessary in ‘‘(i) $1 per wine gallon on the first 30,000 ‘‘(ii) procedures that allow the election of good commercial practice, wine gallons of wine, plus a foreign producer to assign and an importer ‘‘(ii) which is derived— ‘‘(ii) 90 cents per wine gallon on the first to receive the tax credit provided under this ‘‘(I) primarily from grapes, or 100,000 wine gallons of wine to which clause paragraph, ‘‘(II) from grape juice concentrate and (i) does not apply, plus ‘‘(iii) requirements that the foreign pro- water, ‘‘(iii) 53.5 cents per wine gallon on the first ducer provide any information as the Sec- ‘‘(iii) which contains no fruit product or 620,000 wine gallons of wine to which clauses retary determines necessary and appropriate fruit flavoring other than grape, and (i) and (ii) do not apply, for purposes of carrying out this paragraph, ‘‘(iv) which contains less than 8.5 percent on wine gallons produced by the producer or and alcohol by volume.’’. imported by the importer which are removed ‘‘(iv) procedures that allow for revocation (b) EFFECTIVE DATE.—The amendments during the calendar year for consumption or of eligibility of the foreign producer and the made by this section shall apply to wine re- sale by such producer or imported into the importer for the tax credit provided under moved during calendar years beginning after United States in such year by such importer. this paragraph in the case of any erroneous December 31, 2017. ‘‘(B) ADJUSTMENT OF CREDIT FOR HARD or fraudulent information provided under Subtitle D—Distilled Spirits CIDER.—In the case of wine described in sub- clause (iii) which the Secretary deems to be SEC. 6041. REDUCED RATE OF EXCISE TAX ON section (b)(6), subparagraph (A) of this para- material to qualifying for such credit. CERTAIN DISTILLED SPIRITS. graph shall be applied— ‘‘(C) CONTROLLED GROUP.—For purposes of (a) IN GENERAL.—Section 5001 of the Inter- ‘‘(i) in clause (i) of such subparagraph, by this section, any importer making an elec- nal Revenue Code of 1986 is amended by re- substituting ‘6.2 cents’ for ‘$1’, tion described in subparagraph (B)(ii) shall designating subsection (c) as subsection (d) ‘‘(ii) in clause (ii) of such subparagraph, by be deemed to be a member of the controlled and by inserting after subsection (b) the fol- substituting ‘5.6 cents’ for ‘90 cents’, and group of the foreign producer, as described lowing new subsection: ‘‘(iii) in clause (iii) of such subparagraph, under paragraph (3).’’. ‘‘(c) REDUCED RATE.— by substituting ‘3.3 cents’ for ‘53.5 cents’.’’, (d) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—In the case of a distilled (3) by striking paragraph (2), (1) IN GENERAL.—Subject to paragraph (2), spirits operation, the otherwise applicable (4) by redesignating paragraphs (3) through the amendments made by this section shall tax rate under subsection (a)(1) shall be— (7) as paragraphs (2) through (6), respec- apply to wine removed after September 30, ‘‘(A) $2.70 per proof gallon on the first tively, and 2018. 100,000 proof gallons of distilled spirits, and (5) by amending paragraph (6), as redesig- (2) PRORATION.—For purposes of the fourth ‘‘(B) $13.34 per proof gallon on the first nated by paragraph (4) of this subsection, to calendar quarter of 2018, the Secretary of the 22,130,000 of proof gallons of distilled spirits read as follows: Treasury (or the Secretary’s delegate) shall to which subparagraph (A) does not apply, ‘‘(6) REGULATIONS.—The Secretary may issue such guidance, rules, or regulations as on proof gallons which have been distilled or prescribe such regulations as may be nec- are deemed appropriate to provide that the processed by such operation or imported by

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.039 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1827 the importer which are removed during the priate for purposes of carrying out this para- dent advisory committees, conduct a study calendar year for consumption or sale by graph, and of the effect of the Next Generation Air such operation or imported into the United ‘‘(iv) procedures that allow for revocation Transportation System of the Federal Avia- States in such year by such importer. of eligibility of the distilled spirits operation tion Administration on the human environ- ‘‘(2) CONTROLLED GROUPS.— and the importer for the reduced tax rate ment in the vicinity of large hub airports ‘‘(A) IN GENERAL.—In the case of a con- provided under this paragraph in the case of and selected medium hub airports located in trolled group, the proof gallon quantities any erroneous or fraudulent information pro- densely populated areas. specified under subparagraphs (A) and (B) of vided under clause (iii) which the Secretary (2) CONTENTS.—The study required by sub- paragraph (1) shall be applied to such group deems to be material to qualifying for such section (a) shall include the following: and apportioned among the members of such reduced rate. (A) An analysis regarding the increase in group in such manner as the Secretary or his ‘‘(C) CONTROLLED GROUP.—For purposes of noise related complaints in communities lo- delegate shall by regulations prescribe. this section, any importer making an elec- cated near large hub airports and selected ‘‘(B) DEFINITION.—For purposes of subpara- tion described in subparagraph (B)(ii) shall medium hub airports located in densely pop- graph (A), the term ‘controlled group’ shall be deemed to be a member of the controlled ulated areas since the implementation of the have the meaning given such term by sub- group of the distilled spirits operation, as de- Next Generation Air Transportation System. section (a) of section 1563, except that ‘more scribed under paragraph (2).’’. (B) A review and evaluation of the Admin- than 50 percent’ shall be substituted for ‘at (d) EFFECTIVE DATE.— istration’s current policies and abilities to least 80 percent’ each place it appears in (1) IN GENERAL.—Subject to paragraph (2), respond and address these concerns. such subsection. the amendments made by this section shall (C) An evaluation of the human environ- ‘‘(C) RULES FOR NON-CORPORATIONS.—Under apply to distilled spirits removed after Sep- ment and health effects of increased flight regulations prescribed by the Secretary, tember 30, 2018. traffic in these communities, including con- principles similar to the principles of sub- (2) PRORATION.—For purposes of the fourth cerns regarding aircraft noise, pollution, and paragraphs (A) and (B) shall be applied to a calendar quarter of 2018, the Secretary of the safety. group under common control where one or Treasury (or the Secretary’s delegate) shall (D) An analysis of how Next Generation more of the persons is not a corporation. issue such guidance, rules, or regulations as Air Transportation System flight paths ‘‘(D) SINGLE TAXPAYER.—Pursuant to rules are deemed appropriate to provide that the could be altered to better distribute the issued by the Secretary, 2 or more entities amendments made by this section are ap- noise caused by these flights. (whether or not under common control) that plied on a prorated basis for purposes of dis- (E) Recommendations on the best and most produce distilled spirits marketed under a tilled spirits removed during such quarter. cost-effective approaches to address in- similar brand, license, franchise, or other ar- SEC. 6042. BULK DISTILLED SPIRITS. creased noise complaints associated with the rangement shall be treated as a single tax- (a) IN GENERAL.—Section 5212 of the Inter- Next Generation Air Transportation System. payer for purposes of the application of this nal Revenue Code of 1986 is amended— (F) Such other maters relating to the Next subsection.’’. (1) by striking ‘‘Bulk distilled spirits on Generation Air Transportation System as (b) CONFORMING AMENDMENT.—Section which’’ and inserting ‘‘Distilled spirits on the Comptroller General considers appro- 7652(f)(2) of the Internal Revenue Code of 1986 which’’, and priate. is amended by striking ‘‘section 5001(a)’’ and (2) by striking ‘‘bulk’’ each place it ap- (b) REPORT.—Not later than 270 days after inserting ‘‘subsection (a)(1) of section 5001, the date of the enactment of this Act, the determined as if subsection (c)(1) of such sec- pears. (b) EFFECTIVE DATE.—The amendments Comptroller General shall submit to Con- tion did not apply’’. gress a report on the results of the study (c) APPLICATION OF REDUCED TAX RATE FOR made by this section shall apply distilled conducted under subsection (a), including FOREIGN MANUFACTURERS AND IMPORTERS.— spirits transferred in bond in any calendar Subsection (c) of section 5001 of the Internal quarters beginning more than 1 year after the Comptroller General’s findings, conclu- Revenue Code of 1986, as added by subsection the date of the enactment of this Act. sions, and recommendations with respect to (a), is amended— Subtitle E—Excise Tax Administration the study. (1) in paragraph (1), by inserting ‘‘and as- SEC. 6051. INCREASE INFORMATION SHARING TO Ms. WARREN submitted an signed to such electing importer pursuant to SA 3541. ADMINISTER EXCISE TAXES. amendment intended to be proposed to paragraph (3)’’ after ‘‘by such importer’’, and (a) IN GENERAL.—Section 6103(o) of the In- (2) by adding at the end the following new ternal Revenue Code of 1986 is amended by amendment SA 3464 submitted by Mr. paragraph: adding at the end the following new para- THUNE (for himself and Mr. NELSON) to ‘‘(3) REDUCED TAX RATE FOR FOREIGN MANU- graph: the bill H.R. 636, to amend the Internal FACTURERS AND IMPORTERS.— ‘‘(3) TAXES IMPOSED BY SECTION 4481.—Re- Revenue Code of 1986 to permanently ‘‘(A) IN GENERAL.—In the case of any proof turns and return information with respect to extend increased expensing limita- gallons of distilled spirits which have been taxes imposed by section 4481 shall be open tions, and for other purposes; which produced outside of the United States and to inspection by or disclosure to officers and was ordered to lie on the table; as fol- imported into the United States, the rate of employees of United States Customs and tax applicable under paragraph (1) (referred Border Protection of the Department of lows: to in this paragraph as the ‘reduced tax Homeland Security whose official duties re- At the end of title IV, add the following: rate’) may be assigned by the distilled sprits quire such inspection or disclosure for pur- Subtitle C—Accountability to Community operation (provided that such operation poses of administering such section.’’. SEC. 4301. SHORT TITLE. makes an election described in subparagraph (b) CONFORMING AMENDMENTS.—Paragraph This subtitle may be cited as the ‘‘FAA (B)(ii)) to any electing importer of such (4) of section 6103(p) of the Internal Revenue Community Accountability Act of 2016’’. proof gallons pursuant to the requirements Code of 1986 is amended by striking ‘‘or SEC. 4302. FLIGHT PATHS AND PROCEDURES. established by the Secretary of the Treasury (o)(1)(A)’’ each place it appears and inserting Notwithstanding any other provision of under subparagraph (B). ‘‘, (o)(1)(A) or (o)(3)’’. law, in considering new or revised flight ‘‘(B) ASSIGNMENT.—The Secretary of the paths or procedures as part of the implemen- Treasury, in consultation with the Secretary SA 3540. Ms. WARREN submitted an tation of the Next Generation Air Transpor- of Health and Human Services and the Sec- amendment intended to be proposed to tation System, the Administrator of the retary of the Department of Homeland Secu- amendment SA 3464 submitted by Mr. Federal Aviation Administration— rity, shall, through such rules, regulations, THUNE (for himself and Mr. NELSON) to (1) shall take actions to limit negative im- and procedures as are determined appro- the bill H.R. 636, to amend the Internal pacts on the human environment in the vi- priate, establish procedures for assignment cinity of an affected airport; and of the reduced tax rate provided under this Revenue Code of 1986 to permanently extend increased expensing limita- (2) may give preference to overlays of ex- paragraph, which shall include— isting flight paths or procedures to ensure ‘‘(i) a limitation to ensure that the number tions, and for other purposes; which compatibility with land use in the vicinity of of proof gallons of distilled spirits for which was ordered to lie on the table; as fol- an affected airport. the reduced tax rate has been assigned by a lows: SEC. 4303. FEDERAL AVIATION ADMINISTRATION distilled spirits operation to any importer At the appropriate place, insert the fol- COMMUNITY OMBUDSMAN. does not exceed the number of proof gallons lowing: (a) ESTABLISHMENT.—Not later than 180 produced by such operation during the cal- SEC. llll. STUDY ON THE EFFECT OF NEXT days after the date of enactment of this Act, endar year which were imported into the GENERATION AIR TRANSPORTATION the Administrator of the Federal Aviation United States by such importer, SYSTEM ON THE HUMAN ENVIRON- Administration shall appoint a Federal Avia- ‘‘(ii) procedures that allow the election of MENT. tion Administration Community Ombuds- a distilled spirits operation to assign and an (a) STUDY.— man for each region of the Federal Aviation importer to receive the reduced tax rate pro- (1) IN GENERAL.—Not later than 270 days Administration. vided under this paragraph, after the date of the enactment of this Act, (b) DUTIES.—The Ombudsmen appointed in ‘‘(iii) requirements that the distilled spir- the Comptroller General of the United States accordance with subsection (a) shall— its operation provide any information as the shall, in consultation with State and local (1) act as a liaison between affected com- Secretary determines necessary and appro- governments and where applicable local resi- munities and the Administrator with respect

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.039 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1828 CONGRESSIONAL RECORD — SENATE April 7, 2016 to problems related to the impact of com- THUNE (for himself and Mr. NELSON) to (2) In a global economy, air carriers con- mercial aviation on the human environment, the bill H.R. 636, to amend the Internal nect the people of the United States with the including concerns regarding aircraft noise, Revenue Code of 1986 to permanently rest of the world. A strong air transportation pollution, and safety; extend increased expensing limita- industry is essential to the ability of the (2) monitor the impact of the implementa- United States to compete in the inter- tion of the Next Generation Air Transpor- tions, and for other purposes; which national marketplace. tation System on communities in the vicin- was ordered to lie on the table; as fol- (3) A strong air transportation industry de- ity of affected airports; lows: pends on competition between a number of (3) make recommendations to the Adminis- At the appropriate place, insert the fol- air carriers servicing a variety of routes for trator— lowing: domestic and international travelers, at both (A) to address concerns raised by commu- SEC. ll. STATE REGULATION OF AIR AMBU- the national and local levels. nities; and LANCE SERVICE PROVIDERS. (4) Important stakeholders contribute to, (B) to improve the use of community com- Notwithstanding any other provision of and are dependent on, a robust air transpor- ments in Administration decisionmaking law or regulation, including section 41713 of tation industry, including— processes; and title 49, United States Code, a State may (A) business and leisure travelers; (4) report to Congress periodically on enact or enforce a law, regulation, or other (B) the tourism sector; issues related to the impact of commercial provision having the force and effect of law (C) shippers; aviation on the human environment and on that regulates the price or service of an air (D) State and local governments and port Administration responsiveness to concerns carrier that provides air ambulance service authorities; raised by affected communities. in that State. (E) aircraft manufacturers; and SEC. 4304. COMMUNITY ENGAGEMENT. (F) domestic and foreign air carriers. (a) IN GENERAL.—Notwithstanding any SA 3543. Mr. HOEVEN (for himself (5) As a result of the consolidation of United States air carriers, there has been a other provision of law, in implementing the and Mr. COCHRAN) submitted an amend- Next Generation Air Transportation System, precipitous decline in the number of major ment intended to be proposed to passenger air carriers in the United States. the Administrator of the Federal Aviation amendment SA 3464 submitted by Mr. Administration may not treat the establish- (6) In the past few years, the air transpor- ment or revision of a flight path or proce- THUNE (for himself and Mr. NELSON) to tation industry has become increasingly con- dure as covered by a categorical exclusion the bill H.R. 636, to amend the Internal centrated. In 2015, the top 4 major air car- (as defined in section 1508.4 of title 40, Code Revenue Code of 1986 to permanently riers accounted for 80 percent of passenger of Federal Regulations) if an Federal Avia- extend increased expensing limita- air traffic in the United States. tion Administration Community Ombuds- tions, and for other purposes; which (7) The continued success of a deregulated man or the operator of an airport affected by was ordered to lie on the table; as fol- air carrier system requires actual competi- tion to encourage all participants in the in- such establishment or revision submits writ- lows: ten notification to the Administrator that— dustry to provide high quality service at On page 117, line 17, insert after ‘‘sub- (1) extraordinary circumstances exist; or competitive fares. section (a).’’ the following: ‘‘In developing (2) the establishment or revision will have (8) Further consolidation among air car- and carrying out the pilot program under a significant adverse impact on the human riers threatens to leave the industry without this subsection, the Administrator shall, to environment in the vicinity of such airport. sufficient competition to ensure that the the maximum extent practicable, leverage (b) NOTIFICATIONS.—At least 30 days before people of the United States share in the ben- treating the establishment or revision of a the capabilities of and utilize the Center of efits of a well-functioning air transportation flight path or procedure as covered by a cat- Excellence for Unmanned Aircraft Systems industry. egorical exclusion, the Administrator shall and the test sites established under section (b) ESTABLISHMENT OF NATIONAL COMMIS- provide notice and an opportunity for com- 332(c) of the FAA Modernization and Reform SION TO ENSURE ALL AMERICANS HAVE ACCESS ment to persons affected by such establish- Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 TO AND BENEFIT FROM A STRONG AND COM- ment or revision, including the operator of note).’’. PETITIVE AIR TRANSPORTATION INDUSTRY.— any affected airport. There is established a Commission, which SA 3544. Mr. BLUMENTHAL sub- shall be known as the ‘‘National Commission SEC. 4305. RECONSIDERATION OF CERTAIN to Ensure All Americans Have Access to and FLIGHT PATHS AND PROCEDURES. mitted an amendment intended to be Benefit from a Strong and Competitive Air (a) IN GENERAL.—Notwithstanding any proposed by him to the bill H.R. 636, to Transportation Industry’’ (referred to in this other provision of law, the Administrator of amend the Internal Revenue Code of section as the ‘‘Commission’’). the Federal Aviation Administration shall 1986 to permanently extend increased (c) FUNCTIONS.— reconsider a flight path or procedure estab- expensing limitations, and for other (1) STUDY.—The Commission shall conduct lished or revised after February 14, 2012, as purposes; which was ordered to lie on a study of the passenger air transportation part of the implementation of the Next Gen- the table; as follows: industry, with priority given to issues speci- eration Air Transportation System if a Fed- fied in subsection (d). eral Aviation Administration Community At the end of subsection (a) of section 3114 add the following: (2) POLICY RECOMMENDATIONS.—Based on Ombudsman or the operator of an airport af- the results of the study conducted under fected by such establishment or revision sub- (5) by adding after subsection (d), as redes- ignated, the following: paragraph (1), the Commission shall rec- mits written notification to the Adminis- ommend to the President and to Congress trator that the establishment or revision is ‘‘(e) REPORTING REQUIREMENT.—Upon re- ceipt of any complaint, an air carrier shall the adoption of policies that will— resulting in a significant adverse impact on (A) achieve the national goal of a strong the human environment in the vicinity of send the content of the complaint to the Aviation Consumer Protection Division of and competitive air carrier system and fa- such airport. cilitate the ability of the United States to (b) PROCESS.—In reconsidering a flight the Department of Transportation.’’. compete in the global economy; path or procedure under subsection (a), the (B) provide robust levels of competition Administrator shall— SA 3545. Mr. BLUMENTHAL sub- and air transportation at reasonable fares in (1) provide notice of the reconsideration mitted an amendment intended to be cities of all sizes; and an opportunity for public comment; proposed to amendment SA 3464 sub- (C) provide a stable work environment for (2) assess the impacts on the human envi- mitted by Mr. THUNE (for himself and employees of air carriers; ronment of such flight path or procedure; Mr. NELSON) to the bill H.R. 636, to (D) account for the interests of different and amend the Internal Revenue Code of stakeholders that contribute to, and are de- (3) not later than 180 days after the date on pendent on, the air transportation industry; which the relevant notification was received, 1986 to permanently extend increased and submit to Congress and make available to expensing limitations, and for other (E) provide appropriate levels of protection the public a report that— purposes; which was ordered to lie on for consumers, including access to informa- (A) addresses comments received pursuant the table; as follows: tion to enable consumer choice. to paragraph (1); At the end of subtitle A of title III, add the (d) SPECIFIC ISSUES TO BE ADDRESSED.—In (B) describes the results of the assessment following: conducting the study under subsection (c)(1), carried out under paragraph (2); and SEC. 3124. IMPROVING AIRLINE COMPETITIVE- the Commission shall investigate— (C) describes any changes to be made to NESS. (1) the current state of competition in the such flight path or procedure or the jus- (a) FINDINGS.—Congress makes the fol- air transportation industry, how the struc- tification for not making any change. lowing findings: ture of that competition is likely to change (1) The people of the United States and the during the 5-year period beginning on the SA 3542. Mr. HOEVEN (for himself United States economy depend on a strong date of the enactment of this Act, whether and Mr. TESTER) submitted an amend- and competitive passenger air transportation that expected level of competition will be ment intended to be proposed to industry to move people and goods in the sufficient to secure the consumer benefits of amendment SA 3464 submitted by Mr. fastest, most efficient manner. air carrier deregulation, and the effects of—

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.041 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1829 (A) air carrier consolidation and practices (5) the effect that air carrier consolidation its duties under this section. Upon the re- on consumers, including the competitiveness has had on— quest of the Commission, the head of such of fares and services and the ability of con- (A) employment and economic develop- agency shall furnish such nonconfidential in- sumers to engage in comparison shopping for ment opportunities of localities, particularly formation to the Commission. air carrier fees; small and mid-size localities; and (j) REPORT.—Not later than 180 days after (B) airfare pricing policies, including (B) former hub airports, including the posi- the date on which initial appointments of whether reduced competition artificially in- tive and negative consequences of routing air members to the Commission are made under flates ticket prices; traffic through hub airports. subsection (e)(1), and after a public comment (C) the level of competition as of the date (e) MEMBERSHIP.— period of not less than 30 days, the Commis- of the enactment of this Act on the travel (1) APPOINTMENT.—The Commission shall sion shall submit a report to the President distribution sector, including online and tra- be composed of 21 members, of whom— and Congress that— ditional travel agencies and intermediaries; (A) 7 shall be appointed by the President; (1) describes the activities of the Commis- (D) economic and other effects on domestic (B) 4 shall be appointed by the Speaker of sion; air transportation markets in which 1 or 2 the House of Representatives; (2) includes recommendations made by the air carriers control the majority of available (C) 3 shall be appointed by the minority Commission under subsection (c)(2); and seat miles; leader of the House of Representatives; (3) contains a summary of the comments (E) the tactics used by incumbent air car- (D) 4 shall be appointed by the majority received during the public comment period. riers to compete against smaller, regional leader of the Senate; and (k) TERMINATION.—The Commission shall carriers, or inhibit new or potential new en- (E) 3 shall be appointed by the minority terminate on the date that is 180 days after trant air carriers into a particular market; leader of the Senate. the date of the submission of the report and (2) QUALIFICATIONS.— under subsection (j). Upon the submission of (F) the ability of new entrant air carriers (A) IN GENERAL.—Members appointed pur- such report, the Commission shall deliver all to provide new service to underserved mar- suant to paragraph (1) shall be appointed records and papers of the Commission to the kets; from among United States citizens who bring Administrator of General Services for de- (2) the legislative and administrative ac- knowledge of, and informed insights into, posit in the National Archives. tions that the Federal Government should aviation, transportation, travel, and tourism take to enhance air carrier competition, in- policy. SA 3546. Mr. BLUMENTHAL sub- cluding changes that are needed in the legal (B) REPRESENTATION.—Members appointed mitted an amendment intended to be and administrative policies that govern— pursuant to paragraph (1) shall be appointed proposed by him to the bill H.R. 636, to (A) the initial award and the transfer of in a manner so that at least 1 member of the amend the Internal Revenue Code of international routes; Commission represents the interests of each 1986 to permanently extend increased (B) the allocation of gates and landing of the following: expensing limitations, and for other rights, particularly at airports dominated by (i) The Department of Transportation. 1 air carrier or a limited number of air car- purposes; which was ordered to lie on (ii) The Department of Justice. the table; as follows: riers; (iii) Legacy, networked air carriers. (C) frequent flier programs; (iv) Non-legacy air carriers. At the end of subtitle A of title III, add the (D) the rights of foreign investors to invest (v) Air carrier employees. following: in the domestic air transportation market- (vi) Large aircraft manufacturers. SEC. 3214. MODIFICATION OF DEFINITION OF DIS- place; (vii) Ticket agents not part of an Internet- ABILITY FOR DISCRIMINATION CLAIMS AGAINST AIR CARRIERS. (E) the access of foreign air carriers to the based travel company. domestic air transportation marketplace; Section 41705(a) is amended to read as fol- (viii) Large airports. lows: (F) the taxes and user fees imposed on air (ix) Small or mid-size airports with com- carriers; ‘‘(a) IN GENERAL.—In providing air trans- mercial service. portation, an air carrier, including (subject (G) the responsibilities imposed on air car- (x) Shippers. riers; to section 40105(b)) any foreign air carrier, (xi) Consumers. (H) the bankruptcy laws of the United may not discriminate against an individual (xii) General aviation. States and related rules administered by the on the basis of disability, as defined in sec- (xiii) Local governments or port authori- Department of Transportation as such laws tion 3 of the Americans with Disabilities Act ties that operate commercial airports. and rules apply to air carriers; of 1990 (42 U.S.C. 12102).’’. (xiv) Internet-based travel companies. (I) the obligations of failing air carriers to (xv) The travel and tourism industry. meet pension obligations; SA 3547. Mr. BLUMENTHAL sub- (xvi) Global distribution systems. (J) antitrust immunity for international mitted an amendment intended to be (xvii) Corporate business travelers. air carrier alliances and the process for ap- proposed to amendment SA 3464 sub- (3) TERMS.—Members shall be appointed for proving such alliances and awarding that im- mitted by Mr. THUNE (for himself and the life of the Commission. munity; Mr. NELSON) to the bill H.R. 636, to (K) competition of air carrier codeshare (4) CHAIRMAN.—The Chairman of the Com- mission shall be elected by the members of amend the Internal Revenue Code of partnerships and joint ventures; and 1986 to permanently extend increased (L) constraints on new entry into the do- the Commission. mestic air transportation marketplace; (5) VACANCIES.—A vacancy in the Commis- expensing limitations, and for other (3) whether the policies and strategies of sion shall be filled in the manner in which purposes; which was ordered to lie on the United States in international air trans- the original appointment was made. the table; as follows: portation are promoting the ability of (6) TRAVEL EXPENSES.—Members shall At the end of title V, add the following: serve without pay, but shall receive travel United States air carriers to achieve long- SEC. 5032. REGULATIONS RELATING TO E-CIGA- term competitive success in international expenses, including per diem in lieu of sub- RETTES. air transportation markets, and to secure sistence, in accordance with sections 5702 (a) IN GENERAL.—Not later than 180 days the benefits of robust competition, includ- and 5703 of title 5, United States Code. after the date of the enactment of this Act, (f) STAFF.—The Commission may appoint ing— the Administrator of the Pipeline and Haz- and fix the pay of such personnel as the Com- (A) the general negotiating policy of the ardous Materials Safety Administration mission considers appropriate. United States with respect to international shall, in coordination and consultation with (g) STAFF OF FEDERAL AGENCIES.—Upon the air transportation; request of the Commission, the head of any the Administrator of the Federal Aviation (B) the desirability of multilateral rather Federal agency may detail, on a reimburs- Administration— than bilateral negotiations with respect to able basis, any of the personnel of that agen- (1) finalize the interim final rule of the international air transportation; cy to the Commission to assist the Commis- Pipeline and Hazardous Materials Safety Ad- (C) whether foreign countries have devel- sion in carrying out its duties under this sec- ministration issued October 30, 2015, per- oped the necessary infrastructure of airports tion. taining to e-cigarettes; and and airways to enable United States air car- (h) ADMINISTRATIVE SUPPORT SERVICES.— (2) expand that rule to prohibit the car- riers to provide the service needed to meet Upon the request of the Commission, the Ad- rying of battery-powered portable electronic the demand for air transportation between ministrator of General Services shall provide smoking devices in checked baggage and in the United States and those countries; to the Commission, on a reimbursable basis, carry-on baggage. (D) the desirability of liberalization of the administrative support services nec- (b) DEFINITION.—In this section, the term United States domestic air transportation essary for the Commission to carry out its ‘‘battery-powered portable electronic smok- markets; and responsibilities under this section. ing devices’’ means e-cigarettes, e-cigs, e-ci- (E) the impediments to access by foreign (i) OBTAINING OFFICIAL DATA.—The Com- gars, e-pipes, e-hookahs, personal vaporizers, air carriers to routes to and from the United mission may secure directly from any Fed- and electronic nicotine delivery systems. States; eral agency information (other than infor- (4) the effect that air carrier consolidation mation required by any provision of law to SA 3548. Mr. BLUMENTHAL (for has had on business and leisure travelers, be kept confidential by that agency) that is himself, Mr. MARKEY, and Ms. BALD- and travel and tourism more broadly; and necessary for the Commission to carry out WIN) submitted an amendment intended

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.041 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1830 CONGRESSIONAL RECORD — SENATE April 7, 2016 to be proposed by him to the bill H.R. ‘‘(A) IN GENERAL.—The term ‘qualified off- to any vote on the suspension of benefits 636, to amend the Internal Revenue shore wind property’ means an offshore facil- under section 305(e)(9)(H) of the Employee Code of 1986 to permanently extend in- ity using wind to produce electricity. Retirement Income Security Act of 1974 (29 creased expensing limitations, and for ‘‘(B) OFFSHORE FACILITY.—The term ‘off- U.S.C. 1085(e)(9)(H)) and section 432(e)(9)(H) shore facility’ means any facility located in of the Internal Revenue Code of 1986 that oc- other purposes; which was ordered to the inland navigable waters of the United curs after the date of enactment of this Act. lie on the table; as follows: States, including the Great Lakes, or in the At the end of subtitle A of title III, add the coastal waters of the United States, includ- SA 3551. Mrs. BOXER submitted an following: ing the territorial seas of the United States, amendment intended to be proposed to SEC. 3124. PRIVATE RIGHT OF ACTION FOR DIS- the exclusive economic zone of United amendment SA 3464 submitted by Mr. CRIMINATION CLAIMS AGAINST AIR States, and the outer Continental Shelf of THUNE (for himself and Mr. NELSON) to CARRIERS. the United States. the bill H.R. 636, to amend the Internal ‘‘(C) EXCEPTION FOR QUALIFIED SMALL WIND Section 41705 is amended— Revenue Code of 1986 to permanently ‘‘(d) CIVIL ACTION.— ENERGY PROPERTY.—The term ‘qualified off- shore wind property’ shall not include any extend increased expensing limita- ‘‘(1) IN GENERAL.—Any person aggrieved by tions, and for other purposes; which a violation by an air carrier of this section property described in paragraph (4).’’. or a regulation prescribed under this section (b) EFFECTIVE DATE.—The amendments was ordered to lie on the table; as fol- may, not later than 2 years after the date of made by this section shall take effect on the lows: date of the enactment of this Act. the violation, bring a civil action in the dis- At the end of subtitle A of title II, add the trict court of the United States in the dis- SA 3550. Mr. PORTMAN (for himself following: trict in which the person resides, in the dis- and Mr. BURR) submitted an amend- PART IV—SAFE OPERATION OF trict in which the principal place of business UNMANNED AIRCRAFT SYSTEMS of the air carrier is located, or in the district ment intended to be proposed to amendment SA 3464 submitted by Mr. SEC. 2161. SHORT TITLE. in which the violation occurred. This part may be cited as the ‘‘Safety for THUNE (for himself and Mr. NELSON) to ‘‘(2) RELIEF.—In a civil action brought Airports and Firefighters by Ensuring under paragraph (1) in which the plaintiff the bill H.R. 636, to amend the Internal Drones Refrain from Obstructing Necessary prevails— Revenue Code of 1986 to permanently Equipment Act of 2016’’ or the ‘‘SAFE ‘‘(A) the plaintiff may obtain equitable and extend increased expensing limita- DRONE Act of 2016’’. legal relief, including compensatory and pu- tions, and for other purposes; which SEC. 2162. CRIMINAL PENALTY FOR OPERATING nitive damages; and was ordered to lie on the table; as fol- DRONES IN CERTAIN LOCATIONS. ‘‘(B) the court shall award reasonable at- lows: (a) IN GENERAL.—Chapter 2 of title 18, torney’s fees, reasonable expert fees, and the At the appropriate place, insert the fol- United States Code, is amended by adding at costs of the action to the plaintiff. lowing: the end the following: ‘‘(3) NO REQUIREMENT FOR EXHAUSTION OF SEC. llll. BENEFIT SUSPENSIONS FOR MULTI- ‘‘§ 40A. Operating drones in certain locations REMEDIES.—Any person aggrieved by a viola- EMPLOYER PLANS IN CRITICAL AND tion by an air carrier of this section or a reg- ‘‘(a) OFFENSE.—It shall be unlawful for a DECLINING STATUS. person to knowingly operate a drone in a re- ulation prescribed under this section is not (a) ERISA AMENDMENTS.—Section required to exhaust administrative com- stricted area without proper authorization 305(e)(9)(H) of the Employee Retirement In- from the Federal Aviation Administration. plaint procedures before filing a civil action come Security Act of 1974 (29 U.S.C. under paragraph (1). ‘‘(b) EXCEPTION.—Subsection (a) shall not 1085(e)(9)(H)) is amended— apply to operations conducted for purposes ‘‘(4) RULE OF CONSTRUCTION.—Nothing in (1) in clause (ii)— this subsection shall be construed to invali- of firefighting or emergency response by a (A) by striking ‘‘Except as provided in Federal, State, or local unit of government date or limit other Federal or State laws af- clause (v), the’’ and inserting ‘‘The’’; and fording to people with disabilities greater (including any individual conducting such (B) by striking ‘‘a majority of all partici- operations pursuant to a contract or other legal rights or protections than those grant- pants and beneficiaries of the plan’’ and in- ed in this section.’’. agreement entered into with the unit). serting ‘‘, of the participants and bene- ‘‘(c) REGULATIONS.—Not later than 90 days ficiaries of the plan who cast a vote, a major- after the date of the enactment of this sec- SA 3549. Mr. MARKEY (for himself ity’’; tion, the Attorney General shall, by regula- and Mr. WHITEHOUSE) submitted an (2) by striking clause (v); tion, establish penalties for a violation of amendment intended to be proposed to (3) by redesignating clause (vi) as clause this section that the Attorney General deter- amendment SA 3464 submitted by Mr. (v); and mines are reasonably calculated to provide a (4) in clause (v), as so redesignated— THUNE (for himself and Mr. NELSON) to deterrent to operating drones in restricted the bill H.R. 636, to amend the Internal (A) by striking ‘‘(or following a determina- areas, which may include a term of imprison- tion under clause (v) that the plan is a sys- Revenue Code of 1986 to permanently ment. temically important plan)’’; and ‘‘(d) DEFINITIONS.—In this section— extend increased expensing limita- (B) by striking ‘‘(or, in the case of a sus- ‘‘(1) the term ‘drone’ has the meaning tions, and for other purposes; which pension that goes into effect under clause given the term ‘unmanned aircraft’ in sec- was ordered to lie on the table; as fol- (v), at a time sufficient to allow the imple- tion 44801 of title 49; lows: mentation of the suspension prior to the end ‘‘(2) the terms ‘large hub airport’, ‘medium of the 90-day period described in clause At the appropriate place, insert the fol- hub airport’, and ‘small hub airport’ have (v)(I))’’. lowing: the meanings given those terms in section (b) IRC AMENDMENTS.—Section 432(e)(9)(H) 47102 of title 49; and lll SEC. . ENERGY CREDIT FOR QUALIFIED of the Internal Revenue Code of 1986 is ‘‘(3) the term ‘restricted area’ means— OFFSHORE WIND FACILITIES. amended— ‘‘(A) within a 2-mile radius of a small hub (a) IN GENERAL.—Section 48 of the Internal (1) in clause (ii)— airport, medium hub airport, or large hub Revenue Code is amended— (A) by striking ‘‘Except as provided in airport; (1) in subsection (a)— clause (v), the’’ and inserting ‘‘The’’; and ‘‘(B) within 2 miles of the outermost pe- (A) in paragraph (2)(A)(i)— (B) by striking ‘‘a majority of all partici- rimeter of an ongoing firefighting operation (i) in subclause (III), by striking ‘‘and’’ at pants and beneficiaries of the plan’’ and in- involving the Department of Agriculture or the end, and serting ‘‘, of the participants and bene- the Department of the Interior; or (ii) by adding at the end the following new ficiaries of the plan who cast a vote, a major- ‘‘(C) in an area that is subject to a tem- subclause: ity’’; porary flight restriction issued by the Ad- ‘‘(V) qualified offshore wind property, (2) by striking clause (v); ministrator of the Federal Aviation Admin- and’’, and (3) by redesignating clause (vi) as clause istration.’’. (B) in paragraph (3)(A)— (v); and (b) CLERICAL AMENDMENT.—The table of (i) in clause (vi), by striking ‘‘or’’ at the (4) in clause (v), as so redesignated— sections at the beginning of chapter 2 of title end, (A) by striking ‘‘(or following a determina- 18, United States Code, is amended by adding (ii) in clause (vii), by adding ‘‘or’’ at the tion under clause (v) that the plan is a sys- at the end the following new item: end, and temically important plan)’’; and ‘‘40A. Operating drones in certain loca- (iii) by adding at the end the following new (B) by striking ‘‘(or, in the case of a sus- tions.’’. clause: pension that goes into effect under clause ‘‘(viii) qualified offshore wind property, (v), at a time sufficient to allow the imple- SA 3552. Mrs. FEINSTEIN (for her- but only with respect to periods ending be- mentation of the suspension prior to the end self, Mr. BENNET, and Mrs. BOXER) sub- fore January 1, 2026,’’. of the 90-day period described in clause (2) in subsection (c), by adding at the end (v)(I))’’. mitted an amendment intended to be the following new paragraph: (c) EFFECTIVE DATE.—The amendments proposed to amendment SA 3464 sub- ‘‘(5) QUALIFIED OFFSHORE WIND PROPERTY.— made by subsections (a) and (b) shall apply mitted by Mr. THUNE (for himself and

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.044 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1831 Mr. NELSON) to the bill H.R. 636, to (B) The item relating to section 136 in the (b) PUBLIC ENGAGEMENT.—In establishing amend the Internal Revenue Code of table of sections of part III of subchapter B the process required by subsection (a), the 1986 to permanently extend increased of chapter 1 of such Code is amended— Administrator shall— expensing limitations, and for other (i) by inserting ‘‘and water’’ after ‘‘en- (1) review and respond to requests made by purposes; which was ordered to lie on ergy’’, and States, political subdivisions of States, other (ii) by striking ‘‘provided by public utili- elected officials, and community organiza- the table; as follows: ties’’. tions to evaluate specific helicopter routes At the appropriate place, insert the fol- (c) EFFECTIVE DATE.—The amendments to reduce noise; and lowing: made by this section shall apply to amounts (2) provide a means for the public to par- SEC. lll. MODIFICATIONS TO INCOME EXCLU- received after January 1, 2015. ticipate in the process. SION FOR CONSERVATION SUB- (d) NO INFERENCE.—Nothing in this Act or SIDIES. the amendments made by this Act shall be SA 3555. Mr. FLAKE submitted an (a) IN GENERAL.—Subsection (a) of section construed to create any inference with re- amendment intended to be proposed by 136 of the Internal Revenue Code of 1986 is spect to the proper tax treatment of any sub- amended— him to the bill H.R. 636, to amend the sidy received directly or indirectly from a Internal Revenue Code of 1986 to per- (1) by striking ‘‘any subsidy provided’’ and public utility, a storm water management inserting ‘‘any subsidy— provider, or a State or local government for manently extend increased expensing ‘‘(1) provided’’, any water conservation measure or storm limitations, and for other purposes; (2) by striking the period at the end and in- water management measure before January which was ordered to lie on the table; serting a comma, and 1, 2015. as follows: (3) by adding at the end the following new paragraphs: At the appropriate place, insert the fol- SA 3553. Mr. DAINES submitted an lowing: ‘‘(2) provided (directly or indirectly) by a amendment intended to be proposed to public utility to a customer, or by a State or SEC. ll. PRIVATE PILOT PRIVILEGES AND LIMI- local government to a resident of such State amendment SA 3464 submitted by Mr. TATIONS. or locality, for the purchase or installation THUNE (for himself and Mr. NELSON) to (a) IN GENERAL.—Not later than 60 days of any water conservation measure, or the bill H.R. 636, to amend the Internal after the date of the enactment of this Act, ‘‘(3) provided (directly or indirectly) by a Revenue Code of 1986 to permanently the Administrator of the Federal Aviation storm water management provider to a cus- extend increased expensing limita- Administration shall issue or revise regula- tions to ensure that a person who holds a pri- tomer, or by a State or local government to tions, and for other purposes; which a resident of such State or locality, for the vate pilot certificate may communicate with was ordered to lie on the table; as fol- the public, in any manner the person deter- purchase or installation of any storm water lows: management measure.’’. mines appropriate, to facilitate a covered (b) CONFORMING AMENDMENTS.— On page 270, strike lines 2 through 11 and flight. (1) DEFINITION OF WATER CONSERVATION insert the following: (b) COVERED FLIGHT DEFINED.—In this sec- MEASURE AND STORM WATER MANAGEMENT (a) RULEMAKING.— tion, the term ‘‘covered flight’’ means an air- MEASURE.—Section 136(c) of the Internal Rev- (1) IN GENERAL.—Not later than 1 year after craft flight for which the pilot and pas- enue Code of 1986 is amended— the date of enactment of this Act, the Sec- sengers share operating expenses in accord- (A) by striking ‘‘ENERGY CONSERVATION retary of Transportation shall issue final ance with section 61.113(c) of title 14, Code of MEASURE’’ in the heading thereof and insert- regulations to require a covered air carrier Federal Regulations, or successor regulation. ing ‘‘DEFINITIONS’’, to promptly provide an automatic refund or (B) by striking ‘‘IN GENERAL’’ in the head- other compensation to a passenger if the SA 3556. Mr. FLAKE submitted an ing of paragraph (1) and inserting ‘‘ENERGY covered air carrier— amendment intended to be proposed to CONSERVATION MEASURE’’, and (A) has charged the passenger an ancillary amendment SA 3464 submitted by Mr. (C) by redesignating paragraph (2) as para- fee for checked baggage; and THUNE (for himself and Mr. NELSON) to graph (4) and by inserting after paragraph (1) (B) fails to deliver the checked baggage to the bill H.R. 636, to amend the Internal the passenger not later than 6 hours after the following: Revenue Code of 1986 to permanently ‘‘(2) WATER CONSERVATION MEASURE.—For the arrival of a domestic flight or 12 hours after the arrival of an international flight. extend increased expensing limita- purposes of this section, the term ‘water con- tions, and for other purposes; which servation measure’ means any installation (2) CHOICE OF COMPARABLE COMPENSATION.— or modification primarily designed to reduce The final regulations issued under paragraph was ordered to lie on the table; as fol- consumption of water or to improve the (1) shall not prescribe specific compensation, lows: management of water demand with respect but shall permit covered air carriers to pro- At the appropriate place, insert the fol- to a dwelling unit. vide the passenger with a choice of com- lowing: ‘‘(3) STORM WATER MANAGEMENT MEASURE.— parable compensation so long as a full refund SEC. ll. ELIMINATION OF EXCLUSION OF CER- For purposes of this section, the term ‘storm of the ancillary fee is one of the choices si- TAIN DUAL NATIONALS FROM PAR- water management measure’ means any in- multaneously offered by the covered air car- TICIPATION IN THE VISA WAIVER stallation or modification of property pri- rier. PROGRAM. marily designed to reduce or manage Section 217(a)(12) of the Immigration and amounts of storm water with respect to a SA 3554. Mrs. GILLIBRAND (for her- Nationality Act (8 U.S.C. 1187(a)(12)) is dwelling unit.’’. self and Mr. SCHUMER) submitted an amended— (2) DEFINITION OF PUBLIC UTILITY.—Section amendment intended to be proposed to (1) in subparagraph (A)— 136(c)(4) of such Code (as redesignated by amendment SA 3464 submitted by Mr. (A) by striking clause (ii); paragraph (1)(C)) is amended by striking sub- THUNE (for himself and Mr. NELSON) to (B) by striking ‘‘(C)—’’ and all that follows paragraph (B) and inserting the following: the bill H.R. 636, to amend the Internal through ‘‘the alien has not been present’’ and ‘‘(B) PUBLIC UTILITY.—The term ‘public inserting ‘‘(C), the alien has not been Revenue Code of 1986 to permanently present’’; and utility’ means a person engaged in the sale extend increased expensing limita- of electricity, natural gas, or water to resi- (C) by redesignating subclauses (I), (II), dential, commercial, or industrial customers tions, and for other purposes; which and (III) as clauses (i), (ii), and (iii), respec- for use by such customers. was ordered to lie on the table; as fol- tively, and realigning the margin of each ‘‘(C) STORM WATER MANAGEMENT PRO- lows: such clause two ems to the left; and VIDER.—The term ‘storm water management At the end of title V, add the following: (2) in subparagraph (B), in the matter pre- provider’ means a person engaged in the pro- SEC. 5023. MINIMUM ALTITUDES FOR HELI- ceding clause (i), by striking ‘‘(A)(i)’’ and in- vision of storm water management measures COPTERS OVER POPULATED AREAS. serting ‘‘(A)’’. to the public. (a) IN GENERAL.—Not later than 1 year ‘‘(D) PERSON.—For purposes of subpara- after the date of the enactment of this Act, SA 3557. Mr. FLAKE (for himself, Mr. graphs (B) and (C), the term ‘person’ includes the Administrator shall establish a process LEAHY, Mr. DURBIN, Mr. ENZI, Ms. COL- the Federal Government, a State or local for evaluating— LINS, Mr. HELLER, and Mr. WHITEHOUSE) government or any political subdivision (1) whether minimum altitude require- submitted an amendment intended to thereof, or any instrumentality of any of the ments for helicopter routes over populated be proposed by him to the bill H.R. 636, foregoing.’’. areas can be safely set for the purpose of re- to amend the Internal Revenue Code of (3) CLERICAL AMENDMENTS.— ducing noise effects on the surrounding com- 1986 to permanently extend increased (A) The heading of section 136 of such Code munity; and is amended— (2) in the case of routes for which min- expensing limitations, and for other (i) by inserting ‘‘AND WATER’’ after ‘‘EN- imum altitudes cannot be safely set, whether purposes; which was ordered to lie on ERGY’’, and those routes should be otherwise modified, the table; as follows: (ii) by striking ‘‘PROVIDED BY PUBLIC UTILI- restricted, or eliminated due to excessive At the appropriate place, insert the fol- TIES’’. noise effects. lowing:

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.045 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1832 CONGRESSIONAL RECORD — SENATE April 7, 2016 SEC. ll. TRAVEL TO CUBA. (A) public safety; tions as applicable to operators of civil un- (a) IN GENERAL.—Notwithstanding any (B) personal privacy; manned aircraft to enable enforcement as other provision of law, except as provided in (C) private property and land use; described in paragraph (2). subsections (b) and (c)— (D) nuisance and noise pollution; (1) the President may not prohibit or oth- (E) public buildings, such as police depart- SA 3559. Mr. WARNER submitted an erwise restrict, directly or indirectly, travel ments, courthouses, and prisons; amendment intended to be proposed to to or from Cuba by United States citizens or (F) schools, including institutions of pri- amendment SA 3464 submitted by Mr. legal residents, or any of the transactions in- mary, secondary, and higher education; THUNE (for himself and Mr. NELSON) to cident to such travel, including banking (G) stadiums, parks, amusement parks, and the bill H.R. 636, to amend the Internal beaches; transactions; and Revenue Code of 1986 to permanently (2) any regulation in effect on such date of (H) power plants, electrical infrastructure, enactment that prohibits or otherwise re- highways, bridges, roads, and other infra- extend increased expensing limita- stricts travel to or from Cuba by United structure; and tions, and for other purposes; which States citizens or legal residents, or any of (I) special events, including sporting was ordered to lie on the table; as fol- the transactions incident to such travel, in- events, parades, and festivals. lows: cluding banking transactions, shall cease to (c) ADDITIONAL LIMITS ON PREEMPTION.— Beginning on page 23, strike line 17 and all have any force or effect. Nothing in this title, any amendment made that follows through page 24, line 6, and in- (b) SAVINGS PROVISION.—Nothing in this by this title, or any standard, rule, regula- sert the following: tion, requirement, standard of performance, section may be construed to limit the au- (A) in consultation with airport operators, safety determination, or certification imple- thority of the President to restrict travel de- general aviation users, and the exclusive rep- mented pursuant to this title or any amend- scribed in subsection (a), or any transaction resentative certified to represent air traffic ment made by this title, shall be construed incident to such travel, on a case-by-case controllers under section 7111 of title 5, basis, if such restriction— to limit, preempt, preclude, displace, or sup- plant any of the following, whether created United States Code, a pilot program at pub- (1) is important to the national security of lic-use airports to construct and operate re- the United States; or before, on, or after the date of the enactment of this Act: mote towers; and (2) is designed to protect the health or (B) a selection process for participation in safety of United States citizens or legal resi- (1) Any cause of action for personal injury, wrongful death, property damage, or other the pilot program. dents resulting from traveling to or from (2) SAFETY CONSIDERATIONS.—In estab- Cuba. injury based on negligence, strict liability, products liability, failure to warn, or any lishing the pilot program, the Administrator (c) APPLICABILITY.—This section shall other legal theory of liability under any shall consult with operators of remote tow- apply to actions taken by the President— ers in foreign countries to design the pilot (1) before the date of the enactment of this State law, maritime law, or State or Federal common law or statutory theory. program in a manner that leverages as many Act, which are in effect on such date of en- safety and airspace efficiency benefits as actment; or (2) Any State, local, or Federal statute, policy, or rule creating a remedy for civil re- possible. (2) on or after such date of enactment. lief (including those for civil damage), a pen- (3) REQUIREMENTS.—In selecting the air- ports for participation in the pilot program, SA 3558. Mrs. FEINSTEIN (for her- alty for criminal conduct, or another other lawfully imposed penalty, including laws the Administrator shall— self, Mr. TILLIS, and Mr. BLUMENTHAL) (and the enforcement thereof) relating to (A) complete a Safety Risk Management submitted an amendment intended to trespass, nuisance, voyeurism, privacy, data Panel (SRM–P) for the pilot program at the be proposed to amendment SA 3464 sub- security, harassment, reckless current pilot program location; mitted by Mr. THUNE (for himself and endangerment, wrongful death, personal in- Mr. NELSON) to the bill H.R. 636, to jury, property damage, speed limits, land use SA 3560. Mr. WARNER (for himself amend the Internal Revenue Code of or other illegal acts arising from the use of and Mr. HOEVEN) submitted an amend- 1986 to permanently extend increased unmanned aircraft systems. ment intended to be proposed to expensing limitations, and for other (3) Any right to the exclusive control of amendment SA 3464 submitted by Mr. purposes; which was ordered to lie on the immediate reaches of the airspace above THUNE (for himself and Mr. NELSON) to property, as described by the Supreme Court the table; as follows: the bill H.R. 636, to amend the Internal of the United States in United States v. Revenue Code of 1986 to permanently Strike section 2152 and insert the fol- Causby, 328 U.S. 256 (1946). extend increased expensing limita- lowing: (d) CONCURRENT ENFORCEMENT.— SEC. 2152. EFFECT ON OTHER LAWS. (1) STATE AND LOCAL ENFORCEMENT AUTHOR- tions, and for other purposes; which (a) FEDERAL PREEMPTION RELATING TO IZED.—In any case in which the attorney gen- was ordered to lie on the table; as fol- MANUFACTURE AND DESIGN OF CIVIL UN- eral of a State, or an official or agency of a lows: MANNED AIRCRAFT SYSTEMS.—Subject to the State or political subdivision of a State, has Beginning on page 73, strike line 24 and all limitations in subsection (c), no State or po- reason to believe that an interest of the resi- that follows through page 74, line 12, and in- litical subdivision of a State may enact or dents of that State or political subdivision sert the following: enforce any law, regulation, or other provi- has been or is threatened or adversely af- (a) RESEARCH PLAN.— sion having the force and effect of law relat- fected by any operator of a civil unmanned (1) IN GENERAL.—Not later than 180 days ing to the design, manufacture, testing, cer- aircraft who violates any rule, regulation, or after the date of the enactment of this Act, tification, or maintenance of a civil un- standard promulgated under this Act or the Secretary of Transportation and the manned aircraft system, including equip- other provision of Federal law related to the United States Unmanned Aircraft System ment or technology requirements. operation of civil unmanned aircraft, the at- Executive Committee shall, in coordination (b) LIMITED PREEMPTION RELATING TO OP- torney general of the State or official or with industry, users, the Center of Excel- ERATIONS OF CIVIL UNMANNED AIRCRAFT SYS- agency of the State or political subdivision, lence for Unmanned Aircraft Systems, and TEMS.— is authorized to take enforcement action test site operators, jointly develop a re- (1) LIMITATIONS.—Nothing in this title, any under this subsection. search plan to identify ongoing research into amendment made by this title, or any stand- (2) AUTHORIZED ACTIONS.—Enforcement ac- the broad range of technical, procedural, and ard, rule, requirement, standard of perform- tions authorized under this subsection in- policy concerns arising from the integration ance, safety determination, or certification clude— of unmanned aircraft systems into the na- implemented pursuant to this title or any (A) a civil action on behalf of the residents tional airspace system, and research needs amendment made by this title, shall be con- of a State or political subdivision of a State regarding those concerns. strued to preempt any State or local law, in State court or in a district court of the (2) MILESTONES AND GOALS.— regulation, or other provision having the United States of appropriate jurisdiction to (A) IN GENERAL.—The plan required by force and effect of law relating to the oper- enjoin further violation of Federal law; paragraph (1) shall include— ation of a civil unmanned aircraft system in (B) appropriate monetary penalties as may (i) milestones with specific dates; and the national airspace system, unless the Sec- be authorized under the laws and procedures (ii) near-term goals and specific goals after retary of Transportation has issued a regula- of the State or political subdivision; and 5 years, after 10 years, and for the period be- tion governing such operation, and only to (C) an order to produce the proof of passage yond 10 years. the extent that the State or local law, regu- of the aeronautical knowledge and safety (B) INTEGRATION OF LARGER UNMANNED AIR- lation, or other provision presents an obsta- test described in section 44808(a)(7) of title CRAFT SYSTEMS.—Goals required by subpara- cle to that regulation. 49, United States Code. graph (A)(ii) shall include goals relating to (2) PROTECTION OF STATE AND LOCAL INTER- (3) GUIDANCE.—The Administrator of the integration into the national airspace sys- ESTS.—Any Federal regulation relating to Federal Aviation Administration shall issue tem of unmanned aircraft systems that are the operation of civil unmanned aircraft sys- guidance to State and local governments heavier than 55 pounds and fly higher than tems shall preserve, to the greatest extent with respect to enforcement under this sub- 500 feet above ground level. practicable, legitimate State and local inter- section that clearly and concisely describes (3) INTEGRATION WITH NEXT GENERATION AIR ests in protecting— the requirements of Federal law and regula- TRANSPORTATION SYSTEM.—The plan required

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.045 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1833 by paragraph (1) shall specify where and how Sec. 302. Self-sufficiency of IFA. (vii) Transmission or distribution pipe- integration of unmanned aircraft systems Sec. 303. Funding. lines. into the national airspace system fits within Sec. 304. Contract authority. (viii) Inland waterways. ongoing programs and research relating to Sec. 305. Limitation on authority. (ix) Intermodal facilities or equipment re- the Next Generation Air Transportation Sys- TITLE IV—TAX EXEMPTION REQUIRE- lated to 2 or more of the sectors described in tem MENTS FOR STATE AND LOCAL BONDS clauses (i) through (viii). (x) Water treatment and solid waste dis- (4) SPECIFICATION OF FUNDS REQUIRED.—The Sec. 401. National limitation on amount of posal facilities. plan required by paragraph (1) shall specify tax-exempt financing for facili- (xi) Storm water management systems. the amount of funds necessary to achieve the ties. integration of unmanned aircraft systems, of (xii) Dams and levees. all sizes and at all altitudes, into the na- TITLE V—BUDGETARY EFFECTS (xiii) Facilities or equipment for energy tional airspace system. Sec. 501. Budgetary effects. transmission, distribution or storage. (5) ENGAGEMENT WITH APPROPRIATE ENTI- SEC. 2. PURPOSE. (B) AUTHORITY OF THE BOARD OF DIRECTORS TIES.—In developing the plan, the Adminis- The purpose of this division is to facilitate TO MODIFY SECTORS.—The Board of Directors trator shall determine and engage the appro- investment in, and the long-term financing may make modifications, at the discretion of priate entities to meet the research needs of, economically viable eligible infrastruc- the Board, to any of the sectors described in identified in the plan. ture projects of regional or national signifi- subparagraph (A) by a vote of not fewer than cance that are in the public interest in a 5 of the voting members of the Board of Di- SA 3561. Mr. WARNER submitted an manner that complements existing Federal, rectors. amendment intended to be proposed to State, local, and private funding sources for (9) IFA.—The term ‘‘IFA’’ means the Infra- amendment SA 3464 submitted by Mr. these projects and introduces a merit-based structure Financing Authority established under section 101. HUNE ELSON system for financing those projects, in order T (for himself and Mr. N ) to (10) INVESTMENT-GRADE RATING.—The term the bill H.R. 636, to amend the Internal to mobilize significant private sector invest- ment, create long-term jobs, and ensure ‘‘investment-grade rating’’ means a rating of Revenue Code of 1986 to permanently United States competitiveness through a BBB minus, Baa3, or higher assigned to an extend increased expensing limita- self-sustaining institution that limits the eligible infrastructure project by a ratings tions, and for other purposes; which need for ongoing Federal funding. agency. (11) LOAN GUARANTEE.—The term ‘‘loan was ordered to lie on the table; as fol- SEC. 3. DEFINITIONS. lows: guarantee’’ has the meaning given the term In this division: in section 502 of the Federal Credit Reform On page 119, line 18, insert ‘‘, or certified (1) BLIND TRUST.—The term ‘‘blind trust’’ Act of 1990 (2 U.S.C. 661a). commercial operators operating under con- means a trust in which the beneficiary has (12) OTRA.—The term ‘‘OTRA’’ means the tract with a public entity,’’ after ‘‘opera- no knowledge of the specific holdings and no Office of Technical and Rural Assistance cre- tors’’. rights over how those holdings are managed ated pursuant to section 106. by the fiduciary of the trust prior to the dis- (13) PUBLIC-PRIVATE PARTNERSHIP.—The SA 3562. Mr. WARNER (for himself solution of the trust. term ‘‘public-private partnership’’ means and Mr. BLUNT) submitted an amend- (2) BOARD OF DIRECTORS.—The term ‘‘Board any eligible entity— ment intended to be proposed by him of Directors’’ means the Board of Directors (A)(i) that is undertaking the development to the bill H.R. 636, to amend the Inter- of IFA. of all or part of an eligible infrastructure (3) CHAIRPERSON.—The term ‘‘Chairperson’’ project that will have a measurable public nal Revenue Code of 1986 to perma- means the Chairperson of the Board of Direc- nently extend increased expensing lim- benefit, pursuant to requirements estab- tors of IFA. lished in 1 or more contracts between the en- itations, and for other purposes; which (4) CHIEF EXECUTIVE OFFICER.—The term tity and a State or an instrumentality of a was ordered to lie on the table; as fol- ‘‘Chief Executive Officer’’ means the chief State; or lows: executive officer of IFA, appointed under (ii) the activities of which, with respect to At the end, add the following: section 103. such an eligible infrastructure project, are (5) COST.—The term ‘‘cost’’ has the mean- DIVISION B—BRIDGE ACT subject to regulation by a State or any in- ing given the term in section 502 of the Fed- strumentality of a State; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. eral Credit Reform Act of 1990 (2 U.S.C. 661a). (B) that owns, leases, or operates or will (a) SHORT TITLE.—This division may be (6) DIRECT LOAN.—The term ‘‘direct loan’’ own, lease, or operate, the project in whole cited as the ‘‘Building and Renewing Infra- has the meaning given the term in section or in part; and structure for Development and Growth in 502 of the Federal Credit Reform Act of 1990 (C) the participants in which include not Employment Act’’ or the ‘‘BRIDGE Act’’. (2 U.S.C. 661a). fewer than 1 nongovernmental entity with (b) TABLE OF CONTENTS.—The table of con- (7) ELIGIBLE ENTITY.—The term ‘‘eligible significant investment and some control tents for this division is as follows: entity’’ means— over the project or entity sponsoring the Sec. 1. Short title; table of contents. (A) an individual; project vehicle. Sec. 2. Purpose. (B) a corporation; (14) RATING AGENCY.—The term ‘‘rating Sec. 3. Definitions. (C) a partnership, including a public-pri- agency’’ means a credit rating agency reg- TITLE I—INFRASTRUCTURE FINANCING vate partnership; istered with the Securities and Exchange AUTHORITY (D) a joint venture; Commission as a nationally recognized sta- Sec. 101. Establishment and general author- (E) a trust; tistical rating organization (as defined in ity of IFA. (F) a State or any other governmental en- section 3(a) of the Securities Exchange Act Sec. 102. Voting members of the Board of Di- tity, including a political subdivision or any of 1934 (15 U.S.C. 78c(a))). rectors. other instrumentality of a State; or (15) REGIONAL INFRASTRUCTURE ACCEL- Sec. 103. Chief executive officer of IFA. (G) a revolving fund. ERATOR.—The term ‘‘regional infrastructure Sec. 104. Powers and duties of the Board of (8) ELIGIBLE INFRASTRUCTURE PROJECT.— accelerator’’ means an organization created Directors. (A) IN GENERAL.—The term ‘‘eligible infra- by public sector agencies through a multi-ju- Sec. 105. Senior management. structure project’’ means the construction, risdictional or multi-state agreement to pro- Sec. 106. Office of Technical and Rural As- consolidation, alteration, or repair of the vide technical assistance to local jurisdic- sistance. following sectors: tions that will facilitate the implementation Sec. 107. Special Inspector General for IFA. (i) Intercity passenger or freight rail lines, of innovative financing and procurement Sec. 108. Other personnel. intercity passenger rail facilities or equip- models to public infrastructure projects. Sec. 109. Compliance. ment, and intercity freight rail facilities or (16) RURAL INFRASTRUCTURE PROJECT.—The equipment. term ‘‘rural infrastructure project’’— TITLE II—TERMS AND LIMITATIONS ON (ii) Intercity passenger bus facilities or (A) has the same meaning given the term DIRECT LOANS AND LOAN GUARANTEES equipment. in section 601(15) of title 23, United States Sec. 201. Eligibility criteria for assistance (iii) Public transportation facilities or Code; and from IFA and terms and limita- equipment. (B) includes any eligible infrastructure tions of loans. (iv) Highway facilities, including bridges project sector described in clauses (i) Sec. 202. Loan terms and repayment. and tunnels. through (xvii) of paragraph (8)(A) located in Sec. 203. Environmental permitting process (v) Airports and air traffic control sys- any area other than a city with a population improvements. tems. of more than 250,000 inhabitants within the Sec. 204. Compliance and enforcement. (vi) Port or marine terminal facilities, in- city limits. Sec. 205. Audits; reports to the President cluding approaches to marine terminal fa- (17) SECRETARY.—The term ‘‘Secretary’’ and Congress. cilities or inland port facilities, and port or means the Secretary of the Treasury or the Sec. 206. Effect on other laws. marine equipment, including fixed equip- designee of the Secretary of the Treasury. TITLE III—FUNDING OF IFA ment to serve approaches to marine termi- (18) SENIOR MANAGEMENT.—The term ‘‘sen- Sec. 301. Fees. nals or inland ports. ior management’’ means the chief financial

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officer, chief risk officer, chief compliance (c) QUALIFICATIONS OF VOTING MEMBERS.— (f) COMPENSATION OF MEMBERS.—Each vot- officer, general counsel, chief lending officer, Each voting member of the Board of Direc- ing member of the Board of Directors shall and chief operations officer of IFA, and such tors shall— be compensated at a rate equal to the daily other officers as the Board of Directors may, (1) be a citizen of the United States; and equivalent of the annual rate of basic pay by majority vote, add to senior management. (2) have significant demonstrated expertise prescribed for level III of the Executive (19) STATE.—The term ‘‘State’’ means— in— Schedule under section 5314 of title 5, United (A) each of the several States of the United (A) the management and administration of States Code, for each day (including travel States; and a financial institution relevant to the oper- time) during which the member is engaged in (B) the District of Columbia. ation of IFA; or the performance of the duties of the Board of TITLE I—INFRASTRUCTURE FINANCING (B) the financing, development, or oper- Directors. AUTHORITY ation of infrastructure projects, including in (g) CONFLICTS OF INTEREST.—A voting the evaluation and selection of eligible infra- member of the Board of Directors may not SEC. 101. ESTABLISHMENT AND GENERAL AU- THORITY OF IFA. structure projects based on the purposes, participate in any review or decision affect- goals, and objectives of this division. ing an eligible infrastructure project under (a) ESTABLISHMENT OF IFA.—The Infra- structure Financing Authority is established (d) TERMS.— consideration for assistance under this divi- as a wholly owned Government corporation. (1) IN GENERAL.—Except as otherwise pro- sion, if the member has or is affiliated with (b) GENERAL AUTHORITY OF IFA.—IFA vided in this division, each voting member of an entity who has a financial interest in that shall— the Board of Directors shall be appointed for project. (1) provide direct loans and loan guaran- a term of 5 years. SEC. 103. CHIEF EXECUTIVE OFFICER. tees to facilitate eligible infrastructure (2) INITIAL STAGGERED TERMS.—Of the vot- (a) IN GENERAL.—The Chief Executive Offi- projects that are economically viable, in the ing members first appointed to the Board of cer shall— public interest, and of regional or national Directors— (1) be a nonvoting member of the Board of significance; and (A) the initial Chairperson and 3 of the Directors; (2) carry out any other activities and du- other voting members shall each be ap- (2) be responsible for all activities of IFA; ties authorized under this division. pointed for a term of 5 years; and and (c) INCORPORATION.— (B) the remaining 3 voting members shall (3) support the Board of Directors in ac- (1) IN GENERAL.—The Board of Directors each be appointed for a term of 2 years. cordance with this division and as the Board first appointed shall be deemed the incorpo- (3) DATE OF INITIAL NOMINATIONS.—The ini- of Directors determines to be necessary. rator of IFA, and the incorporation shall be tial nominations for the appointment of all (b) APPOINTMENT AND TENURE OF THE CHIEF held to have been effected from the date of voting members of the Board of Directors EXECUTIVE OFFICER.— the first meeting of the Board of Directors. shall be made not later than 60 days after the (1) IN GENERAL.—The President shall ap- (2) CORPORATE OFFICE.—IFA shall— date of enactment of this division. point the Chief Executive Officer, by and (A) maintain an office in Washington, DC; (4) BEGINNING OF TERM.—The term of each with the advice and consent of the Senate. and of the initial voting members appointed (2) TERM.—The Chief Executive Officer (B) for purposes of venue in civil actions, under this section shall commence imme- shall be appointed for a term of 6 years. be considered to be a resident of Washington, diately upon the date of appointment, except (3) VACANCIES.— DC. that, for purposes of calculating the term (A) IN GENERAL.—Any vacancy in the office (d) RESPONSIBILITY OF THE SECRETARY.— limits specified in this subsection, the initial of the Chief Executive Officer shall be filled The Secretary shall take such action as may terms shall each be construed as beginning by the President, by and with the advice and be necessary to assist in implementing IFA on January 22 of the year following the date consent of the Senate. and in carrying out the purpose of this divi- of the initial appointment. (B) TERM.—The person appointed to fill a sion. (5) VACANCIES.— vacancy in the Chief Executive Officer posi- (e) RULE OF CONSTRUCTION.—Chapter 91 of (A) IN GENERAL.—A vacancy in the position tion that occurs before the expiration of the title 31, United States Code, does not apply of a voting member of the Board of Directors term for which the predecessor was ap- to IFA, unless otherwise specifically pro- shall be filled by the President, by and with pointed shall be appointed only for the re- vided in this division. the advice and consent of the Senate. mainder of that term. SEC. 102. VOTING MEMBERS OF THE BOARD OF (B) TERM.—A member appointed to fill a (c) QUALIFICATIONS.—The Chief Executive DIRECTORS. vacancy on the Board of Directors occurring Officer— (a) VOTING MEMBERSHIP OF THE BOARD OF before the expiration of the term for which (1) shall have significant expertise in man- DIRECTORS.— the predecessor was appointed shall be ap- agement and administration of a financial (1) IN GENERAL.—IFA shall have a Board of pointed only for the remainder of that term. institution, or significant expertise in the fi- Directors consisting of 7 voting members ap- (e) MEETINGS.— nancing and development of infrastructure pointed by the President, by and with the ad- (1) OPEN TO THE PUBLIC; NOTICE.—Except as projects; and vice and consent of the Senate, not more provided in paragraph (3), all meetings of the (2) may not— than 4 of whom shall be from the same polit- Board of Directors shall be— (A) hold any other public office; ical party. (A) open to the public; and (B) have any financial interest in an eligi- (2) CHAIRPERSON.—One of the voting mem- (B) preceded by reasonable public notice. ble infrastructure project then being consid- bers of the Board of Directors shall be des- (2) FREQUENCY.—The Board of Directors ered by the Board of Directors, unless that ignated by the President, by and with the ad- shall meet— interest is placed in a blind trust; or vice and consent of the Senate, to serve as (A) not later than 60 days after the date on (C) have any financial interest in an in- Chairperson of the Board of Directors. which all members of the Board of Directors vestment institution or its affiliates or any (3) CONGRESSIONAL RECOMMENDATIONS.—Not are first appointed; other entity seeking or likely to seek finan- later than 30 days after the date of enact- (B) at least quarterly after the date de- cial assistance for any eligible infrastructure ment of this division, the majority leader of scribed in subparagraph (A); and project from IFA, unless any such interest is the Senate, the minority leader of the Sen- (C) at the call of the Chairperson or 3 vot- placed in a blind trust for the tenure of the ate, the Speaker of the House of Representa- ing members of the Board of Directors. service of the Chief Executive Officer plus 2 tives, and the minority leader of the House (3) EXCEPTION FOR CLOSED MEETINGS.— additional years. of Representatives shall each submit a rec- (A) IN GENERAL.—The voting members of (d) RESPONSIBILITIES.—The Chief Executive ommendation to the President for appoint- the Board of Directors may, by majority Officer shall have such executive functions, ment of a member of the Board of Directors, vote, close a meeting to the public if, during powers, and duties as may be prescribed by after consultation with the appropriate com- the meeting to be closed, there is likely to be this division, the bylaws of IFA, or the Board mittees of Congress. disclosed proprietary or sensitive informa- of Directors, including— (4) SPECIAL CONSIDERATION OF RURAL INTER- tion regarding an eligible infrastructure (1) responsibility for the development and ESTS AND GEOGRAPHIC DIVERSITY.—In making project under consideration for assistance implementation of the strategy of IFA, in- an appointment under this subsection, the under this division. cluding— President shall give consideration to the ge- (B) AVAILABILITY OF MINUTES.—The Board (A) the development and submission to the ographic areas of the United States in which of Directors shall prepare minutes of any Board of Directors of the annual business the members of the Board of Directors live meeting that is closed to the public, which plans and budget; and work, particularly to ensure that the in- minutes shall be made available as soon as (B) the development and submission to the frastructure priorities and concerns of each practicable, but not later than 1 year after Board of Directors of a long-term strategic region of the country, including rural areas the date of the closed meeting, with any nec- plan; and and small communities, are represented on essary redactions to protect any proprietary (C) the development, revision, and submis- the Board of Directors. or sensitive information. sion to the Board of Directors of internal (b) VOTING RIGHTS.—Each voting member (4) QUORUM.—For purposes of meetings of policies; and of the Board of Directors shall have an equal the Board of Directors, 5 voting members of (2) responsibility for the management and vote in all decisions of the Board of Direc- the Board of Directors shall constitute a oversight of the daily activities, decisions, tors. quorum. operations, and personnel of IFA.

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(e) COMPENSATION.— officials, and State and local governments, discharge of the responsibilities of the Chief (1) IN GENERAL.—Any compensation assess- and to represent the interests of IFA in those Executive Officer. ment or recommendation by the Chief Exec- interactions and others; (b) APPOINTMENT OF SENIOR MANAGE- utive Officer under this section shall be (6) approve by a vote of not less than 5 of MENT.—The Chief Executive Officer shall ap- without regard to the provisions of chapter the 7 voting members of the Board of Direc- point such senior managers as are necessary 51 or subchapter III of chapter 53 of title 5, tors any changes to the bylaws or internal to carry out the purposes of IFA, as approved United States Code. policies of IFA; by a majority vote of the voting members of (2) CONSIDERATIONS.—The compensation as- (7) have the authority and responsibility— the Board of Directors, including a chief sessment or recommendation required under (A) to oversee entering into and carrying compliance officer, general counsel, chief op- this subsection shall take into account merit out such contracts, leases, cooperative erating officer, chief lending officer, and principles, where applicable, as well as the agreements, or other transactions as are nec- other positions as determined to be appro- education, experience, level of responsibility, essary to carry out this division; priate by the Chief Executive Officer and the geographic differences, and retention and re- (B) to approve of the acquisition, lease, Board of Directors. cruitment needs in determining compensa- pledge, exchange, and disposal of real and (c) TERM.—Each member of senior manage- tion of personnel. personal property by IFA and otherwise ap- ment shall serve at the pleasure of the Chief SEC. 104. POWERS AND DUTIES OF THE BOARD prove the exercise by IFA of all of the usual Executive Officer and the Board of Directors. OF DIRECTORS. incidents of ownership of property, to the ex- (d) REMOVAL OF SENIOR MANAGEMENT.— The Board of Directors shall— tent that the exercise of those powers is ap- Any member of senior management may be (1) as soon as practicable after the date on propriate to and consistent with the pur- removed— which all members are appointed, approve or poses of IFA; (1) by a majority of the voting members of disapprove senior management appointed by (C) to determine the character of, and the the Board of Directors at the request of the the Chief Executive Officer; necessity for, the obligations and expendi- Chief Executive Officer; or (2) not later than 180 days after the date on tures of IFA, and the manner in which the (2) by a vote of not fewer than 5 voting which all members are appointed— obligations and expenditures will be in- members of the Board of Directors. (e) SENIOR MANAGEMENT.— (A) develop and approve the bylaws of IFA, curred, allowed, and paid, subject to this di- (1) IN GENERAL.—Each member of senior including bylaws for the regulation of the af- vision and other Federal law specifically ap- management shall report directly to the fairs and conduct of the business of IFA, con- plicable to wholly owned Federal corpora- Chief Executive Officer, other than the chief sistent with the purpose, goals, objectives, tions; risk officer, who shall report directly to the and policies set forth in this division; (D) to execute, in accordance with applica- Board of Directors. (B) establish subcommittees, including an ble bylaws and regulations, appropriate in- (2) CHIEF RISK OFFICER.—The chief risk offi- audit committee that is composed solely of struments; members of the Board of Directors, other cer shall be responsible for all functions of (E) to approve other forms of credit en- than the Chief Executive Officer; IFA relating to— hancement that IFA may provide to eligible (C) develop and approve, in consultation (A) the creation of financial, credit, and projects, as long as the forms of credit en- with senior management, a conflict-of-inter- operational risk management guidelines and hancements are consistent with the purposes est policy for the Board of Directors and for policies; of this division and terms set forth in title senior management; (B) the establishment of guidelines to en- II; (D) approve or disapprove internal policies sure diversification of lending activities by (F) to exercise all other lawful powers that the Chief Executive Officer shall submit region, infrastructure project type, and which are necessary or appropriate to carry to the Board of Directors, including— project size; out, and are consistent with, the purposes of (i) policies regarding the loan application (C) the creation of conforming standards IFA; and approval process, including application for infrastructure finance agreements; (G) to sue or be sued in the corporate ca- procedures and project approval processes; (D) the monitoring of the financial, credit, pacity of IFA in any court of competent ju- and and operational exposure of IFA; and risdiction; (ii) operational guidelines; and (E) risk management and mitigation ac- (H) to indemnify the members of the Board (E) approve or disapprove a 1-year business tions, including by reporting those actions, of Directors and officers of IFA for any li- plan and budget for IFA; or recommendations of actions to be taken, abilities arising out of the actions of the (3) ensure that IFA is at all times operated directly to the Board of Directors. members and officers in that capacity, in ac- in a manner that is consistent with this divi- (f) CONFLICTS OF INTEREST.—No individual sion, by— cordance with, and subject to the limitations appointed to senior management may— (A) monitoring and assessing the effective- contained in this division; (1) hold any other public office; ness of IFA in achieving its strategic goals; (I) to review all financial assistance pack- (2) have any financial interest in an eligi- (B) reviewing and approving internal poli- ages to all eligible infrastructure projects, as ble infrastructure project then being consid- cies, annual business plans, annual budgets, submitted by the Chief Executive Officer and ered by the Board of Directors, unless that and long-term strategies submitted by the to approve, postpone, or deny the same by interest is placed in a blind trust; or Chief Executive Officer; majority vote; (3) have any financial interest in an invest- (C) reviewing and approving annual reports (J) to review all restructuring proposals ment institution or its affiliates, IFA or its submitted by the Chief Executive Officer; submitted by the Chief Executive Officer, in- affiliates, or other entity then seeking or (D) engaging 1 or more external auditors, cluding assignation, pledging, or disposal of likely to seek financial assistance for any el- as set forth in this division; and the interest of IFA in a project, including igible infrastructure project from IFA, un- (E) reviewing and approving all changes to payment or income from any interest owned less any such interest is placed in a blind the organization of senior management; or held by IFA, and to approve, postpone, or trust during the term of service of that indi- (4) appoint and fix, by a vote of not less deny the same by majority vote; vidual in a senior management position, and than 5 of the 7 voting members of the Board (K) to enter into binding commitments, as for a period of 2 years thereafter. specified in approved financial assistance of Directors, and without regard to the pro- SEC. 106. OFFICE OF TECHNICAL AND RURAL AS- visions of chapter 51 or subchapter III of packages; SISTANCE. chapter 53 of title 5, United States Code, the (L) to determine whether— (a) IN GENERAL.—The Chief Executive Offi- compensation and adjustments to compensa- (i) to obtain a lien on the assets of an eligi- cer shall create and manage, within IFA, the tion of all IFA personnel, provided that in ble entity that receives assistance under this ‘‘Office of Technical and Rural Assistance’’. appointing and fixing any compensation or division; and (b) DUTIES.—The OTRA shall— adjustments to compensation under this (ii) to subordinate a lien under clause (i) to (1) in consultation with the Secretary of paragraph, the Board shall— any other lien securing project obligations; Transportation and the heads of other rel- (A) consult with, and seek to maintain and evant Federal agencies, as determined by the comparability with, other comparable Fed- (M) to ensure a measurable public benefit Chief Executive Officer, provide technical as- eral personnel, as the Board of Directors in the selection of eligible infrastructure sistance to State and local governments and may determine to be appropriate; projects and to provide for reasonable public parties in public-private partnerships in the (B) consult with the Office of Personnel input in the selection of such projects; development and financing of eligible infra- Management; and (8) delegate to the Chief Executive Officer structure projects, including rural infra- (C) carry out those duties consistent with those duties that the Board of Directors de- structure projects; merit principles, where applicable, as well as termines to be appropriate, to better carry (2) assist the entities described in para- the education, experience, level of responsi- out the powers and purposes of the Board of graph (1) with coordinating loan and loan bility, geographic differences, comparability Directors under this section; and guarantee programs available through Fed- to private sector positions, and retention (9) to approve a maximum aggregate eral agencies, including the Department of and recruitment needs in determining com- amount of principal exposure of IFA at any Transportation and other Federal agencies, pensation of personnel; given time. as appropriate; (5) serve as the primary liaison for IFA in SEC. 105. SENIOR MANAGEMENT. (3) work with the entities described in interactions with Congress, the Secretary of (a) IN GENERAL.—Senior management shall paragraph (1) to identify and develop a pipe- Transportation and other executive branch support the Chief Executive Officer in the line of projects suitable for financing

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(B) REFUSAL TO COMPLY.—If information or and financing strategies, for the accelerated (4) REMOVAL.—The Special Inspector Gen- assistance requested by the Special Inspector development of covered infrastructure eral shall be removable from office in accord- General is, in the judgment of the Special In- projects, including those projects with the ance with the provisions of section 3(b) of spector General, unreasonably refused or not potential for financing through IFA. the Inspector General Act of 1978 (5 U.S.C. provided, the Special Inspector General shall (c) DESIGNATION OF REGIONAL INFRASTRUC- App.). report the circumstances to the Secretary, TURE ACCELERATORS.—In carrying out the (5) RULE OF CONSTRUCTION.—For purposes without delay. program established pursuant to subsection of section 7324 of title 5, United States Code, (f) REPORTS.— (b)(3), the OTRA is authorized to designate the Special Inspector General shall not be (1) ANNUAL REPORT.—Not later than 1 year regional infrastructure accelerators that considered an employee who determines poli- after the date on which the Special Inspector will— cies to be pursued by the United States in General is confirmed, and every calendar (1) serve a defined geographic area; and the nationwide administration of Federal year thereafter, the Special Inspector Gen- (2) act as a resource in such area to enti- law. eral shall submit to the President and appro- ties described in subsection (b)(1), in accord- (6) RATE OF PAY.—The annual rate of basic priate committees of Congress a report sum- ance with this subsection. pay of the Special Inspector General shall be marizing the activities of the Special Inspec- (d) APPLICATION PROCESS.—To be eligible the annual rate of basic pay for an Inspector tor General during the previous 1-year period for a designation under subsection (c), re- General under section 3(e) of the Inspector ending on the date of that report. gional infrastructure accelerators shall sub- General Act of 1978 (5 U.S.C. App.). (2) PUBLIC DISCLOSURES.—Nothing in this mit a proposal to the OTRA at such time, in (c) DUTIES.—The Special Inspector General subsection authorizes the public disclosure such form, and containing such information shall— as the OTRA determines is appropriate. of information that is— (1) conduct, supervise, and coordinate au- (A) specifically prohibited from disclosure (e) CONSIDERATIONS.—In evaluating pro- dits and investigations of the business ac- posals submitted pursuant to subsection (d), by any other provision of law; tivities of IFA; (B) specifically required by Executive the OTRA shall consider— (2) establish, maintain, and oversee such (1) the need for geographic diversity among order to be protected from disclosure in the systems, procedures, and controls as the Spe- interest of national defense or national secu- regional infrastructure accelerators; and cial Inspector General considers appropriate rity or in the conduct of foreign affairs; or (2) promoting investment in covered infra- to discharge the duty under paragraph (1); (C) a part of an ongoing criminal investiga- structure projects, which shall include a and tion. plan— (3) carry out any other duties and respon- (A) to evaluate and promote innovative fi- sibilities of inspectors general under the In- SEC. 108. OTHER PERSONNEL. nancing methods for local projects, including spector General Act of 1978 (5 U.S.C. App.). (a) APPOINTMENT, REMOVAL, AND DEFINI- the use of IFA; (d) POWERS AND AUTHORITIES.— TION OF DUTIES.—Except as otherwise pro- (B) to build capacity of governments to (1) IN GENERAL.—In carrying out the duties vided in the bylaws of IFA, the Chief Execu- evaluate and structure projects involving the specified in subsection (c), the Special In- tive Officer, in consultation with the Board investment of private capital; spector General shall have the authorities of Directors, shall appoint, remove, and de- (C) to provide technical assistance and in- provided in section 6 of the Inspector Gen- fine the duties of such qualified personnel as formation on best practices with respect to eral Act of 1978 (5 U.S.C. App.). are necessary to carry out the powers, du- financing such projects; (2) ADDITIONAL AUTHORITY.—The Special In- ties, and purpose of IFA, other than senior (D) to increase transparency with respect spector General shall carry out the duties management, who shall be appointed in ac- to infrastructure project analysis and uti- specified in subsection (c)(1) in accordance cordance with section 105. lizing innovative financing for public infra- with section 4(b)(1) of the Inspector General (b) COORDINATION IN IDENTIFYING QUALI- structure projects; Act of 1978 (5 U.S.C. App.). FICATIONS AND EXPERTISE.—In appointing (E) to deploy predevelopment capital pro- (e) PERSONNEL, FACILITIES, AND OTHER RE- qualified personnel pursuant to subsection grams designed to facilitate the creation of a SOURCES.— (a), the Chief Executive Officer shall coordi- pipeline of infrastructure projects available (1) ADDITIONAL OFFICERS.— nate with, and seek assistance from, the Sec- for investment; (A) IN GENERAL.—The Special Inspector retary of Transportation in identifying the (F) to bundle smaller-scale and rural General may select, appoint, and employ appropriate qualifications and expertise in projects into larger proposals that may be such officers and employees as may be nec- infrastructure project finance. more attractive for investment; and essary for carrying out the duties of the Spe- SEC. 109. COMPLIANCE. (G) to reduce transaction costs for public cial Inspector General, subject to the provi- The provision of assistance by IFA pursu- project sponsors. sions of title 5, United States Code, gov- ant to this division does not supersede any (f) ANNUAL REPORT.—The OTRA shall sub- erning appointments in the competitive provision of State law or regulation other- mit an annual report to Congress that de- service, and the provisions of chapter 51 and wise applicable to an eligible infrastructure scribes the findings and effectiveness of the subchapter III of chapter 53 of such title, re- project. infrastructure accelerator demonstration program. lating to classification and General Schedule TITLE II—TERMS AND LIMITATIONS ON pay rates. SEC. 107. SPECIAL INSPECTOR GENERAL FOR DIRECT LOANS AND LOAN GUARANTEES IFA. (B) EMPLOYMENT AND COMPENSATION.—The SEC. 201. ELIGIBILITY CRITERIA FOR ASSIST- (a) IN GENERAL.— Special Inspector General may exercise the ANCE FROM IFA AND TERMS AND (1) INITIAL PERIOD.—During the 5-year pe- authorities of subsections (b) through (i) of LIMITATIONS OF LOANS. riod beginning on the date of enactment of section 3161 of title 5, United States Code (a) PUBLIC BENEFIT; FINANCEABILITY.—A this division, the Inspector General of the (without regard to subsection (a) of that sec- project is not be eligible for financial assist- Department of the Treasury shall serve as tion). ance from IFA under this division if— the Special Inspector General for IFA in ad- (2) RETENTION OF SERVICES.—The Special (1) the use or purpose of such project is pri- dition to the existing duties of the Inspector Inspector General may obtain services as au- vate or such project does not create a public General of the Department of the Treasury. thorized by section 3109 of title 5, United benefit, as determined by the Board of Direc- (2) OFFICE OF THE SPECIAL INSPECTOR GEN- States Code, at daily rates not to exceed the tors; or ERAL.—Beginning on the day that is 5 years equivalent rate prescribed for grade GS–15 of (2) the applicant is unable to demonstrate, after the date of enactment of this division, the General Schedule by section 5332 of such to the satisfaction of the Board of Directors, there is established the Office of the Special title. a sufficient revenue stream to finance the Inspector General for IFA. (3) ABILITY TO CONTRACT FOR AUDITS, STUD- loan that will be used to pay for such (b) APPOINTMENT OF INSPECTOR GENERAL; IES, AND OTHER SERVICES.—The Special In- project. REMOVAL.— spector General may enter into contracts (b) FINANCIAL CRITERIA.—If the project (1) HEAD OF OFFICE.—The head of the Office and other arrangements for audits, studies, meets the requirements under subsection (a), of the Special Inspector General for IFA analyses, and other services with public an applicant for financial assistance under shall be the Special Inspector General for agencies and with private persons, and make this division shall demonstrate, to the satis- IFA (referred to in this division as the ‘‘Spe- such payments as may be necessary to carry faction of the Board of Directors, that— cial Inspector General’’), who shall be ap- out the duties of the Special Inspector Gen- (1) for public-private partnerships, the pointed by the President, by and with the ad- eral. project has received contributed capital or vice and consent of the Senate. (4) REQUEST FOR INFORMATION.— commitments for contributed capital equal (2) BASIS OF APPOINTMENT.—The appoint- (A) IN GENERAL.—Upon request of the Spe- to not less than 10 percent of the total cost ment of the Special Inspector General shall cial Inspector General for information or as- of the eligible infrastructure project for

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which assistance is being sought if such con- (1) IN GENERAL.—Any eligible entity seek- (d) RISK ASSESSMENT.—Before entering tributed capital includes— ing assistance from IFA under this division into an agreement for assistance under this (A) equity; for an eligible infrastructure project shall division, the Chief Executive Officer, in con- (B) deeply subordinate loans or other cred- submit an application to IFA at such time, sultation with the Director of the Office of it and debt instruments, which shall be jun- in such manner, and containing such infor- Management and Budget and each rating ior to any IFA assistance provided for the mation as the Board of Directors or the Chief agency providing a preliminary rating opin- project; Executive Officer may require. ion letter under this section, shall determine (C) appropriated funds or grants from gov- (2) REVIEW OF APPLICATIONS.— an appropriate Federal credit subsidy ernmental sources other than the Federal (A) IN GENERAL.—IFA shall review applica- amount for each direct loan and loan guar- Government; or tions for assistance under this division on an antee, taking into account that preliminary (D) irrevocable private contributions of ongoing basis. rating opinion letter, as well as any com- funds, grants, property (including rights-of- (B) PREPARATION.—The Chief Executive Of- parable market rates available for such a way), and other assets that directly reduce ficer, in cooperation with the senior manage- loan or loan guarantee, should any exist. or offset project costs; and ment, shall prepare eligible infrastructure (e) CREDIT FEE.— (2) the eligible infrastructure project for projects for review and approval by the (1) IN GENERAL.—With respect to each which assistance is being sought— Board of Directors. agreement for assistance under this division, (A) is not for the refinancing of an existing (3) DEDICATED REVENUE SOURCES.—The Fed- the Chief Executive Officer shall charge a infrastructure project; and eral credit instrument shall be repayable, in credit fee to the recipient of that assistance (B) meets— whole or in part, from tolls, user fees, or to pay for, over time, all or a portion of the (i) any pertinent requirements set forth in other dedicated revenue sources derived from Federal credit subsidy determined under sub- this division; users or beneficiaries that also secure the el- section (d), with the remainder paid by the (ii) any criteria established by the Board of igible infrastructure project obligations. account established for IFA. Directors under subsection (c) or by the (e) ELIGIBLE INFRASTRUCTURE PROJECT (2) DIRECT LOANS.—In the case of a direct Chief Executive Officer in accordance with COSTS.— loan, the credit fee described in paragraph (1) this division; and (1) IN GENERAL.—Except as provided in shall be in addition to the base interest rate (iii) the definition of an eligible infrastruc- paragraph (2), to be eligible for assistance established under subsection (c). ture project. under this division, an eligible infrastructure (f) MATURITY DATE.—The final maturity date of a direct loan or loan guaranteed by (c) CONSIDERATIONS.—The criteria estab- project shall have project costs that are rea- IFA under this division shall be not later lished by the Board of Directors under this sonably anticipated to equal or exceed than 35 years after the date of substantial subsection shall provide adequate consider- $50,000,000. completion of the eligible infrastructure ation of— (2) RURAL INFRASTRUCTURE PROJECTS.—To project, as determined by the Chief Execu- (1) the economic, financial, technical, envi- be eligible for assistance under this division a rural infrastructure project shall have tive Officer. ronmental, and public benefits and costs of (g) PRELIMINARY RATING OPINION LETTER.— project costs that are reasonably anticipated each eligible infrastructure project under (1) IN GENERAL.—The Chief Executive Offi- to equal or exceed $10,000,000. consideration for financial assistance under cer shall require each applicant for assist- (f) LOAN ELIGIBILITY AND MAXIMUM this division, prioritizing eligible infrastruc- ance under this division to provide a prelimi- AMOUNTS.— ture projects that— nary rating opinion letter from at least 1 (1) IN GENERAL.—The amount of a direct (A) demonstrate a clear and measurable rating agency, indicating that the senior ob- loan or loan guarantee under this division public benefit; ligations of the eligible infrastructure shall not exceed the lesser of— (B) offer value for money to taxpayers; project, which may be the Federal credit in- (A) 49 percent of the reasonably antici- (C) contribute to regional or national eco- strument, have the potential to achieve an pated eligible infrastructure project costs; nomic growth; investment-grade rating. and (D) lead to long-term job creation; and (2) RURAL INFRASTRUCTURE PROJECTS.— (B) the amount of the senior project obli- (E) mitigate environmental concerns; With respect to a rural infrastructure gations, if the direct loan or loan guarantee (2) the means by which development of the project, a rating agency opinion letter de- does not receive an investment grade rating. eligible infrastructure project under consid- scribed in paragraph (1) shall not be re- (2) MAXIMUM ANNUAL LOAN AND LOAN GUAR- eration is being financed, including— quired, except that the loan or loan guar- ANTEE VOLUME.—The aggregate amount of di- (A) the terms, conditions, and structure of antee shall receive an internal rating score, rect loans and loan guarantees made by IFA the proposed financing; using methods similar to the rating agencies shall not exceed— (B) the creditworthiness and standing of generated by IFA, measuring the proposed (A) during the first 2 fiscal years of the op- the project sponsors, providers of equity, and direct loan or loan guarantee against com- erations of IFA, $10,000,000,000 per year; cofinanciers; parable direct loans or loan guarantees of (B) during fiscal years 3 through 9 of the (C) the financial assumptions and projec- similar credit quality in a similar sector. operations of IFA, $20,000,000,000 per year; tions on which the eligible infrastructure (h) INVESTMENT-GRADE RATING REQUIRE- project is based; and and MENT.— (D) whether there is sufficient State or (C) during any fiscal year thereafter, (1) LOANS AND LOAN GUARANTEES.—The exe- municipal political support for the success- $50,000,000,000. cution of a direct loan or loan guarantee ful completion of the eligible infrastructure SEC. 202. LOAN TERMS AND REPAYMENT. under this division shall be contingent on project; (a) IN GENERAL.—A direct loan or loan the senior obligations of the eligible infra- (3) the likelihood that the provision of as- guarantee under this division with respect to structure project receiving an investment- sistance by IFA will cause the development an eligible infrastructure project shall be on grade rating. to proceed more promptly and with lower such terms, subject to such conditions, and (2) RATING OF IFA OVERALL PORTFOLIO.—The costs for financing than would be the case contain such covenants, representations, average rating of the overall portfolio of IFA without IFA assistance; warranties, and requirements (including re- shall be not less than investment grade after (4) the extent to which the provision of as- quirements for audits) as the Chief Execu- 5 years of operation. sistance by IFA maximizes the level of pri- tive Officer determines appropriate. (i) TERMS AND REPAYMENT OF DIRECT vate investment in the eligible infrastruc- (b) TERMS.—A direct loan or loan guar- LOANS.— ture project or supports a public-private antee under this division— (1) SCHEDULE.—The Chief Executive Officer partnership, while providing a significant (1) shall— shall establish a repayment schedule for public benefit; (A) be payable, in whole or in part, from each direct loan under this division, based on (5) the extent to which the provision of as- tolls, user fees, or other dedicated revenue the projected cash flow from eligible infra- sistance by IFA can mobilize the participa- sources derived from users or beneficiaries; structure project revenues and other repay- tion of other financing partners in the eligi- and ment sources. ble infrastructure project; (B) include a rate covenant, coverage re- (2) COMMENCEMENT.—Scheduled loan repay- (6) the technical and operational viability quirement, or similar security feature sup- ments of principal or interest on a direct of the eligible infrastructure project; porting the project obligations; and loan under this division shall commence not (7) the proportion of financial assistance (2) may be secured by a lien— later than 5 years after the date of substan- from IFA; (A) on the assets of the obligor, including tial completion of the eligible infrastructure (8) the geographical location of the project, revenues described in paragraph (1); and project, as determined by the Chief Execu- prioritizing geographical diversity of (B) which may be subordinated to any tive Officer of IFA. projects funded by IFA; other lien securing project obligations. (3) DEFERRED PAYMENTS OF DIRECT LOANS.— (9) the size of the project and the impact of (c) BASE INTEREST RATE.—The base inter- (A) AUTHORIZATION.—If, at any time after the project on the resources of IFA; and est rate on a direct loan under this division the date of substantial completion of an eli- (10) the infrastructure sector of the shall be not less than the yield on Treasury gible infrastructure project assisted under project, prioritizing projects from more than obligations of a similar maturity to the ma- this division, the eligible infrastructure 1 sector funded by IFA. turity of the direct loan on the date of exe- project is unable to generate sufficient reve- (d) APPLICATION.— cution of the loan agreement. nues to pay the scheduled loan repayments

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.042 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1838 CONGRESSIONAL RECORD — SENATE April 7, 2016 of principal and interest on the direct loan vironmental review process is completed as ance pursuant to this division during that under this division, the Chief Executive Offi- soon as practicable. fiscal year, including— cer may allow the obligor to add unpaid prin- (c) EARLIER.—The President may carry out (i) all nonperforming loans; and cipal and interest to the outstanding balance the functions set forth in subsection (a) with (ii) disclosure of all entities with a devel- of the direct loan, if the result would benefit respect to a proposed project before the IFA opment, ownership, or operational interest the taxpayer. has approved financing for such project upon in those eligible infrastructure projects; (B) INTEREST.—Any payment deferred the request of the Chief Executive Officer. (D) a description of the successes and chal- under subparagraph (A) shall— (d) CONCURRENT REVIEWS.—Each agency, to lenges encountered in lending to rural com- (i) continue to accrue interest, in accord- the greatest extent permitted by law, shall— munities, including the role of the Office of ance with the terms of the obligation, until (1) carry out the obligations of the agency Technical and Rural Assistance established fully repaid; and under other applicable law concurrently, and under this division; and (ii) be scheduled to be amortized over the in conjunction with other reviews being con- (E) an assessment of the risks of the port- remaining term of the loan. ducted by other participating agencies, in- folio of IFA, which shall be prepared by an (C) CRITERIA.— cluding environmental reviews required independent source. (i) IN GENERAL.—Any payment deferral under the National Environmental Policy (2) GAO.—Not later than 5 years after the under subparagraph (A) shall be contingent Act (42 U.S.C. 4321 et seq.), unless such con- date of enactment of this division, the Comp- on the eligible infrastructure project meet- current reviews would impair the ability of troller General of the United States shall ing criteria established by the Board of Di- the agency to carry out its statutory obliga- conduct an evaluation of, and submit to the rectors. tions; and Committee on Commerce, Science, and (ii) REPAYMENT STANDARDS.—The criteria (2) formulate and implement administra- Transportation of the Senate and to the established under clause (i) shall include tive, policy, and procedural mechanisms to Committees on Transportation and Infra- standards for reasonable assurance of repay- enable the agency to ensure the completion structure and Energy and Commerce of the ment. of the environmental review process in a House of Representatives a report on the ac- (4) PREPAYMENT OF DIRECT LOANS.— timely, coordinated, and environmentally re- tivities of IFA for the fiscal years covered by (A) USE OF EXCESS REVENUES.—Any excess sponsible manner. the report that includes— (A) an assessment of the impact and bene- revenues that remain after satisfying sched- SEC. 204. COMPLIANCE AND ENFORCEMENT. fits of each funded eligible infrastructure uled debt service requirements on the eligi- (a) CREDIT AGREEMENT.—Notwithstanding project, including a review of how effectively ble infrastructure project obligations and di- any other provision of law, each eligible en- each eligible infrastructure project accom- rect loan and all deposit requirements under tity that receives assistance under this divi- plished the goals prioritized by the eligible the terms of any trust agreement, bond reso- sion shall enter into a credit agreement that infrastructure project criteria of IFA; and lution, or similar agreement securing project requires such entity to comply with all ap- obligations under this division may be ap- (B) an evaluation of the effectiveness of, plicable policies and procedures of IFA, in and challenges facing, loan programs at the plied annually to prepay the direct loan, addition to all other provisions of the loan without penalty. Department of Transportation and Depart- agreement. ment of Energy, and an analysis of the advis- (B) USE OF PROCEEDS OF REFINANCING.—A (b) APPLICABILITY OF FEDERAL LAWS.—Each direct loan under this division may be pre- ability of consolidating those programs with- eligible entity that receives assistance under in IFA. paid at any time, without penalty, from the this division shall provide written assurance, (c) BOOKS AND RECORDS.— proceeds of refinancing from non-Federal in such form and manner and containing (1) IN GENERAL.—IFA shall maintain ade- funding sources. such terms as are to be prescribed by IFA, quate books and records to support the fi- (j) LOAN GUARANTEES.—The terms of a loan that the eligible infrastructure project will nancial transactions of IFA, with a descrip- guaranteed by IFA under this division shall be performed in compliance with the require- tion of financial transactions and eligible in- be consistent with the terms set forth in this ments of all Federal laws that would other- frastructure projects receiving funding, and section for a direct loan, except that the rate wise apply to similar projects to which the the amount of funding for each project main- on the guaranteed loan and any payment, United States is a party, or financed in tained on a publically accessible database. prepayment, or refinancing features shall be whole or in part from Federal funds or in ac- (2) AUDITS BY THE SECRETARY AND GAO.— negotiated between the obligor and the lend- cordance with guarantees of a Federal agen- The books and records of IFA shall at all er (as defined in section 601(a) of title 23, cy or financed from funds obtained by pledge times be open to inspection by the Sec- United States Code) with the consent of the of any contract of a Federal agency to make retary, the Special Inspector General, and Chief Executive Officer. a loan, grant, or annual contribution (except the Comptroller General of the United (k) COMPLIANCE WITH FEDERAL CREDIT RE- where a different meaning is expressly indi- States. FORM ACT OF 1990.— cated). (1) IN GENERAL.—Except as provided in SEC. 206. EFFECT ON OTHER LAWS. (c) IFA AUTHORITY ON NONCOMPLIANCE.—In paragraph (2), direct loans and loan guaran- Nothing in this division may be construed any case in which an eligible entity that re- tees authorized by this division shall be sub- to affect or alter the responsibility of an eli- ceives assistance under this division is mate- ject to the provisions of the Federal Credit gible entity that receives assistance under rially out of compliance with the loan agree- Reform Act of 1990 (2 U.S.C. 661 et seq.). this division to comply with applicable Fed- ment, or any applicable policy or procedure eral and State laws (including regulations) (2) EXCEPTION.—Section 504(b) of the Fed- of IFA, the Board of Directors may take ac- relating to an eligible infrastructure project. eral Credit Reform Act of 1990 (2 U.S.C. tion— 661c(b)) shall not apply to a loan or loan TITLE III—FUNDING OF IFA (1) to cancel unused loan amounts; or guarantee under this division. SEC. 301. FEES. (2) to accelerate the repayment terms of (l) POLICY OF CONGRESS.—It is the policy of The Chief Executive Officer shall establish Congress that IFA shall only make a direct any outstanding obligation. fees with respect to loans and loan guaran- loan or loan guarantee under this division if SEC. 205. AUDITS; REPORTS TO THE PRESIDENT tees under this division that— IFA determines that IFA is reasonably ex- AND CONGRESS. (1) are sufficient to cover all the adminis- pected to recover the full amount of the di- (a) ACCOUNTING.—The books of account of trative costs to the Federal Government for rect loan or loan guarantee. IFA shall be— the operations of IFA; SEC. 203. ENVIRONMENTAL PERMITTING PROC- (1) maintained in accordance with gen- (2) may be in the form of an application or ESS IMPROVEMENTS. erally accepted accounting principles; and transaction fee, or interest rate adjustment; (a) INTERAGENCY COORDINATION.—As soon (2) subject to an annual audit by inde- and as practicable after IFA approves financing pendent public accountants of nationally (3) may be based on the risk premium asso- for a proposed project under this title, the recognized standing appointed by the Board ciated with the loan or loan guarantee, tak- President shall convene a meeting of rep- of Directors. ing into consideration— resentatives of all relevant and appropriate (b) REPORTS.— (A) the price of Treasury obligations of a permitting agencies— (1) BOARD OF DIRECTORS.—Not later than 90 similar maturity; (1) to establish or update a permitting days after the last day of each fiscal year, (B) prevailing market conditions; timetable for the proposed project; the Board of Directors shall submit to the (C) the ability of the eligible infrastruc- (2) to coordinate concurrent permitting re- President and Congress a complete and de- ture project to support the loan or loan guar- views by all necessary agencies; and tailed report with respect to the preceding antee; and (3) to coordinate with relevant State agen- fiscal year, setting forth— (D) the total amount of the loan or loan cies and regional infrastructure development (A) a summary of the operations of IFA for guarantee. agencies to ensure— that fiscal year; SEC. 302. SELF-SUFFICIENCY OF IFA. (A) adequate participation; and (B) a schedule of the obligations of IFA and The Chief Executive Officer shall, to the (B) the timely provision of necessary docu- capital securities outstanding at the end of extent practicable, take actions consistent mentation to allow any State review to pro- that fiscal year, with a statement of the with this division to make IFA a self-sus- ceed without delay. amounts issued and redeemed or paid during taining entity, with administrative costs and (b) GOAL.—The permitting timetable for that fiscal year; Federal credit subsidy costs fully funded by each proposed project established pursuant (C) the status of eligible infrastructure fees and risk premiums on loans and loan to subsection (a)(1) shall ensure that the en- projects receiving funding or other assist- guarantees.

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.042 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE April 7, 2016 CONGRESSIONAL RECORD — SENATE S1839 SEC. 303. FUNDING. ing ‘‘the construction of which begins before Revenue Code of 1986 to permanently (a) AUTHORIZATION OF APPROPRIATIONS.— January 1, 2022’’. extend increased expensing limita- (1) IN GENERAL.—There is authorized to be (d) QUALIFIED SMALL WIND ENERGY PROP- tions, and for other purposes; which appropriated to IFA to make direct loans ERTY .—Section 48(c)(4)(C) of such Code is was ordered to lie on the table; as fol- and loan guarantees under this division amended by striking ‘‘for any period after $10,000,000,000, which shall remain available December 31, 2016’’ and inserting ‘‘the con- lows: until expended. struction of which does not begin before Jan- At the end of title V, add the following: (2) ADMINISTRATIVE COSTS.—Of the amounts uary 1, 2022’’. SEC. 5032. TREATMENT OF TRANSPORTATION SE- appropriated pursuant to paragraph (1), the (e) THERMAL ENERGY PROPERTY.—Section CURITY ADMINISTRATION TRUSTED IFA may expend, for administrative costs, 48(a)(3)(A)(vii) of such Code is amended by TRAVELER PROGRAM FEES. not more than— striking ‘‘periods ending before January 1, Section 540 of the Department of Homeland (A) $25,000,000 for each of the fiscal years 2017’’ and inserting ‘‘property the construc- Security Appropriations Act, 2006 (Public 2016 and 2017; and tion of which begins before January 1, 2022’’. Law 109–90; 49 U.S.C. 114 note) is amended by (B) not more than $50,000,000 for fiscal year (f) GEOTHERMAL ENERGY PROPERTY.—Sub- striking ‘‘and shall be credited’’ and all that 2018. clause (II) of section 48(a)(2)(A)(i) of such follows and inserting the following: ‘‘; Pro- (b) INTEREST.—The amounts made avail- Code is amended by striking ‘‘paragraph vided further, That such fees shall be depos- able to IFA pursuant to subsection (a) shall (3)(A)(i)’’ and inserting ‘‘clause (i) or (iii) of ited in the general fund of the Treasury and be placed in interest-bearing accounts. paragraph (3)(A)’’. shall be available to the Transportation Se- (c) RURAL INFRASTRUCTURE PROJECTS.—Of (g) PHASEOUT OF 30 PERCENT CREDIT RATE curity Administration as provided in ad- the amounts made available to IFA under FOR FUEL CELL, SMALL WIND, AND GEO- vance in appropriations Acts.’’. this section, not less than 5 percent shall be THERMAL ENERGY PROPERTY.— f used to offset subsidy costs associated with (1) IN GENERAL.—Subsection (a) of section rural infrastructure projects. 48 of such Code is amended by adding at the AUTHORITY FOR COMMITTEES TO SEC. 304. CONTRACT AUTHORITY. end the following new paragraph: MEET Notwithstanding any other provision of ‘‘(7) PHASEOUT FOR QUALIFIED FUEL CELL COMMITTEE ON ARMED SERVICES law, approval by the Board of Directors of a PROPERTY, QUALIFIED SMALL WIND ENERGY Mrs. FISCHER. Mr. President, I ask PROPERTY, AND GEOTHERMAL PROPERTY.— Federal credit instrument that uses funds unanimous consent that the Com- made available under this division shall im- ‘‘(A) IN GENERAL.—In the case of qualified pose upon the United States a contractual fuel cell property, qualified small wind en- mittee on Armed Services be author- obligation to fund the Federal credit invest- ergy property, or property described in para- ized to meet during the session of the ment. graph (3)(A)(iii), the construction of which Senate on April 7, 2016, at 9:30 a.m. SEC. 305. LIMITATION ON AUTHORITY. begins before January 1, 2022, the energy per- The PRESIDING OFFICER. Without IFA shall not have the authority to issue centage determined under paragraph (2) shall objection, it is so ordered. be equal to— debt in its own name. COMMITTEE ON BANKING, HOUSING, AND URBAN ‘‘(i) in the case of any property the con- AFFAIRS TITLE IV—TAX EXEMPTION REQUIRE- struction of which begins after December 31, MENTS FOR STATE AND LOCAL BONDS 2019, and before January 1, 2021, 26 percent, Mrs. FISCHER. Mr. President, I ask SEC. 401. NATIONAL LIMITATION ON AMOUNT OF and unanimous consent that the Com- TAX-EXEMPT FINANCING FOR FA- ‘‘(ii) in the case of any property the con- mittee on Banking, Housing, and CILITIES. struction of which begins after December 31, Urban Affairs be authorized to meet Section 142(m)(2)(A) of the Internal Rev- 2020, and before January 1, 2022, 22 percent. during the session of the Senate on enue Code of 1986 is amended by striking ‘‘(B) PLACED IN SERVICE DEADLINE.—Sub- April 7, 2016, at 10 a.m. ‘‘$15,000,000,000’’ and inserting paragraph (A) shall not apply to any prop- ‘‘$16,000,000,000’’. The PRESIDING OFFICER. Without erty which is not placed in service before objection, it is so ordered. TITLE V—BUDGETARY EFFECTS January 1, 2024.’’. COMMITTEE ON ENVIRONMENT AND PUBLIC SEC. 501. BUDGETARY EFFECTS. (2) CONFORMING AMENDMENT.—Subpara- WORKS The budgetary effects of this division, for graph (A) of section 48(a)(2) of such Code is the purpose of complying with the Statutory amended by striking ‘‘paragraph (6)’’ and in- Mrs. FISCHER. Mr. President, I ask Pay-As-You-Go Act of 2010, shall be deter- serting ‘‘paragraphs (6) and (7)’’. unanimous consent that the Com- mined by reference to the latest statement (h) PHASEOUT OF 10 PERCENT CREDIT mittee on Environment and Public titled ‘‘Budgetary Effects of PAYGO Legisla- RATE.— Works be authorized to meet during tion’’ for this division, submitted for print- (1) IN GENERAL.—Subsection (a) of section the session of the Senate on April 7, ing in the Congressional Record by the 48 of such Code, as amended by subsection 2016, at 10 a.m., in room SD–406 of the (g), is amended by adding at the end the fol- Chairman of the Senate Budget Committee, Dirksen Senate Office Building, to con- provided that such statement has been sub- lowing new paragraph: mitted prior to the vote on passage. ‘‘(8) PHASEOUT OF 10 PERCENT CREDIT duct a hearing entitled, ‘‘The Federal RATE.— Role in Keeping Water and Wastewater SA 3563. Mr. HELLER submitted an ‘‘(A) IN GENERAL.—In the case of property Infrastructure Affordable.’’ amendment intended to be proposed to to which paragraph (2)(A)(ii) applies (before The PRESIDING OFFICER. Without amendment SA 3464 submitted by Mr. the application of this paragraph), the en- objection, it is so ordered. ergy percentage determined under paragraph THUNE (for himself and Mr. NELSON) to COMMITTEE ON ENERGY AND NATURAL (2) shall be equal to— RESOURCES the bill H.R. 636, to amend the Internal ‘‘(i) in the case of any property the con- Revenue Code of 1986 to permanently struction of which begins after December 31, Mrs. FISCHER. Mr. President, I ask extend increased expensing limita- 2019, and before January 1, 2021, 8 percent, unanimous consent that the Com- tions, and for other purposes; which and mittee on Energy and Natural Re- was ordered to lie on the table; as fol- ‘‘(ii) in the case of any property the con- sources be authorized to meet during lows: struction of which begins after December 31, the session of the Senate on April 7, 2020, and before January 1, 2022, 6 percent. At the appropriate place, insert the fol- 2016, at 10 a.m., in room SD–366 of the ‘‘(B) PLACED IN SERVICE DEADLINE.—Sub- lowing: Dirksen Senate Office Building. paragraph (A) shall not apply to any prop- The PRESIDING OFFICER. Without SEC. lll. EXTENSION OF ENERGY CREDIT FOR erty which is not placed in service before CERTAIN ENERGY PROPERTY. objection, it is so ordered. January 1, 2024.’’. (a) QUALIFIED FUEL CELL PROPERTY.—Sec- (2) CONFORMING AMENDMENT.—Subpara- COMMITTEE ON THE JUDICIARY tion 48(c)(1)(D) of the Internal Revenue Code graph (A) of section 48(a)(2) of such Code, as Mrs. FISCHER. Mr. President, I ask of 1986 is amended by striking ‘‘for any pe- amended by subsection (g), is amended by riod after December 31, 2016’’ and inserting unanimous consent that the Com- striking ‘‘(6) and (7)’’ and inserting ‘‘(6), (7), ‘‘the construction of which does not begin mittee on the Judiciary be authorized and (8).’’. before January 1, 2022’’. to meet during the session of the Sen- (i) EFFECTIVE DATE.—The amendments (b) QUALIFIED MICROTURBINE PROPERTY.— ate on April 7, 2016, at 10 a.m., in room made by this section shall take effect on the Section 48(c)(2)(D) of such Code is amended date of the enactment of this Act. SD–226 of the Dirksen Senate Office by striking ‘‘for any period after December Building. 31, 2016’’ and inserting ‘‘the construction of SA 3564. Mr. SASSE submitted an The PRESIDING OFFICER. Without which does not begin before January 1, 2022’’. objection, it is so ordered. (c) COMBINED HEAT AND POWER SYSTEM amendment intended to be proposed to PROPERTY.—Section 48(c)(3)(A)(iv) of such amendment SA 3464 submitted by Mr. SELECT COMMITTEE ON INTELLIGENCE Code is amended by striking ‘‘which is placed THUNE (for himself and Mr. NELSON) to Mrs. FISCHER. Mr. President, I ask in service before January 1, 2017’’ and insert- the bill H.R. 636, to amend the Internal unanimous consent that the Select

VerDate Sep 11 2014 01:39 Apr 08, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\CR\FM\A07AP6.042 S07APPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1840 CONGRESSIONAL RECORD — SENATE April 7, 2016 Committee on Intelligence be author- Senate, I ask unanimous consent that SCOTT G. KENNIS SCOTT P. KING ized to meet during the session of the it stand adjourned under the previous RICHARD C. KUHLMAN Senate on April 7, 2016, at 2 p.m., in order. JONATHAN C. G. LEE HERBERT A. LEMKE room SH–219 of the Hart Senate Office There being no objection, the Senate, GARLAND D. MASON III Building. at 5:06 p.m., adjourned until Monday, KENNETH R. MAY JESSE MCCULLOUGH The PRESIDING OFFICER. Without April 11, 2016, at 3 p.m. DAVID T. MORRISON objection, it is so ordered. KEVIN E. NAGY f MACIEJ A. NAPIERALSKI SUBCOMMITTEE ON AFRICA AND GLOBAL HEALTH WILLIE J. NEWTON NOMINATIONS POLICY MARK J. OLSON SAMUEL RICO Mrs. FISCHER. Mr. President, I ask Executive nominations received by BRIAN C. SATTERLEE II unanimous consent that the Com- the Senate: CHARLES E. SHIELDS, JR. RONALDO O. SILVA mittee on Foreign Relations, Sub- DEPARTMENT OF ENERGY JOHN F. SMITH JONATHAN R. SMITH committee on Africa and Global Health DIMITRI FRANK KUSNEZOV, OF CALIFORNIA, TO BE MARK A. SMITH DEPUTY ADMINISTRATOR FOR DEFENSE PROGRAMS, NA- Policy be authorized to meet during MICHAEL N. SMITH TIONAL NUCLEAR SECURITY ADMINISTRATION, VICE CARL A. SUBLER the session of the Senate on April 7, DONALD L. COOK, RESIGNED. JOHN F. TILLMAN 2016, at 10 a.m., to conduct a hearing DEPARTMENT OF EDUCATION OWEN VAZQUEZ entitled ‘‘A Progress Report on the BRYAN T. WRIGHT MATTHEW LEHRICH, OF MASSACHUSETTS, TO BE AS- DOUGLAS YODER West Africa Ebola Epidemic.’’ SISTANT SECRETARY FOR COMMUNICATIONS AND OUT- BRADFORD T. ZWETSCHKE The PRESIDING OFFICER. Without REACH, DEPARTMENT OF EDUCATION, VICE PETER D012793 CUNNINGHAM. D012875 objection, it is so ordered. AMY MCINTOSH, OF NEW YORK, TO BE ASSISTANT SEC- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RETARY FOR PLANNING, EVALUATION, AND POLICY DE- TO THE GRADE INDICATED IN THE UNITED STATES ARMY f VELOPMENT, DEPARTMENT OF EDUCATION, VICE CAR- UNDER TITLE 10, U.S.C., SECTION 624: MEL MARTIN, RESIGNED. PRIVILEGES OF THE FLOOR ANTONIA WHALEN, OF ILLINOIS, TO BE ASSISTANT To be colonel SECRETARY FOR ELEMENTARY AND SECONDARY EDU- Mr. MERKLEY. Mr. President, I ask CATION, DEPARTMENT OF EDUCATION, VICE DEBORAH S. JOSHUA D. WRIGHT unanimous consent that Jessica Ha- DELISLE, RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT gens-Jordan, an intern in my office, be IN THE AIR FORCE TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: granted the privilege of the floor for THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel the balance of the day. IN THE GRADE INDICATED IN THE REGULAR AIR FORCE The PRESIDING OFFICER. Without UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: TIMOTHY R. TEAGUE To be major THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. TO THE GRADE INDICATED IN THE UNITED STATES ARMY ALBERT E. WHITE f UNDER TITLE 10, U.S.C., SECTION 624: IN THE ARMY To be lieutenant colonel ORDERS FOR MONDAY, APRIL 11, THE FOLLOWING NAMED OFFICER IN THE GRADE INDI- ERIC E. HALSTROM 2016 CATED IN THE REGULAR ARMY UNDER TITLE 10, U.S.C., SECTION 531: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF Mr. THUNE. Mr. President, I ask THE UNITED STATES OFFICERS FOR APPOINTMENT TO To be major THE GRADE INDICATED IN THE RESERVE OF THE ARMY unanimous consent that when the Sen- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: TRAVIS H. OWEN ate completes its business today, it ad- To be colonel journ until 3 p.m., Monday, April 11; THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY BRIAN D. BOBO that following the prayer and pledge, AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND DAVID E. CASEY the morning hour be deemed expired, 3064: THERESA K. COGSWELL the Journal of proceedings be approved To be major ANTHONY D. FOURNIER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT to date, and the time for the two lead- JOSHUA T. ADE TO THE GRADE INDICATED IN THE RESERVE OF THE KEITH L. ADERHOLD ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ers be reserved for their use later in PAUL R. BELCHER the day; further, that following leader ROBERT W. BOETTCHER To be colonel STEPHAN H. BUCHANAN remarks, the Senate be in a period of KEVIN E. BURTON DENNIS N. SNELLING morning business until 4 p.m., with MATTHEW S. CANADA DAVID M. CHAPMAN Senators permitted to speak therein DANIEL L. CLAYPOOLE f for up to 10 minutes each; finally, that JAMES D. DICE CHARLES G. GILBERTSON following morning business, the Senate JONATHAN L. GINDER WITHDRAWAL resume consideration of H.R. 636. LEE R. GREENFIELD, JR. TIMOTHY B. GRESHAM Executive Message transmitted by The PRESIDING OFFICER. Without CHAN Y. HAM objection, it is so ordered. JOSEPH E. HAMILTON the President to the Senate on April 7, DARRELL E. HARLOWCURTIS 2016 withdrawing from further Senate f ANSELMO HERNANDEZ JASON E. HESSELING consideration the following nomina- ADJOURNMENT UNTIL MONDAY, JAMES D. HOGSTEN tion: CURTIS E. HULSHIZER APRIL 11, 2016, AT 3 P.M. WALLACE A. JACKSON IV KARL BOYD BROOKS, OF KANSAS, TO BE AN ASSISTANT Mr. THUNE. Mr. President, if there is MICHAEL D. JONES ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION BENJAMIN H. JUNG AGENCY, VICE CRAIG E. HOOKS, RESIGNED, WHICH WAS no further business to come before the BRADLEY D. KATTELMANN SENT TO THE SENATE ON MAY 14, 2015.

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