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, TUESDAY, FEBRUARY 2, 2016 No. 19 House of Representatives The House met at 10 a.m. and was 300,000 young Americans are in danger I am pleased to stand before this called to order by the Speaker. of becoming victims of sex trafficking. country today and say that a group of f The average age, believe it or not, is 12 local officials and local volunteers did to 14 years old for girls. Last year something great in a local community MORNING-HOUR DEBATE alone, my home State of Pennsylvania that is going to preserve for future gen- The SPEAKER. Pursuant to the had a total of 106 reported cases of erations a really historic, cultural, and order of the House of January 5, 2016, human trafficking and 514 calls of environmental gem. the Chair will now recognize Members human trafficking violations. In fact, I commend the dedicated officials in from lists submitted by the majority Pennsylvania has stepped up the fight the West Chester community, includ- and minority leaders for morning-hour by enacting stricter human trafficking ing the West Chester Borough Council, debate. laws, and it was named one of the top a lot of people involved in the preserva- The Chair will alternate recognition five ‘‘most improved’’ States by the tion movement, including the grant between the parties, with each party Polaris Project. writing teams at the Natural Lands limited to 1 hour and each Member The legislation we have passed here Trust, as well as the Brandywine Con- other than the majority and minority in the House is another step in the servancy and many others, for their ef- leaders and the minority whip limited right direction. We have made forts to preserve this passive park. progress, but there is more that we can to 5 minutes, but in no event shall de- f bate continue beyond 11:50 a.m. and must do. I look forward to working with my colleagues to continue the RECESS f fight against human trafficking. The SPEAKER pro tempore (Mr. ENDING HUMAN TRAFFICKING BARCLAY GROUNDS HARDY). Pursuant to clause 12(a) of Mr. COSTELLO of Pennsylvania. Mr. The SPEAKER. The Chair recognizes rule I, the Chair declares the House in Speaker, I also rise to highlight the the gentleman from Pennsylvania (Mr. recess until noon today. COSTELLO) for 5 minutes. success of a local land preservation ef- fort in West Chester Borough, Chester Accordingly (at 10 o’clock and 4 min- Mr. COSTELLO of Pennsylvania. Mr. utes a.m.), the House stood in recess. Speaker, I rise in support of H.R. 515, County, Pennsylvania. The Barclay Grounds, located in f and I commend Congressman SMITH for West Chester Borough, is a beautiful his continued leadership efforts to b 1200 combat human trafficking. It is an property. The land has a rich history dating back to William Penn’s charter AFTER RECESS issue many of us take very, very seri- from the King. Over the years, it has ously. The recess having expired, the House served as an orchard and has been uti- This Congress, the House has passed was called to order by the Speaker pro lized for agricultural purposes as well several commonsense, bipartisan pieces tempore (Mr. JENKINS of West Virginia) as for passive recreation activities. For at noon. of legislation to end human traf- over 2 years, local officials and grass- ficking, and we remain dedicated to roots volunteers have worked on a f finding solutions to prevent this crimi- common mission: to preserve the Bar- PRAYER nal activity, to protect victims, and to clay Grounds for future generations. prosecute those individuals who seek I can recall, when I was a county The Chaplain, the Reverend Patrick to exploit innocent children. commissioner, when a gentleman by J. Conroy, offered the following prayer: One year ago today, I spoke on this the name of John Cottage, who founded God of mercy, we give You thanks for critical piece of legislation when it the Barclay Grounds Preservation Alli- giving us another day. first came to the House floor. I am glad ance, came in to see us, and I and my With exciting news for some, dis- the Senate has finally considered it, then-colleagues on the Board of County appointing for others, and remarkable and I am proud to be standing here Commissioners, Terence Farrell and for our Nation, the Members of this as- again today as this legislation will fi- Kathi Cozzone, decided that this was a sembly gather to address the work that nally make its way to the President’s worthwhile endeavor. We provided the is theirs to perform. desk for his signature following the seed funding, if you will, to help kick- May each Member be reminded of the legislation’s passage here in the House. start the grant application process for responsibility before them and, amidst Mr. Speaker, human trafficking is several funding streams to make sure the heightened emotions of this day, not a distant concept. It exists in com- that we would be able to preserve the properly and accurately discern sub- munities across America. An estimated Barclay Grounds. stance from distraction.

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

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VerDate Sep 11 2014 01:03 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.000 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H436 CONGRESSIONAL RECORD — HOUSE February 2, 2016 We thank You for the incredible gift HUMANITARIAN CRISIS IN Ms. ADAMS. Mr. Speaker, yesterday of our representative democracy still MADAYA, SYRIAN marked the anniversary of the Greens- being forged in the river of time that is (Ms. LORETTA SANCHEZ of Cali- boro Four sit-ins. Fifty-six years ago four North Caro- American history. May the work done fornia asked and was given permission lina A&T freshmen decided to peace- in the people’s House through these to address the House for 1 minute and fully challenge racial segregation in days prove to be historically fruitful to revise and extend her remarks.) and edifying for generations of Ameri- my hometown of Greensboro and the Ms. LORETTA SANCHEZ of Cali- community I’m proud to serve in Con- cans to come. fornia. Mr. Speaker, I rise today in May all that is done be for Your gress. order to bring attention to the ongoing Joseph McNeil, Jibreel Khazan, greater honor and glory. humanitarian crisis in Madaya, Syria. Amen. Franklin McCain, and David Richmond The inhabitants of Madaya are un- sat at a whites-only lunch counter in- f able to leave and are threatened daily side a Greensboro Woolworth store. THE JOURNAL by regime snipers and antipersonnel These young men sparked a wave of mines that surround their city. Over The SPEAKER pro tempore. The peaceful protests that spanned the 40,000 civilians have been kept from re- State and Nation, helping to put an Chair has examined the Journal of the ceiving vital humanitarian aid. And, last day’s proceedings and announces end to racial segregation. yes, this has resulted in mass starva- I remember traveling through North to the House his approval thereof. tion. Carolina as a young girl and going to Pursuant to clause 1, rule I, the Jour- Sadly, Madaya is not unique in its the back door of restaurants because I nal stands approved. suffering. There are Madayas all over couldn’t sit inside. Because of the f Syria—cities under siege—caught in Greensboro Four, my children, my PLEDGE OF ALLEGIANCE the middle of this vicious fighting, cit- grandchildren, and future generations ies with inhabitants in dire need of won’t have to share in my experience. The SPEAKER pro tempore. Will the food, water, and medical attention. My bipartisan resolution, H. Res. 128, gentlewoman from North Carolina (Ms. I urge Congress, the President, and honors these four courageous men and FOXX) come forward and lead the House the international community to do recognizes their impact. It has the sup- in the Pledge of Allegiance. more in response to the humanitarian port of 62 Members of Congress from Ms. FOXX led the Pledge of Alle- crisis that is going on in Syria. Enough both sides of the aisle. giance as follows: is enough. We have to stop these trage- Today I am calling on my colleagues I pledge allegiance to the Flag of the dies from happening. It is our collec- to support and pass this resolution in United States of America, and to the Repub- tive responsibility to do everything in honor of the Greensboro Four and all of lic for which it stands, one nation under God, our power; so let’s do it. the students who stood up for equality indivisible, with liberty and justice for all. by sitting down to end racial segrega- f f tion. ANNOUNCEMENT BY THE SPEAKER IRANIAN NUCLEAR DEAL f PRO TEMPORE SUPPORTS TERRORISM ROADBLOCK HUMAN TRAFFICKING The SPEAKER pro tempore. The (Mr. WILSON of South Carolina (Mr. WALBERG asked and was given Chair will entertain up to 15 requests asked and was given permission to ad- permission to address the House for 1 for 1-minute speeches on each side of dress the House for 1 minute and to re- minute.) the aisle. vise and extend his remarks.) Mr. WALBERG. Mr. Speaker, I rise f Mr. WILSON of South Carolina. Mr. today to speak up on behalf of the mil- Speaker, the fantasy Iranian nuclear lions of people across the world who CONGRATULATING FLONNIE deal went into effect on January 16, suffer under the injustice of modern- ANDERSON giving the Iranian regime billions of day slavery. (Ms. FOXX asked and was given per- dollars to support terrorism, expand its Last month the House observed mission to address the House for 1 ballistic missile program, and threaten Human Trafficking Awareness Month minute.) American families with attacks. to shine light on this horrific crime. Ms. FOXX. Mr. Speaker, today I rise Just 2 weeks ago Secretary of State The injustice of human trafficking to recognize Flonnie Anderson of Win- John Kerry admitted that some of the knows no political party or geo- ston-Salem, North Carolina. This re- funds would go to terrorist groups. graphical boundary. It happens right in markable and talented woman has What is worse, the Secretary believes our backyards. spent her life accomplishing things there is no way to prevent the funds Yesterday the House took important ahead of her time, from majoring in from supporting terrorist activity to steps in passing two bills to strengthen theater during the 1940s to helping de- kill American families. We must and our response to trafficking. I have also segregate a community, to starting her should be clear that the United States recently introduced H.R. 4406, the En- own theater group. has zero tolerance for terrorism or re- hancing Detection of Human Traf- As a teacher at Parkland High gimes that support terrorism. ficking Act, legislation which ensures the Department of Labor effectively School in 1970, Mrs. Anderson directed I am grateful to cosponsor the bipar- trains its employees to recognize and a play that starred both African Amer- tisan Zero Tolerance for Terror Act. respond to the illegal trade of people ican and Caucasian students, a first in This critical legislation gives Congress the ability to act quickly and effec- for exploitation or commercial gain. the history of Forsyth County schools. It will take close coordination from tively when Iran violates the existing As a director, she also helped integrate stakeholders at every level to eradi- restrictions. We should take every ef- the theater department at Wake Forest cate this unthinkable crime. Together, fort to protect American families and University. our voices and actions can help bring our Persian Gulf allies from an irra- She was the first African American freedom to the oppressed. actress to perform with the Little The- tional regime that promotes ‘‘death to atre of Winston-Salem. From that America, death to Israel.’’ f point on, the Little Theatre became In conclusion, God bless our troops, FIGHT TO CURE CANCER known as a place where the African and may the President, by his actions, (Mr. HIGGINS asked and was given American community could be treated never forget September the 11th in the permission to address the House for 1 equally. global war on terrorism. minute.) In recognition of her 34 years as an f Mr. HIGGINS. Mr. Speaker, 3 weeks educator, Parkland High School in ago President Obama in this very Winston-Salem has named their audi- GREENSBORO FOUR SIT-INS Chamber called for a national moon- torium for Mrs. Anderson. This honor (Ms. ADAMS asked and was given shot initiative to fight cancer. Yester- is well deserved and pays tribute to her permission to address the House for 1 day the White House proposed to allo- lasting impact in the local community. minute.) cate $1 billion over the next 2 years to

VerDate Sep 11 2014 01:03 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.002 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H437 supplement cancer research efforts chant, as they bid farewell and cele- Ms. KELLY of Illinois. Mr. Speaker, that are underway. brate the life of a great man and dedi- our economy has made solid gains The President said cancer research is cated public servant who passed away since 2009. We have added millions of at an inflection point, and he is right. suddenly last week. jobs. Businesses are hiring. Our econ- One need only to look at the The Honorable Gilbert Kahele was omy is growing. groundbreaking work on born in a small fishing village in In the Second District, we are seeing immunotherapy underway at the Milolii on May 15, 1942. He is a native signs of recovery through small busi- Roswell Park Cancer Institute in Buf- Hawaiian, a very talented musician, ness growth and new startups like The falo to see how far the science has and a community activist who self- New Look Restaurant and Bar owned come. lessly served our country as a U.S. ma- by Nate and Cleo Pendleton. Last year Congress came together to rine, served Hawaii as a State senator, But the fact remains that the Amer- increase funding to the National Insti- and served his community of Hawaii as ican Dream still remains out of reach tutes of Health by $2 billion, including a fierce advocate. for far too many families. Today 8 mil- a 5 percent increase to the National I saw Gil recently here in Wash- lion Americans are searching for well- Cancer Institute. Now is not the time ington, D.C., just a few months ago, paying jobs 7 years after the end of the to let up. It is time to accelerate and where, as always, he was ready with a recession. expand our Nation’s cancer fight. smile, a hug, and warm aloha. Each year at my annual jobs fair, I Next month the House will consider a My heart is with the Kahele ’ohana meet hundreds of these qualified Amer- budget resolution. I call on House lead- and all of Hawaii island as today we icans who are tired of searching for ers to stand behind our scientists to celebrate Gil’s life of service and the good jobs. They are single mothers in support Americans living with cancer positive impact he made on countless night school. They are fathers working and to include robust funding for can- lives. two part-time jobs to keep a roof over cer research. Gil, mahalo nui loa for dedicating their family’s heads. They are veterans f your life to serving others and for dem- who survived the fight abroad only to onstrating how much we can achieve fight for employment at home. They SHAKESPEARE’S FIRST FOLIOS when we work together in the spirit of are seniors who have to reenter the (Mr. DOLD asked and was given per- aloha. workforce after their retirement sav- mission to address the House for 1 f ings were wiped out. minute and to revise and extend his re- PUNXSUTAWNEY PHIL PREDICTS These Americans deserve a govern- marks.) EARLY SPRING ment that will pass impactful jobs leg- Mr. DOLD. Mr. Speaker, just across islation. Let’s make 2016 a year of ac- the street is the world’s largest Shake- (Mr. THOMPSON of Pennsylvania tion and economic prosperity. speare collection. The Folger Shake- asked and was given permission to ad- speare Library is home to more Shake- dress the House for 1 minute and to re- f speare ‘‘First Folios’’ than anywhere vise and extend his remarks.) COMMEMORATING 25 YEARS OF else in the world. Mr. THOMPSON of Pennsylvania. SERVICE FOR TRINITY BAPTIST Published in 1623, the ‘‘First Folio’’ Mr. Speaker, I rise today with good COMMUNITY CHURCH INTER- is the first printed collection of Shake- news. Early this morning in Punx- NATIONAL speare’s plays. Without it, 18 plays, in- sutawney, Pennsylvania, located in the cluding ‘‘Macbeth,’’ ‘‘Julius Caesar,’’ Commonwealth’s Fifth Congressional (Mr. HULTGREN asked and was and ‘‘The Tempest,’’ could have been District, Punxsutawney Phil predicted given permission to address the House lost. an early spring. for 1 minute and to revise and extend This year, as part of a national cele- In the 130 years Phil has predicted his remarks.) bration marking the 400th anniversary the weather on February 2, this is only Mr. HULTGREN. Mr. Speaker, I rise of Shakespeare’s death, the Folger the 18th time that he has called for an today to commemorate 25 years of Shakespeare Library is touring a early spring. Now, I know that I join faithful service carried out by members ‘‘First Folio’’ around the country. many of my colleagues from across the at Trinity Baptist Community Church Schoolchildren, theater lovers, and Nation in a bipartisan fashion in hop- International in Crystal Lake, Illinois. Shakespeare enthusiasts alike will wit- ing that this prediction comes true. Founded in 1991 by Senior Pastor ness with their own eyes the book that Groundhog Day means so much to Bishop Dr. Michael J. Love, the church gave us Shakespeare. Punxsutawney and the communities has been a light to the surrounding During the month of February, the which surround it. This tradition has community and to people around the 10th District of Illinois is hosting the its roots which go back centuries, but world, demonstrating in word and deed ‘‘First Folio.’’ The Lake County Forest the celebration in Punxsutawney got a Christ’s command to love one’s neigh- Preserve District’s Lake County Dis- start in 1886, one year before the first bor as oneself. covery Museum has the honor to trek to the celebration’s official home Through a myriad of initiatives, present the exhibition ‘‘First Folio! of Gobbler’s Knob. members have provided job skills The Book That Gave Us Shakespeare.’’ Since the start of the celebration, training to struggling workers and re- This will offer the public a once-in-a- Phil has been joined on February 2 by lief to the impoverished. lifetime opportunity to see this influ- movie stars such as Bill Murray and Bishop Love’s prison outreach min- ential and treasured book and experi- several Governors of Pennsylvania. istry is well known to McHenry County ence the powerful words of William And, yes, I have attended the festivi- and is a respected partner to the Shakespeare. ties a few times. Phil even visited McHenry County Correctional Facility. Mr. Speaker, I encourage everyone President Ronald Reagan at the White Their diligence demonstrates the inte- who is able to take advantage of this House. gral role faith plays in our local com- amazing opportunity. It is wonderful to see such dedication munities by bringing people together, from the people of Punxsutawney to f united by common beliefs to help each this great tradition, which brings in other. MOURNING THE HONORABLE visitors from across the world to Penn- Like the Good Samaritan, they un- GILBERT KAHELE sylvania. derstand that ‘‘neighbor’’ sometimes (Ms. GABBARD asked and was given f includes those outside of their commu- permission to address the House for 1 b 1215 nities. That is why they have been in- minute.) volved with over 100 ministries across Ms. GABBARD. Mr. Speaker, this LET’S MAKE 2016 A YEAR OF the globe, sharing the gospel and serv- morning in Hawaii, in just a couple of ACTION ing the people of Haiti, India, and the hours, the people of the Aloha State (Ms. KELLY of Illinois asked and was Dominican Republic, among others. are gathering at the Hawaii State Cap- given permission to address the House May God bless Trinity Baptist in its itol to perform the Kanikau, a morning for 1 minute.) next 25 years of service.

VerDate Sep 11 2014 01:03 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.004 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H438 CONGRESSIONAL RECORD — HOUSE February 2, 2016 AFFORDABLE CARE ACT IS million people worldwide, is an insid- Stephen Robert Stay, 39 years old. HELPING PEOPLE ious crime that we must rout out wher- Katie Stay, 33 years old. (Ms. BASS asked and was given per- ever it exists. That is why today I am Brian Stay, 13. mission to address the House for 1 joining with my Republican colleague, Emily Stay, 9. Rebecca Stay, 7. minute.) Congresswoman BARBARA COMSTOCK, to Zachary Stay 4. Ms. BASS. Mr. Speaker, I rise today introduce the Secure Our Skies Act, a Pendleton, South Carolina, Novem- to support the Affordable Care Act and bipartisan bill that will give our airline ber 1, 2015: to urge this House to sustain President employees the tools that they need to combat human trafficking and close off Violet Taylor, 82 years old. Obama’s veto of the legislation to re- Barbara Scott, 80 years old. peal it. the airways to perpetrators of this hei- nous crime. Kathy Scott, 60. During our last recess, I visited St. Michael Scott, 59. John’s Well Child and Family Center, The Secure Our Skies, or SOS, Act ensures that all airlines develop train- Rockford, Illinois, December 20, 2014: an anchor in the south Los Angeles Demontae Rhodes, 24 years old. ing for their frontline employees on the community that provides quality Martia Flint, 24. best ways to recognize and report the health care for the community regard- Tyrone Smith, 6 years old. less of the patient’s ability to pay. often subtle signs of human traf- Tobias Smith, 4 years old. The Affordable Care Act has enabled ficking. This legislation builds on the Topeka, Kansas, December 1, 2013: St. John’s to expand and improve its work of the Blue Lightning campaign, Marvin Lewis Woods, 56 years old. facilities and increase its services, in- a voluntary program developed by the Carla Jean Avery, 45. cluding updating and modernizing its Departments of Homeland Security and Eric Christopher Avery, 43. children’s dental services. This is an Transportation with the assistance of Tamesha Lee, 34. example of the dental clinic. the Association of Flight Attendants, Dallas, Texas, August 7, 2013: Because California embraced the law, who are real champions for this train- Zina Bowser, 47. St. John’s is now able to serve over ing. Toya Smith, 43 years old. 53,000 new patients. Repealing the law Sadly, reported cases of human traf- Neima Williams, 28. would be detrimental. As St. John’s ficking are growing here at home and Tasmia Allen, 27. Executive Director Jim Mangia told around the globe. We all have to play a f me: Repealing the Affordable Care Act role in stopping human trafficking, and AMERICAN HEART MONTH would strip away health insurance this legislation will ensure our airline from 26,000 of St. John’s patients. That personnel can spot the signs and stop (Mrs. CAPPS asked and was given is 26,000 patients from that one clinic the crimes. permission to address the House for 1 alone. f minute and to revise and extend her re- marks.) Our primary goal in Congress should KEEP POUNDING be helping people, not voting away Mrs. CAPPS. Mr. Speaker, I rise their health insurance. (Mrs. ELLMERS of North Carolina today in recognition of American Heart asked and was given permission to ad- f Month and to remind Members of this dress the House for 1 minute and to re- week’s National Wear Red Day. REMEMBERING DONALD ‘‘BUDDY’’ vise and extend her remarks.) Each February here in Congress and WRAY Mrs. ELLMERS of North Carolina. in communities around this country, (Mr. HILL asked and was given per- Mr. Speaker, ‘‘Keep Pounding’’ is the we join together to raise awareness of mission to address the House for 1 motto of my Carolina Panthers and one heart disease, the number one cause of minute and to revise and extend his re- that transcends the football field. death for women. In fact, every minute marks.) Even when Sam Mills was diagnosed heart disease kills another woman. Mr. HILL. Mr. Speaker, I rise today with colon cancer—Sam was one of the As co-chair of the bipartisan Con- to honor the life and legacy of one of team’s coaches and a former player—he gressional Heart and Stroke Coalition, Arkansas’ most treasured business kept fighting. He was undergoing radi- I urge you to join us as we honor these leaders, Donald ‘‘Buddy’’ Wray. ation and chemotherapy treatments women and those who will be affected Mr. Wray, the former president of but kept pounding. in the future by participating in the Tyson Foods, in Springdale, died late Now this phrase is used to inspire National Wear Red Day campaign on last month at the age of 78. Buddy players and to remind the team to keep Friday, February 5. By wearing red, we spent more than 40 years with Tyson fighting, even when they are feeling will unite with women from around the Foods, growing and supporting good weak or run down. country to raise awareness of heart dis- jobs in Arkansas. Mr. Speaker, just as the Panthers ease. Buddy was an avid hunter, an out- keep pounding all the way to the Super We can and we must continue to doorsman, and a proud fan of the Ar- Bowl, the Committee on Energy and work together on behalf of our loved kansas Razorbacks. He spent much of Commerce keeps pounding in a bipar- ones, our friends, our neighbors, and his time helping our local commu- tisan manner to discover cures and everyone affected by heart disease. We nities. In particular, he was an avid fund research for many of the rare can- must reduce these numbers. member of the Kiwanis Club in Spring- cers and diseases that exist today. f dale. The 21st Century Cures initiative, RECOGNIZING THE FIFTH Buddy’s work and legacy has been which passed the House last July, will ANNIVERSARY OF TERRY’S HOUSE recognized by numerous organizations, allow us to develop cures for cancer, and he was inducted into both the Ar- like the one that took Sam Mills from (Mr. COSTA asked and was given per- kansas Agriculture Hall of Fame and this world and the one that affects our mission to address the House for 1 the Business Hall of Fame. He has left young superfan, Braylin Beam, who minute and to revise and extend his re- a lasting impact on our State and will courageously battles each day. marks.) be greatly missed by all of us. During this year’s Super Bowl, I en- Mr. COSTA. Mr. Speaker, I rise to I extend my respect, affection, and courage fans everywhere to remember recognize the fifth anniversary of Ter- prayers to his many friends, family, those who have been the inspiration be- ry’s House, a home that provides fami- and loved ones. hind our motto, ‘‘Keep Pounding.’’ lies with a place to stay when their f f loved ones are in critical care units at Fresno’s Community Regional Medical SECURE OUR SKIES ACT VICTIMS OF GUN VIOLENCE Center. (Ms. TITUS asked and was given per- (Mr. PETERS asked and was given The inspiration for the home came mission to address the House for 1 permission to address the House for 1 from Terry Richards, who suffered a se- minute.) minute.) rious head trauma when he was a child, Ms. TITUS. Mr. Speaker, human traf- Mr. PETERS. Mr. Speaker, Spring, and his mother had to travel over 80 ficking, which affects more than 21 Texas, July 9, 2014: miles a day to be with him.

VerDate Sep 11 2014 01:03 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.005 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H439 Now, thanks to Terry’s House, over Any Member may demand a separate vote in An integral part of this approach is 3,600 families from 42 States and 23 the House on any amendment adopted in the often project-based vouchers that can countries, who would otherwise have Committee of the Whole to the bill or to the be provided to encourage the develop- amendment in the nature of a substitute found themselves in similar cir- made in order as original text. The previous ment of mixed-income housing facili- cumstances, have been provided with question shall be considered as ordered on ties. However, because the Columbus an affordable, comfortable place to the bill and amendments thereto to final Metropolitan Housing Authority is ap- stay across the street from the hospital passage without intervening motion except proaching its cap for project-based where their loved ones are. one motion to recommit with or without in- vouchers, as many metropolitan hous- Terry’s House is dependent on gen- structions. ing authorities around the country are, erous supporters. I would like to thank The SPEAKER pro tempore. The gen- their capacity to build new mixed-in- them and their staff for all that they tleman from Ohio is recognized for 1 come communities that are thriving do for a positive difference for the fam- hour. and strong is at risk. ilies who are going through this very, Mr. STIVERS. Mr. Speaker, for the This bill authorizes public housing very difficult time. purpose of debate only, I yield the cus- authorities to project-base up to 20 per- We cannot say thank you enough to tomary 30 minutes to the gentleman cent of its authorized voucher alloca- my friend, Tom Richards, and his from Florida (Mr. HASTINGS), pending tion rather than 20 percent of its mother, Marie. Their efforts have made which I yield myself such time as I voucher funding. This change ensures this important home a reality for all as may consume. During consideration of that the unauthorized number of a living memory for Terry, who is no this resolution, all time yielded is for vouchers is more stable. It will help longer with us. Thank God for them the purpose of debate only. make it easier for housing authorities and thank God for Terry’s House. GENERAL LEAVE to plan their future investments in the f Mr. STIVERS. Mr. Speaker, I ask communities they serve. unanimous consent that all Members Knowing Charles Hillman and the PROVIDING FOR CONSIDERATION have 5 legislative days to revise and ex- great people at the Columbus Metro- OF H.R. 3700, HOUSING OPPOR- tend their remarks. politan Housing Authority and the TUNITY THROUGH MODERNIZA- The SPEAKER pro tempore. Is there great work they do, I would sure hate TION ACT OF 2015 objection to the request of the gen- to see them taken off the front lines in Mr. STIVERS. Mr. Speaker, by direc- tleman from Ohio? our war against poverty. We need to tion of the Committee on Rules, I call There was no objection. make this change. It is just one exam- up House Resolution 594 and ask for its b 1230 ple of something that is really good in immediate consideration. Mr. STIVERS. Mr. Speaker, on Mon- this bill. The Clerk read the resolution, as fol- day, the Rules Committee met and re- According to the Congressional Budg- lows: ported out a rule for H.R. 3700, the et Office, this bill is projected to actu- H. RES. 594 Housing Opportunity Through Mod- ally save $311 billion in discretionary Resolved, That at any time after adoption ernization Act of 2015. House Resolu- spending over just the next 5 years. of this resolution the Speaker may, pursuant tion 594 provides a structured rule for The savings associated with the flexi- to clause 2(b) of rule XVIII, declare the consideration of H.R. 3700. bilities and regulatory burden relief House resolved into the Committee of the The resolution provides 1 hour of de- provided to local housing authorities Whole House on the state of the Union for will result in substantial improvement consideration of the bill (H.R. 3700) to pro- bate equally divided between the chair vide housing opportunities in the United and ranking minority member of the in the return on investment for tax- States through modernization of various Committee on Financial Services. Ad- payers and help make sure that the af- housing programs, and for other purposes. ditionally, the resolution provides for fordable housing programs we have are The first reading of the bill shall be dis- consideration of 14 amendments offered sustainable. pensed with. All points of order against con- to H.R. 3700. Finally, Mr. Speaker, the Mr. Speaker, the bill passed the Fi- sideration of the bill are waived. General de- resolution provides a motion to recom- nancial Services Committee, which I bate shall be confined to the bill and shall mit for the bill. serve on, with a vote of 44–10—a strong not exceed one hour equally divided and con- Mr. Speaker, I rise today in support bipartisan vote. trolled by the chair and ranking minority It is my understanding that the spon- member of the Committee on Financial of the resolution and the underlying Services. After general debate the bill shall legislation. H.R. 3700 is a package of sor of this legislation has worked over be considered for amendment under the five- several bipartisan provisions that have the past few weeks with the ranking minute rule. In lieu of the amendment in the been voted on by the House Financial member of the committee, Ms. MAXINE nature of a substitute recommended by the Services Committee and received bi- WATERS of California, to address an Committee on Financial Services now print- partisan support multiple times since amendment that she offered—which ed in the bill, it shall be in order to consider 2006 in both Republican and Demo- has been made in order under the as an original bill for the purpose of amend- cratic Congresses. rule—which will alleviate the concerns ment under the five-minute rule an amend- H.R. 3700 cuts down on inefficient and of some Members about this legisla- ment in the nature of a substitute consisting of the text of Rules Committee Print 114–42. duplicative regulations. The bill em- tion. That amendment in the nature of a sub- ploys a commonsense approach to miti- So, even though it only passed 44–10— stitute shall be considered as read. All points gating the overlapping and redundant which is pretty good—I think we can of order against that amendment in the na- procedures that have made rental as- actually see a bigger improvement ture of a substitute are waived. No amend- sistance programs unnecessarily bur- when it hits the floor, because I think ment to that amendment in the nature of a densome for some tenants as well as the sponsor has worked with the rank- substitute shall be in order except those private owners and investors in afford- ing member, Ms. MAXINE WATERS of printed in the report of the Committee on able housing. California, to alleviate some of those Rules accompanying this resolution. Each The portions of H.R. 3700 that are such amendment may be offered only in the concerns. order printed in the report, may be offered particularly important to me and I look forward to debating this bill only by a Member designated in the report, many of the large metropolitan hous- with our House colleagues, and I urge shall be considered as read, shall be debat- ing authorities around the country cre- support for both the rule and the un- able for the time specified in the report ate positive changes based on project- derlying legislation. equally divided and controlled by the pro- based vouchers. Mr. Speaker, I reserve the balance of ponent and an opponent, shall not be subject The Columbus Metropolitan Housing my time. to amendment, and shall not be subject to a Authority, in my hometown, does a lot Mr. HASTINGS. Mr. Speaker, I yield demand for division of the question in the of vouchers. They have a strong record myself such time as I may consume. House or in the Committee of the Whole. All of converting slums into mixed-income I thank my friend, the gentleman points of order against such amendments are waived. At the conclusion of consideration of neighborhoods. They help make sure from Ohio, for yielding me the cus- the bill for amendment the Committee shall that the needs of those who live there tomary 30 minutes for debate. rise and report the bill to the House with come first and that we help build Mr. Speaker, I rise today to discuss such amendments as may have been adopted. strong communities around them. H.R. 3700, the Housing Opportunity

VerDate Sep 11 2014 01:03 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.006 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H440 CONGRESSIONAL RECORD — HOUSE February 2, 2016 Through Modernization Act of 2015. Mr. Speaker, I ask unanimous con- a good bill better, and I would urge my This bill includes modifications and sent to insert the text of the amend- colleagues to support Ms. WATERS’ updates to several existing laws per- ment in the RECORD, along with extra- amendment. taining to housing—and low-income neous materials, immediately prior to I urge my colleagues to vote ‘‘no’’ housing, in particular. the vote on the previous question. and defeat the previous question. Many of these changes clarify and The SPEAKER pro tempore. Is there Mr. Speaker, I yield back the balance improve specific regulations for the objection to the request of the gen- of my time. benefit of those providing low-income tleman from Florida? Mr. STIVERS. Mr. Speaker, I yield housing and those benefiting from the There was no objection. myself such time as I may consume. availability of low-income housing. In Mr. HASTINGS. Mr. Speaker, this Mr. Speaker, as my colleague from fact, this bill improves access to af- morning at 9, I held a gun violence Florida said, this is a good bill. It is a fordable housing for the most vulner- roundtable. We had extraordinary pre- commonsense bill. It reforms our hous- able, such as low-income families and senters from those who are gathering ing programs so they make sense for veterans. information and disseminating that in- people. It makes them more efficient. It is apparent that much work has formation around the country to ad- It saves $300 billion. It is a no-brainer. been involved in finding a balance, and dress this subject. I hope that we can pass the previous the authors and committee members of What the Gun Violence Research Act question so that we can actually move both parties are to be commended for would do is give the Centers for Disease to passing this bill and doing impor- their efforts. With that being said, it is Control the authority to research the tant reforms that will make govern- important to note that a provision of causes, mechanisms, prevention, diag- ment more efficient and help people in this bill will effectively raise rents for nosis, and treatment of injuries with the war against poverty. thousands of families with children respect to gun violence. It would also I urge my colleagues to support the and, ultimately, make it more difficult encourage the improvement and expan- rule, support the previous question, for some low-income parents to main- sion of the National Violent Death Re- and support the resolution. tain employment. porting Systems and empower The material previously referred to The deduction provisions in this bill, healthcare providers by not inhibiting by Mr. HASTINGS is as follows: as it is currently worded, raise rents a physician or other healthcare pro- AN AMENDMENT TO H. RES. 594 OFFERED BY for some of the lowest income families vider from asking a patient about the in the country. A quarter of households MR. HASTINGS possession of a firearm and speaking to At the end of the resolution, add the fol- facing rent increases of $25 or more a a patient about gun safety or reporting month are families with children whose lowing new sections: to authorities a patient’s threat of vio- SEC. 2. Immediately upon adoption of this childcare deduction would be reduced. lence. resolution the Speaker shall, pursuant to I hope that this important issue of If there is anyone in the House of clause 2(b) of rule XVIII, declare the House childcare deductions will be addressed. Representatives who does not believe resolved into the Committee of the Whole My colleague from Ohio just spoke that we have a gun violence epidemic House on the state of the Union for consider- about the work that our colleagues, in our society, then I would ask him or ation of the bill (H.R. 3926) to amend the the chair of this committee and the Public Health Service Act to provide for bet- her if they would speak with me and ranking member, have done to perhaps ter understanding of the epidemic of gun vio- other Members of Congress that have cause this measure to go forward and lence, and for other purposes. The first read- been about the business of trying to not be derailed because of the measure ing of the bill shall be dispensed with. All cause there to be a reduction. points of order against consideration of the of reducing the childcare deduction for This actually does fit into the cir- bill are waived. General debate shall be con- families. cumstances that we are addressing in fined to the bill and shall not exceed one Mr. Speaker, I reserve the balance of the Department of Housing and Urban hour equally divided and controlled by the my time. chair and ranking minority member of the Mr. STIVERS. Mr. Speaker, I yield Development. Many of the violent acts that take place—not just mass shoot- Committee on Energy and Commerce. After myself such time as I may consume. general debate the bill shall be considered I want to quickly address the issue ings, but on a day-to-day basis—regret- for amendment under the five-minute rule. raised by the gentleman. I alluded to tably, take place in some of the low-in- All points of order against provisions in the it, but I didn’t speak to it maybe as come areas, where we have inadequate bill are waived. At the conclusion of consid- clearly as I should have. housing, inadequate education, and in- eration of the bill for amendment the Com- I believe that there is an agreement adequate educational opportunity. mittee shall rise and report the bill to the between the chairman of the sub- I hope at least the research can be House with such amendments as may have been adopted. The previous question shall be committee as well as the ranking done that may give us the data for this Congress to have the courage to tell considered as ordered on the bill and amend- member of the full committee on an ments thereto to final passage without inter- amendment that Ms. WATERS is offer- the American people that, yes, we have vening motion except one motion to recom- ing with regard to the provision that a gun violence epidemic, and, yes, we mit with or without instructions. If the you refer to. I will tell you, I am going are going to do something about it. Committee of the Whole rises and reports to be voting for that amendment, and I The bill underlying this rule would that it has come to no resolution on the bill, would urge you to vote for it. I believe enact several incremental reforms to then on the next legislative day the House it is going to pass. It may just be a the Department of Housing and Urban shall, immediately after the third daily order of business under clause 1 of rule XIV, voice vote. If you are here, vote on it Development’s Section 8 tenant- and project-based rental assistance and resolve into the Committee of the Whole for by voice. further consideration of the bill. other public housing programs. Many Mr. Speaker, I reserve the balance of SEC. 3. Clause 1(c) of rule XIX shall not my time. of these reforms have been around for apply to the consideration of H.R. 3926. several years and have, as my col- Mr. HASTINGS. Mr. Speaker, I yield THE VOTE ON THE PREVIOUS QUESTION: WHAT myself such time as I may consume. league from Ohio (Mr. STIVERS) has IT REALLY MEANS This is an example, in my view, of pointed out, broad support from a wide This vote, the vote on whether to order the what can happen here when parties range of stakeholders as well as both previous question on a special rule, is not work together. Obviously, on this parties in Congress. merely a procedural vote. A vote against or- issue, the Financial Services Com- However, returning again to the sub- dering the previous question is a vote mittee has done a tremendous job. ject of the matter of deductions for against the Republican majority agenda and If we defeat the previous question, I child care, it is an important issue that a vote to allow the Democratic minority to am going to pivot for a moment and needs to be addressed. Representative offer an alternative plan. It is a vote about offer an amendment to the rule to WATERS has an amendment that was what the House should be debating. bring up a bill to help prevent mass made in order yesterday by the Rules Mr. Clarence Cannon’s Precedents of the House of Representatives (VI, 308–311), de- shootings by promoting research into Committee to resolve this issue. Like scribes the vote on the previous question on the causes of gun violence, making it my colleague from Ohio, I plan to vote the rule as ‘‘a motion to direct or control the easier to identify and treat those prone for that amendment, and I would urge consideration of the subject before the House to committing these acts. Members to recognize that this makes being made by the Member in charge.’’ To

VerDate Sep 11 2014 02:10 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.008 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H441 defeat the previous question is to give the b 1245 solemn responsibility as their Rep- opposition a chance to decide the subject be- resentatives. fore the House. Cannon cites the Speaker’s RESTORING AMERICANS’ HEALTH- CARE FREEDOM RECONCILIATION The House and the Senate voted to ruling of January 13, 1920, to the effect that veto this destructive law, a law that is ‘‘the refusal of the House to sustain the de- ACT OF 2015—VETO MESSAGE mand for the previous question passes the FROM THE PRESIDENT OF THE not only destructive to the health and control of the resolution to the opposition’’ UNITED STATES well-being of our citizens, but destruc- in order to offer an amendment. On March tive to the health of our economy, tak- 15, 1909, a member of the majority party of- The SPEAKER pro tempore. Pursu- ing jobs away, forcing people into part- fered a rule resolution. The House defeated ant to the order of the House of Janu- time work, forcing businesses to the previous question and a member of the ary 25, 2016, the unfinished business is downsize or limit who they hire. It is opposition rose to a parliamentary inquiry, the further consideration of the veto remarkably destructive. asking who was entitled to recognition. message of the President on the bill In fact, the House voted to repeal it Speaker Joseph G. Cannon (R–Illinois) said: (H.R. 3762) to provide for reconciliation ‘‘The previous question having been refused, by larger numbers than it voted to pass pursuant to section 2002 of the concur- it originally. However, the President the gentleman from New York, Mr. Fitz- rent resolution on the budget for fiscal gerald, who had asked the gentleman to vetoed our repeal. yield to him for an amendment, is entitled to year 2016. The President is the only person the first recognition.’’ The Clerk read the title of the bill. standing in the way of what the Amer- The Republican majority may say ‘‘the The SPEAKER pro tempore. The ican people want. Let me repeat that, vote on the previous question is simply a question is, Will the House, on recon- Mr. Speaker. The President is the only vote on whether to proceed to an immediate sideration, pass the bill, the objections person standing in the way of what the vote on adopting the resolution . . . [and] of the President to the contrary not- American people want. has no substantive legislative or policy im- withstanding? So our job now is to stand up for plications whatsoever.’’ But that is not what (For veto message, see proceedings of them, to demonstrate for them who is they have always said. Listen to the Repub- the House of January 8, 2016, at page lican Leadership Manual on the Legislative on their side, and who is standing in H210.) the way of positive, patient-centered Process in the United States House of Rep- The SPEAKER pro tempore. The gen- resentatives, (6th edition, page 135). Here’s reform. how the Republicans describe the previous tleman from Georgia (Mr. TOM PRICE) We favor a healthcare system where question vote in their own manual: ‘‘Al- is recognized for 1 hour. patients and families and doctors are though it is generally not possible to amend Mr. TOM PRICE of Georgia. Mr. making medical decisions, not Wash- the rule because the majority Member con- Speaker, for the purpose of debate ington, D.C. We favor a healthcare sys- trolling the time will not yield for the pur- only, I yield the customary 30 minutes tem that gets everyone covered with pose of offering an amendment, the same re- to the gentleman from Maryland (Mr. sult may be achieved by voting down the pre- policies that they want for themselves VAN HOLLEN), pending which I yield and for their families, not that the gov- vious question on the rule. . . . When the myself such time as I may consume. motion for the previous question is defeated, ernment forces them to buy. control of the time passes to the Member GENERAL LEAVE We favor a healthcare system that who led the opposition to ordering the pre- Mr. TOM PRICE of Georgia. Mr. embraces the principles of health care, vious question. That Member, because he Speaker, I ask unanimous consent that accessibility, affordability, quality, re- then controls the time, may offer an amend- all Members may have 5 legislative sponsiveness, innovation, and choice, ment to the rule, or yield for the purpose of days in which to revise and extend principles that are all violated by the amendment.’’ their remarks and insert extraneous current law. In Deschler’s Procedure in the U.S. House material on the veto message of the So today, Mr. Speaker, we stand with of Representatives, the subchapter titled President of the United States to the the American people. We will vote to ‘‘Amending Special Rules’’ states: ‘‘a refusal to order the previous question on such a rule bill, H.R. 3762. override the veto of the President, an [a special rule reported from the Committee The SPEAKER pro tempore. Is there action that runs absolutely counter to on Rules] opens the resolution to amend- objection to the request of the gen- the will of the majority of our country. ment and further debate.’’ (Chapter 21, sec- tleman from Georgia? I urge my colleagues to support this tion 21.2) Section 21.3 continues: ‘‘Upon re- There was no objection. veto override vote and stand with posi- jection of the motion for the previous ques- Mr. TOM PRICE of Georgia. Mr. tive solutions based on the principles tion on a resolution reported from the Com- Speaker, this is a historic day. It is not of health care that we all embrace. mittee on Rules, control shifts to the Mem- often that the House has the oppor- I reserve the balance of my time. ber leading the opposition to the previous tunity to so clearly fight to defend the Mr. VAN HOLLEN. Mr. Speaker, I question, who may offer a proper amendment or motion and who controls the time for de- will of the people. This is a day that yield myself such time as I may con- bate thereon.’’ embraces our Constitution and one of sume. Clearly, the vote on the previous question its fundamental tenets, our system of The only thing historic about this on a rule does have substantive policy impli- checks and balances. vote today is it probably breaks the cations. It is one of the only available tools This issue, the issue of health care, is record for the number of times a Con- for those who oppose the Republican major- vital to every single American. Health gress has voted to try to overturn ex- ity’s agenda and allows those with alter- care is so very personal. The American isting law that has been twice upheld native views the opportunity to offer an al- people are offended by a Federal Gov- by the Supreme Court of the United ternative plan. ernment that says that they know States. Mr. STIVERS. Mr. Speaker, I yield best, that they know and should dic- Yes, Mr. Speaker, here we go again back the balance of my time, and I tate to folks what kind of health care and again and again. How fitting it is move the previous question on the res- we should have, who should be treating that we are here, on Groundhog Day, olution. us, where we should be treated, and on for the 63rd vote in the House of Rep- The SPEAKER pro tempore. The and on and on. resentatives to overturn the Affordable question is on ordering the previous The American people have always op- Care Act. question. posed the current law. From the very And make no mistake. The Congres- The question was taken; and the day it was passed and was signed into sional Budget Office, the nonpartisan Speaker pro tempore announced that law, a majority of the citizens of this entity that analyzes bills, has told us the ayes appeared to have it. country opposed this law. and told the American people that, in In fact, Mr. Speaker, more people op- overturning the Affordable Care Act, Mr. HASTINGS. Mr. Speaker, on that pose the law now than they did when you will eliminate affordable health I demand the yeas and nays. the bill was passed. This is truly re- care for 22 million Americans. The yeas and nays were ordered. markable. More people oppose it now So this is a historically callous ac- The SPEAKER pro tempore. Pursu- than did when it was passed, which is tion that, in 1 day, our colleagues are ant to clause 8 of rule XX, further pro- why we have worked and fought so very proposing that we would deny afford- ceedings on this question will be post- hard to represent them, to represent able health care to 22 million Ameri- poned. our constituents, and to carry out our cans. It is also the 12th vote this House

VerDate Sep 11 2014 02:10 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.004 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H442 CONGRESSIONAL RECORD — HOUSE February 2, 2016 has taken to attack women’s health take away health care to 22 million have failed to uncover any evidence of care and defund Planned Parenthood. Americans, and don’t continue this at- illegal activity, even though a grand You know, the American people have tack on women’s health. jury last week cleared Planned Parent- got to be scratching their heads. They I reserve the balance of my time. hood of all wrongdoing and, instead, in- were told that, with a new Speaker, in Mr. TOM PRICE of Georgia. Mr. dicted their anti-choice accusers, even the new year, 2016, we would actually Speaker, I would simply say that what though Republicans’ taxpayer-funded begin to address the real challenges we are interested in is expanding Select Investigative Panel on Infant facing this country and do some seri- health care for the American people Lives, which they created nearly 4 ous work. that actually responds to their needs. months ago, hasn’t held a single meet- Yet, the very first action taken here I yield 1 minute to the gentleman ing. on this House floor in 2016 with the new from Tennessee (Mr. ROE), a fellow b 1300 Speaker was to again try to dismantle physician who is the chair of the the Affordable Care Act. And, yes, that Health, Employment, Labor, and Pen- Yet here we are on Groundhog Day, legislation went through the Senate sions Subcommittee of the Education no less, voting for the sixth time to and the House. It went to the Presi- and the Workforce Committee. prevent women from choosing their dent’s desk, and the President vetoed Mr. ROE of Tennessee. Mr. Speaker, I own healthcare provider. It might be it. rise today to encourage my colleagues funny if it weren’t so outrageous. Make no mistake. We will not over- to vote to override President Obama’s Women deserve better. They deserve turn the President’s veto today. This is veto of the Restoring Americans’ leaders who actually care about the a futile gesture. It is part of an obses- Healthcare Freedom Reconciliation facts. sion to try to undo affordable care for Act. Mr. Speaker, I urge my colleagues to 22 million Americans, and it is not I practiced medicine in rural Ten- vote ‘‘no’’ going to happen. nessee for over 30 years, where I didn’t Mr. TOM PRICE of Georgia. Mr. Now, what has happened since the just talk about health care; I actually Speaker, I yield 1 minute to the gen- last vote we had here to attack wom- provided it for patients. The problems tleman from California (Mr. MCCLIN- en’s health programs and defund that I saw in the system were a major TOCK), a fellow member of the Budget Planned Parenthood? reason why I ran for Congress. Committee. We have had a decision by a court in The premise of the Affordable Care Mr. MCCLINTOCK. Mr. Speaker, the Texas. Here were the headlines that Act was to increase access and decrease Congressional Budget Office just an- came out of that court decision: ‘‘Vin- costs. Everyone in this room agrees nounced for the first time in our his- dication for Planned Parenthood’’ and with that. Unfortunately, the Presi- tory that Federal healthcare payments ‘‘Texas grand jury clears Planned Par- dent’s healthcare proposal was a 2,500- now exceed Social Security benefits. enthood, indicts its accusers.’’ Not coincidentally, it also warned that I have to say, Mr. Speaker, our col- page bill that defined what kind of our deficit is again ballooning out of leagues have a lot of gall to bring this health insurance coverage you bought control. to the floor after that Texas court deci- and then fined you when you didn’t buy ObamaCare forced millions of Ameri- sion. it, even if you couldn’t afford it. You know, they went into that Texas Access might be up because Ameri- cans out of their low-cost catastrophic court decision, and the Harris County cans are forced to buy into the Presi- coverage and basic employee plans and District Attorney said at the outset of dent’s healthcare law, but so are costs. into Medicaid—the dysfunctional gov- their investigation into Planned Par- I hear from east Tennesseans almost ernment poverty program. The result enthood: We must go where the evi- every day who are worse off—not bet- is skyrocketing costs in that program dence leads us. ter off—under ObamaCare. in which surgical patients are 13 per- It began as an investigation into The President was wrong to veto this cent more likely to die than those with Planned Parenthood, just as we have legislation, just like he is wrong when no health insurance at all, according to had a series of witch-hunt investiga- he says Republicans have no ideas for a recent University of Virginia study. tions here in the House, where the healthcare reform. Mr. Obama promised, if we liked our chairman of the House Oversight and Republicans have many ideas and plans and our doctors, we could keep Government Reform Committee said have introduced numerous pieces of them, and that ObamaCare would save months ago that there was no evidence legislation to put patients and doctors an average family $2,500 a year. In fact, that Planned Parenthood had com- in charge of their healthcare decisions, millions lost their doctors and their mitted any wrongdoing. Now we have a not the government and not insurance plans while premiums have increased Texas court not only vindicating companies. an average of more than $3,500 per fam- Planned Parenthood, but indicting I know I have a comprehensive bill, ily. their accusers. and so does Dr. TOM PRICE of Georgia, This ain’t working, and it is time to Mr. Speaker, I tell you, this does as many of my colleagues do in the move on to something that does. take a lot of gall to come back here Doctors Caucus. It is time to repeal Mr. VAN HOLLEN. Mr. Speaker, I after that and go after women’s health this flawed law and give the American yield 1 minute to the gentleman from programs not for the first time, not for people the viable healthcare options Kentucky (Mr. YARMUTH), a distin- the second time. This is now the 11th they deserve. guished member of the Budget Com- time. I encourage my colleagues to support mittee. This will be the 11th time this House overriding this veto. Mr. YARMUTH. I thank the gen- has wasted taxpayer time and money Mr. VAN HOLLEN. Mr. Speaker, I tleman for yielding. trying to overturn women’s health pro- am pleased to yield 1 minute to the Mr. Speaker, this measure does abso- grams and the 63rd time it has wasted gentlewoman from Washington (Ms. lutely nothing for the American peo- taxpayer time and money trying to DELBENE), who is on the Republican ple. Meanwhile, we have a terribly strip away affordable health care to 22 committee designed to roll back pro- flawed campaign finance system, an million Americans by undoing the Af- tections to women’s health care. unfair justice system, and a broken im- fordable Care Act. Ms. DELBENE. Mr. Speaker, I rise in migration system. There are so many So, yes, this is a shamefully historic strong opposition to this frivolous and things we could be doing, rather than day. As I said, Mr. Speaker, I think it wasteful exercise, which will be our passing another messaging bill just to probably breaks all the records in sixth vote to defund the Nation’s lead- make the opponents of ObamaCare feel wasting taxpayer time and money ing provider of reproductive health good. where, in a really cruel way, if we actu- care. This won’t make the American peo- ally did overturn the President’s veto, That is right. House Republicans ple feel good. As a matter of fact, CBO 22 million Americans would be denied have now voted six times to defund an said that by repealing the Affordable access to health care. organization that 2.7 million Ameri- Care Act, we will not only add to the Mr. Speaker, I urge my colleagues to cans rely on, even though four different deficit, but we will have a demon- sustain the President’s veto. Don’t Congressional committees tried and strably unhealthier population.

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.012 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H443 We have to remember, this is not just So here we are—on only the 12th Virginia (Mr. SCOTT), the distinguished about the 22 million who will lose their business day of the session—facing the ranking member of the Education and insurance. This is about the tens of same Republican attacks on women’s the Workforce Committee. millions of people, hundreds of millions access to health care. Republicans have Mr. SCOTT of Virginia. I thank the of people who will lose the protections said this bill will show the American gentleman for yielding. that are part of this act: the ability to people the difference between the polit- Mr. Speaker, since the passage of the put their children on their policies ical parties in this election year. You Affordable Care Act in 2010, the House until they are 26 years old, an end to bet it will. The difference is clear. My of Representatives has attempted to lifetime caps, and an end to annual Republican colleagues remain willing dismantle the law 62 times. Today is caps. There are so many things that we to play partisan politics at the expense number 63, to repeal a major portion of would be damaging without an alter- of women’s health and access to afford- the Affordable Care Act. native if we pass this measure today. able, quality health care. Women of Mr. Speaker, since the Affordable Finally, the only reason that the Re- America are watching, and they don’t Care Act passed, people with pre- publicans are putting this up is because like what they see. existing conditions can now get health they know it can’t pass because, if it Never mind the fact that three House insurance. The cost of health insurance passes, it will wreak havoc on the committees have already investigated has been increasing at the lowest rate United States of America and the Planned Parenthood following the re- since they started keeping records American citizens, and it will do noth- lease of the selectively edited videos, about a half a century ago. Those ing to help them. There is no alter- and never mind that a grand jury in young people under 26 can stay on their native, and the Republicans know it. Harris County cleared Planned Parent- parents’ policies. Women are no longer Mr. TOM PRICE of Georgia. Mr. hood and, instead, indicted the two in- paying more for insurance than men. Speaker, I yield 1 minute to the gen- dividuals who made the doctored vid- We are closing the prescription drug tleman from the great State of Indiana eos. doughnut hole. While thousands of peo- ple were losing their insurance every (Mr. BUCSHON), a member of the Energy Facts matter. The truth matters. De- and Commerce Committee and a fellow spite my objection to the Select Inves- day when we passed the bill, more than physician. tigative Panel on Infant Lives, as its 17 million people have insurance today. If we vote ‘‘yes’’ on this motion, we Mr. BUCSHON. Mr. Speaker, I come ranking member, I will continue to will cancel all of that progress and at to the floor today in support of the Re- fight to protect women’s health. That the same time just add to the deficit. storing Americans’ Healthcare Free- is the promise of all Democrats. We Mr. Speaker, we should reject this mo- dom Reconciliation Act of 2015. will, once again, reject this legislation. tion, just as we have 62 previous times. Before I came to Congress, I spent This attempt to override is going no- Mr. TOM PRICE of Georgia. Mr. my career taking care of patients. As a where, and it shouldn’t. Speaker, I yield 1 minute to the gen- physician, I want every American to Mr. TOM PRICE of Georgia. Mr. tleman from Illinois (Mr. ROSKAM), the have access to quality, affordable care. Speaker, I yield 1 minute to the gen- chair of the Oversight Subcommittee The legislation before us today marks tleman from Alabama (Mr. PALMER), a of the Ways and Means Committee. the next step toward that goal. fellow member of the Budget Com- Mr. ROSKAM. Mr. Speaker, I just Last month, for the first time, we put mittee. want to recap quickly how we got here. a bill to dismantle ObamaCare on the Mr. PALMER. Mr. Speaker, I rise ObamaCare was passed on a partisan President’s desk. It is no surprise that today in support of the veto override. basis through the House and the Sen- he vetoed it. James Madison wrote in Federalist ate, signed into law, and then it went Now, with this veto override vote, we Paper 51: ‘‘It is of great importance in forward. It created a false premise, and are exercising our constitutional power a republic not only to guard the soci- the false promise that didn’t come to to the fullest extent and bypassing the ety against the oppression of its rulers fruition was that people were going to President to do what is right for our but to guard one part of the society be able to keep their physicians, that country. against the injustice of the other premiums were going to go down, and Mr. Speaker, I urge passage of this part.’’ it wasn’t going to add to the deficit. bill to show the American people that As expected, President Obama vetoed We all know now that was nonsense. the House of Representatives is doing a reconciliation bill that would repeal So what did the American public do? everything in our power to stop this the misnamed Affordable Care Act. They said, ‘‘We are going to change the disastrous law and replace it with a pa- This was within his constitutional au- House of Representatives.’’ So they tient-centered healthcare plan. thority. However, our Founders created elected a Republican majority in the Mr. VAN HOLLEN. Mr. Speaker, I a balance of powers within the three House to take out ObamaCare. What yield 2 minutes to the gentlewoman branches to prevent tyranny by one. did they do next when they found an from Illinois (Ms. SCHAKOWSKY), who is With two-thirds, we have the oppor- obstacle in the United States Senate? the ranking member of the Select In- tunity to override a veto that doesn’t They changed the disposition of the vestigative Panel on Infant Lives that correlate with the views of the Amer- United States Senate. Republicans set up to take away repro- ican public. We have the opportunity Now, there are some people that say ductive healthcare access from women. to listen to the American people and today, ‘‘Oh, this is a complete waste of Ms. SCHAKOWSKY. Mr. Speaker, put healthcare decisions back in their time.’’ No, it is not, Mr. Speaker. This how appropriate that the House Repub- hands. is not a waste of time. lican leadership decided to vote again With this override, we have the op- This is a demonstration to the Amer- on repealing the Affordable Care Act portunity to begin the process of real ican public that there is now one office and defunding Planned Parenthood on healthcare reform that provides the that stands between them and the re- Groundhog Day. In the movie Ground- American people with healthcare peal of ObamaCare. There is one office hog Day, Bill Murray’s character re- choices, choices they can afford, that stands between them and the con- lived the same day over and over again, choices that allow people to keep their tinued shameful subsidy of Planned and we are doing the same thing right doctors, choices that provide a safety Parenthood. We have got an oppor- here. net rather than a net that entraps peo- tunity to change that office in Novem- This is the 63rd vote to undermine or ple into a government program, and ber. repeal the Affordable Care Act. This is choices that allow people to keep their Mr. Speaker, I urge us to continue the 12th Republican attack on women’s jobs. that momentum and to vote with Mr. health in this Congress. While House Mr. Speaker, I urge my colleagues on TOM PRICE of Georgia on this bill. Republicans have already passed 11 both sides of the aisle to support this Mr. VAN HOLLEN. Mr. Speaker, I anti-women health measures and are veto override and put the power to leg- would remind my colleagues that the now voting on their 12th, they have not islate back in the hands of the legisla- nonpartisan Congressional Budget Of- passed one single measure that helps tors. fice said that if you actually override women get the health care that they Mr. VAN HOLLEN. Mr. Speaker, I this veto, 22 million Americans would need. yield 2 minutes to the gentleman from lose access to affordable health care.

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.014 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H444 CONGRESSIONAL RECORD — HOUSE February 2, 2016 Under the Affordable Care Act, the what the legislation that was vetoed is COLEMAN), a terrific member of the Se- number of uninsured Americans has about, it is about letting the American lect Investigative Panel on Infant dropped significantly. It is a sad day people actually determine their own Lives. that some people don’t see that as a healthcare destiny. It is about stopping Mrs. WATSON COLEMAN. Mr. good thing, just like the same people taxpayer money from going to abortion Speaker, I thank the gentleman for apparently want to deny women access providers like Planned Parenthood. yielding. to reproductive health care. What this bill does is something very Mr. Speaker, I had no idea that my Mr. Speaker, I yield 1 minute to the historic by gutting ObamaCare and re- colleagues on the other side of the aisle gentleman from New York (Mr. NAD- turning that power back to families. were such great fans of the movie LER), a member of the Judiciary Com- I see in my district, and my col- ‘‘Groundhog Day.’’ If I had a little mittee and the Select Investigative leagues share the same stories, all more time right now, I would give the Panel on Infant Lives. across the country, millions of Ameri- exact same speech I gave just 1 month Mr. NADLER. Mr. Speaker, last cans have lost the good health care ago, because nothing has changed. month I said that my Republican col- that they had. They were promised by The facts remain that Planned Par- leagues had declared their verdict this President ‘‘if you like what you enthood is a health organization serv- against Planned Parenthood without have, you can keep it.’’ Everybody ing 3 million Americans each year; ever holding a trial. Now it is even knows that that is a promise that was that one in five Americans will receive worse. A grand jury in Texas has not broken by this President in his own care from Planned Parenthood; that only refused to indict Planned Parent- healthcare law. We restore that ability despite arguments to the contrary, hood, but instead indicted two individ- back to the American people with this there are simply not enough health uals who made this series of blatantly bill. centers to fill the gap; that defunding manipulated, false videos on which the With this bill, we also say that abor- Planned Parenthood snatches care Republicans base their attack. tion providers like Planned Parenthood away from millions of families; and Despite this unequivocal finding by a should not be able to get taxpayer that today’s bill says to women once grand jury, not to mention by several money. We completely defund Planned again how and when they get health congressional committees that Parenthood in this bill. If this is some- care is not their choice. Planned Parenthood has violated no thing that is so vital, look at what the Like then, this has no chance of be- laws and done nothing wrong, the Re- bill does. It actually transfers the coming law; and, like then, I urge my publicans are forging ahead in this lu- money to federally approved health colleagues to abandon the merry-go- dicrous effort to cut off all Federal centers all across the country—many round of attacks on women and fami- funding. more, by the way, than Planned Par- lies. Enough attacks on health care, enthood facilities that exist. These are If we override this veto today, we enough attacks on women, and enough facilities that actually provide services will pass legislation that targets one attacks on families. organization and cuts it off from all for women that don’t include abortion. Mr. TOM PRICE of Georgia. Mr. So if you look at what this bill is Federal funding, including reimburse- Speaker, I yield 1 minute to the gen- doing, it shows very clearly to the ment for services provided, for no jus- tleman from Florida (Mr. BILIRAKIS). country what is at stake this Novem- tifiable legislative reason beyond pun- Mr. BILIRAKIS. Mr. Speaker, I ber. ishment for offering a constitutionally thank the chairman. We sent a bill to President Obama’s protected medical procedure. I rise today in support of a vote to desk that guts ObamaCare and that This is a clearly unconstitutional bill override the President’s veto of the Re- defunds Planned Parenthood, and he of attainder. The prohibition on bills of storing Americans’ Healthcare Free- vetoed it. We are going to have the attainder exist to ensure that Congress dom Reconciliation Act. override today. may not usurp the powers of the courts With his veto, the President sent by using legislation to punish an orga- b 1315 Congress and the American people a nization or individual that a majority If it is not successful in the vote disappointing—but unsurprising—mes- in Congress doesn’t like. The Constitu- today with a two-thirds vote, it makes sage. Protecting the rights of patients, tion is clear. Congress cannot be judge, clear what is at stake this November. families, the unborn, and American jury, and executioner. Just by changing the President, by taxpayers is clearly not a priority for The SPEAKER pro tempore. The having a President who shares our val- this administration. time of the gentleman has expired. ues, Mr. Speaker, who wants to gut It is, however, a priority for me and Mr. VAN HOLLEN. Mr. Speaker, I this law that is failing Americans, who for Congress. We worked to pass this yield the gentleman an additional 30 wants to defund Planned Parenthood, legislation with bicameral support. We seconds. by having a President with those val- worked to help reduce government Mr. NADLER. Mr. Speaker, it is not ues, we can accomplish those impor- spending and reduce the burdens of the our role to declare an organization tant objectives. President’s healthcare law on patients guilty and to impose a punishment. I urge everyone to vote ‘‘yes.’’ and families. We worked together to That is for a court. Not only is this bill Mr. VAN HOLLEN. Mr. Speaker, I prevent taxpayer dollars from funding an unconstitutional bill of attainder, it really urge my colleagues, Republicans organizations practicing, in my opin- is a travesty and is seeking to punish and Democrats alike, to read the letter ion, shameful and unethical activities. one of the best, most praiseworthy or- from the nonpartisan Congressional We must now work together to over- ganizations in the country, and punish Budget Office. This is the agency that ride the President’s veto and give the it for what? For enabling women to ex- we all turn to for unbiased, non- power of healthcare decisions back to ercise their constitutional rights. This partisan advice. On page 9, you will the people. is really not only an unconstitutional read that their estimate is that, by Mr. VAN HOLLEN. Mr. Speaker, it is act, but it is part of the war on women. overturning the President’s veto and hard to see how giving power to the Mr. TOM PRICE of Georgia. Mr. enacting the underlying bill, H.R. 3762, people is stripping 22 million Ameri- Speaker, I yield 2 minutes to the gen- we would increase the number of people cans of their affordable health care. tleman from Louisiana (Mr. SCALISE), without health insurance coverage by I yield 11⁄2 minutes to the gentle- the Republican majority whip. about 22 million people in most years woman from California (Ms. SPEIER), a Mr. SCALISE. I thank my colleague after 2017. member of the Select Investigative from Georgia for yielding, for his lead- When my colleagues say this is a his- Panel on Infant Lives. ership, and for bringing this important toric moment, it is true. Never before Ms. SPEIER. Mr. Speaker, I thank bill to the floor. would this Congress have voted on a the gentleman. Mr. Speaker, this is a historic day. veto override that would immediately Are we able to distinguish the plot of This is the first time that the House of deny access to affordable health care ‘‘Home Alone’’ from congressional pro- Representatives has had a vote to over- for 22 million people. ceedings? Today, I am not so sure. I ride President Obama’s veto. If you I yield 11⁄2 minutes to the gentle- find myself comparing the bumbling look at what the veto is about and woman from New Jersey (Mrs. WATSON criminals trying to break into a house

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.015 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H445 to the misleading criminals and bum- guished ranking member of the Ways posed Planned Parenthood advising un- bling legislators who seem to have bro- and Means Committee. dercover investigators how to procure ken this House. But while ‘‘Home (Mr. LEVIN asked and was given per- sex selection abortions for little girls. Alone’’ is a comedy, the consequences mission to revise and extend his re- Have we lost our capacity to be of today’s votes attacking women’s marks.) shocked? Can we not empathize with health and the health care of hard- Mr. LEVIN. Mr. Speaker, I thank the the child victim? working Americans is a tragedy. distinguished minority, the gentleman Support the override. In each case, we have people who do who has worked so hard on budgets, for Mr. VAN HOLLEN. Mr. Speaker, I the same thing over and over but only yielding. would encourage everybody to read the succeed in hurting themselves. In The majority whip referred to No- results of the Texas grand jury pro- Home Alone, the criminals are tricked vember. We are serving notice in this ceeding. Here are some headlines from with booby traps and misdirection; but discussion: We are proud to defend what happened: ‘‘Vindication for in real life, Republicans are stumbling healthcare reform and will do so be- Planned Parenthood,’’ and ‘‘Texas into their 63rd vote to undermine the tween now, as we did before, and No- Grand Jury Clears Planned Parent- Affordable Care Act and the 12th vote vember. hood, Indicts Its Accusers.’’ to attack women’s health by Since health care began, the unin- It is a charade that we are back on filmmakers who have been indicted for sured rate has declined from 20.3 to the floor after that grand jury decision. their illegal activities. 11.4, nearly 18 million people now cov- It is rare, my colleagues, to see a grand I am pleased to see that the Texas ered who were before uninsured. jury investigate one entity—in this grand jury exonerated Planned Parent- Now this has also happened: 137 mil- case, Planned Parenthood—and turn hood and indicted the real criminals— lion Americans have free preventive around and indict its accusers. Despite the video creators. If there were an services. that, we are back here in this evidence- Oscar for the most fraudulent film, the The ACA ends lifetime and annual free zone. so-called Center for American Progress limits on coverage for 105 million I yield 1 minute to gentlewoman would be thanking the Academy. Americans. from North Carolina (Ms. ADAMS), a I urge my Republican colleagues to Also what it does—let me just em- distinguished member of the Education kick these criminals out of our House, phasize this—129 million Americans and the Workforce Committee. disband the taxpayer funded Select In- with preexisting health conditions no Ms. ADAMS. Mr. Speaker, I thank vestigative Panel on Infant Lives, and longer have to worry about being de- the gentleman for yielding. get back to the business of governing. nied care. Today, we find ourselves rereading Mr. TOM PRICE of Georgia. Mr. I met, last weekend, a woman who the same chapter from a Republican Speaker, I yield 1 minute to the gentle- had breast cancer. She lost her job and extremist book that seems to have no woman from Tennessee (Mrs. BLACK), a lost health insurance. Because of end. Today’s vote represents the 63rd fellow healthcare professional and a healthcare reform, she received health time the GOP has tried to repeal or un- member of the Committee on the Budg- insurance. Her breast cancer came dermine the Affordable Care Act and et and the Committee on Ways and back. She looked at us and said to us the 12th time the GOP has voted to at- Means. squarely, one on one, each of us: ‘‘I tack women’s health care in the 114th Mrs. BLACK. Mr. Speaker, minority wouldn’t be here except for healthcare Congress alone. leader NANCY PELOSI famously called reform.’’ Partisan games and divisions are ObamaCare a jobs bill, yet the Congres- That is what this is all about. This transgressions on our communities. We sional Budget Office says it will cost veto will be sustained. It will be sus- must work together to seize the oppor- our economy the equivalent of 2 mil- tained because healthcare reform re- tunity that exists in our great Nation. lion jobs. The President himself prom- sponded to the needs of millions of We can’t do that by wasting time and ised that ObamaCare would save fami- Americans. We in the Democratic energy on radical agendas. lies an average of $2,500 in healthcare Party are proud of that and will, from Attacking Planned Parenthood is costs per year, yet the largest insurer now until November, say so with im- part of a ploy to roll back women’s in my State just upped premiums by 36 mense ardor. rights. No one should control a wom- percent. Mr. TOM PRICE of Georgia. Mr. an’s right to make decisions about her Mr. Speaker, this law was built on a Speaker, I yield 1 minute to the gen- own body. I won’t stop advocating for grand deception. Nearly 6 years later, tleman from New Jersey (Mr. SMITH), a women’s comprehensive health care or the lofty promises have faded, and pro-life champion in our Nation. a woman’s right to control her own what is left behind are real stories and Mr. SMITH of New Jersey. Mr. body. real people whose lives and livelihoods Speaker, I thank my good friend for This war on women must stop. are impacted by the government- yielding. Mr. TOM PRICE of Georgia. Mr. knows-best law they continue to reject. Mr. Speaker, in the age of ultrasound Speaker, I yield 1 minute to the gen- The President’s veto of our reconcili- imaging and benign life enhancing tleman from California (Mr. MCCAR- ation bill to repeal ObamaCare may be healthcare interventions for the baby THY), a champion of patient-centered what is in his best interest for his po- in the womb, how is it that Planned healthcare reform, the Republican litical legacy, but my constituents Parenthood first dehumanizes and then leader. have told me loud and clear it is not massively kills unborn children—more Mr. MCCARTHY. Mr. Speaker, I what is best for them. than 7 million since 1973—and then de- thank the gentleman for yielding, and Today, let’s call his bluff, and let’s mands that taxpayers subsidize the or- I thank the chairman for his work on override this veto. ganization to the tune of about $500 this issue. Mr. VAN HOLLEN. Mr. Speaker, million? Mr. Speaker, today the House is facts are stubborn things. Since the Af- Caught on numerous videos, Planned keeping its promise to the American fordable Care Act was passed, which Parenthood abortionists describe how people. We showed we can defund abor- our Republican colleagues said would they dig with knives and cut out the tion providers like Planned Parenthood be a jobs killer, we have actually seen inner organs of babies all while alter- and increase funding for thousands of millions and millions of jobs added in ing pain-filled dismemberment proce- women health centers across the coun- the economy, and the unemployment dures so as to preserve intact baby try, and we showed we can send a bill rate has come way down. The notion hearts, lungs, and livers for a price. repealing ObamaCare to the Presi- that the Affordable Care Act was going This isn’t the first time Planned Par- dent’s desk even when Democrats are to wreck the economy is just blatantly enthood has been caught red-handed. In trying to stop us. false for everybody to see. Just look at 2011, videos by Live Action exposed sev- Now, this is big. That means that the statistics around the country. eral Planned Parenthood clinics eager when a Republican President takes of- I yield 2 minutes to the gentleman to facilitate secret abortions for under- fice next year, we know we can get this from Michigan (Mr. LEVIN), someone cover pimps for child sex trafficking. passed. We don’t have to worry about who cares about the facts, the distin- In 2012, more videos by Live Action ex- the filibuster. We don’t have to worry

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.016 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H446 CONGRESSIONAL RECORD — HOUSE February 2, 2016 about a veto. With simple majorities coverage by 22 million people. That is port—federally qualified health cen- and the stroke of a pen, ObamaCare what our Republican colleagues are ters. These centers are focused on car- can be gone once and for all. talking about here. ing for the poorest in our communities, Democrats see that. They know that So, no, we don’t want to do that, and and they actually care for women’s ObamaCare, in particular, is hanging the President doesn’t want to do that, health. Unlike Planned Parenthood, by a thread. And do you know what? and that is not going to happen here they actually do mammograms. They are terrified. today, but it certainly does indicate A vote for this bill is a vote for the You are going to hear a lot of mock- the stakes in the 2016 elections, be- millions like Deborah Kennedy, Jen- ing on the other side of the aisle today. cause, on the one hand, you have a Re- nifer Hoy, and Michael Cain, who have Mr. Speaker, they are saying that Re- publican-controlled Congress that borne the consequences of an out-of- publicans are at it again trying to re- would, at the snap of a finger, like to control Federal Government. Vote to peal ObamaCare. They are trying to get rid of affordable health care for 22 override the President’s veto. make it seem like this vote doesn’t million people, and, apparently, it Mr. VAN HOLLEN. Mr. Speaker, I matter. wants to ignore the facts that we yield myself such time as I may con- They tried to stop us at first with ar- learned from the Texas grand jury that sume. guments and debate, but they have lost vindicated Planned Parenthood and I heard the word ‘‘bullying’’ used. It that debate. said that their accusers, instead, is ironic that that word would be used in a vote that would deny 22 million b 1330 should be indicted. I reserve the balance of my time. Americans access to affordable health The people aren’t happy with what Mr. TOM PRICE of Georgia. Mr. care. the Democrats sold them, as few are Speaker, I yield 2 minutes to the gen- Again, I want to underscore for our colleagues, some of whom may not enrolling, premiums are skyrocketing, tleman from Pennsylvania (Mr. PITTS), and deductibles are so high it can make the chair of the Health Subcommittee have read the Congressional Budget Of- insurance practically worthless. of the Committee on Energy and Com- fice’s report, that this comes from the nonpartisan entity that advises both So, the Democrats, they have given merce. up on debate. They have seen that they Mr. PITTS. I thank the chairman. parties in Congress. In fact, the head of have lost, and they have tried their Mr. Speaker, I rise today in support the Congressional Budget Office was next tactic. They have tried to tell us of the millions of families across the appointed by our Republican col- that there is nothing we can do, that country who have had their health in- leagues. It is they who are telling us ObamaCare is the law of the land, and surance disrupted by the President’s that, with this vote, 22 million Ameri- that we had better just give up. health law and in support of the mil- cans would be denied access to afford- But then they realized we didn’t give lions more Americans who don’t want able health care. That seems to qualify as bullying if anything does. up. Year after year, we listened to the the government giving their tax money Mr. Speaker, let’s review the situa- American people, and the people voted to abortion providers. tion with respect to Planned Parent- for Representatives to repeal Some 6 million households across the ObamaCare; and year after year, the hood. country have lost the health plans they This Republican-controlled House American people saw the healthcare liked or have lost their doctors even had its standing committees inves- promises that Democrats in Congress though President Obama promised 37 tigate Planned Parenthood, including and President Obama made were just different times that this would not the Committee on Oversight and Gov- exactly what they were—empty: you happen. Hundreds of my constituents ernment Reform. They had hearings, can keep your doctor; you can keep have contacted me to tell me about and they hauled up the head of Planned your plan; your premiums will drop. higher premiums, higher deductibles, Parenthood to some of these hearings. Nobody—not even the President—be- and coverage lost outright: At the end of those hearings, the Re- lieves that anymore. Michael Cain of Lancaster contacted publican chairman of that committee So we didn’t give up. We fought for me recently to tell me that his pre- concluded that Planned Parenthood the American people, and we put a bill miums have nearly doubled just in the had engaged in no wrongdoing. He said repealing this law on the President’s 2 years since the implementation of the that on national television. Despite desk. President’s health law; that finding, back in January, our Re- Now the Democrats have no more de- Jennifer Hoy of Ephrata wrote to me publican colleagues went ahead and fenses. Their law is failing. The people that her family lost three out of four of launched this attack on women’s repro- aren’t on their side. The end of her children’s doctors. Imagine the ductive health and defund Planned Par- ObamaCare is coming, and, in its place, stress of a mother in that situation; enthood. we can create something that delivers Deborah Kennedy of Columbia con- That was bad enough. so much more than just broken prom- tacted me to tell me that, in Novem- Since that time, we have had even ises. ber, she spent countless hours trying to more evidence. We have had the grand Mr. VAN HOLLEN. Mr. Speaker, I operate the broken healthcare.gov Web jury proceeding in Texas that exoner- yield myself such time as I may con- site. She lost her insurance and had to ated Planned Parenthood. They began sume. buy insurance nearly 50 percent more the investigation against Planned Par- The Republican leader said we don’t expensive while she lives on a fixed in- enthood, and they said they would go have to worry about the veto. The re- come. where the evidence led them. At the ality is the President’s veto will be sus- These are hardworking Pennsylvania end of that evidence-seeking effort, tained today. Apparently, our Repub- families who have done nothing wrong they exonerated and vindicated lican colleagues are not worried about but who have been victimized by the Planned Parenthood and called for the the 22 million Americans who will lose arrogance of a Federal Government indictment of the people who had access to affordable health care. I don’t that thinks it knows better than the wrongly accused them. That was the know what the Republican leader’s def- people and that tries to bully hard- result. inition of ‘‘mockery’’ is, but if anybody working American families. Yet here we are on this House floor is mocking the Republican bill here, it The legislation we are considering today as if nothing had happened—ig- is the nonpartisan Congressional Budg- today saves taxpayers money and noring the evidence that the grand jury et Office, which wrote to each and treats them with respect. Mr. Speaker, heard and continuing on this witch every Member of Congress that, if you 84 percent of this country supports re- hunt of the special committee’s against actually overrode the President’s veto strictions on abortions. However, this Planned Parenthood. and enacted this legislation—and I am administration is giving their tax dol- So, yes, maybe this day is making sorry to repeat it again, but it is here lars to organizations that kill innocent history. It is probably one of the sad- in black and white from the non- babies. Today’s legislation channels dest examples of a Congress run partisan Congressional Budget Office— taxpayer money away from organiza- amuck, when, for the 62nd or 63rd time you would increase the number of peo- tions that provide abortion and toward now, we are trying to repeal the Af- ple who are without health insurance something that all Americans can sup- fordable Care Act—ObamaCare—and,

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.017 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H447 for the 12th time, trying to launch this conditions. Young people—younger b 1345 attack on women’s reproductive health than 26—were being dropped from Mr. VAN HOLLEN. Mr. Speaker, I and on Planned Parenthood despite all health insurance plans. yield myself such time as I may con- of the intervening and previously exist- All of that now is being corrected. sume. ing evidence. Not that this is a perfect response to Not having access to any affordable I reserve the balance of my time. the complexity of the healthcare sys- health care certainly doesn’t meet any- Mr. TOM PRICE of Georgia. Mr. tem, but there is a lot of good that is one’s definition of patient-centered Speaker, one of the saddest days that being done, including in two areas. One healthcare. the American people remember on the is delivery system reform so that we Our Republican colleagues, when floor of this House was a day in March move to a more integrated, coordi- they first launched the attacks on the of 2010. It was when this House voted in nated, patient-centered healthcare de- Affordable Care Act and ObamaCare, a hyperpartisan way to pass a livery system based on models that do said: We are going to repeal this, and healthcare bill that took away patient- work. Secondly, and perhaps most im- we are going to replace it. centered health care and put Wash- portantly, we are changing, under the Well, we have voted, as of today, 63 ington in charge of health care across Affordable Care Act, how we pay for times to dismantle it. How many times this country. health care so that it is based on the have we voted to replace it? Zero. Zero I now yield 1 minute to the gen- quality or on the outcome or on the times to replace it. tleman from Pennsylvania (Mr. value of care that is given and no My colleague, Mr. KIND from Wis- ROTHFUS). longer on the numbers of procedures consin, raised an important point. The way our healthcare insurance system Mr. ROTHFUS. Mr. Speaker, millions and how much is done to us rather than was working back in the early 2000s, of Americans have endured sky- how well it’s done. rocketing premiums, higher millions of Americans were denied ac- We are demanding better quality at a deductibles, limited networks, failing cess to health care because of a pre- better price, and the numbers are co-ops, and dropped coverage because existing condition, because their kid showing that we are heading in this di- of the Affordable Care Act, like the had diabetes or asthma. Premiums rection. I say we stay the course in mom in my district who now has to were going through the roof and sky- continuing to benefit by extending af- pay $400 for her son’s lifesaving peanut rocketing. fordable healthcare coverage to more allergy medication when it used to cost The Affordable Care Act has now pro- Americans and in finally getting a grip her $10 under the plan that the Presi- vided affordable health care to millions on these rising healthcare costs. I en- dent promised she could keep. more Americans and, as we have heard While some have gained coverage courage my colleagues to vote ‘‘no’’ on from the nonpartisan Congressional under this failing law, it has been at this veto override. Budget Office, passing this bill would the expense of far too many others. Mr. TOM PRICE of Georgia. Mr. actually take it away for 22 million Just last Monday, the Congressional Speaker, I yield 1 minute to the gen- Americans. Budget Office announced that 40 per- tleman from New Hampshire (Mr. Despite all that, despite the 63rd at- cent fewer Americans signed up for GUINTA), a champion of patient-cen- tempt to get rid of it and deny that ac- health coverage this year than was pre- tered health care. cess to health care, not once have we dicted. In fact, many Americans are Mr. GUINTA. I thank the chairman. heard the replaced part of that Repub- choosing to pay a penalty instead of lican agenda. Mr. Speaker, I rise in support of H.R. So, Mr. Speaker, it is a sad day when signing up for the so-called affordable 3762 and in support of overriding the you want to take away access to af- healthcare coverage mandated by this President’s veto of this very important fordable health care from 22 million law. We need to empower all patients bill. Americans and don’t have a single al- with more choice while offering solu- The Restoring Americans’ Healthcare ternative to put on the floor of this tions for the uninsured and those with Freedom Reconciliation Act repeals House. preexisting conditions. some of the most egregious and harm- I reserve the balance of my time. Mr. Speaker, if we vote to override, ful aspects of ObamaCare: the indi- Mr. TOM PRICE of Georgia. Mr. contrary to what has been suggested, vidual mandate, the employer man- Speaker, I yield 2 minutes to the gen- the insurance doesn’t end tomorrow. date, the medical device tax, and espe- tleman from Texas (Mr. BRADY), the We have provisions in this legislation cially the Cadillac tax—a 40 percent ex- chair of the Ways and Means Com- that would extend credits through the cise tax on certain employer health mittee, a gentleman who has dedicated end of 2017, giving us the opportunity benefits. so much time and effort to responsible, to do proper healthcare reform that In the coming years, the Cadillac tax appropriate health care for the Amer- does empower patients and not bureau- will be responsible for employees from ican people. crats here in Washington, D.C. local governments, small businesses Mr. BRADY of Texas. Mr. Speaker, I Mr. VAN HOLLEN. Mr. Speaker, I and large, nonprofits, and colleges-uni- thank Chairman PRICE for his leader- yield 11⁄2 minutes to the gentleman versities losing their access to high- ship during this historic effort to dis- from Wisconsin (Mr. KIND), a distin- quality, affordable health care. This is mantle the President’s burdensome guished member of the Ways and unacceptable for my home State of healthcare law and stand for the rights Means Committee. New Hampshire—people who want pa- of the unborn. I am pleased to support Mr. KIND. I thank my friend for this veto override. It couldn’t come at yielding me this time. tient-centered health care and options for themselves, their families, not a more critical time in our history. Mr. Speaker, I rise in opposition to The rights of the innocent unborn is higher premiums, higher deductibles, this veto override. the great human rights issue of our and fewer doctors. Listen, I understand people’s objec- time. This President has chosen to tions and concerns about the That is why it is so important to stand on the wrong side of history. By healthcare reform that we have em- override this veto today. The House vetoing this bill, he continues to funnel barked upon as a nation, but, clearly, and Senate have worked hard in giving taxpayer dollars to subsidize the grue- now is not the time to take us back to American families and small-business some practices at Planned Parenthood. the status quo, which was going to owners better care, better options, and This country has lost 58 million chil- leave us in a very bad place in this Na- greater affordability. We need to con- dren to abortion since 1973. That means tion. tinue that approach and ensure that there are more American deaths from Before the Affordable Care Act was patient-centered health care is at the this practice each year that are nearly passed, the numbers of uninsured were center of what America stands for. equal to all of the American casualties going up. The expense for individuals As a new member of the Budget Com- from all our wars combined. This gov- and businesses was going up. mittee, I thank my chairman for giving ernment-financed war on the innocent Healthcare costs, budgetwise, were me the opportunity to speak today, unborn has to stop. going up. Too many people were being and I look forward to working with my This House has already spoken. denied coverage based on preexisting colleagues to support this legislation. Whether you are pro-life or pro-choice,

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.019 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H448 CONGRESSIONAL RECORD — HOUSE February 2, 2016 we have always agreed you don’t use 12th District of Georgia about the bur- in 2015, the Federal Government is still taxpayer dollars for the controversial dens of ObamaCare and that Planned funding Planned Parenthood. practice of abortion. Parenthood should not receive one Margaret Sanger, the founder of It is up to us to continue to stand dime of their hard-earned tax money. Planned Parenthood, once wrote: ‘‘We with those we represent who don’t be- I have heard from a family of five don’t want the word to get out that we lieve their dollars should go to this. We whose previous healthcare policy was want to exterminate the Negro popu- are going to stand with our constitu- terminated and buying a new plan lation, and the minister is the man ents against this terrible healthcare means their premiums will go from $700 who can straighten out that idea if it law because they have been hurt by to over $1,000. Those seeking treatment ever occurs to any of their more rebel- higher prices, fewer doctors, and less could not even pay their deductible. lious members.’’ affordable medicine. Frankly, this A small-business owner’s premiums You can see that is a little bit out of healthcare law has hurt too many more than doubled and benefits have context, but there is no doubt that Americans. been reduced. An individual projects 16 Margaret Sanger is connected with We know now the path to repeal. We percent of his income will go toward some of the ugliest periods in our coun- know how to remove the law’s man- health care this year alone. try’s history involving racism or eu- dates, tax hikes, and slush funds. Now This law is killing the economy. This genics. we just need a new President. law is crushing. Even worse, it is Her endorsements of promiscuity and Mr. VAN HOLLEN. Mr. Speaker, I crushing Americans and American fam- opposition to Christian teachings and yield 1 minute to the gentleman from ilies and their ability to earn a good sexual conduct are well known. To this Pennsylvania (Mr. CARTWRIGHT). living. day, Planned Parenthood counsels mi- Mr. CARTWRIGHT. Mr. Speaker, I Is the sake of a political legacy nors without parental consent. am embarking on completing my worth all of this? I think not. After 6 If you really want to strike a blow fourth year here in the United States years of failed policy, Americans de- for equality and strike a blow for not House of Representatives. Four years serve better. offending people, we should stop spend- ago I ran for the Congress, in part, to That is why I am proud to cast my ing the hundreds of millions of dollars we do every year on Planned Parent- support the Affordable Care Act. vote to override the President’s veto of There is a group of beneficiaries of the Restoring Americans’ Healthcare hood. Mr. VAN HOLLEN. Mr. Speaker, I the ACA that is often not discussed, Freedom Reconciliation Act. It is time yield 1 minute to the gentlewoman and it is hospitals. I come from a part to move forward in finding a cost-effec- from Texas (Ms. JACKSON LEE), a dis- of northeastern Pennsylvania where tive and patient-centered plan for our tinguished member of the Committee the hospitals bore the brunt—and this citizens. on the Judiciary who is focused on an Mr. VAN HOLLEN. Mr. Speaker, I is true all over America—bore the evidence-based approach to all of these brunt of having to treat uninsured pa- yield myself such time as I may con- issues. tients. People would show up on the sume. Ms. JACKSON LEE. Mr. Speaker, I doorsteps of the hospital and have to We have heard a lot of talk about thank the distinguished gentleman be treated. Well, the hospital has to ab- premiums going up. The dirty little se- from Maryland. I do want to say to the sorb that when they treat uninsured cret, which every Member of this House gentleman that, as you well know, the patients. knows or should know, is that pre- Judiciary Committee, in many machi- So what we saw over and over in my miums have been going up consistently nations over the years, has looked at district in northeastern Pennsylvania for a very long period of time. The this question of choice and the con- was hospitals were closing. I know issue is: How fast do they go up? stitutional right that comes from Roe why. I sat on the board of directors of If you look at this chart, you will v. Wade. Unfortunately, our voices— a small hospital. find that, for employer-sponsored in- those of us who are there who argue When you absorb it and you absorb it surance, which is what most Americans the constitutional premise—have not and you absorb the uninsured care year are on, premium increases were huge been heard after year, eventually they start cut- between 2000 and 2010, before the pas- Let me stand in opposition to, again, ting back on nurses, start cutting back sage of the Affordable Care Act, 9.5 per- a Groundhog Day announcement, on essential services. Finally, there is cent. After the passage of the Afford- which is again trying to repeal the Af- nothing left to cut and they close the able Care Act, those premium increases fordable Care Act. The good news is hospital. have dropped substantially, 4.8, now that this is my daughter’s birthday. So That is a terrible detriment to your 2.7. I can celebrate February 2nd in a good health care when your hospital is no When Members of Congress get up way. longer 10 minutes away and it is 40 here and talk about premiums going This approach to again try to take minutes away. That can be the dif- up, ask yourself the question: How fast away from the millions of people in ference between life and death. That is are they going up? Because before the Texas who are uninsured the right to why the Affordable Care Act is some- Affordable Care Act passed, it was be insured, to have insurance with pre- thing that I supported. We should not through the roof, and they have dra- existing conditions, and this horrible dismantle it. matically slowed. provision to defund Planned Parent- I urge Members to vote against this I said our Republican colleagues did hood, which is a health prospect and a bill. the repeal part, but not the replace health project that gives good health Mr. TOM PRICE of Georgia. Mr. part. So they want to take out the part care to women, is absurd. Speaker, I yield 1 minute to the gen- that has slowed down the premiums Let me also say, Mr. Speaker, that tleman from Georgia (Mr. ALLEN), who and go back to the day when you had we face some troubling times when serves on the Education and the Work- skyrocketing premium increases. people are unemployed, and Planned force Committee. So we need to talk in a fact-based Parenthood has provided resources to Mr. ALLEN. Mr. Chairman, since conversation here on the floor of the those vulnerable women. I can’t under- ObamaCare was forced onto the Amer- House of Representatives. stand why this bill continues to come ican people 6 long years ago, Ameri- I reserve the balance of my time. up. cans have seen their premiums sky- Mr. TOM PRICE of Georgia. Mr. I am glad to stand in opposition to rocket and access to providers dwindle. Speaker, I yield 1 minute to the gen- support Planned Parenthood and its In fact, Chairman PRICE and I were in tleman from Wisconsin (Mr. funding and to recognize that the Con- my district talking to a number of phy- GROTHMAN), a fellow member of the stitution does protect choice. We do sicians at the emergency room. They Committee on the Budget. need to provide health care. said: Not a thing has changed, but we Mr. GROTHMAN. Mr. Speaker, in an Mr. TOM PRICE of Georgia. Mr. are still taking care of the people just era where people are so easily offended, Speaker, I yield myself such time as I like we did before this terrible bill. where nativity scenes are shut down, may consume. Ever since I came to Congress, I have where racism is claimed at the tiniest I think this is the chart that gets to consistently heard from folks in the of circumstances, it is surprising that, the issue that is before us today the

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.021 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H449 most, and that is what is our responsi- It is a waste of time. Here we are for seriously. When the President is stand- bility to our constituents. the 63rd time trying to get rid of the ing in the way of the desires and the As I mentioned earlier, when this bill Affordable Care Act. It is not going to wishes of the American people as it re- passed on the floor of the House in happen. The President vetoed the bill. lates to something as personal as March of 2010 in a hyperpartisan vote, We will sustain the veto. health care, our responsibility is to the American people opposed it. To add insult to injury, our Repub- stand up for the American people, and The fact of the matter is the Amer- lican colleagues now want to ignore all that is precisely what we are doing ican people oppose it by greater num- the facts about the grand jury inves- today. bers now than they did back then. It is tigation into Planned Parenthood, As it relates to women’s health care, because they have seen its implemen- which vindicated Planned Parenthood our bill actually would increase spend- tation. and concluded instead that they should ing—increase spending—on women’s They know that their premiums have indict Planned Parenthood’s accusers. health care across this great land and gone up. They know that their Mr. Speaker, we will sustain the allow greater opportunity for access to healthcare costs more. They know that President’s veto. We will protect community health centers by women they can’t see the doctor that they health insurance for 22 million Ameri- to receive the kind of health care that want to see. They know that they can’t cans, and we will protect women’s ac- they need. go to the hospital or the clinic that cess to reproductive care. Our friends on the other side talk they want to go to. They know that the Let’s sustain the President’s veto. about premiums going up only a little quality of their health care is actually Let’s get on with doing the people’s bit more than they had been in the decreasing if they talk to their doctor, business here. past. Mr. Speaker, what that ignores is and they know that their choices have that the President of the United States been harmed in so many ways. b 1400 promised—promised—the American So this is a little chart here that Mr. TOM PRICE of Georgia. Mr. people that premiums would go down demonstrates that 52 percent, accord- Speaker, I yield myself such time as I on average $2500 for a family of four. In ing to Gallup in November of last year, may consume. oppose this bill. According to Fox, in I think it is important to appreciate fact, what they have done is gone up by August of last year, 54 percent opposed the numbers of individuals who are nearly $3,000 for a family of four. this bill. According to Quinnipiac, in supporting our work on this issue, the Mr. Speaker, that is not comparing it July of last year, 52 percent opposed folks who support repealing this legis- to anything else. That is comparing it this bill. Those numbers only increase. lation: Associated Builders and Con- to what the President promised the Our responsibility, as Representa- tractors, Christian Coalition of Amer- American people, and the American tives of the people, is to represent ica, Concerned Women of America, the people expect their Representatives them. That is what we are doing today. Family Research Council, and the President to keep their prom- The President is standing in the way of FreedomWorks, National Right to Life, ises. the people’s wishes on this piece of leg- American Center for Law and Justice, Deductibles have gone up incredibly. islation. The President is standing in American Commitment, American Our friends on the other side don’t talk the way of patient-centered health Conservative Union, American Prin- about that because what that means is care. ciples Project, Americans for Pros- that folks have health coverage out It is our job and our responsibility to perity, Americans for Tax Reform, there, but they don’t have health care. stand up for the American people and Americans United for Life, Conserv- If you are a family of four, if you are the will of the American people. We ative Women for America, Focus on the an individual out there making $40,000, will vote today to override this veto. I Family, Heritage Action for America, $50,000, $60,000 a year, and your deduct- urge my colleagues to join in that ac- Independent Women’s Voice, Liberty ible is $10,000 a year or $12,000 a year, tivity. Counsel Action, March for Life, the Na- which is not unusual given this law, I reserve the balance of my time. tional Center for Policy Analysis, Na- Mr. Speaker, you may have health cov- Mr. VAN HOLLEN. Mr. Speaker, is tional Institute of Family and Life Ad- erage, but you don’t have any health the gentleman prepared to close? vocates, National Taxpayers Union, care. Mr. TOM PRICE of Georgia. Mr. Population Research Institute, Priests As a formerly practicing physician, I Speaker, may I ask how much time re- for Life, Students for Life, Susan B. can tell you I hear from my colleagues mains on each side? Anthony, The Justice Foundation, Tra- all the time about folks across this The SPEAKER pro tempore (Mr. COS- dition, Family, Property, Incorporated, land who are making decisions, finan- TELLO of Pennsylvania). The gentleman cial decisions because of this law, de- from Maryland has 1 minute remain- and Traditional Values Coalition. Mr. Speaker, the majority of the American nying themselves and their family the ing. The gentleman from Georgia has ability to care for themselves and their 3 people oppose the law in place. 5 ⁄4 minutes remaining. family because of this law. Mr. TOM PRICE of Georgia. Mr. As I close, the remarks that we make Speaker, I share with my colleague today, this is the time to try to set the Mr. Speaker, the fact of the matter that, unless the Speaker shows up, I record straight. We have heard from is, we believe that the principles of am prepared to close. our friends on the other side what the health care that we all hold dear ought Mr. VAN HOLLEN. Mr. Speaker, I Congressional Budget Office says. I will to be adhered to. We believe in a sys- yield myself such time as I may con- tell you what the Congressional Budget tem that ought to be accessible for sume. Office says about jobs. It says that this folks—everybody. We believe in a sys- What the chairman of the Budget law will decrease the equivalent of over tem that ought to be affordable for ev- Committee said about the Affordable 2 million jobs in this Nation. Over 2 erybody, that is of the highest quality, Care Act omitted the fact that a ma- million jobs in this Nation lost because and that expands choices for the Amer- jority of Americans do not want to re- of this law. ican people. The American people peal and dismantle the Affordable Care Our friends talk about the CBO say- ought to be the ones who are deciding Act. ing that 22 million individuals are who is taking care of them when and We would be happy to work with our going to lose their insurance. That is where and the like. colleagues in smoothing out some of because CBO scores things in a way Mr. Speaker, the fact of the matter is the edges, but our Republican col- that doesn’t recognize the other action that this law violates every one of leagues are only determined to take it that will occur, which is why we have those principles. Accessibility is going down entirely without a replacement. in this bill a transition period to phase down across this great land. Afford- In fact, when you ask the American in to patient-centered health care; ability is going down. Costs are going public: ‘‘What one word describes how again, health care where patients and up. Quality is decreasing. All you have you feel about the ongoing political de- families and doctors are making deci- to do is talk to the men and women bate about the Affordable Care Act?’’ sions, not Washington, D.C. who are charged with caring for the they respond: ‘‘ridiculous,’’ ‘‘waste of We have a government of, by, and for American people. Choices have been de- time.’’ the people, and we take that very, very stroyed in our health care system.

VerDate Sep 11 2014 01:38 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.022 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H450 CONGRESSIONAL RECORD — HOUSE February 2, 2016 The principles that the American PROVIDING FOR CONSIDERATION Smith (TX) Valadao Williams people hold dear, regardless of their po- OF H.R. 3700, HOUSING OPPOR- Stefanik Wagner Wilson (SC) Stewart Walberg Wittman litical stripe, have been violated by TUNITY THROUGH MODERNIZA- Stivers Walden Womack this law. That is why we are standing TION ACT OF 2015 Stutzman Walker Woodall here today, standing up and rep- Thompson (PA) Walorski Yoder The SPEAKER pro tempore. The un- Thornberry Walters, Mimi Yoho resenting the American people, stand- finished business is the vote on order- ing up on behalf of the American peo- Tiberi Weber (TX) Young (AK) ing the previous question on the reso- Tipton Webster (FL) Young (IA) ple and demonstrating once again that lution (H. Res. 594) providing for con- Trott Wenstrup Young (IN) the only thing that stands in the way sideration of the bill (H.R. 3700) to pro- Turner Westerman Zeldin Upton Whitfield Zinke of what the American people want and vide housing opportunities in the what is occurring right now is that the United States through modernization NAYS—178 President of the United States re- of various housing programs, and for fuses—refuses—to follow the will of the Adams Fudge Norcross other purposes, on which the yeas and Aguilar Gabbard people. O’Rourke nays were ordered. Ashford Gallego Pallone I urge a vote in favor of this veto The Clerk read the title of the resolu- Bass Garamendi Pascrell override. We can get on then with the Beatty Graham Payne tion. hard work of making certain that we Becerra Grayson Pelosi Bera Green, Al move in the direction of patient-cen- The SPEAKER pro tempore. The Perlmutter question is on ordering the previous Beyer Green, Gene Peters tered health care where patients and Bishop (GA) Gutie´rrez question. Pingree families and doctors are making med- Blumenauer Hahn Pocan ical decisions and not Washington, D.C. The vote was taken by electronic de- Bonamici Hastings Polis Boyle, Brendan Heck (WA) Mr. POE of Texas. Mr. Speaker, the Amer- vice, and there were—yeas 236, nays Price (NC) 178, not voting 19, as follows: F. Higgins Quigley ican People have spoken and they do not Brady (PA) Himes Rangel want Obama’s high-cost, job-killing, con- [Roll No. 48] Brown (FL) Hinojosa Rice (NY) Brownley (CA) Honda science-violating healthcare law. YEAS—236 Richmond Bustos Hoyer Roybal-Allard But the President refuses to listen. He ve- Abraham Foxx McHenry Capps Israel Ruiz toed Obamacare Reconciliation passed by Aderholt Frelinghuysen McKinley Capuano Jackson Lee Ruppersberger Allen Garrett McMorris Ca´ rdenas Jeffries both the House and Senate to dismantle Rush Amash Gibbs Rodgers Carney Johnson (GA) Obamacare. Ryan (OH) Amodei Gibson McSally Carson (IN) Johnson, E. B. Sa´ nchez, Linda Americans have lost their insurance plans Babin Gohmert Meadows Cartwright Kaptur and their doctors. Their insurance premiums Barletta Goodlatte Meehan Castor (FL) Keating T. have skyrocketed and some have even lost Barr Gosar Messer Chu, Judy Kelly (IL) Sanchez, Loretta Barton Granger Mica Sarbanes their jobs because of Obamacare. Yet the Ad- Cicilline Kennedy Benishek Graves (GA) Miller (FL) Clark (MA) Kildee Schakowsky ministration just sits by and watches while the Bilirakis Graves (LA) Miller (MI) Clarke (NY) Kilmer Schiff American people suffer. Bishop (MI) Graves (MO) Moolenaar Clay Kind Schrader Today, the House continues to stand up for Bishop (UT) Griffith Mooney (WV) Cleaver Kirkpatrick Scott (VA) Black Grothman Mullin Clyburn Kuster Scott, David the people with this veto override. We will con- Blackburn Guinta Mulvaney Cohen Langevin Serrano Blum Guthrie Murphy (PA) tinue to fight for our constituents to defeat Connolly Larsen (WA) Sewell (AL) Bost Hanna Neugebauer Obamacare and defund Planned Parenthood. Conyers Lawrence Sherman Boustany Hardy Newhouse Cooper Lee Sinema I urge a ‘‘yes’’ vote on this important meas- Brady (TX) Harper Noem Costa Levin Sires ure to show the President and the America Brat Harris Nugent Courtney Lewis Slaughter people that we will not stop until Obamacare Bridenstine Hartzler Nunes Brooks (AL) Heck (NV) Olson Crowley Lieu, Ted Speier is defeated. Buchanan Hensarling Palazzo Cuellar Lipinski Swalwell (CA) And that’s just the way it is. Buck Herrera Beutler Palmer Cummings Loebsack Takai Mr. TOM PRICE of Georgia. Mr. Bucshon Hill Paulsen Davis (CA) Lofgren Takano Davis, Danny Lowenthal Speaker, I yield back the balance of Burgess Holding Pearce Thompson (CA) Byrne Hudson Perry DeFazio Lowey Thompson (MS) my time, and I move the previous ques- Calvert Huelskamp Peterson DeGette Luja´ n, Ben Ray Titus tion. Carter (GA) Huizenga (MI) Pittenger Delaney (NM) Tonko The previous question was ordered. Carter (TX) Hultgren Pitts DeLauro Lynch Torres DelBene Maloney, The SPEAKER pro tempore. The Chabot Hunter Poe (TX) Tsongas Chaffetz Hurd (TX) Poliquin DeSaulnier Carolyn Van Hollen Deutch Matsui question is, Will the House, on recon- Clawson (FL) Hurt (VA) Posey Vargas Dingell McCollum sideration, pass the bill, the objections Coffman Jenkins (KS) Price, Tom Veasey Doggett McDermott Cole Jenkins (WV) Ratcliffe Vela of the President to the contrary not- Doyle, Michael McGovern Collins (GA) Johnson (OH) Reed Vela´ zquez withstanding? Collins (NY) Johnson, Sam Reichert F. McNerney Visclosky Under the Constitution, the vote Comstock Jolly Renacci Duckworth Meeks Walz must be by the yeas and nays. Conaway Jones Ribble Edwards Meng Cook Joyce Rice (SC) Ellison Moore Wasserman Pursuant to clause 8 of rule XX, fur- Costello (PA) Katko Rigell Engel Moulton Schultz ther proceedings on this question will Cramer Kelly (MS) Roby Eshoo Murphy (FL) Waters, Maxine be postponed. Crawford Kelly (PA) Roe (TN) Esty Nadler Watson Coleman Crenshaw King (IA) Rogers (AL) Farr Napolitano Welch f Culberson King (NY) Rogers (KY) Foster Neal Wilson (FL) Curbelo (FL) Kinzinger (IL) Rohrabacher Frankel (FL) Nolan Yarmuth ANNOUNCEMENT BY THE SPEAKER Davis, Rodney Kline Rokita Denham Knight Rooney (FL) NOT VOTING—19 PRO TEMPORE Dent Labrador Ros-Lehtinen The SPEAKER pro tempore. Pursu- DeSantis LaHood Roskam Brooks (IN) Hice, Jody B. Maloney, Sean DesJarlais LaMalfa Ross Butterfield Huffman Massie ant to clause 8 of rule XX, proceedings Diaz-Balart Lamborn Rothfus Castro (TX) Issa Pompeo will resume on questions previously Dold Lance Rouzer Fattah Jordan Scott, Austin postponed. Donovan Latta Royce Franks (AZ) Larson (CT) Smith (WA) Gowdy Lujan Grisham Votes will be taken in the following Duffy LoBiondo Russell Westmoreland Duncan (SC) Long Salmon Grijalva (NM) order: Duncan (TN) Loudermilk Sanford Ordering the previous question on Ellmers (NC) Love Scalise b 1426 House Resolution 594; and Emmer (MN) Lucas Schweikert Farenthold Luetkemeyer Sensenbrenner Adopting House Resolution 594, if or- Fincher Lummis Sessions Ms. TITUS changed her vote from dered. Fitzpatrick MacArthur Shimkus ‘‘yea’’ to ‘‘nay.’’ The first electronic vote will be con- Fleischmann Marchant Shuster So the previous question was ordered. ducted as a 15-minute vote. Any re- Fleming Marino Simpson Flores McCarthy Smith (MO) maining electronic vote will be con- Forbes McCaul Smith (NE) The result of the vote was announced ducted as a 5-minute vote. Fortenberry McClintock Smith (NJ) as above recorded.

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.023 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H451 The SPEAKER pro tempore (Mr. COS- Wenstrup Wittman Young (AK) providing for consideration of H.R. 3700— Westerman Womack Young (IA) TELLO of Pennsylvania). The question Whitfield Woodall Young (IN) Housing Opportunity Through Modernization is on the resolution. Williams Yoder Zeldin Act of 2015. I am not recorded because I was The question was taken; and the Wilson (SC) Yoho Zinke absent due to awaiting the impending birth of Speaker pro tempore announced that NOES—177 my son in San Antonio, Texas. Had I been the ayes appeared to have it. Adams Gallego Neal present I would have voted NAY. RECORDED VOTE Aguilar Garamendi Nolan f Bass Graham Norcross Mr. HASTINGS. Mr. Speaker, I de- Beatty Grayson O’Rourke HOUSING OPPORTUNITY THROUGH mand a recorded vote. Becerra Green, Al Pallone MODERNIZATION ACT OF 2015 Bera Green, Gene Pascrell A recorded vote was ordered. Beyer Grijalva Payne GENERAL LEAVE The SPEAKER pro tempore. This is a Bishop (GA) Gutie´rrez Pelosi Mr. HENSARLING. Mr. Speaker, I 5-minute vote. Blumenauer Hahn Perlmutter ask unanimous consent that all Mem- Bonamici Hastings Peters The vote was taken by electronic de- Boyle, Brendan Heck (WA) Peterson bers may have 5 legislative days in vice, and there were—ayes 242, noes 177, F. Higgins Pingree which to revise and extend their re- not voting 14, as follows: Brady (PA) Himes Pocan marks and submit extraneous mate- Brown (FL) Hinojosa Polis [Roll No. 49] Brownley (CA) Honda Price (NC) rials on the bill, H.R. 3700, to provide AYES—242 Bustos Hoyer Quigley housing opportunities in the United Capps Huffman Rangel States through modernization of var- Abraham Gohmert Mulvaney Capuano Israel Rice (NY) ious housing programs, and for other Aderholt Goodlatte Murphy (PA) Ca´ rdenas Jackson Lee Richmond Allen Gosar Neugebauer Carney Jeffries Roybal-Allard purposes. Amash Granger Newhouse Carson (IN) Johnson (GA) Ruiz The SPEAKER pro tempore (Mr. Amodei Graves (GA) Noem Cartwright Johnson, E. B. Ruppersberger CARTER of Georgia). Is there objection Ashford Graves (LA) Nugent Castor (FL) Kaptur Rush to the request of the gentleman from Babin Graves (MO) Nunes Chu, Judy Keating Ryan (OH) Barletta Griffith Olson Cicilline Kelly (IL) Sa´ nchez, Linda Texas? Barr Grothman Palazzo Clark (MA) Kennedy T. There was no objection. Barton Guinta Palmer Clarke (NY) Kildee Sanchez, Loretta The SPEAKER pro tempore. Pursu- Benishek Guthrie Paulsen Clay Kilmer Sarbanes ant to House Resolution 594 and rule Bilirakis Hanna Pearce Cleaver Kind Schakowsky Bishop (MI) Hardy Perry Clyburn Kirkpatrick Schiff XVIII, the Chair declares the House in Bishop (UT) Harper Pittenger Cohen Kuster Schrader the Committee of the Whole House on Black Harris Pitts Connolly Langevin Scott (VA) the state of the Union for the consider- Blackburn Hartzler Poe (TX) Conyers Larsen (WA) Scott, David Blum Heck (NV) Poliquin Courtney Larson (CT) Serrano ation of the bill, H.R. 3700. Bost Hensarling Pompeo Crowley Lawrence Sewell (AL) The Chair appoints the gentleman Boustany Herrera Beutler Posey Cuellar Lee Sherman from Pennsylvania (Mr. COSTELLO) to Brady (TX) Hill Price, Tom Cummings Levin Sires preside over the Committee of the Brat Holding Ratcliffe Davis (CA) Lewis Slaughter Bridenstine Hudson Reed Davis, Danny Lieu, Ted Speier Whole. Brooks (AL) Huelskamp Reichert DeFazio Lipinski Swalwell (CA) b 1437 Buchanan Huizenga (MI) Renacci DeGette Loebsack Takano Buck Hultgren Ribble Delaney Lofgren Thompson (CA) IN THE COMMITTEE OF THE WHOLE Bucshon Hunter Rice (SC) DeLauro Lowenthal Thompson (MS) Accordingly, the House resolved Burgess Hurd (TX) Rigell DelBene Lowey Titus Byrne Hurt (VA) Roby DeSaulnier Luja´ n, Ben Ray Tonko itself into the Committee of the Whole Calvert Jenkins (KS) Roe (TN) Deutch (NM) Torres House on the state of the Union for the Carter (GA) Jenkins (WV) Rogers (AL) Dingell Lynch Tsongas consideration of the bill (H.R. 3700) to Carter (TX) Johnson (OH) Rogers (KY) Doggett Maloney, Van Hollen provide housing opportunities in the Chabot Johnson, Sam Rohrabacher Doyle, Michael Carolyn Vargas Chaffetz Jolly Rokita F. Matsui Veasey United States through modernization Clawson (FL) Jones Rooney (FL) Duckworth McCollum Vela of various housing programs, and for Coffman Joyce Ros-Lehtinen Edwards McDermott Vela´ zquez other purposes, with Mr. COSTELLO of Cole Katko Roskam Ellison McGovern Visclosky Collins (GA) Kelly (MS) Ross Engel McNerney Walz Pennsylvania in the chair. Collins (NY) Kelly (PA) Rothfus Eshoo Meeks Wasserman The Clerk read the title of the bill. Comstock King (IA) Rouzer Esty Meng Schultz The CHAIR. Pursuant to the rule, the Conaway King (NY) Royce Farr Moore Waters, Maxine Cook Kinzinger (IL) Russell bill is considered read the first time. Foster Moulton Watson Coleman The gentleman from Texas (Mr. HEN- Cooper Kline Salmon Frankel (FL) Murphy (FL) Welch Costa Knight Sanford Fudge Nadler Wilson (FL) SARLING) and the gentlewoman from Costello (PA) Labrador Scalise Gabbard Napolitano Yarmuth California (Ms. MAXINE WATERS) each Cramer LaHood Schweikert Crawford LaMalfa Scott, Austin NOT VOTING—14 will control 30 minutes. The Chair recognizes the gentleman Crenshaw Lamborn Sensenbrenner Brooks (IN) Hice, Jody B. Maloney, Sean Culberson Lance Sessions Butterfield Issa Massie from Texas. Curbelo (FL) Latta Shimkus Castro (TX) Jordan Smith (WA) Mr. HENSARLING. Mr. Chairman, I Davis, Rodney LoBiondo Shuster Fattah Lujan Grisham Takai yield myself such time as I may con- Denham Long Simpson Gowdy (NM) Westmoreland Dent Loudermilk Sinema sume. DeSantis Love Smith (MO) b 1433 Mr. Chairman, today I rise in strong DesJarlais Lucas Smith (NE) support of H.R. 3700, the Housing Op- Diaz-Balart Luetkemeyer Smith (NJ) Mr. RUSH changed his vote from Dold Lummis Smith (TX) ‘‘aye’’ to ‘‘no.’’ portunity Through Modernization Act, Donovan MacArthur Stefanik So the resolution was agreed to. offered by my friend, Chairman Duffy Marchant Stewart The result of the vote was announced LUETKEMEYER of Missouri. Duncan (SC) Marino Stivers I want to thank him for his leader- Duncan (TN) McCarthy Stutzman as above recorded. Ellmers (NC) McCaul Thompson (PA) A motion to reconsider was laid on ship on this bill that he has worked on Emmer (MN) McClintock Thornberry the table. for many, many months. It represents Farenthold McHenry Tiberi PERSONAL EXPLANATION a true bipartisan approach to housing Fincher McKinley Tipton Fitzpatrick McMorris Trott Mr. CASTRO of Texas. Mr. Speaker, my reform. Fleischmann Rodgers Turner vote was not recorded on Roll Call Number 48 I also want to thank his fellow Mis- Fleming McSally Upton on the Motion on Ordering the Previous Ques- sourian, the ranking member of the Flores Meadows Valadao tion on the Rule providing for consideration of Housing Subcommittee, again, another Forbes Meehan Wagner Fortenberry Messer Walberg H.R. 3700. I am not recorded because I was gentleman from Missouri (Mr. Foxx Mica Walden absent due to awaiting the impending birth of CLEAVER), for his input into this legis- Franks (AZ) Miller (FL) Walker my son in San Antonio, Texas. Had I been lation and for his leadership on his side Frelinghuysen Miller (MI) Walorski of the aisle as well. Garrett Moolenaar Walters, Mimi present I would have voted NAY. Gibbs Mooney (WV) Weber (TX) Mr. Speaker, my vote was not recorded on H.R. 3700 passed the Financial Serv- Gibson Mullin Webster (FL) Roll Call Number 49 on H. Res. 594—Rule ices Committee with broad bipartisan

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Again, it is H.R. 3700 addresses the question by are nearly 600,000 Americans who are designed to help promote greater effi- finding many ways within HUD’s bu- homeless in this country—a staggering ciency in our existing housing assist- reaucracy to streamline the inspection number I find simply unconscionable. ance programs. protocol for rental assistance units, to These statistics demonstrate that we In many different ways, Mr. Chair- simplify tenant income review so local must come together to make reforms man, it modernizes a lot of outdated housing officials can focus on housing, to Federal housing programs, but also rules and regulations which, in some not data collection, and to target as- to commit new resources to tackle the cases, have not even been updated in a sistance, again, to households with the extreme lack of affordable housing in generation. And so, in that respect, it greatest need. this country. takes the resources that we have and For the first time, H.R. 3700 will I spend a lot of time visiting and targets it to those who need it the state that any occupant of a public talking with housing and homeless most. housing unit that exceeds the area me- services providers. Recently, I visited So you will find provisions here deal- dian income for 2 consecutive years ei- the Downtown Women’s Center in Los ing with Section 8 rental assistance, ther gives up their government subsidy Angeles and N Street Village here in public housing, rural housing, homeless or moves out of the unit. That provides D.C. These homeless service providers assistance, and FHA mortgage insur- more resources for those who deserve are helping women and families get off ance for condominiums. It is a very it. the streets and into safe, decent, af- broad bill, and, again, it enjoys bipar- H.R. 3700 also addresses the problem fordable, and supportive housing. Orga- tisan support. of over-income occupants. It creates nizations such as these are not just ap- Let me talk a little bit about what for the first time a financial asset test plying compassion, they are applying H.R. 3700 doesn’t do or what it is not. for public housing residents. Currently, evidence-based approaches to address- Few have been more critical about the there is only a one-time income test. ing homelessness in the most effective poor focus of our HUD programs than I Again, these are just two ways, Mr. ways. have been because, regardless of what- Chairman, that we ensure that the re- H.R. 3700 is a step in the right direc- ever their good intentions may be, the sources that are devoted to these hous- tion because it directly responds to undeniable truth is current Federal ing programs are targeted to those who concerns that I have heard over and housing policy remains fractured, re- are most in need. over again from these housing and mains costly, remains inefficient, and I could go on and on about the bene- homeless service providers about how oftentimes does not help those who fits of the bill. But let me just say Federal housing programs can better truly need it. that, with any great project, there are support their efforts. In 2012, the GAO found that 20 dif- those who are always saying we could This bill would make several incre- ferent Federal Government entities ad- do more. And, yes, we could do more, mental changes across a number of minister over 160 different programs, and we are working faster to imple- Federal housing programs that will tax expenditures, and other tools that ment even more reforms. allow us to better serve low-income support home ownership and rental But today represents a start of a families in need of housing assistance housing. process, not the end of a process, a very while also relieving certain adminis- The Department of HUD has received ambitious project to transform how we trative burdens. These changes would approximately more than $1.6 trillion deliver government housing assistance affect public housing, section 8 Tenant in real dollars since it was born 50 in America and help people graduate and Project-Based Rental Assistance, years ago and today spends over $45 bil- from Federal assistance to lives of self- the Federal Housing Administration, lion annually on at least 85 active pro- sufficiency and financial independence. the Rural Housing Service, and HUD’s grams, again, many of which have not Again, I congratulate the gentleman homelessness programs, among others. been modernized or updated in a gen- from Missouri, the chairman of our Many of the provisions are common- eration. Housing and Insurance Subcommittee, sense reforms that are long overdue. And the results of all this? for his great leadership. For example, this bill includes the text Well, all too often housing afford- I commend the ranking member of of my bill, the Project-Based Voucher ability remains a very real challenge that committee as well for working on Improvement Act of 2015, which would for many Americans. Too many neigh- a bipartisan basis. increase flexibility for public housing borhoods still suffer from blight and I hope all Members will support H.R. authorities to develop new units of neglect with substandard housing op- 3700. It is a bipartisan first step in fix- housing to serve vulnerable popu- tions for low-income families. ing a broken housing system that we lations, including those who are home- Most tellingly, the national poverty have. less in this country. It would also help rate has remained essentially un- I reserve the balance of my time. to create housing opportunities in changed in the 50 years since HUD was Ms. MAXINE WATERS of California. areas where vouchers are difficult to first created. Mr. Chairman, we can do Mr. Chair, I yield myself as much time use. better. as I may consume. Several national and local tenant ad- Now, we all know that the best hous- Mr. Chairman, we are here today to vocacy organizations and affordable ing program is a job, a career path, one discuss H.R. 3700, but I would like to housing industry groups have expressed with a future. We know that the best start by saying how pleased I am that support for my bill. In addition, a num- housing program is economic oppor- we are focusing on housing. ber of other provisions in H.R. 3700 tunity for all, boundless economic op- This is the first major housing bill were included in previous section 8 re- portunity for all. But there are still that the Financial Services Committee form bills that I have introduced. I am some that need assistance. has considered in the past several Con- pleased that my Republican colleagues So that is not what this debate is gresses, and I hope that we can spend a have expressed their support for these about today. Today the debate is: What lot more time focusing on the dire provisions that I have long advocated. can we do on a bipartisan basis? Where housing needs of low-income families At the markup of this bill, I raised a can we come to agreement on current in America as we move forward. serious concern that I had with one of existing programs to try to make them the provisions in H.R. 3700 because it work better for the poor and for our b 1445 would effectively raise rents for low-in- low-income people who need assistance Today, only one in four households in come families with children who are through the HUD programs? What is it this country who are eligible to receive living in certain HUD-assisted housing. we can do to help move more people housing assistance actually receive it, I voted against the bill in committee. out of poverty to lives of self-suffi- and there is a severe deficit of over 7 Although I voted against the bill at the ciency? How do we reform HUD’s com- million rental units that are both af- committee markup for this reason, I plex bureaucratic web of programs? fordable and available to extremely am very pleased to say that I have How do we spread economic oppor- low-income Americans. worked, and my staff has worked, with tunity to all? Furthermore, according to HUD’s my Republican colleagues so that we Those should be what our goals are. most recent point-in-time count, there could find some common ground, and

VerDate Sep 11 2014 02:21 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.028 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H453 they have indicated that they will sup- out of foster care, two vulnerable com- ably might not have been done other- port my amendment that I have offered munities that need our support today. wise because I think we both have a to address this issue. H.R. 3700 does all of this and still spirit of working together, and it ended I am encouraged that my Republican manages to save the taxpayers money. up in a good product. But that wouldn’t colleagues shared in my concerns and CBO estimates that the underlying bill have taken place without the chairman that we were able to reach a meaning- saves $311 million over 5 years. and the ranking member. ful compromise on this issue. I will be the first to point out that I lived in 404–B Bailey public housing Mr. Chairman, that is why I am now H.R. 3700 will not necessarily change in Wichita Falls, Texas. I went by on urging my colleagues to vote ‘‘yes’’ on the world. It won’t overhaul HUD or Christmas, and I just parked there for H.R. 3700. It is high time we came to- the Rural Housing Service, end home- a long time and looked at the kids run- gether to pass a bipartisan housing lessness overnight, or meet the over- ning around playing, thinking I used to bill. whelming need for affordable housing. do that on that same little piece of dirt Mr. Chairman, I reserve the balance But it is a significant step in the long that we called a yard. I wondered about of my time. journey to reforming a broken system. the kids who were in that unit. Will Mr. HENSARLING. Mr. Chairman, I The majority of the provisions in this they eventually have the opportunities yield 4 minutes to the gentleman from bill were agreed to years ago by Mem- that I was blessed to have? Or would Missouri (Mr. LUETKEMEYER), the bers of Congress, housing advocates, they suffer the fate of many others chairman of the Housing and Insurance and industry groups. H.R. 3700 is a set with whom I grew up? Subcommittee of the Financial Serv- of solutions on which all parties, in I thought in part we might be able to ices Committee. He happens to be the Congress, industry, and advocacy, have do some things here that will help the author of the bill. agreed and can agree. little boy I saw running around playing Mr. LUETKEMEYER. Mr. Chairman, Mr. Chairman, this legislation pre- in front of the unit I once lived in with I would like to thank Chairman HEN- sents a bipartisan effort that has been my mother, father, and three sisters. I SARLING, Ranking Member WATERS, drafted and debated over the past 6 think we have done this. These are and especially my good friend from months. I want to thank again Chair- probably the most sweeping changes in Missouri, the ranking member, Mr. man HENSARLING for his support and HUD regulations in a quarter of a cen- CLEAVER. We have had a labor of love Ranking Member WATERS for her work tury, perhaps ever; and what we have with this bill, and it took two guys on the bill, which passed the Financial done is we have remodeled, or refash- from the Show Me State to show them Services Committee in December by an ioned, or recast, or redesigned many of how to do it. We are excited about overwhelming bipartisan vote of 44–10. the programs impacting HUD. that, and I want to give a special I also want to recognize my good I do not disagree with Chairman HEN- shout-out to him. friend, the ranking member, Mr. SARLING that we do have a great deal of Mr. Chairman, when I took the gavel CLEAVER from Missouri. Without his redundancy in programs that we run of the Financial Services Sub- tireless efforts, this bill would be very with HUD and USDA. I do think at committee on Housing and Insurance, I difficult to have accomplished any- some point there is a need for us to get told my colleagues I wanted to work thing with. things molded a little bit better, but with them across party lines to make Housing policy isn’t easy. It is emo- that is not going to take place I don’t meaningful changes that benefit all tional. It touches lives. It sets the think any time soon. I support H.R. 3700 because I had the Americans. H.R. 3700 represents a stage for future generations. Because it opportunity to understand what these major step forward, one to reform a is so important, it isn’t always easy to changes mean. I also need to say before system that is in many instances out- find policies on which we all agree. I go any further that I don’t believe dated, duplicative, and burdensome. With H.R. 3700, we have an opportunity that compromise means capitulation. As a body, we should be committed to show the Nation that we are com- In fact, I don’t think democracy can to creating a more efficient govern- mitted to working together, and with a work without comity and compromise. ment and greater opportunity for the diverse group of stakeholders, for the I think they are inseparable parts of American people and American busi- American people. democracy. So there are parts of this nesses. H.R. 3700 helps us meet those Mr. Chairman, I urge my colleagues bill that I am not as thrilled with, as commitments. to support this legislation, and I urge other parts, but that is what happens This legislation promotes greater ef- the Senate to consider it without delay in a democracy. ficiency in housing assistance pro- so we can break a status quo that bene- Again, I cherish the opportunity to grams and modernizes outdated rules fits too few at the cost of too many. work with people who are willing to and regulations, which in some cases Ms. MAXINE WATERS of California. move and shake and move and shake have not been updated in more than a Mr. Chairman, I yield 5 minutes to the and shake and move to get something generation. H.R. 3700 streamlines the gentleman from Missouri (Mr. to the floor. inspection protocol for rental assist- CLEAVER). He is the leading Demo- The bill will streamline the inspec- ance units, simplifies the income recer- cratic sponsor of this bill, a member of tion and income review process for tification policies for assisted house- the Financial Services Committee, and families living in section 8 units. We holds, clarifies homeless assistance the ranking member of the Sub- are making, in this legislation, some program requirements, delegates rural committee on Housing and Insurance. very badly needed changes to the housing loan approval authority, and Mr. CLEAVER. Mr. Chairman, I came project-based voucher program by al- provides targeted flexibility between to Congress, and because of my own ex- lowing a public housing authority, public housing operating and capital periences, I only had one ambition PHA, to project-base up to 20 percent funds. other than being a Member of Con- of its authorized voucher allocation, H.R. 3700 also gives State and local gress, and it was to take leadership in rather than 20 percent of the voucher housing agencies and private owners the Subcommittee on Housing and In- funding that we give. And then we give enhanced flexibility in meeting key surance because, experientially, I PHAs more flexibility with their funds program objectives such as reducing thought I had experiences that might by allowing them to transfer up to 20 homelessness, improving access to help. And secondly, having served as percent of their capital funds to the op- higher-opportunity neighborhoods, and mayor, we dealt a lot with housing in erating fund. addressing repair needs of public hous- Missouri’s largest city. I had this op- Mr. Chairman, what this allows is for ing. portunity. And I want to thank Ms. people who are on the ground, working The bill also, for the first time in WATERS for the opportunity to be the with people, understanding where they over 30 years of public housing policy, lead Democrat on the Housing and In- need to have funds, the opportunity to provides a thoughtful limitation on surance Subcommittee. move those funds around without vio- public housing tenancy for over-income I think it was fortunate, maybe even lating any of the HUD regulations. families. Importantly, this legislation fortuitous, that two Missourians ended It helps our foster children by ex- also pays special attention to our up working together, and we were able panding eligibility for the Family Uni- homeless veterans and children aging to, I think, do some things that prob- fication Program from the current

VerDate Sep 11 2014 02:21 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.030 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H454 CONGRESSIONAL RECORD — HOUSE February 2, 2016 limit of 21 years of age to 24 years of That is a normal cause. That is not continued to engage with us to fix this. age, and it increases the length of stay cruel. That is just the way that these Literally, the math did not work out. from 18 months to a maximum of 36 programs were designed to work. I can tell you as once a single parent months. It also—and I think this is im- The other thing, though, is we have a and as a grandmother, I know about portant—expands the eligibility of in- responsibility not only to the families the budget-busting cost of child care. I dividuals who will leave foster care and individuals around our country, also know how central housing policy within 90 days. but we have a responsibility to the and access to child care is critical to Mr. LUETKEMEYER. Mr. Chairman, United States of America. One of the positive social outcomes for children. I yield 3 minutes to the gentleman things that I think is important about So often we demand that poor people, from Texas (Mr. NEUGEBAUER), who is this piece of legislation is it doesn’t and especially women, pull themselves the chair of the Subcommittee on Fi- really mess with mandatory spending up by their bootstraps. We have pro- nancial Institutions and Consumer but is, according to CBO, going to save grams that are designed to help them. Credit. $300 million over 5 years. But then what we do is we put program Mr. NEUGEBAUER. Mr. Chairman, I What that points out—and this is features in place that really cancel out want to thank Chairman LUETKEMEYER done really without cutting any of the the benefits of these programs. and Ranking Member CLEAVER for programs, but just cutting some effi- But this bill, H.R. 3700, as amended their work on this very important ciencies in those programs to make by the ranking member, eliminates the piece of legislation. sure that those programs are being ad- unintended consequences for poor peo- I have been in the housing business ministered appropriately—is, if there ple who are raising children. Ranking probably for over 40-some-odd years. I are some regulatory things that are Member WATERS and subcommittee have been involved in every aspect of keeping people from operating some of Ranking Member CLEAVER have both it, from low-income housing, to rental these public housing facilities in a way been powerful advocates for affordable housing, to new housing, to resale that maximizes the benefit, then we housing on the Financial Services housing. One of the things that I have give them some flexibility to do that Committee. I am so pleased to join recognized over the years is what an by reducing some duplicative regu- them in fighting for these changes. important part housing is to the fabric latory processes and, more impor- H.R. 3700 is supported by the Na- of our country, how important housing tantly, empowering the local entities tional Association of Realtors, the Na- is to families, and how people enter and the local operators of this public tional Alliance to End Homelessness, into the housing market in different housing to be more innovative and cre- and the Center on Budget and Policy ways. Certainly there are folks that go ative. Priorities, among the over two dozen into market-based rental housing, and As I have had an opportunity to visit groups supporting it. then there are folks that aren’t quite some of our public housing facilities in I urge adoption of the legislation, as ready to do that. Maybe they are get- my district, the 19th Congressional amended by Ms. WATERS. ting started or have had a difficulty in District, and sit down with a lot of Mr. LUETKEMEYER. Mr. Chairman, their life, so lower-income housing pro- those administrators, what they tell I yield 2 minutes to the gentleman vides an opportunity for them. me is: RANDY, if we could have more from New Mexico (Mr. PEARCE), the I think the goal of the housing pro- flexibility, we know how to deliver this vice chairman of the Financial Institu- grams over the years is to provide low- service much more efficiently than we tions and Consumer Credit Sub- income housing as a stepping stone and have today. But in many cases, the committee. not a permanent residence. One of the Federal regulation is inhibiting their Mr. PEARCE. Mr. Chairman, I thank things I like about H.R. 3700 is that it ability to be able to implement some of the gentleman for yielding. encourages that process. It has been those things. About 5 years ago, I was in Roswell, brought up in a number of these pro- I want to commend the two gentle- New Mexico, at a meeting with veteran grams, and over the years sometimes a men from Missouri for their out- constituents. We were talking about good idea spreads around. We have standing work. Yes, we could probably policies and things like that. After spent a lot of time probably creating do more, but the good thing is we got about an hour, suddenly one gentleman new housing programs and probably started. I think we are off to a good overlooked in the whole group blurted spent a lot of time increasing the fund- start, so I encourage my colleagues to out, ‘‘I am living in a rat hole.’’ It just ing for housing programs, but in many support H.R. 3700. caught us all by surprise. We disman- cases maybe we didn’t stop and do the Ms. MAXINE WATERS of California. tled the discussion there, and we went review and make sure that the pro- Mr. Chairman, I yield 3 minutes to the immediately to look at his house. Over grams that we had put in place were ef- gentlewoman from Wisconsin (Ms. the next 2 years, that community gath- ficient in delivering the services that MOORE), the ranking member of the ered money and businesses came to- needed to be delivered and helping Monetary Policy and Trade Sub- gether. They tore down the man’s those families accomplish the goal of committee of the Committee on Finan- house and rebuilt it. moving through the housing cycle. cial Services. The problem is that not everyone out Ms. MOORE. Mr. Chairman, I thank there can get access to communities b 1500 Ranking Member WATERS for yielding. and local businesses to help them So one of the things that I like about I rise in support of H.R. 3700, as through the problems, so we have the this bill is that these families that amended by Ranking Member WATERS. housing programs which are set up. Un- have—in fact, the goal has been to in- This is what you call regular order, fortunately, they are mired in bureau- crease their livelihood, and they have folks. This bill came out of committee cratic red tape. We soak up the dollars gotten better jobs and their income has with a significant flaw that would have that should be helping people with ad- increased. It is time, then, for those had a very negative impact on families ministrative burdens that make no folks to move on. Because what we and children and the ability of low-in- sense, with duplicative requirements to know is—and those statistics have come people to deduct childcare ex- go through the processes. been, I think, brought out today—we penses. If it were not fixed, it would I commend both sides of the aisle, have got a number of people in the have effectively raised rent on thou- Mr. LUETKEMEYER and Ms. MAXINE waiting line to get into some of this sands of low-income families with chil- WATERS of California, for pushing this housing to better their lives. It is not dren. reform because it will allow us to di- fair that people whose incomes have far I just want to commend my col- rect the money to where it should be surpassed incomes that it takes to leagues, Ms. WATERS and Mr. going. qualify to live in them should continue CLEAVER—Ms. WATERS in particular— Many times we think that we dis- to do that. for really catching this flaw. But I also agree with each other about policies. So affluent families must pay market want to commend the Republicans The truth is there is not significant rental rates or they have got to leave who, instead of just taking their posi- disagreement that we should be helping the public housing arena. Higher asset tion as being in the majority and say- those at the lowest income levels to families must leave public housing. ing ‘‘we don’t have to listen to you,’’ raise themselves up. It is through their

VerDate Sep 11 2014 02:57 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.031 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H455 progression towards prosperity and to- This is a commonsense and prag- for her tremendous leadership on the wards just making ends meet that we matic measure that will help improve Financial Services Committee as our get rid of some of the deepest problems the efficiency of an important rural ranking member. She has been phe- in our social cost of the government. It housing program so that it can reach nomenal in terms of making sure that is not that we disagree; it is that some- even more rural families. It is criti- our legislation is bipartisan. Also, I re- times we get trapped and that that pro- cally important that we continue to member serving on the Subcommittee gram doesn’t work very well so we provide the necessary tools and incen- on Housing and Insurance for many, want to cut funds. tives to help ensure all Americans are many years with Congresswoman I really think that this is a very im- able to realize their dream of home- WATERS, and she constantly worked to portant step today where we are trying ownership. make sure that people had access to af- to modernize the systems that are de- I want to commend my colleague fordable, accessible, clean, and safe livering help to those that need it the from Missouri. I especially want to housing. She has not wavered on that most in the belief that the human spir- commend my colleague Congressman agenda. So I thank her very much. it will actually take those steps to CLEAVER for his tireless leadership on The need for affordable housing has make their own way out once we help this effort. I want to thank the chair- never been greater. That is why I am them stabilize. man and ranking member for their ef- very happy to be here today to support Again, just thanks for the work on forts. the Housing Opportunity Through both sides of the aisle. I urge all of my colleagues to support Modernization Act of 2015. This bill I urge support of H.R. 3700. H.R. 3700. would make critical improvements to Ms. MAXINE WATERS of California. Mr. LUETKEMEYER. Mr. Chairman, our Nation’s public and assisted hous- Mr. Chairman, I yield 3 minutes to the I yield 21⁄2 minutes to the distinguished ing programs, and takes steps to en- gentlewoman from Alabama (Ms. SE- gentleman from North Carolina (Mr. sure that low-income communities WELL), a member of the Financial Serv- PITTENGER). have access to safe and affordable hous- ices Committee. Mr. PITTENGER. I thank Chairman Ms. SEWELL of Alabama. Mr. Chair- ing. LUETKEMEYER for his leadership on this man, I rise today in support of H.R. Now, let me just tell you, in my dis- bill, and I appreciate deeply the sup- 3700, the Housing Opportunity Through trict in Oakland, California, rents have port and leadership of Congressman Modernization Act, as amended by risen faster than anywhere else in the CLEAVER. Nation. In fact, if the average Oakland Ranking Member WATERS. Mr. Chairman, today I rise in support While not a perfect bill, H.R. 3700 has renter had to move tomorrow, they been made considerably better by the of H.R. 3700, the Housing Opportunity would be spending a staggering 70 per- amendment offered by Ranking Mem- Through Modernization Act, which cent of their income on housing—70 contains provisions that expand hous- ber WATERS. There are other amend- percent of their income. That is out- ments that I would love to see, includ- ing opportunities while protecting rageous. My constituents, like many ing my own, but I must tell you that American taxpayers. constituents around the country, can’t this bill does represent true bipartisan- This bipartisan legislation provides afford this, so this is a crisis. commonsense efforts for streamlining ship. It is a major bipartisan step to- b 1515 wards helping preserve our scarce hous- and reducing regulatory burdens for or- This bill takes steps to address this ing resources while expanding housing ganizations working with HUD. issue by protecting voucher holders opportunities and homeownership op- This bill looks to correct many from losing their subsidies when fair portunities. wrongs within our housing system More specifically, this legislation while also simplifying certification market rents drop, which is something makes critical changes that would help processes and providing permanent au- that recently had a major impact on improve and expand the Section 502 thority for direct endorsement for ap- my community. Thankfully, with the Guaranteed Rural Housing Loan Pro- proved lenders to approve rural hous- help of Congresswoman WATERS and gram. This program helps provide low- ing service loans. our Secretary of HUD, we were able to and moderate-income households with Mr. Chairman, condominiums are navigate the agency’s redtape to find a homeownership opportunities in rural often the first step on the housing lad- solution so the tenants could keep areas, like the Seventh Congressional der for first-time homeowners. They their assistance and stay in their District of Alabama, which I am so also can be the most affordable and de- homes. proud to represent. sirable option for single people, young I support this bill and the critical The sad reality is that too often, families, and those looking to amendments offered by Congress- rural America faces severe barriers and downsize. Unfortunately, current FHA woman WATERS and Congressmen obstacles to obtaining quality and af- regulations prevent buyers from pur- PRICE and ADERHOLT. fordable housing. This is largely due to chasing condos. H.R. 3700 eases restric- It is also important that we update the limited access to affordable mort- tions, allowing more opportunity for the formula that is used to distribute gage credit. homeownership. funds under the Housing Opportunities The Section 502 Guaranteed Rural This bill reins in duplicative and for Persons with AIDS to reflect the Housing Loan Program is designed to overly burdensome regulations, which changing nature of the HIV/AIDS epi- target rural residents who have a not only create a slower process, but demic and to ensure those communities steady low or moderate income yet are also increase government workload all in greatest need receive critical unable to obtain adequate housing without affecting any changes to direct HOPWA funds. This is one issue that through conventional financing. Essen- spending. Congresswoman WATERS has been tially, this program encourages private Mr. Chairman, housing assistance working on for many, many years to lenders to extend credit to responsible should be solely for those who need it make sure these funds are targeted to and creditworthy borrowers in rural most of all, and this bill takes aim at the people and to the communities who America. ensuring this. For the first time in 80 need it the most. H.R. 3700 would help the Department years, this legislation provides limita- The bill allows for homeownership of Agriculture improve and expand the tions on public housing tenancy for for those whose American Dream of Section 502 Guaranteed Rural Housing over-income families. such has been shattered. Thank good- Loan Program by delegating loan ap- Ms. MAXINE WATERS of California. ness, in this bill, we now have provi- proval authority to certain partici- Mr. Chairman, I yield 3 minutes to the sions that will allow that dream to be pating lenders. This is similar to the gentlewoman from California (Ms. fulfilled. authority that the Secretary of the De- LEE), a member of the Appropriations I thank Congressman CLEAVER as partment of Housing and Urban Devel- Committee and someone who has been well as our majority and minority opment currently has for Federal Hous- focused on dealing with poverty. members for this bill. ing Administration’s programs, and Ms. LEE. Mr. Chairman, let me From just a very parochial point of this legislative proposal was included thank our ranking member, Congress- view, in my district, I have to say how in the President’s FY 2016 budget. woman WATERS, for leading and also badly needed this bill is, as

VerDate Sep 11 2014 02:21 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.032 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H456 CONGRESSIONAL RECORD — HOUSE February 2, 2016 gentrification is a big issue. My con- on both sides of the aisle to join in ad- sistance programs have failed to help stituents constantly ask me what the ditional efforts to reform HUD and to people lift themselves out of poverty. Federal Government can do, and this is more effectively combat poverty. Members of both parties recognize this a major step in that direction. Ms. MAXINE WATERS of California. reality and have worked together to Mr. LUETKEMEYER. Mr. Chairman, Mr. Chairman, I yield 2 minutes to the identify areas for improvement. H.R. I yield 21⁄2 minutes to the gentleman gentleman from California (Mr. 3700, the Housing Opportunity Through from Kentucky (Mr. BARR). DESAULNIER). Modernization Act, is a bipartisan, Mr. BARR. I thank the chairman. Mr. DESAULNIER. I thank the gen- commonsense bill that addresses many Mr. Chairman, I rise in strong sup- tlewoman for yielding. of these issues. port of H.R. 3700, which is a modest but Mr. Chairman, with this bill, we have Among other things, this legislation important first step to improving Fed- an opportunity to address an inequity makes it easier for tenants, owners, eral housing policy through several with how the Department of Housing and investors to navigate rental assist- commonsense reforms. and Urban Development treats con- ance programs by reducing duplicative For the first time in HUD’s 50-year dominiums, particularly in senior com- and inefficient regulations that make history, there will now be a flexible munities. it harder to rent or to operate afford- formula directing over-income families Across the country and in my district able housing. The Housing Opportunity to pay greater shares of their sub- in the Bay Area, condo communities Through Modernization Act also incor- sidized rents or to move out of public have been missing out on access to porates safeguards to prevent well-off housing. Incomes and assets will be re- mortgages due to an unnecessarily re- families from using scarce public hous- evaluated to target assistance to those strictive rule. The rule’s intent is good, ing units. We can all agree that hous- who are truly in need. but, in practice, it unduly harms sen- There are wait lists across the coun- ing assistance programs should be re- iors, families, and communities. served for those who need help the try for scarce public housing resources One community in my district in the and Section 8 vouchers. I have listened most. This legislation also provides East Bay of the Bay Area, Rossmoor, is flexibility to public housing agencies to homeless advocates and to my con- home to thousands of seniors, many of stituents at the Lexington Housing Au- in using Federal funds to meet local whom need access to HUD-backed thority in Kentucky about the waiting needs more effectively. mortgages to enhance their financial lists that exist in my own district. A I am a proud cosponsor of this legis- security. I am pleased that this bill is 2015 HUD audit found that 25,000 fami- lation, and I encourage my colleagues a step in the right direction to allow lies had incomes too high to qualify for to support this bipartisan effort to im- these residents and residents in other assistance; yet the families remained prove Federal housing assistance. We condo communities around the country in taxpayer subsidized housing. Some owe it to the many Americans who rely to benefit from the same mortgage of those families actually derived in- on these programs to enact this legisla- rules that are available to other home- come from renting other residential tion’s reforms. owners. properties that they, themselves, Ms. MAXINE WATERS of California. I appreciate the hard work done by owned. One family highlighted in the Mr. Chairman, I yield myself such time the chairman and ranking member of report had a combined income of as I may consume. the subcommittee on this important $498,000. This bill contains several provisions Policy failures such as these not only issue, and I look forward to working which I wholeheartedly support and waste taxpayer dollars, but, more im- with them to continue to protect these would like to see passed into law. portantly, they hurt those in need who deserving communities. For example, this bill includes a few might otherwise have roofs over their Mr. LUETKEMEYER. Mr. Chairman, provisions that were taken straight 1 heads. I hope this bipartisan initiative I yield 2 ⁄2 minutes to the distinguished from bills that I have authored, includ- is a down payment on the further re- gentleman from Pennsylvania (Mr. ing the text of my Project-Based form of Federal housing programs. ROTHFUS), one of our young and up- Voucher Improvement Act of 2015, Several of my colleagues and I are and-coming members of the Financial which would increase the flexibility for developing an empowerment agenda to Services Committee. public housing authorities to develop holistically reform Federal assistance Mr. ROTHFUS. I thank the chair- new units of housing to serve vulner- programs from housing to nutrition to man. able populations, including those who workforce development. We start with Mr. Chairman, for decades, the Fed- are homeless in this country. It would the recognition that the Federal Gov- eral Government has spent over $1.6 also help to create housing opportuni- ernment now runs more than 80 dif- trillion in an attempt to accomplish ties in areas where vouchers are dif- ferent antipoverty programs at an an- the laudable goal of ensuring that all ficult to use. nual cost of nearly $1 trillion; yet, Americans have access to affordable, I introduced the Project-Based after 50 years of this strategy, the pov- decent housing. Voucher Improvement Act to address erty rate has barely budged from where I have visited many affordable hous- the severe lack of affordable housing, it was in 1965. The goal is to assist ing sites during my time in Congress to which is contributing to the epidemic Americans to achieve their God-given listen to the concerns of residents, of homelessness across the country. potential and to restore the American managers, and community leaders. In The Section 8 project-based voucher Dream to where the condition of one’s fact, just 2 weeks ago, I visited a public program is a valuable tool to help pre- birth does not determine the outcome housing facility that is managed by the serve and create more affordable hous- of one’s life. Housing Authority of Beaver County. ing, especially for the poorest and most I look forward to working with my These meetings and visits have under- vulnerable populations. Essentially, it colleagues on both sides of the aisle scored the importance of our housing helps housing providers leverage out- and with members of this sub- assistance programs. If administered side financing in order to create and committee in leveraging the empower- correctly, these efforts can be truly maintain affordable housing in their ment agenda to craft additional re- transformative for hardworking Ameri- communities. forms to Federal housing policies, cans. I have met many Pennsylvanians My bill would help us maximize the which will improve outcomes by recog- who have improved their lives and who effectiveness of this critical program nizing that poor Americans are not li- have brightened their families’ futures by facilitating the ability of PHAs to abilities to be managed by some re- thanks, in part, to targeted Federal enter into agreements with private and mote bureaucracy in Washington but housing assistance provided to them in nonprofit owners and to partner with who are untapped assets who can their time of need. social service agencies to provide sup- achieve the American Dream. However, there are also cases in portive housing. This will, ultimately, I congratulate Chairman LUETKE- which outdated rules, waste, fraud, help provide stable housing for our MEYER and Ranking Member CLEAVER abuse, and general inefficiency have most vulnerable populations. for their work on this bill. made it difficult to direct resources to Gaining access to affordable housing I urge my colleagues to vote in favor those who need them the most. There is becoming harder and harder for far of H.R. 3700, and I invite my colleagues are also instances in which housing as- too many families. We are in the midst

VerDate Sep 11 2014 02:21 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.034 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H457 of a homeless crisis in my district and Additionally, as previously men- to make them work better for both in many districts around the country, tioned, for the first time in 80 years of public housing agencies and the ten- and we need more affordable housing to public housing policy, this legislation ants they serve. help get vulnerable populations off the restricts the use of already scarce pub- If this bill is enacted into law, it will streets. By making this Section 8 lic housing units to those who actually make the first major reforms to HUD’s project-based voucher program easier need them by establishing an earnings primary rental assistance programs to use, we could help to overcome this cap. Eliminating Federal subsidies for since 1998, and that is an achievement challenge. over-income families has always been that we can all be proud of. I hope that the information that has key to this discussion. While most wait So there is a lot at stake here. I urge been shared by some of my colleagues lists for public housing stretch into the my colleagues to vote ‘‘yes’’ on this has not been lost. I certainly hope that tens of thousands, families who should bill. I reserve the balance of my time. we all heard what Congresswoman BAR- not receive subsidies, in fact, often do. BARA LEE said about residents who are Mr. LUETKEMEYER. Mr. Chairman, Plain and simple, public housing can you tell me how much time I have paying 70 percent of their income for should be reserved for those who are housing, and it has become common- remaining? most in need. The Acting CHAIR (Mr. MARCHANT). place around this country for our citi- Finally, H.R. 3700 ensures that our 1 zens to be paying 50 percent of their in- The gentleman from Missouri has 7 ⁄2 veterans have fair access to HUD hous- minutes remaining. come for housing. This is totally unac- ing and homeless assistance programs. Mr. LUETKEMEYER. Mr. Chair, I ceptable. With nearly 50,000 homeless vets na- apologize to the ranking member. I do I am very pleased that we are focus- tionwide, we can and need to do more have one additional speaker. If the gen- ing on housing. I am very pleased as in this area. tlewoman is out of time, I am more there are certain aspects of this bill Mr. Chairman, as a member of the than willing to allow the gentlewoman that, I think, will be very beneficial to House Committee on Financial Serv- to have some of our time to be able to our residents and to our constituents ices and of the House Subcommittee on rebut in case there is something that is throughout the country. I am hopeful Housing and Insurance, I thank Chair- an issue. that we will continue on this track and man LUETKEMEYER for his leadership The Acting CHAIR. The gentlewoman that this won’t be the last housing ef- on this issue over the last year, as ad- from California has 51⁄2 minutes re- fort that we make that comes out of dressing housing reform is something maining. the Financial Services Committee. I that is not without controversy. Mr. LUETKEMEYER. Mr. Speaker, I am very pleased to be a part of it. I urge my colleagues to support this yield 2 minutes to the gentleman from I am proud of all of the work that has measure. New Hampshire (Mr. GUINTA). gone into this legislation. I am very Ms. MAXINE WATERS of California. Mr. GUINTA. Mr. Chairman, I am pleased that we were able to work out Mr. Chairman, I reserve the balance of proud to speak in support of H.R. 3700, any differences that we may have had. my time. the Housing Opportunity Through I am very proud of Mr. CLEAVER and of Mr. LUETKEMEYER. Mr. Chairman, Modernization Act, sponsored by Rep- Mr. LUETKEMEYER, as they are two gen- I have no further requests for time and resentatives LUETKEMEYER and tlemen from Missouri, for getting to- CLEAVER. gether to do this bill. It might have am prepared to close. I reserve the balance of my time. This extremely bipartisan bill makes helped a little bit that I am from Mis- a number of critical reforms to our souri also. I think this bill is some- b 1530 Federal housing programs. These pro- thing we can all be proud of. Ms. MAXINE WATERS of California. grams will streamline processes and I reserve the balance of my time. Mr. Chair, I yield myself such time as create much-needed efficiencies for Mr. LUETKEMEYER. Mr. Chairman, I may consume. government and, most importantly, I yield 2 minutes to the distinguished I would like to close by again thank- our consumers. gentleman from Texas (Mr. WILLIAMS), ing my colleagues, Mr. CLEAVER and I am happy to see the bill moving so one of our junior members of the com- Mr. LUETKEMEYER, for their leadership quickly because it will solve a number mittee but one of the senior Members in putting together a bipartisan afford- of problems low-income Americans with life experience who can bring a lot able housing bill that addresses so continue to face in acquiring safe and of good discussion to this debate we are many complicated issues in a respon- affordable housing. having this afternoon. sible way and brings together so many This legislation would make com- Mr. WILLIAMS. I thank the chair- monsense changes to the Department man. different stakeholders in support of this bill. of Housing and Urban Development in Mr. Chairman, I am proud to rise in order to lighten administrative bur- support of H.R. 3700, the Housing Op- There is a very long list of organiza- tions that support this bill that in- dens for housing agencies and owners portunity Through Modernization Act to assist low-income individuals and of 2015. cludes tenant advocacy groups, public housing authority industry groups, real families to live in greater dignity. Introduced by my good friend Chair- It is very encouraging to see the bi- estate industry groups, rural housing man LUETKEMEYER and my friend Con- partisan work that has been done on groups, as well as community develop- gressman CLEAVER, this bipartisan this bill. I commend both Chairman ment organizations. piece of legislation is the first step in LUETKEMEYER and Ranking Member To name just a few, the supporters of many to help reform and modernize our CLEAVER of the Housing and Insurance this bill include the National Low In- outdated Federal housing system. Subcommittee. I thank Chairman Mr. Chairman, for too long, govern- come Housing Coalition, the Center on LUETKEMEYER for allowing me to speak Budget and Policy Priorities, the Na- ment red tape has made many of these on this bill. housing programs inefficient and inef- tional Housing Trust, CSH, the Council I urge my colleagues to vote in favor fective, hurting the very people they of Large Public Housing Authorities, of H.R. 3700. aim to support. If signed into law, H.R. the National Association of Realtors, Ms. MAXINE WATERS of California. 3700 would seek to change that, all the the Local Initiatives Support Corpora- Mr. Chairman, I yield myself such time while saving taxpayer-invested money. tion, Enterprise Community Partners, as I may consume. First, as mentioned, the CBO projects and many more. I will just take these last few min- this bill to be a cost saver. With the The enthusiastic support from such a utes that I have to say to those people Federal deficit reaching almost $19 broad and diverse coalition of organiza- who live in public housing that this is trillion, the savings in discretionary tions is indicative of the hard-fought an important support effort of govern- spending are a direct result of allowing compromises that are included in this ment to provide public housing for local housing officials and agencies to bill. In fact, I do not know of a single those who cannot afford market-rate better manage their programs. Like organization that is opposing this bill. housing. most Federal programs, inefficient reg- H.R. 3700 is made up of commonsense I have represented over the years ulations exist that often balloon over- reforms that will make much-needed many public housing projects in Cali- all costs. improvements to our housing programs fornia. While I do not represent them

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I thank Mr. CLEAVER for You have here a whole list of 30 dif- public housing because I understand telling his story about public housing. ferent letters of support from different and know how very important it is to I want him to know that there are any groups from around the country that the lives of families and to the children number of Members in the Congress of represent all the different groups, from who depend on having safe housing and the United States who have lived in leased housing to housing authorities, affordable housing for them. public housing or their families, such to investment individuals, to Realtors, I would simply like to say that often- as my family has lived in public hous- to you name it. times people who live in public housing ing. We have yet to receive a single letter have been demonized. There are folks I want him to know I have watched against this proposal. So I think you who think, oh, they could do better if public housing that has been very help- can see that we managed to find the they wanted to. There are people who ful. I have watched public housing that right balance with the bill, to find the say that they don’t want to remove has provided safe, decent, and secure middle ground where we can all agree themselves from public housing. opportunities for the people who live that we can accept the provisions that I would like to have people know there. But I have also watched public we have. that many of the folks that I have housing when it didn’t work. In the bill, we have done things with known who live in public housing work The Pruitt-Igoe in St. Louis, Mis- flexibility that people within the dif- every day for minimum wages. Many of souri, was an example of what didn’t ferent housing authorities have asked them are trying very hard to be inde- work. I was in that city when it was for who manage these things to be able pendent. Many of them would like to torn down. The space that it occupied to do things more efficiently, more ef- have job training. Many of them would is still vacant in that city. It should be fectively. like to have more support for childcare a space where we had additional public We got rid of duplicative rules. We efforts. Many of them are working to housing that would support the fami- get their GEDs. Many of them have re- built the condos up so they could now lies who so desperately need it. be part of the program. We have cut turned to school. So I don’t take this bill lightly. I For the people who live in public the costs not by cutting programs, but don’t think about this as just another by cutting out the waste and the dupli- housing, they don’t need to feel that piece of legislation that we happen to somehow they are getting something cative rules and have given flexibility get passed here in Congress, even with to those groups that need it to be able they don’t deserve. bipartisan support. I am proud of this government, and I to do the job. I think of this as an important step am proud of this country that will pro- Is this an end-all, be-all? No. We have and a statement, a statement that says vide a safety net for the least of these a lot more to do. We recognize that. both sides of the aisle understand hous- and safe public housing to those who This is a good first step. We believe ing, both sides of the aisle would like cannot afford market-rate housing. that we need to be empowering people to continue to do the best job that they I want our Congress to continue to and enabling people to be able to do can do to provide safe and secure hous- see how we can do a better job even of better and help themselves. We believe ing, and that we are not going to stand providing safe and secure housing for that, when it comes to housing, it is by and watch homelessness continue to those who cannot afford it. not just a place to live, but people need grow. I want us to be able to provide addi- to have a place to have a life. tional support to those who live in pub- It was mentioned several times throughout this debate—maybe here I yield back the balance of my time. lic housing, for those who are saying to Mr. CAPUANO. Mr. Chair, I have a question us: Help me with job training. Help me today and when we were in com- mittee—that, in Los Angeles County, for the bill’s managers regarding the project- to ensure that my children can get the based voucher provisions. The bill generally kind of support living in public housing homelessness has increased by 20 per- cent. People are sleeping on the side- limits a public housing agency’s use of vouch- that will give them access to a good er funds for project-based vouchers to 20 per- education. Help us to have better walks all the way up to city hall. We cannot abide that. We cannot stand by cent of the authorized voucher units for the health care so we can be better able to agency, but contains an exception among oth- go out and take jobs to support our and watch that happen. ers providing that units of project-based assist- families. Help us to aspire to move up- While I am pointing to Los Angeles ance that are attached to units previously re- ward and out, even. Help us to under- County, there are many areas all ceiving another type of long-term subsidy pro- stand what is available to us out there. across this Nation where homelessness vided by HUD will not count against this limita- When we seek out help for our prob- is shameful and unconscionable. I am tion. lems, don’t look at us as if we are peo- very pleased and proud that we are ple who are not investing in ourselves, sending a signal here today that we We have an exciting initiative in Boston that who are not relying on our own abili- won’t stand for it. would replace our 75-year-old Charlestown ties. Simply see us as Americans who I yield back the balance of my time. public housing development with a substan- would like to do better. See us as Mr. LUETKEMEYER. Mr. Chairman, tially larger, new construction mixed-income Americans who unfortunately find our- I yield myself such time as I may con- community on the same site. The public hous- selves in situations where we can’t do sume. ing units are to be fully replaced with project- better for now, but we are looking for I want to close with a few remarks based vouchers. This will require a large com- the opportunity to do better and to here. It won’t take very long. mitment of project-based vouchers by the Bos- have more and to enjoy everything I think you can see that this is a very ton Housing Authority, which would reduce the that this country has to offer. important and, also, very emotional BHA’s flexibility to commit project-based So as we support this legislation issue for many, many people and it is vouchers elsewhere as needed if the Charles- today—and I support it—I am opti- extremely important for those folks town commitment is not covered by the excep- mistic about the fact that this is going who are in and around and utilize pub- tion. Is it the intention of the bill’s managers to make a lot of lives better, but I am lic housing. that the commitment of project-based vouch- also optimistic that this is really a be- In putting this bill together, we tried ers to replace the former public housing units ginning for how we can begin to not to listen to all the different parties as in a newly constructed development such as only give support, but involve tenants well as both sides of the aisle and ad- this would fall within the bill’s exception for in how they can help to make decisions dress all the concerns that everybody units attached to units previously receiving an- about the units that they are living in had. We have a few amendments to go other type of long-term HUD subsidy? and how they can serve on the boards here, but I think we are going to work Mr. LUETKEMEYER. Mr. Chair, Congress- that oversee them, how they can be a through those pretty quickly. man CAPUANO has asked whether it is the in- part of government, helping us to un- I think you can see from the support tention of the bill’s managers that the commit- derstand how we can do a better job that we have seen on both sides of the ment of project-based vouchers to replace the with the authority that they have aisle today, from the discussions we former public housing units in a newly con- given us. have had that we have come to an structed development such as one he de- So I am very proud. I am very agreement on what is in the provisions scribed in Boston would fall within the bill’s ex- pleased. I thank Mr. CLEAVER and Mr. of this bill. ception for units attached to units previously

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K02FE7.036 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H459 receiving another type of long-term HUD sub- Sec. 503. Data exchange standardization for im- 30 days after such notice has been provided or sidy. The answer is yes. It is the managers’ in- proved interoperability. such other reasonable longer period as the pub- tention that the replacement units for the cur- TITLE I—SECTION 8 RENTAL ASSISTANCE lic housing agency may establish. AND PUBLIC HOUSING ‘‘(ii) WITHHOLDING OF ASSISTANCE AMOUNTS rent public housing units would be covered by DURING CORRECTION.—The public housing agen- the bill’s exception for units previously receiv- SEC. 101. INSPECTION OF DWELLING UNITS. cy may withhold assistance amounts under this ing long-term HUD assistance, and thus that (a) IN GENERAL.—Section 8(o)(8) of the United subsection with respect to a dwelling unit for commitment of project-based vouchers to such States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)) which a notice pursuant to clause (i)(II), of fail- units would not count against the 20 percent is amended— ure to comply with housing quality standards (1) by striking subparagraph (A) and inserting limitation. under subparagraph (B) as determined pursuant the following new subparagraph: to an inspection conducted under subparagraph The Acting CHAIR. All time for gen- ‘‘(A) INITIAL INSPECTION.— eral debate has expired. (D) or (F), has been provided. If the unit is ‘‘(i) IN GENERAL.—For each dwelling unit for brought into compliance with such housing Pursuant to the rule, the bill shall be which a housing assistance payment contract is quality standards during the periods referred to considered for amendment under the 5- established under this subsection, the public in clause (i)(III), the public housing agency minute rule. housing agency (or other entity pursuant to shall recommence assistance payments and may In lieu of the amendment in the na- paragraph (11)) shall inspect the unit before use any amounts withheld during the correction ture of a substitute recommended by any assistance payment is made to determine period to make assistance payments relating to the Committee on Financial Services, whether the dwelling unit meets the housing the period during which payments were with- quality standards under subparagraph (B), ex- printed in the bill, it shall be in order held. cept as provided in clause (ii) or (iii) of this sub- ‘‘(iii) ABATEMENT OF ASSISTANCE AMOUNTS.— to consider as an original bill for the paragraph. The public housing agency shall abate all of the purpose of amendment under the 5- ‘‘(ii) CORRECTION OF NON-LIFE-THREATENING assistance amounts under this subsection with minute rule an amendment in the na- CONDITIONS.—In the case of any dwelling unit respect to a dwelling unit that is determined, ture of a substitute consisting of the that is determined, pursuant to an inspection pursuant to clause (i) of this subparagraph, to text of Rules Committee print 114–42. under clause (i), not to meet the housing quality be in noncompliance with housing quality That amendment in the nature of a standards under subparagraph (B), assistance standards under subparagraph (B). Upon com- substitute shall be considered as read. payments may be made for the unit notwith- pletion of repairs by the public housing agency The text of the amendment in the na- standing subparagraph (C) if failure to meet or the owner sufficient so that the dwelling unit such standards is a result only of non-life- complies with such housing quality standards, ture of a substitute is as follows: threatening conditions, as such conditions are the agency shall recommence payments under H.R. 3700 established by the Secretary. A public housing the housing assistance payments contract to the Be it enacted by the Senate and House of Rep- agency making assistance payments pursuant to owner of the dwelling unit. resentatives of the United States of America in this clause for a dwelling unit shall, 30 days ‘‘(iv) NOTIFICATION.—If a public housing Congress assembled, after the beginning of the period for which such agency providing assistance under this sub- SECTION 1. SHORT TITLE AND TABLE OF CON- payments are made, withhold any assistance section abates rental assistance payments pur- TENTS. payments for the unit if any deficiency resulting suant to clause (iii) with respect to a dwelling (a) SHORT TITLE.—This Act may be cited as in noncompliance with the housing quality unit, the agency shall, upon commencement of the ‘‘Housing Opportunity Through Moderniza- standards has not been corrected by such time. such abatement— tion Act of 2015’’. The public housing agency shall recommence as- ‘‘(I) notify the tenant and the owner of the (b) TABLE OF CONTENTS.—The table of con- sistance payments when such deficiency has dwelling unit that— tents for this Act is as follows: been corrected, and may use any payments ‘‘(aa) such abatement has commenced; and ‘‘(bb) if the dwelling unit is not brought into Sec. 1. Short title and table of contents. withheld to make assistance payments relating compliance with housing quality standards TITLE I—SECTION 8 RENTAL ASSISTANCE to the period during which payments were with- within 60 days after the effective date of the de- AND PUBLIC HOUSING held. termination of noncompliance under clause (i) ‘‘(iii) USE OF ALTERNATIVE INSPECTION METH- Sec. 101. Inspection of dwelling units. or such reasonable longer period as the agency OD FOR INTERIM PERIOD.—In the case of any Sec. 102. Income reviews. may establish, the tenant will have to move; and Sec. 103. Limitation on public housing tenancy property that within the previous 24 months has ‘‘(II) issue the tenant the necessary forms to for over-income families. met the requirements of an inspection that allow the tenant to move to another dwelling Sec. 104. Limitation on eligibility for assistance qualifies as an alternative inspection method unit and transfer the rental assistance to that based on assets. pursuant to subparagraph (E), a public housing unit. Sec. 105. Units owned by public housing agen- agency may authorize occupancy before the in- ‘‘(v) PROTECTION OF TENANTS.—An owner of a cies. spection under clause (i) has been completed, dwelling unit may not terminate the tenancy of Sec. 106. PHA project-based assistance. and may make assistance payments retroactive any tenant because of the withholding or abate- Sec. 107. Establishment of fair market rent. to the beginning of the lease term after the unit ment of assistance pursuant to this subpara- Sec. 108. Collection of utility data. has been determined pursuant to an inspection graph. During the period that assistance is Sec. 109. Public housing Capital and Operating under clause (i) to meet the housing quality Funds. abated pursuant to this subparagraph, the ten- standards under subparagraph (B). This clause ant may terminate the tenancy by notifying the Sec. 110. Family unification program for chil- may not be construed to exempt any dwelling dren aging out of foster care. owner. unit from compliance with the requirements of ‘‘(vi) TERMINATION OF LEASE OR ASSISTANCE TITLE II—RURAL HOUSING subparagraph (D).’’; PAYMENTS CONTRACT.—If assistance amounts Sec. 201. Delegation of guaranteed rural hous- (2) by redesignating subparagraph (G) as sub- under this section for a dwelling unit are abated ing loan approval. paragraph (H); and pursuant to clause (iii) and the owner does not TITLE III—FHA MORTGAGE INSURANCE (3) by inserting after subparagraph (F) the correct the noncompliance within 60 days after FOR CONDOMINIUMS following new subparagraph: the effective date of the determination of non- Sec. 301. Modification of FHA requirements for ‘‘(G) ENFORCEMENT OF HOUSING QUALITY compliance under clause (i), or such other rea- mortgage insurance for condomin- STANDARDS.— sonable longer period as the public housing iums. ‘‘(i) DETERMINATION OF NONCOMPLIANCE.—A agency may establish, the agency shall termi- dwelling unit that is covered by a housing as- nate the housing assistance payments contract TITLE IV—HOUSING REFORMS FOR THE sistance payments contract under this sub- HOMELESS AND FOR VETERANS for the dwelling unit. section shall be considered, for purposes of sub- ‘‘(vii) RELOCATION.— Sec. 401. Definition of geographic area for Con- paragraphs (D) and (F), to be in noncompliance ‘‘(I) LEASE OF NEW UNIT.—The agency shall tinuum of Care Program. with the housing quality standards under sub- provide the family residing in such a dwelling Sec. 402. Inclusion of public housing agencies paragraph (B) if— unit a period of 90 days or such longer period as and local redevelopment authori- ‘‘(I) the public housing agency or an inspector the public housing agency determines is reason- ties in emergency solutions grants. authorized by the State or unit of local govern- ably necessary to lease a new unit, beginning Sec. 403. Special assistant for Veterans Affairs ment determines upon inspection of the unit upon termination of the contract, to lease a new in the Department of Housing and that the unit fails to comply with such stand- residence with tenant-based rental assistance Urban Development. ards; under this section. Sec. 404. Annual supplemental report on vet- ‘‘(II) the agency or inspector notifies the ‘‘(II) AVAILABILITY OF PUBLIC HOUSING erans homelessness. owner of the unit in writing of such failure to UNITS.—If the family is unable to lease such a TITLE V—MISCELLANEOUS comply; and new residence during such period, the public Sec. 501. Inclusion of Disaster Housing Assist- ‘‘(III) the failure to comply is not corrected— housing agency shall, at the option of the fam- ance Program in certain fraud ‘‘(aa) in the case of any such failure that is ily, provide such family a preference for occu- and abuse prevention measures. a result of life-threatening conditions, within 24 pancy in a dwelling unit of public housing that Sec. 502. Energy efficiency requirements under hours after such notice has been provided; and is owned or operated by the agency that first be- Self-Help Homeownership Oppor- ‘‘(bb) in the case of any such failure that is a comes available for occupancy after the expira- tunity program. result of non-life-threatening conditions, within tion of such period.

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‘‘(III) ASSISTANCE IN FINDING UNIT.—The pub- ‘‘(7) CALCULATION OF INCOME.— hold or spouse of the head of the household, lic housing agency may provide assistance to ‘‘(A) USE OF CURRENT YEAR INCOME.—In de- plus unearned income by or on behalf of each the family in finding a new residence, including termining family income for initial occupancy or dependent who is less than 18 years of age, as use of up to two months of any assistance provision of housing assistance pursuant to determined in accordance with criteria pre- amounts withheld or abated pursuant to clause clause (i) of paragraph (6)(A) or pursuant to re- scribed by the Secretary, in consultation with (ii) or (iii), respectively, for costs directly associ- views pursuant to clause (iii) or (iv) of such the Secretary of Agriculture, subject to the fol- ated with relocation of the family to a new resi- paragraph, a public housing agency or owner lowing requirements: dence, which shall include security deposits as shall use the income of the family as estimated ‘‘(A) INCLUDED AMOUNTS.—Such term includes necessary and may include reimbursements for by the agency or owner for the upcoming year. recurring gifts and receipts, actual income from reasonable moving expenses incurred by the ‘‘(B) USE OF PRIOR YEAR INCOME.—In deter- assets, and profit or loss from a business. household, as established by the Secretary. The mining family income for annual reviews pursu- ‘‘(B) EXCLUDED AMOUNTS.—Such term does agency may require that a family receiving as- ant to paragraph (6)(A)(ii), a public housing not include— sistance for a security deposit shall remit, to the agency or owner shall, except as otherwise pro- ‘‘(i) any imputed return on assets, except to extent of such assistance, the amount of any se- vided in this paragraph and paragraph (1), use the extent that net family assets exceed $50,000, except that such amount (as it may have been curity deposit refunds made by the owner of the the income of the family as determined by the previously adjusted) shall be adjusted for infla- dwelling unit for which the lease was termi- agency or owner for the preceding year, taking tion annually by the Secretary in accordance nated. into consideration any redetermination of in- with an inflationary index selected by the Sec- ‘‘(viii) TENANT-CAUSED DAMAGES.—If a public come during such prior year pursuant to clause housing agency determines that any damage to (iii) or (iv) of paragraph (6)(A). retary; ‘‘(ii) any amounts that would be eligible for a dwelling unit that results in a failure of the ‘‘(C) OTHER INCOME.—In determining the in- exclusion under section 1613(a)(7) of the Social dwelling unit to comply with housing quality come for any family based on the prior year’s income, with respect to prior year calculations Security Act (42 U.S.C. 1382b(a)(7)); standards under subparagraph (B), other than ‘‘(iii) deferred disability benefits from the De- of income not subject to subparagraph (B), a any damage resulting from ordinary use, was partment of Veterans Affairs that are received public housing agency or owner may make other caused by the tenant, any member of the ten- in a lump sum amount or in prospective monthly adjustments as it considers appropriate to reflect ant’s household, or any guest or other person amounts; under the tenant’s control, the agency may current income. ‘‘(iv) any expenses related to aid and attend- ‘‘(D) SAFE HARBOR.—A public housing agency waive the applicability of this subparagraph, ance under section 1521 of title 38, United States except that this clause shall not exonerate a or owner may, to the extent such information is Code, to veterans who are in need of regular aid tenant from any liability otherwise existing available to the public housing agency or and attendance; and under applicable law for damages to the prem- owner, determine the family’s income prior to ‘‘(v) exclusions from income as established by ises caused by such tenant. the application of any deductions based on the Secretary by regulation or notice, or any ‘‘(ix) APPLICABILITY.—This subparagraph timely income determinations made for purposes amount required by Federal law to be excluded shall apply to any dwelling unit for which a of other means-tested Federal public assistance from consideration as income. housing assistance payments contract is entered programs (including the program for block ‘‘(C) EARNED INCOME OF STUDENTS.—Such into or renewed after the date of the effective- grants to States for temporary assistance for term does not include— ness of the regulations implementing this sub- needy families under part A of title IV of the So- ‘‘(i) earned income, up to an amount as the paragraph.’’. cial Security Act, a program for Medicaid assist- Secretary may by regulation establish, of any (b) EFFECTIVE DATE.—The Secretary of Hous- ance under a State plan approved under title dependent earned during any period that such ing and Urban Development shall issue notice or XIX of the Social Security Act, and the supple- dependent is attending school or vocational regulations to implement subsection (a) of this mental nutrition assistance program (as such training on a full-time basis; or section and such subsection shall take effect term is defined in section 3 of the Food and Nu- ‘‘(ii) any grant-in-aid or scholarship amounts upon such issuance. trition Act of 2008 (7 U.S.C. 2012))). The Sec- related to such attendance used— SEC. 102. INCOME REVIEWS. retary shall, in consultation with other appro- ‘‘(I) for the cost of tuition or books; or ‘‘(II) in such amounts as the Secretary may (a) INCOME REVIEWS FOR PUBLIC HOUSING AND priate Federal agencies, develop procedures to allow, for the cost of room and board. SECTION 8 PROGRAMS.—Section 3 of the United enable public housing agencies and owners to ‘‘(D) EDUCATIONAL SAVINGS ACCOUNTS.—In- States Housing Act of 1937 (42 U.S.C. 1437a) is have access to such income determinations made by other means-tested Federal programs that the come shall be determined without regard to any amended— amounts in or from, or any benefits from, any (1) in subsection (a)— Secretary determines to have comparable reli- Coverdell education savings account under sec- (A) in the second sentence of paragraph (1), ability. Exchanges of such information shall be tion 530 of the Internal Revenue Code of 1986 or by striking ‘‘at least annually’’ and inserting subject to the same limitations and tenant pro- any qualified tuition program under section 529 ‘‘pursuant to paragraph (6)’’; and tections provided under section 904 of the Stew- of such Code. (B) by adding at the end the following new art B. McKinney Homeless Assistance Act ‘‘(E) RECORDKEEPING.—The Secretary may not paragraphs: Amendments of 1988 (42 U.S.C. 3544) with re- require a public housing agency or owner to ‘‘(6) REVIEWS OF FAMILY INCOME.— spect to information obtained under the require- maintain records of any amounts excluded from ‘‘(A) FREQUENCY.—Reviews of family income ments of section 303(i) of the Social Security Act income pursuant to this subparagraph. for purposes of this section shall be made— (42 U.S.C. 503(i)). ‘‘(5) ADJUSTED INCOME.—The term ‘adjusted ‘‘(i) in the case of all families, upon the initial ‘‘(E) PHA AND OWNER COMPLIANCE.—A public income’ means, with respect to a family, the provision of housing assistance for the family; housing agency or owner may not be considered amount (as determined by the public housing ‘‘(ii) annually thereafter, except as provided to fail to comply with this paragraph or para- agency or owner) of the income of the members in paragraph (1) with respect to fixed-income graph (6) due solely to any de minimis errors of the family residing in a dwelling unit or the families; made by the agency or owner in calculating persons on a lease, after any deductions from ‘‘(iii) upon the request of the family, at any family incomes.’’; time the income or deductions (under subsection income as follows: (2) by striking subsections (d) and (e); and ‘‘(A) ELDERLY AND DISABLED FAMILIES.—$525 (b)(5)) of the family change by an amount that (3) by redesignating subsection (f) as sub- in the case of any family that is an elderly fam- is estimated to result in a decrease of 10 percent section (d). ily or a disabled family. (or such lower amount as the Secretary may, by (b) CERTIFICATION REGARDING HARDSHIP EX- ‘‘(B) DEPENDENTS.—In the case of any family, notice, establish, or permit the public housing CEPTION TO MINIMUM MONTHLY RENT.—Not $525 for each member who— agency or owner to establish) or more in annual later than the expiration of the 6-month period ‘‘(i) is less than 18 years of age or attending adjusted income; and beginning on the date of the enactment of this school or vocational training on a full-time ‘‘(iv) at any time the income or deductions Act, the Secretary of Housing and Urban Devel- basis; or (under subsection (b)(5)) of the family change opment shall submit to the Congress a certifi- ‘‘(ii) is a person who is 18 years of age or by an amount that is estimated to result in an cation that the hardship and tenant protection older, resides in the household, and is certified increase of 10 percent or more in annual ad- provisions in clause (i) of section 3(a)(3)(B) of as disabled and unable to work by the public justed income, or such other amount as the Sec- the United States Housing Act of 1937 (42 U.S.C. housing agency of jurisdiction. retary may by notice establish, except that any 1437a(a)(3)(B)(i)) are being enforced at such ‘‘(C) CHILD CARE.—The amount, if any, that increase in the earned income of a family shall time and that the Secretary will continue to pro- exceeds 5 percent of annual family income that not be considered for purposes of this clause (ex- vide due consideration to the hardship cir- is used to pay for unreimbursed child care ex- cept that earned income may be considered if cumstances of persons assisted under relevant penses, which shall include child care for pre- the increase corresponds to previous decreases programs of this Act. school-age children, for before- and after-care under clause (iii)), except that a public housing (c) INCOME; ADJUSTED INCOME.—Section 3(b) for children in school, and for other child care agency or owner may elect not to conduct such of the United States Housing Act of 1937 (42 necessary to enable a member of the family to be review in the last three months of a certification U.S.C. 1437a(b)) is amended by striking para- employed or further his or her education. period. graphs (4) and (5) and inserting the following ‘‘(D) HEALTH AND MEDICAL EXPENSES.—The ‘‘(B) IN GENERAL.—Reviews of family income new paragraphs: amount, if any, by which 10 percent of annual for purposes of this section shall be subject to ‘‘(4) INCOME.—The term ‘income’ means, with family income is exceeded by the sum of— the provisions of section 904 of the Stewart B. respect to a family, income received from all ‘‘(i) in the case of any elderly or disabled fam- McKinney Homeless Assistance Amendments Act sources by each member of the household who is ily, any unreimbursed health and medical care of 1988 (42 U.S.C. 3544). 18 years of age or older or is the head of house- expenses; and

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‘‘(ii) any unreimbursed reasonable attendant during the first year in which such subsections ‘‘(E) REPORTS ON OVER-INCOME FAMILIES AND care and auxiliary apparatus expenses for each are implemented, the Secretary may make ap- WAITING LISTS.—The Secretary shall require that handicapped member of the family, if deter- propriate adjustments in the formula income for each public housing agency shall— mined necessary by the public housing agency such year of those agencies experiencing such a ‘‘(i) submit a report annually, in a format re- or owner to enable any member of such family reduction. quired by the Secretary, that specifies— to be employed. (2) HUD REPORTS ON REVENUE AND COST IM- ‘‘(I) the number of families residing, as of the The Secretary shall, by regulation, provide PACT.—In each of the first two years after the end of the year for which the report is sub- hardship exemptions to the requirements of this first year in which subsections (a) through (e) mitted, in public housing administered by the subparagraph and subparagraph (C) for im- are implemented, the Secretary of Housing and agency who had incomes exceeding the applica- pacted families who demonstrate an inability to Urban Development shall submit a report to ble income limitation under subparagraph (C); pay calculated rents because of financial hard- Congress identifying and calculating the impact and of changes made by such subsections and sec- ship. Such regulations shall include a require- ‘‘(II) the number of families, as of the end of tion 104 of this Act on the revenues and costs of ment to notify tenants regarding any changes to such year, on the waiting lists for admission to operating public housing units, the voucher pro- the determination of adjusted income pursuant public housing projects of the agency; and gram for rental assistance under section 8 of the to such subparagraphs based on the determina- ‘‘(ii) make the information reported pursuant United States Housing Act of 1937, and the pro- tion of the family’s claim of financial hardship to clause (i) publicly available.’’. gram under such section 8 for project-based exemptions required by the preceding sentence. SEC. 104. LIMITATION ON ELIGIBILITY FOR AS- rental assistance. If such report identifies a ma- Such regulations shall be promulgated in con- SISTANCE BASED ON ASSETS. terial reduction in the net income of public sultation with tenant organizations, industry Section 16 of the United States Housing Act of housing agencies nationwide or a material in- participants, and the Secretary of Health and 1937 (42 U.S.C. 1437n) is amended by inserting crease in the costs of funding the voucher pro- after subsection (d) the following new sub- Human Services, with an adequate comment pe- gram or the project-based assistance program, riod provided for interested parties. section: the Secretary shall include in such report rec- ‘‘(e) ELIGIBILITY FOR ASSISTANCE BASED ON ‘‘(E) PERMISSIVE DEDUCTIONS.—Such addi- ommendations for legislative changes to reduce tional deductions as a public housing agency ASSETS.— or eliminate such a reduction. ‘‘(1) LIMITATION ON ASSETS.—Subject to para- may, at its discretion, establish, except that the (h) EFFECTIVE DATE.—The Secretary of Hous- Secretary shall establish procedures to ensure graph (3) and notwithstanding any other provi- ing and Urban Development shall issue notice or sion of this Act, a dwelling unit assisted under that such deductions do not materially increase regulations to implement this section and this Federal expenditures. this Act may not be rented and assistance under section shall take effect after such issuance, ex- this Act may not be provided, either initially or The Secretary shall annually calculate the cept that this section may only take effect upon at each recertification of family income, to any amounts of the deductions under subparagraphs the commencement of a calendar year. family— (A) and (B), as such amounts may have been SEC. 103. LIMITATION ON PUBLIC HOUSING TEN- ‘‘(A) whose net family assets exceed $100,000, previously calculated, by applying an infla- ANCY FOR OVER-INCOME FAMILIES. as such amount is adjusted annually by apply- tionary factor as the Secretary shall, by regula- Subsection (a) of section 16 of the United ing an inflationary factor as the Secretary con- tion, establish, except that the actual deduction States Housing Act of 1937 (42 U.S.C. 1437n(a)) siders appropriate; or determined for each year shall be established by is amended by adding at the end the following ‘‘(B) who has a present ownership interest in, rounding such amount to the next lowest mul- new paragraph: a legal right to reside in, and the effective legal ‘‘(5) LIMITATIONS ON TENANCY FOR OVER-IN- tiple of $25.’’. authority to sell, real property that is suitable COME FAMILIES.— (d) HOUSING CHOICE VOUCHER PROGRAM.— for occupancy by the family as a residence, ex- Section 8(o) of the United States Housing Act of ‘‘(A) LIMITATIONS.—Except as provided in subparagraph (D), in the case of any family re- cept that the prohibition under this subpara- 1937 (42 U.S.C. 1437f(o)) is amended— graph shall not apply to— (1) in paragraph (1)(D), by inserting before siding in a dwelling unit of public housing whose income for the most recent two consecu- ‘‘(i) any property for which the family is re- the period at the end the following: ‘‘, except ceiving assistance under subsection (y) or (o)(12) that a public housing agency may establish a tive years, as determined pursuant to income re- views conducted pursuant to section 3(a)(6), has of section 8 of this Act; payment standard of not more than 120 percent ‘‘(ii) any person that is a victim of domestic of the fair market rent where necessary as a exceeded the applicable income limitation under subparagraph (C), the public housing agency violence; or reasonable accommodation for a person with a ‘‘(iii) any family that is offering such property disability, without approval of the Secretary. A shall— ‘‘(i) notwithstanding any other provision of for sale. public housing agency may use a payment this Act, charge such family as monthly rent for ‘‘(2) NET FAMILY ASSETS.— standard that is greater than 120 percent of the the unit occupied by such family an amount ‘‘(A) IN GENERAL.—For purposes of this sub- fair market rent as a reasonable accommodation equal to the greater of— section, the term ‘net family assets’ means, for for a person with a disability, but only with the ‘‘(I) the applicable fair market rental estab- all members of the household, the net cash value approval of the Secretary. In connection with lished under section 8(c) for a dwelling unit in of all assets after deducting reasonable costs the use of any increased payment standard es- the same market area of the same size; or that would be incurred in disposing of real tablished or approved pursuant to either of the ‘‘(II) the amount of the monthly subsidy pro- property, savings, stocks, bonds, and other preceding two sentences as a reasonable accom- vided under this Act for the dwelling unit, forms of capital investment. Such term does not modation for a person with a disability, the Sec- which shall include any amounts from the Oper- include interests in Indian trust land, equity in retary may not establish additional require- ating Fund and Capital Fund under section 9 property for which the family is receiving assist- ments regarding the amount of adjusted income used for the unit, as determined by the agency ance under subsection (y) or (o)(12) of section 8, paid by such person for rent’’; and in accordance with regulations that the Sec- equity accounts in homeownership programs of (2) in paragraph (5)— retary shall issue to carry out this subclause; or the Department of Housing and Urban Develop- (A) in the paragraph heading, by striking ‘‘(ii) terminate the tenancy of such family in ment, or Family Self Sufficiency accounts. ‘‘ANNUAL REVIEW’’ and inserting ‘‘REVIEWS’’; public housing not later than 6 months after the ‘‘(B) EXCLUSIONS.—Such term does not in- (B) in subparagraph (A)— income determination described in subparagraph clude— (i) by striking ‘‘the provisions of’’ and insert- (A). ‘‘(i) the value of personal property, except for ing ‘‘paragraphs (1), (6), and (7) of section 3(a) ‘‘(B) NOTICE.—In the case of any family resid- items of personal property of significant value, and to’’; and ing in a dwelling unit of public housing whose as the Secretary may establish or the public (ii) by striking ‘‘and shall be conducted’’ and income for a year has exceeded the applicable housing agency may determine; all that follows through the end of the subpara- income limitation under subparagraph (C), upon ‘‘(ii) the value of any retirement account; graph and inserting a period; and the conclusion of such year the public housing ‘‘(iii) real property for which the family does (C) in subparagraph (B), by striking the sec- agency shall provide written notice to such fam- not have the effective legal authority necessary ond sentence. ily of the requirements under subparagraph (A). to sell such property; (e) ENHANCED VOUCHER PROGRAM.—Section ‘‘(C) INCOME LIMITATION.—The income limita- ‘‘(iv) any amounts recovered in any civil ac- 8(t)(1)(D) of the United States Housing Act of tion under this subparagraph shall be 120 per- tion or settlement based on a claim of mal- 1937 (42 U.S.C. 1437f(t)(1)(D)) is amended by cent of the median income for the area, as deter- practice, negligence, or other breach of duty striking ‘‘income’’ each place such term appears mined by the Secretary with adjustments for owed to a member of the family and arising out and inserting ‘‘annual adjusted income’’. smaller and larger families, except that the Sec- of law, that resulted in a member of the family (f) PROJECT-BASED HOUSING.—Paragraph (3) retary may establish income limitations higher being disabled; of section 8(c) of the United States Housing Act or lower than 120 percent of such median income ‘‘(v) the value of any Coverdell education sav- of 1937 (42 U.S.C. 1437f(c)(3)) is amended by on the basis of the Secretary’s findings that ings account under section 530 of the Internal striking the last sentence. such variations are necessary because of pre- Revenue Code of 1986 or any qualified tuition (g) IMPACT ON PUBLIC HOUSING REVENUES.— vailing levels of construction costs, or unusually program under section 529 of such Code; and (1) ADJUSTMENTS TO OPERATING FORMULA.—If high or low family incomes, vacancy rates, or ‘‘(vi) such other exclusions as the Secretary the Secretary of Housing and Urban Develop- rental costs. may establish. ment determines that the application of sub- ‘‘(D) EXCEPTION.—Subparagraph (A) shall not ‘‘(C) TRUST FUNDS.—In cases in which a trust sections (a) through (e) of this section results in apply to a family occupying a dwelling unit in fund has been established and the trust is not a material and disproportionate reduction in the public housing pursuant to paragraph (5) of sec- revocable by, or under the control of, any mem- rental income of certain public housing agencies tion 3(a) (42 U.S.C. 1437a(a)(5)). ber of the family or household, the value of the

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A02FE7.018 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H462 CONGRESSIONAL RECORD — HOUSE February 2, 2016 trust fund shall not be considered an asset of a unit, or holds a non-controlling interest in an additional requirements for monitoring and family if the fund continues to be held in trust. entity which owns the unit or in the managing oversight of projects in which more than 40 per- Any income distributed from the trust fund shall member or general partner of an entity which cent of the dwelling units are assisted under a be considered income for purposes of section 3(b) owns the unit.’’. housing assistance payment contract for project- and any calculations of annual family income, SEC. 106. PHA PROJECT-BASED ASSISTANCE. based assistance pursuant to this paragraph.’’; except in the case of medical expenses for a (a) IN GENERAL.—Paragraph (13) of section (4) by striking subparagraph (F) and inserting minor. 8(o) of the United States Housing Act of 1937 (42 the following new subparagraph: ‘‘(3) SELF-CERTIFICATION.— U.S.C. 1437f(o)(13)) is amended— ‘‘(F) CONTRACT TERM.— ‘‘(A) NET FAMILY ASSETS.—A public housing (1) by striking ‘‘structure’’ each place such ‘‘(i) TERM.—A housing assistance payment agency or owner may determine the net assets of term appears and inserting ‘‘project’’; contract pursuant to this paragraph between a a family, for purposes of this section, based on (2) by striking subparagraph (B) and inserting public housing agency and the owner of a a certification by the family that the net assets the following new subparagraph: project may have a term of up to 20 years, sub- of such family do not exceed $50,000, as such ‘‘(B) PERCENTAGE LIMITATION.— ject to— amount is adjusted annually by applying an in- ‘‘(i) IN GENERAL.—Subject to clause (ii), a pub- ‘‘(I) the availability of sufficient appropriated flationary factor as the Secretary considers ap- lic housing agency may use for project-based as- funds for the purpose of renewing expiring con- propriate. sistance under this paragraph not more than 20 tracts for assistance payments, as provided in ‘‘(B) NO CURRENT REAL PROPERTY OWNER- percent of the authorized units for the agency. appropriation Acts and in the agency’s annual SHIP.—A public housing agency or owner may ‘‘(ii) EXCEPTION.—A public housing agency contributions contract with the Secretary, pro- determine compliance with paragraph (1)(B) may use up to an additional 10 percent of the vided that in the event of insufficient appro- based on a certification by the family that such authorized units for the agency for project- priated funds, payments due under contracts family does not have any current ownership in- based assistance under this paragraph, to pro- under this paragraph shall take priority if other terest in any real property at the time the agen- vide units that house individuals and families cost-saving measures that do not require the ter- cy or owner reviews the family’s income. that meet the definition of homeless under sec- mination of an existing contract are available to ‘‘(C) STANDARDIZED FORMS.—The Secretary tion 103 of the McKinney-Vento Homeless As- the agency; and may develop standardized forms for the certifi- sistance Act (42 U.S.C. 11302), that house fami- ‘‘(II) compliance with the inspection require- cations referred to in subparagraphs (A) and lies with veterans, that provide supportive hous- ments under paragraph (8), except that the (B). ing to persons with disabilities or elderly per- agency shall not be required to make biennial ‘‘(4) COMPLIANCE FOR PUBLIC HOUSING DWELL- sons, or that are located in areas where vouch- inspections of each assisted unit in the develop- ING UNITS.—When recertifying family income ers under this subsection are difficult to use, as ment. with respect to families residing in public hous- specified in subparagraph (D)(ii)(II). Any units ‘‘(ii) ADDITION OF ELIGIBLE UNITS.—Subject to ing dwelling units, a public housing agency of project-based assistance that are attached to the limitations of subparagraphs (B) and (D), may, in the discretion of the agency and only units previously subject to federally required the agency and the owner may add eligible units pursuant to a policy that is set forth in the pub- rent restrictions or receiving another type of within the same project to a housing assistance lic housing agency plan under section 5A for the long-term housing subsidy provided by the Sec- payments contract at any time during the term agency, choose not to enforce the limitation retary shall not count toward the percentage thereof without being subject to any additional under paragraph (1). limitation under clause (i) of this subparagraph. competitive selection procedures. ‘‘(5) ENFORCEMENT.—When recertifying the The Secretary may, by regulation, establish ad- ‘‘(iii) HOUSING UNDER CONSTRUCTION OR RE- income of a family residing in a dwelling unit ditional categories for the exception under this CENTLY CONSTRUCTED.—An agency may enter assisted under this Act, a public housing agency clause.’’; into a housing assistance payments contract or owner may choose not to enforce the limita- (3) by striking subparagraph (D) and inserting with an owner for any unit that does not qual- tion under paragraph (1) or may establish ex- the following new subparagraph: ify as existing housing and is under construc- ceptions to such limitation based on eligibility ‘‘(D) INCOME-MIXING REQUIREMENT.— tion or recently has been constructed whether or criteria, but only pursuant to a policy that is set ‘‘(i) IN GENERAL.—Except as provided in not the agency has executed an agreement to forth in the public housing agency plan under clause (ii), not more than the greater of 25 enter into a contract with the owner, provided section 5A for the agency or under a policy dwelling units or 25 percent of the dwelling that the owner demonstrates compliance with adopted by the owner. Eligibility criteria for es- units in any project may be assisted under a applicable requirements prior to execution of the tablishing exceptions may provide for separate housing assistance payment contract for project- housing assistance payments contract. This treatment based on family type and may be based assistance pursuant to this paragraph. clause shall not subject a housing assistance based on different factors, such as age, dis- For purposes of this subparagraph, the term payments contract for existing housing under ability, income, the ability of the family to find ‘project’ means a single building, multiple con- this paragraph to such requirements or other- suitable alternative housing, and whether sup- tiguous buildings, or multiple buildings on con- wise limit the extent to which a unit may be as- portive services are being provided. tiguous parcels of land. sisted as existing housing. ‘‘(6) AUTHORITY TO DELAY EVICTIONS.—In the ‘‘(ii) EXCEPTIONS.— ‘‘(iv) ADDITIONAL CONDITIONS.—The contract case of a family residing in a dwelling unit as- ‘‘(I) CERTAIN FAMILIES.—The limitation under may specify additional conditions, including sisted under this Act who does not comply with clause (i) shall not apply to dwelling units as- with respect to continuation, termination, or ex- the limitation under paragraph (1), the public sisted under a contract that are exclusively piration, and shall specify that upon termi- housing agency or project owner may delay made available to elderly families or to house- nation or expiration of the contract without ex- eviction or termination of the family based on holds eligible for supportive services that are tension, each assisted family may elect to use its such noncompliance for a period of not more made available to the assisted residents of the assistance under this subsection to remain in than 6 months.’’. project, according to standards for such services the same project if its unit complies with the in- SEC. 105. UNITS OWNED BY PUBLIC HOUSING the Secretary may establish. spection requirements under paragraph (8), the AGENCIES. ‘‘(II) CERTAIN AREAS.—With respect to areas rent for the unit is reasonable as required by Paragraph (11) of section 8(o) of the United in which tenant-based vouchers for assistance paragraph (10)(A), and the family pays its re- States Housing Act of 1937 (42 U.S.C. under this subsection are difficult to use, as de- quired share of the rent and the amount, if any, 1437f(o)(11)) is amended— termined by the Secretary, and with respect to by which the unit rent (including the amount (1) by striking ‘‘(11) LEASING OF UNITS OWNED census tracts with a poverty rate of 20 percent allowed for tenant-based utilities) exceeds the BY PHA.—If’’ and inserting the following: or less, clause (i) shall be applied by sub- applicable payment standard.’’; ‘‘(11) LEASING OF UNITS OWNED BY PHA.— stituting ‘40 percent’ for ‘25 percent’, and the (5) in subparagraph (G), by striking ‘‘15 ‘‘(A) INSPECTIONS AND RENT DETERMINA- Secretary may, by regulation, establish addi- years’’ and inserting ‘‘20 years’’; TIONS.—If’’; and tional conditions. (6) by striking subparagraph (I) and inserting (2) by adding at the end the following new ‘‘(III) CERTAIN CONTRACTS.—The limitation the following new subparagraph: subparagraph: under clause (i) shall not apply with respect to ‘‘(I) RENT ADJUSTMENTS.—A housing assist- ‘‘(B) UNITS OWNED BY PHA.—For purposes of contracts or renewal of contracts under which a ance payments contract pursuant to this para- this subsection, the term ‘owned by a public greater percentage of the dwelling units in a graph entered into after the date of the enact- housing agency’ means, with respect to a dwell- project were assisted under a housing assistance ment of the Housing Opportunity Through Mod- ing unit, that the dwelling unit is in a project payment contract for project-based assistance ernization Act of 2015 shall provide for annual that is owned by such agency, by an entity pursuant to this paragraph on the date of the rent adjustments upon the request of the owner, wholly controlled by such agency, or by a lim- enactment of the Housing Opportunity Through except that— ited liability company or limited partnership in Modernization Act of 2015. ‘‘(i) by agreement of the parties, a contract which such agency (or an entity wholly con- ‘‘(IV) CERTAIN PROPERTIES.—Any units of may allow a public housing agency to adjust the trolled by such agency) holds a controlling in- project-based assistance under this paragraph rent for covered units using an operating cost terest in the managing member or general part- that are attached to units previously subject to adjustment factor established by the Secretary ner. A dwelling unit shall not be deemed to be federally required rent restrictions or receiving pursuant to section 524(c) of the Multifamily As- owned by a public housing agency for purposes other project-based assistance provided by the sisted Housing Reform and Affordability Act of of this subsection because the agency holds a fee Secretary shall not count toward the percentage 1997 (which shall not result in a negative ad- interest as ground lessor in the property on limitation imposed by this subparagraph (D). justment), in which case the contract may re- which the unit is situated, holds a security in- ‘‘(iii) ADDITIONAL MONITORING AND OVERSIGHT quire an additional adjustment, if requested, up terest under a mortgage or deed of trust on the REQUIREMENTS.—The Secretary may establish to the reasonable rent periodically during the

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term of the contract, and shall require such an SEC. 107. ESTABLISHMENT OF FAIR MARKET ‘‘(1) IN GENERAL.—Public housing agencies adjustment, if requested, upon extension pursu- RENT. shall be permitted to establish a replacement re- ant to subparagraph (G); (a) IN GENERAL.—Paragraph (1) of section 8(c) serve to fund any of the capital activities listed ‘‘(ii) the adjusted rent shall not exceed the of the United States Housing Act of 1937 (42 in subsection (d)(1). maximum rent permitted under subparagraph U.S.C. 1437f(c)(1)) is amended— ‘‘(2) SOURCE AND AMOUNT OF FUNDS FOR RE- (H); (1) by inserting ‘‘(A)’’ after the paragraph PLACEMENT RESERVE.—At any time, a public ‘‘(iii) the contract may provide that the max- designation; housing agency may deposit funds from such imum rent permitted for a dwelling unit shall (2) by striking the fourth, seventh, eighth, agency’s Capital Fund into a replacement re- not be less than the initial rent for the dwelling and ninth sentences; and serve, subject to the following: unit under the initial housing assistance pay- (3) by adding at the end the following: ‘‘(A) At the discretion of the Secretary, public ments contract covering the units; and ‘‘(B) Fair market rentals for an area shall be housing agencies may transfer and hold in a re- ‘‘(iv) the provisions of subsection (c)(2)(C) published not less than annually by the Sec- placement reserve funds originating from addi- shall not apply.’’; retary on the site of the Department on the tional sources. (7) in subparagraph (J)— World Wide Web and in any other manner spec- ‘‘(B) No minimum transfer of funds to a re- (A) in the first sentence— placement reserve shall be required. (i) by striking ‘‘shall’’ and inserting ‘‘may’’; ified by the Secretary. Notice that such fair market rentals are being published shall be pub- ‘‘(C) At any time, a public housing agency and may not hold in a replacement reserve more (ii) by inserting before the period the fol- lished in the Federal Register, and such fair than the amount the public housing authority lowing: ‘‘or may permit owners to select appli- market rentals shall become effective no earlier has determined necessary to satisfy the antici- cants from site-based waiting lists as specified in than 30 days after the date of such publication. pated capital needs of properties in its portfolio this subparagraph’’; The Secretary shall establish a procedure for (B) by striking the third sentence and insert- public housing agencies and other interested assisted under this section, as outlined in its ing the following: ‘‘The agency or owner may parties to comment on such fair market rentals Capital Fund 5-Year Action Plan, or a com- establish preferences or criteria for selection for and to request, within a time specified by the parable plan, as determined by the Secretary. a unit assisted under this paragraph that are Secretary, reevaluation of the fair market rent- ‘‘(D) The Secretary may establish, by regula- consistent with the public housing agency plan als in a jurisdiction before such rentals become tion, a maximum replacement reserve level or for the agency approved under section 5A and effective. The Secretary shall cause to be pub- levels that are below amounts determined under that give preference to families who qualify for lished for comment in the Federal Register no- subparagraph (C), which may be based upon the voluntary services, including disability-specific tices of proposed material changes in the meth- size of the portfolio assisted under this section services, offered in conjunction with assisted odology for estimating fair market rentals and or other factors. units.’’; and notices specifying the final decisions regarding ‘‘(3) TRANSFER OF OPERATING FUNDS.—In first (C) by striking the fifth and sixth sentences such proposed substantial methodological establishing a replacement reserve, the Secretary and inserting the following: ‘‘A public housing changes and responses to public comments.’’. may allow public housing agencies to transfer agency may establish and utilize procedures for (b) PAYMENT STANDARD.—Subparagraph (B) more than 20 percent of its operating funds into owner-maintained site-based waiting lists, of section 8(o)(1) of the United States Housing its replacement reserve. under which applicants may apply at, or other- Act of 1937 (42 U.S.C. 1437f(o)(1)(B)) is amended ‘‘(4) EXPENDITURE.—Funds in a replacement wise designate to the public housing agency, the by inserting before the period at the end the fol- reserve may be used for purposes authorized by project or projects in which they seek to reside, lowing: ‘‘, except that no public housing agency subsection (d)(1) and contained in its Capital except that all eligible applicants on the waiting shall be required as a result of a reduction in Fund 5-Year Action Plan. ‘‘(5) MANAGEMENT AND REPORT.—The Sec- list of an agency for assistance under this sub- the fair market rental to reduce the payment retary shall establish appropriate accounting section shall be permitted to place their names standard applied to a family continuing to re- and reporting requirements to ensure that public on such separate list, subject to policies and side in a unit for which the family was receiving housing agencies are spending funds on eligible procedures established by the Secretary. All assistance under this section at the time the fair projects and that funds in the replacement re- such procedures shall comply with title VI of the market rental was reduced. The Secretary shall serve are connected to capital needs.’’. Civil Rights Act of 1964, the Fair Housing Act, allow public housing agencies to request excep- (b) FLEXIBILITY OF OPERATING FUND section 504 of the Rehabilitation Act of 1973, tion payment standards within fair market rent- AMOUNTS.—Paragraph (1) of section 9(g) of the and other applicable civil rights laws. The al areas subject to criteria and procedures estab- United States Housing Act of 1937 (42 U.S.C. owner or manager of a project assisted under lished by the Secretary’’. 1437g(g)(1)) is amended— this paragraph shall not admit any family to a (c) EFFECTIVE DATE.—The amendments made (1) by striking ‘‘(1)’’ and all that follows dwelling unit assisted under a contract pursu- by this section shall take effect upon the date of through ‘‘—Of’’ and inserting the following: ant to this paragraph other than a family re- the enactment of this Act. ‘‘(1) FLEXIBILITY IN USE OF FUNDS.— ferred by the public housing agency from its SEC. 108. COLLECTION OF UTILITY DATA. ‘‘(A) FLEXIBILITY FOR CAPITAL FUND waiting list, or a family on a site-based waiting Section 8(o) of the United States Housing Act AMOUNTS.—Of’’; and list that complies with the requirements of this of 1937 (42 U.S.C. 1437f(o)) is amended by add- (2) by adding at the end the following new subparagraph. A public housing agency shall ing at the end the following new paragraph: subparagraph: disclose to each applicant all other options in ‘‘(20) COLLECTION OF UTILITY DATA.— ‘‘(B) FLEXIBILITY FOR OPERATING FUND the selection of a project in which to reside that ‘‘(A) PUBLICATION.—The Secretary shall, to AMOUNTS.—Of any amounts appropriated for are provided by the public housing agency and the extent that data can be collected cost effec- fiscal year 2016 or any fiscal year thereafter are available to the applicant.’’; tively, regularly publish such data regarding that are allocated for fiscal year 2016 or any fis- (8) in subparagraph (M)(ii), by inserting be- utility consumption and costs in local areas as cal year thereafter from the Operating Fund for fore the period at the end the following: ‘‘relat- the Secretary determines will be useful for the any public housing agency, the agency may use ing to funding other than housing assistance establishment of allowances for tenant-paid not more than 20 percent for activities that are payments’’; and eligible under subsection (d) for assistance with (9) by adding at the end the following new utilities for families assisted under this sub- section. amounts from the Capital Fund, but only if the subparagraphs: public housing plan under section 5A for the ‘‘(N) STRUCTURE OWNED BY AGENCY.—A public ‘‘(B) USE OF DATA.—The Secretary shall pro- agency provides for such use.’’. housing agency engaged in an initiative to im- vide such data in a manner that— prove, develop, or replace a public housing ‘‘(i) avoids unnecessary administrative bur- SEC. 110. FAMILY UNIFICATION PROGRAM FOR dens for public housing agencies and owners; CHILDREN AGING OUT OF FOSTER property or site may attach assistance to an ex- CARE. isting, newly constructed, or rehabilitated struc- and ‘‘(ii) protects families in various unit sizes and Section 8(x) of the United States Housing Act ture in which the agency has an ownership in- of 1937 (42 U.S.C. 1437f(x)) is amended— terest or which the agency has control of with- building types, and using various utilities, from high rent and utility cost burdens relative to in- (1) in paragraph (2)(B)— out following a competitive process, provided (A) by striking ‘‘18 months’’ and inserting ‘‘36 come.’’. that the agency has notified the public of its in- months’’; tent through its public housing agency plan and SEC. 109. PUBLIC HOUSING CAPITAL AND OPER- (B) by striking ‘‘21 years of age’’ and insert- subject to the limitations and requirements of ATING FUNDS. ing ‘‘24 years of age’’; and this paragraph. (a) CAPITAL FUND REPLACEMENT RESERVES.— (C) by inserting after ‘‘have left foster care’’ ‘‘(O) SPECIAL PURPOSE VOUCHERS.—A public Section 9 of the United States Housing Act of the following: ‘‘, or will leave foster care within housing agency that administers vouchers au- 1937 (42 U.S.C. 1437g) is amended— 90 days, in accordance with a transition plan thorized under subsection (o)(19) or (x) of this (1) in subsection (j), by adding at the end the described in section 475(5)(H) of the Social Secu- section may provide such assistance in accord- following new paragraph: rity Act, and is homeless or is at risk of becom- ance with the limitations and requirements of ‘‘(7) TREATMENT OF REPLACEMENT RESERVE.— ing homeless’’; this paragraph, without additional requirements The requirements of this subsection shall not (2) by redesignating paragraph (4) as para- for approval by the Secretary.’’. apply to funds held in replacement reserves es- graph (5); and (b) EFFECTIVE DATE.—The Secretary of Hous- tablished pursuant to subsection (n).’’; and (3) by inserting after paragraph (3) the fol- ing and Urban Development shall issue notice or (2) by adding at the end the following new lowing new paragraph: regulations to implement subsection (a) of this subsection: ‘‘(4) COORDINATION BETWEEN PUBLIC HOUSING section and such subsection shall take effect ‘‘(n) ESTABLISHMENT OF REPLACEMENT RE- AGENCIES AND PUBLIC CHILD WELFARE AGEN- upon such issuance. SERVES.— CIES.—The Secretary shall, not later than the

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A02FE7.018 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H464 CONGRESSIONAL RECORD — HOUSE February 2, 2016 expiration of the 180-day period beginning on relating to the economy for the locality in which (2) by inserting after section 431 (42 U.S.C. the date of the enactment of the Housing Oppor- such project is located or specific to project, in- 11386e) the following new section: tunity Through Modernization Act of 2015 and cluding the total number of family units in the ‘‘SEC. 432. GEOGRAPHIC AREAS. after consultation with other appropriate Fed- project, shall be considered. ‘‘(a) REQUIREMENT TO DEFINE.—For purposes eral agencies, issue guidance to improve coordi- Not later than the expiration of the 90-day pe- of this subtitle, the term ‘geographic area’ shall nation between public housing agencies and riod beginning on the date of the enactment of have such meaning as the Secretary shall by no- public child welfare agencies in carrying out the this paragraph, the Secretary shall issue regula- tice provide. program under this subsection, which shall pro- tions to implement this paragraph, which shall ‘‘(b) ISSUANCE OF NOTICE.—Not later than the vide guidance on— include any standards, training requirements, expiration of the 90-day period beginning on the ‘‘(A) identifying eligible recipients for assist- and remedies and penalties that the Secretary date of the enactment of the Housing Oppor- ance under this subsection; considers appropriate. tunity Through Modernization Act of 2015, the ‘‘(B) coordinating with other local youth and ‘‘(3) TRANSFER FEES.—Notwithstanding any Secretary shall issue a notice setting forth the family providers in the community and partici- other law, regulation, or guideline of the Sec- definition required by subsection (a).’’. pating in the Continuum of Care program estab- retary, including chapter 1.8.8 of the Condo- (b) CLERICAL AMENDMENT.—The table of con- lished under subtitle C of title IV of the McKin- minium Project Approval and Processing Guide tents in section 101(b) of the McKinney-Vento ney-Vento Homeless Assistance Act (42 U.S.C. of the FHA and section 203.41 of the Secretary’s Homeless Assistance Act (42 U.S.C. 11301 note) is 11381 et seq.); regulations (24 C.F.R. 203.41), existing stand- amended by striking the items relating to sec- ‘‘(C) implementing housing strategies to assist ards of the Federal Housing Finance Agency re- tions 432 and 433 and inserting the following eligible families and youth; lating to encumbrances under private transfer new items: ‘‘(D) aligning system goals to improve out- fee covenants shall apply to the insurance of comes for families and youth and reducing mortgages by the Secretary under this section to ‘‘Sec. 432. Geographic areas. lapses in housing for families and youth; and the same extent and in the same manner that ‘‘Sec. 433. Regulations. ‘‘(E) identifying resources that are available such standards apply to the purchasing, invest- ‘‘Sec. 434. Reports to Congress.’’. to eligible families and youth to provide sup- ing in, and otherwise dealing in mortgages by SEC. 402. INCLUSION OF PUBLIC HOUSING AGEN- portive services available through parts B and E the Federal National Mortgage Association and CIES AND LOCAL REDEVELOPMENT of title IV of the Social Security Act (42 U.S.C. the Federal Home Loan Mortgage Corporation. AUTHORITIES IN EMERGENCY SOLU- TIONS GRANTS. 621 et seq.; 670 et seq.) or that the head of If the provisions of part 1228 of the Director of Section 414(c) of the McKinney-Vento Home- household of a family or youth may be entitled the Federal Housing Finance Agency’s regula- less Assistance Act (42 U.S.C. 11373(c)) is amend- to receive under section 477 of the Social Secu- tions (12 C.F.R. part 1228) are amended or oth- ed— rity Act (42 U.S.C. 677).’’. erwise changed after the date of the enactment (1) in the subsection heading, by inserting ‘‘, TITLE II—RURAL HOUSING of this paragraph, the Secretary of Housing and Urban Development shall adopt any such PUBLIC HOUSING AGENCIES, AND LOCAL REDE- SEC. 201. DELEGATION OF GUARANTEED RURAL amendments or changes for purposes of this VELOPMENT AUTHORITIES’’ after ‘‘ORGANIZA- HOUSING LOAN APPROVAL. paragraph, unless the Secretary causes to be TIONS’’; and Subsection (h) of section 502 of the Housing published in the Federal Register a notice ex- (2) in the first sentence, by inserting before Act of 1949 (42 U.S.C. 1472(h)) is amended by plaining why the Secretary will disregard such the period at the end the following: ‘‘, to public adding at the end the following new paragraph: amendments or changes within 90 days after the housing agencies (as defined under section ‘‘(18) DELEGATION OF APPROVAL.—The Sec- effective date of such amendments or changes. 3(b)(6) of the United States Housing Act of retary may delegate, in part or in full, the Sec- ‘‘(4) OWNER-OCCUPANCY REQUIREMENT.— 1937), or to local redevelopment authorities (as retary’s authority to approve and execute bind- ‘‘(A) ESTABLISHMENT OF PERCENTAGE RE- defined under State law)’’. ing Rural Housing Service loan guarantees pur- QUIREMENT.—Not later than the expiration of SEC. 403. SPECIAL ASSISTANT FOR VETERANS AF- suant to this subsection to certain preferred the 90-day period beginning on the date of the FAIRS IN THE DEPARTMENT OF lenders, in accordance with standards estab- enactment of this paragraph, the Secretary HOUSING AND URBAN DEVELOP- lished by the Secretary.’’. shall, by rule, notice, or mortgagee letter, issue MENT. TITLE III—FHA MORTGAGE INSURANCE guidance regarding the percentage of units that (a) TRANSFER OF POSITION TO OFFICE OF THE FOR CONDOMINIUMS must be occupied by the owners as a principal SECRETARY.—Section 4 of the Department of SEC. 301. MODIFICATION OF FHA REQUIREMENTS residence or a secondary residence (as such Housing and Urban Development Act (42 U.S.C. FOR MORTGAGE INSURANCE FOR terms are defined by the Secretary), or must 3533) is amended by adding at the end the fol- CONDOMINIUMS. have been sold to owners who intend to meet lowing new subsection: Section 203 of the National Housing Act (12 such occupancy requirements, including jus- ‘‘(h) SPECIAL ASSISTANT FOR VETERANS AF- U.S.C. 1709) is amended by adding at the end tifications for the percentage requirements, in FAIRS.— the following new subsection: order for a condominium project to be acceptable ‘‘(1) POSITION.—There shall be in the Office of ‘‘(y) REQUIREMENTS FOR MORTGAGES FOR to the Secretary for insurance under this section the Secretary a Special Assistant for Veterans CONDOMINIUMS.— of a mortgage within such condominium prop- Affairs, who shall report directly to the Sec- ‘‘(1) PROJECT RECERTIFICATION REQUIRE- erty. retary. MENTS.—Notwithstanding any other law, regu- ‘‘(B) FAILURE TO ACT.—If the Secretary fails ‘‘(2) APPOINTMENT.—The Special Assistant for lation, or guideline of the Secretary, including to issue the guidance required under subpara- Veterans Affairs shall be appointed based solely chapter 2.4 of the Condominium Project Ap- graph (A) before the expiration of the 90-day pe- on merit and shall be covered under the provi- proval and Processing Guide of the FHA, the riod specified in such clause, the following pro- sions of title 5, United States Code, governing Secretary shall streamline the project certifi- visions shall apply: appointments in the competitive service. cation requirements that are applicable to the ‘‘(i) 35 PERCENT REQUIREMENT.—In order for a ‘‘(3) RESPONSIBILITIES.—The Special Assistant insurance under this section for mortgages for condominium project to be acceptable to the Sec- for Veterans Affairs shall be responsible for— condominium projects so that recertifications retary for insurance under this section, at least ‘‘(A) ensuring veterans have fair access to are substantially less burdensome than certifi- 35 percent of all family units (including units housing and homeless assistance under each cations. The Secretary shall consider length- not covered by FHA-insured mortgages) must be program of the Department providing either ening the time between certifications for ap- occupied by the owners as a principal residence such assistance; proved properties, and allowing updating of in- or a secondary residence (as such terms are de- ‘‘(B) coordinating all programs and activities formation rather than resubmission. fined by the Secretary), or must have been sold of the Department relating to veterans; ‘‘(2) COMMERCIAL SPACE REQUIREMENTS.—Not- to owners who intend to meet such occupancy ‘‘(C) serving as a liaison for the Department withstanding any other law, regulation, or requirement. with the Department of Veterans Affairs, in- guideline of the Secretary, including chapter ‘‘(ii) OTHER CONSIDERATIONS.—The Secretary cluding establishing and maintaining relation- 2.1.3 of the Condominium Project Approval and may increase the percentage applicable pursu- ships with the Secretary of Veterans Affairs; Processing Guide of the FHA, in providing for ant to clause (i) to a condominium project on a ‘‘(D) serving as a liaison for the Department, exceptions to the requirement for the insurance project-by-project or regional basis, and in de- and establishing and maintaining relationships of a mortgage on a condominium property under termining such percentage for a project shall with the United States Interagency Council on this section regarding the percentage of the floor consider factors relating to the economy for the Homelessness and officials of State, local, re- space of a condominium property that may be locality in which such project is located or spe- gional, and nongovernmental organizations con- used for nonresidential or commercial purposes, cific to project, including the total number of cerned with veterans; the Secretary shall provide that— family units in the project.’’. ‘‘(E) providing information and advice regard- ‘‘(A) any request for such an exception and TITLE IV—HOUSING REFORMS FOR THE ing— the determination of the disposition of such re- HOMELESS AND FOR VETERANS ‘‘(i) sponsoring housing projects for veterans quest may be made, at the option of the re- SEC. 401. DEFINITION OF GEOGRAPHIC AREA FOR assisted under programs administered by the De- quester, under the direct endorsement lender re- CONTINUUM OF CARE PROGRAM. partment; or view and approval process or under the HUD re- (a) DEFINITION.—Subtitle C of the McKinney- ‘‘(ii) assisting veterans in obtaining housing view and approval process through the applica- Vento Homeless Assistance Act is amended— or homeless assistance under programs adminis- ble field office of the Department; and (1) by redesignating sections 432 and 433 (42 tered by the Department; ‘‘(B) in determining whether to allow such an U.S.C. 11387, 11388) as sections 433 and 434, re- ‘‘(F) coordinating with the Secretary of Hous- exception for a condominium property, factors spectively; and ing and Urban Development and the Secretary

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\CR\FM\A02FE7.018 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H465 of Veterans Affairs in carrying out section 404 (6) The Committee on Appropriations of the (C) address the factors used in determining of the Housing Opportunity Through Mod- House of Representatives. whether and when to standardize data ex- ernization Act of 2015; and TITLE V—MISCELLANEOUS changes; ‘‘(G) carrying out such other duties as may be (D) specify State implementation options; and assigned to the Special Assistant by the Sec- SEC. 501. INCLUSION OF DISASTER HOUSING AS- (E) describe future milestones. retary or by law.’’. SISTANCE PROGRAM IN CERTAIN FRAUD AND ABUSE PREVENTION The Acting CHAIR. No amendment RANSFER OF OSITION IN FFICE OF EP (b) T P O D - MEASURES. UTY ASSISTANT SECRETARY FOR SPECIAL to that amendment in the nature of a The Disaster Housing Assistance Program ad- NEEDS.—On the date that the initial Special As- substitute shall be in order except ministered by the Department of Housing and sistant for Veterans Affairs is appointed pursu- those printed in House Report 114–411. Urban Development shall be considered a ‘‘pro- ant to section 4(h)(2) of the Department of gram of the Department of Housing and Urban Each such amendment may be offered Housing and Urban Development Act, as added Development’’ under section 904 of the Stewart only in the order printed in the report, by subsection (a) of this section, the position of B. McKinney Homeless Assistance Amendments by a Member designated in the report, Special Assistant for Veterans Programs in the Act of 1988 (42 U.S.C. 3544) for the purpose of shall be considered read, shall be de- Office of the Deputy Assistant Secretary for income verifications. batable for the time specified in the re- Special Needs of the Department of Housing and Urban Development shall be terminated. SEC. 502. ENERGY EFFICIENCY REQUIREMENTS port, equally divided and controlled by UNDER SELF-HELP HOMEOWNER- the proponent and an opponent, shall SEC. 404. ANNUAL SUPPLEMENTAL REPORT ON SHIP OPPORTUNITY PROGRAM. VETERANS HOMELESSNESS. not be subject to amendment, and shall Section 11 of the Housing Opportunity Pro- (a) IN GENERAL.—The Secretary of Housing gram Extension Act of 1996 (42 U.S.C. 12805 not be subject to a demand for division and Urban Development and the Secretary of note) is amended by inserting after subsection of the question. Veterans Affairs, in coordination with the (f) the following new subsection: AMENDMENT NO. 1 OFFERED BY MR. BUCHANAN United States Interagency Council on Homeless- ‘‘(g) ENERGY EFFICIENCY REQUIREMENTS.— ness, shall submit annually to the Committees of The Acting CHAIR. It is now in order The Secretary may not require any dwelling de- the Congress specified in subsection (b), together to consider amendment No. 1 printed in veloped using amounts from a grant made under with the annual reports required by such Secre- House Report 114–411. this section to meet any energy efficiency stand- taries under section 203(c)(1) of the McKinney- Mr. BUCHANAN. Mr. Chairman, I ards other than the standards applicable at Vento Homeless Assistance Act (42 U.S.C. such time pursuant to section 109 of the Cran- have an amendment at the desk. 11313(c)(1)), a supplemental report that includes ston-Gonzalez National Affordable Housing Act The Acting CHAIR. The Clerk will the following information with respect to the (42 U.S.C. 12709) to housing specified in sub- designate the amendment. preceding year: The text of the amendment is as fol- (1) The same information, for such preceding section (a) of such section.’’. year, that was included with respect to 2010 in SEC. 503. DATA EXCHANGE STANDARDIZATION lows: the report by the Secretary of Housing and FOR IMPROVED INTEROPERABILITY. Page 16, line 2, after ‘‘develop’’ insert Urban Development and the Secretary of Vet- (a) DATA EXCHANGE STANDARDIZATION.—Title ‘‘electronic’’. erans Affairs entitled ‘‘Veterans Homelessness: I of the United States Housing Act of 1937 (42 Page 16, line 4, strike ‘‘income’’ and insert A Supplemental Report to the 2010 Annual U.S.C. 1437 et seq.) is amended by adding at the ‘‘benefit’’. Homeless Assessment Report to Congress’’. end the following new section: Page 16, after line 14, insert the following: (2) Information regarding the activities of the ‘‘SEC. 37. DATA EXCHANGE STANDARDS FOR IM- ‘‘(E) ELECTRONIC INCOME VERIFICATION.— Department of Housing and Urban Development PROVED INTEROPERABILITY. The Secretary shall develop a mechanism for relating to veterans during such preceding year, ‘‘(a) DESIGNATION.—The Secretary shall, in disclosing information to a public housing as follows: consultation with an interagency work group agency for the purpose of verifying the em- (A) The number of veterans provided assist- established by the Office of Management and ployment and income of individuals and fam- ance under the housing choice voucher program Budget, and considering State government per- ilies in accordance with section 453(j)(7)(E) of for Veterans Affairs supported housing under spectives, designate data exchange standards to the Social Security Act (42 U.S.C. section 8(o)(19) of the United States Housing Act govern, under this Act— 653(j)(7)(E)), and shall ensure public housing of 1937 (42 U.S.C. 1437f(o)(19)), the socio- ‘‘(1) necessary categories of information that agencies have access to information con- economic characteristics of such homeless vet- State agencies operating related programs are tained in the ‘Do Not Pay’ system estab- erans, and the number, types, and locations of required under applicable law to electronically lished by section 5 of the Improper Payments entities contracted under such section to admin- exchange with another State agency; and Elimination and Recovery Improvement Act ister the vouchers. ‘‘(2) Federal reporting and data exchange re- of 2012 (Public Law 112-248; 126 Stat. 2392).’’. (B) A summary description of the special con- quired under applicable law. Page 16, line 15, strike ‘‘(E)’’ and insert siderations made for veterans under public ‘‘(b) REQUIREMENTS.—The data exchange ‘‘(F)’’. housing agency plans submitted pursuant to standards required by subsection (a) shall, to Page 34, line 14, strike the closing section 5A of the United States Housing Act of the maximum extent practicable— quotation marks and the last period. 1937 (42 U.S.C. 1437c–1) and under comprehen- ‘‘(1) incorporate a widely accepted, nonpropri- Page 34, after line 14, insert the following: sive housing affordability strategies submitted etary, searchable, computer-readable format, ‘‘(7) VERIFYING INCOME.— pursuant to section 105 of the Cranston-Gon- such as the eXtensible Markup Language; ‘‘(A) Beginning in fiscal year 2018, the Sec- zalez National Affordable Housing Act (42 ‘‘(2) contain interoperable standards devel- retary shall require public housing agencies U.S.C. 12705). oped and maintained by intergovernmental to require each applicant for, or recipient of, (C) A description of the activities of the Spe- partnerships, such as the National Information benefits under this Act to provide authoriza- cial Assistant for Veterans Affairs of the De- Exchange Model; tion by the applicant or recipient (or by any partment of Housing and Urban Development. ‘‘(3) incorporate interoperable standards de- other person whose income or resources are (D) A description of the efforts of the Depart- veloped and maintained by Federal entities with material to the determination of the eligi- ment of Housing and Urban Development and authority over contracting and financial assist- bility of the applicant or recipient for such the other members of the United States Inter- ance; benefits) for the public housing agency to ob- agency Council on Homelessness to coordinate ‘‘(4) be consistent with and implement appli- tain (subject to the cost reimbursement re- the delivery of housing and services to veterans. cable accounting principles; quirements of section 1115(a) of the Right to (E) The cost to the Department of Housing ‘‘(5) be implemented in a manner that is cost- Financial Privacy Act) from any financial and Urban Development of administering the effective and improves program efficiency and institution (within the meaning of section programs and activities relating to veterans. effectiveness; and 1101(1) of such Act) any financial record (F) Any other information that the Secretary ‘‘(6) be capable of being continually upgraded (within the meaning of section 1101(2) of such of Housing and Urban Development and the as necessary. Act) held by the institution with respect to Secretary of Veterans Affairs consider relevant ‘‘(c) RULES OF CONSTRUCTION.—Nothing in the applicant or recipient (or any such other in assessing the programs and activities of the this section requires a change to existing data person) whenever the public housing agency Department of Housing and Urban Development exchange standards for Federal reporting found determines the record is needed in connec- relating to veterans. to be effective and efficient.’’. tion with a determination with respect to (b) COMMITTEES.—The Committees of the Con- (b) APPLICABILITY.— such eligibility or the amount of such bene- gress specified in this subsection are as follows: (1) The Committee on Banking, Housing, and (1) IN GENERAL.—Not later than 2 years after fits. Urban Affairs of the Senate. the date of the enactment of this Act, the Sec- ‘‘(B) Notwithstanding section 1104(a)(1) of (2) The Committee on Veterans’ Affairs of the retary of Housing and Urban Development shall the Right to Financial Privacy Act, an au- Senate. issue a proposed rule to carry out the amend- thorization provided by an applicant or re- (3) The Committee on Appropriations of the ments made by subsection (a). cipient (or any other person whose income or Senate. (2) REQUIREMENTS.—The rule shall— resources are material to the determination (4) The Committee on Financial Services of (A) identify federally required data ex- of the eligibility of the applicant or recipi- the House of Representatives. changes; ent) pursuant to subparagraph (A) of this (5) The Committee on Veterans’ Affairs of the (B) include specification and timing of ex- paragraph shall remain effective until the House of Representatives. changes to be standardized; earliest of—

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.018 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H466 CONGRESSIONAL RECORD — HOUSE February 2, 2016 ‘‘(i) the rendering of a final adverse deci- also improves accuracy for housing au- amendment that has not been thor- sion on the applicant’s application for eligi- thorities and landlords, providing them oughly studied by congressional staff bility for benefits under this Act; with more timely and reliable informa- or our housing groups, the administra- ‘‘(ii) the cessation of the recipient’s eligi- tion. tion, and carefully negotiated by both bility for benefits under this Act; or parties. ‘‘(iii) the express revocation by the appli- b 1545 Mr. Chairman and Members, let me cant or recipient (or such other person re- Ultimately, it ensures that those ferred to in subparagraph (A)) of the author- just say this: We have a good bill here. ization, in a written notification to the Sec- with assets well above the eligibility We have gone a long way in dealing retary. limits will not be using benefits di- with whatever concerns either side ‘‘(C)(i) An authorization obtained by the rected to those Americans who need may have. We have a compromise piece public housing agency pursuant to this para- the most help. of legislation. We have a consensus graph shall be considered to meet the re- I encourage all my colleagues to sup- piece of legislation. Let’s not mess it quirements of the Right to Financial Pri- port this amendment and support the up. We don’t need this amendment. I vacy Act for purposes of section 1103(a) of underlying bill. would ask for a ‘‘no’’ vote on the such Act, and need not be furnished to the fi- Mr. Chair, I reserve the balance of nancial institution, notwithstanding section amendment. 1104(a) of such Act. my time. Mr. Chairman, I reserve the balance ‘‘(ii) The certification requirements of sec- Ms. MAXINE WATERS of California. of my time. tion 1103(b) of the Right to Financial Privacy Mr. Chairman, I claim time in opposi- Mr. BUCHANAN. Mr. Chairman, I Act shall not apply to requests by the public tion to the amendment. yield such time as he may consume to housing agency pursuant to an authorization The Acting CHAIR. The gentlewoman the gentleman from Missouri (Mr. provided under this clause. is recognized for 5 minutes. LUETKEMEYER). ‘‘(iii) A request by the public housing agen- Ms. MAXINE WATERS of California. Mr. LUETKEMEYER. Mr. Chairman, cy pursuant to an authorization provided Mr. Chairman, I rise in opposition to I would just like to speak in support of under this clause is deemed to meet the re- the amendment. quirements of section 1104(a)(3) of the Right this amendment. I have concerns that there are a lot of unanswered questions I believe the amendment reduces the to Financial Privacy Act and the flush lan- burden on families for using solutions guage of section 1102 of such Act. regarding the new income verification ‘‘(iv) The public housing agency shall in- system that is being proposed in this that already are likely to be in place form any person who provides authorization amendment, and I think it needs to be with regards to interacting through pursuant to this paragraph of the duration addressed. other means testing programs. I think and scope of the authorization. First, it appears that there would be it improves the efficiency for public ‘‘(D) If an applicant for, or recipient of, a cost associated with this amendment. housing authorities and landlords, pro- benefits under this Act (or any such other Housing authorities would have to viding more accurate and timely eligi- person referred to in subparagraph (A)) re- bility information. It minimizes the fuses to provide, or revokes, any authoriza- spend some of their operating fund dol- lars to comply with the new require- risk of waste, fraud, and abuse of tax tion made by the applicant or recipient for dollars and ensures limited resources the public housing agency to obtain from ments in this amendment, and that any financial institution any financial takes away from other important are better targeted to families in need record, the public housing agency may, on things that they must prioritize. by requiring public housing agencies to that basis, determine that the applicant or It is important to note that the pub- access data used by other means tested recipient is ineligible for benefits under this lic housing operating fund and admin- programs or by assets. title.’’. This amendment further strengthens istrative fees are severely underfunded, the response to the 2015 inspector gen- The Acting CHAIR. Pursuant to so public housing authorities are al- eral’s audit, which revealed individuals House Resolution 594, the gentleman ready struggling to make ends meet. with substantial assets were receiving from Florida (Mr. BUCHANAN) and a H.R. 3700 is intended to ease adminis- Member opposed each will control 5 rental subsidies. This amendment trative burdens, but this amendment builds on the progress made by the minutes. seems to be increasing burdens without The Chair recognizes the gentleman Committee on Financial Services to any additional funding. In other words, from Florida. better target housing assistance to the Mr. BUCHANAN. Mr. Chairman, I it is an unfunded mandate. needs of low-income individuals and yield myself such time as I may con- Secondly, it is unclear whether all families. sume. housing authorities have the electronic The current system in determining I would like to first thank the sub- infrastructure in place to securely eligibility for rental subsidies is bur- committee chair of Financial Services, maintain and protect residents’ per- densome to program recipients to re- Mr. LUETKEMEYER, for his leadership on sonal financial data, which could in- port income that can vary as much as such important issues. clude bank account information, in a every week and time consuming for As chairman of the Human Resources manner that is inconsistent with what public housing agencies and landlords Subcommittee of Ways and Means, I current financial regulators have. If to collect and verify this information, have the distinct privilege of over- housing authorities need to upgrade unfair to taxpayers who expect tax dol- seeing a number of means-tested pro- their systems, that would also cost lars to be targeted to families most in grams aimed at providing low-income money that is not provided for in this need. individuals and families an opportunity amendment. I think you can see what I believe is to move up the economic ladder. Third, it is not clear how this amend- an asset here from the standpoint it is There are a lot of lessons we have ment would work for residents who are going to streamline the system. It is learned, and we should be using them unbanked. This amendment virtually going to save money. I think it makes to better serve recipients and tax- ignores millions of Americans that are it easier for the people to access, it is payers. unbanked. going to make it easier for the individ- In June of last year, the Department Fourth, this amendment seems to be uals who are working with those folks of Housing and Urban Development’s addressing a problem that doesn’t exist to be able to do a better job of getting Office of Inspector General found that because I have not seen any evidence and accumulating the information as the Federal Government paid public that residents are currently not pro- quickly as possible to better ferret out housing benefits to families with exces- viding accurate information when ap- the ones who need the help and ones sive income and assets when those ben- plying for housing assistance. who don’t, and therefore do a good job efits should have gone to low-income Lastly, H.R. 3700 already includes a of managing our taxpayer dollars. families in real need. provision to address over-income Mr. BUCHANAN. Mr. Speaker, I re- This amendment builds on reforms households in public housing to help serve the balance of my time. made by the underlying bill. This ensure that taxpayers are not sub- Ms. MAXINE WATERS of California. amendment reduces that burden on sidizing these households. For every Mr. Chairman and Members, I basically families by using systems they are piece of legislation that we pass, it made an appeal to my Republican col- most likely already interacting with should be carefully considered, which is leagues to reject this amendment. I ba- for other means-tested programs. It why we should not adopt this hasty sically talked about the fact that we

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.019 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H467 have gone a long way toward recon- spouse) who is less than 18 years of age or is member’s amendment would revert ciling our differences and that we don’t attending school or vocational training on a back to current law. I think that in need to endanger the bill at all with an full-time basis, or who is 18 years of age or this particular case there are some amendment like this. older and is a person with disabilities. trade-offs to be made, and I am willing ‘‘(C) CHILD CARE.—Any reasonable child I am not sure exactly what the gen- care expenses necessary to enable a member to accept this particular trade-off and tleman is attempting to do. We already of the family to be employed or to further work with the ranking member to for- have systems in existence by which his or her education.’’. ward the overall bill. those who wish to live in public hous- The Acting CHAIR. Pursuant to I urge all Members to accept it and ing have to verify their income. I don’t House Resolution 594, the gentlewoman vote for it. know what is being attempted here. If from California (Ms. MAXINE WATERS) Mr. Chairman, I yield back the bal- the attempt is to try and go to finan- and a Member opposed each will con- ance of my time. cial institutions and say to them, is it trol 5 minutes. Ms. MAXINE WATERS of California. true that this person only has $5 in The Chair recognizes the gentle- Mr. Chairman, I yield 2 minutes to the their bank account or what have you? woman. gentlewoman from New York (Ms. I am not sure that the housing author- Ms. MAXINE WATERS of California. VELA´ ZQUEZ), the ranking member of ity would want to assume that addi- Mr. Chairman, my amendment would the Committee on Small Business and tional responsibility and that addi- remove the harmful provision in H.R. a member of the Committee on Finan- tional cost, so I have to continue to op- cial Services. 3700 that would effectively raise rent ´ pose this amendment. Perhaps there is for thousands of families with children Ms. VELAZQUEZ. Mr. Chairman, I a better explanation than I have heard, who are living in HUD-assisted housing rise today in support of the gentle- but I have not heard a good expla- by limiting the amount they can de- woman from California’s amendment. nation about why we should adopt it. duct from their income for childcare Mr. Chairman, in New York City ac- Mr. Chair, I reserve the balance of expenses. These are parents, particu- cess to safe and affordable housing is a my time. larly single parents, who are already critical issue. Just in Brooklyn, the Mr. BUCHANAN. Mr. Chair, my un- struggling to pay for the cost of child city’s housing shortage has driven derstanding is PHAs asked for this, but care in order to work or to go to rents to over $2,500 a month for a 1-bed- let me just say my amendment will re- school. room apartment. As a result, a major- duce the burdens on families by using I believe we should not be crippling ity of households spend more than 30 solutions they are already interacting their ability to juggle these respon- percent of their income on housing, with through other means-tested pro- sibilities. We should be supporting making these individuals and families grams. them. I believe that my Republican rent burdened. I encourage all my colleagues to sup- colleagues share my concerns. We sim- For this reason, the New York City port this amendment and to support ply did not have the data that we need- Housing Authority, the Nation’s larg- the underlying bill. ed at the markup to truly understand est public housing authority, provides I yield back the balance of my time. how this provision would affect these a home to more than 4,000 New York- Ms. MAXINE WATERS of California. households. ers. Unfortunately, tens of thousands Mr. Chairman, I am pleased that the As I mentioned in my opening state- of families remain on waiting lists for gentleman talked about having talked ment, the Republicans have indicated units. with the public housing authorities be- that they will support this amendment, Congress cannot dictate market cause we did, too, and they had no idea which will remove this harmful lan- rents, but we can change Federal pro- what your bill is. They didn’t know guage and preserve the current law. grams empowering public housing au- anything about it, they didn’t under- This will ensure that families with thorities to address budgetary short- stand why it was being done, so we children will not be burdened with a falls, adapt to changing conditions, and have a difference of opinion, I suppose, rent increase as a result of this bill. better assist current and prospective about what the public housing authori- I would like to thank my colleagues tenants. That is why we provided the ties are saying. across the aisle for working with me on Secretary the ability to adjust the I am saying that based on our inquir- this issue to find common ground. over-income threshold for public hous- ies, they did not support your legisla- I urge my colleagues to support my ing tenancy, to assist those tenants tion because they didn’t understand it. amendment. and families living in public housing They didn’t know it exists. They didn’t Mr. Chairman, I reserve the balance where rents and incomes are well above know what it was all about. of my time. average, like New York. I would, again, ask for a ‘‘no’’ vote on Mr. HENSARLING. Mr. Chairman, I While this bill makes several reforms this amendment. ask unanimous consent to claim the like these to public housing and Sec- Mr. Chairman, I yield back the bal- time in opposition to the amendment, tion 8 rental assistance, many of which ance of my time. although I am not opposed. are bipartisan and have been discussed The Acting CHAIR. The question is The Acting CHAIR. Is there objection for years, I am concerned about the on the amendment offered by the gen- to the request of the gentleman from bill’s impact on families with children. According to a recent study by the tleman from Florida (Mr. BUCHANAN). Texas? The amendment was agreed to. There was no objection. Center on Budget and Policy Priorities, The Acting CHAIR. The gentleman H.R. 3700’s changes to the childcare de- AMENDMENT NO. 2 OFFERED BY MS. MAXINE duction could cost 52,000 families with WATERS OF CALIFORNIA from Texas is recognized for 5 minutes. Mr. HENSARLING. Mr. Chairman, if children to face a rent increase of $25 The Acting CHAIR. It is now in order nothing else, I would just like to throw or more. More than half the families to consider amendment No. 2 printed in the ranking member a curve ball and affected are extremely low income and House Report 114–411. actually accept one of her amend- would be hard pressed to afford such an Ms. MAXINE WATERS of California. ments, just to show that minor mir- increase. Mr. Chair, $25, $50, or $75 Mr. Chairman, I have an amendment at acles can still occur within the Halls of might not sound like a lot of money for the desk. Congress and on the floor of the United us, but for low-income families that The Acting CHAIR. The Clerk will States House of Representatives. Par- have to struggle every day, this is a lot designate the amendment. ticularly after a very robust debate of money. The text of the amendment is as fol- this morning on the budget views and While updating and improving our lows: estimates, this might be a welcome de- Nation’s rental assistance and public Strike line 17 on page 20 and all that fol- parture. housing programs are important lows through page 21, line 10, and insert the Anyway, I am prepared to accept the goals—one I will continue fighting following: ‘‘(B) MINORS, STUDENTS, AND PERSONS WITH ranking member’s amendment. Again, for—they cannot be accomplished on DISABILITIES.—$480 for each member of the as she said, H.R. 3700 will allow only the backs of the Nation’s children. family residing in the household (other than families to deduct childcare expenses I, therefore, urge adoption of the gen- the head of the household or his or her that exceed 5 percent. The ranking tlewoman’s amendment, which will

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.041 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H468 CONGRESSIONAL RECORD — HOUSE February 2, 2016 strike the burdensome childcare deduc- My amendment is commonsense and member that anytime my side wins all tion language. straightforward. It simply requires the the votes, I am not having a tough day. I am very impressed with the chair- Secretary of HUD to conduct a study to I am having a really good day. man today. I hope that from now on we determine the impact of the decreased Mr. Chairman, I yield back the bal- can work in a bipartisan, humane way deductions on rent paid by elderly, dis- ance of my time. to address the issues of the shortage of abled individuals, and families assisted Ms. SEWELL of Alabama. I thank housing in our Nation. I congratulate under the Section 8 rental assistance the chairman for accepting my amend- the ranking member. and housing programs. ment. I think that all Americans win Ms. MAXINE WATERS of California. Being able to assess quality, safe, and when we act in a bipartisan manner. I Mr. Chairman, I would simply thank affordable housing is critically impor- am really grateful for your assistance all of the Members who have worked on tant to all Americans. The Section 8 in making this legislation stronger. this bill, and I thank all of the support voucher program and other rental as- I want to thank the ranking member that I am getting for this amendment. sistance programs play a vital role in for her leadership on this bill, as well I want to thank the chairman. De- providing this type of housing for our as my colleague, Representative spite the fact he had a rather difficult Nation’s most vulnerable citizens, in- CLEAVER, for his leadership on this bill. time on committee today, he con- cluding seniors, disabled persons, and Mr. Chair, I yield back the balance of ducted himself rather well, and I en- low-income families. In fact, nearly all my time. joyed working with him. I am very of the households currently under HUD The Acting CHAIR. The question is thankful that he is here to give support rental assistance include children, the on the amendment offered by the gen- on this amendment and the leadership elderly, or disabled individuals. tlewoman from Alabama (Ms. SEWELL). he has given. These rental assistance programs The amendment was agreed to. Mr. Chairman, I yield back the bal- house over 10 million individuals in The Acting CHAIR. It is now in order ance of my time. roughly 4.6 million rental units across to consider amendment No. 4 printed in The Acting CHAIR. The question is the country. It is clear that these House Report 114–411. on the amendment offered by the gen- voucher and rental assistance pro- AMENDMENT NO. 5 OFFERED BY MR. HINOJOSA tlewoman from California (Ms. MAXINE grams continue to perform the task for The Acting CHAIR. It is now in order WATERS). which they were created, which is pro- to consider amendment No. 5 printed in The amendment was agreed to. viding shelter for millions of Ameri- House Report 114–411. cans. Mr. HINOJOSA. Mr. Chairman, I b 1600 In spite of its enormous success, the have an amendment at the desk. AMENDMENT NO. 3 OFFERED BY MS. SEWELL OF Section 8 voucher program, arguably, The Acting CHAIR. The Clerk will ALABAMA still suffers under the weight of too designate the amendment. The Acting CHAIR (Mr. POE of many inefficient and duplicative re- The text of the amendment is as fol- Texas). It is now in order to consider quirements that threaten the overall lows: amendment No. 3 printed in House Re- effectiveness of the program. Page 55, after line 24, insert the following port 114–411. As drafted, H.R. 3700 takes major bi- new section: Ms. SEWELL of Alabama. Mr. Chair- partisan steps toward helping preserve SEC. 202. GUARANTEED UNDERWRITING USER man, I have an amendment at the desk. our scarce housing resources while ex- FEE. The Acting CHAIR. The Clerk will panding housing availability. However, Section 502 of the Housing Act of 1949 (42 designate the amendment. as we attempt to reform these pro- U.S.C. 1472) is amended by adding at the end The text of the amendment is as fol- grams, we must be mindful and ever the following new subsection: ‘‘(i) GUARANTEED UNDERWRITING USER lows: diligent in ensuring that the proposed changes are beneficial to their overall FEE.— Page 26, after line 3, insert the following ‘‘(1) AUTHORITY; MAXIMUM AMOUNT.—The new subsection: implementation and that there are no Secretary may assess and collect a fee for a (h) STUDY ON IMPACT ON ELDERLY AND DIS- negative, unintended consequences on lender to access the automated underwriting ABLED FAMILIES OF DECREASED DEDUCTIONS the program’s participants. To that systems of the Department in connection IN INCOME.— end, my amendment allows us to gauge with such lender’s participation in the single (1) STUDY.—The Secretary of Housing and the effectiveness of some of the family loan program under this section and Urban Development shall conduct a study to changes being made here today and only in an amount necessary to cover the determine the impacts, on rents paid by el- costs of information technology enhance- derly and disabled individuals and families their impact on the most vulnerable segments of our population: the elderly ments, improvements, maintenance, and de- assisted under the section 8 rental assistance velopment for automated underwriting sys- and public housing programs under the and disabled. tems used in connection with the single fam- United States Housing Act of 1937 (42 U.S.C. We all know that no program is per- ily loan program under this section, except 1437 et seq), of any decreases in the amounts fect. We must work together to strike that such fee shall not exceed $50 per loan. of any deductions from income (for purposes a delicate balance and ensure programs ‘‘(2) CREDITING; AVAILABILITY.—Any of section 3(b) of such Act (42 U.S.C. are both workable and do what they in- amounts collected from such fees shall be 1437a(b))), as compared to such deductions tend to do without adverse impacts on credited to the Rural Development Expense under such section 3(b) as in effect before the those who are greatly benefited by Account as offsetting collections and shall effectiveness of this section, resulting from them. I urge my colleagues to support remain available until expended, in the the amendments made by this section. amounts provided in appropriation Acts, (2) REPORT.—The Secretary shall submit to this amendment. Mr. Chair, I reserve the balance of solely for expenses described in paragraph the Congress a report setting forth the re- (1).’’. sults of the study conducted pursuant to my time. paragraph (1) not later than the expiration of Mr. HENSARLING. Mr. Chairman, I The Acting CHAIR. Pursuant to the 12-month period beginning on the date of ask unanimous consent to claim the House Resolution 594, the gentleman the enactment of this Act. time in opposition, although I am not from Texas (Mr. HINOJOSA) and a Mem- (3) EFFECTIVE DATE.—Notwithstanding sub- opposed. ber opposed each will control 5 min- section (h) of this section, this subsection The Acting CHAIR. Is there objection utes. shall take effect on the date of the enact- to the request of the gentleman from The Chair recognizes the gentleman ment of this Act. Texas? from Texas. The Acting CHAIR. Pursuant to There was no objection. Mr. HINOJOSA. Mr. Chairman, today House Resolution 594, the gentlewoman The Acting CHAIR. The gentleman I rise to offer an amendment to H.R. from Alabama (Ms. SEWELL) and a from Texas is recognized for 5 minutes. 3700, entitled, the Housing Opportuni- Member opposed each will control 5 Mr. HENSARLING. I thank the gen- ties Through Modernization Act of minutes. tlewoman from Alabama for her 2015. The Chair recognizes the gentle- amendment. It is a bipartisan amend- I want to thank Mr. LUETKEMEYER woman from Alabama. ment. She makes some good points. We for his hard work on this bill and for Ms. SEWELL of Alabama. Mr. Chair, are happy to accept it. the bipartisan and collaborative way in I rise today in support of my amend- As long as I am here, I would like to which he went about this important ment to H.R. 3700. point out to the distinguished ranking housing reform. I also wish to thank

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.043 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H469 the ranking member, Ms. MAXINE time and resources to the most com- Ms. MENG. Mr. Chair, this amend- WATERS of California, for her hard plex underwriting decisions. ment would require HUD to publish work and for always looking out for Finally, Congress has long invested model guidelines for minimum heating those most needy in our society and for in making rural home ownership a re- requirements for public housing units. working to improve this bill. ality. The Section 502 Single Family Unfortunately, Mr. Chair, some pub- My amendment would authorize a Housing Guaranteed Loan Program re- lic housing agencies across this coun- nominal user fee on lenders accessing ceives $24 billion a year and has helped try have struggled with the funda- the underwriting systems for the Sec- millions of families reach the dream of mental task of providing adequate tion 502 Single Family Housing Guar- home ownership. housing and heating to low-income anteed Loan Program. This fee would Mr. Chairman, my amendment sup- residents. not exceed $50 per loan and would en- ports the USDA fiscal year 2016 budget Less than 2 months ago, the New able the United States Department of request and is supported by prominent York Daily News and Reuters pub- Agriculture to make much-needed up- rural housing advocacy groups such as lished a series of articles about tenants grades to their automated under- the National Rural Housing Coalition at the Frederick Douglass Houses in writing system in order to match in- and the Housing Assistance Council. I New York City, complaining that they dustry standards. urge all my colleagues on both sides of were without heat for several frigid Mr. Chairman, I believe that access the aisle to support this amendment. evenings in a row. to safe, decent, and affordable housing Mr. Chairman, I yield back the bal- In response to these complaints, New can transform lives. Federal programs ance of my time. York City public advocate Letitia like the Section 502 Single Family Mr. HENSARLING. Mr. Chairman, I James and Legal Services New York Housing Guaranteed Loan Program ask unanimous consent to claim the City filed a lawsuit on behalf of the play a critical role in expanding home time in opposition to the amendment, tenants, and in their filing they quote ownership and opportunity for our although I am not opposed. a November 25 email from Robert rural communities. This Federal pro- The Acting CHAIR. Is there objection Knapp, head of the New York City gram has helped over 2 million families to the request of the gentleman from Housing Authority’s heating manage- build wealth through the equity in Texas? ment services unit, stating: their home and encourages lenders to There was no objection. NYCHA official policy . . . is heat shut off provide loans to those who cannot usu- The Acting CHAIR. The gentleman between 10 p.m. and 5 a.m. when the outside ally obtain conventional financing. from Texas is recognized for 5 minutes. temperatures are above 20 degrees. When the Through this program, lenders are Mr. HENSARLING. Mr. Chairman, I outside temperature falls below 20 degrees, enabled and encouraged to serve bor- rise in support of the amendment of heat is given through the night. rowers they might typically reject the gentleman from Texas. I thank him Frankly, this is appalling. without the guarantee, increasing bor- for his leadership in this area of rural Many Democratic Representatives rowers’ access to home ownership op- housing. I think it plays a role in help- from New York City agreed with me, portunities. We owe it to our rural ing develop a more modern and effi- and that is why we submitted a letter, communities to provide the Section 502 cient management and underwriting led by my good friends and colleagues, program with the resources it needs to system to assess mortgage credit risk, Representatives ENGEL and RANGEL, to modernize and to continue expanding prevent foreclosures, and manage a bil- the head of NYCHA, urging it to com- home ownership and opportunity in our lion-dollar portfolio. pletely abandon the current heating most underserved rural communities. This is a bipartisan amendment and a policy. That letter was submitted to The Single Family Housing Guaran- bipartisan bill. We are happy to accept NYCHA—the largest housing agency in teed Loan Program relies on the Guar- it. I urge Members to adopt it. the country, overseeing more than anteed Underwriting System for deter- I yield back the balance of my time. 400,000 residents living in 2,500 build- mining loan approvals quickly and ac- The Acting CHAIR. The question is ings—more than a month ago, and we curately. Unfortunately, the current on the amendment offered by the gen- have yet to receive a response. That is system is in need of substantial tech- tleman from Texas (Mr. HINOJOSA). why I have come to the floor today. nological improvements in order to The amendment was agreed to. While it is not in our authority to process risk requests more efficiently. AMENDMENT NO. 6 OFFERED BY MS. MENG mandate what a building’s heating re- Guaranteed Underwriting System de- The Acting CHAIR. It is now in order quirements should be in any particular velopment is necessary for sound port- to consider amendment No. 6 printed in city across this vast country, clearly folio risk management and will benefit House Report 114–411. some help is needed. Apparently, some USDA field staff, rural borrowers, and Ms. MENG. Mr. Chairman, I have an local agencies might need official guid- private sector lenders alike. amendment at the desk. ance from HUD outlining the fact that My amendment will cover the cost of The Acting CHAIR. The Clerk will it is a good idea to turn the heat on at developing and maintaining the Guar- designate the amendment. night when the temperature outside is anteed Underwriting System and en- The text of the amendment is as fol- below freezing. able the Single Family Housing Guar- lows: I was hopeful things would not come anteed Loan Program to be adminis- Page 55, after line 11, add the following to this point, but right now, in the tered in a more effective manner, de- new section: middle of winter, when almost one in spite recent staffing reductions. SEC. 111. PUBLIC HOUSING HEATING GUIDE- five public housing residents in my city The nominal fee authorized by my LINES. are age 62 or older, and more than a amendment will be used to enhance Section 9 of the United States Housing Act quarter of them are children under the and maintain the Guaranteed Under- of 1937 (42 U.S.C. 1437g), as amended by the age of 18, I feel that this matter could preceding provisions of this Act, is further writing System and bring it into the ultimately be one of life or death. 21st century. It is expected that a fee amended by adding at the end the following new subsection: b 1615 ranging between $25 and $50 will gen- ‘‘(o) PUBLIC HOUSING HEATING GUIDE- erate approximately $4 million a year, LINES.—The Secretary shall publish model We do not want to return to an age in starting in 2018. The fee will support guidelines for minimum heating require- which tenants of local public housing important program improvements, in- ments for public housing dwelling units oper- authorities are forced to revert to cluding the delegation of underwriting ated by public housing agencies receiving as- heating their homes with stoves. to preferred lenders. sistance under this section.’’. Many of us here are all too familiar The fee will also develop the under- The Acting CHAIR. Pursuant to with the unfortunate tragedies that writing system’s technological capa- House Resolution 594, the gentlewoman occur as a result of that practice and bilities to current standards, including from New York (Ms. MENG) and a Mem- the fires that can also occur when resi- enhanced loan and lender oversight, ber opposed each will control 5 min- dents are forced to rely on individual metrics, and programatic controls. utes. space heaters. This efficiency upgrade will allow The Chair recognizes the gentle- For not only the safety of public USDA staff to allocate the necessary woman from New York. housing residents across America, but

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.048 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H470 CONGRESSIONAL RECORD — HOUSE February 2, 2016 also their humanity, heating standards amendment will prevent by requiring ‘‘(C) COVERED AGENCY OR ENTITY.—For pur- must be improved. the Secretary of Housing and Urban poses of this paragraph, the term ‘covered It is my hope that this amendment Development to issue guidelines on agency’ means a public housing agency or today, which mandates that HUD minimum heating requirements. such other entity that administers Federal housing assistance for— produce model heating guidelines, will I urge my colleagues to vote for this ‘‘(I) the Housing Authority of the county of assist in this endeavor. It is also my and ensure that public housing resi- Los Angeles, California; or hope that all of my colleagues will sup- dents’ health and safety are protected. ‘‘(ii) any of the States of Alaska, Iowa, and port this effort. I want to thank my colleague from Mississippi.’’. Mr. Chairman, I reserve the balance New York (Ms. MENG) for partnering The Acting CHAIR. Pursuant to of my time. with me on this important issue, and I House Resolution 594, the gentleman Mr. HENSARLING. Mr. Chairman, I thank her for her leadership. from Mississippi (Mr. PALAZZO) and a Ms. MENG. Mr. Chairman, I yield ask unanimous consent to claim the Member opposed each will control 5 back the balance of my time. time in opposition to this amendment, minutes. although I am not opposed to it. The Acting CHAIR. The question is The Acting CHAIR. Is there objection on the amendment offered by the gen- The Chair recognizes the gentleman from Mississippi. to the request of the gentleman from tlewoman from New York (Ms. MENG). Texas? The amendment was agreed to. Mr. PALAZZO. Mr. Chairman, to- There was no objection. The Acting CHAIR. The Committee day’s bill to improve public housing is The Acting CHAIR. The gentleman will rise informally. a strong step in streamlining a massive from Texas is recognized for 5 minutes. The Speaker pro tempore (Mr. Federal program. I want to thank Mr. HENSARLING. Mr. Chairman, I WOODALL) assumed the chair. Chairman HENSARLING for allowing us listened very carefully to the gentle- f to have this debate. woman’s comments on the floor. I am As a former public housing authority MESSAGE FROM THE PRESIDENT prepared to accept the amendment. She executive, I know all too well how im- makes some reasonable arguments. I A message in writing from the Presi- portant it is to balance financial and urge its adoption. dent of the United States was commu- managerial responsibility and over- I yield back the balance of my time. nicated to the House by Mr. Sherman sight while, at the same time, ensuring Ms. MENG. I thank the Chairman for Williams, one of his secretaries. residents’ needs are met. his support. The SPEAKER pro tempore. The This amendment is simple and ad- Mr. ENGEL. Will the gentlewoman Committee will resume its sitting. dresses an outdated and misinformed yield? f statute in the United States Housing Ms. MENG. I yield to the gentleman HOUSING OPPORTUNITY THROUGH Act that requires the membership of from New York. MODERNIZATION ACT OF 2015 directors of a public housing agency Mr. ENGEL. Mr. Chairman, I thank contain one member who is directly as- the gentlewoman for yielding to me. I The Committee resumed its sitting. sisted by the agency. certainly support what she is trying to AMENDMENT NO. 7 OFFERED BY MR. PALAZZO Opposition to this rule is not new. do. The Acting CHAIR (Mr. POE of When HUD proposed these rules in 1999, Last December it came to light that Texas). It is now in order to consider PHAs across the United States issued the New York City Housing Authority, amendment No. 7 printed in House Re- statements of opposition. NYCHA, has as recently as 2013 shut port 114–411. Some would argue that requiring Mr. PALAZZO. Mr. Chairman, I have down boilers in public housing prop- resident members to serve on the board an amendment at the desk. erties unless outside temperatures drop is a blatant conflict of interest, as he The Acting CHAIR. The Clerk will below 25 degrees. This forces residents or she would be making decisions that designate the amendment. to go without heat during the coldest financially impact his or her family The text of the amendment is as months of the year. and their well-being. While I agree, I follows: I grew up in affordable housing. I am not here to debate that today. grew up in city housing. So I am par- Page 55, after line 11, insert the following new section: This amendment addresses only the ticularly sensitive to everything that PHAs in three States and one county. the New York City Housing Authority SEC. 111. EXCEPTION TO PUBLIC HOUSING AGEN- CY RESIDENT BOARD MEMBER RE- This is because, in our respective State does. QUIREMENT. constitutions, there are provisions that I was outraged by this revelation. Subsection (b) of section 2 of the United expressly oppose the idea of a board More than 400,000 New Yorkers live in States Housing Act of 1937 (42 U.S.C. 1437(b)) member of any group receiving benefits NYCHA buildings, and, what’s more, is amended— from the very agency upon which he or (1) in paragraph (1), by striking ‘‘paragraph more than half of these residents live she serves. below the poverty line. (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; This amendment does not rob the These New Yorkers, along with every (2) by redesignating paragraph (3) as para- residents in specified areas of a voice American living in public housing, pay graph (4); and (3) by inserting after paragraph (2) the fol- in the affairs of their housing. In fact, rent and, in return, depend on Housing lowing new paragraph: it is a Federal requirement that each Authority leadership to fulfill the very ‘‘(3) EXCEPTION FOR CERTAIN JURISDIC- PHA have a resident advisory board reasonable need, a safe and decent shel- TIONS.— comprised of at least one resident who ter. ‘‘(A) EXCEPTION.—A covered agency (as serves as a liaison between the PHA A practice that forces tenants to such term is defined in subparagraph (C) of and housing residents. I speak from ex- grapple with bitter temperatures just this paragraph) shall not be required to in- perience when I say that their input is doesn’t fail to meet that need, it is clude on the board of directors or a similar always acknowledged and much appre- reckless and demeaning. governing board of such agency a member described in paragraph (1). ciated. Myself, Ms. MENG, and eight other ‘‘(B) ADVISORY BOARD REQUIREMENT.—Each This commonsense provision is usu- members of the New York City delega- covered agency that administers Federal tion sent a letter to the New York City ally passed through the appropriations housing assistance under section 8 (42 U.S.C. process, as it has been for decades. My Housing Authority asking that they 1437f) that chooses not to include a member immediately issue guidance con- described in paragraph (1) on the board of di- amendment simply makes it perma- demning this practice and make cer- rectors or a similar governing board of the nent. I encourage adoption of this com- tain that none of their buildings con- agency shall establish an advisory board of monsense provision. tinue to adhere to this outrageous pol- not less than 6 residents of public housing or I reserve the balance of my time. icy. recipients of assistance under section 8 (42 Ms. MAXINE WATERS of California. U.S.C. 1437f) to provide advice and comment Mr. Chairman, I rise in opposition to It is important, though, that no to the agency or other administering entity American living in public housing be on issues related to public housing and sec- this amendment. forced to suffer through the winter tion 8. Such advisory board shall meet not The Acting CHAIR. The gentlewoman months, and that is exactly what this less than quarterly. is recognized for 5 minutes.

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.051 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H471 Ms. MAXINE WATERS of California. be a part of the governing board, and it ess with the Senate, we can work with Mr. Chairman and Members, I have se- is inconceivable to me that we don’t my colleague to make sure that her rious concerns about providing a per- understand that we allow for exemp- State HA that she is referencing is manent exemption for the listed enti- tions to say: Okay. If you don’t want taken care of. ties from existing requirements that just one commissioner to serve on the But, again, my amendment I think each public housing authority must board with you, we will allow you to adds more voices to the governing have a resident commissioner serve on have an advisory board of six residents process for them to know what is going the governing board. that could involve themselves in the on in their local housing authority. In 1998, Congress passed this require- decisions that are made by the gov- I yield back the balance of my time. ment into law in recognition of the erning board. The Acting CHAIR. The question is need for the perspective and participa- I talk about this importance because on the amendment offered by the gen- tion of tenants in the governance of I think it is so important, as we engage tleman from Mississippi (Mr. PALAZZO). public housing authorities. To this day, and lift people out of poverty, that The question was taken; and the Act- this requirement helps to ensure that they understand the rules of the game. ing Chair announced that the noes ap- residents are included in board-level The only way you get to understand peared to have it. decisionmaking. the rules of the game is if you get to Mr. PALAZZO. Mr. Chairman, I de- However, in appropriations bills over play. You get to understand how deci- mand a recorded vote. the last decade, four entities have re- sions are made. You get to understand The Acting CHAIR. Pursuant to ceived an exemption from this require- what the rules are and how government clause 6 of rule XVIII, further pro- ment so long as they maintain a sepa- works. To exclude them does not make ceedings on the amendment offered by rate advisory board with at least six good sense to me. the gentleman from Mississippi will be residents of public or assisted housing. Now, I know why my own county postponed. The Housing Authority of the County would like to have this done. They b 1630 of Los Angeles is one of the four enti- would like to have this done because— AMENDMENT NO. 8 OFFERED BY MR. WELCH ties that received this exemption. How- guess what. We discovered that they The Acting CHAIR. It is now in order ever, last year I learned that HACOLA were trying to sell off 241 units of Sec- to consider amendment No. 8 printed in was not in compliance with the part of tion 8-type housing at the same time House Report 114–411. the exemption that requires that they that they were providing the museum Mr. WELCH. Mr. Chairman, I have an maintain an advisory board of at least with over $120 million, and they said amendment at the desk. six residents, and this noncompliance they could not afford the upkeep of The Acting CHAIR. The Clerk will had been going on for many years. those units. designate the amendment. HACOLA’s noncompliance resulted in They didn’t like it that we went out The text of the amendment is as fol- a lack of meaningful engagement by and talked with the residents. I went lows: residents on important policy issues af- out to the homes and I said: Did you Page 55, after line 11, insert the following fecting programs that HACOLA admin- know that these units are about to be new section: isters. sold? Do you know what is going to SEC. 111. USE OF VOUCHERS FOR MANUFAC- I successfully offered an amendment happen to you and why the county is TURED HOUSING. in the funding year 2016 housing fund- giving up these units? (a) IN GENERAL.—Section 8(o)(12) of the ing bill to strike HACOLA’s exemption. No. They didn’t know. They didn’t United States Housing Act of 1937 (42 U.S.C. While this amendment was ultimately have a clue because they didn’t have 1437f(o)(12)) is amended— not included in the final omnibus, it proper notification. They didn’t have (1) in subparagraph (A), by striking the pe- did put Congress, HUD, and the Hous- riod at the end of the first sentence and all one resident that served on the gov- that follows through ‘‘of’’ in the second sen- ing Authority on notice that failure to erning board. They didn’t have an advi- tence and inserting ‘‘and rents’ ’’’; and comply with this important law is sim- sory committee, even though L.A. (2) in subparagraph (B)— ply unacceptable. County had gotten an exemption. They (A) in clause (i), by striking ‘‘the rent’’ and This demonstrates that we need to be refused to even comply with the ex- all that follows and inserting the following: extremely careful when providing ex- emption to simply have an advisory ‘‘rent shall mean the sum of the monthly emptions for a requirement as impor- board. payments made by a family assisted under tant as this one. The exemption for This is not right. This does not make this paragraph to amortize the cost of pur- HACOLA and others was intended to good sense. I don’t know why you chasing the manufactured home, including any required insurance and property taxes, provide them with special accommoda- would support something like this. I the monthly amount allowed for tenant-paid tions while still ensuring meaningful urge a ‘‘no’’ vote on this amendment. utilities, and the monthly rent charged for tenant engagement. But HACOLA’s be- I yield back the balance of my time. the real property on which the manufactured havior displayed blatant disregard for Mr. PALAZZO. Mr. Chair, I want to home is located, including monthly manage- the law and the intent behind the law. thank my colleague for expressing ment and maintenance charges.’’; That is why I do not believe that we some good points. This amendment ac- (B) by striking clause (ii); and should be making this exemption per- tually continues to allow residents of (C) in clause (iii)— manent. Instead, I think we should be housing authorities to have a strong (i) by inserting after the period at the end thinking about ways to enhance com- voice. the following: ‘‘If the amount of the monthly assistance payment for a family exceeds the pliance with the existing exemption re- It monitors the situation not just in monthly rent charged for the real property quirements. our housing authorities that we are on which the manufactured home is located, For these reasons, of course I am trying to exempt under States where including monthly management and mainte- going to urge my colleagues to vote their constitution prohibits board nance charges, a public housing agency may ‘‘no’’ on this amendment. members from being able to sit on pay the remainder to the family, lender or Mr. Chairman and Members, it is just boards where they have a monetary or utility company, or may choose to make a inconceivable that we don’t understand fiscal interest in that. It is a huge con- single payment to the family for the entire that, if you want to not only educate flict of interest. monthly assistance amount.’’; and (ii) by redesignating such clause as clause tenants, but want to involve tenants in We are not going after all 2,700-plus (ii). decisionmaking and help them to un- public housing authorities. We are just (b) EFFECTIVE DATE.—The Secretary of derstand how democracy works and trying to make sure the States that Housing and Urban Development shall issue help them to understand the rules of have constitutions prohibiting such notice to implement the amendments made public housing and what can and can- blatant disregard to common sense and by subsection (a) and such amendments shall not be done and why these rules are having that conflict of interest are pro- take effect upon such issuance. adopted—if we don’t understand that, tected. The Acting CHAIR. Pursuant to we don’t understand anything. Apparently, there is a personal inter- House Resolution 594, the gentleman It is inconceivable to me that we est in the one jurisdiction. Hopefully, from Vermont (Mr. WELCH) and a Mem- would simply say that we do not want when my amendment is adopted, if we ber opposed each will control 5 min- just one commissioner, one resident, to are going through the conference proc- utes.

VerDate Sep 11 2014 03:08 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.054 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H472 CONGRESSIONAL RECORD — HOUSE February 2, 2016 The Chair recognizes the gentleman Vermont. I appreciate his amendment. must be done to get veterans off the from Vermont. I think that this helps equalize for a streets and into permanent housing. Mr. WELCH. Mr. Chairman, first of number of Section 8 users the ability This can be seen in my home district all, I am a strong supporter of the good to use manufactured housing to help where we have one of the largest home- work that is represented in H.R. 3700, equalize this with other housing op- less populations in the country, and and I congratulate Chairman LUETKE- tions. So I think it is an important also perhaps the largest populations of MEYER and Ranking Member CLEAVER step forward. homeless veterans. for their hard work on this, as well as I thank the gentleman from Vermont The underlying bill improves housing Chairman HENSARLING and Ranking for his leadership, and I recommend services for veterans by creating a new Member WATERS. Members vote for it. special assistant for veterans within This bill is a really solid, bipartisan Mr. Chairman, I yield back the bal- the Department of Housing and Urban improvement over the status quo. This ance of my time. Development. This new position will amendment would extend some of the Mr. WELCH. Mr. Chairman, I just coordinate veterans’ housing efforts benefits of H.R. 3700 to folks who live want to thank the gentleman from within HUD, serve as a liaison with the in mobile homes, and that happens to Texas for his gracious remarks. He VA, and ensure veterans have fair ac- be an awful lot of Vermonters who are spent a fair amount of time in the cess to housing programs. working real hard trying to make ends Green Mountain State, so he knows The amendment builds upon those meet. The idea of a bricks and sticks about these mobile homes. I am going improvements to further coordination house is a dream for them, but they to go back and tell folks that you are between the VA and HUD, both of love the mobile home they have, and still the good guy you were when you which provide a range of veteran home- they have economic challenges in that were spending more time in the Green less services and support. The amend- home. I think that is true not just in Mountain State. ment requires the Special Assistant to Vermont but really across rural Amer- Mr. Chairman, I yield back the bal- work with the VA and provide rec- ica. ance of my time. ommendations to each department and What this amendment would allow is The Acting CHAIR. The question is to Congress on how to improve coordi- for the Section 8 housing vouchers to on the amendment offered by the gen- nation and housing services for our Na- be used for some of the obvious ex- tleman from Vermont (Mr. WELCH). tion’s veterans. penses that are associated with owning The amendment was agreed to. We can do much more to not only a mobile home, Mr. Chairman. Right keep veterans off the streets, but to AMENDMENT NO. 9 OFFERED BY MR. PETERS now, only the land rent is what can be provide them with the resources and included in the voucher. But in addi- The Acting CHAIR. It is now in order support they need to have a safe, stable tion to that, obviously, you have got to consider amendment No. 9 printed in place to live and build a life after com- the true cost of the mobile home that House Report 114–411. pleting their service. the owner pays for the housing. In ad- Mr. PETERS. Mr. Chairman, I have In San Diego, organizations like dition to the land rent underneath the an amendment at the desk on behalf of zero8hundred and the Veterans Village home, mobile homeowners often pay a Ms. MICHELLE LUJAN GRISHAM of New of San Diego offer the kind of com- number of other costs, including utili- Mexico. prehensive transition support to help ties, insurance, and financing for their The Acting CHAIR. The Clerk will veterans be successful. mobile homes. designate the amendment. These are also the collective goals of People renting apartments where it The text of the amendment is as many HUD and VA programs, including is not a mobile home, all of those are follows: the VA’s Independent Living Program, factored into the rent. So what this Page 64, line 16, strike ‘‘and’’. which assists veterans to become more amendment would do is allow those Page 64, after line 16, insert the following independent in their homes so they costs to be included in the calculation new subparagraph: never become homeless in the first ‘‘(G) collaborating with the Department of for Section 8 that in our view put an Veterans Affairs on making joint rec- place. unnecessary and unfair limitation on ommendations to the Congress, the Sec- Mr. Chairman, I urge my colleagues what can be considered. Compare that retary of Housing and Urban Development, to support this amendment to ensure to the housing cost vouchers that indi- and the Secretary of Veterans Affairs on how that HUD and VA coordinate their ef- viduals in rental units get. All of those to better coordinate and improve services to forts on addressing the many different are included in the rent. veterans under both Department of Housing issues and aspects associated with vet- So this amendment would address and Urban Development and Department of eran homelessness. that issue by allowing the property Veteran Affairs veterans housing programs, Mr. Chairman, I reserve the balance taxes on a mobile home, as well as in- including ways to improve the Independent of my time. Living Program of the Department of Vet- surance, utilities, and financing, to be Mr. HENSARLING. Mr. Chairman, I eran Affairs; and’’ ask unanimous consent to claim the included as components of the housing Page 64, line 17, strike ‘‘(G)’’ and insert costs eligible for a voucher. ‘‘(H)’’. time in opposition, although I am not It would make a huge difference in opposed. The Acting CHAIR. Pursuant to The Acting CHAIR. Is there objection affordability for Vermonters and for House Resolution 594, the gentleman Americans across this country who are to the request of the gentleman from from California (Mr. PETERS) and a working hard every day and whose op- Texas? Member opposed each will control 5 There was no objection. tion for safe shelter is a mobile home. minutes. Mr. Chairman, I urge that my col- The Acting CHAIR. The gentleman The Chair recognizes the gentleman leagues support this amendment. I from Texas is recognized for 5 minutes. from California. thank my colleagues for the bipartisan, Mr. HENSARLING. Mr. Chairman, we Mr. PETERS. Mr. Chairman, I rise solid work they have done on this bill. all know on this House floor there is Mr. Chairman, I reserve the balance today to offer an amendment for my not enough we can ever do for our vet- of my time. friend, Ms. MICHELLE LUJAN GRISHAM of erans, the brave men and women who Mr. HENSARLING. Mr. Chairman, I New Mexico. served us in uniform. I think that the ask unanimous consent to claim time As of 2014, there were over 130,000 vet- author of the amendment, in attempt- in opposition, although I am not op- erans living in shelters and transi- ing to get HUD and the VA to work posed. tional housing in the United States. more closely together to address prob- The Acting CHAIR. Is there objection About 56 percent of these veterans have lems like veterans’ homelessness, is an to the request of the gentleman from a disability. I think we agree that that important thing to do. I hope it has Texas? is unacceptable. some benefit. There was no objection. Since 2009, the Department of Hous- Mr. Chairman, again, I just want to The Acting CHAIR. The gentleman ing and Urban Development and the accept the amendment and urge all from Texas is recognized for 5 minutes. Department of Veterans Affairs have Members to adopt it. Mr. HENSARLING. Mr. Chairman, I made significant progress to reduce the Mr. Chairman, I yield back the bal- appreciate the gentleman from number of homeless veterans. But more ance of my time.

VerDate Sep 11 2014 04:09 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.057 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H473 Mr. PETERS. Mr. Chairman, I thank Vegas, Seattle, San Jose, and Denver Mr. ELLISON. Mr. Chairman, I have the chairman for his gracious support also receive a disproportionately low an amendment at the desk. and for his work on behalf of veterans. amount of Federal resources. The Acting CHAIR. The Clerk will Mr. Chairman, I yield back the bal- My amendment would require the designate the amendment. ance of my time. Secretary of Housing and Urban Devel- The text of the amendment is as fol- The Acting CHAIR. The question is opment to reopen the public comment lows: on the amendment offered by the gen- period on the Continuum of Care for- Add at the end of the bill the following new tleman from California (Mr. PETERS). mula. This would allow service organi- title: The amendment was agreed to. zations, housing providers, community TITLE VI—FURNISHING RENT PAYMENT AMENDMENT NO. 10 OFFERED BY MR. PETERS faith leaders, and elected officials the INFORMATION TO CREDIT REPORTING The Acting CHAIR. It is now in order opportunity to provide input on how AGENCIES to consider amendment No. 10 printed HUD’s limited and valuable resources SEC. 504. FURNISHING INFORMATION ABOUT in House Report 114–411. can be most equitably and effectively RENT PAYMENTS TO A CONSUMER used to end homelessness in our coun- REPORTING AGENCY. Mr. PETERS. Mr. Chairman, I have (a) IN GENERAL.—Notwithstanding any an amendment at the desk. try. The amendment would not change other provision of law, the Secretary of The Acting CHAIR. The Clerk will the formula, and it would not unfairly Housing and Urban Development or any designate the amendment. disadvantage the district of any Mem- other person having authorized access may The text of the amendment is as fol- ber of this body. furnish to a consumer reporting agency (as lows: Since coming to Congress, I have defined in section 603 of the Fair Credit Re- porting Act (15 U.S.C. 1681a)) information re- Page 68, after line 4, insert the following been fighting to ensure that every city lating to the on-time performance of an indi- new section: receives its fair share of Federal fund- ing to help the homeless. I have cor- vidual in making payments under a lease SEC. 405. REOPENING OF PUBLIC COMMENT PE- agreement with respect to a dwelling unit RIOD FOR CONTINUUM OF CARE responded with both Secretary Dono- for which any subsidy or assistance for occu- PROGRAM REGULATIONS. van and now-Secretary Castro to advo- pancy in the dwelling unit is provided under Not later than the expiration of the 30-day cate for changes to the Continuum of a program administered by the Secretary of period beginning on the date of the enact- Care formula and ask for a public com- Housing and Urban Development. ment of this Act, the Secretary of Housing ment period. The people working on (b) ADDITIONAL REQUIREMENTS FOR FUR- and Urban Development shall re-open the pe- NISHERS.—Any person who furnishes such in- riod for public comment regarding the Sec- the ground to end homelessness deserve formation shall— retary’s interim rule entitled ‘‘Homeless the opportunity to weigh in on how (1) ensure that the payment information is Emergency Assistance and Rapid Transition this formula is affecting them and the reported in a manner that does not by itself to Housing: Continuum of Care Program’’, work they are doing. identify the individual as a recipient of hous- published in the Federal Register on July 31, Mr. Chairman, I urge all my col- ing assistance under a program administered 2012 (77 Fed. Reg. 45422; Docket No. FR–5476– leagues to support this amendment to by the Secretary of Housing and Urban De- I–01). Upon re-opening, such comment period ensure we are doing all we can to end velopment; and shall remain open for a period of not fewer the scourge of homelessness in this (2) notify the individual that such informa- than 60 days. country. tion will be provided to a consumer reporting The Acting CHAIR. Pursuant to Mr. Chairman, I reserve balance of agency before providing such information to House Resolution 594, the gentleman my time. a consumer reporting agency. from California (Mr. PETERS) and a Mr. HENSARLING. Mr. Chairman, I The Acting CHAIR. Pursuant to Member opposed each will control 5 ask unanimous consent to claim the House Resolution 594, the gentleman minutes. time in opposition to the amendment, from Minnesota (Mr. ELLISON) and a The Chair recognizes the gentleman although I am not opposed. Member opposed each will control 5 from California. The Acting CHAIR. Is there objection minutes. Mr. PETERS. Mr. Chairman, each to the request of the gentleman from The Chair recognizes the gentleman Member of this body represents a dis- Texas? from Minnesota. trict that is affected to some degree by There was no objection. Mr. ELLISON. Mr. Chairman, I want homelessness. We all work diligently The Acting CHAIR. The gentleman to thank the gentlewoman, Ranking to grow the economy, create high-qual- from Texas is recognized for 5 minutes. Member WATERS, and Chair HEN- ity jobs, and create opportunity so that Mr. HENSARLING. Mr. Chairman, I SARLING for their leadership on the no one has to live on the streets. But think the comment period does need to committee. for many in our districts, ending the be reopened. It is an important issue. Mr. Chairman, too many people are scourge of homelessness is an ongoing Voices need to be heard. excluded from the financial main- battle that take resources and coordi- The gentleman from California is stream. Fifty million Americans lack a nation from our communities. now batting a thousand. I am not sure credit score. Either they have no credit All of our districts are supported by if he has any other amendments. He file at all, or they have too few trade the Continuum of Care program, which may be pressing his luck after that. lines to establish a credit score. assists local leaders working diligently Mr. Chairman, I urge adoption of the There have been some real innova- to distribute funding to public and non- amendment. tions in helping these people we call profit institutions that shelter the Mr. Chairman, I yield back the bal- ‘‘credit invisibles’’ to build an accurate homeless, set up transitional housing, ance of my time. score. FICO, which has a large presence and provide support programs. Mr. PETERS. Mr. Chairman, I am in my State, has been a real leader in In San Diego we recently completed well aware of what success looks like building more inclusive and accurate our Point in Time count. My office and in this body, and I am finished offering scoring methodology. other public servants counted the amendments. I want to thank all the But credit scoring agencies cannot homeless living on the street and in people, including the ranking member score information they don’t have, and shelters to determine how better to and Chairman HENSARLING, for their they tend to have late payment infor- serve them as we work to end home- hard work on this bill. This is a good mation but not on-time payment infor- lessness. In 2014, this count found that piece of work. mation. In other words, Mr. Chairman, San Diego had the fifth largest home- Mr. Chairman, I yield back the bal- if somebody doesn’t pay a bill, prob- less population in our country. But in ance of my time. ably it is scored. If they do pay it, that same year, our Continuum of Care The Acting CHAIR. The question is probably it is not. program received the 23rd highest level on the amendment offered by the gen- This is the case for HUD residents. of Federal anti-homelessness funds. tleman from California (Mr. PETERS). That is why we need to make it easier San Diego is not the only city that is The amendment was agreed to. for firms to provide customers’ on-time disadvantaged by the formula that is AMENDMENT NO. 11 OFFERED BY MR. ELLISON payment data. used to determine how Federal anti- The Acting CHAIR. It is now in order My amendment specifically aims to homelessness funds are distributed. to consider amendment No. 11 printed help some of the 3 million people who Other western cities like Houston, Las in House Report 114–411. live in HUD-assisted housing. By law,

VerDate Sep 11 2014 04:09 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.059 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H474 CONGRESSIONAL RECORD — HOUSE February 2, 2016 families, people with disabilities, and My amendment includes language man. I certainly urge the body to re- the elderly who receive HUD assistance from H.R. 4172, the Credit Access and ject it. pay 30 percent of their income for rent. Inclusion Act. H.R. 4172 has 20 cospon- The Acting CHAIR. The Chair re- I want to see them get credit they de- sors. Ten are Republican. Seven of the minds Members to address their re- serve for paying their rent on time. ten Republicans serve with me on the marks to the Chair and not to other These folks pay their rent on time, yet Financial Services Committee. Members in the second person. it never shows up in their FICO score. In conclusion, please support this Mr. HENSARLING. Mr. Chairman, I Why are we not reporting their on- amendment because it would do a num- yield back the balance of my time. time rental payment? Because the law ber of very important things: The Acting CHAIR. The question is requires each tenant to provide prior It would help credit invisibility for on the amendment offered by the gen- written consent before having their on- hundreds, if not thousands—millions, tleman from Minnesota (Mr. ELLISON). time rental payment information re- even, and that is not an exaggeration— The amendment was rejected. ported, but it does not require the of very low-income people. AMENDMENT NO. 12 OFFERED BY MR. AL GREEN same information to report late pay- It makes it easier to provide pre- OF TEXAS ments of rent. So they can get hit for dictive data of someone’s ability to pay The Acting CHAIR. It is now in order late payment, no credit for on-time. and willingness to repay. And based on to consider amendment No. 12 printed The prior written consent is man- solid empirical evidence, that rental in House Report 114–411. dated by the Privacy Act of 1974, which payment data can move people from Mr. AL GREEN of Texas. Mr. Chair- I believe was a well-meaning and good unscoreable to prime or near prime. man, I have an amendment at the desk. piece of legislation—except it needs to We should help HUD-assisted tenants The Acting CHAIR. The Clerk will be updated. This piece of legislation, enter the financial mainstream. Let’s designate the amendment. the Privacy Act of 1974, wants to pro- implement rent reporting on a large The text of the amendment is as fol- tect the privacy of affordable housing scale. lows: residents, which is good, and I support I yield back the balance of my time. At the end of the bill, add the following that. But in this case, it is causing Mr. HENSARLING. Mr. Chairman, I new title: more harm than good. Requiring each claim the time in opposition. TITLE VI—FHA PILOT PROGRAM FOR AD- resident to grant written permission The Acting CHAIR. The gentleman DITIONAL CREDIT RATING INFORMA- and then have the housing provider from Texas is recognized for 5 minutes. TION manage all those forms is a burden. Mr. HENSARLING. Mr. Chairman, I SEC. 601. PILOT PROGRAM FOR ADDITIONAL listened carefully to the gentleman CREDIT RATING INFORMATION FOR b 1645 FHA MORTGAGORS. from Minnesota. He makes a number of Section 258 of the National Housing Act (12 We have empirical evidence to show important points. We have had this dis- U.S.C. 1715z–24) is amended as follows: that such rent reporting helps tenants. cussion previously. I know the gen- (1) AUTHORITY.—In the first sentence of Recently, Credit Builders Alliance led tleman from Minnesota is aware of my subsection (a), by striking ‘‘shall’’ and in- a Rent Reporting for Credit Building commitment that, within the com- serting ‘‘may’’. pilot in eight communities. The Rent mittee, we will have a hearing that will (2) EXTENSION OF PROGRAM.—By striking Reporting for Credit Building pilot re- include the subject matter of his subsection (d). ported rent payments of 1,255 low-in- amendment. The Acting CHAIR. Pursuant to come residents who lived in assisted I think the gentleman’s amendment, House Resolution 594, the gentleman housing. obviously, addresses the Fair Credit from Texas (Mr. AL GREEN) and a Mem- The research found that credit-invis- Reporting Act, which is not part of this ber opposed each will control 5 min- ible residents who participated in the underlying housing bill. Again, we will utes. pilot were able to build a high debate his issue, research his issue, and The Chair recognizes the gentleman nonprime of 646, or prime score of 688 take testimony on his issue in the fu- from Texas. with the inclusion of their rental pay- ture. Mr. AL GREEN of Texas. Mr. Chair- ment history. Even if they don’t want I do not believe that this is the ap- man, this is an amendment that is to borrow money, their scores are propriate bill for his particular amend- known to the ranking member as well going up, meaning that they apply for, ment, so I am going to urge rejection as the chairman of the committee. I perhaps, lower interest rates, apply for at this time. will not complicate it. It is a very sim- jobs, and have a better situation all Mr. LUETKEMEYER. Will the gen- ple amendment. It simply says that around. tleman yield? HUD may—HUD may—develop a pilot To repeat: from credit-invisible to Mr. HENSARLING. I yield to the program to consider additional credit credit scores above 646, and some much gentleman from Missouri. scoring information. higher. Even those who had a credit Mr. LUETKEMEYER. Mr. Chairman, We know that there are people who score already saw it go up. Seventy- in listening to the discussion with the have insufficient credit files and, as a nine percent—a vast majority—saw an gentleman from Minnesota with regard result, they don’t get consideration for increase in credit scores. This was an to his amendment, he made the com- a light bill, gas bill, water bill, or average increase of 23 points. ment that they already report it when- phone bill. These are some of the Credit Builders Alliance and other re- ever the people don’t make their pay- things that we have people making searchers want to expand their efforts ments, and they need to be reporting it payments on quite regularly timely, to help more residents. Another pilot when they do make their payments. but they don’t get considered. program is pending. HUD is partnering Does that mean we are going to have to We are simply asking HUD to develop with Experian; FICO; LexisNexis; the start reporting car payments, house a pilot program. We say ‘‘may de- Policy and Economic Research Coun- payments, and all those things, too, velop.’’ There really is no requirement cil, PERC; and TransUnion to evaluate when people make them on time? Be- that HUD do it within some statutory the impact of reporting rental payment cause this is what he is asking us to do period of time. There is no requirement history on credit scores of subsidized is, every time somebody does some- that HUD will perform this in a certain housing residents and the general pop- thing right, suddenly now we have got way. But just see if there is some way ulation. to be reporting that. If you go down to help people who make these pay- The Privacy Act requirement has that road, then I think we have got ments timely such that this can be- hindered their effort. Already over- some problems. come a part of the additional credit in- worked housing staffs struggle to Also, in your amendment here, you formation. maintain the paperwork necessary to indicate that, with the data as re- Now, I am emphasizing ‘‘additional’’ report renters’ on-time payment. Hous- ported, they are not able to identify if because, quite frankly, I had ‘‘alter- ing staffs find that it is difficult to set the person is a recipient of housing as- native’’ at one time, ‘‘alternative cred- up automated payment data trans- sistance—we are going to tie their it scoring.’’ That created some confu- mission between property managers hands, yet force them to do some stuff. sion because we are not using this as and the credit bureaus with an always I think this is a rather ill-conceived an alternative. This becomes addi- changing database. amendment, quite frankly, Mr. Chair- tional information.

VerDate Sep 11 2014 04:09 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.063 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H475 I reserve the balance of my time. line. I will oppose the gentleman’s I yield back the balance of my time. Mr. HENSARLING. Mr. Chairman, I amendment. The Acting CHAIR. The question is claim the time in opposition. I reserve the balance of my time. on the amendment offered by the gen- The Acting CHAIR. The gentleman Mr. AL GREEN of Texas. Mr. Chair- tleman from Texas (Mr. AL GREEN). from Texas is recognized for 5 minutes. man, how much time do I have remain- The question was taken; and the Act- Mr. HENSARLING. Mr. Chairman, ing? ing Chair announced that the noes ap- because the gentleman from Texas is a The Acting CHAIR. The gentleman peared to have it. friend—and you hear Members say that from Texas (Mr. AL GREEN) has 31⁄2 Mr. AL GREEN of Texas. Mr. Chair- frequently, but in this case it is as sin- minutes remaining. man, I demand a recorded vote. cere as it can be—the committee has Mr. AL GREEN of Texas. Mr. Chair- The Acting CHAIR. Pursuant to attempted to work with the gentleman man, the gentleman from Texas (Mr. clause 6 of rule XVIII, further pro- from Texas. Both sides worked in good HENSARLING) is imminently correct. We ceedings on the amendment offered by faith. Regrettably, we did not come to are friends. I say it in the sincerest the gentleman from Texas will be post- a point of mutual agreement on the way as well. He and I have collaborated poned. on many issues, and we have gotten a resolution of his amendment, so I am b 1700 going to oppose it at this time. lot of things done in Congress. I hope AMENDMENT NO. 13 OFFERED BY MS. JACKSON The amendment would essentially that doesn’t hurt him back home, let- ting people know that we have worked LEE provide a reauthorization of a program The Acting CHAIR. It is now in order that the Obama administration even on things together. But, obviously, I have a different to consider amendment No. 13 printed believed was too risky to establish be- in House Report 114–411. cause they had years to establish it perch, and from my perch here is what I see. I see an opportunity for addi- Ms. JACKSON LEE. Mr. Chairman, I and they chose not to. have an amendment at the desk. I appreciate the effort. I appreciate tional credit scoring to be used, and if it is negative, it is not going to benefit The Acting CHAIR. The Clerk will the sincerity of the gentleman from designate the amendment. Texas. I understand what he is trying the person that is being scored. It does not prevent any other negative infor- The text of the amendment is as fol- to do. But I also fear that, ultimately, mation from being properly scored. It lows: the impact of what the gentleman is simply says that HUD may use this in- At the end of the bill, add the following trying to do very well could help has- formation, indicating that persons new title: ten the insolvency and bankruptcy of have paid a light bill, gas bill, water TITLE VI—REPORTS the FHA, hurting their financials. bill, or phone bill as additional infor- SEC. 601. REPORT ON INTERAGENCY FAMILY I am happy that the FHA, after 7 mation. That is all it says, that it may ECONOMIC EMPOWERMENT STRATE- years, has finally decided to actually GIES. do this and it may create the scoring. The Secretary of Housing and Urban Devel- obey the law, but I am not sure that Now, with reference to HUD, HUD the program that the gentleman from opment, in consultation with the Secretary has given me an indication—and I don’t of Labor, shall submit a report to the Con- Texas is advocating could not put fur- have it in writing to hand to you, Mr. gress annually that describes— ther pressure on FHA’s insurance fund, Chairman, but I believe you would (1) any interagency strategies of such De- ultimately hurting those it is designed trust my word—that they are not op- partments that are designed to improve fam- to help. posing this. ily economic empowerment by linking hous- I would say again that, regardless of One of the reasons why it wasn’t done ing assistance with essential supportive serv- one’s good intentions, I am still very, previously was a function of HUD’s ices, such as employment counseling and very fearful of pilot programs’ mays training, financial education and growth, budget. I believe this to be the reason. childcare, transportation, meals, youth rec- and shalls that somehow get the polit- And because of budgetary concerns, it ical process involved in telling lenders, reational activities, and other supportive did not get done—it was codified in the services; and or cajoling lenders, or suggesting to law—and that is why I am reintro- (2) any actions taken in the preceding year lenders what credit standards they ducing it. But this is a milder version to carry out such strategies and the extent should use. That is exactly what helped of what I introduced previously, be- of progress achieved by such actions. bring us to the housing crisis in the cause previously we said HUD shall do The Acting CHAIR. Pursuant to first place. this, and this time we have made it as House Resolution 594, the gentlewoman No matter how well-intentioned Fed- mild as possible. from Texas (Ms. JACKSON LEE) and a eral policy was, ultimately, there was The Realtors are very much sup- Member opposed each will control 5 Federal policy that incented, cajoled, portive of it. This will give 50 million minutes. and, in some cases, mandated financial people who are currently with light The Chair recognizes the gentle- institutions to put people into homes credit files, don’t have sufficient credit woman from Texas. they could not afford to keep. It didn’t scores, to have some additional infor- Ms. JACKSON LEE. Mr. Chairman, I do the economy any good, it didn’t do mation to be considered. thank the chairman and ranking mem- the taxpayer any good, and it certainly But it does not in any way require ber of the full committee and express didn’t do the homeowner any good to that negative information be received my excitement in talking about reform put them in a home they could not af- in a positive manner. If it is negative, and real housing issues. ford to keep. it remains negative. If you haven’t paid If there is ever an issue that we, as Again, I have no doubt that is not the your car note, it is still a negative. If Members of Congress, are confronted intention of the gentleman from Texas. you haven’t paid your light bill, gas with when we go home to our districts, But I have fears—I have fears—that bill, or water bill, it is still a negative. it is about people who need housing, once we start going down this road of It only gives the opportunity to add about people who don’t have housing, telling lenders essentially what type these other things as things to consider about people who have poor housing, of—and, ultimately, that is what we for many people who, quite frankly, about seniors who need housing, about are doing with FHA. You are, ulti- don’t have a lot of traditional credit. young families who need housing. mately, telling lenders, or suggesting They don’t have bad credit; they just I am delighted to be part of this ref- to lenders, what credit standards they don’t have traditional credit. There are ormation that has been done by the should employ. a lot of my constituents who fall into Committee on Financial Services and I am fearful of going down this road. this category. to acknowledge the chairman and the We had discussed a number of com- Mr. Chairman, I yield back the bal- ranking member of the subcommittee promises. We came close. Unfortu- ance of my time. from which this comes and to con- nately, we didn’t get there with the Mr. HENSARLING. Mr. Chairman, as gratulate this bipartisan process. gentleman from Texas. persuasive as my friend is from Texas, I am delighted to offer an amend- I am going to oppose this amend- he wasn’t quite persuasive enough. At ment. I thank the Rules Committee for ment, simply because of who he is, this particular moment, I continue to making it in order, for I think it adds somewhat reluctantly. But, nonethe- oppose the amendment of from the gen- to the improvement of some of the less, the bottom line is the bottom tleman from Texas. issues that we are confronted with.

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.066 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H476 CONGRESSIONAL RECORD — HOUSE February 2, 2016 My amendment indicates that the seling and training, financial growth, necting low-income families to job training Secretary of Housing and Urban Devel- childcare, transportation, meals, and other and supportive services such as childcare and opment, in consultation with the Sec- support services. transportation are key to helping these fam- Representative Jackson Lee’s amendment retary of Labor and with other rel- ilies access employment and economic op- recognizes that in addition to housing, con- portunity and achieve stability. Representa- evant agencies, shall submit a report necting low-income families to job training tive Jackson Lee’s amendment also recog- to Congress annually that goes to the and supportive services are key to helping nizes that helping families achieve economic heart of some of the issues unaddressed families access employment and economic empowerment requires interagency collabo- of interagency strategies of such de- opportunity and achieve stability. Rep- ration. We know that public systems are bet- partments that are designed to im- resentative Jackson Lee’s amendment also ter at solving big problems when they work recognizes that helping families achieve eco- prove family economic empowerment together to share capacity, knowledge, and nomic empowerment requires interagency resources, and we commend Representative by linking housing assistance with es- collaboration. We know that public systems sential supportive services, such as em- Jackson Lee for encouraging systems col- are better at solving big problems when they laboration to help ensure that low-income ployment, counseling, training, finan- work together to share capacity, knowledge, families can succeed in housing and employ- and resources. We commend Representative cial education and growth, child care, ment. We further encourage HUD to collabo- Jackson Lee for encouraging systems col- transportation, meals, youth rec- rate with the Department of Health and laboration to help ensure that low-income reational activities, and other sup- Human Services and the Department of Agri- families succeed in housing and employment. culture, as these agencies can offer families portive services. We further encourage HUD to collaborate It goes on to say: any actions taken with the Department of Health and Human critical supports such as child care and nu- in the preceding year to carry out such Services and the Department of Agriculture, trition assistance that are necessary to for strategies and the extent of progress as these agencies can offer families critical employment success. achieved by such actions. supports such as child care and nutrition as- Heartland Alliance’s National Initiatives My amendment recognizes that, in sistance that are necessary for success. Team has a number of resources and tools addition to housing connecting low-in- The Coalition for the Homeless of Houston/ that can support efforts to help individuals Harris County, as a leader of The Way Home, and families facing barriers to employment come families to job training and sup- the collaborative model to prevent and end succeed in the work. We are happy to serve portive services, such as child care, homelessness in Houston, Harris County, and as a resource moving forward, and thank you transportation, it is key to enabling Fort Bend County knows the importance of for recognizing the important role of em- families across the country—from interagency collaboration and the incredible ployment in helping low-income families Texas to California, from New York to successes that can be achieved as a result of achieve housing and financial stability. California—to access employment and shared capacity, knowledge and resources. If you have any questions, please feel free other services that foster upward eco- We have made tremendous progress in our to contact Melissa Young, Director of Heart- community and are happy to serve as a re- land Alliance’s National Initiatives on Pov- nomic mobility and family stability. It source moving forward. Thank you for recog- allows them to look at their family erty & Economic Opportunity. nizing the important role of employment in Sincerely, structure and at people who are in helping low-income families achieve housing MELISSA YOUNG, need. and financial stability. Director, Heartland If you have any questions, please feel free My amendment acknowledges and Alliance’s National to contact Marilyn Brown recognizes that helping families Initiatives on Pov- ([email protected]), President/ achieve economic empowerment re- erty & Economic Op- quires interagency collaboration. CEO of the Coalition for the Homeless of Houston/Harris County. portunity. Let me cite, Mr. Chairman, two sup- Sincerely, Ms. JACKSON LEE. I am delighted portive letters from the National Coa- MARILYN L. BROWN, to tell the story of Finney from the lition for the Homeless and from the President/CEO. Houston Housing Authority where we Heartland Alliance, which are sup- gave her supportive services through porting this constructive and instruc- HEARTLAND ALLIANCE NATIONAL the Family Sufficiency Program. She tive amendment to find out what our INITIATIVES, has gotten to the point of attaining a families need to be strong. February 1, 2016. Speaker PAUL RYAN, credit score of 640, and she is now a LEADING HOUSTON HOME, Washington, DC. proud homeowner. What a legacy. February 2, 2016. Hon. BLAINE LUETKEMEYER, So I would ask my colleagues to sup- Speaker PAUL RYAN, Chairman, Subcommittee on Housing and Insur- Washington, DC. ance Financial Services Committee, Wash- port this amendment. Hon. BLAINE LUETKEMEYER, ington, DC. Mr. Chairman, how much time do I Chairman, Subcommittee on Housing and Insur- Democratic Leader NANCY PELOSI, have remaining? ance Financial Services Committee, Wash- Washington, DC. ington, DC. The Acting CHAIR. The gentlewoman Hon. EMANUEL CLEAVER, from Texas has 2 minutes remaining. Democratic Leader NANCY PELOSI, Ranking Member, Subcommittee on Housing and Washington, DC. Insurance Financial Services Committee, MODIFICATION TO AMENDMENT NO. 13 OFFERED Hon. EMANUEL CLEAVER, Washington, DC. BY MS. JACKSON LEE Ranking Member, Subcommittee on Housing and DEAR SPEAKER RYAN AND LEADER PELOSI, Insurance Financial Services Committee, Heartland Alliance’s National Initiatives on Ms. JACKSON LEE. Mr. Chairman, Washington, DC. Poverty & Economic Opportunity is dedi- unfortunately, as my dear colleague DEAR SPEAKER RYAN AND LEADER PELOSI: cated ending chronic unemployment and from Guam missed her time in which The Coalition for the Homeless of Houston/ poverty. We are writing in support of H.R. to offer her amendment, I ask unani- Harris County is dedicated to preventing and 3700, the Housing Opportunity through Mod- mous consent to modify my amend- ending homelessness in Houston, Harris ernization Act. The proposed legislation in- County, and Fort Bend County. We are writ- ment with the modification by the gen- cludes many provisions that would increase tlewoman from Guam (Ms. BORDALLO), ing in support of H.R. 3700, the Housing Op- the efficiency and effectiveness of critical portunity through Modernization Act. The rental assistance programs that serve ex- which I have placed at the desk. proposed legislation includes many provi- tremely low-income households. The Acting CHAIR. The Clerk will re- sions that would increase the efficiency and In particular, we are writing in support of port the modification. effectiveness of critical rental assistance Amendment Four, submitted by Congress- The Clerk read as follows: programs that serve extremely low-income woman Sheila Jackson Lee’s (TX–18) to the households. Rules Committee. Representative Jackson At the end of the amendment, add the fol- In particular, we are writing in support of Lee’s Amendment Four directs the Secretary lowing: Amendment Four, submitted by Congress- of Housing and Urban Development to work Page 55, after line 11, insert the following woman Sheila Jackson Lee (TX–18) to the with the Secretary of Labor to produce an new section: Rules Committee. Representative Jackson annual report on interagency strategies to Lee’s Amendment Four directs the Secretary strengthen family economic empowerment SEC. 111. PREFERENCE FOR UNITED STATES of Housing and Urban Development (HUD) to by linking housing with essential supportive CITIZENS OR NATIONALS. work with the Secretary of Labor to produce services such as employment counseling and Section 214(a)(7) of the Housing and Com- an annual report on interagency strategies training, financial growth, childcare, trans- munity Development Act of 1980 (42 U.S.C. to strengthen family economic empower- portation, meals, and other support services. 1436a(a)(7)) is amended by striking ‘‘such ment by linking housing with essential sup- Representative Jackson Lee’s amendment alien’’ and all that follows through the pe- portive services such as employment coun- recognizes that in addition to housing, con- riod at the end and inserting ‘‘any citizen or

VerDate Sep 11 2014 06:13 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.069 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H477 national of the United States shall be enti- cept it. The same is true for the families to job training and supportive services tled to a preference or priority in receiving amendment offered by the gentle- such as childcare and transportation are key financial assistance before any such alien woman from Guam (Ms. BORDALLO). to enabling families across the country from who is otherwise eligible for assistance.’’. I am sorry she missed her oppor- Texas to California access to employment and The Acting CHAIR. Is there objection tunity earlier, but I am glad she has other services that foster upward economic to the request of the gentlewoman her opportunity now. I am prepared to mobility and family stability. from Texas? accept her amendment as well. Jackson Lee amendment Number 13 ac- There was no objection. I urge adoption. knowledges and recognizes that helping fami- The Acting CHAIR. The amendment Mr. Chairman, I yield back the bal- lies achieve economic empowerment requires is modified. ance of my time. interagency collaboration. Ms. JACKSON LEE. Mr. Chairman, I Ms. JACKSON LEE. Mr. Chairman, I I am pleased to submit into the RECORD let- yield 1 minute to the gentlewoman thank the gentleman from Texas. ters supporting my amendment authored by from Guam (Ms. BORDALLO). I was very pleased to help out the the Coalition for the Homeless of Houston/ Ms. BORDALLO. I thank the gentle- gentlewoman from Guam, and I want Harris County and the Heartland Alliance Na- woman from Texas for yielding. to indicate that these are two amend- tional Initiatives on Poverty and Economic Op- Mr. Chairman, my amendment fixes a ments that stand on their own right. portunity. misinterpretation of law and gives U.S. I close by indicating the purpose of Mr. Chair, we all know that public systems citizens and nationals a preference over the amendment offered by Ms. JACKSON are better at solving big problems when there migrants from the Republic of Palau, LEE to again refer to Finney, a woman is coordination amongst various implementing from the Republic of the Marshall Is- who tried to get a home. agencies motivated to work together to share lands, and from the Federated States of She stayed in the program and com- capacity, knowledge, and resources. Micronesia when receiving Federal aid. pleted the criteria that was needed for My amendment encourages agency collabo- I continue to support allowing these her to qualify. She earned wages of at ration to help ensure that low-income families migrants to receive housing assistance. least $20,000 and got that credit score can succeed in housing, in employment and in Otherwise, our housing situation in and established a savings account of life. Guam and in other affected jurisdic- $1,000. Interagency collaborations between agen- tions would get even worse. However, it This is what we are talking about cies such as the Department of Labor, Depart- was not the intent of Congress to dis- with regard to supportive services. ment of Health and Human Services and the place our citizens when it extended eli- What we want to do is to emphasize Department of Agriculture can offer families gibility to migrants in 2000. employment counseling, financial edu- critical support such as child care and nutrition Unfortunately, limited resources cation, growth, child care, transpor- assistance that are necessary for family sta- have led many U.S. citizens in Guam to tation, meals, youth recreational ac- bility and employment success. be displaced by COFA migrants who tivities, and other supportive services. Livelihood and self-dignity are tied to em- have entered our country as a result of I am very glad to have the support, if ployment and employment is critical to achiev- the Compact of Free Association. you will, of the National Coalition for ing financial independence and stability and Guam’s local housing authority has in- the Homeless of Houston, Harris Coun- stimulation of the economy. dicated that demand for housing assist- ty, as well as of the Heartland Alliance My amendment seeks to bridge the opportu- ance far outweighs the resources avail- to be able to say that this makes for a nities that abound when there is interagency/ able. better roadmap for getting housing to intersystem collaboration and the success that A recent Guam PDN article indicated people who are in need. can come about. that homeless data shows that local I celebrate the fact that we are on Take for instance the success story of Fini residents of Guam make up nearly 42 the floor with this reform bill, talking Tuamokumo, a single mother of three children percent of the homeless on Guam, that about housing. I ask my colleagues to and former Housing Choice Voucher partici- 536 Chamorros, the indigenous people, support the Jackson Lee amendment. pant, enrolled in the Houston Housing and 42 Filipinos were considered home- Mr. Chairman, I yield back the bal- Authority’s Family Self-Sufficiency program less. ance of my time. (FSS). I ask for the support of my amend- Ms. JACKSON LEE. Mr. Chair, let me ex- Among other supportive services, the Hous- ment. press my appreciation to Chairman LUETKE- ton Housing Authority’s FSS program facili- Ms. JACKSON LEE. I thank the gen- MEYER and Ranking Member CLEAVER for their tates a pathway for public housing tenants to tlewoman. leadership, commitment and effort to mod- meet their individual goals by connecting them Mr. Chairman, I reserve the balance ernize and improve Federal Housing programs to community resources and homeownership of my time. for millions of Americans who are working assistance. Mr. HENSARLING. Mr. Chairman, I their way up to economic empowerment and Aspiring home owners like Fini receive sup- ask unanimous consent to claim the stability. port and resources towards employment suc- time in opposition to the amendment, I also wish to thank Chairman SESSIONS, cess and homeownership. although I am not opposed. Ranking Member SLAUGHTER, and the mem- I am proud to report that Fini began the The Acting CHAIR. Is there objection bers of the Rules Committee for making in process, stayed the course and completed the to the request of the gentleman from order Jackson Lee amendment Number 13. criteria needed to qualify for homeownership: Texas? Mr. Chair, thank you for the opportunity to earned wages of at least $20,000 per year, a There was no objection. explain my amendment, which provides: credit score of 640 or higher, the establish- The Acting CHAIR. The gentleman The Secretary of Housing and Urban Devel- ment of an Individualized Development (sav- from Texas is recognized for 5 minutes. opment, in consultation with the Secretary of ings) Account with a minimum balance of Mr. HENSARLING. Mr. Chairman, Labor and other relevant agencies, shall sub- $1,000, and completion of the FSS program’s first, in dealing with the amendment mit a report to the Congress annually that de- Financial Literacy and First Time Home Own- from the gentlewoman from Texas, I scribes— ership classes. often don’t have an opportunity to (1) any interagency strategies of such De- Fini is now a proud homeowner and can work with her. I am happy to work partments that are designed to improve family now pass on the legacy of the importance of with her on this matter and to recog- economic empowerment by linking housing a work ethic, grit and homeownership to her nize that this report could, indeed, add assistance with essential supportive services, children. value. such as employment counseling and training, Fini is just one of many success stories of I think anything that we can do to financial education and growth, childcare, intersystem/interagency coordination as a help with family economic empower- transportation, meals, youth recreational activi- nexus towards federal housing and economic ment in the areas that she has identi- ties, and other supportive services; and empowerment. fied, such as in employment counseling (2) any actions taken in the preceding year Mr. Chair, my amendment will create the and training and the coordination of to carry out such strategies and the extent of space and opportunity for the economic mobil- these areas, can be very valuable. progress achieved by such actions. ity of federal housing recipients through linking I appreciate the gentlewoman’s Mr. Chair, my amendment recognizes that in housing assistance with essential supportive amendment, and I am prepared to ac- addition to housing, connecting low-income services such as employment counseling and

VerDate Sep 11 2014 06:13 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A02FE7.033 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H478 CONGRESSIONAL RECORD — HOUSE February 2, 2016 opportunities, financial education and growth, based on area poverty indexes or another velopment Act of 1974 (42 U.S.C. 5306), on a childcare, transportation, meals, youth rec- methodology established by the Secretary pro rata basis. reational activities and other supportive serv- through regulation. ‘‘(B) For funds reserved for a metropolitan statistical area, to the State in which the ices. ‘‘(2) MAINTAINING GRANTS.— ‘‘(A) CONTINUED ELIGIBILITY OF FISCAL YEAR metropolitan statistical area is located. For all these reasons, I urge my colleagues 2016 GRANTEES.—A grantee that received an ‘‘(C) If the Secretary is unable to make a to join me and support Jackson Lee Amend- allocation in fiscal year 2016 shall continue reallocation under subparagraph (A) or (B), ment Number 13. to be eligible for allocations under paragraph the Secretary shall make such funds avail- The Acting CHAIR. The question is (1) in subsequent fiscal years, subject to— able on a pro rata basis under the formula in on the amendment, as modified, offered ‘‘(I) the amounts available from appropria- paragraph (1)(A).’’. by the gentlewoman from Texas (Ms. tions Acts under section 863; (b) AMENDMENT TO DEFINITIONS.—Section JACKSON LEE). ‘‘(ii) approval by the Secretary of the most 853 of the AIDS Housing Opportunity Act (42 The amendment, as modified, was recent comprehensive housing affordability U.S.C. 12902) is amended— (1) in paragraph (1), by inserting ‘‘or agreed to. strategy for the grantee approved under sec- tion 105; and ‘AIDS’ ’’ before ‘‘means’’; and AMENDMENT NO. 14 OFFERED BY MR. PRICE OF ‘‘(iii) the requirements of subparagraph (2) by inserting at the end the following NORTH CAROLINA (C). new paragraphs: The Acting CHAIR. It is now in order ‘‘(B) ADJUSTMENTS.—Allocations to grant- ‘‘(15) The term ‘HIV’ means infection with to consider amendment No. 14 printed ees described in subparagraph (A) shall be the human immunodeficiency virus. in House Report 114–411. adjusted annually based on the administra- ‘‘(16) The term ‘individuals living with HIV Mr. PRICE of North Carolina. Mr. tive provisions included in fiscal year 2016 or AIDS’ means, with respect to the count- Chairman, I have an amendment at the appropriations Acts. ing of cases in a geographic area during a pe- ‘‘(C) REDETERMINATION OF CONTINUED ELIGI- riod of time, the sum of— desk. ‘‘(A) the number of living non-AIDS cases The Acting CHAIR. The Clerk will BILITY.—The Secretary shall redetermine the continued eligibility of a grantee that re- of HIV in the area; and designate the amendment. ‘‘(B) the number of living cases of AIDS in The text of the amendment is as fol- ceived an allocation in fiscal year 2016 at least once during the 10-year period fol- the area.’’. lows: lowing fiscal year 2016. The Acting CHAIR. Pursuant to At the end of the bill, add the following ‘‘(D) ADJUSTMENT TO GRANTS.—For each of House Resolution 594, the gentleman new title: fiscal years 2017, 2018, 2019, 2020, and 2021, the from North Carolina (Mr. PRICE) and a TITLE VI—HOUSING OPPORTUNITIES FOR Secretary shall ensure that a grantee that Member opposed each will control 5 PERSONS WITH AIDS received an allocation in the prior fiscal year minutes. SEC. 601. FORMULA AND TERMS FOR ALLOCA- does not receive an allocation that is 5 per- The Chair recognizes the gentleman cent less than or 10 percent greater than the TIONS TO PREVENT HOMELESSNESS from North Carolina. FOR INDIVIDUALS LIVING WITH HIV amount allocated to such grantee in the pre- OR AIDS. ceding fiscal year. Mr. PRICE of North Carolina. Mr. (a) IN GENERAL.—Subsection (c) of section ‘‘(3) ALTERNATIVE GRANTEES.— Chairman, I am offering this amend- 854 of the AIDS Housing Opportunity Act (42 ‘‘(A) REQUIREMENTS.—The Secretary may ment on behalf of our colleague from U.S.C. 12903(c)) is amended by— award funds reserved for a grantee eligible Alabama (Mr. ADERHOLT) and myself. (1) redesignating paragraph (3) as para- under paragraph (1) to an alternative grantee I thank the chairman, the ranking graph (5); and if— member, and the staffs on both sides (2) striking paragraphs (1) and (2) and in- ‘‘(I) the grantee submits to the Secretary a for their cooperation in moving this serting the following: written agreement between the grantee and amendment forward. ‘‘(1) ALLOCATION OF RESOURCES.— the alternative grantee that describes how This is a bipartisan amendment that ‘‘(A) ALLOCATION FORMULA.—The Secretary the alternative grantee will take actions shall allocate 90 percent of the amount ap- consistent with the applicable comprehen- provides a long, overdue update to proved in appropriations Acts under section sive housing affordability strategy approved HUD’s statutory funding formula for 863 among States and metropolitan statis- under section 105 of this Act; the Housing Opportunities for Persons tical areas as follows: ‘‘(ii) the Secretary approves the written with AIDS Program, also known as ‘‘(I) 75 percent of such amounts among— agreement described in clause (I) and agrees HOPWA. ‘‘(I) cities that are the most populous unit to award funds to the alternative grantee; HOPWA is the only Federal program of general local government in a metropoli- and that is solely dedicated to providing tan statistical area with a population great- ‘‘(iii) the written agreement does not ex- housing assistance and related sup- er than 500,000, as determined on the basis of ceed a term of 10 years. the most recent census, and with more than ‘‘(B) RENEWAL.—An agreement approved portive services for low-income people 2,000 individuals living with HIV or AIDS, pursuant to subparagraph (A) may be re- and their families who are living with using the data specified in subparagraph (B); newed by the parties with the approval of HIV/AIDS. and the Secretary. In short, this amendment would base ‘‘(II) States with more than 2,000 individ- ‘‘(C) DEFINITION.—In this paragraph, the the distribution of HOPWA funds on uals living with HIV or AIDS outside of met- term ‘alternative grantee’ means a public the current number of people who are ropolitan statistical areas. housing agency (as defined in section 3(b) of living with HIV/AIDS, who desperately ‘‘(ii) 25 percent of such amounts among the United States Housing Act of 1937 (42 need this support. States and metropolitan statistical areas U.S.C. 1437a(b))), a unified funding agency (as This would replace the current for- based on the method described in subpara- defined in section 401 of the McKinney-Vento graph (C). Homeless Assistance Act (42 U.S.C. 11360)), a mula based, incredibly, on the cumu- ‘‘(B) SOURCE OF DATA.—For purposes of al- State, a unit of general local government, or lative number of AIDS cases since the locating amounts under this paragraph for an instrumentality of State or local govern- epidemic began decades ago. Last year any fiscal year, the number of individuals ment. more than 50 percent of the people living with HIV or AIDS shall be the number ‘‘(4) REALLOCATIONS.—If a State or metro- counted in the HOPWA formula were of such individuals as confirmed by the Di- politan statistical area declines an alloca- deceased. rector of the Centers for Disease Control and tion under paragraph (1)(A), or the Secretary To say the least, this has drastically Prevention, as of December 31 of the most re- determines, in accordance with criteria spec- reduced HOPWA’s ability to aid juris- cent calendar year for which such data is ified in regulation, that a State or metro- available. politan statistical area that is eligible for an dictions where the present need is most ‘‘(C) ALLOCATION UNDER SUBPARAGRAPH allocation under paragraph (1)(A) is unable acute. This is particularly true in rural (A)(ii).—For purposes of allocating amounts to properly administer such allocation, the areas and in cities that are currently under subparagraph (A)(ii), the Secretary Secretary shall reallocate any funds reserved bearing the brunt of the HIV/AIDS epi- shall develop a method that accounts for— for such State or metropolitan statistical demic. ‘‘(I) differences in housing costs among area as follows: Mr. Chairman, Congress has sensibly States and metropolitan statistical areas ‘‘(A) For funds reserved for a State— adjusted other AIDS support programs, based on the fair market rental established ‘‘(I) to eligible metropolitan statistical including the Ryan White program. So pursuant to section 8(c) of the United States areas within the State on a pro rata basis; or formula funds are distributed based on Housing Act of 1937 (42 U.S.C. 1437f(c)) or an- ‘‘(ii) if there is no eligible metropolitan other methodology established by the Sec- statistical areas within a State, to metro- the number of living HIV and AIDS retary through regulation; and politan cities and urban counties within the cases in a given jurisdiction. Only the ‘‘(ii) differences in poverty rates among State that are eligible for grant under sec- HOPWA formula remains out of whack, States and metropolitan statistical areas tion 106 of the Housing and Community De- and it is denying thousands of those

VerDate Sep 11 2014 04:09 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.036 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H479 with HIV/AIDS the housing support located. However, I cannot support this The Acting CHAIR. The gentleman they need. amendment. from New York has 1 minute remain- The Price-Aderholt amendment The current formula’s reliance on cu- ing. makes three changes to the current mulative AIDS cases is problematic Mr. NADLER. Mr. Chairman, I yield HOPWA formula: and does need to be updated to better 1 minute to the gentleman from Illi- Firstly, it utilizes living HIV/AIDS reflect the new reality of the incidence nois (Mr. QUIGLEY). cases as the major basis of funding dis- of the disease. Mr. QUIGLEY. Mr. Chairman, I rise tribution, consistent with changes Mr. PRICE’s proposal, while well in- in support of the Price-Aderholt made to the Ryan White program. tended, will just shift scarce resources amendment, which seeks to modernize Secondly, it directs HUD to take into around, cutting off thousands of cur- the Housing for Persons with AIDS consideration housing costs and local rent beneficiaries to move the money Program to better reflect the current poverty rates to ensure the HOPWA to different parts of the country. case concentration and understanding program can better address varied If the amendment changed the for- of HIV/AIDS. housing needs within jurisdictions. mula for new HOPWA funds, if there This will help ensure that funds are Thirdly, the amendment provides for were new HOPWA funds, it would be directed in a more equitable and effec- a gradual implementation of the new more acceptable, but the amendment tive manner. The AIDS population in funding formula over 5 years in order would shift existing funds on which Chicago certainly stands to benefit to ensure that jurisdictions have ade- people now rely. from such an update. quate time to adjust to the new fund- New York City is a stark example. The HOPWA program is a national ing levels. A stop-loss provision is also This formula change would eventually safety net for people battling HIV/ included so that no jurisdiction can cut the city’s annual HOPWA funding AIDS, providing competitive formula lose more than 5 percent of its funding by nearly 25 percent. That cut would grants since 1992. HOPWA prevents or gain more than 10 percent of its translate into real people. homelessness and permits thousands of A quarter of New Yorkers living with funding on a year-over-year basis. households coping with the debilitating AIDS and currently receiving HOPWA Mr. Chairman, ever since 1997, the and impoverishing impact of HIV/AIDS support for their housing would be Government Accountability Office has to access and remain in care. thrown out of their homes. We are identified the need to update the It is also a proven prevention mecha- talking about people living with AIDS HOPWA formula. The Department of nism by helping people achieve lower with HOPWA support being ousted Housing and Urban Development has viral loads, thus becoming less infec- from their present homes. included similar proposals to update I understand that people in many tious. This is the foundation for better the formula in its budget requests year areas living with AIDS need housing, individual and community health out- after year. According to the Depart- but Congress should be focused on comes. ment’s most recent formula projec- growing HOPWA and expanding the It is time for us to change the tions, 115 out of 139 jurisdictions in this number of people enrolled in the pro- HOPWA distribution formula from one country would benefit under the pro- gram, not on throwing more people liv- based on cumulative HIV/AIDS cases to posed formula change. ing with AIDS out of their present a more updated formula based on cur- The AIDS advocacy community also homes. rent HIV/AIDS cases that reflect to- supports updating the HOPWA formula If people living with AIDS in Mr. day’s needs. to account for living cases of HIV/ PRICE’s district and in other districts I urge a ‘‘yes’’ vote on this amend- AIDS. These groups include the Na- need more HOPWA funding—and they ment. tional AIDS Housing Coalition, AIDS do—Congress should provide it to them Mr. NADLER. Mr. Chairman, I yield United, the National Low Income without depriving people living with back the balance of my time. Housing Coalition, and the AIDS Insti- AIDS in New York, Atlanta, and San The Acting CHAIR. The question is tute. Francisco of their existing housing. on the amendment offered by the gen- In closing, this bipartisan amend- Rather than shifting around limited tleman from North Carolina (Mr. ment will ensure that our existing Fed- pools of money and helping homeless PRICE). eral dollars, without additional spend- people in one part of the country by The amendment was agreed to. ing or new revenue, are allocated most creating more homelessness in another ANNOUNCEMENT BY THE ACTING CHAIR efficiently and most effectively and part of the country, we should be in- The Acting CHAIR. Pursuant to most fairly to help those who are living creasing funding for HOPWA to meet clause 6 of rule XVIII, proceedings will with HIV/AIDS. the actual needs of the people living now resume on those amendments HOPWA is often the difference be- with AIDS in the United States. printed in House Report 114–411 on tween homelessness and access to life- That is why every year I offer an which further proceedings were post- saving treatment for low-income peo- amendment to the T-HUD appropria- poned, in the following order: ple with this awful disease. It is long tions bill increasing HOPWA funding Amendment No. 7 by Mr. PALAZZO of past time to update the HOPWA for- and will continue to do so. Mississippi. mula to bring it in line with Ryan I recognize Mr. PRICE’s hard work Amendment No. 12 by Mr. AL GREEN White and other AIDS support pro- and long years of advocacy for HOPWA, of Texas. grams. but I cannot support this amendment The Chair will reduce to 2 minutes So I urge my colleagues to support as written today. the minimum time for any electronic this bipartisan amendment. I hope that, going forward through vote after the first vote in this series. Mr. Chairman, I yield back the bal- regular legislative order, we can iden- AMENDMENT NO. 7 OFFERED BY MR. PALAZZO ance of my time. tify a fair, equitable formula update The Acting CHAIR. The unfinished b 1715 that does not harm current bene- business is the demand for a recorded ficiaries, that is to say, harm people Mr. NADLER. Mr. Chairman, I claim vote on the amendment offered by the living with AIDS because of their gentleman from Mississippi (Mr. the time in opposition to the amend- HOPWA funding in their homes today. PALAZZO) on which further proceedings ment. Mr. PRICE OF North Carolina. Will were postponed and on which the noes The Acting CHAIR. The gentleman the gentleman yield? from New York is recognized for 5 min- Mr. NADLER. I yield to the gen- prevailed by voice vote. utes. tleman from North Carolina. The Clerk will redesignate the Mr. NADLER. Mr. Chairman, I yield Mr. PRICE of North Carolina. Mr. amendment. myself such time as I may consume. Chairman, I inadvertently used the last The Clerk redesignated the amend- Mr. Chairman, for more than 20 minute of my time that I hoped to ment. years, I have been an adamant sup- yield to Mr. QUIGLEY. I wonder if the RECORDED VOTE porter of HOPWA. I share many of Mr. gentleman might yield to Mr. QUIGLEY. The Acting CHAIR. A recorded vote PRICE’s concerns about the outdated Mr. NADLER. Mr. Chairman, do I has been demanded. formula for how HOPWA funding is al- have 1 minute remaining? A recorded vote was ordered.

VerDate Sep 11 2014 04:09 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.073 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H480 CONGRESSIONAL RECORD — HOUSE February 2, 2016 The vote was taken by electronic de- Connolly Jones Pocan RECORDED VOTE vice, and there were—ayes 236, noes 178, Conyers Kaptur Polis Cooper Keating Price (NC) The Acting CHAIR. A recorded vote not voting 19, as follows: Costa Kelly (IL) Quigley has been demanded. [Roll No. 50] Courtney Kennedy Rangel A recorded vote was ordered. Crowley Kildee Rice (NY) AYES—236 Cuellar Kilmer Richmond The Acting CHAIR. This is a 2- Cummings Kind Abraham Graves (LA) Palazzo Ruiz minute vote. Davis (CA) Kirkpatrick Aderholt Graves (MO) Palmer Ruppersberger The vote was taken by electronic de- Davis, Danny Kuster Allen Griffith Paulsen Rush DeFazio Langevin vice, and there were—ayes 181, noes 239, Amodei Grothman Pearce Ryan (OH) DeGette Larsen (WA) Babin Guinta Perry Sa´ nchez, Linda not voting 13, as follows: Delaney Larson (CT) Barletta Guthrie Pittenger T. [Roll No. 51] DeLauro Lawrence Barr Hanna Pitts Sanchez, Loretta DelBene Lee Barton Hardy Poe (TX) Sanford AYES—181 DeSaulnier Levin Benishek Harper Poliquin Sarbanes Adams Fudge Nolan Deutch Lieu, Ted Bilirakis Harris Pompeo Schakowsky Aguilar Gabbard Norcross Dingell Lipinski Bishop (MI) Hartzler Posey Schiff Ashford Gallego O’Rourke Doggett Loebsack Bishop (UT) Heck (NV) Price, Tom Schrader Bass Garamendi Pallone Doyle, Michael Lowenthal Black Hensarling Ratcliffe Scott (VA) Beatty Gibson F. Lowey Pascrell Blackburn Herrera Beutler Reed Scott, David Becerra Graham Duckworth Lujan Grisham Payne Blum Hice, Jody B. Reichert Bera Grayson Edwards (NM) Serrano Pelosi Bost Hill Renacci Beyer Green, Al Ellison Luja´ n, Ben Ray Sewell (AL) Perlmutter Boustany Holding Ribble Bishop (GA) Grijalva Engel (NM) Sherman Peters Brady (TX) Hudson Rice (SC) Blumenauer Gutie´rrez Eshoo Lynch Sires Peterson Brat Huelskamp Rigell Bonamici Hahn Esty Maloney, Slaughter Pingree Bridenstine Hultgren Roe (TN) Boyle, Brendan Hastings Farr Carolyn Speier Pocan Brooks (AL) Hunter Rogers (AL) F. Heck (WA) Foster Maloney, Sean Swalwell (CA) Polis Brooks (IN) Hurd (TX) Rogers (KY) Brady (PA) Higgins Frankel (FL) Matsui Takano Price (NC) Buchanan Hurt (VA) Rohrabacher Brown (FL) Himes Fudge McCollum Thompson (CA) Quigley Buck Issa Rokita Brownley (CA) Hinojosa Gabbard McGovern Thompson (MS) Rangel Bucshon Jenkins (KS) Rooney (FL) Bustos Honda Gallego McNerney Titus Rice (NY) Burgess Jenkins (WV) Ros-Lehtinen Butterfield Hoyer Garamendi Meeks Tonko Richmond Byrne Johnson (OH) Roskam Capps Huffman Graham Meng Torres Roybal-Allard Calvert Johnson, Sam Ross Capuano Israel Grayson Moore Tsongas Ruiz Carter (GA) Jolly Rothfus Ca´ rdenas Jackson Lee Green, Al Murphy (FL) Van Hollen Ruppersberger Carter (TX) Jordan Rouzer Carney Jeffries Grijalva Nadler Vargas Rush Chabot Joyce Royce Carson (IN) Johnson (GA) Hahn Napolitano Veasey Ryan (OH) Chaffetz Katko Russell Cartwright Johnson, E. B. Hastings Neal Vela Sa´ nchez, Linda Clawson (FL) Kelly (MS) Salmon Castor (FL) Kaptur Heck (WA) Nolan Vela´ zquez T. Coffman Kelly (PA) Scalise Chu, Judy Keating Higgins Norcross Visclosky Sanchez, Loretta Cole King (IA) Schweikert Cicilline Kelly (IL) Himes O’Rourke Walz Sanford Collins (GA) King (NY) Scott, Austin Clark (MA) Kennedy Hinojosa Pallone Wasserman Sarbanes Collins (NY) Kinzinger (IL) Sensenbrenner Clarke (NY) Kildee Honda Pascrell Schultz Schiff Comstock Kline Sessions Clay Kilmer Hoyer Payne Waters, Maxine Schrader Conaway Knight Shimkus Cleaver Kind Huffman Pelosi Watson Coleman Cook Labrador Shuster Clyburn Kirkpatrick Scott (VA) Israel Perlmutter Welch Costello (PA) LaHood Simpson Cohen Kuster Scott, David Jackson Lee Peters Wilson (FL) Cramer LaMalfa Smith (MO) Connolly Langevin Serrano Jeffries Peterson Yarmuth Crawford Lamborn Smith (NE) Conyers Larsen (WA) Sewell (AL) Johnson, E. B. Pingree Young (AK) Crenshaw Lance Smith (NJ) Cooper Larson (CT) Sherman Culberson Latta Smith (TX) NOT VOTING—19 Costa Lawrence Sinema Curbelo (FL) Lewis Stefanik Courtney Lee Sires Beyer Lofgren Roybal-Allard Davis, Rodney LoBiondo Stewart Crowley Levin Slaughter Castro (TX) Marchant Denham Long Stivers Sinema Cuellar Lewis Speier Fattah Massie Dent Loudermilk Stutzman Smith (WA) Cummings Lieu, Ted Swalwell (CA) Green, Gene McCaul DeSantis Love Thompson (PA) Takai Davis (CA) Lipinski Takai Gutie´rrez McDermott DesJarlais Lucas Thornberry Westmoreland Davis, Danny Loebsack Takano Huizenga (MI) Moulton Diaz-Balart Luetkemeyer Tiberi DeFazio Lofgren Thompson (CA) Johnson (GA) Roby Dold Lummis Tipton DeGette Lowey Thompson (MS) Donovan MacArthur Trott b 1740 Delaney Lujan Grisham Titus Duffy Marino Turner DeLauro (NM) Tonko Duncan (SC) McCarthy Upton Mr. ASHFORD, Ms. DUCKWORTH, DelBene Luja´ n, Ben Ray Torres Duncan (TN) McClintock Valadao Messrs. KEATING and SANFORD Deutch (NM) Tsongas Ellmers (NC) McHenry Wagner changed their vote from ‘‘aye’’ to ‘‘no.’’ Dingell Lynch Van Hollen Emmer (MN) McKinley Walberg Doggett Maloney, Vargas Farenthold McMorris Walden Mr. RIGELL changed his vote from Dold Carolyn Veasey Fincher Rodgers Walker ‘‘no’’ to ‘‘aye.’’ Doyle, Michael Maloney, Sean Vela Fitzpatrick McSally Walorski So the amendment was agreed to. F. Matsui Vela´ zquez Fleischmann Meadows Walters, Mimi The result of the vote was announced Duckworth McCollum Visclosky Fleming Meehan Weber (TX) Edwards McGovern Walz Flores Messer Webster (FL) as above recorded. Ellison McNerney Wasserman Forbes Mica Wenstrup Stated for: Engel Meng Schultz Fortenberry Miller (FL) Westerman Mrs. ROBY. Mr. Chair, on rollcall No. 50, I Eshoo Moore Waters, Maxine Foxx Miller (MI) Whitfield was unavoidably detained. Had I been Esty Murphy (FL) Watson Coleman Franks (AZ) Moolenaar Williams Farr Nadler Welch Frelinghuysen Mooney (WV) Wilson (SC) present, I would have voted ‘‘yes.’’ Foster Napolitano Wilson (FL) Garrett Mullin Wittman Stated against: Frankel (FL) Neal Yarmuth Gibbs Mulvaney Womack Mr. GENE GREEN of Texas. Mr. Chair, dur- Gibson Murphy (PA) Woodall ing Rollcall vote No. 50 on the Pazazzo NOES—239 Gohmert Neugebauer Yoder Amendment, I was unavoidably detained. Had Abraham Brat Comstock Goodlatte Newhouse Yoho Aderholt Bridenstine Conaway Gosar Noem Young (IA) I been present, I would have voted ‘‘no.’’ Allen Brooks (AL) Cook Gowdy Nugent Young (IN) AMENDMENT NO. 12 OFFERED BY MR. AL GREEN Amash Brooks (IN) Costello (PA) Granger Nunes Zeldin OF TEXAS Amodei Buchanan Cramer Graves (GA) Olson Zinke The Acting CHAIR. The unfinished Babin Buck Crawford Barletta Bucshon Crenshaw NOES—178 business is the demand for a recorded Barr Burgess Culberson Adams Boyle, Brendan Carson (IN) vote on the amendment offered by the Barton Byrne Curbelo (FL) Aguilar F. Cartwright gentleman from Texas (Mr. AL GREEN) Benishek Calvert Davis, Rodney Amash Brady (PA) Castor (FL) on which further proceedings were Bilirakis Carter (GA) Denham Ashford Brown (FL) Chu, Judy Bishop (MI) Carter (TX) Dent Bass Brownley (CA) Cicilline postponed and on which the noes pre- Bishop (UT) Chabot DeSantis Beatty Bustos Clark (MA) vailed by voice vote. Black Chaffetz DesJarlais Becerra Butterfield Clarke (NY) The Clerk will redesignate the Blackburn Clawson (FL) Diaz-Balart Bera Capps Clay amendment. Blum Coffman Donovan Bishop (GA) Capuano Cleaver Bost Cole Duffy Blumenauer Ca´ rdenas Clyburn The Clerk redesignated the amend- Boustany Collins (GA) Duncan (SC) Bonamici Carney Cohen ment. Brady (TX) Collins (NY) Duncan (TN)

VerDate Sep 11 2014 04:09 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.075 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H481 Ellmers (NC) Labrador Rogers (AL) WOMACK) having assumed the chair, Denham Johnson, Sam Palazzo Emmer (MN) LaHood Rogers (KY) Dent Jolly Pallone OE Farenthold LaMalfa Rohrabacher Mr. P of Texas, Acting Chair of the DeSantis Jones Palmer Fincher Lamborn Rokita Committee of the Whole House on the DeSaulnier Jordan Pascrell Fitzpatrick Lance Rooney (FL) state of the Union, reported that that DesJarlais Joyce Paulsen Fleischmann Latta Ros-Lehtinen Committee, having had under consider- Deutch Kaptur Payne Fleming LoBiondo Roskam Diaz-Balart Katko Pearce Flores Long Ross ation the bill (H.R. 3700) to provide Dingell Keating Pelosi Forbes Loudermilk Rothfus housing opportunities in the United Doggett Kelly (IL) Perlmutter Fortenberry Love Rouzer States through modernization of var- Dold Kelly (MS) Perry Foxx Lucas Royce ious housing programs, and for other Donovan Kelly (PA) Peters Franks (AZ) Luetkemeyer Russell Doyle, Michael Kennedy Peterson Frelinghuysen Lummis Salmon purposes, and, pursuant to House Reso- F. Kildee Pingree Garrett MacArthur Scalise lution 594, he reported the bill back to Duckworth Kilmer Pittenger Gibbs Marchant Schakowsky the House with an amendment adopted Duffy Kind Pitts Gohmert Marino Schweikert in the Committee of the Whole. Duncan (SC) King (IA) Pocan Goodlatte McCarthy Scott, Austin Duncan (TN) King (NY) Poe (TX) Gosar McCaul Sensenbrenner The SPEAKER pro tempore. Under Edwards Kinzinger (IL) Poliquin Gowdy McClintock Sessions the rule, the previous question is or- Ellison Kirkpatrick Polis Granger McHenry Shimkus dered. Ellmers (NC) Kline Pompeo Graves (GA) McKinley Shuster Emmer (MN) Knight Posey Graves (LA) McMorris Simpson Is a separate vote demanded on any Engel Kuster Price (NC) Graves (MO) Rodgers Smith (MO) amendment to the amendment re- Eshoo Labrador Price, Tom Griffith McSally Smith (NE) ported from the Committee of the Esty LaHood Quigley Grothman Meadows Smith (NJ) Whole? Farenthold LaMalfa Rangel Guinta Meehan Smith (TX) Farr Lamborn Ratcliffe Guthrie Messer Stefanik If not, the question is on the amend- Fincher Lance Reed Hanna Mica Stewart ment in the nature of a substitute, as Fitzpatrick Langevin Reichert Hardy Miller (FL) Stivers amended. Fleischmann Larsen (WA) Renacci Harper Miller (MI) Stutzman Fleming Larson (CT) Ribble Harris The amendment was agreed to. Moolenaar Thompson (PA) Flores Latta Rice (NY) Hartzler Mooney (WV) Thornberry The SPEAKER pro tempore. The Forbes Lawrence Rice (SC) Heck (NV) Mullin Tiberi question is on the engrossment and Fortenberry Lee Richmond Hensarling Murphy (PA) Tipton Foster Levin Rigell Herrera Beutler Neugebauer Trott third reading of the bill. Foxx Lewis Roby Hice, Jody B. Newhouse Turner The bill was ordered to be engrossed Frankel (FL) Lieu, Ted Roe (TN) Hill Noem Upton and read a third time, and was read the Franks (AZ) Lipinski Rogers (AL) Holding Nugent Valadao Frelinghuysen LoBiondo Rogers (KY) Hudson Nunes Wagner third time. Fudge Loebsack Rohrabacher Huelskamp Olson Walberg The SPEAKER pro tempore. The Gabbard Lofgren Rokita Hultgren Palazzo Walden question is on the passage of the bill. Gallego Long Rooney (FL) Hunter Palmer Walker Garamendi Hurd (TX) Paulsen Walorski The question was taken; and the Loudermilk Ros-Lehtinen Hurt (VA) Pearce Walters, Mimi Speaker pro tempore announced that Garrett Love Roskam Issa Perry Weber (TX) the ayes appeared to have it. Gibbs Lowenthal Ross Gibson Lowey Rothfus Jenkins (KS) Pittenger Webster (FL) Mr. LUETKEMEYER. Mr. Speaker, Jenkins (WV) Pitts Wenstrup Gohmert Lucas Rouzer Johnson (OH) Poe (TX) Westerman on that I demand the yeas and nays. Goodlatte Luetkemeyer Roybal-Allard Johnson, Sam Poliquin Whitfield The yeas and nays were ordered. Gosar Lujan Grisham Royce Jolly Pompeo Williams The SPEAKER pro tempore. Pursu- Gowdy (NM) Ruiz Jones Posey Wilson (SC) Graham Luja´ n, Ben Ray Ruppersberger Jordan Price, Tom Wittman ant to clause 8 of rule XX, and the Granger (NM) Rush Joyce Ratcliffe Womack order of the House of January 25, 2016, Graves (GA) Lummis Russell Katko Reed Woodall this 5-minute vote on passage of H.R. Graves (LA) Lynch Ryan (OH) Graves (MO) MacArthur Salmon Kelly (MS) Reichert Yoder 3700 will be followed by 5-minute votes Kelly (PA) Renacci Yoho Grayson Maloney, Sa´ nchez, Linda King (IA) Ribble Young (AK) on passage of H.R. 3762, the objections Green, Al Carolyn T. King (NY) Rice (SC) Young (IA) of the President to the contrary not- Green, Gene Maloney, Sean Sanchez, Loretta Kinzinger (IL) Rigell Young (IN) withstanding, and passage of H.R. 3662. Griffith Marchant Sanford Kline Roby Zeldin Grijalva Marino Sarbanes Knight Roe (TN) Zinke This is a 5-minute vote. Grothman Matsui Scalise The vote was taken by electronic de- Guinta McCarthy Schakowsky NOT VOTING—13 vice, and there were—yeas 427, nays 0, Guthrie McCaul Schiff Gutie´rrez McClintock Schrader Castro (TX) Lowenthal Mulvaney not voting 6, as follows: DeSaulnier Massie Smith (WA) Hahn McCollum Schweikert Hanna McGovern Scott (VA) Fattah McDermott Westmoreland [Roll No. 52] Hardy McHenry Scott, Austin Green, Gene Meeks YEAS—427 Huizenga (MI) Moulton Harper McKinley Scott, David Abraham Brady (TX) Cleaver Harris McMorris Sensenbrenner ANNOUNCEMENT BY THE ACTING CHAIR Adams Brat Clyburn Hartzler Rodgers Serrano The Acting CHAIR (during the vote). Aderholt Bridenstine Coffman Hastings McNerney Sessions Aguilar Brooks (AL) Cohen Heck (NV) McSally Sewell (AL) There is 1 minute remaining. Allen Brooks (IN) Cole Heck (WA) Meadows Sherman b 1744 Amash Brown (FL) Collins (GA) Hensarling Meehan Shimkus Amodei Brownley (CA) Collins (NY) Herrera Beutler Meeks Shuster So the amendment was rejected. Ashford Buchanan Comstock Hice, Jody B. Meng Simpson The result of the vote was announced Babin Buck Conaway Higgins Messer Sinema Barletta Bucshon Connolly Hill Mica Sires as above recorded. Barr Burgess Conyers Himes Miller (FL) Slaughter Stated for: Barton Bustos Cook Hinojosa Miller (MI) Smith (MO) Ms. SCHAKOWSKY. Mr. Chair, during roll- Bass Butterfield Cooper Holding Moolenaar Smith (NE) call Vote No. 51 on H.R. 3700, I mistakenly Beatty Byrne Costa Honda Mooney (WV) Smith (NJ) Becerra Calvert Costello (PA) Hoyer Moore Smith (TX) recorded my vote as ‘‘no’’ when I should have Benishek Capps Courtney Hudson Moulton Speier voted ‘‘Yes.’’ Bera Capuano Cramer Huelskamp Mullin Stefanik Mr. GENE GREEN of Texas. Mr. Chair, dur- Beyer Ca´ rdenas Crawford Huffman Mulvaney Stewart ing rollcall vote No. 51 on the Al Green Bilirakis Carney Crenshaw Huizenga (MI) Murphy (FL) Stivers Bishop (GA) Carson (IN) Crowley Hultgren Murphy (PA) Stutzman amendment, I was unavoidably detained. Had Bishop (MI) Carter (GA) Cuellar Hunter Nadler Swalwell (CA) I been present, I would have voted ‘‘yes.’’ Bishop (UT) Carter (TX) Culberson Hurd (TX) Napolitano Takai The Acting CHAIR. The question is Black Cartwright Cummings Hurt (VA) Neal Takano on the amendment in the nature of a Blackburn Castor (FL) Curbelo (FL) Israel Neugebauer Thompson (CA) Blum Chabot Davis (CA) Issa Newhouse Thompson (MS) substitute, as amended. Blumenauer Chaffetz Davis, Danny Jackson Lee Noem Thompson (PA) The amendment was agreed to. Bonamici Chu, Judy Davis, Rodney Jeffries Nolan Thornberry The Acting CHAIR. Under the rule, Bost Cicilline DeFazio Jenkins (KS) Norcross Tiberi the Committee rises. Boustany Clark (MA) DeGette Jenkins (WV) Nugent Tipton Boyle, Brendan Clarke (NY) Delaney Johnson (GA) Nunes Titus Accordingly, the Committee rose; F. Clawson (FL) DeLauro Johnson (OH) O’Rourke Tonko and the Speaker pro tempore (Mr. Brady (PA) Clay DelBene Johnson, E. B. Olson Torres

VerDate Sep 11 2014 04:09 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.040 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H482 CONGRESSIONAL RECORD — HOUSE February 2, 2016 Trott Walker Williams Jones Neugebauer Sensenbrenner Sanchez, Loretta Speier Vela Tsongas Walorski Wilson (FL) Jordan Newhouse Sessions Sarbanes Swalwell (CA) Vela´ zquez Turner Walters, Mimi Wilson (SC) Joyce Noem Shimkus Schakowsky Takai Visclosky Upton Walz Wittman Kelly (MS) Nugent Shuster Schiff Takano Walz Valadao Wasserman Womack Kelly (PA) Nunes Simpson Schrader Thompson (CA) Wasserman Van Hollen Schultz Woodall King (IA) Olson Smith (MO) Scott (VA) Thompson (MS) Schultz Vargas Waters, Maxine Yarmuth King (NY) Palazzo Smith (NE) Scott, David Titus Waters, Maxine Veasey Watson Coleman Yoder Kinzinger (IL) Palmer Smith (NJ) Serrano Tonko Watson Coleman Vela Weber (TX) Yoho Sewell (AL) Torres Kline Paulsen Smith (TX) Welch Vela´ zquez Webster (FL) Young (AK) Knight Pearce Sherman Tsongas Stefanik Wilson (FL) Visclosky Welch Young (IA) Labrador Perry Sinema Van Hollen Stewart Yarmuth Wagner Wenstrup Young (IN) LaHood Peterson Stivers Sires Vargas Walberg Westerman Zeldin LaMalfa Pittenger Stutzman Slaughter Veasey Walden Whitfield Zinke Lamborn Pitts Thompson (PA) Lance Poe (TX) NOT VOTING—6 NOT VOTING—6 Thornberry Latta Poliquin Tiberi Castro (TX) Massie Smith (WA) Castro (TX) Massie Smith (WA) LoBiondo Pompeo Tipton Fattah McDermott Westmoreland Long Posey Fattah McDermott Westmoreland Trott Loudermilk Price, Tom ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Turner ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Love Ratcliffe Upton The SPEAKER pro tempore (during Lucas Reed The SPEAKER pro tempore (during Valadao the vote). There are 2 minutes remain- Luetkemeyer Reichert the vote). There are 2 minutes remain- Wagner Lummis Renacci ing. ing. MacArthur Ribble Walberg Marchant Rice (SC) Walden b 1758 Walker b 1752 Marino Rigell So (two-thirds not being in the af- McCarthy Roby Walorski So the bill was passed. McCaul Roe (TN) Walters, Mimi firmative) the veto of the President The result of the vote was announced McClintock Rogers (AL) Weber (TX) was sustained and the bill was rejected. as above recorded. McHenry Rogers (KY) Webster (FL) Wenstrup The result of the vote was announced A motion to reconsider was laid on McKinley Rohrabacher McMorris Rokita Westerman as above recorded. the table. Rodgers Rooney (FL) Whitfield The SPEAKER pro tempore. The veto McSally Ros-Lehtinen Williams f message and the bill are referred to the Meadows Roskam Wilson (SC) Committee on the Budget. Meehan Ross Wittman VETO MESSAGE ON H.R. 3762, RE- Messer Rothfus Womack The Clerk will notify the Senate of STORING AMERICANS’ Mica Rouzer Woodall the action of the House. HEALTHCARE FREEDOM REC- Miller (FL) Royce Yoder Miller (MI) Russell Yoho f ONCILIATION ACT OF 2015 Moolenaar Salmon Young (AK) The SPEAKER pro tempore. The un- Mooney (WV) Sanford Young (IA) IRAN TERROR FINANCE Mullin Scalise Young (IN) TRANSPARENCY ACT finished business is the question Mulvaney Schweikert Zeldin whether the House, on reconsideration, Murphy (PA) Scott, Austin Zinke The SPEAKER pro tempore. Pursu- will pass the bill (H.R. 3762) to provide ant to the order of the House of Mon- for reconciliation pursuant to section NAYS—186 day, January 25, 2016, the unfinished 2002 of the concurrent resolution on the Adams Dold Levin business is the vote on passage of the budget for fiscal year 2016, the objec- Aguilar Doyle, Michael Lewis bill (H.R. 3662) to enhance congres- Ashford F. Lieu, Ted tions of the President to the contrary Bass Duckworth Lipinski sional oversight over the administra- notwithstanding. Beatty Edwards Loebsack tion of sanctions against certain Ira- In accord with the Constitution, the Becerra Ellison Lofgren nian terrorism financiers, and for other Bera Engel Lowenthal purposes, on which the yeas and nays yeas and nays are ordered. Beyer Eshoo Lowey This is a 5-minute vote. Bishop (GA) Esty Lujan Grisham were ordered. The vote was taken by electronic de- Blumenauer Farr (NM) The Clerk read the title of the bill. vice, and there were—yeas 241, nays Bonamici Foster Luja´ n, Ben Ray The SPEAKER pro tempore. The Boyle, Brendan Frankel (FL) (NM) 186, not voting 6, as follows: F. Fudge Lynch question is on the passage of the bill. [Roll No. 53] Brady (PA) Gabbard Maloney, This is a 5-minute vote. Brown (FL) Gallego Carolyn YEAS—241 The vote was taken by electronic de- Brownley (CA) Garamendi Maloney, Sean vice, and there were—yeas 246, nays Abraham Collins (GA) Gibson Bustos Graham Matsui Aderholt Collins (NY) Gohmert Butterfield Grayson McCollum 181, not voting 6, as follows: Allen Comstock Goodlatte Capps Green, Al McGovern [Roll No. 54] Amash Conaway Gosar Capuano Green, Gene McNerney Amodei Cook Gowdy Ca´ rdenas Grijalva Meeks YEAS—246 Babin Costello (PA) Granger Carney Gutie´rrez Meng Abraham Chabot Fitzpatrick Barletta Cramer Graves (GA) Carson (IN) Hahn Moore Aderholt Chaffetz Fleischmann Barr Crawford Graves (LA) Cartwright Hanna Moulton Allen Clawson (FL) Fleming Barton Crenshaw Graves (MO) Castor (FL) Hastings Murphy (FL) Amash Coffman Flores Benishek Culberson Griffith Chu, Judy Heck (WA) Nadler Amodei Cole Forbes Bilirakis Curbelo (FL) Grothman Cicilline Higgins Napolitano Babin Collins (GA) Fortenberry Bishop (MI) Davis, Rodney Guinta Clark (MA) Himes Neal Barletta Collins (NY) Foxx Bishop (UT) Denham Guthrie Clarke (NY) Hinojosa Nolan Barr Comstock Franks (AZ) Black Dent Hardy Clay Honda Norcross Barton Conaway Frelinghuysen Blackburn DeSantis Harper Cleaver Hoyer O’Rourke Benishek Cook Garrett Blum DesJarlais Harris Clyburn Huffman Pallone Bilirakis Costello (PA) Gibbs Bost Diaz-Balart Hartzler Cohen Israel Pascrell Bishop (MI) Cramer Gibson Boustany Donovan Heck (NV) Connolly Jackson Lee Payne Bishop (UT) Crawford Gohmert Brady (TX) Duffy Hensarling Conyers Jeffries Pelosi Black Crenshaw Goodlatte Brat Duncan (SC) Herrera Beutler Cooper Johnson (GA) Perlmutter Blackburn Culberson Gosar Bridenstine Duncan (TN) Hice, Jody B. Costa Johnson, E. B. Peters Blum Curbelo (FL) Gowdy Brooks (AL) Ellmers (NC) Hill Courtney Kaptur Pingree Bost Davis, Rodney Graham Brooks (IN) Emmer (MN) Holding Crowley Katko Pocan Boustany Denham Granger Buchanan Farenthold Hudson Cuellar Keating Polis Brady (TX) Dent Graves (GA) Buck Fincher Huelskamp Cummings Kelly (IL) Price (NC) Brat DeSantis Graves (LA) Bucshon Fitzpatrick Huizenga (MI) Davis (CA) Kennedy Quigley Bridenstine DesJarlais Graves (MO) Burgess Fleischmann Hultgren Davis, Danny Kildee Rangel Brooks (AL) Diaz-Balart Griffith Byrne Fleming Hunter DeFazio Kilmer Rice (NY) Brooks (IN) Dold Grothman Calvert Flores Hurd (TX) DeGette Kind Richmond Buchanan Donovan Guinta Carter (GA) Forbes Hurt (VA) Delaney Kirkpatrick Roybal-Allard Buck Duffy Guthrie Carter (TX) Fortenberry Issa DeLauro Kuster Ruiz Bucshon Duncan (SC) Hanna Chabot Foxx Jenkins (KS) DelBene Langevin Ruppersberger Burgess Duncan (TN) Hardy Chaffetz Franks (AZ) Jenkins (WV) DeSaulnier Larsen (WA) Rush Byrne Ellmers (NC) Harper Clawson (FL) Frelinghuysen Johnson (OH) Deutch Larson (CT) Ryan (OH) Calvert Emmer (MN) Harris Coffman Garrett Johnson, Sam Dingell Lawrence Sa´ nchez, Linda Carter (GA) Farenthold Hartzler Cole Gibbs Jolly Doggett Lee T. Carter (TX) Fincher Heck (NV)

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.043 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H483 Hensarling McSally Salmon Perlmutter Sarbanes Tonko REPORT ON RESOLUTION PRO- Herrera Beutler Meadows Sanford Peters Schakowsky Torres VIDING FOR CONSIDERATION OF Hice, Jody B. Meehan Scalise Pingree Schiff Tsongas Hill Messer Schweikert Pocan Schrader Van Hollen H.R. 1675, ENCOURAGING EM- Holding Mica Scott, Austin Polis Scott (VA) Vargas PLOYEE OWNERSHIP ACT OF 2015, Hudson Miller (FL) Scott, David Price (NC) Serrano Veasey AND PROVIDING FOR CONSIDER- Quigley Sewell (AL) Huelskamp Miller (MI) Sensenbrenner Vela ATION OF H.R. 766, FINANCIAL Huizenga (MI) Moolenaar Sessions Rangel Sherman Vela´ zquez Rice (NY) Sinema Hultgren Mooney (WV) Shimkus Visclosky INSTITUTION CUSTOMER PRO- Hunter Mullin Richmond Sires Shuster Walz TECTION ACT OF 2015 Hurd (TX) Mulvaney Roybal-Allard Slaughter Simpson Wasserman Ruiz Speier Hurt (VA) Murphy (PA) Smith (MO) Mr. STIVERS, from the Committee Issa Neugebauer Ruppersberger Swalwell (CA) Schultz Smith (NE) Jenkins (KS) Newhouse Rush Takai Waters, Maxine on Rules, submitted a privileged report Smith (NJ) Jenkins (WV) Noem Ryan (OH) Takano Watson Coleman (Rept. No. 114–414) on the resolution (H. Smith (TX) Johnson (OH) Nugent Sa´ nchez, Linda Thompson (CA) Welch Res. 595) providing for consideration of Stefanik Wilson (FL) Johnson, Sam Nunes T. Thompson (MS) the bill (H.R. 1675) to direct the Securi- Jolly Olson Stewart Sanchez, Loretta Titus Yarmuth Jones Palazzo Stivers ties and Exchange Commission to re- NOT VOTING—6 Jordan Palmer Stutzman vise its rules so as to increase the Joyce Paulsen Thompson (PA) Castro (TX) Massie Smith (WA) threshold amount for requiring issuers Katko Pearce Thornberry Fattah McDermott Westmoreland Kelly (MS) Perry Tiberi to provide certain disclosures relating Kelly (PA) Peterson Tipton ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE to compensatory benefit plans, and King (IA) Pittenger Trott The SPEAKER pro tempore (during providing for consideration of the bill King (NY) Pitts Turner the vote). There are 2 minutes remain- (H.R. 766) to provide requirements for Kinzinger (IL) Poe (TX) Upton ing. Kline Poliquin Valadao the appropriate Federal banking agen- Knight Pompeo Wagner b 1804 cies when requesting or ordering a de- Labrador Posey Walberg So the bill was passed. pository institution to terminate a spe- LaHood Price, Tom Walden cific customer account, to provide for LaMalfa Ratcliffe Walker The result of the vote was announced Lamborn Reed Walorski as above recorded. additional requirements related to sub- Lance Reichert Walters, Mimi poenas issued under the Financial In- Latta Renacci A motion to reconsider was laid on Weber (TX) the table. stitutions Reform, Recovery, and En- LoBiondo Ribble Webster (FL) Long Rice (SC) forcement Act of 1989, and for other Wenstrup PERSONAL EXPLANATION Loudermilk Rigell Westerman purposes, which was referred to the Love Roby Mr. CASTRO of Texas. Mr. Speaker, my Whitfield House Calendar and ordered to be Lucas Roe (TN) vote was not recorded on Roll Call No. 50 on Luetkemeyer Rogers (AL) Williams the Palazzo Amendment to H.R. 3700, Hous- printed. Lummis Rogers (KY) Wilson (SC) Wittman ing Opportunity Through Modernization Act of MacArthur Rohrabacher f Marchant Rokita Womack 2015. I am not recorded because I was absent Marino Rooney (FL) Woodall due to the birth of my son in San Antonio, McCarthy Ros-Lehtinen Yoder Texas. Had I been present I would have voted DISTRICT OF COLUMBIA’S FISCAL McCaul Roskam Yoho YEAR 2016 BUDGET AND FINAN- McClintock Ross Young (AK) NAY. McHenry Rothfus Young (IA) Mr. Speaker, my vote was not recorded on CIAL PLAN—MESSAGE FROM THE McKinley Rouzer Young (IN) Roll Call No. 51 on the Al Green of Texas PRESIDENT OF THE UNITED McMorris Royce Zeldin Amendment to H.R. 3700, Housing Oppor- STATES (H. DOC. NO. 114–96) Rodgers Russell Zinke tunity Through Modernization Act of 2015. I The SPEAKER pro tempore (Ms. NAYS—181 am not recorded because I was absent due to the birth of my son in San Antonio, Texas. MCSALLY) laid before the House the fol- Adams Delaney Kildee lowing message from the President of Aguilar DeLauro Kilmer Had I been present I would have voted AYE. Ashford DelBene Kind Mr. Speaker, my vote was not recorded on the United States; which was read and, Bass DeSaulnier Kirkpatrick Roll Call No. 52 on HR. 3700, Housing Oppor- together with the accompanying pa- Beatty Deutch Kuster tunity Through Modernization Act of 2015. I pers, referred to the Committee on Ap- Becerra Dingell Langevin propriations and ordered to be printed: Bera Doggett Larsen (WA) am not recorded because I was absent due to Beyer Doyle, Michael Larson (CT) the birth of my son in San Antonio, Texas. To the Congress of the United States: Bishop (GA) F. Lawrence Had I been present I would have voted AYE. Blumenauer Duckworth Lee Mr. Speaker, my vote was not recorded on Pursuant to my constitutional au- Bonamici Edwards Levin thority and as contemplated by section Boyle, Brendan Ellison Lewis Roll Call No. 53 on H.R. 3762, the Objections F. Engel Lieu, Ted of the President Notwithstanding (Veto Over- 446 of the District of Columbia Self- Brady (PA) Eshoo Lipinski ride). I am not recorded because I was absent Government and Governmental Reor- Brown (FL) Esty Loebsack due to the birth of my son in San Antonio, ganization Act as amended in 1989, I Brownley (CA) Farr Lofgren am transmitting the District of Colum- Bustos Foster Lowenthal Texas. Had I been present I would have voted Butterfield Frankel (FL) Lowey NAY. bia’s fiscal year (FY) 2016 Budget and Capps Fudge Lujan Grisham Mr. Speaker, my vote was not recorded on Financial Plan. This transmittal does Capuano Gabbard (NM) not represent an endorsement of the Ca´ rdenas Gallego Luja´ n, Ben Ray Roll Call No. 54 on H.R. 3662—Iran Terror Fi- Carney Garamendi (NM) nance Transparency Act. I am not recorded contents of the D.C. government’s re- Carson (IN) Grayson Lynch because I was absent due to the birth of my quests. Cartwright Green, Al Maloney, Castor (FL) Green, Gene Carolyn son in San Antonio, Texas. Had I been The proposed FY 2016 Budget and Fi- Chu, Judy Grijalva Maloney, Sean present I would have voted NAY. nancial Plan reflects the major pro- Cicilline Gutie´rrez Matsui PERSONAL EXPLANATION grammatic objectives of the Mayor and Clark (MA) Hahn McCollum the Council of the District of Colum- Clarke (NY) Hastings McGovern Mr. MCDERMOTT. Mr. Speaker, on rollcall Clay Heck (WA) McNerney vote 51 (On the Al Green of Texas Amend- bia. For FY 2016, the District estimates Cleaver Higgins Meeks ment to H.R. 3700), had I been present, I total revenues and expenditures of $13.0 Clyburn Himes Meng would have voted ‘‘yea.’’ billion. Cohen Hinojosa Moore Connolly Honda Moulton On rollcall vote 52 (On final passage of H.R. BARACK OBAMA. Conyers Hoyer Murphy (FL) 3700), had I been present, I would have voted THE WHITE HOUSE, February 2, 2016. Cooper Huffman Nadler ‘‘yea.’’ Costa Israel Napolitano On rollcall vote 53 (On passage of H.R. f Courtney Jackson Lee Neal Crowley Jeffries Nolan 3762), the Objections of the President Not- Cuellar Johnson (GA) Norcross withstanding (Veto Override)), had I been RECOGNIZING AMERICAN HEART Cummings Johnson, E. B. O’Rourke present, I would have voted ‘‘nay.’’ MONTH Davis (CA) Kaptur Pallone On rollcall vote 54 (On passage of H.R. Davis, Danny Keating Pascrell DeFazio Kelly (IL) Payne 3662), had I been present, I would have voted (Ms. ROS-LEHTINEN asked and was DeGette Kennedy Pelosi ‘‘nay.’’ given permission to address the House

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.044 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H484 CONGRESSIONAL RECORD — HOUSE February 2, 2016 for 1 minute and to revise and extend the Pearland and Pasadena Inde- PROTECT TRAFFICKING VICTIMS her remarks.) pendent School Districts. He now em- AT THE SUPER BOWL Ms. ROS-LEHTINEN. Madam Speak- ploys over 30 people. (Mr. PAULSEN asked and was given er, I rise today to recognize February He said: I tell every business owner I permission to address the House for 1 as American Heart Month. meet to contact their local SBDC. minute and to revise and extend his re- According to the American Heart As- Their assistance has made a huge dif- marks.) sociation, one out of every four deaths ference in my business. Mr. PAULSEN. Madam Speaker, the in our great country is cardiac-related, That is the American Dream, and trafficking of young girls and boys con- and you may be surprised to hear that that is the local SBDC. tinues to be a crime that plagues many heart disease claims more female vic- f of our communities. tims than any other disease. While I am proud to have led efforts But the real tragedy, Madam Speak- WORLD WAR I DOUGHBOY TEXAN last year to help pass important legis- er, is that so many of these deaths are CORPORAL SAMUEL SAMPLER lation to combat this problem, law en- preventable. America’s amazing med- (Mr. POE of Texas asked and was forcement on the ground needs to re- ical researchers, doctors, and nurses given permission to address the House main vigilant to stop this horrific have been doing their part to stop for 1 minute and to revise and extend crime. heart disease and save lives. his remarks.) With the Super Bowl taking place on It is time for the rest of us to step up Mr. POE of Texas. Madam Speaker, Sunday in California, concerns are and do our part. Remember that even the brutal trench hand-to-hand combat once again being raised that traffickers small improvements in diet and exer- of World War I claimed more American will bring children in from out of town cise can have big impacts on your lives than Vietnam and Korea com- for exploitation. heart health and overall well-being. bined. The war to end all wars between It is also an opportunity for law en- So as you think of your Valentine European monarchies was at a stand- forcement to reach out to these vic- later this month, don’t forget to love still until the United States entered tims to try to bring them out of the your heart, too. the war. shadows and bring traffickers to jus- f Texas boys like Corporal Samuel tice. WORKFORCE DEVELOPMENT Sampler stood up and fought over there That is why it is encouraging to see across the sea to successfully break the (Mr. LANGEVIN asked and was given the FBI take a different victim-cen- deadlocked war. permission to address the House for 1 tered approach this year that focuses On October 18, 1918, in France, this minute and to revise and extend his re- on first gaining the trust of young vic- young Army corporal became the third marks.) tims, sometimes as young as 12, 13, and Texan in World War I to be awarded Mr. LANGEVIN. Madam Speaker, it 14 years old. This helps victims get the the Medal of Honor. has been over 3 years since the Carl D. services they need and brings the traf- When his company suffered severe, Perkins Act expired, the primary fickers to justice with their arrest. devastating casualties during an ad- source of funding for workforce devel- Madam Speaker, a victim-centered vance, Sampler took action. Grenades opment programs across the country. approach is the right way to attack in hand, he left the line and rushed in We now have the opportunity to re- this problem. I commend the FBI on through enemy machinegun fire until make Perkins in a way that works for their efforts during the Super Bowl he engaged the enemy directly. the 21st century economy. Perkins re- this week. His grenades hit the target, killing authorization must deliver student- two and silencing all the machineguns. f centered education that provides 21st Twenty-eight other Germans surren- century skills for successful careers. CONTINUING THE CRUSADE Across the country students continue dered, allowing the American dough- AGAINST BOKO HARAM to seek out career pathways, but fund- boys to resume their advance. ing has been reduced from its peak The 100-year anniversary of the great (Ms. JACKSON LEE asked and was level in 2010 of $1.3 billion. If we fail to war is upon us. We remember Texans given permission to address the House match this demand for CTE, we run the like Sampler and all Americans who for 1 minute.) risk of our economy falling behind as proudly served our country in lands far Ms. JACKSON LEE. Madam Speaker, companies pursue skilled workers in away 100 years ago and won the ulti- almost 2 years ago I led a bipartisan other parts of the world. mate victory in World War I. delegation, the first congressional dele- Madam Speaker, our country and our And that is just the way it is. gation, to Nigeria to assess and address economy need a Perkins reauthoriza- f the crisis of Boko Haram. tion that focuses on skills that matter At that time, it was in the imme- HONORING FORMER and work that pays, skills that matter diate aftermath of the taking of the CONGRESSMAN TOM BLILEY and work that pays. Let’s get this Chibok girls in a previous administra- done. (Mr. BRAT asked and was given per- tion. Boko Haram was doing the kind f mission to address the House for 1 of raiding and rabble-rousing that may minute.) have been part of burning villages. SMALL BUSINESS DEVELOPMENT Mr. BRAT. Madam Speaker, I would That time has now passed. And in the CENTER like to take this opportunity to honor last 48 hours, Boko Haram poured gaso- (Mr. OLSON asked and was given per- my friend, former Congressman Tom line on children and burned them. Boko mission to address the House for 1 Bliley, who proudly represented Vir- Haram has now become a marauding minute and to revise and extend his re- ginia’s Seventh District for 20 consecu- and crusading, vile, evil, and vicious marks.) tive years, on the occasion of his 84th group. It takes in the space and areas Mr. OLSON. Madam Speaker, this birthday. of Nigeria, Cameroon, Chad, and Niger. afternoon Jacqueline Taylor of the He began his political career in 1968, It is important for us, as Members of Texas Gulf Coast Small Business De- when he was elected to the City Coun- Congress working with the administra- velopment Center Network stopped by cil of Richmond, Virginia, moving on tion, to call upon these nations to to share a story about the American to serve as mayor from 1970 to 1977. again collaborate and work together. Dream. He was elected to his first congres- They have pledged their support to The dreamer’s name is Derrick Har- sional term in 1980, and under a Demo- ISIL. I am very glad that, in the course ris. His company is called Soaring With cratic President he helped pass legisla- of the Homeland Security Committee, Eagles. Derrick had a hard time mak- tion that modernized the regulation of Judiciary Committee, Intelligence ing his company grow. He got advice pharmaceuticals, telecommunications, Committee, Armed Forces Committee, about marketing and sales from Todd and the financial markets. Boko Haram is not going to get away. Scott of the local SBDC. Shortly after, I hope he had a wonderful birthday, There will not be boots on the Derrick was awarded contracts with and I wish him many more. ground, but we must stomp out Boko

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.086 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H485 Haram because they are killing chil- ‘‘This includes its failure to level help to terrorists like Hamas and dren all in Africa and they are das- charges against Ahlam Tamimi, the Hezbollah. In other words, they told us tardly committers of violence against Palestinian woman responsible for in advance that when America cedes to civil society. blowing up a Jerusalem pizza shop in Iran $100 billion extra, they are going f 2001. The attacks killed 15, including a to be able to help more terrorists com- pregnant American woman. Tamimi mit more of their acts of terrorism. b 1815 currently resides in Jordan and hosts a Now, back when I was a judge or even PALESTINIAN TERRORISTS television show on the Hamas-owned Al back years and years ago as a pros- REMAIN UNPROSECUTED Quds station. ecutor, we always approached cases ‘‘ ‘When the Oversight and Govern- that if you assisted somebody, say you The SPEAKER pro tempore. Under ment Reform Committee questioned gave them money, and they told you the Speaker’s announced policy of Jan- the Department of Justice about this before you gave them the money that uary 6, 2015, the gentleman from Texas case, the Department declined to com- they are going to use some of this (Mr. GOHMERT) is recognized for 60 min- ment,’ DeSantis said. ‘If in fact bring- money to commit a criminal act, then utes as the designee of the majority ing to justice the perpetrators of ter- we always felt like you could prosecute leader. rorism against Americans in Israel is a those people. Jurors could bear that Mr. GOHMERT. Madam Speaker, high priority for the DOJ, then surely out because if you knowingly aid, as- news has come out, February 2, people of this nature should be pros- sist—even encourage—you don’t even Groundhog Day, in this article from ecuted for their crimes.’ ’’ . . . ‘‘Amer- have to give them money. If you just Adam Kredo entitled, ‘‘The Obama Ad- ican victims of terrorist attacks encourage them to commit a violent ministration Has Not Prosecuted a Sin- abroad who testified at the hearing of- act or encourage them to go about gle Palestinian Terrorist Who Killed fered sharp criticism of the Justice De- what they plan to do, and they already Americans.’’ partment for failing to take on terror- said, ‘‘We plan to commit more ter- ‘‘The Obama administration has not ists in the U.S. courts. rorism with what you give us,’’ then prosecuted a single Palestinian ter- ‘‘Sari Singer, who was injured in a you were an accomplice. Under the rorist responsible for killing Ameri- 2003 Palestinian terror attack on a bus laws federally, and as well as in the cans abroad, despite a congressional in Jerusalem, said that she has lost laws I am aware of in most States, cer- mandate ordering the Justice Depart- faith in the government.’’ tainly in Texas, you would be charged ment to take action against these indi- Singer said, ‘‘I grew up believing that as a principal. So if you gave money to viduals’’ . . . ‘‘Palestinian terrorists my country would be there for me and someone knowing that they said, ‘‘We have murdered at least 64 Americans, protect me no matter where I was in are going to use money and help kill including two unborn children, since the world. These last years have left people and help terrorism,’’ and then 1993. Yet the U.S. Government has me feeling let down.’’ they committed the terrorism, you failed to take legal action against I would insert parenthetically, could be convicted of the same ter- those who committed the crimes, law- Madam Speaker, that she shares that rorism of those you gave the money to makers disclosed during a Tuesday same feeling with the victims in our help. hearing on the Justice Department’s State Department of the attacks at It is interesting that those principles failure to live up to its mandate to Benghazi, and the many hours people seem to apply to all other Americans, bring these terrorists to justice. waited thinking surely our government but this administration feels surely ‘‘Many of the terrorists continue to will come to our aid. they won’t apply to this administra- roam free across the Middle East, with So it sounds like victims of terrorists tion. Sure, Iran has said they are going one hosting a Hamas-affiliated tele- abroad share this, whether it is from to support more terrorism once they vision show in Jordan. Benghazi or whether it is from other get all this extra money from the ‘‘With criticism mounting from Con- terrorist attacks, that the administra- Obama administration. But apparently gress and U.S. victims of terrorism, tion is not going to be there for you. the Obama administration, according Justice Department officials say they The article goes on: ‘‘Peter Schwartz, to these pleadings they filed, if you are working to initiate cases, but warn whose nephew Ezra was shot in the just be nice to the terrorists, let them that this could take ‘many years’ to head by a Palestinian terrorist in No- keep their own money, gee, they will play out. vember 2015, said that the Obama ad- probably quit killing Americans. It ‘‘The Justice Department has repeat- ministration has not been forthcoming doesn’t work that way. edly declined to comment when faced about any potential investigations into Let’s take a look at who this admin- with questions from Congress about the incident’’ . . . ‘‘The Obama admin- istration, this Commander in Chief’s the lack of prosecutions, according to istration was criticized in August when administration, is willing to punish. I Representative RON DESANTIS of Flor- it sought to limit the restitution have a letter here that was sent by my ida, chair of the House Oversight and American victims of terrorism could friend, our fellow colleague, DUNCAN Government Reform Subcommittee on receive. The administration argued in a HUNTER, to the chairman of the Senate National Security. legal briefing issued to the court that a Agriculture Committee when he dis- ‘‘The Justice Department ‘has not large cash award to these victims could cusses Sergeant First Class Charles been able to cite one example for this complicate the administration’s efforts Martland and points out he is consid- committee of even a single terrorist to foster peace between Israel and the ered a first-rate warrior. who has been prosecuted in the U.S. for Palestinians.’’ ‘‘While in Afghanistan in 2011, at a any of the 64 attacks against Ameri- Clearly, the administration’s inter- remote outpost, Martland confronted cans in Israel,’ DeSantis said. ‘Indeed, ests, as Sari Singer observed, is not an Afghan Local Police commander for many of these terrorists roam free as with American victims of foreign ter- kidnapping a young boy and raping the result of prisoner exchanges or eva- rorism. It is with the foreign terrorists him repeatedly over several days. The sion. that maybe if we sidle up to them issue was brought to the attention of ‘‘ ‘This is not what Congress in- enough, maybe if we will be nice to Martland and his fellow soldiers after tended’ when it created the DOJ’s Of- them and not punish them, then maybe the boy’s mother asked for help, after fice of Justice for Victims of Overseas they won’t keep killing American citi- she also was attacked by the ALP—or Terrorism in 2005,’ DeSantis added. zens. That is false thinking. Afghan Local Police—commander. ‘This is not what the American people Madam Speaker, I can’t help but want, and this does not provide justice think as we find out this week that b 1830 to the victims’ families that has been this administration has released $100 ‘‘When Martland and Captain Danny so tragically elusive.’ billion to the largest supporter of ter- Quinn confronted the rapist, he admit- ‘‘The Justice Department has sought rorism in the world—Iran—and Iran ted to the charge and laughed in their to evade questions about its failure to has made clear that once they got this faces—at which point Martland and prosecute known terrorists responsible money from the Obama administration Quinn took matters into their own for the murder of U.S. citizens. that they were going to increase their hands. This occurred after two separate

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.087 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H486 CONGRESSIONAL RECORD — HOUSE February 2, 2016 but similar human rights violations, tion. We give money to terrorists who Well, of course, we know that our including another rape, near the out- say they are going to use it to support Secretary of State thanked Iran for post, resulting in no punitive action terrorism; we don’t give money to vic- their activities. I haven’t heard wheth- whatsoever. tims of terrorism. er or not Secretary of State Kerry has ‘‘The Afghan Local Police com- In fact, this administration should thanked Iran for this latest story. This mander was dragged to the perimeter have done what the House passed and from foxnews.com, ‘‘Iran’s Supreme gate, where he was thrown out and told implored the administration to do, and Leader Awards Medals to Troops Who never to come back. It is important to that is to make sure that not a dime ‘Captured’ U.S. Sailors.’’ The story note that the Afghan Local Police com- was allowed to be released to Iran until says: mander left on his own, only to delib- the verdicts outstanding against Iran ‘‘Iran’s supreme leader has awarded erately exaggerate his injuries. Mul- by American victims of Iranian ter- medals to five members of the Iranian tiple sources have confirmed this fact, rorism were paid first. But in its haste Navy whom he said ’captured intrud- including a linguist and authorities to get all this money to those who say ing’ U.S. Navy sailors during a tense who were never interviewed by Army they are going to use a bunch of it to incident in January. investigators after the incident. support terrorism, the American vic- ‘‘Ayatollah Ali Khamenei awarded ‘‘For this action, Martland was re- tims were left in the lurch. It is more the Order of Fat’h medal to Admiral moved from the outpost and faced rep- than irresponsible. It is unconscionable Ali Fadavi, the head of the navy of the rimand. He later was allowed to reen- what has been going on. Revolutionary Guards, and four com- list, only to face a Qualitative Manage- At some point, people in this admin- manders who seized the two U.S. Navy ment Program review board in Feb- istration have got to figure out what vessels, according to Reuters. Iran’s ruary 2015.’’ most of the American people have fig- state media reported the news on Sun- That would be a year ago. ured out, and that is you are not going day. ‘‘The Army argued that the black to stop terrorism by trying to be sweet ‘‘Order of Fat’h given by Chief Com- mark on his record, which states he as- and kind to the terrorists. Some of us mander of Armed Forces to IRGC Navy saulted ‘a corrupt Afghan commander’ learned it on the playground growing commanders who captured intruding is cause to expel him from duty, de- up. I guess now that the Federal Gov- U.S. marines’’. . .‘‘In a tweet from his spite the fact that he has the full sup- ernment has control of education to account Sunday, Khamenei port of his command and immediate such an extent that schools are forced misidentified those who were ‘cap- leadership. In fact, the Department of to teach to the test—I have even had tured’ as being members of the Ma- Defense Inspector General reported to elementary schools tell me: We have rines. me that’’—this is a letter from DUNCAN had to do away with recess in elemen- ‘‘On January 12, Iran captured the HUNTER—‘‘ ‘personnel are very sup- tary school because we just don’t have ten sailors whose boats ‘misnavigated’ portive of the Sergeant and his efforts time. We have got to teach them to the into Iranian waters, according to De- to remain in the U.S. Army. . . .’ And test so that we can get that Federal fense Secretary Ash Carter. Though there continue to be efforts within his money and we can stay open. the sailors were released the following command to not ’inadvertently hamper But if you allow recess and kids are day, Iran released video of the sailors his efforts.’ This was in response to an on the playground and you have kids being captured, detained and apolo- alleged gag order put on Martland and that were smaller like I was, you learn gizing for the incursion. his fellow soldiers’’—apparently, about you are not going to stop bullying by ‘‘Though Iran initially accused the trying to stop the rapes that were giving your money to a bully. If you sailors of spying, Fadavi later said an going on in Afghanistan. give a bully money, not only do they investigation had established the sail- ‘‘Importantly, Martland was per- not respect you, they have more con- ors were led astray by ‘a broken navi- mitted to resubmit an appeal to the tempt and it encourages their bullying. gation system’ and the trespassing was Qualitative Management Program de- You can’t do that. You have to stand ‘not hostile or for spying purposes’. cision after his first appeal was denied up to bullying. You find out when you ‘‘The sailors were attempting to outright. And recently, a decision do that, sometimes you will have a navigate from Kuwait to Bahrain when within Army Human Resources Com- teacher, like my fifth grade teacher, they crossed into Iranian waters.’’ mand recommended that the Army up- that took up for the bullies, but you Well, Madam Speaker, we have got hold the judgment that Martland be re- will ultimately find more teachers will satellites that could show exactly what moved from service, although a final not tolerate that kind of conduct. happened. I would think that if this ad- decision has yet to be made about his This administration never learned ministration wanted to defend our sail- future.’’ that. Maybe there was no chance to ors, they would show the satellite foot- Madam Speaker, we have an Amer- learn that in the young schools in In- age of where they were and we would ican hero in Sergeant First Class donesia. Maybe that is why we have a be able to see for sure whether or not Charles Martland. Dragging a child Commander in Chief that thinks we they did cross into Iranian waters. rapist out of the confined area that should reward the terrorists, the sup- But consistent with these reports and this child rapist was using to be a se- porters of terrorism, and punish the stories we have already looked at this rial rapist, doing harm to children in victims of terrorism by not letting evening, it seems if they are going to Afghanistan, is an act of heroism, not them have proper financial restitution. act consistent with this administra- an act to be condemned. In fact, courts But it is tragic what is going on. It is tion’s prior actions, this administra- I am aware of, certainly juries in tragic. tion wouldn’t want to embarrass the Texas, would say that was acting in de- There are a number of stories about Iranian military, the supporters of ter- fense of a third person. This man is Sergeant Martland, including from my rorism, and so we wouldn’t want to guilty of nothing except a heroic act to friend Jay Sekulow. He said: show that they were liars. So we won’t save children and women from being ‘‘Yet, for his actions, he was imme- show by satellite footage exactly where raped by a corrupt police commander. diately pulled from the battlefield and our sailors were, and we won’t show ex- But under this administration, where this decorated war hero is now facing actly where our other naval vessels we give money to supporters of ter- expulsion from the military.’’ were. These were reported to be small rorism, the largest supporters of ter- This administration’s priorities are vessels. Well, you don’t have small rorism in the world, and where we beg so completely out of step with truth, Navy vessels unless they are near much courts not to give large reimburse- justice, and the American way—what larger Navy vessels. Normally, if they ments to victims of terrorism, our own used to be the American way. Perhaps are larger Navy vessels, there are other American victims of foreign terrorism the American way has been fundamen- small vessels that can go rather quick- because that might not help, it might tally transformed in the last 7 years, so ly. make the foreign terrorists mad if they now the American way has become If you have the Navy vessels there, have a judgment against them, then it that we help terrorists, give them there is a good chance there is a carrier seems like this is perfectly consistent money, and we punish those who are nearby, an airstrip, where jets could be with the policies of this administra- victims. there in no time whatsoever. It used to

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.089 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H487 be under other Commanders in Chief, satisfaction with the status quo, and it and the Future Health Professionals not this one, but other Commanders in is propelling a new conversation Skills USA to talk about a very impor- Chief, that if we had sailors who were against the dysfunction and gridlock tant issue: food security. in danger of being captured by a coun- that have long thwarted effective gov- In Nebraska, we are very fortunate to try, particularly the largest supporter ernment here in Washington, D.C. have a very, very low unemployment of terrorism in the world, our jets As families across our Nation face rate. We have the convergence of some would be put in the air. They would get pressing challenges, it is sad, but elect- extraordinary natural resources, that there immediately. They would keep ed officials often prioritize divisive of our farming and ranch community; flying overhead and protecting those rhetoric instead of empathy and under- we have manufacturing; we have a fi- sailors until the Navy itself could get standing. Now our disagreements have nancial sector; we have had a long tra- there to rescue them. widened into chasms. It is exhausting— dition of solid community leadership, For some reason, this administration exhausting to America’s spirit—and it which has left our economic situation thought it was a better idea not to put is distracting us from the possibilities much better than most across the our aircraft in the air—kind of reminis- that are before us. In the midst of this country. Even so, even in our State, we cent of Benghazi. We are not going to contentious Presidential primary sea- face problems with structural poverty. These young students came together send aircraft that could have been son, Madam Speaker, maybe it is time because they recognized the need to en- there in minutes. But, heck, I was ask- to just pause, change the subject, and gage in the issue of children who face ing a former commander at Ramstein celebrate some of the best examples hunger—of children who return from Air Base clear up in Germany. He that our country has to offer. school hungry, of children who have to didn’t realize where I was going. In a small town gym in Beemer, Ne- worry about not having enough to eat I asked: How long would it take, say, braska, at Beemer Elementary School, when they get up in the morning. to get to North Africa from Ramstein? the community recently gathered to These young people were there, gath- He said: About 3, 31⁄2 hours at the celebrate the life of Joseph Lemm. ered to lead the way—to find realtime most. While deep sadness marked the occa- solutions in their own small commu- I said: So you could have been at sion, the community’s desire to gather nities, to help the impoverished, vul- Benghazi in 31⁄2 hours? and tell stories and honor this remark- nerable members who are all around He said: Oh, well, we had ordnance on able man pointed to a much deeper un- them. the planes that particular evening, and derstanding of the values that bind us. Madam Speaker, that same snow- Joe chose to put on three different it would have taken awhile to recon- storm that kept me out of Washington, uniforms in his life—first, by enlisting figure those. though, did not deter hundreds of other in the United States Air Force after Well, if you can get clear from Nebraska students who left the com- 1 high school. Then he went on to have a Ramstein Air Base to Benghazi in 3, 3 ⁄2 forts of their homes and drove on buses career with the New York City Police hours, tops—we have got planes a through the night to exercise their fun- Department and, finally, with the New whole lot closer to where these Navy damental American rights: the freedom York Air National Guard. Joe served vessels were—they should have been to assemble and the freedom of speech. able to be there in minutes. I am sure three tours of duty in Iraq and Afghan- In the face of that devastating bliz- some commander or some admiral who istan. This past December, Joseph zard a couple of weeks ago, these prin- is afraid of the Commander in Chief Lemm gave his all for his country, cipled boys and girls participated in would never admit that, not these along with five other Americans who the annual March for Life. They are days. were killed in Afghanistan. Although young people in our country who refuse But the fact is this once proud Joe left Nebraska a very long time ago, to accept the current settlement in our United States military who protected I am quite certain that he carried his wounded culture. They refuse to stare its own for the last 70 years and now it early formation with him throughout at pain and woundedness and then walk calls upon the largest supporter of ter- his life of service, and I suspect my away. They refuse to accept what has rorism to come get our sailors and to State, Nebraska, was never far from been fostered upon us for the last four have them kneel on their knees, hands Joe’s heart. decades of brokenness, of fracturing in behind their heads, as if they are Before the service that memorialized family life, and the deep wounds that POWs, embarrass them to the max- him, I saw Joe’s mother, Shirley. Shir- abortion has caused in so many women. imum, for that, Secretary of State ley embraced me as though we were They are demanding that we do better Kerry thanked Iran. family members, and, perhaps, we as a country. They are saying to all of Well, Madam Speaker, I see my were. She embraced our Governor, Gov- us that women deserve better, that we friend from Nebraska is here. I yield to ernor Ricketts, and United States Sen- deserve better. They traveled to Wash- my friend. ator SASSE in the same way. Everyone ington to explicitly express this pro- in the gym in the little town of Beemer b 1845 life perspective and to proclaim that knew, in the midst of this deep grief we should care for unborn children, for NEBRASKA VALUES and loss, that Joseph Lemm’s life had their mothers, and for our society as a Mr. FORTENBERRY. Madam Speak- great value, had great purpose. whole. er, I thank the gentleman from Texas Madam Speaker, several weeks ago, This is the new generation—the Mil- for yielding. Washington, D.C., was buried in an av- lennial Generation—that, in many I want to point out something about alanche of snow, the remnants of which ways, is standing upon the ash heap of Mr. GOHMERT. He was speaking about are still around. I was intending to broken tradition, and they are longing our military a moment ago. He, him- come back to Washington but had to for more. They are saying there is a self, is a veteran. He served in the cancel that trip, and I had more time better way no matter how deep and dif- United States Army during the Viet- than I had anticipated in my home- ficult the problem is. Although our Na- nam war, and I appreciate his service. town of Lincoln. As I was in my office, tion, particularly in our politics, still Madam Speaker, I also want to share I noticed some young people who were experiences deep and sad divisions over something with the body today. I write walking around the complex in their the question of abortion, I do think we a weekly report, generally, called the signature blue Future Farmers of should all commend these students for Fort Report. This week, I sent one that America jackets, the FFA jackets. I responsibly exercising their rights to I hoped would have a broader meaning love those jackets, Madam Speaker. peaceably demonstrate, for standing up to the House of Representatives and, They are emblazoned with the name of for what they believe. That is a source perhaps, to anyone else who might en- their hometown below the FFA sym- of renewal and strength in America. counter this. It is entitled, ‘‘Nebraska bol. These young people had gathered Sometimes it discomforts us. Some- Values.’’ It is stories about America’s along with others from the Distribu- times it challenges those of us in power political and economic and cultural tive Education Clubs of America; the when truth has spoken to us. Some- crises. As we all know, they are domi- Future Business Leaders of America; times it bumps up against systems that nating the headlines across our Nation. the Family, Career and Community seem stacked against the ordinary per- There is widespread, bipartisan dis- Leaders of America; Educators Rising; son.

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.090 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H488 CONGRESSIONAL RECORD — HOUSE February 2, 2016 These young people are not willing to hands. It is because this administra- State group’s relentless destruction of accept the current economic, political, tion would rather punish Green Beret ancient cultural sites. and cultural settlement in our country. Sergeant First Class Martland for stop- ‘‘For 1,400 years the compound sur- They are saying let’s strive for more. ping a serial child rapist. It would vived assaults by nature and man, Let’s imagine what we could be. Let’s rather punish him—throw him out, end standing as a place of worship recently put aside the pain. Let’s heal the past his military career—because this ad- for U.S. troops. In earlier centuries, and look forward when all life is cele- ministration, at least here in this generations of monks tucked candles in brated as a beautiful gift. I respect country, does not want to offend the the niches and prayed in the cool chap- what they did, and I think, again, all of serial child rapist in Afghanistan. el. The Greek letters chi and rho, rep- us here can look to these young people No wonder people around the world resenting the first two letters of who have responsibly demonstrated in have lost so much respect for the Christ’s name, were carved near the en- front of us as good future stewards of a United States in the last 7 years. They trance. rebuilt America. know that stuff is going on. They knew ‘‘Now satellite photos obtained exclu- So, Madam Speaker, that is really that Sergeant Martland stood up for sively by The Associated Press confirm what I wanted to say to you today. I the child and for the woman. They the worst fears of church authorities am proud of these Nebraskans who knew what he did. They spread the and preservationists—St. Elijah’s Mon- have continued to demonstrate a better word. Then the word spreads when Ser- astery of Mosul has been completely pathway for America in public servants geant Martland makes international wiped out. and in military heroes, such as Joseph news because this administration ‘‘In his office in exile in Irbil, Iraq, Lemm, who gave his life for his coun- wants to punish him for dragging him the Rev. Paul Thabit Habib, 39, stared try, in the young people back home out of the compound—not killing, not quietly at before- and after-images of the monastery that once perched on a who are deciding to tackle systemic beheading, not disemboweling—in an hillside above his hometown of Mosul. childhood poverty and hunger, and in act of defense of many third persons. Shaken, he flipped back to his own the students who trekked all this way They find out this administration pun- photos for comparison. in hazardous conditions to stand in de- ished the military hero, the Green fense of vulnerable persons. ‘‘ ‘I can’t describe my sadness,’ he Beret who protected the victims. said in Arabic. ‘Our Christian history Perhaps, in the example of these It is incredible. I mean, any adminis- young people, we can find an answer to in Mosul is being barbarically leveled. tration that would do that would prob- what is right about America at a time We see it as an attempt to expel us ably turn around and, if it heard about when so much seems to be going wrong. from Iraq, eliminating and finishing some entity that was allowing unborn We can carry forward the best of our our existence in this land.’ babies to be killed and was selling body traditions, those put forward by small ‘‘The Islamic State group, which parts, might be tempted to punish the communities and families that are broke from al-Qaeda and now controls people who exposed it instead of pun- really the renewing social force that large parts of Iraq and Syria, has killed ishing those who did such a heinous will help turn our country around. thousands of civilians and forced out Mr. GOHMERT. Madam Speaker, I act. hundreds of thousands of Christians, am very grateful to my friend from Ne- b 1900 threatening a religion that has endured in the region for 2,000 years. Along the braska. Mr. FORTENBERRY and I came Those who have read Scripture know way, its fighters have destroyed build- in together, and I am so glad we did. there will come a time when right is ings and ruined historical and cul- We have been friends ever since. What wrong, wrong is right, the good are turally significant structures they con- a noteworthy tribute he had to pay. I punished, and the evil are rewarded. sider contrary to their interpretation am grateful for that tribute. But we also know the day will come Madam Speaker, we have had so of Islam.’’ when the ultimate judge of the world many Americans who have given, as Madam Speaker, I find it interesting will set things straight. Lincoln said, the last full measure of that these writers know what leaders So this is a story from Martha Men- devotion for freedom, for liberty, for in this administration still, after all doza, Maya Alleruzzo, and Bram people who were not even Americans, these years, have not figured out. It is Janssen from the Associated Press: because that is who Americans have Martha Mendoza, Maya Alleruzzo, and ‘‘Oldest Christian monastery in Iraq is been. Bram Janssen. I know our current President is fond razed.’’ This is heartbreaking. They point out in this article that of saying that is who we are, and then This is a monastery Americans were these people believe that these sites he provides access to $100 billion for devoted to restoring. It is a monastery are contrary to their interpretation of Iran—the largest supporter of ter- where people came to know Jesus of Islam. Yet, this administration says, rorism. It says it is going to keep sup- Nazareth for the last 1400 years. It is a no, it has nothing to do with Islam. porting terrorism, just with a lot more place where God did miracles in peo- The article continues: money now that the President has ple’s lives. It is a place where our mili- ‘‘Those who knew the monastery made all of this available. The Presi- tary were very, very careful to protect wondered about its fate after the ex- dent says that is not who we are, and because they knew the Christian sig- tremists swept through in June 2014 then he shows us that we open our nificance. and largely cut communications to the arms to terrorists from all over the As this administration miscalcu- area. world. lated—apparently, our intelligence ‘‘Now, St. Elijah’s has joined a grow- So many Americans gave their lives agencies did not miscalculate. Appar- ing list of more than 100 demolished re- and gave their limbs for liberty in Iraq, ently, our intelligence agencies made ligious and historic sites, including for liberty in Afghanistan. In fact, in very clear to this administration that mosques, tombs, shrines and churches Afghanistan, if I recall my figures cor- ISIS is not a JV team, that these are in Syria and Iraq. The extremists have rectly, in the 71⁄4 years under Com- dangerous people and they have to be defaced or ruined ancient monuments mander in Chief Bush, from October of stopped and you have to ramp it up. in Nineveh, Palmyra and Hatra. Muse- 2001 until January of 2009, there were So it wasn’t our intelligence. We ums and libraries have been looted, just over 500 precious American lives didn’t have bad intelligence. The re- books burned, artwork crushed—or given for the cost of freedom in Af- ports are out there. The administra- trafficked. ghanistan. Supposedly, we were told by tion, thinking it knew better than ‘‘ ‘A big part of tangible history has this President, the war was pretty those on the ground in the area, did not been destroyed,’ said Rev. Manuel much over. He sent more troops for a take ISIS seriously. Yousif Boji. A Chaldean Catholic pas- while to Afghanistan; but even after, Now, this Christian monastery over tor in Southfield, Michigan, he remem- supposedly, the war has been over and 1400 years old has been razed. The story bers attending Mass at St. Elijah’s al- troops have been left over there, we from Iraq: most 60 years ago while a seminarian keep getting Americans killed. ‘‘The oldest Christian monastery in in Mosul.’ It is because of the rules of engage- Iraq has been reduced to a field of rub- ‘‘ ‘These persecutions have happened ment that so needlessly tie their ble, yet another victim of the Islamic to our church more than once, but we

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.091 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H489 believe in the power of truth, the power two White Socialists—this was the maybe 3, days, if you are not doing of God,’ said Boji. He is part of the De- comment from this person—and in the much and it is really not very hot, troit area’s Chaldean community, Republican primary, the first and third without water. It is essential. This is a which became the largest outside Iraq vote-getters were Cuban, Hispanic bottom-line security issue. after the sectarian bloodshed that fol- Americans, and the fourth was African If you don’t have water, you are inse- lowed the U.S. invasion in 2003. Iraq’s American. Isn’t that interesting the cure. If you don’t have water, you will Christian population has dropped from way things have turned? very soon be dead. If you have poi- 1.3 million then to 300,000 now, church Well, I have enjoyed coming to love sonous water, you may not die imme- authorities say.’’ the people of Iowa, and I look forward diately, but it will certainly affect you. Christians are under persecution, to the days ahead because of them. Let’s take a look at this. This is being killed in greater numbers than Madam Speaker, I yield back the bal- water from Flint, Michigan, United any time in our history. Yet, it is not ance of my time. States of America. There are roughly the Christians being persecuted in f 100,000 human beings in Flint, Michi- greater numbers than any time in his- WATER SECURITY gan. tory. It is not the group that many in Well, among the most essential of all The SPEAKER pro tempore. Under the world recognize are the most per- of the things we need for life, for secu- the Speaker’s announced policy of Jan- secuted religion in the world. rity, is water. That is Flint, Michigan, uary 6, 2015, the gentleman from Cali- This administration wants to wel- water, a city of 100,000 people in the fornia (Mr. GARAMENDI) is recognized come those of the religion of persecu- United States. for 60 minutes as the designee of the tion rather than the most persecuted minority leader. b 1915 group in the world, that being Chris- Mr. GARAMENDI. Madam Speaker, I tians, although just recently this arti- Oh, we would like to think of our- want to pick up on some issues of secu- selves as being the most advanced cle from CNS News, ‘‘550 Syrian Refu- rity. We have heard for the last hour gees Admitted to U.S. Since the Paris place in the world. That is Flint, discussions of security, and there are Michigan, water. Nine thousand chil- Attacks’’—and, of the most persecuted many different aspects to the question highest number killed in the history of dren under the age of 4 or 5 have been of security. drinking that water contaminated with the world, Christians, this administra- Are we secure in this world in which tion admitted two. lead for about 14 months. we live? Well, there are a lot of prob- I am not going to go into the reasons An article from the Texas Tribune lems. To be sure, we can worry about why that tragedy is occurring. There points out that Governor Greg Abbott China and the South China Sea, and we are many. There is an FBI investiga- and my friend, Democrat U.S. Rep. do. Certainly, in the Middle East, tion and there are questions about the HENRY CUELLAR, ‘‘pressed the U.S. De- where I recently visited the Gulf States Governor of Michigan and the way in partment of Homeland Security on and Iran, there are a lot of concerns which it was done, but I am not going Monday to explain why the agency there. to go there today. plans to reduce its aerial surveillance As you move into Iraq, there are the I want to go to something else that on the Texas-Mexico border.’’ issues of ISIL, al Qaeda and, of course, we are responsible for here in the ‘‘Monday’s request comes as CBP is the great tragedy that is occurring in House of Representatives and our col- reporting a new surge in the number of Syria where, basically, cities are sim- leagues across the Capitol in the U.S. undocumented immigrants crossing the ply being destroyed, obviously, the Senate. I want to talk about our re- Rio Grande. From October to December churches, the monasteries, the sponsibility here because this is our of 2015, about 10,560 unaccompanied mi- mosques—boom—housing. nors entered Texas illegally through There are well over 270,000 people— business. the Rio Grande Valley sector of the Christians, Muslims, and others—killed If we are concerned about security— U.S. Border Patrol. That marks a 115 in the Syrian civil war and the result- and we are—we should—and we do— percent increase over the same time ant desire by people to get out of there. talk about al Qaeda. We should—and frame in 2014.’’ Immigration issues are abounding. Cer- we do—talk about ISIS. We should— Madam Speaker, what is clear is tainly, they affect us here in the and we do—talk about refugees and that, as this administration says, oh, United States. whether they are safe or not. We talk we are arresting fewer people coming There are many other security issues about San Bernardino and the great into the country illegally, these kind beyond those that make the headlines. tragedy there. We should talk about it, of reports make clear, well, yeah, if There are security issues in our homes. and we should do something about it. you close your eyes, you will keep ar- For example, do we have a job? Well, There is another side of security that resting even fewer. That is what they that is a big issue. we have specific responsibility to deal are doing. They are closing our eyes to Often here on the floor, in days gone with. In 1974, we set out to clean up the our ability to see people that are vio- by, I would stand with my colleagues waters of the United States with the lating our law. and we would talk about creating jobs Clean Water Act. Over the years, it has At the same time, we get this report in the United States. We would talk been amended. In 1996, we set standards from the Washington Examiner that about strategies of Make It In Amer- for clean water and we provided some sanctuary cities now cross the 300 ica, strategies to use our tax dollars to funding. mark, with Dallas and Philadelphia buy American-made products and serv- If someone were to grade us on our added to it. ices so that our money could be used to success in addressing one of the funda- Madam Speaker, with so much to be employ our own people and to support mental security issues, that is, the depressed about, I want to commend our own businesses. ability to have clean, drinkable water, the people of the State of Iowa, where These are all very, very important here is the scorecard. Let’s take a look I spent a couple of days last week and strategies. They do happen to do with at it. Let’s see. where I have spent other times many individual security, community secu- We can run down through aviation, days in the past. When I am among the rity, and family security. So security bridges. Oh, by the way, this is from Iowans, I feel like I am back home in has many, many pieces. the American Society of Civil Engi- East Texas. The people are wonderful. Tonight I want to talk about one neers. They produce a scorecard on how I had somebody ask earlier today type of security. This is something well this great Nation, the United about: What do you think about your that affects every human being, every States of America, is doing on pro- party? animal, large or small, from an ele- viding fundamental security. I said: What do you mean? phant to the smallest mouse. This se- Aviation, bridges, dams, drinking He said: Well, you look at the people curity issue is one that affects every water: D. Today, at a hearing on water, that won the Iowa caucuses. form of life. It is called water. It is the Society of Civil Engineers said we So? called water. have got a D on drinking water. The comment was made: Well, in the This is the most basic of security Somebody asked them: Is that the Democratic caucus or primary, you had issues. You don’t go but a day or 2, bottom grade?

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.093 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H490 CONGRESSIONAL RECORD — HOUSE February 2, 2016 They said: Well, pretty much because You wonder why we have a D? You This is the critical issue that really if you go to an F, it is too much paper- wonder why the water systems break. determines whether we are competitive work. So they just stop at D. D. 240,000 water mains broke last year in as a Nation. But it goes beyond com- We fancy ourselves to be the greatest the United States. You see the pictures petitiveness. It is the issue that will place in the world, the most advanced of the sinkholes. That is not a geologi- determine whether we have true na- economy. All the way down this list cal issue. That is a water main issue. A tional security. But it goes beyond na- are D’s, a couple of C’s. Our infrastruc- water main is broken, washed out the tional security. Sometimes it is a mat- ture doesn’t rank among the best in street, washed out the community, and ter of life and death. Sometimes it is the world. In fact, we rank about where the houses fall into it. Not all of them, really a matter of health. developing countries are. but that is basically it. 240,000 of those In my hometown, the issue of failed So what is the result of all of this? last year. infrastructure, particularly of the Well, Flint, Michigan, water, would What are we doing? Are we building State of Michigan and their failure to you drink it? For 100,000 people in new, high-quality water systems for manage infrastructure, let alone rein- Flint, Michigan, that is their water our community? No, we are not. I will vest in it potentially, will affect not supply. Without water, you don’t live. tell you what we are doing. Over the just 100,000 people, all of the citizens Closer to my home in Porterville, next few years, we are going to spend a there, but, most importantly, will af- California, a city of a few tens of thou- trillion dollars in the next 20 years on fect the trajectory of the lives of 9,000 sands of people, no water. So they rebuilding—that is a trillion dollars, children under the age of 6 who, for the truck it in. I have got one of those on not a billion—a trillion dollars—on re- last year and a half, have been drink- my ranch. It is called a livestock water building our entire nuclear warfare ing water that has elevated lead levels trough. That is where the kids get system. Every bomb, new airplanes, well beyond what normally would be their water in the United States of new missiles, new intercontinental bal- required in order to take drastic action America. listic missiles, new submarines, a tril- to correct the problem. Oh, we think we are good. Security lion dollars. And this number competes And it was largely overlooked be- comes in many forms. Drinking water. with that trillion dollars. cause of a failed philosophy of govern- So why does this happen? Why is it We make choices around here, folks. that, in this great Nation, all of us, 435 ment in the State of Michigan that put We make choices on how we are going short-term interest, short-term dol- here, and another 100 across the Cap- to spend your tax money. We are going lars-and-cents measures of success, itol—why is it Flint Michigan, Porter- to spend it on nuclear bombs that go ahead of not just long-term invest- ville, California, a half a dozen other big in a big way, on new stealth bomb- ment, but ahead of the lives of children cities in California, no water or con- ers, new intercontinental ballistic mis- that has resulted in this terrible trag- taminated water? siles, new submarines, new dial-a- edy. Just in December it was reported bomb—dial it up, it goes big; dial it that, in about a half a dozen commu- down, it goes small—so that we can use b 1930 nities in the San Joaquin Valley of it as a tactical nuclear weapon. Whoa. I will just take a moment to tell you California, the uranium in the water We are making choices here. what happened and to support the ef- has reached a level beyond that which I can go on for some time about this. forts of my friend Mr. GARAMENDI in is allowed. That is okay. It is only I get pretty excited about it. I get pret- continuing to raise this question. going to be cancer. ty dismayed. When I am in Brussels, as The letter grade graph he showed re- Uranium, fine. Flint, Michigan, I was last week, returning from the garding clean drinking water showed in Porterville, communities throughout Gulf States—Oman, Dubai, Abu Dhabi, the aggregate a grade of D. In Flint, it this Nation. Oh, Toledo, Ohio. I remem- Qatar, Bahrain—looking at what is was an F. It was a failing grade. ber Toledo, Ohio, last year shut down going on there, this is what I saw: I saw So, the failure to invest in infra- its water system because of contamina- enormous problems. But I also saw a structure, and particularly urban infra- tion from algae in the lake. America. modern infrastructure. Go to Brussels. Why? Why? structure—roads, bridges, and water— Look at their airport. Then go to an led to significant economic difficulty Here is why. A sharp drop in govern- American airport. ment infrastructure spending. Oh, gov- in my hometown of Flint. The failure Water. Water. Flint, Michigan, of the State to support cities—and, in ernment infrastructure spending. Fed- water. State of Michigan, United eral Government infrastructure spend- fact, they cut direct support in cities— States of America, that is the water resulted in my hometown going into fi- ing. For 435 of us; this is our job. that 100,000 Americans are forced to Oh, let’s see. This is 2002. Some- nancial stress. The State then ap- drink. We have got a Clean Water Act. pointed a receiver to take over the where—oh, these are real dollars, We have got the laws in place to build disinflated, $325 billion. In 2014—that is city. our water systems. Rather than provide support, rather 12 years later—$210 billion. That is So what do we do? Well, I guess we than rebuild, it appointed a receiver, a what happens. That is what happens would rather rebuild the B61 nuclear financial manager, to go in with one when you don’t have water in Porter- bomb rather than building a water sys- tool, and one tool only, and that was a ville. That is what happens when you tem for Americans for the security of have uranium and the inability to take 100,000 people. scalpel, to cut the budget of a city that it out because you can’t afford the sys- I live a long way from Flint, Michi- was really begging for investment. In- tems. That is what happens in Flint, gan, but the guy I am going to call on, stead of investment, more cuts. Michigan. that is his home. That is where he was One of the cuts was, for a temporary Let’s take another look at those raised. Those are the people he rep- period of time until a regional pipeline numbers, another way to look at it. resents. to Lake Huron was completed, to draw Spending on clean water and drinking DAN KILDEE, you have been on this drinking water from the Flint River, water infrastructure. In 2014 dollars— issue for weeks and months. You have which for decades functioned as an these are constant dollars across the been sounding the alarm. You have open industrial sewer. way—1973, is that Ronald Reagan? I been calling us out. You have been call- In the State of Michigan, where we think so. No. Actually, it was a little ing us out, all 435 of us and the Senate have the world’s greatest source of sur- later. and the administration. You have been face water, freshwater, there was a de- That wasn’t Reagan. It is the end of— calling us out, and you are doing the cision to use the Flint River. But be- what did we spend in 1973 in consistent work of securing the safety of the peo- cause of our aging infrastructure, old 2014 dollars? We spent about $10 billion. ple in your community. Please join me, infrastructure, and lots of lead pipes, Okay. In 1990, we spent about $6 billion. DAN KILDEE, from Michigan. including thousands and thousands of Again, these are dollars all consistent Mr. KILDEE. Well, first of all, let me lead service lines to homes, and the for 2016 dollars. In 1999, we are down to thank my friend, Mr. GARAMENDI, not failure of the State to manage this about just under $4 billion. In 2005, we just for that introduction and for his process and treat the water effectively, get down to about $3.5 billion. In 2016, comments about my hometown, but for highly corrosive water leached lead bingo, $2 billion. his leadership on this issue. into the drinking water, and 100,000

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.095 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H491 people have been subjected to elevated ture is that Flint proves that it mat- us, which is the State government lead levels. Thousands of children have ters what we do here. It matters what with, I think, a completely bankrupt potentially been affected. we do in this House. The fact is we philosophy that basically says you are The sad story here is that it all could have known as a Nation for a long time on your own. have easily been prevented with just a that, if we are going to be safe, if we Well, you are not on your own when little bit of investment and better are going to be competitive, if we are it comes to drinking water. We all ex- management of the infrastructure. But going to be healthy, we have to invest pect drinking water to be clean. We we take water infrastructure for grant- in that which we take for granted. have every right to expect that. It is a ed, as if all we have to do is turn on the Think about it, water, drinkable human right. faucet and the water will appear. No, it water. Most people in this room, most But what we need now and what I takes investment; it takes money; it people in America never give it a sec- think is morally required is to wrap takes resources. In this case, the ond thought. You just turn on the fau- our arms around these kids. We know State’s failure has resulted in some- cet and it is there. It is literally what that when it comes to brain develop- thing that we hope is not repeated we depend upon for our very lives. In ment and challenges the kids might across this country; but without in- Flint, Michigan, because of this ter- face, whether it is from a develop- vestment, there will be more Flint, rible failure, not only was it not safe, mental question from some other Michigans. but we poisoned 9,000 children as a re- source or derived from lead exposure, So what we need now is to call upon sult. the more we do to help those children the State particularly to make the There are consequences to what we develop as early as possible, the better kind of investment in Flint to make it do here, and there are consequences to they will do in the long term. right. As I said, 9,000 children in the what we don’t do here. So for those So, I will have legislation that I will city of Flint under the age of 6 have Members who have expressed their introduce this week that puts Federal substantially elevated lead levels from sympathy, I appreciate that, I sin- support in—and requires the State of the water that showed up in their blood cerely do. But the children of Flint, the Michigan to come up with its share, be- in tests done by a courageous pediatri- people of Flint, and, frankly, the peo- cause they did this—so that we expand cian, Dr. Mona Hanna-Attisha, who was ple of Porterville and everywhere else Head Start, Early Head Start, and that one of the people who blew the whistle need more than sympathy. We need in- we give those kids the early oppor- on this. vestment. We need this Congress and tunity to expand their minds; also, So now we have a crisis in Flint. We this country to step up and do what it that we get them nutritional support, have a loss of faith in government. But is right and invest in our own future, because we know that good, nutritious it is a crisis because this city is really because if we don’t, as you can tell, food—milk, for example—is very help- at risk. We need significant investment there are consequences. ful in getting kids through lead expo- to make it right. That investment Thank you for your leadership on sure with minimal impact. would come in the form of a long over- this. Now, it is only to mitigate the dam- due replacement of those lead service Mr. GARAMENDI. Mr. KILDEE, thank ages and help these kids overcome, but lines, that lead piping that is outdated, you so very much for the work that what we need to do now as a commu- obsolete, and dangerous. Because of the you are doing sounding the alarm and nity is what we would do for any child failure to deal with this when it was a driving all of us. I know you did this facing a developmental challenge. It is less expensive investment, we now morning in our Caucus. You alerted us early childhood education. It is nutri- have, I think, a very important moral to it. You motivated us. And, in fact, I tional support. It is a school nurse, for responsibility on the State of Michigan am talking about it tonight because of example. We have gone so far in this to take care of the unique needs that your motivation that you gave to me country that we don’t even fund the ba- these children will face as they go and to our colleagues this morning. sics that we all grew up with. We all through their developmental stages. You spoke here a little bit about the had a school nurse. You go to Flint, We need early childhood education for human consequences. I would like you Michigan, a city of 100,000 people, and all of them. We need good nutritional to take another run around this on how we have one school nurse. programming—and not just to make it we bear—the community of America, Also, it is after-school programming, available, but to ensure sure they have and more specifically, Michigan—the enrichment opportunities. Most of the good nutrition. We need additional help responsibility of caring for addressing kids in my hometown, sadly, already in the schools. We need behavioral sup- the human problem that now exists. have hurdles in front of them because port. Mr. KILDEE. I thank you for that of the misfortune of being born into There are consequences. There are question, because that is really the poverty. They don’t have the kind of human consequences to this failure. It core of what we are dealing with right opportunities that many kids take for is not just that the water looks bad, now. granted: piano lessons, dance, art, smells bad, tastes bad. It is unhealthy. We need a lot of help in Flint. This after-school activities, gym time, a Again, I hope Flint’s experience can could have been avoided. But now that summer program. Maybe for the older be an experience for the rest of the this has occurred, there is some work kids, a summer job. country, because the way our State we need to do to fix the pipes. There is That is the kind of help that will be treated the people of Flint was as if some work we need to do to make sure required in order to move these kids they didn’t matter. They allowed this the emergency needs are met—tem- from where they were headed before infrastructure to atrophy, allowed the porary water. But the real need is this this crisis occurred and what the tra- city to atrophy, didn’t support redevel- human need. jectory of their lives looks like right opment, didn’t support even the basic Lead is a neurotoxin. It affects devel- now. need of $140 a day to provide corrosion opment of the brain. The citizens who So the point is there are human con- control treatment in this aging water are most at risk are those children who sequences for the failure to do this system. All of that could have pre- are still in those early developmental right in the first place. And when we vented this terrible tragedy, but they stages, particularly children age 6 and have a State government that failed didn’t do it. under. Literally, children feeding, these kids, they now have a moral obli- So now the State of Michigan bears drinking formula made with this water gation to step up and actually take the principal responsibility. I am doing will have the trajectory of their lives care of their needs going forward. everything I can to get Federal help for potentially affected. Mr. GARAMENDI. If I might inter- this, but the State of Michigan bears The thing that I think is important rupt you for a moment, this morning the principal responsibility. As far as I to keep in mind is, first of all, Flint is you spoke of a young child that was am concerned, it is up to them to make a tough town. We can live through this; interviewed. Would you please share it right. we can get through this; we can suc- that? The message that my friend has been ceed; but we are going to need re- Mr. KILDEE. I will. I read this. It bringing to this Congress when it sources. We need resources, really, to came from a writer from Detroit, a guy comes to this question of infrastruc- come from the people who did this to named Mitch Albom, who most people

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K02FE7.097 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H492 CONGRESSIONAL RECORD — HOUSE February 2, 2016 know for having written a bestseller, have a young 8- or 9-year-old boy say Mr. Speaker, I yield back the balance ‘‘Tuesdays with Morrie.’’ He came to to himself, ‘‘I am afraid I won’t be of my time. Flint to interview children and to talk smart.’’ f about what this whole experience What does that do to that kid’s hopes meant to them. for himself, whether the cognitive, be- LEAVE OF ABSENCE One young man said something havioral, or developmental impact of By unanimous consent, leave of ab- which, in a very poignant way, in a lead would have any substantial effect sence was granted to: really eloquent way, describes what ex- on him or her, kids that are in Flint? Ms. KAPTUR (at the request of Ms. actly happened in Flint. The little boy The fact that the lack of action by the PELOSI) for February 1 on account of said that he was afraid that he government gives them doubt about travel delay. wouldn’t be smart now, that he their own future, doubt about their wouldn’t be smart. f own capacity is just heartbreaking. It just occurred to me what a terrible crime this is, the failure of adults to Mr. GARAMENDI. Mr. KILDEE, thank ADJOURNMENT manage the government in a way that you very, very much. Mr. GARAMENDI. Mr. Speaker, I takes the concerns of the life of a child ‘‘I am afraid I won’t be smart move that the House do now adjourn. into account and looks only at a bal- enough.’’ I wonder if we should ask The motion was agreed to; accord- ance sheet, only at a quarterly earn- ourselves if we are smart enough. Are ingly (at 7 o’clock and 44 minutes ings statement—maybe the longest we smart enough? There are 435 of us p.m.), under its previous order, the term that they look at it is an annual facing a myriad of questions around House adjourned until tomorrow, financial report—and wouldn’t consider this world and some of them in our own Wednesday, February 3, 2016, at 10 a.m. the fact that the result wouldh be to hometowns. Are we smart enough? for morning-hour debate. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the fourth quar- ter of 2015, pursuant to Public Law 95–384, are as follows:

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

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. TOM PRICE, Chairman, Jan. 5, 2016.

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

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. CHARLES W. DENT, Chairman, Jan. 11, 2016.

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

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

Hon. Bob Goodlatte ...... 10/9 10/19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. Hon. Hank Johnson...... 10 /9 10 /19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. Hon. Sheila Jackson Lee ...... 10/9 10/19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. Shelley Husband...... 10/9 10/19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. Joe Keeley ...... 10/9 10/19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. Stephanie Gadbois ...... 10 /9 10 /19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. Peter Larkin...... 10 /9 10 /19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. John Manning...... 10/9 10/19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. James Park...... 10/9 10/19 Vietnam, Singapore, Malaysia, Phil- ...... 644.00 ...... (3) ...... 1,269.00 ...... 1,913.00 ippines. Hon. Steve King ...... 11 /5 11 /13 Serbia, Iraq, Turkey, Sweden, Hungary ...... 696.00 ...... 15,485.60 ...... 1,177.45 ...... 17,359.05 Hon. Bob Goodlatte ...... 10/24 10 /25 Haiti ...... 111.00 ...... 938.43 ...... 150.00 ...... 1,199.43 Hon. John Conyers ...... 10 /24 10/26 Haiti ...... 222.00 ...... 770.10 ...... 300.00 ...... 1,292.10 Tracy Short ...... 10/24 10 /26 Haiti ...... 222.00 ...... 770.10 ...... 300.00 ...... 1,292.10 Lindsay Yates ...... 10/24 10/26 Haiti ...... 222.00 ...... 735.10 ...... 300.00 ...... 1,257.10 Keenan Keller ...... 10/24 10/26 Haiti ...... 222.00 ...... 770.10 ...... 300.00 ...... 1,292.10

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 8634 E:\CR\FM\K02FE7.098 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H493 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2015— Continued

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

Cynthia Martin ...... 10/24 10/26 Haiti ...... 222.00 ...... 770.10 ...... 300.00 ...... 1,292.10 Committee total ...... 7,713.00 ...... 20,239.53 ...... 14,248.45 ...... 42,200.98 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. BOB GOODLATTE, Chairman, Jan. 22, 2016.

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

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. ROB BISHOP, Chairman, Jan. 7. 2016.

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

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. LAMAR SMITH, Chairman, Jan. 6, 2016.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2015

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h SEN. ORRIN G. HATCH, Chairman, Jan. 12, 2016.

EXECUTIVE COMMUNICATIONS, ardship End Result Contracting Projects 4170. A letter from the PRAO Branch Chief, ETC. (RIN: 0596-AD25) received January 28, 2016, Food and Nutrition Service, Department of pursuant to 5 U.S.C. 801(a)(1)(A); Added by Agriculture, transmitting the Department’s Under clause 2 of rule XIV, executive Public Law 104-121, Sec. 251; (110 Stat. 868); to final rule — Supplemental Nutrition Assist- communications were taken from the the Committee on Agriculture. ance Program: Review of Major Changes in Speaker’s table and referred as follows: 4167. A letter from the Acting Secretary of Program Design and Management Evalua- 4164. A letter from the Congressional Re- the Army, Department of Defense, transmit- tion Systems [FNS-2011-0035] (RIN: 0584- view Coordinator, Animal and Plant Health ting the Army’s report on gifts made for the AD86) received January 27, 2016, pursuant to Inspection Service, Department of Agri- benefit of U.S. Military Academy Army Band 5 U.S.C. 801(a)(1)(A); Added by Public Law culture, transmitting the Department’s di- for FY 2015, pursuant to 10 U.S.C. 974(d)(3); 104-121, Sec. 251; (110 Stat. 868); to the Com- 113-66, Sec. 351; (127 Stat. 741); to the Com- rect final rule — Black Stem Rust; Additions mittee on Education and the Workforce. of Rust-Resistant Species and Varieties mittee on Armed Services. [Docket No.: APHIS-2015-0079] received Janu- 4168. A letter from the Director, Office of 4171. A letter from the General Counsel, ary 28, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Financial Research, Department of the Pension Benefit Guaranty Corporation, Added by Public Law 104-121, Sec. 251; (110 Treasury, transmitting the Office’s 2015 An- transmitting the Corporation’s final rule — Stat. 868); to the Committee on Agriculture. nual Report to Congress, pursuant to 12 Allocation of Assets in Single-Employer 4165. A letter from the Congressional Re- U.S.C. 5344(d); Public Law 111-203, Sec. 154(d); Plans; Interest Assumptions for Valuing view Coordinator, Animal and Plant Health (124 Stat. 1418); to the Committee on Finan- Benefits received January 27, 2016, pursuant Inspection Service, Department of Agri- cial Services. to 5 U.S.C. 801(a)(1)(A); Added by Public Law culture, transmitting the Department’s affir- 4169. A letter from the Associate General 104-121, Sec. 251; (110 Stat. 868); to the Com- mation of interim final rule — Lacey Act Im- Counsel for Legislation and Regulations, Of- mittee on Education and the Workforce. plementation Plan; Definitions for Exempt fice of the Deputy Secretary, Department of and Regulated Articles [Docket No.: APHIS- Housing and Urban Development, transmit- 4172. A letter from the General Counsel, 2009-0018] (RIN: 0579-AD11) received January ting the Department’s final rule — Federal Pension Benefit Guaranty Corporation, 28, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Housing Administration (FHA): Removal of transmitting the Corporation’s final rule — Added by Public Law 104-121, Sec. 251; (110 24 CFR 280--Nehemiah Housing Opportunity Partitions of Eligible Multiemployer Plans Stat. 868); to the Committee on Agriculture. Grants Program [Docket No.: FR-5878-F-01] (RIN: 1212-AB29) received January 27, 2016, 4166. A letter from the Management and (RIN: 2502-AJ31) received January 27, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Program Analyst, ORMS, D & R, Forest pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law 104-121, Sec. 251; (110 Stat. 868); to Service, Department of Agriculture, trans- Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on Education and the Work- mitting the Department’s final rule — Stew- the Committee on Financial Services. force.

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A02FE7.049 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H494 CONGRESSIONAL RECORD — HOUSE February 2, 2016 4173. A letter from the Assistant General tion, International Maritime Organization Committee on Transportation and Infra- Counsel for Legislation, Regulation and En- Numbering Scheme [Docket No.: 150902807- structure. ergy Efficiency, Office of Energy Efficiency 5999-02] (RIN: 0648-BE99) received January 29, 4190. A letter from the Management and and Renewable Energy, Department of En- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added Program Analyst, FAA, Department of ergy, transmitting the Department’s final by Public Law 104-121, Sec. 251; (110 Stat. Transportation, transmitting the Depart- rule — Energy Conservation Program: Test 868); to the Committee on Natural Resources. ment’s final rule — Airworthiness Direc- Procedure for Pumps [Docket No.: EERE- 4182. A letter from the Deputy Assistant tives; Alpha Aviation Concept Limited Air- 2013-BT-TP-0055] (RIN: 1905-AD50) received Administrator for Regulatory Programs, planes [Docket No.: FAA-2015-3956; Direc- January 27, 2016, pursuant to 5 U.S.C. NMFS, Office of Sustainable Fisheries, Na- torate Identifier 2015-CE-032-AD; Amendment 801(a)(1)(A); Added by Public Law 104-121, tional Oceanic and Atmospheric Administra- 39-18345; AD 2015-25-07] (RIN: 2120-AA64) re- Sec. 251; (110 Stat. 868); to the Committee on tion, transmitting the Administration’s final ceived January 27, 2016, pursuant to 5 U.S.C. Energy and Commerce. rule — Fisheries Off West Coast States; Pa- 801(a)(1)(A); Added by Public Law 104-121, 4174. A letter from the Deputy Director, cific Coast Groundfish Fishery; Seabird Sec. 251; (110 Stat. 868); to the Committee on ODRM, Department of Health and Human Avoidance Measures [Docket No.: 140214140- Transportation and Infrastructure. Services, transmitting the Department’s 5999-01] (RIN: 0648-BD92) received January 27, 4191. A letter from the Management and final rule — Medical Examination of Aliens 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added Program Analyst, FAA, Department of —— Revisions to Medical Screening Process by Public Law 104-121, Sec. 251; (110 Stat. Transportation, transmitting the Depart- [Docket No.: CDC-2015-0045] (RIN: 0920-AA28) 868); to the Committee on Natural Resources. ment’s final rule — Airworthiness Direc- received January 27, 2016, pursuant to 5 4183. A letter from the Secretary, Federal tives; Airbus Helicopters [Docket No.: FAA- U.S.C. 801(a)(1)(A); Added by Public Law 104- Trade Commission, transmitting the Com- 2015-2714; Directorate Identifier 2014-SW-052- 121, Sec. 251; (110 Stat. 868); to the Committee mission’s Report to Congress on the Pan- AD; Amendment 39-18349; AD 2015-26-01] (RIN: on Energy and Commerce. demic and All-Hazards Preparedness Act’s 2120-AA64) received January 27, 2016, pursu- 4175. A letter from the Chief Counsel, Na- usage of the Act’s Antitrust Laws Exemp- ant to 5 U.S.C. 801(a)(1)(A); Added by Public tional Telecommunications and Information tion, pursuant to 42 U.S.C. 247d-6a note; Pub- Law 104-121, Sec. 251; (110 Stat. 868); to the Administration, Department of Commerce, lic Law 109-417, Sec. 405(a)(8); (120 Stat. 2877); Committee on Transportation and Infra- transmitting the Department’s final rule — to the Committee on the Judiciary. structure. Amendments to 47 CFR Part 301 to Imple- 4184. A letter from the Chair, United States 4192. A letter from the Management and ment Certain Provisions of the Spectrum Sentencing Commission, transmitting the Program Analyst, FAA, Department of Pipeline Act [Docket No.: 160108022-6022-01] Commission’s amendment to the federal sen- Transportation, transmitting the Depart- (RIN: 0660-AA31) received January 27, 2016, tencing guidelines, policy statements, and ment’s final rule — Airworthiness Direc- pursuant to 5 U.S.C. 801(a)(1)(A); Added by official commentary, together with the rea- tives; Bombardier, Inc. Airplanes [Docket Public Law 104-121, Sec. 251; (110 Stat. 868); to son for amendment, pursuant to 28 U.S.C. No.: FAA-2015-1199; Directorate Identifier the Committee on Energy and Commerce. 994(o); to the Committee on the Judiciary. 2014-NM-008-AD; Amendment 39-18351; AD 4176. A letter from the Secretary, Depart- 4185. A letter from the Management and 2015-26-03] (RIN: 2120-AA64) received January ment of Commerce, transmitting a report Program Analyst, FAA, Department of 27, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); certifying that the export of the listed items Transportation, transmitting the Depart- Added by Public Law 104-121, Sec. 251; (110 to the People’s Republic of China is not det- ment’s final rule — Prohibition Against Cer- Stat. 868); to the Committee on Transpor- rimental to the U.S. space launch industry, tain Flights in Specified Areas of the Sanaa tation and Infrastructure. pursuant to 22 U.S.C. 2778 note; Public Law (OYSC) Flight Information Region (FIR) 4193. A letter from the Management and 105-261, Sec. 1512 (as amended by Public Law [Docket No.: FAA-2015-8672; Amdt. No.: 91- Program Analyst, FAA, Department of 105-277, Sec. 146); (112 Stat. 2174); to the Com- 340] (RIN: 2120-AK72) received January 27, Transportation, transmitting the Depart- mittee on Foreign Affairs. 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added ment’s final rule — Airworthiness Direc- 4177. A letter from the Secretary, Depart- by Public Law 104-121, Sec. 251; (110 Stat. tives; Airbus Airplanes [Docket No.: FAA- ment of the Treasury, transmitting a six- 868); to the Committee on Transportation 2015-0076; Directorate Identifier 2013-NM-246- month periodic report on the national emer- and Infrastructure. AD; Amendment 39-18350; AD 2015-26-02] (RIN: gency with respect to transnational criminal 4186. A letter from the Management and 2120-AA64) received January 27, 2016, pursu- organizations that was declared in Executive Program Analyst, FAA, Department of ant to 5 U.S.C. 801(a)(1)(A); Added by Public Order 13581 of July 24, 2011, pursuant to 50 Transportation, transmitting the Depart- Law 104-121, Sec. 251; (110 Stat. 868); to the U.S.C. 1641(c); Public Law 94-412, Sec. 401(c); ment’s final rule — Prohibition Against Cer- Committee on Transportation and Infra- (90 Stat. 1257) and 50 U.S.C. 1703(c); Public tain Flights in the Territory and Airspace of structure. Law 95-223, Sec 204(c); (91 Stat. 1627); to the Somalia [Docket No.: FAA-2007-27602; Amdt. 4194. A letter from the Management and Committee on Foreign Affairs. No.: 91-339] (RIN: 2120-AK75) received Janu- Program Analyst, FAA, Department of 4178. A letter from the Secretary, Depart- ary 27, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Transportation, transmitting the Depart- ment of Commerce, transmitting the Depart- Added by Public Law 104-121, Sec. 251; (110 ment’s final rule — Airworthiness Direc- ment’s 2016 Report to Congress on Foreign Stat. 868); to the Committee on Transpor- tives; Airbus Airplanes [Docket No.: FAA- Policy-Based Export Controls, pursuant to 50 tation and Infrastructure. 2015-0083; Directorate Identifier 2014-NM-131- U.S.C. app. 4605(f)(2); Public Law 96-72, Sec. 4187. A letter from the Management and AD; Amendment 39-18347; AD 2015-25-09] (RIN: 6(f)(2) (as amended by Public Law 99-64, Sec. Program Analyst, FAA, Department of 2120-AA64) received January 27, 2016, pursu- 108(e)); (99 Stat. 133); to the Committee on Transportation, transmitting the Depart- ant to 5 U.S.C. 801(a)(1)(A); Added by Public Foreign Affairs. ment’s final rule — Establishment of Class E Law 104-121, Sec. 251; (110 Stat. 868); to the 4179. A letter from the Executive Director, Airspace; Los Angeles, CA [Docket No.: FAA- Committee on Transportation and Infra- Mississippi River Commission, Department 2015-1139; Airspace Docket No.: 15-AWP-4] re- structure. of the Army, Department of Defense, trans- ceived January 27, 2016, pursuant to 5 U.S.C. 4195. A letter from the Senior Regulations mitting the Department’s Annual Report for 801(a)(1)(A); Added by Public Law 104-121, Analyst, Federal Motor Carrier Safety Ad- the Mississippi River Commission for cal- Sec. 251; (110 Stat. 868); to the Committee on ministration, MC-PRR, Department of endar year 2015, pursuant to 5 U.S.C. 552b(j); Transportation and Infrastructure. Transportation, transmitting the Depart- Public Law 94-409, Sec. 3(a); (90 Stat. 1241); to 4188. A letter from the Management and ment’s final rule — Electronic Logging De- the Committee on Oversight and Govern- Program Analyst, FAA, Department of vices and Hours of Service Supporting Docu- ment Reform. Transportation, transmitting the Depart- ments [Docket No.: FMCSA-2010-0167] (RIN: 4180. A letter from the Assistant Adminis- ment’s final rule — Airworthiness Direc- 2126-AB20) received January 28, 2016, pursu- trator for Fisheries, NMFS, Office of Sus- tives; Sikorsky Aircraft Corporation Heli- ant to 5 U.S.C. 801(a)(1)(A); Added by Public tainable Fisheries, National Oceanic and At- copters [Docket No.: FAA-2014-0335; Direc- Law 104-121, Sec. 251; (110 Stat. 868); to the mospheric Administration, transmitting the torate Identifier 2013-SW-021-AD; Amend- Committee on Transportation and Infra- Administration’s final rule — Establish a ment 39-18358; AD 2015-26-10] (RIN: 2120-AA64) structure. Single Small Business Size Standard for received January 27, 2016, pursuant to 5 4196. A letter from the Deputy Director, Commercial Fishing Businesses [Docket No.: U.S.C. 801(a)(1)(A); Added by Public Law 104- ODRM, Department of Health and Human 150227193-5999-02] (RIN: 0648-BE92) received 121, Sec. 251; (110 Stat. 868); to the Committee Services, transmitting the Department’s January 29, 2016, pursuant to 5 U.S.C. on Transportation and Infrastructure. final rule — Temporary Assistance for Needy 801(a)(1)(A); Added by Public Law 104-121, 4189. A letter from the Management and Families (TANF) Program, State Reporting Sec. 251; (110 Stat. 868); to the Committee on Program Analyst, FAA, Department of On Policies and Practices To Prevent Use of Natural Resources. Transportation, transmitting the Depart- TANF Funds in Electronic Benefit Transfer 4181. A letter from the Deputy Assistant ment’s final rule — Airworthiness Direc- Transactions in Specified Locations (RIN: Administrator for Regulatory Programs, tives; Airbus Airplanes [Docket No.: FAA- 0970-AC56) received January 27, 2016, pursu- NMFS, Office of Sustainable Fisheries, Na- 2014-0648; Directorate Identifier 2013-NM-136- ant to 5 U.S.C. 801(a)(1)(A); Added by Public tional Oceanic and Atmospheric Administra- AD; Amendment 39-18344; AD 2015-25-06] (RIN: Law 104-121, Sec. 251; (110 Stat. 868); to the tion, transmitting the Administration’s final 2120-AA64) received January 27, 2016, pursu- Committee on Ways and Means. rule — International Fisheries; Pacific Tuna ant to 5 U.S.C. 801(a)(1)(A); Added by Public 4197. A letter from the Chief, Publications Fisheries; Vessel Register Required Informa- Law 104-121, Sec. 251; (110 Stat. 868); to the and Regulations Branch, Internal Revenue

VerDate Sep 11 2014 04:43 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\L02FE7.000 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE February 2, 2016 CONGRESSIONAL RECORD — HOUSE H495 Service, transmitting the Service’s IRB only sideration of the bill (H.R. 1675) to direct the employees of air carriers to combat human rule — Revenue Procedure: Update of CC: Securities and Exchange Commission to re- trafficking, and for other purposes; to the International No-Rule Revenue Procedure vise its rules so as to increase the threshold Committee on Transportation and Infra- 2015-7 (Rev. Proc. 2016-7) received January 27, amount for requiring issuers to provide cer- structure, and in addition to the Committee 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added tain disclosures relating to compensatory on the Judiciary, for a period to be subse- by Public Law 104-121, Sec. 251; (110 Stat. benefit plans, and providing for consider- quently determined by the Speaker, in each 868); to the Committee on Ways and Means. ation of the bill (H.R. 766) to provide require- case for consideration of such provisions as 4198. A letter from the Chief, Publications ments for the appropriate Federal banking fall within the jurisdiction of the committee and Regulations Branch, Internal Revenue agencies when requesting or ordering a de- concerned. Service, transmitting the Service’s IRB only pository institution to terminate a specific By Mr. BLUMENAUER: rule — Revenue Procedure 2016-6 (Rev. Proc. customer account, to provide for additional H.R. 4431. A bill to direct the Attorney 2016-6) received January 27, 2016, pursuant to requirements related to subpoenas issued General to reimburse State and local law en- 5 U.S.C. 801(a)(1)(A); Added by Public Law under the Financial Institutions Reform, Re- forcement agencies for costs incurred in car- 104-121, Sec. 251; (110 Stat. 868); to the Com- covery, and Enforcement Act of 1989, and for rying out law enforcement activities associ- mittee on Ways and Means. other purposes (Rept. 114–414). Referred to ated with the armed occupation of the 4199. A letter from the Chief, Publications the House Calendar. Malheur National Wildlife Refuge, and for and Regulations Branch, Internal Revenue f other purposes; to the Committee on the Ju- Service, transmitting the Service’s IRB only diciary. rule — Revenue Procedure 2016-4 (Rev. Proc. PUBLIC BILLS AND RESOLUTIONS By Mr. BLUMENAUER: 2016-4) received January 27, 2016, pursuant to H.R. 4432. A bill to establish an interim 5 U.S.C. 801(a)(1)(A); Added by Public Law Under clause 2 of rule XII, public rule for the operation of small unmanned 104-121, Sec. 251; (110 Stat. 868); to the Com- bills and resolutions of the following aircraft for commercial purposes, and for mittee on Ways and Means. titles were introduced and severally re- other purposes; to the Committee on Trans- 4200. A letter from the Administrator, ferred, as follows: portation and Infrastructure, and in addition Transportation Security Administration, De- By Mr. EMMER of Minnesota (for him- to the Committee on Science, Space, and partment of Homeland Security, transmit- self, Mr. WALZ, Mr. KLINE, Mr. PAUL- Technology, for a period to be subsequently ting the Administration’s certification that SEN, Ms. MCCOLLUM, Mr. ELLISON, Mr. determined by the Speaker, in each case for the level of screening services and protection PETERSON, and Mr. NOLAN): consideration of such provisions as fall with- services at the Punta Gorda Airport in Flor- H.R. 4425. A bill to designate the facility of in the jurisdiction of the committee con- ida will be equal to or greater than the level the United States Postal Service located at cerned. that would be provided at the airport by TSA 110 East Powerhouse Road in Collegeville, By Ms. DUCKWORTH (for herself, Mr. Transportation Security Officers, pursuant Minnesota, as the ‘‘Eugene J. McCarthy Post BERA, Mr. GARAMENDI, Mr. HONDA, to 49 U.S.C. 44920(d)(1); Public Law 107-71, Office’’; to the Committee on Oversight and Mr. KEATING, Ms. LEE, Ms. NORTON, Sec. 108(a); (115 Stat. 613); to the Committee Government Reform. Mr. POCAN, Mr. RUSH, Mr. RYAN of on Homeland Security. By Mr. MEADOWS: Ohio, Mr. TAKAI, Mr. TONKO, Mr. VAN 4201. A letter from the Deputy Director, H.R. 4426. A bill to expand school choice in HOLLEN, Mr. CONYERS, and Mr. ODRM, Department of Health and Human the District of Columbia; to the Committee MCDERMOTT): Services, transmitting the Department’s on Oversight and Government Reform. H.R. 4433. A bill to amend the Higher Edu- Major final rule — Medicaid Program; Cov- By Mr. POMPEO (for himself, Mr. HUD- cation Act of 1965 to increase the income ered Outpatient Drugs [CMS-2345-FC] (RIN: SON, and Mr. MULLIN): protection allowances; to the Committee on 0938-AQ41) received January 27, 2016, pursu- H.R. 4427. A bill to amend section 203 of the Education and the Workforce. ant to 5 U.S.C. 801(a)(1)(A); Added by Public Federal Power Act; to the Committee on En- By Mr. GIBSON (for himself, Mr. Law 104-121, Sec. 251; (110 Stat. 868); jointly ergy and Commerce. ENGEL, Mr. TONKO, and Mr. COLLINS to the Committees on Energy and Commerce By Mrs. BLACK (for herself, Ms. SE- of New York): and Ways and Means. WELL of Alabama, Mr. ROE of Ten- H.R. 4434. A bill to extend the deadline for 4202. A letter from the Deputy Director, nessee, Mr. DUNCAN of Tennessee, Mr. commencement of construction of a hydro- ODRM, Department of Health and Human FLEISCHMANN, Mr. DESJARLAIS, Mr. electric project; to the Committee on Energy Services, transmitting the Department’s COOPER, Mrs. BLACKBURN, Mr. and Commerce. Major final rule — Medicaid Program; Face- FINCHER, Mr. COHEN, Mr. BYRNE, Mrs. By Mr. GENE GREEN of Texas (for to-Face Requirements for Home Health Serv- ROBY, Mr. ROGERS of Alabama, Mr. himself, Ms. DEGETTE, Mr. KENNEDY, ices; Policy Changes and Clarifications Re- ADERHOLT, Mr. BROOKS of Alabama, Ms. MATSUI, Mr. TONKO, and Mr. lated to Home Health [CMS-2348-F] (RIN: Mr. DAVID SCOTT of Georgia, Mr. LOEBSACK): 0938-AQ36) received January 28, 2016, pursu- GRIFFITH, Mr. WESTERMAN, Mr. H.R. 4435. A bill to improve access to men- ant to 5 U.S.C. 801(a)(1)(A); Added by Public CRAWFORD, Mr. HILL, Mr. WOMACK, tal health and substance use disorder preven- Law 104-121, Sec. 251; (110 Stat. 868); jointly Mr. BISHOP of Georgia, Mr. PALMER, tion, treatment, crisis, and recovery serv- to the Committees on Ways and Means and Mr. VELA, Mr. WHITFIELD, Mr. HAR- ices; to the Committee on Energy and Com- Energy and Commerce. PER, Mr. BOUSTANY, Mr. RICHMOND, merce, and in addition to the Committees on f Mr. ALLEN, Mr. GUTHRIE, Mr. CARTER the Judiciary, Ways and Means, Education of Georgia, and Mr. HINOJOSA): and the Workforce, and Natural Resources, REPORTS OF COMMITTEES ON H.R. 4428. A bill to amend title XVIII of the for a period to be subsequently determined PUBLIC BILLS AND RESOLUTIONS Social Security Act to ensure fairness in by the Speaker, in each case for consider- Under clause 2 of rule XIII, reports of Medicare hospital payments by establishing ation of such provisions as fall within the ju- risdiction of the committee concerned. committees were delivered to the Clerk a floor for the area wage index applied with respect to certain hospitals; to the Com- By Mr. HASTINGS (for himself, Mr. for printing and reference to the proper mittee on Ways and Means, and in addition DIAZ-BALART, and Mr. CLAWSON of calendar, as follows: to the Committee on Energy and Commerce, Florida): Mr. SMITH of Texas: Committee on for a period to be subsequently determined H.R. 4436. A bill to amend the Water Re- Science, Space, and Technology. H.R. 3293. A by the Speaker, in each case for consider- sources Development Act of 2000 to provide bill to provide for greater accountability in ation of such provisions as fall within the ju- for expedited project implementation relat- Federal funding for scientific research, to risdiction of the committee concerned. ing to the comprehensive Everglades restora- promote the progress of science in the By Mr. KNIGHT: tion plan; to the Committee on Transpor- United States that serves that national in- H.R. 4429. A bill to amend title 49, United tation and Infrastructure. terest (Rept. 114–412). Referred to the Com- States Code, to direct the Secretary of By Mr. MILLER of Florida (for himself mittee of the Whole House on the state of Transportation to issue minimum uniform and Ms. BROWN of Florida): the Union. safety standards for underground natural gas H.R. 4437. A bill to extend the deadline for Mr. UPTON: Committee on Energy and storage facilities, and for other purposes; to the submittal of the final report required by Commerce. H.R. 2017. A bill to amend the the Committee on Transportation and Infra- the Commission on Care; to the Committee Federal Food, Drug, and Cosmetic Act to im- structure, and in addition to the Committee on Veterans’ Affairs. prove and clarify certain disclosure require- on Energy and Commerce, for a period to be By Mrs. MILLER of Michigan: ments for restaurants and similar retail food subsequently determined by the Speaker, in H.R. 4438. A bill making emergency supple- establishments, and to amend the authority each case for consideration of such provi- mental appropriations to the Environmental to bring proceedings under section 403A; with sions as fall within the jurisdiction of the Protection Agency to assist the State of an amendment (Rept. 114–413). Referred to committee concerned. Michigan and its residents impacted by the the Committee of the Whole House on the By Ms. TITUS (for herself, Mrs. COM- contaminated water crisis; to the Committee state of the Union. STOCK, Ms. HAHN, and Mr. HUFFMAN): on Appropriations, and in addition to the Mr. STIVERS: Committee on Rules. House H.R. 4430. A bill to amend title 49, United Committee on the Budget, for a period to be Resolution 595. Resolution providing for con- States Code, to include training for certain subsequently determined by the Speaker, in

VerDate Sep 11 2014 06:01 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\L02FE7.000 H02FEPT1 emcdonald on DSK3SPTVN1PROD with HOUSE H496 CONGRESSIONAL RECORD — HOUSE February 2, 2016 each case for consideration of such provi- CONSTITUTIONAL AUTHORITY Article I, Section 8 sions as fall within the jurisdiction of the STATEMENT By Mr. MILLER of Florida: committee concerned. H.R. 4437. By Ms. NORTON: Pursuant to clause 7 of rule XII of Congress has the power to enact this legis- H.R. 4439. A bill to amend title 40, United the Rules of the House of Representa- lation pursuant to the following: States Code, to require that certain public tives, the following statements are sub- Article 1, Section 8 of the United States buildings contain a lactation room for public mitted regarding the specific powers Constitution. use, and for other purposes; to the Com- granted to Congress in the Constitu- By Mrs. MILLER of Michigan: mittee on Transportation and Infrastruc- H.R. 4438. ture. tion to enact the accompanying bill or joint resolution. Congress has the power to enact this legis- By Mr. POMPEO: lation pursuant to the following: H.R. 4440. A bill to amend the Act entitled By Mr. EMMER of Minnesota: Article I, section 9, clause 7 and Article I, ‘‘An Act to provide for the construction of H.R. 4425. section 8 of the Constitution of the United the Cheney division, Wichita Federal rec- Congress has the power to enact this legis- States. lamation project, Kansas, and for other lation pursuant to the following: By Ms. NORTON: purposes‘‘ to extend the authority of the This bill is enacted pursuant to the power H.R. 4439. Secretary of the Interior to carry out the granted to Congress in Article I, Section 8, Congress has the power to enact this legis- Equus Beds Division of the Wichita Project; Clause 7: ‘‘The Congress shall have Power lation pursuant to the following: to the Committee on Natural Resources. . . . To establish Post Offices and post clause 18 of section 8 of article I of the By Mr. AL GREEN of Texas (for him- roads’’ Constitution. self, Ms. ADAMS, Ms. BASS, Mr. By Mr. MEADOWS: By Mr. POMPEO: BISHOP of Georgia, Mr. CARSON of In- H.R. 4426. H.R. 4440. diana, Mr. FATTAH, Ms. FUDGE, Ms. Congress has the power to enact this legis- Congress has the power to enact this legis- JACKSON LEE, Mr. JEFFRIES, Ms. lation pursuant to the following: lation pursuant to the following: EDDIE BERNICE JOHNSON of Texas, Mr. Article I, Section 8, Clause 3 of the United Article I, Section 8, Clause 1 LEWIS, Mr. MEEKS, Ms. MOORE, Mr. States Constitution. RANGEL, Mr. RUSH, Mr. SCOTT of Vir- By Mr. POMPEO: f ginia, Ms. WILSON of Florida, Mr. H.R. 4427. BUTTERFIELD, Ms. CLARKE of New Congress has the power to enact this legis- ADDITIONAL SPONSORS York, Ms. LEE, Ms. MAXINE WATERS lation pursuant to the following: Under clause 7 of rule XII, sponsors Article I, Section 8, Clause 3 of California, Ms. BROWN of Florida, were added to public bills and resolu- and Mr. DANNY K. DAVIS of Illinois): By Mrs. BLACK: H. Con. Res. 110. Concurrent resolution H.R. 4428. tions, as follows: honoring and praising the National Associa- Congress has the power to enact this legis- H.R. 27: Mr. GOHMERT. tion for the Advancement of Colored People lation pursuant to the following: H.R. 188: Mr. CUMMINGS, Mr. GRAYSON, Mrs. on the occasion of its 107th anniversary; to United States Constitution Article I Sec- NAPOLITANO, and Ms. VELA´ ZQUEZ. the Committee on the Judiciary. tion 8 H.R. 267: Mr. ELLISON. By Mr. MEEHAN (for himself, Mr. By Mr. KNIGHT: H.R. 317: Mr. HINOJOSA. ISRAEL, and Mr. DEUTCH): H.R. 4429. H.R. 546: Mr. HIMES, Mrs. ELLMERS of H. Con. Res. 111. Concurrent resolution au- Congress has the power to enact this legis- North Carolina, Mr. LAHOOD, and Mr. BOST. thorizing the use of Emancipation Hall in lation pursuant to the following: H.R. 556: Mr. CRAMER. the Capitol Visitor Center for a ceremony as Article 1, Section 8, Clause 3 H.R. 592: Mr. COOK and Mr. MICA. part of the commemoration of the days of re- By Ms. TITUS: H.R. 624: Mr. DEFAZIO. membrance of victims of the Holocaust; to H.R. 4430. H.R. 711: Mr. SHUSTER, Mr. HASTINGS, Mrs. the Committee on House Administration. Congress has the power to enact this legis- COMSTOCK, Mr. YOUNG of Iowa, and Mrs. By Mr. BRADY of Pennsylvania: lation pursuant to the following: BLACK. H. Res. 596. A resolution recognizing the Amendment XIII H.R. 775: Mr. COFFMAN, Mr. HANNA, Mr. 146th anniversary of the ratification of the Section 1, ‘‘Neither slavery nor involun- HUNTER, Ms. ROYBAL-ALLARD, and Mr. 15th amendment to the Constitution of the tary servitude, except as punishment for CRAMER. United States; to the Committee on the Ju- crime whereof the party shall have been duly H.R. 812: Mr. NEWHOUSE. diciary. convicted, shall exist within the United H.R. 814: Mr. DENT, Mr. FRANKS of Arizona, By Mr. AL GREEN of Texas (for him- States, or any place subject to their jurisdic- and Mr. MICA. self, Ms. ADAMS, Ms. BASS, Mr. tion.’’ H.R. 842: Mr. CICILLINE. BISHOP of Georgia, Mr. CARSON of In- Section 2, ‘‘Congress shall have power to H.R. 846: Mr. ASHFORD. diana, Mr. FATTAH, Ms. FUDGE, Ms. enforce this article by appropriate legisla- H.R. 868: Ms. MCSALLY. JACKSON LEE, Mr. JEFFRIES, Ms. tion.’’ H.R. 911: Mr. RIBBLE. EDDIE BERNICE JOHNSON of Texas, Mr. By Mr. BLUMENAUER: H.R. 921: Mr. SIRES, Mr. LAMBORN, Mrs. LEWIS, Mr. MEEKS, Ms. MOORE, Mr. H.R. 4431. NAPOLITANO, and Mr. LATTA. RANGEL, Mr. RUSH, Mr. SCOTT of Vir- Congress has the power to enact this legis- H.R. 939: Ms. MOORE, Mr. POCAN, Mr. ginia, Ms. WILSON of Florida, Mr. lation pursuant to the following: HONDA, and Mr. RANGEL. BUTTERFIELD, Ms. CLARKE of New Article I, Section 8, Clause 1 H.R. 973: Mr. KINZINGER of Illinois. York, Ms. LEE, Ms. MAXINE WATERS By Mr. BLUMENAUER: H.R. 997: Mr. TIBERI. of California, Ms. BROWN of Florida, H.R. 4432. H.R. 1062: Mr. BRIDENSTINE, Mr. MARINO, and Mr. DANNY K. DAVIS of Illinois): Congress has the power to enact this legis- and Mr. PALAZZO. H. Res. 597. A resolution recognizing the lation pursuant to the following: significance of Black History Month; to the Article I, Section 8, Clause 3 of the U.S. H.R. 1086: Mr. COLLINS of New York. Committee on Education and the Workforce. Constitution (the ‘‘Commerce Clause’’) H.R. 1209: Mr. JEFFRIES. By Mr. RYAN of Ohio: By Ms. DUCKWORTH: H.R. 1218: Mr. QUIGLEY. H. Res. 598. A resolution congratulating H.R. 4433. H.R. 1221: Ms. NORTON. the University of Mount Union football team Congress has the power to enact this legis- H.R. 1233: Mrs. ELLMERS of North Carolina for winning the 2015 National Collegiate Ath- lation pursuant to the following: and Mr. MEADOWS. letic Association Division III Football Cham- Article I, Section 8, Clause 3 of the United H.R. 1258: Ms. BROWN of Florida. pionship; to the Committee on Education States Constitution H.R. 1343: Mr. SCHIFF. and the Workforce. By Mr. GIBSON: H.R. 1397: Mr. CARTER of Georgia. By Ms. WILSON of Florida (for herself, H.R. 4434. H.R. 1399: Ms. TITUS. Ms. ADAMS, Mr. CA´ RDENAS, Mr. CAR- Congress has the power to enact this legis- H.R. 1459: Ms. EDWARDS. SON of Indiana, Ms. CLARK of Massa- lation pursuant to the following: H.R. 1475: Mr. BYRNE, Mr. NEAL, and Mrs. chusetts, Ms. CLARKE of New York, Article 1, Section 8, Clause 18 of the United CAPPS. Mr. CONYERS, Mr. DANNY K. DAVIS of States Constitution H.R. 1486: Mr. YOHO, Mr. ROHRABACHER, Mr. Illinois, Mr. DESAULNIER, Mr. By Mr. GENE GREEN of Texas: RIBBLE, Mr. RICE of South Carolina, Mrs. FATTAH, Ms. FUDGE, Mr. GRIJALVA, H.R. 4435. LOVE, Mr. THOMPSON of Pennsylvania, Mr. Mr. HONDA, Ms. JACKSON LEE, Mr. Congress has the power to enact this legis- WALDEN, Mr. EMMER of Minnesota, Mr. TOM LARSEN of Washington, Ms. LEE, Ms. lation pursuant to the following: PRICE of Georgia, Mr. ROKITA, Mr. KELLY of NORTON, Mr. POCAN, Mr. RANGEL, Mr. Article I, Section 8, Clause 1 of the Con- Pennsylvania, Mrs. WALORSKI, Mr. HURT of SCHIFF, and Mr. VAN HOLLEN): stitution. Virginia, and Mr. GRAVES of Louisiana. H. Res. 599. A resolution recognizing Janu- By Mr. HASTINGS: H.R. 1492: Mr. GRIJALVA and Ms. CLARKE of ary 2016 as ‘‘National Mentoring Month’’, H.R. 4436. New York. and for other purposes; to the Committee on Congress has the power to enact this legis- H.R. 1550: Mrs. KIRKPATRICK. Education and the Workforce. lation pursuant to the following: H.R. 1552: Mr. ISRAEL.

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H.R. 1572: Mr. FLEMING. H.R. 3053: Mr. HARRIS. H.R. 4300: Mr. SANFORD. H.R. 1594: Ms. JACKSON LEE. H.R. 3099: Mr. BRADY of Pennsylvania and H.R. 4313: Mr. FRANKS of Arizona. H.R. 1769: Ms. LORETTA SANCHEZ of Cali- Miss RICE of New York. H.R. 4336: Mr. LUETKEMEYER, Mrs. KIRK- fornia, Ms. WASSERMAN SCHULTZ, Mr. JOHN- H.R. 3159: Mr. KING of New York. PATRICK, Mr. KLINE, Mr. HULTGREN, and Mr. SON of Georgia, Ms. SPEIER, Mr. PASCRELL, H.R. 3209: Mr. HASTINGS. BABIN. Mr. CA´ RDENAS, Ms. MICHELLE LUJAN GRISHAM H.R. 3229: Ms. MCSALLY. H.R. 4362: Mr. BRAT. of New Mexico, Mr. DOGGETT, Mr. H.R. 3289: Mr. HUFFMAN. H.R. 4365: Mr. BLUMENAUER. H.R. 3299: Mr. HASTINGS and Mr. KINZINGER LOWENTHAL, and Mr. SIRES. H.R. 4371: Mr. GOSAR, Mr. DUNCAN of South of Illinois. H.R. 1781: Mrs. BEATTY and Mr. NOLAN. Carolina, Mr. MEADOWS, Mr. GROTHMAN, Mr. H.R. 3339: Ms. DEGETTE and Mr. DEFAZIO. H.R. 1784: Mr. LAHOOD. LOUDERMILK, Mr. SESSIONS, Mr. SALMON, and H.R. 3381: Mr. KENNEDY, Ms. DELBENE, and H.R. 1887: Mr. BLUMENAUER, Mr. MEEKS, Mr. STUTZMAN. Mr. COLLINS of New York. and Ms. MENG. H.R. 4376: Mr. JEFFRIES, Mr. POCAN, and H.R. 1977: Mr. SERRANO. H.R. 3399: Mr. BUTTERFIELD, Mr. CA´ RDENAS, Mr. TAKANO. H.R. 2090: Mr. SWALWELL of California and Mr. NADLER, Mr. ELLISON, and Mr. SCHIFF. H.R. 4380: Mr. MOULTON, Ms. NORTON, and Mr. JEFFRIES. H.R. 3434: Mr. WITTMAN. Mrs. CAROLYN B. MALONEY of New York. H.R. 2125: Mr. SEAN PATRICK MALONEY of H.R. 3484: Mr. SHERMAN. H.R. 4389: Mr. POCAN and Mr. POLIS. New York and Mr. POCAN. H.R. 3514: Mrs. BEATTY. H.R. 4399: Mr. ELLISON, Ms. ESHOO, and Mr. H.R. 2144: Mr. KINZINGER of Illinois. H.R. 3516: Mr. ABRAHAM. HONDA. H.R. 2150: Mr. DAVID SCOTT of Georgia. H.R. 3528: Mr. MCGOVERN. H.R. 2170: Mr. DEUTCH. H.R. 3539: Mr. GRIJALVA. H.R. 4400: Ms. LEE. H.R. 2191: Ms. CASTOR of Florida. H.R. 3648: Ms. PINGREE and Ms. LOFGREN. H.R. 4405: Mr. LANGEVIN. H.R. 2197: Mr. ASHFORD. H.R. 3684: Mr. TAKAI and Ms. KAPTUR. H.J. Res. 55: Mr. ZELDIN. H.R. 2215: Mrs. KIRKPATRICK. H.R. 3739: Mr. ASHFORD. H. Res. 112: Mrs. NAPOLITANO. H.R. 2224: Ms. ESHOO and Ms. TITUS. H.R. 3741: Mr. VARGAS. H. Res. 207: Mr. LARSON of Connecticut and H.R. 2237: Ms. BORDALLO. H.R. 3779: Mr. LATTA. Mr. BLUM. URPHY H.R. 2264: Mr. BISHOP of Georgia, Mr. SEAN H.R. 3797: Mr. M of Pennsylvania. H. Res. 393: Mr. RUIZ. H.R. 3808: Mr. GUINTA. PATRICK MALONEY of New York, Mr. LUETKE- H. Res. 451: Mr. SESSIONS. H.R. 3880: Mr. GOODLATTE. MEYER, Ms. SPEIER, Mr. ISRAEL, Mr. ROYCE, H. Res. 540: Ms. LOFGREN and Mr. KEATING. H.R. 3917: Mr. WALZ, Ms. DUCKWORTH, Mr. Mr. HECK of Nevada, and Mr. BISHOP of Utah. H. Res. 541: Mr. QUIGLEY. DAVID SCOTT of Georgia, and Ms. NORTON. H.R. 2293: Ms. HAHN, Mr. WILLIAMS, Ms. H. Res. 548: Mr. KILMER. H.R. 3936: Mrs. WALORSKI. ADAMS, Ms. LORETTA SANCHEZ of California, H.R. 3952: Mrs. MCMORRIS RODGERS and Mr. H. Res. 551: Ms. ROS-LEHTINEN. Mr. REICHERT, Mr. TAKAI, Mr. DOGGETT, Mr. COLLINS of New York. H. Res. 561: Mr. SCHIFF. CRENSHAW, Mr. PITTENGER, Mr. ROYCE, and H.R. 3957: Mr. DESANTIS. H. Res. 569: Ms. HAHN and Mr. LEWIS. Mr. KLINE. H.R. 3965: Mrs. DAVIS of California. H. Res. 571: Mr. COOK, Mr. BYRNE, Mr. H.R. 2342: Ms. SPEIER and Mr. ISRAEL. H.R. 3982: Mr. CARTWRIGHT. DESANTIS, and Mr. RENACCI. H.R. 2404: Mr. COSTA, Mr. DAVID SCOTT of H.R. 4013: Mr. CICILLINE and Mr. RYAN of H. Res. 575: Mr. POLIS, Ms. LOFGREN, Mr. Georgia, Ms. LEE, and Mr. HONDA. Ohio. MCGOVERN, Mr. LEVIN, Ms. SLAUGHTER, Mr. APTUR OEBSACK H.R. 2411: Ms. K , Mr. L , Ms. H.R. 4063: Ms. LOFGREN. GUTIE´ RREZ, and Mr. DESAULNIER. WASSERMAN SCHULTZ, and Mr. CICILLINE. H.R. 4069: Mr. RANGEL. H. Res. 584: Mr. MCGOVERN. H.R. 2430: Mrs. WATSON COLEMAN, Ms. H.R. 4116: Mr. MULVANEY, Mr. LUETKE- H. Res. 585: Mr. BRAT, Ms. KAPTUR, and Mr. CLARKE of New York, and Mr. RUSH. MEYER, and Mr. HECK of Washington. HUDSON. H.R. 2450: Mr. KENNEDY. H.R. 4146: Mr. RYAN of Ohio. H. Res. 589: Mr. SCOTT of Virginia and Mr. H.R. 2460: Mr. SEAN PATRICK MALONEY of H.R. 4147: Mr. RYAN of Ohio. MEEKS. New York. H.R. 4153: Mr. COSTELLO of Pennsylvania. H. Res. 590: Mr. MILLER of Florida. H.R. 2509: Mr. WEBSTER of Florida. H.R. 4164: Mr. LATTA. H. Res. 592: Mr. CARTWRIGHT, Mr. HARRIS, H.R. 2515: Mr. CRAMER, Mr. KING of New H.R. 4167: Mr. OLSON and Mr. O’ROURKE. and Mr. LAHOOD. York, and Mr. HARPER. H.R. 4177: Mr. SANFORD and Mr. HARPER. H.R. 2520: Mr. JOLLY and Mr. AMODEI. H.R. 4207: Mr. THOMPSON of Mississippi and H.R. 2521: Mr. AL GREEN of Texas and Mr. Mr. HONDA. f COHEN. H.R. 4216: Mr. TIBERI, Mr. HASTINGS, and H.R. 2590: Mr. RYAN of Ohio. Mr. MICHAEL F. DOYLE of Pennsylvania. CONGRESSIONAL EARMARKS, LIM- H.R. 2597: Mr. POLIS. H.R. 4223: Mr. RANGEL. ITED TAX BENEFITS, OR LIM- H.R. 2622: Ms. LOFGREN. H.R. 4230: Mr. SCOTT of Virginia and Ms. ITED TARIFF BENEFITS H.R. 2635: Mr. MURPHY of Florida. TITUS. H.R. 2651: Mr. HECK of Washington. H.R. 4235: Ms. FUDGE. Under clause 9 of rule XXI, lists or H.R. 2663: Mrs. NAPOLITANO and Mr. PETER- H.R. 4247: Mr. KATKO. statements on congressional earmarks, SON. H.R. 4249: Mr. CUMMINGS and Mr. TAKANO. limited tax benefits, or limited tariff H.R. 2737: Mr. GRAYSON and Mr. RICHMOND. H.R. 4251: Mr. HUELSKAMP, Mr. WALZ, and benefits were submitted as follows: H.R. 2752: Mr. KLINE, Mr. ZELDIN, and Mr. Mr. ABRAHAM. FITZPATRICK. H.R. 4279: Mr. JOYCE. The amendment to be offered by Rep- H.R. 2775: Ms. JUDY CHU of California. H.R. 4281: Ms. GABBARD, Mr. HILL, and Mr. resentative SHERMAN (CA) or a designee to H.R. 2799: Mr. MARCHANT. GOHMERT. H.R. 766, the Financial Institution Customer H.R. 2802: Mr. ROGERS of Kentucky. H.R. 4285: Mr. GOHMERT. Protection Act of 2015, does not contain any H.R. 2805: Mr. LEVIN and Mr. RENACCI. H.R. 4293: Mr. HOLDING and Mr. RENACCI. congressional earmarks, limited tax bene- H.R. 2894: Mr. JONES. H.R. 4294: Mr. HOLDING, Mr. RENACCI, and fits, or limited tariff benefits as defined in H.R. 2911: Mr. SMITH of Missouri. Ms. JENKINS of Kansas. clause 9 of rule XXI.

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Vol. 162 WASHINGTON, TUESDAY, FEBRUARY 2, 2016 No. 19 Senate The Senate met at 10 a.m. and was before us. You will like it if you are an Enhancing America’s own export ca- called to order by the President pro American interested in producing more pacity is also important when you con- tempore (Mr. HATCH). energy. You will like it if you are in- sider that Iran has just been freed from f terested in paying less for energy. You Western sanctions and is looking to ex- will like it if you are an American in- pand its own trade in energy resources, PRAYER terested in saving energy. There are a including its natural gas potential. Ro- The Chaplain, Dr. Barry C. Black, of- lot of important reasons to support the bust LNG exports to Asia can also en- fered the following prayer: Energy Policy Modernization Act. hance America’s stature there, too, and Let us pray. Here’s another one. You will like it if give our allies in the region a stable Infinite Spirit, generous giver of you are an American interested in bol- source of energy. stering your country’s long-term na- life’s joys, from Your vantage point of Boosting America’s natural gas ex- tional security. That is always impor- eternity, look afresh into our times. ports is one reason to support the bill, tant, and Americans are telling us it is Teach our lawmakers to serve You as but here is another. The Energy Policy especially important today. They see they should so that they will do what Modernization Act is designed to re- our commanders, for instance, at- is best for our Nation and world. As duce our foreign reliance on minerals they seek to do Your will, help them to tempting to juggle myriad threats from across the globe with diminishing and raw materials needed for every- see Your glorious image in humanity force structure. Well, if we are inter- thing from military assets to smart and search for opportunities to em- ested in improving our overall stra- phones. power those on life’s margins. tegic position, then there are ways this We can strengthen American mineral Lord, inspire our Senators to trust broad bipartisan Energy bill can help. security by developing our world-class the unfolding of Your loving provi- First, the Energy Policy Moderniza- American mineral base. The necessary dence so that they will not become tion Act is designed to boost America’s modern policies can move us ahead, weary in doing what is right. May they liquefied natural gas exports. That and this bill contains positive steps live with such integrity that Your pur- doesn’t just hold potential for Amer- forward. poses will be accomplished on Earth. ica’s economy, it holds potential for Here’s what else this bill would do. Remind us all that it is in giving that America’s global leadership, including The Energy Policy Modernization Act we receive and through dying to self the security of our allies. We know is designed to defend our national en- that we are born to eternal life. that Russia is the dominant supplier of ergy grid from terrorist cyber attacks. We pray in Your great Name. Amen. natural gas to Western Europe, and we It would help prepare us by authorizing f know that building America’s own ex- additional cyber security research, it port capacity can enhance European PLEDGE OF ALLEGIANCE would help deter attacks by erecting energy security in the long run. So, in stronger cyber security defenses, and it The President pro tempore led the broad strokes, ‘‘by increasing our abil- would help provide for faster and more Pledge of Allegiance, as follows: ity to export natural gas—in the form effective responses when threats do I pledge allegiance to the Flag of the of liquefied natural gas or LNG—to Eu- arise. United States of America, and to the Repub- rope, the U.S. can weaken Russia’s lic for which it stands, one nation under God, strategic stronghold while boosting our At the end of the day, here is what indivisible, with liberty and justice for all. domestic economy by increasing en- you can say about the Energy Policy f ergy exports.’’ That is how Congress- Modernization Act. It aims to make America more secure in an era of inse- man CALVERT, a Republican, and Con- RECOGNITION OF THE MAJORITY curity. It aims to make America more LEADER gressman ISRAEL, a Democrat, put it in an op-ed they authored last year after prosperous in a time of economic un- The PRESIDING OFFICER (Ms. COL- returning from a trip to Ukraine. certainty. It is a bipartisan bill that LINS). The Republican leader is recog- Here is what a former Obama energy deserves to pass. It is great to see so nized. adviser wrote in November: ‘‘Increased many Republicans and Democrats in f LNG trade can also enhance energy se- this Chamber who actually agree with curity for our allies,’’ he said. ‘‘[Rus- that. It is great to see both sides work- ENERGY POLICY MODERNIZATION sian state-owned energy giant] ing with the bill managers to process BILL Gazprom’s grip on Europe is weak- amendments and move this legislation Mr. MCCONNELL. Madam President, ening, and U.S. LNG will accelerate along. there are a lot of reasons to like the that shift even as Russia seeks to I ask Members to continue working broad bipartisan Energy bill which is counter it. . . .’’ in the same spirit of cooperation.

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

S453

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VerDate Sep 11 2014 23:38 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.000 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S454 CONGRESSIONAL RECORD — SENATE February 2, 2016 RECOGNITION OF THE MINORITY You can’t get well. They have a pro- President Obama has declared a state LEADER gram where they try to take the blood of emergency in Flint, MI, and given The PRESIDING OFFICER. The out and run it through a purifier. It FEMA, the Federal Emergency Man- Democratic leader is recognized. takes a long time, but there are no safe agement Agency, the authority to pro- levels of lead for children. vide resources for the people of Flint. f After the city made this wrong deci- The problem is that right now they are FLINT, MICHIGAN, WATER CRISIS sion to switch its water source, it was just getting bottled water. The infra- really very quickly that the citizens of structure is so bad. Mr. REID. Madam President, in re- Flint complained that the water was Governor Snyder has finally—fi- cent weeks the Nation has become con- discolored, and it also smelled. Every- nally—declared a state of emergency cerned, afraid, and even outraged to one began to develop rashes. and finally apologized for his adminis- learn that nearly 100,000 people who are The response of State government tration’s slow response. The Governor’s residents of the city of Flint, MI, have was appalling. Rick Snyder, the Gov- apology is too late. The residents of been poisoned. About 9,000 of those ernor of Michigan, is one of those who Flint have already been poisoned. poisoned are children under the age of berates government all the time. It is too bad the people on that side 6 years. Emails released from his office just of the aisle disparage the government Two years ago, in an effort to pinch last week referred to a resident who all the time. It is too intrusive. It is pennies, an unelected emergency man- said she was told by a State nurse in too involved. It is detrimental to our ager appointed by Governor Rick Sny- January 2015, a little over a year ago— society. der switched the water supply from the she was complaining about her son’s The Governor of Michigan is one of city of Flint, MI, water source to the elevated blood levels. The nurse told the leading cheerleaders of that theory. Flint River. Water from the Flint this woman: It is just a few IQ points. He denigrates government every single River is contaminated with lead, bac- It is not the end of the world. chance he gets. But to whom does he teria that causes Legionnaires’ disease, Can you imagine a health care work- turn when the State of Michigan is in and lots of other bad things. As a re- er telling someone: It is your baby, but trouble? To the Federal Government. sult, the residents of Flint, MI, were it is just a few IQ points. No big deal. When emergency strikes, the Federal forced to drink the water. It is not the end of the world. This was Government steps in. That is one of the There is no trick photography here. a State nurse. responsibilities we have to protect This is a person in Flint, MI. You could The water was so poisonous that Gen- America. go to any house you wanted to go to. eral Motors, the manufacturer of auto- So I hope Senate Republicans will This is the water that they were drink- mobile parts there, stopped using the support our efforts to protect the peo- ing and bathing in. It is hard to com- source for their Flint engine operations ple of Flint in this time of need. Sen- ator MURKOWSKI—the chair of that im- prehend that this went on for such a because the parts corroded during the portant committee that has jurisdic- long time. manufacturing process. They had to tion of the bill that is before this body Can you imagine taking a bath in stop using this water. People were still today—is working with Senator CANT- this, brushing your teeth, or drinking drinking this water and bathing in this WELL. They are committed to doing it? How about bathing a new baby? water. something to help in this. Let’s make This is your little bathtub. Despite overwhelming evidence that Through no fault of their own, the sure we support them. a city in his State had lead poisoning, Sadly, some of the same Republicans people of Flint, MI, are being forced to Governor Snyder failed to act and pro- endure a public health crisis that could who have called for relief when their tect the people of Flint. This went on States faced natural disasters are dis- have been avoided. This is a manmade for a long time. crisis. We will never know the full ex- paraging government action in Flint. As Flint struggles to recover from For example, last year, Texas was dev- tent of the damage to the people who this terrible public health problem, an live in Flint, MI—especially to the astated with historic flooding. But who investigation will determine who ex- stepped in? It was the Federal Govern- children. They have been harmed be- actly is to blame for this reckless deci- ment that stepped in to provide dis- cause they have been poisoned by the sion. We know who caused the problem. aster relief for the people of Texas. acts of the leadership in the State of This was a manmade disaster, as I That is why I was disappointed to see Michigan, especially the Governor of said earlier, but now we must act to the senior Senator from Texas say: the State of Michigan. The reckless de- protect the residents of Flint. This pro- ‘‘While we all have sympathy for cision to switch to unsafe drinking tection should start with repairs to what’s happened in Flint, this is pri- water was forced upon 100,000 people. their water infrastructure. Like many marily a local and state responsi- These people in Flint, MI, are now ex- cities—and there are quite a few in the bility.’’ He didn’t say that when the posed to water with high levels of Midwest—Flint has lead pipes, but the flooding was taking place in Texas. lead—frighteningly high levels of highly corrosive nature of the Flint Last year, as Florida was hit with ex- lead—among other things. This is not River damaged them. It ate away at treme flooding, the junior Senator just lead. There is bacteria, and they the insides of those pipes. Now these from Florida called for Federal disaster haven’t determined the full extent of lead pipes are leaching into the clean assistance. But when it comes to the it. It is established. water supply from Lake Huron. It will children and families of Flint, the Sen- I can remember when I first came to cost over $1 billion to replace Flint’s ator, who finished third last night in this body many, many years ago. I had corroded water infrastructure. the Iowa caucuses, cautions against the good fortune to chair a number of The people in Flint, MI, are strug- any action. This is what he said about hearings in the environment com- gling. There has been money spent Flint: ‘‘I believe the federal govern- mittee dealing with lead poisoning. there. Flint had been doing quite well ment’s role in some of these things (is) At the time that we studied it, lead until this came along. There was a new largely limited unless it involves a fed- poisoning was lead that children in- vitality. But now people are afraid to eral jurisdictional issue.’’ gested—children who lived in develop- eat in restaurants, and the businesses Well, the issue was that the State of ments where there were large amounts have been terribly damaged because Michigan didn’t do what it was sup- of lead-based paint. The children who people don’t believe the water is pure. posed to do. ate this lead—not on purpose—were not A lot of these restaurants, for example, The junior Senator from Florida is what they could have been. It affected put in their own water supply and not alone. Republican Senators rou- their brains. water purification system, but people tinely rush to the floor to demand Fed- This lead in water, lead anyplace, af- don’t believe it. They are afraid. eral aid when trouble hits their back- fects the brain. It affects adults, too, We need this done now. The State yard. That is the right thing to do. but especially children. Lead causes se- and Federal Government must cooper- Americans help each other in times of rious problems for adults, as I men- ate now to end this crisis, which re- crisis. tioned, but it is especially dangerous quires that we make investments. I re- This week the Senate has a chance to for children, causing lifetime effects. peat: now. help the families suffering through a

VerDate Sep 11 2014 23:38 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.002 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S455 public health crisis. I hope Republicans The PRESIDING OFFICER. The Sen- cooperation and significantly hinder who have had difficulties in the past ator from Utah. counterterrorism efforts.’’ Given the and have requested Federal aid for f global state of affairs, we simply can- their States won’t turn their backs on not risk losing the critical benefits of JUDICIAL REDRESS ACT the people of Michigan. the umbrella agreement. If a Federal Government response is Mr. HATCH. Madam President, I rise As chairman of the Senate Repub- necessary for natural disasters, today to emphasize the importance of lican High-Tech Task Force, I am al- shouldn’t the Federal Government help the Judicial Redress Act. This is a bill ways seeking ways to keep our Amer- respond to these manmade disasters? that the Senate Judiciary Committee ican technology industry at the fore- The examples I gave in Texas and Flor- favorably reported last week by an front of the global economy. I am con- ida were not manmade disasters; this overwhelmingly bipartisan vote of vinced that passing the Judicial Re- is. 19 to 1. dress Act will build much needed good We remain committed to giving the As I speak, the Senate majority and will with our European allies. We are people of Flint, MI, what they need minority leaders are in the process of currently negotiating a new safe har- during this crisis—help from the Fed- clearing this legislation by unanimous bor agreement—an international agree- eral Government to restore clean, safe consent. I am optimistic the Senate ment that allows U.S. technology com- water. But the Federal Government will pass the Judicial Redress Act in panies to move digital information be- cannot do it all. The people of Flint, the coming days and that ultimately tween the European Union and the MI, should understand that the Gov- we will send this legislation to the United States. ernor of Michigan is costing them a lot President’s desk. For years, safe harbor rules have ben- of money, and it is going to cost the I thank Senator CHRIS MURPHY for efited U.S. technology companies that taxpayers of Michigan a lot more be- introducing this important bill with provide cloud services to their Euro- cause the Federal Government cannot me and for the broad support we have pean customers. Without a safe harbor do it all. built among both Republicans and agreement, however, U.S. cloud-based Senator STABENOW and Senator Democrats. companies seeking to do business in PETERS have proposed an amendment I also wish to acknowledge the good Europe would be forced to negotiate to the bill before us that provides work of Representatives JIM SENSEN- with 28 individual countries in the Eu- emergency relief to address the Flint BRENNER and JOHN CONYERS for their ropean Union over how their citizens’ water crisis. I support that. The people efforts in the House. They have been data is collected and stored. Such a re- of Flint have been poisoned. We owe stalwarts in advancing this important quirement would disrupt and chill our fellow citizens swift action to ad- legislation in the House of Representa- transatlantic business operations, jeop- dress this medical emergency. tives. It has been a true bipartisan, bi- ardize countless American jobs, and I urge my colleagues, especially my cameral event. stifle American domestic innovation. Republican friends, to support the Sta- Simply stated, the Judicial Redress Indeed, businesses of all sizes and in benow-Peters amendment to give the Act would extend certain data protec- all sectors would face profound con- people of Flint the relief they so des- tions and remedies available to U.S. sequences if we do not conclude a new perately need. citizens under the Privacy Act to Euro- safe harbor agreement. pean citizens by allowing them to cor- The economic damage would be sig- f rect flawed information in their nificant and relatively immediate, and RESERVATION OF LEADER TIME records and, in rare instances, the op- the consequences could be cata- tion to pursue legal remedies if Federal The PRESIDING OFFICER. Under strophic, especially for small enter- agencies improperly disclose their the previous order, the leadership time prises. Failure to reach an agreement data. is reserved. would impact the economies of both Our legislation fights an inequity—a the United States and our friends in f reciprocal benefit that has been with- the European Union. MORNING BUSINESS held from our European allies with lit- If we are unable to reach a final safe tle justification. Cross-border data harbor agreement soon, Congress must The PRESIDING OFFICER. Under flows between the United States and be prepared to take appropriate action the previous order, the Senate will be Europe are the highest in the world. to ensure that these negative con- in a period of morning business until 11 Today most countries in the European sequences do not come to fruition. a.m., with Senators permitted to speak Union affirmatively provide data pro- In the meantime, it is critically im- therein for up to 10 minutes each. tection rights to Americans on Euro- portant that Congress pass the Judicial The Senator from Utah. pean soil. Our European allies and Redress Act. I am pleased that the Sen- f their citizens should likewise have ac- ate is swiftly moving toward this end, cess to the core benefits of the Privacy ORDER OF PROCEDURE and I am optimistic that we will have Act when in the United States. It is the a successful resolution in the coming Mrs. BOXER. Madam President, par- right and fair thing to do. Passing the days. liamentary inquiry. Judicial Redress Act is critical to rati- I thank my colleagues on both sides The PRESIDING OFFICER. The Sen- fication of the Data Privacy and Pro- of the floor for their support in this ef- ator will state her parliamentary in- tection Agreement, commonly called fort. quiry. the ‘‘umbrella agreement.’’ This agree- I yield the floor. Mrs. BOXER. Yes, is it a fact that ment allows for data transfers between The PRESIDING OFFICER. The Sen- the Senator from Utah will have 10 European and American law enforce- ator from California. minutes and then the floor will be open ment officials for the purpose of fight- Mrs. BOXER. Madam President, I ask for other Senators at that time? ing and investigating crime, including unanimous consent that I be allowed to The PRESIDING OFFICER. The terrorism. speak for up to 20 minutes. order for business is every Senator is European officials have said they will The PRESIDING OFFICER. Is there entitled to speak for up to 10 minutes not ratify the umbrella agreement objection? each until the hour of 11 a.m. until Congress provides EU citizens Without objection, it is so ordered. Mrs. BOXER. Well, that was my par- with limited judicial redress. Our bill f liamentary inquiry. So each Senator is key to providing reciprocity to our has 10 minutes, and then at the expira- European allies and will serve as the FLINT, MICHIGAN, WATER CRISIS tion of 10 minutes, the floor would be catalyst to finalizing the long-awaited AND ALISO CANYON NATURAL open; is that correct? data protection deal. GAS LEAK The PRESIDING OFFICER. Absent The U.S. Department of Justice, Mrs. BOXER. Madam President, I am any consent agreement to the con- which supports this legislation, states on the floor to talk about a situation trary, the Senator is correct. that failure to finalize the umbrella that is occurring in my home State Mrs. BOXER. Thank you so much. agreement ‘‘would dramatically reduce with a leak—a natural gas leak that is

VerDate Sep 11 2014 01:31 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.003 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S456 CONGRESSIONAL RECORD — SENATE February 2, 2016 creating havoc in one of my commu- at some point, even if in their own better deal with it and figure out how nities. But before I do, I wish to com- heart. We cannot disconnect from that to deal with it because right now it is ment on the issue that my Democratic incident to what we are doing today in running amuck. leader talked about, which is the poi- saying you no longer need a permit to One of my constituents said: My hus- soning of children in Flint, MI, due to dump pesticides into drinking water. band and I moved there over 3 years lead in the drinking water. What are people thinking? Are we so ago. We poured a lot of money into this Maybe I am old-fashioned, but I be- beholden to special moneyed interests home, our dream home, thinking it was lieve that when you hurt a child, that that we can’t tell them they have to a perfect area to move. I am expecting. is the lowest thing you can do. There is have responsibility? Defending our peo- We had difficulties trying to conceive. nothing lower in life than hurting an ple means having a smart policy to de- The joy has been robbed from us be- innocent child. That means if you fend them from terror, which I support, cause we have had to relocate twice. I abuse a child, if you taunt a child—but but it also means protecting and de- am fearful to bring my newborn baby when you poison a child and their brain fending them with reasonable rules and back to Porter Ranch. is damaged for the rest of their life— regulations so we don’t poison them That is the community here, Porter that is the lowest thing an adult can here at home or hurt the brains of Ranch. She said: I am fearful to bring do. Any adult who knew that these their kids. my newborn baby back to Porter children were being poisoned and I want to show something that is Ranch when the time comes and they looked the other way, in my view, is happening in my State as we speak. say the coast is clear. liable. You don’t hurt a child. You This is quite a picture. It shows what a Another one. This particular indi- don’t hurt a child—let alone for life— gas leak looks like: plumes of methane vidual, Scott McClure, was quoted in and destroy their mind. gas above a community. This is an in- the L.A. Times: I know that Senators STABENOW and frared camera. This is what is hap- I can’t go outside and play baseball with my sons. I can’t go on walks with my family. PETERS are working hard with the Re- pening from a natural gas leak. It My youngest son has been moved to another publicans to come up with something didn’t happen yesterday and it didn’t school. My property value has dropped dra- to help the people there, and I hope happen a month ago. It happened on matically. I get headaches, stomach that it will work out. I know that in October 23, and it is still out of control. aches. . . . my committee on the environment we I have submitted an amendment on be- The California Air Resources Board have been working with them, along half of myself and Senator FEINSTEIN estimates that more than 86.5 million with Senator INHOFE, so we can do today to get some of the brightest kilograms of methane—a powerful something. But it is after the fact. It is minds from the Department of En- greenhouse gas—have been emitted not as if you can make this damage go ergy—and there are very bright minds into the atmosphere. So we move from away. over there—to take a look at what the a disaster for our families—reflected in What shocked me was that on the heck is happening and why it is that this woman’s face—to a disaster for the heels of this tragedy and travesty in this is running amuck. It is now burn- environment because it is, so far, 2.2 Flint, MI, we were marking up a bill, ing longer than the BP oilspill. I re- million tons of carbon dioxide. That is and the Republicans, to a person, sup- member so well because I worked so the equivalent of the methane that has ported the ability of people spraying hard on the committee with all of my poured into the atmosphere. That is pesticides into drinking water not to colleagues, with Senator Landrieu and more greenhouse gas than 468,000 cars have to get a permit anymore and to others, to get to the bottom of why it emit in 1 year. Just think, in over 3 take away the authority of the EPA to was happening, and we sent Stephen months this one leak has emitted as require a permit if you are going to Chu, who was then Secretary of En- much as half a million cars do in an en- spray harmful pesticides with toxins ergy. Guess what. In the BP spill, he tire year. We have worked so hard into a drinking water supply. figured out a better way to track the across party lines here to make sure This is what my Republican friends spill and therefore contain it by using our cars have good fuel economy and did in the environment committee. I gamma rays, as I remember. don’t emit so much of this greenhouse think they ought to change the name As of last week, almost 3,700 house- gas, and now we have seen as much as of that committee to the pollution holds have been relocated to hotels and half a million cars in an entire year. committee. What is that? In addition, other temporary housing because the That is what has come into the atmos- the underlying bill says you can never residents who live right here are expe- phere. regulate the lead in fishing tackle riencing headaches, nausea, dizziness, This leaking well is 8,600 feet deep. under TSCA. Lead. Hello? We now nose bleeds, and other side effects The leak is thought to be around 500 know what lead does when it gets into stemming from the rotten egg smell, feet below the surface. The gas com- drinking water. If there are ways to the chemicals that give the natural gas pany has unsuccessfully attempted to have less toxic fishing tackle, its artificial odor. kill the well seven times by plugging it shouldn’t we try to make that happen This is Aliso Canyon. Schools have with brine and gravel. They are now at- if it is available? temporarily closed because the kids tempting to drill a relief well down to So here we have a bill called the and teachers can’t stand the smell all the reservoir and cut the resisting well sportsmen’s bill. Lots of things in day. People’s homes, their furniture, at its base, but this may not be com- there are wonderful and I support everything they have left behind are pleted in another month. If it isn’t suc- wholeheartedly, but now we are going becoming infused with this horrid cessful, they will have to start over to say you can never regulate the lead smell and the chemicals. It is a dis- again. in fishing tackle under TSCA? Then aster for these residents and for many So—October 23. We are now starting you are going to say you don’t need a local businesses struggling to stay February, and these people have lived permit to spray pesticides into a water afloat. We see here, this is the Aliso with this extraordinary disaster over supply? You have to be kidding. Canyon leaking well site, but the them. I pray that this nightmare will We talk a lot about defending the plume is all over this community. be over and people can move back to American people. We have to do it I want to share a couple of other their homes and that they have the abroad and at home because dead is photos because we know a picture is peace of mind that their homes are dead. It is a serious issue when you ex- worth a thousand words. These are clean and their air is clean and the pose people to toxins. They get cancer. children, sick of being sick at school. community will return to normal. In They have brain damage. This is a mom who is having serious the meantime, we have to figure out I am hopeful we can do something for headaches. That is why this amend- what caused this leak and how to pre- the people of Flint and stand with ment is so important because this is vent it from happening again at Aliso them, but I will tell you it is not going what is happening and, by the way, Canyon and everywhere around the to let people off the hook. Anybody could happen probably anywhere where country where there are 400 similar who knew this was happening and there are these natural gas storage sites. turned away or said: Who cares? It is a sites. There are 400 in America—400, in On January 6, 2016, the Governor of poor community, they will be punished America. This is the first, and we had the State of California declared an

VerDate Sep 11 2014 01:31 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.005 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S457 emergency for Los Angeles County due have the Super Bowl coming up in my what is going to happen and how can to the Aliso Canyon natural gas leak. beautiful State. Believe me, we are fo- we prevent it? Maybe there is an easy State regulators have been working cused on that. This is a great nation. way to maintain these pipes in a way with the gas company and with Federal We know how to take care of our peo- that makes sense. If we can find that PHMSA and EPA. PHMSA is hazardous ple. Therefore, when we see a woman or out, we can stop this. We can say: This pipeline. They check to make sure children like this saying they are sick was horrible. We stopped it, and we are those hazardous pipelines—the pipe- and we see this—and this is what the going to be able to prevent other explo- lines that carry this hazardous mate- people of California are seeing in their sions like this from happening. And if rial—are safe. They have been working living rooms, the picture of this out-of- they do happen, we will know how to as they have been providing consulta- control plume going on since October deal with it. tion. 23—we think: Wait a minute. This is We are not going to subject kids to I want to say that the working group the greatest country in the world, with this where they have to go out with on climate change called in the Federal the greatest minds in the world, the signs—and, by the way, masks around people who were working in PHMSA greatest science in the world. We have their necks—that say ‘‘relocate our and the EPA. They are doing con- so many wonderful things, and we can’t school’’ and ‘‘sick of being sick at ference calls and they are working, but stop this leak? My God. It is ridiculous. school’’ and dislocate these kids, and it is not enough. It is not enough. We I was frustrated after I had that they have been dislocated. They have need the best minds—the best minds— meeting because we are very much been dislocated from their school. You and that is why Senator FEINSTEIN and alike in many ways. We want to solve know how it is for a kid. You have your I have offered this amendment today. a problem, and we don’t want bureauc- world. Your world is your home. Your It is at the desk. racy to get in the way. We want to get world is your school. Your world is Under the amendment, the Depart- the best people. Who cares who gets the your family. That is it. When you dis- ment of Energy Secretary would lead a credit? Sit around and get it done. rupt that, it is very difficult on our broad review of this leak, including the When I had this meeting with those children. cause, the response, and the impacts on Federal officials who were on these I hope and pray that we will get this communities and the environment. conference calls, I got a clear sense, done today and that we will get the De- They will issue a finding to all of us, after all my years of experience—and I partment of Energy ready to go on all of our committees, as we listen, and have had a lot. When I started out, I this. Even if we pass it here and we to the President, within 6 months, but didn’t have all this gray hair. don’t get it quickly to the House and if they find something in the course of The bottom line is, I know from expe- they don’t do it quickly, I think we their investigation that can solve this rience that it doesn’t feel like some- will send a signal to the Department of leak or prevent another leak—in the body is truly in charge. That is why Energy that they can look at this now Presiding Officer’s State or anybody’s Senator FEINSTEIN and I are giving this and help in a way where they would State—they would have to come for- amendment all of our heart and soul. have the confidence that we would all ward and make it clear and report that We hope that our friends on the other be behind that here in the Senate. finding. side will sign off on it because I know I am looking forward to a vote on The task force includes representa- the Democratic side has. I believe they this. I hope we have a voice vote. We tives of PHMSA—the Pipeline and Haz- will. We are working with them right don’t need a recorded vote on some- ardous Materials Safety Administra- now on a couple of issues. thing like this. I am going to continue tion—Department of Health and If this passes and becomes the law of to work with the Republican leaders on Human Services, Environmental Pro- the land, we will finally have someone this. I hope we can move forward. tection Agency, the Federal Energy in charge here at the Federal level, I thank you so much for your pa- Regulatory Commission, and the De- someone so bright, so smart—Sec- tience and your time. partment of Commerce. We have a retary Moniz. I have a lot of faith in I yield the floor. small task force here. Is it now seven? him. I think a lot of us do. He is in it I suggest the absence of a quorum. Seven. The reason is, we don’t want for the right reasons. I think if he goes The PRESIDING OFFICER. The some big bureaucracy. We want a small in there and they start to take a look clerk will call the roll. task force to meet, headed by Sec- at this, they may well find something The senior assistant legislative clerk retary Moniz, who is an outstanding right away that has been overlooked proceeded to call the roll. scientist, and we want them to help that could stop this horrific leak. Mr. THUNE. Madam President, I ask solve this crisis and provide relief for I want to close with this: Califor- unanimous consent that the order for the thousands of affected residents nians are leaders in so many areas— the quorum call be rescinded. when they come in with their analysis. technology, entertainment, and trade. The PRESIDING OFFICER. Without We want to make sure—we want to We would be the seventh or eighth objection, it is so ordered. make sure—this doesn’t happen again largest economy in the world. f in anybody’s State, because when you I don’t want to be a leader showing have a constituent like this in your the way to the future with this kind of ENERGY POLICY MODERNIZATION State who comes out and says: My God, a travesty. I want to solve the problem. BILL I don’t know what to do, that is what I want to tell my friends here in the Mr. THUNE. Madam President, one is on this face. I don’t know what to do. Senate that we have the technology to of the things the Republicans were de- I am scared. My kids are breathing solve it; we have leak-detection sys- termined to do when we took the ma- this. I am breathing this. Where do I tems to find these problems before they jority in the Senate last January was go? So we need our brightest minds, ab- happen. This particular yard started in to get the Senate working again for solutely, dealing with this, and that is the fifties. If you built a house in the American families. what our amendment does. fifties, you have to keep making im- Under Democratic control, the Sen- Again, we have more than 400 under- provements. I don’t know the history ate had basically ground to a halt. The ground natural gas storage facilities. of all of this, and I am not getting into Democratic leadership spent its time We have nine in California. This is a that now. We are where we are. But I pushing partisan show votes instead of public health and public safety issue would suggest that if this natural gas putting in any real work on the chal- that is critical for people not only in yard was set up in the fifties, I don’t lenges that are facing our Nation. Re- my State but across the Nation. think there were a lot of homes around publicans were committed to changing Again, we know our most sacred re- at that time. Let’s be clear. We have to that. Since we took the majority last sponsibility is to keep our people safe. think about these things, where we January, we have worked hard to once Whenever we say that, people right place these facilities. If I were in an- again make the Senate a place for seri- away think about what is happening other State right now—and I am going ous debate and serious legislation. We abroad and homeland security and tak- to do this in California: I am going to have succeeded. ing on ISIL and doing everything we look at the eight other facilities in my Last year we passed a number of sig- have to do to keep our people safe. We State. God forbid, if they have a leak, nificant bipartisan bills, including a

VerDate Sep 11 2014 23:38 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.007 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S458 CONGRESSIONAL RECORD — SENATE February 2, 2016 major reform of No Child Left Behind The bill we are considering today is Given this weak economic growth, and a multiyear transportation bill an ‘‘all of the above’’ energy bill. It in- removing impediments to energy devel- that will strengthen our infrastructure vests in a wide range of clean energies, opment is more important than ever. A and put Americans to work. from nuclear, to hydroelectric, to geo- thriving energy sector can help us This week we are beginning consider- thermal. It supports traditional overcome the weakness of the Obama ation of a bipartisan energy bill to sources of energy. It modernizes our recovery and usher in a new era of modernize our Nation’s energy policies Nation’s electrical grid. It promotes stronger economic growth. for the 21st century. This bill is the energy efficiency. It encourages con- According to former CBO Director product of months of work by Repub- servation. That is the kind of energy Douglas Holtz-Eakin, the difference be- lican and Democratic Senators and policy we need to take our energy sec- tween a 2.5-percent growth rate and a staffers on the Energy and Natural Re- tor into the 21st century. 3.5-percent growth rate would have a sources Committee. Senators held four Unfortunately, the President has re- major impact on the quality of life for full committee hearings and spent peatedly blocked domestic energy de- low- and middle-income families. If our countless hours hammering out the velopment and the jobs it would create. economy grew at just 1 percentage legislation that is before us today. This He rejected the Keystone XL Pipeline— point faster per year, we would have 21⁄2 bill is a great example of the kind of a project that his own State Depart- million more jobs and average incomes substantive, bipartisan legislation we ment found would have virtually no would be nearly $9,000 higher—$9,000 can produce when the Senate is work- impact on the environment and that higher. That is the difference between ing the way it is supposed to work. would have supported 42,000 jobs during owning your own home and renting Among many other things, this bill construction. He has blocked attempts one. It is the difference between being will streamline the application process to tap our vast domestic oil reserves in able to send your kids to college and to make it easier for American compa- Alaska. His EPA has imposed a steady forcing them to go deeply into debt to nies to export liquefied natural gas. stream of burdensome regulations that pay for their education. It is the dif- The natural gas industry in the United are making it more expensive to ference between a secure retirement States has grown by leaps and bounds produce American energy. The Presi- and being forced to work well into old in recent years, and our economy will dent’s national energy tax will drive up age. Additionally, an additional per- benefit tremendously when U.S. com- energy bills for poor and middle-class centage point in economic growth will panies start exporting American lique- families and reduce our Nation’s en- reduce our annual deficits by $300 bil- fied natural gas this year. Liquefied ergy security, while doing very little to lion. That in turn would further im- natural gas exports from the United help our environment. Similarly, the prove the health of our economy. States will also strengthen our allies in President’s waters of the United States The American people have suffered Europe by allowing them to rely on the rule will place heavy regulatory bur- long enough in the Obama economy. United States for their import needs dens on farmers, ranches, homeowners, They are ready for a new era of strong instead of relying on aggressive na- and small businesses across the coun- economic growth; an era built upon tions like Russia. free enterprise, not big government I have also submitted several amend- try. President Obama might like to think programs; an era that focuses on ments to this bill, including an amend- that the United States can rely on a growth, opportunity, and income mo- ment to streamline the permitting few boutique renewable energies, but bility, not redistribution of shrinking process for wind development. Amer- the truth is that our Nation is simply economic resources; an era that re- ican wind developers cite permitting not there yet. Efforts to impede other, wards innovators and entrepreneurs delays as one of the chief obstacles to more traditional and reliable types of rather than punishes them. development of this clean energy Over the next year, Americans who energy production simply punish source. My amendment will remove are ready for a change from Obama’s American families who then face soar- this roadblock and allow wind genera- failed policies will hear from congres- ing energy prices and fewer jobs in the tion and the jobs that it creates to sional Republicans who are increas- move forward more quickly. energy sector. Robust domestic energy production ingly focused on getting our economy I have also submitted an amendment working again. Reforming our Tax that would examine whether hydro- coupled with commonsense energy effi- ciency measures will create jobs, en- Code and reining in regulations, repeal- electric dams in places like the Mis- ing and replacing ObamaCare, hance the reliability of our energy sup- souri River in my home State of South strengthening our international secu- ply, spur economic development, and Dakota could be paired with future rity by rebuilding our military, and re- help keep energy costs low. Those are hydrokinetic generation to better har- forming outdated poverty programs the kinds of energy policies that this ness the great energy potential of our will be the foundation of our agenda for rivers. bill supports. Last Friday we learned that the a more prosperous future. I have submitted an amendment to Americans will also continue to hear economy grew at a rate of seven-tenths prevent the Environmental Protection from a Republican-led Senate that it is of 1 percent in the fourth quarter of Agency from moving ahead with a focused on moving bipartisan bills to 2015. Needless to say, that is not where lower ground-level ozone standard improve economic security for Amer- we need to be in terms of economic until 85 percent of the U.S. counties ican families. The bill before us today that are not yet able to meet the old growth. The recession may have tech- 1 is one of those bills. It will help con- smog standard are able to meet the old nically ended 6 ⁄2 years ago, but our sumers use less energy and free up en- requirements. We should prioritize the economy has never fully rebounded. ergy producers to develop resources worst cases of smog in America before Economic growth has been persistently and create jobs. imposing significant economic burdens weak during the Obama recovery, and I am glad the Senate is focused on an or limiting energy generation in other there are no signs of substantial im- ‘‘all of the above’’ energy approach areas. provement in the near future. In his- that supports energy growth and devel- One thing Republicans always say torical terms, the Obama recovery is opment in this country. I thank Sen- when we talk about energy is that we the weakest economic recovery since ator MURKOWSKI for her leadership and need an ‘‘all of the above’’ energy pol- the Eisenhower administration. If you work on this bill. I look forward to icy. What do we mean by that? We rank the 66 years since 1950 in terms of working on more bills here in the Sen- mean that we need to focus on devel- economic growth, the Obama years ate that will strengthen economic se- oping all of our Nation’s energy re- rank 45th, 46th, 47th, 48th, 54th, 55th, curity for American families. That is sources, from renewable fuels, such as and 66th. Let me repeat that. If you what we should be about—better, more wind and solar, to traditional sources rank the 66 years since 1950 in terms of robust growth in the American econ- of energy, such as oil and natural gas. economic growth, the Obama years omy that creates better paying jobs for That is the only way to make sure rank 45th, 46th, 47th, 48th, 54th, 55th, American workers and families. Americans have access to a stable, reli- and 66th—or dead last. It is no wonder I yield the floor. able energy supply and to keep our en- the American people are tired of living The PRESIDING OFFICER. The Sen- ergy sector thriving. in the Obama economy. ator from Massachusetts is recognized.

VerDate Sep 11 2014 23:38 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.011 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S459 Mr. MARKEY. Madam President, I epidemic—this heavily abused prescrip- dosage, when it should include all of ask unanimous consent to speak for up tion painkiller that the FDA first ap- the dangers, as well, of these pain- to 10 minutes. proved back in 1995—needed a new test killers. And third, the FDA should re- The PRESIDING OFFICER. Is there for safety. They warned about the scind its decision on Oxycontin for kids objection? growing dangers of addiction, abuse, and then convene an advisory panel, as Hearing none, it is so ordered. and dependence associated with the en- it should have done in the first place. f tire class of opioid painkillers. Justifi- Then the FDA can consider the PRESCRIPTION DRUG ADDICTION ably, the FDA was lambasted for its de- Oxycontin-for-kids decision with the cision to approve Zohydro by public benefit of that panel’s independent ad- Mr. MARKEY. Madam President, I health experts, doctors, Governors, and vice and with the proper meaning of am here to talk about a public health Members of Congress. But despite the safety in mind. epidemic that kills more people in the warning of real-world dangers of abuse The FDA must commit to shift the United States every year than gun vio- and dependence on these new super- way it approaches and evaluates addic- lence or motor vehicle accidents. Last charged opioid painkillers, the FDA tion before I can consider supporting year, drug overdoses killed nearly willfully blinded itself to warning Dr. Califf’s nomination. 50,000 Americans. Almost 60 percent of signs. The prescription drug and heroin epi- those overdoses were caused by pre- In 2014, in the wake of the Zohydro demic knows no geographic boundaries, scription opioids or heroin. Drug decision, the FDA twice skipped the and our response should know no polit- overdoses are increasing the death rate advisory committee process altogether ical boundary. That is why Majority of young adults in the United States to when it approved the new prescription Leader MITCH MCCONNELL and I worked levels not experienced since the AIDS opioids Targiniq and Hysingla. Then, in together to identify solutions to this epidemic, more than 20 years ago. August 2015, the FDA did it again. This crisis. Last spring, Senator MCCONNELL These skyrocketing death rates make time it bypassed an advisory com- and I joined together in calling for a them the first generation since the mittee on the question of a new use for Surgeon General’s report on the opioid time of the Vietnam war to experience Oxycontin for children aged 11 to 16. crisis. higher death rates in early adulthood This time the FDA even ignored its Last fall, Surgeon General Vivek than the generation that preceded own rules that specifically called for Murthy announced that he will be them. an advisory committee when a ques- issuing a new report on the substance So we ask ourselves: What specifi- tion of pediatric dosing is involved. In abuse crisis this year. Fifty years ago, cally is causing this tidal wave of ad- other words, there is a special category there was a historic report on smoking diction and overdoses? Well, the answer when children are involved that calls that changed the way our country is clear. Over the last 10 years, the for advisory committees, and the FDA viewed that. This is the same kind of Drug Enforcement Agency has in- ignored that. report that we need from our Surgeon creased the amount of oxycodone it has At this point it became clear that the General for our country to see, but approved for manufacturing by 150 per- FDA was intentionally choosing to that is just the first step in a larger cent. forgo an advisory committee in order comprehensive national strategy that I For 2016, the DEA has told Big to avoid another overwhelming vote am fighting for this year. Pharma it is OK to make nearly 1.4 recommending against approval of a We need to stop the overprescription million grams of oxy. That is enough prescription opioid. Why? Because the of pain medication that is leading to for almost 15 billion 10-milligram pills. FDA would then have had to ignore yet heroin addiction and fueling this crisis. Let me say that again: That is enough another group of experts in order to That starts with the prescribers. We for almost 15 billion 10-milligram pills continue its relentless march to put need to ensure that all prescribers of to be sold in America this year. That is more drugs into the marketplace. opioid painkillers are educated about a full bottle of potent painkillers for With the Oxycontin-for-kids decision, the dangers of addiction and appro- every man, woman, and child in the the FDA’s reckless attitude toward ex- priate and responsible prescribing prac- United States of America for 2016. This pert advice on drug safety went too far. tices. tsunami of opioid addiction is swal- Children whose brains are not yet fully I have a bill that requires every pre- lowing families as quickly as Big developed are especially vulnerable to scriber of opioid pain medication in Pharma wants Americans to swallow drug dependency and abuse. Yet the this country, as a condition of receiv- its pills. Yet, despite this raging epi- agency focused its so-called safety ing their DEA prescribing license, to be demic, you would think the Food and analysis only on concerns about proper trained in the best practices of using Drug Administration, the agency re- dosing, saying that it needed only to pain medications and methods to iden- sponsible for the safety of all prescrip- tell doctors the proper doses for chil- tify and manage an opioid-use disorder. tion drugs in the United States, would dren who needed the drug. Stopping overprescription also includes welcome every bit of expert advice it Well, that is just plain wrong. We use narrowing the pipeline at the front can get from doctors and other public experts to determine if child car seats end. health professionals. In fact, the FDA’s are safe, if toothpaste is safe, and if The PRESIDING OFFICER (Mr. own rules call for it to establish an vaccines are safe. We should use ex- ROUNDS). The Senator’s time has ex- independent advisory committee of ex- perts to determine if the opioid pain- pired. perts to assist the agency when it con- killers are safe for our families. We Mr. MARKEY. Mr. President, I ask siders a question that is controversial need to immediately reform the Food unanimous consent to continue for 2 or of great public interest, such as and Drug Administration opioid ap- additional minutes. whether to allow a new addictive pre- proval process if we want to stop this The PRESIDING OFFICER. Is there scription painkiller to be marketed in epidemic of prescription drug and her- objection? the United States. Instead, the FDA oin addiction. Without objection, it is so ordered. has put up a sign in its window: ‘‘No Last week I placed a hold on the Mr. MARKEY. Mr. President, this Help Wanted.’’ The FDA began turning nomination of Dr. Robert Califf to head means that the DEA needs to reduce its back on advisory committees in 2013 the FDA. Before I can support this the quotas of oxycodone and when an expert panel established to re- nomination, the FDA must make three hydrocodone that it approves for man- view the powerful new opioid painkiller needed changes to its opioid approval ufacture each year. The DEA is allow- Zohydro voted 11 to 2 against recom- process. First, the FDA needs to make ing Big Pharma to manufacture too mending its approval, but the FDA ap- sure that every opioid approval ques- many of these pain pills. Although the proved the drug anyway, overruling the tion is reviewed by an external panel of United States is less than 5 percent of concerns voiced by experienced physi- experts. Second, the FDA needs to con- the world’s population, Americans con- cians on the panel. Those experts criti- sider addiction, abuse, and dependence sume 80 percent of the global supply of cized the agency for ignoring this in- as part of its determination of whether opioid painkillers and 99 percent of the credible growing epidemic. The advi- an opioid is safe. The FDA cannot con- world’s supply of hydrocodone, the ac- sory panel warned that this Oxycontin tinue to operate as if safety just means tive ingredient in Vicodin. Tragically,

VerDate Sep 11 2014 23:38 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.013 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S460 CONGRESSIONAL RECORD — SENATE February 2, 2016 we have become the ‘‘United States of about the Energy Policy Modernization see vast areas of our particular States oxy.’’ Act, I wish to acknowledge my col- permanently withdrawn—something With the opioid epidemic reaching league from Massachusetts. I come that again resonates very strongly in epic proportions, our Federal budget from a very large, remote State. About my State, where 61 percent of our should reflect the magnitude and im- 80 percent of the communities in Alas- State is held in Federal land. I am portance of investing in treatment and ka are not connected by a road, so one pleased that my colleague from Utah recovery services. would think that our isolation would has offered this amendment, and I am In Massachusetts, approximately insulate us from some of the scourges hopeful the Senate will adopt it. 65,000 people are currently dependent that we see when it comes to drugs and The second amendment we will have on opioids. Some 50,000 need treatment drug addiction. Unfortunately, that is this afternoon is the Franken amend- but are not receiving it. Treatment for not the case. In my State we are seeing ment No. 3115. This would impose a na- prescription drug and heroin addiction the same level of addiction. While the tionwide efficiency mandate. This is a is absolutely at the top of the list of numbers might not be as eye-popping matter that we had before the energy the things this Congress should deal as Massachusetts or New Hampshire committee when we were in markup in with, and that is why we need to work and other parts of the country, that is July, and many Members are already together. We need to make sure that because we have fewer people. But on a familiar with it. the treatment is there for each of these per capita basis, the numbers are stag- I am aware that some Members are patients, and that includes ensuring gering and very worrying. still filing amendments, but I think my that patients receive from a physician As my colleague from Massachusetts advice to them is to know they are the help they may need from Suboxone. notes, this is not something that chasing the train down the tracks at Right now, that is denied to many dif- should be a Republican or a Demo- this point in time. We had a total of 230 ferent patients. cratic problem or have a Republican or amendments filed as of this morning, I have been in Congress for 39 years. Democratic solution. This should have so we have a lot to sort through as we I have never actually seen an issue like all of us working together because are trying to deal with the debate and this that has grown so quickly and af- what is happening and what we are see- just kind of keep things moving. fects so many families in our country. ing is simply unacceptable. It is de- A number of Members are also hoping Not a day goes by in the State of Mas- stroying families and communities, to secure a vote on their priorities, so sachusetts where someone doesn’t and we must work together. I appre- we have a line now. Those who are just come up to me and talk to me about a ciate his comments here before the thinking about filing should know family member who has been affected body this morning. where you are in this process. Senator by this epidemic. It is time for us to Mr. President, I hope the Senate is CANTWELL and I intend to continue to join together in a bipartisan fashion to prepared for another good, busy day of process amendments as quickly as we produce the kind of legislation to give debate on our broad bipartisan energy can and we ask for the cooperation of hope to families and let them know bill. Members to help that effort move that relief is on the way, and that pre- Late yesterday, while we were not along. vention and treatment will be there to taking votes, we were in session for a I do want to thank the ranking mem- help their families deal with this crisis. few hours—but what we were able to do ber on the energy committee. Senator I hope we can accomplish that goal during that time period was approve CANTWELL and her staff have been this year, and I believe we can do it on eight more amendments by voice vote. working very hard and very well with a bipartisan basis. We are now up to 19 amendments ac- me and my staff as we are working to I yield back the remainder of my cepted so far. The latest batch from process this bill. The level of back-and- time with thanks to the Senator from yesterday featured a proposal from forth has been very constructive, very Alaska for her indulgence. Senators GARDNER, COONS, PORTMAN, helpful, and I appreciate it, and I want and SHAHEEN to boost energy savings to give special recognition to the yeo- f projects that will limit the cost of gov- man’s work that the staff are doing CONCLUSION OF MORNING ernment and save taxpayer dollars. right now. BUSINESS We also approved an amendment We will be setting up additional roll- The PRESIDING OFFICER. Morning from Senators FLAKE, MCCASKILL, and call votes today. We will hopefully be business is closed. BOOKER to evaluate the number of du- able to reach agreement on amend- plicative green buildings programs ments that we can clear on both sides f within the Federal Government. I as well. ENERGY POLICY MODERNIZATION think we all appreciate the need to be As we have moved through the de- ACT OF 2015 more efficient, but do we need to have bate process on this important Energy The PRESIDING OFFICER. Under dozens and dozens of duplicative pro- bill, we have seen some good, strong the previous order, the Senate will re- grams to build this out? That is what amendments. I mentioned some al- sume consideration of S. 2012, which that amendment addressed. ready. We have had amendments from the clerk will report. We also approved an amendment both parties. We have had them offered The legislative clerk read as follows: from Senators INHOFE, MARKEY, and by Members from all areas of the coun- BOOKER to renew a brownfields restora- try. We have seen some particularly A bill (S. 2012) to provide for the mod- ernization of the energy policy of the United tion program run by the EPA. good ones that focus on hydropower. I States, and for other purposes. So we did OK yesterday, approving wish to take a few moments this morn- eight amendments by voice votes, ing to speak about hydropower and the Pending: which is not bad for a Monday around amazing supply source that hydro- Murkowski amendment No. 2953, in the na- here when we were not scheduled to power provides for our Nation. ture of a substitute. Hydropower harnesses the forces of Murkowski (for Cassidy/Markey) amend- have votes, but I think we can do bet- ment No. 2954 (to amendment No. 2953), to ter than that. I think we can pick up flowing water to generate electricity, provide for certain increases in, and limita- the pace, and we are ready to do that. and it has many virtues as an energy tions on, the drawdown and sales of the Stra- We will have two rollcall votes that resource. It is not only emissions free tegic Petroleum Reserve. are scheduled for 2:30 this afternoon. and renewable, it is also capable of pro- Murkowski amendment No. 2963 (to amend- The first one is an amendment by the ducing stable, reliable, and affordable ment No. 2953), to modify a provision relat- Senator from Utah, Mr. LEE, amend- base power. How about that: stable, af- ing to bulk-power system reliability impact ment No. 3023, and it would limit Presi- fordable, and reliable base power. It is statements. dential authority to permanently with- emissions free. It is renewable. It is not The PRESIDING OFFICER. The Sen- draw Federal lands as national monu- defined yet as renewable, and we ad- ator from Alaska. ments. This is an issue that I have dress that in this bill. Right now, hy- DRUG ADDICTION joined the Senator from Utah on, as dropower produces about 6 percent of Ms. MURKOWSKI. Mr. President, be- well as many Senators from around the our Nation’s electricity and nearly half fore I begin my remarks this morning West, who have concerns that we would of our renewable energy. That is more

VerDate Sep 11 2014 23:38 Feb 02, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.014 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S461 than wind and solar combined and who is the founder of the ClearPath that end up increasing electricity rates and enough electricity to power some 30 Foundation. It is called ‘‘Stop Wasting slowing hydropower’s expansion. million American homes. America’s Hydropower Potential.’’ It Fortunately, Congress has stepped in to Up in Alaska, hydropower provides— ran in the New York Times last month, get hydropower development back on track. the number is right about 24 percent of Legislation in both chambers, including a and we have gotten some pretty good, measure in the Senate that was approved by our electricity. It provides energy for positive comments. I ask unanimous a bipartisan vote in committee, would direct communities throughout the State, consent that this op-ed be printed in agencies to expedite the permitting of new most notably in the southeastern part the RECORD. projects and the relicensing of existing ones, of the State where I was born and There being no objection, the mate- and would advance the use of hydropower na- raised. It is very significant there. It is rial was ordered to be printed in the tionwide. But while Congress has chosen to lead on also in what we call the railbelt area. RECORD, as follows: this important issue, President Obama has It is an amazing contributor to our [From the New York Times, Jan. 14, 2016] State’s energy base. We continue, threatened to veto the House bill, claiming STOP WASTING AMERICA’S HYDROPOWER though, to have vast potential with it would undermine environmental safe- POTENTIAL guards. The challenge is finding a way to hundreds of sites in Alaska alone just (By Lisa Murkowski and Jay Faison) bring state and federal agencies to the table waiting to be developed. We are a lead- with the applicants at the beginning of the er on hydropower, but we are hardly President Obama has described climate change as one of the biggest challenges fac- process so they can identify potential prob- alone in having untapped potential. ing our country and has said he is open to lems and coordinate environmental reviews. According to an official from the De- new ideas to address it. He can start by sup- The legislation would not change the author- partment of Energy who testified be- porting legislation to increase the nation’s ity of federal agencies to impose environ- fore the energy committee back in 2011, hydropower capacity, one of our vital renew- mental conditions. our country could realize ‘‘an addi- able energy resources. There is much more that we can do. Up- tional 300 gigawatts of hydropower Hydropower harnesses the force of flowing grading existing dams is just one of the ap- water to generate electricity. It already pro- proaches that holds big promise. Coordi- through efficiency and capacity up- nating hydropower projects on a regionwide grades at existing facilities, powering duces about 6 percent of the nation’s elec- tricity and nearly half of its renewable en- basis might allow for permitting on a more nonpowered dams, new small hydro de- timely basis and provide better opportunities velopment, and pump storage hydro- ergy, more than wind and solar combined. This is enough electricity to power 30 mil- for environmental mitigation. There is also power.’’ lion homes and, according to the Department tremendous potential for electricity genera- So let me repeat what that really of Energy, avoids some 200 million metric tion using new marine hydrokinetic tech- means: An additional 300 gigawatts of tons of carbon dioxide emissions each year. nologies that convert the energy of waves, hydropower, not through some big That amounts to taking about 40 million tides and river and ocean currents into elec- megadam but through efficiency, cars off the road for one year. tricity. And it is important to recognize the through capacity upgrades at existing But we could be doing much more to har- huge, untapped potential for hydropower in Alaska. facilities, powering up our nonpowered ness the huge potential of hydropower, even without building new dams. With hydropower, Congress has given the dams, new small hydro development— president an opportunity to address climate we see a lot of that in Alaska—and For instance, only 3 percent of the nation’s 80,000 dams now produce electricity. Electri- change and ‘‘bridge the divide’’ between par- pump storage hydropower. With that, fying just the 100 top impoundments—pri- ties. If he is serious about expanding the use 300 gigawatts of additional power. marily locks and dams on the Ohio, Mis- of clean, renewable energy, he should at last Putting it into context, 1 gigawatt sissippi, Alabama and Arkansas Rivers that give hydropower the attention it deserves in can power hundreds of thousands of are operated by the Army Corps of Engi- his final year. homes. We have an estimated 300 neers—would generate enough electricity for gigawatts of potential hydropower—a nearly three million more homes and create [From the Register-Guard, Jan. 20, 2016] huge benefit to our country in terms of thousands of jobs. PRESERVE HYDRO ASSETS what we could get from our hydro re- And upgrading and modernizing the tur- On Sept. 29, 1963, a crowd of 1,800 people sources, and it will not take much to bines at existing hydropower dams could gathered near the headwaters of the start taking advantage of it. That is yield a similar amount of additional elec- McKenzie River for the dedication of the Eu- tricity-generating capacity. gene Water & Electric Board’s Carmen Smith the beauty of it. Despite the benefits of this technology, project. A band played, box lunches were It may surprise some to know that American hydropower development has served, Gov. Mark Hatfield spoke and power right now only 3 percent of our Na- stalled because of government red tape and flowed from a hydroelectric complex for tion’s existing 80,000 dams around the environmental opposition. Less capacity has which Eugene voters had approved a $23.5 country currently produce electricity. been added each decade since the 1970s, even million bond issue three years earlier. Just 3 percent of 80,000 dams that are as our infrastructure ages. Half of our plants Carmen Smith has been generating elec- already out there are producing elec- use turbines or other major equipment de- tricity ever since, and now its license to op- tricity. Think about what we could do signed and installed more than 50 years ago. erate on a public waterway needs to be re- if we electrify just the top 100—just the At the heart of the problem is a broken newed. EWEB submitted its relicensing ap- federal permitting process that has created top 100 out of 80,000. We could generate plication to the Federal Energy Regulatory an unnavigable gantlet for hydropower Commission 10 years ago. The relicensing enough electricity for nearly 3 million projects. While mandatory environmental re- process—along with improvements to the more homes and create thousands of views must be stringent to protect water- project, most of them related to fish pas- jobs. Meanwhile, simply upgrading the ways and wildlife, federal bureaucrats insist sage—will cost an estimated $226 million. turbines at existing hydropower dams on duplicative, sequential processes that ex- It is costing 10 times as much and taking could yield a similar amount of addi- acerbate regulatory uncertainty, delay ap- more than three times as long to relicense tional electric generating capacity. provals and drive up consumer costs. the project as it did to build it in the first We talk a lot about efficiency around Compounding the roadblocks are environ- place. here. Well, let us apply the efficiency mental groups that claim to adhere to sound To be sure, a million dollars isn’t worth with what we have with our existing science but hold remarkably outdated views what it used to be, more is known about the of hydropower and its benefits. Rather than environmental effects of hydroelectric facilities. What most of us agree on is acknowledge technological advances and the projects than was the case half a century that hydropower is a great American environmental safeguards in our laws, these ago, and appreciation of the importance of resource. It is renewable, it is afford- groups have filed lawsuits to dismantle dams the McKenzie River’s fish habitat has grown. able, it is always on, and nearly every or stop their construction. Still, the high cost of relicensing has tipped State has potential in some way. Yet, Add it all up, and it can now take well over the value of the Carmen Smith project into despite all of this—despite the tremen- a decade to relicense an existing hydropower negative territory. Low power prices are to dous benefits that it provides and de- dam. For the California customers of Pacific blame—but another factor is a relicensing spite our tremendous untapped poten- Gas and Electric, relicensing costs have run process that is predicated on the notion that tial—America’s hydropower develop- as high as $50 million a dam—all for the hydroelectric projects are valuable enough privilege of continuing to operate an exist- to carry a heavy load of added costs. ment has stalled. Why? It has stalled, ing renewable energy project. The $226 million price tag for relicensing quite honestly, because of redtape and One-third of the nation’s hydropower dams stems in part from an agreement that EWEB environmental opposition. will require license renewals by 2030. We need negotiated in 2008 with government agencies, This was the subject of a recent op-ed to make this process more efficient by reduc- environmental groups and Native American piece that I cowrote with Jay Faison, ing bureaucratic and administrative delays tribes. The other parties to the agreement

VerDate Sep 11 2014 01:26 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.016 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S462 CONGRESSIONAL RECORD — SENATE February 2, 2016 pledged to support a new license of Carmen right now hydro is providing about 6 in southeastern Alaska, where the an- Smith, and EWEB agreed to retrofit its com- percent of our energy and about half of nual precipitation is something that ponents to improve fish passage and make our renewables. One-third of our Na- would take most people’s breath away. other improvements. With electricity selling If I were to tell the people of Juneau or at $100 per megawatt hour or more, power tion’s existing hydropower projects generated by the Carmen Smith complex will require license renewals by 2030. Wrangell or Ketchikan that what is would easily cover the costs. One-third of the existing facilities are coming out of the sky today is not a In today’s markets, however, electricity is going to have to go through this dec- renewable resource, I would be laughed selling for one-third that amount on a good ade-long relicensing process, which will out of the room. Hopefully we take day—and sometimes, buyers can’t be found cost millions of dollars. What we need care of this and formally designate hy- at any price. Without a reduction in reli- to do is make the relicensing process dropower as a renewable resource for censing costs, Carmen Smith will become a the purposes of all Federal programs. money loser. Parties to the 2008 agreement more efficient by reducing bureau- cratic and administrative delays that We have very good, commonsense are close to accepting a revision that would ideas carefully crafted within our bill. lower the costs by $55 million to $60 million. end up increasing electricity rates, EWEB would close a relatively small gener- slowing hydropower’s expansion, and Our language does not alter the au- ating turbine at the complex’s Trail Bridge actually delaying the adoption of envi- thority of Federal agencies to impose Dam, eliminating the need for a costly fish ronmental mitigation measures. If you mandatory environmental conditions screen. Even with that change, prospects of a are concerned about the environment, or weaken the stringent environmental positive cash flow from Carmen Smith are review process. For those who are you ought to be interested in making dicey. afraid that somehow or another we are sure we have a better process because if EWEB is not the only utility whose hydro- going to run roughshod over the envi- we fail to improve the relicensing proc- electric plants are being weighed down by re- ronmental regulators, that is not the licensing costs. One-third of the nation’s ess, we are going to start losing hydro- case. What we are doing is, through ef- dams will need new licenses by 2030. These power projects, and we will backslide are mostly dams whose construction bonds ficiency, streamlining, and some co- as other forms of generation replace ordination, we are going to be able to have long been paid off, an advantage that them, just as we are seeing with nu- until recently allowed the relicensing proc- make a difference in our Nation’s abil- ess to become a vehicle for the addition of clear power in some parts of our coun- ity to develop hydropower, and that is environmental, recreational and other im- try. We are going to go backward. why the members of the Energy and provements. In some cases, such improve- Whether your issue is climate change Natural Resources Committee over- ments are no longer affordable. In other or whether it is electric reliability or whelmingly supported the hydropower cases, the costs of licensing acts as a barrier just good, affordable energy, we should to the electrification of dams or other im- provisions in the bill we have before us be able to agree that this is a situation today. poundments, blocking the development of a we want to avoid. We do not want to be reliable, carbon-free power source. There is always more good news we Many hydro projects need environmental going backward on this. can add. We have looked at the amend- upgrades, and should not be relicensed with- Coming from Washington State, Sen- ments other Members have offered. We out them. But the process should not drag on ator CANTWELL understands and clearly have already accepted an amendment for a decade, and it ought to recognize the appreciates the value of our hydro- from Senator DAINES to extend the environmental benefits of hydropower—bene- power resources. I have been very deadline for the relicensing of a hydro- fits in danger of being buried under a moun- pleased to be able to work with her on power project in Montana. We also tain of relicensing costs. many of these initiatives, as well as have a number of other amendments Ms. MURKOWSKI. At the heart of with many other members of our com- from other Members from both sides of the problem is a broken Federal per- mittee, on some of the bipartisan re- the aisle, and I am hoping we will be mitting process that has created an forms we have contained within the able to add them to the bill. For exam- unnavigable gauntlet for our hydro- Energy Policy Modernization Act. ple, Senator GILLIBRAND has filed an power projects. It can now take well What we realize is that our current amendment to extend the deadline for over a decade to relicense an existing policies are holding this resource back a hydroproject in her home State of dam. I will say it again. We are not and that we need to update, we need to New York. Senator BURR has filed an talking about licensing a new dam; we modernize them, if we ever want to amendment to extend the deadline of a are talking about relicensing an exist- harness the amazing potential of do- hydroproject in his home State of ing dam—a process that can take over mestic hydropower. Our joint hydro- North Carolina. Senator KAINE has a decade. For the California consumers power language attempts to bring filed an amendment to extend the of Pacific Gas and Electric, relicensing State and Federal agencies to the table deadline for hydroprojects in his State costs have run as high as $50 million with the applicants at the beginning of of Virginia. All of these projects would per dam simply to continue an existing the process so they can identify where add power to nonpowered dams. These project. We are not building anything the potential problems may be and co- projects already have licenses, but new. We want to relicense it. It is cost- ordinate environmental reviews. what they need is more time to deal ing $50 million and taking over 10 Because hydropower licenses are with the technical and regulatory years. issued by the FERC, our bill authorizes issues that often arise before construc- There was a recent editorial in a Eu- the Federal Energy Regulatory Com- tion can begin. gene, OR, newspaper, the Register- mission to be the lead agency so they We have a fair number of our western Guard, which called for the preserva- set a schedule and they coordinate all Members who are understandably tion of hydropower assets, and it noted the needed Federal authorizations. The prioritizing hydropower. Senator BAR- that the existing Carmon Smith schedule is to be established on a case- RASSO is filing an amendment to au- project has been mired in the reli- by-case basis, in consultation with thorize the use of active capacity of censing process for over 10 years, with other agencies, and if a resource agen- the Fontenelle Reservoir in southwest a pricetag estimated at $226 million. It cy then cannot meet a deadline, the Wyoming. Senators FLAKE and FEIN- amounts to 10 times as much and 3 White House Council on Environmental STEIN have come together with a pretty times as long as it took to build the Quality is then tasked with resolving good amendment to improve the way project when it was constructed in 1963. these interagency disputes. the Army Corps of Engineers operates What is wrong with this picture? Tak- In terms of a step that is long over- dams to increase their efficiency. Is ing 10 times as much—requiring 10 due, we formally designate hydropower this not just good common sense? times as much money—$226 million— as a renewable resource for the purpose It probably comes as no surprise that and taking 3 times as long to build as of all Federal programs. I have a couple of amendments that when they built that project back in When I first came to the Senate some will benefit Alaska, including one that 1963. We are going in the wrong direc- years ago and focused on energy issues, will expand the existing project at Ter- tion. This is not progress. We are head- I just really had a hard time with the ror Lake and allow the local commu- ed exactly in the wrong direction. fact that hydropower was not consid- nity there—Kodiak—to remain powered We can change that. Let us put it in ered a renewable resource. almost entirely by renewable energy. the context of what we have existing in I was born in Ketchikan, AK. It is in Right now they are 99.7 percent pow- this country right now. I said that the middle of a rainforest. I was raised ered by renewable energy between wind

VerDate Sep 11 2014 01:26 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.002 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S463 and their hydrocapacity. We want Again, I thank our colleagues for a Sputnik moment—an opportunity to them to get to that full 100 percent. turning their focus to this. I thank my rise to the challenge and defeat the Finally, I want to recognize the Sen- colleague for outlining where we have threat of climate change. In response ator from Massachusetts, Mr. MARKEY, already been on the bill as it relates to to Sputnik, we mobilized American in- who has a proposal to encourage the the amendments we adopted last night genuity and innovation. We ended up development of pumped storage hydro- and the continued progress. I think it not just winning the space race and power assets—one of the best ways to comes down to the fact that as our sending a man to the Moon, we did all store baseload power and a technology economy changes, energy production sorts of great things for the American that could help to smooth out the needs to have the attention of our com- economy and for our society. intermittency of other renewable re- mittee. We need to continue to be able By rising to the challenge of climate sources. We are working on that one— to help empower this transformation change, we can bet again on American checking it out—but it looks good. that our economy is seeing on energy, ingenuity. We have the opportunity These are good proposals. As we con- and working together in a bipartisan not just to clean up our air but also to tinue our voting and clearing process fashion helps us to get there. It is good drive innovation and create jobs. That here today, I am confident we will be for our homeowners, it is good for busi- is why I am offering my American En- able to accept many more of them. nesses, and it is good for our economy. ergy Efficiency Act as an amendment Again, I want to acknowledge the With that, I yield the floor and en- to this bill. This amendment, which is work and partnership I have with Sen- courage our colleagues to support my cosponsored by Senators HEINRICH, ator CANTWELL on many of these hydro WARREN, and SANDERS, establishes a colleague Senator FRANKEN on his issues. Her State certainly enjoys the EERS amendment we will be voting on national energy efficiency standard benefit of lower cost energy because of shortly. that requires electric and natural gas the investments made in hydro. The PRESIDING OFFICER. The Sen- utilities to help their customers use We have more work ahead of us. I ator from Minnesota. their electricity more efficiently. This know Members are anxious to talk on Mr. FRANKEN. Mr. President, I ask is something that 25 States are already their amendments that they may have unanimous consent to speak for up to doing, and what those programs have an interest in moving toward this 15 minutes. shown us is that energy efficiency afternoon, but this Senator is glad to The PRESIDING OFFICER. Without standards work. be back on the bill, and hopefully we objection, it is so ordered. Our amendment will send market sig- will have an exciting and energetic Mr. FRANKEN. Thank you, Mr. nals that we are serious about energy day. President. efficiency. It will unleash the manufac- With that, I yield the floor to my I rise today to talk about the impor- turing and deployment of all kinds of ranking member. tance of updating our Nation’s energy energy-efficient products throughout The PRESIDING OFFICER. The Sen- our economy. It will help households policy. I thank Chairwoman MUR- ator from Washington. and businesses save money on their Ms. CANTWELL. Mr. President, I KOWSKI, Ranking Member CANTWELL, and their staffs for their hard work in electricity bills. According to the want to thank my colleague from Alas- American Council for an Energy-Effi- ka for her focus on the hydropower crafting a bipartisan energy bill. Congress hasn’t passed a comprehen- cient Economy—the experts in energy bills we may be considering here, and I efficiency who rated the energy savings am thankful for the focus from all my sive energy bill since 2007, and a lot has changed in the energy sector since in the Portman-Shaheen bill—our colleagues on hydropower and ways we amendment will generate more than can continue to improve the efficiency then. We have seen a transformation in renewable energy. Electricity genera- three times the energy savings of the of our resources and make sure we are entire Portman-Shaheen energy effi- tion from wind power has grown by continuing to diversify. ciency title in the base bill. By the more than 400 percent. Wind energy I think we have outlined a good plan year 2030, our amendment will generate now supplies electricity for 20 million for today. Obviously we need the co- 20 percent energy savings across the Americans. The growth of solar energy operation of our colleagues to keep country and result in about $145 billion is equally impressive. In its early days, moving forward on this legislation. We in net savings to consumers. are going to have a couple of votes. solar power was known for powering Our amendment is modeled on the ex- I am so pleased my colleague from satellites and space stations. Now we perience of States that have adopted Minnesota is here to talk about one of are seeing residential and utility-scale energy efficiency standards. In fact, our first votes, a federal energy effi- solar power becoming important com- the first State to adopt efficiency ciency resource standard. He has been ponents of the grid. Since the passage standards was Texas. Similar programs a leader on this issue. of the last Energy bill in 2007, our solar have been adopted by both red and blue Yesterday I outlined some of the generation capacity has increased more States. What we have seen with these great States in this Nation that have than 2,000 percent. During that time, programs is that they work. They are already adopted what are called energy the cost of solar energy has dropped saving energy, and they are saving con- efficiency resource standards, which more than 60 percent. We have to build sumers money, both in businesses and have shown great success in helping to on these trends and reorient our energy homes. save energy and driving down demand, sector toward a clean energy future. My State of Minnesota passed its en- thereby saving money for both busi- Comprehensive energy legislation ergy efficiency standards under a Re- nesses and homeowners. I think it is needs to promote innovation, deploy publican Governor—Governor Tim something that will also receive a lot clean energy technology, and create Pawlenty—in 2007. We have a goal of 1.5 of enthusiasm as we move forward. good-paying jobs. percent annual energy savings, and we I know that we have many ideas; that The bipartisan Energy bill we are don’t just meet that goal, we exceed it. is what I like about this Energy bill— currently debating is an important These energy efficiency standards also it was bipartisan coming out of the step forward. It improves our Nation’s send a market signal to companies to committee, and so far it has been bi- energy efficiency through common- innovate and deploy energy savings partisan on the Senate floor in working sense measures, such as updating build- technologies. out these issues. I hope my colleagues ing codes. It invests in energy storage, The State of Arkansas set its energy will understand that there will be a which will turn intermittent renewable savings targets in 2011, and according point where we do have to move off of energy into baseload power. It also to the Arkansas Advanced Energy this bill. Hopefully, with the coopera- helps States and tribes to access funds Foundation, the program has generated tion of Members, we can make a great to deploy more clean energy tech- $1 billion in sales by energy efficiency deal of progress today on additional nologies. These are good measures, and companies. The standard has also votes besides the two that are pending, that is why I voted to support this bill helped create 9,000 well-paying jobs in set more votes for later this evening, out of the energy committee. the State. The program has been so and also continue the process of get- However, the current bill does not go successful that the State public service ting some of these other issues resolved far enough to fight the challenge of cli- commission recently extended the en- in the meantime. mate change. Climate change presents ergy efficiency goals through 2019.

VerDate Sep 11 2014 01:26 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.018 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S464 CONGRESSIONAL RECORD — SENATE February 2, 2016 Arizona implemented its energy effi- been increased costs associated with sidy amendment, which would increase ciency savings targets in 2011. Just 3 supporting this increased traffic, addi- revenue sharing for States for offshore years after its implementation, Ari- tional use of local and State resources, and oil and gas development. zona went from being 29th to the 15th as well as transportation corridors— Revenue sharing is a critical issue most energy-efficient State in the such as pipelines, vessels, and trucks— that I have advocated with others for country. Through the program, utili- to get this energy delivered to those many years, certainly including Sen- ties have saved electricity equivalent consumers driving vehicles all across ator CASSIDY, his predecessor, and to powering 133,000 homes for 1 year. the United States. Committee Chair MURKOWSKI. I am Businesses and residents have already Maybe most importantly, in addition pleased that our coalition in support of saved $540 million from reduced energy to the critical areas that support this this strong, positive concept has grown and water usage. These savings put energy supply, in my State in par- in recent years and it now includes col- more in people’s pockets. That means ticular we are experiencing unparal- leagues from the mid-Atlantic States. I more money to buy groceries, a new leled land loss due to Federal decisions am particularly pleased that that is car, or to pay for college. as to how the lower Mississippi River evidenced by this amendment being The States have shown that energy will be channeled for the benefit of the supported and coauthored by the two efficiency standards work. We should inland country as well as those efforts Senators from Virginia and Senator learn from Pennsylvania, Illinois, Colo- associated with this oil and gas devel- SCOTT. rado, and 22 other States and bring this opment. We can see the effects of this Revenue sharing with oil and gas pro- successful experiment to the whole unparalleled land loss. When Hurri- ducing States is, No. 1, fair to those country. canes Katrina and Rita hit our coast, States that incur real environmental I again applaud the efforts of Senator there was no longer the wetlands that and other costs due to production ac- MURKOWSKI and Senator CANTWELL in buffered the impact of tidal action. tivity that benefits the Nation; and, bringing this bipartisan Energy bill to Those wetlands eroded, so those hurri- No. 2, it is good, positive pro-American the floor. canes hit with greater force, causing energy policy. I urge my colleagues to support my greater damage to our State. After It is fair because, again, energy-pro- amendment when it comes to a vote Hurricane Katrina, you only have to ducing States incur costs and impacts this afternoon. My amendment will remember those news reports from New from that production, including envi- make this good piece of legislation Orleans to understand how devastating ronmental costs. Those States need to stronger. It will reduce emissions. It that could be—all related to decisions be properly compensated to deal with will save Americans money. It will un- made by the Federal Government. those real costs and impacts. leash clean energy innovation and jobs Addressing these historic costs of Secondly, and just as importantly, throughout the Nation. I urge all of my hosting a capital-intensive industry, this is positive, productive policy that colleagues to vote yes on this amend- while ensuring resilient domestic en- furthers pro-American energy agenda. ment and to bet on our future. ergy supply, can be obtained only It encourages the production of Amer- This is a Sputnik moment. When we through equitable revenue sharing. ican energy. It incents domestic drill- responded to Sputnik, we did amazing What Louisiana does under our State ing and activity and domestic energy things. This is a piece of it. I urge my constitution with any revenue that is production over the long term. That colleagues to support my amendment. shared from the Federal Government energy production is essential to job I suggest the absence of a quorum. related to drilling off the coast of the creation and an overall healthy econ- The PRESIDING OFFICER. The Gulf of Mexico—100 percent is dedi- omy. If it weren’t for the oil and gas clerk will call the roll. cated to coastal restoration; 100 per- jobs that accompanied the energy sec- The legislative clerk proceeded to cent is dedicated to restoring the wet- call the roll. tor boom earlier this decade, we would lands that would prevent another Hur- still be in a technical recession. Mr. CASSIDY. Mr. President, I ask ricane Katrina from devastating New One point I wish to emphasize is that unanimous consent that the order for Orleans or any other coastal commu- many of those jobs have been created the quorum call be rescinded. nity in our State. The PRESIDING OFFICER. Without There are other benefits for the rest by small firms in the oil and gas serv- objection, it is so ordered. of the country. This amendment that ices industry and support sectors. Mr. CASSIDY. Mr. President, I speak we have filed would increase funding These small business jobs are some- on amendment No. 3192, which is revo- for the Land and Water Conservation thing I have highlighted in my role as lutionary. At some point I will yield to Fund by over $600 million, so the rest chair of the Committee on Small Busi- my colleague the Senator from Lou- of the country benefits as well. ness and Entrepreneurship. isiana to further discuss this amend- This amendment brings greater eq- This amendment before the Senate, ment. uity in revenue sharing with the gulf the Cassidy amendment, would in- Mr. President, the amendment I filed States by lifting the Gulf of Mexico En- crease revenue sharing for gulf States, today is a byproduct of the work and ergy Security Act, or the GOMESA and it would establish revenue sharing bipartisan agreement of members rep- revenue sharing cap, while allowing for new production from Alaska, Vir- resenting the gulf, the Atlantic, and mid-Atlantic States and Alaska to ginia, North Carolina, South Carolina, the Arctic regions of our country. I share in future revenue from offshore and Georgia. This is a clear gain for specifically thank Senators MUR- energy production. All energy-pro- those States and those regions. But, KOWSKI, WARNER, SCOTT, VITTER, ducing States deserve to share the rev- more importantly, it is a clear gain for KAINE, and TILLIS for their contribu- enue derived from energy developed the country because in the medium and tions in our efforts to bring greater eq- both onshore and offshore. Responsible long term, we will get more American uity revenue sharing from funds de- revenue sharing allows States hosting energy production and be more self-suf- rived from offshore energy production. energy production to mitigate for the ficient. For years, energy activities in coast- historic and prospective infrastructure Let me be clear what revenue sharing al gulf States and adjacent offshore demands of energy production and al- means for States such as my home of waters have produced billions of bar- lows States to make strategic invest- Louisiana. In Louisiana we spend 100 rels of oil and trillions of cubic feet of ments ensuring future generations of percent of those revenues on valid envi- natural gas for American energy con- resiliency for this vital infrastructure ronmental works, specifically coastal sumers. The States along the gulf coast and natural resources. restoration. and the Arctic, et cetera, have sup- Mr. President, I yield to my col- We lose a football field of land in ported offshore energy development for league from Louisiana, Senator VIT- Louisiana’s coastal area—just in coast- the rest of the country, providing the TER, for his thoughts on this issue. al Louisiana—every 38 minutes. Think support for and paying for the infra- Mr. VITTER. Mr. President, I thank about that. Close your eyes, and pic- structure needed to bring this energy Senator CASSIDY. ture a football field losing that amount to market. With all of this develop- Mr. President, I also rise in strong of Louisiana coastal land every 38 min- ment, as you might guess, there have support of this amendment, the Cas- utes, 24 hours a day, 7 days a week, 52

VerDate Sep 11 2014 01:26 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.019 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S465 weeks a year, with no time off for holi- The PRESIDING OFFICER (Mrs. taking 22 million cars off the road, and days or weekends. This is our most sig- FISCHER). The clerk will call the roll. save consumers $16 billion a year. And nificant environmental issue by far in The bill clerk proceeded to call the it does this with absolutely no man- Louisiana, so our State has committed roll. dates. itself to spending all of the money we Mr. PORTMAN. Madam President, I Critical to the negotiation of this receive from revenue sharing to restor- ask unanimous consent that the order legislation has been the joint effort be- ing, rebuilding, and stabilizing our for the quorum call be rescinded. tween Senator PORTMAN and myself, coast. The PRESIDING OFFICER. Without and between our staffs, to work out This is vitally important for us. It is objection, it is so ordered. with stakeholder groups the concerns also vitally important for the rest of Mr. PORTMAN. Madam President, I they had in the energy efficiency legis- the country because Louisiana supplies will be speaking later, as we are ex- lation and to come up with com- so much energy to the rest of the coun- pecting Senator SHAHEEN from New promises that we all thought not only try—so many fisheries, fish, and sea- Hampshire. helped build support for the legislation food to the rest of the country. Our I suggest the absence of a quorum. but that actually make it a better bill. ports in the midst of that coastal area The PRESIDING OFFICER. The So on buildings, which use about 40 are vital to trade and commerce for the clerk will call the roll. percent of our energy in this country, rest of the country. The bill clerk proceeded to call the the proposals in our legislation would What this amendment does is expand roll. improve energy savings by strength- revenue sharing to Alaska and the mid- Mrs. SHAHEEN. Madam President, I ening outdated model building codes to Atlantic States. Between 2027 and 2031, ask unanimous consent that the order make new homes and commercial those States would receive 37.5 percent for the quorum call be rescinded. buildings more energy efficient. Again, of revenue sharing from oil and gas The PRESIDING OFFICER. Without I point out that it does that without production off of their coasts, which is objection, it is so ordered. any mandates. It is a carefully crafted what Louisiana and the Gulf States re- Mrs. SHAHEEN. Madam President, I agreement that has been negotiated ceive now. am delighted to be on the floor today, with everyone, from the home builders The amendment would also lift the again, with my good friend from Ohio, to the realtors to a number of our cap on revenue sharing that the gulf Senator PORTMAN, to discuss our en- friends in labor. So I think this is a States are burdened with under the ergy efficiency bill, the Energy Savings compromise, and the language in the GOMESA act of 2006. Under that law, and Industrial Competitiveness Act, bill is a compromise for which there is revenue sharing with gulf States is which is almost entirely now a part of broad support. capped arbitrarily at $500 million a the broad Energy Policy Modernization The bill also encourages energy effi- year, but in those operative years of Act that is on the floor today. ciency in the industrial sector, which this amendment, that would be in- The Energy Policy Modernization consumes more energy than any other creased to $1 billion a year. Act is a broad bipartisan approach to sector of our economy. Again, the pro- Revenue sharing is vital when it improve our Nation’s energy policies visions in the legislation would encour- comes to adequately compensating the on efficiency, infrastructure, supply, age the private sector to develop inno- States that incur costs and impacts, so and accountability. I wish to thank the vative energy efficient technologies for it is vital for fairness. But, again, it is chair of the energy committee, Senator industrial applications and to invest in vital to encourage more American en- MURKOWSKI, and Ranking Member a workforce that is trained to deploy ergy production and more self-suffi- CANTWELL for the good work they have energy efficiency practices to manufac- ciency. For our Nation—not just the done to put together this bipartisan turers, and they would encourage the States impacted—that means growth, piece of legislation that is going to ad- Department of Energy to work more and that means energy independence. dress a number of our energy chal- closely with stakeholders on commer- That is a win, in fact, for our foreign lenges and also permanently reauthor- cialization of new technologies. policy—less dependence on unstable ize the Land and Water Conservation Finally, the energy efficiency piece and sometimes very unfriendly nations Fund. Now, as I said, a fundamental of this legislation would encourage the in the Middle East. component of this bill started out as Federal Government, the Nation’s larg- We want to continue to play a crit- Shaheen-Portman. Now we call it est energy consumer, to adopt more ef- ical role in meeting America’s energy Portman-Shaheen. But as my col- ficient building standards and tech- needs. We want to do that in Lou- leagues know, Senator PORTMAN and I nologies, such as smart meters. With isiana; other States want to do that. have been working on this energy effi- stronger efficiency standards for Fed- This amendment and this concept will ciency legislation since we first intro- eral facilities, we can save taxpayers very much encourage us to do that and duced it in 2011. millions of dollars. continue to forge a path of American I am a proponent of energy efficiency Senator PORTMAN and I have intro- energy independence, which is great for because it is the easiest, cheapest way duced our bill three times. Each time, economic growth. to reduce energy costs, to combat cli- this legislation has received broad bi- I wish to briefly take a moment to mate change, and to create private sec- partisan support from our Senate col- compliment my colleague from Lou- tor jobs. In addition to being afford- leagues, broad bipartisan support in isiana, Senator CASSIDY. He has worked able, energy efficiency benefits aren’t the energy committee, and it has re- very hard on this issue, this amend- confined to a certain fuel source or to ceived strong support from a diverse ment, and other critical energy issues a particular region of the country. You group of stakeholders—everyone from as a member of the energy committee can like efficiency if you are a sup- trade associations and the U.S. Cham- and also before that as a Member of the porter of fossil fuels or if you are a sup- ber of Commerce to the National Asso- House of Representatives. I am very porter of new alternative energies. ciation of Manufacturers, labor organi- grateful for this opportunity to work Our piece of this comprehensive bill zations, and the environmental com- with him on this amendment and this represents nearly 5 years of meetings, munity—all, I think, because efficiency concept that we have been working on negotiations, compromise, and broad is something that we can all agree on. and furthering for some time. stakeholder outreach. The end result is At long last, I am excited to see that I urge all of my colleagues to support an affordable, bipartisan approach to the full Senate is again taking up this this commonsense, pro-American en- boost the use of energy efficiency tech- legislation as part of a bigger, more ergy, pro-American jobs amendment. nologies in manufacturing, in build- comprehensive bill. This will move us in the right direction ings, and across the Federal Govern- Before I turn it over to Senator for energy independence, for economic ment. PORTMAN, who is here, I would also growth, and for a sound foreign policy According to the American Council point out that two other provisions I that decreases our reliance and depend- for an Energy-Efficient Economy, when have been working on are included in ence of any sort on nations in the Mid- fully implemented, our efficiency bill this comprehensive bill. One is smart dle East. will create nearly 200,000 jobs, reduce manufacturing legislation, which uses I suggest the absence of a quorum. carbon emissions by the equivalent of technology to integrate all aspects of

VerDate Sep 11 2014 01:26 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.021 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S466 CONGRESSIONAL RECORD — SENATE February 2, 2016 manufacturing so that businesses can aging. We have to look around and say: it lets us say to other countries in the manufacture more while using less en- What can we do to help to get this world that we are going to be energy ergy. The other provision deals with economy moving again? One area is en- independent and not subject to the grid integration, because, as we know, ergy. There is no question about it. We dangerous and volatile parts of the this is one of the issues that the com- believe our legislation will help. It is world where our energy comes from. mittee took up as part of this bill: How going to create jobs. We have the num- We are going to be a net exporter over do we address our aging transmission ber out there, as Senator SHAHEEN time. Energy efficiency helps us to be and distribution infrastructure? The talked about, and just under 200,000 able to do that. grid integration bill will ensure the jobs could be created by our legisla- Our trade deficit is driven by a cou- broader deployment of clean and effi- tion. We have an analysis that shows ple things. I am a former U.S. Trade cient technologies, such as solar, com- this. But this broader energy bill would Representative, and, yes, countries like bined heat and power, and energy stor- also help. That is one reason we need China and other countries aren’t play- age. I think that is important to to move forward on this. ing by the rules. That is a problem, and strengthen this Nation’s energy secu- We are grateful that our legislation we need to address that. But another rity. is part of this broader bill called the one is energy. We still do need to bring Finally, I will close by saying that Energy Policy Modernization Act. This in more energy than we are exporting. the Senate is working this week on a legislation is one that Senator MUR- That is an opportunity for us to help comprehensive energy bill for the first KOWSKI and Senator CANTWELL have our economy overall with efficiency time since 2007, if it becomes law. been talking about on the floor. I sup- and to help improve our trade deficit, Since then, we have seen a dramatic port that broader legislation, also, as which improves our environment. change in our economy, and we have does Senator SHAHEEN, and we like it Senator SHAHEEN talked about im- seen a dramatic change in the world because it is a broader bill that looks proving the environment, but the anal- economy with respect to energy. The at the energy issue as an ‘‘all the ysis she was using is that 21 million United States has greatly reduced our above.’’ In other words, we should be cars being taken off the road is the equivalent savings that is in this legis- energy imports. We are now the world’s using various sources of energy and lation for emissions. That is because of top producer of oil and natural gas. In producing more energy, but we should the energy efficiency. This is an oppor- many places around the world, elec- also be using what we have more effi- tunity for us to be much more energy tricity generated by renewable sources, ciently. efficient in terms of our economy and such as wind and solar, is cheap enough We are delighted that our legisla- be more competitive but also to clean to compete effectively with electricity tion—the Portman-Shaheen legisla- the environment. This is a good exam- generated by fossil fuels. Just at the tion—is title I of this broader bill. This ple. end of the year, we saw more than 180 is an opportunity for us to do some- thing really good for the economy— By the way, it is not a big regulatory countries come together to form a approach, as some other approaches this broader bill, as well as our specific global plan to reduce greenhouse gas are. It doesn’t have any mandates in it, bill. We think our specific bill is really emissions and mitigate the effects of so it is not going to kill jobs. It is actu- climate change. So we are truly experi- important with regard to jobs. One thing I hear back home from our ally going to create jobs and yet help encing a revolution in energy produc- the environment. That is a good com- tion and energy technology. It is way manufacturing companies is that they would like to become more competitive bination for us. It is one we are excited past time for our energy policies in about because it is a way for us to both America to catch up with that revolu- so that they can create more jobs in Ohio and in America. We are starting help the economy and help the environ- tion. ment. That is important too. to bring some jobs back because energy I, again, thank the chair and ranking We are excited about getting this prices are relatively low, natural gas member and the entire energy com- across the finish line because we know mittee, and, again, my colleague Sen- and oil in particular. But one of the it is the right legislation. It is the ator PORTMAN for the great work he issues they are facing overseas is that right time. We think there is an oppor- has done and that we have done to- other countries are more energy effi- tunity for us to actually do something gether to bring this portion of the bill cient and their manufacturing compa- that is bipartisan, something we can to the floor. nies are more efficient. So they are get through the House and get to the I yield to Senator PORTMAN. competing with companies that have a President’s desk for his signature. Mr. PORTMAN. Madam President, I lower cost to produce the same prod- One reason we are excited about the thank my colleague from New Hamp- uct. So one reason they are excited prospects of getting something done is shire, and I tell her that the third time about this legislation—and why the that we have so much support around is the charm. Right? We have had the National Association of Manufacturers the country. There are over 260 trade bill before us twice now. We really is for this legislation and has worked association groups that have now sup- think this is the opportunity for us to with us from the start—is that this ported this legislation. By the way, do something good for our constituents provides them access to new tech- they range from the National Associa- and for our country. This is an oppor- nologies on energy efficiency that will tion of Manufacturers—as I talked tunity for us to pass energy efficiency let them compete globally with other about earlier—to the Sierra Club, to legislation. It will help create more companies and create more jobs. This the Alliance to Save Energy, to the jobs, make the environment cleaner, is going to result in more jobs coming U.S. Chamber of Commerce. That is make our businesses more competitive, to Ohio, more jobs coming to New not a group that normally gets to- make us less dependent on foreign Hampshire, and more jobs coming to gether on legislation. So this is an op- sources of oil, and help with the trade America. We like that about the legis- portunity for us to get a lot of groups deficit because of that. So this is a win- lation. It also has more jobs because involved and focused because it does win for everybody, and, because of these energy efficiency retrofits are make good economic sense, good en- that, I thank Senator SHAHEEN for her going to create more jobs and activity ergy sense, and good environmental work on this. We have been working on here in this country. So as buildings sense. While helping others in the pri- this for 4 years together. The last vote become more efficient, we will need vate sector, the bill does not have man- we had in the energy committee on workers to work on that. We have some dates. I think that is very important. this legislation was a 20-to-2 vote. As training programs in our legislation, This is legislation that provides incen- we have worked on this over time, we for instance, to provide for that work- tives but not mandates. have received more and more support force. So we are going to create more The final piece I want to talk about as people understood what we were jobs. is one that everybody should be for. It doing and why it was so important for As to energy independence, the un- is going to actually help reduce the their States and for our country. derlying bill lets us actually produce costs of the Federal Government and The economic growth in this last more energy here but use it more effi- therefore help us all as taxpayers; that quarter was 0.7 percent, meaning less ciently. I like producing more and is, to take on the Federal Govern- than 1 percent growth. That is discour- using less. It is a nice combination, and ment’s efficiency challenge. We believe

VerDate Sep 11 2014 01:26 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.022 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S467 the U.S. Federal Government is the To Senator MURKOWSKI’s credit, she Senators to try to work in, either largest energy user in the United led the effort to lift the ban on export- through a voice vote or by some ac- States and may well be the largest en- ing crude oil, so now American-pro- ceptance of amendments, provisions ergy user in the world. This is let’s duced energy can be made available on which are designed to improve this leg- practice what we preach. world markets. Just as significantly, islation. My amendments that I want The Federal Government is talking we can make sure our friends and allies to mention now are designed to address about green technologies, energy effi- around the world aren’t captive to peo- Texas’s needs and the American peo- ciency, and so on, but in our own Fed- ple like Vladimir Putin, who uses en- ple’s needs from preventing overreach eral Government we see huge gaps and ergy as a weapon and threatens to cut by the administration, particularly huge opportunities. This legislation off the energy supply, particularly of when it comes to your energy produc- goes after that and specifically puts in those countries in its orbit in the Bal- tion and supply. place requirements for the Federal tics unless they are willing to go along One amendment I have offered spe- Government to be much more efficient with his heavy-handed tactics. cifically targets an upcoming rule of- with how it uses energy. That will This is a very good story. This legis- fered by the Bureau of Safety and Envi- make a big difference in terms of ev- lation will update our energy policies ronmental Enforcement, known as erything we talked about with regard with that reality in mind and enable BSEE. BSEE is an organization that to the environment and the benefits of our country to continue to grow its most people are completely unaware efficiency, but it also helps the tax- role as a leading global energy power. I of, but it is set to hand down a rule re- payer because at the end of the day, we pause here to say that this is not just ferred to as the so-called well control will be spending less on energy for the from people who come from an energy rule that deals with highly technical Federal Government as taxpayers. State as I do, such as from Texas or and complex safety producers for off- It is another part of the legislation Alaska or North Dakota. The energy shore wells. that I think is important and one story is the story of world history in so Certainly, since the BP blowout in where I would hope everybody would be many ways. the Gulf of Mexico, we have become all supportive. Overall, we believe this leg- One of my favorite books is written too aware of the dangers of uncon- islation will save consumers $13.7 bil- by Daniel Yergin, a Pulitzer Prize-win- trolled blowout of offshore drilling, but lion annually in reduced energy costs. ning author. One of the books he has there has been a lot of very important This is a big deal. This is something written is called ‘‘The Prize,’’ which study, work, and education that has that if we can get it through the Sen- tracks the history of the globe and in been acquired since that time. The in- ate this week and get it through the an incredible sort of way, but he makes dustry has done a lot to make itself House and get it to the President for the point that so much of our history safer. his signature, it will make a real dif- has been determined by the need for You can imagine, if you are a pub- ference for the families I represent and licly traded company or if you are not whom all of us in this Chamber have and attempt to gain access to reliable a publicly traded company, you sure the honor to represent. energy supplies and how important don’t want to be in the middle of an- I thank Senator SHAHEEN for her pa- that is not only to our military to be tience over what has been 4, 5 years able to fight and win our Nation’s wars other crisis like we saw with the BP working on this together with me and but to our economy, to the businesses blowout in the Gulf of Mexico for all the good work she has done and others that need access to reasonably priced sorts of reasons: People lost their lives, have done to give us this opportunity energy and to consumers, obviously. cost hundreds of millions of dollars, to be able to help those folks whom we We are seeing the benefit now, those and of course the environmental im- represent with an ‘‘all of the above’’ of us who filled our gas tank recently, pact along the gulf coast, including energy strategy that is good for jobs, of inexpensive gasoline prices because States like Texas. In typical bureau- good for the environment, and good for the price of oil has come down because cratic fashion, the Bureau of Safety the taxpayer. of increased world supply. There comes and Environmental Enforcement, The PRESIDING OFFICER. The ma- a point where it is challenging to the BSEE, has refused to engage in discus- jority whip. industry, but they have been through sions that might help clear up some Mr. CORNYN. Madam President, as ups and downs in the past, and I am confusion among stakeholders. They the Presiding Officer knows, we are sure they will make the appropriate have been unwilling to take the time busy working to complete action on adjustments. to fully vet the negative impact on the Energy Policy Modernization Act. I In this legislation, in addition to ad- their proposed rules and to talk to the want to start by saying some good dressing and modernizing our energy people who know the most about it, words about the leadership of Senator policies, we are doing things such as and that would be the people who MURKOWSKI, the chairman of the en- modernizing the electric grid. That is would be most affected by the rule. ergy committee, and her ranking mem- what keeps the lights on at night and My amendment would require BSEE ber, Senator CANTWELL, who have got- keeps our thermostats working when it to resubmit the rule but first by taking ten us to this point. Unless we drop the is cold and we have snowstorms like we additional comments from stake- ball in the next couple of days, we had in Washington recently. holders, and it would require the rule- ought to be able to wrap up our debate This bill will make our electricity making organization to have addi- and deliberation on this very impor- supply more reliable and more eco- tional workshops with industry experts tant bill that will help our country nomical in the long run. Just like we so everybody can understand what they move forward with energy policies that did with crude oil, this bill will help are trying to accomplish and to do it reflect the times we are living in. expedite the approval process for lique- more efficiently and better. I also think we ought to reflect on fied natural gas exports. It is amazing So often the very people who have what those times are because it was to me to think that a few short years the most expertise are in the industry just a few short years ago when all of ago we were building import terminals the government tries to regulate. I the pundits and experts were predicting that would actually receive natural gas know there is a natural reluctance to peak oil. In other words, all the oil being exported from other countries to try to consult with and learn from the that could be discovered, they said, had being brought to the United States to regulated industry, but the fact is, been discovered and we would then be help us with our energy needs. Now often—and it is true in this case—it is in a period of decline from that point those have been retrofitted and re- that industry that understands the forward. In the United States we also versed so these export terminals are process and both the risks and what found ourselves in the main dependent now exporting American energy to protective measures need to be taken upon imported oil from the Middle markets around the world. in order to accomplish the objective. East. As you know, both of those have I want to spend a couple of minutes So rather than just issuing a rule that turned around. In other words, because talking about some amendments that I is complex and highly technical with- of the innovation and good old all- have offered to the underlying bill. out consulting the stakeholders who American know-how, we are now ex- Again, I must compliment the bill are sitting down and having a reason- porting more energy. managers for working with various able conversation trying to figure out

VerDate Sep 11 2014 01:26 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.024 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S468 CONGRESSIONAL RECORD — SENATE February 2, 2016 what you are trying to accomplish, misinformed about how to actually ac- dent Bill Clinton’s infamous use of the have you thought of this, have you complish consensus goals. Antiquities Act in 1996 to designate as thought of doing it differently or a bet- I yield the floor. a national monument more than 1.5 ter way, that doesn’t happen. Unfortu- The PRESIDING OFFICER. The Sen- million acres of land in southern nately, that is where we are with ator from Utah. Utah—what would become known as BSEE. AMENDMENT NO. 3023 TO AMENDMENT NO. 2953 the Grand Staircase-Escalante Na- In addition, I have submitted an Mr. LEE. Madam President, I call up tional Monument. amendment that protects property my amendment No. 3023. What Utahans remember about this owners along a 116-mile stretch of the The PRESIDING OFFICER. The episode is not just what President Clin- Red River, which borders the States of clerk will report. ton did, but how he did it. Signed into Texas and Oklahoma. This has to do The senior assistant legislative clerk law in 1906, the Antiquities Act gives with another bureaucracy called the read as follows: the President power to unilaterally Bureau of Land Management. A few The Senator from Utah [Mr. LEE] proposes designate tracts of Federal land as years ago, the Bureau of Land Manage- an amendment numbered 3023 to amendment ‘‘historic landmarks, historic and pre- ment claimed to actually own tens of No. 2953. historic structures, and other objects thousands of acres along the Red River. Mr. LEE. Madam President, I ask of historic or scientific interest.’’ The As you can imagine, that came as quite unanimous consent that the reading of purpose of the law is to enable the Ex- a shock to the people who thought they the amendment be dispensed with. ecutive to act quickly to protect ar- owned that property, and now many of The PRESIDING OFFICER. Without chaeological sites on Federal lands them are stuck today fighting the U.S. objection, it is so ordered. from looting, destruction, or van- Government—their government—in The amendment is as follows: dalism. But the Antiquities Act is not sup- court to reclaim the property that is (Purpose: To modify the authority of the rightfully theirs. President of the United States to declare posed to be carte blanche for the Presi- My amendment would help protect national monuments) dent. In fact, it is quite the opposite. these landowners from this massive At the end of subtitle E of title IV, add the The language of the law is clear. It in- land grab. It would require a legitimate following: structs the President to restrict the survey of the land in question to be SEC. 44lll. MODIFICATION OF AUTHORITY TO designation of national monuments conducted and approved by the au- DECLARE NATIONAL MONUMENTS. under the Antiquities Act to the thorities. It seems so commonsensical, Section 320301 of title 54, United States ‘‘smallest area compatible with proper but unfortunately common sense isn’t Code, is amended by adding at the end the care and management of the objects to all that common when you see the bu- following: be protected.’’ So you can imagine the reaucracy at work. With this amend- ‘‘(e) EFFECTIVE DATE.—A proclamation or surprise, and, in fact, the indignation ment, these landowners would finally reservation issued after the date of enact- across the State of Utah following ment of this subsection under subsection (a) get a reasonably efficient means of res- or (b) shall expire 3 years after proclaimed or President Clinton’s decision to annex a 1 olution to this frustrating abuse of reserved unless specifically approved by— stretch of land roughly 1 ⁄2 times the Federal Government power. ‘‘(1) a Federal law enacted after the date of size of the State of Delaware and then Another amendment I have sub- the proclamation or reservation; and to give control over that land to a Fed- mitted would address how States, ‘‘(2) a State law, for each State where the eral bureaucracy that routinely main- counties, and other affected parties land covered by the proclamation or reserva- tains a maintenance backlog that is enter into a conversation about the En- tion is located, enacted after the date of the several billion dollars higher than its dangered Species Act. Too often States proclamation or reservation.’’. multibillion-dollar annual budget. and local communities, not to mention Mr. LEE. Madam President, I ask Even worse than the enormous size of private property owners, are left in the unanimous consent to speak for up to the designation was the Clinton admin- dark while interest groups they don’t an additional 15 minutes. istration’s hostility toward the people know much about conduct closed-door The PRESIDING OFFICER. Is there of Utah and the communities that discussions with Federal authorities objection? would be most directly and severely af- about potential listing of endangered Without objection, it is so ordered. fected by his decision. Not only did species. Mr. LEE. Madam President, if there President Clinton announce the monu- My amendment will give all of the is one thing we know about American ment designation in Arizona—over 100 stakeholders the opportunity to have a politics—if there is one thing we have miles from the Utah State border—but seat at the table and to have a con- learned from the 2016 Presidential race he refused to consult or even notify versation—it doesn’t seem like a lot to thus far—it is that there is a deep and Utah’s congressional delegation until ask—so both the regulators and the growing mistrust between the Amer- the day before his announcement. Con- regulated can talk about the real im- ican people and the Federal Govern- sulting with the people who live and pact those regulations will have on ment. This institution, Congress, is work in the communities around a po- their daily lives and better inform the held in shamefully low regard by the tential national monument area isn’t regulatory process. people we were elected to represent, just a matter of following political eti- These amendments get to different but so, too, are the scores of bureau- quette, it is a matter of ensuring that specific problems, but the common cratic agencies that are based in Wash- Federal land policy does not rob citi- theme uniting them is a desire to try ington, DC, but extend their reach into zens of their livelihood, which is ex- to lessen the interference by the gov- the most remote corners of American actly what happened as a result of the ernment in our everyday lives. By life. Grand Staircase designation. pushing back against overbearing, In my home State of Utah, the Utah’s economy is built on the farm costly regulations that don’t actually public’s distrust of Washington is root- and agriculture industry, and livestock accomplish the goal that even the reg- ed not in ideology, but experience. In is the State’s single largest sector of ulators say they want to accomplish particular, the experience of living in a farm income. But of the 45 million and ensuring that State and local com- State where a whopping two-thirds of acres of rangeland in Utah, nearly munities and stakeholders play a role the land is owned by the Federal Gov- three-quarters is owned and managed in this conversation which should be ernment and managed by distant, un- by the Federal Government. part of the regulatory process, the accountable agencies that are either Since the 1940s, Federal agencies American people would be better indifferent or downright hostile to the have slashed livestock grazing across served by this legislation. interests of the local communities that the Utah landscape by more than 50 As we continue these discussions on they are supposed to serve. I have lost percent—a policy of economic depriva- this bill, I hope my colleagues will con- track of the number of stories I have tion that accelerated after 1996 on sider these amendments and others heard from the people of Utah about rangeland within the Grand Staircase like them to help get the government their run-ins with Federal land man- case. Even today the Bureau of Land out of the way or to help correct the agement agencies, but there is one Management shows no sign of relent- bureaucracy when it is misguided and story that every Utahan knows: Presi- ing.

VerDate Sep 11 2014 02:10 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.026 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S469 For most people, the Grand Staircase that the people of San Juan County re- around national monuments are not episode is a case study of government- ject the presumption that they should prepared to participate in the monu- sponsored injustice and a form of bu- have no say in the management of the ment process and policy process that reaucratic tyranny. For me, it brings land in their community. The truth is leads to the creation of a monument, I to mind the line from America’s Dec- that most of those who have mobilized invite you to visit San Juan County in laration of Independence in which the to support a monument designation at southeastern Utah. You will see a com- colonists charge that the King of Great Bears Ears, including several Native munity that is not only well informed Britain ‘‘has erected a multitude of American groups, live outside of Utah about the issues and actively engaged New Offices and sent hither swarms of in States such as Colorado, New Mex- in the political process, but also genu- officers to harass our people, and eat ico, and Arizona. inely dedicated to finding a solution out their substance.’’ By contrast, the people of San Juan that works for everyone. But for President Obama and the rad- County, UT—the people whose lives The people of San Juan County— ical environmental groups that have and livelihoods are intricately tied to from the Kaayelii to the county com- co-opted Federal land agencies, it is Bears Ears—stand united in their oppo- missioners—have the determination the textbook model for the application sition to a monument designation. that is necessary to forge a legislative of the Antiquities Act. In fact, it ap- That is why I have offered amendment solution to the challenges facing public pears that President Obama is consid- No. 3023, which would update the An- lands in their community, and that is ering using his final year in the White tiquities Act in order to protect the exactly what you would expect. San House to target another vast tract of right of the Kaayelii and their fellow Juan is a hardscrabble community. It land in southern Utah for designation citizens of San Juan County to partici- is one of the most disadvantaged in the as a national monument. Covering 1.9 pate in the government’s efforts to pro- entire State of Utah, but you wouldn’t million acres of Federal land in San tect and preserve public land. know it from the people there. The Juan County, this area, known as Here is how my amendment works: It citizens of San Juan County are hard- Bears Ears, is roughly the same size as preserves the President’s authority to working, honest, decent, and happy the Grand Staircase. Both are situated designate tracts of Federal land as na- people. Yet for far too long, Federal near the southern edge of the State, tional monuments, but it also reserves land management agencies have given and both possess an abundance of na- a seat at the table for people who the people of San Juan County and the tional beauty unrivaled by any place in would be directly affected by Executive people all across America little reason the world. action. It does so by opening the pol- to trust the Federal Government. The similarities don’t end there. icymaking process to the people’s My amendment gives us an oppor- Each area is home to a group of Utah- elected representatives at the State tunity to change that. If Congress ans deeply connected to the Federal and Federal levels so they can weigh in wants to regain the trust of the Amer- land targeted by environmental activ- on monument designations. ican people, we are going to have to ists for a national monument designa- Under my amendment, Congress and earn it, and one of the ways we can tion. In the case of the Grand Stair- the legislature of the State in which a earn it is by returning power to the case, it is the ranchers, and in the case monument has been designated would people, and that is what this amend- of Bears Ears, it is the Kaayelii Nav- have 3 years to pass resolutions ratify- ment would do. Passing this amend- ajo. The Kaayelii believe that a na- ing the designation. If they fail to do ment giving all Americans a voice in tional monument designation in Bears so, the national monument designation the land management decisions of their Ears, their ancestral home, would will expire. Some critics might claim community would be a meaningful and threaten their livelihood and destroy that this amendment would take un- important step toward earning back their very way of life. precedented steps to curtail the Presi- that trust. I urge my colleagues to lend Their concerns are well founded. In dent’s monument designation author- their support to this amendment and the 1920s and 1930s, hundreds of Navajo ity under the Antiquities Act. This is the vital public trust that it will help families settled on homesteads located not true. This, in fact, is nonsense. The us to rebuild. in national monuments only to find truth is that Congress has twice passed I thank the Presiding Officer, and I themselves steadily pushed out by im- legislation amending the Antiquities yield the floor. perious Federal agencies all too eager Act. In 1950, Congress wholly prohib- The PRESIDING OFFICER. The Sen- to eradicate the private use of public ited Presidential designation of na- ator from Washington. lands. So it should come as no surprise tional monuments under the Antiq- Ms. CANTWELL. Madam President, I to us today that the Kaayelii are pro- uities Act in the State of Wyoming. am hopeful that before we go to the testing the unilateral Federal takeover Some 30 years later, Congress passed caucus lunches, we will be able to move of Bears Ears and calling on the Obama another law requiring congressional forward on a few more amendments administration to forgo the high-hand- approval of national monuments in and the scheduling of votes. Hopefully ed approach to land conservation that Alaska larger than 5,000 acres. we will be able to do that in a few min- was employed by President Clinton in If you have ever visited Wyoming or utes. 1996. Alaska, you know that these provisions I suggest the absence of a quorum. The Kaayelii, of course, are not op- have not led to the parade of horribles The PRESIDING OFFICER. The posed to the protection or the con- conjured up by radical environmental clerk will call the roll. servation of public lands. They care activists who seem intent on achieving The senior assistant legislative clerk about the preservation of Bears Ears nothing short of ironfisted Federal con- proceeded to call the roll. just as much as anyone else. To them, trol of all Federal lands. Ms. MURKOWSKI. Madam President, the land is not just beautiful, it is also In reality, the States of Wyoming I ask unanimous consent that the order sacred. They depend on it for their eco- and Alaska have proven that national for the quorum call be rescinded. nomic and spiritual survival, which is monument designations are not nec- The PRESIDING OFFICER. Without why all they are asking for is a seat at essary to protect and conserve Amer- objection, it is so ordered. the table so that their ancestral land ica’s most beautiful, treasured public Ms. MURKOWSKI. Madam President, isn’t given over, sight unseen, to the lands. So why should the people of Wy- we are making some good progress here arbitrary and arrogant control of Fed- oming and Alaska enjoy these reason- in the intervening hours since we came eral land management agencies. able, commonsense protections under to the floor this morning and began I agree with the Kaayelii. The Presi- the law while the people of Utah—and business. dent of the United States has no busi- indeed, the people of every other State Working with the ranking member ness seizing vast stretches of public in the Union—do not enjoy the same on the Energy and Natural Resources land to be micromanaged and mis- protections? There is no good answer Committee, we have come to an agree- managed by Federal agencies, espe- to this question except, of course, the ment to announce a series of amend- cially if the people who live, work, and adoption of my amendment. ments that will be voted on. I want to depend on the land stand in opposition To anyone who might suggest that acknowledge the effort that has gone to such a takeover. There is no denying the people of these communities in and back and forth on both sides to make

VerDate Sep 11 2014 01:41 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.030 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S470 CONGRESSIONAL RECORD — SENATE February 2, 2016 sure folks have an opportunity to tions. Like most Western States, a sig- In the 110 years since its enactment, weigh in and vote on amendments that nificant portion of Arizona is under the Antiquities Act has been used by 16 are important to them. I think we have Federal ownership. Arizona leads the different Presidents—8 Republicans, 8 a good series here that we will an- Nation with a total of 21 national Democrats—to designate more than 140 nounce. parks and monuments. Like most, our national monuments, including the It is our hope that as we move to Federal land is a mix of single-purpose San Juan Islands and the Hanford vote on these amendments, we will also lands set aside for recreation and mul- Reach in the State of Washington. continue the good work we have done tiple-use lands providing opportunities Nearly half of our national parks, in- to try to advance some other measures for grazing, mining, and timber produc- cluding national icons, such as the that will be able to go by voice votes, tion. The ability to use these lands for Grand Canyon and Olympic National and we will be working on those multiple purposes is critical; however, Park, were designated as national throughout the day. a national monument designation can monuments under the Antiquities Act. Madam President, I ask unanimous take away that opportunity with one However, the amendment of the Sen- consent that it be in order to call up stroke of the President’s pen. ator from Utah would effectively end the following amendments: No. 3182, It is also worth noting that a monu- the President’s ability to use the An- Rounds, as modified; No. 3030, Barrasso; ment designation has the potential to tiquities Act to protect these threat- No. 2996, Sullivan; No. 3176, Schatz; No. change the character of the water ened lands. His amendment requires 3095, Durbin; and No. 3125, Whitehouse; rights associated with Federal lands— that the national monument designa- that following the disposition of the an outcome I am working to prevent tion will expire after 3 years unless Franken amendment No. 3115, the Sen- with separate stand-alone legislation. Congress enacts a law specifically ap- ate proceed to vote in relation to the There is a real concern that the proving the designation, and the State above amendments in the order listed President will take unilateral action to in which the monument would be lo- with no second-degree amendments in increase the Federal Government’s cated would also have to approve the order prior to the votes; that a 60-vote ownership of Federal lands. In fact, one designation. So this amendment re- affirmative threshold be required for recent proposal would lock up another quires State and Federal approval over adoption; and that there be 2 minutes 1.7 million acres right in Arizona to a Federal land designation, which is of debate equally divided prior to each create yet another national monument. unprecedented, giving away Federal That is an area larger than the entire vote. land management responsibilities to State of Delaware. The negative im- The PRESIDING OFFICER. Without States and a veto over these conserva- pact of such a land grab would likely objection, it is so ordered. tion efforts. Ms. MURKOWSKI. Madam President, extend to activities such as hunting, I hope that, as my colleagues look at I would note that there will now be a livestock grazing, wildfire prevention, this first vote, they will oppose this series of eight votes when we com- mining, and other recreation activities. amendment. As I said, I strongly do, mence at 2:30 this afternoon, and recog- Last March Senator MCCAIN and I sent and I hope our colleagues will look at nizing that there are committees meet- a letter to the President urging him to their past record on this as well, be- ing and other Senate business going on, not unilaterally pursue this monument cause I am pretty sure we are all on we would hope to be able to process designation. This sentiment is echoed record on our side in opposition to this these votes relatively efficiently, re- by a large number of individuals amendment in the past. specting that 10-minute vote param- throughout Arizona, including State With that, I know we are probably eter, so that we can move through and local officials, several municipali- ready to proceed to the vote. them in a manner that respects others’ ties, and a wide range of sportsmen’s The PRESIDING OFFICER. The Sen- schedules. groups. ator from Utah. With that, Madam President, I yield The Lee amendment would give these Mr. LEE. Mr. President, I rise to the floor. stakeholders a voice in the monument speak in support of my amendment No. designation process, and I am happy to f 3023. be a cosponsor and to support this The purpose of this amendment is RECESS amendment on the floor today. simple—to put in the hands of the peo- The PRESIDING OFFICER. Under I also look forward to considering ple the right to decide whether a monu- the previous order, the Senate stands several amendments I have submitted ment close to them will be designated. in recess until 2:15 p.m. on this legislation as well regarding My amendment would leave intact the Thereupon, the Senate, at 12:49 p.m., safeguarding hydropower production, President’s authority to designate a recessed until 2:15 p.m. and reassem- reimbursing national parks after a gov- monument such that we could protect bled when called to order by the Pre- ernment shutdown occurs, and creating land from imminent destruction, but it siding Officer (Mr. PORTMAN). a database to increase transparency for puts a fuse on that. It puts a finite WAPA customers. limit on that authority so that within f Mr. President, I yield the floor. ENERGY POLICY MODERNIZATION I suggest the absence of a quorum. 3 years that monument designation ACT OF 2015—Continued The PRESIDING OFFICER. The would expire unless both the host State has acted to embrace it and Congress The PRESIDING OFFICER. Under clerk will call the roll. The senior assistant legislative clerk has affirmatively enacted the monu- the previous order, the time until 2:30 proceeded to call the roll. ment designation into law. p.m. will be equally divided in the Ms. CANTWELL. Mr. President, I ask The American people demand and de- usual form. unanimous consent that the order for serve nothing less than to have deci- The Senator from Arizona. the quorum call be rescinded. sions such as these put in the hands of AMENDMENT NO. 3023 The PRESIDING OFFICER. Without their elected representatives rather Mr. FLAKE. Mr. President, I rise objection, it is so ordered. than simply handed over to one single today in support of Lee amendment No. Ms. CANTWELL. Mr. President, we official who doesn’t stand accountable 3023, which places commonsense limi- are about to vote shortly on the Lee to the American people. tations on the ability of the executive amendment. I encourage my colleagues to support branch to unilaterally lock up large I rise to speak in opposition to that this amendment. swaths of public land. Specifically, the amendment and to remind my col- The PRESIDING OFFICER. The amendment provides Congress and the leagues that this is a vote that we took question is on agreeing to amendment applicable State legislatures a 3-year around the same time last year. No. 3023. window to approve Presidentially de- The Antiquities Act is one of our Na- Mr. LEE. Mr. President, I ask for the clared national monuments, ensuring tion’s most successful conservation yeas and nays. that land use decisions finally have the laws. It was signed into law in 1906 and The PRESIDING OFFICER. Is there a input from the impacted States. used by President Theodore Roosevelt sufficient second? Arizona knows all too well the effects to designate Devils Tower in Wyoming There appears to be a sufficient sec- of restrictive Federal land designa- as its first national monument. ond.

VerDate Sep 11 2014 03:10 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.032 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S471 The clerk will call the roll. The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. The senior assistant legislative clerk ate will come to order. All time has expired. called the roll. Mr. FRANKEN. Mr. President, I call The question occurs on agreeing to Mr. CORNYN. The following Senators on my colleagues to support my the amendment. are necessarily absent: the Senator amendment No. 3115 that I offer with Mr. MCCONNELL. I ask for the yeas from Texas (Mr. CRUZ), the Senator Senators HEINRICH, WARREN, and SAND- and nays. from South Carolina (Mr. GRAHAM), the ERS. This amendment establishes a na- The PRESIDING OFFICER. Is there a Senator from Florida (Mr. RUBIO), and tional energy efficiency standard that sufficient second? the Senator from Alabama (Mr. requires electric and natural gas utili- There appears to be a sufficient sec- SHELBY). ties to help their customers use energy ond. Further, if present and voting, the more efficiently. Our amendment is The clerk will call the roll. Senator from Alabama (Mr. SHELBY) modeled on the experience of Min- The senior assistant legislative clerk would have voted ‘‘yea.’’ nesota and 24 other States that have called the roll. Mr. CORNYN. The following Senators Mr. DURBIN. I announce that the already adopted energy efficiency are necessarily absent: the Senator Senator from Vermont (Mr. SANDERS) standards, including States such as from Texas (Mr. CRUZ), the Senator is necessarily absent. Texas, Arizona, and Arkansas. The from South Carolina (Mr. GRAHAM), the The PRESIDING OFFICER. Are there State programs are working great, any other Senators in the Chamber de- Senator from Florida (Mr. RUBIO), and helping reduce energy usage, saving siring to vote? customers, consumers, and businesses the Senator from Alabama (Mr. The result was announced—yeas 47, money on their electricity bills, cre- SHELBY). nays 48, as follows: Further, if present and voting, the ating well-paying jobs, and reducing [Rollcall Vote No. 10 Leg.] Senator from Alabama (Mr. SHELBY) greenhouse gas emissions. According to YEAS—47 would have voted ‘‘nay.’’ the American Council for an Energy- Mr. DURBIN. I announce that the Barrasso Fischer Paul Efficient Economy, our amendment Blunt Flake Perdue Senator from Vermont (Mr. SANDERS) will generate more than three times Boozman Grassley Portman is necessarily absent. Burr Hatch Risch the energy savings of the entire The PRESIDING OFFICER (Mr. Capito Heller Roberts Portman-Shaheen energy efficiency LANKFORD). Are there any other Sen- Cassidy Hoeven Rounds title, which is a great title in and of Coats Inhofe ators in the Chamber desiring to vote? Sasse itself, in the base bill. By the year 2030, Cochran Isakson Scott The result was announced—yeas 43, Collins Johnson Sessions our amendment will generate 20 per- Corker Lankford nays 52, as follows: Sullivan cent energy savings across the country Cornyn Lee [Rollcall Vote No. 11 Leg.] Thune and result in about $145 billion in net Cotton Manchin YEAS—43 Crapo McCain Tillis savings to consumers. Daines McConnell Toomey We like to say that States are the Baldwin Franken Nelson Bennet Gillibrand Enzi Moran Vitter laboratories of democracy, and half our Peters Ernst Murkowski Wicker Blumenthal Heinrich Reed States have shown that these policies Booker Hirono Reid NAYS—48 work. So it is time to build on their Boxer Kaine Schatz Alexander Franken Murphy successes and bring this successful ex- Brown King Schumer Cantwell Klobuchar Ayotte Gardner Murray periment to the entire country. I ask Shaheen Baldwin Gillibrand Nelson Cardin Leahy Stabenow Carper Markey Bennet Heinrich Peters my colleagues to join me in supporting Udall Casey McCaskill Blumenthal Heitkamp Reed this important amendment. Warner Collins Menendez Booker Hirono Reid The PRESIDING OFFICER. The Sen- Warren Boxer Kaine Schatz Coons Merkley ator from Alaska. Donnelly Mikulski Whitehouse Brown King Schumer Wyden Cantwell Kirk Shaheen Ms. MURKOWSKI. Mr. President, I Durbin Murphy Cardin Klobuchar Stabenow urge that Members oppose this amend- Feinstein Murray Carper Leahy Tester ment that would impose a Federal NAYS—52 Casey Markey Udall mandate on retail electricity and nat- Coons McCaskill Warner Alexander Flake Paul Donnelly Menendez Warren ural gas suppliers to reduce a certain Ayotte Gardner Perdue Durbin Merkley Whitehouse percentage of electricity or natural gas Barrasso Grassley Portman Feinstein Mikulski Wyden that their customers use annually. We Blunt Hatch Risch Boozman Heitkamp have considered this before. We have Roberts NOT VOTING—5 Burr Heller Rounds Cruz Rubio Shelby seen it. It has been under consideration Capito Hoeven Sasse Graham Sanders for about a decade. Most recently, the Cassidy Inhofe Scott Coats Isakson Sessions The PRESIDING OFFICER. Under energy committee rejected this same Cochran Johnson Sullivan proposal as we were moving forward on Corker Kirk the previous order requiring 60 votes Tester this bipartisan Energy bill. Cornyn Lankford for the adoption of this amendment, Thune A national mandate like this depends Cotton Lee the amendment is rejected. Crapo Manchin Tillis The Senator from Minnesota. on the behavior of end-use customers. Daines McCain Toomey Vitter AMENDMENT NO. 3115 TO AMENDMENT NO. 2953 The concern that you take a one-size- Enzi McConnell Wicker (Purpose: To establish a Federal energy effi- fits-all policy that refuses to recognize Ernst Moran Fischer Murkowski ciency resource standard for electricity very real regional differences that are and natural gas suppliers) in play out there with energy use is NOT VOTING—5 Mr. FRANKEN. Mr. President, I call problematic. As the Senator from Min- Cruz Rubio Shelby up amendment No. 3115 and ask that it nesota said, 25 States already have this Graham Sanders be reported by number. in place, but what we do by imposing a THE PRESIDING OFFICER. Under The PRESIDING OFFICER. The new national mandate is we upend the previous order requiring 60 votes clerk will report the amendment by those existing State programs. for the adoption of this amendment, number. We have a good, bipartisan efficiency the amendment is rejected. The senior assistant legislative clerk measure contained in this. That is why The Senator from South Dakota. read as follows: a Federal EERS has not worked before. AMENDMENT NO. 3182, AS MODIFIED, TO The Senator from Minnesota [Mr. Now is not the right time to move for- AMENDMENT NO. 2953 FRANKEN] proposes an amendment numbered ward with it. Mr. ROUNDS. Mr. President, I call up 3115 to amendment No. 2953. Mr. President, I ask unanimous con- my amendment No. 3182, as modified. (The amendment is printed in the sent that the votes in this series be 10 The PRESIDING OFFICER. The RECORD of January 28, 2016, under minutes in length so we can move clerk will report. ‘‘Text of Amendments.’’) through the amendments we have in The legislative clerk read as follows: Mr. FRANKEN. Mr. President, I ask front of us. The Senator from South Dakota [Mr. for order so my colleagues might hear The PRESIDING OFFICER. Is there ROUNDS] proposes an amendment numbered my wise remarks. objection? 3182, as modified, to amendment No. 2953.

VerDate Sep 11 2014 03:10 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.034 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S472 CONGRESSIONAL RECORD — SENATE February 2, 2016 The amendment, as modified, is as about the Federal conservation pro- ‘‘(2) FEDERAL LAND.— follows: grams available. I think this informa- ‘‘(A) IN GENERAL.—The term ‘Federal land’ (Purpose: To direct the Secretary of the In- tion is already publicly available, so I means land the title to which is held by the terior to establish a conservation incen- don’t oppose establishing it as a con- United States. XCLUSIONS.—The term ‘Federal land’ tives landowner education program) ‘‘(B) E servation education program, and I am does not include— At the end of title V, add the following: happy to move this amendment by a ‘‘(i) a unit of the National Park System; SEC. 50ll. CONSERVATION INCENTIVES LAND- voice vote. ‘‘(ii) a unit of the National Wildlife Refuge OWNER EDUCATION PROGRAM. The PRESIDING OFFICER. The Sen- System; (a) IN GENERAL.—Not later than 1 year ator from Alaska. ‘‘(iii) a component of the National Wilder- after the date of enactment of this Act, the Ms. MURKOWSKI. Mr. President, I ness Preservation System; or Secretary of the Interior shall establish a ‘‘(iv) Indian land. conservation incentives landowner education appreciate Senator ROUNDS bringing this measure before us. It appears we ‘‘(3) INDIAN LAND.—The term ‘Indian land’ program (referred to in this section as the means land the title to which is held by— ‘‘program’’). do have an agreement to do a voice ‘‘(A) the United States in trust for an In- URPOSE OF PROGRAM.—The program (b) P vote on the Rounds amendment, as dian tribe or an individual Indian; or shall provide information on Federal con- modified; therefore, I ask unanimous ‘‘(B) an Indian tribe or an individual Indian servation programs available to landowners consent that the 60-vote threshold with subject to a restriction by the United States interested in undertaking conservation ac- respect to Rounds amendment No. 3182, against alienation. tions on the land of the landowners, includ- ‘‘(b) CERTAIN NATURAL GAS GATHERING ing options under each conservation program as modified, be vitiated. The PRESIDING OFFICER. Is there LINES.— available to achieve the conservation goals ‘‘(1) IN GENERAL.—Subject to paragraph (2), of the program, such as— objection? the issuance of a sundry notice or right-of- (1) fee title land acquisition; Without objection, it is so ordered. way for a gas gathering line and associated (2) donation; and The question is on agreeing to the field compression unit that is located on (3) perpetual and term conservation ease- amendment. Federal land or Indian land and that services ments or agreements. The amendment (No. 3182), as modi- any oil or gas well shall be considered to be (c) AVAILABILITY.—The Secretary of the In- fied, was agreed to. an action that is categorically excluded (as terior shall ensure that the information pro- defined in section 1508.4 of title 40, Code of vided under the program is made available The PRESIDING OFFICER. The Sen- ator from Wyoming. Federal Regulations (as in effect on the date to— of enactment of this section)) for purposes of (1) interested landowners; and AMENDMENT NO. 3030 TO AMENDMENT NO. 2953 the National Environmental Policy Act of (2) the public. Mr. BARRASSO. Mr. President, I call 1969 (42 U.S.C. 4321 et seq.) if the gas gath- (d) NOTIFICATION.—In any case in which the ering line and associated field compression Secretary of the Interior contacts a land- up amendment No. 3030. unit are— owner directly about participation in a Fed- The PRESIDING OFFICER. The ‘‘(A) within a field or unit for which an ap- eral conservation program, the Secretary clerk will report. proved land use plan or an environmental shall, in writing— The legislative clerk read as follows: document prepared pursuant to the National (1) notify the landowner of the program; The Senator from Wyoming [Mr. BAR- Environmental Policy Act of 1969 (42 U.S.C. and RASSO] proposes an amendment numbered 4321 et seq.) analyzed transportation of nat- (2) make available information on the con- 3030 to amendment No. 2953. ural gas produced from 1 or more oil or gas servation program options that may be wells in that field or unit as a reasonably available to the landowner. Mr. BARRASSO. Mr. President, I ask unanimous consent that the reading of foreseeable activity; and The PRESIDING OFFICER. There is the amendment be dispensed with. ‘‘(B) located adjacent to or within— 2 minutes equally divided. ‘‘(i) any existing disturbed area; or The PRESIDING OFFICER. Without The Senator from South Dakota. ‘‘(ii) an existing corridor for a right-of- Mr. ROUNDS. Mr. President, con- objection, it is so ordered. way. servation easements are an important The amendment is as follows: ‘‘(2) APPLICABILITY.—Paragraph (1) shall tool when we talk about rural America. (Purpose: To establish deadlines and expe- apply to Indian land, or a portion of Indian They are used on a regular basis, but dite permits for certain natural gas gath- land, for which the Indian tribe with juris- ering lines on Federal land and Indian diction over the Indian land submits to the whenever entering into a conservation land) Secretary of the Interior a written request easement with the government, farm- At the appropriate place, insert the fol- that paragraph (1) apply to that Indian land ers, ranchers, and landowners should be lowing: (or portion of Indian land). made aware of all of the options made ‘‘(c) EFFECT ON OTHER LAW.—Nothing in SEC. lll. NATURAL GAS GATHERING ENHANCE- this section affects or alters any require- available to them, not just permanent MENT. ment— easements. While there are many pro- (a) CERTAIN NATURAL GAS GATHERING LINES ‘‘(1) relating to prior consent under— grams and options available, all too LOCATED ON FEDERAL LAND AND INDIAN ‘‘(A) section 2 of the Act of February 5, 1948 LAND.— often landowners are not aware of (25 U.S.C. 324); or (1) IN GENERAL.—Subtitle B of title III of these options and will unknowingly ‘‘(B) section 16(e) of the Act of June 18, 1934 the Energy Policy Act of 2005 (Public Law enter into a contract with the govern- (25 U.S.C. 476(e)) (commonly known as the 109–58; 119 Stat. 685) is amended by adding at ment because they don’t realize there ‘Indian Reorganization Act’); the end the following: are also shorter term options available ‘‘(2) under section 306108 of title 54, United to them. ‘‘SEC. 319. CERTAIN NATURAL GAS GATHERING States Code; or LINES LOCATED ON FEDERAL LAND ‘‘(3) under any other Federal law (including This amendment will aggregate in- AND INDIAN LAND. regulations) relating to tribal consent for formation for landowners and will ‘‘(a) DEFINITIONS.—In this section: rights-of-way across Indian land.’’. allow landowners to choose from con- ‘‘(1) GAS GATHERING LINE AND ASSOCIATED (2) ASSESSMENTS.—Title XVIII of the En- FIELD COMPRESSION UNITS.— servation options that are shorter term ergy Policy Act of 2005 (Public Law 109–58; ‘‘(A) IN GENERAL.—The term ‘gas gathering and are not a permanent contract with 119 Stat. 1122) (as amended by section 2311) is line and associated field compression unit’ the government. amended by adding at the end the following: I ask that my colleagues support this means— ‘‘(i) a pipeline that is installed to transport ‘‘SEC. 1842. NATURAL GAS GATHERING SYSTEM ASSESSMENTS. amendment. natural gas production associated with 1 or ‘‘(a) DEFINITION OF GAS GATHERING LINE The PRESIDING OFFICER. The Sen- more wells drilled and completed to produce ator from Washington. AND ASSOCIATED FIELD COMPRESSION UNIT.— oil or gas; and In this section, the term ‘gas gathering line Ms. CANTWELL. Mr. President, this ‘‘(ii) if necessary, 1 or more compressors to and associated field compression unit’ has amendment would direct the Depart- raise the pressure of that transported nat- the meaning given the term in section 319. ment of the Interior to create a new ural gas to higher pressures suitable to en- ‘‘(b) STUDY.—Not later than 1 year after education program to educate land- able the gas to flow into pipelines and other the date of enactment of this section, the owners about conservation programs. facilities. Secretary of the Interior, in consultation It also requires that if the Interior De- ‘‘(B) EXCLUSIONS.—The term ‘gas gathering with other appropriate Federal agencies, line and associated field compression unit’ States, and Indian tribes, shall submit to the partment contacts landowners about does not include a pipeline or compression Committee on Energy and Natural Resources selling property or participating in a unit that is installed to transport natural of the Senate and the Committee on Natural Federal conservation program, that the gas from a processing plant to a common Resources of the House of Representatives a landowner be provided information carrier pipeline or facility. study identifying—

VerDate Sep 11 2014 01:41 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.036 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S473 ‘‘(1) any actions that may be taken, under also on Indian lands. This is a common- The PRESIDING OFFICER. Are there Federal law (including regulations), to expe- sense solution that helps taxpayers, In- any other Senators in the Chamber de- dite permitting for gas gathering lines and dian Country, and our environment. siring to vote? associated field compression units that are I yield to my lead cosponsor, the jun- The result was announced—yeas 52, located on Federal land or Indian land, for ior Senator from North Dakota. nays 43, as follows: the purpose of transporting natural gas asso- Ms. HEITKAMP. Mr. President, I ciated with oil and gas production on any [Rollcall Vote No. 12 Leg.] land to a processing plant or a common car- thank my great friend from the State YEAS—52 rier pipeline for delivery to markets; and of Wyoming. Many of you have talked about the Alexander Fischer Murkowski ‘‘(2) any proposed changes to Federal law Ayotte Flake Paul (including regulations) to expedite permit- challenges you have in terms of seeing Barrasso Gardner Perdue ting for gas gathering lines and associated the flaring. If you want to stop waste, Blunt Grassley Portman field compression units that are located on whether it is economic waste because Boozman Hatch Risch Federal land, for the purpose of transporting of a lack of royalties, both Federal and Burr Heitkamp Roberts Capito Heller natural gas associated with oil and gas pro- State, or if you want to stop flaring Rounds Cassidy Hoeven Sasse duction on any land to a processing plant or Coats Inhofe and waste and do a great environ- Scott a common carrier pipeline for delivery to Cochran Isakson mental thing, you will vote yes on this Sessions markets. Collins Johnson amendment. Sullivan ‘‘(c) REPORT.—Not later than 1 year after Corker Kirk the date of enactment of this section, and What this amendment fundamentally Cornyn Lankford Thune Tillis every 1 year thereafter, the Secretary of the does is shorten the time period for Cotton Lee pipeline easements across Federal Crapo Manchin Toomey Interior, in consultation with other appro- Vitter priate Federal agencies, States, and Indian land—easements where today it takes 2 Daines McCain Enzi McConnell Wicker tribes, shall submit to the Committee on En- or 3 weeks to get a private or State Ernst Moran ergy and Natural Resources of the Senate easement—which takes over a year. and the Committee on Natural Resources of During that period of time, we have NAYS—43 the House of Representatives a report that seen flaring across North Dakota and Baldwin Gillibrand Peters describes— Bennet Heinrich Reed across the West. Blumenthal Hirono Reid ‘‘(1) the progress made in expediting per- Please vote yes for this amendment. mits for gas gathering lines and associated Booker Kaine Schatz field compression units that are located on It is a great environmental and eco- Boxer King Schumer nomic amendment. Brown Klobuchar Shaheen Federal land or Indian land, for the purpose Cantwell Leahy of transporting natural gas associated with The PRESIDING OFFICER. The Sen- Stabenow Cardin Markey Tester oil and gas production on any land to a proc- ator from Washington. Carper McCaskill Udall Ms. CANTWELL. Mr. President, Casey Menendez essing plant or a common carrier pipeline for Warner Coons Merkley delivery to markets; and speaking in opposition to this amend- Warren ‘‘(2) any issues impeding that progress.’’. ment, it is basically like Keystone Donnelly Mikulski Durbin Murphy Whitehouse (3) TECHNICAL AMENDMENTS.— ‘‘light.’’ The proponents want to have Feinstein Murray Wyden (A) Section 1(b) of the Energy Policy Act no environmental review of natural gas Franken Nelson of 2005 (Public Law 109–58; 119 Stat. 594) is gathering pipelines, and that is why we amended by adding at the end of subtitle B NOT VOTING—5 should oppose it. With two exceptions, of title III the following: Cruz Rubio Shelby the amendment would require the Sec- ‘‘Sec. 319. Natural gas gathering lines lo- Graham Sanders retary of the Interior or Agriculture to cated on Federal land and In- The PRESIDING OFFICER. Under approve the right to waive any gath- dian land.’’. the previous order requiring 60 votes ering pipelines, unless they violate the (B) Section (1)(b) of the Energy Policy Act for the adoption of this amendment, Endangered Species Act or the Na- of 2005 (Public Law 109–58; 119 Stat. 594) is the amendment is rejected. tional Historic Preservation Act. It amended by adding at the end of title XXVIII The Senator from Alaska. the following: would require the Secretary of the In- AMENDMENT NO. 2996 TO AMENDMENT NO. 2953 ‘‘Sec. 1842. Natural gas gathering system as- terior or Agriculture to approve the sessments.’’. right to waive with pipelines. Mr. SULLIVAN. Mr. President, I call (b) DEADLINES FOR PERMITTING NATURAL I consulted with the Department of up my amendment No. 2996. GAS GATHERING LINES UNDER THE MINERAL the Interior, which had grave concerns The PRESIDING OFFICER. The LEASING ACT.—Section 28 of the Mineral about waiving those laws here. This clerk will report. Leasing Act (30 U.S.C. 185) is amended by amendment would significantly limit The legislative clerk read as follows: adding at the end the following: the Department’s ability to gather rel- The Senator from Alaska [Mr. SULLIVAN] ‘‘(z) NATURAL GAS GATHERING LINES.—The evant, scientific, technical informa- proposes an amendment numbered 2996 to Secretary of the Interior or other appro- amendment No. 2953. priate agency head shall issue a sundry no- tion, and the public views about how to tice or right-of-way for a gas gathering line manage our public lands. So I encour- Mr. SULLIVAN. Mr. President, I ask and associated field compression unit (as de- age our colleagues to vote no. unanimous consent that the reading of fined in section 319(a) of the Energy Policy The PRESIDING OFFICER. The the amendment be dispensed with. Act of 2005) that is located on Federal land question is on agreeing to the amend- The PRESIDING OFFICER. Without not later than 90 days after the date on ment. objection, it is so ordered. which the applicable agency head receives Mr. BARRASSO. Mr. President, I ask The amendment is as follows: the request for issuance unless the Secretary for the yeas and nays. (Purpose: To require each agency to repeal or agency head finds that the sundry notice The PRESIDING OFFICER. Is there a or amend 1 or more rules before issuing or or right-of-way would violate division A of sufficient second? amending a rule) subtitle III of title 54, United States Code, or There appears to be a sufficient sec- the Endangered Species Act of 1973 (16 U.S.C. At the appropriate place, insert the fol- 1531 et seq.).’’. ond. lowing: The clerk will call the roll. Mr. BARRASSO. Mr. President, we SEC. ll. REPEAL OF RULES REQUIRED BEFORE The legislative clerk called the roll. ISSUING OR AMENDING RULE. all want to reduce the flaring of nat- Mr. CORNYN. The following Senators (a) DEFINITIONS.—In this section— ural gas in oil wells, and to do that we are necessarily absent: the Senator (1) the term ‘‘agency’’ has the meaning need natural gas gathering lines. These from Texas (Mr. CRUZ), the Senator given the term in section 551 of title 5, are small pipelines that capture nat- from South Carolina (Mr. GRAHAM), the United States Code; ural gas from oil wells where it would Senator from Florida (Mr. RUBIO), and (2) the term ‘‘covered rule’’ means a rule of otherwise be flared off into the atmos- the Senator from Alabama (Mr. an agency that causes a new financial or ad- ministrative burden on businesses in the phere. SHELBY). This is a bipartisan amendment. I am Further, if present and voting, the United States or on the people of the United delighted to be here with Senator States, as determined by the head of the Senator from Alabama (Mr. SHELBY) agency; HEITKAMP, who is a cosponsor. This bi- would have voted ‘‘yea.’’ (3) the term ‘‘rule’’— partisan amendment expedites the per- Mr. DURBIN. I announce that the (A) has the meaning given the term in sec- mitting of the gathering lines on Fed- Senator from Vermont (Mr. SANDERS) tion 551 of title 5, United States Code; and eral land and, subject to tribal consent, is necessarily absent. (B) includes—

VerDate Sep 11 2014 01:41 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.019 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S474 CONGRESSIONAL RECORD — SENATE February 2, 2016 (i) any rule issued by an agency pursuant lated, and this overregulation under- Mr. GRASSLEY. I ask for the yeas to an Executive Order or Presidential memo- mines our ability to grow our economy and nays. randum; and and create good jobs. I am sure all the The PRESIDING OFFICER. Is there a (ii) any rule issued by an agency due to the Senators know that just this last quar- sufficient second? issuance of a memorandum, guidance docu- There is a sufficient second. ment, bulletin, or press release issued by an ter we grew at 0.7 percent GDP growth. agency; and We can’t even break 1 percent GDP The clerk will call the roll. (4) the term ‘‘Unified Agenda’’ means the growth now. The legislative clerk proceeded to Unified Agenda of Federal Regulatory and Take a look at this chart. This is one call the roll. Deregulatory Actions. of the big problems. Federal regula- Mr. CORNYN. The following Senators (b) PROHIBITION ON ISSUANCE OF CERTAIN tions only grow. They only grow year are necessarily absent: the Senator RULES.— after year. They never go away. They from Texas (Mr. CRUZ), the Senator (1) IN GENERAL.—An agency may not— are never sunsetted. from South Carolina (Mr. GRAHAM), the (A) issue a covered rule that does not Even President Obama recognizes Senator from Florida (Mr. RUBIO), and amend or modify an existing rule of the this is a problem. In his State of the agency, unless— the Senator from Alabama (Mr. (i) the agency has repealed 1 or more exist- Union address, the President said: ‘‘I SHELBY). ing covered rules of the agency; and think there are outdated regulations Further, if present and voting, the (ii) the cost of the covered rule to be issued that need to be changed. There is red Senator from Alabama (Mr. SHELBY) is less than or equal to the cost of the cov- tape that . . . [must] be cut.’’ would have voted ‘‘yea.’’ ered rules repealed under clause (i), as deter- My amendment is an opportunity to Mr. DURBIN. I announce that the mined and certified by the head of the agen- do just that. It is a simple, one-in, one- Senator from Vermont (Mr. SANDERS) cy; or out requirement for agencies. When an is necessarily absent. (B) issue a covered rule that amends or agency issues a new reg, it has to sun- The PRESIDING OFFICER. Are there modifies an existing rule of the agency, un- set or get rid of an old reg. Now, it is any other Senators in the Chamber de- less— (i) the agency has repealed or amended 1 or up to the agency to choose which reg it siring to vote? more existing covered rules of the agency; is going to get rid of, but it has to The result was announced—yeas 49, and abide by the one-in, one-out rule. nays 46, as follows: (ii) the cost of the covered rule to be issued This is not a partisan idea. In fact, [Rollcall Vote No. 13 Leg.] is less than or equal to the cost of the cov- this is becoming a consensus idea. YEAS—49 ered rules repealed or amended under clause The PRESIDING OFFICER. The time (i), as determined and certified by the head Alexander Fischer Paul of the Senator has expired. Ayotte Flake Perdue of the agency. Mr. SULLIVAN. The U.K. and Canada Barrasso Gardner Portman (2) APPLICATION.—Paragraph (1) shall not are doing this. Blunt Grassley Risch apply to the issuance of a covered rule by an Many of my colleagues on the other Boozman Hatch Roberts Burr Heller agency that— side of the aisle are very interested in Rounds (A) relates to the internal policy or prac- Capito Hoeven Sasse tice of the agency or procurement by the this idea. I ask for their support of this Cassidy Inhofe Scott Coats Isakson agency; or amendment. Sessions Cochran Johnson The PRESIDING OFFICER. The Sen- Sullivan (B) is being revised to be less burdensome Corker Kirk Thune to decrease requirements imposed by the ator from Delaware. Cornyn Lankford covered rule or the cost of compliance with Mr. CARPER. Mr. President, as the Cotton Lee Tillis the covered rule. ranking member of the committee on Crapo McCain Toomey Vitter (c) CONSIDERATIONS FOR REPEALING Daines McConnell homeland security, I rise in opposition Wicker RULES.—In determining whether to repeal a Enzi Moran to this amendment. Ernst Murkowski covered rule under subparagraph (A)(i) or Our friend who is offering this (B)(i) of subsection (b)(1), the head of the amendment today indicates that Fed- NAYS—46 agency that issued the covered rule shall eral agencies are always promulgating Baldwin Gillibrand Nelson consider— Bennet Heinrich Peters (1) whether the covered rule achieved, or regulations, and we never stand any of Blumenthal Heitkamp Reed has been ineffective in achieving, the origi- them down; we never retire them. As it Booker Hirono Reid nal purpose of the covered rule; turns out, about 5 or 6 years ago, Presi- Boxer Kaine Schatz (2) any adverse effects that could mate- dent Obama said to Cass Sunstein, who Brown King Schumer Cantwell Klobuchar rialize if the covered rule is repealed, in par- runs OIRA, part of OMB: I want you to Shaheen Cardin Leahy Stabenow ticular if those adverse effects are the reason Carper Manchin begin a top-to-bottom review of regula- Tester the covered rule was originally issued; Casey Markey tions. Find the ones that don’t serve a Udall (3) whether the costs of the covered rule Collins McCaskill Warner outweigh any benefits of the covered rule to purpose, and let’s get rid of them. Coons Menendez Warren the United States; Over the next 5 years, that effort will Donnelly Merkley bear fruit. It is not like saving a couple Durbin Mikulski Whitehouse (4) whether the covered rule has become Wyden obsolete due to changes in technology, eco- of million dollars. Over the next 5 Feinstein Murphy Franken Murray nomic conditions, market practices, or any years, it is going to save $22 billion. So other factors; and we actually do have a process, and this NOT VOTING—5 (5) whether the covered rule overlaps with is one that has really been provided by Cruz Rubio Shelby a covered rule to be issued by the agency. leadership from the administration. Graham Sanders (d) PUBLICATION OF COVERED RULES IN UNI- The other avenue was provided by The PRESIDING OFFICER. Under FIED AGENDA.— (1) REQUIREMENTS.—Each agency shall, on our Democratic leader from years ago the previous order requiring 60 votes a semiannual basis, submit jointly and with- when he authored something called the for the adoption of this amendment, out delay to the Office of Information and Congressional Review Act. It is not al- the amendment is rejected. Regulatory Affairs for publication in the ways effective; it doesn’t always work, The Senator from Hawaii. Unified Agenda a list containing— but it is actually a way to stand down AMENDMENT NO. 3176 TO AMENDMENT NO. 2953 (A) each covered rule that the agency in- regulations that we don’t want to see (Purpose: To amend the Internal Revenue tends to issue during the 6-month period fol- stood up. Code of 1986 to phase out tax preferences lowing the date of submission; So there are two ways to do this. We for fossil fuels on the same schedule as the (B) each covered rule that the agency in- always have an opportunity whenever phase out of the tax credits for wind facili- tends to repeal or amend in accordance with ties) subsection (b) during the 6-month period fol- regulations are proposed. We can speak lowing the date of submission; and to them. We can testify to them. We Mr. SCHATZ. Mr. President, I call up (C) the cost of each covered rule described can urge that they be changed while amendment No. 3176 and ask that it be in subparagraphs (A) and (B). they are in production. reported by number. (2) PROHIBITION.—An agency may not issue I urge us to vote no on this amend- The PRESIDING OFFICER. The a covered rule unless the agency complies ment. clerk will report the amendment by with the requirements under paragraph (1). The PRESIDING OFFICER. The number. Mr. SULLIVAN. Mr. President, we all question is on agreeing to the amend- The senior assistant legislative clerk know that our economy is overregu- ment. read as follows:

VerDate Sep 11 2014 02:20 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.003 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S475 The Senator from Hawaii [Mr. SCHATZ] pro- Senator from Florida (Mr. RUBIO), and ment of Energy Office of Science to a poses an amendment numbered 3176 to the Senator from Alabama (Mr. rate of 5 percent annual real growth for amendment No. 2953. SHELBY). 5 years. (The amendment is printed in the Further, if present and voting, the The Office of Science is an incredible RECORD of February 1, 2016, under Senator from Alabama (Mr. SHELBY) organization—24 scientists, 10 national ‘‘Text of Amendments.’’) would have voted ‘‘nay.’’ labs, research in 300 colleges and uni- Mr. SCHATZ. Mr. President, this Mr. DURBIN. I announce that the versities in all 50 States. It was their amendment is based on a very simple Senator from Vermont (Mr. SANDERS) work which led to the development of idea: that there should be a level play- is necessarily absent. the MRI, and they are currently work- ing field for fossil fuels and for clean The PRESIDING OFFICER (Mr. ing on imaging systems to identify Alz- energy. Right now we have subsidies on ROUNDS). Are there any other Senators heimer’s in its early stages. It is an in- both the fossil fuel side and on the in the Chamber desiring to vote? credible operation. This commitment clean energy side through our Tax The result was announced—yeas 45, will pay us back many times over. Code. Periodically, we need to recali- nays 50, as follows: I yield to my friend and colleague brate our energy policy based on mar- [Rollcall Vote No. 14 Leg.] from Tennessee. ket conditions, fiscal circumstances, YEAS—45 The PRESIDING OFFICER. The Sen- and what is happening in the world. ator from Tennessee. Alexander Feinstein Murray Again, here is the idea: We should Ayotte Franken Nelson Mr. ALEXANDER. Mr. President, I make sure to reevaluate tax pref- Baldwin Gillibrand Peters urge a ‘‘yes’’ vote because I think an erences for fossil fuels and clean en- Bennet Heinrich Reed important part of a Republican pro- Blumenthal Hirono Reid growth policy is support for govern- ergy at the same time. If we are serious Booker Kaine Schatz about creating a level playing field, we Boxer King Schumer ment-sponsored research. That is how should phase out incentives for fossil Brown Klobuchar Shaheen we got 3–D mapping and horizontal fuels as we phased them out for wind Cantwell Leahy Stabenow drilling that led to unconventional gas Cardin Markey Tester and solar power. Majorities of both Carper McCaskill Udall and oil. That is how we are going to get Democrats and Republicans support Casey Menendez Warner the cost of carbon capture low enough the repeal of these tax preferences, and Collins Merkley Warren to make it commercial. That is how we Coons Mikulski Whitehouse are going to get solar panels cheap so I hope my colleagues will join me in Durbin Murphy Wyden a big bipartisan vote for putting our enough to make them useful. clean sources of energy on equal foot- NAYS—50 We should reduce wasteful spending ing with their fossil fuel counterparts. Barrasso Flake Murkowski on subsidies for mature energy tech- The PRESIDING OFFICER. The Sen- Blunt Gardner Paul nology and double energy research, and Boozman Grassley Perdue ator from Alaska. Burr Hatch Portman this would do that on a conservative Ms. MURKOWSKI. Mr. President, we Capito Heitkamp Risch path. At 5 percent a year, it would take have seen an iteration of this before. It Cassidy Heller Roberts 10 years to double the $5 billion of en- Coats is Groundhog Day, but there is a dif- Hoeven Rounds ergy spending we have today. Cochran Inhofe Sasse ference with the approach that has Corker Isakson I urge a ‘‘yes’’ vote. Scott Cornyn Johnson The PRESIDING OFFICER. The Sen- been taken with regard to targeting oil Sessions Cotton Kirk and gas production with this basket of Sullivan ator from Alaska. Crapo Lankford Ms. MURKOWSKI. Mr. President, I fossil fuel subsidies, where we are talk- Daines Lee Thune ing about the repeal of five very impor- Donnelly Manchin Tillis understand that we have an agreement tant tax provisions that are vital to Enzi McCain Toomey to voice vote the Durbin amendment. Ernst McConnell Vitter Therefore, I ask unanimous consent our domestic small and midsize opera- Fischer Moran Wicker tors. that the 60-vote threshold with respect The sponsor is correct. It does tie the NOT VOTING—5 to the Durbin amendment No. 3095 be expiration of these provisions to the Cruz Rubio Shelby rescinded. expiration of wind tax credits, which Graham Sanders The PRESIDING OFFICER. Is there most of us would agree should be The PRESIDING OFFICER. Under objection? phased out. the previous order requiring 60 votes Without objection, it is so ordered. I am in favor of reforming our Tax for the adoption of this amendment, Is there any further debate on the Code to make it more straightforward the amendment is rejected. amendment? and fair. I would welcome that discus- The Senator from Illinois. Hearing none, the question occurs on agreeing to the amendment. sion for us to engage in broad-based tax AMENDMENT NO. 3095 TO AMENDMENT NO. 2953 The amendment (No. 3095) was agreed reform on the Senate floor, but the En- Mr. DURBIN. Mr. President, I call up to. ergy Policy Modernization Act is not amendment No. 3095 and ask that it be The PRESIDING OFFICER. The Sen- the place to do it. It is not the appro- reported by number. ator from Rhode Island. priate venue for a tax amendment. As The PRESIDING OFFICER. The AMENDMENT NO. 3125 TO AMENDMENT NO. 2953 my colleagues know, all revenue-rais- clerk will report the amendment by ing measures must originate within the number. Mr. WHITEHOUSE. Mr. President, I House. The adoption of this tax-related The senior assistant legislative clerk call up amendment No. 3125 and ask amendment would therefore create an read as follows: that it be reported by number. The PRESIDING OFFICER. The impermissible blue-slip problem. The Senator from Illinois [Mr. DURBIN] clerk will report the amendment by I urge its rejection. proposes an amendment numbered 3095 to number. The PRESIDING OFFICER. The amendment No. 2953. The senior assistant legislative clerk question is on agreeing to the amend- The amendment is as follows: read as follows: ment. (Purpose: To increase funding for the Office Ms. MURKOWSKI. Mr. President, I The Senator from Rhode Island [Mr. of Science of the Department of Energy) WHITEHOUSE] proposes an amendment num- ask for the yeas and nays. On page 352, strike lines 17 through 21 and bered 3125 to amendment No. 2953. The PRESIDING OFFICER. Is there a insert the following: The amendment is as follows: sufficient second? ‘‘(8) $5,423,000,000 for fiscal year 2016; (Purpose: To require campaign finance dis- There appears to be a sufficient sec- ‘‘(9) $5,808,000,000 for fiscal year 2017; closures for certain persons benefitting ond. ‘‘(10) $6,220,000,000 for fiscal year 2018; from fossil fuel activities) The clerk will call the roll. ‘‘(11) $6,661,000,000 for fiscal year 2019; and The bill clerk called the roll. ‘‘(12) $7,134,000,000 for fiscal year 2020.’’. At the appropriate place, insert the fol- lowing: Mr. CORNYN. The following Senators Mr. DURBIN. Mr. President, this bi- SEC. ll. CAMPAIGN FINANCE DISCLOSURES BY are necessarily absent: the Senator partisan amendment which I am offer- FOSSIL FUEL BENEFICIARIES. from Texas (Mr. CRUZ), the Senator ing with Senator ALEXANDER would in- (a) IN GENERAL.—Section 304 of the Federal from South Carolina (Mr. GRAHAM), the crease funding levels for the Depart- Election Campaign Act of 1974 (52 U.S.C.

VerDate Sep 11 2014 02:20 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.041 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S476 CONGRESSIONAL RECORD — SENATE February 2, 2016 30104) is amended by adding at the end the ‘‘(3) COVERED ENTITY.—For purposes of this Mr. WHITEHOUSE. Mr. President, following new subsection: subsection— this is the last vote in this tranche of ‘‘(j) DISCLOSURE BY FOSSIL FUEL BENE- ‘‘(A) IN GENERAL.—The term ‘covered enti- votes, and I hope this can be a bipar- FICIARIES.— ty’ means— ‘‘(1) IN GENERAL.— tisan vote. We all understand that a ‘‘(i) any person who is described in sub- shadow has fallen over this Chamber ‘‘(A) INITIAL DISCLOSURE.—Every covered paragraph (B), and entity which has made covered disburse- ‘‘(ii) any person who owns 5 percent or since Citizens United, and that is the ments and received covered transfers in an more of any person described in subpara- shadow of dark money. The American aggregate amount in excess of $10,000 during graph (B). public is sick about the special inter- the period beginning on January 1, 2014, and ‘‘(B) PERSON DESCRIBED.—A person is de- ests that have so much sway. They are ending on the date that is 165 days after the scribed in this subparagraph if such person even more sick of special interests hav- date of the enactment of this subsection has received revenues or stands to receive shall file with the Commission a statement ing secret sway because of secret containing the information described in revenues of $1,000,000 or greater from fossil spending. This secret spending influ- paragraph (2) not later than the date that is fuel activities. ences what we can and cannot do. It in- 180 days after the date of the enactment of ‘‘(C) FOSSIL FUEL ACTIVITIES.—For purposes fluences our deliberations. It has even this subsection. of this paragraph, the term ‘fossil fuel activi- constrained the shape of the very bill ‘‘(B) SUBSEQUENT DISCLOSURES.—Every cov- ties’ includes the extraction, production, re- fining, transportation, or combustion of oil, on the floor right now. As one Ken- ered entity which makes covered disburse- tucky newspaper said, it has also cre- ments (other than covered disbursement re- natural gas, or coal. ported under subparagraph (A)) and received ‘‘(4) COVERED DISBURSEMENT.—For purposes ated a tsunami of slime in our elec- covered transfers (other than a covered of this subsection, the term ‘covered dis- tions. transfer reported under subparagraph (A)) in bursement’ means a disbursement for any of This vote gives us the chance to push an aggregate amount in excess of $10,000 dur- the following: back and to put a little daylight on the ing any calendar year shall, within 48 hours ‘‘(A) An independent expenditure. secret money that is being spent in our of each disclosure date, file with the Com- ‘‘(B) A broadcast, cable, or satellite com- elections. I very much hope that, con- mission a statement containing the informa- munication (other than a communication de- sistent with past Republican support scribed in subsection (f)(3)(B)) which— tion described in paragraph (2). for sunshine and disclosure, we can get ‘‘(2) CONTENTS OF STATEMENT.—Each state- ‘‘(i) refers to a clearly identified candidate ment required to be filed under this sub- for Federal office; a bipartisan vote in favor of disclosure section shall be made under penalty of per- ‘‘(ii) is made— of the big-money donors who are now jury and shall contain the following informa- ‘‘(I) in the case of a communication which putting secret money into our elec- tion: refers to a candidate for an office other than tions—in this case, particularly in the ‘‘(A) The identification of the person mak- President or Vice President, during the pe- energy sector. ing the disbursement or receiving the trans- riod beginning on January 1 of the calendar I ask for the votes of my colleague in fer, of any person sharing or exercising direc- year in which a general or runoff election is favor of this amendment. tion or control over the activities of such held and ending on the date of the general or person, and of the custodian of the books and The PRESIDING OFFICER. The Sen- runoff election (or in the case of a special ator from Alaska. accounts of the person making the disburse- election, during the period beginning on the ment or receiving the transfer. date on which the announcement with re- Ms. MURKOWSKI. Mr. President, I ‘‘(B) The principal place of business of the spect to such election is made and ending on do think that at some point in time it person making the disbursement or receiving the date of the special election); or is fair to discuss disclosure when it the transfer, if not an individual. ‘‘(II) in the case of a communication which comes to campaign finance and cam- ‘‘(C) The amount of each disbursement or refers to a candidate for the office of Presi- paign finance disclosure. However what transfer of more than $200 during the period dent or Vice President, is made in any State this amendment does is require cam- covered by the statement and the identifica- during the period beginning 120 days before paign finance disclosures from individ- tion of the person to whom the disbursement the first primary election, caucus, or pref- was made or from whom the transfer was re- uals receiving over $1 million from fos- erence election held for the selection of dele- ceived. sil fuel activities—no other activities. gates to a national nominating convention of ‘‘(D) The elections to which the disburse- What activities are we talking about? a political party is held in any State (or, if ments or transfers pertain and the names (if no such election or caucus is held in any It defines fossil fuel activities as those known) of the candidates involved. State, the first convention or caucus of a po- including ‘‘the extraction, production, ‘‘(E) If the disbursements were paid out of refining, transportation, or combustion a segregated bank account which consists of litical party which has the authority to funds contributed solely by individuals who nominate a candidate for the office of Presi- of oil, natural gas, or coal.’’ That is are United States citizens or nationals or dent or Vice President) and ending on the pretty broad. We are talking about ex- lawfully admitted for permanent residence date of the general election; and plorers, producers, refiners, perhaps (as defined in section 101(a)(20) of the Immi- ‘‘(iii) in the case of a communication even the automotive industry, the rail gration and Nationality Act (8 U.S.C. which refers to a candidate for an office industry, powerplants, and many oth- 1101(a)(20))) directly to this account for elec- other than President or Vice President, is ers. tioneering communications, the names and targeted to the relevant electorate (within the meaning of subsection (f)(3)(C)). We can have a discussion about cam- addresses of all contributors who contributed paign finance disclosure and what may an aggregate amount of $1,000 or more to ‘‘(C) A transfer to another person for the that account during— purposes of making a disbursement described or may not be appropriate. We defeated ‘‘(i) in the case of a statement under para- in subparagraph (A) or (B). an amendment similar to this when we graph (1)(A), during the period described in ‘‘(5) COVERED TRANSFER.—For purposes of had the Keystone debate last January. such paragraph, and this subsection, the term ‘covered transfer’ We tabled another. The time and the ‘‘(ii) in the case of a statement under para- means any amount received by a covered en- place to debate this issue is not in this graph (1)(B), the period beginning on the tity for the purposes of making a covered Energy Policy Modernization Act. first day of the preceding calendar year and disbursement. Therefore, I will be opposing the ending on the disclosure date. ‘‘(6) DISCLOSURE DATE.—For purposes of this subsection, the term ‘disclosure date’ amendment and encourage my col- Nothing in this subparagraph is to be con- leagues to do the same. strued as a prohibition on the use of funds in means— such a segregated account for a purpose ‘‘(A) the first date during any calendar The PRESIDING OFFICER. The other than covered disbursements. year by which a person has made covered dis- question is on agreeing to the amend- ‘‘(F) If the disbursements were paid out of bursements and received covered transfers ment. funds not described in subparagraph (E), the aggregating in excess of $10,000; and Ms. MURKOWSKI. I ask for the yeas names and addresses of all contributors who ‘‘(B) any other date during such calendar and nays. contributed an aggregate amount of $1,000 or year by which a person has made covered dis- The PRESIDING OFFICER. Is there a more to the person making the disbursement bursements and received covered transfers sufficient second? during— aggregating in excess of $10,000 since the There appears to be a sufficient sec- most recent disclosure date for such calendar ‘‘(i) in the case of a statement under para- ond. graph (1)(A), during the period described in year. The clerk will call the roll. such paragraph, and ‘‘(7) CONTRACTS TO DISBURSE; COORDINATION ‘‘(ii) in the case of a statement under para- WITH OTHER REQUIREMENTS; ETC,.—Rules simi- The senior assistant legislative clerk graph (1)(B), the period beginning on the lar to the rules of paragraphs (5), (6), and (7) called the roll. first day of the preceding calendar year and of subsection (f) shall apply for purposes of Mr. CORNYN. The following Senators ending on the disclosure date. this subsection.’’. are necessarily absent: the Senator

VerDate Sep 11 2014 02:20 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.020 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S477 from Texas (Mr. CRUZ), the Senator to your amendments, speak to the Mr. BROWN. Mr. President, the crisis from South Carolina (Mr. GRAHAM), the issues you are hoping to advance. We in Flint, MI, is a tragedy that was en- Senator from Florida (Mr. RUBIO), and would like to get this bill through to tirely preventable. This week we have the Senator from Alabama (Mr. completion by the end of this week. I a chance to do something about it. SHELBY). thank Members for their support. Senator STABENOW and Senator PETERS Further, if present and voting, the I suggest the absence of a quorum. from Michigan have submitted an Senator from Alabama (Mr. SHELBY) The PRESIDING OFFICER. The amendment that I hope, when we go would have voted ‘‘nay.’’ clerk will call the roll. back on the bill, we will consider. As Mr. DURBIN. I announce that the The bill clerk proceeded to call the we do so, it is important to remember Senator from Vermont (Mr. SANDERS) roll. that Flint is far from the only town in is necessarily absent. Mr. MCCONNELL. Mr. President, I this country where families face expo- The PRESIDING OFFICER (Ms. ask unanimous consent that the order sure to dangerous levels of lead. AYOTTE). Are there any other Senators for the quorum call be rescinded. In Sebring, in northeast Ohio, near in the Chamber desiring to vote? The PRESIDING OFFICER (Mr. Youngstown, we know there are trou- The result was announced—yeas 43, GARDNER). Without objection, it is so bling amounts of lead in the water. nays 52, as follows: ordered. Families are scared that their drinking [Rollcall Vote No. 15 Leg.] CLOTURE MOTION water isn’t safe. They are afraid they YEAS—43 Mr. MCCONNELL. Mr. President, I are facing another Flint. No parent Baldwin Gillibrand Peters send a cloture motion to the desk for should have to worry that the water Bennet Heinrich Reed the Murkowski substitute amendment coming out of their faucets might in Blumenthal Hirono Reid No. 2953. fact be poisoning their children. Preg- Booker Kaine Schatz Boxer King Schumer The PRESIDING OFFICER. The clo- nant women shouldn’t have to fear Brown Klobuchar Shaheen ture motion having been presented their tap water. Cantwell Leahy Stabenow under rule XXII, the Chair directs the In Sebring, just as in Flint, families Cardin Markey Tester Carper McCaskill clerk to read the motion. were left in the dark about the safety Udall Casey Menendez of their water. For months, local offi- Warner The legislative clerk read as follows: Coons Merkley Warren CLOTURE MOTION cials failed to notify residents about Donnelly Mikulski the lead, and the State EPA failed to Durbin Murphy Whitehouse We, the undersigned Senators, in accord- Feinstein Murray Wyden ance with the provisions of rule XXII of the step in. I spoke with the mayor. I Franken Nelson Standing Rules of the Senate, do hereby spoke recently—just this week—to NAYS—52 move to bring to a close debate on amend- State Representative Boccieri and ment No. 2953, the substitute amendment to State Senator Schiavoni, who rep- Alexander Fischer Murkowski S. 2012, an original bill to provide for the Ayotte Flake Paul resent Sebring and that part of the modernization of the energy policy of the Barrasso Gardner Perdue county, about what our response Blunt Grassley Portman United States, and for other purposes. should be. Mitch McConnell, Lisa Murkowski, Cory Boozman Hatch Risch The amendment before us this week Burr Heitkamp Gardner, Mike Crapo, John Cornyn, Roberts will help put a stop to the failure—in Capito Heller Rounds John Barrasso, Steve Daines, Richard Cassidy Hoeven Sasse Burr, Bill Cassidy, Pat Roberts, John Michigan, the failure of the Governor, Coats Inhofe Scott Hoeven, Shelley Moore Capito, John and in Columbus, it appears to be the Cochran Isakson Sessions Collins Johnson Thune, James E. Risch, Lamar Alex- failure of the State EPA. It requires Sullivan Corker Kirk ander, John McCain, Rob Portman. the Federal Environmental Protection Thune Cornyn Lankford CLOTURE MOTION Agency to notify the public directly if Cotton Lee Tillis Crapo Manchin Toomey Mr. MCCONNELL. Mr. President, I there is a danger from lead in the Daines McCain Vitter send a cloture motion to the desk for water system if a State fails to do so Enzi McConnell Wicker the underlying bill, S. 2012. within 15 days. No more arguing about Ernst Moran The PRESIDING OFFICER. The clo- whose responsibility it is while fami- NOT VOTING—5 ture motion having been presented lies continue drinking water that we Cruz Rubio Shelby under rule XXII, the Chair directs the know is not safe. No more finger-point- Graham Sanders clerk to read the motion. ing after the fact. This amendment The PRESIDING OFFICER. Under The legislative clerk read as follows: says that when there is a problem with the previous order requiring 60 votes CLOTURE MOTION the water, people have a right to know for the adoption of this amendment, We, the undersigned Senators, in accord- and that it is the EPA’s job to make the amendment is rejected. ance with the provisions of rule XXII of the sure they do. The sooner we know The Senator from Alaska. Standing Rules of the Senate, do hereby about lead contamination, the sooner Ms. MURKOWSKI. Madam President, move to bring to a close debate on Calendar we can get to work to fix it. That is we have just concluded this series of No. 218, S. 2012, an original bill to provide for why notification is critical. But notifi- eight votes. You combine that with the the modernization of the energy policy of the cation is just the beginning. The rollcall votes we had yesterday, as well United States, and for other purposes. Mitch McConnell, Lisa Murkowski, Cory amendment before us this week will be as the voice votes we have taken, and Gardner, Mike Crapo, John Cornyn, just the beginning of our work to pro- we are up to 27 amendments that we John Barrasso, Steve Daines, Richard tect Americans from unsafe levels of have processed. We are moving right Burr, Bill Cassidy, Pat Roberts, John lead. along. Hoeven, Shelley Moore Capito, John The Centers for Disease Control esti- I appreciate the cooperation of Mem- Thune, James E. Risch, Lamar Alex- mates that at least 4 million American bers on both sides and the staff who are ander, John McCain, Rob Portman. households—4 million American house- working as we speak to see if we can Mr. MCCONNELL. Mr. President, I holds with children—are exposed to pull together yet another block of ask unanimous consent that the man- high levels of lead. We know what that amendments we will be able to accept datory quorum call under rule XXII of does to their brain development. We by voice vote. We will not have any the Standing Rules of the Senate with know the impact it has for the rest of more rollcall votes for the remainder respect to the cloture motions be their lives. Four million households in of today, but know that we are working waived. this country have children who are ex- aggressively to try to process as many The PRESIDING OFFICER. Without posed to high levels of lead even amendments as we can by voice vote objection, it is so ordered. though we know it isn’t safe. and then set up a process tomorrow. The Senator from Ohio. This problem stretches far beyond We will notify Members in terms of Mr. BROWN. Mr. President, I ask Flint, MI, and far beyond just our when we might be able to expect votes unanimous consent to speak as in water systems. Corroded lead pipes are on amendments. I thank colleagues for morning business. a major health hazard, but they are far the good work today. We encourage The PRESIDING OFFICER. Without from the only source of lead poisoning. you to come down to the floor, speak objection, it is so ordered. We know that too many of our children

VerDate Sep 11 2014 04:36 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.009 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S478 CONGRESSIONAL RECORD — SENATE February 2, 2016 are exposed to lead through paint— ducted the same test on toys in 2011, isolated populated place on the planet mostly in older homes and mostly in none of them tested positive for dan- and the most beautiful place in the lower income homes—and even the dirt gerous levels of lead. world. in their backyards. Imagine that. In spite of the fact that many people Senator Kahele devoted his life to The devastating effects of lead poi- sitting in this body won their elections public service, but political office for soning fall disproportionately on low- by saying that the government can him was an afterthought. Gil was a income children and on children of never do anything good, that the gov- veteran of the U.S. Marine Corps. He color. They are more likely to live in ernment can never have an impact on worked for the State’s department of older homes closer to the city center our lives, and that the government is defense for 33 years and eventually be- and in rental housing that is poorly too big, that is what the government came director of public works at the maintained. I have seen it firsthand in did—we passed a consumer protection Pohakuloa Training Area. Ohio. The Cleveland Plain Dealer con- bill in 2008. Two years later we found Gil took office in 2011 and dedicated ducted an investigation last fall. They that comparable toys don’t have lead his efforts to the people of Senate Dis- found that some 40,000 Cuyahoga Coun- paint in them. So we know we can trict 1. He was the chair of the Tourism ty children have tested positive for make progress when we work together and International Affairs Committee. lead poisoning in the last 10 years. and strengthen consumer protections Gil was committed to supporting the Think about that—40,000 children in to ensure that agencies tasked with needs of his district and was instru- that community alone have been tested protecting children have the resources mental in securing funding for the Col- for lead poisoning over the past 10 they need. lege of Pharmacy at the University of years and have tested positive. We need to take the lead in our Hawaii at Hilo. Paint chips shed from molding and water, in our communities, and in our The circumstances of my election in windowsills in older homes turn into homes just as seriously as lead in toys. 2014 were unusual in the extreme, and dust that is easily ingested. Sometimes It is not enough to just respond to the they brought me to Gil. On election babies pick up lead chips and chew on crisis at hand. We should do that in night, I was ahead by fewer than 2,000 them because they are colorful. Flint, we should do that in Sebring, votes, but there were parts of Hawaii The danger hasn’t subsided. More and we should do that in smaller com- Island—two precincts in particular— than 187,000 homes in Cuyahoga County munities in Ohio in older homes—all of that were unable to vote because of a are putting their occupants at risk of those things. But it is not enough just category 4 hurricane that hit the lead poisoning. That is why our efforts to respond. Once children have been ex- southern part of the Big Island, the can’t stop with Michigan and can’t posed, the effects can’t be erased. We Puna District. As a result, the day stop with lead in our water. have to do more to help protect fami- after the primary election day, we real- The good news is, we can combat lies from being exposed to lead in the ized we weren’t quite done, and so we this. I know we can because we have first place. went to Puna. But more than the elec- done it before. In 2012 a number of my We did the right thing in December tion not being done, the people of Puna colleagues—Senators FRANKEN from when we funded critical programs at were without water and power. Their Minnesota, CASEY from Pennsylvania, the CDC and at Housing and Urban De- food was rotting, their roads weren’t and MERKLEY from Oregon—wrote to velopment that helped prevent lead clear, and they had no working utili- the EPA about the danger posed by poisoning and monitor lead levels in ties. So we went to work—not gath- former lead smelter sites in urban resi- children, but we can’t stop there. We ering votes but gathering provisions; dential communities. I was in one of are seeing in Flint, we are seeing in not walking door to door to campaign those neighborhoods and talked to peo- Sebring, OH, and we are seeing in cities but literally standing on the road ple who had seen far too much lead in across our country that current efforts handing out blocks of ice for the folks the dirt where their children play in are not enough. Senator STABENOW and in Puna. We did this every day for a front or behind their houses. Because Senator PETERS’ amendment is a first week, with Gil and the Kahele ohana, of our efforts and some diligent report- good step. I hope we will use this op- until a sense of normalcy was eventu- ing by reporters at USA TODAY, the portunity to examine what more we ally restored. For their family, this EPA has acted to reexamine hundreds can do to protect our children, espe- was just what you do if you are a per- of former lead factory sites, helping cially those young enough that their son like Gil Kahele, born in a grass communities address and deal with this brain is developing. Lead poisoning ar- shack in the fishing village of Miolii, a problem. Think about this: You move rests much of their brain development Native Hawaiian who served his coun- into a home. You didn’t know that 40 and affects the rest of their lives. We try, his State, his community, and his years ago this neighborhood had a lead have to do whatever we can to protect family the best way he knew how— smelting plant. Your children play in our children from the terrible effects of with aloha. it. You have no idea that soil is con- lead poisoning. Mr. President, I suggest the absence taminated from that lead smelter that The PRESIDING OFFICER. The Sen- of a quorum. closed decades ago. ator from Hawaii. The PRESIDING OFFICER. The We also worked to combat the threat Mr. SCHATZ. Mr. President, I ask clerk will call the roll. of lead in our children’s toys. In 2007 unanimous consent to speak as in The legislative clerk proceeded to Ashland University professor Jeff morning business. call the roll. Weidenhamer found that more than The PRESIDING OFFICER. Without Mr. WYDEN. Mr. President, I ask one in seven Halloween toys he pur- objection, it is so ordered. unanimous consent that the order for chased and tested through his classes REMEMBERING STATE SENATOR GIL KAHELE the quorum call be rescinded. contained dangerous levels of lead, Mr. SCHATZ. Mr. President, what is The PRESIDING OFFICER. Without most of them made in China, most of aloha? It is not a catchphrase. As it is objection, it is so ordered. them painted by companies con- commonly understood, it is synony- WILDFIRE PREVENTION FUNDING tracting with U.S. toy companies. Who mous with kindness, with love, with Mr. WYDEN. Mr. President, last year is responsible for that? Surely the Chi- hospitality, with a Hawaiian perspec- more acreage in our forests burned nese companies’ subcontractors that tive, but it is difficult for those not than ever before. I know the Presiding put the lead paint on the toys but cer- from Hawaii to fully understand its Officer understands what this has been tainly the U.S. toy companies that meaning and for those of us from Ha- like in the West over the last few contracted with them and didn’t care waii to fully explain. years. Senator CRAPO and I have dedi- enough or know enough to check the No one embodied the spirit of aloha cated something like 5 years of our quality of these toys. Following that more than State senator Gil Kahele, professional lives to coming up with shocking discovery, we worked with who died suddenly last week. He was a practical approaches to deal with this Professor Weidenhamer and other ex- living personification of the idea that mushrooming problem. There are a perts to pass the bipartisan Consumer we are all in this together, that it real- whole host of issues that go into mak- Product Safety Improvement Act in ly does mean something to live to- ing a sensible forestry policy to make 2008. When Professor Weidenhamer con- gether in an island State in the most sure that we can protect our treasures

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.054 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S479 in the West, have jobs in the woods What Senator CRAPO and I said is There is a very important statistic that are sustainable, and keep our for- that we will work with all of the budg- that I think everyone in America ests healthy. et authorities. We were very much in- should understand about this critical In order to do that, one of the most volved with Chairman ENZI in this. We issue. I just said that there were 68,151 important reforms that are necessary could come up with some budget proc- fires in America last year. One percent is the one that Senator CRAPO and I ess issues that would be acceptable of those fires cost 30 percent of the fire- have been working on. I really began here in the Senate and also to our col- fighting budget. Those are the fires on this before I was the chairman of leagues in the House. that became catastrophes. They be- the Energy and Natural Resources There was a colloquy last week came catastrophic. The solution we Committee. Senator CRAPO and I lit- among the chairs of the Energy, Budg- have come together on to help address erally have teamed up now for half a et, and Agriculture Committees that this issue is simply to make a very ob- decade to end a particularly inefficient indicated that they very much want a vious conclusion and to put it into the and harmful economic and environ- resolution of the issue. I am pleased law; that is, when we get a fire that is mental policy that we call fire bor- that they are interested in hearings 1 percent of the fires that cost 30 per- rowing. Fire borrowing takes place and working on legislation and moving cent of the firefighting and do so much when Congress fails to budget enough in February and March. I felt that this of the damage, we declare that they are money to fight wildfires, forcing agen- was a promising start to the year be- natural disasters—just like the earth- cies to raid their other accounts, in- cause that is what Senator CRAPO and quakes, the hurricanes, the tornadoes, cluding accounts to prevent wildfires. I were after last July when we got a Obviously, there may be some listen- the floods and the other disasters that great many Senators together and we ing in who don’t represent western we acknowledge here in Congress and said that we were going to try to get deal with as disasters when we finance communities. But what Senator CRAPO and I have tried to convey to our col- this worked out so that it could have the efforts to fight them and to re- leagues is that fire borrowing doesn’t been done last fall. We all said that we spond to them. just threaten fire prevention and sup- were going to get together and get this With these numbers in mind, I want pression. It is quicksand that is drag- resolved. to again thank the committee chair- ging down all of the programs at the Obviously, for a variety of reasons it men who came to the floor last week Forest Service: timber sales, stream didn’t happen. But I think what we and engaged in a colloquy to express restoration, trail maintenance, recre- heard last week strikes me as a begin- how serious this issue is. It is getting ation, and many more. ning to finally getting this unstuck, to a crisis point. As those Senators last So Senator CRAPO and I said that this and I have been so appreciative of week noted, when it comes to how we was too important to have yet another working with the Senator on this now fight wildfires, we are in a crisis. issue that gets thrown around, batted for something like 5 years. I would be For more than a decade, as fires have around like another bit of cannon fod- interested in the Senator’s reaction raged across the West, we have seri- der for partisan kind of drills. We have with respect to this situation. ously underbudgeted for the necessary put together legislation with 21 cospon- The PRESIDING OFFICER. The Sen- suppression costs with these disasters. sors in the Senate and 145 in the House ator from Idaho. To make matters worse, the lack of re- to end fire borrowing. Our legislation is Mr. CRAPO. Mr. President, I strongly sources to fight the worst of our annual supported by a coalition of more than agree with my friend and colleague fires has forced land management 250 groups of anglers, sportsmen, envi- Senator WYDEN from Oregon. He is ab- agencies into what Senator WYDEN has ronmentalists, and timber companies. solutely right that we have been work- so ably described—fire borrowing that It is pretty hard to get more than a ing on this for probably 5 years as we results in less money for the very ac- handful of people to agree on much of have worked to identify the solution tivities that can prevent the large dev- anything here in Washington, DC. and then build the coalition of support astating fires from happening in the What Senator CRAPO and I have been to implement the solution that is nec- first place. What happens is our man- talking about now has more than 250 essary for this critical problem. agement agencies, the Forest Service, organizations behind it. I am also very appreciative, as Sen- Bureau of Land Management, and Despite the overwhelming support for ator WYDEN has said, that we had the those who deal with the wild lands and this effort, the bill has been stuck. To- chairman of the Energy Committee, grasses that burn, have had to borrow night what Senator CRAPO and I are the chairman of the Budget Com- from all of their other funds so that going to talk about is how we can work mittee, and the chairman of the Agri- they can’t adequately manage the land. together with our colleagues to unstick culture Committee engaged in a col- As a result, we end up with more bad this and to get it done. We felt that all loquy last week discussing the urgency fires, and every year the catastrophic along we had been doing what it took of resolving this issue. I believe we are fires grow. to make this happen. We talked to our now getting to a point at which the un- When the Forest Service is forced to colleagues of both parties. We nego- derstanding of how critical it is to re- borrow to fight fires, they are actually tiated. We talked to House Members. solve this issue has penetrated deeply borrowing against jobs, recreational We talked to Senate offices. We talked into the political fiber of both the Sen- opportunities, and proper forest man- to the administration. We talked to ate and the House. Now we need to agement. The best way to think of fire timber and environmental people. All take that momentum and continue to borrowing is less timber, less jobs, and we said is that it makes sense, even move forward. less access to these beautiful lands be- though there are a whole host of As we take stock of last year’s fire cause while it is fire borrowing, in changes that you can pursue for a sen- season, the statistics are sobering. Sen- many cases it delays the repayment in sible fire policy to end fire borrowing ator WYDEN referenced a little bit of it. ways that actually cancel projects, un- for good, to end the erosion of the For- Let me just add to that a little bit. dercut the ability to implement proper est Service budget, and to start focus- Nationally, last year, we had 68,151 forest management, lose jobs, and re- ing on prevention. Wouldn’t it make fires that burned 10.1 million acres and duce access to our public lands. Per- more sense to concentrate on preven- cost over $1.7 billion in suppression op- haps the most destructive is the fact tion, going in there and thinning out erations. These fires accounted for the that less work in the woods means that the forests and using sensible fire pre- loss of roughly 4,600 structures, and, the harmful cycle just gets worse. vention strategies rather than not to most tragically, the lives of 13 wild As Senator WYDEN has noted, to ad- do the prevention and have the forests land firefighters. dress this problem, we have consist- get hot and dry? Then we have light- This set of statistics is a set of sta- ently introduced legislation for years ning strikes in our part of the world. tistics that is growing every year. We now that would treat the devastating All of a sudden you have an inferno on are seeing more fires and more cata- fires as the disasters that they are. your hands, and they don’t have strophic fires every year because we I need to back up for a second. We enough money to put all these fires are not managing our forests properly, talk about the fact that there is a cost out. So you borrow from the preven- and we are not dealing with the crisis that is not being provided for by Con- tion fund and the problem gets worse. that is creating in forest fires. gress and that this fire borrowing has

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.056 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S480 CONGRESSIONAL RECORD — SENATE February 2, 2016 to happen, but I think it is critical to going to have to be bicameral. Those States has free-trade agreements with note that our solution has been scored are probably the most important words half of the TPP countries. Most of the by both the Congressional Budget Of- in this whole discussion. It is going to TPP’s 30 chapters don’t even deal with fice and by the OMB at the White have to be bipartisan and it is going to traditional trade issues. No. Most of House as having zero budget impact. It have to be bicameral. TPP is about letting multinational will not increase the deficit because we We have lots of committees involved. corporations rig the rules on every- do end up paying to fight these fires, it We have the Energy and Natural Re- thing from patent protection to food is just the way that we end up paying sources Committee that I am on and safety standards all to benefit them- to fight them is the way we deal with the Agriculture, Nutrition, and For- selves. so much of our catastrophic health estry Committee, and the Budget Com- The first clue about whom the TPP care—at the emergency room with the mittee that both of us have been on. helps is who wrote it. Twenty-eight most expensive solutions, the worst We have lots of committees in the Sen- trained advisory committees were outcomes, and we don’t deal with the ate, and we have partners in the House formed to whisper in the ear of our underlying crisis. who have also played a meaningful trade negotiators to urge them to move While there is broad agreement from role. this way or that way during negotia- lawmakers on both sides of the aisle I would like to think that Senator tions. Who are the special privileged and in both Houses of Congress that a CRAPO and I were able to move that bi- whisperers? Well, 85 percent are cor- fix to fire borrowing is needed, there partisan, bicameral process a fair way porate executives or industry lobby- have been different approaches to the down the road at the end of last year, ists. Many of the committees—includ- solution. Senator WYDEN and I have but what we are saying is: Let’s now ing those on chemicals and pharma- been very willing to work with those vow, as a body and working with our ceuticals, aerospace equipment, tex- who have different ideas about how we colleagues, to make sure we are not tiles and clothing, and financial serv- need to solve this problem and can ac- back here in the winter of 2017 after ices—are 100 percent industry rep- tually make adjustments in our legis- yet another horrendous fire season and resentatives. In 15 advisory commit- lation as we move forward to deal with once again saying: You know, this For- tees, no one—no one—was in the room issues and concerns that others have est Service practice is a textbook case who represented American workers or raised. of inefficiency, and we are explaining American consumers. There was no one We are now at the crisis point, and what fire borrowing is and how it does in the room who worried about the en- now we need to move forward and put so much damage in the forest and to forcement of environmental issues or a final resolution in place. Senator forest health. protection against human rights WYDEN and I have worked with these This is about the betterment of rural abuses. Nope. Day after day, meeting lawmakers and will continue to work resource-dependent communities, espe- after meeting, our official negotiators with them. We are simply here tonight cially in the West and around the coun- listened to the whispers of the giant in- to say that we are very pleased to see try. Senator CRAPO and I have worked dustries and heard little from anyone that the leadership of the critical com- together on other past efforts, such as else. mittees in the Senate and others who the secure rural schools legislation and The second clue about what is going are so concerned about this issue are in the Healthy Forests Restoration Act. on is that it all happened behind closed agreement that we need to put this on We were both involved in those efforts doors. The U.S. Trade Representative, the front burner and engage with devel- and they were, in fact, bipartisan and Michael Froman, says that the United oping a solution and putting it into bicameral. States has been working to negotiate law. Tonight our hope is, as a result of this trade deal for over 51⁄2 years, but I look forward to working with Sen- this discussion and what we heard on the text of the agreement was hidden ator WYDEN, the chairman of our En- the floor of the Senate last week, that from public view until just 3 months ergy, Budget, and Agriculture Commit- in fact after more than 5 years of effort ago, and when I say hidden, I mean hid- tees, and all the interested stake- on this issue, that this time the Con- den. The drafts were kept under lock holders whom Senator WYDEN men- gress, on both sides of the Capitol, will and key so that even Members of the tioned—250 groups from across the po- come together and will work with the Senate had to go to a secure location litical spectrum. This is one of those administration. They indicated support to see them, and then we weren’t al- issues in which those groups that so for what we were doing last year and lowed to say anything to anyone about often have different perspectives on will indicate support early on for ef- what we had actually seen. A rigged how to manage our public lands are in forts that are bipartisan and bi- process produces a rigged outcome. agreement, and we need to take this cameral. The sooner we can get on with When the people whispering in the ears support—the political agreement that that, the better. That is why it is good of our negotiators are mostly top ex- is taking place and the political aware- news that the committees will be start- ecutives and lobbyists for big corpora- ness of the crisis that is happening— ing hearings and legislative consider- tion—and when the public is shut out and move forward to the implementa- ation shortly, and we look forward to of the negotiating process—the final tion of a solution. working with our colleagues. deal tilts in favor of corporate inter- I appreciate the opportunity to come I yield at this time. ests. to the floor tonight and talk with Sen- The PRESIDING OFFICER. The Sen- Evidence of this tilt can be seen in a ator WYDEN one more time about this ator from Massachusetts. key TPP provision, investor-state dis- as we move to the final stages of imple- TRANS-PACIFIC PARTNERSHIP AGREEMENT pute settlement, ISDS. With ISDS, big menting this important legislation. Ms. WARREN. Mr. President, on companies get the right to challenge The PRESIDING OFFICER. The Sen- Thursday, 12 countries will sign a mas- laws they don’t like, not in courts but ator from Oregon. sive trade agreement to change the in front of industry-friendly arbitra- Mr. WYDEN. Mr. President, I thank rules for 40 percent of the world’s econ- tion panels that sit outside any court my friend from Idaho, and in wrapping omy, but the Trans-Pacific Partnership system. Those panels can force tax- this up I wish to convey what the bot- will not go into effect unless Congress payers to write huge checks to big cor- tom line really is here. approves it. I urge my colleagues to re- porations with no appeals. Workers, en- Senator CRAPO and I do not want to ject the TPP and stop an agreement vironmentalists, and human rights ad- be back on the floor of the U.S. Senate that will tilt the playing field even vocates don’t get the special right, in the winter of 2017 once again talking more in favor of big multinational cor- only corporations do. about how something got stuck or porations and against working fami- Most Americans don’t think of keep- somebody didn’t agree with somebody lies. ing dangerous pesticides out of our on one small aspect of this, and as a re- Much of the debate over this trade food or keeping our drinking water sult fire borrowing is still in place. agreement has been described as a fight clean as trade issues, but all over the What Senator CRAPO and I are saying is over America’s role in setting the rules globe companies have used ISDS to de- we want to work with all sides. It is of international trade, but this is a de- mand compensation for laws they don’t going to have to be bipartisan and it is liberate diversion. In fact, the United like. Just last year a mining company

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.058 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S481 won an ISDS case when Canada denied Mr. GARDNER. Mr. President, I Last night we had an amendment the company permits to blast off the would like to take a moment to ap- that passed by voice vote which re- coast of Nova Scotia. Today, Canadian plaud the great work that Chairman quires Federal agencies to implement taxpayers are on the hook for up to MURKOWSKI and Ranking Member energy savings projects at Federal fa- $300 million all because their govern- CANTWELL are doing this week on the cilities. For the past several years, we ment tried to protect its environment Energy bill to get this bill to the have been carrying out mandatory Fed- and tried to protect the livelihood of floor—the Energy Policy Moderniza- eral energy audits that outline energy local fishermen. tion Act of 2016. They have been lead- savings projects for Federal facilities ISDS hasn’t been a problem just for ers and have shown their commitment that are aimed at reducing energy con- other countries. We have seen the dan- to developing and advancing what is sumption and saving tax dollars, but gers of ISDS right here at home. Last truly a bipartisan bill. Federal agencies were not required to year, the U.S. State Department con- This legislation is a result of nearly implement these changes. So we were cluded, and President Obama agreed, a year’s work on the Energy and Nat- actually spending Federal dollars to that the Keystone XL Pipeline would ural Resources Committee, with four find out how we can save Federal dol- not serve the national interests of the legislative hearings leading up to a lars. Yet we would put that report on a United States. It was a long fight, but July markup. There have been many shelf where it could gather dust, and the administration, applying American hours put into the base text, and we we actually didn’t implement the tax- law, decided that the pipeline was a had a strong bipartisan vote to report payer savings that the reports sug- threat to our air, to our water, and to the bill out of committee 18 to 4. It is gested. We are not talking about just a our climate and denied the permit, but also nice to see Members over the past little bit of savings; we are talking the oil company that wants to build several days, and last week as well, about billions upon billions of dollars this pipeline doesn’t think the buck having the opportunity to amend the of savings that we could put upon the stops with our President. Now this for- bill on the floor—to make it even Federal Government simply by making eign oil company is using the ISDS stronger through an open amendment the billions of square feet of office provision in NAFTA to demand more process throughout this past week. space that the Federal Government has than $15 billion in damages from the The Energy Policy Modernization more energy efficient—all, again, by United States just because we turned Act will mean more energy efficiency, down the Keystone Pipeline. more energy generation, and more jobs using private sector know-how and pri- The Nation’s top experts in law and in the energy sector. Promoting energy vate sector ingenuity, with zero tax- economics have warned us about the efficiency and clean alternative power payer dollars involved. This amend- dangers of ISDS. Nobel Prize-winning sources is something that has been a ment that we added last night would economist Joe Stiglitz, Harvard law focus of my service, and I am pleased make sure those requirements—those professor Laurence Tribe, and others that I have had a chance in my role on findings of energy savings—are actu- recently noted that if ISDS panels the Energy and Natural Resources ally put into place. Instead of just force countries to pay high enough Committee to continue shaping Fed- gathering dust on the shelf, we are fines, the countries will voluntarily eral energy policy in the U.S. Senate. going to make them a reality. drop the health, safety, labor, and envi- We have before us this week an op- Section 3002 of the bill would reau- ronmental laws that big corporations portunity to really advance our na- thorize a Department of Energy pro- don’t like. That is exactly what Ger- tional energy policy and to think about gram for 10 additional years to provide many did in 2011 when they cut back on what our national energy policy means funding to retrofit existing dams and environmental regulations after an for this country—energy being a cor- river conduits with electricity-gener- ISDS lawsuit. nerstone of our economy and our secu- ating technology. It is estimated by Everyone understands the risks asso- rity. It means more jobs, it means the Department of Energy that there is ciated with ISDS. In fact, the issue got more growth, and perhaps even one of up to 12 gigawatts of untapped hydro- so hot over tobacco companies using the most potent foreign policy tools power development within the Nation’s ISDS to roll back health standards this Nation has to offer our allies. existing dam infrastructure—12 around, the world that the TPP nego- I wish to take a little bit of time to gigawatts already there, untapped. tiators decided to limit the use of ISDS highlight several provisions of the bill Right now we estimate that only about to challenge tobacco laws. That is a that I helped champion and sponsor to 3 percent of the Nation’s 80,000 existing pretty bold admission that ISDS can be get included in the base of the text. dams are used to generate clean hydro- used to weaken public health laws. Section 1006 would encourage the use electric power. If people are concerned I am glad tobacco laws are protected of something called energy savings per- about zero emissions and carbon emis- from ISDS, but what about food safety formance contracts and utility energy sions, hydropower is one of the great- laws or drug safety laws or any other savings contracts in Federal buildings. est opportunities we have—hydro- regulation that is designed to protect It is a long name for something that electric generation—to produce clean our citizens? Under TPP every other probably doesn’t fit very well on a energy, a renewable resource and emis- company, regardless of the health or bumper sticker. But what energy sav- sion free. safety impact, will be able to use ISDS. ings performance contracts and utility We have heard from the Colorado Congress will have to vote straight energy savings contracts do is some- Small Hydro Association that there are up or down on TPP. We will not have a thing very simple. They are tools that new Colorado hydroelectric projects chance to strip out any of the worst will allow innovative public and pri- benefiting from this program that were provisions like ISDS. That is why I op- vate partnerships to occur, that allow originally authorized in the Energy pose the TPP, and I hope Congress will private companies to use private dol- Policy Act of 2005. These projects in- use its constitutional authority to stop lars to make energy efficient upgrades clude new small hydro projects near this deal before it makes things even to Federal buildings. The private com- Ouray, Creede, Grand Lake, and Ridge- worse and more dangerous for Amer- panies are then reimbursed for up- way, CO. ica’s hardest working families. grades once the Federal buildings’ en- Another measure I have been work- Thank you, Mr. President. I yield the floor. ergy costs are lower. So, in essence, we ing on over the past several years is I suggest the absence of a quorum. are taking private sector ingenuity and section 2201, which expedites the ap- The PRESIDING OFFICER. The know-how and private sector invest- proval of liquefied natural gas export clerk will call the roll. ments and putting them into Federal applications. I carried this measure in The bill clerk proceeded to call the buildings to lower utility costs, to the House where we passed it with bi- roll. make sure we are doing a better job of partisan support, and now we are going Mr. GARDNER. Mr. President, I ask heating or cooling or turning the lights to be able to pass it with bipartisan unanimous consent that the order for on in our buildings, all through private support in the U.S. Senate. the quorum call be rescinded. sector know-how, with no cost to the When we think about the foreign pol- The PRESIDING OFFICER (Mr. taxpayer, resulting in taxpayer savings icy potential that expediting liquefied DAINES). Without objection, it is so or- and, of course, thousands of private natural gas has for this country and dered. sector jobs. the world, it is truly significant. We

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.059 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S482 CONGRESSIONAL RECORD — SENATE February 2, 2016 now can send to our allies in Eastern man MURKOWSKI and so many of our The PRESIDING OFFICER. Without Europe and around the globe—nations colleagues for including these provi- objection, it is so ordered. that are currently dependent on energy sions so important to States like Colo- Ms. MURKOWSKI. Mr. President, we from tyrannical governments or gov- rado and the Presiding Officer’s State have been working hard this afternoon. ernments that would use their energy of Montana, and for what we have been I think we had a very productive day. contracts and pricing to try to gouge able to do in this Energy bill. We processed eight amendments, which their neighbors or to manipulate mar- We are spending this time on energy was very good for the process we are in. kets for their own gain of an unscrupu- because it is so important to this coun- I have appreciated Members’ coopera- lous leader—it is a foreign policy tool try. Why is it important? Because it tion with that. that the United States can now provide means jobs. It means an economic We have been working through the to our allies abundant, affordable en- foundation. Abundant and affordable back-and-forth to come up with a pack- ergy. This bill will allow that liquefied energy means the opportunity for a age of amendments that we can process natural gas permitting process to be small business to open up. It means the by voice vote. It has been good. It has expedited. Nations can’t wait to get ability of our neighbors to be able to been a little lengthier than we had an- their hands on U.S. energy. The De- afford to cool or heat their homes, to ticipated, but I think we are in a good partment of Energy has said that they be able to turn on the light switch place now and I am pleased with that. can comply with the terms of this bill. when they wake up in the morning and Again, tomorrow we will look to set up It is a no-brainer. go home at night. a series of additional votes. Members I also sponsored language in section Over the past year we have looked can expect that beginning probably in 4101 of the bill to commission a study back at the work the Senate has done, the afternoon, but we are also looking of the feasibility and the potential ben- and really the past year has been a to adopt additional votes as we try to efits that could be brought about by an very productive one in the Senate for reach that unanimous consent agree- energy-water Center Of Excellence the American people. We have focused ment. within the Department of Energy’s na- on four things in the Senate—four cor- AMENDMENTS NOS. 3064; 3065, AS MODIFIED; 3179; tional laboratories. In Colorado we are ners—something that I call my four 3145; 3174; 3140, AS MODIFIED; 3156; 3143; 3194, AS home to the National Renewable En- corners plan: Working on education, MODIFIED; 3205; AND 3160 TO AMENDMENT NO. ergy Laboratory. We are also home to passing a bipartisan education bill; 2953 some of the most incredible waterways areas such as our economy, and pro- Ms. MURKOWSKI. Mr. President, at our Nation has to offer. We are also viding tax relief to small businesses this point in time we are now ready to home, of course, to the high plains and people around the country; passing process some amendments by voice areas of the Western Slope and the a bipartisan transportation bill to vote. Eastern Plains that need more atten- make sure we are getting goods to and I ask unanimous consent that the fol- tion when it comes to how we are going from the market. We have worked on lowing amendments be called up and to develop our energy sources while the environment by passing the Land reported by number: Hirono amend- and Water Conservation Fund. In fact, also making sure we are protecting our ment No. 3064; Hirono amendment No. this bill will address the great program water and making sure we are being 3065, with modification; Klobuchar of the Land and Water Conservation good conservationists when it comes to amendment No. 3179; Inhofe-Carper Fund, which has benefited all 50 States our water. An energy-water Center Of amendment No. 3145; Heitkamp amend- across the country with projects in Excellence would aid in efforts to es- ment No. 3174; Collins-Klobuchar every single one. This bill, the Energy tablish a comprehensive approach for amendment No. 3140, with modifica- Modernization Policy Act that we are managing energy and water resources tion; Baldwin amendment No. 3156; working on today, will address the in the future. Carper-Inhofe amendment No. 3143; fourth corner of my four corner plan, In section 3017, I worked to clarify Boxer-Feinstein amendment No. 3194, and that is energy. We will hopefully that oilseed crops are eligible to qual- with modification; Inhofe-King amend- produce hundreds of thousands of jobs ify for the same research provisions as ment No. 3205; and Booker amendment around Colorado and the country, di- biomass. Meeting future demand for No. 3160. rectly or indirectly related to energy energy and fuel will require a variety The PRESIDING OFFICER. Is there development and energy production, of sources, and science and research in- objection? whether that is clean energy, renew- dicate that oilseed crops have the po- Without objection, it is so ordered. able energy, energy efficiency, tradi- The clerk will report the amend- tential to play a significant role. The tional energy, transmission of that en- ments by number. Central Great Plains Research Station ergy to and from consumers; whether it The legislative clerk read as follows: in Akron, CO, is researching right now is produced in the sparsely populated The Senator from Alaska [Ms. MUR- oilseed productivity under varying southeastern areas of Colorado or the KOWSKI], for others, proposes amendments water availability. Meeting our energy densely populated areas of Colorado’s numbered 3064; 3065, as modified; 3179; 3145; needs in an increasingly drought-rid- front range and beyond. I hope our col- 3174; 3140, as modified; 3156; 3143; 3194, as den area will only become harder and leagues will agree to support and pass modified; 3205; and 3160 en bloc to amend- harder. Without the necessary re- this legislation so that it actually con- ment No. 2953. search, we may not have an appro- tinues American leadership when it The amendments are as follows: priate response, but with continued in- comes to energy policy. AMENDMENT NO. 3064 novation, we will have a great one. So I thank the Presiding Officer for (Purpose: To modify a provision relating to Oilseeds can hold the key to pro- his leadership. I know in Montana this the energy workforce pilot grant program) viding safe, clean energy that is water Energy bill is an important step for- In section 3602(d)(1)(B), after ‘‘State’’ in- efficient—a key for the increasingly ward because it represents an all-of- sert the following: ‘‘(as defined in 202 of the drought-ridden West. the-above energy policy. I want to Energy Conservation and Production Act (42 One of the things we know we have to thank the Presiding Officer for his U.S.C. 6802)) (referred to in this section as the ‘State’)’’. consider in agriculture, as farmers leadership in Montana, and I also want sometimes face challenging and some- to thank the chairman of the com- AMENDMENT NO. 3065, AS MODIFIED (Purpose: To modify a provision relating to times historic lows in commodity mittee, Senator MURKOWSKI, for her the energy workforce pilot grant program) prices, is to make sure we are finding leadership as well. new ways and new value to the crops Mr. President, I yield the floor. In section 3602(d), strike paragraph (3) and they can raise. The development of oil- I suggest the absence of a quorum. insert the following: seeds, development of dryland oilseed The PRESIDING OFFICER. The (3) work with Indian tribes (as defined in technologies is an incredible way for us section 4 of the Indian Self-Determination clerk will call the roll. and Education Assistance Act (25 U.S.C. to bring value-added opportunities to The bill clerk proceeded to call the 450b)), tribal organizations (as defined in sec- rural America. roll. tion 3765 of title 38, United States Code), and These are only a few of the provisions Ms. MURKOWSKI. Mr. President, I Native American veterans (as defined in sec- that I have worked to advance in this ask unanimous consent that the order tion 3765 of title 38, United States Code), in- bill, and I wish to thank, again, Chair- for the quorum call be rescinded. cluding veterans who are a descendant of an

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Alaska Native (as defined in Section 3(r) of AMENDMENT NO. 3174 (B) outlines options for how price stabiliza- the Alaska Native Claims Settlement Act (Purpose: To affirm a Federal commitment tion contracts may be structured and regula- (432 U.S.C. 1602(r).’’ to carbon capture utilization and storage tions that would be necessary to implement research, development, and implementa- a contracting program described in para- AMENDMENT NO. 3179 tion and to study the costs and benefits of graph (1). contracting authority for price stabiliza- (Purpose: To modify the areas of focus under AMENDMENT NO. 3140, AS MODIFIED the grid storage program) tion) On page 302, between lines 14 and 15, insert (Purpose: To require certain Federal agen- On page 174, line 5, insert ‘‘, electric ther- the following: cies to establish consistent policies relat- mal, electromechanical,’’ after ‘‘materials’’. SEC. 3401. SENSE OF THE SENATE ON CARBON ing to forest biomass energy to help ad- CAPTURE, USE, AND STORAGE DE- dress the energy needs of the United AMENDMENT NO. 3145 VELOPMENT AND DEPLOYMENT. States) It is the sense of the Senate that— (Purpose: To provide that for purposes of the At the end of part IV of subtitle A of title (1) carbon capture, use, and storage deploy- III, add the following: Federal purchase requirement, renewable ment is— energy includes thermal energy) (A) an important part of the clean energy SEC. 30ll. POLICIES RELATING TO BIOMASS EN- ERGY. At the end of title III, add the following: future and smart research and development investments of the United States; and To support the key role that forests in the Subtitle I—Thermal Energy (B) critical— United States can play in addressing the en- (i) to increasing the energy security of the ergy needs of the United States, the Sec- SEC. 3801. MODIFYING THE DEFINITION OF RE- United States; retary, the Secretary of Agriculture, and the NEWABLE ENERGY TO INCLUDE (ii) to reducing emissions; and Administrator of the Environmental Protec- THERMAL ENERGY. (iii) to maintaining a diverse and reliable tion Agency shall, consistent with their mis- (a) IN GENERAL.—Section 203 of the Energy energy resource; sions, jointly— Policy Act of 2005 (42 U.S.C. 15852) (as amend- (2) the fossil energy programs of the De- (1) ensure that Federal policy relating to partment should continue to focus on re- ed by section 3001(b)) is amended— forest bioenergy— search and development of technologies that (1) in subsection (a), by inserting ‘‘a num- (A) is consistent across all Federal depart- will improve the capture, transportation, use ber equivalent to’’ before ‘‘the total amount ments and agencies; and (including for the production through bio- (B) recognizes the full benefits of the use of of electric energy’’; fixation of carbon-containing products), and (2) in subsection (b)— forest biomass for energy, conservation, and injection processes essential for carbon cap- responsible forest management; and (A) by redesignating paragraph (2) as para- ture, use, and storage activities in the elec- graph (3); (2) establish clear and simple policies for trical and industrial sectors; the use of forest biomass as an energy solu- (B) by inserting after paragraph (1) the fol- (3) the Secretary should continue to part- lowing: tion, including policies that— ner with the private sector and explore ave- (A) reflect the carbon-neutrality of forest ‘‘(2) QUALIFIED WASTE HEAT RESOURCE.—The nues to bring down the cost of carbon cap- bioenergy and recognize biomass as a renew- term ‘qualified waste heat resource’ means— ture, including through loans, grants, and se- able energy source, provided the use of forest ‘‘(A) exhaust heat or flared gas from any questration credits to help make carbon cap- biomass for energy production does not industrial process; ture, use, and storage technologies more cause conversion of forests to non-forest use. ‘‘(B) waste gas or industrial tail gas that competitive compared to other technologies (B) encourage private investment through- would otherwise be flared, incinerated, or that are a part of the clean energy future of out the forest biomass supply chain, includ- vented; the United States; and ing in— ‘‘(C) a pressure drop in any gas for an in- (4) the Secretary should continue working (i) working forests; dustrial or commercial process; or with international partners on pre-existing (ii) harvesting operations; ‘‘(D) such other forms of waste heat as the agreements, projects, and information shar- (iii) forest improvement operations; Secretary determines appropriate.’’; and ing activities of the Secretary to develop the (iv) forest bioenergy production; (C) in paragraph (3) (as redesignated by latest and most cutting-edge carbon capture, (v) wood products manufacturing; or subparagraph (A))— use, and storage technologies for the elec- (vi) paper manufacturing; (i) by striking ‘‘produced from’’ and insert- trical and industrial sectors. (C) encourage forest management to im- ing ‘‘produced or, if resulting from a thermal On page 302, line 15, strike ‘‘3401’’ and in- prove forest health; and energy project placed in service after Decem- sert ‘‘3402’’. (D) recognize State initiatives to produce ber 31, 2014, thermal energy generated from, On page 302, line 21, strike ‘‘3402’’ and in- and use forest biomass. or avoided by,’’; and sert ‘‘3403’’. (ii) by inserting ‘‘qualified waste heat re- On page 311, between lines 7 and 8, insert AMENDMENT NO. 3156 the following: source,’’ after ‘‘municipal solid waste,’’; and (Purpose: To strike a repeal under a provi- (3) in subsection (c)— SEC. 3404. REPORT ON PRICE STABILIZATION sion relating to manufacturing energy effi- SUPPORT. (A) by redesignating paragraphs (1) ciency) through (3) as subparagraphs (A) through (C), (a) DEFINITION OF ELECTRIC GENERATION respectively, and indenting appropriately; UNIT.—In this section, the term ‘‘electric Beginning on page 130, strike line 18 and (B) in the matter preceding subparagraph generation unit’’ means an electric genera- all that follows through page 131, line 5. (A) (as so redesignated), by striking ‘‘For tion unit that— Beginning on page 419, line 26, strike ‘‘(as purposes’’ and inserting the following: (1) uses coal-based generation technology; amended’’ and all that follows through and ‘‘(1) IN GENERAL.—For purposes’’; and ‘‘1201(d)(3))’’ on page 420, line 1. (2) is capable of capturing carbon dioxide (C) by adding at the end the following: emissions from the unit. AMENDMENT NO. 3143 ‘‘(2) SEPARATE CALCULATION.— (b) REPORT.—Not later than 180 days after ‘‘(A) IN GENERAL.—For purposes of deter- (Purpose: To reauthorize the diesel emissions the date of enactment of this Act, the Sec- mining compliance with the requirements of retary shall prepare and submit to the appro- reduction program) this section, any energy consumption that is priate committees of Congress a report— At the end of part III of subtitle D of title avoided through the use of renewable energy (1) on the benefits and costs of entering I, add the following: shall be considered to be renewable energy into long-term binding contracts on behalf of produced. the Federal Government with qualified par- SEC. 131l. REAUTHORIZATION OF DIESEL EMIS- ‘‘(B) DENIAL OF DOUBLE BENEFIT.—Avoided ties to provide price stabilization support for SIONS REDUCTION PROGRAM. energy consumption that is considered to be certain industrial sources for capturing car- Section 797(a) of the Energy Policy Act of renewable energy produced under subpara- bon dioxide from electricity generated at an 2005 (42 U.S.C. 16137(a)) is amended by strik- graph (A) shall not also be counted for pur- electric generation unit or carbon dioxide ing ‘‘2016’’ and inserting ‘‘2021’’. poses of achieving compliance with another captured from an electric generation unit AMENDMENT NO. 3194, AS MODIFIED Federal energy efficiency goal.’’. and sold to a purchaser for— (b) CONFORMING AMENDMENT.—Section (A) the recovery of crude oil; or (Purpose: To direct the Secretary of Energy (B) other purposes for which a commercial 2410q(a) of title 10, United States Code, is to establish a task force to analyze and as- market exists; and sess the Aliso Canyon natural gas leak) amended by striking ‘‘section 203(b)(2) of the (2) that— Energy Policy Act of 2005 (42 U.S.C. (A) contains an analysis of how the Depart- At the appropriate place, insert the fol- 15852(b)(2))’’ and inserting ‘‘section 203(b) of ment would establish, implement, and main- lowing: the Energy Policy Act of 2005 (42 U.S.C. tain a contracting program described in SEC. llll. ALISO CANYON NATURAL GAS LEAK 15852(b))’’. paragraph (1); and TASK FORCE.

VerDate Sep 11 2014 02:20 Feb 04, 2016 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD16\S02FE6.REC S02FE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S484 CONGRESSIONAL RECORD — SENATE February 2, 2016 (b) ESTABLISHMENT OF TASK FORCE.—Not (ix) a recommendation on information that strong and able team working with later than 15 days after the date of enact- is not currently collected but that would be mine, as well as the floor staff who ment of this Act, the Secretary shall lead in the public interest to collect and dis- have been doing a great job. and establish an Aliso Canyon Task Force tribute to agencies and institutions for the (referred to in this section as the ‘‘task continued study and monitoring of natural The PRESIDING OFFICER. The Sen- force’’). gas infrastructure in the United States; ator from Washington. (c) MEMBERSHIP OF TASK FORCE.—In addi- (x) an analysis of the impact of the Aliso Ms. CANTWELL. Mr. President, we tion to the Secretary, the task force shall be Canyon natural gas leak on wholesale and just cleared several amendments in a composed of— retail electricity prices; and bipartisan fashion, working back and (1) 1 representative from the Pipeline and (xi) an analysis of the impact of the Aliso forth across the aisle, and I so appre- Hazardous Materials Safety Administration; Canyon natural gas leak on the reliability of (2) 1 representative from the Department the bulk-power system. ciate our colleagues working so dili- of Health and Human Services; (2) PUBLICATION.—The final report under gently on these tonight. If we want to (3) 1 representative from the Environ- paragraph (1) shall be made available to the keep making progress, obviously we mental Protection Agency; public in an electronically accessible format. have to keep communicating, but I (4) 1 representative from the Department (3) If, before the final report is submitted thank everybody involved with getting of the Interior; under paragraph (1) the task force finds these amendments done. (5) 1 representative from the Department methods to solve the natural gas leak at To my colleague from Alaska, thanks of Commerce; and Aliso Canyon; better protect the affected (6) 1 representative from the Federal En- communities; or finds methods to help pre- for her diligence in focusing on these ergy Regulatory Commission. vent other leaks, they must immediately issues. Hopefully we will resolve these (d) REPORT.— issue such findings to the same entities that issues tomorrow. The cloture motion (1) FINAL REPORT.— are to receive the final report. has been filed, so we need to keep mov- (A) IN GENERAL.—Not later than 180 days (e) AUTHORIZATION OF APPROPRIATIONS.— ing forward so that we can resolve after the date of enactment of this Act, the There are authorized to be appropriated to task force shall submit a final report that these issues by the end of this week. carry out this section such sums as may be I yield the floor. contains the information described in sub- necessary. paragraph (B) to— I suggest the absence of a quorum. AMENDMENT NO. 3205 (i) the Committee on Energy and Natural The PRESIDING OFFICER. The Resources of the Senate; (Purpose: To provide for the use of geomatic clerk will call the roll. (ii) the Committee on Natural Resources of data in consideration of applications for the House of Representatives; Federal authorization) The legislative clerk proceeded to call the roll. (iii) the Committee on Environment and On page 196, between lines 7 and 8, insert Public Works of the Senate; the following: Ms. CANTWELL. Mr. President, I ask (iv) the Committee on Transportation and (d) GEOMATIC DATA.—If a Federal or State unanimous consent that the order for Infrastructure of the House of Representa- department or agency considering an aspect the quorum call be rescinded. tives; (v) the Committee on Commerce, Science, of an application for Federal authorization The PRESIDING OFFICER. Without and Transportation of the Senate; requires the applicant to submit environ- objection, it is so ordered. mental data, the department or agency shall (vi) the Committee on Energy and Com- AMENDMENT NO. 3140, AS MODIFIED consider any such data gathered by geomatic merce of the House of Representatives; Ms. CANTWELL. Mr. President, I did (vii) the Committee on Health, Education, techniques, including tools and techniques Labor, and Pensions of the Senate; used in land surveying, remote sensing, car- want to mention on amendment No. (viii) the Committee on Education and the tography, geographic information systems, 3140 that I want to thank everybody Workforce of the House of Representatives; global navigation satellite systems, photo- who worked on that particular amend- (ix) the President; and grammetry, geophysics, geography, or other ment tonight. I know tomorrow we are (x) relevant Federal and State agencies. remote means. going to have a colloquy continuing (B) INFORMATION INCLUDED.—The report AMENDMENT NO. 3160 the dialogue among all our colleagues submitted under subparagraph (A) shall in- (Purpose: To strike a provision relating to clude, at a minimum— who care about these issues as they re- identifyng and characterizing methane hy- (i) an analysis and conclusion of the cause late to energy and biomass and making of the Aliso Canyon natural gas leak; drate resources using remote sensing and sure we are all continuing to work on (ii) an analysis of measures taken to stop seismic data in the Atlantic Ocean Basin) this together. I want to point out that the natural gas leak, with an immediate On page 263, line 5, strike ‘‘or the Atlantic there will be a colloquy on that tomor- focus on other, more effective measures that Ocean Basin’’. row. could be taken; Ms. MURKOWSKI. Mr. President, I (iii) an assessment of the impact of the I suggest the absence of a quorum. ask unanimous consent that the Sen- natural gas leak on health, safety, the envi- The PRESIDING OFFICER. The ronment, and the economy of the residents ate now vote on these amendments en clerk will call the roll. and property surrounding Aliso Canyon; bloc. The legislative clerk proceeded to (iv) an analysis of how Federal and State The PRESIDING OFFICER. Is there call the roll. agencies responded to the natural gas leak; objection? Ms. MURKOWSKI. Mr. President, I (v) in order to lessen the negative impacts Without objection, it is so ordered. of natural gas leaks, recommendations on ask unanimous consent that the order how to improve— Ms. MURKOWSKI. Mr. President, I for the quorum call be rescinded. (I) the response to a future leak; and know of no further debate on these The PRESIDING OFFICER. Without (II) coordination between all appropriate amendments. objection, it is so ordered. Federal, State, and local agencies in the re- The PRESIDING OFFICER. Is there sponse to the Aliso Canyon natural gas leak further debate? f and future natural gas leaks; If not, the question occurs on agree- (vi) an analysis of the potential for a simi- ing to the amendments en bloc. lar natural gas leak to occur at other under- MORNING BUSINESS ground natural gas storage facilities in the The amendments (Nos. 3064; 3065, as United States; modified; 3179; 3145; 3174; 3140, as modi- Ms. MURKOWSKI. Mr. President, I (vii) recommendations on how to prevent fied; 3156; 3143; 3194, as modified; 3205; ask unanimous consent that the Sen- any future natural gas leaks; and 3160) were agreed to en bloc. ate be in a period of morning business, (viii) recommendations on whether to con- with Senators permitted to speak tinue operations at Aliso Canyon and other Ms. MURKOWSKI. Mr. President, I facilities in close proximity to residential appreciate again the cooperation and therein for up to 10 minutes each. populations based on an assessment of the the working relationship with my The PRESIDING OFFICER. Without risk of a future natural gas leak; ranking member, as well as her very objection, it is so ordered.

VerDate Sep 11 2014 02:20 Feb 04, 2016 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD16\S02FE6.REC S02FE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2016 CONGRESSIONAL RECORD — SENATE S485 MONTAGNARDS OF VIETNAM I would ask my colleagues to join me cies, which has wreaked environment Mr. BURR. Mr. President, I want to in supporting this resolution. havoc on Louisiana’s vulnerable coast- take a moment today to recognize the Thank you. al habitats. In response to the bounty, Montagnard community in my State of f businesses across the State began in- venting creative ways to recycle by- North Carolina and in other places ADDITIONAL STATEMENTS across the Nation. I am proud to say products of the rodent. that North Carolina is home to the During this time, Hansel Harlan, the largest population of Montagnards in REMEMBERING DONALD ‘‘BUDDY’’ future founder of Marsh Dog, became the Unites States and home to the WRAY increasingly concerned with the ingre- largest population of Montagnards out- dients he found in mass market dog ∑ Mr. BOOZMAN. Mr. President, today side of Vietnam. food products. After reading about the Many Americans may not know I wish to recognize the life and legacy many recalls and the harmful ingredi- about the history behind the United of Arkansas businessman and former ents circulating within the dog food in- States’s special relationship with the Tyson Foods executive Donald dustry, Harlan began toying with the Montagnards, which is a history that ‘‘Buddy’’ Wray. idea of creating custom treats for his goes back to the days of the Vietnam Buddy spent his life building Tyson canine companion. After a few trial war. The Montagnards are an indige- Foods into one of the world’s leading runs and on the suggestion of his sister nous tribespeople of the central high- food companies. He was equally com- Veni, Hansel included nutria rat meat lands of Vietnam, and during the Viet- mitted to serving northwest Arkansas into his recipe, creating an all-natural, nam war, it was the Montagnards who and leaves behind a legacy as a re- eco-conscious snack his dog imme- were trained by the CIA and Special spected community leader. diately enjoyed. Harlan and Veni, with Operations Forces to fight alongside Buddy started his career as a service the blessing of their K–9 taste tester, our troops against the North Viet- technician in 1961, working as the liai- began developing and marketing the namese and Viet Cong. son for the many family-contracted innovative product. At their own great risk, the farms ensuring the health of the flocks. Today Marsh Dog enjoys great suc- Montagnards provided critical intel- He rose through the ranks of the com- cess and praise from their customers ligence support to our troops on the pany. and environmental groups across the ground, no doubt saving countless As a regular fixture at Tyson, his State. In addition to receiving a grant American lives. After the war, the dedication led him to become the chief from the Barataria-Terrebonne Na- United States took in hundreds of operation officer in 1992 and, a year tional Estuary Program in 2011, which Montagnards into our country as refu- later, the president of the company, a proved to be the endorsement that gees because of the severe persecution position he held until his retirement in catapulted their success, Marsh Dog they faced from the Vietnamese Gov- 2000. was also named Conservation Business ernment for that very reason. While His commitment and love for the of the Year by Louisiana Wildlife Fed- this indeed is a long overdue recogni- company led him to serve as part-time eration. tion, I will be submitting later this consultant, but he returned to full- Hansel and Veni embody what it week a Senate resolution recognizing time service in 2008. Chairman John means to be innovative entrepreneurs. their service and sacrifice. Tyson says Buddy was ‘‘instrumental They created a solution for two However, I believe our recognition of in everything the company did for over impactful problems in their commu- the Montagnards should not stop at 50 years.’’ nity, while also growing a successful what took place decades ago because Buddy was a strong voice for the Ar- small business, is a remarkable feat even today, in 2016, the government of kansas poultry industry, always keep- that deserves celebration. Vietnam continues to discriminate ing the needs of the farmer close to his Congratulations again to Marsh Dog against them for the loyalty and as- heart. He was named the Distinguished of Baton Rouge, LA, this week’s small sistance they provided to the United Alumni of the Year in 2000 by the Uni- business of the week, and I look for- States some 40 years ago. The govern- versity of Arkansas. In 2004, the univer- ward to having my rescue dog Ranger ment of Vietnam continues to persist sity established the Donald ‘‘Buddy’’ try your treats.∑ in its oppression of the Montagnards’ Wray Chair in Food Safety within the f basic human rights: the freedom to Dale Bumpers College of Agriculture. practice their Christian faith freely His exemplary dedication to agri- RECOGNIZING PATTON’S WESTERN without fear of persecution and the culture was noted in 2012 when he was WEAR right to education, land ownership, and inducted into the Arkansas Agriculture ∑ Mr. VITTER. Mr. President, often- a decent standard of living. This kind Hall of Fame. In 2015, he was inducted times small businesses grow from the of persecution is well documented in into the Arkansas Business Hall of humblest of beginnings, providing live- the latest human rights and religious Fame. lihoods for hard-working entrepreneurs freedom reports published by the State Buddy truly transformed agriculture and their families. In rare cases, these Department and the U.S. Commission and was an advocate for Arkansas. My small businesses defy all odds, building on International Religious Freedom. thoughts and prayers are with his wife successful establishments that inte- The United States of America has an of 50 years, Linda; children Cindy, grate into their adopted communities, obligation to stand up for the thou- Scott, Jana; their eight grandchildren; all while supporting local economies sands of suffering Montagnards in Viet- and the rest of the Wray family.∑ and traditions. This week I am proud nam—some of whom were once our f to recognize Patton’s Western Wear of comrades-in-arms. I have heard from Ruston, LA, as small business of the many Vietnam war veterans in my RECOGNIZING MARSH DOG week for their perseverance in building State who can tell you how much their ∑ Mr. VITTER. Mr. President, small a solid and successful family-owned military assistance and friendship had businesses have the unique ability to and operated retail group that has left meant to them. We should not look the tackle issues in their communities its mark across the State of Louisiana. other way; we must continue pressing head on through thoughtful, innovative In 2007, Robert, Patrick, and Thomas the Vietnamese Government to respect solutions. This week I am proud to rec- Patton used their farming background their fundamental human rights. With ognize Marsh Dog of Baton Rouge, LA, and extensive experience in retail to this Senate resolution, we send a loud as being small business of the week for open their own western store in and clear message to the Montagnard their commitment to preserving and Ruston, LA. Catering to the western people: you are not forgotten. protecting Louisiana’s vulnerable and oilfield communities of north cen- The United States can do better—we coastlines. tral Louisiana and southern Arkansas, must do better—to support this In 1998, the Louisiana Department of the Patton brothers began building a marginalized tribespeople in Vietnam Wildlife and Fisheries placed a bounty reputation for providing a diverse se- with whom we share a unique and his- on the nutria rat in an effort to curb lection of products and quality cus- toric bond. the reproduction of the invasive spe- tomer service. One year later, the

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.008 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S486 CONGRESSIONAL RECORD — SENATE February 2, 2016 brothers experienced such success that total revenues and expenditures of $13.0 H.R. 400. An act to require the Secretary of they expanded their small business and billion. State and the Administrator of the United opened a second western-style store in BARACK OBAMA. States Agency for International Develop- Lake Charles, LA. In choosing Ruston THE WHITE HOUSE, February 2, 2016. ment to submit reports on definitions of placement and recruitment fees for purposes and Lake Charles, which lie on oppo- f of enabling compliance with the Trafficking site sides of Louisiana, the Patton MESSAGE FROM THE HOUSE Victims Protection Act of 2000, and for other brothers have since acquired a loyal purposes; to the Committee on Foreign Rela- clientele that includes everyone from At 12:13 p.m., a message from the tions. cowboys to college students. House of Representatives, delivered by H.R. 2187. An act to direct the Securities Today the Patton brothers manage Mrs. Cole, one of its reading clerks, an- and Exchange Commission to revise its regu- their small business by remaining true nounced that the House has passed the lations regarding the qualifications of nat- to their western roots. They are active following bill, without amendment: ural persons as accredited investors; to the Committee on Banking, Housing, and Urban S. 2152. An act to establish a comprehen- in the rodeo community, supporting Affairs. sive United States Government policy to en- over 100 individual rodeos each year, H.R. 2209. An act to require the appropriate courage the efforts of countries in sub-Saha- and have also sponsored a bull rider in Federal banking agencies to treat certain ran Africa to develop an appropriate mix of the National Finals Rodeo in Las municipal obligations as level 2A liquid as- power solutions, including renewable energy, sets, and for other purposes; to the Com- Vegas, NV, for 4 years in a row. Recog- for more broadly distributed electricity ac- mittee on Banking, Housing, and Urban Af- nized as a Best of the Delta business, cess in order to support poverty reduction, fairs. the group now operates four locations promote development outcomes, and drive H.R. 3784. An act to amend the Securities throughout Louisiana, having most re- economic growth, and for other purposes. Exchange Act of 1934 to establish an Office of cently opened the doors to their newest The message also announced that the the Advocate for Small Business Capital For- location in Shreveport in June 2015. House has passed the following bills, in mation and a Small Business Capital Forma- The Patton brothers continue to which it requests the concurrence of tion Advisory Committee, and for other pur- show entrepreneurs across the country the Senate: poses; to the Committee on Banking, Hous- ing, and Urban Affairs. that it is possible to turn a passion H.R. 400. An act to require the Secretary of into a business—even from the hum- State and the Administrator of the United f blest of means. Through dedicated States Agency for International Develop- MEASURES READ THE FIRST TIME service to their community, excep- ment to submit reports on definitions of tional commitment to customer serv- placement and recruitment fees for purposes The following bill was read the first ice, and an excellent retail strategy, of enabling compliance with the Trafficking time: the Patton brothers have made their Victims Protection Act of 2000, and for other H.R. 4168. An act to amend the Small Busi- mark across Louisiana and into Arkan- purposes. ness Investment Incentive Act of 1980 to re- H.R. 2187. An act to direct the Securities sas and Texas. quire an annual review by the Securities and and Exchange Commission to revise its regu- Exchange Commission of the annual govern- Congratulations again to Patton’s lations regarding the qualifications of nat- Western Wear for being selected as ment-business forum on capital formation ural persons as accredited investors. that is held pursuant to such Act. small business of the week, and I look H.R. 2209. An act to require the appropriate forward to your continued growth and Federal banking agencies to treat certain f success.∑ municipal obligations as level 2A liquid as- REPORTS OF COMMITTEES sets, and for other purposes. f H.R. 3784. An act to amend the Securities The following reports of committees MESSAGE FROM THE PRESIDENT Exchange Act of 1934 to establish an Office of were submitted: the Advocate for Small Business Capital For- A message from the President of the By Mr. CORKER, from the Committee on mation and a Small Business Capital Forma- Foreign Relations, with an amendment in United States was communicated to tion Advisory Committee, and for other pur- the nature of a substitute: the Senate by Mr. Williams, one of his poses. H.R. 757. A bill to improve the enforcement secretaries. H.R. 4168. An act to amend the Small Busi- of sanctions against the Government of ness Investment Incentive Act of 1980 to re- f North Korea, and for other purposes. quire an annual review by the Securities and H.R. 1493. A bill to protect and preserve PRESIDENTIAL MESSAGE Exchange Commission of the annual govern- international cultural property at risk due ment-business forum on capital formation to political instability, armed conflict, or that is held pursuant to such Act. natural or other disasters, and for other pur- DISTRICT OF COLUMBIA’S FISCAL The message further announced that poses. YEAR (FY) 2016 BUDGET AND FI- the House agrees to the amendment of S. 1882. A bill to support the sustainable re- NANCIAL PLAN—PM 39 the Senate to the bill (H.R. 515) to pro- covery and rebuilding of Nepal following the tect children and others from sexual recent, devastating earthquakes near The PRESIDING OFFICER laid be- abuse and exploitation, including sex Kathmandu. fore the Senate the following message By Mr. CORKER, from the Committee on trafficking and sex tourism, by pro- from the President of the United Foreign Relations, without amendment: viding advance notice of intended trav- States, together with an accompanying S. 2426. A bill to direct the Secretary of el by registered sex offenders outside report; which was referred to the Com- State to develop a strategy to obtain ob- the United States to the government of server status for Taiwan in the International mittee on Homeland Security and Gov- the country of destination, requesting Criminal Police Organization, and for other ernmental Affairs: foreign governments to notify the purposes. To the Congress of the United States: United States when a known sex of- f Pursuant to my constitutional au- fender is seeking to enter the United INTRODUCTION OF BILLS AND thority and as contemplated by section States, and for other purposes, and JOINT RESOLUTIONS 446 of the District of Columbia Self- agrees to the amendment of the Senate Government and Governmental Reor- to the title of the bill. The following bills and joint resolu- ganization Act as amended in 1989, I The message also announced that the tions were introduced, read the first am transmitting the District of Colum- House agrees to the amendment of the and second times by unanimous con- bia’s fiscal year (FY) 2016 Budget and Senate to the bill (H.R. 4188) to author- sent, and referred as indicated: Financial Plan. This transmittal does ize appropriations for the Coast Guard By Mrs. MURRAY (for herself, Ms. COL- not represent an endorsement of the for fiscal years 2016 and 2017, and for LINS, Mr. MORAN, Mrs. MCCASKILL, contents of the D.C. government’s re- other purposes. and Mr. KING): S. 2478. A bill to amend title 31, United quests. f The proposed FY 2016 Budget and Fi- States Code, to require the Secretary of the MEASURES REFERRED Treasury to provide for the purchase of paper nancial Plan reflects the major pro- United States savings bonds with tax re- grammatic objectives of the Mayor and The following bills were read the first funds; to the Committee on Finance. the Council of the District of Colum- and the second times by unanimous By Mr. BLUMENTHAL (for himself and bia. For FY 2016, the District estimates consent, and referred as indicated: Mr. COATS):

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G02FE6.028 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S487 S. 2479. A bill to amend Public Health Mrs. CAPITO, Mr. CASSIDY, Mr. COR- flict, or natural or other disasters, and Service Act to expand access to prescription NYN, and Mr. WYDEN): for other purposes. drug monitoring programs; to the Com- S. Res. 356. A resolution recognizing Janu- S. 1944 mittee on Health, Education, Labor, and ary 2016 as National Mentoring Month; con- At the request of Mr. SULLIVAN, the Pensions. sidered and agreed to. names of the Senator from Georgia By Ms. BALDWIN: f S. 2480. A bill to amend title 5, United (Mr. PERDUE) and the Senator from States Code, to protect unpaid interns in the ADDITIONAL COSPONSORS Montana (Mr. DAINES) were added as Federal Government from workplace harass- S. 50 cosponsors of S. 1944, a bill to require ment and discrimination, and for other pur- each agency to repeal or amend 1 or At the request of Mr. VITTER, the poses; to the Committee on Homeland Secu- more rules before issuing or amending name of the Senator from South Da- rity and Governmental Affairs. a rule. By Mr. NELSON: kota (Mr. THUNE) was added as a co- S. 1982 S. 2481. A bill to amend the Water Re- sponsor of S. 50, a bill to amend the At the request of Mr. CARDIN, the sources Development Act of 2000 to provide Public Health Service Act to prohibit name of the Senator from North Caro- for expedited project implementation relat- certain abortion-related discrimination lina (Mr. BURR) was added as a cospon- ing to the comprehensive Everglades restora- in governmental activities. tion plan; to the Committee on Environment sor of S. 1982, a bill to authorize a Wall S. 391 and Public Works. of Remembrance as part of the Korean By Mr. ROUNDS: At the request of Mr. PAUL, the name War Veterans Memorial and to allow S. 2482. A bill to amend title 10, United of the Senator from Georgia (Mr. certain private contributions to fund States Code, to require the Secretary of De- PERDUE) was added as a cosponsor of S. the Wall of Remembrance. fense to provide training to employment per- 391, a bill to preserve and protect the S. 2386 sonnel of the Department of Defense on mat- free choice of individual employees to ters relating to authorities for recruitment At the request of Mrs. GILLIBRAND, form, join, or assist labor organiza- the name of the Senator from Min- and retention of employees at the United tions, or to refrain from such activi- States Cyber Command, and for other pur- nesota (Mr. FRANKEN) was added as a poses; to the Committee on Armed Services. ties. cosponsor of S. 2386, a bill to authorize By Mr. UDALL (for himself, Mrs. S. 1315 the establishment of the Stonewall Na- GILLIBRAND, Mr. WHITEHOUSE, Mr. At the request of Mr. WYDEN, the tional Historic Site in the State of New MERKLEY, Mr. WARNER, and Mr. HEIN- names of the Senator from Oregon (Mr. York as a unit of the National Park RICH): MERKLEY) and the Senator from Idaho System, and for other purposes. S. 2483. A bill to prohibit States from car- (Mr. RISCH) were added as cosponsors of S. 2423 rying out more than one Congressional redis- tricting after a decennial census and appor- S. 1315, a bill to protect the right of At the request of Mrs. SHAHEEN, the tionment, to require States to conduct such law-abiding citizens to transport names of the Senator from Minnesota redistricting through independent commis- knives interstate, notwithstanding a (Ms. KLOBUCHAR), the Senator from Or- sions, and for other purposes; to the Com- patchwork of local and State prohibi- egon (Mr. WYDEN) and the Senator mittee on the Judiciary. tions. from Rhode Island (Mr. WHITEHOUSE) By Mr. SCHATZ (for himself, Mr. S. 1409 were added as cosponsors of S. 2423, a WICKER, Mr. COCHRAN, Mr. CARDIN, At the request of Mr. MARKEY, the bill making appropriations to address Mr. THUNE, and Mr. WARNER): the heroin and opioid drug abuse epi- S. 2484. A bill to amend titles XVIII and XI name of the Senator from Minnesota of the Social Security Act to promote cost (Mr. FRANKEN) was added as a cospon- demic for the fiscal year ending Sep- savings and quality care under the Medicare sor of S. 1409, a bill to amend title XIX tember 30, 2016, and for other purposes. program through the use of telehealth and of the Social Security Act to require S. 2426 remote patient monitoring services, and for States to suspend, rather than termi- At the request of Mr. GARDNER, the other purposes; to the Committee on Fi- nate, an individual’s eligibility for names of the Senator from Georgia nance. medical assistance under the State (Mr. PERDUE) and the Senator from f Medicaid plan while such individual is New Mexico (Mr. HEINRICH) were added an inmate of a public institution. as cosponsors of S. 2426, a bill to direct SUBMISSION OF CONCURRENT AND the Secretary of State to develop a S. 1460 SENATE RESOLUTIONS strategy to obtain observer status for At the request of Mr. BROWN, the The following concurrent resolutions Taiwan in the International Criminal name of the Senator from Delaware and Senate resolutions were read, and Police Organization, and for other pur- (Mr. COONS) was added as a cosponsor referred (or acted upon), as indicated: poses. of S. 1460, a bill to amend title 38, By Ms. KLOBUCHAR (for herself and United States Code, to extend the Yel- S. 2437 Mr. PERDUE): At the request of Ms. MIKULSKI, the low Ribbon G.I. Education Enhance- S. Res. 353. A resolution raising awareness names of the Senator from Oregon (Mr. ment Program to cover recipients of and encouraging the prevention of stalking WYDEN) and the Senator from Cali- the Marine Gunnery Sergeant John by designating January 2016, as ‘‘National fornia (Mrs. BOXER) were added as co- David Fry scholarship, and for other Stalking Awareness Month’’; considered and sponsors of S. 2437, a bill to amend title agreed to. purposes. 38, United States Code, to provide for By Mrs. FISCHER (for herself and Mr. S. 1717 SASSE): the burial of the cremated remains of At the request of Mr. PORTMAN, the S. Res. 354. A resolution congratulating the persons who served as Women’s Air University of Nebraska-Lincoln volleyball name of the Senator from Missouri Forces Service Pilots in Arlington Na- team for winning the 2015 National Colle- (Mr. BLUNT) was added as a cosponsor tional Cemetery, and for other pur- giate Athletic Association Division I of S. 1717, a bill to amend title 46, poses. Volleyball Championship; considered and United States Code, to exempt old ves- S. 2444 agreed to. sels that only operate within inland At the request of Mr. INHOFE, the By Ms. HEITKAMP (for herself, Mr. waterways from the fire-retardant ma- name of the Senator from Wyoming BARRASSO, Mr. TESTER, Mrs. MURRAY, terials requirement if the owners of (Mr. ENZI) was added as a cosponsor of Mr. FRANKEN, Mr. UDALL, Mr. HEIN- such vessels make annual structural RICH, Ms. BALDWIN, Ms. HIRONO, Ms. S. 2444, a bill to amend title 18, United STABENOW, Mr. MORAN, Mr. HOEVEN, alterations to at least 10 percent of the States Code, to provide for the disposi- Mr. DAINES, Mr. THUNE, Ms. CANT- areas of the vessels that are not con- tion, within 60 days, of an application WELL, Ms. KLOBUCHAR, Mr. SULLIVAN, structed of fire-retardant materials. to exempt a projectile from classifica- Mr. ROUNDS, Mr. PETERS, and Mr. S. 1887 tion as armor piercing ammunition. LANKFORD): At the request of Mr. CASEY, the S. 2451 S. Res. 355. A resolution designating the name of the Senator from Delaware week beginning February 7, 2016, as ‘‘Na- At the request of Mr. TOOMEY, his tional Tribal Colleges and Universities (Mr. COONS) was added as a cosponsor name was added as a cosponsor of S. Week’’; considered and agreed to. of S. 1887, a bill to protect and preserve 2451, a bill to designate the area be- By Mr. ISAKSON (for himself, Mr. international cultural property at risk tween the intersections of Inter- WHITEHOUSE, Mr. BOOKER, Mr. BROWN, due to political instability, armed con- national Drive, Northwest and Van

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.011 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S488 CONGRESSIONAL RECORD — SENATE February 2, 2016 Ness Street, Northwest and Inter- the modernization of the energy policy DONNELLY) was added as a cosponsor of national Drive, Northwest and Inter- of the United States, and for other pur- amendment No. 3173 intended to be pro- national Place, Northwest in Wash- poses. posed to S. 2012, an original bill to pro- ington, District of Columbia, as ‘‘Liu AMENDMENT NO. 3112 vide for the modernization of the en- Xiaobo Plaza’’, and for other purposes. At the request of Mr. KING, his name ergy policy of the United States, and S. 2466 was added as a cosponsor of amend- for other purposes. At the request of Mr. PETERS, the ment No. 3112 intended to be proposed AMENDMENT NO. 3174 name of the Senator from Hawaii (Mr. to S. 2012, an original bill to provide for At the request of Ms. HEITKAMP, the SCHATZ) was added as a cosponsor of S. the modernization of the energy policy names of the Senator from Wyoming 2466, a bill to amend the Safe Water of the United States, and for other pur- (Mr. BARRASSO), the Senator from Indi- Drinking Act to authorize the Admin- poses. ana (Mr. COATS), the Senator from Wy- istrator of the Environmental Protec- AMENDMENT NO. 3145 oming (Mr. ENZI) and the Senator from tion Agency to notify the public if a At the request of Mr. INHOFE, the Indiana (Mr. DONNELLY) were added as State agency and public water system name of the Senator from Nevada (Mr. cosponsors of amendment No. 3174 pro- are not taking action to address a pub- HELLER) was added as a cosponsor of posed to S. 2012, an original bill to pro- lic health risk associated with drinking amendment No. 3145 proposed to S. vide for the modernization of the en- water requirements. 2012, an original bill to provide for the ergy policy of the United States, and modernization of the energy policy of for other purposes. AMENDMENT NO. 2996 the United States, and for other pur- AMENDMENT NO. 3183 At the request of Mr. SULLIVAN, the poses. At the request of Ms. HIRONO, the name of the Senator from North Caro- AMENDMENT NO. 3157 names of the Senator from Delaware lina (Mr. TILLIS) was added as a co- At the request of Mr. INHOFE, the (Mr. COONS), the Senator from Ohio sponsor of amendment No. 2996 pro- name of the Senator from New Jersey (Mr. BROWN) and the Senator from posed to S. 2012, an original bill to pro- (Mr. MENENDEZ) was added as a cospon- Michigan (Mr. PETERS) were added as vide for the modernization of the en- sor of amendment No. 3157 intended to cosponsors of amendment No. 3183 in- ergy policy of the United States, and be proposed to S. 2012, an original bill tended to be proposed to S. 2012, an for other purposes. to provide for the modernization of the original bill to provide for the mod- AMENDMENT NO. 3023 energy policy of the United States, and ernization of the energy policy of the At the request of Mr. LEE, the names for other purposes. United States, and for other purposes. of the Senator from Utah (Mr. HATCH) AMENDMENT NO. 3160 f and the Senator from Arizona (Mr. At the request of Mr. BOOKER, the FLAKE) were added as cosponsors of name of the Senator from Connecticut SUBMITTED RESOLUTIONS amendment No. 3023 proposed to S. (Mr. BLUMENTHAL) was added as a co- 2012, an original bill to provide for the sponsor of amendment No. 3160 pro- SENATE RESOLUTION 353—RAISING modernization of the energy policy of posed to S. 2012, an original bill to pro- AWARENESS AND ENCOURAGING the United States, and for other pur- vide for the modernization of the en- THE PREVENTION OF STALKING poses. ergy policy of the United States, and BY DESIGNATING JANUARY 2016, for other purposes. AMENDMENT NO. 3039 AS ‘‘NATIONAL STALKING AMENDMENT NO. 3166 At the request of Mr. HOEVEN, the AWARENESS MONTH’’ names of the Senator from Montana At the request of Mrs. SHAHEEN, the Ms. KLOBUCHAR (for herself and Mr. (Mr. DAINES) and the Senator from name of the Senator from Massachu- PERDUE) submitted the following reso- North Dakota (Ms. HEITKAMP) were setts (Ms. WARREN) was added as a co- lution; which was considered and added as cosponsors of amendment No. sponsor of amendment No. 3166 in- agreed to: 3039 intended to be proposed to S. 2012, tended to be proposed to S. 2012, an an original bill to provide for the mod- original bill to provide for the mod- S. RES. 353 ernization of the energy policy of the ernization of the energy policy of the Whereas 15 percent of women in the United United States, and for other purposes. United States, and for other purposes. States, at some point during their lifetimes, AMENDMENT NO. 3168 have experienced stalking victimization, AMENDMENT NO. 3089 during which the women felt very fearful or At the request of Mr. PORTMAN, the At the request of Ms. KLOBUCHAR, the believed that they or someone close to them name of the Senator from North Caro- names of the Senator from Minnesota would be harmed or killed; lina (Mr. TILLIS) was added as a co- (Mr. FRANKEN) and the Senator from Whereas, during a 1-year period, an esti- sponsor of amendment No. 3168 in- Michigan (Mr. PETERS) were added as mated 7,500,000 individuals in the United tended to be proposed to S. 2012, an cosponsors of amendment No. 3089 in- States reported that they had been victims original bill to provide for the mod- of stalking, and 75 percent of those individ- tended to be proposed to S. 2012, an ernization of the energy policy of the uals reported that they had been stalked by original bill to provide for the mod- United States, and for other purposes. someone they knew; ernization of the energy policy of the Whereas 11 percent of victims of stalking AMENDMENT NO. 3170 United States, and for other purposes. reported having been stalked for more than 5 At the request of Mr. SULLIVAN, the AMENDMENT NO. 3095 years; names of the Senator from Louisiana Whereas two-thirds of stalkers pursue At the request of Mr. DURBIN, the (Mr. VITTER) and the Senator from New their victims at least once a week; names of the Senator from Wisconsin Hampshire (Mrs. SHAHEEN) were added Whereas victims of stalking are forced to (Ms. BALDWIN), the Senator from Illi- as cosponsors of amendment No. 3170 take drastic measures to protect themselves, nois (Mr. KIRK) and the Senator from intended to be proposed to S. 2012, an including changing their identities, relo- Washington (Mrs. MURRAY) were added original bill to provide for the mod- cating, changing jobs, or obtaining protec- as cosponsors of amendment No. 3095 ernization of the energy policy of the tion orders; proposed to S. 2012, an original bill to United States, and for other purposes. Whereas the prevalence of anxiety, insom- nia, social dysfunction, and severe depres- provide for the modernization of the AMENDMENT NO. 3171 energy policy of the United States, and sion is much higher among victims of stalk- At the request of Ms. HEITKAMP, the ing than the general population; for other purposes. name of the Senator from Oklahoma Whereas many victims of stalking do not AMENDMENT NO. 3107 (Mr. LANKFORD) was added as a cospon- report stalking to the police or contact a At the request of Ms. BALDWIN, the sor of amendment No. 3171 intended to victim service provider, shelter, or hotline; names of the Senator from Michigan be proposed to S. 2012, an original bill Whereas stalking is a crime under Federal (Mr. PETERS), the Senator from Con- to provide for the modernization of the law and the laws of all 50 States, the District of Columbia, and the territories of the necticut (Mr. BLUMENTHAL) and the energy policy of the United States, and United States; Senator from Wisconsin (Mr. JOHNSON) for other purposes. Whereas stalking affects victims of every were added as cosponsors of amend- AMENDMENT NO. 3173 race, age, culture, gender, sexual orienta- ment No. 3107 intended to be proposed At the request of Ms. HEITKAMP, the tion, physical and mental ability, and eco- to S. 2012, an original bill to provide for name of the Senator from Indiana (Mr. nomic status;

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.013 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S489 Whereas national organizations, local vic- Annika Albrecht, Olivia Boender, Kelsey Whereas Tribal Colleges and Universities tim service organizations, campuses, pros- Fien, Mikaela Foecke, Meghan Haggerty, serve students from more than 250 federally ecutor’s offices, and police departments Cecilia Hall, Briana Holman, Kelly Hunter, recognized Indian tribes; stand ready to assist victims of stalking and Kenzie Maloney, Alicia Ostrander, Tiani Whereas Tribal Colleges and Universities are working diligently to develop effective Reeves, Amber Rolfzen, Kadie Rolfzen, offer students access to knowledge and skills and innovative responses to stalking; Brooke Smith, Sydney Townsend, and Jus- grounded in cultural traditions and values, Whereas there is a need to improve the re- tine Wong-Orantes, contributed to this out- including indigenous languages, which— sponse of the criminal justice system to standing victory; (1) enhances Indian communities; and stalking through more aggressive investiga- Whereas head coach John Cook, assistant (2) enriches the United States as a nation; tion and prosecution; coach Chris Tamas, assistant coach Dani Whereas Tribal Colleges and Universities Whereas there is a need for an increase in Busboom Kelly, volunteer assistant coach provide access to high-quality postsecondary the availability of victim services across the Jen Tamas, director of operations Lindsay educational opportunities for— United States, and the services must include Peterson, video coordinator Natalie Morgan, (1) American Indians; programs tailored to meet the needs of vic- and graduate managers Dan Mader, Mike (2) Alaska Natives; and tims of stalking; Owen, and Peter Netisingha guided this out- (3) other individuals that live in some of Whereas individuals 18 to 24 years old expe- standing group of women to a national the most isolated and economically de- rience the highest rates of stalking victim- championship; pressed areas in the United States; ization, and rates of stalking among college Whereas Mikaela Foecke was named the Whereas Tribal Colleges and Universities students exceed rates of stalking among the Most Outstanding Player of the 2015 NCAA are accredited institutions of higher edu- general population; Championship; cation that effectively prepare students to Whereas up to 75 percent of women in col- Whereas Justine Wong-Orantes was named succeed in— lege who experience behavior relating to the Big Ten Defensive Player of the Year, be- (1) the academic pursuits of the students; stalking experience other forms of victimiza- coming the first Nebraska player ever to and tion, including sexual or physical victimiza- earn that award; (2) the global and highly competitive work- tion; Whereas Kadie Rolfzen, Amber Rolfzen, force; Whereas there is a need for an effective re- and Justine Wong-Orantes were recognized Whereas Tribal Colleges and Universities sponse to stalking on each campus; and as All-Americans by the American have open enrollment policies, and approxi- Whereas the Senate finds that ‘‘National Volleyball Coaches Association, and Mikaela mately 24 percent of the students at Tribal Stalking Awareness Month’’ provides an op- Foecke and Kelly Hunter received honorable Colleges and Universities are non-Indian in- portunity to educate the people of the mention; and dividuals; and United States about stalking: Now, there- Whereas an NCAA record-breaking crowd Whereas the collective mission and the fore, be it of 17,561 volleyball fans attended the cham- considerable achievements of Tribal Colleges Resolved, That the Senate— pionship game, reflecting the tremendous and Universities deserve national recogni- (1) designates January 2016, as ‘‘National spirit and dedication of Nebraska fans sup- tion: Now, therefore, be it Stalking Awareness Month’’; porting the Cornhuskers as the team won the Resolved, That the Senate— (2) applauds the efforts of service providers national championship: Now, therefore, be it (1) designates the week beginning February for victims of stalking, police, prosecutors, Resolved, That the Senate— 7, 2016, as ‘‘National Tribal Colleges and Uni- national and community organizations, cam- (1) congratulates the University of Ne- versities Week’’; and puses, and private sector supporters to pro- braska-Lincoln volleyball team as the win- (2) calls on the people of the United States mote awareness of stalking; ner of the 2015 National Collegiate Athletic and interested groups to observe National (3) encourages policymakers, criminal jus- Association Division I Volleyball Champion- Tribal Colleges and Universities Week with tice officials, victim service and human serv- ship; appropriate ceremonies, activities, and pro- ice agencies, institutions of higher edu- (2) commends the University of Nebraska grams to demonstrate support for Tribal Col- cation, and nonprofit organizations to in- players, coaches, and staff for their hard leges and Universities. crease awareness of stalking and the avail- work and dedication; f ability of services for victims of stalking; (3) recognizes the students, alumni, and and loyal fans that supported the Cornhuskers on SENATE RESOLUTION 356—RECOG- (4) urges national and community organi- their journey to win another Division I NIZING JANUARY 2016 AS NA- zations, businesses in the private sector, and Championship; and TIONAL MENTORING MONTH the media to promote awareness of the crime (4) respectfully requests that the Secretary Mr. ISAKSON (for himself, Mr. of stalking through ‘‘National Stalking of the Senate prepare an official copy of this WHITEHOUSE, Mr. BOOKER, Mr. BROWN, Awareness Month’’. resolution for presentation to— (A) the president of University of Ne- Mrs. CAPITO, Mr. CASSIDY, Mr. CORNYN, f braska; and Mr. WYDEN) submitted the fol- SENATE RESOLUTION 354—CON- (B) the athletic director of the University lowing resolution; which was consid- GRATULATING THE UNIVERSITY of Nebraska-Lincoln; and ered and agreed to: OF NEBRASKA-LINCOLN (C) the head coach of the University of Ne- S. RES. 356 braska-Lincoln volleyball team. VOLLEYBALL TEAM FOR WIN- Whereas, in 2002, the Harvard T.H. Chan NING THE 2015 NATIONAL COLLE- f School of Public Health and MENTOR: the GIATE ATHLETIC ASSOCIATION SENATE RESOLUTION 355—DESIG- National Mentoring Partnership established DIVISION I VOLLEYBALL CHAM- NATING THE WEEK BEGINNING National Mentoring Month; PIONSHIP Whereas the goals of National Mentoring FEBRUARY 7, 2016, AS ‘‘NATIONAL Month are— Mrs. FISCHER (for herself and Mr. TRIBAL COLLEGES AND UNIVER- (1) to raise awareness of mentoring; SASSE) submitted the following resolu- SITIES WEEK’’ (2) to recruit individuals to mentor; and tion; which was considered and agreed Ms. HEITKAMP (for herself, Mr. BAR- (3) to encourage organizations to engage and integrate quality in mentoring into the to: RASSO, Mr. TESTER, Mrs. MURRAY, Mr. efforts of the organizations; S. RES. 354 FRANKEN, Mr. UDALL, Mr. HEINRICH, Whereas young people across the United Whereas, on December 19, 2015, the Univer- Ms. BALDWIN, Ms. HIRONO, Ms. STABE- States make everyday choices that lead up sity of Nebraska-Lincoln Cornhuskers won NOW, Mr. MORAN, Mr. HOEVEN, Mr. to the big decisions in life without the guid- the 2015 National Collegiate Athletic Asso- DAINES, Mr. THUNE, Ms. CANTWELL, Ms. ance and support on which many other peo- ciation (referred to in this preamble as the KLOBUCHAR, Mr. SULLIVAN, Mr. ROUNDS, ple rely; ‘‘NCAA’’) Division I Volleyball Champion- Mr. PETERS, and Mr. LANKFORD) sub- Whereas a mentor is a caring, consistent ship in Omaha, Nebraska in an overwhelming mitted the following resolution; which presence who devotes time to a young person victory over the University of Texas was considered and agreed to: to help that young person— Longhorns by a score of 25 to 23, 25 to 23, and (1) discover personal strength; and 25 to 21; S. RES. 355 (2) achieve the potential of that young per- Whereas the University of Nebraska-Lin- Whereas there are 37 Tribal Colleges and son through a structured and trusting rela- coln has won 4 NCAA volleyball Champion- Universities operating on more than 85 cam- tionship; ships; puses in 16 States; Whereas quality mentoring— Whereas the Cornhuskers ended their Whereas Tribal Colleges and Universities (1) encourages positive choices; championship season with a 16-match win- are tribally chartered or federally chartered (2) promotes self-esteem; ning streak and finished the year with a institutions of higher education, which cre- (3) supports academic achievement; and record of 32 wins and 4 losses; ates a unique relationship between Tribal (4) introduces young people to new ideas; Whereas all members of the University of Colleges and Universities and the Federal Whereas mentoring programs have shown Nebraska-Lincoln volleyball team, including Government; to be effective in combating school violence

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and discipline problems, substance abuse, in- ment intended to be proposed to amendment Mr. COONS) submitted an amendment in- carceration, and truancy; SA 2953 proposed by Ms. MURKOWSKI to the tended to be proposed to amendment SA 2953 Whereas research shows that young people bill S. 2012, supra; which was ordered to lie proposed by Ms. MURKOWSKI to the bill S. who were at risk for not completing high on the table. 2012, supra; which was ordered to lie on the school but who had a mentor were, as com- SA 3187. Mr. TOOMEY submitted an table. pared to similarly situated young people amendment intended to be proposed to SA 3203. Mr. COONS submitted an amend- without a mentor— amendment SA 2953 proposed by Ms. MUR- ment intended to be proposed to amendment (1) 55 percent more likely to be enrolled in KOWSKI to the bill S. 2012, supra; which was SA 2953 proposed by Ms. MURKOWSKI to the college; ordered to lie on the table. bill S. 2012, supra; which was ordered to lie (2) 81 percent more likely to report partici- SA 3188. Mr. SULLIVAN submitted an on the table. pating regularly in sports or extracurricular amendment intended to be proposed to SA 3204. Mr. CARPER submitted an amend- activities; amendment SA 2953 proposed by Ms. MUR- ment intended to be proposed to amendment (3) more than twice as likely to say they KOWSKI to the bill S. 2012, supra; which was SA 2953 proposed by Ms. MURKOWSKI to the held a leadership position in a club or sports ordered to lie on the table. bill S. 2012, supra; which was ordered to lie team; and SA 3189. Ms. KLOBUCHAR (for herself and on the table. (4) 78 percent more likely to pay it forward Mr. TILLIS) submitted an amendment in- SA 3205. Mr. INHOFE (for himself and Mr. by volunteering regularly in their commu- tended to be proposed to amendment SA 2953 KING) submitted an amendment intended to nities; proposed by Ms. MURKOWSKI to the bill S. be proposed to amendment SA 2953 proposed Whereas 90 percent of young people who 2012, supra; which was ordered to lie on the by Ms. MURKOWSKI to the bill S. 2012, supra. were at risk for not completing high school table. SA 3206. Mr. BARRASSO submitted an but who had a mentor said they are now in- SA 3190. Ms. CANTWELL (for herself and amendment intended to be proposed to terested in becoming mentors themselves; Mrs. MURRAY) submitted an amendment in- amendment SA 2953 proposed by Ms. MUR- Whereas youth development experts agree tended to be proposed to amendment SA 2953 KOWSKI to the bill S. 2012, supra; which was that mentoring encourages smart daily be- proposed by Ms. MURKOWSKI to the bill S. ordered to lie on the table. haviors (such as finishing homework, having 2012, supra; which was ordered to lie on the SA 3207. Mr. THUNE submitted an amend- healthy social interactions, and saying no table. ment intended to be proposed to amendment when it counts) that have a noticeable influ- SA 3191. Mr. MERKLEY (for himself, Mr. SA 2953 proposed by Ms. MURKOWSKI to the ence on the growth and success of a young SCHATZ, and Mr. MARKEY) submitted an bill S. 2012, supra; which was ordered to lie person; amendment intended to be proposed to on the table. Whereas mentors help young people set ca- amendment SA 2953 proposed by Ms. MUR- SA 3208. Mr. INHOFE submitted an amend- reer goals and use the personal contacts of KOWSKI to the bill S. 2012, supra; which was ment intended to be proposed by him to the the mentors to help young people meet in- ordered to lie on the table. bill S. 2012, supra; which was ordered to lie dustry professionals and find jobs; SA 3192. Mr. CASSIDY (for himself, Ms. on the table. Whereas all of the described benefits of MURKOWSKI, Mr. KAINE, Mr. SCOTT, Mr. VIT- SA 3209. Mr. LANKFORD submitted an mentors serve to link youth to economic and TER, Mr. TILLIS, and Mr. WARNER) submitted amendment intended to be proposed by him social opportunity while also strengthening an amendment intended to be proposed to to the bill S. 2012, supra; which was ordered the fiber of communities in the United amendment SA 2953 proposed by Ms. MUR- to lie on the table. States; and KOWSKI to the bill S. 2012, supra; which was SA 3210. Mr. LANKFORD submitted an Whereas despite the described benefits, ordered to lie on the table. amendment intended to be proposed to 9,000,000 young people in the United States SA 3193. Mr. BOOKER submitted an amendment SA 2953 proposed by Ms. MUR- feel isolated from meaningful connections amendment intended to be proposed to KOWSKI to the bill S. 2012, supra; which was with adults outside their homes, consti- amendment SA 2953 proposed by Ms. MUR- ordered to lie on the table. tuting a ‘‘mentoring gap’’ that demonstrates KOWSKI to the bill S. 2012, supra; which was SA 3211. Mr. MCCAIN submitted an amend- a need for collaboration and resources: Now, ordered to lie on the table. ment intended to be proposed to amendment therefore, be it SA 3194. Mrs. BOXER (for herself and Mrs. SA 2953 proposed by Ms. MURKOWSKI to the Resolved, That the Senate— FEINSTEIN) submitted an amendment in- bill S. 2012, supra; which was ordered to lie (1) recognizes January 2016 as National tended to be proposed to amendment SA 2953 on the table. Mentoring Month; proposed by Ms. MURKOWSKI to the bill S. SA 3212. Mr. HELLER (for himself, Mr. (2) recognizes the men and women who 2012, supra. HEINRICH, Mr. GARDNER, Mr. TESTER, Mr. serve as staff and volunteers at quality men- SA 3195. Mr. MERKLEY (for himself and BENNET, and Mr. RISCH) submitted an amend- toring programs and who help the young peo- Mr. WYDEN) submitted an amendment in- ment intended to be proposed to amendment ple of the United States find inner strength tended to be proposed to amendment SA 2953 SA 2953 proposed by Ms. MURKOWSKI to the and reach their full potential; proposed by Ms. MURKOWSKI to the bill S. bill S. 2012, supra; which was ordered to lie (3) acknowledges that mentoring is bene- 2012, supra; which was ordered to lie on the on the table. ficial because mentoring encourages edu- table. SA 3213. Mr. WARNER (for himself and Mr. cational achievement, reduces juvenile delin- SA 3196. Mr. KIRK submitted an amend- PETERS) submitted an amendment intended quency, improves life outcomes, and ment intended to be proposed by him to the to be proposed to amendment SA 2953 pro- strengthens communities; bill S. 2012, supra; which was ordered to lie posed by Ms. MURKOWSKI to the bill S. 2012, (4) promotes the establishment and expan- on the table. supra; which was ordered to lie on the table. sion of quality mentoring programs across SA 3197. Ms. COLLINS (for herself, Ms. MI- SA 3214. Ms. CANTWELL submitted an the United States to equip young people with KULSKI, and Ms. HIRONO) submitted an amendment intended to be proposed to the tools needed to lead healthy and produc- amendment intended to be proposed to amendment SA 2953 proposed by Ms. MUR- tive lives; and amendment SA 2953 proposed by Ms. MUR- KOWSKI to the bill S. 2012, supra; which was (5) supports initiatives to close the ‘‘men- KOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. SA 3215. Mr. CARDIN submitted an amend- toring gap’’ that exists for the many young ordered to lie on the table. SA 3198. Mr. BROWN (for himself and Mr. ment intended to be proposed to amendment people in the United States without mean- KIRK) submitted an amendment intended to SA 2953 proposed by Ms. MURKOWSKI to the ingful connections with adults outside their be proposed to amendment SA 2953 proposed bill S. 2012, supra; which was ordered to lie homes. by Ms. MURKOWSKI to the bill S. 2012, supra; on the table. f which was ordered to lie on the table. SA 3216. Mr. KAINE (for himself, Mr. VIT- AMENDMENTS SUBMITTED AND SA 3199. Mr. MARKEY submitted an TER, and Ms. BALDWIN) submitted an amend- PROPOSED amendment intended to be proposed to ment intended to be proposed to amendment amendment SA 2953 proposed by Ms. MUR- SA 2953 proposed by Ms. MURKOWSKI to the SA 3184. Mr. TOOMEY (for himself and Mr. KOWSKI to the bill S. 2012, supra; which was bill S. 2012, supra; which was ordered to lie CASEY) submitted an amendment intended to ordered to lie on the table. on the table. be proposed to amendment SA 2953 proposed SA 3200. Mr. WHITEHOUSE (for himself, SA 3217. Mrs. SHAHEEN submitted an by Ms. MURKOWSKI to the bill S. 2012, to pro- Mr. MARKEY, Mr. SCHATZ, and Mr. SANDERS) amendment intended to be proposed by her vide for the modernization of the energy pol- submitted an amendment intended to be pro- to the bill S. 2012, supra; which was ordered icy of the United States, and for other pur- posed to amendment SA 2953 proposed by Ms. to lie on the table. poses; which was ordered to lie on the table. MURKOWSKI to the bill S. 2012, supra; which SA 3218. Ms. STABENOW (for herself, Mr. SA 3185. Mr. DAINES submitted an amend- was ordered to lie on the table. BOOZMAN, Ms. BALDWIN, Mr. CARPER, and Mr. ment intended to be proposed to amendment SA 3201. Mr. WARNER (for himself and Mr. ISAKSON) submitted an amendment intended SA 2953 proposed by Ms. MURKOWSKI to the KAINE) submitted an amendment intended to to be proposed to amendment SA 2953 pro- bill S. 2012, supra; which was ordered to lie be proposed to amendment SA 2953 proposed posed by Ms. MURKOWSKI to the bill S. 2012, on the table. by Ms. MURKOWSKI to the bill S. 2012, supra; supra; which was ordered to lie on the table. SA 3186. Mrs. FISCHER (for herself, Mr. which was ordered to lie on the table. SA 3219. Mr. CASEY submitted an amend- COCHRAN, Mr. GRASSLEY, Mr. GARDNER, Mrs. SA 3202. Mr. ISAKSON (for himself, Mr. ment intended to be proposed to amendment ERNST, and Mr. MORAN) submitted an amend- BENNET, Mr. PORTMAN, Mrs. SHAHEEN, and SA 2953 proposed by Ms. MURKOWSKI to the

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bill S. 2012, supra; which was ordered to lie (1) ADMINISTRATOR.—The term ‘‘Adminis- to Existing Electricity Generating Units’’ (79 on the table. trator’’ means the Administrator of the En- Fed. Reg. 71674 (December 3, 2014)). SA 3220. Ms. CANTWELL submitted an vironmental Protection Agency. (C) RULES FOR ALLOWANCE ALLOCATIONS.— amendment intended to be proposed to (2) BOILER OPERATING DAY.—The term For any compliance period under CSAPR amendment SA 2953 proposed by Ms. MUR- ‘‘boiler operating day’’ has the meaning that commences on or after January 1, 2017, KOWSKI to the bill S. 2012, supra; which was given the term in section 63.10042 of title 40, any sulfur dioxide allowance allocation pro- ordered to lie on the table. Code of Federal Regulations (or a successor vided by the Administrator to a coal refuse SA 3221. Mr. UDALL (for himself, Mr. regulation). electric utility steam generating unit de- PORTMAN, Mrs. BOXER, Mr. ALEXANDER, Mr. (3) COAL REFUSE.—The term ‘‘coal refuse’’ scribed in subparagraph (A)— WYDEN, and Mr. BROWN) submitted an means any byproduct of coal mining, phys- (i) shall not be transferable for use by any amendment intended to be proposed by him ical coal cleaning, or coal preparation oper- other source not located at the same coal to the bill S. 2012, supra; which was ordered ation that contains coal, matrix material, refuse-fired facility as the relevant coal to lie on the table. clay, and other organic and inorganic mate- refuse electric utility steam generating unit; SA 3222. Mr. WYDEN (for himself and Mr. rial. (ii) may be transferable for use by another MANCHIN) submitted an amendment intended (4) COAL REFUSE ELECTRIC UTILITY STEAM source located at the same coal refuse-fired to be proposed to amendment SA 2953 pro- GENERATING UNIT.—The term ‘‘coal refuse facility as the relevant coal refuse electric posed by Ms. MURKOWSKI to the bill S. 2012, electric utility steam generating unit’’ utility steam generating unit; supra; which was ordered to lie on the table. means an electric utility steam generating (iii) may be banked for application to com- SA 3223. Mrs. FEINSTEIN submitted an unit that— pliance obligations in future compliance pe- amendment intended to be proposed to (A) is in operation as of the date of enact- riods under CSAPR; and amendment SA 2953 proposed by Ms. MUR- ment of this Act; (iv) shall be surrendered on the date on KOWSKI to the bill S. 2012, supra; which was (B) uses fluidized bed combustion tech- which the operation of the coal refuse elec- ordered to lie on the table. nology to convert coal refuse into energy; tric utility steam generating unit perma- SA 3224. Ms. CANTWELL submitted an and nently ceases. amendment intended to be proposed to (C) uses coal refuse as at least 75 percent of (2) OTHER SOURCES.— amendment SA 2953 proposed by Ms. MUR- the annual fuel consumed, by heat input, of (A) NO INCREASE IN OVERALL STATE BUDGET KOWSKI to the bill S. 2012, supra; which was the unit. OF SULFUR DIOXIDE ALLOWANCE ALLOCA- ordered to lie on the table. (5) COAL REFUSE-FIRED FACILITY.—The term TIONS.—For purposes of paragraph (1), the SA 3225. Mr. GARDNER submitted an ‘‘coal refuse-fired facility’’ means a facility Administrator may not, for any compliance amendment intended to be proposed to in which the coal refuse electric utility period under CSAPR, increase the total amendment SA 2953 proposed by Ms. MUR- steam generating units are— budget of sulfur dioxide allowance alloca- KOWSKI to the bill S. 2012, supra; which was (A) located on 1 or more contiguous or ad- tions for a State in which a unit described in ordered to lie on the table. jacent properties; paragraph (1)(A) is located. SA 3226. Mr. THUNE submitted an amend- (B) specified in the same Major Group (2- (B) COMPLIANCE PERIODS 2017 THROUGH 2020.— ment intended to be proposed to amendment digit code), as described in the Standard In- For any compliance period under CSAPR that commences on or after January 1, 2017, SA 2953 proposed by Ms. MURKOWSKI to the dustrial Classification Manual (1987); and but before December 31, 2020, the Adminis- bill S. 2012, supra; which was ordered to lie (C) under common control of the same per- trator shall carry out subparagraph (A) by on the table. son (or persons under common control). proportionally reducing, as necessary, the SA 3227. Mr. TILLIS submitted an amend- (6) CROSS-STATE AIR POLLUTION RULE.—The unit-specific sulfur dioxide allowance alloca- ment intended to be proposed to amendment terms ‘‘Cross-State Air Pollution Rule’’ and tions from each source that— SA 2953 proposed by Ms. MURKOWSKI to the ‘‘CSAPR’’ mean the regulatory program pro- (i) is located in a State in which a unit de- bill S. 2012, supra; which was ordered to lie mulgated by the Administrator to address scribed in paragraph (1)(A) is located; on the table. the interstate transport of air pollution in (ii) permanently ceases operation, or con- SA 3228. Ms. MURKOWSKI (for herself and parts 51, 52, and 97 of title 40, Code of Federal verts the primary fuel source from coal to Ms. CANTWELL) submitted an amendment in- Regulations (or successor regulations). natural gas, before the relevant compliance tended to be proposed to amendment SA 2953 (7) ELECTRIC UTILITY STEAM GENERATING period; and proposed by Ms. MURKOWSKI to the bill S. UNIT.—The term ‘‘electric utility steam gen- (iii) otherwise receives an allocation of sul- 2012, supra; which was ordered to lie on the erating unit’’ means— fur dioxide allowances under CSAPR for the table. (A) an electric utility steam generating relevant compliance period. SA 3229. Mr. FLAKE submitted an amend- unit, as the term is defined in section (c) EMISSION LIMITATIONS TO ADDRESS HY- ment intended to be proposed to amendment 63.10042 of title 40, Code of Federal Regula- DROGEN CHLORIDE AND SULFUR DIOXIDE AS SA 2953 proposed by Ms. MURKOWSKI to the tions (or a successor regulation); or HAZARDOUS AIR POLLUTANTS.— bill S. 2012, supra; which was ordered to lie (B) an electricity generating unit or elec- (1) APPLICABILITY.—For purposes of regu- on the table. tric generating unit, as the terms are used in lating emissions of hydrogen chloride or sul- SA 3230. Mr. FRANKEN submitted an CSAPR. fur dioxide from a coal refuse electric utility amendment intended to be proposed to (8) PHASE I.—The term ‘‘Phase I’’ means, steam generating unit under section 112 of amendment SA 2953 proposed by Ms. MUR- with respect to CSAPR, the initial compli- the Clean Air Act (42 U.S.C. 7412), the Ad- KOWSKI to the bill S. 2012, supra; which was ance period under CSAPR, identified for the ministrator— ordered to lie on the table. 2015 and 2016 annual compliance periods. (A) shall authorize the operator of the coal SA 3231. Mr. HELLER (for himself and Mr. (b) APPLICATION OF CSAPR TO CERTAIN refuse electric utility steam generating unit REED) submitted an amendment intended to COAL REFUSE ELECTRIC UTILITY STEAM GEN- to elect that the coal refuse electric utility be proposed to amendment SA 2953 proposed ERATING UNITS.— steam generating unit comply with either— by Ms. MURKOWSKI to the bill S. 2012, supra; (1) COAL REFUSE ELECTRIC UTILITY STEAM (i) an emissions standard for emissions of which was ordered to lie on the table. GENERATING UNITS COMBUSTING BITUMINOUS hydrogen chloride that meets the require- f COAL REFUSE.— ments of paragraph (2); or TEXT OF AMENDMENTS (A) APPLICABILITY.—This paragraph applies (ii) an emission standard for emissions of to any coal refuse electric utility steam gen- sulfur dioxide that meets the requirements SA 3184. Mr. TOOMEY (for himself erating unit that— of paragraph (2); and and Mr. CASEY) submitted an amend- (i) combusts coal refuse derived from the (B) may not require that the coal refuse ment intended to be proposed to mining and processing of bituminous coal; electric utility steam generating unit com- amendment SA 2953 proposed by Ms. and ply with both an emission standard for emis- (ii) is subject to sulfur dioxide allowance sions of hydrogen chloride and an emission MURKOWSKI to the bill S. 2012, to pro- surrender provisions pursuant to CSAPR. standard for emissions of sulfur dioxide. vide for the modernization of the en- (B) CONTINUED APPLICABILITY OF PHASE I (2) RULES FOR EMISSION LIMITATIONS.— ergy policy of the United States, and ALLOWANCE ALLOCATIONS.—In carrying out (A) IN GENERAL.—The Administrator shall for other purposes; which was ordered CSAPR, the Administrator shall provide require an operator of a coal refuse electric to lie on the table; as follows: that, for any compliance period, the alloca- utility steam generating unit to comply, at At the end, add the following: tion (whether through a Federal implemen- the election of the operator, with not more tation plan or State implementation plan) of than 1 of the following emission standards: TITLE ll—COAL REFUSE POWER PLANTS sulfur dioxide allowances for a coal refuse (i) An emission standard for emissions of SEC. l01. SHORT TITLE. electric utility steam generating unit de- hydrogen chloride from a coal refuse electric This title may be cited as the ‘‘Satisfying scribed in subparagraph (A) is equivalent to utility steam generating unit that is not Energy Needs and Saving the Environment the allocation of the unit-specific sulfur di- more stringent than an emission rate of 0.002 Act’’ or the ‘‘SENSE Act’’. oxide allowance allocation identified for that pounds per million British thermal units of SEC. l02. STANDARDS FOR COAL REFUSE POWER unit for Phase I, as referenced in the notice heat input. PLANTS. entitled ‘‘Availability of Data on Allocations (ii) An emission standard for emissions of (a) DEFINITIONS.—In this title: of Cross-State Air Pollution Rule Allowances hydrogen chloride from a coal refuse electric

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utility steam generating unit that is not (A) non-Federal members; and (1) IN GENERAL.—The Committee shall es- more stringent than an emission rate of 0.02 (B) Federal members. tablish a subcommittee, to be known as the pounds per megawatt-hour. (2) NON-FEDERAL MEMBERS.— ‘‘State and Tribal Resources Board’’, com- (iii) An emission standard for emissions of (A) APPOINTMENT.—The Secretary shall ap- prised of the members described in clauses (i) sulfur dioxide from a coal refuse electric point to the Committee non-Federal mem- and (ii) of subsection (e)(2)(B). utility steam generating unit that is not bers in accordance with subparagraph (B) (2) DURATION.—The State and Tribal Re- more stringent than an emission rate of 0.20 and an alternate for each non-Federal mem- sources Board established under paragraph pounds per million British thermal units of ber. (1) shall terminate on the date that is 10 heat input. (B) COMPOSITION.—The non-Federal mem- years after the date on which the Committee (iv) An emission standard for emissions of bers of the Committee shall be composed of is established under this section. sulfur dioxide from a coal refuse electric the following: (h) TERMINATION OF COMMITTEE.—The Com- utility steam generating unit that is not (i) Not fewer than 5 Governors (or des- mittee shall terminate not later than 10 more stringent than an emission rate of 1.5 ignees) of States that receive over $10,000,000 years after the date on which the Committee pounds per megawatt-hour. annually in royalty revenues from Federal is established under this section. (v) An emission standard for emissions of mineral leases. (i) FUNDING.—Funding made available to sulfur dioxide from a coal refuse electric (ii) Not fewer than 5 representatives of In- carry out this section shall be available only utility steam generating unit that is not dian tribes producing Federal oil, gas, or to the extent and in the amount provided in more stringent than capture and control of coal on the land of the Indian tribes. advance in appropriations Acts. 93 percent of sulfur dioxide across the coal (iii) Not more than 5 representatives of SEC. ll02. PROPOSED REGULATIONS AND POLI- refuse electric utility steam generating unit various mineral or energy interests. CIES. or group of coal refuse electric utility steam (iv) Not more than 3 representatives of (a) CONSULTATION AND REPORT.—Not later generating units, as determined by com- public interest groups or nongovernmental than 180 days after the issuance of any pro- paring— organizations. posed regulation or policy related to mineral (I) the expected sulfur dioxide generated (C) TERM.— leasing policy on Federal land (including from combustion of fuels emissions cal- (i) IN GENERAL.—Non-Federal members and valuation methodologies and royalty and culated based on as-fired fuel samples; to the alternate for each non-Federal member lease rates for oil, gas, or coal), including (II) the actual sulfur dioxide emissions as shall serve on the Committee for staggered any proposed regulation that is pending as of measured by a sulfur dioxide continuous terms. the date of enactment of this Act, the Com- emission monitoring system. (ii) DURATION.— mittee shall— (I) IN GENERAL.—Subject to subclause (II), (B) MEASUREMENT.—An emission standard (1) assess the proposed regulation or pol- each non-Federal member and the alternate described in subparagraph (A) shall be meas- icy; and for each non-Federal member shall serve on ured as a 30-boiler operating day rolling av- (2) issue a report that describes the poten- the Committee for not more than 3 years in erage per coal refuse electric utility steam tial impact, including any State and tribal duration. generating unit or group of coal refuse elec- impact described in subsection (b), of the (II) EXTENSION OF TERM.—Notwithstanding tric utility steam generating units located proposed regulation or policy. subclause (I), in the case of any new or re- at a single coal refuse-fired facility. (b) STATE AND TRIBAL IMPACT CERTIFI- appointed non-Federal member of the Com- CATION.— mittee with a term that expires in the same SA 3185. Mr. DAINES submitted an (1) IN GENERAL.—Before the date on which calendar year as the terms of more than 1⁄3 of amendment intended to be proposed to any regulation related to mineral leasing the other non-Federal members, the term of policy on Federal land (including valuation amendment SA 2953 proposed by Ms. that new or reappointed non-Federal member MURKOWSKI to the bill S. 2012, to pro- may be extended for an additional 1-year or methodologies and royalty and lease rates vide for the modernization of the en- 2-year term. for oil, gas, or coal) is finalized, the State and Tribal Resources Board shall certify the ergy policy of the United States, and (III) TERM LIMIT.— impact of the new regulation on school fund- for other purposes; which was ordered (aa) IN GENERAL.—A non-Federal member to lie on the table; as follows: shall not serve on the Committee for more ing, public safety, and other essential State than 6 consecutive calendar years. or tribal government services. At the end, add the following: (2) DELAY REQUEST.—If the State and Trib- (bb) BREAK IN SERVICE.—A non-Federal TITLE ll—MINERAL ECONOMIC al Resources Board determines that a regula- COMMITTEE member subject to the term limit described in item (aa) shall be eligible for reappoint- tion described in paragraph (1) will have a SEC. ll01. MINERAL ECONOMIC COMMITTEE. ment not earlier than 2 years after the date negative State or tribal budgetary impact, (a) IN GENERAL.—In accordance with this on which that non-Federal member discon- the State and Tribal Resources Board may section, the Secretary of the Interior (re- tinued service on the Committee. request a delay in the finalization of the reg- ferred to in this title as the ‘‘Secretary’’) ulation for the purposes of further— (D) REVOCATION OF APPOINTMENT.—The Sec- shall establish a Mineral Economic Com- retary may revoke the appointment of any (A) stakeholder consultation; mittee (referred to in this title as the ‘‘Com- (B) budgetary review; and mittee’’) in order to further a more consult- non-Federal member or any alternate if the appointed non-Federal member or alternate (C) development of a proposal to mitigate ative process with key Federal, State, tribal, the negative economic impact. environmental, and energy stakeholders. fails to attend 2 consecutive Committee meetings. (3) LIMITATION.—A delay in the finalization (b) PURPOSE.—The purpose of the Com- of a regulation requested under paragraph (2) (3) FEDERAL MEMBERS.— mittee shall be to provide advice and guid- shall not exceed 180 days from the date on ance, through the Director of the Office of (A) IN GENERAL.—The Federal members of the Committee shall be nonvoting, ex-officio which the State and Tribal Resources Board Natural Resource Revenue, to the Secretary requested the delay in finalization. and the Director of the Bureau of Land Man- members of the Committee. (c) REVISION OF PROPOSED REGULATION.— agement on the management of Federal and (B) COMPOSITION.—The Federal members of N GENERAL.—Before the date on which the Committee shall be composed of— (1) I Indian mineral leases and revenues under the any regulation related to mineral leasing (i) the Assistant Secretary of Indian Af- law governing the Department of the Inte- policy on Federal land (including valuation rior. fairs (or a designee); methodologies and royalty and lease rates (c) ACTIVITIES.—The Committee shall— (ii) the Director of the Bureau of Land for oil, gas, or coal) is finalized, the Sec- (1) review and comment on revenue man- Management (or a designee); retary shall revise the proposed regulation agement and other mineral- and energy-re- (iii) the Director of the Office of Natural to avoid any negative impact reported by the lated policies; and Resources Revenue (or a designee); Committee under subsection (a)(2). (2) provide a forum to convey the views of (iv) the Chairperson and Ranking Member (2) FINAL RULE.—Any final rule revised mineral lessees, operators, revenue payers, of the Committee on Energy and Natural Re- under paragraph (1) shall include the revi- revenue recipients, governmental agencies, sources of the Senate (or designees); and sions made by the Secretary in accordance and public interest groups. (v) the Chairperson and Ranking Member with that paragraph. (d) CHARTER.—Not later than 180 days after of the Committee on Natural Resources of (d) FUNDING FOR COMMITTEE ACTIVITIES.— the date of enactment of this Act, the Sec- the House of Representatives (or designees). retary shall form the Committee in accord- (f) MEETINGS.—The Committee shall Funding made available to carry out Com- ance with— meet— mittee activities under this section shall be (1) the lapsed charter of the Royalty Policy (1) not less than once each calendar year; available only to the extent and in the Committee that was signed by the Secretary and amount provided in advance in appropria- on March 26, 2010; and (2) to consider any pending or proposed tions Acts. (2) this section. regulation related to— SEC. ll03. PROGRAMMATIC REVIEW. (e) MEMBERSHIP.— (A) the management of Federal and Indian (a) IN GENERAL.—The programmatic review (1) IN GENERAL.—To ensure fair and bal- mineral leases and revenues; and of coal leasing on Federal land (as described anced representation with consideration for (B) any other mineral- or energy-related in section 4 of the order of the Secretary en- the efficiency and fiscal economy of the policy. titled ‘‘Discretionary Programmatic Envi- Committee, the Committee shall include— (g) STATE AND TRIBAL RESOURCES BOARD.— ronmental Impact Statement to Modernize

VerDate Sep 11 2014 04:36 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.030 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S493 the Federal Coal Program’’, numbered 3338, (2) HIGHER RATE OF PRODUCTION.—If an ap- ergy policy of the United States, and and dated January 15, 2016) shall be com- plicant qualifies for an emergency lease for other purposes; which was ordered pleted not later than January 15, 2019. under clauses (i) and (ii) of subsection to lie on the table; as follows: (b) PARTICIPANTS IN PROGRAMMATIC RE- (a)(1)(A), the higher rate of production shall On page 169, line 6, after ‘‘717b(a))’’ insert VIEW.— apply. the following: ‘‘and the Secretary shall deem (1) IN GENERAL.—In carrying out the pro- (c) NOTICE TO GOVERNOR.—Not later than 90 grammatic review described in subsection days after the date on which the Secretary the application to be consistent with the (a), the Secretary shall confer with, and take receives an emergency lease application, the public interest’’. into consideration the views of, representa- Secretary shall provide notice of the emer- tives appointed to the review board described gency lease application to the Governor of SA 3188. Mr. SULLIVAN submitted in paragraph (2). the affected State. an amendment intended to be proposed (2) REVIEW BOARD.—The Governors of to amendment SA 2953 proposed by Ms. States in which more than $10,000,000 in Fed- SA 3186. Mrs. FISCHER (for herself, MURKOWSKI to the bill S. 2012, to pro- eral coal revenues are collected annually Mr. COCHRAN, Mr. GRASSLEY, Mr. GARD- vide for the modernization of the en- shall appoint not fewer than 3 representa- NER, Mrs. ERNST, and Mr. MORAN) sub- ergy policy of the United States, and tives, 2 of whom shall be members of the mitted an amendment intended to be for other purposes; which was ordered State and Tribal Resources Board, to a re- proposed to amendment SA 2953 pro- to lie on the table; as follows: view board that shall confer with the Sec- posed by Ms. MURKOWSKI to the bill S. At the end of subtitle E of title IV, add the retary in carrying out the programmatic re- 2012, to provide for the modernization view described in subsection (a). following: of the energy policy of the United (c) LIMITATION.—No funds may be used to SEC. 44lll. CORRECTION OF SURVEY FOR CER- carry out the programmatic review of coal States, and for other purposes; which TAIN LAND IN THE STATE OF ALAS- leasing on Federal land described in sub- was ordered to lie on the table; as fol- KA. section (a) after January 15, 2019. lows: (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the (d) NO IMPLEMENTATION REQUIREMENT.— At the appropriate place, insert the fol- Secretary of the Interior shall— Nothing in this section requires the Sec- lowing: retary to implement the programmatic re- (1) correct the United States Survey num- SEC. ll. OCCUPATIONAL SAFETY AND HEALTH bered 11630 to conform with the map entitled view of coal leasing on Federal land de- ADMINISTRATION PROCESS SAFETY scribed in subsection (a) after January 20, MANAGEMENT STANDARD. ‘‘Swan Lake Project Boundary–Lot 2’’ and 2017. (a) WITHDRAWAL OF POLICY.— dated February 1, 2016; and (1) IN GENERAL.—The Secretary of Labor, (2) issue a land patent to the State of Alas- SEC. ll04. EMERGENCY LEASING OF COAL RE- ka for all Federal land within the corrected SERVES ON FEDERAL LAND. acting through the Assistant Secretary of Labor for Occupational Safety and Health, survey area pursuant to section 6(a) of the (a) IN GENERAL.—In response to an applica- Act of July 7, 1958 (commonly known as the tion under subpart 3425 of part 3420 of sub- shall withdraw the revised enforcement pol- icy relating to the exemption of retail facili- ‘‘Alaska Statehood Act’’) (48 U.S.C. note chapter C of chapter II of subtitle B of title prec. 21; Public Law 85–508). 43, Code of Federal Regulations (or successor ties from coverage of the process safety man- agement of highly hazardous chemicals (b) EFFECT.—All actions taken by the Sec- regulation), the Secretary may hold an retary of the Interior in carrying out this emergency lease sale for coal reserves on standard under section 1910.119(a)(2)(i) of title 29, Code of Federal Regulations, issued section— Federal land if the applicant demonstrates (1) are nondiscretionary actions authorized that— as a memorandum by the Occupational Safe- ty and Health Administration on July 22, and directed by Congress; and (1)(A) the coal reserves on Federal land are (2) shall be considered to comply with all needed not later than 5 years after the date 2015. (2) ENFORCEMENT.—The Secretary of Labor, procedural and other requirements of the on which the application is submitted to the laws of the United States. Secretary— acting through the Assistant Secretary of Labor for Occupational Safety and Health, (i) to maintain an existing mining oper- SA 3189. Ms. KLOBUCHAR (for her- ation at a rate of production, as of the date shall enforce section 1910.119(a)(2)(i) of title self and Mr. TILLIS) submitted an on which the application is submitted to the 29, Code of Federal Regulations (or any cor- Secretary, that is the average of the annual responding similar regulation or ruling) in amendment intended to be proposed to production rates for the 5 calendar years be- the same manner as such section was en- amendment SA 2953 proposed by Ms. fore the date on which the application is sub- forced on July 21, 2015, unless such section is MURKOWSKI to the bill S. 2012, to pro- mitted to the Secretary; or amended in accordance with subsection (b). vide for the modernization of the en- (ii) to supply coal for any contract signed (b) REQUIREMENTS FOR RULEMAKING.— ergy policy of the United States, and before January 15, 2016, as substantiated by a (1) PROPOSED RULE.—The Secretary may publish any proposed rule relating to the ex- for other purposes; which was ordered complete copy of the supply or delivery con- to lie on the table; as follows: tract; or emption of retail facilities from coverage of (B) if the Secretary— the process safety management of highly On page 123, between lines 19 and 20, insert (i) does not lease the coal deposit on Fed- hazardous chemicals standard under section the following: eral land, that coal deposit would be by- 1910.119(a)(2)(i) of title 29, Code of Federal SEC. 1107. INCLUSION OF SMART GRID CAPA- passed in the reasonably foreseeable future; Regulations (or any corresponding similar BILITY ON ENERGY GUIDE LABELS. or regulation or ruling) only if— Section 324(a)(2) of the Energy Policy and (ii) leases the coal deposit on Federal land, (A) the Secretary, acting through the As- Conservation Act (42 U.S.C. 6294(a)(2)) is a portion of the tract containing the coal de- sistant Secretary of Labor for Occupational amended by adding at the end the following: posit would be used not later than 5 years Safety and Health, arranges for an inde- ‘‘(J) SPECIAL NOTES ON SMART GRID CAPA- after the date on which the application is pendent third party to conduct a cost anal- BILITIES.— submitted to the Secretary; and ysis of such proposed rule, and the Secretary ‘‘(i) INITIATION OF RULEMAKING.—Not later (2) the need for the coal on Federal land includes such analysis in the publication of than 1 year after the date of the enactment has resulted from a circumstance— the proposed rule; and of this subparagraph, the Commission shall (A) beyond the control of the applicant; or (B) the Bureau of the Census establishes a initiate a rulemaking to consider making a (B) that could not have been reasonably code for farm supply retailers under sector special note in a prominent manner on any foreseen in time to allow the planning nec- 44–45 (relating to retail trade) of the North Energy Guide label for any product that in- essary for the consideration of leasing the American Industry Classification System. cludes smart grid capability that— tract under section 3420.3 of title 43, Code of (2) NOTICE AND COMMENT.—In promulgating ‘‘(I) smart grid capability is a feature of Federal Regulations (or successor regula- any rule related to the exemption described that product; and tion). in paragraph (1), the Secretary of Labor, act- ‘‘(II) the use and value of that feature de- ing through the Assistant Secretary of Labor (b) LENGTH OF LEASE.— pend on the smart grid capability of the util- for Occupational Safety and Health, shall— (1) IN GENERAL.—If an applicant qualifies ity system in which the product is installed for an emergency lease under only clause (i) (A) provide notice and comment rule- and the active utilization of that feature by of subsection (a)(1)(A), the emergency lease making in accordance with section 553 of the customer. shall not exceed 8 years of recoverable re- title 5, United States Code; and ‘‘(ii) COMPLETION OF RULEMAKING.—Not serves at a rate of production not to exceed (B) invite meaningful public participation later than 3 years after the date of the enact- the average of the annual production rates in such rulemaking. ment of this subparagraph, the Commission shall complete the rulemaking initiated for the 5 calendar years before the date on Mr. TOOMEY submitted an which the application is submitted to the SA 3187. under clause (i).’’. Secretary under subpart 3425 of part 3420 of amendment intended to be proposed to subchapter C of chapter II of subtitle B of amendment SA 2953 proposed by Ms. SA 3190. Ms. CANTWELL (for herself title 43, Code of Federal Regulations (or suc- MURKOWSKI to the bill S. 2012, to pro- and Mrs. MURRAY) submitted an cessor regulation). vide for the modernization of the en- amendment intended to be proposed to

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.043 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S494 CONGRESSIONAL RECORD — SENATE February 2, 2016 amendment SA 2953 proposed by Ms. leasing, markets, and other voluntary trans- U.S.C. 839b note; 98 Stat. 1340), Public Law MURKOWSKI to the bill S. 2012, to pro- actions among public and private entities to 105–62 (111 Stat. 1320), and Public Law 106–372 vide for the modernization of the en- enhance water management in the Yakima (114 Stat. 1425)) to promote water conserva- ergy policy of the United States, and River basin;’’; tion, water supply, habitat, and stream en- (10) in paragraph (8) (as redesignated by hancement improvements in the Yakima for other purposes; which was ordered paragraph (6)), by striking the period at the River basin.’’. to lie on the table; as follows: end and inserting a semicolon; and At the end, add the following: (11) by adding at the end the following: SEC. 6003. YAKIMA RIVER BASIN WATER CON- SERVATION PROGRAM. TITLE VI—YAKIMA RIVER BASIN WATER ‘‘(9) to improve the resilience of the eco- ENHANCEMENT PROJECT systems, economies, and communities in the Section 1203 of Public Law 103–434 (108 Basin as they face drought, hydrologic SEC. 6001. SHORT TITLE. Stat. 4551) is amended— changes, and other related changes and vari- This title may be cited as the ‘‘Yakima (1) in subsection (a)— ability in natural and human systems, for River Basin Water Enhancement Project (A) in paragraph (1)— the benefit of both the people and the fish Phase III Act of 2016’’. (i) in the second sentence, by striking and wildlife of the region; and ‘‘title’’ and inserting ‘‘section’’; and SEC. 6002. MODIFICATION OF TERMS, PURPOSES, ‘‘(10) to authorize and implement the Yak- AND DEFINITIONS. (ii) in the third sentence, by striking ima River Basin Integrated Water Resource (a) MODIFICATION OF TERMS.—Title XII of ‘‘within 5 years of the date of enactment of Management Plan as Phase III of the Yak- Public Law 103–434 (108 Stat. 4550) is amend- this Act’’; and ima River Basin Water Enhancement ed— (B) in paragraph (2), by striking ‘‘irriga- Project, as a balanced and cost-effective ap- (1) by striking ‘‘Yakama Indian’’ each tion’’ and inserting ‘‘the number of irrigated proach to maximize benefits to the commu- acres’’; place it appears (except section 1204(g)) and nities and environment in the Basin.’’. (2) in subsection (c)— inserting ‘‘Yakama’’; and (c) MODIFICATION OF DEFINITIONS.—Section (2) by striking ‘‘Superintendent’’ each 1202 of Public Law 103–434 (108 Stat. 4550) is (A) in paragraph (2)— place it appears and inserting ‘‘Manager’’. amended— (i) in each of subparagraphs (A) through (b) MODIFICATION OF PURPOSES.—Section (1) by redesignating paragraphs (6), (7), (8), (D), by striking the comma at the end and 1201 of Public Law 103–434 (108 Stat. 4550) is (9), (10), (11), (12), (13), and (14) as paragraphs inserting a semicolon; amended— (8), (10), (11), (13), (14), (15), (16), (18), and (19), (ii) in subparagraph (E), by striking the (1) by striking paragraph (1) and inserting respectively; comma at the end and inserting ‘‘; and’’; the following: (2) by inserting after paragraph (5) the fol- (iii) in subparagraph (F), by striking ‘‘De- ‘‘(1) to protect, mitigate, and enhance fish lowing: partment of Wildlife of the State of Wash- and wildlife and the recovery and mainte- ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The ington, and’’ and inserting ‘‘Department of nance of self-sustaining harvestable popu- term ‘designated Federal official’ means the Fish and Wildlife of the State of Wash- lations of fish and other aquatic life, both Commissioner of Reclamation (or a des- ington.’’; and anadromous and resident species, throughout ignee), acting pursuant to the charter of the (iv) by striking subparagraph (G); their historic distribution range in the Yak- Conservation Advisory Group. (B) in paragraph (3)— ima Basin through— ‘‘(7) INTEGRATED PLAN.—The terms ‘Inte- (i) in each of subparagraphs (A) through ‘‘(A) improved water management and the grated Plan’ and ‘Yakima River Basin Inte- (C), by striking the comma at the end and in- constructions of fish passage at storage and grated Water Resource Plan’ mean the plan serting a semicolon; diversion dams, as authorized under the Hoo- and activities authorized by the Yakima (ii) in subparagraph (D), by striking ‘‘, ver Power Plant Act of 1984 (43 U.S.C. 619 et River Basin Water Enhancement Project and’’ and inserting a semicolon; seq.); Phase III Act of 2016 and the amendments (iii) in subparagraph (E), by striking the ‘‘(B) improved instream flows and water made by that Act, to be carried out in co- period at the end and inserting ‘‘; and’’; and supplies; operation with and in addition to activities (iv) by adding at the end the following: ‘‘(C) improved water quality, watershed, of the State of Washington and Yakama Na- ‘‘(F) provide recommendations to advance and ecosystem function; tion.’’; the purposes and programs of the Yakima ‘‘(D) protection, creation, and enhance- (3) by inserting after paragraph (8) (as re- Enhancement Project, including the Inte- ment of wetlands; and designated by paragraph (1)) the following: grated Plan.’’; and ‘‘(E) other appropriate means of habitat ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC (C) by striking paragraph (4) and inserting improvement;’’; WATER SUPPLY AND USE.—The term ‘munic- the following: (2) in paragraph (2), by inserting ‘‘, munic- ipal, industrial, and domestic water supply ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF- ipal, industrial, and domestic water supply and use’ means the supply and use of water FICIAL.—The designated Federal official and use purposes, especially during drought for— may— years, including reducing the frequency and ‘‘(A) domestic consumption (whether urban ‘‘(A) arrange and provide logistical support severity of water supply shortages for pro- or rural); for meetings of the Conservation Advisory ratable irrigation entities’’ before the semi- ‘‘(B) maintenance and protection of public Group; colon at the end; health and safety; ‘‘(B) use a facilitator to serve as a moder- (3) by striking paragraph (4); ‘‘(C) manufacture, fabrication, processing, ator for meetings of the Conservation Advi- (4) by redesignating paragraph (3) as para- assembly, or other production of a good or sory Group or provide additional logistical graph (4); commodity; support; and (5) by inserting after paragraph (2) the fol- ‘‘(D) production of energy; ‘‘(C) grant any request for a facilitator by lowing: ‘‘(E) fish hatcheries; or any member of the Conservation Advisory ‘‘(3) to authorize the Secretary to make ‘‘(F) water conservation activities relating Group.’’; water available for purchase or lease for to a use described in subparagraphs (A) (3) in subsection (d), by adding at the end meeting municipal, industrial, and domestic through (E).’’; the following: water supply purposes;’’; (4) by inserting after paragraph (11) (as re- ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR (6) by redesignating paragraphs (5) and (6) designated by paragraph (1)) the following: FEDERAL GOVERNMENT.— as paragraphs (6) and (8), respectively; ‘‘(12) PRORATABLE IRRIGATION ENTITY.—The ‘‘(A) IN GENERAL.—The State or the Fed- (7) by inserting after paragraph (4) (as so term ‘proratable irrigation entity’ means a eral Government may fund not more than redesignated) the following: district, project, or State-recognized author- the 17.5 percent local share of the costs of ‘‘(5) to realize sufficient water savings ity, board of control, agency, or entity lo- the Basin Conservation Program in exchange from implementing the Yakima River Basin cated in the Yakima River basin that— for the long-term use of conserved water, Integrated Water Resource Management ‘‘(A) manages and delivers irrigation water subject to the requirement that the funding Plan, so that not less than 85,000 acre feet of to farms in the basin; and by the Federal Government of the local water savings are achieved by implementing ‘‘(B) possesses, or the members of which share of the costs shall provide a quantifi- the first phase of the Integrated Plan pursu- possess, water rights that are proratable dur- able public benefit in meeting Federal re- ant to section 1213(a), in addition to the ing periods of water shortage.’’; and sponsibilities in the Basin and the purposes 165,000 acre feet of water savings targeted (5) by inserting after paragraph (16) (as re- of this title. through the Basin Conservation Program, as designated by paragraph (1)) the following: ‘‘(B) USE OF CONSERVED WATER.—The Yak- authorized on October 31, 1994;’’; ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK- ima Project Manager may use water result- (8) in paragraph (6) (as so redesignated)— IMA RIVER BASIN WATER ENHANCEMENT ing from conservation measures taken under (A) by inserting ‘‘an increase in’’ before PROJECT.—The terms ‘Yakima Enhancement this title, in addition to water that the Bu- ‘‘voluntary’’; and Project’ and ‘Yakima River Basin Water En- reau of Reclamation may acquire from any (B) by striking ‘‘and’’ at the end; hancement Project’ mean the Yakima River willing seller through purchase, donation, or (9) by inserting after paragraph (6) (as so basin water enhancement project authorized lease, for water management uses pursuant redesignated) the following: by Congress pursuant to this Act and other to this title.’’; ‘‘(7) to encourage an increase in the use of, Acts (including Public Law 96–162 (93 Stat. (4) in subsection (e), by striking the first and reduce the barriers to, water transfers, 1241), section 109 of Public Law 98–381 (16 sentence and inserting the following: ‘‘To

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.031 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S495 participate in the Basin Conservation Pro- fish, both anadromous and resident species, or eliminate excessively high flows caused gram, as described in subsection (b), an enti- throughout their historic distribution range by the use of natural streams for conveyance ty shall submit to the Secretary a proposed in the Yakima Basin. or irrigation water or return water;’’; water conservation plan.’’; ‘‘(B) To protect, mitigate, and enhance (vi) in subparagraph (E) (as redesignated (5) in subsection (i)(3)— aquatic life and wildlife. by clause (iv)), by striking ‘‘ground water’’ (A) by striking ‘‘purchase or lease’’ each ‘‘(C) Recreation. and inserting ‘‘groundwater recharge and’’; place it appears and inserting ‘‘purchase, ‘‘(D) Municipal, industrial, and domestic (vii) in subparagraph (G) (as redesignated lease, or management’’; and use.’’. by clause (iv)), by inserting ‘‘or transfer’’ (B) in the third sentence, by striking (c) LAKE CLE ELUM AUTHORIZATION OF AP- after ‘‘purchase’’; and ‘‘made immediately upon availability’’ and PROPRIATIONS.—Section 1206(a)(1) of Public (viii) in subparagraph (H) (as redesignated all that follows through ‘‘Committee’’ and Law 103–434 (108 Stat. 4560), is amended, in by clause (iv)), by inserting ‘‘stream proc- inserting ‘‘continued as needed to provide the matter preceding subparagraph (A), by esses and’’ before ‘‘stream habitats’’; water to be used by the Yakima Project striking ‘‘at September’’ and all that follows (B) in paragraph (2)— Manager as recommended by the System Op- through ‘‘to—’’ and inserting ‘‘not more than (i) in the matter preceding subparagraph erations Advisory Committee and the Con- $12,000,000 to—’’. (A), by striking ‘‘the Taneum Creek study’’ servation Advisory Group’’; and (d) ENHANCEMENT OF WATER SUPPLIES FOR and inserting ‘‘studies under this sub- (6) in subsection (j)(4), in the first sen- YAKIMA BASIN TRIBUTARIES.—Section 1207 of section’’; tence, by striking ‘‘initial acquisition’’ and Public Law 103–434 (108 Stat. 4560) is amend- (ii) in subparagraph (B)— all that follows through ‘‘flushing flows’’ and ed— (I) by striking ‘‘and economic’’ and insert- inserting ‘‘acquisition of water from willing (1) in the heading, by striking ‘‘SUPPLIES’’ ing ‘‘, infrastructure, economic, and land sellers or lessors specifically to provide im- and inserting ‘‘MANAGEMENT’’; use’’; and proved instream flows for anadromous and (2) in subsection (a)— (II) by striking ‘‘and’’ at the end; resident fish and other aquatic life, including (A) in the matter preceding paragraph (1), (iii) in subparagraph (C), by striking the pulse flows to facilitate outward migration by striking ‘‘supplies’’ and inserting ‘‘man- period at the end and inserting ‘‘; and’’; and of anadromous fish’’. agement’’; (iv) by adding at the end the following: SEC. 6004. YAKIMA BASIN WATER PROJECTS, OP- (B) in paragraph (1), by inserting ‘‘and ‘‘(D) any related studies already underway ERATIONS, AND AUTHORIZATIONS. water supply entities’’ after ‘‘owners’’; and or undertaken.’’; and (a) YAKAMA NATION PROJECTS.—Section (C) in paragraph (2)— (C) in paragraph (3), in the first sentence, 1204 of Public Law 103–434 (108 Stat. 4555) is (i) in subparagraph (A), by inserting ‘‘that by inserting ‘‘of each tributary or group of amended— choose not to participate or opt out of tribu- tributaries’’ after ‘‘study’’; (1) in subsection (a)(2), in the first sen- tary enhancement projects pursuant to this (4) in subsection (c)— tence, by striking ‘‘not more than section’’ after ‘‘water right owners’’; and (A) in the heading, by inserting ‘‘AND NON- $23,000,000’’ and inserting ‘‘not more than (ii) in subparagraph (B), by inserting ‘‘non- SURFACE STORAGE’’ after ‘‘NONSTORAGE’’; and $100,000,000’’; and participating’’ before ‘‘tributary water (B) in the matter preceding paragraph (1), (2) in subsection (g)— users’’; by inserting ‘‘and nonsurface storage’’ after (A) by striking the subsection heading and (3) in subsection (b)— ‘‘nonstorage’’; inserting ‘‘REDESIGNATION OF YAKAMA INDIAN (A) in paragraph (1)— (5) by striking subsection (d); NATION TO YAKAMA NATION.—’’; (i) by striking the paragraph designation (6) by redesignating subsection (e) as sub- (B) by striking paragraph (1) and inserting and all that follows through ‘‘(but not lim- section (d); and the following: ited to)—’’ and inserting the following: (7) in paragraph (2) of subsection (d) (as so ‘‘(1) REDESIGNATION.—The Confederated ‘‘(1) IN GENERAL.—The Secretary, following redesignated)— Tribes and Bands of the Yakama Indian Na- consultation with the State of Washington, (A) in the first sentence— tion shall be known and designated as the tributary water right owners, and the (i) by inserting ‘‘and implementation’’ ‘Confederated Tribes and Bands of the Yakama Nation, and on agreement of appro- after ‘‘investigation’’; Yakama Nation’.’’; and priate water right owners, is authorized to (ii) by striking ‘‘other’’ before ‘‘Yakima (C) in paragraph (2), by striking ‘‘deemed conduct studies to evaluate measures to fur- River’’; and to be a reference to the ‘Confederated Tribes ther Yakima Project purposes on tributaries (iii) by inserting ‘‘and other water supply and Bands of the Yakama Indian Nation’.’’ to the Yakima River. Enhancement pro- entities’’ after ‘‘owners’’; and and inserting ‘‘deemed to be a reference to grams that use measures authorized by this (B) by striking the second sentence. the ‘Confederated Tribes and Bands of the subsection may be investigated and imple- (e) CHANDLER PUMPING PLANT AND POWER- Yakama Nation’.’’. mented by the Secretary in tributaries to PLANT-OPERATIONS AT PROSSER DIVERSION (b) OPERATION OF YAKIMA BASIN the Yakima River, including Taneum Creek, DAM.—Section 1208(d) of Public Law 103–434 PROJECTS.—Section 1205 of Public Law 103– other areas, or tributary basins that cur- (108 Stat. 4562; 114 Stat. 1425) is amended by 434 (108 Stat. 4557) is amended— rently or could potentially be provided sup- inserting ‘‘negatively’’ before ‘‘affected’’. (1) in subsection (a)— plemental or transfer water by entities, such (f) INTERIM COMPREHENSIVE BASIN OPER- (A) in paragraph (4)— as the Kittitas Reclamation District or the ATING PLAN.—Section 1210(c) of Public Law (i) in subparagraph (A)— Yakima-Tieton Irrigation District, subject 103–434 (108 Stat. 4564) is amended by striking (I) in clause (i)— to the condition that activities may com- ‘‘$100,000’’ and inserting ‘‘$200,000’’. (aa) by inserting ‘‘additional’’ after ‘‘se- mence on completion of applicable and re- (g) ENVIRONMENTAL COMPLIANCE.—Section cure’’; quired feasibility studies, environmental re- 1211 of Public Law 103–434 (108 Stat. 4564) is (bb) by striking ‘‘flushing’’ and inserting views, and cost-benefit analyses that include amended by striking ‘‘$2,000,000’’ and insert- ‘‘pulse’’; and favorable recommendations for further ing ‘‘$5,000,000’’. (cc) by striking ‘‘uses’’ and inserting ‘‘uses, project development, as appropriate. Meas- SEC. 6005. AUTHORIZATION OF PHASE III OF YAK- IMA RIVER BASIN WATER ENHANCE- in addition to the quantity of water provided ures to evaluate include—’’; MENT PROJECT. under the treaty between the Yakama Na- (ii) by indenting subparagraphs (A) Title XII of Public Law 103–434 (108 Stat. tion and the United States’’; through (F) appropriately; 4550) is amended by adding at the end the fol- (II) by striking clause (ii); (iii) in subparagraph (A), by inserting be- lowing: (III) by redesignating clause (iii) as clause fore the semicolon at the end the following: ‘‘SEC. 1213. AUTHORIZATION OF THE INTE- (ii); and ‘‘, including irrigation efficiency improve- GRATED PLAN AS PHASE III OF YAK- (IV) in clause (ii) (as so redesignated) by ments (in coordination with programs of the IMA RIVER BASIN WATER ENHANCE- inserting ‘‘and water rights mandated’’ after Department of Agriculture), consolidation of MENT PROJECT. ‘‘goals’’; and diversions or administration, and diversion ‘‘(a) INTEGRATED PLAN.— (ii) in subparagraph (B)(i), in the first sen- scheduling or coordination’’; ‘‘(1) IN GENERAL.—The Secretary shall im- tence, by inserting ‘‘in proportion to the (iv) by redesignating subparagraphs (C) plement the Integrated Plan as Phase III of funding received’’ after ‘‘Program’’; through (F) as subparagraphs (E) through the Yakima River Basin Water Enhancement (2) in subsection (b) (as amended by section (H), respectively; Project in accordance with this section and 6002(a)(2)), in the second sentence, by strik- (v) by inserting after subparagraph (B) the applicable laws. ing ‘‘instream flows for use by the Yakima following: ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN- Project Manager as flushing flows or as oth- ‘‘(C) improvements in irrigation system TEGRATED PLAN.— erwise’’ and inserting ‘‘fishery purposes, as’’; management or delivery facilities within the ‘‘(A) IN GENERAL.—The Secretary, in co- and Yakima River basin when those improve- ordination with the State of Washington and (3) in subsection (e), by striking paragraph ments allow for increased irrigation system Yakama Nation and subject to feasibility (1) and inserting the following: conveyance and corresponding reduction in studies, environmental reviews, and the ‘‘(1) IN GENERAL.—Additional purposes of diversion from tributaries or flow enhance- availability of appropriations, shall imple- the Yakima Project shall be any of the fol- ments to tributaries through direct flow sup- ment an initial development phase of the In- lowing: plementation or groundwater recharge; tegrated Plan, to— ‘‘(A) To recover and maintain self-sus- ‘‘(D) improvements of irrigation system ‘‘(i) complete the planning, design, and taining harvestable populations of native management or delivery facilities to reduce construction or development of upstream

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.031 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S496 CONGRESSIONAL RECORD — SENATE February 2, 2016 and downstream fish passage facilities, as operations, maintenance, and management addresses the objectives and all elements of previously authorized by the Hoover Power of that land and water. the Integrated Plan; Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle ‘‘(II) To combine or relocate diversion ‘‘(iii) identify the amount of Federal fund- Elum Reservoir and another Yakima Project points, remove fish barriers, or for other ac- ing and non-Federal contributions received reservoir identified by the Secretary as con- tivities that increase flows or improve habi- and expended during the period covered by sistent with the Integrated Plan, subject to tat in the Yakima River and its tributaries the report; the condition that, if the Yakima Project in furtherance of this title. ‘‘(iv) describe the pace of project develop- reservoir identified by the Secretary con- ‘‘(III) To implement, in partnership with ment during the period covered by the re- tains a hydropower project licensed by the Federal and non-Federal entities, projects to port; Federal Energy Regulatory Commission, the enhance the health and resilience of the wa- ‘‘(v) identify additional projects and activi- Secretary shall cooperate with the Federal tershed. ties proposed for inclusion in any future Energy Regulatory Commission in a timely ‘‘(B) COMMENCEMENT DATE.—The Secretary phase of the Integrated Plan to address the manner to ensure that actions taken by the shall commence implementation of the ac- objectives of the Integrated Plan, as applied Secretary are consistent with the applicable tivities included under the initial develop- to all elements of the Integrated Plan; and hydropower project license; ment phase pursuant to this paragraph— ‘‘(vi) for water supply projects— ‘‘(ii) negotiate long-term agreements with ‘‘(i) on the date of enactment of this sec- ‘‘(I) provide a preliminary discussion of the participating proratable irrigation entities tion; and means by which— in the Yakima Basin and, acting through the ‘‘(ii) on completion of applicable feasibility ‘‘(aa) water and costs associated with each Bureau of Reclamation, coordinate between studies, environmental reviews, and cost- recommended project would be allocated Bureaus of the Department of the Interior benefit analyses that include favorable rec- among authorized uses; and and with the heads of other Federal agencies ommendations for further project develop- ‘‘(bb) those allocations would be consistent to negotiate agreements concerning leases, ment. with the objectives of the Integrated Plan; easements, and rights-of-way on Federal ‘‘(3) INTERMEDIATE AND FINAL PHASES.— and land, and other terms and conditions deter- ‘‘(A) IN GENERAL.—The Secretary, in co- ‘‘(II) establish a plan for soliciting and for- mined to be necessary to allow for the non- ordination with the State of Washington and malizing subscriptions among individuals Federal financing, construction, operation, in consultation with the Yakama Nation, and entities for participation in any of the and maintenance of— shall develop plans for intermediate and recommended water supply projects that will ‘‘(I) new facilities needed to access and de- final development phases of the Integrated establish the terms for participation, includ- liver inactive storage in Lake Kachess for Plan to achieve the purposes of this Act, in- ing fiscal obligations associated with sub- the purpose of providing drought relief for ir- cluding conducting applicable feasibility scription. rigation (known as the ‘Kachess Drought Re- studies, environmental reviews, and other ‘‘(b) FINANCING, CONSTRUCTION, OPERATION, lief Pumping Plant’); and relevant studies needed to develop the plans. AND MAINTENANCE OF KACHESS DROUGHT RE- ‘‘(II) a conveyance system to allow transfer ‘‘(B) INTERMEDIATE PHASE.—The Secretary LIEF PUMPING PLANT AND K TO K PIPELINE.— of water between Keechelus Reservoir to shall develop an intermediate development ‘‘(1) AGREEMENTS.—Long-term agreements Kachess Reservoir for purposes of improving phase to implement the Integrated Plan negotiated between the Secretary and par- operational flexibility for the benefit of both that, subject to authorization and appropria- ticipating proratable irrigation entities in fish and irrigation (known as the ‘K to K tion, would commence not later than 10 the Yakima Basin for the non-Federal fi- Pipeline’); years after the date of enactment of this sec- nancing, construction, operation, and main- ‘‘(iii) participate in, provide funding for, tion. tenance of the Drought Relief Pumping and accept non-Federal financing for— ‘‘(C) FINAL PHASE.—The Secretary shall de- Plant and K to K Pipeline shall include pro- ‘‘(I) water conservation projects, not sub- velop a final development phase to imple- visions regarding— ject to the provisions of the Basin Conserva- ment the Integrated Plan that, subject to ‘‘(A) responsibilities of the participating tion Program described in section 1203, that authorization and appropriation, would com- proratable irrigation entities for the plan- are intended to partially implement the In- mence not later than 20 years after the date ning, design, and construction of infrastruc- tegrated Plan by providing 85,000 acre-feet of of enactment of this section. ture in consultation and coordination with conserved water to improve tributary and ‘‘(4) CONTINGENCIES.—The implementation the Secretary; mainstem stream flow; and by the Secretary of projects and activities ‘‘(B) property titles and responsibilities of ‘‘(II) aquifer storage and recovery projects; identified for implementation under the In- the participating proratable irrigation enti- ‘‘(iv) study, evaluate, and conduct feasi- tegrated Plan shall be— ties for the maintenance of and liability for bility analyses and environmental reviews of ‘‘(A) subject to authorization and appro- all infrastructure constructed under this fish passage, water supply (including ground- priation; title; water and surface water storage), conserva- ‘‘(B) contingent on the completion of appli- ‘‘(C) operation and integration of the tion, habitat restoration projects, and other cable feasibility studies, environmental re- projects by the Secretary in the operation of alternatives identified as consistent with the views, and cost-benefit analyses that include the Yakima Project; purposes of this Act, for the initial and fu- favorable recommendations for further ‘‘(D) costs associated with the design, fi- ture phases of the Integrated Plan; project development; nancing, construction, operation, mainte- ‘‘(v) coordinate with and assist the State of ‘‘(C) implemented on public review and a nance, and mitigation of projects, with the Washington in implementing a robust water determination by the Secretary that design, costs of Federal oversight and review to be market to enhance water management in the construction, and operation of a proposed nonreimbursable to the participating prorat- Yakima River basin, including— project or activity is in the best interest of able irrigation entities and the Yakima ‘‘(I) assisting in identifying ways to en- the public; and Project; and courage and increase the use of, and reduce ‘‘(D) in compliance with all applicable ‘‘(E) responsibilities for the pumping and the barriers to, water transfers, leasing, laws, including the National Environmental operational costs necessary to provide the markets, and other voluntary transactions Policy Act of 1969 (42 U.S.C. 4321 et seq.) and total water supply available made inacces- among public and private entities in the the Endangered Species Act of 1973 (16 U.S.C. sible due to drought pumping during the pre- Yakima River basin; 1531 et seq). ceding 1 or more calendar years, in the event ‘‘(II) providing technical assistance, in- ‘‘(5) PROGRESS REPORT.— that the Kachess Reservoir fails to refill as a cluding scientific data and market informa- ‘‘(A) IN GENERAL.—Not later than 5 years result of pumping drought storage water dur- tion; and after the date of enactment of this section, ing the preceding 1 or more calendar years, ‘‘(III) negotiating agreements that would the Secretary, in conjunction with the State which shall remain the responsibility of the facilitate voluntary water transfers between of Washington and in consultation with the participating proratable irrigation entities. entities, including as appropriate, the use of Yakama Nation, shall submit to the Com- ‘‘(2) USE OF KACHESS RESERVOIR STORED federally managed infrastructure; and mittee on Energy and Natural Resources of WATER.— ‘‘(vi) enter into cooperative agreements the Senate and the Committee on Natural ‘‘(A) IN GENERAL.—The additional stored with, or, subject to a minimum non-Federal Resources of the House of Representatives a water made available by the construction of cost-sharing requirement of 50 percent, make progress report on the development and im- facilities to access and deliver inactive stor- grants to, the Yakama Nation, the State of plementation of the Integrated Plan. age in Kachess Reservoir under subsection Washington, Yakima River basin irrigation ‘‘(B) REQUIREMENTS.—The progress report (a)(2)(A)(ii)(I) shall— districts, water districts, conservation dis- under this paragraph shall— ‘‘(i) be considered to be Yakima Project tricts, other local governmental entities, ‘‘(i) provide a review and reassessment, if water; nonprofit organizations, and land owners to needed, of the objectives of the Integrated ‘‘(ii) not be part of the total water supply carry out this title under such terms and Plan, as applied to all elements of the Inte- available, as that term is defined in various conditions as the Secretary may require, in- grated Plan; court rulings; and cluding the following purposes: ‘‘(ii) assess, through performance metrics ‘‘(iii) be used exclusively by the Sec- ‘‘(I) Land and water transfers, leases, and developed at the initiation of, and measured retary— acquisitions from willing participants, so throughout the implementation of, the Inte- ‘‘(I) to enhance the water supply in years long as the acquiring entity shall hold title grated Plan, the degree to which the imple- when the total water supply available is not and be responsible for any and all required mentation of the initial development phase sufficient to provide 70 percent of proratable

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.031 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S497 entitlements in order to make that addi- ‘‘(ii) there are conditions that have led to ‘‘(i) to supplement or mitigate for munic- tional water available up to 70 percent of 70 percent or less water delivery to prorat- ipal uses; proratable entitlements to the Kittitas Rec- able irrigation districts, as determined by ‘‘(ii) to supplement municipal supply in a lamation District, the Roza Irrigation Dis- the Secretary; and subsurface aquifer; or trict, or other proratable irrigation entities ‘‘(iii) the Secretary determines that it is ‘‘(iii) to mitigate the effect of groundwater participating in the construction, operation, appropriate to provide power under that sub- use on instream flow or senior water rights. and maintenance costs of the facilities under paragraph. ‘‘(C) Aquifer storage and recovery projects this title under such terms and conditions to ‘‘(C) PERIOD OF AVAILABILITY.—Power designed to supplement existing irrigation which the districts may agree, subject to the under subparagraph (A) shall be provided water supply, or to store water in subsurface conditions that— until the date on which the Secretary deter- aquifers, for use by the Kittitas Reclamation ‘‘(aa) the Bureau of Indian Affairs, the mines that power should no longer be pro- District, the Roza Irrigation District, or any Wapato Irrigation Project, and the Yakama vided under that subparagraph, but for not other proratable irrigation entity partici- Nation, on an election to participate, may more than a 1-year period or the period dur- pating in the repayment of the construction, also obtain water from Kachess Reservoir in- ing which the Secretary determines that operation, and maintenance costs of the fa- active storage to enhance applicable existing drought mitigation measures are necessary cilities under this section during years in irrigation water supply in accordance with in the Yakima River basin. which the total water supply available is in- such terms and conditions to which the Bu- ‘‘(D) RATE.—The Administrator of the Bon- sufficient to provide to those proratable irri- reau of Indian Affairs and the Yakama Na- neville Power Administration shall provide gation entities all water to which the enti- tion may agree; and power under subparagraph (A) at the then- ties are entitled, subject to the conditions ‘‘(bb) the additional supply made available applicable lowest Bonneville Power Adminis- that— under this clause shall be available to par- tration rate for public body, cooperative, and ‘‘(i) the Bureau of Indian Affairs, the ticipating individuals and entities in propor- Federal agency customers firm obligations, Wapato Irrigation Project, and the Yakama tion to the proratable entitlements of the which as of the date of enactment of this sec- Nation, on an election to participate, may participating individuals and entities, or in tion is the priority firm Tier 1 rate, and shall also obtain water from aquifer storage to en- such other proportion as the participating not include any irrigation discount. hance applicable existing irrigation water entities may agree; and ‘‘(E) LOCAL PROVIDER.—During any period supply in accordance with such terms and ‘‘(II) to facilitate reservoir operations in in which power is not being provided under conditions to which the Bureau of Indian Af- the reach of the Yakima River between subparagraph (A), the power needed to oper- fairs and the Yakama Nation may agree; and Keechelus Dam and Easton Dam for the ate the Kachess Pumping Plant shall be ob- ‘‘(ii) nothing in this subparagraph affects propagation of anadromous fish. tained by the Secretary from a local pro- (as in existence on the date of enactment of ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in vider. this section) any contract, law (including this paragraph affects (as in existence on the ‘‘(F) COSTS.—The cost of power for such regulations) relating to repayment costs, date of enactment of this section) any con- pumping, station service power, and all costs water right, or Yakama Nation treaty right. tract, law (including regulations) relating to of transmitting power from the Federal Co- ‘‘(d) FEDERAL COST-SHARE.— repayment costs, water right, or Yakama lumbia River Power System to the Yakima ‘‘(1) IN GENERAL.—The Federal cost-share Nation treaty right. Enhancement Project pumping facilities of a project carried out under this section ‘‘(3) COMMENCEMENT.—The Secretary shall shall be borne by irrigation districts receiv- shall be determined in accordance with the not commence entering into agreements pur- ing the benefits of that water. applicable laws (including regulations) and suant to subsection (a)(2)(A)(ii) or subsection policies of the Bureau of Reclamation. ‘‘(G) DUTIES OF COMMISSIONER.—The Com- (b)(1) or implementing any activities pursu- missioner of Reclamation shall be respon- ‘‘(2) INITIAL PHASE.—The Federal cost-share ant to the agreements before the date on sible for arranging transmission for deliv- for the initial development phase of the Inte- which— eries of Federal power over the Bonneville grated Plan shall not exceed 50 percent of ‘‘(A) all applicable and required feasibility system through applicable tariff and busi- the total cost of the initial development studies, environmental reviews, and cost- ness practice processes of the Bonneville sys- phase. benefit analyses have been completed and in- tem and for arranging transmission for deliv- ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The clude favorable recommendations for further Secretary may accept as part of the non-Fed- project development, including an analysis eries of power obtained from a local pro- vider. eral cost-share of a project carried out under of— this section, and expend as if appropriated, ‘‘(i) the impacts of the agreements and ac- ‘‘(c) DESIGN AND USE OF GROUNDWATER RE- any contribution (including in-kind services) tivities conducted pursuant to subsection CHARGE PROJECTS.— by the State of Washington or any other in- (a)(2)(A)(ii) on adjacent communities, includ- ‘‘(1) IN GENERAL.—Any water supply that dividual or entity that the Secretary deter- ing potential fire hazards, water access for results from an aquifer storage and recovery mines will enhance the conduct and comple- fire districts, community and homeowner project shall not be considered to be a part of tion of the project. wells, future water levels based on projected the total water supply available if— ‘‘(4) LIMITATION ON USE OF OTHER FEDERAL usage, recreational values, and property val- ‘‘(A) the water for the aquifer storage and FUNDS.—Except as otherwise provided in this ues; and recovery project would not be available for title, other Federal funds may not be used to ‘‘(ii) specific options and measures for use, but instead for the development of the provide the non-Federal cost-share of a mitigating the impacts, as appropriate; project; project carried out under this section. ‘‘(B) the Secretary has made the agree- ‘‘(B) the aquifer storage and recovery ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing ments and any applicable project designs, project will not otherwise impair any water in this section shall— operations plans, and other documents avail- supply available for any individual or entity ‘‘(1) be a new or supplemental benefit for able for public review and comment in the entitled to use the total water supply avail- purposes of the Reclamation Reform Act of Federal Register for a period of not less than able; and 1982 (43 U.S.C. 390aa et seq.); 60 days; and ‘‘(C) the development of the aquifer storage ‘‘(2) affect any contract in existence on the ‘‘(C) the Secretary has made a determina- and recovery project will not impair fish or date of enactment of the Yakima River tion, consistent with applicable law, that the other aquatic life in any localized stream Basin Water Enhancement Project Phase III agreements and activities to which the reach. Act of 2016 that was executed pursuant to the agreements relate— ‘‘(2) PROJECT TYPES.—The Secretary may reclamation laws; ‘‘(i) are in the public interest; and provide technical assistance for, and partici- ‘‘(3) affect any contract or agreement be- ‘‘(ii) could be implemented without signifi- pate in, any of the following 3 types of tween the Bureau of Indian Affairs and the cant adverse impacts to the environment. groundwater recharge projects (including the Bureau of Reclamation; ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH incorporation of groundwater recharge ‘‘(4) affect, waive, abrogate, diminish, de- KACHESS DROUGHT RELIEF PUMPING PLANT.— projects into Yakima Project operations, as fine, or interpret the treaty between the ‘‘(A) IN GENERAL.—The Administrator of appropriate): Yakama Nation and the United States; or the Bonneville Power Administration, pursu- ‘‘(A) Aquifer recharge projects designed to ‘‘(5) constrain the continued authority of ant to the Pacific Northwest Electric Power redistribute Yakima Project water within a the Secretary to provide fish passage in the Planning and Conservation Act (16 U.S.C. 839 water year for the purposes of supplementing Yakima Basin in accordance with the Hoover et seq.), shall provide to the Secretary stream flow during the irrigation season, Power Plant Act of 1984 (43 U.S.C. 619 et project power to operate the Kachess Pump- particularly during storage control, subject seq.). ing Plant constructed under this title if in- to the condition that if such a project is de- ‘‘SEC. 1214. OPERATIONAL CONTROL OF WATER active storage in Kachess Reservoir is needed signed to supplement a mainstem reach, the SUPPLIES. to provide drought relief for irrigation, sub- water supply that results from the project ‘‘The Secretary shall retain authority and ject to the requirements of subparagraphs shall be credited to instream flow targets, in discretion over the management of project (B) and (C). lieu of using the total water supply available supplies to optimize operational use and ‘‘(B) DETERMINATION.—Power may be pro- to meet those targets. flexibility to ensure compliance with all ap- vided under subparagraph (A) only if— ‘‘(B) Aquifer storage and recovery projects plicable Federal and State laws, treaty ‘‘(i) there is in effect a drought declaration that are designed, within a given water year rights of the Yakama Nation, and legal obli- issued by the State of Washington; or over multiple water years— gations, including those contained in this

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.031 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S498 CONGRESSIONAL RECORD — SENATE February 2, 2016 Act. That authority and discretion includes ernization of the energy policy of the ‘‘(3) ALLOCATION AMONG COASTAL POLITICAL the ability of the United States to store, de- United States, and for other purposes; SUBDIVISIONS.—Of the amount paid by the liver, conserve, and reuse water supplies de- which was ordered to lie on the table; Secretary to coastal political subdivisions riving from projects authorized under this as follows: under paragraph (2)(C)— title.’’. ‘‘(A) 90 percent shall be allocated in At the end of subtitle B of title III, add the amounts (based on a formula established by SA 3191. Mr. MERKLEY (for himself, following: the Secretary by regulation) that are in- Mr. SCHATZ, and Mr. MARKEY) sub- SEC. 3105. OIL AND GAS. versely proportional to the respective dis- mitted an amendment intended to be (a) DISPOSITION OF OUTER CONTINENTAL tances between the point in each coastal po- proposed to amendment SA 2953 pro- SHELF REVENUES TO GULF PRODUCING litical subdivision that is closest to the geo- STATES.—Section 105(f) of the Gulf of Mexico posed by Ms. MURKOWSKI to the bill S. graphic center of the applicable leased tract Energy Security Act of 2006 (43 U.S.C. 1331 2012, to provide for the modernization and not more than 200 miles from the geo- note; Public Law 109–432) is amended by graphic center of the leased tract; and of the energy policy of the United striking paragraph (1) and inserting the fol- States, and for other purposes; which ‘‘(B) 10 percent shall be divided equally lowing: among each coastal political subdivision was ordered to lie on the table; as fol- ‘‘(1) IN GENERAL.—Subject to paragraph (2), that— lows: the total amount of qualified outer Conti- ‘‘(i) is more than 200 nautical miles from At the appropriate place, insert the fol- nental Shelf revenues described in section the geographic center of a leased tract; and lowing: 102(9)(A)(ii) that are made available under ‘‘(ii) the State of Alaska determines to be SEC. llll. SENSE OF THE SENATE REGARDING subsection (a)(2) shall not exceed— a significant staging area for oil and gas CLIMATE CHANGE. ‘‘(A) for each of fiscal years 2017 through servicing, supply vessels, operations, sup- It is the sense of the Senate that— 2026, $500,000,000; pliers, or workers. ‘‘(B) for each of fiscal years 2027 through (1) a global temperature increase of 3.6 de- ‘‘(4) TIMING.—The amounts required to be grees Fahrenheit or greater will lead to sig- 2031, $999,000,000; and deposited under paragraph (2) for the appli- nificant disruption to the natural systems of ‘‘(C) for each of fiscal years 2032 through cable fiscal year shall be made available in the earth, including— 2055, $500,000,000.’’. accordance with that paragraph during the (b) DISTRIBUTION OF REVENUE TO ALASKA.— (A) increased droughts; fiscal year immediately following the appli- Section 9 of the Outer Continental Shelf (B) more intense wildfires; cable fiscal year. Lands Act (43 U.S.C. 1338) is amended— (C) rising seas; ‘‘(5) ADMINISTRATION.—Amounts made (1) by striking ‘‘All rentals,’’ and inserting (D) increased desertification; and available under paragraph (2) shall— the following: (E) acidifying oceans; ‘‘(A) be made available, without further ap- (2) the impacts referred to in paragraph (1) ‘‘(a) IN GENERAL.—Except as provided in subsections (b) and (c), all rentals,’’; and propriation, in accordance with this sub- will result in economic disruption, including section; significant impacts on the farming, fishing, (2) by adding at the end the following: ‘‘(b) DISTRIBUTION OF REVENUE TO ALAS- ‘‘(B) remain available until expended; and forestry, recreation, and other sectors of the KA.— ‘‘(C) be in addition to any amounts appro- United States economy; ‘‘(1) DEFINITIONS.—In this subsection: priated under any other provision of law.’’. (3) the international community, rep- ‘‘(A) COASTAL POLITICAL SUBDIVISION.—The (c) DISPOSITION OF REVENUES TO ATLANTIC resenting more than 195 countries, agreed to term ‘coastal political subdivision’ means a STATES.—Section 9 of the Outer Continental take steps to avert 3.6 degrees Fahrenheit of county-equivalent or municipal subdivision Shelf Lands Act (43 U.S.C. 1338) (as amended global temperature rise; of the State— by subsection (b)) is amended by adding at (4) in order to tackle climate change and ‘‘(i) all or part of which lies within the the end the following: achieve the goal of averting 3.6 degrees Fahr- coastal zone of the State (as defined in sec- ‘‘(c) DISTRIBUTION OF REVENUE TO ATLANTIC enheit of global temperature rise, all coun- tion 304 of the Coastal Zone Management Act STATES.— tries must meet and build on their pledged of 1972 (16 U.S.C. 1453)); and ‘‘(1) DEFINITIONS.—In this subsection: efforts and do their fair share to address cli- ‘‘(ii)(I) the closest coastal point of which is ‘‘(A) ATLANTIC STATE.—The term ‘Atlantic mate change by transitioning to clean not more than 200 nautical miles from the State’ means any of the following States, sources of energy; geographical center of any leased tract in which are adjacent to the South Atlantic (5) the final rule of the Administrator of the Alaska outer Continental Shelf region; planning area: the Environmental Protection Agency enti- or ‘‘(i) Georgia. tled ‘‘Carbon Pollution Emission Guidelines ‘‘(II)(aa) the closest point of which is more ‘‘(ii) North Carolina. for Existing Stationary Sources: Electric than 200 nautical miles from the geo- ‘‘(iii) South Carolina. Utility Generating Units’’ (80 Fed. Reg. 64662 graphical center of a leased tract in the ‘‘(iv) Virginia. (October 23, 2015)) (referred to in this section Alaska outer Continental Shelf region; and ‘‘(B) QUALIFIED REVENUES.— as the ‘‘Clean Power Plan’’), has put the ‘‘(bb) that is determined by the State to be ‘‘(i) IN GENERAL.—The term ‘qualified reve- United States on a path to cut carbon emis- a significant staging area for oil and gas nues’ means all revenues derived from all sions from the electricity sector by 32 per- servicing, supply vessels, operations, sup- rentals, royalties, bonus bids, and other cent from 2005 levels by 2030 and transition pliers, or workers. sums due and payable to the United States to a clean energy economy; ‘‘(B) QUALIFIED REVENUES.— from energy development in the Atlantic (6) to adequately address the threat of cli- ‘‘(i) IN GENERAL.—The term ‘qualified reve- planning region. mate change to the United States economy, nues’ means all revenues derived from all ‘‘(ii) EXCLUSIONS.—The term ‘qualified rev- the President who takes office in January rentals, royalties, bonus bids, and other enues’ does not include revenues generated 2017, will need to fully implement the Clean sums due and payable to the United States from leases subject to section 8(g). Power Plan and other elements of the Cli- from energy development in the Alaska ‘‘(C) SOUTH ATLANTIC PLANNING AREA.—The mate Action Plan of President Obama and outer Continental Shelf region. term ‘South Atlantic planning area’ means develop additional measures to continue ‘‘(ii) EXCLUSIONS.—The term ‘qualified rev- the area of the outer Continental Shelf (as progress toward greater reduction in green- enues’ does not include revenues generated defined in section 2 of the Outer Continental house gas emissions and a faster transition from leases subject to section 8(g). Shelf Lands Act (43 U.S.C. 1331)) that is lo- to clean energy; and ‘‘(C) STATE.—The term ‘State’ means the cated between the northern lateral seaward (7) the President who takes office in Janu- State of Alaska. administrative boundary of the Common- ary 2017, should work with Congress to de- ‘‘(2) FISCAL YEARS 2027–2031.—For each of fis- wealth of Virginia and the southernmost lat- velop a comprehensive plan by June 1, 2017, cal years 2027 through 2031, the Secretary eral seaward administrative boundary of the that— shall deposit— State of Georgia. (A) builds on the Climate Action Plan of ‘‘(A) 62.5 percent of qualified revenues in ‘‘(2) DEPOSIT.—For each of fiscal years 2027 President Obama; and the general fund of the Treasury, of which through 2031, the Secretary shall deposit— (B) continues— 12.5 percent shall be allocated to the Tribal ‘‘(A) 62.5 percent of any qualified revenues (i) carbon emission reductions by the Resilience Fund established by section in the general fund of the Treasury, of which United States; and 3105(e) of the Energy Policy Modernization 12.5 percent shall be split equally among, and (ii) global leadership of the United States Act of 2016; allocated to, or deposited in, as applicable— in addressing climate change. ‘‘(B) 28 percent of qualified revenues in a ‘‘(i) programs for energy efficiency, renew- SA 3192. Mr. CASSIDY (for himself, special account in the Treasury, to be dis- able energy, and nuclear at the Department tributed by the Secretary to the State; of Energy; Ms. MURKOWSKI, Mr. KAINE, Mr. SCOTT, ‘‘(C) 7.5 percent of qualified revenues in a ‘‘(ii) the National Park Service Critical Mr. VITTER, Mr. TILLIS, and Mr. WAR- special account in the Treasury, to be dis- Maintenance and Revitalization Conserva- NER) submitted an amendment in- tributed by the Secretary to coastal political tion Fund established by section 104908 of tended to be proposed to amendment subdivisions; and title 54, United States Code, for use in ac- SA 2953 proposed by Ms. MURKOWSKI to ‘‘(D) 2 percent of qualified revenues in the cordance with subsection (d) of that section; the bill S. 2012, to provide for the mod- general account of the Denali Commission. and

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‘‘(iii) the Secretary of Transportation to (D) Travel support for participation in (ii) USE.—Amounts deposited in the Fund administer and award TIGER discretionary ocean and coastal planning. under this paragraph and made available for grants; and (E) Development of science-based informa- obligation or expenditure from the Fund ‘‘(B) 37.5 percent of any qualified revenues tion and tools to enable adaptive resource may be obligated or expended only to carry in a special account in the Treasury from management and the ability to plan for resil- out the Tribal Resilience Program under which the Secretary shall disburse amounts ience. subsection (d). to the Atlantic States in accordance with (F) Relocation of villages or other commu- paragraph (3). nities experiencing or susceptible to coastal SA 3193. Mr. BOOKER submitted an ‘‘(3) ALLOCATION TO STATES.— or river erosion. amendment intended to be proposed to ‘‘(A) IN GENERAL.—Subject to subpara- (G) Construction of infrastructure to sup- amendment SA 2953 proposed by Ms. graphs (B) and (C), effective for fiscal year port emergency evacuations. 2017 and each fiscal year thereafter, the Sec- (H) Restoration or repair of infrastructure MURKOWSKI to the bill S. 2012, to pro- retary of the Treasury shall allocate the damaged by melting permafrost or coastal or vide for the modernization of the en- qualified revenues described in paragraph river erosion. ergy policy of the United States, and (2)(B) to each Atlantic State in amounts (I) Installation and management of energy for other purposes; which was ordered (based on a formula established by the Sec- systems that reduce energy costs and green- to lie on the table; as follows: retary, by regulation) that are inversely pro- house gas emissions compared to the energy portional to the respective distances be- At the end of subtitle G of title IV, add the systems in use before that installation and following: tween— management. ‘‘(i) the point on the coastline of each At- (J) Construction and maintenance of social SEC. 46ll. COMMUNITY AND SHARED SOLAR PROJECTS PRIZE. lantic State that is closest to the geo- or cultural infrastructure that the Secretary graphical center of the applicable leased determines supports resilience. Section 1008 of the Energy Policy Act of tract; and (5) APPLICATIONS.—An Indian tribe desiring 2005 (42 U.S.C. 16396) (as amended by section ‘‘(ii) the geographical center of that leased an adaptation grant under paragraph (3) 4601) is amended by adding at the end the fol- tract. shall submit to the Secretary an application lowing: ‘‘(B) MINIMUM ALLOCATION.—The amount at such time, in such manner, and con- ‘‘(h) COMMUNITY AND SHARED SOLAR allocated to an Atlantic State for each fiscal taining such information as the Secretary PROJECTS PRIZE COMPETITION.— year under subparagraph (A) shall be not less may require, including a description of the ‘‘(1) DEFINITIONS.— than 10 percent of the amounts available eligible activities to be undertaken using the ‘‘(A) COMMUNITY SOLAR.—In this sub- under paragraph (2)(B). grant. section: ‘‘(C) STATE ALLOCATION.—Of the amounts (6) CAPITAL PROJECTS.—Of amounts made ‘‘(i) IN GENERAL.—The term ‘community received by a State under subparagraph (A), available to carry out this program, not less solar’ means a jointly owned or third-party the Atlantic State may use, at the discretion than 90 percent shall be used for the engi- owned shared solar photovoltaic system that of the Governor of the State— neering, design, and construction or imple- allocates electricity to multiple businesses ‘‘(i) 10 percent— mentation of capital projects. or households. ‘‘(I) to enhance State land and water con- (7) INTERAGENCY COOPERATION.—The Sec- ‘‘(ii) EXCLUSIONS.—The term ‘community servation efforts; retary and the Administrator of the Environ- solar’ does not include— ‘‘(II) to improve State public transpor- mental Protection Agency shall establish ‘‘(I) a financing mechanism in which a se- tation projects; under the White House Council on Native curity holder has only an economic interest ‘‘(III) to establish alternative, renewable, American Affairs an interagency subgroup and does not use the energy; or and clean energy production and generation on tribal resilience— ‘‘(II) a collective purchasing program in within each State; and (A) to work with Indian tribes to collect which community members buy separate ‘‘(IV) to enhance beach nourishment and and share data and information, including photovoltaic systems collectively. costal dredging; and traditional ecological knowledge, about how ‘‘(B) ELIGIBLE APPLICANT.—The term ‘eligi- ‘‘(ii) 2.5 percent to enhance geological and the effects of a changing climate are rel- ble applicant’ means— geophysical education for the energy future ‘‘(i) a utility; of the United States. evant to Indian tribes and Alaska Natives; and ‘‘(ii) a private business; ‘‘(4) TIMING.—The amounts required to be (B) to identify opportunities for the Fed- ‘‘(iii) a nonprofit organization; or deposited under paragraph (2) for the appli- ‘‘(iv) a municipality. cable fiscal year shall be made available in eral Government to improve collaboration and assist with adaptation and mitigation ef- ‘‘(2) AUTHORITY.—Not later than 1 year accordance with that paragraph during the after the date of enactment of this sub- fiscal year immediately following the appli- forts that promote resilience. (8) TRIBAL RESILIENCE LIAISON.—The Sec- section, as part of the program carried out cable fiscal year.’’. under this section, the Secretary shall estab- (d) TRIBAL RESILIENCE PROGRAM.— retary shall establish a tribal resilience liai- lish and award to eligible applicants com- (1) DEFINITION OF INDIAN TRIBE.—In this son— petitive technology financial awards or rel- subsection, the term ‘‘Indian tribe’’ has the (A) to coordinate with Indian tribes and evant cash prizes for community solar meaning given the term in section 4 of the relevant Federal agencies; and project designs. Indian Self-Determination and Education (B) to help ensure tribal engagement in cli- ‘‘(3) REQUIREMENTS.— Assistance Act (25 U.S.C. 450b). mate conversations at the Federal level. ‘‘(A) IN GENERAL.—In awarding prizes under (2) ESTABLISHMENT.—The Secretary shall (e) TRIBAL RESILIENCE FUND.— paragraph (2), the Secretary shall select in- establish a program— (1) ESTABLISHMENT.—There is established novative community solar project designs (A) to improve the resilience of Indian in the Treasury a fund, to be known as the that— tribes to the effects of a changing climate; ‘‘Tribal Resilience Fund’’ (referred to in this ‘‘(i) increase access to solar energy; (B) to support Native American leaders in subsection as the ‘‘Fund’’). ‘‘(ii) reduce upfront costs for participants; building strong, resilient communities; and (2) DEPOSITS.—The Fund shall consist of ‘‘(iii) provide the greatest return on invest- (C) to ensure the development of modern, the following: ment; cost-effective infrastructure. (A) Amounts made available through an ‘‘(iv) can be replicated in other commu- (3) GRANTS.—Subject to the availability of appropriation Act for deposit in the Fund. nities; appropriations and amounts in the Tribal (B) Amounts deposited into the Fund under ‘‘(v) improve economies of scale; Resilience Fund established by subsection subsection (b)(2)(A) of section 9 of the Outer ‘‘(vi) create local jobs; and (e)(1), in carrying out the program described Continental Shelf Lands Act (43 U.S.C. 1338) ‘‘(vii) provide local benefits through en- in paragraph (2), the Secretary shall make (as added by subsection (b)(2)). ergy diversification. adaptation grants, in amounts not to exceed (3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) CONSIDERATION.—In awarding prizes $200,000,000 total per fiscal year, to Indian (A) IN GENERAL.—In addition to the under paragraph (2), the Secretary shall se- tribes for eligible activities described in amounts estimated by the Secretary to be lect innovative community solar project de- paragraph (4). deposited in the Fund under paragraph (2), signs that consider low- and moderate-in- (4) ELIGIBLE ACTIVITIES.—An Indian tribe there are authorized to be appropriated an- come populations in the requirements de- receiving a grant under paragraph (3) may nually to the Fund out of any money in the scribed in subparagraph (A). only use grant funds for 1 or more of the fol- Treasury not otherwise appropriated such ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— lowing eligible activities: amounts as are necessary to make the in- There are authorized to be appropriated to (A) Development and delivery of adapta- come of the Fund not more than $200,000,000 carry out this subsection such sums as are tion training. for fiscal year 2027 and each fiscal year necessary.’’. (B) Adaptation planning, vulnerability as- thereafter. sessments, emergency preparedness plan- (B) AVAILABILITY OF DEPOSITS.— ning, and monitoring. (i) IN GENERAL.—Amounts deposited in the SA 3194. Mrs. BOXER (for herself and (C) Capacity building through travel sup- Fund under this paragraph shall remain Mrs. FEINSTEIN) submitted an amend- port for training, technical sessions, and co- available until expended, without fiscal year ment intended to be proposed to operative management forums. limitation. amendment SA 2953 proposed by Ms.

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.033 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S500 CONGRESSIONAL RECORD — SENATE February 2, 2016 MURKOWSKI to the bill S. 2012, to pro- (v) the Committee on Commerce, Science, Basin Water Supply Enhancement Act of 2000 vide for the modernization of the en- and Transportation of the Senate; (Public Law 106–498; 114 Stat. 2221) is amend- ergy policy of the United States, and (vi) the Committee on Energy and Com- ed— for other purposes; as follows: merce of the House of Representatives; (1) by redesignating sections 4 through 6 as (vii) the Committee on Health, Education, sections 5 through 7, respectively; and At the appropriate place, insert the fol- Labor, and Pensions of the Senate; (2) by inserting after section 3 the fol- lowing: (viii) the Committee on Education and the lowing: SEC. llll. ALISO CANYON NATURAL GAS LEAK Workforce of the House of Representatives; ‘‘SEC. 4. POWER AND WATER MANAGEMENT. TASK FORCE. (ix) the President; and ‘‘(a) DEFINITIONS.—In this section: (a) FINDINGS.—Congress finds that— (x) relevant Federal and State agencies. ‘‘(1) COVERED POWER USE.—The term ‘cov- (1) on October 23, 2015, a natural gas leak (B) INFORMATION INCLUDED.—The report ered power use’ means a use of power to de- was discovered at a well within the Aliso submitted under subparagraph (A) shall in- velop or manage water for irrigation, wild- Canyon Natural Gas Storage Facility in Los clude, at a minimum— life purposes, or drainage on land that is— Angeles County in the State of California, (i) an analysis and conclusion of the cause ‘‘(A) associated with the Klamath Project, and as of January 27, 2016, attempts by the of the Aliso Canyon natural gas leak; including land within a unit of the National Southern California Gas Company (referred (ii) an analysis of measures taken to stop Wildlife Refuge System that receives water to in this section as the ‘‘Company’’) to stop the natural gas leak, with an immediate due to the operation of Klamath Project fa- the leak have not been successful; focus on other, more effective measures that cilities; or (2) the leak appears to be caused by dam- could be taken; ‘‘(B) irrigated by the class of users covered age to the well casing at approximately 500 (iii) an assessment of the impact of the by the agreement dated April 30, 1956, be- feet underground; natural gas leak on health, safety, the envi- tween the California Oregon Power Company (3) the Company has attempted several ronment, and the economy of the residents and Klamath Basin Water Users Protective times to plug the well, but as of January 28, and property surrounding Aliso Canyon; Association and within the Off Project Area 2016, those efforts have been unsuccessful; (iv) an analysis of how Federal and State (as defined in the Upper Basin Comprehen- (4) many residents in the nearby commu- agencies responded to the natural gas leak; sive Agreement entered into on April 18, nity have reported adverse physical symp- (v) in order to lessen the negative impacts 2014), only if each applicable owner and hold- toms including dizziness, nausea, and of natural gas leaks, recommendations on er of a possessory interest of the land is a nosebleeds as a result of the natural gas how to improve— party to that agreement (or a successor leak, and the continuing emissions from the (I) the response to a future leak; and agreement that the Secretary determines leak have resulted in the relocation of thou- (II) coordination between all appropriate provides a comparable benefit to the United sands of people away from their homes and Federal, State, and local agencies in the re- States). livelihoods; ‘‘(2) KLAMATH PROJECT.— (5) local schools have temporarily closed, sponse to the Aliso Canyon natural gas leak ‘‘(A) IN GENERAL.—The term ‘Klamath many businesses have been negatively im- and future natural gas leaks; Project’ means the Bureau of Reclamation pacted, and regular public services such as (vi) an analysis of the potential for a simi- project in the States of California and Or- mail delivery have also been disrupted; lar natural gas leak to occur at other under- egon. (6) more than 86,500,000 kilograms of meth- ground natural gas storage facilities in the ‘‘(B) INCLUSIONS.—The term ‘Klamath ane, a powerful greenhouse gas, have been United States; Project’ includes any dams, canals, and emitted into the atmosphere, which is— (vii) recommendations on how to prevent other works and interests for water diver- (A) the equivalent of 2,200,000 metric tons any future natural gas leaks; sion, storage, delivery, and drainage, flood of carbon dioxide; or (viii) recommendations on whether to con- control, and similar functions that are part (B) more greenhouse gas than 468,000 cars tinue operations at Aliso Canyon and other of the project described in subparagraph (A). emit in 1 year; facilities in close proximity to residential ‘‘(3) POWER COST BENCHMARK.—The term (7) agencies of the State of California populations based on an assessment of the ‘power cost benchmark’ means the average issued an emergency order on December 10, risk of a future natural gas leak; net delivered cost of power for irrigation and 2015, prohibiting injection of natural gas into (ix) a recommendation on information that drainage at Reclamation projects in the area the Aliso Canyon Storage Facility until fur- is not currently collected but that would be surrounding the Klamath Project that are ther authorization; and in the public interest to collect and dis- (8) on January 6, 2016, the Governor of the tribute to agencies and institutions for the similarly situated to the Klamath Project, State of California declared a state of emer- continued study and monitoring of natural including Reclamation projects that— gency for Los Angeles County due to the gas infrastructure in the United States; ‘‘(A) are located in the Pacific Northwest; Aliso Canyon natural gas leak. (x) an analysis of the impact of the Aliso and (b) ESTABLISHMENT OF TASK FORCE.—Not Canyon natural gas leak on wholesale and ‘‘(B) receive project-use power. later than 15 days after the date of enact- retail electricity prices; and ‘‘(b) WATER, ENVIRONMENTAL, AND POWER ment of this Act, the Secretary shall lead (xi) an analysis of the impact of the Aliso ACTIVITIES.—The Secretary may carry out and establish an Aliso Canyon Task Force Canyon natural gas leak on the reliability of any activities, including entering into an (referred to in this section as the ‘‘task the bulk-power system. agreement or contract or otherwise making financial assistance available— force’’). (2) PUBLICATION.—The final report under (c) MEMBERSHIP OF TASK FORCE.—In addi- paragraph (1) shall be made available to the ‘‘(1) to plan, implement, and administer tion to the Secretary, the task force shall be public in an electronically accessible format. programs to align water supplies and demand composed of— (3) If, before the final report is submitted for irrigation water users associated with (1) 1 representative from the Pipeline and under paragraph (1) the task force finds the Klamath Project, with a primary empha- Hazardous Materials Safety Administration; methods to solve the natural gas leak at sis on programs developed or endorsed by (2) 1 representative from the Department Aliso Canyon; better protect the affected local entities comprised of representatives of of Health and Human Services; communities; or finds methods to help pre- those water users; (3) 1 representative from the Environ- vent other leaks, they must immediately ‘‘(2) to plan and implement activities and mental Protection Agency; issue such findings to the same entities that projects that— (4) 1 representative from the Department are to receive the final report. ‘‘(A) avoid or mitigate environmental ef- of the Interior; (e) AUTHORIZATION OF APPROPRIATIONS.— fects of irrigation activities; or (5) 1 representative from the Department There are authorized to be appropriated to ‘‘(B) restore habitats in the Klamath Basin of Commerce; and carry out this section such sums as may be watershed, including restoring tribal fishery (6) 1 representative from the Federal En- necessary. resources held in trust; and ergy Regulatory Commission. ‘‘(3) to limit the net delivered cost of power (d) REPORT.— SA 3195. Mr. MERKLEY (for himself for covered power uses. (1) FINAL REPORT.— and Mr. WYDEN) submitted an amend- ‘‘(c) REDUCING POWER COSTS.— (A) IN GENERAL.—Not later than 180 days ment intended to be proposed to ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the amendment SA 2953 proposed by Ms. after the date of enactment of the Energy task force shall submit a final report that Policy Modernization Act of 2016, the Sec- contains the information described in sub- MURKOWSKI to the bill S. 2012, to pro- retary, in consultation with interested irri- paragraph (B) to— vide for the modernization of the en- gation interests, shall submit to the Com- (i) the Committee on Energy and Natural ergy policy of the United States, and mittee on Energy and Natural Resources of Resources of the Senate; for other purposes; which was ordered the Senate and the Committee on Natural (ii) the Committee on Natural Resources of to lie on the table; as follows: Resources of the House of Representatives a the House of Representatives; At the end of subtitle E of title IV, add the report that— (iii) the Committee on Environment and following: ‘‘(A) identifies the power cost benchmark; Public Works of the Senate; SEC. 44lll. KLAMATH PROJECT WATER AND and (iv) the Committee on Transportation and POWER. ‘‘(B) recommends actions that, in the judg- Infrastructure of the House of Representa- (a) ADDRESSING WATER MANAGEMENT AND ment of the Secretary, are necessary and ap- tives; POWER COSTS FOR IRRIGATION.—The Klamath propriate to ensure that the net delivered

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.050 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S501 power cost for covered power use is equal to thorized purpose of the Klamath Project, ‘‘(B) the Permanent Select Committee on or less than the power cost benchmark, in- subject to subparagraphs (B) and (C). Intelligence of the House of Representatives; cluding a description of— (B) PERMITS; MEASUREMENT.—An addition, ‘‘(C) the Committee on Energy and Natural ‘‘(i) actions to immediately reduce power conveyance, and use of water pursuant to Resources of the Senate; and costs and to have the net delivered power subparagraph (A) shall be subject to the re- ‘‘(D) the Committee on Energy and Com- cost for covered power use be equal to or less quirements that— merce of the House of Representatives. than the power cost benchmark in the near (i) the applicable entity shall secure all ‘‘(2) CRITICAL ELECTRIC INFRASTRUCTURE.— term, while longer-term actions are being permits required under State or local laws; The term ‘critical electric infrastructure’ implemented; and means a system or asset of the bulk-power ‘‘(ii) actions that prioritize water and (ii) all water delivered into, or taken out system, whether physical or virtual, the in- power conservation and efficiency measures of, a Klamath Project facility pursuant to capacity or destruction of which would nega- and, to the extent actions involving the de- that subparagraph shall be measured. tively affect national security, economic se- velopment or acquisition of power genera- (C) EFFECT.—A use of Klamath Project curity, public health or safety, or any com- tion are included, renewable energy tech- water under this paragraph shall not— bination of those matters. nologies (including hydropower); (i) adversely affect the delivery of water to ‘‘(3) COVERED ENTITY.—The term ‘covered ‘‘(iii) the potential costs and timeline for any water user or land served by the Klam- entity’ means an entity identified pursuant the actions recommended under this sub- ath Project; or to section 9(a) of Executive Order 13636 of paragraph; (ii) result in any additional cost to the February 12, 2013 (78 Fed. Reg. 11742), relat- ‘‘(iv) provisions for modifying the actions United States. ing to identification of critical infrastruc- and timeline to adapt to new information or (3) REPLACEMENT OF C CANAL FLUME.—The ture where a cybersecurity incident could circumstances; and replacement of the C Canal flume within the reasonably result in catastrophic regional or ‘‘(v) a description of public input regarding Klamath Project shall be considered to be, national effects on public health or safety, the proposed actions, including input from and shall receive the treatment authorized economic security, or national security, that water users that have covered power use and for, emergency extraordinary operation and owns or operates critical electric infrastruc- the degree to which those water users concur maintenance work in accordance with Fed- ture. with the recommendations. eral reclamation law (the Act of June 17, 1902 ‘‘(4) SECRETARY.—The term ‘Secretary’ ‘‘(2) IMPLEMENTATION.—Not later than 180 (32 Stat. 388, chapter 1093), and Acts supple- means the Secretary of Energy. days after the date of submission of the re- mental to and amendatory of that Act (43 ‘‘(b) MITIGATION STRATEGY REQUIRED FOR port under paragraph (1), the Secretary shall U.S.C. 371 et seq.)). CRITICAL ELECTRIC INFRASTRUCTURE AT implement the recommendations described GREATEST RISK.—Not later than 1 year after in the report, subject to availability of ap- SA 3196. Mr. KIRK submitted an the date of enactment of this Act, the Com- propriations, on the fastest practicable amendment intended to be proposed by mission, in consultation with the Secretary timeline. him to the bill S. 2012, to provide for and each covered entity, shall identify and ‘‘(3) ANNUAL REPORTS.—The Secretary shall the modernization of the energy policy propose prioritized, risk-based actions to submit to each Committee described in para- of the United States, and for other pur- mitigate cyber risk for each covered entity graph (1) annual reports describing progress such that, to the greatest extent practicable, achieved in meeting the requirements of this poses; which was ordered to lie on the a cyber security incident affecting that cov- subsection. table; as follows: ered entity would be less likely to result in ‘‘(d) TREATMENT OF POWER PURCHASES.— At the appropriate place, insert the fol- catastrophic regional or national effects on Any purchase of power by the Secretary lowing: public health or safety, economic security, under this section shall be considered to be SEC. ll. FEDERAL DISASTER FUNDING FOR RE- or national security, given current and pro- an authorized sale for purposes of section COVERY FROM LARGE-SCALE CYBER jected cyber risks. 5(b)(3) of the Pacific Northwest Electric INCIDENTS. ‘‘(c) REPORT REQUIRED.—Not later than 60 Power Planning and Conservation Act (16 Section 102 of the Robert T. Stafford Dis- days after the date on which the Commission U.S.C. 839c(b)(3)). aster Relief and Emergency Assistance Act has taken the actions required under sub- ‘‘(e) GOALS.—The goals of activities under (42 U.S.C. 5122) is amended— section (b), the Commission shall submit to subsections (b) and (c) shall include, as appli- (1) in paragraph (2), by striking ‘‘or explo- the appropriate congressional committees a cable— sion’’ and inserting ‘‘explosion, or cyber inci- report describing— ‘‘(1) the short-term and long-term reduc- dent’’; and ‘‘(1) the current and projected cyber risks tion and resolution of conflicts relating to (2) by adding at the end the following: considered by the Commission; and water in the Klamath Basin watershed; and ‘‘(13) CRITICAL INFRASTRUCTURE.—The term ‘‘(2) a summary of the type of actions pro- ‘‘(2) compatibility and utility for resolving ‘critical infrastructure’ has the meaning posed by the Commission.’’. other natural resource conflicts, particularly given the term in section 1016(e) of Public through collaboratively developed agree- Law 107–56 (42 U.S.C. 5195c(e)). SA 3198. Mr. BROWN (for himself and ments. ‘‘(14) CYBER INCIDENT.—The term ‘cyber in- Mr. KIRK) submitted an amendment in- ‘‘(f) PUMPING PLANT D.—The Secretary cident’ means actions taken against critical tended to be proposed to amendment may enter into 1 or more agreements with infrastructure through the use of computer SA 2953 proposed by Ms. MURKOWSKI to the Tulelake Irrigation District to reimburse networks that result in a significant adverse the Tulelake Irrigation District for not more effect on the provision of essential services the bill S. 2012, to provide for the mod- than 69 percent of the cost incurred by the (as described in section 427(a)(1)), which— ernization of the energy policy of the Tulelake Irrigation District for the oper- ‘‘(A) lasts for a period of more than 24- United States, and for other purposes; ation and maintenance of Pumping Plant hours; and which was ordered to lie on the table; D.’’. ‘‘(B) affects the provision of essential serv- (b) CONVEYANCE OF NON-PROJECT WATER; as follows: ices in more than 1 State.’’. REPLACEMENT OF C CANAL.— At the end of subtitle A of title I, add the (1) DEFINITION OF KLAMATH PROJECT.—In following: SA 3197. Ms. COLLINS (for herself, this subsection: SEC. 10ll. INCREASING WATER EFFICIENCY IN (A) IN GENERAL.—The term ‘‘Klamath Ms. MIKULSKI, and Ms. HIRONO) sub- FEDERAL BUILDINGS. Project’’ means the Bureau of Reclamation mitted an amendment intended to be (a) DEFINITIONS.—In this section: project in the States of California and Or- proposed to amendment SA 2953 pro- (1) ANSI-ACCREDITED PLUMBING CODE.—The egon, as authorized under the Act of June 17, posed by Ms. MURKOWSKI to the bill S. term ‘‘ANSI-accredited plumbing code’’ 1902 (32 Stat. 388, chapter 1093). 2012, to provide for the modernization means a construction code for a plumbing (B) INCLUSIONS.—The term ‘‘Klamath of the energy policy of the United system of a building that meets applicable Project’’ includes any dams, canals, and States, and for other purposes; which codes established by the American National other works and interests for water diver- Standards Institute. was ordered to lie on the table; as fol- sion, storage, delivery, and drainage, flood (2) ANSI-AUDITED DESIGNATOR.—The term control, and similar functions that are part lows: ‘‘ANSI-audited designator’’ means an accred- of the project described in subparagraph (A). On page 157, strike line 24 and insert the ited developer that is recognized by the (2) CONVEYANCE OF NON-PROJECT WATER.— following: American National Standards Institute. (A) IN GENERAL.—An entity operating tion. (3) GREEN PLUMBERS USA TRAINING PRO- under a contract entered into with the ‘‘SEC. 225. CRITICAL ELECTRIC INFRASTRUC- GRAM.—The term ‘‘Green Plumbers USA United States for the operation and mainte- TURE AT GREATEST RISK. training program’’ means the training and nance of Klamath Project works or facilities, ‘‘(a) DEFINITIONS.—In this section: certification program teaching sustain- and an entity operating any work or facility ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT- ability and water-savings practices that is not owned by the United States that receives TEES.—The term ‘appropriate congressional established by the Green Plumbers organiza- Klamath Project water, may use any of the committees’ means— tion. Klamath Project works or facilities to con- ‘‘(A) the Select Committee on Intelligence (4) HELMETS TO HARDHATS PROGRAM.—The vey non-Klamath Project water for any au- of the Senate; term ‘‘Helmets to Hardhats program’’ means

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.032 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S502 CONGRESSIONAL RECORD — SENATE February 2, 2016 the national, nonprofit program that con- prioritize projects that use LED lighting, (1) according to peer-reviewed scientific re- nects National Guard, Reserve, retired, and solar electricity generating, or energy effi- search and investigative reporting, fossil transitioning active-duty military service ciency building technologies at buildings and fuel companies have long known about the members with skilled training and quality facilities within the jurisdiction of the eligi- harmful climate effects of their products; career opportunities in the construction in- ble entity.’’. and dustry. (b) REVIEW AND EVALUATION.—Section 547 (2) contrary to the scientific findings of the (5) PLUMBING EFFICIENCY RESEARCH COALI- of the Energy Independence and Security Act fossil fuel companies and of others about the TION.—The term ‘‘Plumbing Efficiency Re- of 2007 (42 U.S.C. 17157) is amended by adding danger fossil fuels pose to the climate, fossil search Coalition’’ means the industry coali- at the end the following: fuel companies— tion comprised of plumbing manufacturers, ‘‘(c) PROCUREMENT IMPROVEMENT.—Not (A) used a sophisticated and deceitful cam- code developers, plumbing engineers, and later than 1 year after the date of enactment paign that included funding think tanks to water efficiency experts established to ad- of this subsection, the Secretary, in con- deny, counter, and obstruct peer-reviewed re- vance plumbing research initiatives that sultation with eligible entities, shall revise search; and support the development of water efficiency the grant and procurement practices of the (B) used that misinformation campaign to and sustainable plumbing products, systems, Department of Energy to ensure the most ef- mislead the public and cast doubt in order to and practices. fective allocation and use of the funds made protect their financial interest?. (b) WATER EFFICIENCY STANDARDS.—The available under section 548.’’. (d) SENSE OF THE SENATE REGARDING CER- Secretary shall work with ANSI-audited des- (c) FUNDING.—Section 548(a) of the Energy TAIN CORPORATIONS.—It is the sense of the ignators to promote the implementation and Independence and Security Act of 2007 (42 Senate that the Senate— use in the construction of Federal building of U.S.C. 17158(a)) is amended— (1) disapproves of activities by certain cor- plumbing products, systems, and practices (1) in paragraph (1), by striking ‘‘2008 porations and organizations funded by those that meet standards and codes that achieve through 2012’’ and inserting ‘‘2018 through corporations to deliberately undermine peer- the highest level of water efficiency and con- 2020’’; and reviewed scientific research about the dan- servation practicable consistent with con- (2) in paragraph (2), by striking subpara- gers of their products and cast doubt on struction budgets and the goals of Executive graphs (A) through (C) and inserting the fol- science in order to protect their financial in- Order 13514 (42 U.S.C. 4321 note; relating to lowing: terests; and Federal leadership in environmental, energy, ‘‘(A) $20,000,000 for fiscal year 2017; and (2) urges fossil fuel companies to cooperate and economic performance), including— ‘‘(B) $25,000,000 for each of fiscal years 2018 with active or future investigations into their climate-change related activities and (1) the most recent version of the ANSI-ac- through 2020.’’. what the companies knew and when they credited plumbing code; and knew it. (2) if no ANSI-accredited plumbing code ex- SA 3200. Mr. WHITEHOUSE (for him- ists, alternative plumbing standards and self, Mr. MARKEY, Mr. SCHATZ, and Mr. SA 3201. Mr. WARNER (for himself codes established by the Secretary. SANDERS) submitted an amendment in- and Mr. KAINE) submitted an amend- (c) TRAINING PROGRAMS.—The Secretary tended to be proposed to amendment shall work with nationally recognized ment intended to be proposed to SA 2953 proposed by Ms. MURKOWSKI to plumbing training programs that meet appli- amendment SA 2953 proposed by Ms. cable plumbing licensing requirements to the bill S. 2012, to provide for the mod- MURKOWSKI to the bill S. 2012, to pro- provide competency training for individuals ernization of the energy policy of the vide for the modernization of the en- who install and repair plumbing systems in United States, and for other purposes; ergy policy of the United States, and Federal and other buildings, including— which was ordered to lie on the table; for other purposes; which was ordered (1) the Helmets to Hardhats training pro- as follows: to lie on the table; as follows: gram; and At the appropriate place, insert the fol- At the end, add the following: (2) the Green Plumbers USA training pro- lowing: TITLE VI—MISCELLANEOUS gram. SEC. llll. SENSE OF THE SENATE REGARDING (d) WATER EFFICIENCY RESEARCH.—The SEC. 6001. INTERAGENCY TRANSFER OF LAND ACTIVITIES OF CERTAIN COMPA- Secretary shall promote plumbing research ALONG GEORGE WASHINGTON ME- NIES. MORIAL PARKWAY. that increases water efficiency and conserva- (a) SENSE OF THE SENATE REGARDING TO- (a) DEFINITION.—In this section: tion in plumbing products, systems, and BACCO COMPANIES.—It is the sense of the Sen- (1) SECRETARY.—The term ‘‘Secretary’’ practices used in Federal and other buildings ate that— means the Secretary of the Interior. and reduces the unintended consequences of (1) according to peer-reviewed scientific re- (2) RESEARCH CENTER.—The term ‘‘Re- reduced flows in the building drains and search and Federal courts, tobacco compa- search Center’’ means the Federal Highway water supply systems of the United States, nies have long known about the harmful Administration’s Turner-Fairbank Highway which may include working with the Andrew health effects of their products; and Research Center. W. Breidenbach Environmental Research (2) contrary to the scientific findings of the (3) MAP.—The term ‘‘Map’’ means the map Center and the Plumbing Efficiency Re- tobacco companies and of others about the titled ‘‘George Washington Memorial Park- search Coalition— danger tobacco poses to human health, to- way—Claude Moore Farm Proposed Bound- (1) to provide and exchange experts to con- bacco companies— ary Adjustment’’, numbered 850l130815, and duct water efficiency and conservation (A) used a sophisticated and deceitful cam- dated December 2015. plumbing-related studies; paign that included funding think tanks to (b) ADMINISTRATIVE JURISDICTION TRANS- (2) to assist in creating public awareness of deny, counter, and obstruct peer-reviewed FER.— reports of the Plumbing Efficiency Research science; and (1) TRANSFER OF JURISDICTION.—The Sec- Coalition; and (B) used that misinformation campaign to retary and the Secretary of Transportation, (3) to provide financial assistance if appli- mislead the public and cast doubt in order to as appropriate, are authorized to exchange cable and available. protect their financial interest. administrative jurisdiction of— (b) SENSE OF THE SENATE REGARDING LEAD- (A) approximately 0.342 acres of Federal SA 3199. Mr. MARKEY submitted an RELATED MANUFACTURERS.—It is the sense of land under the jurisdiction of the Depart- amendment intended to be proposed to the Senate that— ment of the Interior within the boundary of amendment SA 2953 proposed by Ms. (1) according to peer-reviewed scientific re- the George Washington Memorial Parkway, MURKOWSKI to the bill S. 2012, to pro- search and State courts, the harmful effects generally depicted as ‘‘B’’ on the Map; and vide for the modernization of the en- of lead in paint and other products were (B) the approximately 0.479 acres of Fed- ergy policy of the United States, and known to the paint industry, gasoline manu- eral land within the boundary of the Re- for other purposes; which was ordered facturers, and lead producers throughout the search Center land under the jurisdiction of 20th century; and the Department of Transportation adjacent to lie on the table; as follows: (2) contrary to the scientific findings of to the boundary of the George Washington At the end of subtitle A of title I, add the those companies and of others about the dan- Memorial Parkway, generally depicted as following: ger lead poses to human health, those com- ‘‘A’’ on the Map. SEC. 10ll. panies— (2) USE RESTRICTION.—The Secretary shall (a) USE OF FUNDS.—Section 544 of the En- (A) used a sophisticated and deceitful cam- restrict the use of 0.139 acres of Federal land ergy Independence and Security Act of 2007 paign that included funding think tanks to within the boundary of the George Wash- (42 U.S.C. 17154) is amended— deny, counter, and obstruct peer-reviewed re- ington Memorial Parkway immediately adja- (1) in the matter preceding paragraph (1), search; and cent to part of the north perimeter fence of by striking ‘‘An eligible entity’’ and insert- (B) used that misinformation campaign to the Research Center, generally depicted as ing the following: mislead the public and cast doubt in order to ‘‘C’’ on the Map, by prohibiting the storage, ‘‘(a) IN GENERAL.—An eligible entity’’; and protect their financial interest. construction, or installation of any item (2) by adding at the end the following: (c) SENSE OF THE SENATE REGARDING FOS- that may obstruct the view from the Re- ‘‘(b) PRIORITY.—An eligible entity receiv- SIL FUEL COMPANIES.—It is the sense of the search Center into the George Washington ing a grant under this subtitle shall Senate that— Memorial Parkway.

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(3) REIMBURSEMENT OR CONSIDERATION.— Secretary of Housing and Urban Develop- clude a third-party quality assurance proce- The transfers of administrative jurisdiction ment shall, in consultation with the advi- dure. under this section shall occur without reim- sory group established in section 1505(c), de- (3) USE BY APPRAISER.—If an energy effi- bursement or consideration. velop and issue guidelines for the Federal ciency report is used under subsection (b), (4) COMPLIANCE WITH AGREEMENT.— Housing Administration to implement en- the energy efficiency report shall be pro- (A) AGREEMENT.—The National Park Serv- hanced loan eligibility requirements, for use vided to the appraiser to estimate the energy ice and the Federal Highway Administration when testing the ability of a loan applicant efficiency of the subject property and for po- shall comply with all terms and conditions to repay a covered loan, that account for the tential adjustments for energy efficiency. of the Agreement entered into by the parties expected energy cost savings for a loan appli- (d) PRICING OF LOANS.— on September 11, 2002, regarding the transfer cant at a subject property, in the manner set (1) IN GENERAL.—The Federal Housing Ad- of administrative jurisdiction, management, forth in subsections (b) and (c). ministration may price covered loans origi- and maintenance of the lands discussed in (b) REQUIREMENTS TO ACCOUNT FOR ENERGY nated under the enhanced loan eligibility re- that Agreement. COST SAVINGS.— quirements required under this section in ac- (B) ACCESS TO RESTRICTED LAND.— (1) IN GENERAL.—The enhanced loan eligi- cordance with the estimated risk of the (i) IN GENERAL.—Subject to clauses (ii) and bility requirements under subsection (a) loans. (iii), the Secretary shall allow the Research shall require that, for all covered loans for (2) IMPOSITION OF CERTAIN MATERIAL COSTS, Center to access the land described in para- which an energy efficiency report is volun- IMPEDIMENTS, OR PENALTIES.—In the absence graph (1)(B) for purposes of maintenance in tarily provided to the mortgagee by the of a publicly disclosed analysis that dem- accordance with National Park Service homeowner, the Federal Housing Adminis- onstrates significant additional default risk standards, including grass mowing, weed tration and the mortgagee shall take into or prepayment risk associated with the control, tree maintenance, fence mainte- consideration the estimated energy cost sav- loans, the Federal Housing Administration nance, and maintenance of the visual appear- ings expected for the owner of the subject shall not impose material costs, impedi- ance of the land. property in determining whether the loan ments, or penalties on covered loans merely (ii) PRUNING AND REMOVAL OF TRESS.—No applicant has sufficient income to service because the loan uses an energy efficiency tree on the land described in paragraph (1)(B) the mortgage debt plus other regular ex- report or the enhanced loan eligibility re- that is 6 inches or more in diameter shall be penses. quirements required under this section. pruned or removed without the advance writ- (2) USE AS OFFSET.—To the extent that the ten permission of the Secretary. Federal Housing Administration uses a test (e) LIMITATIONS.— (iii) PESTICIDES.—The use of pesticides on such as a debt-to-income test that includes (1) IN GENERAL.—The Federal Housing Ad- the land described in paragraph (1)(B) shall certain regular expenses, such as hazard in- ministration may price covered loans origi- be approved in writing by the Secretary surance and property taxes— nated under the enhanced loan eligibility re- prior to application of the pesticides. (A) the expected energy cost savings shall quirements required under this section in ac- (c) MANAGEMENT OF TRANSFERRED LANDS.— be included as an offset to these expenses; cordance with the estimated risk of those (1) INTERIOR LAND.—The Federal land and loans. transferred to the Secretary under this sec- (B) the Federal Housing Administration (2) PROHIBITED ACTIONS.—The Federal tion shall be included in the boundaries of may not use the offset described in subpara- Housing Administration shall not— the George Washington Memorial Parkway graph (A) to qualify a loan applicant for in- (A) modify existing underwriting criteria and shall be administered by the National surance under title II of the National Hous- or adopt new underwriting criteria that in- Park Service as part of the parkway subject ing Act (12 U.S.C. 1707 et seq.) with respect to tentionally negate or reduce the impact of to applicable laws and regulations. a loan that would not otherwise meet the re- the requirements or resulting benefits that (2) TRANSPORTATION LAND.—The Federal quirements for such insurance. are set forth or otherwise derived from the land transferred to the Secretary of Trans- (3) TYPES OF ENERGY COSTS.—Energy costs enhanced loan eligibility requirements re- portation under this section shall be in- to be assessed under this subsection shall in- quired under this section; or cluded in the boundary of the Research Cen- clude the cost of electricity, natural gas, oil, (B) impose greater buy back requirements, ter and shall be removed from the boundary and any other fuel regularly used to supply credit overlays, or insurance requirements, of parkway. energy to the subject property. including private mortgage insurance, on (3) RESTRICTED-USE LAND.—The Federal (c) DETERMINATION OF ESTIMATED ENERGY covered loans merely because the loan uses land the Secretary has designated for re- COST SAVINGS.— an energy efficiency report or the enhanced stricted use under subsection (b)(2) shall be (1) IN GENERAL.—The guidelines to be loan eligibility requirements required under maintained by the Research Center. issued under subsection (a) shall include in- this section. (d) MAP ON FILE.—The Map shall be avail- structions for the Federal Housing Adminis- able for public inspection in the appropriate (f) APPLICABILITY AND IMPLEMENTATION tration to calculate estimated energy cost offices of the National Park Service, Depart- DATE.—Not later than 3 years after the date savings using— ment of Interior. of enactment of this Act, and before Decem- (A) the energy efficiency report; ber 31, 2019, the enhanced loan eligibility re- SA 3202. Mr. ISAKSON (for himself, (B) an estimate of baseline average energy costs; and quirements required under this section shall Mr. BENNET, Mr. PORTMAN, Mrs. SHA- (C) additional sources of information as de- be implemented by the Federal Housing Ad- HEEN, and Mr. COONS) submitted an termined by the Secretary of Housing and ministration to— amendment intended to be proposed to Urban Development. (1) apply to any covered loan for the sale, amendment SA 2953 proposed by Ms. (2) REPORT REQUIREMENTS.—For the pur- or refinancing of any loan for the sale, of any MURKOWSKI to the bill S. 2012, to pro- poses of paragraph (1), an energy efficiency home; vide for the modernization of the en- report shall— (2) be available on any residential real ergy policy of the United States, and (A) estimate the expected energy cost sav- property (including individual units of con- for other purposes; which was ordered ings specific to the subject property, based dominiums and cooperatives) that qualifies for a covered loan; and to lie on the table; as follows: on specific information about the property; (B) be prepared in accordance with the (3) provide prospective mortgagees with At the end of title I, add the following: guidelines to be issued under subsection (a); sufficient guidance and applicable tools to Subtitle F—Housing and implement the required underwriting meth- SEC. 1501. DEFINITIONS. (C) be prepared— ods. In this subtitle, the following definitions (i) in accordance with the Residential En- SEC. 1503. ENHANCED ENERGY EFFICIENCY UN- shall apply: ergy Service Network’s Home Energy Rating DERWRITING VALUATION GUIDE- (1) COVERED LOAN.—The term ‘‘covered System (commonly known as ‘‘HERS’’) by an LINES. loan’’ means a loan secured by a home that individual certified by the Residential En- is insured by the Federal Housing Adminis- ergy Service Network, unless the Secretary (a) IN GENERAL.—Not later than 1 year tration under title II of the National Hous- of Housing and Urban Development finds after the date of enactment of this Act, the ing Act (12 U.S.C. 1707 et seq.). that the use of HERS does not further the Secretary of Housing and Urban Develop- (2) HOMEOWNER.—The term ‘‘homeowner’’ purposes of this subtitle; ment shall— means the mortgagor under a covered loan. (ii) in accordance with the Alaska Housing (1) in consultation with the Federal Finan- (3) MORTGAGEE.—The term ‘‘mortgagee’’ Finance Corporation energy rating system cial Institutions Examination Council and means an original lender under a covered by an individual certified by the Alaska the advisory group established in section loan or the holder of a covered loan at the Housing Finance Corporation as an author- 1505(c), develop and issue guidelines for the time at which that mortgage transaction is ized Energy Rater; or Federal Housing Administration to deter- consummated. (iii) by other methods approved by the Sec- mine the maximum permitted loan amount SEC. 1502. ENHANCED ENERGY EFFICIENCY UN- retary of Housing and Urban Development, based on the value of the property for all DERWRITING CRITERIA. in consultation with the Secretary and the covered loans made on properties with an en- (a) IN GENERAL.—Not later than 1 year advisory group established in section 1505(c), ergy efficiency report that meets the re- after the date of enactment of this Act, the for use under this subtitle, which shall in- quirements of section 1502(c)(2); and

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.034 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S504 CONGRESSIONAL RECORD — SENATE February 2, 2016 (2) in consultation with the Secretary, to the commercial or financial information and Urban Development determines are nec- issue guidelines for the Federal Housing Ad- of the owner that is privileged or confiden- essary or proper to effectuate the purposes of ministration to determine the estimated en- tial.’’. this subtitle, to prevent circumvention or ergy savings under subsection (c) for prop- (e) TRANSACTIONS REQUIRING STATE CER- evasion thereof, or to facilitate compliance erties with an energy efficiency report. TIFIED APPRAISERS.—Section 1113 of the Fi- therewith. (b) REQUIREMENTS.—The enhanced energy nancial Institutions Reform, Recovery, and (b) RULE OF CONSTRUCTION.—Nothing in efficiency underwriting valuation guidelines Enforcement Act of 1989 (12 U.S.C. 3342) is this subtitle shall be construed to authorize required under subsection (a) shall include— amended— the Secretary of Housing and Urban Develop- (1) a requirement that if an energy effi- (1) in paragraph (1), by inserting before the ment to require any homeowner or other ciency report that meets the requirements of semicolon the following: ‘‘, or any real prop- party to provide energy efficiency reports, section 1502(c)(2) is voluntarily provided to erty on which the appraiser makes adjust- energy efficiency labels, or other disclosures the mortgagee, such report shall be used by ments using an energy efficiency report’’; to the Federal Housing Administration or to the mortgagee or the Federal Housing Ad- and a mortgagee. ministration to determine the estimated en- (2) in paragraph (2), by inserting after be- (c) ADVISORY GROUP.—To assist in carrying ergy savings of the subject property; and fore the period at the end the following: ‘‘, or out this subtitle, the Secretary of Housing (2) a requirement that the estimated en- an appraisal on which the appraiser makes and Urban Development shall establish an ergy savings of the subject property be added adjustments using an energy efficiency re- advisory group, consisting of individuals rep- to the appraised value of the subject prop- port’’. resenting the interests of— erty by a mortgagee or the Federal Housing (f) PROTECTIONS.— (1) mortgage lenders; Administration for the purpose of deter- (1) AUTHORITY TO IMPOSE LIMITATIONS.—The (2) appraisers; mining the loan-to-value ratio of the subject guidelines to be issued under subsection (a) (3) energy raters and residential energy property, unless the appraisal includes the shall include such limitations and conditions consumption experts; value of the overall energy efficiency of the as determined by the Secretary of Housing (4) energy efficiency organizations; subject property, using methods to be estab- and Urban Development to be necessary to (5) real estate agents; lished under the guidelines issued under sub- protect against meaningful under or over (6) home builders and remodelers; section (a). valuation of energy cost savings or duplica- (7) consumer advocates; (c) DETERMINATION OF ESTIMATED ENERGY tive counting of energy efficiency features or (8) State energy officials; and SAVINGS.— energy cost savings in the valuation of any (9) others as determined by the Secretary (1) AMOUNT OF ENERGY SAVINGS.—The subject property that is used to determine a of Housing and Urban Development. amount of estimated energy savings shall be loan amount. determined by calculating the difference be- SEC. 1506. ADDITIONAL STUDY. (2) ADDITIONAL AUTHORITY.—At the end of tween the estimated energy costs for the av- (a) IN GENERAL.—Not later than 18 months the 7-year period following the implementa- erage comparable houses, as determined in after the date of enactment of this Act, the tion of enhanced eligibility and underwriting guidelines to be issued under subsection (a), Secretary of Housing and Urban Develop- valuation requirements under this subtitle, and the estimated energy costs for the sub- ment shall reconvene the advisory group es- the Secretary of Housing and Urban Develop- ject property based upon the energy effi- tablished in section 1505(c), in addition to ment may modify or apply additional excep- ciency report. water and locational efficiency experts, to tions to the approach described in subsection advise the Secretary of Housing and Urban (2) DURATION OF ENERGY SAVINGS.—The du- (b), where the Secretary of Housing and ration of the estimated energy savings shall Development on the implementation of the Urban Development finds that the be based upon the estimated life of the appli- enhanced energy efficiency underwriting cri- unadjusted appraisal will reflect an accurate cable equipment, consistent with the rating teria established in sections 1502 and 1503. market value of the efficiency of the subject system used to produce the energy efficiency (b) RECOMMENDATIONS.—The advisory property or that a modified approach will report. group established in section 1505(c) shall pro- better reflect an accurate market value. vide recommendations to the Secretary of (3) PRESENT VALUE OF ENERGY SAVINGS.— (g) APPLICABILITY AND IMPLEMENTATION The present value of the future savings shall Housing and Urban Development on any re- DATE.—Not later than 3 years after the date be discounted using the average interest rate visions or additions to the enhanced energy of enactment of this Act, and before Decem- efficiency underwriting criteria deemed nec- on conventional 30-year mortgages, in the ber 31, 2019, the Federal Housing Administra- manner directed by guidelines issued under essary by the group, which may include al- tion shall implement the guidelines required ternate methods to better account for home subsection (a). under this section, which shall— (d) ENSURING CONSIDERATION OF ENERGY energy costs and additional factors to ac- (1) apply to any covered loan for the sale, EFFICIENT FEATURES.—Section 1110 of the Fi- count for substantial and regular costs of nancial Institutions Reform, Recovery, and or refinancing of any loan for the sale, of any homeownership such as location-based trans- Enforcement Act of 1989 (12 U.S.C. 3339) is home; and portation costs and water costs. The Sec- amended— (2) be available on any residential real retary of Housing and Urban Development (1) in paragraph (2), by striking ‘‘; and’’ at property, including individual units of con- shall forward any legislative recommenda- the end; dominiums and cooperatives, that qualifies tions from the advisory group to Congress (2) in paragraph (3), by striking the period for a covered loan. for its consideration. at the end and inserting ‘‘; and’’; and SEC. 1504. MONITORING. (3) by inserting after paragraph (3) the fol- Not later than 1 year after the date on SA 3203. Mr. COONS submitted an lowing: which the enhanced eligibility and under- amendment intended to be proposed to ‘‘(4) that State certified and licensed ap- writing valuation requirements are imple- amendment SA 2953 proposed by Ms. praisers have timely access, whenever prac- mented under this subtitle, and every year MURKOWSKI to the bill S. 2012, to pro- ticable, to information from the property thereafter, the Federal Housing Administra- vide for the modernization of the en- owner and the lender that may be relevant in tion shall issue and make available to the public a report that— ergy policy of the United States, and developing an opinion of value regarding the for other purposes; which was ordered energy-saving improvements or features of a (1) enumerates the number of covered loans property, such as— of the Federal Housing Administration for to lie on the table; as follows: ‘‘(A) labels or ratings of buildings; which there was an energy efficiency report, At the end of subtitle E of title IV, add the ‘‘(B) installed appliances, measures, sys- and that used energy efficiency appraisal following: tems or technologies; guidelines and enhanced loan eligibility re- SEC. 44ll. STUDY OF WAIVERS OF CERTAIN ‘‘(C) blueprints; quirements; COST-SHARING REQUIREMENTS. ‘‘(D) construction costs; (2) includes the default rates and rates of Not later than 180 days after the date of ‘‘(E) financial or other incentives regard- foreclosures for each category of loans; and enactment of this Act, the Secretary shall— ing energy-efficient components and systems (3) describes the risk premium, if any, that (1) complete a study on the ability of, and installed in a property; the Federal Housing Administration has any actions before the date of enactment of ‘‘(F) utility bills; priced into covered loans for which there was this Act by, the Secretary to waive the cost- ‘‘(G) energy consumption and an energy efficiency report. sharing requirement under section 988 of the benchmarking data; and SEC. 1505. RULEMAKING. Energy Policy Act of 2005 (42 U.S.C. 16352); ‘‘(H) third-party verifications or represen- (a) IN GENERAL.—The Secretary of Housing and tations of energy and water efficiency per- and Urban Development shall prescribe regu- (2) based on the results of the study under formance of a property, observing all finan- lations to carry out this subtitle, in con- paragraph (1), make recommendations to cial privacy requirements adhered to by cer- sultation with the Secretary and the advi- Congress for the issuance of, and factors that tified and licensed appraisers, including sec- sory group established in subsection (c), should be considered with respect to, waivers tion 501 of the Gramm-Leach-Bliley Act (15 which may contain such classifications, dif- of the cost-sharing requirement by the Sec- U.S.C. 6801). ferentiations, or other provisions, and may retary. Unless a property owner consents to a lend- provide for such proper implementation and er, an appraiser, in carrying out the require- appropriate treatment of different types of SA 3204. Mr. CARPER submitted an ments of paragraph (4), shall not have access transactions, as the Secretary of Housing amendment intended to be proposed to

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The Commission shall suspend imme- for other purposes; which was ordered (a) COMMERCIAL LICENSES.—Section 103 of diately any license granted under this sec- to lie on the table; as follows: the Atomic Energy Act of 1954 (42 U.S.C. tion if the Commission discovers that the li- At the appropriate place, insert the fol- 2133) is amended— censee is providing unescorted access to any lowing: (1) in subsection d., in the third sentence, employee who is— by inserting ‘‘under a circumstance de- TITLE ll—PREVENTING RADIOLOGICAL ‘‘(1) listed in the terrorist screening data- scribed in subsection g., or’’ after ‘‘within TERRORISM ACT base maintained by the Federal Government the United States’’; and Terrorist Screening Center of the Federal SEC. l001. SHORT TITLE. (2) by adding at the end the following: Bureau of Investigation; or This title may be cited as the ‘‘Preventing ‘‘g. In addition to the limitations described ‘‘(2) convicted of any offense under any Radiological Terrorism Act of 2016’’. in subsection d. and the limitations provided Federal, State, or local law or ordinance, an SEC. l002. STRATEGY FOR SECURING HIGH AC- at the discretion of the Commission, the element of which is— TIVITY RADIOLOGICAL SOURCES. Commission shall not grant a license to any ‘‘(A) engaging in conduct constituting, in (a) IN GENERAL.—The Administrator for individual who is— preparation of, in aid of, or related to ter- Nuclear Security shall— ‘‘(1) listed in the terrorist screening data- rorism; (1) in coordination with the Chairman of base maintained by the Federal Government ‘‘(B) providing material support or re- the Nuclear Regulatory Commission and the Terrorist Screening Center of the Federal sources for terrorism; or Secretary of Homeland Security, develop a Bureau of Investigation; or ‘‘(C) the making of a terrorist threat or strategy to enhance the security of all risk- ‘‘(2) convicted of any offense under any terroristic threat. significant radiological materials as soon as Federal, State, or local law or ordinance, an ‘‘g. The Commission may lift the suspen- possible; and element of which is— sion of a license made pursuant to subsection (2) not later than 120 days after the date of ‘‘(A) engaging in conduct constituting, in f. if— the enactment of this Act, submit to the ap- preparation of, in aid of, or related to ter- ‘‘(1) the licensee has revoked unescorted propriate congressional committees a report rorism; access privileges to the employee; describing the strategy required by para- ‘‘(B) providing material support or re- ‘‘(2) the licensee has alerted the appro- graph (1). sources for terrorism; or priate Federal, State, and local law enforce- (b) ELEMENTS.—The report required by sub- ‘‘(C) the making of a terrorist threat or ment offices of the provision and revocation section (a)(2) shall include the following: terroristic threat. of unescorted access to the employee; and (1) A description of activities of the Na- ‘‘h. The Commission shall suspend imme- ‘‘(3) the Commission has conducted a re- tional Nuclear Security Administration, on- diately any license granted under this sec- view of the security of the licensee and de- going as of the date of the enactment of this tion if the Commission discovers that the li- termined that reinstatement of the licensee Act— censee is providing unescorted access to any would not be inimical to the national secu- employee who is— (A) to secure risk-significant radiological rity interests of the United States.’’. materials; and ‘‘(1) listed in the terrorist screening data- (c) COOPERATION WITH STATES.—Section 274 (B) to secure radiological materials and base maintained by the Federal Government b. of the Atomic Energy Act of 1954 (42 U.S.C. prevent the illicit trafficking of such mate- Terrorist Screening Center of the Federal 2021(b)) is amended— rials as part of the Global Nuclear Detection Bureau of Investigation; or (1) by redesignating paragraphs (1) through Architecture. ‘‘(2) convicted of any offense under any (3) as subparagraphs (A) through (C), respec- (2) A list of any gaps in the legal authority Federal, State, or local law or ordinance, an tively, and indenting appropriately; of United States Government agencies need- element of which is— (2) in the matter preceding subparagraph ed to secure all risk-significant radiological ‘‘(A) engaging in conduct constituting, in (A) (as so redesignated), by striking ‘‘b. Ex- materials. preparation of, in aid of, or related to ter- cept as’’ and inserting the following: (3) An estimate of the cost of securing all rorism; ‘‘b. AUTHORIZATION TO ENTER INTO AGREE- risk-significant radiological materials. ‘‘(B) providing material support or re- MENTS.— sources for terrorism; or (4) A list, in the classified annex author- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ized by subsection (c), of all locations where ‘‘(C) the making of a terrorist threat or except as’’; and terroristic threat. risk-significant radiological material is kept (3) by adding at the end the following: ‘‘i. The Commission may lift the suspen- ‘‘(2) REQUIREMENT.— under conditions that fail to meet the en- sion of a license made pursuant to subsection ‘‘(A) IN GENERAL.—The Commission shall hanced physical security standards promul- h. if— not enter into an agreement with the Gov- gated by the Office of Global Material Secu- ‘‘(1) the licensee has revoked unescorted ernor of a State under paragraph (1) unless rity of the National Nuclear Security Ad- access privileges to the employee; the Governor agrees that the State— ministration. ‘‘(2) the licensee has alerted the appro- ‘‘(i) shall not grant a license to any indi- (c) FORM OF REPORT.—The report required priate Federal, State, and local law enforce- vidual who is— by subsection (a) shall be submitted in un- ment offices of the provision and revocation classified form and shall include a classified of unescorted access to the employee; and ‘‘(I) listed in the terrorist screening data- annex. ‘‘(3) the Commission has conducted a re- base maintained by the Federal Government (d) DEFINITIONS.—In this section: view of the security of the licensee and de- Terrorist Screening Center of the Federal (1) APPROPRIATE CONGRESSIONAL COMMIT- termined that reinstatement of the licensee Bureau of Investigation; or TEES.—The term ‘‘appropriate congressional would not be inimical to the national secu- ‘‘(II) convicted of any offense under any committees’’ means— rity interests of the United States.’’. Federal, State, or local law or ordinance, an (A) the Committee on Armed Services, the (b) MEDICAL THERAPY AND RESEARCH AND element of which is— Committee on Energy and Natural Re- DEVELOPMENT.—Section 104 of the Atomic ‘‘(aa) engaging in conduct constituting, in sources, the Committee on Environment and Energy Act of 1954 (42 U.S.C. 2134) is amend- preparation of, in aid of, or related to ter- Public Works, and the Committee on Home- ed— rorism; land Security and Governmental Affairs of (1) in subsection d., in the third sentence, ‘‘(bb) providing material support or re- the Senate; and by inserting ‘‘under a circumstance de- sources for terrorism; or (B) the Committee on Armed Services, the scribed in subsection e., or’’ after ‘‘within ‘‘(cc) the making of a terrorist threat or Committee on Energy and Commerce, and the United States’’; and terroristic threat; and the Committee on Homeland Security of the (2) by adding at the end the following: ‘‘(ii) shall suspend the license of a licensee House of Representatives. ‘‘e. In addition to the limitations described if the Commission or the State discovers (2) RISK-SIGNIFICANT RADIOLOGICAL MATE- in subsection d. and the limitations provided that the licensee is providing unescorted ac- RIAL.—The term ‘‘risk-significant radio- at the discretion of the Commission, the cess to any employee who is— logical material’’ means category 1 and cat- Commission shall not grant a license to any ‘‘(I) listed in the terrorist screening data- egory 2 radioactive materials, as determined individual who is— base maintained by the Federal Government by the Nuclear Regulatory Commission, lo- ‘‘(1) listed in the terrorist screening data- Terrorist Screening Center of the Federal cated within the United States. base maintained by the Federal Government Bureau of Investigation; or (3) SECURE.—The terms ‘‘secure’’ and ‘‘se- Terrorist Screening Center of the Federal ‘‘(II) convicted of any offense under any curity’’, with respect to risk-significant radi- Bureau of Investigation; or Federal, State, or local law or ordinance, an ological materials, refer to all activities to ‘‘(2) convicted of any offense under any element of which is— prevent terrorists from acquiring such Federal, State, or local law or ordinance, an ‘‘(aa) engaging in conduct constituting, in sources, including enhanced physical secu- element of which is— preparation of, in aid of, or related to ter- rity and tracking measures, removal and dis- ‘‘(A) engaging in conduct constituting, in rorism; posal of such sources that are not used, re- preparation of, in aid of, or related to ter- ‘‘(bb) providing material support or re- placement of such sources with nonradio- rorism; sources for terrorism; or

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.044 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S506 CONGRESSIONAL RECORD — SENATE February 2, 2016 ‘‘(cc) the making of a terrorist threat or nities and to the national security of the capacity of Fontenelle Reservoir to be used terroristic threat. United States if these sources were lost, sto- for those purposes for which the Seedskadee ‘‘(B) EXISTING AGREEMENTS.—With respect len or subject to sabotage by criminal or ter- Project was authorized. to a State with an agreement in effect as of rorist actors; and (b) COOPERATIVE AGREEMENTS.— the date of enactment of this paragraph, the ‘‘(iii) guidelines and best pest practices for (1) IN GENERAL.—The Secretary of the Inte- Commission shall terminate the agreement mitigating the impact of emergencies involv- rior may enter into any contract, grant, co- pursuant to subsection j. unless the Gov- ing risk-significant radiological materials. operative agreement, or other agreement ernor of the State agrees that the State shall ‘‘(C) The National Nuclear Security Ad- that is necessary to carry out subsection (a). not grant a license to any individual who ministration, the Nuclear Regulatory Com- (2) STATE OF WYOMING.— is— mission, and Federal law enforcement agen- (A) IN GENERAL.—The Secretary of the In- ‘‘(i) listed in the terrorist screening data- cies shall provide information to the Depart- terior shall enter into a cooperative agree- base maintained by the Federal Government ment in order for the Department to submit ment with the State of Wyoming to work in Terrorist Screening Center of the Federal the written certification described in sub- cooperation and collaboratively with the Bureau of Investigation; or paragraph (A). State of Wyoming for planning, design, re- ‘‘(ii) convicted of any offense under any ‘‘(D) A written certification described in lated preconstruction activities, and con- Federal, State, or local law or ordinance, an subparagraph (A) shall include a report on struction of any modification of the element of which is— the activity of the field staff of the Depart- Fontenelle Dam under subsection (a). ‘‘(I) engaging in conduct constituting, in ment to brief State and local law enforce- (B) REQUIREMENTS.—The cooperative preparation of, in aid of, or related to ter- ment representatives, including, as provided agreement under subparagraph (A) shall, at a rorism; to field staff of the Department by State and minimum, specify the responsibilities of the ‘‘(II) providing material support or re- local law enforcement agencies— Secretary of the Interior and the State of sources for terrorism; or ‘‘(i) an aggregation of incidents regarding Wyoming with respect to— ‘‘(III) the making of a terrorist threat or radiological material; and (i) completing the planning and final de- terroristic threat. ‘‘(ii) information on current activities un- sign of the modification of the Fontenelle ‘‘(C) SUSPENSION OF EXISTING AGREE- dertaken to address the vulnerabilities of Dam under subsection (a); MENTS.—With respect to a State with an these risk-significant radiological materials. (ii) any environmental and cultural re- agreement in effect as of the date of enact- ‘‘(E) In this paragraph, the term ‘risk-sig- source compliance activities required for the ment of this paragraph, the Governor of the nificant radiological material’ means cat- modification of the Fontenelle Dam under State shall suspend immediately any license egory 1 and category 2 radioactive materials, subsection (a) including compliance with— granted by the State if the Commission or as determined by the Nuclear Regulatory (I) the National Environmental Policy Act the State discovers that the licensee is pro- Commission, located within the United of 1969 (42 U.S.C. 4321 et seq.); viding unescorted access to any employee States.’’. (II) the Endangered Species Act of 1973 (16 who is— U.S.C. 1531 et seq.); and ‘‘(i) listed in the terrorist screening data- SA 3205. Mr. INHOFE (for himself (III) subdivision 2 of division A of subtitle base maintained by the Federal Government III of title 54, United States Code; and Terrorist Screening Center of the Federal and Mr. KING) submitted an amend- (iii) the construction of the modification of Bureau of Investigation; or ment intended to be proposed to the Fontenelle Dam under subsection (a). ‘‘(ii) convicted of any offense under any amendment SA 2953 proposed by Ms. Federal, State, or local law or ordinance, an MURKOWSKI to the bill S. 2012, to pro- (c) FUNDING BY STATE OF WYOMING.—Pursu- element of which is— vide for the modernization of the en- ant to the Act of March 4, 1921 (41 Stat. 1404, ‘‘(I) engaging in conduct constituting, in chapter 161; 43 U.S.C. 395), and as a condition ergy policy of the United States, and of providing any additional storage under preparation of, in aid of, or related to ter- for other purposes; as follows: rorism; subsection (a), the State of Wyoming shall ‘‘(II) providing material support or re- On page 196, between lines 7 and 8, insert provide to the Secretary of the Interior sources for terrorism; or the following: funds for any work carried out under sub- ‘‘(III) the making of a terrorist threat or (d) GEOMATIC DATA.—If a Federal or State section (a). terroristic threat. department or agency considering an aspect (d) OTHER CONTRACTING AUTHORITY.— of an application for Federal authorization ‘‘(D) LIFTING OF SUSPENSION.—The Gov- (1) IN GENERAL.—The Secretary of the Inte- ernor of the State may lift the suspension of requires the applicant to submit environ- rior may enter into contracts with the State a license made pursuant to subparagraph mental data, the department or agency shall of Wyoming, on such terms and conditions as (A)(ii) or subparagraph (C) if— consider any such data gathered by geomatic the Secretary of the Interior and the State ‘‘(i) the licensee has revoked unescorted techniques, including tools and techniques of Wyoming may agree, for division of any access privileges to the employee; used in land surveying, remote sensing, car- additional active capacity made available ‘‘(ii) the licensee has alerted the appro- tography, geographic information systems, under subsection (a). priate Federal, State, and local law enforce- global navigation satellite systems, photo- (2) TERMS AND CONDITIONS.—Unless other- ment offices of the provision and revocation grammetry, geophysics, geography, or other wise agreed to by the Secretary of the Inte- of unescorted access to the employee; and remote means. rior and the State of Wyoming, a contract ‘‘(iii) the Commission has conducted a re- entered into under paragraph (1) shall be view of the security of the licensee and de- SA 3206. Mr. BARRASSO submitted subject to the terms and conditions of Bu- termined that reinstatement of the licensee an amendment intended to be proposed reau of Reclamation Contract No. 14–06–400– would not be inimical to the national secu- to amendment SA 2953 proposed by Ms. 2474 and Bureau of Reclamation Contract No. rity interests of the United States. MURKOWSKI to the bill S. 2012, to pro- 14–06–400–6193. ‘‘(E) TERMINATION.—If the Governor of a vide for the modernization of the en- (e) SAVINGS PROVISIONS.—Unless expressly State does not suspend a license under sub- ergy policy of the United States, and provided in this section, nothing in this sec- paragraph (A)(ii) or subparagraph (C), the tion modifies, conflicts with, preempts, or for other purposes; which was ordered otherwise affects— Commission shall suspend the agreement to lie on the table; as follows: with the Governor of the State until the (1) the Act of December 31, 1928 (43 U.S.C. Governor of the State suspends the license.’’. At the end of subtitle E of title IV, add the 617 et seq.) (commonly known as the ‘‘Boul- SEC. l004. OUTREACH TO STATE AND LOCAL following: der Canyon Project Act’’); LAW ENFORCEMENT AGENCIES ON SEC. 44lll. AUTHORITY TO MAKE ENTIRE AC- (2) the Colorado River Compact of 1922, as RADIOLOGICAL THREATS. TIVE CAPACITY OF FONTENELLE approved by the Presidential Proclamation Section 201(d) of the Homeland Security RESERVOIR AVAILABLE FOR USE. of June 25, 1929 (46 Stat. 3000); Act of 2002 (6 U.S.C. 121(d)) is amended by (a) IN GENERAL.—The Secretary of the In- (3) the Act of July 19, 1940 (43 U.S.C. 618 et adding at the end the following: terior, in cooperation with the State of Wyo- seq.) (commonly known as the ‘‘Boulder Can- ‘‘(26)(A) Not later than every 2 years, the ming, may amend the Definite Plan Report yon Project Adjustment Act’’); Secretary shall submit a written certifi- for the Seedskadee Project authorized under (4) the Treaty between the United States of cation to Congress that field staff of the De- the first section of the Act of April 11, 1956 America and Mexico relating to the utiliza- partment have briefed State and local law (commonly known as the ‘‘Colorado River tion of waters of the Colorado and Tijuana enforcement representatives about radio- Storage Project Act’’) (43 U.S.C. 620), to pro- Rivers and of the Rio Grande, and supple- logical security threats. vide for the study, design, planning, and con- mentary protocol signed November 14, 1944, ‘‘(B) A briefing conducted under subpara- struction activities that will enable the use signed at Washington February 3, 1944 (59 graph (A) shall include information on— of all active storage capacity (as may be de- Stat. 1219); ‘‘(i) the presence and current security sta- fined or limited by legal, hydrologic, struc- (5) the Upper Colorado River Basin Com- tus of all risk-significant radiological mate- tural, engineering, economic, and environ- pact as consented to by the Act of April 6, rials housed within the jurisdiction of the mental considerations) of Fontenelle Dam 1949 (63 Stat. 31); law enforcement agency being briefed; and Reservoir, including the placement of (6) the Act of April 11, 1956 (commonly ‘‘(ii) the threat that risk-significant radio- sufficient riprap on the upstream face of known as the ‘‘Colorado River Storage logical materials could pose to their commu- Fontenelle Dam to allow the active storage Project Act’’) (43 U.S.C. 620 et seq.);

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.044 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S507 (7) the Colorado River Basin Project Act authorities shall timely conduct analyses (viii) Section 55(c)(1) of such Code is (Public Law 90–537; 82 Stat. 885); or and provide such information as may be rea- amended by striking ‘‘45(e)(11)(C),’’. (8) any State of Wyoming or other State sonably requested by the Commission. (C) EFFECTIVE DATE.—The amendments water law. (3) AVAILABILITY.—Not later than 120 days made by this paragraph shall take effect on after the date of enactment of this Act, the January 1, 2032. SA 3207. Mr. THUNE submitted an Federal Energy Regulatory Commission (b) SENSE OF CONGRESS REGARDING FUR- amendment intended to be proposed to shall submit to Congress and make publicly THER EXTENSION.—It is the sense of the Con- amendment SA 2953 proposed by Ms. available— gress that the credit under section 45 of the (A) the reliability analysis described in MURKOWSKI to the bill S. 2012, to pro- Internal Revenue Code of 1986 should be al- paragraph (1); and vide for the modernization of the en- lowed to expire and should not be extended (B) any relevant special assessment or sea- beyond the expiration dates specified in such ergy policy of the United States, and sonal or long-term reliability assessment section as of the date of the enactment of for other purposes; which was ordered completed by the Electric Reliability Orga- this Act. to lie on the table; as follows: nization. At the appropriate place, insert the fol- SA 3210. Mr. LANKFORD submitted lowing: SA 3209. Mr. LANKFORD submitted an amendment intended to be proposed an amendment intended to be proposed SEC. ll. GROUND-LEVEL OZONE STANDARDS. to amendment SA 2953 proposed by Ms. by him to the bill S. 2012, to provide for Notwithstanding any other provision of MURKOWSKI to the bill S. 2012, to pro- the modernization of the energy policy law (including regulations), in implementing vide for the modernization of the en- of the United States, and for other pur- the final rule entitled ‘‘National Ambient ergy policy of the United States, and poses; which was ordered to lie on the Air Quality Standards for Ozone’’ (80 Fed. for other purposes; which was ordered Reg. 65292 (October 26, 2015)), the Adminis- table; as follows: to lie on the table; as follows: trator of the Environmental Protection At the appropriate place, insert the fol- Agency— lowing: On page 426, after line 23, add the fol- (1) shall not implement or enforce a na- SEC. lll. REPEAL OF CREDIT FOR ELEC- lowing: tional primary or secondary ambient air TRICITY PRODUCED FROM CERTAIN (e) CERTAIN LAND ACQUISITION REQUIRE- quality standard for ozone that is lower than RENEWABLE RESOURCES. MENTS.—Section 200306 of title 54, United the standard established under section 50.15 (a) REPEAL OF CREDIT.— States Code (as amended by subsection (d)), of title 40, Code of Federal Regulations (as in (1) REPEAL OF CERTAIN QUALIFIED ENERGY is amended by adding at the end the fol- effect on January 1, 2015), until at least 85 RESOURCES.— lowing: percent of the counties that were nonattain- (A) IN GENERAL.—Section 45 of the Internal ‘‘(e) NON-ROAD DEFERRED MAINTENANCE ment areas under that standard as of Janu- Revenue Code of 1986 is amended— BACKLOG.—If the non-road deferred mainte- ary 30, 2015, achieve full compliance with (i) in subsection (c)— nance backlog on Federal land is greater that standard; and (I) in paragraph (1), by striking subpara- than $1,000,000,000, acquisitions of land under (2) shall only consider all or part of a coun- graphs (B) through (I), and this section may not exceed the level of de- ty to be a nonattainment area under the (II) by striking paragraphs (2) through (10), ferred maintenance backlog funding. standard on the basis of direct air quality and ‘‘(f) MAINTENANCE NEEDS.—In making an monitoring. (ii) in subsection (d), by striking para- acquisition of land under this section, funds graphs (2) through (11). appropriated for the acquisition shall in- SA 3208. Mr. INHOFE submitted an (B) EFFECTIVE DATE.—The amendments clude any funds necessary to address mainte- amendment intended to be proposed by made by this paragraph shall apply to elec- nance needs at the time of acquisition on the him to the bill S. 2012, to provide for tricity, and refined coal, produced and sold acquired land. after December 31, 2026. the modernization of the energy policy ‘‘(g) CONGRESSIONAL APPROVAL OF CERTAIN (2) REPEAL OF CREDIT FOR WIND FACILITIES LAND ACQUISITIONS.—For any acquisition of of the United States, and for other pur- AND ELIMINATION OF SECTION 45 OF THE INTER- land under this section for which the cost of poses; which was ordered to lie on the NAL REVENUE CODE OF 1986.— the land is greater than $50,000 per acre— table; as follows: (A) IN GENERAL.—Subpart D of part IV of ‘‘(1) before acquiring the land, the Sec- At the appropriate place, insert the fol- subchapter A of chapter 1 of the Internal retary shall submit to Congress a report that lowing: Revenue Code of 1986 is amended by striking describes the land proposed to be acquired; section 45 (and by striking the item relating SEC. lll. INDEPENDENT RELIABILITY ANAL- and YSIS. to such section in the table of sections for ‘‘(2) no acquisition may be made unless the such subpart). (a) DEFINITIONS.—In this section: proposed acquisition is— (B) CONFORMING AMENDMENTS.— (1) ELECTRIC RELIABILITY ORGANIZATION.— ‘‘(A) reported to Congress in accordance The term ‘‘Electric Reliability Organiza- (i) Section 38 of such Code is amended— with paragraph (1); and tion’’ has the meaning given the term in sec- (I) in subsection (b), by striking paragraph ‘‘(B) approved by the enactment of a bill or (8), and tion 215(a) of the Federal Power Act (16 joint resolution.’’. (II) in subsection (c)(4)(B), by striking U.S.C. 824o(a)). clause (iii). (2) FINAL RULE.—The term ‘‘final rule’’ SA 3211. Mr. MCCAIN submitted an (ii) Section 45J of such Code is amended by means the final rule of the Administrator en- amendment intended to be proposed to adding at the end the following new sub- titled ‘‘Carbon Pollution Emission Guide- section: amendment SA 2953 proposed by Ms. lines for Existing Stationary Sources: Elec- ‘‘(f) REFERENCES TO SECTION 45.—Any ref- MURKOWSKI to the bill S. 2012, to pro- tric Utility Generating Units’’ (80 Fed. Reg. erence in this section to any provision of sec- vide for the modernization of the en- 64662 (October 23, 2015)). tion 45 shall be treated as a reference to such ergy policy of the United States, and (b) RELIABILITY ANALYSIS REQUIRED.— provision as in effect immediately before its (1) IN GENERAL.—Notwithstanding any for other purposes; which was ordered repeal.’’. to lie on the table; as follows: other provision of law, the final rule shall (iii) Section 45K(g)(2) of such Code is not go into effect until the date on which the amended by striking subparagraph (E). At the appropriate place, insert the fol- Federal Energy Regulatory Commission and (iv) Section 48 of such Code is amended by lowing: the Electric Reliability Organization jointly adding at the end the following new sub- SEC. ll. WAIVER OF JONES ACT REQUIRE- conduct an independent reliability analysis section: MENTS FOR OIL AND GASOLINE of the final rule to evaluate anticipated ef- ‘‘(e) REFERENCES TO SECTION 45.—Any ref- TANKERS. fects of implementation and enforcement of erence in this section to any provision of sec- (a) IN GENERAL.—Section 12112 of title 46, the final rule on— tion 45 shall be treated as a reference to such United States Code, is amended— (A) electric reliability and resource ade- provision as in effect immediately before its (1) in subsection (a), by striking ‘‘A coast- quacy; repeal.’’. wise’’ and inserting ‘‘Except as provided in (B) the electricity generation portfolio of (v) Section 54(d)(2)(A) of such Code is subsection (b), a coastwise’’; the United States; amended by inserting ‘‘(as in effect imme- (2) by redesignating subsection (b) as sub- (C) the operation of wholesale electricity diately before its repeal)’’ after ‘‘section section (c); and markets; and 45(d)’’. (3) by inserting after subsection (a) the fol- (D) energy delivery and infrastructure, in- (vi) Section 54C(d)(1) of such Code is lowing: cluding electric transmission facilities and amended by inserting ‘‘(as in effect imme- ‘‘(b) WAIVER FOR OIL, GASOLINE, AND LIQUE- natural gas pipelines. diately before its repeal)’’ after ‘‘section FIED NATURAL GAS TANKERS.—The require- (2) ANALYSES FROM OTHER ENTITIES.—The 45(d)’’. ments of subsection (a) shall not apply to an Electric Reliability Organization, regional (vii) Section 54D(f)(1)(A)(iv) of such Code is oil, gasoline, or liquefied natural gas tanker entities, regional transmission organiza- amended by inserting ‘‘(as in effect imme- vessel or barge and a coastwise endorsement tions, independent system operators, and diately before its repeal)’’ after ‘‘section may be issued for any such tanker vessel or other reliability coordinators and planning 45(d)’’. barge that otherwise qualifies under the laws

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of the United States to engage in the coast- (C) WIND ENERGY.—For wind energy, the vironmental impact statement conducted wise trade.’’. Secretary shall establish priority areas as under section 3011B(d), to the maximum ex- (b) REGULATIONS.—Not later than 90 days soon as practicable, but not later than 3 tent practicable when analyzing the poten- after the date of the enactment of this Act, years, after the date of enactment of this tial impacts of the project. the Commandant of the United States Coast Act. SEC. 3011D. PROGRAM TO IMPROVE RENEWABLE Guard shall issue regulations to implement (b) VARIANCE AREAS.—To the maximum ex- ENERGY PROJECT PERMIT COORDI- the amendments made by subsection (a). tent practicable, variance areas shall be con- NATION. Such regulations shall require that an oil, sidered for renewable energy project develop- (a) ESTABLISHMENT.—The Secretary shall gasoline, or liquefied natural gas tanker ves- ment, consistent with the principles of mul- establish a program to improve Federal per- sel or barge permitted to engaged in the tiple use as defined in the Federal Land Pol- mit coordination with respect to renewable coastwise trade pursuant to subsection (b) of icy and Management Act of 1976 (43 U.S.C. energy projects on covered land. section 12112 of title 46, United States Code, 1701 et seq.). (b) MEMORANDUM OF UNDERSTANDING.— as amended by subsection (a), meets all ap- (c) REVIEW AND MODIFICATION.—Not less (1) IN GENERAL.—Not later than 180 days propriate safety and security requirements. frequently than once every 10 years, the Sec- after the date of enactment of this Act, the retary shall— Secretary shall enter into a memorandum of SA 3212. Mr. HELLER (for himself, (1) review the adequacy of land allocations understanding for purposes of this section, Mr. HEINRICH, Mr. GARDNER, Mr. for geothermal, solar, and wind energy pri- including to specifically expedite the envi- TESTER, Mr. BENNET, and Mr. RISCH) ority and variance areas for the purpose of ronmental analysis of applications for submitted an amendment intended to encouraging new renewable energy develop- projects proposed in a variance area, with— be proposed to amendment SA 2953 pro- ment opportunities; and (A) the Secretary of Agriculture; and (B) the Assistant Secretary of the Army posed by Ms. MURKOWSKI to the bill S. (2) based on the review carried out under paragraph (1), add, modify, or eliminate pri- for Civil Works. 2012, to provide for the modernization (2) STATE PARTICIPATION.—The Secretary of the energy policy of the United ority, variance, and exclusion areas. (d) COMPLIANCE WITH THE NATIONAL ENVI- may request the Governor of any interested States, and for other purposes; which RONMENTAL POLICY ACT.—For purposes of State to be a signatory to the memorandum was ordered to lie on the table; as fol- this section, compliance with the National of understanding under paragraph (1). (c) DESIGNATION OF QUALIFIED STAFF.— lows: Environmental Policy Act of 1969 (42 U.S.C. (1) IN GENERAL.—Not later than 90 days On page 244, between lines 13 and 14, insert 4321 et seq.) shall be accomplished— after the date on which the memorandum of the following: (1) for geothermal energy, by understanding under subsection (b) is exe- supplementing the October 2008 final pro- Subpart B—Development of Geothermal, cuted, all Federal signatories, as appro- grammatic environmental impact statement Solar, and Wind Energy on Public Land priate, shall identify for each of the Bureau for geothermal leasing in the western United SEC. 3011A. DEFINITIONS. of Land Management Renewable Energy Co- States; In this subpart: ordination Offices an employee who has ex- (2) for solar energy, by supplementing the (1) COVERED LAND.—The term ‘‘covered pertise in the regulatory issues relating to July 2012 final programmatic environmental land’’ means land that is— the office in which the employee is em- (A) public land administered by the Sec- impact statement for solar energy projects; ployed, including, as applicable, particular retary; and and expertise in— (B) not excluded from the development of (3) for wind energy, by supplementing the (A) consultation regarding, and prepara- geothermal, solar, or wind energy under— July 2005 final programmatic environmental tion of, biological opinions under section 7 of (i) a land use plan established under the impact statement for wind energy projects. the Endangered Species Act of 1973 (16 U.S.C. (e) NO EFFECT ON PROCESSING APPLICA- Federal Land Policy and Management Act of 1536); TIONS.—A requirement to prepare a supple- 1976 (43 U.S.C. 1701 et seq.); or (B) permits under section 404 of Federal ment to a programmatic environmental im- (ii) other Federal law. Water Pollution Control Act (33 U.S.C. 1344); (2) EXCLUSION AREA.—The term ‘‘exclusion pact statement under this section shall not (C) regulatory matters under the Clean Air area’’ means covered land that is identified result in any delay in processing an applica- Act (42 U.S.C. 7401 et seq.); by the Bureau of Land Management as not tion for a renewable energy project. (D) planning under section 14 of the Na- (f) COORDINATION.—In developing a supple- suitable for development of renewable en- tional Forest Management Act of 1976 (16 ment required by this section, the Secretary ergy projects. U.S.C. 472a); shall coordinate, on an ongoing basis, with (3) PRIORITY AREA.—The term ‘‘priority (E) the Federal Land Policy and Manage- appropriate State, tribal, and local govern- area’’ means covered land identified by the ment Act of 1976 (43 U.S.C. 1701 et seq.); ments, transmission infrastructure owners land use planning process of the Bureau of (F) the Migratory Bird Treaty Act (16 and operators, developers, and other appro- Land Management as being a preferred loca- U.S.C. 703 et seq.); and priate entities to ensure that priority areas tion for a renewable energy project. (G) the preparation of analyses under the identified by the Secretary are— (4) PUBLIC LAND.—The term ‘‘public land’’ National Environmental Policy Act of 1969 (1) economically viable (including having has the meaning given the term ‘‘public (42 U.S.C. 4321 et seq.). lands’’ in section 103 of the Federal Land access to transmission); (2) DUTIES.—Each employee assigned under (2) likely to avoid or minimize conflict Policy and Management Act of 1976 (43 paragraph (1) shall— U.S.C. 1702). with habitat for animals and plants, recre- (A) be responsible for addressing all issues (5) RENEWABLE ENERGY PROJECT.—The term ation, and other uses of covered land; and relating to the jurisdiction of the home of- ‘‘renewable energy project’’ means a project (3) consistent with section 202 of the Fed- fice or agency of the employee; and carried out on covered land that uses wind, eral Land Policy and Management Act of (B) participate as part of the team of per- solar, or geothermal energy to generate en- 1976 (43 U.S.C. 1712), including subsection sonnel working on proposed energy projects, ergy. (c)(9) of that section. planning, monitoring, inspection, enforce- (6) SECRETARY.—The term ‘‘Secretary’’ (g) REMOVAL FROM CLASSIFICATION.—In ment, and environmental analyses. means the Secretary of the Interior. carrying out subsections (a), (c), and (d), if (d) ADDITIONAL PERSONNEL.—The Secretary the Secretary determines an area previously (7) VARIANCE AREA.—The term ‘‘variance may assign additional personnel for the re- suited for development should be removed area’’ means covered land that is— newable energy coordination offices as are from priority or variance classification, not (A) not an exclusion area; and necessary to ensure the effective implemen- (B) not a priority area. later than 90 days after the date of the deter- tation of any programs administered by SEC. 3011B. LAND USE PLANNING; SUPPLEMENTS mination, the Secretary shall submit to Con- those offices, including inspection and en- TO PROGRAMMATIC ENVIRON- gress a report on the determination. forcement relating to renewable energy MENTAL IMPACT STATEMENTS. SEC. 3011C. ENVIRONMENTAL REVIEW ON COV- project development on covered land, in ac- (a) PRIORITY AREAS.— ERED LAND. cordance with the multiple use mandate of (1) IN GENERAL.—The Secretary, in con- (a) IN GENERAL.—If the Secretary deter- the Federal Land Policy and Management sultation with the Secretary of Energy, shall mines that a proposed renewable energy Act of 1976 (43 U.S.C. 1701 et seq.). establish priority areas on covered land for project has been sufficiently analyzed by a (e) RENEWABLE ENERGY COORDINATION OF- geothermal, solar, and wind energy projects. programmatic environmental impact state- FICES.—In implementing the program estab- (2) DEADLINE.— ment conducted under section 3011B(d), the lished under this section, the Secretary may (A) GEOTHERMAL ENERGY.—For geothermal Secretary shall not require any additional establish additional renewable energy co- energy, the Secretary shall establish priority review under the National Environmental ordination offices or temporarily assign the areas as soon as practicable, but not later Policy Act of 1969 (42 U.S.C. 4321 et seq.). qualified staff described in subsection (c) to than 5 years, after the date of enactment of (b) ADDITIONAL ENVIRONMENTAL REVIEW.— a State, district, or field office of the Bureau this Act. If the Secretary determines that additional of Land Management to expedite the permit- (B) SOLAR ENERGY.—For solar energy, the environmental review under the National ting of renewable energy projects, as the solar energy zones established by the 2012 Environmental Policy Act of 1969 (42 U.S.C. Secretary determines to be necessary. western solar plan of the Bureau of Land 4321 et seq.) is necessary for a proposed re- (f) REPORT TO CONGRESS.— Management shall be considered to be pri- newable energy project, the Secretary shall (1) IN GENERAL.—Not later than February 1 ority areas for solar energy projects. rely on the analysis in the programmatic en- of the first fiscal year beginning after the

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.042 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S509 date of enactment of this Act, and each Feb- ‘‘(D) working with Federal agencies and (1) includes an advisory board with propor- ruary 1 thereafter, the Secretary shall sub- State and local governments— tional participation, as determined by the mit to the Committee on Energy and Nat- ‘‘(i) to enhance energy emergency pre- Secretary, of relevant organizations, includ- ural Resources of the Senate and the Com- paredness; and ing representatives from— mittee on Natural Resources of the House of ‘‘(ii) to respond to and mitigate energy (A) relevant energy industry organizations, Representatives a report describing the emergencies.’’. including public and private employers; progress made pursuant to the program (b) UNDER SECRETARY FOR SCIENCE AND EN- (B) labor organizations; under this subpart during the preceding ERGY.—Section 202(b)(4) of the Department of (C) postsecondary education organizations; year. Energy Organization Act (42 U.S.C. 7132(b)(4)) and (2) INCLUSIONS.—Each report under this (as amended by section 4404(a)(3)) is amend- (D) workforce development boards; subsection shall include— ed, in subparagraph (B), by inserting ‘‘and (2) demonstrates experience in imple- (A) projections for renewable energy pro- applied energy’’ before ‘‘programs of the’’. menting and operating job training and edu- duction and capacity installations; and (c) RESPONSIBILITIES OF ASSISTANT SECRE- cation programs; (B) a description of any problems relating TARIES.—Section 203(a) of the Department of (3) demonstrates the ability to recruit indi- to leasing, permitting, siting, or production. Energy Organization Act (42 U.S.C. 7133(a)) is viduals who plan to work in the energy in- On page 244, line 14, strike ‘‘Subpart B’’ amended by adding at the end the following: dustries, and support those individuals in the and insert ‘‘Subpart C’’. ‘‘(12) Emergency response functions, in- successful completion of relevant job train- cluding assistance in the prevention of, or in ing and education programs; and SA 3213. Mr. WARNER (for himself the response to, an emergency disruption of (4) provides students who complete the pro- and Mr. PETERS) submitted an amend- energy supply, transmission, and distribu- posed job training and education program ment intended to be proposed to tion.’’. with an industry-recognized credential. amendment SA 2953 proposed by Ms. (c) APPLICATIONS.—An eligible entity desir- SA 3215. Mr. CARDIN submitted an ing a grant under subsection (1)(1) shall sub- MURKOWSKI to the bill S. 2012, to pro- amendment intended to be proposed to vide for the modernization of the en- mit to the Secretary an application at such amendment SA 2953 proposed by Ms. time, in such manner, and containing such ergy policy of the United States, and MURKOWSKI to the bill S. 2012, to pro- information as the Secretary may require, for other purposes; which was ordered vide for the modernization of the en- including a description of the proposed pro- to lie on the table; as follows: ergy policy of the United States, and gram leading to the industry-recognized cre- At the end of subtitle D of title II, insert for other purposes; which was ordered dential. the following: to lie on the table; as follows: (d) PRIORITY.—In selecting eligible entities to receive grants under subsection (a)(1), the SEC. 23ll. REPORT ON USING SMART TECH- At the end of subtitle E of title IV, add the NOLOGIES TO ADVANCE ENERGY EF- Secretary shall prioritize an applicant that— following: FICIENCY AND GRID MODERNIZA- (1) provides the job training and education TION. SEC. 44ll. EXEMPTION FROM COST-SHARING program through— REQUIREMENTS FOR CERTAIN RE- Not later than 1 year after the date of en- (A) a community college or institution of actment of this Act, the Secretary shall sub- SEARCH AND DEVELOPMENT PRO- GRAMS. higher education that includes basic science mit to the Committees on Energy and Nat- Section 988 of the Energy Policy Act of and math education in the curriculum of the ural Resource and Finance of the Senate and 2005 (42 U.S.C. 16352) is amended by adding at community college or institution of higher the Committees on Natural Resources and the end the following: education; or Financial Services of the House of Rep- ‘‘(g) EXEMPTION.—The Secretary may ex- (B) an apprenticeship program registered resentatives a report that includes rec- empt from the requirements of subsection (b) with the Department of Labor or a State; ommendations of the Secretary regarding a small business concern (as defined in sec- (2) works with the Secretary of Defense or measures (including measures to be enacted tion 3 of the Small Business Act (15 U.S.C. a veterans organization to transition mem- by Congress) that could be carried out 632)) that is eligible to receive an award bers of the Armed Forces and veterans to ca- throughout the United States to use smart under the SBIR program (as defined in sec- reers in the energy sector; technologies to advance energy efficiency tion 9(e) of that Act (15 U.S.C. 638(e))) of the (3) works with an Indian tribe (as defined and grid modernization in the 21st century Department.’’. in section 4 of the Indian Self-Determination energy economy, unless a similar report and and Education Assistance Act (25 U.S.C. recommendations are included in a separate SA 3216. Mr. KAINE (for himself, Mr. 450b)); analysis prepared and submitted to Congress VITTER, and Ms. BALDWIN) submitted (4) applies as a State or regional consor- by not later than 1 year after that date of en- an amendment intended to be proposed tium, providing the job training and edu- actment, such as the Quadrennial Energy to amendment SA 2953 proposed by Ms. cation program through a community col- Review under section 801 of the Department lege or institution of higher education de- MURKOWSKI to the bill S. 2012, to pro- of Energy Organization Act (42 U.S.C. 7321) scribed in paragraph (1), to leverage best (as amended by section 4402(a)). vide for the modernization of the en- practices already available in the State or ergy policy of the United States, and region in which the community college or in- SA 3214. Ms. CANTWELL submitted for other purposes; which was ordered stitution of higher education is located; an amendment intended to be proposed to lie on the table; as follows: (5) is a consortium that includes a State- to amendment SA 2953 proposed by Ms. Strike section 3602 and insert the fol- supported entity; MURKOWSKI to the bill S. 2012, to pro- lowing: (6) includes an apprenticeship program reg- vide for the modernization of the en- SEC. 3602. ENERGY WORKFORCE PILOT GRANT istered with the Department of Labor or a ergy policy of the United States, and PROGRAM. State as part of the job training and edu- for other purposes; which was ordered (a) GRANTS FOR JOB TRAINING AND EDU- cation program; CATION PROGRAMS.— (7) provides support services and career to lie on the table; as follows: (1) IN GENERAL.—Not later than 1 year after coaching; At the end of subtitle E of title IV, add the the date of enactment of this Act, the Sec- (8) provides introductory energy workforce following: retary, in consultation with the Secretary of development activities; SEC. 44lll. ENERGY EMERGENCY RESPONSE Labor, the Secretary of Education, and the (9) works with minority-serving institu- EFFORTS OF THE DEPARTMENT. Secretary of Transportation, shall establish tions to provide job training to increase the (a) CONGRESSIONAL DECLARATION OF PUR- a pilot program to award grants on a com- number of skilled minorities and women in POSE.—Section 102 of the Department of En- petitive basis to eligible entities for job the energy sector; ergy Organization Act (42 U.S.C. 7112) is training and education programs that lead to (10) provides job training for displaced and amended by adding at the end the following: an industry-recognized credential. unemployed workers in the energy sector; ‘‘(20) To facilitate the development and im- (2) IMPLEMENTATION GRANTS.—The Sec- (11) establishes a community college or 2- plementation of a strategy for responding to retary may award grants, to nonprofit orga- year technical college-based ‘‘Center of Ex- energy infrastructure and supply emer- nizations with a track record of at least 10 cellence’’ for an energy and maritime work- gencies through— years of expertise in working with commu- force technical training program, such as a ‘‘(A) continuously monitoring and pub- nity colleges on developing workforce devel- program of a community college located in a lishing information on the energy delivery opment programs, to provide assistance to coastal area; and supply infrastructure of the United the Secretary in implementing the require- (12) is located in close proximity to marine States, including electricity, liquid fuels, ments of this section, including developing or port facilities in the Gulf of Mexico, At- natural gas, and coal; the grant program described in paragraph lantic Ocean, Pacific Ocean, or Great Lakes; ‘‘(B) managing Federal strategic energy re- (1). or serves; (b) ELIGIBILITY.—To be eligible to receive a (13) has established associations with— ‘‘(C) advising national leadership during grant under subsection (a)(1), an entity shall (A) port authorities or other established emergencies on ways to respond to and mini- be a public organization or a consortium of seaport or inland port facilities; and mize energy disruptions; and public organizations that— (B) appropriate Federal agencies.

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(e) ADDITIONAL CONSIDERATION.—In making ‘‘(M) enhanced ability for small business (C) any financial incentives that may be grants under subsection (a)(1), the Secretary concerns to achieve savings through energy necessary for the development of carbon shall consider regional diversity. efficiency.’’. fiber recovery, recycled carbon fiber, or pro- (f) LIMITATION ON APPLICATIONS.—An eligi- duction waste carbon fiber; ble entity may not submit, either individ- SA 3218. Ms. STABENOW (for herself, (D) the potential lifecycle savings in en- ually or as part of a joint application, more Mr. BOOZMAN, Ms. BALDWIN, Mr. CAR- ergy from carbon fiber recovery or producing than 1 application for a grant under sub- PER, and Mr. ISAKSON) submitted an recycled carbon fiber, as compared to pro- section (a)(1) during any 1 fiscal year. amendment intended to be proposed to ducing new carbon fiber; (g) LIMITATIONS ON AMOUNT OF GRANT.— amendment SA 2953 proposed by Ms. (E) the best and highest uses for recovered The amount of an individual grant under carbon fiber and recycled carbon fiber; MURKOWSKI to the bill S. 2012, to pro- subsection (a)(1) for any 1 year shall not ex- (F) the potential reduction in carbon diox- ceed $1,000,000. vide for the modernization of the en- ide emissions from carbon fiber recovery and (h) COST SHARING.— ergy policy of the United States, and producing recycled carbon fiber, as compared (1) FEDERAL SHARE.—The Federal share of for other purposes; which was ordered to producing new carbon fiber; the cost of a job training and education pro- to lie on the table; as follows: (G) any economic benefits gained from gram carried out using a grant under sub- Strike section 3703 and insert the fol- using recovered carbon fiber and recycled section (a)(1) shall be not greater than 65 lowing: carbon fiber or production waste carbon percent. SEC. 3703. ELIGIBLE PROJECTS. fiber; (2) NON-FEDERAL SHARE.— Section 1703(b)(1) of the Energy Policy Act (H) workforce training and skills needed to (A) IN GENERAL.—Not less than 50 percent of 2005 (42 U.S.C. 16513(b)(1)) is amended by address labor demands in the development of of the non-Federal share of the cost of a job inserting ‘‘(excluding the burning, to gen- recovered carbon fiber and recycled carbon training and education program carried out erate electricity, of commonly recycled fiber or production waste carbon fiber; and using a grant under subsection (a)(1) shall be paper that has been segregated from solid (I) how the Department can leverage exist- provided in cash. waste to generate electricity or commonly ing efforts in the industry on the use of pro- (B) LIMITATION.—Not more than 50 percent recycled paper that is collected as part of a duction waste carbon fiber. of the non-Federal contribution of the cost collection system that commingles the paper (4) REPORT.—Not later than 1 year after of a job training and education program car- with other solid waste at any point from col- the date of enactment of this Act, the Sec- ried out using a grant under subsection (a)(1) lection through the materials recovery proc- retary shall submit to Congress a report de- shall be in kind, fairly evaluated, including ess)’’ after ‘‘systems’’. scribing the results of the study conducted plant, equipment, or services. under paragraph (2). (i) REDUCTION OF DUPLICATION.—Prior to SA 3219. Mr. CASEY submitted an (b) RECYCLED CARBON FIBER DEMONSTRA- submitting an application for a grant under TION PROJECT.—On completion of the study subsection (a)(1), each applicant shall con- amendment intended to be proposed to amendment SA 2953 proposed by Ms. required under subsection (a)(2), the Sec- sult with the appropriate Federal agencies retary shall consult with the and coordinate the proposed activities of the MURKOWSKI to the bill S. 2012, to pro- applicant with existing State and local pro- vide for the modernization of the en- SA 3221. Mr. UDALL (for himself, Mr. grams. ergy policy of the United States, and PORTMAN, Mrs. BOXER, Mr. ALEXANDER, (j) TECHNICAL ASSISTANCE.—The Secretary for other purposes; which was ordered Mr. WYDEN, and Mr. BROWN) submitted shall provide technical assistance and capac- to lie on the table; as follows: ity building to national and State energy an amendment intended to be proposed partnerships, including the entities de- On page 370, strike lines 14 and 15 and in- by him to the bill S. 2012, to provide for scribed in subsection (b)(1), to leverage the sert the following: the modernization of the energy policy existing (as of the date of the provision) job proper voltage and frequency; of the United States, and for other pur- training and education programs of the De- (vii) ensure the availability of a financial poses; which was ordered to lie on the day-ahead transmission market that will be partment. table; as follows: (k) REPORT.—The Secretary shall submit aligned with the existing financial monthly At the appropriate place, insert the fol- to Congress and make publicly available on transmission market; and lowing: the website of the Department an annual re- (viii) provide an enhanced opportunity port on the program established under this SEC. llll. WATERSENSE. section, including a description of— SA 3220. Ms. CANTWELL submitted (a) IN GENERAL.—Part B of title III of the (1) the entities receiving grants under sub- an amendment intended to be proposed Energy Policy and Conservation Act is section (a)(1); to amendment SA 2953 proposed by Ms. amended by adding after section 324A (42 U.S.C. 6294a) the following: (2) the activities carried out using the MURKOWSKI to the bill S. 2012, to pro- grants; vide for the modernization of the en- ‘‘SEC. 324B. WATERSENSE. ‘‘(a) ESTABLISHMENT OF WATERSENSE PRO- (3) best practices used to leverage the in- ergy policy of the United States, and GRAM.— vestment of the Federal Government; for other purposes; which was ordered (4) the rate of employment for participants ‘‘(1) IN GENERAL.—There is established after completing a job training and edu- to lie on the table; as follows: within the Environmental Protection Agen- cation program carried out using such a Beginning on page 325, strike line 9 and all cy a voluntary WaterSense program to iden- grant; and that follows through page 327, line 5 and in- tify and promote water-efficient products, (5) an assessment of the results achieved sert the following: buildings, landscapes, facilities, processes, by the program established under this sec- (1) DEFINITION OF RECYCLED CARBON and services that, through voluntary label- tion. FIBER.—In this subsection, the term ‘‘recy- ing of, or other forms of communications re- (l) AUTHORIZATION OF APPROPRIATIONS.— cled carbon fiber’’ includes— garding, products, buildings, landscapes, fa- There is authorized to be appropriated to (A) carbon fiber composite recycling; and cilities, processes, and services while meet- carry out this section $20,000,000 for each of (B) carbon fiber recovery or reuse of carbon ing strict performance criteria, sensibly— fiscal years 2017 through 2020. fiber composites and the components of car- ‘‘(A) reduce water use; bon fiber composites. ‘‘(B) reduce the strain on public and com- SA 3217. Mrs. SHAHEEN submitted (2) STUDY.—The Secretary shall conduct a munity water systems and wastewater and an amendment intended to be proposed study on— stormwater infrastructure; by her to the bill S. 2012, to provide for (A) the technology of recycled carbon ‘‘(C) conserve energy used to pump, heat, the modernization of the energy policy fiber, carbon fiber recovery, and production transport, and treat water; and of the United States, and for other pur- waste carbon fiber; and ‘‘(D) preserve water resources for future (B) the potential lifecycle energy savings generations. poses; which was ordered to lie on the and economic impact of recycled carbon ‘‘(2) INCLUSIONS.—The Administrator of the table; as follows: fiber and carbon fiber recovery. Environmental Protection Agency (referred At the appropriate place, insert the fol- (3) FACTORS FOR CONSIDERATION.—In con- to in this section as the ‘Administrator’) lowing: ducting the study under paragraph (2), the shall, consistent with this section, identify SEC. ll. SMALL BUSINESS ENERGY EFFICIENCY. Secretary shall consider— water-efficient products, buildings, land- Section 501(d)(3) of the Small Business In- (A) the quantity of recycled carbon fiber, scapes, facilities, processes, and services, in- vestment Act of 1958 (15 U.S.C. 695(d)(3)) is recovered carbon fiber, or production waste cluding categories such as— amended— carbon fiber that would make the use of re- ‘‘(A) irrigation technologies and services; (1) in subparagraph (K), by striking ‘‘pro- cycled carbon fiber, carbon fiber recovery, or ‘‘(B) point-of-use water treatment devices; ducers, or’’ and inserting ‘‘producers,’’; production waste carbon fiber economically ‘‘(C) plumbing products; (2) in subparagraph (L), by striking the pe- viable; ‘‘(D) reuse and recycling technologies; riod at the end and inserting ‘‘, or’’; and (B) any existing or potential barriers to ‘‘(E) landscaping and gardening products, (3) by inserting after subparagraph (L) the carbon fiber recovery, recycling carbon fiber, including moisture control or water enhanc- following: or using recovered or recycled carbon fiber; ing technologies;

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.039 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S511 ‘‘(F) xeriscaping and other landscape con- ed by inserting after the item relating to SA 3224. Ms. CANTWELL submitted versions that reduce water use; section 324A the following: an amendment intended to be proposed ‘‘(G) whole house humidifiers; and ‘‘Sec. 324B. WaterSense.’’. to amendment SA 2953 proposed by Ms. ‘‘(H) water-efficient buildings or facilities. MURKOWSKI to the bill S. 2012, to pro- ‘‘(b) DUTIES.—The Administrator, coordi- SA 3222. Mr. WYDEN (for himself and nating as appropriate with the Secretary, vide for the modernization of the en- Mr. MANCHIN) submitted an amend- shall— ergy policy of the United States, and ‘‘(1) establish— ment intended to be proposed to for other purposes; which was ordered ‘‘(A) a WaterSense label to be used for amendment SA 2953 proposed by Ms. to lie on the table; as follows: items meeting the certification criteria es- MURKOWSKI to the bill S. 2012, to pro- At the end of subtitle C of title IV, add the tablished in accordance with this section; vide for the modernization of the en- following: and ergy policy of the United States, and SEC. 42ll. CLEAN ENERGY TECHNOLOGY INNO- ‘‘(B) the procedure, including the methods for other purposes; which was ordered VATION REGIONAL PARTNERSHIPS. and means, and criteria by which an item to lie on the table; as follows: (a) PURPOSE.—The purpose of this section may be certified to display the WaterSense is to accelerate the pace of innovation in label; At the end of subtitle C of title II, add the following: clean energy technologies through the for- ‘‘(2) enhance public awareness regarding mation of regional clean energy innovation the WaterSense label through outreach, edu- SEC. 220l. MARKET-DRIVEN REINSTATEMENT OF partnerships that are responsive to the en- OIL EXPORT BAN. cation, and other means; ergy resources, customer needs, and innova- (a) DEFINITIONS.—In this section: ‘‘(3) preserve the integrity of the tion capabilities of various regions of the (1) AVERAGE NATIONAL PRICE OF GASOLINE.— WaterSense label by— country. The term ‘‘average national price of gaso- ‘‘(A) establishing and maintaining feasible (b) DEFINITION OF CLEAN ENERGY TECH- line’’ means the average of retail regular performance criteria so that products, build- NOLOGY.—In this section, the term ‘‘clean en- gasoline prices in the United States, as cal- ings, landscapes, facilities, processes, and ergy technology’’ means any process or prod- culated (on a weekday basis) by, and pub- services labeled with the WaterSense label uct, or system of products and processes, lished on the Internet website of, the Energy perform as well or better than less water-ef- that— Information Administration. ficient counterparts; (1) can be applied at any stage of the en- (2) GASOLINE INDEX PRICE.—The term ‘‘gas- ‘‘(B) overseeing WaterSense certifications ergy cycle, from production to consumption, oline index price’’ means the average of re- made by third parties; the application of which will result in the re- tail regular gasoline prices in the United ‘‘(C) as determined appropriate by the Ad- duction of net greenhouse gas emissions; and States, as calculated (on a monthly basis) ministrator, using testing protocols, from (2) can result in the reduction of 1 or more by, and published on the Internet website of, the appropriate, applicable, and relevant of— the Energy Information Administration, dur- consensus standards, for the purpose of de- (A) demand for water resources; ing the 60-month period preceding the date of termining standards compliance; and (B) waste; the calculation. ‘‘(D) auditing the use of the WaterSense (C) emissions of air pollutants other than EINSTATEMENT OF OIL EXPORT BAN.— label in the marketplace and preventing (b) R greenhouse gas emissions; or (1) IN GENERAL.—Effective on the date on cases of misuse; and (D) concentrations of contaminants in which the event described in paragraph (2) ‘‘(4) not more often than 6 years after wastewater discharges. occurs, subsections (a), (b), (c), and (d) of sec- adoption or major revision of any (c) RESEARCH AND DEVELOPMENT PRO- tion 101 of division O of the Consolidated Ap- WaterSense specification, review and, if ap- GRAM.— propriations Act, 2016 (Public Law 114–113), propriate, revise the specification to achieve (1) IN GENERAL.—The Secretary shall carry additional water savings; are repealed, and the provisions of law out a program of research, development, ‘‘(5) in revising a WaterSense specifica- amended or repealed by those subsections demonstration, and commercial application tion— are restored or revived as if those sub- of clean energy technologies through re- ‘‘(A) provide reasonable notice to inter- sections had not been enacted. gional clean energy innovation partnerships ested parties and the public of any changes, (2) EVENT DESCRIBED.—The event referred established under subsection (e). to in paragraph (1) is the date on which the including effective dates, and an explanation (2) DELEGATION AUTHORIZED.—The Sec- of the changes; average national price of gasoline has been retary may delegate the responsibilities of ‘‘(B) solicit comments from interested par- 50 percent greater than the gasoline index the Secretary under this subsection, on the ties and the public prior to any changes; price for 30 consecutive days. condition that— ‘‘(C) as appropriate, respond to comments (c) PRESIDENTIAL AUTHORITY.—Notwith- (A) sufficient high-level management over- submitted by interested parties and the pub- standing subsection (b), the President may sight is maintained; and lic; and affirmatively allow the export of crude oil (B) the partnerships are implemented as a ‘‘(D) provide an appropriate transition from the United States to continue for a pe- cross-cutting initiative not subject to any time prior to the applicable effective date of riod of not more than 1 year after the date of single technology program. the reinstatement described in subsection any changes, taking into account the timing (d) CLEAN ENERGY INNOVATION REGIONS.— (b), if the President— necessary for the manufacture, marketing, (1) ESTABLISHMENT.—The Secretary shall training, and distribution of the specific (1) declares a national emergency and for- by rulemaking establish up to 10 clean en- water-efficient product, building, landscape, mally notices the declaration of a national ergy regions in the United States based on process, or service category being addressed; emergency in the Federal Register; or the analysis and application of the criteria and (2) finds and reports to Congress that a ban described in paragraph (2). on the export of crude oil pursuant to this ‘‘(6) not later than December 31, 2018, con- (2) CRITERIA.—The criteria referred to in sider for review and revision any WaterSense section has caused undue economic hardship. paragraph (1) include— specification adopted before January 1, 2012. (d) EFFECTIVE DATE.—This section takes (A)(i) geographic continuity; or ‘‘(c) TRANSPARENCY.—The Administrator effect on the date that is 5 years after the (ii) in the case of Alaska, Hawaii, and the shall, to the maximum extent practicable date of enactment of the Consolidated Ap- territories and possessions of the United and not less than annually, regularly esti- propriations Act, 2016 (Public Law 114–113). States, geographic similarities; and mate and make available to the public the (B) the presence of major energy innova- production and relative market shares and SA 3223. Mrs. FEINSTEIN submitted tion resources, including research univer- savings of water, energy, and capital costs of an amendment intended to be proposed sities, National Laboratories (as defined in water, wastewater, and stormwater attrib- to amendment SA 2953 proposed by Ms. section 2 of the Energy Policy Act of 2005 (42 utable to the use of WaterSense-labeled MURKOWSKI to the bill S. 2012, to pro- U.S.C. 15801)), and other research institu- products, buildings, landscapes, facilities, vide for the modernization of the en- tions. processes, and services. ergy policy of the United States, and (3) STATES.—The Secretary shall place a ‘‘(d) DISTINCTION OF AUTHORITIES.—In set- for other purposes; which was ordered State in only 1 region under this subsection. ting or maintaining specifications for En- (e) CLEAN ENERGY INNOVATION REGIONAL to lie on the table; as follows: ergy Star pursuant to section 324A, and PARTNERSHIPS.— WaterSense under this section, the Secretary At the appropriate place, insert the fol- (1) ESTABLISHMENT.—The Secretary may, and Administrator shall coordinate to pre- lowing: through an open, competitive process, select vent duplicative or conflicting requirements SEC. llll. GREENHOUSE GAS EMISSIONS RE- for designation as a clean energy innovation among the respective programs. PORT. regional partnership not more than 1 eligible ‘‘(e) NO WARRANTY.—A WaterSense label Not later than 180 days after the date of partnership, consisting of 2 or more eligible shall not create an express or implied war- enactment of this Act, the Administrator of entities, for each region established under ranty.’’. the Energy Information Administration subsection (d). (b) CONFORMING AMENDMENT.—The table of shall prepare and publish a report on the in- (2) ELIGIBILITY.—Entities eligible to be contents for the Energy Policy and Con- fluence of the provisions of this Act on part of a partnership include— servation Act (42 U.S.C. prec. 6201) is amend- greenhouse gas emissions. (A) institutions of higher education;

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(B) National Laboratories; (F) facilitating the use of National Labora- (1) IN GENERAL.—Each clean energy innova- (C) other research institutions; tory resources and other Federal research fa- tion regional partnership shall carry out a (D) units of State or local government; cilities; program pursuant to an annual plan pre- (E) tribal governments; (G) collaborating with other funding enti- pared by the partnership and approved by (F) regional organizations; ties to provide financial assistance for re- the Secretary. (G) economic development organizations; gional clean energy innovation projects con- (2) PLAN CONTENT.—The annual plan shall— and sistent with the annual plan developed under (A) describe the ongoing and prospective (H) non-governmental entities and corpora- subparagraph (A); activities of the partnership; and tions. (H) arranging for sharing of prototyping (B) meet the requirements established by (3) REQUIREMENT FOR PARTNERSHIPS.—To be and production facilities for clean energy the Secretary under paragraph (3). eligible to be selected as a clean energy inno- technologies; (3) REQUIREMENTS.—The Secretary shall es- vation regional partnership under paragraph (I) promoting training opportunities in tablish requirements for the content of each clean energy technologies; annual plan, which shall include— (1), a partnership shall be an organization de- (J) providing information sharing and con- (A) a proposed portfolio of clean energy scribed in section 501(c) of the Internal Rev- ducting technology transfer activities, in- programs and projects, including both indi- enue Code of 1986 and exempt from taxation cluding assistance to clean energy tech- vidual technologies and system approaches, under section 501(a) of that Code. nology start-up ventures; reflecting regional characteristics and prior- (4) APPLICATION PROCESS.—An eligible part- (K) coordinating with other regional clean ities, with priority given to clean energy nership desiring selection as a clean energy energy innovation partnerships on projects technologies that meet the most characteris- innovation regional partnership under para- relevant to more than 1 region; and tics described in subsection (e)(5); graph (1) shall submit to the Secretary an (L) performing such other duties and pro- (B) a description of the process, including a application at such time, in such manner, viding such reports as the Secretary may re- list of any solicitations, for making awards and containing such information as the Sec- quire. to carry out research development, dem- retary may require, including, at a min- (7) LIMITATIONS.—A clean energy innova- onstration, or commercial application ac- imum— tion regional partnership selected under this tivities, including— (A) a description of all entities comprising subsection shall not— (i) the topics of those activities; the proposed partnership; (A) perform in-house research, develop- (ii) a description of who would be eligible (B) identification of appropriate informa- ment, demonstration, or deployment activi- to apply; tion on the qualifications of the key manage- ties; or (iii) selection criteria to be used; and ment personnel of the proposed partnership; (B) use Federal funding for the construc- (iv) the duration of awards; (C) a full description of the governance tion or rehabilitation of buildings or facili- (C) a description of the status of ongoing structure and management processes of the ties. projects, including the progress in meeting partnership, including conflict of interest (8) CONFLICT OF INTEREST.— project milestones; policy; (A) PROCEDURES.—The Secretary shall es- (D) a description of the policies and proce- (D) a description of the policies and proce- tablish procedures— dures for managing the dissemination of new dures for managing new intellectual prop- (i) to ensure that each board member, offi- intellectual property developed under the erty created by the partnership; cer, or employee of the clean energy innova- annual plan; (E) a description of how the applicant tion regional partnership selected under this (E) a description of technology transfer would carry out the activities of the clean subsection who is in a decision making ca- and commercialization activities that may energy innovation regional partnership, as pacity to exercise any of the functions de- follow from successful projects; and described in this subsection; and scribed in paragraph (6) shall disclose to the (F) a description of all other activities (F) a recommendation for the clean energy Secretary any financial interests in, or fi- planned to carry out the functions described innovation regional partnership program of nancial relationships with, applicants for, or subsection (e)(6). the scope of work for initial year activities recipients of, awards under this section, in- (4) PLAN DEVELOPMENT.— and future program focus. cluding any financial interests in, or finan- (A) SOLICITATION RECOMMENDATIONS.—Be- (5) SELECTION CRITERIA.—The Secretary cial relationships with, applicants for, or re- fore drafting an annual plan under this sub- shall establish criteria for the selection of cipients of, awards under this section of the section, each clean energy innovation re- clean energy innovation regional partner- spouse or minor child of the board member, gional partnership shall establish a process ships, including— officer, or employee; and to solicit specific written recommendations (A) strength of the governance structure, (ii) to require any board member, officer, from stakeholders within the region. including representation of the regional en- or employee with a financial relationship or (B) CONSULTATION.—Each clean energy in- novation regional partnership shall consult ergy economy; interest disclosed under clause (i) to recuse regularly with the Secretary in the prepara- (B) expertise and experience of key re- himself or herself from any oversight func- tion of the annual plan. search management personnel; tions under paragraph (6) with respect to (5) PUBLICATION.—The Secretary shall pub- (C) demonstrated knowledge of regional that applicant or recipient. lish in the Federal Register, and provide op- energy markets and technologies; (B) FAILURE TO COMPLY.—The Secretary may disqualify an application or revoke an portunity for comment for, each annual plan (D) capability for regional energy analysis submitted under this subsection. and planning; award under this section if a board member, officer, or employee has failed to comply (6) PLAN APPROVAL.— (E) capability to conduct assessments of with procedures required under subparagraph (A) IN GENERAL.—The Secretary shall re- innovative clean energy technologies; (A). view and approve or disapprove, in whole or (F) commitments of co-funding from non- (f) FUNDING AGREEMENT.— in part, each annual plan submitted under Federal sources; (1) MULTIYEAR AGREEMENT.—The Secretary this subsection. (G) capability for attracting matching may enter into a funding agreement for up (B) AUTOMATIC APPROVAL.—If the Secretary funds from both non-Federal and non-govern- to 5 years, with options for renewal, with does not approve or disapprove an annual mental sources for follow-on investment in each clean energy innovation regional part- plan by the date that is 60 days after the widespread application of successful nership selected under this subsection. date of submission of the annual plan, the projects; and (2) FUNDING INSTRUMENT.—The Secretary annual shall be deemed approved. (H) capability and experience in managing may fund agreements under paragraph (1) (7) PLAN IMPLEMENTATION.— technology transfer programs. through grants, cooperative agreements, or (A) AWARDS.—On approval of the annual (6) FUNCTIONS.—A clean energy innovation other transactions under section 646 of the plan by the Secretary, each clean energy in- regional partnership selected under this sub- Department of Energy Organization Act (42 novation regional partnership shall make section shall be responsible for— U.S.C. 7256), as determined appropriate by awards to research performers to carry out (A) developing an annual clean energy re- the Secretary. research, development, demonstration, and gional innovation plan; (3) FUNDING LIMITATIONS.— commercial application activities under the (B) establishing open, transparent proc- (A) IN GENERAL.—Each funding agreement program under this section. esses for soliciting project applications con- entered into under paragraph (1) shall be (B) CONFLICT OF INTEREST.—An entity that sistent with the plan; subject to the funding levels and allocations is a member of the clean energy innovation (C) selecting projects for financial assist- established by the Secretary under sub- regional partnership may receive an award ance; section (j). under subparagraph (A) on the condition (D) awarding financial assistance, includ- (B) ADDITIONAL LIMITATION.—No funds shall that the conflict of interest procedures de- ing grants, cost-sharing, prizes, revolving be provided under an agreement entered into scribed in subsection (e)(8)(A) are followed. funds and loans, or other forms of credit en- under paragraph (1) for the cost of— (C) OVERSIGHT.—The clean energy innova- hancement; (i) facilities occupied by the clean energy tion regional partnership shall oversee the (E) incentivizing collaborative research, innovation regional partnership; or implementation of awards under this sub- development, demonstration, and deploy- (ii) any in-house research project activities section, consistent with the annual plan of ment programs within the designated region as described in subsection (e)(7)(A). the clean energy innovation regional part- of the partnership; (g) ANNUAL PLAN.— nership, including through—

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(i) disbursing funds; and At the appropriate place, insert the fol- (iii) AVAILABILITY.—Copies of the legal de- (ii) monitoring activities carried by the re- lowing: scription published under clause (i) shall be cipient of an award for compliance with the SEC. lll. VOLUNTARY VEGETATION MANAGE- available for public inspection in the appro- terms and conditions of the award. MENT OUTSIDE RIGHTS-OF-WAY. priate offices of— (h) ADMINISTRATIVE COSTS.— (a) AUTHORIZATION.—The Secretary of the (I) the Bureau of Land Management; and (1) AUTHORIZATION.—The Secretary may Interior or the Secretary of Agriculture may (II) the National Cemetery Administration. allow each clean energy innovation regional authorize an owner or operator of an electric (iv) COSTS.—The Secretary of Veterans Af- partnership to allocate a portion, not to ex- transmission or distribution facility to man- fairs shall reimburse the Secretary for the ceed 10 percent in any 1 fiscal year, of the age vegetation selectively within 150 feet of costs incurred by the Secretary in carrying funding received under subsection (f), to be the exterior boundary of the right-of-way out this subparagraph, including the costs of used to implement the annual plan of the near structures for selective thinning and any surveys and other reasonable costs. clean energy innovation regional partner- fuel reduction. (2) WITHDRAWAL.—Subject to valid existing ship. (b) REQUIREMENTS.—Management of vege- rights, for any period during which the Fed- (2) ADVANCE.—The Secretary may advance tation under this section shall— eral land is under the administrative juris- funds to a clean energy innovation regional (1) be limited to wildfire prevention, such diction of the Secretary of Veterans Affairs, partnership on or after the date of selection as hazardous fuel buildup near structures the Federal land— of the clean energy innovation regional part- and hazard trees; (A) is withdrawn from all forms of appro- nership under subsection (e)(1), which shall (2) be at the expense of the right-of-way priation under the public land laws, includ- be deducted from amounts to be provided in holder; and ing the mining laws, the mineral leasing the funding agreement entered into under (3) not include commercial timber har- laws, and the geothermal leasing laws; and subsection (f). vesting, logging, prescribed burning, or clear (B) shall be treated as property as defined (i) AUDIT.—The Secretary shall audit each cutting. under section 102(9) of title 40, United States clean energy innovation regional partnership (c) STATUS OF REMOVED VEGETATION.—Any Code. on a periodic basis, as appropriate, to deter- vegetation removed pursuant to this section (3) BOUNDARY MODIFICATION.—The boundary mine the extent to which funds provided to shall be the property of the United States of the Cemetery is modified to include the each clean energy innovation regional part- and not available for sale by the owner or op- Federal land. nership, and funds provided under awards erator. (4) MODIFICATION OF PUBLIC LAND ORDER.— made under subsection (g)(7)(A) have been (d) LIMITATION ON LIABILITY.—An owner or Public Land Order 2112, dated June 6, 1960 (25 expended in a manner consistent with the operator of an electric transmission or dis- Fed. Reg. 5243), is modified to exclude the purposes and requirements of this section. tribution facility shall not be held liable for (j) FUNDING.— Federal land. wildfire, damage, loss, or injury, including (c) SUBSEQUENT TRANSFER OF ADMINISTRA- (1) FUND ESTABLISHMENT.—There is estab- the cost of fire suppression, resulting from TIVE JURISDICTION.— lished in the Treasury of the United States a activities carried out pursuant to subsection (1) NOTICE.—On a determination by the trust fund to be known as the ‘‘Clean Energy (a), except in the case of harm resulting from Secretary of Veterans Affairs that all or a Innovation Regional Partnership Fund’’ (re- the gross negligence or criminal misconduct ferred to in this subsection as the ‘‘Fund’’). portion of the Federal land is not being used of the owner or operator. for purposes of the Cemetery, the Secretary (2) AUTHORIZATION.—The Secretary of the of Veterans Affairs shall notify the Sec- Treasury may transfer to the Fund, from the SA 3226. Mr. THUNE submitted an General Fund of the Treasury— retary of the determination. amendment intended to be proposed to (2) TRANSFER OF ADMINISTRATIVE JURISDIC- (A) for fiscal 2017, $110,000,000; amendment SA 2953 proposed by Ms. (B) for fiscal 2018, $500,000,000; TION.—Subject to paragraphs (3) and (4), the (C) for fiscal 2019, $800,000,000; MURKOWSKI to the bill S. 2012, to pro- Secretary of Veterans Affairs shall transfer (D) for fiscal 2020, $1,350,000,000; and vide for the modernization of the en- to the Secretary administrative jurisdiction (E) for fiscal 2021, $1,750,000,000. ergy policy of the United States, and over the Federal land subject to a notice (3) AVAILABILITY.— for other purposes; which was ordered under paragraph (1). (A) PERIOD.—Amounts transferred to the to lie on the table; as follows: (3) DECONTAMINATON.—The Secretary of Fund under paragraph (2) shall remain avail- Veterans Affairs shall be responsible for the At the end of subtitle E of title IV, add the costs of any decontamination of the Federal able until expended. following: (B) OBLIGATION AUTHORITY.—Amounts in land subject to a notice under paragraph (1) SEC. 44ll. BLACK HILLS NATIONAL CEMETERY that the Secretary determines to be nec- the Fund shall be available to the Secretary BOUNDARY MODIFICATION. for obligation under this section only in essary for the Federal land to be restored to (a) DEFINITIONS.—In this section: public land status. amounts provided in annual appropriations (1) CEMETERY.—The term ‘‘Cemetery’’ Acts. (4) RESTORATION TO PUBLIC LAND STATUS.— means the Black Hills National Cemetery in The Federal land subject to a notice under (4) ALLOCATION.—The Secretary shall allo- Sturgis, South Dakota. cate the funding available for obligation paragraph (1) shall only be restored to public (2) FEDERAL LAND.—The term ‘‘Federal land status on— under paragraph (3) for each fiscal year land’’ means the approximately 200 acres of among approved annual plans for clean en- (A) acceptance by the Secretary of the Bureau of Land Management land adjacent Federal land subject to the notice; and ergy innovation regional partnerships based to the Cemetery, generally depicted as ‘‘Pro- on a formula that takes into account certain (B) a determination by the Secretary that posed National Cemetery Expansion’’ on the criteria that include— the Federal land subject to the notice is suit- map entitled ‘‘Proposed Expansion of Black (A) regional energy consumption expendi- able for— Hills National Cemetery-South Dakota’’ and tures; (i) restoration to public land status; and dated September 28, 2015. (B) regional energy production levels; (ii) the operation of 1 or more of the public (3) SECRETARY.—The term ‘‘Secretary’’ (C) regional Population; and land laws with respect to the Federal land. means the Secretary of the Interior. (D) such other region-specific factors that (5) ORDER.—If the Secretary accepts the (b) TRANSFER AND WITHDRAWAL OF BUREAU the Secretary may specify. Federal land under paragraph (4)(A) and OF LAND MANAGEMENT LAND FOR CEMETERY (5) STUDY; REPORT.— makes a determination of suitability under USE.— (A) STUDY.—The Secretary shall conduct a paragraph (4)(B), the Secretary may— (1) TRANSFER OF ADMINISTRATIVE JURISDIC- study of the feasibility of establishing 1 or (A) open the accepted Federal land to oper- TION.— more funding sources that can provide a ation of 1 or more of the public land laws; (A) IN GENERAL.—Subject to valid existing dedicated, stable source of financing for and rights, administrative jurisdiction over the clean energy innovation regional partner- (B) issue an order to carry out the opening Federal land is transferred from the Sec- ship. authorized under subparagraph (A). retary to the Secretary of Veterans Affairs (B) REPORT.—Not later than 180 days after for use as a national cemetery in accordance the date of enactment of this Act, the Sec- SA 3227. Mr. TILLIS submitted an with chapter 24 of title 38, United States retary shall submit to Congress a report that amendment intended to be proposed to Code. contains findings and recommendations amendment SA 2953 proposed by Ms. (B) LEGAL DESCRIPTIONS.— based on the study conducted under subpara- (i) IN GENERAL.—As soon as practicable MURKOWSKI to the bill S. 2012, to pro- graph (A). after the date of enactment of this Act, the vide for the modernization of the en- SA 3225. Mr. GARDNER submitted an Secretary shall publish in the Federal Reg- ergy policy of the United States, and amendment intended to be proposed to ister a notice containing a legal description for other purposes; which was ordered amendment SA 2953 proposed by Ms. of the Federal land. to lie on the table; as follows: (ii) EFFECT.—A legal description published At the end of subtitle E of title IV, add the MURKOWSKI to the bill S. 2012, to pro- under clause (i) shall have the same force vide for the modernization of the en- following: and effect as if included in this section, ex- SEC. 44ll. WILD HORSES IN AND AROUND THE ergy policy of the United States, and cept that the Secretary may correct any CURRITUCK NATIONAL WILDLIFE for other purposes; which was ordered clerical and typographical errors in the legal REFUGE. to lie on the table; as follows: description. (a) AGREEMENT REQUIRED.—

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.035 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S514 CONGRESSIONAL RECORD — SENATE February 2, 2016 (1) IN GENERAL.—Not later than 180 days amendment SA 2953 proposed by Ms. 19 of Township 7 South, Range 93 West, Sixth after the date of enactment of this Act, the MURKOWSKI to the bill S. 2012, to pro- Principal Meridian, Colorado, as such bound- Secretary of the Interior (referred to in this vide for the modernization of the en- aries are in effect on the date of the enact- section as the ‘‘Secretary’’) shall enter into ergy policy of the United States, and ment of this Act. an agreement with the Corolla Wild Horse (d) TIME FOR CONVEYANCE; PAYMENT OF Fund (a nonprofit corporation established for other purposes; which was ordered to lie on the table; as follows: COSTS.—The conveyance directed under sub- under the laws of the State of North Caro- section (a) shall be completed not later than lina), the County of Currituck, North Caro- At end, add the following: 180 days after the date of the enactment of lina, and the State of North Carolina to pro- TITLE VI—NATURAL RESOURCES this Act. The conveyance shall be without vide for management of free-roaming wild Subtitle A—Land Conveyances and Related consideration, except that all costs incurred horses in and around the Currituck National Matters by the Secretary of the Interior relating to Wildlife Refuge. any survey, platting, legal description, or SEC. 6001. ARAPAHO NATIONAL FOREST BOUND- (2) TERMS.—The agreement shall— ARY ADJUSTMENT. other activities carried out to prepare and (A) allow a herd of not fewer than 110 and (a) IN GENERAL.—The boundary of the issue the patent shall be paid by GLP to the not more than 130 free-roaming wild horses Arapaho National Forest in the State of Col- Secretary prior to the land conveyance. in and around the refuge, with a target popu- orado is adjusted to incorporate the approxi- lation of between 120 and 130 free-roaming SEC. 6003. LAND EXCHANGE IN CRAGS, COLO- mately 92.95 acres of land generally depicted RADO. wild horses; as ‘‘The Wedge’’ on the map entitled ‘‘Arap- (B) provide for cost-effective management (a) PURPOSES.—The purposes of this section aho National Forest Boundary Adjustment’’ of the horses while ensuring that natural re- are— and dated November 6, 2013, and described as sources within the refuge are not adversely (1) to authorize, direct, expedite, and fa- lots three, four, eight, and nine of section 13, impacted; cilitate the land exchange set forth herein; Township 4 North, Range 76 West, Sixth (C) provide for introduction of a small and Principal Meridian, Colorado. A lot described number of free-roaming wild horses from the (2) to promote enhanced public outdoor in this subsection may be included in the herd at Cape Lookout National Seashore as recreational and natural resource conserva- boundary adjustment only after the Sec- is necessary to maintain the genetic viabil- tion opportunities in the Pike National For- retary of Agriculture obtains written per- ity of the herd in and around the Currituck est near Pikes Peak, Colorado, via acquisi- mission for such action from the lot owner National Wildlife Refuge; and tion of the non-Federal land and trail ease- or owners. (D) specify that the Corolla Wild Horse ment. (b) BOWEN GULCH PROTECTION AREA.—The Fund shall pay the costs associated with— (b) DEFINITIONS.—In this section: Secretary of Agriculture shall include all (i) coordinating a periodic census and in- (1) BHI.—The term ‘‘BHI’’ means Federal land within the boundary described specting the health of the horses; Broadmoor Hotel, Inc., a Colorado corpora- in subsection (a) in the Bowen Gulch Protec- (ii) maintaining records of the horses liv- tion. tion Area established under section 6 of the ing in the wild and in confinement; (2) FEDERAL LAND.—The term ‘‘Federal Colorado Wilderness Act of 1993 (16 U.S.C. (iii) coordinating the removal and place- land’’ means all right, title, and interest of 539j). ment of horses and monitoring of any horses the United States in and to approximately 83 (c) LAND AND WATER CONSERVATION FUND.— removed from the Currituck County Outer acres of land within the Pike National For- For purposes of section 200306(a)(2)(B)(i) of Banks; and est, El Paso County, Colorado, together with title 54, United States Code, the boundaries (iv) administering a viable population con- a non-exclusive perpetual access easement to of the Arapaho National Forest, as modified trol plan for the horses, including auctions, BHI to and from such land on Forest Service under subsection (a), shall be considered to adoptions, contraceptive fertility methods, Road 371, as generally depicted on the map be the boundaries of the Arapaho National and other viable options. entitled ‘‘Proposed Crags Land Exchange– Forest as in existence on January 1, 1965. (b) CONDITIONS FOR EXCLUDING WILD Federal Parcel–Emerald Valley Ranch’’, (d) PUBLIC MOTORIZED USE.—Nothing in HORSES FROM REFUGE.—The Secretary shall this section opens privately owned lands dated March 2015. not exclude free-roaming wild horses from within the boundary described in subsection (3) NON-FEDERAL LAND.—The term ‘‘non- any portion of the Currituck National Wild- (a) to public motorized use. Federal land’’ means the land and trail ease- life Refuge unless— ment to be conveyed to the Secretary by BHI (e) ACCESS TO NON-FEDERAL LANDS.—Not- (1) the Secretary finds that the presence of withstanding the provisions of section 6(f) of in the exchange and is— free-roaming wild horses on a portion of that the Colorado Wilderness Act of 1993 (16 (A) approximately 320 acres of land within refuge threatens the survival of an endan- U.S.C. 539j(f)) regarding motorized travel, the Pike National Forest, Teller County, gered species for which that land is des- the owners of any non-Federal lands within Colorado, as generally depicted on the map ignated as critical habitat under the Endan- the boundary described in subsection (a) who entitled ‘‘Proposed Crags Land Exchange– gered Species Act of 1973 (16 U.S.C. 1531 et historically have accessed their lands Non-Federal Parcel–Crags Property’’, dated seq.); through lands now or hereafter owned by the March 2015; and (2) the finding is based on a credible peer- United States within the boundary described (B) a permanent trail easement for the reviewed scientific assessment; and in subsection (a) shall have the continued Barr Trail in El Paso County, Colorado, as (3) the Secretary provides a period of pub- right of motorized access to their lands generally depicted on the map entitled ‘‘Pro- lic notice and comment on that finding. across the existing roadway. posed Crags Land Exchange–Barr Trail Ease- (c) REQUIREMENTS FOR INTRODUCTION OF ment to United States’’, dated March 2015, SEC. 6002. LAND CONVEYANCE, ELKHORN RANCH HORSES FROM CAPE LOOKOUT NATIONAL SEA- AND WHITE RIVER NATIONAL FOR- and which shall be considered as a voluntary SHORE.—During the effective period of the EST, COLORADO. donation to the United States by BHI for all memorandum of understanding between the (a) LAND CONVEYANCE REQUIRED.—Con- purposes of law. National Park Service and the Foundation sistent with the purpose of the Act of March (4) SECRETARY.—The term ‘‘Secretary’’ for Shackleford Horses, Inc. (a non-profit 3, 1909 (43 U.S.C. 772), all right, title, and in- means the Secretary of Agriculture, unless corporation organized under the laws of and terest of the United States (subject to sub- otherwise specified. doing business in the State of North Caro- section (b)) in and to a parcel of land con- (c) LAND EXCHANGE.— lina) signed in 2007, no horse may be removed sisting of approximately 148 acres as gen- (1) IN GENERAL.—If BHI offers to convey to from Cape Lookout National Seashore for in- erally depicted on the map entitled ‘‘Elk- the Secretary all right, title, and interest of troduction at Currituck National Wildlife horn Ranch Land Parcel–White River Na- BHI in and to the non-Federal land, the Sec- Refuge except— tional Forest’’ and dated March 2015 shall be retary shall accept the offer and simulta- (1) with the approval of the Foundation; conveyed by patent to the Gordman-Leverich neously convey to BHI the Federal land. and Partnership, a Colorado Limited Liability (2) LAND TITLE.—Title to the non-Federal (2) consistent with the terms of the memo- Partnership (in this section referred to as land conveyed and donated to the Secretary randum (or any successor agreement) and ‘‘GLP’’). under this section shall be acceptable to the the Management Plan for the Shackleford (b) EXISTING RIGHTS.—The conveyance Secretary and shall conform to the title ap- Banks Horse Herd signed in January 2006 (or under subsection (a)— proval standards of the Attorney General of any successor management plan). (1) is subject to the valid existing rights of the United States applicable to land acquisi- (d) NO LIABILITY CREATED.—Nothing in this the lessee of Federal oil and gas lease COC– tions by the Federal Government. section creates liability for the United 75070 and any other valid existing rights; and (3) PERPETUAL ACCESS EASEMENT TO BHI.— States for any damage caused by the free- (2) shall reserve to the United States the The nonexclusive perpetual access easement roaming wild horses to any person or prop- right to collect rent and royalty payments to be granted to BHI as shown on the map re- erty located inside or outside the boundaries on the lease referred to in paragraph (1) for ferred to in subsection (b)(2) shall allow— of the Currituck National Wildlife Refuge. the duration of the lease. (A) BHI to fully maintain, at BHI’s ex- (c) EXISTING BOUNDARIES.—The conveyance pense, and use Forest Service Road 371 from SA 3228. Ms. MURKOWSKI (for her- under subsection (a) does not modify the ex- its junction with Forest Service Road 368 in self and Ms. CANTWELL) submitted an terior boundary of the White River National accordance with historic use and mainte- amendment intended to be proposed to Forest or the boundaries of Sections 18 and nance patterns by BHI; and

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(B) full and continued public and adminis- (B) WITHDRAWAL REVOCATION.—Any public a reference to the date of enactment of this trative access and use of FSR 371 in accord- land order that withdraws the Federal land Act; and ance with the existing Forest Service travel from appropriation or disposal under a public (B) any reference in the Wilderness Act to management plan, or as such plan may be re- land law shall be revoked to the extent nec- the Secretary of Agriculture shall be consid- vised by the Secretary. essary to permit disposal of the Federal land ered to be a reference to the Secretary. (4) ROUTE AND CONDITION OF ROAD.—BHI and parcel to BHI. (3) INCORPORATION OF ACQUIRED LAND AND the Secretary may mutually agree to im- (C) WITHDRAWAL OF FEDERAL LAND.—All INTERESTS IN LAND.—Any land or interest in prove, relocate, reconstruct, or otherwise Federal land authorized to be exchanged land within the boundary of the wilderness alter the route and condition of all or por- under this section, if not already withdrawn areas that is acquired by the United States tions of such road as the Secretary, in close or segregated from appropriation or disposal shall— consultation with BHI, may determine advis- under the public lands laws upon enactment (A) become part of the wilderness area in able. of this Act, is hereby so withdrawn, subject which the land is located; and (5) EXCHANGE COSTS.—BHI shall pay for all to valid existing rights, until the date of (B) be managed in accordance with— land survey, appraisal, and other costs to the conveyance of the Federal land to BHI. (i) the Wilderness Act (16 U.S.C. 1131 et Secretary as may be necessary to process (2) POSTEXCHANGE LAND MANAGEMENT.— seq.); and consummate the exchange directed by Land acquired by the Secretary under this (ii) this section; and this section, including reimbursement to the section shall become part of the Pike-San (iii) any other applicable laws. Secretary, if the Secretary so requests, for Isabel National Forest and be managed in ac- (4) GRAZING.—Grazing of livestock in the staff time spent in such processing and con- cordance with the laws, rules, and regula- wilderness areas, where established before summation. tions applicable to the National Forest Sys- the date of enactment of this Act, shall be (d) EQUAL VALUE EXCHANGE AND APPRAIS- tem. administered in accordance with— ALS.— (3) EXCHANGE TIMETABLE.—It is the intent (A) section 4(d)(4) of the Wilderness Act (16 (1) APPRAISALS.—The values of the lands to of Congress that the land exchange directed U.S.C. 1133(d)(4)); and be exchanged under this section shall be de- by this section be consummated no later (B) the guidelines set forth in appendix A termined by the Secretary through apprais- than 1 year after the date of the enactment of the Report of the Committee on Interior als performed in accordance with— of this Act. and Insular Affairs to accompany H.R. 2570 of (A) the Uniform Appraisal Standards for (4) MAPS, ESTIMATES, AND DESCRIPTIONS.— the 101st Congress (H. Rept. 101–405). Federal Land Acquisitions; (A) MINOR ERRORS.—The Secretary and BHI (5) BUFFER ZONES.— (B) the Uniform Standards of Professional may by mutual agreement make minor (A) IN GENERAL.—Nothing in this section Appraisal Practice; boundary adjustments to the Federal and creates a protective perimeter or buffer zone (C) appraisal instructions issued by the non-Federal lands involved in the exchange, around the wilderness areas. Secretary; and and may correct any minor errors in any (B) ACTIVITIES OUTSIDE WILDERNESS (D) shall be performed by an appraiser mu- map, acreage estimate, or description of any AREAS.—The fact that an activity or use on tually agreed to by the Secretary and BHI. land to be exchanged. land outside a wilderness area can be seen or (2) EQUAL VALUE EXCHANGE.—The values of (B) CONFLICT.—If there is a conflict be- heard within the wilderness area shall not the Federal and non-Federal land parcels ex- tween a map, an acreage estimate, or a de- preclude the activity or use outside the changed shall be equal, or if they are not scription of land under this section, the map boundary of the wilderness area. equal, shall be equalized as follows: shall control unless the Secretary and BHI (6) RELEASE OF WILDERNESS STUDY AREAS.— (A) SURPLUS OF FEDERAL LAND VALUE.—If mutually agree otherwise. Congress finds that, for purposes of section the final appraised value of the Federal land (C) AVAILABILITY.—Upon enactment of this 603(c) of the Federal Land Policy and Man- exceeds the final appraised value of the non- Act, the Secretary shall file and make avail- agement Act of 1976 (43 U.S.C. 1782(c)), the Federal land parcel identified in subsection able for public inspection in the head- public land within the San Antonio Wilder- (b)(3)(A), BHI shall make a cash equalization quarters of the Pike-San Isabel National ness Study Area not designated as wilderness payment to the United States as necessary Forest a copy of all maps referred to in this by this subsection— to achieve equal value, including, if nec- section. (A) has been adequately studied for wilder- essary, an amount in excess of that author- SEC. 6004. CERRO DEL YUTA AND RI´O SAN ANTO- ness designation; ized pursuant to section 206(b) of the Federal NIO WILDERNESS AREAS. (B) is no longer subject to section 603(c) of Land Policy and Management Act of l976 (43 (a) DEFINITIONS.—In this section: the Federal Land Policy and Management U.S.C. 1716(b)). (1) MAP.—The term ‘‘map’’ means the map Act of 1976 (43 U.S.C. 1782(c)); and (B) USE OF FUNDS.—Any cash equalization entitled ‘‘Rı´o Grande del Norte National (C) shall be managed in accordance with moneys received by the Secretary under sub- Monument Proposed Wilderness Areas’’ and this section. paragraph (A) shall be— dated July 28, 2015. (7) MAPS AND LEGAL DESCRIPTIONS.— (i) deposited in the fund established under (2) SECRETARY.—The term ‘‘Secretary’’ (A) IN GENERAL.—As soon as practicable Public Law 90–171 (commonly known as the means the Secretary of the Interior. after the date of enactment of this Act, the ‘‘Sisk Act’’; 16 U.S.C. 484a); and (3) WILDERNESS AREA.—The term ‘‘wilder- Secretary shall file the map and legal de- (ii) made available to the Secretary for the ness area’’ means a wilderness area des- scriptions of the wilderness areas with— acquisition of land or interests in land in Re- ignated by subsection (b)(1). (i) the Committee on Energy and Natural gion 2 of the Forest Service. (b) DESIGNATION OF CERRO DEL YUTA AND Resources of the Senate; and (C) SURPLUS OF NON-FEDERAL LAND RI´O SAN ANTONIO WILDERNESS AREAS.— (ii) the Committee on Natural Resources of VALUE.—If the final appraised value of the (1) IN GENERAL.—In accordance with the the House of Representatives. non-Federal land parcel identified in sub- Wilderness Act (16 U.S.C. 1131 et seq.), the (B) FORCE OF LAW.—The map and legal de- section (b)(3)(A) exceeds the final appraised following areas in the Rı´o Grande del Norte scriptions filed under subparagraph (A) shall value of the Federal land, the United States National Monument are designated as wil- have the same force and effect as if included shall not make a cash equalization payment derness and as components of the National in this section, except that the Secretary to BHI, and surplus value of the non-Federal Wilderness Preservation System: may correct errors in the legal description land shall be considered a donation by BHI (A) CERRO DEL YUTA WILDERNESS.—Certain and map. to the United States for all purposes of law. land administered by the Bureau of Land (C) PUBLIC AVAILABILITY.—The map and (3) APPRAISAL EXCLUSIONS.— Management in Taos County, New Mexico, legal descriptions filed under subparagraph (A) SPECIAL USE PERMIT.—The appraised comprising approximately 13,420 acres as (A) shall be on file and available for public value of the Federal land parcel shall not re- generally depicted on the map, which shall inspection in the appropriate offices of the flect any increase or diminution in value due be known as the ‘‘Cerro del Yuta Wilder- Bureau of Land Management. to the special use permit existing on the date ness’’. (8) NATIONAL LANDSCAPE CONSERVATION SYS- of the enactment of this Act to BHI on the (B) RI´O SAN ANTONIO WILDERNESS.—Certain TEM.—The wilderness areas shall be adminis- parcel and improvements thereunder. land administered by the Bureau of Land tered as components of the National Land- (B) BARR TRAIL EASEMENT.—The Barr Trail Management in Rı´o Arriba County, New scape Conservation System. easement donation identified in subsection Mexico, comprising approximately 8,120 (9) FISH AND WILDLIFE.—Nothing in this (b)(3)(B) shall not be appraised for purposes acres, as generally depicted on the map, section affects the jurisdiction of the State of this section. which shall be known as the ‘‘Rı´o San Anto- of New Mexico with respect to fish and wild- (e) MISCELLANEOUS PROVISIONS.— nio Wilderness’’. life located on public land in the State. (1) WITHDRAWAL PROVISIONS.— (2) MANAGEMENT OF WILDERNESS AREAS.— (10) WITHDRAWALS.—Subject to valid exist- (A) WITHDRAWAL.—Lands acquired by the Subject to valid existing rights, the wilder- ing rights, any Federal land within the wil- Secretary under this section shall, without ness areas shall be administered in accord- derness areas designated by paragraph (1), further action by the Secretary, be perma- ance with the Wilderness Act (16 U.S.C. 1131 including any land or interest in land that is nently withdrawn from all forms of appro- et seq.) and this section, except that with re- acquired by the United States after the date priation and disposal under the public land spect to the wilderness areas designated by of enactment of this Act, is withdrawn laws (including the mining and mineral leas- this subsection— from— ing laws) and the Geothermal Steam Act of (A) any reference to the effective date of (A) entry, appropriation, or disposal under 1930 (30 U.S.C. 1001 et seq.). the Wilderness Act shall be considered to be the public land laws;

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S516 CONGRESSIONAL RECORD — SENATE February 2, 2016 (B) location, entry, and patent under the 30, 2015, mediation between the Secretary organization or individual carrying out a pri- mining laws; and and Mt. Hood Meadows; and vately requested good Samaritan search-and- (C) operation of the mineral leasing, min- ‘‘(II) in order to take effect, the conserva- recovery mission under this section; and eral materials, and geothermal leasing laws. tion easement shall be finalized not later (D) chapter 81 of title 5, United States Code (11) TREATY RIGHTS.—Nothing in this sec- than 120 days after the date of enactment of (commonly known as the ‘‘Federal Employ- tion enlarges, diminishes, or otherwise modi- the Energy Policy Modernization Act of 2016; ees Compensation Act’’), shall not apply to fies any treaty rights. and an eligible organization or individual con- SEC. 6005. CLARIFICATION RELATING TO A CER- ‘‘(ii) the Secretary shall reserve a 24-foot- ducting a good Samaritan search-and-recov- TAIN LAND DESCRIPTION UNDER wide nonexclusive trail easement at the ex- ery mission under this section, and the con- THE NORTHERN ARIZONA LAND EX- isting trail locations on the Federal land duct of the good Samaritan search-and-re- CHANGE AND VERDE RIVER BASIN that retains for the United States existing covery mission shall not constitute civilian PARTNERSHIP ACT OF 2005. rights to construct, reconstruct, maintain, employment. Section 104(a)(5) of the Northern Arizona and permit nonmotorized use by the public (c) RELEASE OF FEDERAL GOVERNMENT Land Exchange and Verde River Basin Part- of existing trails subject to the right of the FROM LIABILITY.—The Secretary shall not re- nership Act of 2005 (Public Law 109–110; 119 owner of the Federal land— quire an eligible organization or individual Stat. 2356) is amended by inserting before the ‘‘(I) to cross the trails with roads, utilities, to have liability insurance as a condition of period at the end ‘‘, which, notwithstanding and infrastructure facilities; and 1 1 accessing Federal land under this section, if section 102(a)(4)(B), includes the N ⁄2, NE ⁄4, ‘‘(II) to improve or relocate the trails to 1 1 1 1 1 1 the eligible organization or individual— SW ⁄4, SW ⁄4, the N ⁄2, N ⁄2, SE ⁄4, SW ⁄4, and accommodate development of the Federal 1 1 1 1 (1) acknowledges and consents, in writing, the N ⁄2, N ⁄2, SW ⁄4, SE ⁄4, sec. 34, T. 22 N., R. land. 2 E., Gila and Salt River Meridian, Coconino to the provisions described in subparagraphs ‘‘(H) EQUALIZATION OF VALUES.— County, comprising approximately 25 acres’’. (A) through (D) of subsection (b)(2); and ‘‘(i) IN GENERAL.—Notwithstanding sub- (2) signs a waiver releasing the Federal SEC. 6006. COOPER SPUR LAND EXCHANGE CLAR- paragraph (A), in addition to or in lieu of IFICATION AMENDMENTS. Government from all liability relating to the monetary compensation, a lesser area of access granted under this section and agrees Section 1206(a) of the Omnibus Public Land Federal land or non-Federal land may be Management Act of 2009 (Public Law 111–11; to indemnify and hold harmless the United conveyed if necessary to equalize appraised States from any claims or lawsuits arising 123 Stat. 1018) is amended— values of the exchange properties, without (1) in paragraph (1)— from any conduct by the eligible organiza- limitation, consistent with the requirements tion or individual on Federal land. (A) in subparagraph (C), by striking ‘‘120 of this Act and subject to the approval of the (d) APPROVAL AND DENIAL OF REQUESTS.— acres’’ and inserting ‘‘107 acres’’; and Secretary and Mt. Hood Meadows. (B) in subparagraph (E)(ii), by inserting (1) IN GENERAL.—The Secretary shall notify ‘‘(ii) TREATMENT OF CERTAIN COMPENSATION an eligible organization or individual of the ‘‘improvements,’’ after ‘‘buildings,’’; and OR CONVEYANCES AS DONATION.—If, after pay- approval or denial of a request by the eligi- (2) in paragraph (2)— ment of compensation or adjustment of land ble organization or individual to carry out a (A) in subparagraph (D)— area subject to exchange under this Act, the good Samaritan search-and-recovery mission (i) in clause (i), by striking ‘‘As soon as amount by which the appraised value of the under this section by not later than 48 hours practicable after the date of enactment of land and other property conveyed by Mt. after the request is made. this Act, the Secretary and Mt. Hood Mead- Hood Meadows under subparagraph (A) ex- (2) DENIALS.—If the Secretary denies a re- ows shall select’’ and inserting ‘‘Not later ceeds the appraised value of the land con- quest from an eligible organization or indi- than 120 days after the date of the enactment veyed by the Secretary under subparagraph vidual to carry out a good Samaritan search- of the Energy Policy Modernization Act of (A) shall be considered a donation by Mt. and-recovery mission under this section, the 2016, the Secretary and Mt. Hood Meadows Hood Meadows to the United States.’’. Secretary shall notify the eligible organiza- shall jointly select’’; SEC. 6007. EXPEDITED ACCESS TO CERTAIN FED- (ii) in clause (ii), in the matter preceding ERAL LAND. tion or individual of— subclause (I), by striking ‘‘An appraisal (a) DEFINITIONS.—In this section: (A) the reason for the denial of the request; under clause (i) shall’’ and inserting ‘‘Except (1) ELIGIBLE.—The term ‘‘eligible’’, with re- and as provided under clause (iii), an appraisal spect to an organization or individual, means (B) any actions that the eligible organiza- under clause (i) shall assign a separate value that the organization or individual, respec- tion or individual can take to meet the re- to each tax lot to allow for the equalization tively, is— quirements for the request to be approved. of values and’’; and (A) acting in a not-for-profit capacity; and (e) PARTNERSHIPS.—Each Secretary shall (iii) by adding at the end the following: (B) composed entirely of members who, at develop search-and-recovery-focused partner- ‘‘(iii) FINAL APPRAISED VALUE.— the time of the good Samaritan search-and- ships with search-and-recovery organiza- ‘‘(I) IN GENERAL.—Subject to subclause (II), recovery mission, have attained the age of tions— after the final appraised value of the Federal majority under the law of the State where (1) to coordinate good Samaritan search- land and the non-Federal land are deter- the mission takes place. and-recovery missions on Federal land under mined and approved by the Secretary, the (2) GOOD SAMARITAN SEARCH-AND-RECOVERY the administrative jurisdiction of the Sec- Secretary shall not be required to reappraise MISSION.—The term ‘‘good Samaritan search- retary; and or update the final appraised value for a pe- and-recovery mission’’ means a search con- (2) to expedite and accelerate good Samari- riod of up to 3 years, beginning on the date ducted by an eligible organization or indi- tan search-and-recovery mission efforts for of the approval by the Secretary of the final vidual for 1 or more missing individuals be- missing individuals on Federal land under appraised value. lieved to be deceased at the time that the the administrative jurisdiction of the Sec- ‘‘(II) EXCEPTION.—Subclause (I) shall not search is initiated. retary. apply if the condition of either the Federal (3) SECRETARY.—The term ‘‘Secretary’’ (f) REPORT.—Not later than 180 days after land or the non-Federal land referred to in means the Secretary of the Interior or the the date of enactment of this Act, the Secre- subclause (I) is significantly and substan- Secretary of Agriculture, as applicable. taries shall submit to Congress a joint report tially altered by fire, windstorm, or other (b) PROCESS.— describing— events. (1) IN GENERAL.—Each Secretary shall de- (1) plans to develop partnerships described ‘‘(iv) PUBLIC REVIEW.—Before completing velop and implement a process to expedite in subsection (e)(1); and the land exchange under this Act, the Sec- access to Federal land under the administra- (2) efforts carried out to expedite and ac- retary shall make available for public review tive jurisdiction of the Secretary for eligible celerate good Samaritan search-and-recov- the complete appraisals of the land to be ex- organizations and individuals to request ac- ery mission efforts for missing individuals on changed.’’; cess to Federal land to conduct good Samari- Federal land under the administrative juris- (B) in subparagraph (F), by striking ‘‘16 tan search-and-recovery missions. diction of each Secretary pursuant to sub- months after the date of enactment of this (2) INCLUSIONS.—The process developed and section (e)(2). Act’’ and inserting ‘‘1 year after the date of implemented under this subsection shall in- SEC. 6008. BLACK HILLS NATIONAL CEMETERY the enactment of the Energy Policy Mod- clude provisions to clarify that— BOUNDARY EXPANSION. ernization Act of 2016’’; and (A) an eligible organization or individual (a) DEFINITIONS.—In this section: (C) by striking subparagraph (G) and in- granted access under this section— (1) BLM LAND.—The term ‘‘BLM land’’ serting the following: (i) shall be acting for private purposes; and means the approximately 191.24 acres of Bu- ‘‘(G) REQUIRED CONVEYANCE CONDITIONS.— (ii) shall not be considered to be a Federal reau of Land Management land within Meade Prior to the exchange of the Federal and volunteer; County, South Dakota, which is more par- non-Federal land— (B) an eligible organization or individual ticularly described as follows: ‘‘(i) the Secretary and Mt. Hood Meadows conducting a good Samaritan search-and-re- (A) In sec. 23, T. 5 N, R. 5 E., Black Hills may mutually agree for the Secretary to re- covery mission under this section shall not Meridian— serve a conservation easement to protect the be considered to be a volunteer under section (i) the land in the SW1⁄4SW1⁄4 located south identified wetland in accordance with appli- 102301(c) of title 54, United States Code; of the tread of the Centennial Trail; cable law, subject to the requirements that— (C) chapter 171 of title 28, United States (ii) the land in the SE1⁄4SW1⁄4 located south ‘‘(I) the conservation easement shall be Code (commonly known as the ‘‘Federal Tort of the tread of the Centennial Trail and consistent with the terms of the September Claims Act’’), shall not apply to an eligible southwest of the southwesterly railroad

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right-of-way boundary described and author- (b) MANAGEMENT.— Lower Farmington River shall not be admin- ized under MTM–14260; and (1) IN GENERAL.—The river segments des- istered as part of the National Park System (iii) the land in the SW1⁄4SE1⁄4 located ignated by subsection (a) shall be managed or be subject to regulations which govern the southwest of the southwesterly railroad in accordance with the management plan National Park System. right-of-way boundary. and such amendments to the management (c) FARMINGTON RIVER, CONNECTICUT, DES- (B) In sec. 26, T. 5 N, R. 5 E., Black Hills plan as the Secretary determines are con- IGNATION REVISION.—Section 3(a)(156) of the Meridian— sistent with this section. The management Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (i) lots 5, 11, and 12; and plan shall be deemed to satisfy the require- is amended in the first sentence— (ii) in lot 10, the land located southwest of ments for a comprehensive management plan (1) by striking ‘‘14-mile’’ and inserting the southwesterly railroad right-of-way pursuant to section 3(d) of the Wild and Sce- ‘‘15.1-mile’’; and boundary described and authorized under nic Rivers Act (16 U.S.C. 1274(d)). (2) by striking ‘‘to the downstream end of MTM–14260 and NW1⁄4NW1⁄4. (2) COMMITTEE.—The Secretary shall co- the New Hartford-Canton, Connecticut town (2) CEMETERY.—The term ‘‘Cemetery’’ ordinate the management responsibilities of line’’ and inserting ‘‘to the confluence with means the Black Hills National Cemetery in the Secretary under this section with the the Nepaug River’’. Lower Farmington River and Salmon Brook Sturgis, South Dakota. (d) DEFINITIONS.—For the purposes of this Wild and Scenic Committee, as specified in (b) TRANSFER OF ADMINISTRATIVE JURISDIC- section: TION the management plan. .— (1) MANAGEMENT PLAN.—The term ‘‘man- (3) COOPERATIVE AGREEMENTS.— (1) IN GENERAL.—Administrative jurisdic- agement plan’’ means the management plan tion over the BLM land is transferred from (A) IN GENERAL.—In order to provide for the long-term protection, preservation, and prepared by the Salmon Brook Wild and Sce- the Secretary of the Interior to the Sec- nic Study Committee entitled the ‘‘Lower retary of Veterans Affairs for inclusion in enhancement of the river segment des- ignated by subsection (a), the Secretary is Farmington River and Salmon Brook Man- the Cemetery. agement Plan’’ and dated June 2011. (2) BOUNDARY MODIFICATION.—On the trans- authorized to enter into cooperative agree- ments pursuant to sections 10(e) and 11(b)(1) (2) SECRETARY.—The term ‘‘Secretary’’ fer of the BLM land under paragraph (1), the means the Secretary of the Interior. boundary of the Cemetery is modified to in- of the Wild and Scenic Rivers Act with— clude the BLM land. (i) the State of Connecticut; SEC. 6103. SPECIAL RESOURCE STUDY OF PRESI- DENT STREET STATION. (3) MODIFICATION OF PUBLIC LAND ORDER.— (ii) the towns of Avon, Bloomfield, Bur- On the transfer of the BLM land under para- lington, East Granby, Farmington, Granby, (a) DEFINITIONS.—In this section: graph (1), Public Land Order 2112, dated June Hartland, Simsbury, and Windsor in Con- (1) SECRETARY.—The term ‘‘Secretary’’ 6, 1960 (25 Fed. Reg. 5243), is modified to ex- necticut; and means the Secretary of the Interior. clude the BLM land. (iii) appropriate local planning and envi- (2) STUDY AREA.—The term ‘‘study area’’ ronmental organizations. means the President Street Station, a rail- Subtitle B—National Park Management, (B) CONSISTENCY.—All cooperative agree- road terminal in Baltimore, Maryland, the Studies, and Related Matters ments provided for under this section shall history of which is tied to the growth of the SEC. 6101. REFUND OF FUNDS USED BY STATES be consistent with the management plan and railroad industry in the 19th century, the TO OPERATE NATIONAL PARKS DUR- may include provisions for financial or other Civil War, the Underground Railroad, and ING SHUTDOWN. assistance from the United States. the immigrant influx of the early 20th cen- (a) IN GENERAL.—The Director of the Na- (4) LAND MANAGEMENT.— tury. tional Park Service shall refund to each (A) ZONING ORDINANCES.—For the purposes (b) SPECIAL RESOURCE STUDY.— State all funds of the State that were used to of the segments designated in subsection (a), reopen and temporarily operate a unit of the (1) STUDY.—The Secretary shall conduct a the zoning ordinances adopted by the towns special resource study of the study area. National Park System during the period in in Avon, Bloomfield, Burlington, East Gran- (2) CONTENTS.—In conducting the study October 2013 in which there was a lapse in by, Farmington, Granby, Hartland, under paragraph (1), the Secretary shall— appropriations for the unit. Simsbury, and Windsor in Connecticut, in- (A) evaluate the national significance of (b) FUNDING.—Funds of the National Park cluding provisions for conservation of the study area; Service that are appropriated after the date floodplains, wetlands and watercourses asso- (B) determine the suitability and feasi- of enactment of this Act shall be used to ciated with the segments, shall be deemed to bility of designating the study area as a unit carry out this section. satisfy the standards and requirements of of the National Park System; SEC. 6102. LOWER FARMINGTON AND SALMON section 6(c) of the Wild and Scenic Rivers (C) consider other alternatives for preser- BROOK RECREATIONAL RIVERS. Act (16 U.S.C. 1277(c)). vation, protection, and interpretation of the (a) DESIGNATION.—Section 3(a) of the Wild (B) ACQUISITION OF LAND.—The provisions and Scenic Rivers Act (16 U.S.C. 1274(a)) is of section 6(c) of the Wild and Scenic Rivers study area by the Federal Government, amended by adding at the end the following Act (16 U.S.C. 1277(c)) that prohibit Federal State or local government entities, or pri- new paragraph: acquisition of lands by condemnation shall vate and nonprofit organizations; ‘‘(213) LOWER FARMINGTON RIVER AND SALM- apply to the segments designated in sub- (D) consult with interested Federal agen- ON BROOK, CONNECTICUT.—Segments of the section (a). The authority of the Secretary cies, State or local governmental entities, main stem and its tributary, Salmon Brook, to acquire lands for the purposes of the seg- private and nonprofit organizations, or any totaling approximately 62 miles, to be ad- ments designated in subsection (a) shall be other interested individuals; and ministered by the Secretary of the Interior limited to acquisition by donation or acqui- (E) identify cost estimates for any Federal as follows: sition with the consent of the owner of the acquisition, development, interpretation, op- ‘‘(A) The approximately 27.2-mile segment lands, and shall be subject to the additional eration, and maintenance associated with of the Farmington River beginning 0.2 miles criteria set forth in the management plan. the alternatives. below the tailrace of the Lower Collinsville (5) RAINBOW DAM.—The designation made (3) APPLICABLE LAW.—The study required Dam and extending to the site of the by subsection (a) shall not be construed to— under paragraph (1) shall be conducted in ac- Spoonville Dam in Bloomfield and East (A) prohibit, pre-empt, or abridge the po- cordance with section 100507 of title 54, Granby as a recreational river. tential future licensing of the Rainbow Dam United States Code. ‘‘(B) The approximately 8.1-mile segment and Reservoir (including any and all aspects (4) REPORT.—Not later than 3 years after of the Farmington River extending from 0.5 of its facilities, operations and transmission the date on which funds are first made avail- miles below the Rainbow Dam to the con- lines) by the Federal Energy Regulatory able for the study under paragraph (1), the fluence with the Connecticut River in Wind- Commission as a federally licensed hydro- Secretary shall submit to the Committee on sor as a recreational river. electric generation project under the Federal Natural Resources of the House of Rep- ‘‘(C) The approximately 2.4-mile segment Power Act, provided that the Commission resentatives and the Committee on Energy of the main stem of Salmon Brook extending may, in the discretion of the Commission and Natural Resources of the Senate a report from the confluence of the East and West and consistent with this section, establish that describes— Branches to the confluence with the Farm- such reasonable terms and conditions in a (A) the results of the study; and ington River as a recreational river. hydropower license for Rainbow Dam as are (B) any conclusions and recommendations ‘‘(D) The approximately 12.6-mile segment necessary to reduce impacts identified by of the Secretary. of the West Branch of Salmon Brook extend- the Secretary as invading or unreasonably SEC. 6104. SPECIAL RESOURCE STUDY OF ing from its headwaters in Hartland, Con- diminishing the scenic, recreational, and fish THURGOOD MARSHALL’S ELEMEN- necticut to its confluence with the East and wildlife values of the segments des- TARY SCHOOL. Branch of Salmon Brook as a recreational ignated by subsection (a); or (a) DEFINITIONS.—In this section: river. (B) affect the operation of, or impose any (1) SECRETARY.—The term ‘‘Secretary’’ ‘‘(E) The approximately 11.4-mile segment flow or release requirements on, the unli- means the Secretary of the Interior. of the East Branch of Salmon Brook extend- censed hydroelectric facility at Rainbow (2) STUDY AREA.—The term ‘‘study area’’ ing from the Massachusetts-Connecticut Dam and Reservoir. means— State line to the confluence with the West (6) RELATION TO NATIONAL PARK SYSTEM.— (A) P.S. 103, the public school located in Branch of Salmon Brook as a recreational Notwithstanding section 10(c) of the Wild West Baltimore, Maryland, which Thurgood river.’’. and Scenic Rivers Act (16 U.S.C. 1281(c)), the Marshall attended as a youth; and

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S518 CONGRESSIONAL RECORD — SENATE February 2, 2016 (B) any other resources in the neighbor- (1) by striking ‘‘thirty two hundred miles, Heritage Conservation Council, the Sport hood surrounding P.S. 103 that relate to the extending from eastern New York State’’ and Fishing and Boating Partnership Council, early life of Thurgood Marshall. inserting ‘‘4,600 miles, extending from the State and tribal fish and wildlife agencies, (b) SPECIAL RESOURCE STUDY.— Appalachian Trail in Vermont’’; and and the public; (1) STUDY.—The Secretary shall conduct a (2) by striking ‘‘Proposed North Country (2) conserve and enhance aquatic systems special resource study of the study area. Trail’’ and all that follows through ‘‘June and the management of game species and the (2) CONTENTS.—In conducting the study 1975.’’ and inserting ‘‘ ‘North Country Na- habitat of those species on Federal land, in- under paragraph (1), the Secretary shall— tional Scenic Trail, Authorized Route’ dated cluding through hunting and fishing, in a (A) evaluate the national significance of February 2014, and numbered 649/116870.’’. manner that respects— the study area; (b) NO CONDEMNATION.—Section 5(a)(8) of (A) State management authority over (B) determine the suitability and feasi- the National Trails System Act (16 U.S.C. wildlife resources; and bility of designating the study area as a unit 1244(a)(8)) is amended by adding at the end (B) private property rights; and of the National Park System; the following: ‘‘No land or interest in land (3) consider hunting, fishing, and rec- (C) consider other alternatives for preser- outside of the exterior boundary of any Fed- reational shooting opportunities as part of vation, protection, and interpretation of the erally administered area may be acquired by all Federal plans for land, resource, and trav- study area by the Federal Government, the Federal Government for the trail by con- el management. State or local government entities, or pri- demnation.’’. (b) EXCLUSION.—In this subtitle, the term vate and nonprofit organizations; SEC. 6107. DESIGNATION OF JAY S. HAMMOND ‘‘fishing’’ does not include commercial fish- (D) consult with interested Federal agen- WILDERNESS AREA. ing in which fish are harvested, either in cies, State or local governmental entities, (a) DESIGNATION.—The approximately whole or in part, that are intended to enter private and nonprofit organizations, or any 2,600,000 acres of National Wilderness Preser- commerce through sale. other interested individuals; and vation System land located within the Lake PART II—SPORTSMEN’S ACCESS TO (E) identify cost estimates for any Federal Clark National Park and Preserve designated FEDERAL LAND acquisition, development, interpretation, op- by section 201(e)(7)(a) of the Alaska National SEC. 6211. DEFINITIONS. eration, and maintenance associated with Interest Lands Conservation Act (16 U.S.C. In this part: the alternatives. 410hh(e)(7)(a)) shall be known and designated (1) FEDERAL LAND.—The term ‘‘Federal (3) APPLICABLE LAW.—The study required as the ‘‘Jay S. Hammond Wilderness Area’’. land’’ means— under paragraph (1) shall be conducted in ac- (b) REFERENCES.—Any reference in a law, (A) any land in the National Forest Sys- cordance with section 100507 of title 54, map, regulation, document, paper, or other tem (as defined in section 11(a) of the Forest United States Code. record of the United States to the wilderness and Rangeland Renewable Resources Plan- (4) REPORT.—Not later than 3 years after area referred to in subsection (a) shall be ning Act of 1974 (16 U.S.C. 1609(a))) that is ad- the date on which funds are first made avail- deemed to be a reference to the ‘‘Jay S. ministered by the Secretary of Agriculture, able to carry out the study under paragraph Hammond Wilderness Area’’. acting through the Chief of the Forest Serv- (1), the Secretary shall submit to the Com- SEC. 6108. ADVISORY COUNCIL ON HISTORIC ice; and mittee on Natural Resources of the House of PRESERVATION. (B) public lands (as defined in section 103 of Representatives and the Committee on En- Section 304101(a) of title 54, United States the Federal Land Policy and Management ergy and Natural Resources of the Senate a Code, is amended— Act of 1976 (43 U.S.C. 1702)), the surface of report that describes— (1) by redesignating paragraphs (8), (9), (10), which is administered by the Secretary of (A) the results of the study; and and (11) as paragraphs (9), (10), (11), and (12), the Interior, acting through the Director of (B) any conclusions and recommendations respectively; and the Bureau of Land Management. of the Secretary. (2) by inserting after paragraph (7) the fol- (2) SECRETARY CONCERNED.—The term ‘‘Sec- SEC. 6105. SPECIAL RESOURCE STUDY OF JAMES lowing: ‘‘(8) The General Chairman of the National retary concerned’’ means— K. POLK PRESIDENTIAL HOME. (A) the Secretary of Agriculture, with re- (a) IN GENERAL.—The Secretary of the In- Association of Tribal Historic Preservation Officers.’’. spect to land described in paragraph (1)(A); terior (referred to in this section as the and ‘‘Secretary’’) shall conduct a special re- SEC. 6109. ESTABLISHMENT OF A VISITOR SERV- ICES FACILITY ON THE ARLINGTON (B) the Secretary of the Interior, with re- source study of the site of the James K. Polk spect to land described in paragraph (1)(B). Home in Columbia, Tennessee, and adjacent RIDGE TRACT. (a) DEFINITION OF ARLINGTON RIDGE SEC. 6212. FEDERAL LAND OPEN TO HUNTING, property (referred to in this section as the FISHING, AND RECREATIONAL ‘‘site’’). TRACT.—In this section, the term ‘‘Arlington Ridge tract’’ means the parcel of Federal SHOOTING. (b) CRITERIA.—The Secretary shall conduct (a) IN GENERAL.—Subject to subsection (b), the study under subsection (a) in accordance land located in Arlington County, Virginia, known as the ‘‘Nevius Tract’’ and transferred Federal land shall be open to hunting, fish- with section 100507 of title 54, United States ing, and recreational shooting, in accordance Code. to the Department of the Interior in 1953, that is bounded generally by— with applicable law, unless the Secretary (c) CONTENTS.—In conducting the study (1) Arlington Boulevard (United States concerned closes an area in accordance with under subsection (a), the Secretary shall— section 6213. (1) evaluate the national significance of Route 50) to the north; (2) Jefferson Davis Highway (Virginia (b) EFFECT OF PART.—Nothing in this part the site; opens to hunting, fishing, or recreational (2) determine the suitability and feasi- Route 110) to the east; (3) Marshall Drive to the south; and shooting any land that is not open to those bility of designating the site as a unit of the activities as of the date of enactment of this National Park System; (4) North Meade Street to the west. (b) ESTABLISHMENT OF VISITOR SERVICES Act. (3) include cost estimates for any nec- SEC. 6213. CLOSURE OF FEDERAL LAND TO HUNT- essary acquisition, development, operation, FACILITY.—Notwithstanding section 2863(g) of the Military Construction Authorization ING, FISHING, AND RECREATIONAL and maintenance of the site; SHOOTING. (4) consult with interested Federal, State, Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1332), the Secretary of the Interior (a) AUTHORIZATION.— or local governmental entities, private and (1) IN GENERAL.—Subject to paragraph (2) nonprofit organizations, or other interested may construct a structure for visitor serv- ices to include a public restroom facility on and in accordance with section 302(b) of the individuals; and Federal Land Policy and Management Act of (5) identify alternatives for the manage- the Arlington Ridge tract in the area of the United States Marine Corps War Memorial. 1976 (43 U.S.C. 1732(b)), the Secretary con- ment, administration, and protection of the cerned may designate any area on Federal site. Subtitle C—Sportsmen’s Access and Land land in which, and establish any period dur- (d) REPORT.—Not later than 3 years after Management Issues ing which, for reasons of public safety, ad- the date on which funds are made available PART I—NATIONAL POLICY ministration, or compliance with applicable to carry out the study under subsection (a), SEC. 6201. CONGRESSIONAL DECLARATION OF laws, no hunting, fishing, or recreational the Secretary shall submit to the Committee NATIONAL POLICY. shooting shall be permitted. on Natural Resources of the House of Rep- (a) IN GENERAL.—Congress declares that it (2) REQUIREMENT.—In making a designation resentatives and the Committee on Energy is the policy of the United States that Fed- under paragraph (1), the Secretary concerned and Natural Resources of the Senate a report eral departments and agencies, in accord- shall designate the smallest area for the that describes— ance with the missions of the departments least amount of time that is required for (1) the findings and conclusions of the and agencies, Executive Orders 12962 and public safety, administration, or compliance study; and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. with applicable laws. (2) any recommendations of the Secretary. Reg. 46537 (August 16, 2007)), and applicable (b) CLOSURE PROCEDURES.— SEC. 6106. NORTH COUNTRY NATIONAL SCENIC law, shall— (1) IN GENERAL.—Except in an emergency, TRAIL ROUTE ADJUSTMENT. (1) facilitate the expansion and enhance- before permanently or temporarily closing (a) ROUTE ADJUSTMENT.—Section 5(a)(8) of ment of hunting, fishing, and recreational any Federal land to hunting, fishing, or rec- the National Trails System Act (16 U.S.C. shooting opportunities on Federal land, in reational shooting, the Secretary concerned 1244(a)(8)) is amended in the first sentence— consultation with the Wildlife and Hunting shall—

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S519 (A) consult with State fish and wildlife to hunting, fishing, and recreational shoot- ‘‘(2) The name of the agency involved in agencies; and ing. the adversary adjudication. (B) provide public notice and opportunity (e) APPLICATION.—This section shall not ‘‘(3) A description of the claims in the ad- for comment under paragraph (2). apply if the closure is— versary adjudication. (2) PUBLIC NOTICE AND COMMENT.— (1) less than 14 days in duration; and ‘‘(4) The name of each party to whom the (A) IN GENERAL.—Public notice and com- (2) covered by a special use permit. award was made as such party is identified ment shall include— SEC. 6214. SHOOTING RANGES. in the order or other court document making (i) a notice of intent— (a) IN GENERAL.—Except as provided in the award. (I) published in advance of the public com- subsection (b), the Secretary concerned may, ‘‘(5) The amount of the award. ment period for the closure— in accordance with this section and other ap- ‘‘(6) The basis for the finding that the posi- (aa) in the Federal Register; plicable law, lease or permit the use of Fed- tion of the agency concerned was not sub- (bb) on the website of the applicable Fed- eral land for a shooting range. stantially justified. eral agency; (b) EXCEPTION.—The Secretary concerned ‘‘(g) The online searchable database de- (cc) on the website of the Federal land shall not lease or permit the use of Federal scribed in subsection (f) may not reveal any unit, if available; and land for a shooting range, within— information the disclosure of which is pro- (dd) in at least 1 local newspaper; (1) a component of the National Landscape hibited by law or a court order. (II) made available in advance of the public Conservation System; ‘‘(h) The head of each agency shall provide comment period to local offices, chapters, (2) a component of the National Wilderness to the Chairman of the Administrative Con- and affiliate organizations in the vicinity of Preservation System; ference of the United States in a timely the closure that are signatories to the (3) any area that is— manner all information requested by the memorandum of understanding entitled (A) designated as a wilderness study area; Chairman to comply with the requirements ‘‘Federal Lands Hunting, Fishing, and Shoot- (B) administratively classified as— of subsections (e), (f), and (g).’’. ing Sports Roundtable Memorandum of Un- (i) wilderness-eligible; or (2) COURT CASES.—Section 2412(d) of title derstanding’’; and (ii) wilderness-suitable; or 28, United States Code, is amended by adding (III) that describes— (C) a primitive or semiprimitive area; at the end the following: (aa) the proposed closure; and (4) a national monument, national volcanic ‘‘(5)(A) Not later than March 31 of the first (bb) the justification for the proposed clo- monument, or national scenic area; or fiscal year beginning after the date of enact- sure, including an explanation of the reasons (5) a component of the National Wild and ment of the Energy Policy Modernization and necessity for the decision to close the Scenic Rivers System (including areas des- Act of 2016, and every fiscal year thereafter, area to hunting, fishing, or recreational ignated for study for potential addition to the Chairman of the Administrative Con- shooting; and the National Wild and Scenic Rivers Sys- ference of the United States shall submit to (ii) an opportunity for public comment for tem). Congress and make publicly available online a period of— SEC. 6215. FEDERAL ACTION TRANSPARENCY. a report on the amount of fees and other ex- (I) not less than 60 days for a permanent (a) MODIFICATION OF EQUAL ACCESS TO JUS- penses awarded during the preceding fiscal closure; or TICE PROVISIONS.— year pursuant to this subsection. (II) not less than 30 days for a temporary (1) AGENCY PROCEEDINGS.—Section 504 of ‘‘(B) Each report under subparagraph (A) closure. title 5, United States Code, is amended— shall describe the number, nature, and (B) FINAL DECISION.—In a final decision to (A) in subsection (c)(1), by striking ‘‘, amount of the awards, the claims involved in permanently or temporarily close an area to United States Code’’; the controversy, and any other relevant in- hunting, fishing, or recreation shooting, the (B) by redesignating subsection (f) as sub- formation that may aid Congress in evalu- Secretary concerned shall— section (i); and ating the scope and impact of such awards. (i) respond in a reasoned manner to the (C) by striking subsection (e) and inserting ‘‘(C)(i) Each report under subparagraph (A) comments received; the following: shall account for all payments of fees and (ii) explain how the Secretary concerned ‘‘(e)(1) Not later than March 31 of the first other expenses awarded under this sub- resolved any significant issues raised by the fiscal year beginning after the date of enact- section that are made pursuant to a settle- comments; and ment of the Energy Policy Modernization ment agreement, regardless of whether the (iii) show how the resolution led to the clo- Act of 2016, and every fiscal year thereafter, settlement agreement is sealed or otherwise sure. the Chairman of the Administrative Con- subject to a nondisclosure provision. (c) TEMPORARY CLOSURES.— ference of the United States, after consulta- ‘‘(ii) The disclosure of fees and other ex- (1) IN GENERAL.—A temporary closure tion with the Chief Counsel for Advocacy of penses required under clause (i) shall not af- under this section may not exceed a period of the Small Business Administration, shall fect any other information that is subject to 180 days. submit to Congress and make publicly avail- a nondisclosure provision in a settlement (2) RENEWAL.—Except in an emergency, a able online a report on the amount of fees agreement. temporary closure for the same area of land and other expenses awarded during the pre- ‘‘(D) The Chairman of the Administrative closed to the same activities— ceding fiscal year under this section. Conference of the United States shall include (A) may not be renewed more than 3 times ‘‘(2) Each report under paragraph (1) shall and clearly identify in each annual report after the first temporary closure; and describe the number, nature, and amount of under subparagraph (A), for each case in (B) must be subject to a separate notice the awards, the claims involved in the con- which an award of fees and other expenses is and comment procedure in accordance with troversy, and any other relevant information included in the report— subsection (b)(2). that may aid Congress in evaluating the ‘‘(i) any amounts paid under section 1304 of (3) EFFECT OF TEMPORARY CLOSURE.—Any scope and impact of such awards. title 31 for a judgment in the case; Federal land that is temporarily closed to ‘‘(3)(A) Each report under paragraph (1) ‘‘(ii) the amount of the award of fees and hunting, fishing, or recreational shooting shall account for all payments of fees and other expenses; and under this section shall not become perma- other expenses awarded under this section ‘‘(iii) the statute under which the plaintiff nently closed to that activity without a sep- that are made pursuant to a settlement filed suit. arate public notice and opportunity to com- agreement, regardless of whether the settle- ‘‘(6) As soon as practicable, and in any ment in accordance with subsection (b)(2). ment agreement is sealed or otherwise sub- event not later than the date on which the (d) REPORTING.—On an annual basis, the ject to a nondisclosure provision. first report under paragraph (5)(A) is re- Secretaries concerned shall— ‘‘(B) The disclosure of fees and other ex- quired to be submitted, the Chairman of the (1) publish on a public website a list of all penses required under subparagraph (A) shall Administrative Conference of the United areas of Federal land temporarily or perma- not affect any other information that is sub- States shall create and maintain online a nently subject to a closure under this sec- ject to a nondisclosure provision in a settle- searchable database containing, with respect tion; and ment agreement. to each award of fees and other expenses (2) submit to the Committee on Energy and ‘‘(f) As soon as practicable, and in any under this subsection made on or after the Natural Resources and the Committee on event not later than the date on which the date of enactment of the Energy Policy Mod- Agriculture, Nutrition, and Forestry of the first report under subsection (e)(1) is re- ernization Act of 2016, the following informa- Senate and the Committee on Natural Re- quired to be submitted, the Chairman of the tion: sources and the Committee on Agriculture of Administrative Conference of the United ‘‘(A) The case name and number, the House of Representatives a report that States shall create and maintain online a hyperlinked to the case, if available. identifies— searchable database containing, with respect ‘‘(B) The name of the agency involved in (A) a list of each area of Federal land tem- to each award of fees and other expenses the case. porarily or permanently subject to a closure; under this section made on or after the date ‘‘(C) The name of each party to whom the (B) the acreage of each closure; and of enactment of the Energy Policy Mod- award was made as such party is identified (C) a survey of— ernization Act of 2016, the following informa- in the order or other court document making (i) the aggregate areas and acreage closed tion: the award. under this section in each State; and ‘‘(1) The case name and number of the ad- ‘‘(D) A description of the claims in the (ii) the percentage of Federal land in each versary adjudication, if available, case. State closed under this section with respect hyperlinked to the case, if available. ‘‘(E) The amount of the award.

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S520 CONGRESSIONAL RECORD — SENATE February 2, 2016 ‘‘(F) The basis for the finding that the po- (4) in subsection (c) (as so redesignated), in across any System unit in the vehicle of the sition of the agency concerned was not sub- the second sentence, by striking ‘‘subsection individual if— stantially justified. (a)’’ and inserting ‘‘subsection (b)’’; ‘‘(1) the individual is not otherwise prohib- ‘‘(7) The online searchable database de- (5) in subsection (d) (as so redesignated), in ited by law from possessing the bows and scribed in paragraph (6) may not reveal any the heading, by inserting ‘‘Commercial’’ be- crossbows; information the disclosure of which is pro- fore ‘‘Still’’; ‘‘(2) the bows or crossbows that are not hibited by law or a court order. (6) in paragraph (1) of subsection (f) (as so ready for immediate use remain inside the ‘‘(8) The head of each agency (including the redesignated), by inserting ‘‘in accordance vehicle of the individual throughout the pe- Attorney General of the United States) shall with the Federal Lands Recreation Enhance- riod during which the bows or crossbows are provide to the Chairman of the Administra- ment Act (16 U.S.C. 6801 et seq.),’’ after transported across System land; and tive Conference of the United States in a ‘‘without further appropriation,’’; ‘‘(3) the possession of the bows and cross- timely manner all information requested by (7) in subsection (g) (as so redesignated)— bows is in compliance with the law of the the Chairman to comply with the require- (A) by striking ‘‘The Secretary shall’’ and State in which the System unit is located.’’. ments of paragraphs (5), (6), and (7).’’. inserting the following: (b) CLERICAL AMENDMENT.—The table of (3) TECHNICAL AND CONFORMING AMEND- ‘‘(1) IN GENERAL.—The Secretary shall’’; sections for chapter 1049 of title 54, United MENTS.—Section 2412 of title 28, United and States Code (as amended by section 5001(b)), States Code, is amended— (B) by adding at the end the following: is amended by inserting after the item relat- (A) in subsection (d)(3), by striking ‘‘(2) CONSIDERATIONS.—The Secretary shall ing to section 104908 the following: ‘‘United States Code,’’; and not consider subject matter or content as a ‘‘104909. Bows in parks.’’. (B) in subsection (e)— criterion for issuing or denying a permit SEC. 6232. WILDLIFE MANAGEMENT IN PARKS. (i) by striking ‘‘of section 2412 of title 28, under this Act.’’; and United States Code,’’ and inserting ‘‘of this (a) IN GENERAL.—Chapter 1049 of title 54, (8) by adding at the end the following: United States Code (as amended by section section’’; and ‘‘(h) EXEMPTION FROM COMMERCIAL FILMING (ii) by striking ‘‘of such title’’ and insert- 6231(a)), is amended by adding at the end the OR STILL PHOTOGRAPHY PERMITS AND FEES.— following: ing ‘‘of this title’’. The Secretary shall not require persons hold- UDGMENT FUND TRANSPARENCY.—Sec- ‘‘SEC. 104910. WILDLIFE MANAGEMENT IN PARKS. (b) J ing commercial use authorizations or special tion 1304 of title 31, United States Code, is ‘‘(a) USE OF QUALIFIED VOLUNTEERS.—If the recreation permits to obtain an additional amended by adding at the end the following: Secretary determines it is necessary to re- ‘‘(d) Beginning not later than the date that permit or pay a fee for commercial filming duce the size of a wildlife population on Sys- is 60 days after the date of enactment of the or still photography under this Act if the tem land in accordance with applicable law Energy Policy Modernization Act of 2016, and filming or photography conducted is— (including regulations), the Secretary may unless the disclosure of such information is ‘‘(1) incidental to the permitted activity use qualified volunteers to assist in carrying otherwise prohibited by law or a court order, that is the subject of the commercial use au- out wildlife management on System land. the Secretary of the Treasury shall make thorization or special recreation permit; and ‘‘(b) REQUIREMENTS FOR QUALIFIED VOLUN- available to the public on a website, as soon ‘‘(2) the holder of the commercial use au- TEERS.—Qualified volunteers providing as- as practicable, but not later than 30 days thorization or special recreation permit is an sistance under subsection (a) shall be subject after the date on which a payment under this individual or small business concern (within to— section is tendered, the following informa- the meaning of section 3 of the Small Busi- ‘‘(1) any training requirements or quali- tion with regard to that payment: ness Act (15 U.S.C. 632)). fications established by the Secretary; and ‘‘(1) The name of the specific agency or en- ‘‘(i) EXCEPTION FROM CERTAIN FEES.—Com- ‘‘(2) any other terms and conditions that tity whose actions gave rise to the claim or mercial filming or commercial still photog- the Secretary may require.’’. judgment. raphy shall be exempt from fees under this (b) CLERICAL AMENDMENT.—The table of ‘‘(2) The name of the plaintiff or claimant. Act, but not from recovery of costs under sections for chapter 1049 of title 54 (as ‘‘(3) The name of counsel for the plaintiff subsection (c), if the activity— amended by section 6231(b)), United States or claimant. ‘‘(1) is conducted by an entity that is a Code, is amended by inserting after the item ‘‘(4) The amount paid representing prin- small business concern (within the meaning relating to section 104909 the following: of section 3 of the Small Business Act (15 cipal liability, and any amounts paid rep- ‘‘104910. Wildlife management in parks.’’. U.S.C. 632)); resenting any ancillary liability, including SEC. 6233. IDENTIFYING OPPORTUNITIES FOR attorney fees, costs, and interest. ‘‘(2) is conducted by a crew of not more than 3 individuals; and RECREATION, HUNTING, AND FISH- ‘‘(5) A brief description of the facts that ING ON FEDERAL LAND. ‘‘(3) uses only a camera and tripod. gave rise to the claim. (a) DEFINITIONS.—In this section: ‘‘(j) APPLICABILITY TO NEWS GATHERING AC- ‘‘(6) The name of the agency that sub- (1) SECRETARY.—The term ‘‘Secretary’’ TIVITIES.— mitted the claim.’’. means— ‘‘(1) IN GENERAL.—News gathering shall not PART III—FILMING ON FEDERAL LAND (A) the Secretary of the Interior, with re- be considered a commercial activity. MANAGEMENT AGENCY LAND spect to land administered by— ‘‘(2) INCLUDED ACTIVITIES.—In this sub- (i) the Director of the National Park Serv- SEC. 6221. COMMERCIAL FILMING. section, the term ‘news gathering’ includes, ice; (a) IN GENERAL.—Section 1 of Public Law at a minimum, the gathering, recording, and (ii) the Director of the United States Fish 106–206 (16 U.S.C. 460l–6d) is amended— filming of news and information related to and Wildlife Service; and (1) by redesignating subsections (a) news in any medium.’’. (iii) the Director of the Bureau of Land through (f) as subsections (b) through (g), re- (b) CONFORMING AMENDMENTS.—Chapter spectively; 1009 of title 54, United States Code, is amend- Management; and (2) by inserting before subsection (b) (as so ed— (B) the Secretary of Agriculture, with re- redesignated) the following: (1) by striking section 100905; and spect to land administered by the Chief of ‘‘(a) DEFINITION OF SECRETARY.—The term (2) in the table of sections for chapter 1009 the Forest Service. ‘Secretary’ means the Secretary of the Inte- of title 54, United States Code, by striking (2) STATE OR REGIONAL OFFICE.—The term rior or the Secretary of Agriculture, as ap- the item relating to section 100905. ‘‘State or regional office’’ means— plicable, with respect to land under the re- (A) a State office of the Bureau of Land spective jurisdiction of the Secretary.’’; PART IV—BOWS, WILDLIFE MANAGEMENT, Management; or (3) in subsection (b) (as so redesignated)— AND ACCESS OPPORTUNITIES FOR (B) a regional office of— (A) in paragraph (1)— RECREATION, HUNTING, AND FISHING (i) the National Park Service; (i) in the first sentence, by striking ‘‘of the SEC. 6231. BOWS IN PARKS. (ii) the United States Fish and Wildlife Interior or the Secretary of Agriculture (a) IN GENERAL.—Chapter 1049 of title 54, Service; or (hereafter individually referred to as the United States Code (as amended by section (iii) the Forest Service. ‘Secretary’ with respect to land (except land 5001(a)), is amended by adding at the end the (3) TRAVEL MANAGEMENT PLAN.—The term in a System unit as defined in section 100102 following: ‘‘travel management plan’’ means a plan for of title 54, United States Code) under their ‘‘§ 104909. Bows in parks the management of travel— respective jurisdictions)’’; and ‘‘(a) DEFINITION OF NOT READY FOR IMME- (A) with respect to land under the jurisdic- (ii) in subparagraph (B), by inserting ‘‘, ex- DIATE USE.—The term ‘not ready for imme- tion of the National Park Service, on park cept in the case of film crews of 3 or fewer in- diate use’ means— roads and designated routes under section dividuals’’ before the period at the end; and ‘‘(1) a bow or crossbow, the arrows of which 4.10 of title 36, Code of Federal Regulations (B) by adding at the end the following: are secured or stowed in a quiver or other (or successor regulations); ‘‘(3) FEE SCHEDULE.—Not later than 180 arrow transport case; and (B) with respect to land under the jurisdic- days after the date of enactment of the En- ‘‘(2) with respect to a crossbow, uncocked. tion of the United States Fish and Wildlife ergy Policy Modernization Act of 2016, to en- ‘‘(b) VEHICULAR TRANSPORTATION AUTHOR- Service, on the land under a comprehensive hance consistency in the management of IZED.—The Director shall not promulgate or conservation plan prepared under section Federal land, the Secretaries shall publish a enforce any regulation that prohibits an in- 4(e) of the National Wildlife Refuge System single joint land use fee schedule for com- dividual from transporting bows and cross- Administration Act of 1966 (16 U.S.C. mercial filming and still photography.’’; bows that are not ready for immediate use 668dd(e));

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(C) with respect to land under the jurisdic- (d) PROTECTION OF PERSONALLY IDENTI- count, there shall be transferred to the gen- tion of the Forest Service, on National For- FYING INFORMATION.—In making the priority eral fund of the Treasury $1,000,000 for each est System land under part 212 of title 36, list and report prepared under subsections of fiscal years 2016 through 2025. Code of Federal Regulations (or successor (b) and (c) available, the Secretary shall en- PART VI—MISCELLANEOUS regulations); and sure that no personally identifying informa- SEC. 6251. RESPECT FOR TREATIES AND RIGHTS. (D) with respect to land under the jurisdic- tion is included, such as names or addresses Nothing in this subtitle or the amend- tion of the Bureau of Land Management, of individuals or entities. ments made by this subtitle— under a resource management plan devel- (e) WILLING OWNERS.—For purposes of pro- oped under the Federal Land Policy and viding any permits to, or entering into (1) affects or modifies any treaty or other Management Act of 1976 (43 U.S.C. 1701 et agreements with, a State, local, or tribal right of any federally recognized Indian seq.). government or private landowner with re- tribe; or (b) PRIORITY LISTS REQUIRED.— spect to the use of land under the jurisdic- (2) modifies any provision of Federal law (1) IN GENERAL.—Not later than 180 days tion of the government or landowner, the relating to migratory birds or to endangered after the date of enactment of this Act, an- Secretary shall not take into account wheth- or threatened species. nually during the 10-year period beginning er the State, local, or tribal government or SEC. 6252. NO PRIORITY. on the date on which the first priority list is private landowner has granted or denied pub- Nothing in this subtitle or the amend- completed, and every 5 years after the end of lic access or egress to the land. ments made by this subtitle provides a pref- the 10-year period, the Secretary shall pre- (f) MEANS OF PUBLIC ACCESS AND EGRESS erence to hunting, fishing, or recreational pare a priority list, to be made publicly INCLUDED.—In considering public access and shooting over any other use of Federal land available on the website of the applicable egress under subsections (b) and (c), the Sec- or water. Federal agency referred to in subsection retary shall consider public access and egress Subtitle D—Water Infrastructure and Related (a)(1), which shall identify the location and to the legal boundaries of the land described Matters acreage of land within the jurisdiction of in those subsections, including access and PART I—FONTENELLE RESERVOIR each State or regional office on which the egress— public is allowed, under Federal or State (1) by motorized or non-motorized vehicles; SEC. 6301. AUTHORITY TO MAKE ENTIRE ACTIVE CAPACITY OF FONTENELLE RES- law, to hunt, fish, or use the land for other and recreational purposes but— ERVOIR AVAILABLE FOR USE. (2) on foot or horseback. (a) IN GENERAL.—The Secretary of the In- (A) to which there is no public access or (g) EFFECT.— egress; or terior, in cooperation with the State of Wyo- (1) IN GENERAL.—This section shall have no ming, may amend the Definite Plan Report (B) to which public access or egress to the effect on whether a particular recreational legal boundaries of the land is significantly for the Seedskadee Project authorized under use shall be allowed on the land included in the first section of the Act of April 11, 1956 restricted (as determined by the Secretary). a priority list under this section. (2) MINIMUM SIZE.—Any land identified (commonly known as the ‘‘Colorado River (2) EFFECT OF ALLOWABLE USES ON AGENCY Storage Project Act’’) (43 U.S.C. 620), to pro- under paragraph (1) shall consist of contig- CONSIDERATION.—In preparing the priority uous acreage of at least 640 acres. vide for the study, design, planning, and con- list under subsection (b), the Secretary shall struction activities that will enable the use (3) CONSIDERATIONS.—In preparing the pri- only consider recreational uses that are al- ority list required under paragraph (1), the of all active storage capacity (as may be de- lowed on the land at the time that the pri- fined or limited by legal, hydrologic, struc- Secretary shall consider with respect to the ority list is prepared. land— tural, engineering, economic, and environ- (A) whether access is absent or merely re- PART V—FEDERAL LAND TRANSACTION mental considerations) of Fontenelle Dam stricted, including the extent of the restric- FACILITATION ACT and Reservoir, including the placement of tion; SEC. 6241. FEDERAL LAND TRANSACTION FACILI- sufficient riprap on the upstream face of (B) the likelihood of resolving the absence TATION ACT. Fontenelle Dam to allow the active storage of or restriction to public access; (a) IN GENERAL.—The Federal Land Trans- capacity of Fontenelle Reservoir to be used (C) the potential for recreational use; action Facilitation Act is amended— for those purposes for which the Seedskadee (D) any information received from the pub- (1) in section 203(2) (43 U.S.C. 2302(2)), by Project was authorized. lic or other stakeholders during the nomina- striking ‘‘on the date of enactment of this (b) COOPERATIVE AGREEMENTS.— tion process described in paragraph (5); and Act was’’ and inserting ‘‘is’’; (1) IN GENERAL.—The Secretary of the Inte- (E) any other factor as determined by the (2) in section 205 (43 U.S.C. 2304)— rior may enter into any contract, grant, co- Secretary. (A) in subsection (a), by striking ‘‘(as in ef- operative agreement, or other agreement (4) ADJACENT LAND STATUS.—For each par- fect on the date of enactment of this Act)’’; that is necessary to carry out subsection (a). cel of land on the priority list, the Secretary and (2) STATE OF WYOMING.— shall include in the priority list whether re- (B) by striking subsection (d); (A) IN GENERAL.—The Secretary of the In- solving the issue of public access or egress to (3) in section 206 (43 U.S.C. 2305), by strik- terior shall enter into a cooperative agree- the land would require acquisition of an ing subsection (f); and ment with the State of Wyoming to work in easement, right-of-way, or fee title from— (4) in section 207(b) (43 U.S.C. 2306(b))— cooperation and collaboratively with the (A) another Federal agency; (A) in paragraph (1)— State of Wyoming for planning, design, re- (B) a State, local, or tribal government; or (i) by striking ‘‘96–568’’ and inserting ‘‘96– lated preconstruction activities, and con- (C) a private landowner. 586’’; and struction of any modification of the (5) NOMINATION PROCESS.—In preparing a (ii) by striking ‘‘; or’’ and inserting a semi- Fontenelle Dam under subsection (a). priority list under this section, the Sec- colon; (B) REQUIREMENTS.—The cooperative retary shall provide an opportunity for mem- (B) in paragraph (2)— agreement under subparagraph (A) shall, at a bers of the public to nominate parcels for in- (i) by inserting ‘‘Public Law 105–263;’’ be- minimum, specify the responsibilities of the clusion on the priority list. fore ‘‘112 Stat.’’; and Secretary of the Interior and the State of (c) ACCESS OPTIONS.—With respect to land (ii) by striking the period at the end and Wyoming with respect to— included on a priority list described in sub- inserting a semicolon; and (i) completing the planning and final de- section (b), the Secretary shall develop and (C) by adding at the end the following: sign of the modification of the Fontenelle submit to the Committees on Appropriations ‘‘(3) the White Pine County Conservation, Dam under subsection (a); and Energy and Natural Resources of the Recreation, and Development Act of 2006 (ii) any environmental and cultural re- Senate and the Committees on Appropria- (Public Law 109–432; 120 Stat. 3028); source compliance activities required for the tions and Natural Resources of the House of ‘‘(4) the Lincoln County Conservation, modification of the Fontenelle Dam under Representatives a report on options for pro- Recreation, and Development Act of 2004 subsection (a) including compliance with— viding access that— (Public Law 108–424; 118 Stat. 2403); (I) the National Environmental Policy Act (1) identifies how public access and egress ‘‘(5) subtitle F of title I of the Omnibus of 1969 (42 U.S.C. 4321 et seq.); could reasonably be provided to the legal Public Land Management Act of 2009 (16 (II) the Endangered Species Act of 1973 (16 boundaries of the land in a manner that U.S.C. 1132 note; Public Law 111–11); U.S.C. 1531 et seq.); and minimizes the impact on wildlife habitat and ‘‘(6) subtitle O of title I of the Omnibus (III) subdivision 2 of division A of subtitle water quality; Public Land Management Act of 2009 (16 III of title 54, United States Code; and (2) specifies the steps recommended to se- U.S.C. 460www note, 1132 note; Public Law (iii) the construction of the modification of cure the access and egress, including acquir- 111–11); the Fontenelle Dam under subsection (a). ing an easement, right-of-way, or fee title ‘‘(7) section 2601 of the Omnibus Public (c) FUNDING BY STATE OF WYOMING.—Pursu- from a willing owner of any land that abuts Land Management Act of 2009 (Public Law ant to the Act of March 4, 1921 (41 Stat. 1404, the land or the need to coordinate with State 111–11; 123 Stat. 1108); or chapter 161; 43 U.S.C. 395), and as a condition land management agencies or other Federal, ‘‘(8) section 2606 of the Omnibus Public of providing any additional storage under State, or tribal governments to allow for Land Management Act of 2009 (Public Law subsection (a), the State of Wyoming shall such access and egress; and 111–11; 123 Stat. 1121).’’. provide to the Secretary of the Interior (3) is consistent with the travel manage- (b) FUNDS TO TREASURY.—Of the amounts funds for any work carried out under sub- ment plan in effect on the land. deposited in the Federal Land Disposal Ac- section (a).

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(d) OTHER CONTRACTING AUTHORITY.— (i) Capitalized facilities, buildings, struc- (2) INCLUSIONS.—To the extent practicable, (1) IN GENERAL.—The Secretary of the Inte- tures, project features, power production the itemized list of major repair and reha- rior may enter into contracts with the State equipment, recreation facilities, or quarters. bilitation needs under paragraph (1)(B) shall of Wyoming, on such terms and conditions as (ii) Capitalized and noncapitalized heavy include— the Secretary of the Interior and the State equipment and other installed equipment. (A) a budget level cost estimate of the ap- of Wyoming may agree, for division of any (B) INCLUSIONS.—The term ‘‘asset’’ includes propriations needed to complete each item; additional active capacity made available assets described in subparagraph (A) that are and under subsection (a). considered to be mission critical. (B) an assignment of a categorical rating (2) TERMS AND CONDITIONS.—Unless other- (2) ASSET MANAGEMENT REPORT.—The term for each item, consistent with paragraph (3). wise agreed to by the Secretary of the Inte- ‘‘Asset Management Report’’ means— (3) RATING REQUIREMENTS.— rior and the State of Wyoming, a contract (A) the annual plan prepared by the Bureau (A) IN GENERAL.—The system for assigning entered into under paragraph (1) shall be of Reclamation known as the ‘‘Asset Man- ratings under paragraph (2)(B) shall be— subject to the terms and conditions of Bu- agement Plan’’; and (i) consistent with existing uniform cat- reau of Reclamation Contract No. 14–06–400– (B) any publicly available information re- egorization systems to inform the annual 2474 and Bureau of Reclamation Contract No. lating to the plan described in subparagraph budget process and agency requirements; and 14–06–400–6193. (A) that summarizes the efforts of the Bu- (ii) subject to the guidance and instruc- SEC. 6302. SAVINGS PROVISIONS. reau of Reclamation to evaluate and manage tions issued under subparagraph (B). Unless expressly provided in this part, infrastructure assets of the Bureau of Rec- (B) GUIDANCE.—As soon as practicable after nothing in this part modifies, conflicts with, lamation. the date of enactment of this Act, the Sec- preempts, or otherwise affects— (3) MAJOR REPAIR AND REHABILITATION retary shall issue guidance that describes (1) the Act of December 31, 1928 (43 U.S.C. NEED.—The term ‘‘major repair and rehabili- the applicability of the rating system appli- 617 et seq.) (commonly known as the ‘‘Boul- tation need’’ means major nonrecurring cable under paragraph (2)(B) to Reclamation der Canyon Project Act’’); maintenance at a Reclamation facility, in- facilities. (2) the Colorado River Compact of 1922, as cluding maintenance related to the safety of (4) PUBLIC AVAILABILITY.—Except as pro- approved by the Presidential Proclamation dams, extraordinary maintenance of dams, vided in paragraph (5), the Secretary shall of June 25, 1929 (46 Stat. 3000); deferred major maintenance activities, and make publicly available, including on the (3) the Act of July 19, 1940 (43 U.S.C. 618 et all other significant repairs and extraor- Internet, the Asset Management Report re- seq.) (commonly known as the ‘‘Boulder Can- dinary maintenance. quired under subsection (a). yon Project Adjustment Act’’); (4) RECLAMATION FACILITY.—The term (5) CONFIDENTIALITY.—The Secretary may (4) the Treaty between the United States of ‘‘Reclamation facility’’ means each of the in- exclude from the public version of the Asset America and Mexico relating to the utiliza- frastructure assets that are owned by the Management Report made available under tion of waters of the Colorado and Tijuana Bureau of Reclamation at a Reclamation paragraph (4) any information that the Sec- Rivers and of the Rio Grande, and supple- project. retary identifies as sensitive or classified, mentary protocol signed November 14, 1944, (5) RECLAMATION PROJECT.—The term ‘‘Rec- but shall make available to the Committee signed at Washington February 3, 1944 (59 lamation project’’ means a project that is on Energy and Natural Resources of the Sen- Stat. 1219); owned by the Bureau of Reclamation, includ- ate and the Committee on Natural Resources (5) the Upper Colorado River Basin Com- ing all reserved works and transferred works of the House of Representatives a version of pact as consented to by the Act of April 6, owned by the Bureau of Reclamation. the report containing the sensitive or classi- 1949 (63 Stat. 31); (6) RESERVED WORKS.—The term ‘‘reserved fied information. (6) the Act of April 11, 1956 (commonly works’’ means buildings, structures, facili- (c) UPDATES.—Not later than 2 years after known as the ‘‘Colorado River Storage ties, or equipment that are owned by the Bu- the date on which the Asset Management Re- Project Act’’) (43 U.S.C. 620 et seq.); reau of Reclamation for which operations port is submitted under subsection (a) and (7) the Colorado River Basin Project Act and maintenance are performed by employ- biennially thereafter, the Secretary shall up- (Public Law 90–537; 82 Stat. 885); or ees of the Bureau of Reclamation or through date the Asset Management Report, subject (8) any State of Wyoming or other State a contract entered into by the Bureau of to the requirements of section 6314(b)(2). water law. Reclamation, regardless of the source of (d) CONSULTATION.—To the extent that PART II—BUREAU OF RECLAMATION funding for the operations and maintenance. such consultation would assist the Secretary TRANSPARENCY (7) SECRETARY.—The term ‘‘Secretary’’ in preparing the Asset Management Report SEC. 6311. FINDINGS. means the Secretary of the Interior. under subsection (a) and updates to the Congress finds that— (8) TRANSFERRED WORKS.—The term ‘‘trans- Asset Management Report under subsection (1) the water resources infrastructure of ferred works’’ means a Reclamation facility (c), the Secretary shall consult with— the Bureau of Reclamation provides impor- at which operations and maintenance of the (1) the Secretary of the Army (acting tant benefits related to irrigated agri- facility is carried out by a non-Federal enti- through the Chief of Engineers); and culture, municipal and industrial water, hy- ty under the provisions of a formal oper- (2) water and power contractors. dropower, flood control, fish and wildlife, ations and maintenance transfer contract or SEC. 6314. ASSET MANAGEMENT REPORT EN- and recreation in the 17 Reclamation States; other legal agreement with the Bureau of HANCEMENTS FOR TRANSFERRED (2) as of 2013, the combined replacement Reclamation. WORKS. value of the infrastructure assets of the Bu- SEC. 6313. ASSET MANAGEMENT REPORT EN- (a) IN GENERAL.—The Secretary shall co- reau of Reclamation was $94,500,000,000; HANCEMENTS FOR RESERVED ordinate with the non-Federal entities re- (3) the majority of the water resources in- WORKS. sponsible for the operation and maintenance frastructure facilities of the Bureau of Rec- (a) IN GENERAL.—Not later than 2 years of transferred works in developing reporting lamation are at least 60 years old; after the date of enactment of this Act, the requirements for Asset Management Reports (4) the Bureau of Reclamation has pre- Secretary shall submit to Congress an Asset with respect to major repair and rehabilita- viously undertaken efforts to better manage Management Report that— tion needs for transferred works that are the assets of the Bureau of Reclamation, in- (1) describes the efforts of the Bureau of similar to the reporting requirements de- cluding an annual review of asset mainte- Reclamation— scribed in section 6313(b). nance activities of the Bureau of Reclama- (A) to maintain in a reliable manner all re- (b) GUIDANCE.— tion known as the ‘‘Asset Management served works at Reclamation facilities; and (1) IN GENERAL.—After considering input Plan’’; and (B) to standardize and streamline data re- from water and power contractors of the Bu- (5) actionable information on infrastruc- porting and processes across regions and reau of Reclamation, the Secretary shall de- ture conditions at the asset level, including areas for the purpose of maintaining re- velop and implement a rating system for information on maintenance needs at indi- served works at Reclamation facilities; and transferred works that incorporates, to the vidual assets due to aging infrastructure, is (2) expands on the information otherwise maximum extent practicable, the rating sys- needed for Congress to conduct oversight of provided in an Asset Management Report, in tem for major repair and rehabilitation Reclamation facilities and meet the needs of accordance with subsection (b). needs for reserved works developed under the public. (b) INFRASTRUCTURE MAINTENANCE NEEDS section 6313(b)(3). SEC. 6312. DEFINITIONS. ASSESSMENT.— (2) UPDATES.—The ratings system devel- In this part: (1) IN GENERAL.—The Asset Management oped under paragraph (1) shall be included in (1) ASSET.— Report submitted under subsection (a) shall the updated Asset Management Reports (A) IN GENERAL.—The term ‘‘asset’’ means include— under section 6313(c). any of the following assets that are used to (A) a detailed assessment of major repair SEC. 6315. OFFSET. achieve the mission of the Bureau of Rec- and rehabilitation needs for all reserved Notwithstanding any other provision of lamation to manage, develop, and protect works at all Reclamation projects; and law, in the case of the project authorized by water and related resources in an environ- (B) to the extent practicable, an itemized section 1617 of the Reclamation Projects Au- mentally and economically sound manner in list of major repair and rehabilitation needs thorization and Adjustment Act of 1992 (43 the interest of the people of the United of individual Reclamation facilities at each U.S.C. 390h–12c), the maximum amount of States: Reclamation project. the Federal share of the cost of the project

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S523 under section 1631(d)(1) of that Act (43 U.S.C. (10) in paragraph (8) (as redesignated by hancement improvements in the Yakima 390h–13(d)(1)) otherwise available as of the paragraph (6)), by striking the period at the River basin.’’. date of enactment of this Act shall be re- end and inserting a semicolon; and SEC. 6323. YAKIMA RIVER BASIN WATER CON- duced by $2,000,000. (11) by adding at the end the following: SERVATION PROGRAM. PART III—YAKIMA RIVER BASIN WATER ‘‘(9) to improve the resilience of the eco- Section 1203 of Public Law 103–434 (108 ENHANCEMENT systems, economies, and communities in the Stat. 4551) is amended— Basin as they face drought, hydrologic SEC. 6321. SHORT TITLE. (1) in subsection (a)— changes, and other related changes and vari- This part may be cited as the ‘‘Yakima (A) in paragraph (1)— ability in natural and human systems, for River Basin Water Enhancement Project (i) in the second sentence, by striking the benefit of both the people and the fish Phase III Act of 2016’’. ‘‘title’’ and inserting ‘‘section’’; and and wildlife of the region; and (ii) in the third sentence, by striking SEC. 6322. MODIFICATION OF TERMS, PURPOSES, ‘‘(10) to authorize and implement the Yak- AND DEFINITIONS. ‘‘within 5 years of the date of enactment of ima River Basin Integrated Water Resource (a) MODIFICATION OF TERMS.—Title XII of this Act’’; and Management Plan as Phase III of the Yak- Public Law 103–434 (108 Stat. 4550) is amend- (B) in paragraph (2), by striking ‘‘irriga- ima River Basin Water Enhancement ed— tion’’ and inserting ‘‘the number of irrigated Project, as a balanced and cost-effective ap- (1) by striking ‘‘Yakama Indian’’ each acres’’; proach to maximize benefits to the commu- place it appears (except section 1204(g)) and (2) in subsection (c)— nities and environment in the Basin.’’. (A) in paragraph (2)— inserting ‘‘Yakama’’; and (c) MODIFICATION OF DEFINITIONS.—Section (2) by striking ‘‘Superintendent’’ each 1202 of Public Law 103–434 (108 Stat. 4550) is (i) in each of subparagraphs (A) through place it appears and inserting ‘‘Manager’’. amended— (D), by striking the comma at the end and (b) MODIFICATION OF PURPOSES.—Section (1) by redesignating paragraphs (6), (7), (8), inserting a semicolon; 1201 of Public Law 103–434 (108 Stat. 4550) is (9), (10), (11), (12), (13), and (14) as paragraphs (ii) in subparagraph (E), by striking the amended— (8), (10), (11), (13), (14), (15), (16), (18), and (19), comma at the end and inserting ‘‘; and’’; (1) by striking paragraph (1) and inserting respectively; (iii) in subparagraph (F), by striking ‘‘De- the following: (2) by inserting after paragraph (5) the fol- partment of Wildlife of the State of Wash- ‘‘(1) to protect, mitigate, and enhance fish lowing: ington, and’’ and inserting ‘‘Department of and wildlife and the recovery and mainte- ‘‘(6) DESIGNATED FEDERAL OFFICIAL.—The Fish and Wildlife of the State of Wash- nance of self-sustaining harvestable popu- term ‘designated Federal official’ means the ington.’’; and lations of fish and other aquatic life, both Commissioner of Reclamation (or a des- (iv) by striking subparagraph (G); anadromous and resident species, throughout ignee), acting pursuant to the charter of the (B) in paragraph (3)— their historic distribution range in the Yak- Conservation Advisory Group. (i) in each of subparagraphs (A) through ima Basin through— ‘‘(7) INTEGRATED PLAN.—The terms ‘Inte- (C), by striking the comma at the end and in- ‘‘(A) improved water management and the grated Plan’ and ‘Yakima River Basin Inte- serting a semicolon; constructions of fish passage at storage and grated Water Resource Plan’ mean the plan (ii) in subparagraph (D), by striking ‘‘, diversion dams, as authorized under the Hoo- and activities authorized by the Yakima and’’ and inserting a semicolon; ver Power Plant Act of 1984 (43 U.S.C. 619 et River Basin Water Enhancement Project (iii) in subparagraph (E), by striking the seq.); Phase III Act of 2016 and the amendments period at the end and inserting ‘‘; and’’; and ‘‘(B) improved instream flows and water made by that part, to be carried out in co- (iv) by adding at the end the following: supplies; operation with and in addition to activities ‘‘(F) provide recommendations to advance ‘‘(C) improved water quality, watershed, of the State of Washington and Yakama Na- the purposes and programs of the Yakima and ecosystem function; tion.’’; Enhancement Project, including the Inte- ‘‘(D) protection, creation, and enhance- (3) by inserting after paragraph (8) (as re- grated Plan.’’; and ment of wetlands; and designated by paragraph (1)) the following: (C) by striking paragraph (4) and inserting ‘‘(E) other appropriate means of habitat ‘‘(9) MUNICIPAL, INDUSTRIAL, AND DOMESTIC the following: improvement;’’; WATER SUPPLY AND USE.—The term ‘munic- ‘‘(4) AUTHORITY OF DESIGNATED FEDERAL OF- (2) in paragraph (2), by inserting ‘‘, munic- ipal, industrial, and domestic water supply FICIAL.—The designated Federal official ipal, industrial, and domestic water supply and use’ means the supply and use of water may— and use purposes, especially during drought for— ‘‘(A) arrange and provide logistical support years, including reducing the frequency and ‘‘(A) domestic consumption (whether urban for meetings of the Conservation Advisory severity of water supply shortages for pro- or rural); Group; ratable irrigation entities’’ before the semi- ‘‘(B) maintenance and protection of public ‘‘(B) use a facilitator to serve as a moder- colon at the end; health and safety; ator for meetings of the Conservation Advi- (3) by striking paragraph (4); ‘‘(C) manufacture, fabrication, processing, sory Group or provide additional logistical (4) by redesignating paragraph (3) as para- assembly, or other production of a good or support; and graph (4); commodity; ‘‘(C) grant any request for a facilitator by (5) by inserting after paragraph (2) the fol- ‘‘(D) production of energy; any member of the Conservation Advisory lowing: ‘‘(E) fish hatcheries; or Group.’’; ‘‘(3) to authorize the Secretary to make ‘‘(F) water conservation activities relating (3) in subsection (d), by adding at the end water available for purchase or lease for to a use described in subparagraphs (A) the following: meeting municipal, industrial, and domestic through (E).’’; ‘‘(4) PAYMENT OF LOCAL SHARE BY STATE OR water supply purposes;’’; (4) by inserting after paragraph (11) (as re- FEDERAL GOVERNMENT.— (6) by redesignating paragraphs (5) and (6) designated by paragraph (1)) the following: ‘‘(A) IN GENERAL.—The State or the Fed- as paragraphs (6) and (8), respectively; ‘‘(12) PRORATABLE IRRIGATION ENTITY.—The eral Government may fund not more than (7) by inserting after paragraph (4) (as so term ‘proratable irrigation entity’ means a the 17.5 percent local share of the costs of redesignated) the following: district, project, or State-recognized author- the Basin Conservation Program in exchange ‘‘(5) to realize sufficient water savings ity, board of control, agency, or entity lo- for the long-term use of conserved water, from implementing the Yakima River Basin cated in the Yakima River basin that— subject to the requirement that the funding Integrated Water Resource Management ‘‘(A) manages and delivers irrigation water by the Federal Government of the local Plan, so that not less than 85,000 acre feet of to farms in the basin; and share of the costs shall provide a quantifi- water savings are achieved by implementing ‘‘(B) possesses, or the members of which able public benefit in meeting Federal re- the first phase of the Integrated Plan pursu- possess, water rights that are proratable dur- sponsibilities in the Basin and the purposes ant to section 1213(a), in addition to the ing periods of water shortage.’’; and of this title. 165,000 acre feet of water savings targeted (5) by inserting after paragraph (16) (as re- ‘‘(B) USE OF CONSERVED WATER.—The Yak- through the Basin Conservation Program, as designated by paragraph (1)) the following: ima Project Manager may use water result- authorized on October 31, 1994;’’; ‘‘(17) YAKIMA ENHANCEMENT PROJECT; YAK- ing from conservation measures taken under (8) in paragraph (6) (as so redesignated)— IMA RIVER BASIN WATER ENHANCEMENT this title, in addition to water that the Bu- (A) by inserting ‘‘an increase in’’ before PROJECT.—The terms ‘Yakima Enhancement reau of Reclamation may acquire from any ‘‘voluntary’’; and Project’ and ‘Yakima River Basin Water En- willing seller through purchase, donation, or (B) by striking ‘‘and’’ at the end; hancement Project’ mean the Yakima River lease, for water management uses pursuant (9) by inserting after paragraph (6) (as so basin water enhancement project authorized to this title.’’; redesignated) the following: by Congress pursuant to this Act and other (4) in subsection (e), by striking the first ‘‘(7) to encourage an increase in the use of, Acts (including Public Law 96–162 (93 Stat. sentence and inserting the following: ‘‘To and reduce the barriers to, water transfers, 1241), section 109 of Public Law 98–381 (16 participate in the Basin Conservation Pro- leasing, markets, and other voluntary trans- U.S.C. 839b note; 98 Stat. 1340), Public Law gram, as described in subsection (b), an enti- actions among public and private entities to 105–62 (111 Stat. 1320), and Public Law 106–372 ty shall submit to the Secretary a proposed enhance water management in the Yakima (114 Stat. 1425)) to promote water conserva- water conservation plan.’’; River basin;’’; tion, water supply, habitat, and stream en- (5) in subsection (i)(3)—

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S524 CONGRESSIONAL RECORD — SENATE February 2, 2016 (A) by striking ‘‘purchase or lease’’ each ‘‘(C) Recreation. (vi) in subparagraph (E) (as redesignated place it appears and inserting ‘‘purchase, ‘‘(D) Municipal, industrial, and domestic by clause (iv)), by striking ‘‘ground water’’ lease, or management’’; and use.’’. and inserting ‘‘groundwater recharge and’’; (B) in the third sentence, by striking (vii) in subparagraph (G) (as redesignated (c) LAKE CLE ELUM AUTHORIZATION OF AP- ‘‘made immediately upon availability’’ and by clause (iv)), by inserting ‘‘or transfer’’ PROPRIATIONS.—Section 1206(a)(1) of Public all that follows through ‘‘Committee’’ and after ‘‘purchase’’; and Law 103–434 (108 Stat. 4560), is amended, in inserting ‘‘continued as needed to provide (viii) in subparagraph (H) (as redesignated the matter preceding subparagraph (A), by water to be used by the Yakima Project by clause (iv)), by inserting ‘‘stream proc- Manager as recommended by the System Op- striking ‘‘at September’’ and all that follows esses and’’ before ‘‘stream habitats’’; erations Advisory Committee and the Con- through ‘‘to—’’ and inserting ‘‘not more than (B) in paragraph (2)— servation Advisory Group’’; and $12,000,000 to—’’. (i) in the matter preceding subparagraph (6) in subsection (j)(4), in the first sen- (d) ENHANCEMENT OF WATER SUPPLIES FOR (A), by striking ‘‘the Taneum Creek study’’ tence, by striking ‘‘initial acquisition’’ and YAKIMA BASIN TRIBUTARIES.—Section 1207 of and inserting ‘‘studies under this sub- all that follows through ‘‘flushing flows’’ and Public Law 103–434 (108 Stat. 4560) is amend- section’’; inserting ‘‘acquisition of water from willing ed— (ii) in subparagraph (B)— sellers or lessors specifically to provide im- (1) in the heading, by striking ‘‘SUPPLIES’’ (I) by striking ‘‘and economic’’ and insert- proved instream flows for anadromous and and inserting ‘‘ ’’; ing ‘‘, infrastructure, economic, and land resident fish and other aquatic life, including MANAGEMENT (2) in subsection (a)— use’’; and pulse flows to facilitate outward migration (A) in the matter preceding paragraph (1), (II) by striking ‘‘and’’ at the end; of anadromous fish’’. by striking ‘‘supplies’’ and inserting ‘‘man- (iii) in subparagraph (C), by striking the SEC. 6324. YAKIMA BASIN WATER PROJECTS, OP- agement’’; period at the end and inserting ‘‘; and’’; and ERATIONS, AND AUTHORIZATIONS. (B) in paragraph (1), by inserting ‘‘and (iv) by adding at the end the following: (a) YAKAMA NATION PROJECTS.—Section water supply entities’’ after ‘‘owners’’; and ‘‘(D) any related studies already underway 1204 of Public Law 103–434 (108 Stat. 4555) is or undertaken.’’; and amended— (C) in paragraph (2)— (i) in subparagraph (A), by inserting ‘‘that (C) in paragraph (3), in the first sentence, (1) in subsection (a)(2), in the first sen- by inserting ‘‘of each tributary or group of tence, by striking ‘‘not more than choose not to participate or opt out of tribu- tary enhancement projects pursuant to this tributaries’’ after ‘‘study’’; $23,000,000’’ and inserting ‘‘not more than (4) in subsection (c)— $100,000,000’’; and section’’ after ‘‘water right owners’’; and (A) in the heading, by inserting ‘‘AND NON- (2) in subsection (g)— (ii) in subparagraph (B), by inserting ‘‘non- SURFACE STORAGE’’ after ‘‘NONSTORAGE’’; and (A) by striking the subsection heading and participating’’ before ‘‘tributary water (B) in the matter preceding paragraph (1), inserting ‘‘REDESIGNATION OF YAKAMA INDIAN users’’; by inserting ‘‘and nonsurface storage’’ after NATION TO YAKAMA NATION.—’’; (3) in subsection (b)— ‘‘nonstorage’’; (B) by striking paragraph (1) and inserting (A) in paragraph (1)— (5) by striking subsection (d); the following: (i) by striking the paragraph designation (6) by redesignating subsection (e) as sub- ‘‘(1) REDESIGNATION.—The Confederated and all that follows through ‘‘(but not lim- section (d); and Tribes and Bands of the Yakama Indian Na- ited to)—’’ and inserting the following: (7) in paragraph (2) of subsection (d) (as so tion shall be known and designated as the ‘‘(1) IN GENERAL.—The Secretary, following redesignated)— ‘Confederated Tribes and Bands of the consultation with the State of Washington, Yakama Nation’.’’; and tributary water right owners, and the (A) in the first sentence— (C) in paragraph (2), by striking ‘‘deemed Yakama Nation, and on agreement of appro- (i) by inserting ‘‘and implementation’’ to be a reference to the ‘Confederated Tribes priate water right owners, is authorized to after ‘‘investigation’’; and Bands of the Yakama Indian Nation’.’’ conduct studies to evaluate measures to fur- (ii) by striking ‘‘other’’ before ‘‘Yakima and inserting ‘‘deemed to be a reference to ther Yakima Project purposes on tributaries River’’; and the ‘Confederated Tribes and Bands of the to the Yakima River. Enhancement pro- (iii) by inserting ‘‘and other water supply Yakama Nation’.’’. grams that use measures authorized by this entities’’ after ‘‘owners’’; and (b) OPERATION OF YAKIMA BASIN subsection may be investigated and imple- (B) by striking the second sentence. (e) CHANDLER PUMPING PLANT AND POWER- PROJECTS.—Section 1205 of Public Law 103– mented by the Secretary in tributaries to 434 (108 Stat. 4557) is amended— the Yakima River, including Taneum Creek, PLANT-OPERATIONS AT PROSSER DIVERSION (1) in subsection (a)— other areas, or tributary basins that cur- DAM.—Section 1208(d) of Public Law 103–434 (A) in paragraph (4)— rently or could potentially be provided sup- (108 Stat. 4562; 114 Stat. 1425) is amended by (i) in subparagraph (A)— plemental or transfer water by entities, such inserting ‘‘negatively’’ before ‘‘affected’’. (f) INTERIM COMPREHENSIVE BASIN OPER- (I) in clause (i)— as the Kittitas Reclamation District or the ATING PLAN.—Section 1210(c) of Public Law (aa) by inserting ‘‘additional’’ after ‘‘se- Yakima-Tieton Irrigation District, subject 103–434 (108 Stat. 4564) is amended by striking cure’’; to the condition that activities may com- ‘‘$100,000’’ and inserting ‘‘$200,000’’. (bb) by striking ‘‘flushing’’ and inserting mence on completion of applicable and re- (g) ENVIRONMENTAL COMPLIANCE.—Section ‘‘pulse’’; and quired feasibility studies, environmental re- 1211 of Public Law 103–434 (108 Stat. 4564) is (cc) by striking ‘‘uses’’ and inserting ‘‘uses, views, and cost-benefit analyses that include amended by striking ‘‘$2,000,000’’ and insert- in addition to the quantity of water provided favorable recommendations for further ing ‘‘$5,000,000’’. under the treaty between the Yakama Na- project development, as appropriate. Meas- tion and the United States’’; ures to evaluate include—’’; SEC. 6325. AUTHORIZATION OF PHASE III OF YAK- IMA RIVER BASIN WATER ENHANCE- (II) by striking clause (ii); (ii) by indenting subparagraphs (A) MENT PROJECT. (III) by redesignating clause (iii) as clause through (F) appropriately; Title XII of Public Law 103–434 (108 Stat. (ii); and (iii) in subparagraph (A), by inserting be- 4550) is amended by adding at the end the fol- (IV) in clause (ii) (as so redesignated) by fore the semicolon at the end the following: lowing: inserting ‘‘and water rights mandated’’ after ‘‘, including irrigation efficiency improve- ‘‘SEC. 1213. AUTHORIZATION OF THE INTE- ‘‘goals’’; and ments (in coordination with programs of the GRATED PLAN AS PHASE III OF YAK- (ii) in subparagraph (B)(i), in the first sen- Department of Agriculture), consolidation of IMA RIVER BASIN WATER ENHANCE- tence, by inserting ‘‘in proportion to the diversions or administration, and diversion MENT PROJECT. funding received’’ after ‘‘Program’’; scheduling or coordination’’; ‘‘(a) INTEGRATED PLAN.— (2) in subsection (b) (as amended by section (iv) by redesignating subparagraphs (C) ‘‘(1) IN GENERAL.—The Secretary shall im- 6322(a)(2)), in the second sentence, by strik- through (F) as subparagraphs (E) through plement the Integrated Plan as Phase III of ing ‘‘instream flows for use by the Yakima (H), respectively; the Yakima River Basin Water Enhancement Project Manager as flushing flows or as oth- (v) by inserting after subparagraph (B) the Project in accordance with this section and erwise’’ and inserting ‘‘fishery purposes, as’’; following: applicable laws. and ‘‘(C) improvements in irrigation system ‘‘(2) INITIAL DEVELOPMENT PHASE OF THE IN- (3) in subsection (e), by striking paragraph management or delivery facilities within the TEGRATED PLAN.— (1) and inserting the following: Yakima River basin when those improve- ‘‘(A) IN GENERAL.—The Secretary, in co- ‘‘(1) IN GENERAL.—Additional purposes of ments allow for increased irrigation system ordination with the State of Washington and the Yakima Project shall be any of the fol- conveyance and corresponding reduction in Yakama Nation and subject to feasibility lowing: diversion from tributaries or flow enhance- studies, environmental reviews, and the ‘‘(A) To recover and maintain self-sus- ments to tributaries through direct flow sup- availability of appropriations, shall imple- taining harvestable populations of native plementation or groundwater recharge; ment an initial development phase of the In- fish, both anadromous and resident species, ‘‘(D) improvements of irrigation system tegrated Plan, to— throughout their historic distribution range management or delivery facilities to reduce ‘‘(i) complete the planning, design, and in the Yakima Basin. or eliminate excessively high flows caused construction or development of upstream ‘‘(B) To protect, mitigate, and enhance by the use of natural streams for conveyance and downstream fish passage facilities, as aquatic life and wildlife. or irrigation water or return water;’’; previously authorized by the Hoover Power

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S525 Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle ‘‘(II) To combine or relocate diversion ‘‘(iii) identify the amount of Federal fund- Elum Reservoir and another Yakima Project points, remove fish barriers, or for other ac- ing and non-Federal contributions received reservoir identified by the Secretary as con- tivities that increase flows or improve habi- and expended during the period covered by sistent with the Integrated Plan, subject to tat in the Yakima River and its tributaries the report; the condition that, if the Yakima Project in furtherance of this title. ‘‘(iv) describe the pace of project develop- reservoir identified by the Secretary con- ‘‘(III) To implement, in partnership with ment during the period covered by the re- tains a hydropower project licensed by the Federal and non-Federal entities, projects to port; Federal Energy Regulatory Commission, the enhance the health and resilience of the wa- ‘‘(v) identify additional projects and activi- Secretary shall cooperate with the Federal tershed. ties proposed for inclusion in any future Energy Regulatory Commission in a timely ‘‘(B) COMMENCEMENT DATE.—The Secretary phase of the Integrated Plan to address the manner to ensure that actions taken by the shall commence implementation of the ac- objectives of the Integrated Plan, as applied Secretary are consistent with the applicable tivities included under the initial develop- to all elements of the Integrated Plan; and hydropower project license; ment phase pursuant to this paragraph— ‘‘(vi) for water supply projects— ‘‘(ii) negotiate long-term agreements with ‘‘(i) on the date of enactment of this sec- ‘‘(I) provide a preliminary discussion of the participating proratable irrigation entities tion; and means by which— in the Yakima Basin and, acting through the ‘‘(ii) on completion of applicable feasibility ‘‘(aa) water and costs associated with each Bureau of Reclamation, coordinate between studies, environmental reviews, and cost- recommended project would be allocated Bureaus of the Department of the Interior benefit analyses that include favorable rec- among authorized uses; and and with the heads of other Federal agencies ommendations for further project develop- ‘‘(bb) those allocations would be consistent to negotiate agreements concerning leases, ment. with the objectives of the Integrated Plan; easements, and rights-of-way on Federal ‘‘(3) INTERMEDIATE AND FINAL PHASES.— and land, and other terms and conditions deter- ‘‘(A) IN GENERAL.—The Secretary, in co- ‘‘(II) establish a plan for soliciting and for- mined to be necessary to allow for the non- ordination with the State of Washington and malizing subscriptions among individuals Federal financing, construction, operation, in consultation with the Yakama Nation, and entities for participation in any of the and maintenance of— shall develop plans for intermediate and recommended water supply projects that will ‘‘(I) new facilities needed to access and de- final development phases of the Integrated establish the terms for participation, includ- liver inactive storage in Lake Kachess for Plan to achieve the purposes of this Act, in- ing fiscal obligations associated with sub- the purpose of providing drought relief for ir- cluding conducting applicable feasibility scription. rigation (known as the ‘Kachess Drought Re- studies, environmental reviews, and other ‘‘(b) FINANCING, CONSTRUCTION, OPERATION, lief Pumping Plant’); and relevant studies needed to develop the plans. AND MAINTENANCE OF KACHESS DROUGHT RE- ‘‘(II) a conveyance system to allow transfer ‘‘(B) INTERMEDIATE PHASE.—The Secretary LIEF PUMPING PLANT AND K TO K PIPELINE.— of water between Keechelus Reservoir to shall develop an intermediate development ‘‘(1) AGREEMENTS.—Long-term agreements Kachess Reservoir for purposes of improving phase to implement the Integrated Plan negotiated between the Secretary and par- operational flexibility for the benefit of both that, subject to authorization and appropria- ticipating proratable irrigation entities in fish and irrigation (known as the ‘K to K tion, would commence not later than 10 the Yakima Basin for the non-Federal fi- Pipeline’); years after the date of enactment of this sec- nancing, construction, operation, and main- ‘‘(iii) participate in, provide funding for, tion. tenance of the Drought Relief Pumping and accept non-Federal financing for— ‘‘(C) FINAL PHASE.—The Secretary shall de- Plant and K to K Pipeline shall include pro- ‘‘(I) water conservation projects, not sub- velop a final development phase to imple- visions regarding— ject to the provisions of the Basin Conserva- ment the Integrated Plan that, subject to ‘‘(A) responsibilities of the participating tion Program described in section 1203, that authorization and appropriation, would com- proratable irrigation entities for the plan- are intended to partially implement the In- mence not later than 20 years after the date ning, design, and construction of infrastruc- tegrated Plan by providing 85,000 acre-feet of of enactment of this section. ture in consultation and coordination with conserved water to improve tributary and ‘‘(4) CONTINGENCIES.—The implementation the Secretary; mainstem stream flow; and by the Secretary of projects and activities ‘‘(B) property titles and responsibilities of ‘‘(II) aquifer storage and recovery projects; identified for implementation under the In- the participating proratable irrigation enti- ‘‘(iv) study, evaluate, and conduct feasi- tegrated Plan shall be— ties for the maintenance of and liability for bility analyses and environmental reviews of ‘‘(A) subject to authorization and appro- all infrastructure constructed under this fish passage, water supply (including ground- priation; title; water and surface water storage), conserva- ‘‘(B) contingent on the completion of appli- ‘‘(C) operation and integration of the tion, habitat restoration projects, and other cable feasibility studies, environmental re- projects by the Secretary in the operation of alternatives identified as consistent with the views, and cost-benefit analyses that include the Yakima Project; purposes of this Act, for the initial and fu- favorable recommendations for further ‘‘(D) costs associated with the design, fi- ture phases of the Integrated Plan; project development; nancing, construction, operation, mainte- ‘‘(v) coordinate with and assist the State of ‘‘(C) implemented on public review and a nance, and mitigation of projects, with the Washington in implementing a robust water determination by the Secretary that design, costs of Federal oversight and review to be market to enhance water management in the construction, and operation of a proposed nonreimbursable to the participating prorat- Yakima River basin, including— project or activity is in the best interest of able irrigation entities and the Yakima ‘‘(I) assisting in identifying ways to en- the public; and Project; and courage and increase the use of, and reduce ‘‘(D) in compliance with all applicable ‘‘(E) responsibilities for the pumping and the barriers to, water transfers, leasing, laws, including the National Environmental operational costs necessary to provide the markets, and other voluntary transactions Policy Act of 1969 (42 U.S.C. 4321 et seq.) and total water supply available made inacces- among public and private entities in the the Endangered Species Act of 1973 (16 U.S.C. sible due to drought pumping during the pre- Yakima River basin; 1531 et seq). ceding 1 or more calendar years, in the event ‘‘(II) providing technical assistance, in- ‘‘(5) PROGRESS REPORT.— that the Kachess Reservoir fails to refill as a cluding scientific data and market informa- ‘‘(A) IN GENERAL.—Not later than 5 years result of pumping drought storage water dur- tion; and after the date of enactment of this section, ing the preceding 1 or more calendar years, ‘‘(III) negotiating agreements that would the Secretary, in conjunction with the State which shall remain the responsibility of the facilitate voluntary water transfers between of Washington and in consultation with the participating proratable irrigation entities. entities, including as appropriate, the use of Yakama Nation, shall submit to the Com- ‘‘(2) USE OF KACHESS RESERVOIR STORED federally managed infrastructure; and mittee on Energy and Natural Resources of WATER.— ‘‘(vi) enter into cooperative agreements the Senate and the Committee on Natural ‘‘(A) IN GENERAL.—The additional stored with, or, subject to a minimum non-Federal Resources of the House of Representatives a water made available by the construction of cost-sharing requirement of 50 percent, make progress report on the development and im- facilities to access and deliver inactive stor- grants to, the Yakama Nation, the State of plementation of the Integrated Plan. age in Kachess Reservoir under subsection Washington, Yakima River basin irrigation ‘‘(B) REQUIREMENTS.—The progress report (a)(2)(A)(ii)(I) shall— districts, water districts, conservation dis- under this paragraph shall— ‘‘(i) be considered to be Yakima Project tricts, other local governmental entities, ‘‘(i) provide a review and reassessment, if water; nonprofit organizations, and land owners to needed, of the objectives of the Integrated ‘‘(ii) not be part of the total water supply carry out this title under such terms and Plan, as applied to all elements of the Inte- available, as that term is defined in various conditions as the Secretary may require, in- grated Plan; court rulings; and cluding the following purposes: ‘‘(ii) assess, through performance metrics ‘‘(iii) be used exclusively by the Sec- ‘‘(I) Land and water transfers, leases, and developed at the initiation of, and measured retary— acquisitions from willing participants, so throughout the implementation of, the Inte- ‘‘(I) to enhance the water supply in years long as the acquiring entity shall hold title grated Plan, the degree to which the imple- when the total water supply available is not and be responsible for any and all required mentation of the initial development phase sufficient to provide 70 percent of proratable operations, maintenance, and management addresses the objectives and all elements of entitlements in order to make that addi- of that land and water. the Integrated Plan; tional water available up to 70 percent of

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S526 CONGRESSIONAL RECORD — SENATE February 2, 2016 proratable entitlements to the Kittitas Rec- able irrigation districts, as determined by ‘‘(ii) to supplement municipal supply in a lamation District, the Roza Irrigation Dis- the Secretary; and subsurface aquifer; or trict, or other proratable irrigation entities ‘‘(iii) the Secretary determines that it is ‘‘(iii) to mitigate the effect of groundwater participating in the construction, operation, appropriate to provide power under that sub- use on instream flow or senior water rights. and maintenance costs of the facilities under paragraph. ‘‘(C) Aquifer storage and recovery projects this title under such terms and conditions to ‘‘(C) PERIOD OF AVAILABILITY.—Power designed to supplement existing irrigation which the districts may agree, subject to the under subparagraph (A) shall be provided water supply, or to store water in subsurface conditions that— until the date on which the Secretary deter- aquifers, for use by the Kittitas Reclamation ‘‘(aa) the Bureau of Indian Affairs, the mines that power should no longer be pro- District, the Roza Irrigation District, or any Wapato Irrigation Project, and the Yakama vided under that subparagraph, but for not other proratable irrigation entity partici- Nation, on an election to participate, may more than a 1-year period or the period dur- pating in the repayment of the construction, also obtain water from Kachess Reservoir in- ing which the Secretary determines that operation, and maintenance costs of the fa- active storage to enhance applicable existing drought mitigation measures are necessary cilities under this section during years in irrigation water supply in accordance with in the Yakima River basin. which the total water supply available is in- such terms and conditions to which the Bu- ‘‘(D) RATE.—The Administrator of the Bon- sufficient to provide to those proratable irri- reau of Indian Affairs and the Yakama Na- neville Power Administration shall provide gation entities all water to which the enti- tion may agree; and power under subparagraph (A) at the then- ties are entitled, subject to the conditions ‘‘(bb) the additional supply made available applicable lowest Bonneville Power Adminis- that— under this clause shall be available to par- tration rate for public body, cooperative, and ‘‘(i) the Bureau of Indian Affairs, the ticipating individuals and entities in propor- Federal agency customers firm obligations, Wapato Irrigation Project, and the Yakama tion to the proratable entitlements of the which as of the date of enactment of this sec- Nation, on an election to participate, may participating individuals and entities, or in tion is the priority firm Tier 1 rate, and shall also obtain water from aquifer storage to en- such other proportion as the participating not include any irrigation discount. hance applicable existing irrigation water entities may agree; and ‘‘(E) LOCAL PROVIDER.—During any period supply in accordance with such terms and ‘‘(II) to facilitate reservoir operations in in which power is not being provided under conditions to which the Bureau of Indian Af- the reach of the Yakima River between subparagraph (A), the power needed to oper- fairs and the Yakama Nation may agree; and Keechelus Dam and Easton Dam for the ate the Kachess Pumping Plant shall be ob- ‘‘(ii) nothing in this subparagraph affects propagation of anadromous fish. tained by the Secretary from a local pro- (as in existence on the date of enactment of ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in vider. this section) any contract, law (including this paragraph affects (as in existence on the ‘‘(F) COSTS.—The cost of power for such regulations) relating to repayment costs, date of enactment of this section) any con- pumping, station service power, and all costs water right, or Yakama Nation treaty right. tract, law (including regulations) relating to of transmitting power from the Federal Co- ‘‘(d) FEDERAL COST-SHARE.— repayment costs, water right, or Yakama lumbia River Power System to the Yakima Nation treaty right. ‘‘(1) IN GENERAL.—The Federal cost-share Enhancement Project pumping facilities of a project carried out under this section ‘‘(3) COMMENCEMENT.—The Secretary shall shall be borne by irrigation districts receiv- not commence entering into agreements pur- shall be determined in accordance with the ing the benefits of that water. suant to subsection (a)(2)(A)(ii) or subsection applicable laws (including regulations) and ‘‘(G) DUTIES OF COMMISSIONER.—The Com- (b)(1) or implementing any activities pursu- policies of the Bureau of Reclamation. missioner of Reclamation shall be respon- ant to the agreements before the date on ‘‘(2) INITIAL PHASE.—The Federal cost-share sible for arranging transmission for deliv- which— for the initial development phase of the Inte- eries of Federal power over the Bonneville ‘‘(A) all applicable and required feasibility grated Plan shall not exceed 50 percent of system through applicable tariff and busi- studies, environmental reviews, and cost- the total cost of the initial development ness practice processes of the Bonneville sys- benefit analyses have been completed and in- phase. tem and for arranging transmission for deliv- clude favorable recommendations for further ‘‘(3) STATE AND OTHER CONTRIBUTIONS.—The eries of power obtained from a local pro- project development, including an analysis Secretary may accept as part of the non-Fed- of— vider. eral cost-share of a project carried out under ‘‘(i) the impacts of the agreements and ac- ‘‘(c) DESIGN AND USE OF GROUNDWATER RE- this section, and expend as if appropriated, tivities conducted pursuant to subsection CHARGE PROJECTS.— any contribution (including in-kind services) (a)(2)(A)(ii) on adjacent communities, includ- ‘‘(1) IN GENERAL.—Any water supply that by the State of Washington or any other in- ing potential fire hazards, water access for results from an aquifer storage and recovery dividual or entity that the Secretary deter- fire districts, community and homeowner project shall not be considered to be a part of mines will enhance the conduct and comple- wells, future water levels based on projected the total water supply available if— tion of the project. usage, recreational values, and property val- ‘‘(A) the water for the aquifer storage and ‘‘(4) LIMITATION ON USE OF OTHER FEDERAL ues; and recovery project would not be available for FUNDS.—Except as otherwise provided in this ‘‘(ii) specific options and measures for use, but instead for the development of the title, other Federal funds may not be used to mitigating the impacts, as appropriate; project; provide the non-Federal cost-share of a ‘‘(B) the Secretary has made the agree- ‘‘(B) the aquifer storage and recovery project carried out under this section. ments and any applicable project designs, project will not otherwise impair any water ‘‘(e) SAVINGS AND CONTINGENCIES.—Nothing operations plans, and other documents avail- supply available for any individual or entity in this section shall— able for public review and comment in the entitled to use the total water supply avail- ‘‘(1) be a new or supplemental benefit for Federal Register for a period of not less than able; and purposes of the Reclamation Reform Act of 60 days; and ‘‘(C) the development of the aquifer storage 1982 (43 U.S.C. 390aa et seq.); ‘‘(C) the Secretary has made a determina- and recovery project will not impair fish or ‘‘(2) affect any contract in existence on the tion, consistent with applicable law, that the other aquatic life in any localized stream date of enactment of the Yakima River agreements and activities to which the reach. Basin Water Enhancement Project Phase III agreements relate— ‘‘(2) PROJECT TYPES.—The Secretary may Act of 2016 that was executed pursuant to the ‘‘(i) are in the public interest; and provide technical assistance for, and partici- reclamation laws; ‘‘(ii) could be implemented without signifi- pate in, any of the following 3 types of ‘‘(3) affect any contract or agreement be- cant adverse impacts to the environment. groundwater recharge projects (including the tween the Bureau of Indian Affairs and the ‘‘(4) ELECTRICAL POWER ASSOCIATED WITH incorporation of groundwater recharge Bureau of Reclamation; KACHESS DROUGHT RELIEF PUMPING PLANT.— projects into Yakima Project operations, as ‘‘(4) affect, waive, abrogate, diminish, de- ‘‘(A) IN GENERAL.—The Administrator of appropriate): fine, or interpret the treaty between the the Bonneville Power Administration, pursu- ‘‘(A) Aquifer recharge projects designed to Yakama Nation and the United States; or ant to the Pacific Northwest Electric Power redistribute Yakima Project water within a ‘‘(5) constrain the continued authority of Planning and Conservation Act (16 U.S.C. 839 water year for the purposes of supplementing the Secretary to provide fish passage in the et seq.), shall provide to the Secretary stream flow during the irrigation season, Yakima Basin in accordance with the Hoover project power to operate the Kachess Pump- particularly during storage control, subject Power Plant Act of 1984 (43 U.S.C 619 et seq.). ing Plant constructed under this title if in- to the condition that if such a project is de- active storage in Kachess Reservoir is needed signed to supplement a mainstem reach, the ‘‘SEC. 1214. OPERATIONAL CONTROL OF WATER to provide drought relief for irrigation, sub- water supply that results from the project SUPPLIES. ject to the requirements of subparagraphs shall be credited to instream flow targets, in ‘‘The Secretary shall retain authority and (B) and (C). lieu of using the total water supply available discretion over the management of project ‘‘(B) DETERMINATION.—Power may be pro- to meet those targets. supplies to optimize operational use and vided under subparagraph (A) only if— ‘‘(B) Aquifer storage and recovery projects flexibility to ensure compliance with all ap- ‘‘(i) there is in effect a drought declaration that are designed, within a given water year plicable Federal and State laws, treaty issued by the State of Washington; or over multiple water years— rights of the Yakama Nation, and legal obli- ‘‘(ii) there are conditions that have led to ‘‘(i) to supplement or mitigate for munic- gations, including those contained in this 70 percent or less water delivery to prorat- ipal uses; Act. That authority and discretion includes

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S527 the ability of the United States to store, de- manuals, including flood control rule curves, storage and reliability, hydropower produc- liver, conserve, and reuse water supplies de- based on the use of improved weather fore- tion, environmental benefits for flows and riving from projects authorized under this casting or run-off forecasting methods, new temperature, and other authorized project title.’’. watershed data, changes to project oper- benefits, without a reduction in flood safety; PART IV—RESERVOIR OPERATION ations, or structural improvements. and IMPROVEMENT (d) PILOT PROJECTS.— (5) proactive management in response to (1) IN GENERAL.—Not later than 1 year after changes in forecasts. SEC. 6331. RESERVOIR OPERATION IMPROVE- the date of identification of projects under MENT. (g) FUNDING.—The Secretary may accept subsection (c), if any, the Secretary shall (a) DEFINITIONS.—In this section: and expend amounts from non-Federal enti- carry out not fewer than 15 pilot projects, (1) RESERVED WORKS.—The term ‘‘reserved ties and other Federal agencies to fund all or which shall include not less than 6 non-Fed- a portion of the cost of carrying out a review works’’ means any Bureau of Reclamation eral projects, to implement revisions of or revision of operational documents, includ- project facility at which the Secretary of the water operations manuals, including flood ing water control plans, water control manu- Interior carries out the operation and main- control rule curves, based on the best avail- als, water control diagrams, release sched- tenance of the project facility. able science, which may include— ules, rule curves, operational agreements (2) SECRETARY.—The term ‘‘Secretary’’ (A) forecast-informed operations; means the Secretary of the Army. (B) new watershed data; and with non-Federal entities, and any associ- (3) TRANSFERRED WORKS.—The term ‘‘trans- (C) if applicable, in the case of non-Federal ated environmental documentation for— ferred works’’ means a Bureau of Reclama- projects, structural improvements. (1) a Corps of Engineers project; (2) a non-Federal project regulated for tion project facility, the operation and main- (2) CONSULTATION.—In implementing a tenance of which is carried out by a non-Fed- pilot project under this subsection, the Sec- flood control by the Secretary; or eral entity, under the provisions of a formal retary shall consult with all affected inter- (3) a Bureau of Reclamation transferred operation and maintenance transfer con- ests, including— works regulated for flood control by the Sec- tract. (A) non-Federal entities responsible for op- retary. (4) TRANSFERRED WORKS OPERATING ENTI- erations and maintenance costs of a Federal (h) EFFECT.— TY.—The term ‘‘transferred works operating facility; (1) MANUAL REVISIONS.—A revision of a entity’’ means the organization that is con- (B) individuals and entities with storage manual shall not interfere with the author- tractually responsible for operation and entitlements; and ized purposes of a Federal project or the ex- maintenance of transferred works. (C) local agencies with flood control re- isting purposes of a non-Federal project reg- (b) REPORT.—Not later than 360 days after sponsibilities downstream of a facility. ulated for flood control by the Secretary. the date of enactment of this Act, the Sec- (e) COORDINATION WITH NON-FEDERAL (2) EFFECT OF SECTION.— retary shall submit to the Committees on PROJECT ENTITIES.—If a project identified (A) Nothing in this section authorizes the Appropriations of the Senate and the House under subsection (c) is— Secretary to carry out, at a Federal dam or of Representatives, the Committee on Envi- (1) a non-Federal project, the Secretary, reservoir, any project or activity for a pur- ronment and Public Works of the Senate, prior to carrying out an activity under this pose not otherwise authorized as of the date and the Committee on Transportation and section, shall— of enactment of this Act. Infrastructure of the House of Representa- (A) consult with the non-Federal project (B) Nothing in this section affects or modi- tives a report including, for any State in owner; and fies any obligation of the Secretary under which a county designated by the Secretary (B) enter into a cooperative agreement, State law. of Agriculture as a drought disaster area memorandum of understanding, or other (3) BUREAU OF RECLAMATION RESERVED during water year 2015 is located, a list of agreement with the non-Federal project WORKS EXCLUDED.—This section— projects, including Corps of Engineers owner describing the scope and goals of the (A) shall not apply to any dam or reservoir projects, and those non-Federal projects and activity and the coordination among the par- operated by the Bureau of Reclamation as a transferred works that are operated for flood ties; and reserved work, unless all non-Federal project control in accordance with rules prescribed (2) a Federal project, the Secretary, prior sponsors of a reserved work jointly provide by the Secretary pursuant to section 7 of the to carrying out an activity under this sec- to the Secretary a written request for appli- Act of December 22, 1944 (commonly known tion, shall— cation of this section to the project; and as the ‘‘Flood Control Act of 1944’’) (58 Stat. (A) consult with each Federal and non-Fed- (B) shall apply only to Bureau of Reclama- 890, chapter 665), including, as applicable— eral entity (including a municipal water dis- tion transferred works at the written request (1) the year the original water control trict, irrigation district, joint powers au- of the transferred works operating entity. manual was approved; thority, transferred works operating entity, (i) MODIFICATIONS TO MANUALS AND (2) the year for any subsequent revisions to or other local governmental entity) that cur- CURVES.—Not later than 180 days after the the water control plan and manual of the rently— date of completion of a modification to an project; (i) manages (in whole or in part) a Federal operations manual or flood control rule (3) a list of projects for which— dam or reservoir; or curve, the Secretary shall submit to the Con- (A) operational deviations for drought con- (ii) is responsible for operations and main- gress a report regarding the components of tingency have been requested; tenance costs; and the forecast-based reservoir operations plan (B) the status of the request; and (B) enter into a cooperative agreement, incorporated into the change. (C) a description of how water conservation memorandum of understanding, or other and water quality improvements were ad- agreement with each such entity describing PART V—HYDROELECTRIC PROJECTS dressed; and the scope and goals of the activity and the (4) a list of projects for which permanent SEC. 6341. TERROR LAKE HYDROELECTRIC coordination among the parties. PROJECT UPPER HIDDEN BASIN DI- or seasonal changes to storage allocations (f) CONSIDERATION.—In designing and im- VERSION AUTHORIZATION. have been requested, and the status of the plementing a forecast-informed reservoir op- request. erations plan under subsection (d) or (g), the (a) DEFINITIONS.—In this section: (c) PROJECT IDENTIFICATION.—Not later Secretary may consult with the appropriate (1) TERROR LAKE HYDROELECTRIC PROJECT.— than 60 days after the date of completion of agencies within the Department of the Inte- The term ‘‘Terror Lake Hydroelectric the report under subsection (b), the Sec- rior and the Department of Commerce with Project’’ means the project identified in sec- retary shall identify any projects described expertise in atmospheric, meteorological, tion 1325 of the Alaska National Interest in the report— and hydrologic science to consider— Lands Conservation Act (16 U.S.C. 3212), and (1) for which the modification of the water (1) the relationship between ocean and at- which is Federal Energy Regulatory Com- operations manuals, including flood control mospheric conditions, including— mission project number 2743. rule curve, would be likely to enhance exist- (A) the El Nin˜ o and La Nin˜ a cycles; and (2) UPPER HIDDEN BASIN DIVERSION EXPAN- ing authorized project purposes, including (B) the potential for above-normal, nor- SION.—The term ‘‘Upper Hidden Basin Diver- for water supply benefits and flood control mal, and below-normal rainfall for the com- sion Expansion’’ means the expansion of the operations; ing water year, including consideration of Terror Lake Hydroelectric Project as gen- (2) for which the water control manual and atmospheric river forecasts; erally described in Exhibit E to the Upper hydrometeorological information estab- (2) the precipitation and runoff index spe- Hidden Basin Grant Application dated July lishing the flood control rule curves of the cific to the basin and watershed of the rel- 2, 2014 and submitted to the Alaska Energy project have not been substantially revised evant dam or reservoir, including incor- Authority Renewable Energy Fund Round during the 15-year period ending on the date porating knowledge of hydrological and me- VIII by Kodiak Electric Association, Inc. of review by the Secretary; and teorological conditions that influence the (b) AUTHORIZATION.—The licensee for the (3) for which the non-Federal sponsor or timing and quantity of runoff; Terror Lake Hydroelectric Project may oc- sponsors of a Corps of Engineers project, the (3) improved hydrologic forecasting for cupy not more than 20 acres of Federal land owner of a non-Federal project, or the non- precipitation, snowpack, and soil moisture to construct, operate, and maintain the Federal transferred works operating entity, conditions; Upper Hidden Basin Diversion Expansion as applicable, has submitted to the Secretary (4) an adjustment of operational flood con- without further authorization of the Sec- a written request to revise water operations trol rule curves to optimize water supply retary of the Interior or under the Alaska

VerDate Sep 11 2014 04:36 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S528 CONGRESSIONAL RECORD — SENATE February 2, 2016 National Interest Lands Conservation Act (16 section (a) has expired prior to the date of ceeding to identify and determine the mar- U.S.C. 3101 et seq.). enactment of this Act— ket, procurement, and cost recovery mecha- (c) SAVINGS CLAUSE.—The Upper Hidden (1) the Commission shall reinstate the li- nisms that would— Basin Diversion Expansion shall be subject cense effective as of the date of the expira- (1) encourage development of pumped stor- to appropriate terms and conditions included tion of the license; and age hydropower assets; and in an amendment to a license issued by the (2) the first extension authorized under (2) properly compensate those assets for Federal Energy Regulatory Commission pur- subsection (a) shall take effect on that expi- the full range of services provided to the suant to the Federal Power Act (16 U.S.C. ration date. power grid, including— 791a et seq.), including section 4(e) of that SEC. 6344. EXTENSION OF DEADLINE FOR CER- (A) balancing electricity supply and de- Act (16 U.S.C. 797(e)), following an environ- TAIN OTHER HYDROELECTRIC mand; mental review by the Commission under the PROJECTS. (B) ensuring grid reliability; and National Environmental Policy Act of 1969 (a) IN GENERAL.—Notwithstanding the time (C) cost-effectively integrating intermit- (42 U.S.C. 4321 et seq.). period specified in section 13 of the Federal tent power sources into the grid. SEC. 6342. STAY AND REINSTATEMENT OF FERC Power Act (16 U.S.C. 806) that would other- LICENSE NO. 11393 FOR THE wise apply to the Federal Energy Regulatory SA 3229. Mr. FLAKE submitted an MAHONEY LAKE HYDROELECTRIC Commission (referred to in this section as amendment intended to be proposed to PROJECT. the ‘‘Commission’’) projects numbered 12737 amendment SA 2953 proposed by Ms. (a) DEFINITIONS.—In this section: and 12740, the Commission may, at the re- MURKOWSKI to the bill S. 2012, to pro- (1) COMMISSION.—The term ‘‘Commission’’ quest of the licensee for the applicable means the Federal Energy Regulatory Com- project, and after reasonable notice, in ac- vide for the modernization of the en- mission. cordance with the good faith, due diligence, ergy policy of the United States, and (2) LICENSE.—The term ‘‘license’’ means and public interest requirements of that sec- for other purposes; which was ordered the license for Commission project number tion and the procedures of the Commission to lie on the table; as follows: 11393. under that section, extend the time period At the end of subtitle E of title IV, add the (3) LICENSEE.—The term ‘‘licensee’’ means during which the licensee is required to com- following: the holder of the license. mence the construction of the applicable SEC. 44ll. PROGRAM TO REDUCE THE POTEN- (b) STAY OF LICENSE.—On the request of project for up to 3 consecutive 2-year periods the licensee, the Commission shall issue an TIAL IMPACTS OF SOLAR ENERGY from the date of the expiration of the exten- FACILITIES ON CERTAIN SPECIES. order continuing the stay of the license. sion originally issued by the Commission. (c) LIFTING OF STAY.—On the request of the In carrying out a program of the Depart- (b) REINSTATEMENT OF EXPIRED LICENSE.— licensee, but not later than 10 years after the ment relating to solar energy or the conduct If the period required for commencement of of solar energy projects using funds provided date of enactment of this Act, the Commis- construction of a project described in sub- sion shall— by the Department, the Secretary shall es- section (a) has expired prior to the date of tablish a program to undertake research (1) issue an order lifting the stay of the li- enactment of this Act— cense under subsection (b); and that— (1) the Commission may reinstate the li- (1) identifies baseline avian populations (2) make the effective date of the license cense for the applicable project effective as the date on which the stay is lifted under and mortality; and of the date of the expiration of the license; (2) quantifies the impacts of solar energy paragraph (1). and (d) EXTENSION OF LICENSE.—On the request projects on birds, as compared to other (2) the first extension authorized under of the licensee and notwithstanding the time threats to birds. subsection (a) shall take effect on that expi- period specified in section 13 of the Federal ration. Power Act (16 U.S.C. 806) for commencement SA 3230. Mr. FRANKEN submitted an of construction of the project subject to the SEC. 6345. EQUUS BEDS DIVISION EXTENSION. amendment intended to be proposed to license, the Commission shall, after reason- Section 10(h) of Public Law 86–787 (74 Stat. amendment SA 2953 proposed by Ms. 1026; 120 Stat. 1474) is amended by striking able notice and in accordance with the good MURKOWSKI to the bill S. 2012, to pro- ‘‘10 years’’ and inserting ‘‘20 years’’. faith, due diligence, and public interest re- vide for the modernization of the en- SEC. 6346. EXTENSION OF TIME FOR A FEDERAL quirements of that section, extend the time ergy policy of the United States, and period during which the licensee is required ENERGY REGULATORY COMMISSION PROJECT INVOLVING for other purposes; which was ordered to commence the construction of the project CANNONSVILLE DAM. for not more than 3 consecutive 2-year peri- to lie on the table; as follows: (a) IN GENERAL.—Notwithstanding the time At the end of subtitle D of title II, add the ods, notwithstanding any other provision of period specified in section 13 of the Federal following: law. Power Act (16 U.S.C. 806) that would other- (e) EFFECT.—Nothing in this section wise apply to the Federal Energy Regulatory SEC. 23ll. ESTABLISHMENT OF STRATEGIC prioritizes, or creates any advantage or dis- TRANSFORMER RESERVE. Commission project numbered 13287, the Fed- advantage to, Commission project number eral Energy Regulatory Commission (re- Section 61004 of the Fixing America’s Sur- 11393 under Federal law, including the Fed- ferred to in this section as the ‘‘Commis- face Transportation Act (Public Law 114–94) eral Power Act (16 U.S.C. 791a et seq.) or the sion’’) may, at the request of the licensee for is amended— Public Utility Regulatory Policies Act of the project, and after reasonable notice, in (1) in subsection (c)(2)— 1978 (16 U.S.C. 2601 et seq.), as compared to— accordance with the good faith, due dili- (A) in subparagraph (O), by striking ‘‘and’’ (1) any electric generating facility in exist- gence, and public interest requirements of at the end; ence on the date of enactment of this Act; or that section and the procedures of the Com- (B) by redesignating subparagraph (P) as (2) any electric generating facility that mission under that section, extend the time subparagraph (Q); and may be examined, proposed, or developed period during which the licensee is required (C) by inserting after subparagraph (O) the during the period of any stay or extension of to commence construction of the project for following: the license under this section. up to 4 consecutive 2-year periods after the ‘‘(P) ways in which to prioritize the use of SEC. 6343. EXTENSION OF DEADLINE FOR HYDRO- required date of the commencement of con- domestically sourced materials in manufac- ELECTRIC PROJECT. struction described in Article 301 of the li- turing the components of the Strategic (a) IN GENERAL.—Notwithstanding the time cense. Transformer Reserve; and’’; period specified in section 13 of the Federal (2) by redesignating subsection (d) as sub- (b) REINSTATEMENT OF EXPIRED LICENSE.— Power Act (16 U.S.C. 806) that would other- section (e); and (1) IN GENERAL.—If the required date of the wise apply to the Federal Energy Regulatory commencement of construction described in (3) by inserting after subsection (c) the fol- Commission (referred to in this section as subsection (a) has expired prior to the date lowing: the ‘‘Commission’’) project numbered 12642, of enactment of this Act, the Commission ‘‘(d) ESTABLISHMENT.—On or after the date the Commission may, at the request of the may reinstate the license effective as of that that is 180 days after the date on which the licensee for the project, and after reasonable date of expiration. Strategic Transformer Reserve plan is sub- notice, in accordance with the good faith, mitted to Congress under subsection (c)(1), (2) EXTENSION.—If the Commission rein- due diligence, and public interest require- states the license under paragraph (1), the the Secretary may establish a Strategic ments of that section and the procedures of first extension authorized under subsection Transformer Reserve in accordance with the the Commission under that section, extend (a) shall take effect on the date of that expi- Strategic Transformer Reserve plan.’’. the time period during which the licensee is ration. required to commence the construction of SA 3231. Mr. HELLER (for himself PART VI—PUMPED STORAGE the project for up to 3 consecutive 2-year pe- and Mr. REED) submitted an amend- HYDROPOWER COMPENSATION riods from the date of the expiration of the ment intended to be proposed to extension originally issued by the Commis- SEC. 6351. PUMPED STORAGE HYDROPOWER sion. COMPENSATION. amendment SA 2953 proposed by Ms. (b) REINSTATEMENT OF EXPIRED LICENSE.— Not later than 180 days after the date of MURKOWSKI to the bill S. 2012, to pro- If the period required for commencement of enactment of this Act, the Federal Energy vide for the modernization of the en- construction of the project described in sub- Regulatory Commission shall initiate a pro- ergy policy of the United States, and

VerDate Sep 11 2014 03:34 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.037 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 2, 2016 CONGRESSIONAL RECORD — SENATE S529 for other purposes; which was ordered COMMITTEE ON HOMELAND SECURITY AND REQUIRING THE SECRETARY OF to lie on the table; as follows: GOVERNMENTAL AFFAIRS THE ARMY TO UNDERTAKE RE- At the end of subtitle D of title II, add the Mr. PORTMAN. Mr. President, I ask MEDIATION OVERSIGHT OF THE following: unanimous consent that the Com- WEST LAKE LANDFILL SEC. 23ll. CONSIDERATION OF ENERGY STOR- mittee on Homeland Security and Gov- AGE SYSTEMS. Ms. MURKOWSKI. Mr. President, I ernmental Affairs be authorized to ask unanimous consent that the Com- (a) IN GENERAL.—Section 111(d) of the Pub- meet during the session of the Senate lic Utility Regulatory Policies Act of 1978 (16 mittee on Environment and Public U.S.C. 2621(d)) is amended by adding at the on February 2, 2016, at 10:15 a.m., to Works be discharged from further con- end the following: conduct a hearing entitled ‘‘Frontline sideration of S. 2306 and the Senate ‘‘(20) CONSIDERATION OF ENERGY STORAGE Response to Terrorism in America.’’ proceed to its immediate consider- SYSTEMS.—Each State shall consider requir- The PRESIDING OFFICER. Without ation. ing that, as part of a supply side resource objection, it is so ordered. The PRESIDING OFFICER. Without planning process, an electric utility of the COMMITTEE ON THE JUDICIARY State demonstrate to the State that the objection, it is so ordered. electric utility considered an investment in Mr. PORTMAN. Mr. President, I ask The clerk will report the bill by title. energy storage systems based on appropriate unanimous consent that the Com- The bill clerk read as follows: factors, including— mittee on the Judiciary be authorized A bill (S. 2306) to require the Secretary of ‘‘(A) total costs and normalized life-cycle to meet during the session of the Sen- the Army, acting through the Chief of Engi- costs; ate on February 2, 2016, at 10 a.m., in neers, to undertake remediation oversight of ‘‘(B) cost-effectiveness; room SD–226 of the Dirksen Senate Of- the West Lake Landfill located in Bridgeton, ‘‘(C) improved reliability; fice Building, to conduct a hearing en- Missouri. ‘‘(D) security; and There being no objection, the Senate ‘‘(E) system performance and efficiency.’’. titled ‘‘The Failures and Future of the (b) TIME LIMITATIONS.—Section 112(b) of EB–5 Regional Center Program: Can it proceeded to consider the bill. the Public Utility Regulatory Policies Act of be Fixed.’’ Ms. MURKOWSKI. Mr. President, I 1978 (16 U.S.C. 2622(b)) is amended by adding The PRESIDING OFFICER. Without ask unanimous consent that the bill be at the end the following: objection, it is so ordered. read a third time and passed, and the ‘‘(7)(A) Not later than 1 year after enact- motion to reconsider be considered SELECT COMMITTEE ON INTELLIGENCE ment of this paragraph, each State regu- made and laid upon the table. latory authority (with respect to each elec- Mr. PORTMAN. Mr. President, I ask The PRESIDING OFFICER. Without tric utility for which the State regulatory unanimous consent that the Select objection, it is so ordered. authority has ratemaking authority) and Committee on Intelligence be author- each nonregulated utility shall commence The bill (S. 2306) was ordered to be ized to meet during the session of the engrossed for a third reading, was read the consideration referred to in section 111, Senate on February 2, 2016, at 2:45 p.m. or set a hearing date for consideration, with the third time, and passed, as follows: The PRESIDING OFFICER. Without respect to the standard established by para- S. 2306 objection, it is so ordered. graph (20) of section 111(d). Be it enacted by the Senate and House of Rep- ‘‘(B) Not later than 2 years after the date SUBCOMMITTEE ON ANTITRUST, COMPETITION resentatives of the United States of America in of enactment of this paragraph, each State POLICY, AND CONSUMER RIGHTS Congress assembled, regulatory authority (with respect to each Mr. PORTMAN. Mr. President, I ask SECTION 1. TRANSFER OF OVERSIGHT AUTHOR- electric utility for which the State regu- unanimous consent that the Com- ITY FROM EPA TO CORPS OF ENGI- latory authority has ratemaking authority), mittee on the Judiciary, Sub- NEERS. and each nonregulated electric utility, shall (a) DEFINITIONS.—In this section: complete the consideration, and shall make committee on Antitrust, Competition Policy, and Consumer Rights be au- (1) SECRETARY.—The term ‘‘Secretary’’ the determination, referred to in section 111 means the Secretary of the Army, acting with respect to the standard established by thorized to meet during the session of through the Chief of Engineers. paragraph (20) of section 111(d).’’. the Senate on February 2, 2016, at 2 (2) SITE.—The term ‘‘site’’ means the West (c) FAILURE TO COMPLY.—Section 112(c) of p.m., in room SD–226 of the Dirksen Lake Landfill located in Bridgeton, Mis- the Public Utility Regulatory Policies Act of Senate Office Building, to conduct a souri. 1978 (16 U.S.C. 2622(c)) is amended by adding hearing entitled ‘‘License to Compete: (b) TRANSFER.—Notwithstanding any other at the end the following: ‘‘In the case of the provision of law, as soon as practicable after standard established by paragraph (20) of sec- Occupational Licensing and the State Action Doctrine.’’ the date of enactment of this Act, the Sec- tion 111(d), the reference contained in this retary shall— subsection to the date of enactment of this The PRESIDING OFFICER. Without (1) under the Formerly Utilized Sites Re- Act shall be deemed to be a reference to the objection, it is so ordered. medial Action Program, undertake the func- date of enactment of that paragraph.’’. tions and activities described in section 611 (d) PRIOR STATE ACTIONS.—Section 112(d) of f of the Energy and Water Development Ap- the Public Utility Regulatory Policies Act of propriations Act, 2000 (10 U.S.C. 2701 note; 113 1978 (16 U.S.C. 2622(d)) is amended in the mat- Stat. 502) as the lead agency responding to ter preceding paragraph (1) by striking ‘‘(19)’’ PRIVILEGES OF THE FLOOR radioactive contamination at the site; and and inserting ‘‘(20)’’. Mr. HATCH. Mr. President, I ask (2) carry out remediation activities at the f unanimous consent that Dane Karvois, site in accordance with that section. AUTHORITY FOR COMMITTEES TO a member of my staff, be granted floor (c) COST RECOVERY.—The Secretary, in co- MEET privileges through the end of the 114th ordination with the Administrator of the En- vironmental Protection Agency and the At- COMMITTEE ON ARMED SERVICES Congress. torney General, shall— Mr. PORTMAN. Mr. President, I ask The PRESIDING OFFICER. Without (1) seek to recover any response costs in- unanimous consent that the Com- objection, it is so ordered. curred by the Secretary in carrying out this mittee on Armed Services be author- Mrs. CANTWELL. Mr. President, I section in accordance with the Comprehen- ized to meet during the session of the ask unanimous consent that Senator sive Environmental Response, Compensa- Senate on February 2, 2016, at 10 a.m. FRANKEN’s energy policy fellow, Mi- tion, and Liability Act of 1980 (42 U.S.C. 9601 The PRESIDING OFFICER. Without chael Glotter, be granted floor privi- et seq.); and leges for the remainder of this Con- (2) return any funds that are recovered objection, it is so ordered. under paragraph (1) to be used to carry out COMMITTEE ON FOREIGN RELATIONS gress. the Formerly Utilized Sites Remedial Action Mr. PORTMAN. Mr. President, I ask The PRESIDING OFFICER. Without Program of the Corps of Engineers. unanimous consent that the Com- objection, it is so ordered. (d) FUNDING.—The Secretary shall use mittee on Foreign Relations be author- Mr. FLAKE. Mr. President, I ask amounts made available to the Secretary to ized to meet during the session of the unanimous consent that two legislative carry out the Formerly Utilized Sites Reme- Senate on February 2, 2016, at 5 p.m., to fellows in my office, Dr. Lauren Stump dial Action Program to carry out this sec- tion. conduct a classified briefing entitled and Mr. Tom Zarzecki, be granted floor (e) SAVINGS PROVISIONS.— privileges throughout the remainder of ‘‘Russia, the European Union, and (1) NO LIABILITY.—Nothing in subsection (b) American Foreign Policy.’’ the year. creates liability for— The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without (A) the Secretary for— objection, it is so ordered. objection, it is so ordered. (i) contamination at the site; or

VerDate Sep 11 2014 04:36 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A02FE6.045 S02FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S530 CONGRESSIONAL RECORD — SENATE February 2, 2016 (ii) any actions or failures to act by any The preambles were agreed to. adjourn until 9:30 a.m., Wednesday, past, current, or future licensees, owners, op- (The resolutions, with their pre- February 3; that following the prayer erators, or users of the site; or ambles, are printed in today’s RECORD and pledge, the morning hour be (B) any other party involved with the site. under ‘‘Submitted Resolutions.’’) deemed expired, the Journal of pro- (2) NO EFFECT ON LIABILITY UNDER OTHER LAW.—Nothing in subsection (b) alters the li- f ceedings be approved to date, and the time for the two leaders be reserved for ability of any party relating to the site MEASURE READ THE FIRST their use later in the day; that fol- under any other provision of law. TIME—H.R. 4168 (3) NO EFFECT ON SUPERFUND STATUS; NA- lowing leader remarks, the Senate be TIONAL PRIORITIES LIST DESIGNATION.—Noth- Ms. MURKOWSKI. Mr. President, I in a period of morning business for 1 ing in this Act affects the designation of the understand that there is a bill at the hour, with Senators permitted to speak site as a Superfund site under the Com- desk, and I ask for its first reading. therein; further, that the time be prehensive Environmental Response, Com- The PRESIDING OFFICER. The equally divided, with the Democrats pensation, and Liability Act of 1980 (42 clerk will read the bill by title for the controlling the first half and the ma- U.S.C. 9601 et seq.) or the listing of the site first time. on the national priorities list under section jority controlling the final half; fur- 105 of that Act (42 U.S.C. 9605). The bill clerk read as follows: ther, that following morning business, A bill (H.R. 4168) to amend the Small Busi- the Senate then resume consideration f ness Investment Incentive Act of 1980 to re- of S. 2012; finally, that the filing dead- RESOLUTIONS SUBMITTED TODAY quire an annual review by the Securities and line for all first-degree amendments to Exchange Commission of the annual govern- Ms. MURKOWSKI. Mr. President, I ment-business forum on capital formation the Murkowski substitute amendment ask unanimous consent that the Sen- that is held pursuant to such Act. No. 2953 and the underlying bill, S. 2012, be at 1 p.m. tomorrow. ate now proceed to the en bloc consid- Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Without eration of the following Senate resolu- now ask for a second reading and, in objection, it is so ordered. tions, which were submitted earlier order to place the bill on the calendar today: S. Res. 353, S. Res. 354, S. Res. under the provisions of rule XIV, I ob- f 355, and S. Res. 356. ject to my own request. There being no objection, the Senate The PRESIDING OFFICER. Objec- ADJOURNMENT UNTIL 9:30 A.M. proceeded to consider the resolutions tion having been heard, the bill will re- TOMORROW en bloc. ceive a second reading on the next leg- Ms. MURKOWSKI. Mr. President, I islative day. Ms. MURKOWSKI. Mr. President, if ask unanimous consent that the reso- f there is no further business to come be- lutions be agreed to, the preambles be fore the Senate, I ask unanimous con- agreed to, and the motions to recon- ORDERS FOR WEDNESDAY, sent that it stand adjourned under the sider be laid upon the table en bloc. FEBRUARY 3, 2016 previous order. The PRESIDING OFFICER. Without Ms. MURKOWSKI. Mr. President, I There being no objection, the Senate, objection, it is so ordered. ask unanimous consent that when the at 7:38 p.m., adjourned until Wednes- The resolutions were agreed to. Senate completes its business today, it day, February 3, 2016, at 9:30 a.m.

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IRAN TERROR FINANCE RECOGNIZING NORTHWEST INDI- on February 5, 2016. They, too, will be Amer- TRANSPARENCY ACT ANA’S NEWLY NATURALIZED ican citizens, and they, too, will be guaranteed CITIZENS the inalienable rights to life, liberty, and the SPEECH OF pursuit of happiness. We, as a free and demo- HON. PETER J. VISCLOSKY cratic nation, congratulate them and welcome HON. BOB GOODLATTE OF INDIANA them. OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Tuesday, February 2, 2016 REMEMBERING THE LIFE OF COACH C.D. ‘‘LEFTY’’ ANDERSON Wednesday, January 13, 2016 Mr. VISCLOSKY. Mr. Speaker, it is with great pleasure and sincerity that I take this Mr. GOODLATTE. Mr. Speaker, this Admin- time to congratulate thirty individuals who will HON. BRADLEY BYRNE istration is giving Iran another free pass. It is take their oath of citizenship on Friday, Feb- OF ALABAMA irresponsible for the Administration to lift sanc- ruary 5, 2016. This memorable occasion, IN THE HOUSE OF REPRESENTATIVES tions on foreign financial institutions whose ac- which will be presided over by Magistrate Tuesday, February 2, 2016 tions have knowingly resulted in support for Judge John E. Martin, will be held at the terrorists or have contributed to Iran’s pro- United States Courthouse and Federal Build- Mr. BYRNE. Mr. Speaker, I rise today to re- liferation of nuclear weapons. It floors me that ing in Hammond, Indiana. member the life of Coach C.D. ‘‘Lefty’’ Ander- we are even having a debate about this. We America is a country founded by immi- son, a beloved long-time football coach, ad- should all remember the attacks on Sep- grants. From its beginning, settlers have come ministrator and family man in Mobile County, tember 11th very clearly as well as President from countries around the world to the United Alabama. Bush’s words afterwards. He said, ‘‘We will States in search of better lives for their fami- Coach Anderson was born on July 17, 1929 make no distinction between the terrorists who lies. Oath ceremonies are a shining example in Coffeeville, Alabama. He attended and committed these acts and those who harbor of what is so great about the United States of played football at Jackson High School and them.’’ And that is true today. America—that people from all over the world Livingston State, where his love of football Financial institutions that have assisted in can come together and unite as members of began. After college, he served a two-year transactions to support terrorism are not inno- a free, democratic nation. These individuals stint in the Army and then later went on to be- cent bystanders, and I take our Constitution’s realize that nowhere else in the world offers a come head football coach at Frisco City in directive to ‘‘provide for the common defense’’ better opportunity for success than here in Monroe County, Alabama. very seriously. The Iran Nuclear Agreement America. After being named the head coach, Coach was a bad deal, and it’s clear that Iran has no On February 5, 2016, the following people, Anderson immediately began to instill the be- intention to hold up its side of the bargain. representing many nations throughout the lief in his players that they were winners. Dur- I am proud to be a cosponsor of this legisla- world, will take their oaths of citizenship in ing his time at Frisco City, Coach Anderson tion, and I urge my colleagues to join me in Hammond, Indiana: Gemma Ramos Laberge, accumulated a total of 53 wins, beating teams voting for this important piece of legislation. Araceli Ambriz, Ozkan Akkaya, Syed Muham- much larger than his. mad Shan Ul Islam, Fernando Romo Vera, In 1963, he became the head coach at Mur- f Patricia Caroline Njoki Singleton, Clifton phy High School, which was one of the state’s Seaford Wade, Aldar Odin Escamilla Velasco, largest schools. At Murphy, he did what he COAST GUARD AUTHORIZATION Nastaran Saramaghan, Milad Sohrab, Ali was accustomed to . . . he won football ACT OF 2015 Abdelkadre Mahamat, Julio Cesar Carmona, games. In his first year, he led his Panther Sylvia Iliff, Miriam Muthoni Kirori, Henry Irungu team to an 8–1 season, a major improvement SPEECH OF Kirori, Abayomi Eyitayo Oloyede, Ivete Baldo from the five combined wins the school had in Wahlen, Annamaria Mittiga, Ljupcho the three years prior. He would go on to win HON. JOHN GARAMENDI Todoroski, Monica Cordeiro Ramey, Juan 32 games during his six-year tenure as head coach, before making the move to an adminis- OF CALIFORNIA Manuel Almonte, KB Chhoeun, Chunlan Jin Chung, Lucila Diaz, Auribel Mileddy Lester trative role at the school. IN THE HOUSE OF REPRESENTATIVES Perez, Yue Min Li, Omkalthoum Hassan Coach Anderson would go on to serve a Monday, February 1, 2016 Muhamat, Sunisa Phongpichit-Alexander, year as the school’s assistant principal and 10 Aqeela Yasmin Sheikh, and Sergey more years as principal. I’ve heard that Coach Mr. GARAMENDI. Mr. Speaker, I would like Gennadyvich Shylin. Anderson took the same hard-nosed approach to recognize the hard work of Dave Jansen on Although each individual has sought to be- he had as a coach and applied it to his role the Coast Guard Subcommittee, as well as come a citizen of the United States for his or as principal. He ensured that his students fol- Emily Burns on my staff, to make this bill a her own reasons, be it for education, occupa- lowed the rules and behaved properly, but just success. tion, or to offer their loved ones better lives, like his players, there was never any doubt each is inspired by the fact that the United how much he cared for them. f States of America is, as Abraham Lincoln de- After his time as an administrator, Coach scribed it, a country ‘‘. . . of the people, by the Anderson served as the Mobile County athletic PERSONAL EXPLANATION people, and for the people.’’ They realize that director for eight years until his retirement in the United States is truly a free nation. By the early 1990s. He also served 13 years on HON. TIM RYAN seeking American citizenship, they have made the Alabama High School Athletic Associa- the decision that they want to live in a place tion’s (AHSAA) Central Board of Control, in- OF OHIO where, as guaranteed by the First Amendment cluding two years as president. IN THE HOUSE OF REPRESENTATIVES of the Constitution, they can practice religion Outside of the classroom, Coach Anderson Tuesday, February 2, 2016 as they choose, speak their minds without fear played a vital role in the development of high of punishment, and assemble in peaceful pro- school football throughout the state. Anderson Mr. RYAN of Ohio. Mr. Speaker, I rise today test should they choose to do so. was instrumental in the creation of the Ala- to correct my vote from yesterday, February Mr. Speaker, I respectfully ask you and my bama-Mississippi All-Star Football game in 1st on roll call 46 (H.R. 2187). While my vote other distinguished colleagues to join me in 1998. Due to his contribution and dedication to was recorded as a ‘‘nay’’ it was my intention congratulating these individuals who will be- the game, the MVP award was named after to vote ‘‘yea.’’ come citizens of the United States of America him. He later achieved the honor of becoming

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

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.001 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E90 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2016 part of the first class inducted into the AHSAA HONORING OFFICER DOUG BARNEY Today, I would like to thank and recognize High School Hall of Fame in 1991. the McConnell Center for their exemplary work Although retired, Coach Anderson’s love HON. JASON CHAFFETZ and mission in educational and civic engage- and knowledge of the game continued to OF UTAH ment, building our future leaders on a founda- shine. He was always willing to help mentor IN THE HOUSE OF REPRESENTATIVES tion based upon ‘‘Leadership, Scholarship, anyone who sought his knowledge about the Tuesday, February 2, 2016 and Service.’’ f game. Mr. CHAFFETZ. Mr. Speaker, I rise today to During the last 5 years of his life Coach An- honor Officer Doug Barney. Officer Barney HONORING ALAN DUNHAM derson fought valiantly against Alzheimer’s, was killed on Sunday, January 17, 2016, in never letting it inhibit his view on life. Sadly, Holladay, Utah, while working overtime in HON. JARED HUFFMAN on January 21, Coach Anderson passed away order to fund his cancer treatments. While on OF CALIFORNIA after a battle with pneumonia. duty, Officer Barney was shot fatally by a fugi- IN THE HOUSE OF REPRESENTATIVES tive who was missing from drug rehabilitation. Coach Eddie Robinson put it best when he Tuesday, February 2, 2016 said that ‘‘coaching is a profession of love. Unified Police Officer John Richey was also You can’t coach people unless you love shot, and has since undergone surgery and is Mr. HUFFMAN. Mr. Speaker, I rise today to them.’’ I believe this was always the mindset expected to improve. recognize Alan Dunham of Novato, California, of Coach Anderson. He always cared deeply Officer Barney became a police officer be- for his exceptional commitment to public serv- for his players and students. cause he wanted to help people and loved ice and civic engagement. For nearly 40 children. He had formerly served as a school years, Mr. Dunham has gone above and be- Coach Anderson leaves behind a legacy of resource officer and worked tirelessly as a yond in his dedication to effecting change in love and humility and his spirit will live on in member of the Unified and Taylorsville, Utah, his community, serving in numerous leader- the countless individuals he impacted over the Police Departments for 18 years. His cancer ship positions and volunteering countless course of his career. The city of Mobile, Mo- was in remission at the time of his death. He hours of his time throughout the City of bile County, and the entire State of Alabama is survived by his wife and three children. Novato and Marin County. will be forever grateful for the life and service Officer Barney gave the ultimate sacrifice The Rotary Club of Novato annually selects of Coach ‘‘Lefty’’ Anderson. On behalf of Ala- while in the line of duty. His colleagues have a ‘‘Citizen of the Year,’’ which distinguishes a bama’s entire First Congressional District, we remembered him for his humor and caring na- resident who has given exceptional contribu- extend our greatest of condolences to his son ture. He was an accomplished officer who had tions to the city across a number of different Chuck, his two grandchildren, Laura and Sam, overcome the odds of cancer. I honor Officers areas. Their selection this year in Mr. Dunham as well as his two great-grandchildren, Ayden Barney and Richey as heroes and am grateful could not be more fitting. and Caroline. Coach Anderson will be deeply for their service to the State of Utah. Mr. Dunham moved to Novato in 1973, and missed. Today, I ask all Members of Congress to quickly became involved in his new commu- join me as we honor the life and legacy of Of- nity. He joined the Rotary Club the following f ficer Doug Barney, so that his sacrifice and year, where, along with serving as president service will be remembered by our country. for a term, he led several trips and projects REMEMBERING THE LIVES LOST f throughout the decades. For many years, he DURING ‘‘BLACK JANUARY’’ AND has been active with the Presbyterian Church THE KHOJALY MASSACRE IN RECOGNITION OF THE MCCONNELL of Novato, and he regularly volunteers with AZERBAIJAN CENTER local children and youth. HON. BRETT GUTHRIE Additionally, his talents as an architect have beautified spaces throughout the city, includ- OF KENTUCKY HON. DONALD M. PAYNE, JR. ing housing projects and gardens for seniors, IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY group areas at the Marin county Fair, and the Tuesday, February 2, 2016 Stafford Lake Gate House, among others. IN THE HOUSE OF REPRESENTATIVES Mr. GUTHRIE. Mr. Speaker, I would like to Mr. Speaker, it is fitting that we honor and Tuesday, February 2, 2016 recognize the McConnell Center at the Univer- thank Alan Dunham for his many years of self- sity of Louisville on its 25th anniversary since less volunteer work and leadership in the Mr. PAYNE. Mr. Speaker, I ask my col- its founding. The McConnell Center was es- North Bay. On behalf of the many residents leagues here in the House of Representatives tablished by Senator MCCONNELL and the Uni- whose lives he’s impacted, I am privileged to to join me as I rise to honor those who were versity of Louisville, his alma mater, in 1991 honor and appreciate Mr. Alan Dunham. lost in Khojaly, Azerbaijan on February 25, with the mission to help nurture the next gen- f 1992. On that day, 24 years ago, over 600 eration of great leaders in the Commonwealth people were brutally murdered. They were of Kentucky. HONORING THE LIFE OF MICHAEL mostly elderly men, women, and children—in- The McConnell Center has helped educate, HOKE nocent victims that should have never been inspire, and motivate more than 200 McCon- part of such a heartbreaking tragedy. nell Scholars and has given more than $3.5 HON. BRIAN BABIN I would also like to recognize the night of million in scholarships to more than 230 Ken- OF TEXAS January 19, 1990, as ‘‘Black January.’’ This tucky students. I am proud to say that three IN THE HOUSE OF REPRESENTATIVES McConnell Scholars, Andrew Stewart, Natalie event has been memorialized as ‘‘Black Janu- Tuesday, February 2, 2016 ary’’ because of the invasion by 26,000 Soviet Smith, and Sean Southard, have interned in troops into the capital city Baku and sur- my office. The McConnell Center has also pro- Mr. BABIN. Mr. Speaker, I rise today to rounding areas. By the end of the following vided thousands of hours of professional de- honor the life of Michael Hoke. Michael day, more than 130 people had died and over velopment to Kentucky’s teachers. passed away on January 13, 2016, at the age 600 people were missing. The McConnell Center’s successful program of 67. has demonstrated the profound and lasting im- Michael was an active and accomplished It is necessary to take the time every year pact it is making within our Commonwealth, educator in the Orange community. After re- to remember those who lost their lives during the nation, and the world. It has been named ceiving his doctorate, he went on to start the these two horrific events in Azerbaijan. Their one of the ‘‘Oases of Excellence in Higher Orange chapter of the American Federation of unwilling sacrifice continues to serve as a re- Education’’ by the American Council of Trust- Teachers, and continued to be a leading advo- minder to hold fast to the principles of democ- ees and Alumni, touching the lives and ca- cate for teachers within the community. racy. reers of thousands of students, teachers, re- His dedication and expertise were recog- Mr. Speaker, Azerbaijan is a strong partner searchers, and citizens. nized in 1989 when he became the Texas re- of the United States in a strategically crucial This year, the McConnell Center will cele- cipient of the National Science Foundation’s and complex region of the world. I ask my col- brate its 25th anniversary with the theme ‘‘Citi- Presidential Award. Michael later went on to leagues to join me and our Azerbaijani friends zens and Statesmen,’’ continuing its great instruct at Harvard University. in commemorating the tragedy that occurred in work in shaping our nation’s leaders, politics, Michael was committed to sharing his in- the town of Khojaly as well as Black January. and communities. credible love and mastery of scientific teaching

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K02FE8.003 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E91 with the community and future generations. He HONORING MS. GLORIA FLAHERTY RECOGNIZING THE SERVICE OF founded ‘‘Science Superstars’’ to engage chil- JOANN STINGLEY dren and encourage a passion for learning, HON. MIKE THOMPSON and ‘‘Bios, a School on Wheels’’ to help stu- OF CALIFORNIA HON. PETER J. ROSKAM dents explore various scientific research cen- IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS ters and programs across Texas. Under his IN THE HOUSE OF REPRESENTATIVES leadership, these educational programs have Tuesday, February 2, 2016 Tuesday, February 2, 2016 now spread across the nation. Mr. THOMPSON of California. Mr. Speaker, Michael was also a faithful Christian, and at- I rise today to recognize and honor Gloria Mr. ROSKAM. Mr. Speaker, I rise today to tended the First United Methodist Church in Flaherty, who is retiring from the Lake Family recognize the service of JoAnn Stingley. Orange. My prayers and condolences go out Resource Center after 19 years of service. JoAnn coordinates the social service unit, also to Michael’s loving wife, Sandra, his daughter Ms. Flaherty’s resume of community service known as the victim’s assistance unit for the Julia, and his son Robert, and his two grand- is impressive. In addition to being a Founding Elgin Police Department. children. Michael will be sorely missed in our Director and Executive Director at Lake Family JoAnn has been a social worker for the community, but his passion and legacy will Resource Center, Gloria has held numerous Elgin Police Department for more than 24 certainly live on. positions and titles within the Lake County years. She was hired by former police chief community over the past two decades. Among Charles Gruber in 1991 and at the time Elgin f other endeavors, Ms. Flaherty served as was one of the first police departments to hire President of Kelseyville Sunrise Rotary, Board social workers in Illinois. Since that time she RECOGNIZING HERO OF THE YEAR, President of Kelseyville Unified School District, said she has never considered doing anything OFFICER JEFF SCHLEE and Commissioner of First 5 Lake County. else but helping others. She has recently served as Chairman of the JoAnn’s salary is on the Elgin police depart- Lake County Continuum of Care, as a mem- ment payroll; however, there is no budget allo- HON. PETER J. ROSKAM ber of the Boards of North Coast Opportunities cation for client related expenses. This means OF ILLINOIS and Friends of Mendocino College, and as a that JoAnn must hold numerous fundraisers a year to support the programs she runs free of IN THE HOUSE OF REPRESENTATIVES Board member on the California Partnership to End Domestic Violence. Most recently, Ms. charge. These programs include crisis inter- Tuesday, February 2, 2016 Flaherty has been heavily involved in Lake vention, counseling, legal referrals and refer- County fire recovery efforts, working tirelessly rals for community resources including shelter, Mr. ROSKAM. Mr. Speaker, I rise today to mental illness, substance abuse, parenting, recognize Police Officer Jeff Schlee, who re- to set up a ‘‘warming center’’ to provide shel- ter and respite for those in need. and youth anger management courses. Lt. cently was awarded ‘‘Hero of the Year’’ by the Rick Ciganek, an officer in the Elgin Police Palatine Chamber of Commerce for his work In 2015, Ms. Flaherty received the Lake County Childcare Planning Council’s Lifetime Department, was full of praise for JoAnn, stat- preparing schools, teachers, parents, and the ing, ‘‘She’s truly the unsung hero of the police community for a school shooting. Achievement Award. She was also named the 2015 Woman of the Year from the Third Con- department. Anybody who comes here and Officer Schlee works with schools in Pala- gressional District. Ms. Flaherty has consist- says, ‘I need some help,’ they get help. JoAnn tine, IL and has consulted with numerous sub- ently demonstrated kindness, compassion and is incredible. She’ll provide services for any- urbs in the Chicagoland area and across the integrity, and has worked for years as a tire- body.’’ JoAnn is truly an inspiring woman and country to prepare them for the possibility of a less advocate for children and families. The one of the many reasons Elgin is such a great school shooting. Officer Schlee has been a citizens of Lake County have benefitted enor- place to work and live. school safety officer for ten years and has al- mously from her efforts. Mr. Speaker and my distinguished col- ways had a passion for protecting students; Mr. Speaker, Gloria Flaherty has served her leagues in the House, please join me in recog- however he credits the birth of his children for community with admirable commitment and re- nizing the service and dedication of JoAnn increasing his dedication to defending school solve. It is fitting and proper that I honor her Stingley. children. here today. I wish Gloria Flaherty the best in f With dedication and persistence, he has her retirement. CELEBRATING THE 50TH ANNIVER- studied past school shootings and works SARY OF LEHIGH CARBON COM- alongside his colleagues at the Palatine Police f MUNITY COLLEGE Department to develop response plans which RECOGNIZING COBWRA ON THEIR could save student’s lives. One of the prin- 35TH ANNIVERSARY ciples of his plan is having the whole commu- HON. CHARLES W. DENT nity respond as a unit to make sure everyone OF PENNSYLVANIA is on the same page. Office Schlee believes it HON. LOIS FRANKEL IN THE HOUSE OF REPRESENTATIVES OF FLORIDA is essential to study the tragedies of the past Tuesday, February 2, 2016 to keep our children safe today and in the fu- IN THE HOUSE OF REPRESENTATIVES Mr. DENT. Mr. Speaker, it is my pleasure to ture. Tuesday, February 2, 2016 recognize the 50th Anniversary of Lehigh Car- Mr. Speaker and my distinguished col- Ms. FRANKEL of Florida. Mr. Speaker, I bon Community College (LCCC). LCCC was leagues in the House, please join me in recog- rise today on behalf of myself and Mr. DEUTCH founded in 1966 and for 50 years it has deliv- nizing Officer Jeff Schlee for the work he has to congratulate the Coalition of Boynton West ered quality, affordable two-year degree done to help protect students in Palatine and Residential Associations, or COBWRA, for 35 course programs, certificate and specialized across this great nation. years of diligent work. COBWRA has played diploma programs to students from Lehigh, an important role in the growth of West Boyn- Carbon, Schuylkill and other counties. f ton Beach, an area in both our districts. The College has an enrollment of over Since 1982, the officers and members of PERSONAL EXPLANATION 7,100 students and offers more than 90 pro- COBWRA have served as a voice for the resi- grams of study. dential communities of West Boynton Beach, The Lehigh Valley community has long rec- HON. LUIS V. GUTIE´RREZ ensuring that resident’s concerns are heard ognized the outstanding asset we have in Le- and addressed. COBWRA has played a cru- high Carbon Community College. The College OF ILLINOIS cial role in bringing parks, schools, libraries, gives students a great start for gaining the IN THE HOUSE OF REPRESENTATIVES businesses, and hospitals to the area, while skills they’ll need to find and succeed in de- Tuesday, February 2, 2016 also serving as an advocate and educational cent, good-paying careers and provides the source for residents. employers of the region with skilled and well- Mr. GUTIE´ RREZ. Mr. Speaker, I was un- We are pleased to recognize COBWRA trained workers. avoidably absent in the House chamber for today for their service and commitment to their Mr. Speaker, I warmly extend my congratu- votes on Monday, February 1, 2016. Had I community, and look forward to working with lations to the students, faculty, employees, ad- been present, I would have voted ‘‘yea’’ on roll them in the future to continue the growth and ministrators and alumni of Lehigh Carbon call vote 46. achievement of West Boynton. Community College on the happy occasion of

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K02FE8.008 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E92 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2016 their Semicentennial. Thank you for providing her dedication to the Poquoson community been joined by Texas State Representative the Lehigh Valley with diverse educational op- and wish her a happy retirement. Patrick Fallon. He recently raised money for portunities that provide a firm foundation for f pediatric cancer by running the World Mara- solid, fulfilling careers. thon Challenge, consisting of 7 marathons on CELEBRATING THE 50TH ANNIVER- f 7 continents in 7 days, and he had never run SARY OF THE 60TH AIR MOBIL- a marathon before. During the races, Fallon HONORING WILLIAM A. MORRIS ITY WING carried a photo of Jonny and his brother Jacky in his shoe. In fact, Jacky even ran with him HON. DANIEL M. DONOVAN, JR. HON. JOHN GARAMENDI in the U.S. race in Miami, Florida. OF NEW YORK OF CALIFORNIA I can’t think of a better reason to run a mar- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES athon. Together, we can beat childhood can- Tuesday, February 2, 2016 Tuesday, February 2, 2016 cer into the shadows with each step. And that’s just the way it is. Mr. DONOVAN. Mr. Speaker, I rise today to Mr. GARAMENDI. Mr. Speaker, I rise today f honor William A. Morris for his courageous to commemorate the 50th Anniversary of the service to our nation during World War II. As activation of the 60th Air Mobility Wing at HONORING BRUCE SANDERS ON a lifelong resident of Staten Island, New York, Travis Air Force Base, in the heart of Califor- THE OCCASION OF HIS RETIRE- he deserves recognition for the dedication to nia’s 3rd Congressional District. MENT his family, community and country. On January 8, 1966, what is now The 60th William served as a sergeant in the all-black Air Mobility Wing became the host unit at HON. BRIAN HIGGINS 369th Coast Artillery Regiment and fought on Travis Air Force Base, and its emergence as OF NEW YORK the front line in Germany during a period of the principal military airlift hub in the western IN THE HOUSE OF REPRESENTATIVES segregation. Overcoming the deep racial divi- United States earned Travis the moniker of sions in society to fight for his country during ‘‘Gateway to the Pacific.’’ Tuesday, February 2, 2016 such momentous historical events like the in- The wing is responsible for strategic airlift Mr. HIGGINS. Mr. Speaker, I rise today to vasion of Normandy shows his immense cour- and air refueling missions around the world pay tribute to Bruce Sanders, of Buffalo, New age and loyalty. and controls more than $11 billion in total re- York, on his retirement from the position of It was during this time in Europe that Wil- sources. It handles more cargo and pas- Chief of Public Affairs of the Buffalo District of liam formed a special bond with a stray dog sengers than any other military air terminal in the United States Army Corps of Engineers, he met named Trixie. Trixie provided William the United States. and to express gratitude for his forty-one and the rest of his company not only with an The 60th Wing has been involved in some years of devoted service to the United States indispensable companion, but, in an aston- of our country’s most recognizable military and of America. ishing act, also bravely aided in their protec- humanitarian efforts in its 50 years of oper- In his public affairs role, but also previously tion against three German soldiers. Serving as ation. It was a major participant in Operations in his role as Management Analysis Officer, an unofficial mascot for the regiment, Trixie Homecoming and Babylift, when Travis Air Mr. Sanders conducted himself with profes- traveled back to Staten Island with William Force Base became the main intake facility for sionalism and dedication in furtherance of the where she quickly fit in as a member of his POW’s and refugees coming from Vietnam. It important work of the world’s largest public en- family. flew 1,280 missions from Travis during Oper- gineering agency. I was not surprised, there- Upon returning to Staten Island, William’s ation Desert Storm. Its planes and personnel fore, when it was conveyed to me that the remarkable commitment to giving back has provided much needed relief after earthquakes Buffalo District Commander wrote in Mr. Sand- been widely recognized and celebrated. He in Mexico City, Armenia, and Haiti. Most re- ers’ final appraisal that Mr. Sanders was served as a Boy Scout leader for Troop 47 for cently, the 60th Air Mobility Wing provided air- ‘‘proud of being a public servant; exhibit[ed] 35 years and, along with his wife, ran a food lift and refueling operations in support of Oper- pride and complete dedication to the District; pantry for 30 years. This commitment earned ations Noble Eagle and Enduring Freedom—to [and was] honest and trustworthy; a person of them both the Silver Beaver Award for their support our ongoing global war on terror. strong character.’’ distinguishable work in scouting. At 96 years These are just a few of the achievements that Again, I am pleased to congratulate and old, William has continued to share his story have earned the wing multiple Air Force Out- thank Mr. Sanders on the occasion of his re- with his community through an inspiring book standing Unit Awards. tirement and wish him well in his future en- written by his daughter Dolores, The Soldier Mr. Speaker, I am honored to congratulate deavors. That Wagged Her Tail. the 60th Air Mobility Wing on its 50th Anniver- f Mr. Speaker, William’s dedication to our sary, and I ask my colleagues to join me in country and his community serves as an in- recognizing the extraordinary dedication of the CONGRATULATING CAPTAIN spiring lesson to all. I admire his outstanding officer, enlisted, and civilian personnel who BOSWORTH ON HIS RETIREMENT sacrifices and I am proud to honor this great have served our nation. They have given FROM THE NAVY RESERVES resident from New York’s 11th Congressional Travis Air Force Base a renowned past, excit- District. ing present, and a very bright future. HON. ANDER CRENSHAW f f OF FLORIDA IN THE HOUSE OF REPRESENTATIVES COMMEMORATING ELIZABETH S. TEAM JONNY TAI’S SERVICE TO POQUOSON, Tuesday, February 2, 2016 VIRGINIA HON. TED POE Mr. CRENSHAW. Mr. Speaker, I rise today OF TEXAS to pay tribute to the incredible service of Capt. HON. ROBERT J. WITTMAN IN THE HOUSE OF REPRESENTATIVES William P. Bosworth, MC USNR (RET). Cap- tain Bosworth served on active duty from OF VIRGINIA Tuesday, February 2, 2016 IN THE HOUSE OF REPRESENTATIVES Sept. 1953 until Jan. 1958. After attending Mr. POE of Texas. Mr. Speaker, on Christ- medical school at the University of Health Tuesday, February 2, 2016 mas Day 2014, 7-year-old Jonny was diag- Sciences in Kansas City, Missouri, he joined Mr. WITTMAN. Mr. Speaker, I rise today to nosed with brain and spinal cancer. On Janu- the Navy Medical Corps and again served his recognize Mrs. Elizabeth S. Tai. After 36 ary 2nd, 2016, young Jonny’s family laid him country with distinction from June 1972 until years, she has retired from the position of Di- to rest. March 1999. rector of the Poquoson Public Library. Under Roughly 1 in every 300 children in the As an Osteopathic Physician, Dr. Bosworth her leadership, Poquoson Public Library was United States will be diagnosed with some provided operational medicine and primary accredited by the Library of Virginia, and start- form of cancer before their 20th birthday. care to hundreds of patients at his various ed receiving state funding in 1980. During her Jonny always said: ‘‘I don’t want any other kid duty stations. He retired in 1999 as a Captain tenure, Elizabeth S. Tai spearheaded many to have cancer.’’ but continued to serve the Navy Reserves initiatives which resulted in Poquoson Public Jonny’s family, with the help of their Rep- three to four days per month here at NAS Library becoming one of the busiest and most resentative RODNEY DAVIS, are making sure Jacksonville until today. In fact, Bill Bosworth respected libraries in Virginia. I thank her for Congress hears this message. They have also volunteered as a Reserve Medical Officer for

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K02FE8.011 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E93 456 consecutive months from 1976 until 2013 IN MEMORY OF KATHRYN survived by her sister-in-law and spouse, and logged approximately 792 drill weekends BURKETT Jeannette Burkett and Owen Livingston and her children and spouses/partners: Jimmy at our military bases. He is the epitome of the and Debbie Burkett, Donny and Jeannie dedicated officer. HON. JOE WILSON Burkett, Ronny and Mary Burkett, Tim It is his voluntary reserve service that I OF SOUTH CAROLINA Burkett and Lance Wilhelm, and Andrea and would like to applaud. Dr. Bosworth applied for IN THE HOUSE OF REPRESENTATIVES Bobby Lange. She is survived by grand- children and spouses/partners: Sarah and permission to participate with the Navy Re- Tuesday, February 2, 2016 Heath Maner, Laura and Zach Moore, Tif- serves in a retired status with no points ac- Mr. WILSON of South Carolina. Mr. Speak- fany Burkett, Brandi and Mike Dixon, Mi- crued for retirement, with no payment author- er, yesterday, Kathryn Louise Spires Burkett of chael Burkett and Lisa Walner, Patrick Burkett, Meghan Burkett, Ian and Jenn ized, and with no travel authorized. He served Edmund was properly eulogized during funeral because Bill loved the men and women in the Burkett, Jesse Bundrick and Jada Lange. services recognizing her legacy as one of She was blessed with great-granddaughters, Navy and wanted to assist them in any way South Carolina’s most beloved civic leaders Micaiah, Anna, and Alexis Burkett and Char- he could. Year after year, he performed and homemakers. ley Dixon, and newborn great-grandson, Eze- physicals and primary care for all the sailors in She and her late husband Horace raised kiel Burkett. our local Naval Reserves. their children to become some of the most re- Visitation will be held on Monday, Feb- spected professionals of the Midlands of ruary 1, at Cayce United Methodist Church Of course, that kept him busy on weekends, South Carolina with her grandchildren now from 1:30 p.m. to 2:45 p.m. and followed by but he also remained an active physician on services at 3:00 p.m. Private interment will achieving the highest standards of community follow in Southland Memorial Gardens. The the staffs of two local hospitals. He was li- service and success. censed in three states: Florida, Georgia and family will receive friends at the home of In January 1984, her passion for excellence Ronny and Mary Burkett, 87 Holly Ridge Tennessee so he could better serve his sail- was crucial in launching my successful cam- Lane, West Columbia, on Sunday afternoon ors. He is a Lifetime Member of the Duval paign to serve in the State Senate when she from 2–5 p.m. Memorials may be made to the County Medical Society and the American was a co-host of a reception at the Farm Bu- Crystal Bradshaw Foundation, 17 Abberton Academy of Family Physicians. He is Past reau in Cayce. The Burkett Family endorse- Court, Chapin, SC 29036. The family wishes President of the Duval County Academy of ment made the difference in a very chal- to thank the special caregivers and residents of Oakleaf Village who were family to Kath- Family Physicians and Former Chairman of lenging effort for victory in the October Repub- ryn in her later years. the Duval County Hospital Authority. lican primary replacing an incumbent. A fitting tribute was published on January f One Commanding Officer wrote that Captain 31st in The State newspaper of Columbia, HONORING THE USO FOR 75 YEARS Bosworth ‘‘demonstrated unparalleled leader- South Carolina: ship and skills in the superior performance of OF SERVICE TO OUR TROOPS Kathryn Louise Spires Burkett entered AND THEIR FAMILIES his duties.’’ I couldn’t agree more. But there is into eternal rest on January 30, 2016, fol- another side of Bill Bosworth that many may lowing a brief illness. Kathryn, born April 11, not know. Bill and I share a love for the game 1929, was a daughter of Drayton and Sara HON. ANDER CRENSHAW of basketball. Yes, Dr. Bill Bosworth is an ac- Spires of Cayce, S.C. She attended BC High OF FLORIDA tive participant and officer in the National School where she was Homecoming Queen IN THE HOUSE OF REPRESENTATIVES representing her lifelong sweetheart, Horace Men’s Masters Basketball Championships. Olin Burkett, Jr. She attended Columbia Tuesday, February 2, 2016 Every year, he teams up with such basketball College before she and Horace married in Mr. CRENSHAW. Mr. Speaker, I rise today greats as Artis Gilmore and Sam Jones and 1949. They were proud parents to Jimmy, to honor the hard working men and women of Donny, Ronny, Timmy, and Andrea and pur- brings the game to Jacksonville. Just two the USO in celebration of their 75th Birthday weeks ago, the games were played at the sued their dream of raising their children in the country. They moved to their beloved 17 of entertaining and supporting our troops and Jacksonville Sportsplex. This endeavor has acres in Edmund in 1962. Their home was a families. I especially applaud the work of the developed into national events and has been place of welcome to all, an endless source of Greater Jacksonville Area USO which makes included in the World Masters Games and the adventure to their children, and the site of it its mission to lift the spirits of our service World Senior Games. Bill and his wife Wanda countless picnics, fish fries, and family gath- members and their families. This small army both serve on the Florida Division of the Na- erings. Kathryn’s boundless energy was de- of mostly volunteers reaches out to active duty voted to home, family, church, and commu- military at our three large navy bases, Naval tional Basketball Tournament Committee. nity. She planted, nurtured, and harvested an acre vegetable garden every summer and Air Station Jacksonville, Naval Station Mayport There is a saying in the United States Navy and Naval Submarine Base Kings Bay. They when a person retires that ‘‘this sailor stood proudly canned enough food to feed her fam- ily throughout the year. She was a mar- also support our United States Coast Guard the watch’’ and today, Mr. Speaker, I ask you velous cook, and her hand gently stirring a men and women, the Marines at Blount Island and Members of the House to join me in salut- bowl of flour into mouth-watering biscuits Command, Army personnel stationed in the ing my longtime friend, Dr. William P. was a wonder to behold. area, and those serving in the Florida National Bosworth, MC USNR, for a job well done. He She served on the Governor’s Beautifi- Guard. has faithfully stood the watch all these years cation Board and volunteered with the The USO was formed in 1941 at the request American Heart Association, American Can- and now his watch stands relieved. cer Society, Little League, Cub Scouts, and of President Franklin D. Roosevelt who real- PTA. She and Horace also served in many ca- ized he needed a civilian organization to han- f pacities at Cayce United Methodist Church dle on-leave recreation. This call to action led and the Edmund Community Club. Kathryn six agencies to coordinate their civilian war ef- PERSONAL EXPLANATION was devoted to the cause of mental health forts and resources to form a new organiza- and was a catalyst in starting the first Lex- tion—the USO, United Service Organizations. ington County Mental Health Center. She Today, the USO is a private, not for profit or- also had an avid interest in politics, volun- ganization, supported entirely by donations HON. JOSEPH CROWLEY teering for Strom Thurmond, Floyd Spence from citizens and organizations. OF NEW YORK and Ben Carson, among many others, and as a poll watcher and precinct captain. Since its inception, the USO has been that IN THE HOUSE OF REPRESENTATIVES Kathryn and Horace left a legacy to their ‘‘Home Away From Home’’ for our military dur- children, grandchildren, and great-grand- ing wars and during peace time. The Greater Tuesday, February 2, 2016 children of commitment, faithfulness, and an Jacksonville Area USO was established as an Mr. CROWLEY. Mr. Speaker, on February unfailing knowledge of the difference be- independent branch of the national USO in tween right and wrong. We thank them from 1, 2016 I was absent for recorded vote Num- 1979. Today, its three centers continue to the bottom of our hearts and proudly carry serve over 250,000 military and families with bers 46 through 47. all they taught us into the future. Kathryn quality of life and morale boosting programs. I would like to reflect how I would have was predeceased by her parents, Drayton and Sara; her husband, Horace; her brothers, Col I have had the privilege of working with the voted if I were here: on Roll Call Number 46 and Fred Spires; her sister, Margie McNair; USO and its many volunteers in serving din- I would have voted yes, and on Roll Call Num- brother-in-law, David Burkett; and her ners prior to pay days. They are called No ber 47 I would have voted yes. granddaughter, Crystal Bradshaw. She is Dough Dinners and are hugely popular with

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K02FE8.017 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E94 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2016 our junior ranking families. In addition, our ership to the city of Thomasville, North Caro- and Safe Schools Foundations. She has a USO mails over 15,000 goodie boxes to front lina through his work at the Thomasville Area long history of social activism, supporting line troops and distributes hundreds of calling Chamber of Commerce. I have seen firsthand charity and nonprofit programs like Shop With cards for deployed troops to call home. Here the positive impact Mr. Croft has had on his A Cop, Community Action Napa Valley, and in Jacksonville, the USO operates Internet community, and I know I will not be the last to the Napa Valley Education Foundation. Lieu- cyber cafes, assists families and troops with say how much he will be missed. tenant Peecock has consistently acted with re- programs like United Through Reading where Under Mr. Croft’s exceptional leadership, markable dedication and character, and resi- the deployed member reads a book on a DVD the city of Thomasville rebounded from a pe- dents of Napa and the surrounding areas have to his or her children back home. Two of the riod of manufacturing and furniture-building job benefitted enormously from her efforts. USO’s most popular programs are the Wel- loss during the recent recession. He success- Mr. Speaker, Lieutenant Debbie Peecock come Center at our airport and free or re- fully helped turn the city around and create a has served her community with admirable in- duced cost tickets to local sporting and cul- business-friendly and job-creating center with- tegrity and commitment for three decades. It is tural events. in the state of North Carolina. In addition to fitting and proper that I honor her here today. On February 4, 2016, the Greater Jackson- his impact on the local economic recovery, Mr. I wish Lieutenant Peecock the best in her re- ville Area USO will celebrate 75 years of serv- Croft played a critical role in the City of Thom- tirement. ing our military and providing help on the asville’s selection as an ‘‘All-American City’’ f home front for those who give their all for the for 2013, by the National Civic League. security of this nation. The Greater Jackson- Mr. Croft has also been instrumental in the RECOGNIZING THE PALM BEACH ville Area USO is 100 percent self-funded and development and implementation of two key TOWN SQUARE PROJECT relies on donations from citizens and corpora- city-wide initiatives, the ‘‘Envision 2020’’ stra- tions like Boeing, Jacksonville Jaguars, W.W. tegic plan and the ‘‘Thomasville on the Move’’ HON. LOIS FRANKEL Gay, VyStar Credit Union, Siemens, Northrop capital raising campaign. In fact, as a result of OF FLORIDA Grumman, Florida Blue, Jacksonville Inter- his hard work on the ‘‘Thomasville on the IN THE HOUSE OF REPRESENTATIVES national Airport and the PGA Tour among oth- Move’’ campaign, Mr. Croft was recognized in ers. 2011 as the Chamber Executive of the Year Tuesday, February 2, 2016 Mr. Speaker, I ask you and Members of the for North Carolina by the Carolinas Associa- Ms. FRANKEL of Florida. Mr. Speaker, I House of Representatives to join me in ac- tion of Chamber of Commerce Executives. rise today to recognize the unveiling of the knowledging the 75th Birthday of the USO and Mr. Speaker, please join me in congratu- newly renovated Palm Beach Town Square, its commitment to our active duty military. lating Mr. Doug Croft for his successful tenure and to thank those involved in the project for f as President of the Thomasville Area Cham- their hard work. On Sunday, January 31st, the ber of Commerce, and wishing him well as he Town of Palm Beach dedicated the newly ren- OUR UNCONSCIONABLE NATIONAL begins the next chapter of his already distin- DEBT ovated Town Square, a symbol of Palm guished career. Beach’s rich and unique history. f The Palm Beach Centennial Commission, in HON. MIKE COFFMAN celebration of the 100th anniversary of the OF COLORADO HONORING LIEUTENANT DEBBIE Town of Palm Beach’s incorporation, spear- IN THE HOUSE OF REPRESENTATIVES PEECOCK headed the effort to renovate the square. Tuesday, February 2, 2016 Plans for the Town Square were first approved in 1929 by the Garden Club of Palm Beach, Mr. COFFMAN. Mr. Speaker, on January HON. MIKE THOMPSON an organization which played a role in this re- 20, 2009, the day President Obama took of- OF CALIFORNIA cent renovation as well. fice, the national debt was IN THE HOUSE OF REPRESENTATIVES The project restored the famous Seahorse $10,626,877,048,913.08. Tuesday, February 2, 2016 Fountain and the surrounding architecture and Today, it is $19,012,827,698,417.93. We’ve landscape. The fountain was designed by added $8,385,950,649,504.85 to our debt in 7 Mr. THOMPSON of California. Mr. Speaker, Addison Mizner in 1929 to honor the two Palm years. This is over $8 trillion in debt our na- I rise today to recognize and honor Lieutenant Beach pioneers: Henry Flagler, the founder of tion, our economy, and our children could Debbie Peecock, of the Napa Police Depart- Palm Beach, and Elisha Newton Dimick, the have avoided with a balanced budget amend- ment, who is retiring after 30 years of service town’s first Mayor. Funding for the original ment. to her community. Debbie Peecock joined the Napa Police De- fountain was a community effort fronted by f partment on September 9, 1985, and eventu- Harold S. Vanderbilt and other Palm Beach PERSONAL EXPLANATION ally became the first woman in Napa police residents. Along with the fountain, this historic history to earn her current rank of lieutenant. square includes a Memorial Park and reflect- In this role, Lieutenant Peecock oversees the ing pool and Veterans memorial wall. HON. ADAM B. SCHIFF Just as the original fountain was made pos- OF CALIFORNIA Special Operations Division of the Napa Police Department. She manages the department’s sible by Palm Beach residents in 1929, this IN THE HOUSE OF REPRESENTATIVES Investigations Bureau, Youth Services Bureau renovation was a community effort. I would Tuesday, February 2, 2016 and the Homeless Outreach Program, while like to thank the local clubs and organizations, Mr. SCHIFF. Mr. Speaker, during Roll Call also heading Napa’s Canine and SWAT Units. town officials, and those in the community who vote number 46 on February 1, 2016, I was Lieutenant Peecock further serves as the liai- donated their time and funds to this endeavor unavoidably detained. Had I been present, I son between the Napa PD and the Napa Val- for their commitment to the Town of Palm would have voted aye. ley Unified School District, the Napa County Beach. Office of Education, and Napa County Health f f and Human Services. PERSONAL EXPLANATION IN RECOGNITION OF DOUG It is difficult to overstate the impact Lieuten- CROFT’S TENURE AS PRESIDENT ant Peecock has had on our community. Her OF THE THOMASVILLE AREA consistent leadership and activism have made HON. MIKE POMPEO CHAMBER OF COMMERCE her a well-known and well-liked figure, one OF KANSAS whose advice is often sought out by commu- IN THE HOUSE OF REPRESENTATIVES nity members. Her influence extends beyond HON. RICHARD HUDSON Tuesday, February 2, 2016 OF NORTH CAROLINA her work in the Police Department, as Lieuten- IN THE HOUSE OF REPRESENTATIVES ant Peecock also works with numerous organi- Mr. POMPEO. Mr. Speaker, on roll call no. zations and foundations, including the Con- 46 and 47, I was unable to cast my vote in Tuesday, February 2, 2016 tinuum of Care, the Napa County Advisory person due to a previously scheduled engage- Mr. HUDSON. Mr. Speaker, I rise today to Board on Alcohol and Drug Programs, the ment. Had I been present, I would have voted honor Mr. Doug Croft for his 28 years of lead- Catalyst Coalition and the Napa County DARE Yea.

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K02FE8.018 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E95 A TRIBUTE: NATIONAL FREEDOM Many of the events and activities for which and his team have done everything from trav- DAY ASSOCIATION Trenton has become known started with eling down to South Carolina to assist families Joann. During an internship with Wayne Coun- recovering from the historic flooding that took HON. ROBERT A. BRADY ty Parks 31 years ago, she designed the place last year to building wheelchair ramps at OF PENNSYLVANIA ‘‘Somewhere in Time’’ event which captures the homes of disabled community residents. IN THE HOUSE OF REPRESENTATIVES the spirit of the iconic Elizabeth Park in the Mr. Holloway is an inspiration to all the Rich- Tuesday, February 2, 2016 early 1900’s and engages residents with the mond County community and this award is history of their city. Joann has also been the truly a testament to the appreciation he has so Mr. BRADY of Pennsylvania. Mr. Speaker, I driving force behind the ‘‘Community Builds’’ rightfully earned. rise to celebrate National Freedom Day 2016, program and the ‘‘Healthy Trenton Initiative’’ Mr. Speaker, please join me in congratu- a holiday established to recognize the day which both promote healthy and active life- lating Mr. Dennis Holloway for receiving this President Abraham Lincoln signed the 13th styles by emphasizing teamwork. prestigious distinction, and wishing him well as Amendment freeing enslaved Blacks. On Feb- Joann is instrumental in the success of he continues to serve the people of Richmond ruary 1, 1941, Major Richard Robert Wright, community events in Trenton and is well County, North Carolina. Sr. invited national and local leaders to meet known for her ability to organize and inspire in Philadelphia to formulate plans to set aside volunteers. Many projects, including the recent f February 1st each year to memorialize the addition of a playground to Affholter Park, are signing of the 13th Amendment to the Con- finished in record time due to the groundswell PERSONAL EXPLANATION stitution by President Lincoln on February 1, of community support Joann encourages. It’s 1865. One year after Major Wright’s death in because she practices what she preaches, HON. ADAM B. SCHIFF 1947, a bill passed both U.S. Houses of Con- and generously dedicates her time to organi- OF CALIFORNIA gress making February 1st National Freedom zations throughout the Downriver community, Day. such as the International Wildlife Refuge Alli- IN THE HOUSE OF REPRESENTATIVES Major Wright is recognized as a post recon- ance where she serves as a board member. Tuesday, February 2, 2016 struction pioneer and trailblazer who dedicated Joann is part of the heart and soul of Tren- Mr. SCHIFF. Mr. Speaker, during Roll Call his life to establishing this national day of ton, Michigan and the Downrivers. Tonight, we vote number 47 on February 1, 2016, I was commemoration of freedom. Each year on the recognize Joann with the Duane Brannick unavoidably detained. Had I been present, I first day of Black History Month, National award for outstanding service to the city, an would have voted aye. Freedom Day Associations in cities and states award which is annually given to leaders in across the nation come together for this an- the city that go above and beyond. I know that nual observance to promote goodwill, harmony Joann is the perfect recipient of this pres- f and equal opportunity and to rededicate the tigious award and I am proud to call her a PERSONAL EXPLANATION nation to these ideals. friend. And, as we look back at the life of Major Mr. Speaker, I ask my colleagues to join me Wright, we discover a true American story of today to honor Joann Gonyea for her 31 years HON. DIANE BLACK resilience, foresight and faith. He was born of service to the city of Trenton. I thank her for OF TENNESSEE into slavery in 1855. And, as a child he en- her leadership, and wish her many years of IN THE HOUSE OF REPRESENTATIVES countered retired Union Civil War General Oli- success. ver Otis Howard, in an Atlanta classroom. Tuesday, February 2, 2016 f Summoning up unbelievable courage he said, Mrs. BLACK. Mr. Speaker, on roll call no. ‘‘Sir, tell them we are rising,’’ as a way to help IN RECOGNITION OF DENNIS 46 I was unavoidably detained. Had I been northerners understand the hope of newly HOLLOWAY’S SELECTION AS THE present, I would have voted yes. freed Blacks. These words came to be Major RICHMOND COUNTY CHAMBER OF Wright’s lifelong mantra. COMMERCE 2015 CITIZEN OF THE f His personal ‘‘rising’’ included: serving as a YEAR major in the Spanish-American War, founding PERSONAL EXPLANATION and leading Savannah State College; attend- HON. RICHARD HUDSON ing the Wharton School of the University of OF NORTH CAROLINA Pennsylvania at the age of 67; and, founding HON. DORIS O. MATSUI IN THE HOUSE OF REPRESENTATIVES the Citizens and Southern Bank and Trust OF CALIFORNIA Company, in Philadelphia, the only northern Tuesday, February 2, 2016 IN THE HOUSE OF REPRESENTATIVES Black-owned bank at the time. Mr. HUDSON. Mr. Speaker, I rise today to Tuesday, February 2, 2016 Therefore, I am proud to honor the life and honor Mr. Dennis Holloway for his selection as contributions of Major Wright, a great Amer- the Richmond County Chamber of Com- Ms. MATSUI. Mr. Speaker, I was not ican visionary and trailblazer and the National merce’s 2015 Citizen of the Year. Mr. Hollo- present during roll call vote number 45 on Freedom Day Association as it stands as an way represents the best our area has to offer, January 13, 2016. I would like to reflect that historic reminder of our nation’s promise of and this selection illustrates the profound im- on roll call vote number 45 I would have voted freedom and justice. pact he has had on our community. No. f Mr. Holloway decided early in life to dedi- f IN RECOGNITION OF JOANN cate himself to helping others in need, and he GONYEA’S SERVICE TO THE CITY has not stopped that mission since. Mr. Hollo- PERSONAL EXPLANATION OF TRENTON way served in the United States Army as a member of the 82nd Airborne until he was HON. YVETTE D. CLARKE HON. DEBBIE DINGELL honorably discharged in 1967 after serious in- juries he sustained during a training exercise OF NEW YORK OF MICHIGAN hindered his deployment. After surviving this IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES harrowing ordeal, Mr. Holloway worked in the Tuesday, February 2, 2016 Tuesday, February 2, 2016 North Carolina Wildlife Resources Commission Mrs. DINGELL. Mr. Speaker, I rise today to for 30 years. Ms. CLARKE of New York. Mr. Speaker, on recognize Joann Gonyea for her 31 years of The list of charitable acts Mr. Holloway has February 1, 2016, I was unavoidably detained service in the Parks and Recreation Depart- carried out and the number of leadership posi- and missed recorded votes Number 46 ment of Trenton, Michigan. tions within several community service organi- through 47. Had I been present, on Roll Call Joann began her career with the City of zations he holds demonstrates the commit- Number 46, H.R. 2187—Fair Investment Op- Trenton Parks and Recreation Department as ment he has made to serving those in his portunities for Professional Experts Act, I a Program Coordinator in 1985. She became community, and beyond. As a recovery team would have voted YEA, and on Roll Call Num- the Assistant Director in 1990 and served in leader for the North Carolina Baptist Men, a ber 47, H.R. 4168—Small Business Capital that role for 20 years before being appointed nondenominational organization dedicated to Formation Enhancement Act, I would have Director in 2011. providing relief to those in need, Mr. Holloway voted YEA.

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.014 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E96 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2016 TO HONOR THE LIFE OF SHERIFF the orphanage when the area was seized by of his commitment to goodwill, General MAYNARD B. REID, JR. Al Qaeda-affiliated terrorists. Snowden was here in this chamber in April, We memorialize Mike’s life by honoring him 2015 as a guest of the Prime Minister of HON. RICHARD HUDSON in the CONGRESSIONAL RECORD here today. Japan Shinzo¯ Abe when he addressed the OF NORTH CAROLINA But we honor his memory by recommitting Congress. At his side was the grandson of the IN THE HOUSE OF REPRESENTATIVES ourselves to the truth shared by Dr. Martin Lu- commander of the Japanese garrison on Iwo ther King, Jr., and a testament to how Mike Jima while General Snowden’s efforts were Tuesday, February 2, 2016 lived his life of service: ‘‘Darkness cannot recognized by the Prime Minister. Mr. HUDSON. Mr. Speaker, I rise today to drive out darkness; only light can do that. Hate As a 25-year veteran of the Marine Corps I honor Randolph County Sheriff Maynard B. cannot drive out hate, only love can do that.’’ am honored to recognize the historic anniver- Reid, Jr., who passed away on January 5, Mr. Speaker, while Mike Riddering’s life was sary of the Battle of Iwo Jima, and I am 2016 at the age of 69. We send our prayers cut short by those hoping to instill fear, hatred, pleased to call attention to this great Amer- and sincerest condolences to his wife, Sandra, and darkness in our world, his life of service, ican, Lieutenant General Lawrence F. and the entire Reid family. light, and love will never fade. He will be Snowden. I applaud his contribution to the Sheriff Reid began his life of public service greatly missed by his family and friends and past, present, and future of our great nation as in the United States Marine Corps and served all the lives he touched both in South Florida a Marine and a statesman. his nation during the Vietnam War. After re- and Burkina Faso. It is through them that his f turning from his service, Sheriff Reid joined light will continue to shine on. PERSONAL EXPLANATION the Asheboro Police Department and eventu- f ally moved to the Randolph County Sheriffs Office. In 2006, he was elected Sheriff of Ran- RECOGNIZING LIEUTENANT HON. STEVE KING GENERAL LAWRENCE F. SNOWDEN dolph County and served in his post for 10 OF IOWA years. Under his leadership, there was a great IN THE HOUSE OF REPRESENTATIVES emphasis on community outreach efforts and HON. JOHN KLINE Tuesday, February 2, 2016 enabling those under his command to better OF MINNESOTA serve the people of Randolph County. This IN THE HOUSE OF REPRESENTATIVES Mr. KING of Iowa. Mr. Speaker, I was un- able to vote on February 1, 2016. Had I been could be seen through his efforts to modernize Tuesday, February 2, 2016 officer’s patrol vehicles and the creation of a present, I would have voted as follows: YES task force designed to combat internet preda- Mr. KLINE. Mr. Speaker, I rise today to rec- on Roll Call Number 46; YES on Roll Call tors that targeted children. ognize a great American, a great Marine, and Number 47. Sheriff Reid was a 40 year veteran of law a champion of lasting friendship between the f enforcement who spent nearly his entire life people of the United States and Japan. As our serving and protecting his community. He was nation prepares to recognize the 71st anniver- PERSONAL EXPLANATION an inspiration to all who had the honor of serv- sary of the Battle of Iwo Jima, it is timely to ing beside him and under his leadership. The recognize a veteran of that iconic struggle in HON. BILL FLORES Randolph County community will always re- the Second World War. OF TEXAS member the man he was and the legacy he Lieutenant General Lawrence F. Snowden IN THE HOUSE OF REPRESENTATIVES was born April 14, 1921 in Charlottesville, Vir- has passed down to future public servants. Tuesday, February 2, 2016 Mr. Speaker, please join me today in cele- ginia and graduated from the University of Vir- brating the life of Sheriff Maynard B. Reid, Jr. ginia in 1942. Prior to graduating, General Mr. FLORES. Mr. Speaker, I rise to state and honoring him for his profound commitment Snowden enlisted in the Marine Corps Re- that I was not able to be on the House floor to his country, his community, and the numer- serve in February, 1942 and was called to ac- for roll call vote 46 to H.R. 2187 taken on Feb- ous lives he touched throughout his life. tive duty in May, 1942. He was commissioned ruary 1, 2016. Had I been present for this f as a Marine Second Lieutenant on July 18, vote, I would have voted aye. 1942. Assigned to Camp Lejeune, North Caro- The Fair Investment Opportunities for Pro- HONORING THE LIFE OF MICHAEL lina, he served initially with the 23rd Marine fessional Experts Act expands the definition of JAMES RIDDERING Regiment, assigned to the 3rd and then the accredited investor to also include professional 4th Marine Divisions. experts. This ensures that investors in my HON. PATRICK MURPHY From February, 1944 until March, 1945 he Congressional district have the right to access OF FLORIDA saw combat as a Company Commander with suitable investment vehicles and is critical for IN THE HOUSE OF REPRESENTATIVES the 23rd Marines in the capture of Roi-Namur markets to operate efficiently. in the Marshall Islands, the capture of Saipan f Tuesday, February 2, 2016 and Tinian, and the legendary assault on Iwo Mr. MURPHY of Florida. Mr. Speaker, I rise Jima which commenced on February 19, HONORING BARRY COATES today to honor the life of Michael James 1945. It was Fleet Admiral Chester Nimitz Riddering. Mike, who dedicated his life to who, when speaking of the Battle of Iwo Jima, HON. TOM RICE serving others as an American missionary in stated that, ‘‘Uncommon valor was a common OF SOUTH CAROLINA Burkina Faso, was tragically taken from this virtue.’’ General Snowden is the senior sur- IN THE HOUSE OF REPRESENTATIVES world far too soon at the age of 45, a victim viving American veteran of that battle in which of the terrorist attack that struck this West Afri- he was wounded twice. General Snowden re- Tuesday, February 2, 2016 can nation on January 15th. My thoughts and tired from the Marine Corps after more than Mr. RICE of South Carolina. Mr. Speaker, I prayers are with his wife Amy and their chil- 37 years of active service in 1979, serving his rise today to honor the life of Mr. Barry dren Haley, Delaney, Biba, and Moise during last years as Chief of Staff, Headquarters U.S. Coates, a United States Army veteran from this most difficult time. Marine Corps. McBee, South Carolina. Five years ago, Mr. Riddering and his wife His commitment to our nation and healing Barry passed away last week from terminal Amy left their home in Hollywood, Florida to the wounds of the war did not end at his re- cancer that was left untreated by the VA for move to Burkina Faso to run the Sheltering tirement. General Snowden became a regular over a year. Even as he battled his illness, Wings’ mission in the town of Yako. Together, traveler to Japan and to Iwo Jima leading a Barry remained a champion for improving they helped women and children in need, run- ‘‘Reunion of Honor’’ with his fellow veterans of medical access and care for all veterans. ning an orphanage, school, and medical clinic. the battle from both the United States and Mr. Speaker, I join with the people of South While in Burkina Faso, the couple adopted two Japan. His mission is a solemn one of rec- Carolina in recognizing the life of Barry. To- children, 15-year-old Biba and 4-year-old onciliation. As the widow of the Japanese gether, we honor his service and dedication to Moise. commanding general said to him, ‘‘Once en- the fight for better treatment for our veterans. It was this commitment and service that led emies, now friends.’’ His contributions to this fight leave an indelible him to Ouagadougou on the day of the ter- General Snowden himself has stated, mark that will always be remembered. rorist attack in the nation’s capital. Mike had ‘‘Those men didn’t want to be here any more Barry will be greatly missed and I ask that gone to greet a team of missionaries who than we did. They were doing their duty. You we keep Barry’s wife, Donna, his five children, were just arriving in Burkina Faso to work at don’t hate anybody for that.’’ As a further sign Scotty, Breanna, Shane, Troy, and Tyler, and

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.021 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E97 the rest of his family in our thoughts and pray- Dr. Moose also serves on multiple commit- the subjective and permanent exclusion of ers. tees and boards for the state of North Caro- large numbers of minorities from the demo- Mr. Speaker, we must do better for our na- lina, including the Medicaid Pharmacy and cratic process were a particularly potent weap- tion’s veterans. Therapeutics Committee as well as co-chairing on in their efforts to undermine African-Amer- f the Medicaid Drug Regimen Review Board. As ican political power. a result of his tireless efforts, Dr. Moose has Those who championed these bans were PERSONAL EXPLANATION been the recipient of multiple awards and hon- clear on their intent. In 1901, disenfranchise- ors, with his latest being the NCPA’s 2015 ment in Alabama was extended to all crimes HON. BILL HUIZENGA Willard B. Simmons Independent Pharmacist involving ‘‘moral turpitude’’—applying to mis- OF MICHIGAN of the Year. This award, according to the demeanors and even non-criminal acts. The IN THE HOUSE OF REPRESENTATIVES NCPA, recognizes an independent pharmacist president of the constitutional convention ar- gued the state needed to avert what he called Tuesday, February 2, 2016 for exemplary leadership and commitment to independent pharmacy and to their commu- the ‘‘menace of Negro domination.’’ Mr. HUIZENGA of Michigan. Mr. Speaker, I nity. Dr. Moose received this award at the In 2016 we are still operating under some of rise today regarding missed votes on Monday, NCPA 2015 Annual Convention on October the same laws that were cornerstones of Jim February 1, 2016. Had I been present for roll 11, 2015. Crow. Our nation’s existing patchwork of fed- call vote number 46, H.R. 2187, the Fair In- Mr. Speaker, please join me in congratu- eral law disfranchising people with criminal vestment Opportunities for Professional Ex- lating Dr. Joe Moose for receiving this pres- records perpetuates entrenched racial and so- perts Act, I would have voted ‘‘yea.’’ Had I tigious distinction, and wishing him and his cioeconomic discrimination. We’ve clearly fall- been present for roll call vote number 47, H.R. family well as they continue to serve the peo- en woefully short of achieving our ideals. We 4168, the Small Business Capital Formation ple of North Carolina with high-quality care can and must do better. Enhancement Act, I would have voted ‘‘yea.’’ and exceptional customer service. Rep. JOHN CONYERS has introduced a great f f piece of legislation to restore voting rights in federal elections to the millions of Americans PERSONAL EXPLANATION URGENCY OF ADDRESSING who have been released from incarceration, FELONY DISENFRANCHISEMENT but continue to be denied the right to vote. I HON. RODNEY DAVIS encourage all of my colleagues, from both OF ILLINOIS HON. TERRI A. SEWELL sides of the aisle, to support the Democracy IN THE HOUSE OF REPRESENTATIVES OF ALABAMA Restoration Act of 2015, a bill to restore voting Tuesday, February 2, 2016 IN THE HOUSE OF REPRESENTATIVES rights in federal elections to people who are Tuesday, February 2, 2016 out of prison and living in the community. Mr. RODNEY DAVIS of Illinois. Mr. Speak- f er, on Monday, February 1, 2016, I was ab- Ms. SEWELL of Alabama. Mr. Speaker, I sent from the House because I was unavoid- rise on the first Restoration Tuesday of Feb- RECOGNIZING ROSE STRONG ON ably detained. Due to my absence, I did not ruary to talk about the issue of felony dis- HER 70TH BIRTHDAY record my vote on the first vote of the day. I enfranchisement, an issue that is critical to would like to reflect how I would have voted voting rights in our country. HON. DAVID G. REICHERT had I been present for legislative business. Felony disenfranchisement dates back to OF WASHINGTON Had I been present, I would have voted before the Jim Crow era. It is inconsistent with IN THE HOUSE OF REPRESENTATIVES ‘‘aye’’ on Roll Call 46. the values we cherish most in our country Tuesday, February 2, 2016 f today and it contradicts the narrative that we’ve moved beyond the sins of our past. The Mr. REICHERT. Mr. Speaker, It is my dis- IN RECOGNITION OF JOE MOOSE’S United States should not be a country where tinct honor to recognize Ms. Rose Strong on SELECTION AS THE NATIONAL past mistakes have endless consequences her 70th birthday. COMMUNITY PHARMACISTS AS- with no opportunity for second chances. Born in Minden, Louisiana, the 12th of 13 SOCIATION’S 2015 WILLARD B. 5.85 million Americans are denied the right children, Ms. Strong grew up to defy the odds SIMMONS INDEPENDENT PHAR- to vote because of these laws. 4.4 million are of her time and distinguish herself as an effec- MACIST OF THE YEAR out of prison, living in our communities, paying tive leader. taxes, working, and raising families, yet they Known as a pioneer among women in the HON. RICHARD HUDSON remain unable to vote, shut out from our de- 1970s and 1980s, Ms. Strong was elected as OF NORTH CAROLINA mocracy. a City Councilwoman of Columbus, Georgia in IN THE HOUSE OF REPRESENTATIVES Denying this right of citizenship further pun- 1984, making her the first African American ishes individuals who re-enter our commu- woman elected in Muscogee County. She Tuesday, February 2, 2016 nities and counters the expectation that citi- went on to be appointed by President George Mr. HUDSON. Mr. Speaker, I rise today to zens have rehabilitated themselves following a H.W. Bush as Deputy Director, Intergovern- honor Dr. Joe Moose for his selection as the conviction. The United States should not be a mental Affairs of the U.S. Department of National Community Pharmacists Associa- country where past mistakes have countless Transportation in 1989. tion’s (NCPA) 2015 Willard B. Simmons Inde- consequences with no opportunity for redress. At the age of 70, Ms. Strong continues her pendent Pharmacist of the Year. Dr. Moose My home state of Alabama is one of 12 impressive career, currently holding the posi- and his family have been providing top of the states that do not automatically restore voting tion of Vice-President and Spokesperson of line care to residents of the state of North rights to people who have served their sen- T.E.C.H. for the World, Inc. Carolina for four generations, and this most tences. Alabama has one of the nation’s high- Aside from the contributions Ms. Strong has recent honor illustrates yet again the profound est disenfranchisement rates. Nearly a third of made in her professional life, she has recently impact he has had on our community. African American men in my home state have been honored at her local place of worship, Since receiving his Doctorate of Pharmacy permanently lost their right to vote. Regardless The City Church in Seattle, as one of its ‘‘Pil- from Campbell University’s College of Phar- of the amount of time they’ve been out of pris- lars.’’ macy and Health Science, Dr. Moose has on, they have been completely excluded from She is also the proud mother of two children dedicated himself to providing the best care the electoral process. who have followed in their mother’s footsteps possible for his patients while also focusing on These state laws that bar 5.8 million Ameri- of serving their community. Rozalyn Strong is helping future generations of pharmacists. Dr. cans with felony convictions from voting date a Doctoral Candidate and an educator in the Moose currently serves as the primary instruc- back to the late 19th and early 20th centuries. Lake Washington School District. Mack tor at the University of North Carolina’s During the decades following passage of the Strong, Jr. is a retired Seattle Seahawk full- Eshelman School of Pharmacy’s Community Fifteenth Amendment, lawmakers across the back and currently works as the Western Pharmacy Residency Program, while also vol- country worked tirelessly to invalidate the States Director of the NFL’s Legends Commu- unteering his time to instruct future pharma- black vote. As the Jim Crow era began to gain nity. ceutical students at his alma mater, Campbell ground, these bans were strengthened. I admire and thank Ms. Strong for her life- University, as well as Wingate University’s While poll taxes and literacy tests were ef- time of leadership and dedication to country School of Pharmacy. fective tools in their arsenal, statutes allowing and community. I am extremely proud to call

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.026 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS E98 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2016 her a friend. May she have a happy 70th birth- 15,000 through mobile outreach. The Order manned aircraft systems (UAS) and will facili- day and enjoy many more to come. has a strong foundation in Christian ideals, tate the safe integration of UAS into the Na- f and a motto of ‘‘Pro Fide, Pro Utilitate tional Airspace System. Hominum: For the Faith and in the Service of While the Federal Aviation Administration INTRODUCTION OF THE FAIRNESS Humanity,’’ which speak to the inspiring scope (FAA) is in the process of creating a regu- FOR BREASTFEEDING MOTHERS of their global contribution. latory framework for commercial UAS oper- ACT OF 2016 The Order also features a diverse member- ation, the FAA’s existing approach to UAS in- ship, who vow to ‘‘serve our lords, the sick tegration and regulation has been piecemeal HON. ELEANOR HOLMES NORTON and the poor,’’ and to fulfill this promise at best. As a result, we are behind other coun- OF THE DISTRICT OF COLUMBIA through volunteer service, fundraising, and tries in developing a regulatory regime that en- IN THE HOUSE OF REPRESENTATIVES monetary donations. I would like to congratu- courages growth of this burgeoning industry, Tuesday, February 2, 2016 late Priory/Regional Chair, Julian V. Brandt III, and U.S. companies are being overtaken by Ms. NORTON. Mr. Speaker, today, I intro- CStJ, of Charleston, South Carolina, for his competition in Canada, Europe, and Asia. This duce the Fairness for Breastfeeding Mothers dedication for the significant work that the legislation offers a uniform and comprehensive Act of 2016, a bill that would require buildings Order is accomplishing around the world. approach that offers our drone industry a sen- that are either federally owned or leased to f sible path forward. The UAS industry expects to produce more provide designated private and hygienic lacta- CELEBRATING THE 10TH ANNIVER- than 100,000 U.S. jobs, with $82 billion in eco- tion spaces for nursing mothers. For years, SARY OF THE SCHOOL OF nomic impact, within a decade after these reg- federal agencies such as the U.S. Department SCIENCE AND TECHNOLOGY of Agriculture and the Centers for Disease ulations are complete. The potential social and Control and Prevention have encouraged economic benefits of this technology go far breastfeeding—the benefits are so great that HON. LAMAR SMITH beyond package delivery and capturing photos the Affordable Care Act amended federal law OF TEXAS and video footage. Around the world, UAS are to require employers to provide a designated, IN THE HOUSE OF REPRESENTATIVES being used to inspect critical infrastructure and non-bathroom space for returning employees Tuesday, February 2, 2016 conduct land surveys, fight forest fires and support emergency and disaster response, to pump breastmilk for their newborns, ensur- Mr. SMITH of Texas. Mr. Speaker, 2016 ing that new mothers would be able to con- transport medical samples and supplies, ana- marks the 10th anniversary for the School of lyze and manage crops, detect oil spills and tinue this essential practice even after return- Science and Technology (SST) located in my ing to work. My bill would extend this require- predict volcanic eruptions, catch poachers, district in San Antonio, Texas. SST provides a and deliver high-speed Internet to remote or ment to include not just employees, but visi- K–12 curriculum concentrated on educating tors and guests to federal facilities across the underserved areas. Full integration of UAS students in science, technology, engineering, into the national airspace could revolutionize nation. and math (STEM). In the rapidly changing In Washington, D.C. alone, there are mil- the way entire sectors of our economy and world of science and technology, it is critical lions of tourists who visit federal sites, such as governments function. that our students receive STEM education the Lincoln Memorial and the Smithsonian In- The Commercial UAS Modernization Act from an early age. For a decade, SST has stitution. Increasingly, families understand the provides a much-needed update to federal provided students with such an opportunity. unique benefits of breastfeeding, and visitors rules, making it clear that flying smartphones SST has been ranked among the top high to these buildings who have newborns and ba- should not be regulated like Predator drones. schools in Texas for multiple years and has bies should have a private space to received the Bronze, Silver and Gold rankings breastfeed or pump. The benefits of f from US News and World Report. This is a breastfeeding are well documented— testament to the school’s dedication to pro- IRAN TERROR FINANCE breastmilk contains antibodies and hormones viding STEM education to students in the San TRANSPARENCY ACT that boost babies’ immune systems, and stud- Antonio area. ies have shown lower risks of asthma, diabe- As Chairman of the House Science, Space SPEECH OF tes, respiratory infections, and other diseases and Technology Committee, I am committed among breastfed babies. Moreover, to ensuring that our nation’s youth have the HON. CHRIS VAN HOLLEN breastfeeding also has benefits for nursing scientific and mathematical skills to thrive in a OF MARYLAND mothers, who, research has shown, have technology-based economy. And I commend IN THE HOUSE OF REPRESENTATIVES lower risks of diabetes and certain forms of SST for its continued efforts to provide ad- cancer. Given the significant public health Wednesday, January 13, 2016 vanced STEM education to K–12 students. benefits of breastfeeding for both mother and In appreciation of all they have done, Mr. Mr. VAN HOLLEN. Mr. Speaker, I rise in op- baby, already recognized in federal policy, my Speaker, I ask my colleagues to join me in position to H.R. 3662. bill is a logical next step to ensure visitors to celebrating the 10th anniversary of SST. The focus of the JCPOA is to achieve the federal sites have access to clean, hygienic, long desired objective of preventing Iran from f and private spaces to nurse or pump. obtaining a nuclear weapon. We must be vigi- I urge my colleagues to support this bill, INTRODUCTION OF THE COMMER- lant in our verification and enforcement of that which would provide access to designated lac- CIAL UAS MODERNIZATION ACT agreement. tation rooms for guests to federally owned or Iran’s breach of the UN Resolutions regard- leased buildings. HON. EARL BLUMENAUER ing ballistic missiles is serious, but it is a dis- f OF OREGON tinct issue that requires its own targeted re- HONORING THE MOST VENERABLE IN THE HOUSE OF REPRESENTATIVES sponse. That is why President Obama was right to impose separate sanctions on Iran for ORDER OF THE HOSPITAL OF Tuesday, February 2, 2016 SAINT JOHN OF JERUSALEM its ballistic missile violations. Mr. BLUMENAUER. Mr. Speaker, the UAS As Mr. ENGEL has indicated, this legislation HON. JOE WILSON industry is booming in Oregon and nationwide, is nothing but a blatantly partisan attempt to but our laws and regulations are stifling inno- re-litigate the JCPOA. It was drafted without OF SOUTH CAROLINA vation instead of encouraging it, forcing Amer- consulting a single Democrat on the House IN THE HOUSE OF REPRESENTATIVES ican companies to look overseas to test new Foreign Affairs Committee, and passed out of Tuesday, February 2, 2016 technology. We must not miss the opportunity Committee without a single Democratic vote. Mr. WILSON of South Carolina. Mr. Speak- to harness the benefits and utility of UAS tech- Let us focus together on holding Iran ac- er, since 1888, the members of the Most Ven- nology, which will bring advances in safety countable for all its actions—with respect to erable Order of the Hospital of Saint John of and efficiency in nearly every sector of the JCPOA, its ballistic missile program, and its Jerusalem have promoted peace and health in economy. support for groups in the region that have en- the Middle East through their hospital in East Today, I am introducing the Commercial gaged in terrorism. But it is a sad day when Jerusalem, Gaza, and the West Bank. UAS Modernization Act, which creates an in- our Republican colleagues play political In 2015, the hospital and associated clinics terim framework that will promote American in- games with important national security and treated over 125,000 patients—including novation in the rapidly growing field of un- foreign policy matters.

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A02FE8.031 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS February 2, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E99 ADDRESSING THE COSTS TO Malheur National Wildlife Refuge—a national this ordeal. Ultimately, those decisions have LOCAL AND STATE LAW EN- treasure cherished by birders and other out- been very expensive for Oregon and the local FORCEMENT OF THE OCCUPA- door recreation enthusiasts and a model of community. My bill will allow the federal gov- TION OF THE MALHEUR NA- collaboration and partnership with the local ernment to ease this burden within 180 days TIONAL WILDLIFE REFUGE community. by reimbursing reasonable costs associated The situation has been allowed to continue with state and local law enforcement’s re- HON. EARL BLUMENAUER for far too long, and the costs of this dramatic sponse to this incident. Under my bill, the fed- OF OREGON and dangerous incident will be innumerable to eral government will have the authority to pur- IN THE HOUSE OF REPRESENTATIVES the federal government, the Bums Paiute sue civil action seeking to recover those costs Tribe, the state, and the local community. Tuesday, February 2, 2016 from the armed militia members to make sure One particular manifestation of this cost is taxpayers aren’t on the hook. Mr. BLUMENAUER. Mr. Speaker, for 32 the financial expense to state and local law days armed militants have occupied the enforcement, which has spent an estimated Placing the burden of these costs on the Malheur National Wildlife Refuge in Harney $100,000 per week responding to this incident. militants is the right thing to do. It will send a County, Oregon. Acting on behalf of a mis- This is why, today, I am introducing a bill to strong signal that an armed takeover of a fed- guided anti-public lands agenda and against help assuage some of the financial hardship eral facility is unacceptable and will result in the wishes of the local community, these ex- borne by state and local taxpayers in pro- consequences. In the meantime, however, tremists have endangered lives, damaged tecting the community during this challenging these communities already face resource con- property, and disrupted society. time. straints and an immediate federal reimburse- The armed takeover of a federal facility is Because the incident involves a federal fa- ment will help to address at least some of the simply not the way we do things in Oregon, cility, the federal government made decisions hardships caused by this irresponsible and un- and is not how things have been done at the about the timing and manner of addressing fortunate incident.

VerDate Sep 11 2014 05:52 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A02FE8.037 E02FEPT1 smartinez on DSK4TPTVN1PROD with REMARKS Tuesday, February 2, 2016 Daily Digest Senate National Tribal Colleges and Universities Chamber Action Week: Senate agreed to S. Res. 355, designating the Routine Proceedings, pages S453–S530. week beginning February 7, 2016, as ‘‘National Measures Introduced: Seven bills and four resolu- Tribal Colleges and Universities Week’’. tions were introduced, as follows: S. 2478–2484, and Pages S489, S530 S. Res. 353–356. Pages S486–87 National Mentoring Month: Senate agreed to S. Measures Reported: Res. 356, recognizing January 2016 as National H.R. 757, to improve the enforcement of sanc- Mentoring Month. Pages S489–90, S530 tions against the Government of North Korea, with Measures Considered: an amendment in the nature of a substitute. Energy Policy Modernization Act—Agreement: H.R. 1493, to protect and preserve international Senate continued consideration of S. 2012, to pro- cultural property at risk due to political instability, vide for the modernization of the energy policy of armed conflict, or natural or other disasters, with an the United States, and taking action on the fol- amendment in the nature of a substitute. lowing amendments proposed thereto: Pages S460–484 S. 1882, to support the sustainable recovery and Adopted: rebuilding of Nepal following the recent, devastating Rounds Modified Amendment No. 3182 (to earthquakes near Kathmandu, with an amendment Amendment No. 2953), to direct the Secretary of in the nature of a substitute. the Interior to establish a conservation incentives S. 2426, to direct the Secretary of State to develop landowner education program. (A unanimous-consent a strategy to obtain observer status for Taiwan in the agreement was reached providing that the require- International Criminal Police Organization. ment of a 60 affirmative vote threshold, be vitiated.) Page S486 Pages S471–72 Measures Passed: Durbin/Alexander Amendment No. 3095 (to Amendment No. 2953), to increase funding for the West Lake Landfill: Committee on Environment Office of Science of the Department of Energy. (A and Public Works was discharged from further con- unanimous-consent agreement was reached providing sideration of S. 2306, to require the Secretary of the that the requirement of a 60 affirmative vote thresh- Army, acting through the Chief of Engineers, to un- old, be vitiated.) Page S475 dertake remediation oversight of the West Lake Murkowski (for Hirono) Amendment No. 3064 Landfill located in Bridgeton, Missouri, and the bill (to Amendment No. 2953), to modify a provision was then passed. Pages S529–30 relating to the energy workforce pilot grant pro- National Stalking Awareness Month: Senate gram. Page S482 agreed to S. Res. 353, raising awareness and encour- Murkowski (for Hirono) Modified Amendment aging the prevention of stalking by designating Jan- No. 3065 (to Amendment No. 2953), to modify a uary 2016, as ‘‘National Stalking Awareness Month’’. provision relating to the energy workforce pilot Pages S488–89, S530 grant program. Pages S482–83 Murkowski (for Klobuchar) Amendment No. Congratulating the University of Nebraska-Lin- 3179 (to Amendment No. 2953), to modify the coln National Collegiate Athletic Association Divi- areas of focus under the grid storage program. sion I Volleyball Champions: Senate agreed to S. Pages S482, S483 Res. 354, congratulating the University of Nebraska- Murkowski (for Carper/Inhofe) Amendment No. Lincoln volleyball team for winning the 2015 Na- 3145 (to Amendment No. 2953), to provide that for tional Collegiate Athletic Association Division I purposes of the Federal purchase requirement, renew- Volleyball Championship. Pages S489, S530 able energy includes thermal energy. Pages S482, S483 D85

VerDate Sep 11 2014 06:33 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE6.REC D02FEPT1 smartinez on DSK4TPTVN1PROD with DIGEST D86 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2016 Murkowski (for Heitkamp) Amendment No. 3174 By 49 yeas to 46 nays (Vote No. 13), Sullivan (to Amendment No. 2953), to affirm a Federal com- Amendment No. 2996 (to Amendment No. 2953), mitment to carbon capture utilization and storage to require each agency to repeal or amend 1 or more research, development, and implementation and to rules before issuing or amending a rule. (A unani- study the costs and benefits of contracting authority mous-consent agreement was reached providing that for price stabilization. Pages S482, S483 the amendment, having failed to achieve 60 affirma- Murkowski (for Collins) Modified Amendment tive votes, was not agreed to.) Pages S473–74 No. 3140 (to Amendment No. 2953), to require cer- By 45 yeas to 50 nays (Vote No. 14), Schatz/ tain Federal agencies to establish consistent policies Whitehouse Amendment No. 3176 (to Amendment relating to forest biomass energy to help address the No. 2953), to amend the Internal Revenue Code of energy needs of the United States. 1986 to phase out tax preferences for fossil fuels on Pages S482, S483, S484 the same schedule as the phase out of the tax credits Murkowski (for Baldwin) Amendment No. 3156 for wind facilitates. (A unanimous-consent agreement (to Amendment No. 2953), to strike a repeal under was reached providing that the amendment, having a provision relating to manufacturing energy effi- failed to achieve 60 affirmative votes, was not agreed ciency. Pages S482, S483 to.) Pages S474–75 Murkowski (for Carper/Inhofe) Amendment No. By 43 yeas to 52 nays (Vote. No 15), Whitehouse 3143 (to Amendment No. 2953), to reauthorize the Amendment No. 3125 (to Amendment No. 2953), diesel emissions reduction program. Pages S482, S483 to require campaign finance disclosures for certain Murkowski (for Boxer/Feinstein) Modified Amend- persons benefitting from fossil fuel activities. (A ment No. 3194 (to Amendment No. 2953), to direct unanimous-consent agreement was reached providing the Secretary of Energy to establish a task force to that the amendment, having failed to achieve 60 af- analyze and assess the Aliso Canyon natural gas leak. firmative votes, was not agreed to.) Pages S475–77 Pages S482, S483–84 Pending: Murkowski (for Inhofe/King) Amendment No. Murkowski Amendment No. 2953, in the nature 3205 (to Amendment No. 2953), to provide for the of a substitute. Page S460 use of geomatic data in consideration of applications Murkowski (for Cassidy/Markey) Amendment No. for Federal authorization. Pages S482, S484 2954 (to Amendment No. 2953), to provide for cer- Murkowski (for Booker) Amendment No. 3160 tain increases in, and limitations on, the drawdown (to Amendment No. 2953), to strike a provision re- and sales of the Strategic Petroleum Reserve. lating to identifying and characterizing methane hy- Page S460 drate resources using remote sensing and seismic Murkowski Amendment No. 2963 (to Amend- data in the Atlantic Ocean Basin. Pages S482, S484 ment No. 2953), to modify a provision relating to Rejected: bulk-power system reliability impact statements. By 47 yeas to 48 nays (Vote No. 10), Lee Amend- Pages S460, S482 ment No. 3023 (to Amendment No. 2953), to mod- A motion was entered to close further debate on ify the authority of the President of the United Murkowski Amendment No. 2953 (listed above), States to declare national monuments. (Pursuant to and, in accordance with the provisions of rule XXII the order of Monday, February 1, 2016, the amend- of the Standing Rules of the Senate, a vote on clo- ment having failed to achieve 60 affirmative votes, ture will occur on Thursday, February 4, 2016. was not agreed to.) Pages S468–71 Page S530 By 43 yeas to 52 nays (Vote No. 11), Franken A motion was entered to close further debate on Amendment No. 3115 (to Amendment No. 2953), the bill, and, in accordance with the provisions of to establish a Federal energy efficiency resource rule XXII of the Standing Rules of the Senate, a standard for electricity and natural gas suppliers. vote on cloture will occur upon disposition of Mur- (Pursuant to the order of Monday, February 1, 2016, kowski Amendment No. 2953. Page S477 the amendment having failed to achieve 60 affirma- A unanimous-consent agreement was reached pro- tive votes, was not agreed to.) Page S471 viding for further consideration of the bill at ap- By 52 yeas to 43 nays (Vote No. 12), Barrasso proximately 10:30 a.m., on Wednesday, February 3, Amendment No. 3030 (to Amendment No. 2953), 2016; and that the filing deadline for all first-degree to establish deadlines and expedite permits for cer- amendments to Murkowski Amendment No. 2953, tain natural gas gathering lines on Federal land and and the bill, be at 1 p.m., on Wednesday, February Indian land. (A unanimous-consent agreement was 3, 2016. Page S530 reached providing that the amendment, having failed Message from the President: Senate received the to achieve 60 affirmative votes, was not agreed to.) following message from the President of the United Pages S472–73 States:

VerDate Sep 11 2014 06:33 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE6.REC D02FEPT1 smartinez on DSK4TPTVN1PROD with DIGEST February 2, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D87 Transmitting, pursuant to law, the District of Co- sistant Secretary of State, Bureau of European and lumbia’s fiscal year (FY) 2016 Budget and Financial Eurasian Affairs. Plan; which was referred to the Committee on Homeland Security and Governmental Affairs. FRONTLINE RESPONSE TO TERRORISM IN (PM–39) Page S486 AMERICA Messages from the House: Page S486 Committee on Homeland Security and Governmental Af- fairs: Committee concluded a hearing to examine Measures Referred: Page S486 frontline response to terrorism in America, after re- Measures Read the First Time: Page S486 ceiving testimony from Mark Ghilarducci, California Additional Cosponsors: Pages S487–88 Governor’s Office of Emergency Services Director and Governor’s Homeland Security Advisor, Mather; Statements on Introduced Bills/Resolutions: Chief Wallace L. Sparks, Everest Metropolitan Police Pages S488–90 Department, Weston, Wisconsin; Commissioner Additional Statements: Pages S485–86 William J. Bratton, New York City Police Depart- Amendments Submitted: Pages S490–S529 ment, New York, New York; Rhoda Mae Kerr, International Association of Fire Chiefs, Austin, Authorities for Committees to Meet: Page S529 Texas; and Edward F. Davis, III, Edward Davis, Privileges of the Floor: Page S529 LLC, Boston, Massachusetts. Record Votes: Six record votes were taken today. EB–5 REGIONAL CENTER PROGRAM (Total—15) Pages S471, S473, S474, S475, S477 Adjournment: Senate convened at 10 a.m. and ad- Committee on the Judiciary: Committee concluded a journed at 7:38 p.m., until 9:30 a.m. on Wednes- hearing to examine the future of the EB–5 regional day, February 3, 2016. (For Senate’s program, see center program, including S. 1501, to promote and the remarks of the Acting Majority Leader in today’s reform foreign capital investment and job creation in Record on page S530.) American communities, after receiving testimony from Nicholas Colucci, Chief, Office of Immigrant Investor Program, Citizenship and Immigration Committee Meetings Services, Department of Homeland Security; and Ste- phen L. Cohen, Associate Director, Division of En- (Committees not listed did not meet) forcement, Securities and Exchange Commission. GROUND COMBAT UNITS OCCUPATIONAL LICENSING AND THE Committee on Armed Services: Committee concluded a STATE ACTION DOCTRINE hearing to examine the implementation of the deci- sion to open all ground combat units to women, Committee on the Judiciary: Subcommittee on Anti- after receiving testimony from Raymond E. Mabus, trust, Competition Policy and Consumer Rights con- Jr., Secretary of the Navy, Patrick J. Murphy, Under cluded a hearing to examine occupational licensing Secretary, and General Mark A. Milley, USA, Chief and the state action doctrine, after receiving testi- of Staff, both of the Army, and General Robert B. mony from Jason Furman, Chairman, Council of Neller, USMC, Commandant of the Marine Corps, Economic Advisers; Maureen K. Ohlhausen, Com- all of the Department of Defense. missioner, Federal Trade Commission; Misha Tseytlin, Wisconsin Solicitor General, Madison; RUSSIA, THE EUROPEAN UNION, AND Morris Kleiner, University of Minnesota Humphrey AMERICAN FOREIGN POLICY School of Public Affairs, Minneapolis; Robert Everett Committee on Foreign Relations: Committee received a Johnson, Institute for Justice, Washington, D.C.; closed briefing on Russia, the European Union, and and Bill Main, Segs in the City, Baltimore, Mary- American foreign policy from Victoria Nuland, As- land.

VerDate Sep 11 2014 06:33 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE6.REC D02FEPT1 smartinez on DSK4TPTVN1PROD with DIGEST D88 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2016 House of Representatives ministration of income reviews and the collection of Chamber Action asset information when determining eligibility for Public Bills and Resolutions Introduced: 16 pub- rental assistance, consistent with other means-tested lic bills, H.R. 4425–4440; and 6 resolutions, H. programs; Pages H465–67 Con. Res. 110–111; and H. Res. 596–599, were in- Maxine Waters (CA) amendment (No. 2 printed troduced. Pages H495–96 in H. Rept. 114–411) that removes harmful lan- Additional Cosponsors: Pages H496–97 guage that would limit the amount that families re- Reports Filed: ceiving certain federal housing assistance can deduct Reports were filed today as follows: from their income for childcare expenses; H.R. 3293, to provide for greater accountability Pages H467–68 in Federal funding for scientific research, to promote Sewell (AL) amendment (No. 3 printed in H. the progress of science in the United States that Rept. 114–411) that requires the Secretary of HUD serves that national interest (H. Rept. 114–412); to conduct a study to determine the impacts of the H.R. 2017, to amend the Federal Food, Drug, and decreased deductions on rents paid by elderly and Cosmetic Act to improve and clarify certain disclo- disabled individuals and families assisted under the sure requirements for restaurants and similar retail Section 8 rental assistance and housing programs; food establishments, and to amend the authority to Page H468 bring proceedings under section 403A, with an Hinojosa amendment (No. 5 printed in H. Rept. amendment (H. Rept. 114–413); and 114–411) that allows the USDA to assess a nominal H. Res. 595, providing for consideration of the fee (maximum of $50) per loan under the Section bill (H.R. 1675) to direct the Securities and Ex- 502 single family guaranteed home loan program in change Commission to revise its rules so as to in- order to fund needed technological improvements crease the threshold amount for requiring issuers to and investments into the guaranteed underwriting provide certain disclosures relating to compensatory system; Pages H468–69 benefit plans, and providing for consideration of the Meng amendment (No. 6 printed in H. Rept. bill (H.R. 766) to provide requirements for the ap- 114–411) that requires HUD to publish model propriate Federal banking agencies when requesting guidelines for minimum heating requirements for or ordering a depository institution to terminate a units operated by public housing agencies receiving specific customer account, to provide for additional federal assistance; Pages H469–70 requirements related to subpoenas issued under the Welch amendment (No. 8 printed in H. Rept. Financial Institutions Reform, Recovery, and En- 114–411) that allows the property taxes paid on mo- forcement Act of 1989, and for other purposes (H. bile homes, insurance payments, utilities and financ- Rept. 114–414). Page H495 ing to be included as components of the housing Recess: The House recessed at 10:04 a.m. and re- costs eligible for Section 8 payments; Pages H471–72 convened at 12 noon. Page H435 Peters amendment (No. 9 printed in H. Rept. Housing Opportunity Through Modernization 114–411) that inserts a provision for collaborating Act: The House passed H.R. 3700, to provide hous- with the Department of Veterans Affairs and the De- ing opportunities in the United States through mod- partment of Housing and Urban Development on ernization of various housing programs, by a yea- how to better coordinate and improve veterans hous- and-nay vote of 427 yeas with none voting ‘‘nay’’, ing services; Pages H472–73 Roll No. 52. Pages H451–82 Peters amendment (No. 10 printed in H. Rept. Pursuant to the Rule, an amendment in the na- 114–411) that directs the Secretary of Housing and ture of a substitute consisting of the text of Rules Urban Development to reopen the period for public Committee Print 114–42 shall be considered as an comment for the ‘‘Homeless Emergency Assistance original bill for the purpose of amendment under the and Rapid Transition to Housing: Continuum of five-minute rule, in lieu of the amendment in the Care Program’’ to allow stakeholders the opportunity nature of a substitute recommended by the Com- to provide input on how HUD’s resources can be mittee on Financial Services now printed in the bill. most equitably used to end homelessness in our Pages H459–65 country; Page H473 Agreed to: Jackson Lee amendment (No. 13 printed in H. Buchanan amendment (No. 1 printed in H. Rept. Rept. 114–411), as modified, that directs the Sec- 114–411) that promotes efficient and accurate ad- retary of Housing and Urban Development to work

VerDate Sep 11 2014 06:33 Feb 03, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE6.REC D02FEPT1 smartinez on DSK4TPTVN1PROD with DIGEST February 2, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D89 with the Secretary of Labor to produce an annual re- Subsequently, the veto message (H. Doc. 114–91) port on interagency strategies to strengthen family and the bill were referred to the Committee on the economic empowerment by linking housing with es- Budget. Pages H441–450 sential supportive services such as employment coun- Iran Terror Finance Transparency Act: The seling and training, financial growth, childcare, House passed H.R. 3662, to enhance congressional transportation, meals, youth recreational activities oversight over the administration of sanctions against and other supportive services; prioritizes U.S. citizens certain Iranian terrorism financiers, by a yea-and-nay and nationals over migrants from the Republic of vote of 246 yeas to 181 nays, Roll No. 54. Consider- the Marshall Islands, Republic of Palau, and the ation began on Wednesday, January 13th. Federated States of Micronesia when receiving federal Pages H482–83 housing assistance in Guam; Pages H475–78 H. Res. 583, the rule providing for consideration Price (NC) amendment (No. 14 printed in H. of the bill (H.R. 1644), the joint resolution (S.J. Rept. 114–411) that updates and modernizes HUD’s Res. 22), and the bill (H.R. 3662), was agreed to on funding formula for the Housing Opportunities for Tuesday, January 12th. Persons With AIDS (HOPWA) program so that funding is distributed to jurisdictions based on liv- Presidential Message: Read a message from the ing cases of HIV/AIDS; and Pages H478–79 President wherein he transmitted the District of Co- Palazzo amendment (No. 7 printed in H. Rept. lumbia’s fiscal year 2016 Budget and Financial 114–411) that makes permanent the exception to Plan—referred to the Committee on Appropriations public housing agency resident board member re- and ordered to be printed (H. Doc. 114–96). quirement (by a recorded vote of 236 ayes to 178 Page H483 noes, Roll No. 50). Pages H470–71, H479–80 Quorum Calls—Votes: Four yea-and-nay votes and Rejected: three recorded votes developed during the pro- Ellison amendment (No. 11 printed in H. Rept. ceedings of today and appear on pages H450, H451, 114–411) that sought to provide affirmative permis- H480, H480–81, H481–82, H482, and H482–83. sion for housing providers who administer U.S. De- There were no quorum calls. partment of Housing and Urban Development funds to report on-time rental payment data for their ten- Adjournment: The House met at 10 a.m. and ad- ants to credit reporting agencies without requiring journed at 7:44 p.m. and managing individual written consent agree- ments; direct HUD to retain tenant privacy so the Committee Meetings furnished information would not specifically note that tenants receive HUD assistance; and BUSINESS MEETING Pages H473–74 Committee on Agriculture: Full Committee held a busi- Al Green (TX) amendment (No. 12 printed in H. ness meeting to consider the Budget Views and Esti- Rept. 114–411) that sought to reauthorize the FHA mates Letter of the Committee on Agriculture for pilot program to establish an automated process for the agencies and programs under the jurisdiction of providing additional credit rating information to the Committee for fiscal year 2017. The committee’s help determine creditworthiness for families with in- Budget Views and Estimates Letter was approved. sufficient credit histories (by a recorded vote of 181 ayes to 239 noes, Roll No. 51). OPPORTUNITIES AND CHALLENGES IN Pages H474–75, H480–81 DIRECT MARKETING—A VIEW FROM THE H. Res. 594, the rule providing for consideration FIELD of the bill (H.R. 3700) was agreed to by a recorded Committee on Agriculture: Subcommittee on Bio- vote of 242 ayes to 177 noes, Roll No. 49, after the technology, Horticulture and Research held a hear- previous question was ordered by a yea-and-nay vote ing entitled ‘‘Opportunities and Challenges in Direct of 236 yeas to 178 nays, Roll No. 48. Marketing—A View from the Field’’. Testimony was Pages H439–441, H450–51 heard from public witnesses. Restoring Americans’ Healthcare Freedom Rec- onciliation Act—Presidential Veto: The House AFGHANISTAN IN 2016: THE EVOLVING voted to sustain the President’s veto of H.R. 3762, SECURITY SITUATION AND U.S. POLICY, to provide for reconciliation pursuant to section STRATEGY, AND POSTURE 2002 of the concurrent resolution on the budget for Committee on Armed Services: Full Committee held a fiscal year 2016, by a yea-and-nay vote of 241 yeas hearing entitled ‘‘Afghanistan in 2016: The Evolving to 186 nays, Roll No. 53 (two-thirds of those Security Situation and U.S. Policy, Strategy, and present not voting to override). Page H482 Posture’’. Testimony was heard from General John

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Conservation Act; H.R. 1296, to amend the San Luis FINANCIAL INSTITUTION CUSTOMER Rey Indian Water Rights Settlement Act to clarify PROTECTION ACT OF 2015; ENCOURAGING certain settlement terms, and for other purposes; EMPLOYEE OWNERSHIP ACT OF 2015 H.R. 1475, the ‘‘Korean War Veterans Memorial Wall of Remembrance Act of 2015’’; H.R. 1815, Committee on Rules: Full Committee held a hearing on the ‘‘Eastern Nevada Land Implementation Improve- H.R. 766, the ‘‘Financial Institution Customer Pro- ment Act’’; H.R. 2273, to amend the Colorado tection Act of 2015’’; and H.R. 1675, ‘‘Encouraging River Storage Project Act to authorize the use of the Employee Ownership Act of 2015’’. The committee active capacity of the Fontenelle Reservoir; H.R. granted, by record vote of 9–4, a structured rule for 2538, the ‘‘Lytton Rancheria Homelands Act of H.R. 1675. The rule provides one hour of general 2015’’; H.R. 2857, to facilitate the addition of park debate equally divided and controlled by the chair administration at the Coltsville National Historical and ranking minority member of the Committee on Park, and for other purposes; H.R. 2880, the ‘‘Mar- Financial Services. The rule waives all points of order tin Luther King, Jr. National Historical Park Act of against consideration of the bill. The rule makes in 2015’’; H.R. 3004, to amend the Gullah/Geechee order as original text for the purpose of amendment Cultural Heritage Act to extend the authorization an amendment in the nature of a substitute con- for the Gullah/Geechee Cultural Heritage Corridor sisting of the text of Rules Committee Print 114–43 Commission; H.R. 3036, the ‘‘National 9/11 Memo- and provides that it shall be considered as read. The rial at the World Trade Center Act’’; H.R. 3079, to rule waives all points of order against that amend- take certain Federal land located in Tuolumne Coun- ment in the nature of a substitute. The rule makes ty, California, into trust for the benefit of the in order only those further amendments printed in Tuolumne Band of Me-Wuk Indians, and for other part A of the Rules Committee report. Each such purposes; H.R. 3371, the ‘‘Kennesaw Mountain Na- amendment may be offered only in the order printed tional Battlefield Park Boundary Adjustment Act of in the report, may be offered only by a Member des- 2015’’; H.R. 3342, to provide for stability of title ignated in the report, shall be considered as read, to certain lands in the State of Louisiana, and for shall be debatable for the time specified in the re- other purposes; H.R. 3620, to amend the Delaware port equally divided and controlled by the proponent Water Gap National Recreation Area Improvement and an opponent, shall not be subject to amend- Act to provide access to certain vehicles serving resi- dents of municipalities adjacent to the Delaware ment, and shall not be subject to a demand for divi- Water Gap National Recreation Area, and for other sion of the question. The rule waives all points of purposes; and H.R. 4119, to authorize the exchange order against the amendments printed in part A of of certain land located in Gulf Islands National Sea- the report. The rule provides one motion to recom- shore, Jackson County, Mississippi, between the Na- mit with or without instructions. The rule also tional Park Service and the Veterans of Foreign grants a structured rule for H.R. 766. The rule pro- Wars, and for other purposes. vides one hour of general debate equally divided and controlled by the chair and ranking minority mem- U.S. DEPARTMENT OF EDUCATION: INVESTIGATION OF THE CIO ber of the Committee on Financial Services. The rule waives all points of order against consideration of the Committee on Oversight and Government Reform: Full bill. The rule makes in order as original text for the Committee held a hearing entitled ‘‘U.S. Depart- purpose of amendment an amendment in the nature ment of Education: Investigation of the CIO’’. Testi- of a substitute consisting of the text of Rules Com- mony was heard from the following Department of mittee Print 114–41 and provides that it shall be Education officials: Danny A. Harris, Chief Informa- considered as read. The rule waives all points of tion Officer; Sandra Bruce, Deputy Inspector Gen- order against that amendment in the nature of a eral; Susan Winchell, Assistant General Counsel for Ethics; and John B. King Jr., Acting Secretary. substitute. The rule makes in order only those fur- ther amendments printed in part B of the Rules SEEKING JUSTICE FOR VICTIMS OF Committee report. Each such amendment may be of- PALESTINIAN TERRORISM IN ISRAEL fered only in the order printed in the report, may Committee on Oversight and Government Reform: Sub- be offered only by a Member designated in the re- committee on National Security held a hearing enti- port, shall be considered as read, shall be debatable tled ‘‘Seeking Justice for Victims of Palestinian Ter- for the time specified in the report equally divided rorism in Israel’’. Testimony was heard from Brad and controlled by the proponent and an opponent, Wiegmann, Deputy Assistant Attorney General, Na- shall not be subject to amendment, and shall not be tional Security Division, Department of Justice; and subject to a demand for division of the question. The public witnesses.

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Committee on Education and the Workforce, Full Com- 2015’’; H.R. 3004, to amend the Gullah/Geechee Cul- mittee, hearing entitled ‘‘Expanding Educational Oppor- tural Heritage Act to extend the authorization for the tunity Through School Choice’’, 10 a.m., HVC–210. Gullah/Geechee Cultural Heritage Corridor Commission; Committee on Energy and Commerce, Subcommittee on En- H.R. 3036, the ‘‘National 9/11 Memorial at the World ergy and Power, hearing entitled ‘‘H.R. 3797, the Satis- Trade Center Act’’; H.R. 3079, to take certain Federal fying Energy Needs and Saving the Environment Act land located in Tuolumne County, California, into trust (SENSE) Act and H.R.lll, the Blocking Regulatory for the benefit of the Tuolumne Band of Me-Wuk Indi- Interference from Closing Kilns (BRICK) Act’’, 10 a.m., ans, and for other purposes; H.R. 3371, the ‘‘Kennesaw 2123 Rayburn. Mountain National Battlefield Park Boundary Adjust- Committee on Financial Services, Full Committee, business ment Act of 2015’’; H.R. 3342, to provide for stability meeting on Committee’s views and estimates on the of title to certain lands in the State of Louisiana, and for budget (continued), 9 a.m., 2128 Rayburn. other purposes; H.R. 3620, to amend the Delaware Task Force to Investigate Terrorism Financing, hearing Water Gap National Recreation Area Improvement Act entitled ‘‘Trading with the Enemy: Trade-Based Money to provide access to certain vehicles serving residents of Laundering is the Growth Industry in Terror Finance’’, municipalities adjacent to the Delaware Water Gap Na- 10 a.m., 2128 Rayburn. tional Recreation Area, and for other purposes; and H.R. Committee on Foreign Affairs, Subcommittee on Europe, 4119, to authorize the exchange of certain land located Eurasia, and Emerging Threats, hearing entitled ‘‘Turkey: in Gulf Islands National Seashore, Jackson County, Mis- Political Trends in 2016’’, 2 p.m., 2172 Rayburn. Committee on Homeland Security, Full Committee, hearing sissippi, between the National Park Service and the Vet- entitled ‘‘Crisis of Confidence: Preventing Terrorist Infil- erans of Foreign Wars, and for other purposes (contin- tration through U.S. Refugee and Visa Programs’’, 10 ued), 10 a.m., 1324 Longworth. a.m., 311 Cannon. Committee on Oversight and Government Reform, Full Com- Committee on the Judiciary, Full Committee, markup on mittee, hearing entitled ‘‘Examining Federal Administra- H.R. 3624, the ‘‘Fraudulent Joinder Prevention Act’’; and tion of the Safe Drinking Water Act in Flint, Michigan’’, a resolution establishing the House Committee on the Ju- 9 a.m., 2154 Rayburn. diciary Executive Overreach Task Force; and Budget Subcommittee on Transportation and Public Assets, Views and Estimates for FY 2017, 10:15 a.m., 2141 Ray- hearing entitled ‘‘Securing Our Skies: Oversight of Avia- burn. tion Credentials’’, 1 p.m., 2154 Rayburn. Committee on Natural Resources, Full Committee, markup Committee on Science, Space, and Technology, Subcommittee on H.R. 482, the ‘‘Ocmulgee Mounds National Historical on Space, hearing entitled ‘‘Charting a Course: Expert Park Boundary Revision Act of 2015’’; H.R. 812, the Perspectives on NASA’s Human Exploration Proposals’’, ‘‘Indian Trust Asset Management Demonstration Project 10 a.m., 2318 Rayburn. Act of 2015’’; H.R. 890, to correct the boundaries of the Committee on Small Business, Subcommittee on Con- John H. Chafee Coastal Barrier Resources System Unit tracting and the Workforce, hearing entitled ‘‘SBA Man- P16; H.R. 894, to extend the authorization of the High- agement Review: Office of Government Contracts and lands Conservation Act; H.R. 1296, to amend the San Business Development’’, 3 p.m., 2360 Rayburn. Luis Rey Indian Water Rights Settlement Act to clarify Committee on Transportation and Infrastructure, Sub- certain settlement terms, and for other purposes; H.R. committee on Coast Guard and Maritime Transportation, 1475, the ‘‘Korean War Veterans Memorial Wall of Re- hearing entitled ‘‘The Status of Coast Guard Cutter Ac- membrance Act of 2015’’; H.R. 1815, the ‘‘Eastern Ne- quisition Programs’’, 10 a.m., 2167 Rayburn. vada Land Implementation Improvement Act’’; H.R. Committee on Veterans’ Affairs, Full Committee, hearing 2273, to amend the Colorado River Storage Project Act entitled ‘‘Lost Opportunities for Veterans: An Examina- to authorize the use of the active capacity of the tion of VA’s Technology Transfer Program’’, 10:30 a.m., Fontenelle Reservoir; H.R. 2538, the ‘‘Lytton Rancheria 334 Cannon. Homelands Act of 2015’’; H.R. 2857, to facilitate the ad- Committee on Ways and Means, Full Committee, markup dition of park administration at the Coltsville National on Views and Estimates on the Fiscal Year 2017 Federal Historical Park, and for other purposes; H.R. 2880, the Budget; and H.R. 4294, ‘‘SAVERS Act of 2015’’, 10 ‘‘Martin Luther King, Jr. National Historical Park Act of a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 3 10 a.m., Wednesday, February 3

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. morning business (not to extend beyond one hour), Senate 1675—Encouraging Employee Ownership Act (Subject to will continue consideration of S. 2012, Energy Policy a Rule). Modernization Act. The filing deadline for first-degree amendments to Murkowski Amendment No. 2953 and the bill is at 1 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Flores, Bill, Tex., E96 Payne, Donald M., Jr., N.J., E90 Frankel, Lois, Fla., E91, E94 Poe, Ted, Tex., E92 Babin, Brian, Tex., E90 Garamendi, John, Calif., E89, E92 Pompeo, Mike, Kans., E94 Black, Diane, Tenn., E95 Goodlatte, Bob, Va., E89 Reichert, David G., Wash., E97 Blumenauer, Earl, Ore., E98, E99 Guthrie, Brett, Ky., E90 Rice, Tom, S.C., E96 ´ Brady, Robert A., Pa., E95 Gutierrez, Luis V., Ill., E91 Roskam, Peter J., Ill., E91, E91 Byrne, Bradley, Ala., E89 Higgins, Brian, N.Y., E92 Ryan, Tim, Ohio, E89 Chaffetz, Jason, Utah, E90 Hudson, Richard, N.C., E94, E95, E96, E97 Schiff, Adam B., Calif., E94, E95 Clarke, Yvette D., N.Y., E95 Huffman, Jared, Calif., E90 Coffman, Mike, Colo., E94 Huizenga, Bill, Mich., E97 Sewell, Terri A., Ala., E97 Crenshaw, Ander, Fla., E92, E93 King, Steve, Iowa, E96 Smith, Lamar, Tex., E98 Crowley, Joseph, N.Y., E93 Kline, John, Minn., E96 Thompson, Mike, Calif., E91, E94 Davis, Rodney, Ill., E97 Matsui, Doris O., Calif., E95 Van Hollen, Chris, Md., E98 Dent, Charles W., Pa., E91 Murphy, Patrick, Fla., E96 Visclosky, Peter J., Ind., E89 Dingell, Debbie, Mich., E95 Norton, Eleanor Holmes, The District of Columbia, Wilson, Joe, S.C., E93, E98 Donovan, Daniel M., Jr, N.Y., E92 E98 Wittman, Robert J., Va., E92

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